Bill Text: OH HB59 | 2013-2014 | 130th General Assembly | Introduced

Ohio House Bill 59 (Prior Session Legislation)

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

Bill Title: On July 1, 2018, to terminate the operation of that section on that date.

Spectrum: Partisan Bill (Republican 34-1)

Status: (Passed) 2013-06-30 - Effective Date [HB59 Detail]

Download: Ohio-2013-HB59-Introduced.html

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 59

Representative Amstutz

A BILL

To amend sections 9.03, 9.231, 9.239, 9.24, 9.823,

9.833, 9.90, 9.901, 101.39, 101.391, 103.144,

105.41, 107.033, 107.12, 109.06, 109.36, 109.57,

109.572, 109.71, 109.746, 109.77, 109.85, 109.86,

109.90, 111.02, 111.15, 111.28, 113.02, 113.061,

117.03, 117.10, 117.20, 119.01, 120.06, 121.02,

121.03, 121.11, 121.22, 121.35, 121.37, 121.372,

122.075, 122.17, 122.175, 122.28, 122.30, 122.31,

122.32, 122.33, 122.34, 122.35, 122.36, 122.58,

122.66, 122.67, 122.68, 122.69, 122.70, 122.701,

122.76, 123.01, 123.10, 123.11, 123.201, 123.21,

123.27, 124.11, 124.14, 124.141, 124.15, 124.18,

124.30, 124.341, 124.381, 125.05, 125.21, 125.212,

125.28, 125.602, 125.603, 125.832, 125.836,

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

126.47, 126.48, 127.14, 127.16, 133.06, 140.01,

140.03, 140.05, 145.01, 145.012, 145.22, 149.43,

151.11, 152.09, 153.692, 154.01, 154.17, 154.20,

154.22, 154.23, 154.25, 156.02, 156.03, 156.04,

156.05, 166.03, 166.04, 169.01, 169.02, 169.03,

169.05, 169.06, 169.07, 169.08, 169.13, 169.14,

169.16, 173.03, 173.14, 173.20, 173.21, 173.26,

173.27, 173.39, 173.391, 173.392, 173.394, 173.40,

173.401, 173.402, 173.403, 173.404, 173.42,

173.43, 173.431, 173.432, 173.434, 173.45, 173.47,

173.50, 173.501, 191.01, 191.02, 191.04, 191.06,

307.674, 307.86, 317.08, 317.36, 321.44, 329.04,

329.051, 329.06, 329.14, 333.01, 339.02, 339.05,

339.06, 339.07, 340.01, 340.011, 340.02, 340.021,

340.03, 340.031, 340.032, 340.04, 340.05, 340.07,

340.09, 340.091, 340.10, 340.11, 340.12, 340.13,

340.15, 340.16, 341.192, 351.12, 737.41, 742.14,

901.21, 901.22, 901.23, 903.99, 909.15, 927.54,

955.201, 991.03, 991.04, 991.06, 1327.46, 1327.50,

1327.501, 1327.61, 1327.99, 1337.11, 1347.08,

1501.011, 1501.45, 1509.01, 1509.02, 1509.06,

1509.062, 1509.10, 1509.11, 1509.22, 1509.226,

1509.31, 1509.34, 1531.06, 1531.99, 1541.03,

1545.071, 1547.01, 1547.542, 1547.99, 1551.33,

1551.35, 1555.15, 1701.86, 1701.922, 1703.29,

1739.061, 1751.01, 1751.11, 1751.12, 1751.31,

1923.14, 2101.24, 2113.041, 2113.06, 2117.061,

2117.25, 2133.01, 2133.25, 2151.011, 2151.3514,

2151.362, 2151.83, 2152.54, 2152.59, 2307.65,

2317.02, 2317.422, 2505.02, 2743.02, 2744.05,

2901.30, 2903.33, 2913.40, 2919.271, 2921.01,

2921.22, 2921.36, 2921.38, 2923.126, 2925.03,

2929.13, 2929.15, 2930.01, 2935.03, 2935.33,

2945.37, 2945.371, 2945.38, 2945.39, 2945.40,

2945.401, 2951.041, 2967.22, 2981.12, 3101.051,

3107.083, 3109.15, 3111.72, 3119.29, 3121.441,

3121.89, 3121.891, 3121.892, 3121.893, 3121.898,

3123.958, 3125.36, 3301.07, 3301.0714, 3301.0715,

3301.0723, 3301.15, 3302.042, 3302.22, 3303.41,

3304.11, 3304.12, 3304.13, 3304.14, 3304.15,

3304.16, 3304.17, 3304.18, 3304.181, 3304.182,

3304.19, 3304.20, 3304.21, 3304.22, 3304.23,

3304.231, 3304.24, 3304.25, 3304.27, 3304.28,

3304.41, 3307.51, 3309.21, 3310.01, 3310.02,

3310.03, 3310.05, 3310.06, 3310.08, 3310.51,

3310.56, 3311.05, 3311.053, 3311.0510, 3311.19,

3311.22, 3311.231, 3311.38, 3311.78, 3312.08,

3313.01, 3313.11, 3313.35, 3313.372, 3313.376,

3313.42, 3313.48, 3313.483, 3313.484, 3313.488,

3313.4810, 3313.533, 3313.60, 3313.603, 3313.6013,

3313.6016, 3313.62, 3313.64, 3313.646, 3313.65,

3313.714, 3313.715, 3313.82, 3313.83, 3313.841,

3313.843, 3313.845, 3313.847, 3313.88, 3313.98,

3313.981, 3314.015, 3314.029, 3314.03, 3314.074,

3314.08, 3314.083, 3314.084, 3314.087, 3314.091,

3314.11, 3314.26, 3315.06, 3315.07, 3315.18,

3315.33, 3315.40, 3315.42, 3316.041, 3316.06,

3317.01, 3317.013, 3317.021, 3317.023, 3317.0212,

3317.03, 3317.032, 3317.05, 3317.06, 3317.08,

3317.10, 3317.12, 3317.14, 3317.141, 3317.15,

3317.18, 3317.19, 3317.20, 3317.201, 3317.50,

3317.51, 3318.011, 3318.031, 3318.08, 3318.31,

3318.363, 3319.073, 3319.17, 3319.22, 3319.235,

3319.57, 3321.01, 3321.04, 3321.05, 3321.13,

3321.14, 3321.15, 3323.021, 3323.03, 3323.04,

3323.07, 3323.08, 3323.09, 3323.091, 3323.13,

3323.14, 3323.141, 3323.142, 3324.07, 3326.11,

3326.31, 3326.32, 3326.33, 3326.36, 3326.38,

3326.45, 3327.02, 3327.10, 3328.24, 3328.34,

3333.041, 3333.35, 3333.43, 3333.82, 3333.86,

3345.06, 3345.12, 3345.45, 3353.01, 3353.06,

3365.02, 3365.03, 3365.04, 3365.041, 3365.05,

3365.06, 3365.08, 3383.01, 3383.07, 3501.01,

3513.04, 3513.041, 3513.052, 3513.10, 3513.251,

3513.253, 3513.254, 3513.256, 3513.257, 3513.261,

3599.45, 3701.023, 3701.024, 3701.027, 3701.13,

3701.132, 3701.243, 3701.261, 3701.262, 3701.264,

3701.342, 3701.344, 3701.507, 3701.74, 3701.741,

3701.742, 3701.78, 3701.83, 3701.881, 3701.921,

3701.922, 3701.99, 3702.521, 3702.55, 3702.62,

3702.74, 3702.91, 3706.01, 3709.01, 3709.03,

3709.05, 3709.051, 3709.10, 3709.15, 3709.29,

3712.07, 3713.06, 3714.07, 3718.06, 3719.61,

3721.01, 3721.011, 3721.02, 3721.022, 3721.024,

3721.026, 3721.042, 3721.071, 3721.08, 3721.10,

100

3721.12, 3721.13, 3721.14, 3721.15, 3721.16,

101

3721.17, 3721.19, 3721.50, 3721.51, 3721.511,

102

3721.512, 3721.513, 3721.52, 3721.53, 3721.531,

103

3721.532, 3721.533, 3721.54, 3721.541, 3721.55,

104

3721.56, 3721.57, 3721.58, 3727.01, 3734.01,

105

3734.02, 3734.20, 3734.28, 3734.57, 3734.901,

106

3734.907, 3735.58, 3737.02, 3737.83, 3737.841,

107

3737.88, 3742.31, 3742.32, 3745.11, 3745.113,

108

3748.01, 3748.04, 3769.08, 3769.087, 3769.088,

109

3770.01, 3770.02, 3770.06, 3772.03, 3772.062,

110

3772.091, 3781.112, 3793.01, 3793.031, 3793.032,

111

3793.051, 3793.10, 3793.11, 3793.12, 3793.13,

112

3793.15, 3793.16, 3793.18, 3793.22, 3793.31,

113

3793.32, 3793.33, 3793.34, 3793.35, 3793.36,

114

3793.37, 3793.38, 3793.39, 3795.01, 3798.01,

115

3901.3814, 3905.40, 3905.862, 3923.281, 3923.443,

116

3923.49, 3923.50, 3923.601, 3923.83, 3924.42,

117

3951.01, 3963.04, 4104.33, 4112.12, 4112.31,

118

4115.034, 4115.32, 4117.06, 4117.14, 4117.15,

119

4121.50, 4121.69, 4123.57, 4131.03, 4141.162,

120

4301.10, 4301.30, 4301.43, 4305.131, 4503.06,

121

4503.44, 4510.038, 4510.45, 4511.19, 4511.191,

122

4701.03, 4707.073, 4707.10, 4715.36, 4715.372,

123

4719.01, 4723.17, 4723.18, 4723.35, 4723.481,

124

4729.69, 4729.80, 4729.81, 4731.151, 4731.71,

125

4734.41, 4751.01, 4751.02, 4751.03, 4751.04,

126

4751.041, 4751.05, 4751.06, 4751.07, 4751.08,

127

4751.10, 4751.11, 4751.12, 4751.13, 4755.481,

128

4758.10, 4758.11, 4761.01, 4905.31, 5101.01,

129

5101.11, 5101.141, 5101.16, 5101.162, 5101.18,

130

5101.181, 5101.183, 5101.184, 5101.26, 5101.271,

131

5101.272, 5101.273, 5101.30, 5101.31, 5101.34,

132

5101.35, 5101.36, 5101.46, 5101.47, 5101.49,

133

5101.50, 5101.501, 5101.502, 5101.51, 5101.511,

134

5101.512, 5101.513, 5101.516, 5101.517, 5101.519,

135

5101.5110, 5101.52, 5101.521, 5101.522, 5101.524,

136

5101.527, 5101.571, 5101.572, 5101.573, 5101.574,

137

5101.575, 5101.58, 5101.59, 5101.591, 5101.60,

138

5101.61, 5103.02, 5103.0323, 5103.13, 5103.42,

139

5104.012, 5104.013, 5104.02, 5104.021, 5104.03,

140

5104.08, 5104.11, 5104.12, 5104.32, 5107.10,

141

5107.14, 5107.16, 5107.20, 5107.24, 5107.26,

142

5107.42, 5107.64, 5111.01, 5111.011, 5111.013,

143

5111.016, 5111.018, 5111.0112, 5111.0114,

144

5111.0116, 5111.0117, 5111.0118, 5111.0119,

145

5111.02, 5111.021, 5111.022, 5111.023, 5111.024,

146

5111.025, 5111.027, 5111.028, 5111.029, 5111.0210,

147

5111.0211, 5111.0212, 5111.0213, 5111.0214,

148

5111.0215, 5111.03, 5111.031, 5111.032, 5111.033,

149

5111.034, 5111.035, 5111.04, 5111.042, 5111.05,

150

5111.051, 5111.052, 5111.053, 5111.054, 5111.06,

151

5111.061, 5111.062, 5111.063, 5111.07, 5111.071,

152

5111.08, 5111.081, 5111.082, 5111.083, 5111.084,

153

5111.085, 5111.086, 5111.09, 5111.091, 5111.092,

154

5111.10, 5111.101, 5111.102, 5111.11, 5111.111,

155

5111.112, 5111.113, 5111.114, 5111.12, 5111.121,

156

5111.13, 5111.14, 5111.141, 5111.15, 5111.151,

157

5111.16, 5111.161, 5111.162, 5111.163, 5111.17,

158

5111.171, 5111.172, 5111.173, 5111.174, 5111.175,

159

5111.177, 5111.178, 5111.179, 5111.1710,

160

5111.1711, 5111.18, 5111.181, 5111.19, 5111.191,

161

5111.20, 5111.201, 5111.202, 5111.203, 5111.204,

162

5111.21, 5111.212, 5111.22, 5111.221, 5111.222,

163

5111.223, 5111.224, 5111.225, 5111.226, 5111.23,

164

5111.231, 5111.232, 5111.233, 5111.235, 5111.24,

165

5111.241, 5111.242, 5111.244, 5111.245, 5111.246,

166

5111.25, 5111.251, 5111.254, 5111.255, 5111.257,

167

5111.258, 5111.259, 5111.26, 5111.261, 5111.262,

168

5111.263, 5111.264, 5111.265, 5111.266, 5111.27,

169

5111.271, 5111.28, 5111.29, 5111.291, 5111.30,

170

5111.31, 5111.32, 5111.33, 5111.331, 5111.35,

171

5111.36, 5111.37, 5111.38, 5111.39, 5111.41,

172

5111.411, 5111.42, 5111.43, 5111.44, 5111.45,

173

5111.46, 5111.47, 5111.48, 5111.49, 5111.50,

174

5111.51, 5111.511, 5111.52, 5111.53, 5111.54,

175

5111.55, 5111.56, 5111.57, 5111.58, 5111.59,

176

5111.60, 5111.61, 5111.62, 5111.63, 5111.66,

177

5111.661, 5111.67, 5111.671, 5111.672, 5111.673,

178

5111.674, 5111.675, 5111.676, 5111.677, 5111.68,

179

5111.681, 5111.682, 5111.683, 5111.684, 5111.685,

180

5111.686, 5111.687, 5111.688, 5111.689, 5111.71,

181

5111.711, 5111.712, 5111.713, 5111.714, 5111.715,

182

5111.83, 5111.84, 5111.85, 5111.851, 5111.852,

183

5111.853, 5111.854, 5111.855, 5111.856, 5111.86,

184

5111.861, 5111.862, 5111.863, 5111.864, 5111.865,

185

5111.87, 5111.871, 5111.872, 5111.873, 5111.874,

186

5111.875, 5111.876, 5111.877, 5111.878, 5111.879,

187

5111.88, 5111.881, 5111.882, 5111.885, 5111.886,

188

5111.887, 5111.888, 5111.889, 5111.8810, 5111.89,

189

5111.891, 5111.892, 5111.894, 5111.90, 5111.91,

190

5111.911, 5111.912, 5111.914, 5111.915, 5111.92,

191

5111.93, 5111.94, 5111.941, 5111.943, 5111.944,

192

5111.945, 5111.96, 5111.97, 5111.98, 5111.981,

193

5111.982, 5111.99, 5112.01, 5112.03, 5112.04,

194

5112.05, 5112.06, 5112.07, 5112.08, 5112.09,

195

5112.10, 5112.11, 5112.17, 5112.18, 5112.19,

196

5112.21, 5112.30, 5112.31, 5112.32, 5112.33,

197

5112.331, 5112.34, 5112.341, 5112.35, 5112.37,

198

5112.371, 5112.38, 5112.39, 5112.40, 5112.41,

199

5112.42, 5112.43, 5112.44, 5112.45, 5112.46,

200

5112.47, 5112.48, 5112.99, 5112.991, 5119.01,

201

5119.012, 5119.02, 5119.04, 5119.06, 5119.061,

202

5119.07, 5119.071, 5119.072, 5119.08, 5119.10,

203

5119.101, 5119.11, 5119.12, 5119.14, 5119.16,

204

5119.161, 5119.17, 5119.18, 5119.20, 5119.201,

205

5119.202, 5119.21, 5119.22, 5119.221, 5119.23,

206

5119.24, 5119.27, 5119.30, 5119.33, 5119.34,

207

5119.35, 5119.351, 5119.36, 5119.42, 5119.43,

208

5119.44, 5119.46, 5119.51, 5119.57, 5119.60,

209

5119.61, 5119.611, 5119.612, 5119.613, 5119.62,

210

5119.621, 5119.622, 5119.63, 5119.631, 5119.69,

211

5119.691, 5119.99, 5120.07, 5120.09, 5120.135,

212

5120.17, 5120.171, 5120.652, 5120.654, 5121.051,

213

5121.30, 5121.32, 5121.33, 5121.34, 5121.35,

214

5121.36, 5121.37, 5121.38, 5121.40, 5121.42,

215

5121.43, 5121.44, 5121.45, 5121.46, 5121.47,

216

5121.49, 5121.50, 5121.51, 5121.52, 5121.55,

217

5122.01, 5122.03, 5122.10, 5122.11, 5122.12,

218

5122.13, 5122.15, 5122.17, 5122.18, 5122.19,

219

5122.20, 5122.21, 5122.23, 5122.25, 5122.26,

220

5122.27, 5122.271, 5122.31, 5122.311, 5122.32,

221

5122.33, 5122.34, 5122.341, 5122.39, 5122.43,

222

5122.44, 5122.45, 5122.46, 5122.47, 5123.01,

223

5123.021, 5123.022, 5123.03, 5123.0412, 5123.0417,

224

5123.09, 5123.171, 5123.19, 5123.192, 5123.197,

225

5123.198, 5123.38, 5123.61, 5123.86, 5126.01,

226

5126.05, 5126.051, 5126.054, 5126.055, 5126.24,

227

5139.03, 5139.04, 5139.08, 5139.34, 5145.162,

228

5145.18, 5153.16, 5302.221, 5309.082, 5505.12,

229

5507.46, 5511.03, 5701.13, 5703.02, 5703.052,

230

5703.059, 5703.21, 5703.37, 5703.82, 5705.221,

231

5705.27, 5705.32, 5705.37, 5705.412, 5713.01,

232

5713.05, 5713.051, 5715.24, 5715.33, 5717.01,

233

5717.011, 5717.02, 5717.04, 5726.20, 5727.01,

234

5727.26, 5727.84, 5727.89, 5728.10, 5731.39,

235

5733.01, 5733.04, 5733.06, 5733.11, 5733.98,

236

5735.12, 5735.34, 5739.01, 5739.011, 5739.02,

237

5739.021, 5739.023, 5739.026, 5739.027, 5739.029,

238

5739.03, 5739.033, 5739.051, 5739.071, 5739.13,

239

5739.21, 5739.211, 5741.01, 5741.02, 5741.021,

240

5741.022, 5741.023, 5741.05, 5743.05, 5743.081,

241

5743.15, 5743.56, 5745.12, 5747.01, 5747.02,

242

5747.022, 5747.025, 5747.05, 5747.08, 5747.10,

243

5747.11, 5747.113, 5747.122, 5747.13, 5747.21,

244

5747.22, 5747.47, 5747.501, 5747.98, 5748.01,

245

5749.01, 5749.02, 5749.03, 5749.06, 5749.07,

246

5749.08, 5749.10, 5749.12, 5749.13, 5749.14,

247

5749.15, 5749.17, 5751.014, 5751.07, 5751.081,

248

5751.09, 5751.20, 5751.21, 5753.01, 5753.03,

249

5753.07, 5815.28, 5905.02, 5910.02, 5910.07,

250

5919.34, 5924.502, 5924.503, 5924.504, 5924.506,

251

6109.21, and 6111.037; to amend, for the purpose

252

of adopting new section numbers as indicated in

253

parentheses, sections 173.394 (173.38), 173.40

254

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

255

173.403 (173.53), 173.404 (173.55), 3304.14

256

(3304.15), 3304.15 (3304.16), 3304.16 (3304.14),

257

3313.847 (3317.30), 3333.90 (3333.59), 3353.01

258

(3333.89), 3353.05 (3333.91), 3353.06 (3333.92),

259

3353.07 (3333.93), 3353.11 (3333.94), 3383.01

260

(123.28), 3383.07 (123.281), 3721.50 (5168.40),

261

3721.51 (5168.42), 3721.511 (5168.43), 3721.512

262

(5168.44), 3721.513 (5168.45), 3721.52 (5168.46),

263

3721.53 (5168.47), 3721.531 (5168.48), 3721.532

264

(5168.49), 3721.533 (5168.50), 3721.54 (5168.51),

265

3721.541 (5168.52), 3721.55 (5168.53), 3721.56

266

(5168.54), 3721.57 (5168.55), 3721.58 (5168.56),

267

3737.883 (3737.884), 3793.01 (5119.01), 3793.031

268

(5119.201), 3793.032 (5119.47), 3793.051

269

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

270

3793.12 (5119.61), 3793.13 (5119.27), 3793.15

271

(5119.17), 3793.16 (5119.188), 3793.18 (5119.30),

272

3793.22 (5119.49), 3793.31 (5119.90), 3793.32

273

(5119.91), 3793.33 (5119.92), 3793.34 (5119.93),

274

3793.35 (5119.94), 3793.36 (5119.95), 3793.37

275

(5119.96), 3793.38 (5119.97), 3793.39 (5119.98),

276

5101.271 (5160.45), 5101.31 (5164.756), 5101.50

277

(5161.05), 5101.501 (5161.06), 5101.502 (5161.02),

278

5101.51 (5161.10), 5101.511 (5161.11), 5101.5110

279

(5161.35), 5101.512 (5161.12), 5101.513 (5161.30),

280

5101.516 (5161.22), 5101.517 (5161.24), 5101.519

281

(5161.27), 5101.52 (5161.15), 5101.521 (5161.16),

282

5101.522 (5161.17), 5101.524 (5161.20), 5101.527

283

(5161.25), 5101.571 (5160.35), 5101.572 (5160.39),

284

5101.573 (5160.40), 5101.574 (5160.41), 5101.575

285

(5160.42), 5101.58 (5160.37), 5101.59 (5160.38),

286

5101.591 (5160.43), 5111.01 (5162.03), 5111.011

287

(5163.02), 5111.013 (5163.40), 5111.016 (5164.26),

288

5111.018 (5164.07), 5111.0112 (5162.20), 5111.0114

289

(5164.754), 5111.0116 (5163.30), 5111.0117

290

(5163.31), 5111.0118 (5163.32), 5111.0119

291

(5163.45), 5111.02 (5164.02), 5111.021 (5164.70),

292

5111.022 (5164.56), 5111.023 (5164.15), 5111.024

293

(5164.08), 5111.025 (5164.76), 5111.027 (5164.20),

294

5111.028 (5164.32), 5111.029 (5164.06), 5111.0210

295

(5164.92), 5111.0211 (5165.48), 5111.0212

296

(5164.80), 5111.0213 (5164.77), 5111.0214

297

(5164.82), 5111.0215 (5164.93), 5111.03 (5164.35),

298

5111.031 (5164.37), 5111.032 (5164.34), 5111.033

299

(5164.342), 5111.034 (5164.341), 5111.035

300

(5164.36), 5111.04 (5164.05), 5111.042 (5164.25),

301

5111.05 (5164.45), 5111.051 (5164.48), 5111.052

302

(5164.46), 5111.053 (5164.301), 5111.054

303

(5164.47), 5111.06 (5164.38), 5111.061 (5164.57),

304

5111.062 (5164.39), 5111.063 (5164.31), 5111.07

305

(5164.752), 5111.071 (5164.753), 5111.08

306

(5164.759), 5111.081 (5164.755), 5111.082

307

(5164.751), 5111.083 (5164.757), 5111.084

308

(5164.7510), 5111.085 (5164.758), 5111.086

309

(5164.75), 5111.09 (5162.13), 5111.091 (5162.131),

310

5111.092 (5162.132), 5111.10 (5162.10), 5111.101

311

(5162.15), 5111.102 (5162.04), 5111.11 (5162.21),

312

5111.111 (5162.211), 5111.112 (5162.212), 5111.113

313

(5162.22), 5111.114 (5163.33), 5111.12 (5162.23),

314

5111.121 (5162.24), 5111.13 (5164.85), 5111.14

315

(5164.88), 5111.141 (5164.89), 5111.15 (5163.20),

316

5111.151 (5163.21), 5111.16 (5167.03), 5111.161

317

(5167.031), 5111.162 (5167.20), 5111.163

318

(5167.201), 5111.17 (5167.10), 5111.1710

319

(5167.14), 5111.171 (5167.31), 5111.1711

320

(5167.30), 5111.172 (5167.12), 5111.173 (5167.40),

321

5111.174 (5167.41), 5111.175 (5167.26), 5111.177

322

(5167.11), 5111.178 (5167.25), 5111.179 (5167.13),

323

5111.18 (5164.86), 5111.181 (5163.22), 5111.19

324

(5164.74), 5111.191 (5164.741), 5111.20 (5165.01),

325

5111.201 (5165.011), 5111.202 (5165.03), 5111.203

326

(5165.031), 5111.204 (5165.04), 5111.21 (5165.06),

327

5111.212 (5165.35), 5111.22 (5165.07), 5111.221

328

(5165.37), 5111.222 (5165.15), 5111.223

329

(5165.071), 5111.224 (5124.15), 5111.225

330

(5165.155), 5111.226 (5124.02), 5111.23 (5124.19),

331

5111.231 (5165.19), 5111.232 (5165.192), 5111.233

332

(5124.194), 5111.235 (5124.23), 5111.24 (5165.16),

333

5111.241 (5124.21), 5111.242 (5165.21), 5111.244

334

(5165.25), 5111.245 (5165.26), 5111.246 (5165.23),

335

5111.25 (5165.17), 5111.251 (5124.17), 5111.254

336

(5165.151), 5111.255 (5124.151), 5111.257

337

(5165.28), 5111.258 (5165.153), 5111.259

338

(5165.156), 5111.26 (5165.10), 5111.261

339

(5165.107), 5111.262 (5165.47), 5111.263

340

(5124.29), 5111.264 (5165.30), 5111.265 (5165.29),

341

5111.266 (5165.101), 5111.27 (5165.108), 5111.271

342

(5165.1010), 5111.28 (5165.40), 5111.29 (5165.38),

343

5111.291 (5124.155), 5111.30 (5165.073), 5111.31

344

(5165.08), 5111.32 (5165.081), 5111.33 (5124.34),

345

5111.331 (5165.34), 5111.35 (5165.60), 5111.36

346

(5165.61), 5111.37 (5165.62), 5111.38 (5165.63),

347

5111.39 (5165.64), 5111.40 (5165.65), 5111.41

348

(5165.66), 5111.411 (5165.67), 5111.42 (5165.68),

349

5111.43 (5165.69), 5111.44 (5165.70), 5111.45

350

(5165.71), 5111.46 (5165.72), 5111.47 (5165.73),

351

5111.48 (5165.74), 5111.49 (5165.75), 5111.50

352

(5165.76), 5111.51 (5165.77), 5111.511 (5165.78),

353

5111.52 (5165.79), 5111.53 (5165.80), 5111.54

354

(5165.81), 5111.55 (5165.82), 5111.56 (5165.83),

355

5111.57 (5165.84), 5111.58 (5165.85), 5111.59

356

(5165.86), 5111.60 (5165.87), 5111.61 (5165.88),

357

5111.62 (5162.66), 5111.63 (5165.89), 5111.66

358

(5165.50), 5111.661 (5165.501), 5111.67 (5165.51),

359

5111.671 (5165.511), 5111.672 (5165.512), 5111.673

360

(5165.513), 5111.674 (5165.514), 5111.675

361

(5165.515), 5111.676 (5165.516), 5111.677

362

(5165.517), 5111.68 (5165.52), 5111.681

363

(5165.521), 5111.682 (5165.522), 5111.683

364

(5165.523), 5111.684 (5165.524), 5111.685

365

(5165.525), 5111.686 (5165.526), 5111.687

366

(5165.527), 5111.688 (5165.528), 5111.689

367

(5165.53), 5111.71 (5162.36), 5111.711 (5162.361),

368

5111.712 (5162.362), 5111.713 (5162.363), 5111.714

369

(5162.64), 5111.715 (5162.364), 5111.83 (5162.30),

370

5111.84 (5166.03), 5111.85 (5166.02), 5111.851

371

(5166.04), 5111.852 (5166.05), 5111.853 (5166.06),

372

5111.854 (5166.07), 5111.855 (5166.08), 5111.856

373

(5166.10), 5111.86 (5166.11), 5111.861 (5166.12),

374

5111.862 (5166.121), 5111.863 (5166.13), 5111.864

375

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

376

5111.871 (5166.21), 5111.872 (5166.22), 5111.873

377

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

378

5111.876 (5124.62), 5111.877 (5124.63), 5111.878

379

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

380

5111.881 (5166.301), 5111.882 (5166.302), 5111.883

381

(5166.303), 5111.884 (5166.304), 5111.885

382

(5166.305), 5111.886 (5166.306), 5111.887

383

(5166.307), 5111.888 (5166.308), 5111.889

384

(5166.309), 5111.8810 (5166.3010), 5111.89

385

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

386

5111.893 (173.547), 5111.894 (173.542), 5111.90

387

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

388

5111.912 (5162.371), 5111.914 (5164.58), 5111.915

389

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

390

5111.94 (5162.54), 5111.941 (5162.52), 5111.943

391

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

392

5111.96 (5164.90), 5111.97 (5166.35), 5111.98

393

(5162.031), 5111.981 (5164.91), 5111.982

394

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

395

5112.03 (5168.02), 5112.04 (5168.05), 5112.05

396

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

397

5112.08 (5168.09), 5112.09 (5168.08), 5112.10

398

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

399

5112.18 (5168.11), 5112.19 (5168.12), 5112.21

400

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

401

5112.32 (5168.62), 5112.33 (5168.63), 5112.331

402

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

403

5112.35 (5168.67), 5112.37 (5168.68), 5112.371

404

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

405

5112.40 (5168.20), 5112.41 (5168.21), 5112.42

406

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

407

5112.45 (5168.25), 5112.46 (5168.26), 5112.47

408

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

409

5112.991 (5168.991), 5119.01 (5119.10), 5119.012

410

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

411

5119.061 (5119.40), 5119.07 (5119.11), 5119.071

412

(5119.18), 5119.072 (5119.181), 5119.08

413

(5119.182), 5119.10 (5119.184), 5119.101

414

(5191.185), 5119.11 (5119.186), 5119.12

415

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

416

5119.161 (5119.45), 5119.17 (5119.51), 5119.18

417

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

418

5119.202 (5119.332), 5119.21 (5119.333), 5119.22

419

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

420

5119.24 (5119.15), 5119.27 (5119.05), 5119.30

421

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

422

5119.35 (5119.56), 5119.351 (5119.55), 5119.36

423

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

424

5119.44 (5119.051), 5119.46 (5119.60), 5119.50

425

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

426

5119.53 (5119.73), 5119.57 (5119.29), 5119.60

427

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

428

5119.612 (5119.37), 5119.613 (5119.361), 5119.62

429

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

430

5119.63 (5119.42), 5119.631 (5119.421), 5119.69

431

(5119.41), and 5119.691 (5119.411); to enact new

432

sections 3313.481, 3317.014, 3317.02, 3317.022,

433

3317.0217, 3317.16, 3326.34, 3326.39, 3333.90,

434

3345.81, 3365.01, 3365.07, and 3737.883, and

435

sections 122.681, 123.19, 125.27, 173.51, 173.522,

436

173.523, 173.543, 173.545, 173.546, 173.56,

437

173.60, 191.061, 321.49, 340.08, 903.30, 991.041,

438

1327.502, 1509.074, 2329.192, 3301.41, 3302.26,

439

3310.032, 3311.051, 3314.042, 3314.082, 3314.085,

440

3314.092, 3317.016, 3317.0213, 3317.0214,

441

3317.0215, 3317.161, 3317.162, 3317.163, 3317.40,

442

3317.52, 3319.031, 3326.112, 3328.27, 3333.124,

443

3333.342, 3333.613, 3345.42, 3350.15, 3701.5010,

444

3701.94, 3701.941, 3701.942, 3701.943, 3701.944,

445

3701.95, 3709.43, 3714.074, 3721.072, 3734.125,

446

4751.042, 4751.14, 5119.28, 5119.341, 5123.023,

447

5124.01, 5124.03, 5124.05, 5124.06, 5124.07,

448

5124.071, 5124.072, 5124.08, 5124.081, 5124.10,

449

5124.101, 5124.102, 5124.103, 5124.104, 5124.105,

450

5124.106, 5124.107, 5124.108, 5124.109, 5124.152,

451

5124.153, 5124.154, 5124.191, 5124.192, 5124.193,

452

5124.25, 5124.28, 5124.30, 5124.31, 5124.32,

453

5124.33, 5124.35, 5124.37, 5124.38, 5124.40,

454

5124.41, 5124.42, 5124.43, 5124.44, 5124.45,

455

5124.46, 5124.50, 5124.51, 5124.511, 5124.512,

456

5124.513, 5124.514, 5124.515, 5124.516, 5124.517,

457

5124.52, 5124.521, 5124.522, 5124.523, 5124.524,

458

5124.525, 5124.526, 5124.527, 5124.528, 5124.53,

459

5124.99, 5126.131, 5160.01, 5160.011, 5160.02,

460

5160.021, 5160.03, 5160.04, 5160.05, 5160.051,

461

5160.052, 5160.06, 5160.10, 5160.11, 5160.12,

462

5160.13, 5160.16, 5160.20, 5160.21, 5160.22,

463

5160.23, 5160.30, 5160.371, 5160.31, 5160.36,

464

5160.371, 5160.46, 5160.47, 5160.48, 5160.481,

465

5160.50, 5160.52, 5160.99, 5161.01, 5162.01,

466

5162.02, 5162.021, 5162.022, 5162.05, 5162.06,

467

5162.07, 5162.12, 5162.201, 5162.31, 5162.60,

468

5162.62, 5163.01, 5163.03, 5163.04, 5163.041,

469

5163.05, 5163.06, 5163.061, 5164.01, 5164.03,

470

5164.30, 5164.33, 5164.55, 5164.59, 5164.60,

471

5164.61, 5164.71, 5164.72, 5164.73, 5164.83,

472

5165.02, 5165.072, 5165.082, 5165.102, 5165.103,

473

5165.104, 5165.105, 5165.106, 5165.109, 5165.152,

474

5165.154, 5165.191, 5165.193, 5165.32, 5165.33,

475

5165.41, 5165.42, 5165.43, 5165.44, 5165.45,

476

5165.46, 5165.49, 5165.771, 5166.01, 5166.16,

477

5167.01, 5167.02, 5167.032, 5168.41, 5703.021,

478

5703.75, 5703.76, 5703.90, 5703.91, 5703.92,

479

5703.93, 5705.52, 5739.0211, 5749.031, 5910.08,

480

5919.342, and 6111.32; and to repeal sections

481

122.15, 122.151, 122.152, 122.153, 122.154,

482

122.29, 123.23, 125.837, 125.838, 173.425,

483

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

484

340.14, 1509.50, 1513.371, 1531.34, 1547.721,

485

1547.722, 1547.723, 1547.724, 1547.725, 1547.726,

486

3304.26, 3304.38, 3311.054, 3311.056, 3311.057,

487

3313.481, 3313.482, 3313.4811, 3314.088, 3314.13,

488

3317.012, 3317.014, 3317.018, 3317.02, 3317.022,

489

3317.029, 3317.0217, 3317.051, 3317.052, 3317.053,

490

3317.11, 3317.13, 3317.16, 3317.62, 3317.63,

491

3317.64, 3318.023, 3323.16, 3326.34, 3326.39,

492

3345.81, 3353.02, 3353.03, 3353.04, 3353.09,

493

3353.15, 3353.20, 3365.01, 3365.021, 3365.07,

494

3365.09, 3365.10, 3365.11, 3365.12, 3365.15,

495

3383.02, 3383.03, 3383.04, 3383.05, 3383.06,

496

3383.08, 3383.09, 3513.255, 3701.072, 3701.263,

497

3701.343, 3701.90, 3701.901, 3701.902, 3701.903,

498

3701.904, 3701.905, 3701.906, 3701.907, 3793.02,

499

3793.03, 3793.04, 3793.041, 3793.05, 3793.06,

500

3793.061, 3793.08, 3793.09, 3793.19, 3793.20,

501

3793.21, 3793.99, 5101.503, 5101.514, 5101.515,

502

5101.518, 5101.523, 5101.525, 5101.526, 5101.528,

503

5101.529, 5111.012, 5111.014, 5111.015, 5111.0110,

504

5111.0111, 5111.0113, 5111.0115, 5111.0120,

505

5111.0121, 5111.0122, 5111.0123, 5111.0124,

506

5111.0125, 5111.176, 5111.211, 5111.236, 5111.65,

507

5111.70, 5111.701, 5111.702, 5111.703, 5111.704,

508

5111.705, 5111.706, 5111.707, 5111.708, 5111.709,

509

5111.7011, 5111.8710, 5111.8811, 5111.913,

510

5111.942, 5111.946, 5119.011, 5119.013, 5119.03,

511

5119.05, 5119.623, 5119.64, 5119.65, 5119.66,

512

5119.67, 5119.68, 5707.05, 5727.41, 5733.35,

513

5747.211, 5747.33, 6101.451, and 6111.029 of the

514

Revised Code; to amend Sections 201.80 and 509.40

515

of Sub. H.B. 482 of the 129th General Assembly; to

516

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

517

General Assembly, as subsequently amended; to

518

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

519

128th General Assembly; to repeal Section 125.10

520

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

521

as subsequently amended; to repeal Section 153 of

522

Am. Sub. H.B. 117 of the 121st General Assembly as

523

subsequently amended; to amend the versions of

524

sections 109.57, 2151.011, 2923.126, 5104.012,

525

5104.013, 5104.03, 5104.08, and 5104.32 of the

526

Revised Code that are scheduled to take effect

527

January 1, 2014, to continue the provisions of

528

this act on and after that effective date; to

529

amend section 3313.88 of the Revised Code as it

530

results from Section 101.01 of this act for the

531

purpose of adopting new section number 3313.482 on

532

July 1, 2014; to make operating appropriations for

533

the biennium beginning July 1, 2013, and ending

534

June 30, 2015; to provide authorization and

535

conditions for the operation of state programs; to

536

repeal sections 5168.20, 5168.21, 5168.22,

537

5168.23, 5168.24, 5168.25, 5168.26, 5168.27, and

538

5168.28 of the Revised Code on October 1, 2015, to

539

terminate the operation of those sections on that

540

date; and to repeal sections 5168.01, 5168.02,

541

5168.03, 5168.04, 5168.05, 5168.06, 5168.07,

542

5168.08, 5168.09, 5168.10, 5168.11, 5168.12,

543

5168.13, 5168.99, and 5168.991 of the Revised Code

544

on October 16, 2015, to terminate the operation of

545

those sections on that date.

546

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

Section 101.01. That sections 9.03, 9.231, 9.239, 9.24,	547
9.823, 9.833, 9.90, 9.901, 101.39, 101.391, 103.144, 105.41,	548
107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746,	549
109.77, 109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02,	550
113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03,	551
121.11, 121.22, 121.35, 121.37, 121.372, 122.075, 122.17, 122.175,	552
122.28, 122.30, 122.31, 122.32, 122.33, 122.34, 122.35, 122.36,	553
122.58, 122.66, 122.67, 122.68, 122.69, 122.70, 122.701, 122.76,	554
123.01, 123.10, 123.11, 123.201, 123.21, 123.27, 124.11, 124.14,	555
124.141, 124.15, 124.18, 124.30, 124.341, 124.381, 125.05, 125.21,	556
125.212, 125.28, 125.602, 125.603, 125.832, 125.836, 126.07,	557
126.14, 126.32, 126.35, 126.45, 126.46, 126.47, 126.48, 127.14,	558
127.16, 133.06, 140.01, 140.03, 140.05, 145.01, 145.012, 145.22,	559
149.43, 151.11, 152.09, 153.692, 154.01, 154.17, 154.20, 154.22,	560
154.23, 154.25, 156.02, 156.03, 156.04, 156.05, 166.03, 166.04,	561
169.01, 169.02, 169.03, 169.05, 169.06, 169.07, 169.08, 169.13,	562
169.14, 169.16, 173.03, 173.14, 173.20, 173.21, 173.26, 173.27,	563
173.39, 173.391, 173.392, 173.394, 173.40, 173.401, 173.402,	564
173.403, 173.404, 173.42, 173.43, 173.431, 173.432, 173.434,	565
173.45, 173.47, 173.50, 173.501, 191.01, 191.02, 191.04, 191.06,	566
307.674, 307.86, 317.08, 317.36, 321.44, 329.04, 329.051, 329.06,	567
329.14, 333.01, 339.02, 339.05, 339.06, 339.07, 340.01, 340.011,	568
340.02, 340.021, 340.03, 340.031, 340.032, 340.04, 340.05, 340.07,	569
340.09, 340.091, 340.10, 340.11, 340.12, 340.13, 340.15, 340.16,	570
341.192, 351.12, 737.41, 742.14, 901.21, 901.22, 901.23, 903.99,	571
909.15, 927.54, 955.201, 991.03, 991.04, 991.06, 1327.46, 1327.50,	572
1327.501, 1327.61, 1327.99, 1337.11, 1347.08, 1501.011, 1501.45,	573
1509.01, 1509.02, 1509.06, 1509.062, 1509.10, 1509.11, 1509.22,	574
1509.226, 1509.31, 1509.34, 1531.06, 1531.99, 1541.03, 1545.071,	575
1547.01, 1547.542, 1547.99, 1551.33, 1551.35, 1555.15, 1701.86,	576
1701.922, 1703.29, 1739.061, 1751.01, 1751.11, 1751.12, 1751.31,	577
1923.14, 2101.24, 2113.041, 2113.06, 2117.061, 2117.25, 2133.01,	578
2133.25, 2151.011, 2151.3514, 2151.362, 2151.83, 2152.54, 2152.59,	579
2307.65, 2317.02, 2317.422, 2505.02, 2743.02, 2744.05, 2901.30,	580
2903.33, 2913.40, 2919.271, 2921.01, 2921.22, 2921.36, 2921.38,	581
2923.126, 2925.03, 2929.13, 2929.15, 2930.01, 2935.03, 2935.33,	582
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2951.041,	583
2967.22, 2981.12, 3101.051, 3107.083, 3109.15, 3111.72, 3119.29,	584
3121.441, 3121.89, 3121.891, 3121.892, 3121.893, 3121.898,	585
3123.958, 3125.36, 3301.07, 3301.0714, 3301.0715, 3301.0723,	586
3301.15, 3302.042, 3302.22, 3303.41, 3304.11, 3304.12, 3304.13,	587
3304.14, 3304.15, 3304.16, 3304.17, 3304.18, 3304.181, 3304.182,	588
3304.19, 3304.20, 3304.21, 3304.22, 3304.23, 3304.231, 3304.24,	589
3304.25, 3304.27, 3304.28, 3304.41, 3307.51, 3309.21, 3310.01,	590
3310.02, 3310.03, 3310.05, 3310.06, 3310.08, 3310.51, 3310.56,	591
3311.05, 3311.053, 3311.0510, 3311.19, 3311.22, 3311.231, 3311.38,	592
3311.78, 3312.08, 3313.01, 3313.11, 3313.35, 3313.372, 3313.376,	593
3313.42, 3313.48, 3313.483, 3313.484, 3313.488, 3313.4810,	594
3313.533, 3313.60, 3313.603, 3313.6013, 3313.6016, 3313.62,	595
3313.64, 3313.646, 3313.65, 3313.714, 3313.715, 3313.82, 3313.83,	596
3313.841, 3313.843, 3313.845, 3313.847, 3313.88, 3313.98,	597
3313.981, 3314.015, 3314.029, 3314.03, 3314.074, 3314.08,	598
3314.083, 3314.084, 3314.087, 3314.091, 3314.11, 3314.26, 3315.06,	599
3315.07, 3315.18, 3315.33, 3315.40, 3315.42, 3316.041, 3316.06,	600
3317.01, 3317.013, 3317.021, 3317.023, 3317.0212, 3317.03,	601
3317.032, 3317.05, 3317.06, 3317.08, 3317.10, 3317.12, 3317.14,	602
3317.141, 3317.15, 3317.18, 3317.19, 3317.20, 3317.201, 3317.50,	603
3317.51, 3318.011, 3318.031, 3318.08, 3318.31, 3318.363, 3319.073,	604
3319.17, 3319.22, 3319.235, 3319.57, 3321.01, 3321.04, 3321.05,	605
3321.13, 3321.14, 3321.15, 3323.021, 3323.03, 3323.04, 3323.07,	606
3323.08, 3323.09, 3323.091, 3323.13, 3323.14, 3323.141, 3323.142,	607
3324.07, 3326.11, 3326.31, 3326.32, 3326.33, 3326.36, 3326.38,	608
3326.45, 3327.02, 3327.10, 3328.24, 3328.34, 3333.041, 3333.35,	609
3333.43, 3333.82, 3333.86, 3345.06, 3345.12, 3345.45, 3353.01,	610
3353.06, 3365.02, 3365.03, 3365.04, 3365.041, 3365.05, 3365.06,	611
3365.08, 3383.01, 3383.07, 3501.01, 3513.04, 3513.041, 3513.052,	612
3513.10, 3513.251, 3513.253, 3513.254, 3513.256, 3513.257,	613
3513.261, 3599.45, 3701.023, 3701.024, 3701.027, 3701.13,	614
3701.132, 3701.243, 3701.261, 3701.262, 3701.264, 3701.342,	615
3701.344, 3701.507, 3701.74, 3701.741, 3701.742, 3701.78, 3701.83,	616
3701.881, 3701.921, 3701.922, 3701.99, 3702.521, 3702.55, 3702.62,	617
3702.74, 3702.91, 3706.01, 3709.01, 3709.03, 3709.05, 3709.051,	618
3709.10, 3709.15, 3709.29, 3712.07, 3713.06, 3714.07, 3718.06,	619
3719.61, 3721.01, 3721.011, 3721.02, 3721.022, 3721.024, 3721.026,	620
3721.042, 3721.071, 3721.08, 3721.10, 3721.12, 3721.13, 3721.14,	621
3721.15, 3721.16, 3721.17, 3721.19, 3721.50, 3721.51, 3721.511,	622
3721.512, 3721.513, 3721.52, 3721.53, 3721.531, 3721.532,	623
3721.533, 3721.54, 3721.541, 3721.55, 3721.56, 3721.57, 3721.58,	624
3727.01, 3734.01, 3734.02, 3734.20, 3734.28, 3734.57, 3734.901,	625
3734.907, 3735.58, 3737.02, 3737.83, 3737.841, 3737.88, 3742.31,	626
3742.32, 3745.11, 3745.113, 3748.01, 3748.04, 3769.08, 3769.087,	627
3769.088, 3770.01, 3770.02, 3770.06, 3772.03, 3772.062, 3772.091,	628
3781.112, 3793.01, 3793.031, 3793.032, 3793.051, 3793.10, 3793.11,	629
3793.12, 3793.13, 3793.15, 3793.16, 3793.18, 3793.22, 3793.31,	630
3793.32, 3793.33, 3793.34, 3793.35, 3793.36, 3793.37, 3793.38,	631
3793.39, 3795.01, 3798.01, 3901.3814, 3905.40, 3905.862, 3923.281,	632
3923.443, 3923.49, 3923.50, 3923.601, 3923.83, 3924.42, 3951.01,	633
3963.04, 4104.33, 4112.12, 4112.31, 4115.034, 4115.32, 4117.06,	634
4117.14, 4117.15, 4121.50, 4121.69, 4123.57, 4131.03, 4141.162,	635
4301.10, 4301.30, 4301.43, 4305.131, 4503.06, 4503.44, 4510.038,	636
4510.45, 4511.19, 4511.191, 4701.03, 4707.073, 4707.10, 4715.36,	637
4715.372, 4719.01, 4723.17, 4723.18, 4723.35, 4723.481, 4729.69,	638
4729.80, 4729.81, 4731.151, 4731.71, 4734.41, 4751.01, 4751.02,	639
4751.03, 4751.04, 4751.041, 4751.05, 4751.06, 4751.07, 4751.08,	640
4751.10, 4751.11, 4751.12, 4751.13, 4755.481, 4758.10, 4758.11,	641
4761.01, 4905.31, 5101.01, 5101.11, 5101.141, 5101.16, 5101.162,	642
5101.18, 5101.181, 5101.183, 5101.184, 5101.26, 5101.271,	643
5101.272, 5101.273, 5101.30, 5101.31, 5101.34, 5101.35, 5101.36,	644
5101.46, 5101.47, 5101.49, 5101.50, 5101.501, 5101.502, 5101.51,	645
5101.511, 5101.512, 5101.513, 5101.516, 5101.517, 5101.519,	646
5101.5110, 5101.52, 5101.521, 5101.522, 5101.524, 5101.527,	647
5101.571, 5101.572, 5101.573, 5101.574, 5101.575, 5101.58,	648
5101.59, 5101.591, 5101.60, 5101.61, 5103.02, 5103.0323, 5103.13,	649
5103.42, 5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08,	650
5104.11, 5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20,	651
5107.24, 5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013,	652
5111.016, 5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117,	653
5111.0118, 5111.0119, 5111.02, 5111.021, 5111.022, 5111.023,	654
5111.024, 5111.025, 5111.027, 5111.028, 5111.029, 5111.0210,	655
5111.0211, 5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.03,	656
5111.031, 5111.032, 5111.033, 5111.034, 5111.035, 5111.04,	657
5111.042, 5111.05, 5111.051, 5111.052, 5111.053, 5111.054,	658
5111.06, 5111.061, 5111.062, 5111.063, 5111.07, 5111.071, 5111.08,	659
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.086,	660
5111.09, 5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	661
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	662
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	663
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	664
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	665
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	666
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	667
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	668
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	669
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	670
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	671
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	672
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	673
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	674
5111.37, 5111.38, 5111.39, 5111.41, 5111.411, 5111.42, 5111.43,	675
5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49, 5111.50,	676
5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55, 5111.56,	677
5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62, 5111.63,	678
5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	679
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	680
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	681
5111.688, 5111.689, 5111.71, 5111.711, 5111.712, 5111.713,	682
5111.714, 5111.715, 5111.83, 5111.84, 5111.85, 5111.851, 5111.852,	683
5111.853, 5111.854, 5111.855, 5111.856, 5111.86, 5111.861,	684
5111.862, 5111.863, 5111.864, 5111.865, 5111.87, 5111.871,	685
5111.872, 5111.873, 5111.874, 5111.875, 5111.876, 5111.877,	686
5111.878, 5111.879, 5111.88, 5111.881, 5111.882, 5111.885,	687
5111.886, 5111.887, 5111.888, 5111.889, 5111.8810, 5111.89,	688
5111.891, 5111.892, 5111.894, 5111.90, 5111.91, 5111.911,	689
5111.912, 5111.914, 5111.915, 5111.92, 5111.93, 5111.94, 5111.941,	690
5111.943, 5111.944, 5111.945, 5111.96, 5111.97, 5111.98, 5111.981,	691
5111.982, 5111.99, 5112.01, 5112.03, 5112.04, 5112.05, 5112.06,	692
5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.17, 5112.18,	693
5112.19, 5112.21, 5112.30, 5112.31, 5112.32, 5112.33, 5112.331,	694
5112.34, 5112.341, 5112.35, 5112.37, 5112.371, 5112.38, 5112.39,	695
5112.40, 5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46,	696
5112.47, 5112.48, 5112.99, 5112.991, 5119.01, 5119.012, 5119.02,	697
5119.04, 5119.06, 5119.061, 5119.07, 5119.071, 5119.072, 5119.08,	698
5119.10, 5119.101, 5119.11, 5119.12, 5119.14, 5119.16, 5119.161,	699
5119.17, 5119.18, 5119.20, 5119.201, 5119.202, 5119.21, 5119.22,	700
5119.221, 5119.23, 5119.24, 5119.27, 5119.30, 5119.33, 5119.34,	701
5119.35, 5119.351, 5119.36, 5119.42, 5119.43, 5119.44, 5119.46,	702
5119.51, 5119.57, 5119.60, 5119.61, 5119.611, 5119.612, 5119.613,	703
5119.62, 5119.621, 5119.622, 5119.63, 5119.631, 5119.69, 5119.691,	704
5119.99, 5120.07, 5120.09, 5120.135, 5120.17, 5120.171, 5120.652,	705
5120.654, 5121.051, 5121.30, 5121.32, 5121.33, 5121.34, 5121.35,	706
5121.36, 5121.37, 5121.38, 5121.40, 5121.42, 5121.43, 5121.44,	707
5121.45, 5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52,	708
5121.55, 5122.01, 5122.03, 5122.10, 5122.11, 5122.12, 5122.13,	709
5122.15, 5122.17, 5122.18, 5122.19, 5122.20, 5122.21, 5122.23,	710
5122.25, 5122.26, 5122.27, 5122.271, 5122.31, 5122.311, 5122.32,	711
5122.33, 5122.34, 5122.341, 5122.39, 5122.43, 5122.44, 5122.45,	712
5122.46, 5122.47, 5123.01, 5123.021, 5123.022, 5123.03, 5123.0412,	713
5123.0417, 5123.09, 5123.171, 5123.19, 5123.192, 5123.197,	714
5123.198, 5123.38, 5123.61, 5123.86, 5126.01, 5126.05, 5126.051,	715
5126.054, 5126.055, 5126.24, 5139.03, 5139.04, 5139.08, 5139.34,	716
5145.162, 5145.18, 5153.16, 5302.221, 5309.082, 5505.12, 5507.46,	717
5511.03, 5701.13, 5703.02, 5703.052, 5703.059, 5703.21, 5703.37,	718
5703.82, 5705.221, 5705.27, 5705.32, 5705.37, 5705.412, 5713.01,	719
5713.05, 5713.051, 5715.24, 5715.33, 5717.01, 5717.011, 5717.02,	720
5717.04, 5726.20, 5727.01, 5727.26, 5727.84, 5727.89, 5728.10,	721
5731.39, 5733.01, 5733.04, 5733.06, 5733.11, 5733.98, 5735.12,	722
5735.34, 5739.01, 5739.011, 5739.02, 5739.021, 5739.023, 5739.026,	723
5739.027, 5739.029, 5739.03, 5739.033, 5739.051, 5739.071,	724
5739.13, 5739.21, 5739.211, 5741.01, 5741.02, 5741.021, 5741.022,	725
5741.023, 5741.05, 5743.05, 5743.081, 5743.15, 5743.56, 5745.12,	726
5747.01, 5747.02, 5747.022, 5747.025, 5747.05, 5747.08, 5747.10,	727
5747.11, 5747.113, 5747.122, 5747.13, 5747.21, 5747.22, 5747.47,	728
5747.501, 5747.98, 5748.01, 5749.01, 5749.02, 5749.03, 5749.06,	729
5749.07, 5749.08, 5749.10, 5749.12, 5749.13, 5749.14, 5749.15,	730
5749.17, 5751.014, 5751.07, 5751.081, 5751.09, 5751.20, 5751.21,	731
5753.01, 5753.03, 5753.07, 5815.28, 5905.02, 5910.02, 5910.07,	732
5919.34, 5924.502, 5924.503, 5924.504, 5924.506, 6109.21, and	733
6111.037 be amended; sections 173.394 (173.38), 173.40 (173.52),	734
173.401 (173.521), 173.402 (173.523), 173.403 (173.53), 173.404	735
(173.55), 3304.14 (3304.15), 3304.15 (3304.16), 3304.16 (3304.14),	736
3313.847 (3317.30), 3333.90 (3333.59), 3353.01 (3333.89), 3353.05	737
(3333.91), 3353.06 (3333.92), 3353.07 (3333.93), 3353.11	738
(3333.94), 3383.01 (123.28), 3383.07 (123.281), 3721.50 (5168.40),	739
3721.51 (5168.42), 3721.511 (5168.43), 3721.512 (5168.44),	740
3721.513 (5168.45), 3721.52 (5168.46), 3721.53 (5168.47), 3721.531	741
(5168.48), 3721.532 (5168.49), 3721.533 (5168.50), 3721.54	742
(5168.51), 3721.541 (5168.52), 3721.55 (5168.53), 3721.56	743
(5168.54), 3721.57 (5168.55), 3721.58 (5168.56), 3737.883	744
(3737.884), 3793.01 (5119.01), 3793.031 (5119.201), 3793.032	745
(5119.47), 3793.051 (5119.161), 3793.10 (5119.38), 3793.11	746
(5119.39), 3793.12 (5119.61), 3793.13 (5119.27), 3793.15	747
(5119.17), 3793.16 (5119.188), 3793.18 (5119.30), 3793.22	748
(5119.49), 3793.31 (5119.90), 3793.32 (5119.91), 3793.33	749
(5119.92), 3793.34 (5119.93), 3793.35 (5119.94), 3793.36	750
(5119.95), 3793.37 (5119.96), 3793.38 (5119.97), 3793.39	751
(5119.98), 5101.271 (5160.45), 5101.31 (5164.756), 5101.50	752
(5161.05), 5101.501 (5161.06), 5101.502 (5161.02), 5101.51	753
(5161.10), 5101.511 (5161.11), 5101.5110 (5161.35), 5101.512	754
(5161.12), 5101.513 (5161.30), 5101.516 (5161.22), 5101.517	755
(5161.24), 5101.519 (5161.27), 5101.52 (5161.15), 5101.521	756
(5161.16), 5101.522 (5161.17), 5101.524 (5161.20), 5101.527	757
(5161.25), 5101.571 (5160.35), 5101.572 (5160.39), 5101.573	758
(5160.40), 5101.574 (5160.41), 5101.575 (5160.42), 5101.58	759
(5160.37), 5101.59 (5160.38), 5101.591 (5160.43), 5111.01	760
(5162.03), 5111.011 (5163.02), 5111.013 (5163.40), 5111.016	761
(5164.26), 5111.018 (5164.07), 5111.0112 (5162.20), 5111.0114	762
(5164.754), 5111.0116 (5163.30), 5111.0117 (5163.31), 5111.0118	763
(5163.32), 5111.0119 (5163.45), 5111.02 (5164.02), 5111.021	764
(5164.70), 5111.022 (5164.56), 5111.023 (5164.15), 5111.024	765
(5164.08), 5111.025 (5164.76), 5111.027 (5164.20), 5111.028	766
(5164.32), 5111.029 (5164.06), 5111.0210 (5164.92), 5111.0211	767
(5165.48), 5111.0212 (5164.80), 5111.0213 (5164.77), 5111.0214	768
(5164.82), 5111.0215 (5164.93), 5111.03 (5164.35), 5111.031	769
(5164.37), 5111.032 (5164.34), 5111.033 (5164.342), 5111.034	770
(5164.341), 5111.035 (5164.36), 5111.04 (5164.05), 5111.042	771
(5164.25), 5111.05 (5164.45), 5111.051 (5164.48), 5111.052	772
(5164.46), 5111.053 (5164.301), 5111.054 (5164.47), 5111.06	773
(5164.38), 5111.061 (5164.57), 5111.062 (5164.39), 5111.063	774
(5164.31), 5111.07 (5164.752), 5111.071 (5164.753), 5111.08	775
(5164.759), 5111.081 (5164.755), 5111.082 (5164.751), 5111.083	776
(5164.757), 5111.084 (5164.7510), 5111.085 (5164.758), 5111.086	777
(5164.75), 5111.09 (5162.13), 5111.091 (5162.131), 5111.092	778
(5162.132), 5111.10 (5162.10), 5111.101 (5162.15), 5111.102	779
(5162.04), 5111.11 (5162.21), 5111.111 (5162.211), 5111.112	780
(5162.212), 5111.113 (5162.22), 5111.114 (5163.33), 5111.12	781
(5162.23), 5111.121 (5162.24), 5111.13 (5164.85), 5111.14	782
(5164.88), 5111.141 (5164.89), 5111.15 (5163.20), 5111.151	783
(5163.21), 5111.16 (5167.03), 5111.161 (5167.031), 5111.162	784
(5167.20), 5111.163 (5167.201), 5111.17 (5167.10), 5111.1710	785
(5167.14), 5111.171 (5167.31), 5111.1711 (5167.30), 5111.172	786
(5167.12), 5111.173 (5167.40), 5111.174 (5167.41), 5111.175	787
(5167.26), 5111.177 (5167.11), 5111.178 (5167.25), 5111.179	788
(5167.13), 5111.18 (5164.86), 5111.181 (5163.22), 5111.19	789
(5164.74), 5111.191 (5164.741), 5111.20 (5165.01), 5111.201	790
(5165.011), 5111.202 (5165.03), 5111.203 (5165.031), 5111.204	791
(5165.04), 5111.21 (5165.06), 5111.212 (5165.35), 5111.22	792
(5165.07), 5111.221 (5165.37), 5111.222 (5165.15), 5111.223	793
(5165.071), 5111.224 (5124.15), 5111.225 (5165.155), 5111.226	794
(5124.02), 5111.23 (5124.19), 5111.231 (5165.19), 5111.232	795
(5165.192), 5111.233 (5124.194), 5111.235 (5124.23), 5111.24	796
(5165.16), 5111.241 (5124.21), 5111.242 (5165.21), 5111.244	797
(5165.25), 5111.245 (5165.26), 5111.246 (5165.23), 5111.25	798
(5165.17), 5111.251 (5124.17), 5111.254 (5165.151), 5111.255	799
(5124.151), 5111.257 (5165.28), 5111.258 (5165.153), 5111.259	800
(5165.156), 5111.26 (5165.10), 5111.261 (5165.107), 5111.262	801
(5165.47), 5111.263 (5124.29), 5111.264 (5165.30), 5111.265	802
(5165.29), 5111.266 (5165.101), 5111.27 (5165.108), 5111.271	803
(5165.1010), 5111.28 (5165.40), 5111.29 (5165.38), 5111.291	804
(5124.155), 5111.30 (5165.073), 5111.31 (5165.08), 5111.32	805
(5165.081), 5111.33 (5124.34), 5111.331 (5165.34), 5111.35	806
(5165.60), 5111.36 (5165.61), 5111.37 (5165.62), 5111.38	807
(5165.63), 5111.39 (5165.64), 5111.40 (5165.65), 5111.41	808
(5165.66), 5111.411 (5165.67), 5111.42 (5165.68), 5111.43	809
(5165.69), 5111.44 (5165.70), 5111.45 (5165.71), 5111.46	810
(5165.72), 5111.47 (5165.73), 5111.48 (5165.74), 5111.49	811
(5165.75), 5111.50 (5165.76), 5111.51 (5165.77), 5111.511	812
(5165.78), 5111.52 (5165.79), 5111.53 (5165.80), 5111.54	813
(5165.81), 5111.55 (5165.82), 5111.56 (5165.83), 5111.57	814
(5165.84), 5111.58 (5165.85), 5111.59 (5165.86), 5111.60	815
(5165.87), 5111.61 (5165.88), 5111.62 (5162.66), 5111.63	816
(5165.89), 5111.66 (5165.50), 5111.661 (5165.501), 5111.67	817
(5165.51), 5111.671 (5165.511), 5111.672 (5165.512), 5111.673	818
(5165.513), 5111.674 (5165.514), 5111.675 (5165.515), 5111.676	819
(5165.516), 5111.677 (5165.517), 5111.68 (5165.52), 5111.681	820
(5165.521), 5111.682 (5165.522), 5111.683 (5165.523), 5111.684	821
(5165.524), 5111.685 (5165.525), 5111.686 (5165.526), 5111.687	822
(5165.527), 5111.688 (5165.528), 5111.689 (5165.53), 5111.71	823
(5162.36), 5111.711 (5162.361), 5111.712 (5162.362), 5111.713	824
(5162.363), 5111.714 (5162.64), 5111.715 (5162.364), 5111.83	825
(5162.30), 5111.84 (5166.03), 5111.85 (5166.02), 5111.851	826
(5166.04), 5111.852 (5166.05), 5111.853 (5166.06), 5111.854	827
(5166.07), 5111.855 (5166.08), 5111.856 (5166.10), 5111.86	828
(5166.11), 5111.861 (5166.12), 5111.862 (5166.121), 5111.863	829
(5166.13), 5111.864 (5166.14), 5111.865 (5166.141), 5111.87	830
(5166.20), 5111.871 (5166.21), 5111.872 (5166.22), 5111.873	831
(5166.23), 5111.874 (5124.60), 5111.875 (5124.61), 5111.876	832
(5124.62), 5111.877 (5124.63), 5111.878 (5124.64), 5111.879	833
(5124.65), 5111.88 (5166.30), 5111.881 (5166.301), 5111.882	834
(5166.302), 5111.883 (5166.303), 5111.884 (5166.304), 5111.885	835
(5166.305), 5111.886 (5166.306), 5111.887 (5166.307), 5111.888	836
(5166.308), 5111.889 (5166.309), 5111.8810 (5166.3010), 5111.89	837
(173.54), 5111.891 (173.541), 5111.892 (173.544), 5111.893	838
(173.547), 5111.894 (173.542), 5111.90 (5162.32), 5111.91	839
(5162.35), 5111.911 (5162.37), 5111.912 (5162.371), 5111.914	840
(5164.58), 5111.915 (5162.11), 5111.92 (5162.40), 5111.93	841
(5162.41), 5111.94 (5162.54), 5111.941 (5162.52), 5111.943	842
(5162.50), 5111.944 (5162.58), 5111.945 (5162.56), 5111.96	843
(5164.90), 5111.97 (5166.35), 5111.98 (5162.031), 5111.981	844
(5164.91), 5111.982 (5167.21), 5111.99 (5165.99), 5112.01	845
(5168.01), 5112.03 (5168.02), 5112.04 (5168.05), 5112.05	846
(5168.03), 5112.06 (5168.06), 5112.07 (5168.07), 5112.08	847
(5168.09), 5112.09 (5168.08), 5112.10 (5168.04), 5112.11	848
(5168.10), 5112.17 (5168.14), 5112.18 (5168.11), 5112.19	849
(5168.12), 5112.21 (5168.13), 5112.30 (5168.60), 5112.31	850
(5168.61), 5112.32 (5168.62), 5112.33 (5168.63), 5112.331	851
(5168.64), 5112.34 (5168.65), 5112.341 (5168.66), 5112.35	852
(5168.67), 5112.37 (5168.68), 5112.371 (5168.69), 5112.38	853
(5168.70), 5112.39 (5168.71), 5112.40 (5168.20), 5112.41	854
(5168.21), 5112.42 (5168.22), 5112.43 (5168.23), 5112.44	855
(5168.24), 5112.45 (5168.25), 5112.46 (5168.26), 5112.47	856
(5168.27), 5112.48 (5168.28), 5112.99 (5168.99), 5112.991	857
(5168.991), 5119.01 (5119.10), 5119.012 (5119.141), 5119.02	858
(5119.14), 5119.06 (5119.21), 5119.061 (5119.40), 5119.07	859
(5119.11), 5119.071 (5119.18), 5119.072 (5119.181), 5119.08	860
(5119.182), 5119.10 (5119.184), 5119.101 (5191.185), 5119.11	861
(5119.186), 5119.12 (5119.187), 5119.14 (5119.08), 5119.16	862
(5119.44), 5119.161 (5119.45), 5119.17 (5119.51), 5119.18	863
(5119.46), 5119.20 (5119.33), 5119.201 (5119.331), 5119.202	864
(5119.332), 5119.21 (5119.333), 5119.22 (5119.34), 5119.221	865
(5119.342), 5119.23 (5119.31), 5119.24 (5119.15), 5119.27	866
(5119.05), 5119.30 (5119.09), 5119.33 (5119.54), 5119.34	867
(5119.50), 5119.35 (5119.56), 5119.351 (5119.55), 5119.36	868
(5119.52), 5119.42 (5119.07), 5119.43 (5119.06), 5119.44	869
(5119.051), 5119.46 (5119.60), 5119.50 (5119.70), 5119.51	870
(5119.71), 5119.52 (5119.72), 5119.53 (5119.73), 5119.57	871
(5119.29), 5119.60 (5119.32), 5119.61 (5119.22), 5119.611	872
(5119.36), 5119.612 (5119.37), 5119.613 (5119.361), 5119.62	873
(5119.23), 5119.621 (5119.24), 5119.622 (5119.25), 5119.63	874
(5119.42), 5119.631 (5119.421), 5119.69 (5119.41), and 5119.691	875
(5119.411) be amended for the purpose of adopting new section	876
numbers as indicated in parentheses; that new sections 3313.481,	877
3317.014, 3317.02, 3317.022, 3317.0217, 3317.16, 3326.34, 3326.39,	878
3333.90, 3345.81, 3365.01, 3365.07, and 3737.883 and sections	879
122.681, 123.19, 125.27, 173.51, 173.522, 173.523, 173.543,	880
173.545, 173.546, 173.56, 173.60, 191.061, 321.49, 340.08, 903.30,	881
991.041, 1327.502, 1509.074, 2329.192, 3301.41, 3302.26, 3310.032,	882
3311.051, 3314.042, 3314.082, 3314.085, 3314.092, 3317.016,	883
3317.0213, 3317.0214, 3317.0215, 3317.161, 3317.162, 3317.163,	884
3317.40, 3317.52, 3319.031, 3326.112, 3328.27, 3333.124, 3333.342,	885
3333.613, 3345.42, 3350.15, 3701.5010, 3701.94, 3701.941,	886
3701.942, 3701.943, 3701.944, 3701.95, 3709.43, 3714.074,	887
3721.072, 3734.125, 4751.042, 4751.14, 5119.28, 5119.341,	888
5123.023, 5124.01, 5124.03, 5124.05, 5124.06, 5124.07, 5124.071,	889
5124.072, 5124.08, 5124.081, 5124.10, 5124.101, 5124.102,	890
5124.103, 5124.104, 5124.105, 5124.106, 5124.107, 5124.108,	891
5124.109, 5124.152, 5124.153, 5124.154, 5124.191, 5124.192,	892
5124.193, 5124.25, 5124.28, 5124.30, 5124.31, 5124.32, 5124.33,	893
5124.35, 5124.37, 5124.38, 5124.40, 5124.41, 5124.42, 5124.43,	894
5124.44, 5124.45, 5124.46, 5124.50, 5124.51, 5124.511, 5124.512,	895
5124.513, 5124.514, 5124.515, 5124.516, 5124.517, 5124.52,	896
5124.521, 5124.522, 5124.523, 5124.524, 5124.525, 5124.526,	897
5124.527, 5124.528, 5124.53, 5124.99, 5126.131, 5160.01, 5160.011,	898
5160.02, 5160.021, 5160.03, 5160.04, 5160.05, 5160.051, 5160.052,	899
5160.06, 5160.10, 5160.11, 5160.12, 5160.13, 5160.16, 5160.20,	900
5160.21, 5160.22, 5160.23, 5160.30, 5160.31, 5160.36, 5160.371,	901
5160.46, 5160.47, 5160.48, 5160.481, 5160.50, 5160.52, 5160.99,	902
5161.01, 5162.01, 5162.02, 5162.021, 5162.022, 5162.05, 5162.06,	903
5162.07, 5162.12, 5162.201, 5162.31, 5162.60, 5162.62, 5163.01,	904
5163.03, 5163.04, 5163.041, 5163.05, 5163.06, 5163.061, 5164.01,	905
5164.03, 5164.30, 5164.33, 5164.55, 5164.59, 5164.60, 5164.61,	906
5164.71, 5164.72, 5164.73, 5164.83, 5165.02, 5165.072, 5165.082,	907
5165.102, 5165.103, 5165.104, 5165.105, 5165.106, 5165.109,	908
5165.152, 5165.154, 5165.191, 5165.193, 5165.32, 5165.33, 5165.41,	909
5165.42, 5165.43, 5165.44, 5165.45, 5165.46, 5165.49, 5165.771,	910
5166.01, 5166.16, 5167.01, 5167.02, 5167.032, 5168.41, 5703.021,	911
5703.75, 5703.76, 5703.90, 5703.91, 5703.92, 5703.93, 5705.52,	912
5739.0211, 5749.031, 5910.08, 5919.342, and 6111.32 of the Revised	913
Code be enacted to read as follows:	914

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

915

(1) "Political subdivision" means any body corporate and	916
politic, except a municipal corporation that has adopted a charter	917
under Section 7 of Article XVIII, Ohio Constitution, and except a	918
county that has adopted a charter under Sections 3 and 4 of	919
Article X, Ohio Constitution, to which both of the following	920
apply:	921

(a) It is responsible for governmental activities only in a	922
geographic area smaller than the state.	923

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

924

(2) "Cigarettes" and "tobacco product" have the same meanings	925
as in section 5743.01 of the Revised Code.	926

(3) "Transaction" has the same meaning as in section 1315.51	927
of the Revised Code.	928

(4) "Campaign committee," "campaign fund," "candidate,"	929
"legislative campaign fund," "political action committee,"	930
"political committee," "political party," and "separate segregated	931
fund" have the same meanings as in section 3517.01 of the Revised	932
Code.	933

(B) Except as otherwise provided in division (C) of this	934
section, the governing body of a political subdivision may use	935
public funds to publish and distribute newsletters, or to use any	936
other means, to communicate information about the plans, policies,	937
and operations of the political subdivision to members of the	938
public within the political subdivision and to other persons who	939
may be affected by the political subdivision.	940

(C) Except as otherwise provided in division (A)(7) of	941
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	942
Revised Code, no governing body of a political subdivision shall	943
use public funds to do any of the following:	944

(1) Publish, distribute, or otherwise communicate information	945
that does any of the following:	946

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

947

(b) Promotes alcoholic beverages, cigarettes or other tobacco	948
products, or any illegal product, service, or activity;	949

(c) Promotes illegal discrimination on the basis of race,	950
color, religion, national origin, handicap, age, or ancestry;	951

(d) Supports or opposes any labor organization or any action	952
by, on behalf of, or against any labor organization;	953

(e) Supports or opposes the nomination or election of a	954
candidate for public office, the investigation, prosecution, or	955
recall of a public official, or the passage of a levy or bond	956
issue.	957

(2) Compensate any employee of the political subdivision for	958
time spent on any activity to influence the outcome of an election	959
for any of the purposes described in division (C)(1)(e) of this	960
section. Division (C)(2) of this section does not prohibit the use	961
of public funds to compensate an employee of a political	962
subdivision for attending a public meeting to present information	963
about the political subdivision's finances, activities, and	964
governmental actions in a manner that is not designed to influence	965
the outcome of an election or the passage of a levy or bond issue,	966
even though the election, levy, or bond issue is discussed or	967
debated at the meeting.	968

(D) Except as otherwise provided in division (A)(7) of	969
section 340.03 ~~or division (A)(12) of section 340.033~~ of the	970
Revised Code or in division (E) of this section, no person shall	971
knowingly conduct a direct or indirect transaction of public funds	972
to the benefit of any of the following:	973

(1) A campaign committee;

974

(2) A political action committee;

975

(3) A legislative campaign fund;

976

(4) A political party;

977

(5) A campaign fund;

978

(6) A political committee;

979

(7) A separate segregated fund;

980

(8) A candidate.

981

(E) Division (D) of this section does not prohibit the	982
utilization of any person's own time to speak in support of or in	983
opposition to any candidate, recall, referendum, levy, or bond	984
issue unless prohibited by any other section of the Revised Code.	985

(F) Nothing in this section prohibits or restricts any	986
political subdivision from sponsoring, participating in, or doing	987
any of the following:	988

(1) Charitable or public service advertising that is not	989
commercial in nature;	990

(2) Advertising of exhibitions, performances, programs,	991
products, or services that are provided by employees of a	992
political subdivision or are provided at or through premises owned	993
or operated by a political subdivision;	994

(3) Licensing an interest in a name or mark that is owned or	995
controlled by the political subdivision.	996

(G) Whoever violates division (D) of this section shall be	997
punished as provided in section 3599.40 of the Revised Code.	998

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	999
this section, a governmental entity shall not disburse money	1000
totaling twenty-five thousand dollars or more to any person for	1001
the provision of services for the primary benefit of individuals	1002
or the public and not for the primary benefit of a governmental	1003
entity or the employees of a governmental entity, unless the	1004
contracting authority of the governmental entity first enters into	1005
a written contract with the person that is signed by the person or	1006
by an officer or agent of the person authorized to legally bind	1007
the person and that embodies all of the requirements and	1008
conditions set forth in sections 9.23 to 9.236 of the Revised	1009
Code. If the disbursement of money occurs over the course of a	1010
governmental entity's fiscal year, rather than in a lump sum, the	1011
contracting authority of the governmental entity shall enter into	1012
the written contract with the person at the point during the	1013
governmental entity's fiscal year that at least seventy-five	1014
thousand dollars has been disbursed by the governmental entity to	1015
the person. Thereafter, the contracting authority of the	1016
governmental entity shall enter into the written contract with the	1017
person at the beginning of the governmental entity's fiscal year,	1018
if, during the immediately preceding fiscal year, the governmental	1019
entity disbursed to that person an aggregate amount totaling at	1020
least seventy-five thousand dollars.	1021

(2) If the money referred to in division (A)(1) of this	1022
section is disbursed by or through more than one state agency to	1023
the person for the provision of services to the same population,	1024
the contracting authorities of those agencies shall determine	1025
which one of them will enter into the written contract with the	1026
person.	1027

(3) The requirements and conditions set forth in divisions	1028
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1029
and (B) of section 9.234, divisions (A)(2) and (B) of section	1030
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1031
apply with respect to the following:	1032

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

1033

(i) The amount received for the services is a set fee for	1034
each time the services are provided, is determined in accordance	1035
with a fixed rate per unit of time or per service, or is a	1036
capitated rate, and the fee or rate is established by competitive	1037
bidding or by a market rate survey of similar services provided in	1038
a defined market area. The market rate survey may be one conducted	1039
by or on behalf of the governmental entity or an independent	1040
survey accepted by the governmental entity as statistically valid	1041
and reliable.	1042

(ii) The services are provided in accordance with standards	1043
established by state or federal law, or by rules or regulations	1044
adopted thereunder, for their delivery, which standards are	1045
enforced by the federal government, a governmental entity, or an	1046
accrediting organization recognized by the federal government or a	1047
governmental entity.	1048

(iii) Payment for the services is made after the services are	1049
delivered and upon submission to the governmental entity of an	1050
invoice or other claim for payment as required by any applicable	1051
local, state, or federal law or, if no such law applies, by the	1052
terms of the contract.	1053

(b) Contracts under which the services are reimbursed through	1054
or in a manner consistent with a federal program that meets all of	1055
the following requirements:	1056

(i) The program calculates the reimbursement rate on the	1057
basis of the previous year's experience or in accordance with an	1058
alternative method set forth in rules adopted by the Ohio	1059
department of job and family services.	1060

(ii) The reimbursement rate is derived from a breakdown of	1061
direct and indirect costs.	1062

(iii) The program's guidelines describe types of expenditures	1063
that are allowable and not allowable under the program and	1064
delineate which costs are acceptable as direct costs for purposes	1065
of calculating the reimbursement rate.	1066

(iv) The program includes a uniform cost reporting system	1067
with specific audit requirements.	1068

(c) Contracts under which the services are reimbursed through	1069
or in a manner consistent with a federal program that calculates	1070
the reimbursement rate on a fee for service basis in compliance	1071
with United States office of management and budget Circular A-87,	1072
as revised May 10, 2004.	1073

(d) Contracts for services that are paid pursuant to the	1074
earmarking of an appropriation made by the general assembly for	1075
that purpose.	1076

(B) Division (A) of this section does not apply if the money	1077
is disbursed to a person pursuant to a contract with the United	1078
States or a governmental entity under any of the following	1079
circumstances:	1080

(1) The person receives the money directly or indirectly from	1081
the United States, and no governmental entity exercises any	1082
oversight or control over the use of the money.	1083

(2) The person receives the money solely in return for the	1084
performance of one or more of the following types of services:	1085

(a) Medical, therapeutic, or other health-related services	1086
provided by a person if the amount received is a set fee for each	1087
time the person provides the services, is determined in accordance	1088
with a fixed rate per unit of time, or is a capitated rate, and	1089
the fee or rate is reasonable and customary in the person's trade	1090
or profession;	1091

(b) Medicaid-funded services, including administrative and	1092
management services, provided pursuant to a contract or medicaid	1093
provider agreement that meets the requirements of the medicaid	1094
program ~~established under Chapter 5111. of the Revised Code~~.	1095

(c) Services, other than administrative or management	1096
services or any of the services described in division (B)(2)(a) or	1097
(b) of this section, that are commonly purchased by the public at	1098
an hourly rate or at a set fee for each time the services are	1099
provided, unless the services are performed for the benefit of	1100
children, persons who are eligible for the services by reason of	1101
advanced age, medical condition, or financial need, or persons who	1102
are confined in a detention facility as defined in section 2921.01	1103
of the Revised Code, and the services are intended to help promote	1104
the health, safety, or welfare of those children or persons;	1105

(d) Educational services provided by a school to children	1106
eligible to attend that school. For purposes of division (B)(2)(d)	1107
of this section, "school" means any school operated by a school	1108
district board of education, any community school established	1109
under Chapter 3314. of the Revised Code, or any nonpublic school	1110
for which the state board of education prescribes minimum	1111
education standards under section 3301.07 of the Revised Code.	1112

(e) Services provided by a foster home as defined in section	1113
5103.02 of the Revised Code;	1114

(f) "Routine business services other than administrative or	1115
management services," as that term is defined by the attorney	1116
general by rule adopted in accordance with Chapter 119. of the	1117
Revised Code;	1118

(g) Services to protect the environment or promote	1119
environmental education that are provided by a nonprofit entity or	1120
services to protect the environment that are funded with federal	1121
grants or revolving loan funds and administered in accordance with	1122
federal law.	1123

(3) The person receives the money solely in return for the	1124
performance of services intended to help preserve public health or	1125
safety under circumstances requiring immediate action as a result	1126
of a natural or man-made emergency.	1127

(C) With respect to an unincorporated nonprofit association,	1128
corporation, or organization established for the purpose of	1129
providing educational, technical, consulting, training, financial,	1130
or other services to its members in exchange for membership dues	1131
and other fees, any of the services provided to a member that is a	1132
governmental entity shall, for purposes of this section, be	1133
considered services "for the primary benefit of a governmental	1134
entity or the employees of a governmental entity."	1135

Sec. 9.239. (A) There is hereby created the government	1136
contracting advisory council. The attorney general and auditor of	1137
state shall consult with the council on the performance of their	1138
rule-making functions under sections 9.237 and 9.238 of the	1139
Revised Code and shall consider any recommendations of the	1140
council. The medicaid director ~~of job and family services~~ shall	1141
annually report to the council the cost methodology of the	1142
medicaid-funded services described in division (A)(3)(d) of	1143
section 9.231 of the Revised Code. The council shall consist of	1144
the following members or their designees:	1145

(1) The attorney general;

1146

(2) The auditor of state;

1147

(3) The director of administrative services;

1148

(4) The director of aging;

1149

(5) ~~The director of alcohol and drug addiction services~~The	1150
medicaid director;	1151

(6) The director of budget and management;

1152

(7) The director of development services;

1153

(8) The director of job and family services;

1154

(9) The director of ~~mental health~~mental health and addiction	1155
services;	1156

(10) The director of developmental disabilities;

1157

(11) The director of rehabilitation and correction;

1158

(12) The administrator of workers' compensation;

1159

(13) The executive director of the county commissioners'	1160
association of Ohio;	1161

(14) The president of the Ohio grantmakers forum;

1162

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

1163

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

1164

(17) The president of the Ohio society of certified public	1165
accountants;	1166

(18) The executive director of the Ohio association of	1167
nonprofit organizations;	1168

(19) The president of the Ohio united way;

1169

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

1170

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

1171

(B) If an agency or organization represented on the council	1172
ceases to exist in the form it has on September 29, 2005, the	1173
successor agency or organization shall be represented in its	1174
place. If there is no successor agency or organization, or if it	1175
is not clear what agency or organization is the successor, the	1176
attorney general shall designate an agency or organization to be	1177
represented in place of the agency or organization originally	1178
represented on the council.	1179

(C) The two members appointed to the council shall serve	1180
three-year terms. Original appointments shall be made not later	1181
than sixty days after September 29, 2005. Vacancies on the council	1182
shall be filled in the same manner as the original appointment.	1183

(D) The attorney general or the attorney general's designee	1184
shall be the chairperson of the council. The council shall meet at	1185
least once every two years to review the rules adopted under	1186
sections 9.237 and 9.238 of the Revised Code and to make	1187
recommendations to the attorney general and auditor of state	1188
regarding the adoption, amendment, or repeal of those rules. The	1189
council shall also meet at other times as requested by the	1190
attorney general or auditor of state.	1191

(E) Members of the council shall serve without compensation	1192
or reimbursement.	1193

(F) The office of the attorney general shall provide	1194
necessary staff, facilities, supplies, and services to the	1195
council.	1196

(G) Sections 101.82 to 101.87 of the Revised Code do not	1197
apply to the council.	1198

Sec. 9.24. (A) Except as may be allowed under division (F) of	1199
this section, no state agency and no political subdivision shall	1200
award a contract as described in division (G)(1) of this section	1201
for goods, services, or construction, paid for in whole or in part	1202
with state funds, to a person against whom a finding for recovery	1203
has been issued by the auditor of state on and after January 1,	1204
2001, if the finding for recovery is unresolved.	1205

A contract is considered to be awarded when it is entered	1206
into or executed, irrespective of whether the parties to the	1207
contract have exchanged any money.	1208

(B) For purposes of this section, a finding for recovery is	1209
unresolved unless one of the following criteria applies:	1210

(1) The money identified in the finding for recovery is paid	1211
in full to the state agency or political subdivision to whom the	1212
money was owed;	1213

(2) The debtor has entered into a repayment plan that is	1214
approved by the attorney general and the state agency or political	1215
subdivision to whom the money identified in the finding for	1216
recovery is owed. A repayment plan may include a provision	1217
permitting a state agency or political subdivision to withhold	1218
payment to a debtor for goods, services, or construction provided	1219
to or for the state agency or political subdivision pursuant to a	1220
contract that is entered into with the debtor after the date the	1221
finding for recovery was issued.	1222

(3) The attorney general waives a repayment plan described in	1223
division (B)(2) of this section for good cause;	1224

(4) The debtor and state agency or political subdivision to	1225
whom the money identified in the finding for recovery is owed have	1226
agreed to a payment plan established through an enforceable	1227
settlement agreement.	1228

(5) The state agency or political subdivision desiring to	1229
enter into a contract with a debtor certifies, and the attorney	1230
general concurs, that all of the following are true:	1231

(a) Essential services the state agency or political	1232
subdivision is seeking to obtain from the debtor cannot be	1233
provided by any other person besides the debtor;	1234

(b) Awarding a contract to the debtor for the essential	1235
services described in division (B)(5)(a) of this section is in the	1236
best interest of the state;	1237

(c) Good faith efforts have been made to collect the money	1238
identified in the finding of recovery.	1239

(6) The debtor has commenced an action to contest the finding	1240
for recovery and a final determination on the action has not yet	1241
been reached.	1242

(C) The attorney general shall submit an initial report to	1243
the auditor of state, not later than December 1, 2003, indicating	1244
the status of collection for all findings for recovery issued by	1245
the auditor of state for calendar years 2001, 2002, and 2003.	1246
Beginning on January 1, 2004, the attorney general shall submit to	1247
the auditor of state, on the first day of every January, April,	1248
July, and October, a list of all findings for recovery that have	1249
been resolved in accordance with division (B) of this section	1250
during the calendar quarter preceding the submission of the list	1251
and a description of the means of resolution. The attorney general	1252
shall notify the auditor of state when a judgment is issued	1253
against an entity described in division (F)(1) of this section.	1254

(D) The auditor of state shall maintain a database,	1255
accessible to the public, listing persons against whom an	1256
unresolved finding for recovery has been issued, and the amount of	1257
the money identified in the unresolved finding for recovery. The	1258
auditor of state shall have this database operational on or before	1259
January 1, 2004. The initial database shall contain the	1260
information required under this division for calendar years 2001,	1261
2002, and 2003.	1262

Beginning January 15, 2004, the auditor of state shall update	1263
the database by the fifteenth day of every January, April, July,	1264
and October to reflect resolved findings for recovery that are	1265
reported to the auditor of state by the attorney general on the	1266
first day of the same month pursuant to division (C) of this	1267
section.	1268

(E) Before awarding a contract as described in division	1269
(G)(1) of this section for goods, services, or construction, paid	1270
for in whole or in part with state funds, a state agency or	1271
political subdivision shall verify that the person to whom the	1272
state agency or political subdivision plans to award the contract	1273
has no unresolved finding for recovery issued against the person.	1274
A state agency or political subdivision shall verify that the	1275
person does not appear in the database described in division (D)	1276
of this section or shall obtain other proof that the person has no	1277
unresolved finding for recovery issued against the person.	1278

(F) The prohibition of division (A) of this section and the	1279
requirement of division (E) of this section do not apply with	1280
respect to the companies, payments, or agreements described in	1281
divisions (F)(1) and (2) of this section, or in the circumstance	1282
described in division (F)(3) of this section.	1283

(1) A bonding company or a company authorized to transact the	1284
business of insurance in this state, a self-insurance pool, joint	1285
self-insurance pool, risk management program, or joint risk	1286
management program, unless a court has entered a final judgment	1287
against the company and the company has not yet satisfied the	1288
final judgment.	1289

(2) To medicaid provider agreements under ~~Chapter 5111. of~~	1290
the ~~Revised Code~~medicaid program.	1291

(3) When federal law dictates that a specified entity provide	1292
the goods, services, or construction for which a contract is being	1293
awarded, regardless of whether that entity would otherwise be	1294
prohibited from entering into the contract pursuant to this	1295
section.	1296

(G)(1) This section applies only to contracts for goods,	1297
services, or construction that satisfy the criteria in either	1298
division (G)(1)(a) or (b) of this section. This section may apply	1299
to contracts for goods, services, or construction that satisfy the	1300
criteria in division (G)(1)(c) of this section, provided that the	1301
contracts also satisfy the criteria in either division (G)(1)(a)	1302
or (b) of this section.	1303

(a) The cost for the goods, services, or construction	1304
provided under the contract is estimated to exceed twenty-five	1305
thousand dollars.	1306

(b) The aggregate cost for the goods, services, or	1307
construction provided under multiple contracts entered into by the	1308
particular state agency and a single person or the particular	1309
political subdivision and a single person within the fiscal year	1310
preceding the fiscal year within which a contract is being entered	1311
into by that same state agency and the same single person or the	1312
same political subdivision and the same single person, exceeded	1313
fifty thousand dollars.	1314

(c) The contract is a renewal of a contract previously	1315
entered into and renewed pursuant to that preceding contract.	1316

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

1317

(H) As used in this section:

1318

(1) "State agency" has the same meaning as in section 9.66 of	1319
the Revised Code.	1320

(2) "Political subdivision" means a political subdivision as	1321
defined in section 9.82 of the Revised Code that has received more	1322
than fifty thousand dollars of state money in the current fiscal	1323
year or the preceding fiscal year.	1324

(3) "Finding for recovery" means a determination issued by	1325
the auditor of state, contained in a report the auditor of state	1326
gives to the attorney general pursuant to section 117.28 of the	1327
Revised Code, that public money has been illegally expended,	1328
public money has been collected but not been accounted for, public	1329
money is due but has not been collected, or public property has	1330
been converted or misappropriated.	1331

(4) "Debtor" means a person against whom a finding for	1332
recovery has been issued.	1333

(5) "Person" means the person named in the finding for	1334
recovery.	1335

(6) "State money" does not include funds the state receives	1336
from another source and passes through to a political subdivision.	1337

Sec. 9.823. (A) All contributions collected by the director	1338
of administrative services under division (E) of this section	1339
shall be deposited into the state treasury to the credit of the	1340
risk management reserve fund, which is hereby created. The fund	1341
shall be used to provide insurance and self-insurance for the	1342
state under sections 9.822 and 9.83 of the Revised Code. All	1343
investment earnings of the fund shall be credited to it.	1344

(B) The director, through the office of risk management,	1345
shall operate the risk management reserve fund on an actuarially	1346
sound basis.	1347

(C) Reserves shall be maintained in the risk management	1348
reserve fund in any amount that is necessary and adequate, in the	1349
exercise of sound and prudent actuarial judgment, to cover	1350
potential liability claims, expenses, fees, or damages. Money in	1351
the fund may be applied to the payment of liability claims that	1352
are filed against the state. The director may procure the services	1353
of a qualified actuarial firm for the purpose of recommending the	1354
specific amount of money that would be required to maintain	1355
adequate reserves for a given period of time.	1356

(D) ~~A report of the amounts reserved and disbursements made~~	1357
~~from the reserves, together with a written report of a competent~~	1358
~~property and casualty actuary, shall be submitted, on or before~~	1359
~~the last day of March for the preceding calendar year, to the~~	1360
~~speaker of the house of representatives and the president of the~~	1361
~~senate. The actuary shall certify the adequacy of the rates of~~	1362
~~contributions, the sufficiency of excess insurance, and whether~~	1363
~~the amounts reserved conform to the requirements of this section,~~	1364
~~are computed in accordance with accepted loss reserving standards,~~	1365
~~and are fairly stated in accordance with sound loss reserving~~	1366
~~principles. The report shall include disbursements made for the~~	1367
~~administration of the fund, including claims paid, cost of legal~~	1368
~~representation of state agencies and employees, and fees paid to~~	1369
~~consultants.~~	1370

~~(E)~~ The director shall collect from each state agency or any	1371
participating state body its contribution to the risk management	1372
reserve fund for the purpose of purchasing insurance or	1373
administering self-insurance programs for coverages authorized	1374
under sections 9.822 and 9.83 of the Revised Code. The	1375
contribution shall be determined by the director, with the	1376
approval of the director of budget and management, and shall be	1377
based upon actuarial assumptions and the relative risk and loss	1378
experience of each state agency or participating state body. The	1379
contribution shall further include a reasonable sum to cover the	1380
department's administrative costs.	1381

Sec. 9.833. (A) As used in this section, "political	1382
subdivision" has the meaning defined in sections 2744.01 and	1383
3905.36 of the Revised Code. For purposes of this section,	1384
"political subdivision" includes municipal corporations as defined	1385
in section 5705.01 of the Revised Code.	1386

(B) Political subdivisions that provide health care benefits	1387
for their officers or employees may do any of the following:	1388

(1) Establish and maintain an individual self-insurance	1389
program with public moneys to provide authorized health care	1390
benefits, including but not limited to, health care, prescription	1391
drugs, dental care, and vision care, in accordance with division	1392
(C) of this section;	1393

(2) Establish and maintain a health savings account program	1394
whereby employees or officers may establish and maintain health	1395
savings accounts in accordance with section 223 of the Internal	1396
Revenue Code. Public moneys may be used to pay for or fund	1397
federally qualified high deductible health plans that are linked	1398
to health savings accounts or to make contributions to health	1399
savings accounts. A health savings account program may be a part	1400
of a self-insurance program.	1401

(3) After establishing an individual self-insurance program,	1402
agree with other political subdivisions that have established	1403
individual self-insurance programs for health care benefits, that	1404
their programs will be jointly administered in a manner specified	1405
in the agreement;	1406

(4) Pursuant to a written agreement and in accordance with	1407
division (C) of this section, join in any combination with other	1408
political subdivisions to establish and maintain a joint	1409
self-insurance program to provide health care benefits;	1410

(5) Pursuant to a written agreement, join in any combination	1411
with other political subdivisions to procure or contract for	1412
policies, contracts, or plans of insurance to provide health care	1413
benefits, which may include a health savings account program for	1414
their officers and employees subject to the agreement;	1415

(6) Use in any combination any of the policies, contracts,	1416
plans, or programs authorized under this division.	1417

(7) Any agreement made under division (B)(3), (4), (5), or	1418
(6) of this section shall be in writing, comply with division (C)	1419
of this section, and contain best practices established in	1420
consultation with and approved by the department of administrative	1421
services. The best practices may be reviewed and amended at the	1422
discretion of the political subdivisions in consultation with the	1423
department. Detailed information regarding the best practices	1424
shall be made available to any employee upon that employee's	1425
request.	1426

(8) Purchase plans ~~approved~~containing best practices	1427
established by the department of administrative services under	1428
section 9.901 of the Revised Code.	1429

(C) Except as otherwise provided in division (E) of this	1430
section, the following apply to individual or joint self-insurance	1431
programs established pursuant to this section:	1432

(1) Such funds shall be reserved as are necessary, in the	1433
exercise of sound and prudent actuarial judgment, to cover	1434
potential cost of health care benefits for the officers and	1435
employees of the political subdivision. A certified audited	1436
financial statement and a report of amounts so reserved and	1437
disbursements made from such funds, together with a written report	1438
of a member of the American academy of actuaries certifying	1439
whether the amounts reserved conform to the requirements of this	1440
division, are computed in accordance with accepted loss reserving	1441
standards, and are fairly stated in accordance with sound loss	1442
reserving principles, shall be prepared and maintained, within	1443
ninety days after the last day of the fiscal year of the entity	1444
for which the report is provided for that fiscal year, in the	1445
office of the program administrator described in division (C)(3)	1446
of this section.	1447

The report required by division (C)(1) of this section shall	1448
include, but not be limited to, disbursements made for the	1449
administration of the program, including claims paid, costs of the	1450
legal representation of political subdivisions and employees, and	1451
fees paid to consultants.	1452

The program administrator described in division (C)(3) of	1453
this section shall make the report required by this division	1454
available for inspection by any person at all reasonable times	1455
during regular business hours, and, upon the request of such	1456
person, shall make copies of the report available at cost within a	1457
reasonable period of time. The program administrator shall further	1458
provide the report to the auditor of state under Chapter 117. of	1459
the Revised Code.	1460

(2) Each political subdivision shall reserve funds necessary	1461
for an individual or joint self-insurance program in a special	1462
fund that may be established for political subdivisions other than	1463
an agency or instrumentality pursuant to an ordinance or	1464
resolution of the political subdivision and not subject to section	1465
5705.12 of the Revised Code. An agency or instrumentality shall	1466
reserve the funds necessary for an individual or joint	1467
self-insurance program in a special fund established pursuant to a	1468
resolution duly adopted by the agency's or instrumentality's	1469
governing board. The political subdivision may allocate the costs	1470
of insurance or any self-insurance program, or both, among the	1471
funds or accounts established under this division on the basis of	1472
relative exposure and loss experience.	1473

(3) A contract may be awarded, without the necessity of	1474
competitive bidding, to any person, political subdivision,	1475
nonprofit corporation organized under Chapter 1702. of the Revised	1476
Code, or regional council of governments created under Chapter	1477
167. of the Revised Code for purposes of administration of an	1478
individual or joint self-insurance program. No such contract shall	1479
be entered into without full, prior, public disclosure of all	1480
terms and conditions. The disclosure shall include, at a minimum,	1481
a statement listing all representations made in connection with	1482
any possible savings and losses resulting from the contract, and	1483
potential liability of any political subdivision or employee. The	1484
proposed contract and statement shall be disclosed and presented	1485
at a meeting of the political subdivision not less than one week	1486
prior to the meeting at which the political subdivision authorizes	1487
the contract.	1488

A contract awarded to a nonprofit corporation or a regional	1489
council of governments under this division may provide that all	1490
employees of the nonprofit corporation or regional council of	1491
governments, the employees of all entities related to the	1492
nonprofit corporation or regional council of governments, and the	1493
employees of other nonprofit corporations that have fifty or fewer	1494
employees and have been organized for the primary purpose of	1495
representing the interests of political subdivisions, may be	1496
covered by the individual or joint self-insurance program under	1497
the terms and conditions set forth in the contract.	1498

(4) The individual or joint self-insurance program shall	1499
include a contract with a certified public accountant and a member	1500
of the American academy of actuaries for the preparation of the	1501
written evaluations required under division (C)(1) of this	1502
section.	1503

(5) A joint self-insurance program may allocate the costs of	1504
funding the program among the funds or accounts established under	1505
this division to the participating political subdivisions on the	1506
basis of their relative exposure and loss experience.	1507

(6) An individual self-insurance program may allocate the	1508
costs of funding the program among the funds or accounts	1509
established under this division to the political subdivision that	1510
established the program.	1511

(7) Two or more political subdivisions may also authorize the	1512
establishment and maintenance of a joint health care cost	1513
containment program, including, but not limited to, the employment	1514
of risk managers, health care cost containment specialists, and	1515
consultants, for the purpose of preventing and reducing health	1516
care costs covered by insurance, individual self-insurance, or	1517
joint self-insurance programs.	1518

(8) A political subdivision is not liable under a joint	1519
self-insurance program for any amount in excess of amounts payable	1520
pursuant to the written agreement for the participation of the	1521
political subdivision in the joint self-insurance program. Under a	1522
joint self-insurance program agreement, a political subdivision	1523
may, to the extent permitted under the written agreement, assume	1524
the risks of any other political subdivision. A joint	1525
self-insurance program established under this section is deemed a	1526
separate legal entity for the public purpose of enabling the	1527
members of the joint self-insurance program to obtain insurance or	1528
to provide for a formalized, jointly administered self-insurance	1529
fund for its members. An entity created pursuant to this section	1530
is exempt from all state and local taxes.	1531

(9) Any political subdivision, other than an agency or	1532
instrumentality, may issue general obligation bonds, or special	1533
obligation bonds that are not payable from real or personal	1534
property taxes, and may also issue notes in anticipation of such	1535
bonds, pursuant to an ordinance or resolution of its legislative	1536
authority or other governing body for the purpose of providing	1537
funds to pay expenses associated with the settlement of claims,	1538
whether by way of a reserve or otherwise, and to pay the political	1539
subdivision's portion of the cost of establishing and maintaining	1540
an individual or joint self-insurance program or to provide for	1541
the reserve in the special fund authorized by division (C)(2) of	1542
this section.	1543

In its ordinance or resolution authorizing bonds or notes	1544
under this section, a political subdivision may elect to issue	1545
such bonds or notes under the procedures set forth in Chapter 133.	1546
of the Revised Code. In the event of such an election,	1547
notwithstanding Chapter 133. of the Revised Code, the maturity of	1548
the bonds may be for any period authorized in the ordinance or	1549
resolution not exceeding twenty years, which period shall be the	1550
maximum maturity of the bonds for purposes of section 133.22 of	1551
the Revised Code.	1552

Bonds and notes issued under this section shall not be	1553
considered in calculating the net indebtedness of the political	1554
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	1555
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	1556
hereby made applicable to bonds or notes authorized under this	1557
section.	1558

(10) A joint self-insurance program is not an insurance	1559
company. Its operation does not constitute doing an insurance	1560
business and is not subject to the insurance laws of this state.	1561

(D) A political subdivision may procure group life insurance	1562
for its employees in conjunction with an individual or joint	1563
self-insurance program authorized by this section, provided that	1564
the policy of group life insurance is not self-insured.	1565

(E) This section does not apply to individual self-insurance	1566
programs created solely by municipal corporations as defined in	1567
section 5705.01 of the Revised Code.	1568

(F) A public official or employee of a political subdivision	1569
who is or becomes a member of the governing body of the program	1570
administrator of a joint self-insurance program in which the	1571
political subdivision participates is not in violation of division	1572
(D) or (E) of section 102.03, division (C) of section 102.04, or	1573
section 2921.42 of the Revised Code as a result of either of the	1574
following:	1575

(1) The political subdivision's entering under this section	1576
into the written agreement to participate in the joint	1577
self-insurance program;	1578

(2) The political subdivision's entering under this section	1579
into any other contract with the joint self-insurance program.	1580

Sec. 9.90. (A) ~~The following applies until the department of~~	1581
~~administrative services implements healthcare plans designed under~~	1582
~~section 9.901 of the Revised Code. If those plans do not include~~	1583
~~or address any benefits listed in this section, or if the board of~~	1584
~~trustees or other governing body of a state institution of higher~~	1585
~~education, as defined in section 3345.011 of the Revised Code,~~	1586
~~board of education of a school district, or governing board of an~~	1587
~~educational service center do not elect to be covered under a plan~~	1588
~~offered by the department of administrative services under section~~	1589
~~9.901 of the Revised Code, the following provisions continue in~~	1590
~~effect for those benefits.~~ The board of trustees or other	1591
governing body of a state institution of higher education, as	1592
defined in section 3345.011 of the Revised Code, board of	1593
education of a school district, or governing board of an	1594
educational service center may, in addition to all other powers	1595
provided in the Revised Code:	1596

(1) Contract for, purchase, or otherwise procure from an	1597
insurer or insurers licensed to do business by the state of Ohio	1598
for or on behalf of such of its employees as it may determine,	1599
life insurance, or sickness, accident, annuity, endowment, health,	1600
medical, hospital, dental, or surgical coverage and benefits, or	1601
any combination thereof, by means of insurance plans or other	1602
types of coverage, family, group or otherwise, and may pay from	1603
funds under its control and available for such purpose all or any	1604
portion of the cost, premium, or charge for such insurance,	1605
coverage, or benefits. However, the governing board, in addition	1606
to or as an alternative to the authority otherwise granted by	1607
division (A)(1) of this section, may elect to procure coverage for	1608
health care services, for or on behalf of such of its employees as	1609
it may determine, by means of policies, contracts, certificates,	1610
or agreements issued by at least two health insuring corporations	1611
holding a certificate of authority under Chapter 1751. of the	1612
Revised Code and may pay from funds under the governing board's	1613
control and available for such purpose all or any portion of the	1614
cost of such coverage.	1615

(2) Make payments to a custodial account for investment in	1616
regulated investment company stock for the purpose of providing	1617
retirement benefits as described in section 403(b)(7) of the	1618
Internal Revenue Code of 1954, as amended. Such stock shall be	1619
purchased only from persons authorized to sell such stock in this	1620
state.	1621

Any income of an employee deferred under divisions (A)(1) and	1622
(2) of this section in a deferred compensation program eligible	1623
for favorable tax treatment under the Internal Revenue Code of	1624
1954, as amended, shall continue to be included as regular	1625
compensation for the purpose of computing the contributions to and	1626
benefits from the retirement system of such employee. Any sum so	1627
deferred shall not be included in the computation of any federal	1628
and state income taxes withheld on behalf of any such employee.	1629

(B) All or any portion of the cost, premium, or charge	1630
therefor may be paid in such other manner or combination of	1631
manners as the board or governing body may determine, including	1632
direct payment by the employee in cases under division (A)(1) of	1633
this section, and, if authorized in writing by the employee in	1634
cases under division (A)(1) or (2) of this section, by the board	1635
or governing body with moneys made available by deduction from or	1636
reduction in salary or wages or by the foregoing of a salary or	1637
wage increase. Nothing in section 3917.01 or section 3917.06 of	1638
the Revised Code shall prohibit the issuance or purchase of group	1639
life insurance authorized by this section by reason of payment of	1640
premiums therefor by the board or governing body from its funds,	1641
and such group life insurance may be so issued and purchased if	1642
otherwise consistent with the provisions of sections 3917.01 to	1643
3917.07 of the Revised Code.	1644

(C) The board of education of any school district may	1645
exercise any of the powers granted to the governing boards of	1646
public institutions of higher education under divisions (A) and	1647
(B) of this section. All health care benefits provided to persons	1648
employed by the public schools of this state shall be through	1649
health care plans that contain best practices established by the	1650
department of administrative services pursuant to section 9.901 of	1651
the Revised Code.	1652

~~(D) Once the department of administrative services releases~~	1653
~~in final form health care plans designed under section 9.901 of~~	1654
~~the Revised Code, all health care benefits provided to persons~~	1655
~~employed by state institutions of higher education, school~~	1656
~~districts, or educational service centers may be through those~~	1657
~~plans.~~	1658

Sec. 9.901. (A)(1) All health care benefits provided to	1659
persons employed by ~~the political subdivisions and~~ public ~~school~~	1660
~~districts of~~employers as defined by this ~~state~~section shall be	1661
provided by health care plans that contain best practices	1662
established ~~pursuant to this section~~ by the former school	1663
employees health care board or the department of administrative	1664
services. ~~Twelve months after the release of best practices by the~~	1665
~~board all~~All policies or contracts for health care benefits	1666
~~provided to public school district employees~~ that are issued or	1667
renewed after the expiration of any applicable collective	1668
bargaining agreement must contain all best practices established	1669
pursuant to this section ~~by the board~~at the time of renewal. ~~Any~~	1670
~~or all of the health~~Health care plans that contain the best	1671
practices ~~specified by the board~~ may be self-insured.	1672

(2) Upon ~~completion of the consultant's report under division~~	1673
~~(E) of this section and once the plans are released in final form~~	1674
~~by the department, all health care benefits provided to persons~~	1675
~~employed by political subdivisions, public school districts, and~~	1676
~~state institutions of higher education may be provided by health~~	1677
~~care plans designed under this section by the department. The~~	1678
~~department, in consultation with the superintendent of insurance,~~	1679
~~may negotiate with and, in accordance with the competitive~~	1680
~~selection procedures of Chapter 125. of the Revised Code, contract~~	1681
~~with one or more insurance companies authorized to do business in~~	1682
~~this state for the issuance of the plans. Any or all of the health~~	1683
~~care plans designed by the department may be self-insured. All~~	1684
~~self-insured plans adopted shall be administered by the department~~	1685
~~in accordance with this section. The plans shall incorporate the~~	1686
~~best practices adopted by the department under division (C)(3) of~~	1687
~~this section~~consulting with the department of administrative	1688
services, a political subdivision may adopt a delivery system of	1689
benefits that is not in accordance with the department's adopted	1690
best practices if it is considered by the department to be most	1691
financially advantageous to the political subdivision.	1692

(3) ~~Before soliciting proposals from insurance companies for~~	1693
~~the issuance of health care plans, the department, in consultation~~	1694
~~with the superintendent of insurance, shall determine what~~	1695
~~geographic regions exist in the state based on the availability of~~	1696
~~providers, networks, costs, and other factors relating to~~	1697
~~providing health care benefits. The department shall then~~	1698
~~determine what health care plans offered by political~~	1699
~~subdivisions, public school districts, state institutions, and~~	1700
~~existing consortiums in the region offer the most cost-effective~~	1701
~~plan.~~	1702

~~(4) The department, in consultation with the superintendent~~	1703
~~of insurance, shall develop a request for proposals and solicit~~	1704
~~bids for health care plans for political subdivisions, public~~	1705
~~school districts, and state institutions in a region similar to~~	1706
~~the existing plans. The department shall also determine the~~	1707
~~benefits offered by existing health care plans, the employees'~~	1708
~~costs, and the cost-sharing arrangements used by political~~	1709
~~subdivisions, schools, and institutions participating in a~~	1710
~~consortium. The department shall determine what strategies are~~	1711
~~used by the existing plans to manage health care costs and shall~~	1712
~~study the potential benefits of state or regional consortiums~~	1713
~~offering multiple health care plans. When options exist in a~~	1714
~~defined regional service area that meet the benchmarks or best~~	1715
~~practices prescribed by the department, public employees shall be~~	1716
~~given the option of selecting from two or more health plans.~~	1717

~~(5) No political subdivision, public school district, or~~	1718
~~state institution may be required to offer the health care plans~~	1719
~~designed under this section until action is taken under division~~	1720
~~(E) of this section.~~	1721

~~In addition, political subdivisions, public school districts,~~	1722
~~or state institutions offering employee health care benefits~~	1723
~~through a plan offered by a consortium of two or more political~~	1724
~~subdivisions, districts, or state institutions, or a consortium of~~	1725
~~one or more political subdivisions, districts, or state~~	1726
~~institutions and one or more other political subdivisions may~~	1727
~~continue offering consortium plans to the political subdivisions',~~	1728
~~districts', or institutions' employees if plans contain best~~	1729
~~practices required under this section.~~	1730

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

1731

(a) "Public employer" means political subdivisions, public	1732
school districts, or state institutions of higher education.	1733

(b) "Public school district" means a city, local, exempted	1734
village, or joint vocational school district; a STEM school	1735
established under Chapter 3326. of the Revised Code; or an	1736
educational service center. "Public school district" does not mean	1737
a community school established under Chapter 3314. of the Revised	1738
Code.	1739

~~(b)~~(c) "State institution of higher education" or "state	1740
institution" means a state institution of higher education as	1741
defined in section 3345.011 of the Revised Code.	1742

~~(c)~~(d) "Political subdivision" has the same meaning as	1743
defined in section 9.833 of the Revised Code.	1744

~~(d)~~(e) A "health care plan" includes group policies,	1745
contracts, and agreements that provide hospital, surgical, or	1746
medical expense coverage, including self-insured plans. A "health	1747
care plan" does not include an individual plan offered to the	1748
employees of a political subdivision, public school district, or	1749
state institution, or a plan that provides coverage only for	1750
specific disease or accidents, or a hospital indemnity, medicare	1751
supplement, or other plan that provides only supplemental	1752
benefits, paid for by the employees of a political subdivision,	1753
public school district, or state institution.	1754

~~(e)~~(f) A "health plan sponsor" means a political subdivision,	1755
public school district, a state institution of higher education, a	1756
consortium of political subdivisions, public school districts, or	1757
state institutions, or a council of governments.	1758

~~(B)~~(4) The ~~political subdivisions and~~ public employees health	1759
care fund is hereby created in the state treasury. The department	1760
shall use all funds in the ~~political subdivisions and~~ public	1761
employees health care fund solely to carry out the provisions of	1762
this section and related administrative costs.	1763

~~(C)~~(B) The department of administrative services shall do all	1764
of the following:	1765

(1) ~~Include disease management and consumer education~~	1766
~~programs, which programs shall include, but are not limited to,~~	1767
~~wellness programs and other measures designed to encourage the~~	1768
~~wise use of medical plan coverage. These programs are not services~~	1769
~~or treatments for purposes of section 3901.71 of the Revised Code.~~	1770

~~(2) After action is taken under division (E) of this section,~~	1771
~~design health care plans for political subdivisions, public school~~	1772
~~districts, and state institutions of higher education in~~	1773
~~accordance with division (A) of this section separate from the~~	1774
~~plans for state agencies;~~	1775

~~(3) Adopt and release a set of standards that shall be~~	1776
~~considered the best practices for health care plans offered to~~	1777
~~employees of political subdivisions, public school districts, and~~	1778
~~state institutions.~~	1779

~~(4) Require that the plans the health plan sponsors~~	1780
~~administer make readily available to the public all cost and~~	1781
~~design elements of the plan;~~	1782

~~(5) Set employee and employer health care plan premiums for~~	1783
~~the plans designed under division (C)(2) of this section;~~	1784

~~(6) Promote cooperation among all organizations affected by~~	1785
~~this section in identifying the elements for the successful~~	1786
~~implementation of this section;~~	1787

~~(7) Promote cost containment measures aligned with patient,~~	1788
~~plan, and provider management strategies in developing and~~	1789
~~managing health care plans;~~	1790

~~(8) Prepare and disseminate to the public an annual report on~~	1791
~~the status of health plan sponsors' effectiveness in making~~	1792
~~progress to reduce the rate of increase in insurance premiums and~~	1793
~~employee out of pocket expenses, as well as progress in improving~~	1794
~~the health status of political subdivision, public school~~	1795
~~district, and state institution employees and their families.~~	1796

~~(D) The sections in Chapter 3923. of the Revised Code~~	1797
~~regulating public employee benefit plans are not applicable to the~~	1798
~~health care plans designed pursuant to this section.~~	1799

~~(E) Before the department's release of the initial health~~	1800
~~care plans, the department shall contract with an independent~~	1801
~~consultant to analyze costs related to employee health care~~	1802
~~benefits provided by existing political subdivision, public school~~	1803
~~district, and state institution plans. All political subdivisions~~	1804
~~shall provide information requested by the department that the~~	1805
~~department determines is needed to complete this study. The~~	1806
~~information requested shall be held confidentially by the~~	1807
~~department and shall not be considered a public record under~~	1808
~~Chapter 149. of the Revised Code. The department may release the~~	1809
~~information after redacting all personally identifiable~~	1810
~~information. The consultant shall determine the benefits offered~~	1811
~~by existing plans, the employees' costs, and the cost-sharing~~	1812
~~arrangements used by political subdivisions, schools, and~~	1813
~~institutions participating in a consortium. The consultant shall~~	1814
~~determine what strategies are used by the existing plans to manage~~	1815
~~health care costs and shall study the potential benefits of state~~	1816
~~or regional consortiums of political subdivisions, public schools,~~	1817
~~and institutions offering multiple health care plans. Based on the~~	1818
~~findings of the analysis, the consultant shall submit written~~	1819
~~recommendations to the department for the development and~~	1820
~~implementation of a successful program for pooling purchasing~~	1821
~~power for the acquisition of employee health care plans. The~~	1822
~~consultant's recommendations shall address, at a minimum, all of~~	1823
~~the following issues:~~	1824

~~(1) The development of a plan for regional coordination of~~	1825
~~the health care plans;~~	1826

~~(2) The establishment of regions for the provision of health~~	1827
~~care plans, based on the availability of providers and plans in~~	1828
~~the state at the time;~~	1829

~~(3) The viability of voluntary and mandatory participation by~~	1830
~~political subdivisions, public schools, and institutions of higher~~	1831
~~education;~~	1832

~~(4) The use of regional preferred provider and closed panel~~	1833
~~plans, health savings accounts, and alternative health care plans,~~	1834
~~to stabilize both costs and the premiums charged to political~~	1835
~~subdivisions, public school districts, and state institutions and~~	1836
~~their employees;~~	1837

~~(5) The use of the competitive bidding process for regional~~	1838
~~health care plans;~~	1839

~~(6) The use of information on claims and costs and of~~	1840
~~information reported by political subdivisions, public school~~	1841
~~districts, and state institutions pursuant to the Consolidated~~	1842
~~Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.~~	1843
~~1161, as amended in analyzing administrative and premium costs;~~	1844

~~(7) The experience of states that have statewide health care~~	1845
~~plans for political subdivision, public school district, and state~~	1846
~~institution employees, including the implementation strategies~~	1847
~~used by those states;~~	1848

~~(8) Recommended strategies for the use of first-year roll-in~~	1849
~~premiums in the transition from political subdivision, district,~~	1850
~~and state institution health care plans to department plans;~~	1851

~~(9) The option of allowing political subdivisions, public~~	1852
~~school districts, and state institutions to join an existing~~	1853
~~regional consortium as an alternative to department plans;~~	1854

~~(10) Mandatory and optional coverages to be offered by the~~	1855
~~department's plans;~~	1856

~~(11) Potential risks to the state from the use of plans~~	1857
~~developed under this section;~~	1858

~~(12) Any legislation needed to ensure the long-term financial~~	1859
~~solvency and stability of a health care purchasing system;~~	1860

~~(13) The potential impacts of any changes to the existing~~	1861
~~purchasing structure on all of the following:~~	1862

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

1863

~~(b) Political subdivision, school district, and state~~	1864
~~institution employees;~~	1865

~~(c) Individual political subdivisions, school districts, and~~	1866
~~state institutions.~~	1867

~~(14) Issues that could arise when political subdivisions,~~	1868
~~school districts, and state institutions transition from the~~	1869
~~existing purchasing structure to a new purchasing structure;~~	1870

~~(15) Strategies available to the department in the creation~~	1871
~~of fund reserves and the need for stop-loss insurance coverage for~~	1872
~~catastrophic losses;~~	1873

~~(16) Impact on eliminating the premium tax or excise~~	1874
~~currently received on behalf of a public employer under division~~	1875
~~(A) of section 5725.18 and division (A) of 5729.03 of the Revised~~	1876
~~Code;~~	1877

~~(17) How development of the federal health exchange in Ohio~~	1878
~~may impact public employees;~~	1879

~~(18) Impact of joint health insurance regional program on~~	1880
~~insurance carriers and agents;~~	1881

~~(19) The benefits, including any cost savings to the state of~~	1882
~~establishing a benchmark for public employers to meet in lieu of~~	1883
~~establishing new plans administered by the department.~~	1884

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

1885

(2) Study the potential benefits of state or regional	1886
consortiums of public employers' health care plans;	1887

(3) Publish information regarding the health care plans	1888
offered by political subdivisions, public school districts, state	1889
institutions, and existing consortiums;	1890

(4) Assist in the design of health care plans for political	1891
subdivisions, public school districts, and state institutions of	1892
higher education in accordance with division (A) of this section	1893
separate from the plans for state agencies;	1894

(5) Adopt and release a set of standards that shall be	1895
considered the best practices for health care plans offered to	1896
employees of political subdivisions, public school districts, and	1897
state institutions;	1898

(6) Require that plans the health plan sponsors administer	1899
make readily available to the public all cost and design elements	1900
of the plan;	1901

(7) Promote cooperation among all organizations affected by	1902
this section in identifying the elements for successful	1903
implementation of this section;	1904

(8) Promote cost containment measures aligned with patient,	1905
plan, and provider management strategies in developing and	1906
managing health care plans; and	1907

(9) Prepare and disseminate to the public an annual report on	1908
the status of health plan sponsors' effectiveness in complying	1909
with best practices and making progress to reduce the rate of	1910
increase in insurance premiums and employee out-of-pocket	1911
expenses, as well as progress in improving the health status of	1912
employees and their families.	1913

(C) The director of administrative services may convene a	1914
public health care advisory committee ~~is hereby created under the~~	1915
~~department of administrative services~~. The committee shall make	1916
recommendations to the director of administrative services or the	1917
director's designee on the development and adoption of best	1918
practices under this section. The committee shall consist of	1919
fifteen members: five members appointed by the speaker of the	1920
house of representatives,; five members appointed by the president	1921
of the senate,; and five members appointed by the governor ~~and~~	1922
~~shall include representatives from state and local government~~	1923
~~employers, state and local government employees, insurance agents,~~	1924
~~health insurance companies, and joint purchasing arrangements~~	1925
~~currently in existence. Nothing in this section prohibits a~~	1926
~~political subdivision from adopting a delivery system of benefits~~	1927
~~that is not in accordance with the department's adopted best~~	1928
~~practices if it is considered to be most financially advantageous~~	1929
~~to the political subdivision~~. Members shall serve without	1930
compensation.	1931

~~(G)~~(D) The department may adopt rules for the enforcement of	1932
health plan sponsors' compliance with the best practices standards	1933
adopted by the department pursuant to this section.	1934

~~(H)~~(E) Any health care plan providing coverage for the	1935
employees of political subdivisions, public school districts, or	1936
state institutions of higher education, or that have provided	1937
coverage within two years before the effective date of this	1938
amendment, shall provide nonidentifiable aggregate claims and	1939
administrative data for the coverage provided as required by the	1940
department, without charge, within thirty days after receiving a	1941
written request from the department. The claims data shall include	1942
data relating to employee group benefit sets, demographics, and	1943
claims experience.	1944

~~(I)(1)~~(F) The department may ~~contract~~work with other state	1945
agencies ~~for~~to obtain services as the department deems necessary	1946
for the implementation and operation of this section, based on	1947
demonstrated experience and expertise in administration,	1948
management, data handling, actuarial studies, quality assurance,	1949
or for other needed services.	1950

~~(2)~~(G) The department shall hire staff as necessary to	1951
provide administrative support to the department and the public	1952
employee health care plan program established by this section.	1953

~~(J) Not more than ninety days before coverage begins for~~	1954
~~political subdivision, public school district, and state~~	1955
~~institution employees under health care plans designed by the~~	1956
~~department, a political subdivision's governing body, public~~	1957
~~school district's board of education, and a state institution's~~	1958
~~board of trustees or managing authority shall provide detailed~~	1959
~~information about the health care plans to the employees.~~	1960

~~(K)~~(H) Nothing in this section shall be construed as	1961
prohibiting political subdivisions, public school districts, or	1962
state institutions from consulting with and compensating insurance	1963
agents and brokers for professional services or from establishing	1964
a self-insurance program.	1965

~~(L)~~(I) Pursuant to Chapter 117. of the Revised Code, the	1966
auditor of state shall conduct all necessary and required audits	1967
of the department. The auditor of state, upon request, also shall	1968
furnish to the department copies of audits of political	1969
subdivisions, public school districts, or consortia performed by	1970
the auditor of state.	1971

Sec. 101.39. (A) There is hereby created the joint	1972
legislative committee on health care oversight. The committee may	1973
review or study any matter related to the provision of health care	1974
services that it considers of significance to the citizens of this	1975
state, including the availability of health care, the quality of	1976
health care, the effectiveness and efficiency of managed care	1977
systems, and the operation of the ~~medical assistance~~medicaid	1978
program ~~established under Chapter 5111. of the Revised Code~~ or	1979
other government health programs.	1980

The department of ~~job and family services~~medicaid,	1981
department of health, department of aging, department of ~~mental~~	1982
~~health~~mental health and addiction services, department of	1983
developmental disabilities, ~~department of alcohol and drug~~	1984
~~addiction services,~~ and other state agencies shall cooperate with	1985
the committee in its study and review of health care issues. On	1986
request, the departments shall provide the committee with reports	1987
and other information sufficient for the committee to fulfill its	1988
duties.	1989

The committee may issue recommendations as it determines	1990
appropriate. The recommendations may be made to the general	1991
assembly, state agencies, private industry, or any other entity.	1992

(B) The committee shall consist of the following members of	1993
the general assembly: the chairperson of the senate's standing	1994
committee with primary responsibility for health legislation, the	1995
chairperson of the house of representatives' standing committee	1996
with primary responsibility for health legislation, four members	1997
of the house of representatives appointed by the speaker of the	1998
house of representatives, and four members of the senate appointed	1999
by the president of the senate. Not more than two members	2000
appointed by the speaker of the house of representatives and not	2001
more than two members appointed by the president of the senate may	2002
be of the same political party. Except in 1995, appointments shall	2003
be made not later than fifteen days after the commencement of the	2004
first regular session of each general assembly. The chairpersons	2005
of the standing committees with primary responsibility for health	2006
legislation shall serve as co-chairpersons of the committee.	2007

Each member of the committee shall hold office during the	2008
general assembly in which the member is appointed and until a	2009
successor has been appointed, notwithstanding the adjournment sine	2010
die of the general assembly in which the member was appointed or	2011
the expiration of the member's term as a member of the general	2012
assembly. Any vacancies occurring among the members of the	2013
committee shall be filled in the manner of the original	2014
appointment.	2015

The committee shall meet at least quarterly and at the call	2016
of the co-chairpersons. The co-chairpersons shall determine the	2017
time, place, and agenda for each meeting of the committee.	2018

The committee has the same powers as other standing or select	2019
committees of the general assembly. The committee may request	2020
assistance from the legislative service commission.	2021

Sec. 101.391. (A) There is hereby created the joint	2022
legislative committee on medicaid technology and reform. The	2023
committee may review or study any matter that it considers	2024
relevant to the operation of the medicaid program ~~established~~	2025
~~under Chapter 5111. of the Revised Code~~, with priority given to	2026
the study or review of mechanisms to enhance the program's	2027
effectiveness through improved technology systems and program	2028
reform.	2029

(B) The committee shall consist of five members of the house	2030
of representatives appointed by the speaker of the house of	2031
representatives and five members of the senate appointed by the	2032
president of the senate. Not more than three members appointed by	2033
the speaker of the house of representatives and not more than	2034
three members appointed by the president of the senate may be of	2035
the same political party.	2036

Each member of the committee shall hold office during the	2037
general assembly in which the member is appointed and until a	2038
successor has been appointed, notwithstanding the adjournment sine	2039
die of the general assembly in which the member was appointed or	2040
the expiration of the member's term as a member of the general	2041
assembly. Any vacancies occurring among the members of the	2042
committee shall be filled in the manner of the original	2043
appointment.	2044

(C) The committee has the same powers as other standing or	2045
select committees of the general assembly. The committee may	2046
employ an executive director.	2047

Sec. 103.144. As used in sections 103.144 to 103.146 of the	2048
Revised Code:	2049

(A) "Mandated benefit" means the following, when considered	2050
in the context of a sickness and accident insurance policy or a	2051
health insuring corporation policy, contract, or agreement:	2052

(1) Any required coverage for a specific medical or	2053
health-related service, treatment, medication, or practice;	2054

(2) Any required coverage for the services of specific health	2055
care providers;	2056

(3) Any requirement that an insurer or health insuring	2057
corporation offer coverage to specific individuals or groups;	2058

(4) Any requirement that an insurer or health insuring	2059
corporation offer specific medical or health-related services,	2060
treatments, medications, or practices to existing insureds or	2061
enrollees;	2062

(5) Any required expansion of, or addition to, existing	2063
coverage;	2064

(6) Any mandated reimbursement amount to specific health care	2065
providers.	2066

(B) "Mandated benefit" does not include any required coverage	2067
or offer of coverage, any required expansion of, or addition to,	2068
existing coverage, or any mandated reimbursement amount to	2069
specific providers, as described in division (A) of this section,	2070
within the context of any public health benefits arrangement,	2071
including but not limited to, the coverage of beneficiaries	2072
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	2073
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	2074
medicare risk contract or medicare cost contract, or to the	2075
coverage of beneficiaries enrolled in ~~Title XIX of the "Social~~	2076
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	2077
~~known as the medical assistance program or~~ medicaid~~, provided by~~	2078
~~the Ohio department of job and family services under Chapter 5111.~~	2079
~~of the Revised Code~~.	2080

Sec. 105.41. (A) There is hereby created in the legislative	2081
branch of government the capitol square review and advisory board,	2082
consisting of twelve members as follows:	2083

(1) Two members of the senate, appointed by the president of	2084
the senate, both of whom shall not be members of the same	2085
political party;	2086

(2) Two members of the house of representatives, appointed by	2087
the speaker of the house of representatives, both of whom shall	2088
not be members of the same political party;	2089

(3) Four members appointed by the governor, with the advice	2090
and consent of the senate, not more than three of whom shall be	2091
members of the same political party, one of whom shall be the	2092
chief of staff of the governor's office, one of whom shall	2093
represent the Ohio arts council, one of whom shall represent the	2094
Ohio historical society, and one of whom shall represent the	2095
public at large;	2096

(4) One member, who shall be a former president of the	2097
senate, appointed by the current president of the senate. If the	2098
current president of the senate, in the current president's	2099
discretion, decides for any reason not to make the appointment or	2100
if no person is eligible or available to serve, the seat shall	2101
remain vacant.	2102

(5) One member, who shall be a former speaker of the house of	2103
representatives, appointed by the current speaker of the house of	2104
representatives. If the current speaker of the house of	2105
representatives, in the current speaker's discretion, decides for	2106
any reason not to make the appointment or if no person is eligible	2107
or available to serve, the seat shall remain vacant.	2108

(6) The clerk of the senate and the clerk of the house of	2109
representatives.	2110

(B) Terms of office of each appointed member of the board	2111
shall be for three years, except that members of the general	2112
assembly appointed to the board shall be members of the board only	2113
so long as they are members of the general assembly and the chief	2114
of staff of the governor's office shall be a member of the board	2115
only so long as the appointing governor remains in office. Each	2116
member shall hold office from the date of the member's appointment	2117
until the end of the term for which the member was appointed. In	2118
case of a vacancy occurring on the board, the president of the	2119
senate, the speaker of the house of representatives, or the	2120
governor, as the case may be, shall in the same manner prescribed	2121
for the regular appointment to the commission, fill the vacancy by	2122
appointing a member. Any member appointed to fill a vacancy	2123
occurring prior to the expiration of the term for which the	2124
member's predecessor was appointed shall hold office for the	2125
remainder of the term. Any appointed member shall continue in	2126
office subsequent to the expiration date of the member's term	2127
until the member's successor takes office, or until a period of	2128
sixty days has elapsed, whichever occurs first.	2129

(C) The board shall hold meetings in a manner and at times	2130
prescribed by the rules adopted by the board. A majority of the	2131
board constitutes a quorum, and no action shall be taken by the	2132
board unless approved by at least six members or by at least seven	2133
members if a person is appointed under division (A)(4) or (5) of	2134
this section. At its first meeting, the board shall adopt rules	2135
for the conduct of its business and the election of its officers,	2136
and shall organize by selecting a chairperson and other officers	2137
as it considers necessary. Board members shall serve without	2138
compensation but shall be reimbursed for actual and necessary	2139
expenses incurred in the performance of their duties.	2140

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

2141

(1) Employ or hire on a consulting basis professional,	2142
technical, and clerical employees as are necessary for the	2143
performance of its duties. All employees of the board are in the	2144
unclassified service and serve at the pleasure of the board. For	2145
purposes of section 4117.01 of the Revised Code, employees of the	2146
board shall be considered employees of the general assembly,	2147
except that employees who are covered by a collective bargaining	2148
agreement on September 29, 2011, shall remain subject to the	2149
agreement until the agreement expires on its terms, and the	2150
agreement shall not be extended or renewed. Upon expiration of the	2151
agreement, the employees are considered employees of the general	2152
assembly for purposes of section 4117.01 of the Revised Code and	2153
are in the unclassified service and serve at the pleasure of the	2154
board.	2155

(2) Hold public hearings at times and places as determined by	2156
the board;	2157

(3) Adopt, amend, or rescind rules necessary to accomplish	2158
the duties of the board as set forth in this section;	2159

(4) Sponsor, conduct, and support such social events as the	2160
board may authorize and consider appropriate for the employees of	2161
the board, employees and members of the general assembly,	2162
employees of persons under contract with the board or otherwise	2163
engaged to perform services on the premises of capitol square, or	2164
other persons as the board may consider appropriate. Subject to	2165
the requirements of Chapter 4303. of the Revised Code, the board	2166
may provide beer, wine, and intoxicating liquor, with or without	2167
charge, for those events and may use funds only from the sale of	2168
goods and services fund to purchase the beer, wine, and	2169
intoxicating liquor the board provides;	2170

(5) Purchase a warehouse in which to store items of the	2171
capitol collection trust and, whenever necessary, equipment or	2172
other property of the board.	2173

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

2174

(1) Have sole authority to coordinate and approve any	2175
improvements, additions, and renovations that are made to the	2176
capitol square. The improvements shall include, but not be limited	2177
to, the placement of monuments and sculpture on the capitol	2178
grounds.	2179

(2) Subject to section ~~3353.07~~3333.93 of the Revised Code,	2180
operate the capitol square, and have sole authority to regulate	2181
all uses of the capitol square. The uses shall include, but not be	2182
limited to, the casual and recreational use of the capitol square.	2183

(3) Employ, fix the compensation of, and prescribe the duties	2184
of the executive director of the board and other employees the	2185
board considers necessary for the performance of its powers and	2186
duties;	2187

(4) Establish and maintain the capitol collection trust. The	2188
capitol collection trust shall consist of furniture, antiques, and	2189
other items of personal property that the board shall store in	2190
suitable facilities until they are ready to be displayed in the	2191
capitol square.	2192

(5) Perform repair, construction, contracting, purchasing,	2193
maintenance, supervisory, and operating activities the board	2194
determines are necessary for the operation and maintenance of the	2195
capitol square;	2196

(6) Maintain and preserve the capitol square, in accordance	2197
with guidelines issued by the United States secretary of the	2198
interior for application of the secretary's standards for	2199
rehabilitation adopted in 36 C.F.R. part 67;	2200

(7) Plan and develop a center at the capitol building for the	2201
purpose of educating visitors about the history of Ohio, including	2202
its political, economic, and social development and the design and	2203
erection of the capitol building and its grounds.	2204

(F)(1) The board shall lease capital facilities improved or	2205
financed by the Ohio building authority pursuant to Chapter 152.	2206
of the Revised Code for the use of the board, and may enter into	2207
any other agreements with the authority ancillary to improvement,	2208
financing, or leasing of those capital facilities, including, but	2209
not limited to, any agreement required by the applicable bond	2210
proceedings authorized by Chapter 152. of the Revised Code. Any	2211
lease of capital facilities authorized by this section shall be	2212
governed by division (D) of section 152.24 of the Revised Code.	2213

(2) Fees, receipts, and revenues received by the board from	2214
the state underground parking garage constitute available receipts	2215
as defined in section 152.09 of the Revised Code, and may be	2216
pledged to the payment of bond service charges on obligations	2217
issued by the Ohio building authority pursuant to Chapter 152. of	2218
the Revised Code to improve, finance, or purchase capital	2219
facilities useful to the board. The authority may, with the	2220
consent of the board, provide in the bond proceedings for a pledge	2221
of all or a portion of those fees, receipts, and revenues as the	2222
authority determines. The authority may provide in the bond	2223
proceedings or by separate agreement with the board for the	2224
transfer of those fees, receipts, and revenues to the appropriate	2225
bond service fund or bond service reserve fund as required to pay	2226
the bond service charges when due, and any such provision for the	2227
transfer of those fees, receipts, and revenues shall be	2228
controlling notwithstanding any other provision of law pertaining	2229
to those fees, receipts, and revenues.	2230

(3) All moneys received by the treasurer of state on account	2231
of the board and required by the applicable bond proceedings or by	2232
separate agreement with the board to be deposited, transferred, or	2233
credited to the bond service fund or bond service reserve fund	2234
established by the bond proceedings shall be transferred by the	2235
treasurer of state to such fund, whether or not it is in the	2236
custody of the treasurer of state, without necessity for further	2237
appropriation, upon receipt of notice from the Ohio building	2238
authority as prescribed in the bond proceedings.	2239

(G)(1) Except as otherwise provided in division (G)(2) of	2240
this section, all fees, receipts, and revenues received by the	2241
board from the state underground parking garage shall be deposited	2242
into the state treasury to the credit of the underground parking	2243
garage operating fund, which is hereby created, to be used for the	2244
purposes specified in division (F) of this section and for the	2245
operation and maintenance of the garage. All investment earnings	2246
of the fund shall be credited to the fund.	2247

(2) There is hereby created the parking garage automated	2248
equipment fund, which shall be in the custody of the treasurer of	2249
state but shall not be part of the state treasury. Money in the	2250
fund shall be used to purchase the automated teller machine	2251
quality dollar bills needed for operation of the parking garage	2252
automated equipment. The fund shall consist of fees, receipts, or	2253
revenues received by the board from the state underground parking	2254
garage; provided, however, that the total amount deposited into	2255
the fund at any one time shall not exceed ten thousand dollars.	2256
All investment earnings of the fund shall be credited to the fund.	2257

(H) All donations received by the board shall be deposited	2258
into the state treasury to the credit of the capitol square	2259
renovation gift fund, which is hereby created. The fund shall be	2260
used by the board as follows:	2261

(1) To provide part or all of the funding related to	2262
construction, goods, or services for the renovation of the capitol	2263
square;	2264

(2) To purchase art, antiques, and artifacts for display at	2265
the capitol square;	2266

(3) To award contracts or make grants to organizations for	2267
educating the public regarding the historical background and	2268
governmental functions of the capitol square. Chapters 125., 127.,	2269
and 153. and section 3517.13 of the Revised Code do not apply to	2270
purchases made exclusively from the fund, notwithstanding anything	2271
to the contrary in those chapters or that section. All investment	2272
earnings of the fund shall be credited to the fund.	2273

(I) Except as provided in divisions (G), (H), and (J) of this	2274
section, all fees, receipts, and revenues received by the board	2275
shall be deposited into the state treasury to the credit of the	2276
sale of goods and services fund, which is hereby created. Money	2277
credited to the fund shall be used solely to pay costs of the	2278
board other than those specified in divisions (F) and (G) of this	2279
section. All investment earnings of the fund shall be credited to	2280
the fund.	2281

(J) There is hereby created in the state treasury the capitol	2282
square improvement fund, to be used by the board to pay	2283
construction, renovation, and other costs related to the capitol	2284
square for which money is not otherwise available to the board.	2285
Whenever the board determines that there is a need to incur those	2286
costs and that the unencumbered, unobligated balance to the credit	2287
of the underground parking garage operating fund exceeds the	2288
amount needed for the purposes specified in division (F) of this	2289
section and for the operation and maintenance of the garage, the	2290
board may request the director of budget and management to	2291
transfer from the underground parking garage operating fund to the	2292
capitol square improvement fund the amount needed to pay such	2293
construction, renovation, or other costs. The director then shall	2294
transfer the amount needed from the excess balance of the	2295
underground parking garage operating fund.	2296

(K) As the operation and maintenance of the capitol square	2297
constitute essential government functions of a public purpose, the	2298
board shall not be required to pay taxes or assessments upon the	2299
square, upon any property acquired or used by the board under this	2300
section, or upon any income generated by the operation of the	2301
square.	2302

(L) As used in this section, "capitol square" means the	2303
capitol building, senate building, capitol atrium, capitol	2304
grounds, the state underground parking garage, and the warehouse	2305
owned by the board.	2306

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

2307

(N) Any person may possess a firearm in a motor vehicle in	2308
the state underground parking garage at the state capitol	2309
building, if the person's possession of the firearm in the motor	2310
vehicle is not in violation of section 2923.16 of the Revised Code	2311
or any other provision of the Revised Code. Any person may store	2312
or leave a firearm in a locked motor vehicle that is parked in the	2313
state underground parking garage at the state capitol building, if	2314
the person's transportation and possession of the firearm in the	2315
motor vehicle while traveling to the garage was not in violation	2316
of section 2923.16 of the Revised Code or any other provision of	2317
the Revised Code.	2318

Sec. 107.033. As part of the state budget the governor	2319
submits to the general assembly under section 107.03 of the	2320
Revised Code, the governor shall include the state appropriation	2321
limitations the general assembly shall not exceed when making	2322
aggregate general revenue fund appropriations for each respective	2323
fiscal year of the biennium covered by that budget. The aggregate	2324
general revenue fund appropriations the governor proposes in the	2325
state budget also shall not exceed those limitations for each	2326
respective fiscal year of the biennium covered by that budget.	2327

(A) For fiscal year 2008, the state appropriation limitation	2328
is the sum of the following:	2329

(1) The aggregate general revenue fund appropriations for	2330
fiscal year 2007; plus	2331

(2) The aggregate general revenue fund appropriations for	2332
fiscal year 2007 multiplied by either three and one-half per cent,	2333
or the sum of the rate of inflation plus the rate of population	2334
change, whichever is greater.	2335

(B) For each fiscal year thereafter that is not a recast	2336
fiscal year, the state appropriation limitation is the sum of the	2337
following:	2338

(1) The state appropriation limitation for the previous	2339
fiscal year; plus	2340

(2) The state appropriation limitation for the previous	2341
fiscal year multiplied by either three and one-half per cent, or	2342
the sum of the rate of inflation plus the rate of population	2343
change, whichever is greater.	2344

(C) For each recast fiscal year, the state appropriation	2345
limitation is the sum of the following:	2346

(1) The aggregate general revenue fund appropriations for the	2347
previous fiscal year; plus	2348

(2) The aggregate general revenue fund appropriations for the	2349
previous fiscal year multiplied by either three and one-half per	2350
cent, or the sum of the rate of inflation plus the rate of	2351
population change, whichever is greater.	2352

(D) The state appropriation limitation for a fiscal year	2353
shall be increased by the amount of a nongeneral revenue fund	2354
appropriation made in the immediately preceding fiscal year, if	2355
all of the following apply to the nongeneral revenue fund	2356
appropriation:	2357

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

2358

(2) It is included in the aggregate general revenue fund	2359
appropriations proposed for that fiscal year.	2360

(3) It is being made for the first time from the general	2361
revenue fund.	2362

Sec. 107.12. (A) As used in this section, "organization"	2363
means a faith-based or other organization that is exempt from	2364
federal income taxation under section 501(c)(3) of the "Internal	2365
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended,	2366
and provides charitable services to needy residents of this state.	2367

(B) There is hereby established within the office of the	2368
governor the governor's office of faith-based and community	2369
initiatives. The office shall:	2370

(1) Serve as a clearinghouse of information on federal,	2371
state, and local funding for charitable services performed by	2372
organizations;	2373

(2) Encourage organizations to seek public funding for their	2374
charitable services;	2375

(3) Assist local, state, and federal agencies in coordinating	2376
their activities to secure maximum use of funds and efforts that	2377
benefit people receiving charitable services from organizations;	2378

(4) Advise the governor, general assembly, and the advisory	2379
board of the governor's office of faith-based and community	2380
initiatives on the barriers that exist to collaboration between	2381
organizations and governmental entities and on ways to remove the	2382
barriers.	2383

(C) The governor shall appoint an executive director and such	2384
other staff as may be necessary to manage the office and perform	2385
or oversee the performance of the duties of the office. Within	2386
sixty days after being appointed, and every twelve months	2387
thereafter, the executive director shall distribute to the	2388
advisory board and review with the board a strategic plan. The	2389
executive director shall report to the board at least quarterly on	2390
proposed initiatives and policies. A report shall include the	2391
condition of the budget and the finances of the office.	2392

(D)(1) There is hereby created the advisory board of the	2393
governor's office of faith-based and community initiatives. The	2394
board shall consist of the following members:	2395

(a) The directors of aging, ~~alcohol and drug addiction~~	2396
~~services,~~ rehabilitation and correction, health, job and family	2397
services, developmental disabilities, ~~mental health~~mental health	2398
and addiction services, and youth services, or their designees;	2399

(b) The speaker of the house of representatives shall appoint	2400
to the board two members of the house of representatives, not more	2401
than one of whom shall be from the same political party and at	2402
least one of whom shall be from the legislative black caucus. The	2403
president of the senate shall appoint to the board two members of	2404
the senate, not more than one of whom shall be from the same	2405
political party.	2406

(c) The governor, the speaker of the house of	2407
representatives, and the president of the senate shall each	2408
appoint to the board three representatives of the nonprofit,	2409
faith-based and other nonprofit community.	2410

(2) Terms of the office shall be one year. Any vacancy that	2411
occurs on the board shall be filled in the same manner as the	2412
original appointment.	2413

(3) Members of the board are not entitled to compensation,	2414
but the members appointed by the governor, the speaker of the	2415
house of representatives, and the president of the senate who are	2416
representatives of the nonprofit, faith-based and other nonprofit	2417
community shall be reimbursed for their actual and necessary	2418
expenses that are incurred in relation to board meetings.	2419

(4) The board shall be presided over by a chairperson and a	2420
vice-chairperson, who shall be the members of the board who are	2421
also members of the house of representatives or the senate.	2422
Annually on the first day of January, the chairpersonship and	2423
vice-chairpersonship shall alternate between the members of the	2424
house of representatives and the senate.	2425

(E) The board shall have the following duties:

2426

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

2427

(2) Assist in the dissemination of information about, and in	2428
the stimulation of public awareness of, the service programs	2429
supported by the office;	2430

(3) Review the budget and finances of the office, proposed	2431
initiatives and policies, and the executive director's annual	2432
strategic plan at board meetings;	2433

(4) Provide feedback for and proposed modifications of the	2434
executive director's strategic plan. Within forty-five days after	2435
submitting a strategic plan, the executive director shall contact	2436
each advisory board member to obtain feedback. With the approval	2437
of the advisory board chairperson, the executive director shall	2438
lead a strategic plan discussion at the first board meeting	2439
following the distribution of the strategic plan.	2440

(5) Publish a report of its activities and accomplishments on	2441
or before the first day of August of each year, and deliver copies	2442
of the report to the governor, the speaker and minority leader of	2443
the house of representatives, and the president and minority	2444
leader of the senate.	2445

(F) No member of the board or organization that the member	2446
is affiliated or involved with is eligible to receive any grant	2447
that the office administers or assists in administering.	2448

Sec. 109.06. Before entering upon the discharge of the	2449
duties of ~~his~~ office, the attorney general shall give a bond to	2450
the state in the sum of five thousand dollars, with ~~two or more~~	2451
~~sureties approved by the governor~~a surety authorized to do	2452
business in the state, conditioned for the faithful discharge of	2453
the duties of ~~his~~the office of attorney general. Such bond~~, with~~	2454
~~the approval of the governor~~ and the oath of office ~~indorsed~~	2455
~~thereon,~~ shall be deposited with and kept by the secretary of	2456
state ~~and kept~~ in ~~his~~the secretary of state's office.	2457

The first assistant attorney general shall give a bond to the	2458
state in the sum of five thousand dollars, and such other	2459
employees as are designated by the attorney general shall give a	2460
bond to the state in such amounts as the attorney general	2461
determines. Such bonds shall be approved by the attorney general,	2462
conditioned for the faithful discharge of the duties of their	2463
offices, and shall be deposited with and kept by the secretary of	2464
state ~~and kept~~ in ~~his~~the secretary of state's office.	2465

Sec. 109.36. As used in this section and sections 109.361 to	2466
109.366 of the Revised Code:	2467

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

2468

(a) A person who, at the time a cause of action against the	2469
person arises, is serving in an elected or appointed office or	2470
position with the state or is employed by the state.	2471

(b) A person that, at the time a cause of action against the	2472
person, partnership, or corporation arises, is rendering medical,	2473
nursing, dental, podiatric, optometric, physical therapeutic,	2474
psychiatric, or psychological services pursuant to a personal	2475
services contract or purchased service contract with a department,	2476
agency, or institution of the state.	2477

(c) A person that, at the time a cause of action against the	2478
person, partnership, or corporation arises, is rendering peer	2479
review, utilization review, or drug utilization review services in	2480
relation to medical, nursing, dental, podiatric, optometric,	2481
physical therapeutic, psychiatric, or psychological services	2482
pursuant to a personal services contract or purchased service	2483
contract with a department, agency, or institution of the state.	2484

(d) A person who, at the time a cause of action against the	2485
person arises, is rendering medical, nursing, dental, podiatric,	2486
optometric, physical therapeutic, psychiatric, or psychological	2487
services to patients in a state institution operated by the	2488
department of ~~mental health~~mental health and addiction services	2489
pursuant to an agreement with the department.	2490

(2) "Officer or employee" does not include any person	2491
elected, appointed, or employed by any political subdivision of	2492
the state.	2493

(B) "State" means the state of Ohio, including but not	2494
limited to, the general assembly, the supreme court, courts of	2495
appeals, the offices of all elected state officers, and all	2496
departments, boards, offices, commissions, agencies, institutions,	2497
and other instrumentalities of the state of Ohio. "State" does not	2498
include political subdivisions.	2499

(C) "Political subdivisions" of the state means municipal	2500
corporations, townships, counties, school districts, and all other	2501
bodies corporate and politic responsible for governmental	2502
activities only in geographical areas smaller than that of the	2503
state.	2504

(D) "Employer" means the general assembly, the supreme court,	2505
courts of appeals, any office of an elected state officer, or any	2506
department, board, office, commission, agency, institution, or	2507
other instrumentality of the state of Ohio that employs or	2508
contracts with an officer or employee or to which an officer or	2509
employee is elected or appointed.	2510

Sec. 109.57. (A)(1) The superintendent of the bureau of	2511
criminal identification and investigation shall procure from	2512
wherever procurable and file for record photographs, pictures,	2513
descriptions, fingerprints, measurements, and other information	2514
that may be pertinent of all persons who have been convicted of	2515
committing within this state a felony, any crime constituting a	2516
misdemeanor on the first offense and a felony on subsequent	2517
offenses, or any misdemeanor described in division (A)(1)(a),	2518
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	2519
all children under eighteen years of age who have been adjudicated	2520
delinquent children for committing within this state an act that	2521
would be a felony or an offense of violence if committed by an	2522
adult or who have been convicted of or pleaded guilty to	2523
committing within this state a felony or an offense of violence,	2524
and of all well-known and habitual criminals. The person in charge	2525
of any county, multicounty, municipal, municipal-county, or	2526
multicounty-municipal jail or workhouse, community-based	2527
correctional facility, halfway house, alternative residential	2528
facility, or state correctional institution and the person in	2529
charge of any state institution having custody of a person	2530
suspected of having committed a felony, any crime constituting a	2531
misdemeanor on the first offense and a felony on subsequent	2532
offenses, or any misdemeanor described in division (A)(1)(a),	2533
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	2534
having custody of a child under eighteen years of age with respect	2535
to whom there is probable cause to believe that the child may have	2536
committed an act that would be a felony or an offense of violence	2537
if committed by an adult shall furnish such material to the	2538
superintendent of the bureau. Fingerprints, photographs, or other	2539
descriptive information of a child who is under eighteen years of	2540
age, has not been arrested or otherwise taken into custody for	2541
committing an act that would be a felony or an offense of violence	2542
who is not in any other category of child specified in this	2543
division, if committed by an adult, has not been adjudicated a	2544
delinquent child for committing an act that would be a felony or	2545
an offense of violence if committed by an adult, has not been	2546
convicted of or pleaded guilty to committing a felony or an	2547
offense of violence, and is not a child with respect to whom there	2548
is probable cause to believe that the child may have committed an	2549
act that would be a felony or an offense of violence if committed	2550
by an adult shall not be procured by the superintendent or	2551
furnished by any person in charge of any county, multicounty,	2552
municipal, municipal-county, or multicounty-municipal jail or	2553
workhouse, community-based correctional facility, halfway house,	2554
alternative residential facility, or state correctional	2555
institution, except as authorized in section 2151.313 of the	2556
Revised Code.	2557

(2) Every clerk of a court of record in this state, other	2558
than the supreme court or a court of appeals, shall send to the	2559
superintendent of the bureau a weekly report containing a summary	2560
of each case involving a felony, involving any crime constituting	2561
a misdemeanor on the first offense and a felony on subsequent	2562
offenses, involving a misdemeanor described in division (A)(1)(a),	2563
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	2564
involving an adjudication in a case in which a child under	2565
eighteen years of age was alleged to be a delinquent child for	2566
committing an act that would be a felony or an offense of violence	2567
if committed by an adult. The clerk of the court of common pleas	2568
shall include in the report and summary the clerk sends under this	2569
division all information described in divisions (A)(2)(a) to (f)	2570
of this section regarding a case before the court of appeals that	2571
is served by that clerk. The summary shall be written on the	2572
standard forms furnished by the superintendent pursuant to	2573
division (B) of this section and shall include the following	2574
information:	2575

(a) The incident tracking number contained on the standard	2576
forms furnished by the superintendent pursuant to division (B) of	2577
this section;	2578

(b) The style and number of the case;

2579

2580

(d) The date that the person was convicted of or pleaded	2581
guilty to the offense, adjudicated a delinquent child for	2582
committing the act that would be a felony or an offense of	2583
violence if committed by an adult, found not guilty of the	2584
offense, or found not to be a delinquent child for committing an	2585
act that would be a felony or an offense of violence if committed	2586
by an adult, the date of an entry dismissing the charge, an entry	2587
declaring a mistrial of the offense in which the person is	2588
discharged, an entry finding that the person or child is not	2589
competent to stand trial, or an entry of a nolle prosequi, or the	2590
date of any other determination that constitutes final resolution	2591
of the case;	2592

(e) A statement of the original charge with the section of	2593
the Revised Code that was alleged to be violated;	2594

(f) If the person or child was convicted, pleaded guilty, or	2595
was adjudicated a delinquent child, the sentence or terms of	2596
probation imposed or any other disposition of the offender or the	2597
delinquent child.	2598

If the offense involved the disarming of a law enforcement	2599
officer or an attempt to disarm a law enforcement officer, the	2600
clerk shall clearly state that fact in the summary, and the	2601
superintendent shall ensure that a clear statement of that fact is	2602
placed in the bureau's records.	2603

(3) The superintendent shall cooperate with and assist	2604
sheriffs, chiefs of police, and other law enforcement officers in	2605
the establishment of a complete system of criminal identification	2606
and in obtaining fingerprints and other means of identification of	2607
all persons arrested on a charge of a felony, any crime	2608
constituting a misdemeanor on the first offense and a felony on	2609
subsequent offenses, or a misdemeanor described in division	2610
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	2611
Revised Code and of all children under eighteen years of age	2612
arrested or otherwise taken into custody for committing an act	2613
that would be a felony or an offense of violence if committed by	2614
an adult. The superintendent also shall file for record the	2615
fingerprint impressions of all persons confined in a county,	2616
multicounty, municipal, municipal-county, or multicounty-municipal	2617
jail or workhouse, community-based correctional facility, halfway	2618
house, alternative residential facility, or state correctional	2619
institution for the violation of state laws and of all children	2620
under eighteen years of age who are confined in a county,	2621
multicounty, municipal, municipal-county, or multicounty-municipal	2622
jail or workhouse, community-based correctional facility, halfway	2623
house, alternative residential facility, or state correctional	2624
institution or in any facility for delinquent children for	2625
committing an act that would be a felony or an offense of violence	2626
if committed by an adult, and any other information that the	2627
superintendent may receive from law enforcement officials of the	2628
state and its political subdivisions.	2629

(4) The superintendent shall carry out Chapter 2950. of the	2630
Revised Code with respect to the registration of persons who are	2631
convicted of or plead guilty to a sexually oriented offense or a	2632
child-victim oriented offense and with respect to all other duties	2633
imposed on the bureau under that chapter.	2634

(5) The bureau shall perform centralized recordkeeping	2635
functions for criminal history records and services in this state	2636
for purposes of the national crime prevention and privacy compact	2637
set forth in section 109.571 of the Revised Code and is the	2638
criminal history record repository as defined in that section for	2639
purposes of that compact. The superintendent or the	2640
superintendent's designee is the compact officer for purposes of	2641
that compact and shall carry out the responsibilities of the	2642
compact officer specified in that compact.	2643

(B) The superintendent shall prepare and furnish to every	2644
county, multicounty, municipal, municipal-county, or	2645
multicounty-municipal jail or workhouse, community-based	2646
correctional facility, halfway house, alternative residential	2647
facility, or state correctional institution and to every clerk of	2648
a court in this state specified in division (A)(2) of this section	2649
standard forms for reporting the information required under	2650
division (A) of this section. The standard forms that the	2651
superintendent prepares pursuant to this division may be in a	2652
tangible format, in an electronic format, or in both tangible	2653
formats and electronic formats.	2654

(C)(1) The superintendent may operate a center for	2655
electronic, automated, or other data processing for the storage	2656
and retrieval of information, data, and statistics pertaining to	2657
criminals and to children under eighteen years of age who are	2658
adjudicated delinquent children for committing an act that would	2659
be a felony or an offense of violence if committed by an adult,	2660
criminal activity, crime prevention, law enforcement, and criminal	2661
justice, and may establish and operate a statewide communications	2662
network to be known as the Ohio law enforcement gateway to gather	2663
and disseminate information, data, and statistics for the use of	2664
law enforcement agencies and for other uses specified in this	2665
division. The superintendent may gather, store, retrieve, and	2666
disseminate information, data, and statistics that pertain to	2667
children who are under eighteen years of age and that are gathered	2668
pursuant to sections 109.57 to 109.61 of the Revised Code together	2669
with information, data, and statistics that pertain to adults and	2670
that are gathered pursuant to those sections.	2671

(2) The superintendent or the superintendent's designee shall	2672
gather information of the nature described in division (C)(1) of	2673
this section that pertains to the offense and delinquency history	2674
of a person who has been convicted of, pleaded guilty to, or been	2675
adjudicated a delinquent child for committing a sexually oriented	2676
offense or a child-victim oriented offense for inclusion in the	2677
state registry of sex offenders and child-victim offenders	2678
maintained pursuant to division (A)(1) of section 2950.13 of the	2679
Revised Code and in the internet database operated pursuant to	2680
division (A)(13) of that section and for possible inclusion in the	2681
internet database operated pursuant to division (A)(11) of that	2682
section.	2683

(3) In addition to any other authorized use of information,	2684
data, and statistics of the nature described in division (C)(1) of	2685
this section, the superintendent or the superintendent's designee	2686
may provide and exchange the information, data, and statistics	2687
pursuant to the national crime prevention and privacy compact as	2688
described in division (A)(5) of this section.	2689

(4) The attorney general may adopt rules under Chapter 119.	2690
of the Revised Code establishing guidelines for the operation of	2691
and participation in the Ohio law enforcement gateway. The rules	2692
may include criteria for granting and restricting access to	2693
information gathered and disseminated through the Ohio law	2694
enforcement gateway. The attorney general shall permit the state	2695
medical board and board of nursing to access and view, but not	2696
alter, information gathered and disseminated through the Ohio law	2697
enforcement gateway.	2698

The attorney general may appoint a steering committee to	2699
advise the attorney general in the operation of the Ohio law	2700
enforcement gateway that is comprised of persons who are	2701
representatives of the criminal justice agencies in this state	2702
that use the Ohio law enforcement gateway and is chaired by the	2703
superintendent or the superintendent's designee.	2704

(D)(1) The following are not public records under section	2705
149.43 of the Revised Code:	2706

(a) Information and materials furnished to the superintendent	2707
pursuant to division (A) of this section;	2708

(b) Information, data, and statistics gathered or	2709
disseminated through the Ohio law enforcement gateway pursuant to	2710
division (C)(1) of this section;	2711

(c) Information and materials furnished to any board or	2712
person under division (F) or (G) of this section.	2713

(2) The superintendent or the superintendent's designee shall	2714
gather and retain information so furnished under division (A) of	2715
this section that pertains to the offense and delinquency history	2716
of a person who has been convicted of, pleaded guilty to, or been	2717
adjudicated a delinquent child for committing a sexually oriented	2718
offense or a child-victim oriented offense for the purposes	2719
described in division (C)(2) of this section.	2720

(E)(1) The attorney general shall adopt rules, in accordance	2721
with Chapter 119. of the Revised Code and subject to division	2722
(E)(2) of this section, setting forth the procedure by which a	2723
person may receive or release information gathered by the	2724
superintendent pursuant to division (A) of this section. A	2725
reasonable fee may be charged for this service. If a temporary	2726
employment service submits a request for a determination of	2727
whether a person the service plans to refer to an employment	2728
position has been convicted of or pleaded guilty to an offense	2729
listed or described in division (A)(1), (2), or (3) of section	2730
109.572 of the Revised Code, the request shall be treated as a	2731
single request and only one fee shall be charged.	2732

(2) Except as otherwise provided in this division, a rule	2733
adopted under division (E)(1) of this section may provide only for	2734
the release of information gathered pursuant to division (A) of	2735
this section that relates to the conviction of a person, or a	2736
person's plea of guilty to, a criminal offense. The superintendent	2737
shall not release, and the attorney general shall not adopt any	2738
rule under division (E)(1) of this section that permits the	2739
release of, any information gathered pursuant to division (A) of	2740
this section that relates to an adjudication of a child as a	2741
delinquent child, or that relates to a criminal conviction of a	2742
person under eighteen years of age if the person's case was	2743
transferred back to a juvenile court under division (B)(2) or (3)	2744
of section 2152.121 of the Revised Code and the juvenile court	2745
imposed a disposition or serious youthful offender disposition	2746
upon the person under either division, unless either of the	2747
following applies with respect to the adjudication or conviction:	2748

(a) The adjudication or conviction was for a violation of	2749
section 2903.01 or 2903.02 of the Revised Code.	2750

(b) The adjudication or conviction was for a sexually	2751
oriented offense, the juvenile court was required to classify the	2752
child a juvenile offender registrant for that offense under	2753
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	2754
classification has not been removed.	2755

(F)(1) As used in division (F)(2) of this section, "head	2756
start agency" means an entity in this state that has been approved	2757
to be an agency for purposes of subchapter II of the "Community	2758
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	2759
as amended.	2760

(2)(a) In addition to or in conjunction with any request that	2761
is required to be made under section 109.572, 2151.86, 3301.32,	2762
3301.541, division (C) of section 3310.58, or section 3319.39,	2763
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	2764
5153.111 of the Revised Code or that is made under section	2765
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	2766
board of education of any school district; the director of	2767
developmental disabilities; any county board of developmental	2768
disabilities; any provider or subcontractor as defined in section	2769
5123.081 of the Revised Code; the chief administrator of any	2770
chartered nonpublic school; the chief administrator of a	2771
registered private provider that is not also a chartered nonpublic	2772
school; the chief administrator of any home health agency; the	2773
chief administrator of or person operating any child day-care	2774
center, type A family day-care home, or type B family day-care	2775
home licensed or certified under Chapter 5104. of the Revised	2776
Code; the administrator of any type C family day-care home	2777
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	2778
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	2779
general assembly; the chief administrator of any head start	2780
agency; the executive director of a public children services	2781
agency; a private company described in section 3314.41, 3319.392,	2782
3326.25, or 3328.20 of the Revised Code; or an employer described	2783
in division (J)(2) of section 3327.10 of the Revised Code may	2784
request that the superintendent of the bureau investigate and	2785
determine, with respect to any individual who has applied for	2786
employment in any position after October 2, 1989, or any	2787
individual wishing to apply for employment with a board of	2788
education may request, with regard to the individual, whether the	2789
bureau has any information gathered under division (A) of this	2790
section that pertains to that individual. On receipt of the	2791
request, subject to division (E)(2) of this section, the	2792
superintendent shall determine whether that information exists	2793
and, upon request of the person, board, or entity requesting	2794
information, also shall request from the federal bureau of	2795
investigation any criminal records it has pertaining to that	2796
individual. The superintendent or the superintendent's designee	2797
also may request criminal history records from other states or the	2798
federal government pursuant to the national crime prevention and	2799
privacy compact set forth in section 109.571 of the Revised Code.	2800
Within thirty days of the date that the superintendent receives a	2801
request, subject to division (E)(2) of this section, the	2802
superintendent shall send to the board, entity, or person a report	2803
of any information that the superintendent determines exists,	2804
including information contained in records that have been sealed	2805
under section 2953.32 of the Revised Code, and, within thirty days	2806
of its receipt, subject to division (E)(2) of this section, shall	2807
send the board, entity, or person a report of any information	2808
received from the federal bureau of investigation, other than	2809
information the dissemination of which is prohibited by federal	2810
law.	2811

(b) When a board of education or a registered private	2812
provider is required to receive information under this section as	2813
a prerequisite to employment of an individual pursuant to division	2814
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	2815
may accept a certified copy of records that were issued by the	2816
bureau of criminal identification and investigation and that are	2817
presented by an individual applying for employment with the	2818
district in lieu of requesting that information itself. In such a	2819
case, the board shall accept the certified copy issued by the	2820
bureau in order to make a photocopy of it for that individual's	2821
employment application documents and shall return the certified	2822
copy to the individual. In a case of that nature, a district or	2823
provider only shall accept a certified copy of records of that	2824
nature within one year after the date of their issuance by the	2825
bureau.	2826

(c) Notwithstanding division (F)(2)(a) of this section, in	2827
the case of a request under section 3319.39, 3319.391, or 3327.10	2828
of the Revised Code only for criminal records maintained by the	2829
federal bureau of investigation, the superintendent shall not	2830
determine whether any information gathered under division (A) of	2831
this section exists on the person for whom the request is made.	2832

(3) The state board of education may request, with respect to	2833
any individual who has applied for employment after October 2,	2834
1989, in any position with the state board or the department of	2835
education, any information that a school district board of	2836
education is authorized to request under division (F)(2) of this	2837
section, and the superintendent of the bureau shall proceed as if	2838
the request has been received from a school district board of	2839
education under division (F)(2) of this section.	2840

(4) When the superintendent of the bureau receives a request	2841
for information under section 3319.291 of the Revised Code, the	2842
superintendent shall proceed as if the request has been received	2843
from a school district board of education and shall comply with	2844
divisions (F)(2)(a) and (c) of this section.	2845

(5) When a recipient of a classroom reading improvement grant	2846
paid under section 3301.86 of the Revised Code requests, with	2847
respect to any individual who applies to participate in providing	2848
any program or service funded in whole or in part by the grant,	2849
the information that a school district board of education is	2850
authorized to request under division (F)(2)(a) of this section,	2851
the superintendent of the bureau shall proceed as if the request	2852
has been received from a school district board of education under	2853
division (F)(2)(a) of this section.	2854

(G) In addition to or in conjunction with any request that is	2855
required to be made under section 3701.881, 3712.09, or 3721.121	2856
of the Revised Code with respect to an individual who has applied	2857
for employment in a position that involves providing direct care	2858
to an older adult or adult resident, the chief administrator of a	2859
home health agency, hospice care program, home licensed under	2860
Chapter 3721. of the Revised Code, or adult day-care program	2861
operated pursuant to rules adopted under section 3721.04 of the	2862
Revised Code may request that the superintendent of the bureau	2863
investigate and determine, with respect to any individual who has	2864
applied after January 27, 1997, for employment in a position that	2865
does not involve providing direct care to an older adult or adult	2866
resident, whether the bureau has any information gathered under	2867
division (A) of this section that pertains to that individual.	2868

In addition to or in conjunction with any request that is	2869
required to be made under section 173.27 of the Revised Code with	2870
respect to an individual who has applied for employment in a	2871
position that involves providing ombudsperson services to	2872
residents of long-term care facilities or recipients of	2873
community-based long-term care services, the state long-term care	2874
ombudsperson, ~~ombudsperson's designee, or~~the director of ~~health~~	2875
aging, a regional long-term care ombudsperson, or the designee of	2876
the ombudsperson, director, or program may request that the	2877
superintendent investigate and determine, with respect to any	2878
individual who has applied for employment in a position that does	2879
not involve providing such ombudsperson services, whether the	2880
bureau has any information gathered under division (A) of this	2881
section that pertains to that applicant.	2882

In addition to or in conjunction with any request that is	2883
required to be made under section ~~173.394~~173.38 of the Revised	2884
Code with respect to an individual who has applied for employment	2885
in a direct-care position ~~that involves providing direct care to~~	2886
~~an individual~~, the chief administrator of a ~~community-based~~	2887
~~long-term care agency~~provider, as defined in section 173.39 of	2888
the Revised Code, may request that the superintendent investigate	2889
and determine, with respect to any individual who has applied for	2890
employment in a position that ~~does~~is not ~~involve providing direct~~	2891
~~care~~a direct-care position, whether the bureau has any	2892
information gathered under division (A) of this section that	2893
pertains to that applicant.	2894

In addition to or in conjunction with any request that is	2895
required to be made under section 3712.09 of the Revised Code with	2896
respect to an individual who has applied for employment in a	2897
position that involves providing direct care to a pediatric	2898
respite care patient, the chief administrator of a pediatric	2899
respite care program may request that the superintendent of the	2900
bureau investigate and determine, with respect to any individual	2901
who has applied for employment in a position that does not involve	2902
providing direct care to a pediatric respite care patient, whether	2903
the bureau has any information gathered under division (A) of this	2904
section that pertains to that individual.	2905

On receipt of a request under this division, the	2906
superintendent shall determine whether that information exists	2907
and, on request of the individual requesting information, shall	2908
also request from the federal bureau of investigation any criminal	2909
records it has pertaining to the applicant. The superintendent or	2910
the superintendent's designee also may request criminal history	2911
records from other states or the federal government pursuant to	2912
the national crime prevention and privacy compact set forth in	2913
section 109.571 of the Revised Code. Within thirty days of the	2914
date a request is received, subject to division (E)(2) of this	2915
section, the superintendent shall send to the requester a report	2916
of any information determined to exist, including information	2917
contained in records that have been sealed under section 2953.32	2918
of the Revised Code, and, within thirty days of its receipt, shall	2919
send the requester a report of any information received from the	2920
federal bureau of investigation, other than information the	2921
dissemination of which is prohibited by federal law.	2922

(H) Information obtained by a government entity or person	2923
under this section is confidential and shall not be released or	2924
disseminated.	2925

(I) The superintendent may charge a reasonable fee for	2926
providing information or criminal records under division (F)(2) or	2927
(G) of this section.	2928

(J) As used in this section:

2929

(1) "Pediatric respite care program" and "pediatric respite	2930
care patient" have the same meanings as in section 3712.01 of the	2931
Revised Code.	2932

(2) "Sexually oriented offense" and "child-victim oriented	2933
offense" have the same meanings as in section 2950.01 of the	2934
Revised Code.	2935

(3) "Registered private provider" means a nonpublic school or	2936
entity registered with the superintendent of public instruction	2937
under section 3310.41 of the Revised Code to participate in the	2938
autism scholarship program or section 3310.58 of the Revised Code	2939
to participate in the Jon Peterson special needs scholarship	2940
program.	2941

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	2942
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	2943
a completed form prescribed pursuant to division (C)(1) of this	2944
section, and a set of fingerprint impressions obtained in the	2945
manner described in division (C)(2) of this section, the	2946
superintendent of the bureau of criminal identification and	2947
investigation shall conduct a criminal records check in the manner	2948
described in division (B) of this section to determine whether any	2949
information exists that indicates that the person who is the	2950
subject of the request previously has been convicted of or pleaded	2951
guilty to any of the following:	2952

(a) A violation of section 2903.01, 2903.02, 2903.03,	2953
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2954
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	2955
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	2956
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	2957
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	2958
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	2959
2925.06, or 3716.11 of the Revised Code, felonious sexual	2960
penetration in violation of former section 2907.12 of the Revised	2961
Code, a violation of section 2905.04 of the Revised Code as it	2962
existed prior to July 1, 1996, a violation of section 2919.23 of	2963
the Revised Code that would have been a violation of section	2964
2905.04 of the Revised Code as it existed prior to July 1, 1996,	2965
had the violation been committed prior to that date, or a	2966
violation of section 2925.11 of the Revised Code that is not a	2967
minor drug possession offense;	2968

(b) A violation of an existing or former law of this state,	2969
any other state, or the United States that is substantially	2970
equivalent to any of the offenses listed in division (A)(1)(a) of	2971
this section;	2972

(c) If the request is made pursuant to section 3319.39 of the	2973
Revised Code for an applicant who is a teacher, any offense	2974
specified in section 3319.31 of the Revised Code.	2975

(2) On receipt of a request pursuant to section 3712.09 or	2976
3721.121 of the Revised Code, a completed form prescribed pursuant	2977
to division (C)(1) of this section, and a set of fingerprint	2978
impressions obtained in the manner described in division (C)(2) of	2979
this section, the superintendent of the bureau of criminal	2980
identification and investigation shall conduct a criminal records	2981
check with respect to any person who has applied for employment in	2982
a position for which a criminal records check is required by those	2983
sections. The superintendent shall conduct the criminal records	2984
check in the manner described in division (B) of this section to	2985
determine whether any information exists that indicates that the	2986
person who is the subject of the request previously has been	2987
convicted of or pleaded guilty to any of the following:	2988

(a) A violation of section 2903.01, 2903.02, 2903.03,	2989
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	2990
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	2991
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	2992
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	2993
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	2994
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	2995
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	2996
2925.22, 2925.23, or 3716.11 of the Revised Code;	2997

(b) An existing or former law of this state, any other state,	2998
or the United States that is substantially equivalent to any of	2999
the offenses listed in division (A)(2)(a) of this section.	3000

(3) On receipt of a request pursuant to section 173.27,	3001
~~173.394~~173.38, 3701.881, ~~5111.032~~5164.34, ~~5111.033~~5164.341,	3002
~~5111.034~~5164.342, 5123.081, or 5123.169 of the Revised Code, a	3003
completed form prescribed pursuant to division (C)(1) of this	3004
section, and a set of fingerprint impressions obtained in the	3005
manner described in division (C)(2) of this section, the	3006
superintendent of the bureau of criminal identification and	3007
investigation shall conduct a criminal records check of the person	3008
for whom the request is made. The superintendent shall conduct the	3009
criminal records check in the manner described in division (B) of	3010
this section to determine whether any information exists that	3011
indicates that the person who is the subject of the request	3012
previously has been convicted of, has pleaded guilty to, or	3013
(except in the case of a request pursuant to section 5164.34,	3014
5164.341, or 5164.342 of the Revised Code) has been found eligible	3015
for intervention in lieu of conviction for any of the following,	3016
regardless of the date of the conviction, the date of entry of the	3017
guilty plea, or (except in the case of a request pursuant to	3018
section 5164.34, 5164.341, or 5164.342 of the Revised Code) the	3019
date the person was found eligible for intervention in lieu of	3020
conviction:	3021

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	3022
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	3023
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	3024
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	3025
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3026
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	3027
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	3028
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	3029
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	3030
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3031
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	3032
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	3033
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	3034
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	3035
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	3036
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	3037
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	3038
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	3039
2927.12, or 3716.11 of the Revised Code;	3040

(b) Felonious sexual penetration in violation of former	3041
section 2907.12 of the Revised Code;	3042

(c) A violation of section 2905.04 of the Revised Code as it	3043
existed prior to July 1, 1996;	3044

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	3045
the Revised Code when the underlying offense that is the object of	3046
the conspiracy, attempt, or complicity is one of the offenses	3047
listed in divisions (A)(3)(a) to (c) of this section;	3048

(e) A violation of an existing or former municipal ordinance	3049
or law of this state, any other state, or the United States that	3050
is substantially equivalent to any of the offenses listed in	3051
divisions (A)(3)(a) to (d) of this section.	3052

(4) On receipt of a request pursuant to section 2151.86 of	3053
the Revised Code, a completed form prescribed pursuant to division	3054
(C)(1) of this section, and a set of fingerprint impressions	3055
obtained in the manner described in division (C)(2) of this	3056
section, the superintendent of the bureau of criminal	3057
identification and investigation shall conduct a criminal records	3058
check in the manner described in division (B) of this section to	3059
determine whether any information exists that indicates that the	3060
person who is the subject of the request previously has been	3061
convicted of or pleaded guilty to any of the following:	3062

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	3063
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	3064
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	3065
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	3066
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3067
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	3068
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	3069
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	3070
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	3071
of the Revised Code, a violation of section 2905.04 of the Revised	3072
Code as it existed prior to July 1, 1996, a violation of section	3073
2919.23 of the Revised Code that would have been a violation of	3074
section 2905.04 of the Revised Code as it existed prior to July 1,	3075
1996, had the violation been committed prior to that date, a	3076
violation of section 2925.11 of the Revised Code that is not a	3077
minor drug possession offense, two or more OVI or OVUAC violations	3078
committed within the three years immediately preceding the	3079
submission of the application or petition that is the basis of the	3080
request, or felonious sexual penetration in violation of former	3081
section 2907.12 of the Revised Code;	3082

(b) A violation of an existing or former law of this state,	3083
any other state, or the United States that is substantially	3084
equivalent to any of the offenses listed in division (A)(4)(a) of	3085
this section.	3086

(5) Upon receipt of a request pursuant to section 5104.012 or	3087
5104.013 of the Revised Code, a completed form prescribed pursuant	3088
to division (C)(1) of this section, and a set of fingerprint	3089
impressions obtained in the manner described in division (C)(2) of	3090
this section, the superintendent of the bureau of criminal	3091
identification and investigation shall conduct a criminal records	3092
check in the manner described in division (B) of this section to	3093
determine whether any information exists that indicates that the	3094
person who is the subject of the request has been convicted of or	3095
pleaded guilty to any of the following:	3096

(a) A violation of section 2903.01, 2903.02, 2903.03,	3097
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	3098
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	3099
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	3100
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	3101
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	3102
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	3103
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	3104
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	3105
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	3106
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	3107
3716.11 of the Revised Code, felonious sexual penetration in	3108
violation of former section 2907.12 of the Revised Code, a	3109
violation of section 2905.04 of the Revised Code as it existed	3110
prior to July 1, 1996, a violation of section 2919.23 of the	3111
Revised Code that would have been a violation of section 2905.04	3112
of the Revised Code as it existed prior to July 1, 1996, had the	3113
violation been committed prior to that date, a violation of	3114
section 2925.11 of the Revised Code that is not a minor drug	3115
possession offense, a violation of section 2923.02 or 2923.03 of	3116
the Revised Code that relates to a crime specified in this	3117
division, or a second violation of section 4511.19 of the Revised	3118
Code within five years of the date of application for licensure or	3119
certification.	3120

(b) A violation of an existing or former law of this state,	3121
any other state, or the United States that is substantially	3122
equivalent to any of the offenses or violations described in	3123
division (A)(5)(a) of this section.	3124

(6) Upon receipt of a request pursuant to section 5153.111 of	3125
the Revised Code, a completed form prescribed pursuant to division	3126
(C)(1) of this section, and a set of fingerprint impressions	3127
obtained in the manner described in division (C)(2) of this	3128
section, the superintendent of the bureau of criminal	3129
identification and investigation shall conduct a criminal records	3130
check in the manner described in division (B) of this section to	3131
determine whether any information exists that indicates that the	3132
person who is the subject of the request previously has been	3133
convicted of or pleaded guilty to any of the following:	3134

(a) A violation of section 2903.01, 2903.02, 2903.03,	3135
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3136
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3137
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3138
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	3139
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	3140
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	3141
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	3142
felonious sexual penetration in violation of former section	3143
2907.12 of the Revised Code, a violation of section 2905.04 of the	3144
Revised Code as it existed prior to July 1, 1996, a violation of	3145
section 2919.23 of the Revised Code that would have been a	3146
violation of section 2905.04 of the Revised Code as it existed	3147
prior to July 1, 1996, had the violation been committed prior to	3148
that date, or a violation of section 2925.11 of the Revised Code	3149
that is not a minor drug possession offense;	3150

(b) A violation of an existing or former law of this state,	3151
any other state, or the United States that is substantially	3152
equivalent to any of the offenses listed in division (A)(6)(a) of	3153
this section.	3154

(7) On receipt of a request for a criminal records check from	3155
an individual pursuant to section 4749.03 or 4749.06 of the	3156
Revised Code, accompanied by a completed copy of the form	3157
prescribed in division (C)(1) of this section and a set of	3158
fingerprint impressions obtained in a manner described in division	3159
(C)(2) of this section, the superintendent of the bureau of	3160
criminal identification and investigation shall conduct a criminal	3161
records check in the manner described in division (B) of this	3162
section to determine whether any information exists indicating	3163
that the person who is the subject of the request has been	3164
convicted of or pleaded guilty to a felony in this state or in any	3165
other state. If the individual indicates that a firearm will be	3166
carried in the course of business, the superintendent shall	3167
require information from the federal bureau of investigation as	3168
described in division (B)(2) of this section. Subject to division	3169
(F) of this section, the superintendent shall report the findings	3170
of the criminal records check and any information the federal	3171
bureau of investigation provides to the director of public safety.	3172

(8) On receipt of a request pursuant to section 169.16,	3173
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the	3174
Revised Code, a completed form prescribed pursuant to division	3175
(C)(1) of this section, and a set of fingerprint impressions	3176
obtained in the manner described in division (C)(2) of this	3177
section, the superintendent of the bureau of criminal	3178
identification and investigation shall conduct a criminal records	3179
check with respect to any person who has applied for a license,	3180
permit, or certification from the department of commerce or a	3181
division in the department. The superintendent shall conduct the	3182
criminal records check in the manner described in division (B) of	3183
this section to determine whether any information exists that	3184
indicates that the person who is the subject of the request	3185
previously has been convicted of or pleaded guilty to any of the	3186
following: a violation of section 2913.02, 2913.11, 2913.31,	3187
2913.51, or 2925.03 of the Revised Code; any other criminal	3188
offense involving theft, receiving stolen property, embezzlement,	3189
forgery, fraud, passing bad checks, money laundering, or drug	3190
trafficking, or any criminal offense involving money or	3191
securities, as set forth in Chapters 2909., 2911., 2913., 2915.,	3192
2921., 2923., and 2925. of the Revised Code; or any existing or	3193
former law of this state, any other state, or the United States	3194
that is substantially equivalent to those offenses.	3195

(9) On receipt of a request for a criminal records check from	3196
the treasurer of state under section 113.041 of the Revised Code	3197
or from an individual under section 4701.08, 4715.101, 4717.061,	3198
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	3199
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	3200
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	3201
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	3202
4762.06, 4776.021, or 4779.091 of the Revised Code, accompanied by	3203
a completed form prescribed under division (C)(1) of this section	3204
and a set of fingerprint impressions obtained in the manner	3205
described in division (C)(2) of this section, the superintendent	3206
of the bureau of criminal identification and investigation shall	3207
conduct a criminal records check in the manner described in	3208
division (B) of this section to determine whether any information	3209
exists that indicates that the person who is the subject of the	3210
request has been convicted of or pleaded guilty to any criminal	3211
offense in this state or any other state. Subject to division (F)	3212
of this section, the superintendent shall send the results of a	3213
check requested under section 113.041 of the Revised Code to the	3214
treasurer of state and shall send the results of a check requested	3215
under any of the other listed sections to the licensing board	3216
specified by the individual in the request.	3217

(10) On receipt of a request pursuant to section 1121.23,	3218
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	3219
Code, a completed form prescribed pursuant to division (C)(1) of	3220
this section, and a set of fingerprint impressions obtained in the	3221
manner described in division (C)(2) of this section, the	3222
superintendent of the bureau of criminal identification and	3223
investigation shall conduct a criminal records check in the manner	3224
described in division (B) of this section to determine whether any	3225
information exists that indicates that the person who is the	3226
subject of the request previously has been convicted of or pleaded	3227
guilty to any criminal offense under any existing or former law of	3228
this state, any other state, or the United States.	3229

(11) On receipt of a request for a criminal records check	3230
from an appointing or licensing authority under section 3772.07 of	3231
the Revised Code, a completed form prescribed under division	3232
(C)(1) of this section, and a set of fingerprint impressions	3233
obtained in the manner prescribed in division (C)(2) of this	3234
section, the superintendent of the bureau of criminal	3235
identification and investigation shall conduct a criminal records	3236
check in the manner described in division (B) of this section to	3237
determine whether any information exists that indicates that the	3238
person who is the subject of the request previously has been	3239
convicted of or pleaded guilty or no contest to any offense under	3240
any existing or former law of this state, any other state, or the	3241
United States that is a disqualifying offense as defined in	3242
section 3772.07 of the Revised Code or substantially equivalent to	3243
such an offense.	3244

(12) On receipt of a request pursuant to section 2151.33 or	3245
2151.412 of the Revised Code, a completed form prescribed pursuant	3246
to division (C)(1) of this section, and a set of fingerprint	3247
impressions obtained in the manner described in division (C)(2) of	3248
this section, the superintendent of the bureau of criminal	3249
identification and investigation shall conduct a criminal records	3250
check with respect to any person for whom a criminal records check	3251
is required by that section. The superintendent shall conduct the	3252
criminal records check in the manner described in division (B) of	3253
this section to determine whether any information exists that	3254
indicates that the person who is the subject of the request	3255
previously has been convicted of or pleaded guilty to any of the	3256
following:	3257

(a) A violation of section 2903.01, 2903.02, 2903.03,	3258
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3259
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3260
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3261
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3262
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3263
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3264
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3265
2925.22, 2925.23, or 3716.11 of the Revised Code;	3266

(b) An existing or former law of this state, any other state,	3267
or the United States that is substantially equivalent to any of	3268
the offenses listed in division (A)(12)(a) of this section.	3269

(B) Subject to division (F) of this section, the	3270
superintendent shall conduct any criminal records check to be	3271
conducted under this section as follows:	3272

(1) The superintendent shall review or cause to be reviewed	3273
any relevant information gathered and compiled by the bureau under	3274
division (A) of section 109.57 of the Revised Code that relates to	3275
the person who is the subject of the criminal records check,	3276
including, if the criminal records check was requested under	3277
section 113.041, 121.08, 169.16, 173.27, ~~173.394~~173.38, 1121.23,	3278
1155.03, 1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03,	3279
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	3280
3701.881, 3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05,	3281
5104.012, 5104.013, ~~5111.032~~5164.34, ~~5111.033~~5164.341, ~~5111.034~~	3282
5164.342, 5123.081, 5123.169, or 5153.111 of the Revised Code, any	3283
relevant information contained in records that have been sealed	3284
under section 2953.32 of the Revised Code;	3285

(2) If the request received by the superintendent asks for	3286
information from the federal bureau of investigation, the	3287
superintendent shall request from the federal bureau of	3288
investigation any information it has with respect to the person	3289
who is the subject of the criminal records check, including	3290
fingerprint-based checks of national crime information databases	3291
as described in 42 U.S.C. 671 if the request is made pursuant to	3292
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	3293
any other Revised Code section requires fingerprint-based checks	3294
of that nature, and shall review or cause to be reviewed any	3295
information the superintendent receives from that bureau. If a	3296
request under section 3319.39 of the Revised Code asks only for	3297
information from the federal bureau of investigation, the	3298
superintendent shall not conduct the review prescribed by division	3299
(B)(1) of this section.	3300

(3) The superintendent or the superintendent's designee may	3301
request criminal history records from other states or the federal	3302
government pursuant to the national crime prevention and privacy	3303
compact set forth in section 109.571 of the Revised Code.	3304

(4) The superintendent shall include in the results of the	3305
criminal records check a list or description of the offenses	3306
listed or described in division (A)(1), (2), (3), (4), (5), (6),	3307
(7), (8), (9), (10), (11), or (12) of this section, whichever	3308
division requires the superintendent to conduct the criminal	3309
records check. The superintendent shall exclude from the results	3310
any information the dissemination of which is prohibited by	3311
federal law.	3312

(5) The superintendent shall send the results of the criminal	3313
records check to the person to whom it is to be sent not later	3314
than the following number of days after the date the	3315
superintendent receives the request for the criminal records	3316
check, the completed form prescribed under division (C)(1) of this	3317
section, and the set of fingerprint impressions obtained in the	3318
manner described in division (C)(2) of this section:	3319

(a) If the superintendent is required by division (A) of this	3320
section (other than division (A)(3) of this section) to conduct	3321
the criminal records check, thirty;	3322

(b) If the superintendent is required by division (A)(3) of	3323
this section to conduct the criminal records check, sixty.	3324

(C)(1) The superintendent shall prescribe a form to obtain	3325
the information necessary to conduct a criminal records check from	3326
any person for whom a criminal records check is to be conducted	3327
under this section. The form that the superintendent prescribes	3328
pursuant to this division may be in a tangible format, in an	3329
electronic format, or in both tangible and electronic formats.	3330

(2) The superintendent shall prescribe standard impression	3331
sheets to obtain the fingerprint impressions of any person for	3332
whom a criminal records check is to be conducted under this	3333
section. Any person for whom a records check is to be conducted	3334
under this section shall obtain the fingerprint impressions at a	3335
county sheriff's office, municipal police department, or any other	3336
entity with the ability to make fingerprint impressions on the	3337
standard impression sheets prescribed by the superintendent. The	3338
office, department, or entity may charge the person a reasonable	3339
fee for making the impressions. The standard impression sheets the	3340
superintendent prescribes pursuant to this division may be in a	3341
tangible format, in an electronic format, or in both tangible and	3342
electronic formats.	3343

(3) Subject to division (D) of this section, the	3344
superintendent shall prescribe and charge a reasonable fee for	3345
providing a criminal records check under this section. The person	3346
requesting the criminal records check shall pay the fee prescribed	3347
pursuant to this division. In the case of a request under section	3348
169.16, 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26,	3349
2151.33, 2151.412, or ~~5111.032~~5164.34 of the Revised Code, the	3350
fee shall be paid in the manner specified in that section.	3351

(4) The superintendent of the bureau of criminal	3352
identification and investigation may prescribe methods of	3353
forwarding fingerprint impressions and information necessary to	3354
conduct a criminal records check, which methods shall include, but	3355
not be limited to, an electronic method.	3356

(D) The results of a criminal records check conducted under	3357
this section, other than a criminal records check specified in	3358
division (A)(7) of this section, are valid for the person who is	3359
the subject of the criminal records check for a period of one year	3360
from the date upon which the superintendent completes the criminal	3361
records check. If during that period the superintendent receives	3362
another request for a criminal records check to be conducted under	3363
this section for that person, the superintendent shall provide the	3364
results from the previous criminal records check of the person at	3365
a lower fee than the fee prescribed for the initial criminal	3366
records check.	3367

(E) When the superintendent receives a request for	3368
information from a registered private provider, the superintendent	3369
shall proceed as if the request was received from a school	3370
district board of education under section 3319.39 of the Revised	3371
Code. The superintendent shall apply division (A)(1)(c) of this	3372
section to any such request for an applicant who is a teacher.	3373

(F)(1) All information regarding the results of a criminal	3374
records check conducted under this section that the superintendent	3375
reports or sends under division (A)(7) or (9) of this section to	3376
the director of public safety, the treasurer of state, or the	3377
person, board, or entity that made the request for the criminal	3378
records check shall relate to the conviction of the subject	3379
person, or the subject person's plea of guilty to, a criminal	3380
offense.	3381

(2) Division (F)(1) of this section does not limit, restrict,	3382
or preclude the superintendent's release of information that	3383
relates to an adjudication of a child as a delinquent child, or	3384
that relates to a criminal conviction of a person under eighteen	3385
years of age if the person's case was transferred back to a	3386
juvenile court under division (B)(2) or (3) of section 2152.121 of	3387
the Revised Code and the juvenile court imposed a disposition or	3388
serious youthful offender disposition upon the person under either	3389
division, if either of the following applies with respect to the	3390
adjudication or conviction:	3391

(a) The adjudication or conviction was for a violation of	3392
section 2903.01 or 2903.02 of the Revised Code.	3393

(b) The adjudication or conviction was for a sexually	3394
oriented offense, as defined in section 2950.01 of the Revised	3395
Code, the juvenile court was required to classify the child a	3396
juvenile offender registrant for that offense under section	3397
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	3398
classification has not been removed.	3399

(G) As used in this section:

3400

(1) "Criminal records check" means any criminal records check	3401
conducted by the superintendent of the bureau of criminal	3402
identification and investigation in accordance with division (B)	3403
of this section.	3404

(2) "Minor drug possession offense" has the same meaning as	3405
in section 2925.01 of the Revised Code.	3406

(3) "OVI or OVUAC violation" means a violation of section	3407
4511.19 of the Revised Code or a violation of an existing or	3408
former law of this state, any other state, or the United States	3409
that is substantially equivalent to section 4511.19 of the Revised	3410
Code.	3411

(4) "Registered private provider" means a nonpublic school or	3412
entity registered with the superintendent of public instruction	3413
under section 3310.41 of the Revised Code to participate in the	3414
autism scholarship program or section 3310.58 of the Revised Code	3415
to participate in the Jon Peterson special needs scholarship	3416
program.	3417

Sec. 109.71. There is hereby created in the office of the	3418
attorney general the Ohio peace officer training commission. The	3419
commission shall consist of nine members appointed by the governor	3420
with the advice and consent of the senate and selected as follows:	3421
one member representing the public; two members who are incumbent	3422
sheriffs; two members who are incumbent chiefs of police; one	3423
member from the bureau of criminal identification and	3424
investigation; one member from the state highway patrol; one	3425
member who is the special agent in charge of a field office of the	3426
federal bureau of investigation in this state; and one member from	3427
the department of education, trade and industrial education	3428
services, law enforcement training.	3429

This section does not confer any arrest authority or any	3430
ability or authority to detain a person, write or issue any	3431
citation, or provide any disposition alternative, as granted under	3432
Chapter 2935. of the Revised Code.	3433

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

3434

(A) "Peace officer" means:

3435

(1) A deputy sheriff, marshal, deputy marshal, member of the	3436
organized police department of a township or municipal	3437
corporation, member of a township police district or joint police	3438
district police force, member of a police force employed by a	3439
metropolitan housing authority under division (D) of section	3440
3735.31 of the Revised Code, or township constable, who is	3441
commissioned and employed as a peace officer by a political	3442
subdivision of this state or by a metropolitan housing authority,	3443
and whose primary duties are to preserve the peace, to protect	3444
life and property, and to enforce the laws of this state,	3445
ordinances of a municipal corporation, resolutions of a township,	3446
or regulations of a board of county commissioners or board of	3447
township trustees, or any of those laws, ordinances, resolutions,	3448
or regulations;	3449

(2) A police officer who is employed by a railroad company	3450
and appointed and commissioned by the secretary of state pursuant	3451
to sections 4973.17 to 4973.22 of the Revised Code;	3452

(3) Employees of the department of taxation engaged in the	3453
enforcement of Chapter 5743. of the Revised Code and designated by	3454
the tax commissioner for peace officer training for purposes of	3455
the delegation of investigation powers under section 5743.45 of	3456
the Revised Code;	3457

(4) An undercover drug agent;

3458

(5) Enforcement agents of the department of public safety	3459
whom the director of public safety designates under section	3460
5502.14 of the Revised Code;	3461

(6) An employee of the department of natural resources who is	3462
a natural resources law enforcement staff officer designated	3463
pursuant to section 1501.013, a park officer designated pursuant	3464
to section 1541.10, a forest officer designated pursuant to	3465
section 1503.29, a preserve officer designated pursuant to section	3466
1517.10, a wildlife officer designated pursuant to section	3467
1531.13, or a state watercraft officer designated pursuant to	3468
section 1547.521 of the Revised Code;	3469

(7) An employee of a park district who is designated pursuant	3470
to section 511.232 or 1545.13 of the Revised Code;	3471

(8) An employee of a conservancy district who is designated	3472
pursuant to section 6101.75 of the Revised Code;	3473

(9) A police officer who is employed by a hospital that	3474
employs and maintains its own proprietary police department or	3475
security department, and who is appointed and commissioned by the	3476
secretary of state pursuant to sections 4973.17 to 4973.22 of the	3477
Revised Code;	3478

(10) Veterans' homes police officers designated under section	3479
5907.02 of the Revised Code;	3480

(11) A police officer who is employed by a qualified	3481
nonprofit corporation police department pursuant to section	3482
1702.80 of the Revised Code;	3483

(12) A state university law enforcement officer appointed	3484
under section 3345.04 of the Revised Code or a person serving as a	3485
state university law enforcement officer on a permanent basis on	3486
June 19, 1978, who has been awarded a certificate by the executive	3487
director of the Ohio peace officer training commission attesting	3488
to the person's satisfactory completion of an approved state,	3489
county, municipal, or department of natural resources peace	3490
officer basic training program;	3491

(13) A special police officer employed by the department of	3492
~~mental health~~mental health and addiction services pursuant to	3493
section ~~5119.14~~5119.08 of the Revised Code or the department of	3494
developmental disabilities pursuant to section 5123.13 of the	3495
Revised Code;	3496

(14) A member of a campus police department appointed under	3497
section 1713.50 of the Revised Code;	3498

(15) A member of a police force employed by a regional	3499
transit authority under division (Y) of section 306.35 of the	3500
Revised Code;	3501

(16) Investigators appointed by the auditor of state pursuant	3502
to section 117.091 of the Revised Code and engaged in the	3503
enforcement of Chapter 117. of the Revised Code;	3504

(17) A special police officer designated by the	3505
superintendent of the state highway patrol pursuant to section	3506
5503.09 of the Revised Code or a person who was serving as a	3507
special police officer pursuant to that section on a permanent	3508
basis on October 21, 1997, and who has been awarded a certificate	3509
by the executive director of the Ohio peace officer training	3510
commission attesting to the person's satisfactory completion of an	3511
approved state, county, municipal, or department of natural	3512
resources peace officer basic training program;	3513

(18) A special police officer employed by a port authority	3514
under section 4582.04 or 4582.28 of the Revised Code or a person	3515
serving as a special police officer employed by a port authority	3516
on a permanent basis on May 17, 2000, who has been awarded a	3517
certificate by the executive director of the Ohio peace officer	3518
training commission attesting to the person's satisfactory	3519
completion of an approved state, county, municipal, or department	3520
of natural resources peace officer basic training program;	3521

(19) A special police officer employed by a municipal	3522
corporation who has been awarded a certificate by the executive	3523
director of the Ohio peace officer training commission for	3524
satisfactory completion of an approved peace officer basic	3525
training program and who is employed on a permanent basis on or	3526
after March 19, 2003, at a municipal airport, or other municipal	3527
air navigation facility, that has scheduled operations, as defined	3528
in section 119.3 of Title 14 of the Code of Federal Regulations,	3529
14 C.F.R. 119.3, as amended, and that is required to be under a	3530
security program and is governed by aviation security rules of the	3531
transportation security administration of the United States	3532
department of transportation as provided in Parts 1542. and 1544.	3533
of Title 49 of the Code of Federal Regulations, as amended;	3534

(20) A police officer who is employed by an owner or operator	3535
of an amusement park that has an average yearly attendance in	3536
excess of six hundred thousand guests and that employs and	3537
maintains its own proprietary police department or security	3538
department, and who is appointed and commissioned by a judge of	3539
the appropriate municipal court or county court pursuant to	3540
section 4973.17 of the Revised Code;	3541

(21) A police officer who is employed by a bank, savings and	3542
loan association, savings bank, credit union, or association of	3543
banks, savings and loan associations, savings banks, or credit	3544
unions, who has been appointed and commissioned by the secretary	3545
of state pursuant to sections 4973.17 to 4973.22 of the Revised	3546
Code, and who has been awarded a certificate by the executive	3547
director of the Ohio peace officer training commission attesting	3548
to the person's satisfactory completion of a state, county,	3549
municipal, or department of natural resources peace officer basic	3550
training program;	3551

(22) An investigator, as defined in section 109.541 of the	3552
Revised Code, of the bureau of criminal identification and	3553
investigation who is commissioned by the superintendent of the	3554
bureau as a special agent for the purpose of assisting law	3555
enforcement officers or providing emergency assistance to peace	3556
officers pursuant to authority granted under that section;	3557

(23) A state fire marshal law enforcement officer appointed	3558
under section 3737.22 of the Revised Code or a person serving as a	3559
state fire marshal law enforcement officer on a permanent basis on	3560
or after July 1, 1982, who has been awarded a certificate by the	3561
executive director of the Ohio peace officer training commission	3562
attesting to the person's satisfactory completion of an approved	3563
state, county, municipal, or department of natural resources peace	3564
officer basic training program;	3565

(24) A gaming agent employed under section 3772.03 of the	3566
Revised Code.	3567

(B) "Undercover drug agent" has the same meaning as in	3568
division (B)(2) of section 109.79 of the Revised Code.	3569

(C) "Crisis intervention training" means training in the use	3570
of interpersonal and communication skills to most effectively and	3571
sensitively interview victims of rape.	3572

(D) "Missing children" has the same meaning as in section	3573
2901.30 of the Revised Code.	3574

Sec. 109.746. (A) The attorney general may prepare public	3575
awareness programs that are designed to educate potential victims	3576
of violations of section 2905.32 of the Revised Code and their	3577
families of the risks of becoming a victim of a violation of that	3578
section. The attorney general may prepare these programs with	3579
assistance from the department of health, the department of ~~mental~~	3580
~~health~~mental health and addiction services, the department of job	3581
and family services~~, the department of alcohol and drug addiction~~	3582
~~services~~, and the department of education.	3583

(B) Any organization, person, or other governmental agency	3584
with an interest and expertise in trafficking in persons may	3585
submit information or materials to the attorney general regarding	3586
the preparation of the programs and materials permitted under this	3587
section. The attorney general, in developing the programs and	3588
materials permitted by this section, shall consider any	3589
information submitted pursuant to this division.	3590

Sec. 109.77. (A) As used in this section, "felony" has the	3591
same meaning as in section 109.511 of the Revised Code.	3592

(B)(1) Notwithstanding any general, special, or local law or	3593
charter to the contrary, and except as otherwise provided in this	3594
section, no person shall receive an original appointment on a	3595
permanent basis as any of the following unless the person	3596
previously has been awarded a certificate by the executive	3597
director of the Ohio peace officer training commission attesting	3598
to the person's satisfactory completion of an approved state,	3599
county, municipal, or department of natural resources peace	3600
officer basic training program:	3601

(a) A peace officer of any county, township, municipal	3602
corporation, regional transit authority, or metropolitan housing	3603
authority;	3604

(b) A natural resources law enforcement staff officer, park	3605
officer, forest officer, preserve officer, wildlife officer, or	3606
state watercraft officer of the department of natural resources;	3607

(c) An employee of a park district under section 511.232 or	3608
1545.13 of the Revised Code;	3609

(d) An employee of a conservancy district who is designated	3610
pursuant to section 6101.75 of the Revised Code;	3611

(e) A state university law enforcement officer;

3612

(f) A special police officer employed by the department of	3613
~~mental health~~mental health and addiction services pursuant to	3614
section ~~5119.14~~5119.08 of the Revised Code or the department of	3615
developmental disabilities pursuant to section 5123.13 of the	3616
Revised Code;	3617

(g) An enforcement agent of the department of public safety	3618
whom the director of public safety designates under section	3619
5502.14 of the Revised Code;	3620

(h) A special police officer employed by a port authority	3621
under section 4582.04 or 4582.28 of the Revised Code;	3622

(i) A special police officer employed by a municipal	3623
corporation at a municipal airport, or other municipal air	3624
navigation facility, that has scheduled operations, as defined in	3625
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3626
C.F.R. 119.3, as amended, and that is required to be under a	3627
security program and is governed by aviation security rules of the	3628
transportation security administration of the United States	3629
department of transportation as provided in Parts 1542. and 1544.	3630
of Title 49 of the Code of Federal Regulations, as amended;	3631

(j) A gaming agent employed under section 3772.03 of the	3632
Revised Code.	3633

(2) Every person who is appointed on a temporary basis or for	3634
a probationary term or on other than a permanent basis as any of	3635
the following shall forfeit the appointed position unless the	3636
person previously has completed satisfactorily or, within the time	3637
prescribed by rules adopted by the attorney general pursuant to	3638
section 109.74 of the Revised Code, satisfactorily completes a	3639
state, county, municipal, or department of natural resources peace	3640
officer basic training program for temporary or probationary	3641
officers and is awarded a certificate by the director attesting to	3642
the satisfactory completion of the program:	3643

(a) A peace officer of any county, township, municipal	3644
corporation, regional transit authority, or metropolitan housing	3645
authority;	3646

(b) A natural resources law enforcement staff officer, park	3647
officer, forest officer, preserve officer, wildlife officer, or	3648
state watercraft officer of the department of natural resources;	3649

(c) An employee of a park district under section 511.232 or	3650
1545.13 of the Revised Code;	3651

(d) An employee of a conservancy district who is designated	3652
pursuant to section 6101.75 of the Revised Code;	3653

(e) A special police officer employed by the department of	3654
~~mental health~~mental health and addiction services pursuant to	3655
section ~~5119.14~~5119.08 of the Revised Code or the department of	3656
developmental disabilities pursuant to section 5123.13 of the	3657
Revised Code;	3658

(f) An enforcement agent of the department of public safety	3659
whom the director of public safety designates under section	3660
5502.14 of the Revised Code;	3661

(g) A special police officer employed by a port authority	3662
under section 4582.04 or 4582.28 of the Revised Code;	3663

(h) A special police officer employed by a municipal	3664
corporation at a municipal airport, or other municipal air	3665
navigation facility, that has scheduled operations, as defined in	3666
section 119.3 of Title 14 of the Code of Federal Regulations, 14	3667
C.F.R. 119.3, as amended, and that is required to be under a	3668
security program and is governed by aviation security rules of the	3669
transportation security administration of the United States	3670
department of transportation as provided in Parts 1542. and 1544.	3671
of Title 49 of the Code of Federal Regulations, as amended.	3672

(3) For purposes of division (B) of this section, a state,	3673
county, municipal, or department of natural resources peace	3674
officer basic training program, regardless of whether the program	3675
is to be completed by peace officers appointed on a permanent or	3676
temporary, probationary, or other nonpermanent basis, shall	3677
include training in the handling of the offense of domestic	3678
violence, other types of domestic violence-related offenses and	3679
incidents, and protection orders and consent agreements issued or	3680
approved under section 2919.26 or 3113.31 of the Revised Code and	3681
crisis intervention training. The requirement to complete training	3682
in the handling of the offense of domestic violence, other types	3683
of domestic violence-related offenses and incidents, and	3684
protection orders and consent agreements issued or approved under	3685
section 2919.26 or 3113.31 of the Revised Code does not apply to	3686
any person serving as a peace officer on March 27, 1979, and the	3687
requirement to complete training in crisis intervention does not	3688
apply to any person serving as a peace officer on April 4, 1985.	3689
Any person who is serving as a peace officer on April 4, 1985, who	3690
terminates that employment after that date, and who subsequently	3691
is hired as a peace officer by the same or another law enforcement	3692
agency shall complete training in crisis intervention as	3693
prescribed by rules adopted by the attorney general pursuant to	3694
section 109.742 of the Revised Code. No peace officer shall have	3695
employment as a peace officer terminated and then be reinstated	3696
with intent to circumvent this section.	3697

(4) Division (B) of this section does not apply to any person	3698
serving on a permanent basis on March 28, 1985, as a park officer,	3699
forest officer, preserve officer, wildlife officer, or state	3700
watercraft officer of the department of natural resources or as an	3701
employee of a park district under section 511.232 or 1545.13 of	3702
the Revised Code, to any person serving on a permanent basis on	3703
March 6, 1986, as an employee of a conservancy district designated	3704
pursuant to section 6101.75 of the Revised Code, to any person	3705
serving on a permanent basis on January 10, 1991, as a preserve	3706
officer of the department of natural resources, to any person	3707
employed on a permanent basis on July 2, 1992, as a special police	3708
officer by the department of ~~mental health~~mental health and	3709
addiction services pursuant to section ~~5119.14~~5119.08 of the	3710
Revised Code or by the department of developmental disabilities	3711
pursuant to section 5123.13 of the Revised Code, to any person	3712
serving on a permanent basis on May 17, 2000, as a special police	3713
officer employed by a port authority under section 4582.04 or	3714
4582.28 of the Revised Code, to any person serving on a permanent	3715
basis on March 19, 2003, as a special police officer employed by a	3716
municipal corporation at a municipal airport or other municipal	3717
air navigation facility described in division (A)(19) of section	3718
109.71 of the Revised Code, to any person serving on a permanent	3719
basis on June 19, 1978, as a state university law enforcement	3720
officer pursuant to section 3345.04 of the Revised Code and who,	3721
immediately prior to June 19, 1978, was serving as a special	3722
police officer designated under authority of that section, or to	3723
any person serving on a permanent basis on September 20, 1984, as	3724
a liquor control investigator, known after June 30, 1999, as an	3725
enforcement agent of the department of public safety, engaged in	3726
the enforcement of Chapters 4301. and 4303. of the Revised Code.	3727

(5) Division (B) of this section does not apply to any person	3728
who is appointed as a regional transit authority police officer	3729
pursuant to division (Y) of section 306.35 of the Revised Code if,	3730
on or before July 1, 1996, the person has completed satisfactorily	3731
an approved state, county, municipal, or department of natural	3732
resources peace officer basic training program and has been	3733
awarded a certificate by the executive director of the Ohio peace	3734
officer training commission attesting to the person's satisfactory	3735
completion of such an approved program and if, on July 1, 1996,	3736
the person is performing peace officer functions for a regional	3737
transit authority.	3738

(C) No person, after September 20, 1984, shall receive an	3739
original appointment on a permanent basis as a veterans' home	3740
police officer designated under section 5907.02 of the Revised	3741
Code unless the person previously has been awarded a certificate	3742
by the executive director of the Ohio peace officer training	3743
commission attesting to the person's satisfactory completion of an	3744
approved police officer basic training program. Every person who	3745
is appointed on a temporary basis or for a probationary term or on	3746
other than a permanent basis as a veterans' home police officer	3747
designated under section 5907.02 of the Revised Code shall forfeit	3748
that position unless the person previously has completed	3749
satisfactorily or, within one year from the time of appointment,	3750
satisfactorily completes an approved police officer basic training	3751
program.	3752

(D) No bailiff or deputy bailiff of a court of record of this	3753
state and no criminal investigator who is employed by the state	3754
public defender shall carry a firearm, as defined in section	3755
2923.11 of the Revised Code, while on duty unless the bailiff,	3756
deputy bailiff, or criminal investigator has done or received one	3757
of the following:	3758

(1) Has been awarded a certificate by the executive director	3759
of the Ohio peace officer training commission, which certificate	3760
attests to satisfactory completion of an approved state, county,	3761
or municipal basic training program for bailiffs and deputy	3762
bailiffs of courts of record and for criminal investigators	3763
employed by the state public defender that has been recommended by	3764
the Ohio peace officer training commission;	3765

(2) Has successfully completed a firearms training program	3766
approved by the Ohio peace officer training commission prior to	3767
employment as a bailiff, deputy bailiff, or criminal investigator;	3768

(3) Prior to June 6, 1986, was authorized to carry a firearm	3769
by the court that employed the bailiff or deputy bailiff or, in	3770
the case of a criminal investigator, by the state public defender	3771
and has received training in the use of firearms that the Ohio	3772
peace officer training commission determines is equivalent to the	3773
training that otherwise is required by division (D) of this	3774
section.	3775

(E)(1) Before a person seeking a certificate completes an	3776
approved peace officer basic training program, the executive	3777
director of the Ohio peace officer training commission shall	3778
request the person to disclose, and the person shall disclose, any	3779
previous criminal conviction of or plea of guilty of that person	3780
to a felony.	3781

(2) Before a person seeking a certificate completes an	3782
approved peace officer basic training program, the executive	3783
director shall request a criminal history records check on the	3784
person. The executive director shall submit the person's	3785
fingerprints to the bureau of criminal identification and	3786
investigation, which shall submit the fingerprints to the federal	3787
bureau of investigation for a national criminal history records	3788
check.	3789

Upon receipt of the executive director's request, the bureau	3790
of criminal identification and investigation and the federal	3791
bureau of investigation shall conduct a criminal history records	3792
check on the person and, upon completion of the check, shall	3793
provide a copy of the criminal history records check to the	3794
executive director. The executive director shall not award any	3795
certificate prescribed in this section unless the executive	3796
director has received a copy of the criminal history records check	3797
on the person to whom the certificate is to be awarded.	3798

(3) The executive director of the commission shall not award	3799
a certificate prescribed in this section to a person who has been	3800
convicted of or has pleaded guilty to a felony or who fails to	3801
disclose any previous criminal conviction of or plea of guilty to	3802
a felony as required under division (E)(1) of this section.	3803

(4) The executive director of the commission shall revoke the	3804
certificate awarded to a person as prescribed in this section, and	3805
that person shall forfeit all of the benefits derived from being	3806
certified as a peace officer under this section, if the person,	3807
before completion of an approved peace officer basic training	3808
program, failed to disclose any previous criminal conviction of or	3809
plea of guilty to a felony as required under division (E)(1) of	3810
this section.	3811

(F)(1) Regardless of whether the person has been awarded the	3812
certificate or has been classified as a peace officer prior to,	3813
on, or after October 16, 1996, the executive director of the Ohio	3814
peace officer training commission shall revoke any certificate	3815
that has been awarded to a person as prescribed in this section if	3816
the person does either of the following:	3817

(a) Pleads guilty to a felony committed on or after January	3818
1, 1997;	3819

(b) Pleads guilty to a misdemeanor committed on or after	3820
January 1, 1997, pursuant to a negotiated plea agreement as	3821
provided in division (D) of section 2929.43 of the Revised Code in	3822
which the person agrees to surrender the certificate awarded to	3823
the person under this section.	3824

(2) The executive director of the commission shall suspend	3825
any certificate that has been awarded to a person as prescribed in	3826
this section if the person is convicted, after trial, of a felony	3827
committed on or after January 1, 1997. The executive director	3828
shall suspend the certificate pursuant to division (F)(2) of this	3829
section pending the outcome of an appeal by the person from that	3830
conviction to the highest court to which the appeal is taken or	3831
until the expiration of the period in which an appeal is required	3832
to be filed. If the person files an appeal that results in that	3833
person's acquittal of the felony or conviction of a misdemeanor,	3834
or in the dismissal of the felony charge against that person, the	3835
executive director shall reinstate the certificate awarded to the	3836
person under this section. If the person files an appeal from that	3837
person's conviction of the felony and the conviction is upheld by	3838
the highest court to which the appeal is taken or if the person	3839
does not file a timely appeal, the executive director shall revoke	3840
the certificate awarded to the person under this section.	3841

(G)(1) If a person is awarded a certificate under this	3842
section and the certificate is revoked pursuant to division (E)(4)	3843
or (F) of this section, the person shall not be eligible to	3844
receive, at any time, a certificate attesting to the person's	3845
satisfactory completion of a peace officer basic training program.	3846

(2) The revocation or suspension of a certificate under	3847
division (E)(4) or (F) of this section shall be in accordance with	3848
Chapter 119. of the Revised Code.	3849

(H)(1) A person who was employed as a peace officer of a	3850
county, township, or municipal corporation of the state on January	3851
1, 1966, and who has completed at least sixteen years of full-time	3852
active service as such a peace officer, or equivalent service as	3853
determined by the executive director of the Ohio peace officer	3854
training commission, may receive an original appointment on a	3855
permanent basis and serve as a peace officer of a county,	3856
township, or municipal corporation, or as a state university law	3857
enforcement officer, without complying with the requirements of	3858
division (B) of this section.	3859

(2) Any person who held an appointment as a state highway	3860
trooper on January 1, 1966, may receive an original appointment on	3861
a permanent basis and serve as a peace officer of a county,	3862
township, or municipal corporation, or as a state university law	3863
enforcement officer, without complying with the requirements of	3864
division (B) of this section.	3865

(I) No person who is appointed as a peace officer of a	3866
county, township, or municipal corporation on or after April 9,	3867
1985, shall serve as a peace officer of that county, township, or	3868
municipal corporation unless the person has received training in	3869
the handling of missing children and child abuse and neglect cases	3870
from an approved state, county, township, or municipal police	3871
officer basic training program or receives the training within the	3872
time prescribed by rules adopted by the attorney general pursuant	3873
to section 109.741 of the Revised Code.	3874

(J) No part of any approved state, county, or municipal basic	3875
training program for bailiffs and deputy bailiffs of courts of	3876
record and no part of any approved state, county, or municipal	3877
basic training program for criminal investigators employed by the	3878
state public defender shall be used as credit toward the	3879
completion by a peace officer of any part of the approved state,	3880
county, or municipal peace officer basic training program that the	3881
peace officer is required by this section to complete	3882
satisfactorily.	3883

(K) This section does not apply to any member of the police	3884
department of a municipal corporation in an adjoining state	3885
serving in this state under a contract pursuant to section 737.04	3886
of the Revised Code.	3887

Sec. 109.85. (A) Upon the written request of the governor,	3888
the general assembly, the auditor of state, the medicaid director	3889
~~of job and family services~~, the director of health, or the	3890
director of budget and management, or upon the attorney general's	3891
becoming aware of criminal or improper activity related to Chapter	3892
3721. and the ~~medical assistance~~medicaid program ~~established~~	3893
~~under section 5111.01 of the Revised Code~~, the attorney general	3894
shall investigate any criminal or civil violation of law related	3895
to Chapter 3721. of the Revised Code or the ~~medical assistance~~	3896
medicaid program.	3897

(B) When it appears to the attorney general, as a result of	3898
an investigation under division (A) of this section, that there is	3899
cause to prosecute for the commission of a crime or to pursue a	3900
civil remedy, the attorney general may refer the evidence to the	3901
prosecuting attorney having jurisdiction of the matter, or to a	3902
regular grand jury drawn and impaneled pursuant to sections	3903
2939.01 to 2939.24 of the Revised Code, or to a special grand jury	3904
drawn and impaneled pursuant to section 2939.17 of the Revised	3905
Code, or the attorney general may initiate and prosecute any	3906
necessary criminal or civil actions in any court or tribunal of	3907
competent jurisdiction in this state. When proceeding under this	3908
section, the attorney general, and any assistant or special	3909
counsel designated by the attorney general for that purpose, have	3910
all rights, privileges, and powers of prosecuting attorneys. The	3911
attorney general shall have exclusive supervision and control of	3912
all investigations and prosecutions initiated by the attorney	3913
general under this section. The forfeiture provisions of Chapter	3914
2981. of the Revised Code apply in relation to any such criminal	3915
action initiated and prosecuted by the attorney general.	3916

(C) Nothing in this section shall prevent a county	3917
prosecuting attorney from investigating and prosecuting criminal	3918
activity related to Chapter 3721. of the Revised Code and the	3919
~~medical assistance~~medicaid program ~~established under section~~	3920
~~5111.01 of the Revised Code~~. The forfeiture provisions of Chapter	3921
2981. of the Revised Code apply in relation to any prosecution of	3922
criminal activity related to the ~~medical assistance~~medicaid	3923
program undertaken by the prosecuting attorney.	3924

Sec. 109.86. (A) The attorney general shall investigate any	3925
activity the attorney general has reasonable cause to believe is	3926
in violation of section 2903.34 of the Revised Code. Upon written	3927
request of the governor, the general assembly, the auditor of	3928
state, or the director of health, job and family services, aging,	3929
~~mental health~~mental health and addiction services, or	3930
developmental disabilities, the attorney general shall investigate	3931
any activity these persons believe is in violation of section	3932
2903.34 of the Revised Code. If after an investigation the	3933
attorney general has probable cause to prosecute for the	3934
commission of a crime, the attorney general shall refer the	3935
evidence to the prosecuting attorney, director of law, or other	3936
similar chief legal officer having jurisdiction over the matter.	3937
If the prosecuting attorney decides to present the evidence to a	3938
grand jury, the prosecuting attorney shall notify the attorney	3939
general in writing of the decision within thirty days after	3940
referral of the matter and shall present the evidence prior to the	3941
discharge of the next regular grand jury. If the director of law	3942
or other chief legal officer decides to prosecute the case, the	3943
director or officer shall notify the attorney general in writing	3944
of the decision within thirty days and shall initiate prosecution	3945
within sixty days after the matter was referred to the director or	3946
officer.	3947

(B) If the prosecuting attorney, director of law, or other	3948
chief legal officer fails to notify the attorney general or to	3949
present evidence or initiate prosecution in accordance with	3950
division (A) of this section, the attorney general may present the	3951
evidence to a regular grand jury drawn and impaneled pursuant to	3952
sections 2939.01 to 2939.24 of the Revised Code, or to a special	3953
grand jury drawn and impaneled pursuant to section 2939.17 of the	3954
Revised Code, or the attorney general may initiate and prosecute	3955
any action in any court or tribunal of competent jurisdiction in	3956
this state. The attorney general, and any assistant or special	3957
counsel designated by the attorney general, have all the powers of	3958
a prosecuting attorney, director of law, or other chief legal	3959
officer when proceeding under this section. Nothing in this	3960
section shall limit or prevent a prosecuting attorney, director of	3961
law, or other chief legal officer from investigating and	3962
prosecuting criminal activity committed against a resident or	3963
patient of a care facility.	3964

Sec. 109.90. (A) The attorney general shall collaborate with	3965
the state board of pharmacy and director of ~~alcohol and drug~~	3966
~~addiction services~~mental health and addiction services in the	3967
establishment and administration of a drug take-back program, as	3968
provided under section 4729.69 of the Revised Code. The office of	3969
the attorney general is solely responsible for the costs incurred	3970
in the establishment and administration of the program.	3971

(B) The attorney general may accept grants, gifts, or	3972
donations for purposes of the program. Money received under this	3973
division or section ~~3793.22~~5119.49 or 4729.69 of the Revised Code	3974
shall be deposited into the state treasury to the credit of the	3975
drug take-back program fund, which is hereby created. Money	3976
credited to the fund shall be used solely for purposes of the	3977
program.	3978

Sec. 111.02. Before entering upon the discharge of the	3979
duties of ~~his~~ office, the secretary of state shall give a bond to	3980
the state in the sum of one hundred thousand dollars, with ~~two or~~	3981
~~more sureties approved by the governor, auditor of state, and~~	3982
~~attorney general~~a surety authorized to do business in the state,	3983
conditioned for the faithful discharge of the duties of ~~his~~the	3984
office of secretary of state. The bond~~, with the approval of the~~	3985
~~proper officials~~ and the oath of office ~~indorsed thereon,~~ shall be	3986
deposited with and kept by the director of administrative services	3987
~~and kept~~ in ~~his~~the director's office.	3988

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

3989

(1) "Rule" includes any rule, regulation, bylaw, or standard	3990
having a general and uniform operation adopted by an agency under	3991
the authority of the laws governing the agency; any appendix to a	3992
rule; and any internal management rule. "Rule" does not include	3993
any guideline adopted pursuant to section 3301.0714 of the Revised	3994
Code, any order respecting the duties of employees, any finding,	3995
any determination of a question of law or fact in a matter	3996
presented to an agency, or any rule promulgated pursuant to	3997
Chapter 119., section 4141.14, division (C)(1) or (2) of section	3998
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	3999
any amendment or rescission of a rule.	4000

(2) "Agency" means any governmental entity of the state and	4001
includes, but is not limited to, any board, department, division,	4002
commission, bureau, society, council, institution, state college	4003
or university, community college district, technical college	4004
district, or state community college. "Agency" does not include	4005
the general assembly, the controlling board, the adjutant	4006
general's department, or any court.	4007

(3) "Internal management rule" means any rule, regulation,	4008
bylaw, or standard governing the day-to-day staff procedures and	4009
operations within an agency.	4010

(4) "Substantive revision" has the same meaning as in	4011
division (J) of section 119.01 of the Revised Code.	4012

(B)(1) Any rule, other than a rule of an emergency nature,	4013
adopted by any agency pursuant to this section shall be effective	4014
on the tenth day after the day on which the rule in final form and	4015
in compliance with division (B)(3) of this section is filed as	4016
follows:	4017

(a) The rule shall be filed in electronic form with both the	4018
secretary of state and the director of the legislative service	4019
commission;	4020

(b) The rule shall be filed in electronic form with the joint	4021
committee on agency rule review. Division (B)(1)(b) of this	4022
section does not apply to any rule to which division (D) of this	4023
section does not apply.	4024

An agency that adopts or amends a rule that is subject to	4025
division (D) of this section shall assign a review date to the	4026
rule that is not later than five years after its effective date.	4027
If no review date is assigned to a rule, or if a review date	4028
assigned to a rule exceeds the five-year maximum, the review date	4029
for the rule is five years after its effective date. A rule with a	4030
review date is subject to review under section 119.032 of the	4031
Revised Code. This paragraph does not apply to a rule of a state	4032
college or university, community college district, technical	4033
college district, or state community college.	4034

If all filings are not completed on the same day, the rule	4035
shall be effective on the tenth day after the day on which the	4036
latest filing is completed. If an agency in adopting a rule	4037
designates an effective date that is later than the effective date	4038
provided for by division (B)(1) of this section, the rule if filed	4039
as required by such division shall become effective on the later	4040
date designated by the agency.	4041

Any rule that is required to be filed under division (B)(1)	4042
of this section is also subject to division (D) of this section if	4043
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	4044
(8) of this section.	4045

If a rule incorporates a text or other material by reference,	4046
the agency shall comply with sections 121.71 to 121.76 of the	4047
Revised Code.	4048

(2) A rule of an emergency nature necessary for the immediate	4049
preservation of the public peace, health, or safety shall state	4050
the reasons for the necessity. The emergency rule, in final form	4051
and in compliance with division (B)(3) of this section, shall be	4052
filed in electronic form with the secretary of state, the director	4053
of the legislative service commission, and the joint committee on	4054
agency rule review. The emergency rule is effective immediately	4055
upon completion of the latest filing, except that if the agency in	4056
adopting the emergency rule designates an effective date, or date	4057
and time of day, that is later than the effective date and time	4058
provided for by division (B)(2) of this section, the emergency	4059
rule if filed as required by such division shall become effective	4060
at the later date, or later date and time of day, designated by	4061
the agency.	4062

An emergency rule becomes invalid at the end of the ninetieth	4063
day it is in effect. Prior to that date, the agency may file the	4064
emergency rule as a nonemergency rule in compliance with division	4065
(B)(1) of this section. The agency may not refile the emergency	4066
rule in compliance with division (B)(2) of this section so that,	4067
upon the emergency rule becoming invalid under such division, the	4068
emergency rule will continue in effect without interruption for	4069
another ninety-day period.	4070

(3) An agency shall file a rule under division (B)(1) or (2)	4071
of this section in compliance with the following standards and	4072
procedures:	4073

(a) The rule shall be numbered in accordance with the	4074
numbering system devised by the director for the Ohio	4075
administrative code.	4076

(b) The rule shall be prepared and submitted in compliance	4077
with the rules of the legislative service commission.	4078

(c) The rule shall clearly state the date on which it is to	4079
be effective and the date on which it will expire, if known.	4080

(d) Each rule that amends or rescinds another rule shall	4081
clearly refer to the rule that is amended or rescinded. Each	4082
amendment shall fully restate the rule as amended.	4083

If the director of the legislative service commission or the	4084
director's designee gives an agency notice pursuant to section	4085
103.05 of the Revised Code that a rule filed by the agency is not	4086
in compliance with the rules of the legislative service	4087
commission, the agency shall within thirty days after receipt of	4088
the notice conform the rule to the rules of the commission as	4089
directed in the notice.	4090

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	4091
of this section shall be recorded by the secretary of state and	4092
the director under the title of the agency adopting the rule and	4093
shall be numbered according to the numbering system devised by the	4094
director. The secretary of state and the director shall preserve	4095
the rules in an accessible manner. Each such rule shall be a	4096
public record open to public inspection and may be transmitted to	4097
any law publishing company that wishes to reproduce it.	4098

(D) At least sixty-five days before a board, commission,	4099
department, division, or bureau of the government of the state	4100
files a rule under division (B)(1) of this section, it shall file	4101
the full text of the proposed rule in electronic form with the	4102
joint committee on agency rule review, and the proposed rule is	4103
subject to legislative review and invalidation under division (I)	4104
of section 119.03 of the Revised Code. If a state board,	4105
commission, department, division, or bureau makes a substantive	4106
revision in a proposed rule after it is filed with the joint	4107
committee, the state board, commission, department, division, or	4108
bureau shall promptly file the full text of the proposed rule in	4109
its revised form in electronic form with the joint committee. The	4110
latest version of a proposed rule as filed with the joint	4111
committee supersedes each earlier version of the text of the same	4112
proposed rule. ~~Except as provided in division (F) of this section,~~	4113
aA state board, commission, department, division, or bureau shall	4114
also file the rule summary and fiscal analysis prepared under	4115
section 127.18 of the Revised Code in electronic form along with a	4116
proposed rule, and along with a proposed rule in revised form,	4117
that is filed under this division. If a proposed rule has an	4118
adverse impact on businesses, the state board, commission,	4119
department, division, or bureau also shall file the business	4120
impact analysis, any recommendations received from the common	4121
sense initiative office, and the associated memorandum of	4122
response, if any, in electronic form along with the proposed rule,	4123
or the proposed rule in revised form, that is filed under this	4124
division.	4125

As used in this division, "commission" includes the public	4126
utilities commission when adopting rules under a federal or state	4127
statute.	4128

This division does not apply to any of the following:

4129

(1) A proposed rule of an emergency nature;

4130

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	4131
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	4132
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	4133
Code;	4134

(3) A rule proposed by an agency other than a board,	4135
commission, department, division, or bureau of the government of	4136
the state;	4137

(4) A proposed internal management rule of a board,	4138
commission, department, division, or bureau of the government of	4139
the state;	4140

(5) Any proposed rule that must be adopted verbatim by an	4141
agency pursuant to federal law or rule, to become effective within	4142
sixty days of adoption, in order to continue the operation of a	4143
federally reimbursed program in this state, so long as the	4144
proposed rule contains both of the following:	4145

(a) A statement that it is proposed for the purpose of	4146
complying with a federal law or rule;	4147

(b) A citation to the federal law or rule that requires	4148
verbatim compliance.	4149

(6) An initial rule proposed by the director of health to	4150
impose safety standards and quality-of-care standards with respect	4151
to a health service specified in section 3702.11 of the Revised	4152
Code, or an initial rule proposed by the director to impose	4153
quality standards on a facility listed in division (A)(4) of	4154
section 3702.30 of the Revised Code, if section 3702.12 of the	4155
Revised Code requires that the rule be adopted under this section;	4156

(7) A rule of the state lottery commission pertaining to	4157
instant game rules.	4158

If a rule is exempt from legislative review under division	4159
(D)(5) of this section, and if the federal law or rule pursuant to	4160
which the rule was adopted expires, is repealed or rescinded, or	4161
otherwise terminates, the rule is thereafter subject to	4162
legislative review under division (D) of this section.	4163

(E) Whenever a state board, commission, department, division,	4164
or bureau files a proposed rule or a proposed rule in revised form	4165
under division (D) of this section, it shall also file the full	4166
text of the same proposed rule or proposed rule in revised form in	4167
electronic form with the secretary of state and the director of	4168
the legislative service commission. ~~Except as provided in division~~	4169
~~(F) of this section, a~~A state board, commission, department,	4170
division, or bureau shall file the rule summary and fiscal	4171
analysis prepared under section 127.18 of the Revised Code in	4172
electronic form along with a proposed rule or proposed rule in	4173
revised form that is filed with the secretary of state or the	4174
director of the legislative service commission.	4175

~~(F) Except as otherwise provided in this division, the~~	4176
~~auditor of state or the auditor of state's designee is not~~	4177
~~required to file a rule summary and fiscal analysis along with a~~	4178
~~proposed rule, or proposed rule in revised form, that the auditor~~	4179
~~of state proposes under section 117.12, 117.19, 117.38, or 117.43~~	4180
~~of the Revised Code and files under division (D) or (E) of this~~	4181
~~section.~~	4182

Sec. 111.28. (A) There is hereby created in the state	4183
treasury the help America vote act (HAVA) fund. All moneys	4184
received by the secretary of state from the United States election	4185
assistance commission shall be credited to the fund. The secretary	4186
of state shall use the moneys credited to the fund for activities	4187
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4188
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4189
shall be credited to the fund.	4190

(B) There is hereby created in the state treasury the	4191
election reform/health and human services fund. All moneys	4192
received by the secretary of state from the United States	4193
department of health and human services shall be credited to the	4194
fund. The secretary of state shall use the moneys credited to the	4195
fund for activities conducted pursuant to grants awarded to the	4196
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4197
America Vote Act of 2002 to assure access for individuals with	4198
disabilities. All investment earnings of the fund shall be	4199
credited to the fund.	4200

(C) There is hereby created in the state treasury the	4201
miscellaneous federal grants fund. All moneys the secretary of	4202
state receives as grants from federal sources that are not	4203
otherwise designated shall be credited to the fund. The secretary	4204
of state shall use the moneys credited to the fund for the	4205
purposes and activities required by the applicable federal grant	4206
agreements. All investment earnings of the fund shall be credited	4207
to the fund.	4208

Sec. 113.02. Before entering upon the discharge of the	4209
duties of ~~his~~ office, the treasurer of state shall give a bond to	4210
the state in the sum of one million dollars, with ~~sureties~~	4211
~~approved by the governor~~a surety authorized to do business in the	4212
state, conditioned for the faithful discharge of the duties of ~~his~~	4213
the office of treasurer of state. The bond~~, with the approval of~~	4214
~~the governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4215
deposited with and kept by the secretary of state ~~and kept~~ in ~~his~~	4216
the secretary of state's office.	4217

Sec. 113.061. The treasurer of state shall adopt rules in	4218
accordance with Chapter 119. of the Revised Code governing the	4219
remittance of taxes by electronic funds transfer as required under	4220
sections 5726.03, 5727.311, 5727.83, 5733.022, 5735.062, 5739.032,	4221
5745.04, ~~and~~ 5747.072, 5749.06, and 5751.07 of the Revised Code	4222
and any other section of the Revised Code under which a person is	4223
required to remit taxes by electronic funds transfer. The rules	4224
shall govern the modes of electronic funds transfer acceptable to	4225
the treasurer of state and under what circumstances each mode is	4226
acceptable, the content and format of electronic funds transfers,	4227
the coordination of payment by electronic funds transfer and	4228
filing of associated tax reports and returns, the remittance of	4229
taxes by means other than electronic funds transfer by persons	4230
otherwise required to do so but relieved of the requirement by the	4231
treasurer of state, and any other matter that in the opinion of	4232
the treasurer of state facilitates payment by electronic funds	4233
transfer in a manner consistent with those sections.	4234

Upon failure by a person, if so required, to remit taxes by	4235
electronic funds transfer in the manner prescribed under section	4236
5726.03, 5727.83, 5733.022, 5735.062, 5739.032, 5745.04, or	4237
5747.072, 5749.06, or 5751.07 of the Revised Code and rules	4238
adopted under this section, the treasurer of state shall notify	4239
the tax commissioner of such failure if the treasurer of state	4240
determines that such failure was not due to reasonable cause or	4241
was due to willful neglect, and shall provide the tax commissioner	4242
with any information used in making that determination. The tax	4243
commissioner may assess an additional charge as specified in the	4244
respective section of the Revised Code governing the requirement	4245
to remit taxes by electronic funds transfer.	4246

The treasurer of state may implement means of acknowledging,	4247
upon the request of a taxpayer, receipt of tax remittances made by	4248
electronic funds transfer, and may adopt rules governing	4249
acknowledgments. The cost of acknowledging receipt of electronic	4250
remittances shall be paid by the person requesting acknowledgment.	4251

The treasurer of state, not the tax commissioner, is	4252
responsible for resolving any problems involving electronic funds	4253
transfer transmissions.	4254

Sec. 117.03. Before entering upon the discharge of the	4255
duties of ~~his~~ office, the auditor of state shall give a bond to	4256
the state in the sum of twenty thousand dollars, with a surety	4257
~~approved by the governor~~authorized to do business in the state,	4258
conditioned for the faithful discharge of the duties of ~~his~~the	4259
office of auditor of state. The bond~~, with the approval of the~~	4260
~~governor~~ and the oath of office ~~endorsed thereon,~~ shall be	4261
deposited with and kept by the secretary of state and kept in ~~his~~	4262
the secretary of state's office.	4263

Sec. 117.10. The auditor of state shall audit all public	4264
offices as provided in this chapter. The auditor of state also may	4265
audit the accounts of private institutions, associations, boards,	4266
and corporations receiving public money for their use and may	4267
require of them annual reports in such form as the auditor of	4268
state prescribes.	4269

If the auditor of state performs or contracts for the	4270
performance of an audit, including a special audit, of the public	4271
employees retirement system, school employees retirement system,	4272
state teachers retirement system, state highway patrol retirement	4273
system, or Ohio police and fire pension fund, the auditor of state	4274
shall make a timely report of the results of the audit to the Ohio	4275
retirement study council.	4276

The auditor of state may audit the accounts of any medicaid	4277
provider, as defined in section ~~5111.06~~5164.01 of the Revised	4278
Code.	4279

If a public office has been audited by an agency of the	4280
United States government, the auditor of state may, if satisfied	4281
that the federal audit has been conducted according to principles	4282
and procedures not contrary to those of the auditor of state, use	4283
and adopt the federal audit and report in lieu of an audit by the	4284
auditor of state's own office.	4285

Within thirty days after the creation or dissolution or the	4286
winding up of the affairs of any public office, that public office	4287
shall notify the auditor of state in writing that this action has	4288
occurred.	4289

Sec. 117.20. (A) In adopting rules pursuant to Chapter 117.	4290
of the Revised Code, the auditor of state or the auditor of	4291
state's designee shall do both of the following:	4292

(1) Before adopting any such rule, except a rule of an	4293
emergency nature, do each of the following:	4294

(a) At least thirty-five days before any public hearing on	4295
the proposed rule-making action, mail or send by electronic mail	4296
notice of the hearing to each public office and to each statewide	4297
organization that the auditor of state or designee determines will	4298
be affected or represents persons who will be affected by the	4299
proposed rule-making action;	4300

(b) Mail or send by electronic mail a copy of the proposed	4301
rule to any person or organization that requests a copy within	4302
five days after receipt of the request;	4303

(c) Consult with appropriate state and local government	4304
agencies, or with persons representative of their interests,	4305
including statewide organizations of local government officials,	4306
and consult with accounting professionals and other interested	4307
persons;	4308

(d) Conduct, on the date and at the time and place designated	4309
in the notice, a public hearing at which any person affected by	4310
the proposed rule, including statewide organizations of local	4311
government officials, may appear and be heard in person, by	4312
attorney, or both, and may present the person's or organization's	4313
position or contentions orally or in writing.	4314

(2) ~~Except as otherwise provided in division (A)(2) of this~~	4315
~~section, comply~~Comply with ~~divisions (B) to (E) of~~ section 111.15	4316
of the Revised Code. ~~The auditor of state is not required to file~~	4317
~~a rule summary and fiscal analysis along with any copy of a~~	4318
~~proposed rule, or proposed rule in revised form, that is filed~~	4319
~~with the joint committee on agency rule review, the secretary of~~	4320
~~state, or the director of the legislative service commission under~~	4321
~~division (D) or (E) of section 111.15 of the Revised Code.~~	4322

(B) The auditor of state shall diligently discharge the	4323
duties imposed by divisions (A)(1)(a), (b), and (c) of this	4324
section, but failure to mail or send by electronic mail any notice	4325
or copy of a proposed rule, or to consult with any person or	4326
organization, shall not invalidate any rule.	4327

(C) Notwithstanding any contrary provision of the Revised	4328
Code, the auditor of state may prepare and disseminate, to public	4329
offices and other interested persons and organizations, advisory	4330
bulletins, directives, and instructions relating to accounting and	4331
financial reporting systems, budgeting procedures, fiscal	4332
controls, and the constructions by the auditor of state of	4333
constitutional and statutory provisions, court decisions, and	4334
opinions of the attorney general. The bulletins, directives, and	4335
instructions shall be of an advisory nature only.	4336

(D) As used in this section, "rule" includes the adoption,	4337
amendment, or rescission of a rule.	4338

Sec. 119.01. As used in sections 119.01 to 119.13 of the	4339
Revised Code:	4340

(A)(1) "Agency" means, except as limited by this division,	4341
any official, board, or commission having authority to promulgate	4342
rules or make adjudications in the civil service commission, the	4343
division of liquor control, the department of taxation, the	4344
industrial commission, the bureau of workers' compensation, the	4345
functions of any administrative or executive officer, department,	4346
division, bureau, board, or commission of the government of the	4347
state specifically made subject to sections 119.01 to 119.13 of	4348
the Revised Code, and the licensing functions of any	4349
administrative or executive officer, department, division, bureau,	4350
board, or commission of the government of the state having the	4351
authority or responsibility of issuing, suspending, revoking, or	4352
canceling licenses.	4353

Except as otherwise provided in division (I) of this section,	4354
sections 119.01 to 119.13 of the Revised Code do not apply to the	4355
public utilities commission. Sections 119.01 to 119.13 of the	4356
Revised Code do not apply to the utility radiological safety	4357
board; to the controlling board; to actions of the superintendent	4358
of financial institutions and the superintendent of insurance in	4359
the taking possession of, and rehabilitation or liquidation of,	4360
the business and property of banks, savings and loan associations,	4361
savings banks, credit unions, insurance companies, associations,	4362
reciprocal fraternal benefit societies, and bond investment	4363
companies; to any action taken by the division of securities under	4364
section 1707.201 of the Revised Code; or to any action that may be	4365
taken by the superintendent of financial institutions under	4366
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18,	4367
1157.09, 1157.12, 1157.18, 1165.09, 1165.12, 1165.18, 1349.33,	4368
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.	4369

Sections 119.01 to 119.13 of the Revised Code do not apply to	4370
actions of the industrial commission or the bureau of workers'	4371
compensation under sections 4123.01 to 4123.94 of the Revised Code	4372
with respect to all matters of adjudication, or to the actions of	4373
the industrial commission, bureau of workers' compensation board	4374
of directors, and bureau of workers' compensation under division	4375
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341,	4376
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions	4377
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and	4378
(E) of section 4131.14 of the Revised Code with respect to all	4379
matters concerning the establishment of premium, contribution, and	4380
assessment rates.	4381

(2) "Agency" also means any official or work unit having	4382
authority to promulgate rules or make adjudications in the	4383
department of job and family services, but only with respect to	4384
both of the following:	4385

(a) The adoption, amendment, or rescission of rules that	4386
section 5101.09 of the Revised Code requires be adopted in	4387
accordance with this chapter;	4388

(b) The issuance, suspension, revocation, or cancellation of	4389
licenses.	4390

(B) "License" means any license, permit, certificate,	4391
commission, or charter issued by any agency. "License" does not	4392
include any arrangement whereby a person~~, institution,~~ or	4393
government entity furnishes medicaid services under a provider	4394
agreement with the department of ~~job and family services pursuant~~	4395
~~to Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	4396
~~U.S.C. 301, as amended~~medicaid.	4397

(C) "Rule" means any rule, regulation, or standard, having a	4398
general and uniform operation, adopted, promulgated, and enforced	4399
by any agency under the authority of the laws governing such	4400
agency, and includes any appendix to a rule. "Rule" does not	4401
include any internal management rule of an agency unless the	4402
internal management rule affects private rights and does not	4403
include any guideline adopted pursuant to section 3301.0714 of the	4404
Revised Code.	4405

(D) "Adjudication" means the determination by the highest or	4406
ultimate authority of an agency of the rights, duties, privileges,	4407
benefits, or legal relationships of a specified person, but does	4408
not include the issuance of a license in response to an	4409
application with respect to which no question is raised, nor other	4410
acts of a ministerial nature.	4411

(E) "Hearing" means a public hearing by any agency in	4412
compliance with procedural safeguards afforded by sections 119.01	4413
to 119.13 of the Revised Code.	4414

(F) "Person" means a person, firm, corporation, association,	4415
or partnership.	4416

(G) "Party" means the person whose interests are the subject	4417
of an adjudication by an agency.	4418

(H) "Appeal" means the procedure by which a person, aggrieved	4419
by a finding, decision, order, or adjudication of any agency,	4420
invokes the jurisdiction of a court.	4421

(I) "Rule-making agency" means any board, commission,	4422
department, division, or bureau of the government of the state	4423
that is required to file proposed rules, amendments, or	4424
rescissions under division (D) of section 111.15 of the Revised	4425
Code and any agency that is required to file proposed rules,	4426
amendments, or rescissions under divisions (B) and (H) of section	4427
119.03 of the Revised Code. "Rule-making agency" includes the	4428
public utilities commission. "Rule-making agency" does not include	4429
any state-supported college or university.	4430

(J) "Substantive revision" means any addition to, elimination	4431
from, or other change in a rule, an amendment of a rule, or a	4432
rescission of a rule, whether of a substantive or procedural	4433
nature, that changes any of the following:	4434

(1) That which the rule, amendment, or rescission permits,	4435
authorizes, regulates, requires, prohibits, penalizes, rewards, or	4436
otherwise affects;	4437

(2) The scope or application of the rule, amendment, or	4438
rescission.	4439

(K) "Internal management rule" means any rule, regulation, or	4440
standard governing the day-to-day staff procedures and operations	4441
within an agency.	4442

Sec. 120.06. (A)(1) The state public defender, when	4443
designated by the court or requested by a county public defender	4444
or joint county public defender, may provide legal representation	4445
in all courts throughout the state to indigent adults and	4446
juveniles who are charged with the commission of an offense or act	4447
for which the penalty or any possible adjudication includes the	4448
potential loss of liberty.	4449

(2) The state public defender may provide legal	4450
representation to any indigent person who, while incarcerated in	4451
any state correctional institution, is charged with a felony	4452
offense, for which the penalty or any possible adjudication that	4453
may be imposed by a court upon conviction includes the potential	4454
loss of liberty.	4455

(3) The state public defender may provide legal	4456
representation to any person incarcerated in any correctional	4457
institution of the state, in any matter in which the person	4458
asserts the person is unlawfully imprisoned or detained.	4459

(4) The state public defender, in any case in which the state	4460
public defender has provided legal representation or is requested	4461
to do so by a county public defender or joint county public	4462
defender, may provide legal representation on appeal.	4463

(5) The state public defender, when designated by the court	4464
or requested by a county public defender, joint county public	4465
defender, or the director of rehabilitation and correction, shall	4466
provide legal representation in parole and probation revocation	4467
matters or matters relating to the revocation of community control	4468
or post-release control under a community control sanction or	4469
post-release control sanction, unless the state public defender	4470
finds that the alleged parole or probation violator or alleged	4471
violator of a community control sanction or post-release control	4472
sanction has the financial capacity to retain the alleged	4473
violator's own counsel.	4474

(6) If the state public defender contracts with a county	4475
public defender commission, a joint county public defender	4476
commission, or a board of county commissioners for the provision	4477
of services, under authority of division (C)(7) of section 120.04	4478
of the Revised Code, the state public defender shall provide legal	4479
representation in accordance with the contract.	4480

(B) The state public defender shall not be required to	4481
prosecute any appeal, postconviction remedy, or other proceeding	4482
pursuant to division (A)(3), (4), or (5) of this section, unless	4483
the state public defender first is satisfied that there is	4484
arguable merit to the proceeding.	4485

(C) A court may appoint counsel or allow an indigent person	4486
to select the indigent's own personal counsel to assist the state	4487
public defender as co-counsel when the interests of justice so	4488
require. When co-counsel is appointed to assist the state public	4489
defender, the co-counsel shall receive any compensation that the	4490
court may approve, not to exceed the amounts provided for in	4491
section 2941.51 of the Revised Code.	4492

(D)(1) When the state public defender is designated by the	4493
court or requested by a county public defender or joint county	4494
public defender to provide legal representation for an indigent	4495
person in any case, other than pursuant to a contract entered into	4496
under authority of division (C)(7) of section 120.04 of the	4497
Revised Code, the state public defender shall send to the county	4498
in which the case is filed a bill detailing the actual cost of the	4499
representation that separately itemizes legal fees and expenses.	4500
The county, upon receipt of an itemized bill from the state public	4501
defender pursuant to this division, shall pay the state public	4502
defender each of the following amounts:	4503

(a) For the amount identified as legal fees in the itemized	4504
bill, one hundred per cent of the amount identified as legal fees	4505
less the state reimbursement rate as calculated by the state	4506
public defender pursuant to section 120.34 of the Revised Code for	4507
the month the case terminated, as set forth in the itemized bill;	4508

(b) For the amount identified as expenses in the itemized	4509
bill, one hundred per cent.	4510

(2) Upon payment of the itemized bill under division (D)(1)	4511
of this section, the county may submit the cost of the expenses,	4512
excluding legal fees, to the state public defender for	4513
reimbursement pursuant to section 120.33 of the Revised Code.	4514

(3) When the state public defender provides investigation or	4515
mitigation services to private appointed counsel or to a county or	4516
joint county public defender as approved by the appointing court,	4517
other than pursuant to a contract entered into under authority of	4518
division (C)(7) of section 120.04 of the Revised Code, the state	4519
public defender shall send to the county in which the case is	4520
filed a bill itemizing the actual cost of the services provided.	4521
The county, upon receipt of an itemized bill from the state public	4522
defender pursuant to this division, shall pay one hundred per cent	4523
of the amount as set forth in the itemized bill. Upon payment of	4524
the itemized bill received pursuant to this division, the county	4525
may submit the cost of the investigation and mitigation services	4526
to the state public defender for reimbursement pursuant to section	4527
120.33 of the Revised Code.	4528

(4) There is hereby created in the state treasury the county	4529
representation fund for the deposit of moneys received from	4530
counties under this division. All moneys credited to the fund	4531
shall be used by the state public defender to provide legal	4532
representation for indigent persons when designated by the court	4533
or requested by a county or joint county public defender or to	4534
provide investigation or mitigation services, including	4535
investigation or mitigation services to private appointed counsel	4536
or a county or joint county public defender, as approved by the	4537
court.	4538

(E)(1) Notwithstanding any contrary provision of sections	4539
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	4540
that pertains to representation by the attorney general, an	4541
assistant attorney general, or special counsel of an officer or	4542
employee, as defined in section 109.36 of the Revised Code, or of	4543
an entity of state government, the state public defender may elect	4544
to contract with, and to have the state pay pursuant to division	4545
(E)(2) of this section for the services of, private legal counsel	4546
to represent the Ohio public defender commission, the state public	4547
defender, assistant state public defenders, other employees of the	4548
commission or the state public defender, and attorneys described	4549
in division (C) of section 120.41 of the Revised Code in a	4550
malpractice or other civil action or proceeding that arises from	4551
alleged actions or omissions related to responsibilities derived	4552
pursuant to this chapter, or in a civil action that is based upon	4553
alleged violations of the constitution or statutes of the United	4554
States, including section 1983 of Title 42 of the United States	4555
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	4556
arises from alleged actions or omissions related to	4557
responsibilities derived pursuant to this chapter, if the state	4558
public defender determines, in good faith, that the defendant in	4559
the civil action or proceeding did not act manifestly outside the	4560
scope of the defendant's employment or official responsibilities,	4561
with malicious purpose, in bad faith, or in a wanton or reckless	4562
manner. If the state public defender elects not to contract	4563
pursuant to this division for private legal counsel in a civil	4564
action or proceeding, then, in accordance with sections 109.02,	4565
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	4566
attorney general shall represent or provide for the representation	4567
of the Ohio public defender commission, the state public defender,	4568
assistant state public defenders, other employees of the	4569
commission or the state public defender, or attorneys described in	4570
division (C) of section 120.41 of the Revised Code in the civil	4571
action or proceeding.	4572

(2)(a) Subject to division (E)(2)(b) of this section, payment	4573
from the state treasury for the services of private legal counsel	4574
with whom the state public defender has contracted pursuant to	4575
division (E)(1) of this section shall be accomplished only through	4576
the following procedure:	4577

(i) The private legal counsel shall file with the attorney	4578
general a copy of the contract; a request for an award of legal	4579
fees, court costs, and expenses earned or incurred in connection	4580
with the defense of the Ohio public defender commission, the state	4581
public defender, an assistant state public defender, an employee,	4582
or an attorney in a specified civil action or proceeding; a	4583
written itemization of those fees, costs, and expenses, including	4584
the signature of the state public defender and the state public	4585
defender's attestation that the fees, costs, and expenses were	4586
earned or incurred pursuant to division (E)(1) of this section to	4587
the best of the state public defender's knowledge and information;	4588
a written statement whether the fees, costs, and expenses are for	4589
all legal services to be rendered in connection with that defense,	4590
are only for legal services rendered to the date of the request	4591
and additional legal services likely will have to be provided in	4592
connection with that defense, or are for the final legal services	4593
rendered in connection with that defense; a written statement	4594
indicating whether the private legal counsel previously submitted	4595
a request for an award under division (E)(2) of this section in	4596
connection with that defense and, if so, the date and the amount	4597
of each award granted; and, if the fees, costs, and expenses are	4598
for all legal services to be rendered in connection with that	4599
defense or are for the final legal services rendered in connection	4600
with that defense, a certified copy of any judgment entry in the	4601
civil action or proceeding or a signed copy of any settlement	4602
agreement entered into between the parties to the civil action or	4603
proceeding.	4604

(ii) Upon receipt of a request for an award of legal fees,	4605
court costs, and expenses and the requisite supportive	4606
documentation described in division (E)(2)(a)(i) of this section,	4607
the attorney general shall review the request and documentation;	4608
determine whether any of the limitations specified in division	4609
(E)(2)(b) of this section apply to the request; and, if an award	4610
of legal fees, court costs, or expenses is permissible after	4611
applying the limitations, prepare a document awarding legal fees,	4612
court costs, or expenses to the private legal counsel. The	4613
document shall name the private legal counsel as the recipient of	4614
the award; specify the total amount of the award as determined by	4615
the attorney general; itemize the portions of the award that	4616
represent legal fees, court costs, and expenses; specify any	4617
limitation applied pursuant to division (E)(2)(b) of this section	4618
to reduce the amount of the award sought by the private legal	4619
counsel; state that the award is payable from the state treasury	4620
pursuant to division (E)(2)(a)(iii) of this section; and be	4621
approved by the inclusion of the signatures of the attorney	4622
general, the state public defender, and the private legal counsel.	4623

(iii) The attorney general shall forward a copy of the	4624
document prepared pursuant to division (E)(2)(a)(ii) of this	4625
section to the director of budget and management. The award of	4626
legal fees, court costs, or expenses shall be paid out of the	4627
state public defender's appropriations, to the extent there is a	4628
sufficient available balance in those appropriations. If the state	4629
public defender does not have a sufficient available balance in	4630
the state public defender's appropriations to pay the entire award	4631
of legal fees, court costs, or expenses, the director shall make	4632
application for a transfer of appropriations out of the emergency	4633
purposes account or any other appropriation for emergencies or	4634
contingencies in an amount equal to the portion of the award that	4635
exceeds the sufficient available balance in the state public	4636
defender's appropriations. A transfer of appropriations out of the	4637
emergency purposes account or any other appropriation for	4638
emergencies or contingencies shall be authorized if there are	4639
sufficient moneys greater than the sum total of then pending	4640
emergency purposes account requests, or requests for releases from	4641
the other appropriation. If a transfer of appropriations out of	4642
the emergency purposes account or other appropriation for	4643
emergencies or contingencies is made to pay an amount equal to the	4644
portion of the award that exceeds the sufficient available balance	4645
in the state public defender's appropriations, the director shall	4646
cause the payment to be made to the private legal counsel. If	4647
sufficient moneys do not exist in the emergency purposes account	4648
or other appropriation for emergencies or contingencies to pay an	4649
amount equal to the portion of the award that exceeds the	4650
sufficient available balance in the state public defender's	4651
appropriations, the private legal counsel shall request the	4652
general assembly to make an appropriation sufficient to pay an	4653
amount equal to the portion of the award that exceeds the	4654
sufficient available balance in the state public defender's	4655
appropriations, and no payment in that amount shall be made until	4656
the appropriation has been made. The private legal counsel shall	4657
make the request during the current biennium and during each	4658
succeeding biennium until a sufficient appropriation is made.	4659

(b) An award of legal fees, court costs, and expenses	4660
pursuant to division (E) of this section is subject to the	4661
following limitations:	4662

(i) The maximum award or maximum aggregate of a series of	4663
awards of legal fees, court costs, and expenses to the private	4664
legal counsel in connection with the defense of the Ohio public	4665
defender commission, the state public defender, an assistant state	4666
public defender, an employee, or an attorney in a specified civil	4667
action or proceeding shall not exceed fifty thousand dollars.	4668

(ii) The private legal counsel shall not be awarded legal	4669
fees, court costs, or expenses to the extent the fees, costs, or	4670
expenses are covered by a policy of malpractice or other	4671
insurance.	4672

(iii) The private legal counsel shall be awarded legal fees	4673
and expenses only to the extent that the fees and expenses are	4674
reasonable in light of the legal services rendered by the private	4675
legal counsel in connection with the defense of the Ohio public	4676
defender commission, the state public defender, an assistant state	4677
public defender, an employee, or an attorney in a specified civil	4678
action or proceeding.	4679

(c) If, pursuant to division (E)(2)(a) of this section, the	4680
attorney general denies a request for an award of legal fees,	4681
court costs, or expenses to private legal counsel because of the	4682
application of a limitation specified in division (E)(2)(b) of	4683
this section, the attorney general shall notify the private legal	4684
counsel in writing of the denial and of the limitation applied.	4685

(d) If, pursuant to division (E)(2)(c) of this section, a	4686
private legal counsel receives a denial of an award notification	4687
or if a private legal counsel refuses to approve a document under	4688
division (E)(2)(a)(ii) of this section because of the proposed	4689
application of a limitation specified in division (E)(2)(b) of	4690
this section, the private legal counsel may commence a civil	4691
action against the attorney general in the court of claims to	4692
prove the private legal counsel's entitlement to the award sought,	4693
to prove that division (E)(2)(b) of this section does not prohibit	4694
or otherwise limit the award sought, and to recover a judgment for	4695
the amount of the award sought. A civil action under division	4696
(E)(2)(d) of this section shall be commenced no later than two	4697
years after receipt of a denial of award notification or, if the	4698
private legal counsel refused to approve a document under division	4699
(E)(2)(a)(ii) of this section because of the proposed application	4700
of a limitation specified in division (E)(2)(b) of this section,	4701
no later than two years after the refusal. Any judgment of the	4702
court of claims in favor of the private legal counsel shall be	4703
paid from the state treasury in accordance with division (E)(2)(a)	4704
of this section.	4705

(F) If a court appoints the office of the state public	4706
defender to represent a petitioner in a postconviction relief	4707
proceeding under section 2953.21 of the Revised Code, the	4708
petitioner has received a sentence of death, and the proceeding	4709
relates to that sentence, all of the attorneys who represent the	4710
petitioner in the proceeding pursuant to the appointment, whether	4711
an assistant state public defender, the state public defender, or	4712
another attorney, shall be certified under Rule 20 of the Rules of	4713
Superintendence for the Courts of Ohio to represent indigent	4714
defendants charged with or convicted of an offense for which the	4715
death penalty can be or has been imposed.	4716

(G)(1) The state public defender may provide legal	4717
representation and services to a child committed to the department	4718
of youth services relative to either of the following:	4719

(a) The fact or duration of the child's confinement,	4720
including, but not limited to, appeals, post-conviction relief,	4721
petitions for habeas corpus, and administrative issues that may	4722
extend the period of confinement;	4723

(b) Conditions of the child's confinement.

4724

(2) Division (G)(1) of this section does not authorize the	4725
state public defender to represent a child committed to the	4726
department of youth services in general civil matters arising	4727
solely out of state law.	4728

(H) A child's right to representation or services under this	4729
section is not affected by the child, or another person on behalf	4730
of the child, previously having paid for similar representation or	4731
services or having waived legal representation.	4732

(I) The state public defender shall have access to any child	4733
committed to the department of youth services, department of youth	4734
services institution, and department of youth services record as	4735
needed to implement this section.	4736

(J) As used in this section:

4737

(1) "Community control sanction" has the same meaning as in	4738
section 2929.01 of the Revised Code.	4739

(2) "Conditions of confinement" means any issue involving a	4740
constitutional right or other civil right related to a child's	4741
incarceration, including, but not limited to, actions cognizable	4742
under 42 U.S.C. 1983.	4743

(3) "Post-release control sanction" has the same meaning as	4744
in section 2967.01 of the Revised Code.	4745

Sec. 121.02. The following administrative departments and	4746
their respective directors are hereby created:	4747

(A) The office of budget and management, which shall be	4748
administered by the director of budget and management;	4749

(B) The department of commerce, which shall be administered	4750
by the director of commerce;	4751

(C) The department of administrative services, which shall be	4752
administered by the director of administrative services;	4753

(D) The department of transportation, which shall be	4754
administered by the director of transportation;	4755

(E) The department of agriculture, which shall be	4756
administered by the director of agriculture;	4757

(F) The department of natural resources, which shall be	4758
administered by the director of natural resources;	4759

(G) The department of health, which shall be administered by	4760
the director of health;	4761

(H) The department of job and family services, which shall be	4762
administered by the director of job and family services;	4763

(I) Until July 1, 1997, the department of liquor control,	4764
which shall be administered by the director of liquor control;	4765

(J) The department of public safety, which shall be	4766
administered by the director of public safety;	4767

(K) The department of ~~mental health~~mental health and	4768
addiction services, which shall be administered by the director of	4769
~~mental health~~mental health and addiction services;	4770

(L) The department of developmental disabilities, which shall	4771
be administered by the director of developmental disabilities;	4772

(M) The department of insurance, which shall be administered	4773
by the superintendent of insurance as director thereof;	4774

(N) The development services agency, which shall be	4775
administered by the director of development services;	4776

(O) The department of youth services, which shall be	4777
administered by the director of youth services;	4778

(P) The department of rehabilitation and correction, which	4779
shall be administered by the director of rehabilitation and	4780
correction;	4781

(Q) The environmental protection agency, which shall be	4782
administered by the director of environmental protection;	4783

(R) The department of aging, which shall be administered by	4784
the director of aging;	4785

(S) ~~The department of alcohol and drug addiction services,~~	4786
~~which shall be administered by the director of~~ ~~alcohol and drug~~	4787
~~addiction services~~;	4788

~~(T)~~ The department of veterans services, which shall be	4789
administered by the director of veterans services;	4790

(T) The department of medicaid, which shall be administered	4791
by the medicaid director.	4792

The director of each department shall exercise the powers and	4793
perform the duties vested by law in such department.	4794

Sec. 121.03. The following administrative department heads	4795
shall be appointed by the governor, with the advice and consent of	4796
the senate, and shall hold their offices during the term of the	4797
appointing governor, and are subject to removal at the pleasure of	4798
the governor.	4799

(A) The director of budget and management;

4800

(B) The director of commerce;

4801

4802

(D) The director of agriculture;

4803

(E) The director of job and family services;

4804

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

4805

(G) The director of public safety;

4806

(H) The superintendent of insurance;

4807

(I) The director of development services;

4808

(J) The tax commissioner;

4809

(K) The director of administrative services;

4810

(L) The director of natural resources;

4811

(M) The director of ~~mental health~~mental health and addiction	4812
services;	4813

(N) The director of developmental disabilities;

4814

(O) The director of health;

4815

(P) The director of youth services;

4816

(Q) The director of rehabilitation and correction;

4817

(R) The director of environmental protection;

4818

(S) The director of aging;

4819

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

4820

~~(U)~~ The administrator of workers' compensation who meets the	4821
qualifications required under division (A) of section 4121.121 of	4822
the Revised Code;	4823

~~(V)~~(U) The director of veterans services who meets the	4824
qualifications required under section 5902.01 of the Revised Code;	4825

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

4826

(W) The medicaid director.

4827

Sec. 121.11. (A) Each officer whose office is created by	4828
sections 121.02, 121.04, and 121.05 of the Revised Code, before	4829
entering upon the duties of office, shall take and subscribe an	4830
oath of office as provided by law and give bond, conditioned	4831
according to law, with security ~~to be approved by the governor~~ in	4832
the penal sum, not less than ten thousand dollars~~, fixed by the~~	4833
~~governor~~. The department of administrative services may procure	4834
from any duly authorized corporate surety authorized to do	4835
business in the state a schedule or blanket bond covering the	4836
officers described in those sections and any other officers the	4837
governor designates. The bond and oath of the officers described	4838
in those sections shall be filed in the office of the secretary of	4839
state.	4840

(B) ~~The director of each department, with the approval of the~~	4841
~~governor, may require any chief of a division, or any officer or~~	4842
~~employee in the director's department, to give bond in the amount~~	4843
~~the governor prescribes. The bond or bonds may, in the discretion~~	4844
~~of the director, be individual, schedule, or blanket bonds.~~	4845

~~(C)~~ The premium on any bond required or authorized by this	4846
section may be paid from the state treasury.	4847

Sec. 121.22. (A) This section shall be liberally construed	4848
to require public officials to take official action and to conduct	4849
all deliberations upon official business only in open meetings	4850
unless the subject matter is specifically excepted by law.	4851

(B) As used in this section:

4852

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

4853

(a) Any board, commission, committee, council, or similar	4854
decision-making body of a state agency, institution, or authority,	4855
and any legislative authority or board, commission, committee,	4856
council, agency, authority, or similar decision-making body of any	4857
county, township, municipal corporation, school district, or other	4858
political subdivision or local public institution;	4859

(b) Any committee or subcommittee of a body described in	4860
division (B)(1)(a) of this section;	4861

(c) A court of jurisdiction of a sanitary district organized	4862
wholly for the purpose of providing a water supply for domestic,	4863
municipal, and public use when meeting for the purpose of the	4864
appointment, removal, or reappointment of a member of the board of	4865
directors of such a district pursuant to section 6115.10 of the	4866
Revised Code, if applicable, or for any other matter related to	4867
such a district other than litigation involving the district. As	4868
used in division (B)(1)(c) of this section, "court of	4869
jurisdiction" has the same meaning as "court" in section 6115.01	4870
of the Revised Code.	4871

(2) "Meeting" means any prearranged discussion of the public	4872
business of the public body by a majority of its members.	4873

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

4874

(a) A student in a state or local public educational	4875
institution;	4876

(b) A person who is, voluntarily or involuntarily, an inmate,	4877
patient, or resident of a state or local institution because of	4878
criminal behavior, mental illness or retardation, disease,	4879
disability, age, or other condition requiring custodial care.	4880

(4) "Public office" has the same meaning as in section	4881
149.011 of the Revised Code.	4882

(C) All meetings of any public body are declared to be public	4883
meetings open to the public at all times. A member of a public	4884
body shall be present in person at a meeting open to the public to	4885
be considered present or to vote at the meeting and for purposes	4886
of determining whether a quorum is present at the meeting.	4887

The minutes of a regular or special meeting of any public	4888
body shall be promptly prepared, filed, and maintained and shall	4889
be open to public inspection. The minutes need only reflect the	4890
general subject matter of discussions in executive sessions	4891
authorized under division (G) or (J) of this section.	4892

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

4893

(1) A grand jury;

4894

(2) An audit conference conducted by the auditor of state or	4895
independent certified public accountants with officials of the	4896
public office that is the subject of the audit;	4897

(3) The adult parole authority when its hearings are	4898
conducted at a correctional institution for the sole purpose of	4899
interviewing inmates to determine parole or pardon;	4900

(4) The organized crime investigations commission established	4901
under section 177.01 of the Revised Code;	4902

(5) Meetings of a child fatality review board established	4903
under section 307.621 of the Revised Code and meetings conducted	4904
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	4905

(6) The state medical board when determining whether to	4906
suspend a certificate without a prior hearing pursuant to division	4907
(G) of either section 4730.25 or 4731.22 of the Revised Code;	4908

(7) The board of nursing when determining whether to suspend	4909
a license or certificate without a prior hearing pursuant to	4910
division (B) of section 4723.281 of the Revised Code;	4911

(8) The state board of pharmacy when determining whether to	4912
suspend a license without a prior hearing pursuant to division (D)	4913
of section 4729.16 of the Revised Code;	4914

(9) The state chiropractic board when determining whether to	4915
suspend a license without a hearing pursuant to section 4734.37 of	4916
the Revised Code;	4917

(10) The executive committee of the emergency response	4918
commission when determining whether to issue an enforcement order	4919
or request that a civil action, civil penalty action, or criminal	4920
action be brought to enforce Chapter 3750. of the Revised Code;	4921

(11) The board of directors of the nonprofit corporation	4922
formed under section 187.01 of the Revised Code or any committee	4923
thereof, and the board of directors of any subsidiary of that	4924
corporation or a committee thereof;	4925

(12) An audit conference conducted by the audit staff of the	4926
department of job and family services with officials of the public	4927
office that is the subject of that audit under section 5101.37 of	4928
the Revised Code.	4929

(E) The controlling board, ~~the industrial technology and~~	4930
~~enterprise advisory council,~~ the tax credit authority, or the	4931
minority development financing advisory board, when meeting to	4932
consider granting assistance pursuant to Chapter 122. or 166. of	4933
the Revised Code, in order to protect the interest of the	4934
applicant or the possible investment of public funds, by unanimous	4935
vote of all board~~, council,~~ or authority members present, may	4936
close the meeting during consideration of the following	4937
information confidentially received by the authority~~, council,~~ or	4938
board from the applicant:	4939

(1) Marketing plans;

4940

(2) Specific business strategy;

4941

(3) Production techniques and trade secrets;

4942

(4) Financial projections;

4943

(5) Personal financial statements of the applicant or members	4944
of the applicant's immediate family, including, but not limited	4945
to, tax records or other similar information not open to public	4946
inspection.	4947

The vote by the authority~~, council,~~ or board to accept or	4948
reject the application, as well as all proceedings of the	4949
authority~~, council,~~ or board not subject to this division, shall	4950
be open to the public and governed by this section.	4951

(F) Every public body, by rule, shall establish a reasonable	4952
method whereby any person may determine the time and place of all	4953
regularly scheduled meetings and the time, place, and purpose of	4954
all special meetings. A public body shall not hold a special	4955
meeting unless it gives at least twenty-four hours' advance notice	4956
to the news media that have requested notification, except in the	4957
event of an emergency requiring immediate official action. In the	4958
event of an emergency, the member or members calling the meeting	4959
shall notify the news media that have requested notification	4960
immediately of the time, place, and purpose of the meeting.	4961

The rule shall provide that any person, upon request and	4962
payment of a reasonable fee, may obtain reasonable advance	4963
notification of all meetings at which any specific type of public	4964
business is to be discussed. Provisions for advance notification	4965
may include, but are not limited to, mailing the agenda of	4966
meetings to all subscribers on a mailing list or mailing notices	4967
in self-addressed, stamped envelopes provided by the person.	4968

(G) Except as provided in division (J) of this section, the	4969
members of a public body may hold an executive session only after	4970
a majority of a quorum of the public body determines, by a roll	4971
call vote, to hold an executive session and only at a regular or	4972
special meeting for the sole purpose of the consideration of any	4973
of the following matters:	4974

(1) To consider the appointment, employment, dismissal,	4975
discipline, promotion, demotion, or compensation of a public	4976
employee or official, or the investigation of charges or	4977
complaints against a public employee, official, licensee, or	4978
regulated individual, unless the public employee, official,	4979
licensee, or regulated individual requests a public hearing.	4980
Except as otherwise provided by law, no public body shall hold an	4981
executive session for the discipline of an elected official for	4982
conduct related to the performance of the elected official's	4983
official duties or for the elected official's removal from office.	4984
If a public body holds an executive session pursuant to division	4985
(G)(1) of this section, the motion and vote to hold that executive	4986
session shall state which one or more of the approved purposes	4987
listed in division (G)(1) of this section are the purposes for	4988
which the executive session is to be held, but need not include	4989
the name of any person to be considered at the meeting.	4990

(2) To consider the purchase of property for public purposes,	4991
or for the sale of property at competitive bidding, if premature	4992
disclosure of information would give an unfair competitive or	4993
bargaining advantage to a person whose personal, private interest	4994
is adverse to the general public interest. No member of a public	4995
body shall use division (G)(2) of this section as a subterfuge for	4996
providing covert information to prospective buyers or sellers. A	4997
purchase or sale of public property is void if the seller or buyer	4998
of the public property has received covert information from a	4999
member of a public body that has not been disclosed to the general	5000
public in sufficient time for other prospective buyers and sellers	5001
to prepare and submit offers.	5002

If the minutes of the public body show that all meetings and	5003
deliberations of the public body have been conducted in compliance	5004
with this section, any instrument executed by the public body	5005
purporting to convey, lease, or otherwise dispose of any right,	5006
title, or interest in any public property shall be conclusively	5007
presumed to have been executed in compliance with this section	5008
insofar as title or other interest of any bona fide purchasers,	5009
lessees, or transferees of the property is concerned.	5010

(3) Conferences with an attorney for the public body	5011
concerning disputes involving the public body that are the subject	5012
of pending or imminent court action;	5013

(4) Preparing for, conducting, or reviewing negotiations or	5014
bargaining sessions with public employees concerning their	5015
compensation or other terms and conditions of their employment;	5016

(5) Matters required to be kept confidential by federal law	5017
or regulations or state statutes;	5018

(6) Details relative to the security arrangements and	5019
emergency response protocols for a public body or a public office,	5020
if disclosure of the matters discussed could reasonably be	5021
expected to jeopardize the security of the public body or public	5022
office;	5023

(7) In the case of a county hospital operated pursuant to	5024
Chapter 339. of the Revised Code, a joint township hospital	5025
operated pursuant to Chapter 513. of the Revised Code, or a	5026
municipal hospital operated pursuant to Chapter 749. of the	5027
Revised Code, to consider trade secrets, as defined in section	5028
1333.61 of the Revised Code.	5029

If a public body holds an executive session to consider any	5030
of the matters listed in divisions (G)(2) to (7) of this section,	5031
the motion and vote to hold that executive session shall state	5032
which one or more of the approved matters listed in those	5033
divisions are to be considered at the executive session.	5034

A public body specified in division (B)(1)(c) of this section	5035
shall not hold an executive session when meeting for the purposes	5036
specified in that division.	5037

(H) A resolution, rule, or formal action of any kind is	5038
invalid unless adopted in an open meeting of the public body. A	5039
resolution, rule, or formal action adopted in an open meeting that	5040
results from deliberations in a meeting not open to the public is	5041
invalid unless the deliberations were for a purpose specifically	5042
authorized in division (G) or (J) of this section and conducted at	5043
an executive session held in compliance with this section. A	5044
resolution, rule, or formal action adopted in an open meeting is	5045
invalid if the public body that adopted the resolution, rule, or	5046
formal action violated division (F) of this section.	5047

(I)(1) Any person may bring an action to enforce this	5048
section. An action under division (I)(1) of this section shall be	5049
brought within two years after the date of the alleged violation	5050
or threatened violation. Upon proof of a violation or threatened	5051
violation of this section in an action brought by any person, the	5052
court of common pleas shall issue an injunction to compel the	5053
members of the public body to comply with its provisions.	5054

(2)(a) If the court of common pleas issues an injunction	5055
pursuant to division (I)(1) of this section, the court shall order	5056
the public body that it enjoins to pay a civil forfeiture of five	5057
hundred dollars to the party that sought the injunction and shall	5058
award to that party all court costs and, subject to reduction as	5059
described in division (I)(2) of this section, reasonable	5060
attorney's fees. The court, in its discretion, may reduce an award	5061
of attorney's fees to the party that sought the injunction or not	5062
award attorney's fees to that party if the court determines both	5063
of the following:	5064

(i) That, based on the ordinary application of statutory law	5065
and case law as it existed at the time of violation or threatened	5066
violation that was the basis of the injunction, a well-informed	5067
public body reasonably would believe that the public body was not	5068
violating or threatening to violate this section;	5069

(ii) That a well-informed public body reasonably would	5070
believe that the conduct or threatened conduct that was the basis	5071
of the injunction would serve the public policy that underlies the	5072
authority that is asserted as permitting that conduct or	5073
threatened conduct.	5074

(b) If the court of common pleas does not issue an injunction	5075
pursuant to division (I)(1) of this section and the court	5076
determines at that time that the bringing of the action was	5077
frivolous conduct, as defined in division (A) of section 2323.51	5078
of the Revised Code, the court shall award to the public body all	5079
court costs and reasonable attorney's fees, as determined by the	5080
court.	5081

(3) Irreparable harm and prejudice to the party that sought	5082
the injunction shall be conclusively and irrebuttably presumed	5083
upon proof of a violation or threatened violation of this section.	5084

(4) A member of a public body who knowingly violates an	5085
injunction issued pursuant to division (I)(1) of this section may	5086
be removed from office by an action brought in the court of common	5087
pleas for that purpose by the prosecuting attorney or the attorney	5088
general.	5089

(J)(1) Pursuant to division (C) of section 5901.09 of the	5090
Revised Code, a veterans service commission shall hold an	5091
executive session for one or more of the following purposes unless	5092
an applicant requests a public hearing:	5093

(a) Interviewing an applicant for financial assistance under	5094
sections 5901.01 to 5901.15 of the Revised Code;	5095

(b) Discussing applications, statements, and other documents	5096
described in division (B) of section 5901.09 of the Revised Code;	5097

(c) Reviewing matters relating to an applicant's request for	5098
financial assistance under sections 5901.01 to 5901.15 of the	5099
Revised Code.	5100

(2) A veterans service commission shall not exclude an	5101
applicant for, recipient of, or former recipient of financial	5102
assistance under sections 5901.01 to 5901.15 of the Revised Code,	5103
and shall not exclude representatives selected by the applicant,	5104
recipient, or former recipient, from a meeting that the commission	5105
conducts as an executive session that pertains to the applicant's,	5106
recipient's, or former recipient's application for financial	5107
assistance.	5108

(3) A veterans service commission shall vote on the grant or	5109
denial of financial assistance under sections 5901.01 to 5901.15	5110
of the Revised Code only in an open meeting of the commission. The	5111
minutes of the meeting shall indicate the name, address, and	5112
occupation of the applicant, whether the assistance was granted or	5113
denied, the amount of the assistance if assistance is granted, and	5114
the votes for and against the granting of assistance.	5115

Sec. 121.35. (A) Subject to division (B) of this section,	5116
the following state agencies shall collaborate to revise and make	5117
more uniform the eligibility standards and eligibility	5118
determination procedures of programs the state agencies	5119
administer:	5120

(1) The department of aging;

5121

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

5122

~~(3)~~ The ~~department of~~ development services agency;

5123

~~(4)~~(3) The department of developmental disabilities;

5124

~~(5)~~(4) The department of education;

5125

~~(6)~~(5) The department of health;

5126

~~(7)~~(6) The department of job and family services;

5127

~~(8)~~(7) The department of medicaid;

5128

(8) The department of ~~mental health~~mental health and	5129
addiction services;	5130

(9) The ~~rehabilitation services commission~~opportunities for	5131
Ohioans with disabilities agency.	5132

(B) In revising eligibility standards and eligibility	5133
determination procedures, a state agency shall not make any	5134
program's eligibility standards or eligibility determination	5135
procedures inconsistent with state or federal law. To the extent	5136
authorized by state and federal law, the revisions may provide for	5137
the state agencies to share administrative operations.	5138

Sec. 121.37. (A)(1) There is hereby created the Ohio family	5139
and children first cabinet council. The council shall be composed	5140
of the superintendent of public instruction, the ~~administrator~~	5141
executive director of the ~~rehabilitation services commission~~	5142
opportunities for Ohioans with disabilities agency, the medicaid	5143
director, and the directors of youth services, job and family	5144
services, ~~mental health~~mental health and addiction services,	5145
health, ~~alcohol and drug addiction services,~~ developmental	5146
disabilities, aging, rehabilitation and correction, and budget and	5147
management. The chairperson of the council shall be the governor	5148
or the governor's designee and shall establish procedures for the	5149
council's internal control and management.	5150

The purpose of the cabinet council is to help families	5151
seeking government services. This section shall not be interpreted	5152
or applied to usurp the role of parents, but solely to streamline	5153
and coordinate existing government services for families seeking	5154
assistance for their children.	5155

(2) In seeking to fulfill its purpose, the council may do any	5156
of the following:	5157

(a) Advise and make recommendations to the governor and	5158
general assembly regarding the provision of services to children;	5159

(b) Advise and assess local governments on the coordination	5160
of service delivery to children;	5161

(c) Hold meetings at such times and places as may be	5162
prescribed by the council's procedures and maintain records of the	5163
meetings, except that records identifying individual children are	5164
confidential and shall be disclosed only as provided by law;	5165

(d) Develop programs and projects, including pilot projects,	5166
to encourage coordinated efforts at the state and local level to	5167
improve the state's social service delivery system;	5168

(e) Enter into contracts with and administer grants to county	5169
family and children first councils, as well as other county or	5170
multicounty organizations to plan and coordinate service delivery	5171
between state agencies and local service providers for families	5172
and children;	5173

(f) Enter into contracts with and apply for grants from	5174
federal agencies or private organizations;	5175

(g) Enter into interagency agreements to encourage	5176
coordinated efforts at the state and local level to improve the	5177
state's social service delivery system. The agreements may include	5178
provisions regarding the receipt, transfer, and expenditure of	5179
funds;	5180

(h) Identify public and private funding sources for services	5181
provided to alleged or adjudicated unruly children and children	5182
who are at risk of being alleged or adjudicated unruly children,	5183
including regulations governing access to and use of the services;	5184

(i) Collect information provided by local communities	5185
regarding successful programs for prevention, intervention, and	5186
treatment of unruly behavior, including evaluations of the	5187
programs;	5188

(j) Identify and disseminate publications regarding alleged	5189
or adjudicated unruly children and children who are at risk of	5190
being alleged or adjudicated unruly children and regarding	5191
programs serving those types of children;	5192

(k) Maintain an inventory of strategic planning facilitators	5193
for use by government or nonprofit entities that serve alleged or	5194
adjudicated unruly children or children who are at risk of being	5195
alleged or adjudicated unruly children.	5196

(3) The cabinet council shall provide for the following:

5197

(a) Reviews of service and treatment plans for children for	5198
which such reviews are requested;	5199

(b) Assistance as the council determines to be necessary to	5200
meet the needs of children referred by county family and children	5201
first councils;	5202

(c) Monitoring and supervision of a statewide, comprehensive,	5203
coordinated, multi-disciplinary, interagency system for infants	5204
and toddlers with developmental disabilities or delays and their	5205
families, as established pursuant to federal grants received and	5206
administered by the department of health for early intervention	5207
services under the "Individuals with Disabilities Education Act of	5208
2004," 118 Stat. 2744 20 U.S.C.A. 1400, as amended.	5209

(4) The cabinet council shall develop and implement the	5210
following:	5211

(a) An interagency process to select the indicators that will	5212
be used to measure progress toward increasing child well-being in	5213
the state and to update the indicators on an annual basis. The	5214
indicators shall focus on expectant parents and newborns thriving;	5215
infants and toddlers thriving; children being ready for school;	5216
children and youth succeeding in school; youth choosing healthy	5217
behaviors; and youth successfully transitioning into adulthood.	5218

(b) An interagency system to offer guidance and monitor	5219
progress toward increasing child well-being in the state and in	5220
each county;	5221

(c) An annual plan that identifies state-level agency efforts	5222
taken to ensure progress towards increasing child well-being in	5223
the state.	5224

On an annual basis, the cabinet council shall submit to the	5225
governor and the general assembly a report on the status of	5226
efforts to increase child well-being in the state. This report	5227
shall be made available to any other person on request.	5228

(B)(1) Each board of county commissioners shall establish a	5229
county family and children first council. The board may invite any	5230
local public or private agency or group that funds, advocates, or	5231
provides services to children and families to have a	5232
representative become a permanent or temporary member of its	5233
county council. Each county council must include the following	5234
individuals:	5235

(a) At least three individuals who are not employed by an	5236
agency represented on the council and whose families are or have	5237
received services from an agency represented on the council or	5238
another county's council. Where possible, the number of members	5239
representing families shall be equal to twenty per cent of the	5240
council's membership.	5241

(b) The director of the board of alcohol, drug addiction, and	5242
mental health services that serves the county, or, in the case of	5243
a county that has a board of alcohol and drug addiction services	5244
and a community mental health board, the directors of both boards.	5245
If a board of alcohol, drug addiction, and mental health services	5246
covers more than one county, the director may designate a person	5247
to participate on the county's council.	5248

(c) The health commissioner, or the commissioner's designee,	5249
of the board of health of each city and general health district in	5250
the county. If the county has two or more health districts, the	5251
health commissioner membership may be limited to the commissioners	5252
of the two districts with the largest populations.	5253

(d) The director of the county department of job and family	5254
services;	5255

(e) The executive director of the public children services	5256
agency;	5257

(f) The superintendent of the county board of developmental	5258
disabilities or, if the superintendent serves as superintendent of	5259
more than one county board of developmental disabilities, the	5260
superintendent's designee;	5261

(g) The superintendent of the city, exempted village, or	5262
local school district with the largest number of pupils residing	5263
in the county, as determined by the department of education, which	5264
shall notify each board of county commissioners of its	5265
determination at least biennially;	5266

(h) A school superintendent representing all other school	5267
districts with territory in the county, as designated at a	5268
biennial meeting of the superintendents of those districts;	5269

(i) A representative of the municipal corporation with the	5270
largest population in the county;	5271

(j) The president of the board of county commissioners or an	5272
individual designated by the board;	5273

(k) A representative of the regional office of the department	5274
of youth services;	5275

(l) A representative of the county's head start agencies, as	5276
defined in section 3301.32 of the Revised Code;	5277

(m) A representative of the county's early intervention	5278
collaborative established pursuant to the federal early	5279
intervention program operated under the "Individuals with	5280
Disabilities Education Act of 2004";	5281

(n) A representative of a local nonprofit entity that funds,	5282
advocates, or provides services to children and families.	5283

Notwithstanding any other provision of law, the public	5284
members of a county council are not prohibited from serving on the	5285
council and making decisions regarding the duties of the council,	5286
including those involving the funding of joint projects and those	5287
outlined in the county's service coordination mechanism	5288
implemented pursuant to division (C) of this section.	5289

The cabinet council shall establish a state appeals process	5290
to resolve disputes among the members of a county council	5291
concerning whether reasonable responsibilities as members are	5292
being shared. The appeals process may be accessed only by a	5293
majority vote of the council members who are required to serve on	5294
the council. Upon appeal, the cabinet council may order that state	5295
funds for services to children and families be redirected to a	5296
county's board of county commissioners.	5297

The county's juvenile court judge senior in service or	5298
another judge of the juvenile court designated by the	5299
administrative judge or, where there is no administrative judge,	5300
by the judge senior in service shall serve as the judicial advisor	5301
to the county family and children first council. The judge may	5302
advise the county council on the court's utilization of resources,	5303
services, or programs provided by the entities represented by the	5304
members of the county council and how those resources, services,	5305
or programs assist the court in its administration of justice.	5306
Service of a judge as a judicial advisor pursuant to this section	5307
is a judicial function.	5308

(2) The purpose of the county council is to streamline and	5309
coordinate existing government services for families seeking	5310
services for their children. In seeking to fulfill its purpose, a	5311
county council shall provide for the following:	5312

(a) Referrals to the cabinet council of those children for	5313
whom the county council cannot provide adequate services;	5314

(b) Development and implementation of a process that annually	5315
evaluates and prioritizes services, fills service gaps where	5316
possible, and invents new approaches to achieve better results for	5317
families and children;	5318

(c) Participation in the development of a countywide,	5319
comprehensive, coordinated, multi-disciplinary, interagency system	5320
for infants and toddlers with developmental disabilities or delays	5321
and their families, as established pursuant to federal grants	5322
received and administered by the department of health for early	5323
intervention services under the "Individuals with Disabilities	5324
Education Act of 2004";	5325

(d) Maintenance of an accountability system to monitor the	5326
county council's progress in achieving results for families and	5327
children;	5328

(e) Establishment of a mechanism to ensure ongoing input from	5329
a broad representation of families who are receiving services	5330
within the county system.	5331

(3) A county council shall develop and implement the	5332
following:	5333

(a) An interagency process to establish local indicators and	5334
monitor the county's progress toward increasing child well-being	5335
in the county;	5336

(b) An interagency process to identify local priorities to	5337
increase child well-being. The local priorities shall focus on	5338
expectant parents and newborns thriving; infants and toddlers	5339
thriving; children being ready for school; children and youth	5340
succeeding in school; youth choosing healthy behaviors; and youth	5341
successfully transitioning into adulthood and take into account	5342
the indicators established by the cabinet council under division	5343
(A)(4)(a) of this section.	5344

(c) An annual plan that identifies the county's interagency	5345
efforts to increase child well-being in the county.	5346

On an annual basis, the county council shall submit a report	5347
on the status of efforts by the county to increase child	5348
well-being in the county to the county's board of county	5349
commissioners and the cabinet council. This report shall be made	5350
available to any other person on request.	5351

(4)(a) Except as provided in division (B)(4)(b) of this	5352
section, a county council shall comply with the policies,	5353
procedures, and activities prescribed by the rules or interagency	5354
agreements of a state department participating on the cabinet	5355
council whenever the county council performs a function subject to	5356
those rules or agreements.	5357

(b) On application of a county council, the cabinet council	5358
may grant an exemption from any rules or interagency agreements of	5359
a state department participating on the council if an exemption is	5360
necessary for the council to implement an alternative program or	5361
approach for service delivery to families and children. The	5362
application shall describe the proposed program or approach and	5363
specify the rules or interagency agreements from which an	5364
exemption is necessary. The cabinet council shall approve or	5365
disapprove the application in accordance with standards and	5366
procedures it shall adopt. If an application is approved, the	5367
exemption is effective only while the program or approach is being	5368
implemented, including a reasonable period during which the	5369
program or approach is being evaluated for effectiveness.	5370

(5)(a) Each county council shall designate an administrative	5371
agent for the council from among the following public entities:	5372
the board of alcohol, drug addiction, and mental health services,	5373
including a board of alcohol and drug addiction or a community	5374
mental health board if the county is served by separate boards;	5375
the board of county commissioners; any board of health of the	5376
county's city and general health districts; the county department	5377
of job and family services; the county agency responsible for the	5378
administration of children services pursuant to section 5153.15 of	5379
the Revised Code; the county board of developmental disabilities;	5380
any of the county's boards of education or governing boards of	5381
educational service centers; or the county's juvenile court. Any	5382
of the foregoing public entities, other than the board of county	5383
commissioners, may decline to serve as the council's	5384
administrative agent.	5385

A county council's administrative agent shall serve as the	5386
council's appointing authority for any employees of the council.	5387
The council shall file an annual budget with its administrative	5388
agent, with copies filed with the county auditor and with the	5389
board of county commissioners, unless the board is serving as the	5390
council's administrative agent. The council's administrative agent	5391
shall ensure that all expenditures are handled in accordance with	5392
policies, procedures, and activities prescribed by state	5393
departments in rules or interagency agreements that are applicable	5394
to the council's functions.	5395

The administrative agent of a county council shall send	5396
notice of a member's absence if a member listed in division (B)(1)	5397
of this section has been absent from either three consecutive	5398
meetings of the county council or a county council subcommittee,	5399
or from one-quarter of such meetings in a calendar year, whichever	5400
is less. The notice shall be sent to the board of county	5401
commissioners that establishes the county council and, for the	5402
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	5403
section, to the governing board overseeing the respective entity;	5404
for the member listed in division (B)(1)(f) of this section, to	5405
the county board of developmental disabilities that employs the	5406
superintendent; for a member listed in division (B)(1)(g) or (h)	5407
of this section, to the school board that employs the	5408
superintendent; for the member listed in division (B)(1)(i) of	5409
this section, to the mayor of the municipal corporation; for the	5410
member listed in division (B)(1)(k) of this section, to the	5411
director of youth services; and for the member listed in division	5412
(B)(1)(n) of this section, to that member's board of trustees.	5413

The administrative agent for a county council may do any of	5414
the following on behalf of the council:	5415

(i) Enter into agreements or administer contracts with public	5416
or private entities to fulfill specific council business. Such	5417
agreements and contracts are exempt from the competitive bidding	5418
requirements of section 307.86 of the Revised Code if they have	5419
been approved by the county council and they are for the purchase	5420
of family and child welfare or child protection services or other	5421
social or job and family services for families and children. The	5422
approval of the county council is not required to exempt	5423
agreements or contracts entered into under section 5139.34,	5424
5139.41, or 5139.43 of the Revised Code from the competitive	5425
bidding requirements of section 307.86 of the Revised Code.	5426

(ii) As determined by the council, provide financial	5427
stipends, reimbursements, or both, to family representatives for	5428
expenses related to council activity;	5429

(iii) Receive by gift, grant, devise, or bequest any moneys,	5430
lands, or other property for the purposes for which the council is	5431
established. The agent shall hold, apply, and dispose of the	5432
moneys, lands, or other property according to the terms of the	5433
gift, grant, devise, or bequest. Any interest or earnings shall be	5434
treated in the same manner and are subject to the same terms as	5435
the gift, grant, devise, or bequest from which it accrues.	5436

(b)(i) If the county council designates the board of county	5437
commissioners as its administrative agent, the board may, by	5438
resolution, delegate any of its powers and duties as	5439
administrative agent to an executive committee the board	5440
establishes from the membership of the county council. The board	5441
shall name to the executive committee at least the individuals	5442
described in divisions (B)(1)(b) to (h) of this section and may	5443
appoint the president of the board or another individual as the	5444
chair of the executive committee. The executive committee must	5445
include at least one family county council representative who does	5446
not have a family member employed by an agency represented on the	5447
council.	5448

(ii) The executive committee may, with the approval of the	5449
board, hire an executive director to assist the county council in	5450
administering its powers and duties. The executive director shall	5451
serve in the unclassified civil service at the pleasure of the	5452
executive committee. The executive director may, with the approval	5453
of the executive committee, hire other employees as necessary to	5454
properly conduct the county council's business.	5455

(iii) The board may require the executive committee to submit	5456
an annual budget to the board for approval and may amend or repeal	5457
the resolution that delegated to the executive committee its	5458
authority as the county council's administrative agent.	5459

(6) Two or more county councils may enter into an agreement	5460
to administer their county councils jointly by creating a regional	5461
family and children first council. A regional council possesses	5462
the same duties and authority possessed by a county council,	5463
except that the duties and authority apply regionally rather than	5464
to individual counties. Prior to entering into an agreement to	5465
create a regional council, the members of each county council to	5466
be part of the regional council shall meet to determine whether	5467
all or part of the members of each county council will serve as	5468
members of the regional council.	5469

(7) A board of county commissioners may approve a resolution	5470
by a majority vote of the board's members that requires the county	5471
council to submit a statement to the board each time the council	5472
proposes to enter into an agreement, adopt a plan, or make a	5473
decision, other than a decision pursuant to section 121.38 of the	5474
Revised Code, that requires the expenditure of funds for two or	5475
more families. The statement shall describe the proposed	5476
agreement, plan, or decision.	5477

Not later than fifteen days after the board receives the	5478
statement, it shall, by resolution approved by a majority of its	5479
members, approve or disapprove the agreement, plan, or decision.	5480
Failure of the board to pass a resolution during that time period	5481
shall be considered approval of the agreement, plan, or decision.	5482

An agreement, plan, or decision for which a statement is	5483
required to be submitted to the board shall be implemented only if	5484
it is approved by the board.	5485

(C) Each county shall develop a county service coordination	5486
mechanism. The county service coordination mechanism shall serve	5487
as the guiding document for coordination of services in the	5488
county. For children who also receive services under the help me	5489
grow program, the service coordination mechanism shall be	5490
consistent with rules adopted by the department of health under	5491
section 3701.61 of the Revised Code. All family service	5492
coordination plans shall be developed in accordance with the	5493
county service coordination mechanism. The mechanism shall be	5494
developed and approved with the participation of the county	5495
entities representing child welfare; mental retardation and	5496
developmental disabilities; alcohol, drug addiction, and mental	5497
health services; health; juvenile judges; education; the county	5498
family and children first council; and the county early	5499
intervention collaborative established pursuant to the federal	5500
early intervention program operated under the "Individuals with	5501
Disabilities Education Act of 2004." The county shall establish an	5502
implementation schedule for the mechanism. The cabinet council may	5503
monitor the implementation and administration of each county's	5504
service coordination mechanism.	5505

Each mechanism shall include all of the following:

5506

(1) A procedure for an agency, including a juvenile court, or	5507
a family voluntarily seeking service coordination, to refer the	5508
child and family to the county council for service coordination in	5509
accordance with the mechanism;	5510

(2) A procedure ensuring that a family and all appropriate	5511
staff from involved agencies, including a representative from the	5512
appropriate school district, are notified of and invited to	5513
participate in all family service coordination plan meetings;	5514

(3) A procedure that permits a family to initiate a meeting	5515
to develop or review the family's service coordination plan and	5516
allows the family to invite a family advocate, mentor, or support	5517
person of the family's choice to participate in any such meeting;	5518

(4) A procedure for ensuring that a family service	5519
coordination plan meeting is conducted for each child who receives	5520
service coordination under the mechanism and for whom an emergency	5521
out-of-home placement has been made or for whom a nonemergency	5522
out-of-home placement is being considered. The meeting shall be	5523
conducted within ten days of an emergency out-of-home placement.	5524
The meeting shall be conducted before a nonemergency out-of-home	5525
placement. The family service coordination plan shall outline how	5526
the county council members will jointly pay for services, where	5527
applicable, and provide services in the least restrictive	5528
environment.	5529

(5) A procedure for monitoring the progress and tracking the	5530
outcomes of each service coordination plan requested in the county	5531
including monitoring and tracking children in out-of-home	5532
placements to assure continued progress, appropriateness of	5533
placement, and continuity of care after discharge from placement	5534
with appropriate arrangements for housing, treatment, and	5535
education.;	5536

(6) A procedure for protecting the confidentiality of all	5537
personal family information disclosed during service coordination	5538
meetings or contained in the comprehensive family service	5539
coordination plan.	5540

(7) A procedure for assessing the needs and strengths of any	5541
child or family that has been referred to the council for service	5542
coordination, including a child whose parent or custodian is	5543
voluntarily seeking services, and for ensuring that parents and	5544
custodians are afforded the opportunity to participate;	5545

(8) A procedure for development of a family service	5546
coordination plan described in division (D) of this section;	5547

(9) A local dispute resolution process to serve as the	5548
process that must be used first to resolve disputes among the	5549
agencies represented on the county council concerning the	5550
provision of services to children, including children who are	5551
abused, neglected, dependent, unruly, alleged unruly, or	5552
delinquent children and under the jurisdiction of the juvenile	5553
court and children whose parents or custodians are voluntarily	5554
seeking services. The local dispute resolution process shall	5555
comply with sections 121.38, 121.381, and 121.382 of the Revised	5556
Code. The local dispute resolution process shall be used to	5557
resolve disputes between a child's parents or custodians and the	5558
county council regarding service coordination. The county council	5559
shall inform the parents or custodians of their right to use the	5560
dispute resolution process. Parents or custodians shall use	5561
existing local agency grievance procedures to address disputes not	5562
involving service coordination. The dispute resolution process is	5563
in addition to and does not replace other rights or procedures	5564
that parents or custodians may have under other sections of the	5565
Revised Code.	5566

The cabinet council shall adopt rules in accordance with	5567
Chapter 119. of the Revised Code establishing an administrative	5568
review process to address problems that arise concerning the	5569
operation of a local dispute resolution process.	5570

Nothing in division (C)(4) of this section shall be	5571
interpreted as overriding or affecting decisions of a juvenile	5572
court regarding an out-of-home placement, long-term placement, or	5573
emergency out-of-home placement.	5574

(D) Each county shall develop a family service coordination	5575
plan that does all of the following:	5576

(1) Designates service responsibilities among the various	5577
state and local agencies that provide services to children and	5578
their families, including children who are abused, neglected,	5579
dependent, unruly, or delinquent children and under the	5580
jurisdiction of the juvenile court and children whose parents or	5581
custodians are voluntarily seeking services;	5582

(2) Designates an individual, approved by the family, to	5583
track the progress of the family service coordination plan,	5584
schedule reviews as necessary, and facilitate the family service	5585
coordination plan meeting process;	5586

(3) Ensures that assistance and services to be provided are	5587
responsive to the strengths and needs of the family, as well as	5588
the family's culture, race, and ethnic group, by allowing the	5589
family to offer information and suggestions and participate in	5590
decisions. Identified assistance and services shall be provided in	5591
the least restrictive environment possible.	5592

(4) Includes a process for dealing with a child who is	5593
alleged to be an unruly child. The process shall include methods	5594
to divert the child from the juvenile court system;	5595

(5) Includes timelines for completion of goals specified in	5596
the plan with regular reviews scheduled to monitor progress toward	5597
those goals;	5598

(6) Includes a plan for dealing with short-term crisis	5599
situations and safety concerns.	5600

(E)(1) The process provided for under division (D)(4) of this	5601
section may include, but is not limited to, the following:	5602

(a) Designation of the person or agency to conduct the	5603
assessment of the child and the child's family as described in	5604
division (C)(7) of this section and designation of the instrument	5605
or instruments to be used to conduct the assessment;	5606

(b) An emphasis on the personal responsibilities of the child	5607
and the parental responsibilities of the parents, guardian, or	5608
custodian of the child;	5609

(c) Involvement of local law enforcement agencies and	5610
officials.	5611

(2) The method to divert a child from the juvenile court	5612
system that must be included in the service coordination process	5613
may include, but is not limited to, the following:	5614

(a) The preparation of a complaint under section 2151.27 of	5615
the Revised Code alleging that the child is an unruly child and	5616
notifying the child and the parents, guardian, or custodian that	5617
the complaint has been prepared to encourage the child and the	5618
parents, guardian, or custodian to comply with other methods to	5619
divert the child from the juvenile court system;	5620

(b) Conducting a meeting with the child, the parents,	5621
guardian, or custodian, and other interested parties to determine	5622
the appropriate methods to divert the child from the juvenile	5623
court system;	5624

(c) A method to provide to the child and the child's family a	5625
short-term respite from a short-term crisis situation involving a	5626
confrontation between the child and the parents, guardian, or	5627
custodian;	5628

(d) A program to provide a mentor to the child or the	5629
parents, guardian, or custodian;	5630

(e) A program to provide parenting education to the parents,	5631
guardian, or custodian;	5632

(f) An alternative school program for children who are truant	5633
from school, repeatedly disruptive in school, or suspended or	5634
expelled from school;	5635

(g) Other appropriate measures, including, but not limited	5636
to, any alternative methods to divert a child from the juvenile	5637
court system that are identified by the Ohio family and children	5638
first cabinet council.	5639

(F) Each county may review and revise the service	5640
coordination process described in division (D) of this section	5641
based on the availability of funds under Title IV-A of the "Social	5642
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	5643
or to the extent resources are available from any other federal,	5644
state, or local funds.	5645

Sec. 121.372. (A) As used in this section, "substitute care	5646
provider" means any of the following:	5647

(1) ~~An alcohol and drug~~A community addiction ~~program~~	5648
services provider subject to certification under section ~~3793.06~~	5649
5119.36 of the Revised Code;	5650

(2) An institution or association subject to certification	5651
under section 5103.03 of the Revised Code;	5652

(3) A residential facility subject to licensure under section	5653
~~5119.22~~5119.34 of the Revised Code;	5654

(4) A residential facility subject to licensure under section	5655
5123.19 of the Revised Code.	5656

(B) Not later than ninety days after ~~the effective date of~~	5657
~~this section~~March 18, 1999, the members of the Ohio family and	5658
children first cabinet council, other than the director of budget	5659
and management, shall enter into an agreement to establish an	5660
office to perform the duties prescribed by division (C) of this	5661
section. The agreement shall specify one of the departments	5662
represented on the council as the department responsible for	5663
housing and supervising the office. The agreement shall include	5664
the recommendation of the council for funding the office.	5665

(C) The office established pursuant to the agreement entered	5666
into under this section shall review rules governing the	5667
certification and licensure of substitute care providers and	5668
determine which of the rules can be made substantively identical	5669
or more similar in order to minimize the number of differing	5670
certification and licensure standards and simplify the	5671
certification or licensure process for substitute care providers	5672
seeking certification or licensure from two or more of the	5673
departments represented on the council. The office shall provide	5674
county family and children first councils, substitute care	5675
providers, and persons interested in substitute care providers the	5676
opportunity to help the office with the review and determination.	5677
The office shall report its findings to the council. Each of the	5678
departments represented on the council that has adopted rules	5679
governing the certification or licensure of substitute care	5680
providers shall review the report and amend the rules as that	5681
department considers appropriate, except that no rule shall be	5682
amended so as to make it inconsistent with substitute care	5683
provider certification or licensure procedures and standards	5684
established by federal or state law. A department shall give	5685
priority to amendments that will not increase the department's	5686
administrative costs. In amending a rule, a department shall	5687
comply with Chapter 119. or section 111.15 of the Revised Code, as	5688
required by the Revised Code section governing the adoption of the	5689
particular rule.	5690

(D) In accordance with section 124.27 of the Revised Code,	5691
the council shall select a coordinator to oversee the office	5692
established pursuant to the agreement entered into under this	5693
section. The coordinator shall be in the classified service. In	5694
addition to overseeing the office, the coordinator shall perform	5695
any other duties the council assigns to the coordinator. The	5696
duties the council assigns to the coordinator shall be related to	5697
the duties of the office under division (C) of this section.	5698

Sec. 122.075. (A) As used in this section:

5699

(1) "Alternative fuel" has the same meaning as in section	5700
125.831 of the Revised Code.	5701

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	5702
fuel that is derived from vegetable oils or animal fats, or any	5703
combination of those reagents, and that meets American society for	5704
testing and materials specification D6751-03a for biodiesel fuel	5705
(B100) blend stock distillate fuels.	5706

(3) "Diesel fuel" and "gasoline" have the same meanings as in	5707
section 5735.01 of the Revised Code.	5708

(4) "Ethanol" has the same meaning as in section 5733.46 of	5709
the Revised Code.	5710

(5) "Blended biodiesel" means diesel fuel containing at least	5711
twenty per cent biodiesel by volume.	5712

(6) "Blended gasoline" means gasoline containing at least	5713
eighty-five per cent ethanol by volume.	5714

(7) "Incremental cost" means either of the following:

5715

(a) The difference in cost between blended gasoline and	5716
gasoline containing ten per cent or less ethanol at the time that	5717
the blended gasoline is purchased;	5718

(b) The difference in cost between blended biodiesel and	5719
diesel fuel containing two per cent or less biodiesel at the time	5720
that the blended biodiesel is purchased.	5721

(B) For the purpose of improving the air quality in this	5722
state, the director of development services shall establish an	5723
alternative fuel transportation program under which the director	5724
may make grants and loans to businesses, nonprofit organizations,	5725
public school systems, or local governments for the purchase and	5726
installation of alternative fuel refueling or distribution	5727
facilities and terminals, for the purchase and use of alternative	5728
fuel, to pay the cost of fleet conversion, and to pay the costs of	5729
educational and promotional materials and activities intended for	5730
prospective alternative fuel consumers, fuel marketers, and others	5731
in order to increase the availability and use of alternative fuel.	5732

(C) The director, in consultation with the director of	5733
agriculture, shall adopt rules in accordance with Chapter 119. of	5734
the Revised Code that are necessary for the administration of the	5735
alternative fuel transportation program. The rules shall establish	5736
at least all of the following:	5737

(1) An application form and procedures governing the	5738
application process for receiving funds under the program;	5739

(2) A procedure for prioritizing the award of grants and	5740
loans under the program. The procedures shall give preference to	5741
all of the following:	5742

(a) Publicly accessible refueling facilities;

5743

(b) Entities applying to the program that have secured	5744
funding from other sources, including, but not limited to, private	5745
or federal incentives;	5746

(c) Entities that have presented compelling evidence of	5747
demand in the market in which the facilities or terminals will be	5748
located;	5749

(d) Entities that have committed to utilizing purchased or	5750
installed facilities or terminals for the greatest number of	5751
years;	5752

(e) Entities that will be purchasing or installing facilities	5753
or terminals for any type of alternative fuel.	5754

(3) A requirement that the maximum incentive for the purchase	5755
and installation of an alternative fuel refueling or distribution	5756
facility or terminal be eighty per cent of the cost of the	5757
facility or terminal, except that at least twenty per cent of the	5758
total net cost of the facility or terminal shall be incurred by	5759
the recipient and not compensated for by any other source;	5760

(4) A requirement that the maximum incentive for the purchase	5761
of alternative fuel be eighty per cent of the cost of the fuel or,	5762
in the case of blended biodiesel or blended gasoline, eighty per	5763
cent of the incremental cost of the blended biodiesel or blended	5764
gasoline;	5765

(5) Any other criteria, procedures, or guidelines that the	5766
director determines are necessary to administer the program,	5767
including fees, charges, interest rates, and payment schedules.	5768

(D) An applicant for a grant or loan under this section that	5769
sells motor vehicle fuel at retail shall agree that if the	5770
applicant receives funding, the applicant will report to the	5771
director the gallon or gallon equivalent amounts of alternative	5772
fuel the applicant sells at retail in this state for a period of	5773
three years after the project is completed.	5774

The director shall enter into a written confidentiality	5775
agreement with the applicant regarding the gallon or gallon	5776
equivalent amounts sold as described in this division, and upon	5777
execution of the agreement this information is not a public	5778
record.	5779

(E) There is hereby created in the state treasury the	5780
alternative fuel transportation fund. The fund shall consist of	5781
money transferred to the fund under division ~~(C)~~(B) of section	5782
125.836 and under division (B)(2) of section 3706.27 of the	5783
Revised Code, money that is appropriated to it by the general	5784
assembly, ~~and~~ money as may be specified by the general assembly	5785
from the advanced energy fund created by section 4928.61 of the	5786
Revised Code, and all money received from the repayment of loans	5787
made from the fund or in the event of a default on any such loan.	5788
Money in the fund shall be used to make grants and loans under the	5789
alternative fuel transportation program and by the director in the	5790
administration of that program.	5791

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

5792

(1) "Income tax revenue" means the total amount withheld	5793
under section 5747.06 of the Revised Code by the taxpayer during	5794
the taxable year, or during the calendar year that includes the	5795
tax period, from the compensation of each employee or each	5796
home-based employee employed in the project to the extent the	5797
employee's withholdings are not used to determine the credit under	5798
section 122.171 of the Revised Code. "Income tax revenue" excludes	5799
amounts withheld before the day the taxpayer becomes eligible for	5800
the credit.	5801

(2) "Baseline income tax revenue" means income tax revenue	5802
except that the applicable withholding period is the twelve months	5803
immediately preceding the date the tax credit authority approves	5804
the taxpayer's application or the date the tax credit authority	5805
receives the recommendation described in division (C)(2)(a) of	5806
this section, whichever occurs first, multiplied by the sum of one	5807
plus an annual pay increase factor to be determined by the tax	5808
credit authority. If the taxpayer becomes eligible for the credit	5809
after the first day of the taxpayer's taxable year or after the	5810
first day of the calendar year that includes the tax period, the	5811
taxpayer's baseline income tax revenue for the first such taxable	5812
or calendar year of credit eligibility shall be reduced in	5813
proportion to the number of days during the taxable or calendar	5814
year for which the taxpayer was not eligible for the credit. For	5815
subsequent taxable or calendar years, "baseline income tax	5816
revenue" equals the unreduced baseline income tax revenue for the	5817
preceding taxable or calendar year multiplied by the sum of one	5818
plus the pay increase factor.	5819

(3) "Excess income tax revenue" means income tax revenue	5820
minus baseline income tax revenue.	5821

(4) "Home-based employee" means an employee whose services	5822
are performed primarily from the employee's residence in this	5823
state exclusively for the benefit of the project and whose rate of	5824
pay is at least one hundred thirty-one per cent of the federal	5825
minimum wage under 29 U.S.C. 206.	5826

(B) The tax credit authority may make grants under this	5827
section to foster job creation in this state. Such a grant shall	5828
take the form of a refundable credit allowed against the tax	5829
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, or 5747.02	5830
or levied under Chapter 5751. of the Revised Code. The credit	5831
shall be claimed for the taxable years or tax periods specified in	5832
the taxpayer's agreement with the tax credit authority under	5833
division (D) of this section. With respect to taxes imposed under	5834
section 5726.02, 5733.06, or 5747.02 or Chapter 5751. of the	5835
Revised Code, the credit shall be claimed in the order required	5836
under section 5726.98, 5733.98, 5747.98, or 5751.98 of the Revised	5837
Code. The amount of the credit available for a taxable year or for	5838
a calendar year that includes a tax period equals the excess	5839
income tax revenue for that year multiplied by the percentage	5840
specified in the agreement with the tax credit authority. Any	5841
credit granted under this section against the tax imposed by	5842
section 5733.06 or 5747.02 of the Revised Code, to the extent not	5843
fully utilized against such tax for taxable years ending prior to	5844
2008, shall automatically be converted without any action taken by	5845
the tax credit authority to a credit against the tax levied under	5846
Chapter 5751. of the Revised Code for tax periods beginning on or	5847
after July 1, 2008, provided that the person to whom the credit	5848
was granted is subject to such tax. The converted credit shall	5849
apply to those calendar years in which the remaining taxable years	5850
specified in the agreement end.	5851

(C)(1) A taxpayer or potential taxpayer who proposes a	5852
project to create new jobs in this state may apply to the tax	5853
credit authority to enter into an agreement for a tax credit under	5854
this section.	5855

An application shall not propose to include both home-based	5856
employees and employees who are not home-based employees in the	5857
computation of income tax revenue for the purposes of the same tax	5858
credit agreement. If a taxpayer or potential taxpayer employs both	5859
home-based employees and employees who are not home-based	5860
employees in a project, the taxpayer shall submit separate	5861
applications for separate tax credit agreements for the project,	5862
one of which shall include home-based employees in the computation	5863
of income tax revenue and one of which shall include all other	5864
employees in the computation of income tax revenue.	5865

The director of development services shall prescribe the form	5866
of the application. After receipt of an application, the authority	5867
may enter into an agreement with the taxpayer for a credit under	5868
this section if it determines all of the following:	5869

(a) The taxpayer's project will increase payroll and income	5870
tax revenue;	5871

(b) The taxpayer's project is economically sound and will	5872
benefit the people of this state by increasing opportunities for	5873
employment and strengthening the economy of this state;	5874

(c) Receiving the tax credit is a major factor in the	5875
taxpayer's decision to go forward with the project.	5876

(2)(a) A taxpayer that chooses to begin the project prior to	5877
receiving the determination of the authority may, upon submitting	5878
the taxpayer's application to the authority, request that the	5879
chief investment officer of the nonprofit corporation formed under	5880
section 187.01 of the Revised Code and the director review the	5881
taxpayer's application and recommend to the authority that the	5882
taxpayer's application be considered. As soon as possible after	5883
receiving such a request, the chief investment officer and the	5884
director shall review the taxpayer's application and, if they	5885
determine that the application warrants consideration by the	5886
authority, make that recommendation to the authority not later	5887
than six months after the application is received by the	5888
authority.	5889

(b) The authority shall consider any taxpayer's application	5890
for which it receives a recommendation under division (C)(2)(a) of	5891
this section. If the authority determines that the taxpayer does	5892
not meet all of the criteria set forth in division (C)(1) of this	5893
section, the authority and the development services agency shall	5894
proceed in accordance with rules adopted by the director pursuant	5895
to division (I) of this section.	5896

(D) An agreement under this section shall include all of the	5897
following:	5898

(1) A detailed description of the project that is the subject	5899
of the agreement;	5900

(2)(a) The term of the tax credit, which, except as provided	5901
in division (D)(2)(b) of this section, shall not exceed fifteen	5902
years, and the first taxable year, or first calendar year that	5903
includes a tax period, for which the credit may be claimed;	5904

(b) If the tax credit is computed on the basis of home-based	5905
employees, the term of the credit shall expire on or before the	5906
last day of the taxable or calendar year ending before the	5907
beginning of the seventh year after September 6, 2012, the	5908
effective date of H.B. 327 of the 129th general assembly;.	5909

(3) A requirement that the taxpayer shall maintain operations	5910
at the project location for at least the greater of seven years or	5911
the term of the credit plus three years;	5912

(4) The percentage, as determined by the tax credit	5913
authority, of excess income tax revenue that will be allowed as	5914
the amount of the credit for each taxable year or for each	5915
calendar year that includes a tax period;	5916

(5) The pay increase factor to be applied to the taxpayer's	5917
baseline income tax revenue;	5918

(6) A requirement that the taxpayer annually shall report to	5919
the director of development services employment, tax withholding,	5920
investment, the provision of health care benefits and tuition	5921
reimbursement if required in the agreement, and other information	5922
the director needs to perform the director's duties under this	5923
section;	5924

(7) A requirement that the director of development services	5925
annually review the information reported under division (D)(6) of	5926
this section and verify compliance with the agreement; if the	5927
taxpayer is in compliance, a requirement that the director issue a	5928
certificate to the taxpayer stating that the information has been	5929
verified and identifying the amount of the credit that may be	5930
claimed for the taxable or calendar year;	5931

(8) A provision providing that the taxpayer may not relocate	5932
a substantial number of employment positions from elsewhere in	5933
this state to the project location unless the director of	5934
development services determines that the legislative authority of	5935
the county, township, or municipal corporation from which the	5936
employment positions would be relocated has been notified by the	5937
taxpayer of the relocation.	5938

For purposes of this section, the movement of an employment	5939
position from one political subdivision to another political	5940
subdivision shall be considered a relocation of an employment	5941
position unless the employment position in the first political	5942
subdivision is replaced.	5943

(9) If the tax credit is computed on the basis of home-based	5944
employees, that the tax credit may not be claimed by the taxpayer	5945
until the taxable year or tax period in which the taxpayer employs	5946
at least two hundred employees more than the number of employees	5947
the taxpayer employed on June 30, 2011.	5948

(E) If a taxpayer fails to meet or comply with any condition	5949
or requirement set forth in a tax credit agreement, the tax credit	5950
authority may amend the agreement to reduce the percentage or term	5951
of the tax credit. The reduction of the percentage or term may	5952
take effect in the current taxable or calendar year.	5953

(F) Projects that consist solely of point-of-final-purchase	5954
retail facilities are not eligible for a tax credit under this	5955
section. If a project consists of both point-of-final-purchase	5956
retail facilities and nonretail facilities, only the portion of	5957
the project consisting of the nonretail facilities is eligible for	5958
a tax credit and only the excess income tax revenue from the	5959
nonretail facilities shall be considered when computing the amount	5960
of the tax credit. If a warehouse facility is part of a	5961
point-of-final-purchase retail facility and supplies only that	5962
facility, the warehouse facility is not eligible for a tax credit.	5963
Catalog distribution centers are not considered	5964
point-of-final-purchase retail facilities for the purposes of this	5965
division, and are eligible for tax credits under this section.	5966

(G) Financial statements and other information submitted to	5967
the development services agency or the tax credit authority by an	5968
applicant or recipient of a tax credit under this section, and any	5969
information taken for any purpose from such statements or	5970
information, are not public records subject to section 149.43 of	5971
the Revised Code. However, the chairperson of the authority may	5972
make use of the statements and other information for purposes of	5973
issuing public reports or in connection with court proceedings	5974
concerning tax credit agreements under this section. Upon the	5975
request of the tax commissioner or, if the applicant or recipient	5976
is an insurance company, upon the request of the superintendent of	5977
insurance, the chairperson of the authority shall provide to the	5978
commissioner or superintendent any statement or information	5979
submitted by an applicant or recipient of a tax credit in	5980
connection with the credit. The commissioner or superintendent	5981
shall preserve the confidentiality of the statement or	5982
information.	5983

(H) A taxpayer claiming a credit under this section shall	5984
submit to the tax commissioner or, if the taxpayer is an insurance	5985
company, to the superintendent of insurance, a copy of the	5986
director of development services' certificate of verification	5987
under division (D)(7) of this section with the taxpayer's tax	5988
report or return for the taxable year or for the calendar year	5989
that includes the tax period. Failure to submit a copy of the	5990
certificate with the report or return does not invalidate a claim	5991
for a credit if the taxpayer submits a copy of the certificate to	5992
the commissioner or superintendent within sixty days after the	5993
commissioner or superintendent requests it.	5994

(I) The director of development services, after consultation	5995
with the tax commissioner and the superintendent of insurance and	5996
in accordance with Chapter 119. of the Revised Code, shall adopt	5997
rules necessary to implement this section, including rules that	5998
establish a procedure to be followed by the tax credit authority	5999
and the development services agency in the event the authority	6000
considers a taxpayer's application for which it receives a	6001
recommendation under division (C)(2)(a) of this section but does	6002
not approve it. The rules may provide for recipients of tax	6003
credits under this section to be charged fees to cover	6004
administrative costs of the tax credit program. The fees collected	6005
shall be credited to the business assistance fund created in	6006
section 122.174 of the Revised Code. At the time the director	6007
gives public notice under division (A) of section 119.03 of the	6008
Revised Code of the adoption of the rules, the director shall	6009
submit copies of the proposed rules to the chairpersons of the	6010
standing committees on economic development in the senate and the	6011
house of representatives.	6012

(J) For the purposes of this section, a taxpayer may include	6013
a partnership, a corporation that has made an election under	6014
subchapter S of chapter one of subtitle A of the Internal Revenue	6015
Code, or any other business entity through which income flows as a	6016
distributive share to its owners. A partnership, S-corporation, or	6017
other such business entity may elect to pass the credit received	6018
under this section through to the persons to whom the income or	6019
profit of the partnership, S-corporation, or other entity is	6020
distributed. The election shall be made on the annual report	6021
required under division (D)(6) of this section. The election	6022
applies to and is irrevocable for the credit for which the report	6023
is submitted. If the election is made, the credit shall be	6024
apportioned among those persons in the same proportions as those	6025
in which the income or profit is distributed.	6026

(K) If the director of development services determines that a	6027
taxpayer who has received a credit under this section is not	6028
complying with the requirement under division (D)(3) of this	6029
section, the director shall notify the tax credit authority of the	6030
noncompliance. After receiving such a notice, and after giving the	6031
taxpayer an opportunity to explain the noncompliance, the tax	6032
credit authority may require the taxpayer to refund to this state	6033
a portion of the credit in accordance with the following:	6034

(1) If the taxpayer maintained operations at the project	6035
location for a period less than or equal to the term of the	6036
credit, an amount not exceeding one hundred per cent of the sum of	6037
any credits allowed and received under this section;	6038

(2) If the taxpayer maintained operations at the project	6039
location for a period longer than the term of the credit, but less	6040
than the greater of seven years or the term of the credit plus	6041
three years, an amount not exceeding seventy-five per cent of the	6042
sum of any credits allowed and received under this section.	6043

In determining the portion of the tax credit to be refunded	6044
to this state, the tax credit authority shall consider the effect	6045
of market conditions on the taxpayer's project and whether the	6046
taxpayer continues to maintain other operations in this state.	6047
After making the determination, the authority shall certify the	6048
amount to be refunded to the tax commissioner or superintendent of	6049
insurance, as appropriate. If the amount is certified to the	6050
commissioner, the commissioner shall make an assessment for that	6051
amount against the taxpayer under Chapter 5726., 5733., 5747., or	6052
5751. of the Revised Code. If the amount is certified to the	6053
superintendent, the superintendent shall make an assessment for	6054
that amount against the taxpayer under Chapter 5725. or 5729. of	6055
the Revised Code. The time limitations on assessments under those	6056
chapters do not apply to an assessment under this division, but	6057
the commissioner or superintendent, as appropriate, shall make the	6058
assessment within one year after the date the authority certifies	6059
to the commissioner or superintendent the amount to be refunded.	6060

(L) On or before the first day of August each year, the	6061
director of development services shall submit a report to the	6062
governor, the president of the senate, and the speaker of the	6063
house of representatives on the tax credit program under this	6064
section. The report shall include information on the number of	6065
agreements that were entered into under this section during the	6066
preceding calendar year, a description of the project that is the	6067
subject of each such agreement, and an update on the status of	6068
projects under agreements entered into before the preceding	6069
calendar year.	6070

(M) There is hereby created the tax credit authority, which	6071
consists of the director of development services and four other	6072
members appointed as follows: the governor, the president of the	6073
senate, and the speaker of the house of representatives each shall	6074
appoint one member who shall be a specialist in economic	6075
development; the governor also shall appoint a member who is a	6076
specialist in taxation. Of the initial appointees, the members	6077
appointed by the governor shall serve a term of two years; the	6078
members appointed by the president of the senate and the speaker	6079
of the house of representatives shall serve a term of four years.	6080
Thereafter, terms of office shall be for four years. Initial	6081
appointments to the authority shall be made within thirty days	6082
after January 13, 1993. Each member shall serve on the authority	6083
until the end of the term for which the member was appointed.	6084
Vacancies shall be filled in the same manner provided for original	6085
appointments. Any member appointed to fill a vacancy occurring	6086
prior to the expiration of the term for which the member's	6087
predecessor was appointed shall hold office for the remainder of	6088
that term. Members may be reappointed to the authority. Members of	6089
the authority shall receive their necessary and actual expenses	6090
while engaged in the business of the authority. The director of	6091
development services shall serve as chairperson of the authority,	6092
and the members annually shall elect a vice-chairperson from among	6093
themselves. Three members of the authority constitute a quorum to	6094
transact and vote on the business of the authority. The majority	6095
vote of the membership of the authority is necessary to approve	6096
any such business, including the election of the vice-chairperson.	6097

The director of development services may appoint a	6098
professional employee of the development services agency to serve	6099
as the director's substitute at a meeting of the authority. The	6100
director shall make the appointment in writing. In the absence of	6101
the director from a meeting of the authority, the appointed	6102
substitute shall serve as chairperson. In the absence of both the	6103
director and the director's substitute from a meeting, the	6104
vice-chairperson shall serve as chairperson.	6105

(N) For purposes of the credits granted by this section	6106
against the taxes imposed under sections 5725.18 and 5729.03 of	6107
the Revised Code, "taxable year" means the period covered by the	6108
taxpayer's annual statement to the superintendent of insurance.	6109

(O) On or before the first day of ~~January~~March of each of	6110
the ~~six~~five calendar years ~~following the year in which H.B. 327~~	6111
~~of the 129th general assembly becomeseffective~~beginning with	6112
2014, each taxpayer subject to an agreement with the tax credit	6113
authority under this section on the basis of home-based employees	6114
shall report the number of home-based employees and other	6115
employees employed by the taxpayer in this state to the ~~department~~	6116
of development services agency.	6117

(P) On or before the first day of January of ~~the seventh~~	6118
~~calendar year following the year in which H.B. 327 of the 129th~~	6119
~~general assembly became effective~~2019, the director of	6120
development services shall submit a report to the governor, the	6121
president of the senate, and the speaker of the house of	6122
representatives on the effect of agreements entered into under	6123
this section in which the taxpayer included home-based employees	6124
in the computation of income tax revenue. The report shall include	6125
information on the number of such agreements that were entered	6126
into in the preceding six years, a description of the projects	6127
that were the subjects of such agreements, and an analysis of	6128
nationwide home-based employment trends, including the number of	6129
home-based jobs created from July 1, 2011, through June 30, 2017,	6130
and a description of any home-based employment tax incentives	6131
provided by other states during that time.	6132

(Q) The director of development services may require any	6133
agreement entered into under this section for a tax credit	6134
computed on the basis of home-based employees to contain a	6135
provision that the taxpayer makes available health care benefits	6136
and tuition reimbursement to all employees.	6137

Sec. 122.175. (A) As used in this section:

6138

(1) "Capital investment project" means a plan of investment	6139
at a project site for the acquisition, construction, renovation,	6140
expansion, replacement, or repair of a computer data center or of	6141
computer data center equipment, but does not include any of the	6142
following:	6143

(a) Project costs paid before a date determined by the tax	6144
credit authority for each capital investment project;	6145

(b) Payments made to a related member as defined in section	6146
5733.042 of the Revised Code or to a consolidated elected taxpayer	6147
or a combined taxpayer as defined in section 5751.01 of the	6148
Revised Code.	6149

(2) "Computer data center" means a facility used or to be	6150
used primarily to house computer data center equipment used or to	6151
be used in conducting a computer data center business, as	6152
determined by the tax credit authority.	6153

(3) "Computer data center business" means, as may be further	6154
determined by the tax credit authority, a business that provides	6155
electronic information services as defined in ~~division (Y)(1)(c)~~	6156
of section ~~5739.01~~5739.071 of the Revised Code. "Computer data	6157
center business" does not include providing electronic publishing	6158
as defined in ~~division (LLL) of that~~ section 5739.01 of the	6159
Revised Code.	6160

(4) "Computer data center equipment" means tangible personal	6161
property used or to be used for any of the following:	6162

(a) To conduct a computer data center business, including	6163
equipment cooling systems to manage the performance of computer	6164
data center equipment;	6165

(b) To generate, transform, transmit, distribute, or manage	6166
electricity necessary to operate the tangible personal property	6167
used or to be used in conducting a computer data center business;	6168

(c) As building and construction materials sold to	6169
construction contractors for incorporation into a computer data	6170
center.	6171

(5) "Eligible computer data center" means a computer data	6172
center that satisfies all of the following requirements:	6173

(a) The taxpayer will make payments for a capital investment	6174
project of at least one hundred million dollars in the aggregate	6175
at the project site during a period of three consecutive calendar	6176
years;	6177

(b) The taxpayer will pay annual compensation that is subject	6178
to the withholding obligation imposed under section 5747.06 of the	6179
Revised Code of at least five million dollars to employees	6180
employed at the project site for the term of the agreement.	6181

(6) "Person" has the same meaning as in section 5701.01 of	6182
the Revised Code.	6183

(7) "Project site," "related member," and "tax credit	6184
authority" have the same meanings as in sections 122.17 and	6185
122.171 of the Revised Code.	6186

(8) "Taxpayer" means any person subject to the taxes imposed	6187
under Chapters 5739. and 5741. of the Revised Code.	6188

(B) The tax credit authority may completely or partially	6189
exempt from the taxes levied under Chapters 5739. and 5741. of the	6190
Revised Code the sale, storage, use, or other consumption of	6191
computer data center equipment used or to be used at an eligible	6192
computer data center. Any such exemption shall extend to charges	6193
for the delivery, installation, or repair of the computer data	6194
center equipment subject to the exemption under this section.	6195

(C) A taxpayer that proposes a capital improvement project	6196
for an eligible computer data center in this state may apply to	6197
the tax credit authority to enter into an agreement under this	6198
section for a complete or partial exemption from the taxes imposed	6199
under Chapters 5739. and 5741. of the Revised Code on computer	6200
data center equipment used or to be used at the eligible computer	6201
data center. The director of development services shall prescribe	6202
the form of the application. After receipt of an application, the	6203
authority shall forward copies of the application to the director	6204
of budget and management, the tax commissioner, and the director	6205
of development services, each of whom shall review the application	6206
to determine the economic impact that the proposed eligible	6207
computer data center would have on the state and any affected	6208
political subdivisions and submit to the authority a summary of	6209
their determinations and recommendations.	6210

(D) Upon review and consideration of such determinations and	6211
recommendations, the tax credit authority may enter into an	6212
agreement with the taxpayer for a complete or partial exemption	6213
from the taxes imposed under Chapters 5739. and 5741. of the	6214
Revised Code on computer data center equipment used or to be used	6215
at an eligible computer data center if the authority determines	6216
all of the following:	6217

(1) The taxpayer's capital investment project for the	6218
eligible computer data center will increase payroll and the amount	6219
of income taxes to be withheld from employee compensation pursuant	6220
to section 5747.06 of the Revised Code.	6221

(2) The taxpayer is economically sound and has the ability to	6222
complete the proposed capital investment project.	6223

(3) The taxpayer intends to and has the ability to maintain	6224
operations at the project site for the term of the agreement.	6225

(4) Receiving the exemption is a major factor in the	6226
taxpayer's decision to begin, continue with, or complete the	6227
capital investment project.	6228

(E) An agreement entered into under this section shall	6229
include all of the following:	6230

(1) A detailed description of the capital investment project	6231
that is the subject of the agreement, including the amount of the	6232
investment, the period over which the investment has been or is	6233
being made, the annual compensation to be paid by the taxpayer to	6234
its employees at the project site, and the anticipated amount of	6235
income taxes to be withheld from employee compensation pursuant to	6236
section 5747.06 of the Revised Code.	6237

(2) The percentage of the exemption from the taxes imposed	6238
under Chapters 5739. and 5741. of the Revised Code for the	6239
computer data center equipment used or to be used at the eligible	6240
computer data center, the length of time the computer data center	6241
equipment will be exempted, and the first date on which the	6242
exemption applies.	6243

(3) A requirement that the taxpayer maintain the computer	6244
data center as an eligible computer data center during the term of	6245
the agreement and that the taxpayer maintain operations at the	6246
eligible computer data center during that term.	6247

(4) A requirement that during each year of the term of the	6248
agreement the taxpayer pay annual compensation that is subject to	6249
the withholding obligation imposed under section 5747.06 of the	6250
Revised Code of at least five million dollars to its employees at	6251
the eligible computer data center.	6252

(5) A requirement that the taxpayer annually report to the	6253
director of development services employment, tax withholding,	6254
capital investment, and other information required by the director	6255
to perform the director's duties under this section.	6256

(6) A requirement that the director of development services	6257
annually review the annual reports of the taxpayer to verify the	6258
information reported under division (E)(5) of this section and	6259
compliance with the agreement. Upon verification, the director	6260
shall issue a certificate to the taxpayer stating that the	6261
information has been verified and that the taxpayer remains	6262
eligible for the exemption specified in the agreement.	6263

(7) A provision providing that the taxpayer may not relocate	6264
a substantial number of employment positions from elsewhere in	6265
this state to the project site unless the director of development	6266
services determines that the taxpayer notified the legislative	6267
authority of the county, township, or municipal corporation from	6268
which the employment positions would be relocated. For purposes of	6269
this paragraph, the movement of an employment position from one	6270
political subdivision to another political subdivision shall be	6271
considered a relocation of an employment position unless the	6272
movement is confined to the project site. The transfer of an	6273
employment position from one political subdivision to another	6274
political subdivision shall not be considered a relocation of an	6275
employment position if the employment position in the first	6276
political subdivision is replaced by another employment position.	6277

(8) A waiver by the taxpayer of any limitations periods	6278
relating to assessments or adjustments resulting from the	6279
taxpayer's failure to comply with the agreement.	6280

(F) The term of an agreement under this section shall be	6281
determined by the tax credit authority, and the amount of the	6282
exemption shall not exceed one hundred per cent of such taxes that	6283
would otherwise be owed in respect to the exempted computer data	6284
center equipment.	6285

(G) If a taxpayer fails to meet or comply with any condition	6286
or requirement set forth in an agreement under this section, the	6287
tax credit authority may amend the agreement to reduce the	6288
percentage of the exemption or term during which the exemption	6289
applies to the computer data center equipment used or to be used	6290
at an eligible computer data center. The reduction of the	6291
percentage or term may take effect in the current calendar year.	6292

(H) Financial statements and other information submitted to	6293
the ~~department of~~ development services agency or the tax credit	6294
authority by an applicant for or recipient of an exemption under	6295
this section, and any information taken for any purpose from such	6296
statements or information, are not public records subject to	6297
section 149.43 of the Revised Code. However, the chairperson of	6298
the authority may make use of the statements and other information	6299
for purposes of issuing public reports or in connection with court	6300
proceedings concerning tax exemption agreements under this	6301
section. Upon the request of the tax commissioner, the chairperson	6302
of the authority shall provide to the tax commissioner any	6303
statement or other information submitted by an applicant for or	6304
recipient of an exemption under this section. The tax commissioner	6305
shall preserve the confidentiality of the statement or other	6306
information.	6307

(I) The tax commissioner shall issue a direct payment permit	6308
under section 5739.031 of the Revised Code to a taxpayer that	6309
enters into an agreement under this section. Such direct payment	6310
permit shall authorize the taxpayer to pay any sales and use taxes	6311
due on purchases of computer data center equipment used or to be	6312
used in an eligible computer data center and to pay any sales and	6313
use taxes due on purchases of tangible personal property or	6314
taxable services other than computer data center equipment used or	6315
to be used in an eligible computer data center directly to the tax	6316
commissioner. Each taxpayer shall pay pursuant to such direct	6317
payment permit all sales tax levied on such purchases under	6318
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	6319
Code and all use tax levied on such purchases under sections	6320
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code,	6321
consistent with the terms of the agreement entered into under this	6322
section.	6323

During the term of an agreement under this section the	6324
taxpayer shall submit to the tax commissioner a return that shows	6325
the amount of computer data center equipment purchased for use at	6326
the eligible computer data center, the amount of tangible personal	6327
property and taxable services other than computer data center	6328
equipment purchased for use at the eligible computer data center,	6329
the amount of tax under Chapter 5739. or 5741. of the Revised Code	6330
that would be due in the absence of the agreement under this	6331
section, the exemption percentage for computer data center	6332
equipment specified in the agreement, and the amount of tax due	6333
under Chapter 5739. or 5741. of the Revised Code as a result of	6334
the agreement under this section. The taxpayer shall pay the tax	6335
shown on the return to be due in the manner and at the times as	6336
may be further prescribed by the tax commissioner. The taxpayer	6337
shall include a copy of the director of development services'	6338
certificate of verification issued under division (E)(6) of this	6339
section. Failure to submit a copy of the certificate with the	6340
return does not invalidate the claim for exemption if the taxpayer	6341
submits a copy of the certificate to the tax commissioner within	6342
sixty days after the tax commissioner requests it.	6343

(J) If the director of development services determines that a	6344
taxpayer that received an exemption under this section is not	6345
complying with the requirement under division (E)(3) of this	6346
section, the director shall notify the tax credit authority of the	6347
noncompliance. After receiving such a notice, and after giving the	6348
taxpayer an opportunity to explain the noncompliance, the	6349
authority may terminate the agreement and require the taxpayer to	6350
pay to the state all or a portion of the taxes that would have	6351
been owed in regards to the exempt equipment in previous years,	6352
all as determined under rules adopted pursuant to division (K) of	6353
this section. In determining the portion of the taxes that would	6354
have been owed on the previously exempted equipment to be paid to	6355
this state by the taxpayer, the authority shall consider the	6356
effect of market conditions on the taxpayer's eligible computer	6357
data center and whether the taxpayer continues to maintain other	6358
operations in this state. After making the determination, the	6359
authority shall certify to the tax commissioner the amount to be	6360
paid by the taxpayer. The tax commissioner shall make an	6361
assessment for that amount against the taxpayer under Chapter	6362
5739. or 5741. of the Revised Code. The time limitations on	6363
assessments under those chapters do not apply to an assessment	6364
under this division, but the tax commissioner shall make the	6365
assessment within one year after the date the authority certifies	6366
to the tax commissioner the amount to be paid by the taxpayer.	6367

(K) The director of development services, after consultation	6368
with the tax commissioner and in accordance with Chapter 119. of	6369
the Revised Code, shall adopt rules necessary to implement this	6370
section. The rules may provide for recipients of tax exemptions	6371
under this section to be charged fees to cover administrative	6372
costs incurred in the administration of this section. The fees	6373
collected shall be credited to the business assistance fund	6374
created in section 122.174 of the Revised Code. At the time the	6375
director gives public notice under division (A) of section 119.03	6376
of the Revised Code of the adoption of the rules, the director	6377
shall submit copies of the proposed rules to the chairpersons of	6378
the standing committees on economic development in the senate and	6379
the house of representatives.	6380

(L) On or before the first day of August of each year, the	6381
director of development services shall submit a report to the	6382
governor, the president of the senate, and the speaker of the	6383
house of representatives on the tax exemption authorized under	6384
this section. The report shall include information on the number	6385
of agreements that were entered into under this section during the	6386
preceding calendar year, a description of the eligible computer	6387
data center that is the subject of each such agreement, and an	6388
update on the status of eligible computer data centers under	6389
agreements entered into before the preceding calendar year.	6390

Sec. 122.28. As used in sections 122.28 and 122.30 to 122.36	6391
of the Revised Code:	6392

(A) "New technology" means the development through science or	6393
research of methods, processes, and procedures, including but not	6394
limited to those involving the processing and utilization of coal,	6395
for practical application in industrial or agribusiness	6396
situations.	6397

(B) "Industrial research" means study and investigation in	6398
giving new shapes, new qualities or new combinations to matter or	6399
material products by the application of labor thereto or the	6400
rehabilitation of an existing matter or material product.	6401

(C) "Enterprise" means a business with its principal place of	6402
business in this state or which proposes to be engaged in this	6403
state in research and development or in the provision of products	6404
or services involving a significant amount of new technology.	6405

(D) "Educational institutions" means nonprofit public and	6406
private colleges and universities, incorporated or unincorporated,	6407
in the state.	6408

(E) "Small business" means an enterprise with less than four	6409
hundred employees, including corporations, partnerships,	6410
unincorporated entities, proprietorships, and joint enterprises.	6411

(F) "Applied research" means the application of basic	6412
research for the development of new technology.	6413

Sec. 122.30. The ~~industrial technology and enterprise~~	6414
~~advisory council and the~~ director of development ~~are~~services is	6415
vested with the powers and duties provided in sections 122.28 and	6416
122.30 to 122.36 of the Revised Code, to promote the welfare of	6417
the people of the state through the interaction of the business	6418
and industrial community and educational institutions in the	6419
development of new technology and enterprise.	6420

(A) It is necessary for the state to establish the ~~industrial~~	6421
~~technology and enterprise advisory council and the~~ programs	6422
created pursuant to sections 122.28 and 122.30 to 122.36 of the	6423
Revised Code to accomplish the following purposes which are	6424
determined to be essential:	6425

(1) Improve the existing industrial and agricultural base of	6426
the state;	6427

(2) Improve the economy of the state by providing employment,	6428
increasing productivity, and slowing the rate of inflation;	6429

(3) Develop markets worldwide for the products of the state's	6430
natural resources and agricultural and manufacturing industries;	6431

(4) Maintain a high standard of living for the people of the	6432
state.	6433

(B) ~~The industrial technology and enterprise advisory council~~	6434
~~shall do all of the following:~~	6435

~~(1) Make recommendations to the director of development as to~~	6436
~~applications for assistance pursuant to sections 122.28 to 122.36~~	6437
~~of the Revised Code. The council may revise its recommendations to~~	6438
~~reflect any changes in the proposed assistance made by the~~	6439
~~director.~~	6440

~~(2) Advise the director in the administration of sections~~	6441
~~122.28 to 122.36 of the Revised Code;~~	6442

~~(3) Adopt bylaws to govern the conduct of the council's~~	6443
~~business.~~	6444

~~(C)~~ The director ~~of development~~ shall do all of the	6445
following:	6446

(1) Receive applications for assistance under sections 122.28	6447
and 122.30 to 122.36 of the Revised Code ~~and, after processing,~~	6448
~~forward them to the council together with necessary supporting~~	6449
~~information~~;	6450

(2) ~~Receive the recommendations of the council and make~~Make	6451
a ~~final~~ determination whether to approve the application for	6452
assistance;	6453

(3) Transmit determinations to approve assistance exceeding	6454
forty thousand dollars to the controlling board, together with any	6455
information the controlling board requires, for the board's review	6456
and decision as to whether to approve the assistance;	6457

(4) Gather and disseminate information and conduct hearings,	6458
conferences, seminars, investigations, and special studies on	6459
problems and programs concerning industrial research and new	6460
technology and their commercial applications in the state;	6461

(5) Establish an annual program to recognize the	6462
accomplishments and contributions of individuals and organizations	6463
in the development of industrial research and new technology in	6464
the state;	6465

(6) Stimulate both public and industrial awareness and	6466
interest in industrial research and development of new technology	6467
primarily in the areas of industrial processes, implementation,	6468
energy, agribusiness, medical technology, avionics, and food	6469
processing;	6470

(7) Develop and implement comprehensive and coordinated	6471
policies, programs, and procedures promoting industrial research	6472
and new technology;	6473

(8) Propose appropriate legislation or executive actions to	6474
stimulate the development of industrial research and new	6475
technology by enterprises and individuals;	6476

(9) Encourage and facilitate contracts between industry,	6477
agriculture, educational institutions, federal agencies, and state	6478
agencies, with special emphasis on industrial research and new	6479
technology by small businesses and agribusiness;	6480

(10) Participate with any state agency in developing specific	6481
programs and goals to assist in the development of industrial	6482
research and new technology and monitor performance;	6483

(11) Assist enterprises in obtaining alternative forms of	6484
governmental or commercial financing for industrial research and	6485
new technology;	6486

(12) Assist enterprises or individuals in the implementation	6487
of new programs and policies and the expansion of existing	6488
programs to provide an atmosphere conducive to increased	6489
cooperation among and participation by individuals, enterprises,	6490
and educational institutions engaged in industrial research and	6491
the development of new technology;	6492

(13) Advertise, prepare, print, and distribute books, maps,	6493
pamphlets, and other information ~~which in the judgment of the~~	6494
~~director will further its purposes~~;	6495

(14) Include in the director's annual report to the governor	6496
and the general assembly a report on the activities for the	6497
preceding calendar year under sections 122.28 and 122.30 to 122.36	6498
of the Revised Code;	6499

(15) Approve the expenditure of money appropriated by the	6500
general assembly for the purpose of sections 122.28 and 122.30 to	6501
122.36 of the Revised Code;	6502

(16) Identify and implement federal research and development	6503
programs which would link Ohio's industrial base, research	6504
facilities, and natural resources;	6505

(17) Employ and fix the compensation of technical and	6506
professional personnel, who shall be in the unclassified civil	6507
service, and employ other personnel, who shall be in the	6508
classified civil service, as necessary to carry out the provisions	6509
of sections 122.28 and 122.30 to 122.36 of the Revised Code.	6510

Sec. 122.31. All expenses and obligations incurred by the	6511
director of development ~~and the industrial technology and~~	6512
~~enterprise advisory council~~services in carrying out ~~their~~the	6513
director's powers and ~~in exercising their~~ duties under sections	6514
122.28 and 122.30 to 122.36 of the Revised Code, are payable from	6515
revenues or other receipts or income from grants, gifts,	6516
contributions, compensation, reimbursement, and funds established	6517
in accordance with those sections or general revenue funds	6518
appropriated by the general assembly for operating expenses of the	6519
director ~~or council~~.	6520

Sec. 122.32. The director of development services, on behalf	6521
of the programs authorized pursuant to sections 122.28 and 122.30	6522
to 122.36 of the Revised Code, may receive and accept grants,	6523
gifts, and contributions of money, property, labor, and other	6524
things of value to be held, used, and applied only for the purpose	6525
for which the grants, gifts, and contributions are made, from	6526
individuals, private and public corporations, from the United	6527
States or any agency of the United States, and from any political	6528
subdivision of the state. The director may agree to repay any	6529
contribution of money or to return any property contributed or its	6530
value at times, in amounts, and on terms and conditions excluding	6531
the payment of interest as the director determines at the time the	6532
contribution is made. The director may evidence the obligation by	6533
written contracts, subject to section 122.31 of the Revised Code,	6534
provided that the director shall not thereby incur indebtedness of	6535
or impose liability upon the state or any political subdivision.	6536

Sec. 122.33. The director of development services shall	6537
administer the following programs:	6538

(A) The industrial technology and enterprise development	6539
grant program, to provide capital to acquire, construct, enlarge,	6540
improve, or equip and to sell, lease, exchange, and otherwise	6541
dispose of property, structures, equipment, and facilities within	6542
the state.	6543

Such funding may be made to enterprises that propose to	6544
develop new products or technologies when the director finds all	6545
of the following factors to be present:	6546

(1) The undertaking will benefit the people of the state by	6547
creating or preserving jobs and employment opportunities or	6548
improving the economic welfare of the people of the state, and	6549
promoting the development of new technology.	6550

(2) There is reasonable assurance that the potential	6551
royalties to be derived from the sale of the product or process	6552
described in the proposal will be sufficient to repay the funding	6553
pursuant to sections 122.28 and 122.30 to 122.36 of the Revised	6554
Code and that, in making the agreement, as it relates to patents,	6555
copyrights, and other ownership rights, there is reasonable	6556
assurance that the resulting new technology will be utilized to	6557
the maximum extent possible in facilities located in Ohio.	6558

(3) The technology and research to be undertaken will allow	6559
enterprises to compete more effectively in the marketplace. Grants	6560
of capital may be in such form and conditioned upon such terms as	6561
the ~~board~~director deems appropriate.	6562

(B) The industrial technology and enterprise resources	6563
program to provide for the collection, dissemination, and exchange	6564
of information regarding equipment, facilities, and business	6565
planning consultation resources available in business, industry,	6566
and educational institutions and to establish methods by which	6567
small businesses may use available facilities and resources. The	6568
methods may include, but need not be limited to, leases	6569
reimbursing the educational institutions for their actual costs	6570
incurred in maintaining the facilities and agreements assigning	6571
royalties from development of successful products or processes	6572
through the use of the facilities and resources. The director	6573
shall operate this program in conjunction with the board of	6574
regents.	6575

(C) The Thomas Alva Edison grant program to provide grants to	6576
foster research, development, or technology transfer efforts	6577
involving enterprises and educational institutions that will lead	6578
to the creation of jobs.	6579

(1) Grants may be made to a nonprofit organization or a	6580
public or private educational institution, department, college,	6581
institute, faculty member, or other administrative subdivision or	6582
related entity of an educational institution when the director	6583
finds that the undertaking will benefit the people of the state by	6584
supporting research in advanced technology areas likely to improve	6585
the economic welfare of the people of the state through promoting	6586
the development of new commercial technology.	6587

(2) Grants may be made in a form and conditioned upon terms	6588
as the director considers appropriate.	6589

(3) Grants made under this program shall in all instances be	6590
in conjunction with a contribution to the project by a cooperating	6591
enterprise which maintains or proposes to maintain a relevant	6592
research, development, or manufacturing facility in the state, by	6593
a nonprofit organization, or by an educational institution or	6594
related entity; however, funding provided by an educational	6595
institution or related entity shall not be from general revenue	6596
funds appropriated by the Ohio general assembly. No grant made	6597
under this program shall exceed the contribution made by the	6598
cooperating enterprise, nonprofit organization, or educational	6599
institution or related entity. The director may consider	6600
cooperating contributions in the form of state of the art new	6601
equipment or in other forms provided the director determines that	6602
the contribution is essential to the successful implementation of	6603
the project. The director may adopt rules or guidelines for the	6604
valuation of contributions of equipment or other property.	6605

(4) The director may determine fields of research from which	6606
grant applications will be accepted under this program.	6607

Sec. 122.34. The exercise of the powers granted by sections	6608
122.28 and 122.30 to 122.36 of the Revised Code will be in all	6609
respects for the benefit of the people of the state, for the	6610
improvement of commerce and prosperity, improvement of employment	6611
conditions, and will constitute the performance of essential	6612
governmental functions.	6613

Sec. 122.35. All moneys received under sections 122.28 and	6614
122.30 to 122.36 of the Revised Code are trust funds to be held	6615
and applied solely as provided in those sections and section	6616
166.03 of the Revised Code. All moneys, except when deposited with	6617
the treasurer of the state, shall be kept and secured in	6618
depositories as selected by the director of development services	6619
in the manner provided in sections 135.01 to 135.21 of the Revised	6620
Code, insofar as those sections are applicable. All moneys held by	6621
the director in trust to carry out the purposes of sections 122.28	6622
and 122.30 to 122.36 of the Revised Code shall be used as provided	6623
in sections 122.28 and 122.30 to 122.36 of the Revised Code and at	6624
no time be part of other public funds.	6625

Sec. 122.36. Any materials or data submitted to, made	6626
available to, or received by the director of development~~, the~~	6627
~~industrial technology and enterprise advisory council,~~services or	6628
the controlling board, to the extent that the material or data	6629
consist of trade secrets, as defined in section 1333.61 of the	6630
Revised Code, or commercial or financial information, regarding	6631
projects are not public records for the purposes of section 149.43	6632
of the Revised Code.	6633

Sec. 122.58. Moneys in the funds established pursuant to	6634
Chapter 122. of the Revised Code, except as otherwise provided in	6635
any proceedings authorizing revenue bonds or in any trust	6636
agreement securing such bonds, in excess of current needs, may be	6637
invested in notes, bonds, or other obligations which are direct	6638
obligations of or are guaranteed by the United States, in	6639
certificates of deposit or other withdrawable accounts of banks,	6640
trust companies, and building and loan or savings and loan	6641
associations organized under the laws of the state or the United	6642
States, or in the manner provided in any agreement entered into	6643
pursuant to section 169.05 of the Revised Code.	6644

Income from all such investments of moneys in any fund shall	6645
be credited to such funds as the director of development services	6646
determines subject to the provisions of any bond issuance	6647
proceedings or trust agreement, and such investments may be sold	6648
at such time as the director shall determine, provided	6649
certificates of deposit or other withdrawable accounts may be sold	6650
only in accordance with division (B) of section 169.05 or	6651
divisions ~~(D) and~~ (E) and (F) of section 169.08 of the Revised	6652
Code.	6653

Sec. 122.66. As used in sections 122.66 to 122.702 of the	6654
Revised Code:	6655

(A) "Poverty line" means the official poverty line	6656
established by the director of the United States office of	6657
management and budget and as revised by the ~~director~~secretary of	6658
~~the office of community~~health and human services in accordance	6659
with section 673(2) of the "Community Services Block Grant Act,"	6660
95 Stat. 1609, 42 U.S.C.A. 9902.	6661

(B) "Low-income person" means a person whose adjusted gross	6662
income as defined in division (A) of section 5747.01 of the	6663
Revised Code is below the poverty line as defined in division (A)	6664
of this section.	6665

(C) "Advocacy" means the act of pleading for, supporting, or	6666
recommending actions on behalf of low-income persons.	6667

(D) "Community action agency" means a community-based and	6668
operated private nonprofit agency or organization that includes or	6669
is designed to include a sufficient number of projects or	6670
components to provide a range of services and activities having a	6671
measurable and potentially major impact on the causes of poverty	6672
in the community or those areas of the community where poverty is	6673
a particularly acute problem and is designated as a community	6674
action agency by the ~~office of~~ community services division	6675
pursuant to sections 122.68 and 122.69 of the Revised Code.	6676

(E) "Community" means a city, village, county, multicity or	6677
multicounty unit, a neighborhood or other area, disregarding	6678
boundaries or political subdivisions, which provides a suitable	6679
organizational base and possesses a commonality of needs and	6680
interests for a community action program suitable to be served by	6681
a community action agency.	6682

(F) "Service area" means the geographical area served by a	6683
community action agency.	6684

Sec. 122.67. There is hereby created in the ~~department of~~	6685
development services agency the ~~office of~~ community services	6686
division. The director of development services shall employ and	6687
fix the compensation of professional and technical unclassified	6688
personnel as necessary to carry out the provisions of sections	6689
122.66 to 122.701 of the Revised Code.	6690

Sec. 122.68. The ~~office of~~ community services division	6691
shall:	6692

(A) Administer all federal funds appropriated to the state	6693
from the "Community Services Block Grant Act," 95 Stat. 511, 42	6694
U.S.C.A. 9901, and comply with requirements imposed by that act in	6695
its application for, and administration of, the funds;	6696

(B) Designate community action agencies to receive community	6697
services block grant funds;	6698

(C) Disburse at least ninety-five per cent or such other	6699
higher maximum amount as may from time to time be designated by	6700
congress of the funds received in the state from the "Community	6701
Services Block Grant Act" to community action agencies that comply	6702
with the requirements of section 122.69 of the Revised Code and	6703
migrant and seasonal farm worker organizations that are not	6704
designated community action agencies but which provide the	6705
services described in division (B)(1) of section 122.69 of the	6706
Revised Code.	6707

(D) Provide technical assistance to community action agencies	6708
to improve program planning, development, and administration;	6709

(E) Conduct yearly performance assessments, according to	6710
criteria determined by ~~department of~~ development services agency	6711
rule, to determine whether community action agencies are in	6712
compliance with section 122.69 of the Revised Code;	6713

(F) Annually prepare and submit to the United States	6714
secretary of health and human services, the governor, the	6715
president of the Ohio senate, and the speaker of the Ohio house of	6716
representatives, a comprehensive report that includes:	6717

(1) Certification that all community action agencies	6718
designated to receive funds from the "Community Services Block	6719
Grant Act" are in compliance with section 122.69 of the Revised	6720
Code;	6721

(2) A program plan for the next federal fiscal year that has	6722
been made available for public inspection and that details how	6723
community services block grant funds will be disbursed and used	6724
during that fiscal year;	6725

(3) Information detailing how funds were expended for the	6726
current fiscal year;	6727

(4) An audit of community services block grant expenditures	6728
for the preceding federal fiscal year that is conducted in	6729
accordance with generally accepted accounting principles by an	6730
independent auditing firm that has no connection with any	6731
community action agency receiving community services block grant	6732
funds or with any employee of the ~~office~~division.	6733

(G) Serve as a statewide advocate for social and economic	6734
opportunities for low-income persons.	6735

Sec. 122.681. (A) Except as permitted by this section, or	6736
when required by federal law, no person or government entity shall	6737
solicit, release, disclose, receive, use, or knowingly permit or	6738
participate in the use of any information regarding an individual	6739
receiving assistance pursuant to a community services division	6740
program under sections 122.66 to 122.702 of the Revised Code for	6741
any purpose not directly related to the administration of a	6742
division assistance program.	6743

(B) To the extent permitted by federal law, the division, and	6744
any entity that receives division funds to administer a division	6745
program to assist individuals, shall release information regarding	6746
an individual assistance recipient to the following:	6747

(1) A government entity responsible for administering the	6748
assistance program for purposes directly related to the	6749
administration of the program;	6750

(2) A law enforcement agency for the purpose of any	6751
investigation, prosecution, or criminal or civil proceeding	6752
relating to the administration of the assistance program;	6753

(3) A government entity responsible for administering a	6754
children's protective services program, for the purpose of	6755
protecting children.	6756

(C) To the extent permitted by federal law and section	6757
1347.08 of the Revised Code, the division, and any entity	6758
administering a division program, shall provide access to	6759
information regarding an individual assistance recipient to all of	6760
the following:	6761

(1) The individual assistance recipient;

6762

(2) The authorized representative of the individual	6763
assistance recipient;	6764

(3) The legal guardian of the individual assistance	6765
recipient;	6766

(4) The attorney of the individual assistance recipient.

6767

(D) To the extent permitted by federal law, the division, and	6768
any entity administering a division program, may do either of the	6769
following:	6770

(1) Release information about an individual assistance	6771
recipient if the recipient gives voluntary, written authorization;	6772

(2) Release information regarding an individual assistance	6773
recipient to a state, federal, or federally assisted program that	6774
provides cash or in-kind assistance or services directly to	6775
individuals based on need.	6776

(E) The community services division, or an entity	6777
administering a division program, shall provide, at no cost, a	6778
copy of each written authorization to the individual who signed	6779
it.	6780

(F) The development services agency may adopt rules defining	6781
who may serve as an individual assistance recipient's authorized	6782
representative for purposes of division (C)(2) of this section.	6783

Sec. 122.69. (A) Any nonprofit agency or organization	6784
seeking designation as a community action agency by the ~~office of~~	6785
community services division shall obtain the endorsement of the	6786
chief elected officials of at least two-thirds of the municipal	6787
corporations and the counties within the community to be served by	6788
the agency or organization.	6789

(B) Any nonprofit agency or organization that receives the	6790
endorsement provided for in division (A) of this section shall be	6791
designated by the ~~office~~division as the community action agency	6792
for the community it serves and shall receive community services	6793
block grant funds for any period of time that the nonprofit agency	6794
or organization:	6795

(1) Provides a range of services and opportunities having a	6796
measurable and potentially major impact on the causes of poverty	6797
in the community or those areas of the community where poverty is	6798
a particularly acute problem. These activities may include but	6799
shall not be limited to:	6800

(a) Providing activities designed to assist low-income	6801
persons, including elderly and handicapped low-income persons, to:	6802

(i) Secure and maintain meaningful employment, training, work	6803
experience, and unsubsidized employment;	6804

(ii) Attain an adequate education;

6805

(iii) Make better use of available income;

6806

(iv) Obtain and maintain adequate housing and a suitable	6807
living environment;	6808

(v) Obtain emergency assistance through loans or grants to	6809
meet immediate and urgent individual and family needs, including	6810
the need for health services, nutritious food, housing, and	6811
employment-related assistance;	6812

(vi) Remove obstacles and solve personal and family problems	6813
that block the achievement of self-sufficiency;	6814

(vii) Achieve greater participation in the affairs of the	6815
community;	6816

(viii) Undertake family planning, consistent with personal	6817
and family goals and religious and moral convictions;	6818

(ix) Obtain energy assistance, conservation, and	6819
weatherization services.	6820

(b) Providing, on an emergency basis, supplies and services,	6821
nutritious foodstuffs, and related services necessary to	6822
counteract conditions of starvation and malnutrition among	6823
low-income persons;	6824

(c) Coordinating and establishing links between government	6825
and other social services programs to assure the effective	6826
delivery of services to low-income individuals;	6827

(d) Providing child care services, nutrition and health	6828
services, transportation services, alcoholism and narcotic	6829
addiction prevention and rehabilitation services, youth	6830
development services, and community services to elderly and	6831
handicapped persons;	6832

(e) Encouraging entities in the private sector to participate	6833
in efforts to ameliorate poverty in the community.	6834

(2) Annually submits to the ~~office of community services~~	6835
division a program plan and budget for use of community services	6836
block grant funds for the next federal fiscal year. At least ten	6837
days prior to its submission to the ~~office of community services~~	6838
division, a copy of the program plan and budget shall be made	6839
available to the chief elected officials of the municipal	6840
corporations and counties within the service area in order to	6841
provide them the opportunity to review and comment upon such plan	6842
and budget.	6843

(3) Composes its board of directors in compliance with	6844
section (c)(3) of section 675 of ~~the~~ the "Community Services Block	6845
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9904, except that the board	6846
shall consist of not less than fifteen nor more than thirty-three	6847
members;	6848

(4) Complies with the prohibitions against discrimination and	6849
political activity, as provided in the "Community Services Block	6850
Grant Act";	6851

(5) Complies with fiscal and program requirements established	6852
by ~~department of~~ development services agency rule.	6853

Sec. 122.70. The board of directors of a community action	6854
agency shall:	6855

(A) Select, appoint, and may remove the executive director of	6856
the community action agency;	6857

(B) Approve contracts, annual program budgets, and policies	6858
of the community action agency;	6859

(C) Advise the elected officials of any political subdivision	6860
located within its service area, and state and federal elected	6861
officials who represent its service area, of the nature and extent	6862
of poverty within its community, and advise them of any needed	6863
changes;	6864

(D) Convene public meetings to provide community members the	6865
opportunity to comment on public policies and programs to reduce	6866
poverty;	6867

(E) Annually evaluate the policies and programs of the	6868
community action agency according to criteria determined by	6869
~~department of~~ development services agency rule;	6870

(F) Submit the results of the evaluation required by division	6871
(E) of this section, along with recommendations for improved	6872
administration of the community action agency, to the ~~office of~~	6873
community services division;	6874

(G) Adopt a code of ethics for the board of directors and the	6875
employees of the community action agency;	6876

(H) Adopt written policies describing all of the following:

6877

(1) How the community action agency is to expend and	6878
distribute the community services block grant funds that it	6879
receives from the ~~office of community services~~division under	6880
sections 122.68 and 122.69 of the Revised Code;	6881

(2) The salary, benefits, travel expenses, and any other	6882
compensation that persons are to receive for serving on the	6883
community action agency's board of directors;	6884

(3) The operating procedures to be used by the board to	6885
conduct its meetings, to vote on all official business it	6886
considers, and to provide notice of its meetings.	6887

(I) Provide for the posting of notices in a conspicuous place	6888
indicating that the code of ethics described in division (G) of	6889
this section and the policies described in division (H) of this	6890
section are available for public inspection at the community	6891
action agency during normal business hours.	6892

Sec. 122.701. (A) Prior to designating a new community	6893
action agency or rescinding a community action agency's	6894
designation, the ~~office of~~ community services division shall:	6895

(1) Determine whether a community action agency is in	6896
compliance with section 122.69 of the Revised Code;	6897

(2) Consult with the chief elected officials of political	6898
subdivisions located within a community action agency's service	6899
area, and, in designating a new community action agency, obtain	6900
their endorsement of the agency in accordance with division (A) of	6901
section 122.69 of the Revised Code;	6902

(3) Hold at least one public meeting within a community	6903
action agency's service area for the purpose of allowing citizens	6904
to comment on the community action agency's delivery of services;	6905

(4) Evaluate the proposed service area of the community	6906
action agency, and, as may be necessary, modify the boundaries of	6907
the service area so that low-income persons in the area are	6908
adequately and efficiently served.	6909

(B) After providing notice and hearing pursuant to sections	6910
119.01 to 119.13 of the Revised Code, the director of development	6911
services:	6912

(1) May rescind the designation of a community action agency	6913
~~if he finds~~after finding that the agency is not in compliance	6914
with any or all of the provisions of section 122.69 of the Revised	6915
Code;	6916

(2) Shall rescind the designation of a community action	6917
agency upon notification from the chief elected officials of more	6918
than one-half of the municipal corporations and the counties	6919
within a community currently served by a community action agency	6920
that such agency is not endorsed by them and ~~upon a~~after finding	6921
~~by him~~ that the agency is not in compliance with section 122.69 of	6922
the Revised Code.	6923

Any agency whose designation is rescinded pursuant to this	6924
section may appeal from an order rescinding such designation	6925
pursuant to section 119.12 of the Revised Code.	6926

Sec. 122.76. (A) The director of development services, with	6927
controlling board approval, may lend funds to minority business	6928
enterprises and to community improvement corporations, Ohio	6929
development corporations, minority contractors business assistance	6930
organizations, and minority business supplier development councils	6931
for the purpose of loaning funds to minority business enterprises	6932
~~and~~, for the purpose of procuring or improving real or personal	6933
property, or both, for the establishment, location, or expansion	6934
of industrial, distribution, commercial, or research facilities in	6935
the state, and for the purpose of contract financing, and to	6936
community development corporations that predominantly benefit	6937
minority business enterprises or are located in a census tract	6938
that has a population that is sixty per cent or more minority, if	6939
the director determines, in the director's sole discretion, that	6940
all of the following apply:	6941

(1) The project is economically sound and will benefit the	6942
people of the state by increasing opportunities for employment, by	6943
strengthening the economy of the state, or expanding minority	6944
business enterprises.	6945

(2) The proposed minority business enterprise borrower is	6946
unable to finance the proposed project through ordinary financial	6947
channels at comparable terms.	6948

(3) The value of the project is or, upon completion, will be	6949
at least equal to the total amount of the money expended in the	6950
procurement or improvement of the project.	6951

(4) The amount to be loaned by the director will not exceed	6952
seventy-five per cent of the total amount expended in the	6953
procurement or improvement of the project.	6954

(5) The amount to be loaned by the director will be	6955
adequately secured by a first or second mortgage upon the project	6956
or by mortgages, leases, liens, assignments, or pledges on or of	6957
other property or contracts as the director requires, and such	6958
mortgage will not be subordinate to any other liens or mortgages	6959
except the liens securing loans or investments made by financial	6960
institutions referred to in division (A)(3) of this section, and	6961
the liens securing loans previously made by any financial	6962
institution in connection with the procurement or expansion of all	6963
or part of a project.	6964

(B) Any proposed minority business enterprise borrower	6965
submitting an application for assistance under this section shall	6966
not have defaulted on a previous loan from the director, and no	6967
full or limited partner, major shareholder, or holder of an equity	6968
interest of the proposed minority business enterprise borrower	6969
shall have defaulted on a loan from the director.	6970

(C) The proposed minority business enterprise borrower shall	6971
demonstrate to the satisfaction of the director that it is able to	6972
successfully compete in the private sector if it obtains the	6973
necessary financial, technical, or managerial support and that	6974
support is available through the director, the minority business	6975
development office of the ~~department of~~ development services	6976
agency, or other identified and acceptable sources. In determining	6977
whether a minority business enterprise borrower will be able to	6978
successfully compete, the director may give consideration to such	6979
factors as the successful completion of or participation in	6980
courses of study, recognized by the board of regents as providing	6981
financial, technical, or managerial skills related to the	6982
operation of the business, by the economically disadvantaged	6983
individual, owner, or partner, and the prior success of the	6984
individual, owner, or partner in personal, career, or business	6985
activities, as well as to other factors identified by the	6986
director.	6987

(D) The director shall not lend funds for the purpose of	6988
procuring or improving motor vehicles or accounts receivable.	6989

Sec. 123.01. (A) The department of administrative services,	6990
in addition to those powers enumerated in Chapters 124. and 125.	6991
of the Revised Code and provided elsewhere by law, shall exercise	6992
the following powers:	6993

(1) To prepare and suggest comprehensive plans for the	6994
development of grounds and buildings under the control of a state	6995
agency;	6996

(2) To acquire, by purchase, gift, devise, lease, or grant,	6997
all real estate required by a state agency, in the exercise of	6998
which power the department may exercise the power of eminent	6999
domain, in the manner provided by sections 163.01 to 163.22 of the	7000
Revised Code;	7001

(3) To erect, supervise, and maintain all public monuments	7002
and memorials erected by the state, except where the supervision	7003
and maintenance is otherwise provided by law;	7004

(4) To procure, by lease, storage accommodations for a state	7005
agency;	7006

(5) To lease or grant easements or licenses for unproductive	7007
and unused lands or other property under the control of a state	7008
agency. Such leases, easements, or licenses may be granted to any	7009
person or entity, shall be for a period not to exceed fifteen	7010
years, and shall be executed for the state by the director of	7011
administrative services, provided that the director shall grant	7012
leases, easements, or licenses of university land for periods not	7013
to exceed twenty-five years for purposes approved by the	7014
respective university's board of trustees wherein the uses are	7015
compatible with the uses and needs of the university and may grant	7016
leases of university land for periods not to exceed forty years	7017
for purposes approved by the respective university's board of	7018
trustees pursuant to section 123.17 of the Revised Code.	7019

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

7020

(7) To have general supervision and care of the storerooms,	7021
offices, and buildings leased for the use of a state agency;	7022

(8) To exercise general custodial care of all real property	7023
of the state;	7024

(9) To assign and group together state offices in any city in	7025
the state and to establish, in cooperation with the state agencies	7026
involved, rules governing space requirements for office or storage	7027
use;	7028

(10) To lease for a period not to exceed forty years,	7029
pursuant to a contract providing for the construction thereof	7030
under a lease-purchase plan, buildings, structures, and other	7031
improvements for any public purpose, and, in conjunction	7032
therewith, to grant leases, easements, or licenses for lands under	7033
the control of a state agency for a period not to exceed forty	7034
years. The lease-purchase plan shall provide that at the end of	7035
the lease period, the buildings, structures, and related	7036
improvements, together with the land on which they are situated,	7037
shall become the property of the state without cost.	7038

(a) Whenever any building, structure, or other improvement is	7039
to be so leased by a state agency, the department shall retain	7040
either basic plans, specifications, bills of materials, and	7041
estimates of cost with sufficient detail to afford bidders all	7042
needed information or, alternatively, all of the following plans,	7043
details, bills of materials, and specifications:	7044

(i) Full and accurate plans suitable for the use of mechanics	7045
and other builders in the improvement;	7046

(ii) Details to scale and full sized, so drawn and	7047
represented as to be easily understood;	7048

(iii) Accurate bills showing the exact quantity of different	7049
kinds of material necessary to the construction;	7050

(iv) Definite and complete specifications of the work to be	7051
performed, together with such directions as will enable a	7052
competent mechanic or other builder to carry them out and afford	7053
bidders all needed information;	7054

(v) A full and accurate estimate of each item of expense and	7055
of the aggregate cost thereof.	7056

(b) The department shall give public notice, in such	7057
newspaper, in such form, and with such phraseology as the director	7058
of administrative services prescribes, published once each week	7059
for four consecutive weeks, of the time when and place where bids	7060
will be received for entering into an agreement to lease to a	7061
state agency a building, structure, or other improvement. The last	7062
publication shall be at least eight days preceding the day for	7063
opening the bids. The bids shall contain the terms upon which the	7064
builder would propose to lease the building, structure, or other	7065
improvement to the state agency. The form of the bid approved by	7066
the department shall be used, and a bid is invalid and shall not	7067
be considered unless that form is used without change, alteration,	7068
or addition. Before submitting bids pursuant to this section, any	7069
builder shall comply with Chapter 153. of the Revised Code.	7070

(c) On the day and at the place named for receiving bids for	7071
entering into lease agreements with a state agency, the director	7072
of administrative services shall open the bids and shall publicly	7073
proceed immediately to tabulate the bids upon duplicate sheets. No	7074
lease agreement shall be entered into until the bureau of workers'	7075
compensation has certified that the person to be awarded the lease	7076
agreement has complied with Chapter 4123. of the Revised Code,	7077
until, if the builder submitting the lowest and best bid is a	7078
foreign corporation, the secretary of state has certified that the	7079
corporation is authorized to do business in this state, until, if	7080
the builder submitting the lowest and best bid is a person	7081
nonresident of this state, the person has filed with the secretary	7082
of state a power of attorney designating the secretary of state as	7083
its agent for the purpose of accepting service of summons in any	7084
action brought under Chapter 4123. of the Revised Code, and until	7085
the agreement is submitted to the attorney general and the	7086
attorney general's approval is certified thereon. Within thirty	7087
days after the day on which the bids are received, the department	7088
shall investigate the bids received and shall determine that the	7089
bureau and the secretary of state have made the certifications	7090
required by this section of the builder who has submitted the	7091
lowest and best bid. Within ten days of the completion of the	7092
investigation of the bids, the department shall award the lease	7093
agreement to the builder who has submitted the lowest and best bid	7094
and who has been certified by the bureau and secretary of state as	7095
required by this section. If bidding for the lease agreement has	7096
been conducted upon the basis of basic plans, specifications,	7097
bills of materials, and estimates of costs, upon the award to the	7098
builder the department, or the builder with the approval of the	7099
department, shall appoint an architect or engineer licensed in	7100
this state to prepare such further detailed plans, specifications,	7101
and bills of materials as are required to construct the building,	7102
structure, or improvement. The department shall adopt such rules	7103
as are necessary to give effect to this section. The department	7104
may reject any bid. Where there is reason to believe there is	7105
collusion or combination among bidders, the bids of those	7106
concerned therein shall be rejected.	7107

(11) To acquire by purchase, gift, devise, or grant and to	7108
transfer, lease, or otherwise dispose of all real property	7109
required to assist in the development of a conversion facility as	7110
defined in section 5709.30 of the Revised Code as that section	7111
existed before its repeal by Amended Substitute House Bill 95 of	7112
the 125th general assembly;	7113

(12) To lease for a period not to exceed forty years,	7114
notwithstanding any other division of this section, the	7115
state-owned property located at 408-450 East Town Street,	7116
Columbus, Ohio, formerly the state school for the deaf, to a	7117
developer in accordance with this section. "Developer," as used in	7118
this section, has the same meaning as in section 123.77 of the	7119
Revised Code.	7120

Such a lease shall be for the purpose of development of the	7121
land for use by senior citizens by constructing, altering,	7122
renovating, repairing, expanding, and improving the site as it	7123
existed on June 25, 1982. A developer desiring to lease the land	7124
shall prepare for submission to the department a plan for	7125
development. Plans shall include provisions for roads, sewers,	7126
water lines, waste disposal, water supply, and similar matters to	7127
meet the requirements of state and local laws. The plans shall	7128
also include provision for protection of the property by insurance	7129
or otherwise, and plans for financing the development, and shall	7130
set forth details of the developer's financial responsibility.	7131

The department may employ, as employees or consultants,	7132
persons needed to assist in reviewing the development plans. Those	7133
persons may include attorneys, financial experts, engineers, and	7134
other necessary experts. The department shall review the	7135
development plans and may enter into a lease if it finds all of	7136
the following:	7137

(a) The best interests of the state will be promoted by	7138
entering into a lease with the developer;	7139

(b) The development plans are satisfactory;

7140

(c) The developer has established the developer's financial	7141
responsibility and satisfactory plans for financing the	7142
development.	7143

The lease shall contain a provision that construction or	7144
renovation of the buildings, roads, structures, and other	7145
necessary facilities shall begin within one year after the date of	7146
the lease and shall proceed according to a schedule agreed to	7147
between the department and the developer or the lease will be	7148
terminated. The lease shall contain such conditions and	7149
stipulations as the director considers necessary to preserve the	7150
best interest of the state. Moneys received by the state pursuant	7151
to this lease shall be paid into the general revenue fund. The	7152
lease shall provide that at the end of the lease period the	7153
buildings, structures, and related improvements shall become the	7154
property of the state without cost.	7155

(13) To manage the use of space owned and controlled by the	7156
department, including space in property under the jurisdiction of	7157
the Ohio building authority, by doing all of the following:	7158

(a) Biennially implementing, by state agency location, a	7159
census of agency employees assigned space;	7160

(b) Periodically in the discretion of the director of	7161
administrative services:	7162

(i) Requiring each state agency to categorize the use of	7163
space allotted to the agency between office space, common areas,	7164
storage space, and other uses, and to report its findings to the	7165
department;	7166

(ii) Creating and updating a master space utilization plan	7167
for all space allotted to state agencies. The plan shall	7168
incorporate space utilization metrics.	7169

(iii) Conducting a cost-benefit analysis to determine the	7170
effectiveness of state-owned buildings;	7171

(iv) Assessing the alternatives associated with consolidating	7172
the commercial leases for buildings located in Columbus.	7173

(c) Commissioning a comprehensive space utilization and	7174
capacity study in order to determine the feasibility of	7175
consolidating existing commercially leased space used by state	7176
agencies into a new state-owned facility.	7177

(14) To adopt rules to ensure that energy efficiency and	7178
conservation is considered in the purchase of products and	7179
equipment, except motor vehicles, by any state agency, department,	7180
division, bureau, office, unit, board, commission, authority,	7181
quasi-governmental entity, or institution. The department may	7182
require minimum energy efficiency standards for purchased products	7183
and equipment based on federal testing and labeling if available	7184
or on standards developed by the department. When possible, the	7185
rules shall apply to the competitive selection of energy consuming	7186
systems, components, and equipment under Chapter 125. of the	7187
Revised Code.	7188

(15) To ensure energy efficient and energy conserving	7189
purchasing practices by doing all of the following:	7190

(a) Identifying available energy efficiency and conservation	7191
opportunities;	7192

(b) Providing for interchange of information among purchasing	7193
agencies;	7194

(c) Identifying laws, policies, rules, and procedures that	7195
should be modified;	7196

(d) Monitoring experience with and the cost-effectiveness of	7197
this state's purchase and use of motor vehicles and of major	7198
energy-consuming systems, components, equipment, and products	7199
having a significant impact on energy consumption by the	7200
government;	7201

(e) Providing technical assistance and training to state	7202
employees involved in the purchasing process;	7203

(f) Working with the ~~department of~~ development services	7204
agency to make recommendations regarding planning and	7205
implementation of purchasing policies and procedures that are	7206
supportive of energy efficiency and conservation.	7207

(16) To require all state agencies, departments, divisions,	7208
bureaus, offices, units, commissions, boards, authorities,	7209
quasi-governmental entities, institutions, and state institutions	7210
of higher education to implement procedures to ensure that all of	7211
the passenger automobiles they acquire in each fiscal year, except	7212
for those passenger automobiles acquired for use in law	7213
enforcement or emergency rescue work, achieve a fleet average fuel	7214
economy of not less than the fleet average fuel economy for that	7215
fiscal year as the department shall prescribe by rule. The	7216
department shall adopt the rule prior to the beginning of the	7217
fiscal year, in accordance with the average fuel economy standards	7218
established by federal law for passenger automobiles manufactured	7219
during the model year that begins during the fiscal year.	7220

Each state agency, department, division, bureau, office,	7221
unit, commission, board, authority, quasi-governmental entity,	7222
institution, and state institution of higher education shall	7223
determine its fleet average fuel economy by dividing the total	7224
number of passenger vehicles acquired during the fiscal year,	7225
except for those passenger vehicles acquired for use in law	7226
enforcement or emergency rescue work, by a sum of terms, each of	7227
which is a fraction created by dividing the number of passenger	7228
vehicles of a given make, model, and year, except for passenger	7229
vehicles acquired for use in law enforcement or emergency rescue	7230
work, acquired during the fiscal year by the fuel economy measured	7231
by the administrator of the United States environmental protection	7232
agency, for the given make, model, and year of vehicle, that	7233
constitutes an average fuel economy for combined city and highway	7234
driving.	7235

As used in division (A)(16) of this section, "acquired" means	7236
leased for a period of sixty continuous days or more, or	7237
purchased.	7238

(B) This section and section 125.02 of the Revised Code shall	7239
not interfere with any of the following:	7240

(1) The power of the adjutant general to purchase military	7241
supplies, or with the custody of the adjutant general of property	7242
leased, purchased, or constructed by the state and used for	7243
military purposes, or with the functions of the adjutant general	7244
as director of state armories;	7245

(2) The power of the director of transportation in acquiring	7246
rights-of-way for the state highway system, or the leasing of	7247
lands for division or resident district offices, or the leasing of	7248
lands or buildings required in the maintenance operations of the	7249
department of transportation, or the purchase of real property for	7250
garage sites or division or resident district offices, or in	7251
preparing plans and specifications for and constructing such	7252
buildings as the director may require in the administration of the	7253
department;	7254

(3) The power of the director of public safety and the	7255
registrar of motor vehicles to purchase or lease real property and	7256
buildings to be used solely as locations to which a deputy	7257
registrar is assigned pursuant to division (B) of section 4507.011	7258
of the Revised Code and from which the deputy registrar is to	7259
conduct the deputy registrar's business, the power of the director	7260
of public safety to purchase or lease real property and buildings	7261
to be used as locations for division or district offices as	7262
required in the maintenance of operations of the department of	7263
public safety, and the power of the superintendent of the state	7264
highway patrol in the purchase or leasing of real property and	7265
buildings needed by the patrol, to negotiate the sale of real	7266
property owned by the patrol, to rent or lease real property owned	7267
or leased by the patrol, and to make or cause to be made repairs	7268
to all property owned or under the control of the patrol;	7269

(4) The power of the division of liquor control in the	7270
leasing or purchasing of retail outlets and warehouse facilities	7271
for the use of the division;	7272

(5) The power of the director of development services to	7273
enter into leases of real property, buildings, and office space to	7274
be used solely as locations for the state's foreign offices to	7275
carry out the purposes of section 122.05 of the Revised Code;	7276

(6) The power of the director of environmental protection to	7277
enter into environmental covenants, to grant and accept easements,	7278
or to sell property pursuant to division (G) of section 3745.01 of	7279
the Revised Code.	7280

(C) Purchases for, and the custody and repair of, buildings	7281
under the management and control of the capitol square review and	7282
advisory board, the ~~rehabilitation services commission~~	7283
opportunities for Ohioans with disabilities agency, the bureau of	7284
workers' compensation, or the departments of public safety, job	7285
and family services, ~~mental health~~mental health and addiction	7286
services, developmental disabilities, and rehabilitation and	7287
correction; buildings of educational and benevolent institutions	7288
under the management and control of boards of trustees; and	7289
purchases or leases for, and the custody and repair of, office	7290
space used for the purposes of the joint legislative ethics	7291
committee are not subject to the control and jurisdiction of the	7292
department of administrative services.	7293

If the joint legislative ethics committee so requests, the	7294
committee and the director of administrative services may enter	7295
into a contract under which the department of administrative	7296
services agrees to perform any services requested by the committee	7297
that the department is authorized under this section to perform.	7298

(D) Any instrument by which real property is acquired	7299
pursuant to this section shall identify the agency of the state	7300
that has the use and benefit of the real property as specified in	7301
section 5301.012 of the Revised Code.	7302

Sec. 123.10. (A) As used in this section and section 123.11	7303
of the Revised Code, "public exigency" means an injury or	7304
obstruction that occurs in any public works of the state	7305
maintained by the director of administrative services and that	7306
materially impairs its immediate use or places in jeopardy	7307
property adjacent to it; an immediate danger of such an injury or	7308
obstruction; or an injury or obstruction, or an immediate danger	7309
of an injury or obstruction, that occurs in any public works of	7310
the state maintained by the director of administrative services	7311
and that materially impairs its immediate use or places in	7312
jeopardy property adjacent to it.	7313

(B) When a declaration of public exigency is issued pursuant	7314
to division (C) of this section, ~~the director of administrative~~	7315
~~services may request~~ the Ohio facilities construction commission	7316
toshall enter into contracts with proper persons for the	7317
performance of labor, the furnishing of materials, or the	7318
construction of any structures and buildings necessary to the	7319
maintenance, control, and management of the public works of the	7320
state or any part of those public works. Any contracts awarded for	7321
the work performed pursuant to the declaration of a public	7322
exigency may be awarded without competitive bidding or selection	7323
as set forth in Chapter 153. of the Revised Code.	7324

(C) The executive director of ~~administrative services~~the	7325
Ohio facilities construction commission may issue a declaration of	7326
a public exigency on the executive director's own initiative or	7327
upon the request of the director of any state agency. The	7328
executive director's declaration shall identify the specific	7329
injury, obstruction, or danger that is the subject of the	7330
declaration and shall set forth a dollar limitation for the	7331
repair, removal, or prevention of that exigency under the	7332
declaration.	7333

Before any project to repair, remove, or prevent a public	7334
exigency under the executive director's declaration may begin, the	7335
executive director shall send notice of the project, in writing,	7336
to the director of budget and management and to the members of the	7337
controlling board. That notice shall detail the project to be	7338
undertaken to address the public exigency and shall include a copy	7339
of the executive director's declaration that establishes the	7340
monetary limitations on that project.	7341

Sec. 123.11. When a public exigency, as defined in division	7342
(A) of section 123.10 of the Revised Code, exists, the executive	7343
director of ~~administrative services~~the Ohio facilities	7344
construction commission may take possession of lands and use them,	7345
or materials and other property necessary for the maintenance,	7346
protection, or repair of the public works, in accordance with	7347
sections 163.01 to 163.22 of the Revised Code.	7348

Sec. 123.19. There is hereby established in the state	7349
treasury the theater equipment maintenance fund. All appropriate	7350
theater-related revenues of the department of administrative	7351
services, as determined by the department, shall be credited to	7352
that fund and to any accounts created in that fund with the	7353
department's approval. All appropriate theater-related expenses of	7354
the department, as determined by the department, including	7355
reimbursement of, or payment to, any other fund or any	7356
governmental agency for advances made or services rendered to or	7357
on behalf of the department, shall be paid from that fund as	7358
determined by or pursuant to directions of the department. All	7359
investment earnings of that fund shall be credited to it and shall	7360
be allocated among any accounts created in the fund in the manner	7361
determined by the department.	7362

Sec. 123.201. (A) There is hereby created in the state	7363
treasury the Ohio facilities construction commission fund,	7364
consisting of transfers of moneys authorized by the general	7365
assembly and revenues received by the Ohio facilities construction	7366
commission under section 123.21 of the Revised Code. Investment	7367
earnings on moneys in the fund shall be credited to the fund.	7368
Moneys in the fund may be used by the commission, in performing	7369
its duties under this chapter, to pay personnel and other	7370
administrative expenses, to pay the cost of preparing building	7371
design specifications, to pay the cost of providing project	7372
management services, and for other purposes determined by the	7373
commission to be necessary to fulfill its duties under this	7374
chapter.	7375

(B)(1) There is hereby created in the state treasury the	7376
cultural and sports facilities building fund, consisting of	7377
proceeds of obligations authorized to pay costs of Ohio cultural	7378
facilities and Ohio sports facilities for which appropriations are	7379
made by the general assembly. All investment earnings of the fund	7380
shall be credited to the fund.	7381

(2) Upon the request of the executive director of the Ohio	7382
facilities construction commission and subject to applicable tax	7383
law limitations, the director of budget and management may	7384
transfer to the Ohio cultural facilities administration fund	7385
moneys credited to the cultural and sports facilities building	7386
fund to pay the costs of administering projects funded through the	7387
cultural and sports facilities building fund.	7388

(C) There is hereby created in the state treasury the Ohio	7389
cultural facilities administration fund, consisting of transfers	7390
of money authorized by the general assembly and revenues received	7391
by the commission under division (A)(9) of section 123.21 of the	7392
Revised Code. Moneys in the fund may be used by the Ohio	7393
facilities construction commission in administering projects	7394
funded through the cultural and sports facilities building fund	7395
pursuant to sections 123.28 and 128.281 of the Revised Code. All	7396
investment earnings of that fund shall be credited to it and shall	7397
be allocated among any accounts created in the fund in the manner	7398
determined by the commission.	7399

(D)(1) There is hereby created in the state treasury the	7400
capital donations fund, which shall be administered by the Ohio	7401
facilities construction commission. The fund consists of gifts,	7402
grants, devises, bequests, and other financial contributions made	7403
to the commission for the construction or improvement of cultural	7404
and sports facilities and shall be used in accordance with the	7405
specific purposes for which the gifts, grants, devises, bequests,	7406
or other financial contributions are made. All investment earnings	7407
of the fund shall be credited to the fund. Chapters 123., 125.,	7408
127., and 153. and section 3517.13 of the Revised Code do not	7409
apply to contract obligations paid from the fund, notwithstanding	7410
anything to the contrary in those chapters or that section.	7411

(2) Not later than one month following the end of each	7412
quarter of the fiscal year, the commission shall allocate the	7413
amounts credited to the fund from investment earnings during that	7414
preceding quarter of the fiscal year among the specific projects	7415
for which they are to be used and shall certify this information	7416
to the director of budget and management.	7417

(3) If the amounts credited to the fund for a particular	7418
project exceed what is required to complete that project, the	7419
commission may refund any of those excess amounts, including	7420
unexpended investment earnings attributable to those amounts, to	7421
the entity from which they were received.	7422

Sec. 123.21. (A) The Ohio facilities construction commission	7423
may perform any act and ensure the performance of any function	7424
necessary or appropriate to carry out the purposes of, and	7425
exercise the powers granted under this chapter or any other	7426
provision of the Revised Code, including any of the following:	7427

(1) Prepare, or contract to be prepared, by licensed	7428
engineers or architects, surveys, general and detailed plans,	7429
specifications, bills of materials, and estimates of cost for any	7430
projects, improvements, or public buildings to be constructed by	7431
state agencies that may be authorized by legislative	7432
appropriations or any other funds made available therefor,	7433
provided that the construction of the projects, improvements, or	7434
public buildings is a statutory duty of the commission. This	7435
section does not require the independent employment of an	7436
architect or engineer as provided by section 153.01 of the Revised	7437
Code in the cases to which section 153.01 of the Revised Code	7438
applies. This section does not affect or alter the existing powers	7439
of the director of transportation.	7440

(2) Have general supervision over the construction of any	7441
projects, improvements, or public buildings constructed for a	7442
state agency and over the inspection of materials prior to their	7443
incorporation into those projects, improvements, or buildings.	7444

(3) Make contracts for and supervise the design and	7445
construction of any projects and improvements or the construction	7446
and repair of buildings under the control of a state agency. All	7447
such contracts may be based in whole or in part on the unit price	7448
or maximum estimated cost, with payment computed and made upon	7449
actual quantities or units.	7450

(4) Adopt, amend, and rescind rules pertaining to the	7451
administration of the construction of the public works of the	7452
state as required by law, in accordance with Chapter 119. of the	7453
Revised Code.	7454

(5) Contract with, retain the services of, or designate, and	7455
fix the compensation of, such agents, accountants, consultants,	7456
advisers, and other independent contractors as may be necessary or	7457
desirable to carry out the programs authorized under this chapter,	7458
or authorize the executive director to perform such powers and	7459
duties.	7460

(6) Receive and accept any gifts, grants, donations, and	7461
pledges, and receipts therefrom, to be used for the programs	7462
authorized under this chapter.	7463

(7) Make and enter into all contracts, commitments, and	7464
agreements, and execute all instruments, necessary or incidental	7465
to the performance of its duties and the execution of its rights	7466
and powers under this chapter, or authorize the executive director	7467
to perform such powers and duties.	7468

(8) Debar a contractor as provided in section 153.02 of the	7469
Revised Code.	7470

(9) Enter into and administer cooperative agreements for	7471
cultural projects, as provided in sections 123.28 and 123.281 of	7472
the Revised Code.	7473

(B) The commission shall appoint and fix the compensation of	7474
an executive director who shall serve at the pleasure of the	7475
commission. The executive director shall exercise all powers that	7476
the commission possesses, supervise the operations of the	7477
commission, and perform such other duties as delegated by the	7478
commission. The executive director also shall employ and fix the	7479
compensation of such employees as will facilitate the activities	7480
and purposes of the commission, who shall serve at the pleasure of	7481
the executive director. The employees of the commission are exempt	7482
from Chapter 4117. of the Revised Code and are not considered	7483
public employees as defined in section 4117.01 of the Revised	7484
Code. Any agreement entered into prior to July 1, 2012, between	7485
the office of collective bargaining and the exclusive	7486
representative for employees of the commission is binding and	7487
shall continue to have effect.	7488

(C) The attorney general shall serve as the legal	7489
representative for the commission and may appoint other counsel as	7490
necessary for that purpose in accordance with section 109.07 of	7491
the Revised Code.	7492

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

7493

"Capital facilities project" means the construction,	7494
reconstruction, improvement, enlargement, alteration, or repair of	7495
a building by a public entity.	7496

"Public entity" includes a state agency and a state	7497
institution of higher education.	7498

"State institution of higher education" has the same meaning	7499
as in section 3345.011 of the Revised Code.	7500

(B) Commencing not later than July 1, 2012, and upon	7501
completion of a capital facilities project that is funded wholly	7502
or in part using state funds, each public entity shall submit a	7503
report about the project to the executive director of the Ohio	7504
facilities construction commission. The report shall be submitted	7505
in Ohio administrative knowledge system capital improvement format	7506
or in a manner determined by the executive director and not later	7507
than thirty days after the project is complete. The report shall	7508
provide the total original contract bid, total cost of change	7509
orders, total actual cost of the project, total costs incurred for	7510
mediation and litigation services, and any other data requested by	7511
the executive director. The first report submitted pursuant to	7512
this division shall include information about any capital	7513
facilities project completed on or after July 1, 2011. Any capital	7514
facilities project that is funded wholly or in part through	7515
appropriations made to the Ohio school facilities commission,or	7516
the Ohio public works commission, ~~or the Ohio cultural facilities~~	7517
~~commission,~~ or for which a joint use agreement has been entered	7518
into with any public entity, is exempt from the reporting	7519
requirement prescribed under this division.	7520

(C) Commencing not later than July 1, 2012, and annually	7521
thereafter, the attorney general shall report to the executive	7522
director of the Ohio facilities construction commission on any	7523
mediation and litigation costs associated with capital facilities	7524
projects for which a judgment has been rendered. The report shall	7525
be submitted in a manner prescribed by the executive director and	7526
shall contain any information requested by the executive director	7527
related to capital facilities project mediation and litigation	7528
costs.	7529

(D) As soon as practicable after such information is made	7530
available, the executive director of the Ohio facilities	7531
construction commission shall incorporate the information reported	7532
pursuant to divisions (B) and (C) of this section into the Ohio	7533
administrative knowledge system.	7534

~~Sec. 3383.01.~~ Sec. 123.28. As used in this ~~chapter~~section and in	7535
section 123.281 of the Revised Code:	7536

(A) "Culture" means any of the following:

7537

(1) Visual, musical, dramatic, graphic, design, and other	7538
arts, including, but not limited to, architecture, dance,	7539
literature, motion pictures, music, painting, photography,	7540
sculpture, and theater, and the provision of training or education	7541
in these arts;	7542

(2) The presentation or making available, in museums or other	7543
indoor or outdoor facilities, of principles of science and their	7544
development, use, or application in business, industry, or	7545
commerce or of the history, heritage, development, presentation,	7546
and uses of the arts described in division (A)(1) of this section	7547
and of transportation;	7548

(3) The preservation, presentation, or making available of	7549
features of archaeological, architectural, environmental, or	7550
historical interest or significance in a state historical facility	7551
or a local historical facility.	7552

(B) "Cultural organization" means either of the following:

7553

(1) A governmental agency or Ohio nonprofit corporation that	7554
provides programs or activities in areas directly concerned with	7555
culture;	7556

(2) A regional arts and cultural district as defined in	7557
section 3381.01 of the Revised Code.	7558

(C) "Cultural project" means all or any portion of an Ohio	7559
cultural facility for which the general assembly has ~~specifically~~	7560
~~authorized the spending of money, or~~ made an appropriation,	7561
~~pursuant to division (D)(3) or (E) of section 3383.07 of the~~	7562
~~Revised Code~~or has specifically authorized the spending of money	7563
or the making of rental payments relating to the financing of	7564
construction.	7565

(D) "Cooperative contract" means a contract between the Ohio	7566
~~cultural~~ facilities construction commission and a cultural	7567
organization providing the terms and conditions of the cooperative	7568
use of an Ohio cultural facility.	7569

(E) "Costs of operation" means amounts required to manage an	7570
Ohio cultural facility that are incurred following the completion	7571
of construction of its cultural project, provided that both of the	7572
following apply:	7573

(1) Those amounts either:

7574

(a) Have been committed to a fund dedicated to that purpose;

7575

(b) Equal the principal of any endowment fund, the income	7576
from which is dedicated to that purpose.	7577

(2) The commission and the cultural organization have	7578
executed an agreement with respect to either of those funds.	7579

(F) ~~"General building services" means general building~~	7580
~~services for an Ohio cultural facility or an Ohio sports facility,~~	7581
~~including, but not limited to, general custodial care, security,~~	7582
~~maintenance, repair, painting, decoration, cleaning, utilities,~~	7583
~~fire safety, grounds and site maintenance and upkeep, and~~	7584
~~plumbing.~~	7585

~~(G)~~ "Governmental agency" means ~~a state agency, a~~	7586
~~state-supported or state-assisted institution of higher education~~	7587
the Ohio historical society, a municipal corporation, county,	7588
township, or school district, a port authority created under	7589
Chapter 4582. of the Revised Code, any other political subdivision	7590
or special district in this state established by or pursuant to	7591
law, or any combination of these entities; except where otherwise	7592
indicated, the United States or any department, division, or	7593
agency of the United States, or any agency, commission, or	7594
authority established pursuant to an interstate compact or	7595
agreement.	7596

~~(H)~~(G) "Local contributions" means the value of an asset	7597
provided by or on behalf of a cultural organization from sources	7598
other than the state, the value and nature of which shall be	7599
approved by the Ohio ~~cultural~~ facilities construction commission,	7600
in its sole discretion. "Local contributions" may include the	7601
value of the site where a cultural project is to be constructed.	7602
All "local contributions," except a contribution attributable to	7603
such a site, shall be for the costs of construction of a cultural	7604
project or the creation or expansion of an endowment for the costs	7605
of operation of a cultural facility.	7606

~~(I)~~(H) "Local historical facility" means a site or facility,	7607
other than a state historical facility, of archaeological,	7608
architectural, environmental, or historical interest or	7609
significance, or a facility, including a storage facility,	7610
appurtenant to the operations of such a site or facility, that is	7611
owned by a cultural organization~~, provided the facility meets the~~	7612
~~requirements of division (K)(2)(b) of this section, is managed by~~	7613
~~or pursuant to a contract with the Ohio cultural facilities~~	7614
~~commission,~~ and is used for or in connection with ~~the~~cultural	7615
activities ~~of the commission~~, including the presentation or making	7616
available of culture to the public.	7617

~~(J)~~(I) "Manage," "operate," or "management" means the	7618
provision of, or the exercise of control over the provision of,	7619
activities:	7620

(1) Relating to culture for an Ohio cultural facility,	7621
including as applicable, but not limited to, providing for	7622
displays, exhibitions, specimens, and models; booking of artists,	7623
performances, or presentations; scheduling; and hiring or	7624
contracting for directors, curators, technical and scientific	7625
staff, ushers, stage managers, and others directly related to the	7626
cultural activities in the facility; but not including general	7627
building services;	7628

(2) Relating to sports and athletic events for an Ohio sports	7629
facility, including as applicable, but not limited to, providing	7630
for booking of athletes, teams, and events; scheduling; and hiring	7631
or contracting for staff, ushers, managers, and others directly	7632
related to the sports and athletic events in the facility; but not	7633
including general building services.	7634

~~(K)~~(J) "Ohio cultural facility" means any of the following:

7635

(1) The theaters located in the state office tower at 77	7636
South High street in Columbus;	7637

(2) Any ~~capital~~cultural facility in this state ~~to which both~~	7638
~~of the following apply:~~	7639

~~(a) The construction of a cultural project related to the~~	7640
~~facility was authorized or funded by the general assembly pursuant~~	7641
~~to division (D)(3) of section 3383.07 of the Revised Code and~~	7642
~~proceeds of state bonds are used for costs of the cultural~~	7643
~~project.~~	7644

~~(b) The facility~~that is managed directly by, or is subject	7645
to a cooperative or management contract with, the Ohio ~~cultural~~	7646
facilities construction commission~~, and is used for or in~~	7647
~~connection with the activities of the commission, including the~~	7648
~~presentation or making available of culture to the public and the~~	7649
~~provision of training or education in culture~~.	7650

(3) A state historical facility or a local historical	7651
facility.	7652

~~(L) "State agency" means the state or any of its branches,~~	7653
~~officers, boards, commissions, authorities, departments,~~	7654
~~divisions, or other units or agencies.~~	7655

~~(M)~~(K) "Construction" includes acquisition, including	7656
acquisition by lease-purchase, demolition, reconstruction,	7657
alteration, renovation, remodeling, enlargement, improvement, site	7658
improvements, and related equipping and furnishing.	7659

~~(N)~~(L) "State historical facility" means a site or facility	7660
that has all of the following characteristics:	7661

(1) It is created, supervised, operated, protected,	7662
maintained, and promoted by the Ohio historical society pursuant	7663
to the society's performance of public functions under sections	7664
149.30 and 149.302 of the Revised Code.	7665

(2) Its title must reside wholly or in part with the state,	7666
the society, or both the state and the society.	7667

(3) It is managed directly by or is subject to a cooperative	7668
or management contract with the Ohio ~~cultural~~ facilities	7669
construction commission and is used for or in connection with ~~the~~	7670
cultural activities ~~of the commission~~, including the presentation	7671
or making available of culture to the public.	7672

~~(O)~~(M) "Ohio sports facility" means all or a portion of a	7673
stadium, arena, tennis facility, motorsports complex, or other	7674
capital facility in this state. A primary purpose of the facility	7675
shall be to provide a site or venue for the presentation to the	7676
public of motorsports events, professional tennis tournaments, or	7677
events of one or more major or minor league professional athletic	7678
or sports teams that are associated with the state or with a city	7679
or region of the state. The facility shall be, in the case of a	7680
motorsports complex, owned by the state or governmental agency, or	7681
in all other instances, owned by or located on real property owned	7682
by the state or a governmental agency, and includes all parking	7683
facilities, walkways, and other auxiliary facilities, equipment,	7684
furnishings, and real and personal property and interests and	7685
rights therein, that may be appropriate for or used for or in	7686
connection with the facility or its operation, for capital costs	7687
of which state funds are spent pursuant to ~~this chapter~~this	7688
section and section 123.281 of the Revised Code. A facility	7689
constructed as an Ohio sports facility may be both an Ohio	7690
cultural facility and an Ohio sports facility.	7691

~~(P)~~(N) "Motorsports" means sporting events in which motor	7692
vehicles are driven on a clearly demarcated tracked surface.	7693

~~Sec. 3383.07.~~ Sec. 123.281. (A) The Ohio facilities construction	7694
commission shall provide for the construction of a cultural	7695
project in conformity with Chapter 153. of the Revised Code,	7696
except ~~as follows:~~	7697

~~(1) For a cultural project other than a state historical~~	7698
~~facility, construction services may be provided on behalf of the~~	7699
~~state by the Ohio cultural facilities commission, or by~~for	7700
construction services provided on behalf of the state by a	7701
governmental agency or a cultural organization in accordance with	7702
divisions (B) and (C) of this section.	7703

(B) In order for a governmental agency or a cultural	7704
organization ~~that occupies, will occupy, or is responsible for the~~	7705
~~Ohio cultural facility, as determined by the Ohio cultural~~	7706
~~facilities commission. For a project receiving a state~~	7707
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	7708
~~facilities commission may delegate to its executive director the~~	7709
~~authority to approve the provision of construction services by~~	7710
~~such an agency or organization, but not the authority to~~	7711
~~disapprove that provision. Construction services to be provided by~~	7712
~~a governmental agency or a cultural organization shall be~~	7713
~~specified in an agreement between the Ohio cultural facilities~~	7714
~~commission and the governmental agency or cultural organization.~~	7715
~~The agreement, or any actions taken under it, are not subject to~~	7716
~~Chapter 123. or 153. of the Revised Code, except for sections~~	7717
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	7718
~~Chapter 4115. of the Revised Code.~~	7719

~~(2) For a cultural project that is~~to provide construction	7720
services on behalf of the state for a cultural project for which	7721
the general assembly has made an appropriation or specifically	7722
authorized the spending of money or the making of rental payments	7723
relating to the financing of the construction, the governmental	7724
agency or cultural organization shall submit to the Ohio	7725
facilities construction commission a cooperative agreement that	7726
includes, but is not limited to, provisions that:	7727

(1) Specify how the proposed project will support culture, as	7728
defined in section 123.28 of the Revised Code;	7729

(2) Specify that the governmental agency or cultural	7730
organization has local contributions amounting to not less than	7731
fifty per cent of the total state funding for the cultural	7732
project;	7733

(3) Specify that the funds shall be used only for	7734
construction, as defined in section 123.28 of the Revised Code;	7735

(4) Identify the facility to be constructed, renovated,	7736
remodeled, or improved;	7737

(5) Specify that the project scope meets the intent and	7738
purpose of the project appropriation and that the project can be	7739
completed and ready for full occupancy without exceeding	7740
appropriated funds;	7741

(6) Specify that the governmental agency or cultural	7742
organization shall hold the Ohio facilities construction	7743
commission harmless from all liability for the operation and	7744
maintenance costs of the facility;	7745

(7) Specify that the agreement or any actions taken under it	7746
are not subject to Chapters 123. or 153. of the Revised Code,	7747
except for section 153.011 of the Revised Code, and are subject to	7748
Chapter 4115. of the Revised Code; and	7749

(8) Provide that amendments to the agreement shall require	7750
the approval of the Ohio facilities construction commission.	7751

(C) In order for a cultural organization to provide	7752
construction services on behalf of the state for a state	7753
historical facility~~, construction services may be provided by the~~	7754
~~Ohio cultural facilities commission or by a cultural organization~~	7755
~~that occupies, will occupy, or is responsible for the facility, as~~	7756
~~determined by the Ohio cultural facilities commission. For a~~	7757
~~facility receiving a state appropriation of fifty thousand dollars~~	7758
~~or less, the Ohio cultural facilities commission may delegate to~~	7759
~~its executive director the authority to approve the provision of~~	7760
~~construction services by such an organization, but not the~~	7761
~~authority to disapprove that provision. The construction services~~	7762
~~to be provided by the cultural organization shall be specified in~~	7763
~~an agreement between the Ohio cultural facilities commission and~~	7764
~~the cultural organization. That agreement, and any actions taken~~	7765
~~under it, are not subject to Chapter 123., 153., or 4115. of the~~	7766
~~Revised Code.~~	7767

~~(B) For an Ohio sports facility that is financed in part by~~	7768
~~obligations issued pursuant to Chapter 154. of the Revised Code,~~	7769
~~construction services shall be provided on behalf of the state by~~	7770
~~or at the direction of the governmental agency or nonprofit~~	7771
~~corporation that will own or be responsible for the management of~~	7772
~~the facility, all as determined by the Ohio cultural facilities~~	7773
~~commission. For a facility receiving a state appropriation of~~	7774
~~fifty thousand dollars or less, the Ohio cultural facilities~~	7775
~~commission may delegate to its executive director the authority to~~	7776
~~approve the provision of construction services by or at the~~	7777
~~direction of the agency or corporation, but not the authority to~~	7778
~~disapprove that provision. Any construction services to be~~	7779
~~provided by a governmental agency or nonprofit corporation shall~~	7780
~~be specified in an agreement between the Ohio cultural facilities~~	7781
~~commission and the governmental agency or nonprofit corporation.~~	7782
~~That agreement, and any actions taken under it, are not subject to~~	7783
~~Chapter 123. or 153. of the Revised Code, except for sections~~	7784
~~123.081 and 153.011 of the Revised Code, and shall be subject to~~	7785
~~Chapter 4115. of the Revised Code.~~	7786

~~(C) General building services for an Ohio cultural facility~~	7787
~~shall be provided by the Ohio cultural facilities commission or by~~	7788
~~a cultural organization that occupies, will occupy, or is~~	7789
~~responsible for the facility, as determined by the Ohio cultural~~	7790
~~facilities commission. For a facility receiving a state~~	7791
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	7792
~~facilities commission may delegate to its executive director the~~	7793
~~authority to approve the provision of general building services by~~	7794
~~such an organization, but not the authority to disapprove that~~	7795
~~provision. Alternatively, the Ohio building authority may elect to~~	7796
~~provide those services for Ohio cultural facilities financed with~~	7797
~~proceeds of state bonds issued by the authority. The costs of~~	7798
~~management and general building services shall be paid by the~~	7799
~~cultural organization that occupies, will occupy, or is~~	7800
~~responsible for the facility as provided in an agreement between~~	7801
~~the Ohio cultural facilities commission and the cultural~~	7802
~~organization, except that the state may pay for general building~~	7803
~~services for state-owned cultural facilities constructed on~~	7804
~~state-owned land.~~	7805

~~General building services for an Ohio sports facility shall~~	7806
~~be provided by or at the direction of the governmental agency or~~	7807
~~nonprofit corporation that will be responsible for the management~~	7808
~~of the facility, all as determined by the Ohio cultural facilities~~	7809
~~commission. For a facility receiving a state appropriation of~~	7810
~~fifty thousand dollars or less, the Ohio cultural facilities~~	7811
~~commission may delegate to its executive director the authority to~~	7812
~~approve the provision of general building services by or at the~~	7813
~~direction of the agency or corporation, but not the authority to~~	7814
~~disapprove that provision. Any general building services to be~~	7815
~~provided by a governmental agency or nonprofit corporation for an~~	7816
~~Ohio sports facility shall be specified in an agreement between~~	7817
~~the Ohio cultural facilities commission and the governmental~~	7818
~~agency or nonprofit corporation. That agreement, and any actions~~	7819
~~taken under it, are not subject to Chapter 123. or 153. of the~~	7820
~~Revised Code, except for sections 123.081 and 153.011 of the~~	7821
~~Revised Code, and shall be subject to Chapter 4115. of the Revised~~	7822
~~Code.~~	7823

~~(D) This division does not apply to a state historical~~	7824
~~facility. No state funds, including any state bond proceeds, shall~~	7825
~~be spent on the construction of any cultural project under this~~	7826
~~chapter unless, with respect to the cultural project and to the~~	7827
~~Ohio cultural facility related to the project, all of the~~	7828
~~following apply:~~	7829

~~(1) The Ohio cultural facilities commission has determined~~	7830
~~that there is a need for the cultural project and the Ohio~~	7831
~~cultural facility related to the project in the region of the~~	7832
~~state in which the Ohio cultural facility is located or for which~~	7833
~~the facility is proposed. For a project receiving a state~~	7834
~~appropriation of fifty thousand dollars or less, the Ohio cultural~~	7835
~~facilities commission may delegate to its executive director the~~	7836
~~authority to determine need but only in the affirmative.~~	7837

~~(2) The Ohio cultural facilities commission has determined~~	7838
~~that, as an indication of substantial regional support for the~~	7839
~~cultural project, the cultural organization has made provision~~	7840
~~satisfactory to the Ohio cultural facilities commission, in its~~	7841
~~sole discretion, for local contributions amounting to not less~~	7842
~~than fifty per cent of the total state funding for the cultural~~	7843
~~project. For a project receiving a state appropriation of fifty~~	7844
~~thousand dollars or less, the Ohio cultural facilities commission~~	7845
~~may delegate to its executive director the authority to determine~~	7846
~~the adequacy of the regional support but only in the affirmative.~~	7847

~~(3) The general assembly has specifically authorized the~~	7848
~~spending of money on, or made an appropriation for, the~~	7849
~~construction of the cultural project, or for rental payments~~	7850
~~relating to the financing of the construction of the cultural~~	7851
~~project. Authorization to spend money, or an appropriation, for~~	7852
~~planning the cultural project does not constitute authorization to~~	7853
~~spend money on, or an appropriation for, construction of the~~	7854
~~cultural project.~~	7855

~~(E) No state funds, including any state bond proceeds, shall~~	7856
~~be spent on the construction of any state historical facility~~	7857
~~under this chapter unless the general assembly has specifically~~	7858
~~authorized the spending of money on, or made an appropriation for,~~	7859
~~the construction of the state historical project related to the~~	7860
~~facility, or for rental payments relating to the financing of the~~	7861
~~construction of the state historical project. Authorization to~~	7862
~~spend money, or an appropriation, for planning the state~~	7863
~~historical project does not constitute authorization to spend~~	7864
~~money on, or an appropriation for, the construction of the state~~	7865
~~historical project.~~	7866

~~(F)~~for which the general assembly has made an appropriation	7867
or specifically authorized the spending of money or the making of	7868
rental payments relating to the financing of the construction, the	7869
cultural organization shall submit to the Ohio facilities	7870
construction commission a cooperative agreement that includes, but	7871
is not limited to, provisions that:	7872

(1) Specify how the proposed project will support culture, as	7873
defined in section 123.28 of the Revised Code;	7874

(2) Specify that the cultural organization has local	7875
contributions amounting to not less than fifty per cent of the	7876
total state funding for the cultural project;	7877

(3) Specify that the funds shall be used only for	7878
construction, as defined in section 123.28 of the Revised Code;	7879

(4) Identify the facility to be constructed, renovated,	7880
remodeled, or improved;	7881

(5) Specify that the project scope meets the intent and	7882
purpose of the project appropriation and that the project can be	7883
completed and ready for full occupancy without exceeding	7884
appropriated funds;	7885

(6) Specify that the cultural organization shall hold the	7886
Ohio facilities construction commission harmless from all	7887
liability for the operation and maintenance costs of the facility;	7888

(7) Specify that the agreement or any actions taken under it	7889
are not subject to Chapters 123., 153., or 4115. of the Revised	7890
Code; and	7891

(8) Provide that amendments to the agreement shall require	7892
the approval of the Ohio facilities construction commission.	7893

(D) State funds shall not be used to pay or reimburse more	7894
than fifteen per cent of the initial estimated construction cost	7895
of an Ohio sports facility, excluding any site acquisition cost,	7896
and no state funds, including any state bond proceeds, shall be	7897
spent on any Ohio sports facility under this chapter unless, with	7898
respect to that facility, all of the following apply:	7899

(1) The Ohio ~~cultural~~ facilities construction commission has	7900
~~determined that there is a need for the facility in the region of~~	7901
~~the state for which the facility is proposed to provide the~~	7902
~~function of an Ohio sports facility as provided for in this~~	7903
~~chapter. For a facility receiving a state appropriation of fifty~~	7904
~~thousand dollars or less, the Ohio cultural facilities commission~~	7905
~~may delegate to its executive director the authority to determine~~	7906
~~need but only in the affirmative.~~	7907

~~(2) As an indication of substantial local support for the~~	7908
~~facility, the Ohio cultural facilities commission has~~ received a	7909
financial and development plan satisfactory to it, and provision	7910
has been made, by agreement or otherwise, satisfactory to the ~~Ohio~~	7911
~~cultural facilities~~ commission, for a contribution amounting to	7912
not less than eighty-five per cent of the total estimated	7913
construction cost of the facility, excluding any site acquisition	7914
cost, from sources other than the state. ~~For a facility receiving~~	7915
~~a state appropriation of fifty thousand dollars or less, the Ohio~~	7916
~~cultural facilities commission may delegate to its executive~~	7917
~~director the authority to evaluate the financial and development~~	7918
~~plan and the contribution and to determine their adequacy but only~~	7919
~~in the affirmative.~~	7920

~~(3)~~(2) The general assembly has specifically authorized the	7921
spending of money on, or made an appropriation for, the	7922
construction of the facility, or for rental payments relating to	7923
state financing of all or a portion of the costs of constructing	7924
the facility. Authorization to spend money, or an appropriation,	7925
for planning or determining the feasibility of or need for the	7926
facility does not constitute authorization to spend money on, or	7927
an appropriation for, costs of constructing the facility.	7928

~~(4)~~(3) If state bond proceeds are being used for the Ohio	7929
sports facility, the state or a governmental agency owns or has	7930
sufficient property interests in the facility or in the site of	7931
the facility or in the portion or portions of the facility	7932
financed from proceeds of state bonds, which may include, but is	7933
not limited to, the right to use or to require the use of the	7934
facility for the presentation of sport and athletic events to the	7935
public at the facility.	7936

~~(G)~~(E) In addition to the requirements of division ~~(F)~~(D) of	7937
this section, no state funds, including any state bond proceeds,	7938
shall be spent on any Ohio sports facility that is a motorsports	7939
complex, unless, with respect to that facility, both of the	7940
following apply:	7941

(1) Motorsports events shall be presented at the facility	7942
pursuant to a lease entered into with the owner of the facility.	7943
The term of the lease shall be for a period of not less than the	7944
greater of the useful life of the portion of the facility financed	7945
from proceeds of state bonds as determined using the guidelines	7946
for maximum maturities as provided under divisions (B) and (C) of	7947
section 133.20 of the Revised Code, or the period of time	7948
remaining to the date of payment or provision for payment of	7949
outstanding state bonds allocable to costs of the facility, all as	7950
determined by the director of budget and management and certified	7951
by the executive director toof the Ohio ~~cultural~~ facilities	7952
construction commission and to the treasurer of state.	7953

(2) Any motorsports organization that commits to using the	7954
facility for an established period of time shall give the	7955
political subdivision in which the facility is located not less	7956
than six months' advance notice if the organization intends to	7957
cease utilizing the facility prior to the expiration of that	7958
established period. Such a motorsports organization shall be	7959
liable to the state for any state funds used on the construction	7960
costs of the facility.	7961

~~(H)~~(F) In addition to the requirements of division ~~(F)~~(D) of	7962
this section, no state bond proceeds shall be spent on any Ohio	7963
sports facility that is a tennis facility, unless the owner or	7964
manager of the facility provides contractual commitments from a	7965
national or international professional tennis organization in a	7966
form acceptable to the ~~cultural~~Ohio facilities construction	7967
commission that assures that one or more sanctioned professional	7968
tennis events will be presented at the facility during each year	7969
that the bonds remain outstanding.	7970

Sec. 124.11. The civil service of the state and the several	7971
counties, cities, civil service townships, city health districts,	7972
general health districts, and city school districts of the state	7973
shall be divided into the unclassified service and the classified	7974
service.	7975

(A) The unclassified service shall comprise the following	7976
positions, which shall not be included in the classified service,	7977
and which shall be exempt from all examinations required by this	7978
chapter:	7979

(1) All officers elected by popular vote or persons appointed	7980
to fill vacancies in those offices;	7981

(2) All election officers as defined in section 3501.01 of	7982
the Revised Code;	7983

(3)(a) The members of all boards and commissions, and heads	7984
of principal departments, boards, and commissions appointed by the	7985
governor or by and with the governor's consent;	7986

(b) The heads of all departments appointed by a board of	7987
county commissioners;	7988

(c) The members of all boards and commissions and all heads	7989
of departments appointed by the mayor, or, if there is no mayor,	7990
such other similar chief appointing authority of any city or city	7991
school district;	7992

Except as otherwise provided in division (A)(17) or (C) of	7993
this section, this chapter does not exempt the chiefs of police	7994
departments and chiefs of fire departments of cities or civil	7995
service townships from the competitive classified service.	7996

(4) The members of county or district licensing boards or	7997
commissions and boards of revision, and not more than five deputy	7998
county auditors;	7999

(5) All officers and employees elected or appointed by either	8000
or both branches of the general assembly, and employees of the	8001
city legislative authority engaged in legislative duties;	8002

(6) All commissioned, warrant, and noncommissioned officers	8003
and enlisted persons in the Ohio organized militia, including	8004
military appointees in the adjutant general's department;	8005

(7)(a) All presidents, business managers, administrative	8006
officers, superintendents, assistant superintendents, principals,	8007
deans, assistant deans, instructors, teachers, and such employees	8008
as are engaged in educational or research duties connected with	8009
the public school system, colleges, and universities, as	8010
determined by the governing body of the public school system,	8011
colleges, and universities;	8012

(b) The library staff of any library in the state supported	8013
wholly or in part at public expense.	8014

(8) Four clerical and administrative support employees for	8015
each of the elective state officers, four clerical and	8016
administrative support employees for each board of county	8017
commissioners and one such employee for each county commissioner,	8018
and four clerical and administrative support employees for other	8019
elective officers and each of the principal appointive executive	8020
officers, boards, or commissions, except for civil service	8021
commissions, that are authorized to appoint such clerical and	8022
administrative support employees;	8023

(9) The deputies and assistants of state agencies authorized	8024
to act for and on behalf of the agency, or holding a fiduciary or	8025
administrative relation to that agency and those persons employed	8026
by and directly responsible to elected county officials or a	8027
county administrator and holding a fiduciary or administrative	8028
relationship to such elected county officials or county	8029
administrator, and the employees of such county officials whose	8030
fitness would be impracticable to determine by competitive	8031
examination, provided that division (A)(9) of this section shall	8032
not affect those persons in county employment in the classified	8033
service as of September 19, 1961. Nothing in division (A)(9) of	8034
this section applies to any position in a county department of job	8035
and family services created pursuant to Chapter 329. of the	8036
Revised Code.	8037

(10) Bailiffs, constables, official stenographers, and	8038
commissioners of courts of record, deputies of clerks of the	8039
courts of common pleas who supervise or who handle public moneys	8040
or secured documents, and such officers and employees of courts of	8041
record and such deputies of clerks of the courts of common pleas	8042
as the appointing authority finds it impracticable to determine	8043
their fitness by competitive examination;	8044

(11) Assistants to the attorney general, special counsel	8045
appointed or employed by the attorney general, assistants to	8046
county prosecuting attorneys, and assistants to city directors of	8047
law;	8048

(12) Such teachers and employees in the agricultural	8049
experiment stations; such students in normal schools, colleges,	8050
and universities of the state who are employed by the state or a	8051
political subdivision of the state in student or intern	8052
classifications; and such unskilled labor positions as the	8053
director of administrative services, with respect to positions in	8054
the service of the state, or any municipal civil service	8055
commission may find it impracticable to include in the competitive	8056
classified service; provided such exemptions shall be by order of	8057
the commission or the director, duly entered on the record of the	8058
commission or the director with the reasons for each such	8059
exemption;	8060

(13) Any physician or dentist who is a full-time employee of	8061
the department of ~~mental health~~mental health and addiction	8062
services, the department of developmental disabilities, or an	8063
institution under the jurisdiction of either department; and	8064
physicians who are in residency programs at the institutions;	8065

(14) Up to twenty positions at each institution under the	8066
jurisdiction of the department of ~~mental health~~mental health and	8067
addiction services or the department of developmental disabilities	8068
that the department director determines to be primarily	8069
administrative or managerial; and up to fifteen positions in any	8070
division of either department, excluding administrative assistants	8071
to the director and division chiefs, which are within the	8072
immediate staff of a division chief and which the director	8073
determines to be primarily and distinctively administrative and	8074
managerial;	8075

(15) Noncitizens of the United States employed by the state,	8076
or its counties or cities, as physicians or nurses who are duly	8077
licensed to practice their respective professions under the laws	8078
of this state, or medical assistants, in mental or chronic disease	8079
hospitals, or institutions;	8080

(16) Employees of the governor's office;

8081

(17) Fire chiefs and chiefs of police in civil service	8082
townships appointed by boards of township trustees under section	8083
505.38 or 505.49 of the Revised Code;	8084

(18) Executive directors, deputy directors, and program	8085
directors employed by boards of alcohol, drug addiction, and	8086
mental health services under Chapter 340. of the Revised Code, and	8087
secretaries of the executive directors, deputy directors, and	8088
program directors;	8089

(19) Superintendents, and management employees as defined in	8090
section 5126.20 of the Revised Code, of county boards of	8091
developmental disabilities;	8092

(20) Physicians, nurses, and other employees of a county	8093
hospital who are appointed pursuant to sections 339.03 and 339.06	8094
of the Revised Code;	8095

(21) The executive director of the state medical board, who	8096
is appointed pursuant to division (B) of section 4731.05 of the	8097
Revised Code;	8098

(22) County directors of job and family services as provided	8099
in section 329.02 of the Revised Code and administrators appointed	8100
under section 329.021 of the Revised Code;	8101

(23) A director of economic development who is hired pursuant	8102
to division (A) of section 307.07 of the Revised Code;	8103

(24) Chiefs of construction and compliance, of operations and	8104
maintenance, of worker protection, and of licensing and	8105
certification in the division of industrial compliance in the	8106
department of commerce;	8107

(25) The executive director of a county transit system	8108
appointed under division (A) of section 306.04 of the Revised	8109
Code;	8110

(26) Up to five positions at each of the administrative	8111
departments listed in section 121.02 of the Revised Code and at	8112
the department of taxation, department of the adjutant general,	8113
department of education, Ohio board of regents, bureau of workers'	8114
compensation, industrial commission, state lottery commission,	8115
opportunities for Ohioans with disabilities agency, and public	8116
utilities commission of Ohio that the head of that administrative	8117
department or of that other state agency determines to be involved	8118
in policy development and implementation. The head of the	8119
administrative department or other state agency shall set the	8120
compensation for employees in these positions at a rate that is	8121
not less than the minimum compensation specified in pay range 41	8122
but not more than the maximum compensation specified in pay range	8123
4447 of salary schedule E-2 in section 124.152 of the Revised	8124
Code. The authority to establish positions in the unclassified	8125
service under division (A)(26) of this section is in addition to	8126
and does not limit any other authority that an administrative	8127
department or state agency has under the Revised Code to establish	8128
positions, appoint employees, or set compensation.	8129

(27) Employees of the department of agriculture employed	8130
under section 901.09 of the Revised Code;	8131

(28) For cities, counties, civil service townships, city	8132
health districts, general health districts, and city school	8133
districts, the deputies and assistants of elective or principal	8134
executive officers authorized to act for and in the place of their	8135
principals or holding a fiduciary relation to their principals;	8136

(29) Employees who receive intermittent or temporary	8137
appointments under division (B) of section 124.30 of the Revised	8138
Code;	8139

(30) Employees appointed to administrative staff positions	8140
for which an appointing authority is given specific statutory	8141
authority to set compensation;	8142

(31) Employees appointed to highway patrol cadet or highway	8143
patrol cadet candidate classifications;	8144

(32) Employees placed in the unclassified service by another	8145
section of the Revised Code.	8146

(B) The classified service shall comprise all persons in the	8147
employ of the state and the several counties, cities, city health	8148
districts, general health districts, and city school districts of	8149
the state, not specifically included in the unclassified service.	8150
Upon the creation by the board of trustees of a civil service	8151
township civil service commission, the classified service shall	8152
also comprise, except as otherwise provided in division (A)(17) or	8153
(C) of this section, all persons in the employ of a civil service	8154
township police or fire department having ten or more full-time	8155
paid employees. The classified service consists of two classes,	8156
which shall be designated as the competitive class and the	8157
unskilled labor class.	8158

(1) The competitive class shall include all positions and	8159
employments in the state and the counties, cities, city health	8160
districts, general health districts, and city school districts of	8161
the state, and, upon the creation by the board of trustees of a	8162
civil service township of a township civil service commission, all	8163
positions in a civil service township police or fire department	8164
having ten or more full-time paid employees, for which it is	8165
practicable to determine the merit and fitness of applicants by	8166
competitive examinations. Appointments shall be made to, or	8167
employment shall be given in, all positions in the competitive	8168
class that are not filled by promotion, reinstatement, transfer,	8169
or reduction, as provided in this chapter, and the rules of the	8170
director of administrative services, by appointment from those	8171
certified to the appointing officer in accordance with this	8172
chapter.	8173

(2) The unskilled labor class shall include ordinary	8174
unskilled laborers. Vacancies in the labor class for positions in	8175
service of the state shall be filled by appointment from lists of	8176
applicants registered by the director or the director's designee.	8177
Vacancies in the labor class for all other positions shall be	8178
filled by appointment from lists of applicants registered by a	8179
commission. The director or the commission, as applicable, by	8180
rule, shall require an applicant for registration in the labor	8181
class to furnish evidence or take tests as the director or	8182
commission considers proper with respect to age, residence,	8183
physical condition, ability to labor, honesty, sobriety, industry,	8184
capacity, and experience in the work or employment for which	8185
application is made. Laborers who fulfill the requirements shall	8186
be placed on the eligible list for the kind of labor or employment	8187
sought, and preference shall be given in employment in accordance	8188
with the rating received from that evidence or in those tests.	8189
Upon the request of an appointing officer, stating the kind of	8190
labor needed, the pay and probable length of employment, and the	8191
number to be employed, the director or commission, as applicable,	8192
shall certify from the highest on the list double the number to be	8193
employed; from this number, the appointing officer shall appoint	8194
the number actually needed for the particular work. If more than	8195
one applicant receives the same rating, priority in time of	8196
application shall determine the order in which their names shall	8197
be certified for appointment.	8198

(C) A municipal or civil service township civil service	8199
commission may place volunteer firefighters who are paid on a	8200
fee-for-service basis in either the classified or the unclassified	8201
civil service.	8202

(D)(1) This division does not apply to persons in the	8203
unclassified service who have the right to resume positions in the	8204
classified service under sections 4121.121, ~~5119.071~~5119.18,	8205
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the	8206
Revised Code or to cities, counties, or political subdivisions of	8207
the state.	8208

(2) A person who holds a position in the classified service	8209
of the state and who is appointed to a position in the	8210
unclassified service shall retain the right to resume the position	8211
and status held by the person in the classified service	8212
immediately prior to the person's appointment to the position in	8213
the unclassified service, regardless of the number of positions	8214
the person held in the unclassified service. An employee's right	8215
to resume a position in the classified service may only be	8216
exercised when an appointing authority demotes the employee to a	8217
pay range lower than the employee's current pay range or revokes	8218
the employee's appointment to the unclassified service and:	8219

(a) That person held a certified position prior to July 1,	8220
2007, in the classified service within the appointing authority's	8221
agency; or	8222

(b) That person held a permanent position on or after July 1,	8223
2007, in the classified service within the appointing authority's	8224
agency.	8225

(3) An employee forfeits the right to resume a position in	8226
the classified service when:	8227

(a) The employee is removed from the position in the	8228
unclassified service due to incompetence, inefficiency,	8229
dishonesty, drunkenness, immoral conduct, insubordination,	8230
discourteous treatment of the public, neglect of duty, violation	8231
of this chapter or the rules of the director of administrative	8232
services, any other failure of good behavior, any other acts of	8233
misfeasance, malfeasance, or nonfeasance in office, or conviction	8234
of a felony; or	8235

(b) Upon transfer to a different agency.

8236

(4) Reinstatement to a position in the classified service	8237
shall be to a position substantially equal to that position in the	8238
classified service held previously, as certified by the director	8239
of administrative services. If the position the person previously	8240
held in the classified service has been placed in the unclassified	8241
service or is otherwise unavailable, the person shall be appointed	8242
to a position in the classified service within the appointing	8243
authority's agency that the director of administrative services	8244
certifies is comparable in compensation to the position the person	8245
previously held in the classified service. Service in the position	8246
in the unclassified service shall be counted as service in the	8247
position in the classified service held by the person immediately	8248
prior to the person's appointment to the position in the	8249
unclassified service. When a person is reinstated to a position in	8250
the classified service as provided in this division, the person is	8251
entitled to all rights, status, and benefits accruing to the	8252
position in the classified service during the person's time of	8253
service in the position in the unclassified service.	8254

Sec. 124.14. (A)(1) The director of administrative services	8255
shall establish, and may modify or rescind~~, by rule,~~ a job	8256
classification plan for all positions, offices, and employments	8257
~~the salaries of which are paid in whole or in part by~~in the	8258
service of the state. The director shall group jobs within a	8259
classification so that the positions are similar enough in duties	8260
and responsibilities to be described by the same title, to have	8261
the same pay assigned with equity, and to have the same	8262
qualifications for selection applied. The director shall~~, by rule,~~	8263
assign a classification title to each classification within the	8264
classification plan. However, the director shall consider in	8265
establishing classifications, including classifications with	8266
parenthetical titles, and assigning pay ranges such factors as	8267
duties performed only on one shift, special skills in short supply	8268
in the labor market, recruitment problems, separation rates,	8269
comparative salary rates, the amount of training required, and	8270
other conditions affecting employment. The director shall describe	8271
the duties and responsibilities of the class, establish the	8272
qualifications for being employed in each position in the class,	8273
and file with the secretary of state a copy of specifications for	8274
all of the classifications. The director shall file new,	8275
additional, or revised specifications with the secretary of state	8276
before they are used.	8277

The director shall~~, by rule,~~ assign each classification,	8278
either on a statewide basis or in particular counties or state	8279
institutions, to a pay range established under section 124.15 or	8280
section 124.152 of the Revised Code. The director may assign a	8281
classification to a pay range on a temporary basis for a period of	8282
six months. The director may establish~~, by rule adopted under~~	8283
~~Chapter 119. of the Revised Code,~~ experimental classification	8284
plans for some or all employees paid directly by warrant of the	8285
director of budget and management~~. The rule~~that shall include	8286
specifications for each classification within the plan and shall	8287
specifically address compensation ranges, and methods for	8288
advancing within the ranges, for the classifications, which may be	8289
assigned to pay ranges other than the pay ranges established under	8290
section 124.15 or 124.152 of the Revised Code.	8291

(2) The director of administrative services may reassign to a	8292
proper classification those positions that have been assigned to	8293
an improper classification. If the compensation of an employee in	8294
such a reassigned position exceeds the maximum rate of pay for the	8295
employee's new classification, the employee shall be placed in pay	8296
step X and shall not receive an increase in compensation until the	8297
maximum rate of pay for that classification exceeds the employee's	8298
compensation.	8299

(3) The director may reassign an exempt employee, as defined	8300
in section 124.152 of the Revised Code, to a bargaining unit	8301
classification if the director determines that the bargaining unit	8302
classification is the proper classification for that employee.	8303
Notwithstanding Chapter 4117. of the Revised Code or instruments	8304
and contracts negotiated under it, these placements are at the	8305
director's discretion.	8306

(4) The director shall~~, by rule,~~ assign related	8307
classifications, which form a career progression, to a	8308
classification series. The director shall~~, by rule,~~ assign each	8309
classification in the classification plan a five-digit number, the	8310
first four digits of which shall denote the classification series	8311
to which the classification is assigned. When a career progression	8312
encompasses more than ten classifications, the director shall~~, by~~	8313
~~rule,~~ identify the additional classifications belonging to a	8314
classification series. The additional classifications shall be	8315
part of the classification series, notwithstanding the fact that	8316
the first four digits of the number assigned to the additional	8317
classifications do not correspond to the first four digits of the	8318
numbers assigned to other classifications in the classification	8319
series.	8320

(B) Division (A) of this section and sections 124.15 and	8321
124.152 of the Revised Code do not apply to the following persons,	8322
positions, offices, and employments:	8323

(1) Elected officials;

8324

(2) Legislative employees, employees of the legislative	8325
service commission, employees in the office of the governor,	8326
employees who are in the unclassified civil service and exempt	8327
from collective bargaining coverage in the office of the secretary	8328
of state, auditor of state, treasurer of state, and attorney	8329
general, and employees of the supreme court;	8330

(3) Any position for which the authority to determine	8331
compensation is given by law to another individual or entity;	8332

(4) Employees of the bureau of workers' compensation whose	8333
compensation the administrator of workers' compensation	8334
establishes under division (B) of section 4121.121 of the Revised	8335
Code.	8336

(C) The director may employ a consulting agency to aid and	8337
assist the director in carrying out this section.	8338

(D)(1) When the director proposes to modify a classification	8339
or the assignment of classes to appropriate pay ranges, the	8340
director shall send written notice ~~of the proposed rule~~ to the	8341
appointing authorities of the affected employees ~~thirty days~~	8342
~~before a hearing on the proposed rule. The appointing authorities~~	8343
that shall notify the affected employees regarding the ~~proposed~~	8344
~~rule~~modification thirty days before the modification occurs. The	8345
director also shall send those appointing authorities notice of	8346
~~any final rule that is adopted~~ within ten days after ~~adoption~~the	8347
modification is finalized.	8348

(2) When the director proposes to reclassify any employee in	8349
the service of the state so that the employee is adversely	8350
affected, the director shall give to the employee affected and to	8351
the employee's appointing authority a written notice setting forth	8352
the proposed new classification, pay range, and salary. Upon the	8353
request of any classified employee in the service of the state who	8354
is not serving in a probationary period, the director shall	8355
perform a job audit to review the classification of the employee's	8356
position to determine whether the position is properly classified.	8357
The director shall give to the employee affected and to the	8358
employee's appointing authority a written notice of the director's	8359
determination whether or not to reclassify the position or to	8360
reassign the employee to another classification. An employee or	8361
appointing authority desiring a hearing shall file a written	8362
request for the hearing with the state personnel board of review	8363
within thirty days after receiving the notice. The board shall set	8364
the matter for a hearing and notify the employee and appointing	8365
authority of the time and place of the hearing. The employee, the	8366
appointing authority, or any authorized representative of the	8367
employee who wishes to submit facts for the consideration of the	8368
board shall be afforded reasonable opportunity to do so. After the	8369
hearing, the board shall consider anew the reclassification and	8370
may order the reclassification of the employee and require the	8371
director to assign the employee to such appropriate classification	8372
as the facts and evidence warrant. As provided in division (A)(1)	8373
of section 124.03 of the Revised Code, the board may determine the	8374
most appropriate classification for the position of any employee	8375
coming before the board, with or without a job audit. The board	8376
shall disallow any reclassification or reassignment classification	8377
of any employee when it finds that changes have been made in the	8378
duties and responsibilities of any particular employee for	8379
political, religious, or other unjust reasons.	8380

(E)(1) Employees of each county department of job and family	8381
services shall be paid a salary or wage established by the board	8382
of county commissioners. The provisions of section 124.18 of the	8383
Revised Code concerning the standard work week apply to employees	8384
of county departments of job and family services. A board of	8385
county commissioners may do either of the following:	8386

(a) Notwithstanding any other section of the Revised Code,	8387
supplement the sick leave, vacation leave, personal leave, and	8388
other benefits of any employee of the county department of job and	8389
family services of that county, if the employee is eligible for	8390
the supplement under a written policy providing for the	8391
supplement;	8392

(b) Notwithstanding any other section of the Revised Code,	8393
establish alternative schedules of sick leave, vacation leave,	8394
personal leave, or other benefits for employees not inconsistent	8395
with the provisions of a collective bargaining agreement covering	8396
the affected employees.	8397

(2) Division (E)(1) of this section does not apply to	8398
employees for whom the state employment relations board	8399
establishes appropriate bargaining units pursuant to section	8400
4117.06 of the Revised Code, except in either of the following	8401
situations:	8402

(a) The employees for whom the state employment relations	8403
board establishes appropriate bargaining units elect no	8404
representative in a board-conducted representation election.	8405

(b) After the state employment relations board establishes	8406
appropriate bargaining units for such employees, all employee	8407
organizations withdraw from a representation election.	8408

(F)(1) Notwithstanding any contrary provision of sections	8409
124.01 to 124.64 of the Revised Code, the board of trustees of	8410
each state university or college, as defined in section 3345.12 of	8411
the Revised Code, shall carry out all matters of governance	8412
involving the officers and employees of the university or college,	8413
including, but not limited to, the powers, duties, and functions	8414
of the department of administrative services and the director of	8415
administrative services specified in this chapter. Officers and	8416
employees of a state university or college shall have the right of	8417
appeal to the state personnel board of review as provided in this	8418
chapter.	8419

(2) Each board of trustees shall adopt rules under section	8420
111.15 of the Revised Code to carry out the matters of governance	8421
described in division (F)(1) of this section. Until the board of	8422
trustees adopts those rules, a state university or college shall	8423
continue to operate pursuant to the applicable rules adopted by	8424
the director of administrative services under this chapter.	8425

(G)(1) Each board of county commissioners may, by a	8426
resolution adopted by a majority of its members, establish a	8427
county personnel department to exercise the powers, duties, and	8428
functions specified in division (G) of this section. As used in	8429
division (G) of this section, "county personnel department" means	8430
a county personnel department established by a board of county	8431
commissioners under division (G)(1) of this section.	8432

(2)(a) Each board of county commissioners, by a resolution	8433
adopted by a majority of its members, may designate the county	8434
personnel department of the county to exercise the powers, duties,	8435
and functions specified in sections 124.01 to 124.64 and Chapter	8436
325. of the Revised Code with regard to employees in the service	8437
of the county, except for the powers and duties of the state	8438
personnel board of review, which powers and duties shall not be	8439
construed as having been modified or diminished in any manner by	8440
division (G)(2) of this section, with respect to the employees for	8441
whom the board of county commissioners is the appointing authority	8442
or co-appointing authority.	8443

(b) Nothing in division (G)(2) of this section shall be	8444
construed to limit the right of any employee who possesses the	8445
right of appeal to the state personnel board of review to continue	8446
to possess that right of appeal.	8447

(c) Any board of county commissioners that has established a	8448
county personnel department may contract with the department of	8449
administrative services, in accordance with division (H) of this	8450
section, another political subdivision, or an appropriate public	8451
or private entity to provide competitive testing services or other	8452
appropriate services.	8453

(3) After the county personnel department of a county has	8454
been established as described in division (G)(2) of this section,	8455
any elected official, board, agency, or other appointing authority	8456
of that county, upon written notification to the county personnel	8457
department, may elect to use the services and facilities of the	8458
county personnel department. Upon receipt of the notification by	8459
the county personnel department, the county personnel department	8460
shall exercise the powers, duties, and functions as described in	8461
division (G)(2) of this section with respect to the employees of	8462
that elected official, board, agency, or other appointing	8463
authority.	8464

(4) Each board of county commissioners, by a resolution	8465
adopted by a majority of its members, may disband the county	8466
personnel department.	8467

(5) Any elected official, board, agency, or appointing	8468
authority of a county may end its involvement with a county	8469
personnel department upon actual receipt by the department of a	8470
certified copy of the notification that contains the decision to	8471
no longer participate.	8472

(6) A county personnel department, in carrying out its	8473
duties, shall adhere to merit system principles with regard to	8474
employees of county departments of job and family services, child	8475
support enforcement agencies, and public child welfare agencies so	8476
that there is no threatened loss of federal funding for these	8477
agencies, and the county is financially liable to the state for	8478
any loss of federal funds due to the action or inaction of the	8479
county personnel department.	8480

(H) County agencies may contract with the department of	8481
administrative services for any human resources services,	8482
including, but not limited to, establishment and modification of	8483
job classification plans, competitive testing services, and	8484
periodic audits and reviews of the county's uniform application of	8485
the powers, duties, and functions specified in sections 124.01 to	8486
124.64 and Chapter 325. of the Revised Code with regard to	8487
employees in the service of the county. Nothing in this division	8488
modifies the powers and duties of the state personnel board of	8489
review with respect to employees in the service of the county.	8490
Nothing in this division limits the right of any employee who	8491
possesses the right of appeal to the state personnel board of	8492
review to continue to possess that right of appeal.	8493

(I) The director of administrative services shall establish	8494
the rate and method of compensation for all employees who are paid	8495
directly by warrant of the director of budget and management and	8496
who are serving in positions that the director of administrative	8497
services has determined impracticable to include in the state job	8498
classification plan. This division does not apply to elected	8499
officials, legislative employees, employees of the legislative	8500
service commission, employees who are in the unclassified civil	8501
service and exempt from collective bargaining coverage in the	8502
office of the secretary of state, auditor of state, treasurer of	8503
state, and attorney general, employees of the courts, employees of	8504
the bureau of workers' compensation whose compensation the	8505
administrator of workers' compensation establishes under division	8506
(B) of section 4121.121 of the Revised Code, or employees of an	8507
appointing authority authorized by law to fix the compensation of	8508
those employees.	8509

(J) The director of administrative services shall set the	8510
rate of compensation for all intermittent, seasonal, temporary,	8511
emergency, and casual employees in the service of the state who	8512
are not considered public employees under section 4117.01 of the	8513
Revised Code. Those employees are not entitled to receive employee	8514
benefits. This rate of compensation shall be equitable in terms of	8515
the rate of employees serving in the same or similar	8516
classifications. This division does not apply to elected	8517
officials, legislative employees, employees of the legislative	8518
service commission, employees who are in the unclassified civil	8519
service and exempt from collective bargaining coverage in the	8520
office of the secretary of state, auditor of state, treasurer of	8521
state, and attorney general, employees of the courts, employees of	8522
the bureau of workers' compensation whose compensation the	8523
administrator establishes under division (B) of section 4121.121	8524
of the Revised Code, or employees of an appointing authority	8525
authorized by law to fix the compensation of those employees.	8526

Sec. 124.141. The director of administrative services may	8527
establish~~, by rule adopted under Chapter 119. of the Revised Code,~~	8528
an appointment incentive program that allows an appointing	8529
authority to pay to an officer or employee described in division	8530
(A)(30) of section 124.11, division (B)(2) of section 124.14, or	8531
division (B) of section 126.32 of the Revised Code a salary and	8532
benefits package that differs from the salary and benefits	8533
otherwise provided by law for that officer or employee, provided	8534
that the appointment incentive program established by the director	8535
cannot include authority for an appointing authority to provide	8536
health care benefits to a covered officer or employee that are	8537
different from health care benefits otherwise provided by law for	8538
that officer or employee.	8539

Sec. 124.15. (A) Board and commission members appointed	8540
prior to July 1, 1991, shall be paid a salary or wage in	8541
accordance with the following schedules of rates:	8542

Schedule B	8543

Pay Ranges and Step Values	8544

Range		Step 1	Step 2	Step 3	Step 4	8545
23	Hourly	5.72	5.91	6.10	6.31	8546
	Annually	11897.60	12292.80	12688.00	13124.80	8547
Step 5	Step 6				8548
	Hourly	6.52	6.75			8549
	Annually	13561.60	14040.00			8550
Step 1	Step 2	Step 3	Step 4		8551
24	Hourly	6.00	6.20	6.41	6.63	8552
	Annually	12480.00	12896.00	13332.80	13790.40	8553
Step 5	Step 6				8554
	Hourly	6.87	7.10			8555
	Annually	14289.60	14768.00			8556
Step 1	Step 2	Step 3	Step 4		8557
25	Hourly	6.31	6.52	6.75	6.99	8558
	Annually	13124.80	13561.60	14040.00	14539.20	8559
Step 5	Step 6				8560
	Hourly	7.23	7.41			8561
	Annually	15038.40	15412.80			8562
Step 1	Step 2	Step 3	Step 4		8563
26	Hourly	6.63	6.87	7.10	7.32	8564
	Annually	13790.40	14289.60	14768.00	15225.60	8565
Step 5	Step 6				8566
	Hourly	7.53	7.77			8567
	Annually	15662.40	16161.60			8568
Step 1	Step 2	Step 3	Step 4		8569
27	Hourly	6.99	7.23	7.41	7.64	8570
	Annually	14534.20	15038.40	15412.80	15891.20	8571
Step 5	Step 6	Step 7			8572
	Hourly	7.88	8.15	8.46		8573
	Annually	16390.40	16952.00	17596.80		8574
Step 1	Step 2	Step 3	Step 4		8575
28	Hourly	7.41	7.64	7.88	8.15	8576
	Annually	15412.80	15891.20	16390.40	16952.00	8577
Step 5	Step 6	Step 7			8578
	Hourly	8.46	8.79	9.15		8579
	Annually	17596.80	18283.20	19032.00		8580
Step 1	Step 2	Step 3	Step 4		8581
29	Hourly	7.88	8.15	8.46	8.79	8582
	Annually	16390.40	16952.00	17596.80	18283.20	8583
Step 5	Step 6	Step 7			8584
	Hourly	9.15	9.58	10.01		8585
	Annually	19032.00	19926.40	20820.80		8586
Step 1	Step 2	Step 3	Step 4		8587
30	Hourly	8.46	8.79	9.15	9.58	8588
	Annually	17596.80	18283.20	19032.00	19926.40	8589
Step 5	Step 6	Step 7			8590
	Hourly	10.01	10.46	10.99		8591
	Annually	20820.80	21756.80	22859.20		8592
Step 1	Step 2	Step 3	Step 4		8593
31	Hourly	9.15	9.58	10.01	10.46	8594
	Annually	19032.00	19962.40	20820.80	21756.80	8595
Step 5	Step 6	Step 7			8596
	Hourly	10.99	11.52	12.09		8597
	Annually	22859.20	23961.60	25147.20		8598
Step 1	Step 2	Step 3	Step 4		8599
32	Hourly	10.01	10.46	10.99	11.52	8600
	Annually	20820.80	21756.80	22859.20	23961.60	8601
Step 5	Step 6	Step 7	Step 8		8602
	Hourly	12.09	12.68	13.29	13.94	8603
	Annually	25147.20	26374.40	27643.20	28995.20	8604
Step 1	Step 2	Step 3	Step 4		8605
33	Hourly	10.99	11.52	12.09	12.68	8606
	Annually	22859.20	23961.60	25147.20	26374.40	8607
Step 5	Step 6	Step 7	Step 8		8608
	Hourly	13.29	13.94	14.63	15.35	8609
	Annually	27643.20	28995.20	30430.40	31928.00	8610
Step 1	Step 2	Step 3	Step 4		8611
34	Hourly	12.09	12.68	13.29	13.94	8612
	Annually	25147.20	26374.40	27643.20	28995.20	8613
Step 5	Step 6	Step 7	Step 8		8614
	Hourly	14.63	15.35	16.11	16.91	8615
	Annually	30430.40	31928.00	33508.80	35172.80	8616
Step 1	Step 2	Step 3	Step 4		8617
35	Hourly	13.29	13.94	14.63	15.35	8618
	Annually	27643.20	28995.20	30430.40	31928.00	8619
Step 5	Step 6	Step 7	Step 8		8620
	Hourly	16.11	16.91	17.73	18.62	8621
	Annually	33508.80	35172.80	36878.40	38729.60	8622
Step 1	Step 2	Step 3	Step 4		8623
36	Hourly	14.63	15.35	16.11	16.91	8624
	Annually	30430.40	31928.00	33508.80	35172.80	8625
Step 5	Step 6	Step 7	Step 8		8626
	Hourly	17.73	18.62	19.54	20.51	8627
	Annually	36878.40	38729.60	40643.20	42660.80	8628

Schedule C	8629

Pay Range and Values	8630

Range		Minimum	Maximum	8631
41 Hourly		10.44	15.72	8632
	Annually	21715.20	32697.60	8633
42 Hourly		11.51	17.35	8634
	Annually	23940.80	36088.00	8635
43 Hourly		12.68	19.12	8636
	Annually	26374.40	39769.60	8637
44 Hourly		13.99	20.87	8638
	Annually	29099.20	43409.60	8639
45 Hourly		15.44	22.80	8640
	Annually	32115.20	47424.00	8641
46 Hourly		17.01	24.90	8642
	Annually	35380.80	51792.00	8643
47 Hourly		18.75	27.18	8644
	Annually	39000.00	56534.40	8645
48 Hourly		20.67	29.69	8646
	Annually	42993.60	61755.20	8647
49 Hourly		22.80	32.06	8648
	Annually	47424.00	66684.80	8649

(B) The pay schedule of all employees shall be on a biweekly	8650
basis, with amounts computed on an hourly basis.	8651

(C) Part-time employees shall be compensated on an hourly	8652
basis for time worked, at the rates shown in division (A) of this	8653
section or in section 124.152 of the Revised Code.	8654

(D) The salary and wage rates in division (A) of this section	8655
or in section 124.152 of the Revised Code represent base rates of	8656
compensation and may be augmented by the provisions of section	8657
124.181 of the Revised Code. In those cases where lodging, meals,	8658
laundry, or other personal services are furnished an employee in	8659
the service of the state, the actual costs or fair market value of	8660
the personal services shall be paid by the employee in such	8661
amounts and manner as determined by the director of administrative	8662
services and approved by the director of budget and management,	8663
and those personal services shall not be considered as a part of	8664
the employee's compensation. An appointing authority that appoints	8665
employees in the service of the state, with the approval of the	8666
director of administrative services and the director of budget and	8667
management, may establish payments to employees for uniforms,	8668
tools, equipment, and other requirements of the department and	8669
payments for the maintenance of them.	8670

The director of administrative services may review collective	8671
bargaining agreements entered into under Chapter 4117. of the	8672
Revised Code that cover employees in the service of the state and	8673
determine whether certain benefits or payments provided to the	8674
employees covered by those agreements should also be provided to	8675
employees in the service of the state who are exempt from	8676
collective bargaining coverage and are paid in accordance with	8677
section 124.152 of the Revised Code or are listed in division	8678
(B)(2) or (4) of section 124.14 of the Revised Code. On completing	8679
the review, the director of administrative services, with the	8680
approval of the director of budget and management, may provide to	8681
some or all of these employees any payment or benefit, except for	8682
salary, contained in such a collective bargaining agreement even	8683
if it is similar to a payment or benefit already provided by law	8684
to some or all of these employees. Any payment or benefit so	8685
provided shall not exceed the highest level for that payment or	8686
benefit specified in such a collective bargaining agreement. The	8687
director of administrative services shall not provide, and the	8688
director of budget and management shall not approve, any payment	8689
or benefit to such an employee under this division unless the	8690
payment or benefit is provided pursuant to a collective bargaining	8691
agreement to a state employee who is in a position with similar	8692
duties as, is supervised by, or is employed by the same appointing	8693
authority as, the employee to whom the benefit or payment is to be	8694
provided.	8695

As used in this division, "payment or benefit already	8696
provided by law" includes, but is not limited to, bereavement,	8697
personal, vacation, administrative, and sick leave, disability	8698
benefits, holiday pay, and pay supplements provided under the	8699
Revised Code, but does not include wages or salary.	8700

(E) New employees paid in accordance with schedule B of	8701
division (A) of this section or schedule E-1 of section 124.152 of	8702
the Revised Code shall be employed at the minimum rate established	8703
for the range unless otherwise provided. Employees with	8704
qualifications that are beyond the minimum normally required for	8705
the position and that are determined by the director to be	8706
exceptional may be employed in, or may be transferred or promoted	8707
to, a position at an advanced step of the range. Further, in time	8708
of a serious labor market condition when it is relatively	8709
impossible to recruit employees at the minimum rate for a	8710
particular classification, the entrance rate may be set at an	8711
advanced step in the range by the director of administrative	8712
services. This rate may be limited to geographical regions of the	8713
state. Appointments made to an advanced step under the provision	8714
regarding exceptional qualifications shall not affect the step	8715
assignment of employees already serving. However, anytime the	8716
hiring rate of an entire classification is advanced to a higher	8717
step, all incumbents of that classification being paid at a step	8718
lower than that being used for hiring, shall be advanced beginning	8719
at the start of the first pay period thereafter to the new hiring	8720
rate, and any time accrued at the lower step will be used to	8721
calculate advancement to a succeeding step. If the hiring rate of	8722
a classification is increased for only a geographical region of	8723
the state, only incumbents who work in that geographical region	8724
shall be advanced to a higher step. When an employee in the	8725
unclassified service changes from one state position to another or	8726
is appointed to a position in the classified service, or if an	8727
employee in the classified service is appointed to a position in	8728
the unclassified service, the employee's salary or wage in the new	8729
position shall be determined in the same manner as if the employee	8730
were an employee in the classified service. When an employee in	8731
the unclassified service who is not eligible for step increases is	8732
appointed to a classification in the classified service under	8733
which step increases are provided, future step increases shall be	8734
based on the date on which the employee last received a pay	8735
increase. If the employee has not received an increase during the	8736
previous year, the date of the appointment to the classified	8737
service shall be used to determine the employee's annual step	8738
advancement eligibility date. In reassigning any employee to a	8739
classification resulting in a pay range increase or to a new pay	8740
range as a result of a promotion, an increase pay range	8741
adjustment, or other classification change resulting in a pay	8742
range increase, the director shall assign such employee to the	8743
step in the new pay range that will provide an increase of	8744
approximately four per cent if the new pay range can accommodate	8745
the increase. When an employee is being assigned to a	8746
classification or new pay range as the result of a class plan	8747
change, if the employee has completed a probationary period, the	8748
employee shall be placed in a step no lower than step two of the	8749
new pay range. If the employee has not completed a probationary	8750
period, the employee may be placed in step one of the new pay	8751
range. Such new salary or wage shall become effective on such date	8752
as the director determines.	8753

(F) If employment conditions and the urgency of the work	8754
require such action, the director of administrative services may,	8755
upon the application of a department head, authorize payment at	8756
any rate established within the range for the class of work, for	8757
work of a casual or intermittent nature or on a project basis.	8758
Payment at such rates shall not be made to the same individual for	8759
more than three calendar months in any one calendar year. Any such	8760
action shall be subject to the approval of the director of budget	8761
and management as to the availability of funds. This section and	8762
sections 124.14 and 124.152 of the Revised Code do not repeal any	8763
authority of any department or public official to contract with or	8764
fix the compensation of professional persons who may be employed	8765
temporarily for work of a casual nature or for work on a project	8766
basis.	8767

(G)(1) Except as provided in divisions (G)(2) and (3) of this	8768
section, each state employee paid in accordance with schedule B of	8769
this section or schedule E-1 of section 124.152 of the Revised	8770
Code shall be eligible for advancement to succeeding steps in the	8771
range for the employee's class or grade according to the schedule	8772
established in this division. Beginning on the first day of the	8773
pay period within which the employee completes the prescribed	8774
probationary period in the employee's classification with the	8775
state, each employee shall receive an automatic salary adjustment	8776
equivalent to the next higher step within the pay range for the	8777
employee's class or grade.	8778

Except as provided in divisions (G)(2) and (3) of this	8779
section, each employee paid in accordance with schedule E-1 of	8780
section 124.152 of the Revised Code shall be eligible to advance	8781
to the next higher step until the employee reaches the top step in	8782
the range for the employee's class or grade, if the employee has	8783
maintained satisfactory performance in accordance with criteria	8784
established by the employee's appointing authority. Those step	8785
advancements shall not occur more frequently than once in any	8786
twelve-month period.	8787

When an employee is promoted, the step entry date shall be	8788
set to account for a probationary period. When an employee is	8789
reassigned to a higher pay range, the step entry date shall be set	8790
to allow an employee who is not at the highest step of the range	8791
to receive a step advancement one year from the reassignment date.	8792
Step advancement shall not be affected by demotion. A promoted	8793
employee shall advance to the next higher step of the pay range on	8794
the first day of the pay period in which the required probationary	8795
period is completed. Step advancement shall become effective at	8796
the beginning of the pay period within which the employee attains	8797
the necessary length of service. Time spent on authorized leave of	8798
absence shall be counted for this purpose.	8799

If determined to be in the best interest of the state	8800
service, the director of administrative services may, either	8801
statewide or in selected agencies, adjust the dates on which	8802
annual step advancements are received by employees paid in	8803
accordance with schedule E-1 of section 124.152 of the Revised	8804
Code.	8805

(2)(a) There shall be a moratorium on annual step	8806
advancements under division (G)(1) of this section beginning June	8807
21, 2009, through June 20, 2011. Step advancements shall resume	8808
with the pay period beginning June 21, 2011. Upon the resumption	8809
of step advancements, there shall be no retroactive step	8810
advancements for the period the moratorium was in effect. The	8811
moratorium shall not affect an employee's performance evaluation	8812
schedule.	8813

An employee who begins a probationary period before June 21,	8814
2009, shall advance to the next step in the employee's pay range	8815
at the end of probation, and then become subject to the	8816
moratorium. An employee who is hired, promoted, or reassigned to a	8817
higher pay range between June 21, 2009, through June 20, 2011,	8818
shall not advance to the next step in the employee's pay range	8819
until the next anniversary of the employee's date of hire,	8820
promotion, or reassignment that occurs on or after June 21, 2011.	8821

(b) The moratorium under division (G)(2)(a) of this section	8822
shall apply to the employees of the secretary of state, the	8823
auditor of state, the treasurer of state, and the attorney	8824
general, who are subject to this section unless the secretary of	8825
state, the auditor of state, the treasurer of state, or the	8826
attorney general decides to exempt the office's employees from the	8827
moratorium and so notifies the director of administrative services	8828
in writing on or before July 1, 2009.	8829

(3) Employees in intermittent positions shall be employed at	8830
the minimum rate established for the pay range for their	8831
classification and are not eligible for step advancements.	8832

(H) Employees in appointive managerial or professional	8833
positions paid in accordance with schedule C of this section or	8834
schedule E-2 of section 124.152 of the Revised Code may be	8835
appointed at any rate within the appropriate pay range. This rate	8836
of pay may be adjusted higher or lower within the respective pay	8837
range at any time the appointing authority so desires as long as	8838
the adjustment is based on the employee's ability to successfully	8839
administer those duties assigned to the employee. Salary	8840
adjustments shall not be made more frequently than once in any	8841
six-month period under this provision to incumbents holding the	8842
same position and classification.	8843

(I) When an employee is assigned to duty outside this state,	8844
the employee may be compensated, upon request of the department	8845
head and with the approval of the director of administrative	8846
services, at a rate not to exceed fifty per cent in excess of the	8847
employee's current base rate for the period of time spent on that	8848
duty.	8849

(J) Unless compensation for members of a board or commission	8850
is otherwise specifically provided by law, the director of	8851
administrative services shall establish the rate and method of	8852
payment for members of boards and commissions pursuant to the pay	8853
schedules listed in section 124.152 of the Revised Code.	8854

(K) Regular full-time employees in positions assigned to	8855
classes within the instruction and education administration series	8856
under the rules of the director of administrative services, except	8857
certificated employees on the instructional staff of the state	8858
school for the blind or the state school for the deaf, whose	8859
positions are scheduled to work on the basis of an academic year	8860
rather than a full calendar year, shall be paid according to the	8861
pay range assigned by ~~such rules~~the director but only during	8862
those pay periods included in the academic year of the school	8863
where the employee is located.	8864

(1) Part-time or substitute teachers or those whose period of	8865
employment is other than the full academic year shall be	8866
compensated for the actual time worked at the rate established by	8867
this section.	8868

(2) Employees governed by this division are exempt from	8869
sections 124.13 and 124.19 of the Revised Code.	8870

(3) Length of service for the purpose of determining	8871
eligibility for step advancements as provided by division (G) of	8872
this section and for the purpose of determining eligibility for	8873
longevity pay supplements as provided by division (E) of section	8874
124.181 of the Revised Code shall be computed on the basis of one	8875
full year of service for the completion of each academic year.	8876

(L) The superintendent of the state school for the deaf and	8877
the superintendent of the state school for the blind shall,	8878
subject to the approval of the superintendent of public	8879
instruction, carry out both of the following:	8880

(1) Annually, between the first day of April and the last day	8881
of June, establish for the ensuing fiscal year a schedule of	8882
hourly rates for the compensation of each certificated employee on	8883
the instructional staff of that superintendent's respective school	8884
constructed as follows:	8885

(a) Determine for each level of training, experience, and	8886
other professional qualification for which an hourly rate is set	8887
forth in the current schedule, the per cent that rate is of the	8888
rate set forth in such schedule for a teacher with a bachelor's	8889
degree and no experience. If there is more than one such rate for	8890
such a teacher, the lowest rate shall be used to make the	8891
computation.	8892

(b) Determine which six city, local, and exempted village	8893
school districts with territory in Franklin county have in effect	8894
on, or have adopted by, the first day of April for the school year	8895
that begins on the ensuing first day of July, teacher salary	8896
schedules with the highest minimum salaries for a teacher with a	8897
bachelor's degree and no experience;	8898

(c) Divide the sum of such six highest minimum salaries by	8899
ten thousand five hundred sixty;	8900

(d) Multiply each per cent determined in division (L)(1)(a)	8901
of this section by the quotient obtained in division (L)(1)(c) of	8902
this section;	8903

(e) One hundred five per cent of each product thus obtained	8904
shall be the hourly rate for the corresponding level of training,	8905
experience, or other professional qualification in the schedule	8906
for the ensuing fiscal year.	8907

(2) Annually, assign each certificated employee on the	8908
instructional staff of the superintendent's respective school to	8909
an hourly rate on the schedule that is commensurate with the	8910
employee's training, experience, and other professional	8911
qualifications.	8912

If an employee is employed on the basis of an academic year,	8913
the employee's annual salary shall be calculated by multiplying	8914
the employee's assigned hourly rate times one thousand seven	8915
hundred sixty. If an employee is not employed on the basis of an	8916
academic year, the employee's annual salary shall be calculated in	8917
accordance with the following formula:	8918

(a) Multiply the number of days the employee is required to	8919
work pursuant to the employee's contract by eight;	8920

(b) Multiply the product of division (L)(2)(a) of this	8921
section by the employee's assigned hourly rate.	8922

Each employee shall be paid an annual salary in biweekly	8923
installments. The amount of each installment shall be calculated	8924
by dividing the employee's annual salary by the number of biweekly	8925
installments to be paid during the year.	8926

Sections 124.13 and 124.19 of the Revised Code do not apply	8927
to an employee who is paid under this division.	8928

As used in this division, "academic year" means the number of	8929
days in each school year that the schools are required to be open	8930
for instruction with pupils in attendance. Upon completing an	8931
academic year, an employee paid under this division shall be	8932
deemed to have completed one year of service. An employee paid	8933
under this division is eligible to receive a pay supplement under	8934
division (L)(1), (2), or (3) of section 124.181 of the Revised	8935
Code for which the employee qualifies, but is not eligible to	8936
receive a pay supplement under division (L)(4) or (5) of that	8937
section. An employee paid under this division is eligible to	8938
receive a pay supplement under division (L)(6) of section 124.181	8939
of the Revised Code for which the employee qualifies, except that	8940
the supplement is not limited to a maximum of five per cent of the	8941
employee's regular base salary in a calendar year.	8942

(M) Division (A) of this section does not apply to "exempt	8943
employees," as defined in section 124.152 of the Revised Code, who	8944
are paid under that section.	8945

Notwithstanding any other provisions of this chapter, when an	8946
employee transfers between bargaining units or transfers out of or	8947
into a bargaining unit, the director of administrative services	8948
shall establish the employee's compensation and adjust the maximum	8949
leave accrual schedule as the director deems equitable.	8950

Sec. 124.18. (A) Forty hours shall be the standard work week	8951
for all employees whose salary or wage is paid in whole or in part	8952
by the state or by any state-supported college or university. When	8953
any employee whose salary or wage is paid in whole or in part by	8954
the state or by any state-supported college or university is	8955
required by an authorized administrative authority to be in an	8956
active pay status more than forty hours in any calendar week, the	8957
employee shall be compensated for such time over forty hours,	8958
except as otherwise provided in this section, at one and one-half	8959
times the employee's regular rate of pay. The use of sick leave or	8960
any leave used in lieu of sick leave shall not be considered to be	8961
active pay status for the purposes of earning overtime or	8962
compensatory time by employees whose wages are paid directly by	8963
warrant of the director of budget and management. A flexible-hours	8964
employee is not entitled to compensation for overtime work unless	8965
the employee's authorized administrative authority required the	8966
employee to be in active pay status for more than forty hours in a	8967
calendar week, regardless of the number of hours the employee	8968
works on any day in the same calendar week.	8969

Such compensation for overtime work shall be paid no later	8970
than at the conclusion of the next succeeding pay period.	8971

If the employee elects to take compensatory time off in lieu	8972
of overtime pay for any overtime worked, such compensatory time	8973
shall be granted by the employee's administrative superior, on a	8974
time and one-half basis, at a time mutually convenient to the	8975
employee and the administrative superior. Compensatory time is not	8976
available for use until it appears on the employee's earning	8977
statement and the compensation described in the earning statement	8978
is available to the employee.	8979

An employee may accrue compensatory time to a maximum of two	8980
hundred forty hours, except that public safety employees and other	8981
employees who meet the criteria established in the "Federal Fair	8982
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,	8983
as amended, may accrue a maximum of four hundred eighty hours of	8984
compensatory time. An employee shall be paid at the employee's	8985
regular rate of pay for any hours of compensatory time accrued in	8986
excess of these maximum amounts if the employee has not used the	8987
compensatory time within three hundred sixty-five days after it is	8988
granted, if the employee transfers to another agency of the state,	8989
or if a change in the employee's status exempts the employee from	8990
the payment of overtime compensation. Upon the termination of	8991
employment, any employee with accrued but unused compensatory time	8992
shall be paid for that time at a rate that is the greater of the	8993
employee's final regular rate of pay or the employee's average	8994
regular rate of pay during the employee's last three years of	8995
employment with the state.	8996

No overtime, as described in this section, can be paid unless	8997
it has been authorized by the authorized administrative authority.	8998
Employees may be exempted from the payment of compensation as	8999
required by this section only under the criteria for exemption	9000
from the payment of overtime compensation established in the	9001
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	9002
U.S.C.A. 207, 213, as amended. With the approval of the director	9003
of administrative services, the appointing authority may establish	9004
a policy to grant compensatory time or to pay compensation to	9005
~~state~~ employees in the service of the state who are exempt from	9006
overtime compensation. With the approval of the board of county	9007
commissioners, a county human services department may establish a	9008
policy to grant compensatory time or to pay compensation to	9009
employees of the department who are exempt from overtime	9010
compensation.	9011

(B)(1) An employee, whose salary or wage is paid in whole or	9012
in part by the state, shall be paid for the holidays declared in	9013
section 124.19 of the Revised Code and shall not be required to	9014
work on those holidays, unless, in the opinion of the employee's	9015
responsible administrative authority, failure to work on those	9016
holidays would impair the public service.	9017

(2) An employee paid directly by warrant of the director of	9018
budget and management who is scheduled to work on the first day of	9019
January, the commemoration of memorial day, the fourth day of	9020
July, the fourth Thursday in November, or the twenty-fifth day of	9021
December and who does not report to work the day before, the day	9022
of, or the day after the holiday due to an illness of the employee	9023
or of a member of the employee's immediate family shall not	9024
receive holiday pay as provided by this division, unless the	9025
employee can provide documentation of extenuating circumstances	9026
that prohibited the employee from so reporting to work. If the	9027
employee works a shift between the employee's scheduled shift and	9028
the holiday, the employee shall be paid for the holiday.	9029

(3) An employee also shall not be paid for a holiday unless	9030
the employee was in active pay status on the scheduled work day	9031
immediately preceding the holiday, except that an employee need	9032
not be in active pay status on that work day in order to be paid	9033
for the holiday if the employee is participating in a mandatory or	9034
voluntary cost savings day under section 124.392 of the Revised	9035
Code.	9036

(4) If any of the holidays declared in section 124.19 of the	9037
Revised Code falls on Saturday, the Friday immediately preceding	9038
shall be observed as the holiday. If any of the holidays declared	9039
in section 124.19 of the Revised Code falls on Sunday, the Monday	9040
immediately succeeding shall be observed as the holiday. Employees	9041
whose work schedules are based on the requirements of a	9042
seven-days-a-week work operation shall observe holidays on the	9043
actual days specified in section 124.19 of the Revised Code.	9044

(5) If an employee's work schedule is other than Monday	9045
through Friday, the employee shall be entitled to eight hours of	9046
holiday pay for holidays observed on the employee's day off	9047
regardless of the day of the week on which they are observed.	9048

(6) A full-time permanent employee is entitled to a minimum	9049
of eight hours of pay for each holiday regardless of the	9050
employee's work shift and work schedule. A flexible-hours	9051
employee, who is normally scheduled to work in excess of eight	9052
hours on a day on which a holiday falls, either shall be required	9053
to work an alternate schedule for that week or shall receive	9054
additional holiday pay for the hours the employee is normally	9055
scheduled to work. Such an alternate schedule may require a	9056
flexible-hours employee to work five shifts consisting of eight	9057
hours each during the week including the holiday, and, in that	9058
case, the employee shall receive eight hours of holiday pay for	9059
the day the holiday is observed.	9060

(7) Except as provided under section 124.392 of the Revised	9061
Code, part-time permanent employees shall receive four hours of	9062
holiday pay regardless of the employee's work shift and work	9063
schedule.	9064

(8) When an employee who is eligible for overtime pay under	9065
this section is required by the employee's responsible	9066
administrative authority to work on the day observed as a holiday,	9067
the employee shall be entitled to pay for such time worked at one	9068
and one-half times the employee's regular rate of pay in addition	9069
to the employee's regular pay, or to be granted compensatory time	9070
off at time and one-half thereafter, at the employee's option.	9071
Payment at such rate shall be excluded in the calculation of hours	9072
in active pay status.	9073

(C) Each appointing authority may designate the number of	9074
employees in an agency who are flexible-hours employees. The	9075
appointing authority may establish for each flexible-hours	9076
employee a specified minimum number of hours to be worked each day	9077
that is consistent with the "Federal Fair Labor Standards Act of	9078
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.	9079

(D) This section shall be uniformly administered for	9080
employees as defined in section 124.01 of the Revised Code and by	9081
the personnel departments of state-supported colleges and	9082
universities for employees of state-supported colleges and	9083
universities. If employees are not paid directly by warrant of the	9084
director of budget and management, the political subdivision shall	9085
determine whether the use of sick leave shall be considered to be	9086
active pay status for purposes of those employees earning overtime	9087
or compensatory time.	9088

(E) Policies relating to the payment of overtime pay or the	9089
granting of compensatory time off shall be adopted by the chief	9090
administrative officer of the house of representatives for	9091
employees of the house of representatives, by the clerk of the	9092
senate for employees of the senate, and by the director of the	9093
legislative service commission for all other legislative	9094
employees.	9095

(F) As used in this section, "regular rate of pay" means the	9096
base rate of pay an employee receives plus any pay supplements	9097
received pursuant to section 124.181 of the Revised Code.	9098

Sec. 124.30. (A) Classified positions in the civil service	9099
may be filled without competition as follows:	9100

(1) Whenever there are urgent reasons for filling a vacancy	9101
in any position in the classified civil service and the director	9102
of administrative services is unable to certify to the appointing	9103
authority, upon its request, a list of persons eligible for	9104
appointment to the position after a competitive examination, the	9105
appointing authority may fill the position by noncompetitive	9106
examination.	9107

A temporary appointment may be made without regard to the	9108
rules of sections 124.01 to 124.64 of the Revised Code. Except as	9109
otherwise provided in this division, the temporary appointment may	9110
not continue longer than one hundred twenty days, and in no case	9111
shall successive temporary appointments be made. A temporary	9112
appointment longer than one hundred twenty days may be made if	9113
necessary by reason of sickness, disability, or other approved	9114
leave of absence of regular officers or employees, in which case	9115
it may continue during the period of sickness, disability, or	9116
other approved leave of absence, subject to the rules of the	9117
director.	9118

(2) In case of a vacancy in a position in the classified	9119
civil service where peculiar and exceptional qualifications of a	9120
scientific, managerial, professional, or educational character are	9121
required, and upon satisfactory evidence that for specified	9122
reasons competition in this special case is impracticable and that	9123
the position can best be filled by a selection of some designated	9124
person of high and recognized attainments in those qualities, the	9125
director may suspend the provisions of sections 124.01 to 124.64	9126
of the Revised Code that require competition in this special case,	9127
but no suspension shall be general in its application. All such	9128
cases of suspension shall be reported in the annual report of the	9129
director with the reasons for each suspension. The director shall	9130
suspend the provisions when ~~the~~either of the following applies:	9131

(a) The director of job and family services provides the	9132
certification under section 5101.051 of the Revised Code that a	9133
position with the department of job and family services can best	9134
be filled if the provisions are suspended;	9135

(b) The medicaid director provides the certification under	9136
section 5160.051 of the Revised Code that a position with the	9137
department of medicaid can best be filled if the provisions are	9138
suspended.	9139

(3) The acceptance or refusal by an eligible person of a	9140
temporary appointment shall not affect the person's standing on	9141
the eligible list for permanent appointment, nor shall the period	9142
of temporary service be counted as a part of the probationary	9143
service in case of subsequent appointment to a permanent position.	9144

(B) Persons who receive temporary or intermittent	9145
appointments are in the unclassified civil service and serve at	9146
the pleasure of their appointing authority.	9147

Sec. 124.341. (A) If an employee in the classified or	9148
unclassified civil service becomes aware in the course of	9149
employment of a violation of state or federal statutes, rules, or	9150
regulations or the misuse of public resources, and the employee's	9151
supervisor or appointing authority has authority to correct the	9152
violation or misuse, the employee may file a written report	9153
identifying the violation or misuse with the supervisor or	9154
appointing authority. In addition to or instead of filing a	9155
written report with the supervisor or appointing authority, the	9156
employee may file a written report with the office of internal	9157
~~auditing~~audit created under section 126.45 of the Revised Code or	9158
file a complaint with the auditor of state's fraud-reporting	9159
system under section 117.103 of the Revised Code.	9160

If the employee reasonably believes that a violation or	9161
misuse of public resources is a criminal offense, the employee, in	9162
addition to or instead of filing a written report or complaint	9163
with the supervisor, appointing authority, the office of internal	9164
~~auditing~~audit, or the auditor of state's fraud-reporting system,	9165
may report it to a prosecuting attorney, director of law, village	9166
solicitor, or similar chief legal officer of a municipal	9167
corporation, to a peace officer, as defined in section 2935.01 of	9168
the Revised Code, or, if the violation or misuse of public	9169
resources is within the jurisdiction of the inspector general, to	9170
the inspector general in accordance with section 121.46 of the	9171
Revised Code. In addition to that report, if the employee	9172
reasonably believes the violation or misuse is also a violation of	9173
Chapter 102., section 2921.42, or section 2921.43 of the Revised	9174
Code, the employee may report it to the appropriate ethics	9175
commission.	9176

(B) Except as otherwise provided in division (C) of this	9177
section, no officer or employee in the classified or unclassified	9178
civil service shall take any disciplinary action against an	9179
employee in the classified or unclassified civil service for	9180
making any report or filing a complaint as authorized by division	9181
(A) of this section, including, without limitation, doing any of	9182
the following:	9183

(1) Removing or suspending the employee from employment;

9184

(2) Withholding from the employee salary increases or	9185
employee benefits to which the employee is otherwise entitled;	9186

(3) Transferring or reassigning the employee;

9187

(4) Denying the employee promotion that otherwise would have	9188
been received;	9189

(5) Reducing the employee in pay or position.

9190

(C) An employee in the classified or unclassified civil	9191
service shall make a reasonable effort to determine the accuracy	9192
of any information reported under division (A) of this section.	9193
The employee is subject to disciplinary action, including	9194
suspension or removal, as determined by the employee's appointing	9195
authority, for purposely, knowingly, or recklessly reporting false	9196
information under division (A) of this section.	9197

(D) If an appointing authority takes any disciplinary or	9198
retaliatory action against a classified or unclassified employee	9199
as a result of the employee's having filed a report or complaint	9200
under division (A) of this section, the employee's sole and	9201
exclusive remedy, notwithstanding any other provision of law, is	9202
to file an appeal with the state personnel board of review within	9203
thirty days after receiving actual notice of the appointing	9204
authority's action. If the employee files such an appeal, the	9205
board shall immediately notify the employee's appointing authority	9206
and shall hear the appeal. The board may affirm or disaffirm the	9207
action of the appointing authority or may issue any other order as	9208
is appropriate. The order of the board is appealable in accordance	9209
with Chapter 119. of the Revised Code.	9210

(E) As used in this section:

9211

(1) "Purposely," "knowingly," and "recklessly" have the same	9212
meanings as in section 2901.22 of the Revised Code.	9213

(2) "Appropriate ethics commission" has the same meaning as	9214
in section 102.01 of the Revised Code.	9215

(3) "Inspector general" means the inspector general appointed	9216
under section 121.48 of the Revised Code.	9217

Sec. 124.381. (A)(1)(a) An employee in the service of the	9218
state may be eligible to receive salary continuation not to exceed	9219
four hundred eighty hours at the employee's total rate of pay for	9220
absence as a result of injury incurred during the performance of,	9221
or arising out of, state employment. When an eligible employee's	9222
absence as a result of such an injury extends beyond four hundred	9223
eighty hours, the employee immediately becomes subject to sections	9224
124.382 and 124.385 of the Revised Code regarding sick leave and	9225
disability leave benefits.	9226

An employee is ineligible to receive salary continuation	9227
until the date of implementation is established in the rules	9228
adopted under division (C)(1) of this section.	9229

(b) Employees of the secretary of state, auditor of state,	9230
treasurer of state, attorney general, supreme court, general	9231
assembly, or legislative service commission are not subject to	9232
division (A)(1)(a) of this section unless the relevant appointing	9233
authority notifies the director of administrative services in	9234
writing of the intent to have all of the appointing authority's	9235
employees participate in salary continuation. The relevant	9236
appointing authority also may discontinue salary continuation for	9237
all of its employees by providing written notice of the	9238
discontinuation to the director.	9239

Participation in salary continuation is subject to rules	9240
adopted under division (C)(1) of this section.	9241

(2) Each employee of the department of rehabilitation and	9242
correction, the department of ~~mental health~~mental health and	9243
addiction services, the department of developmental disabilities,	9244
the department of veterans services, or the Ohio schools for the	9245
deaf and blind, and each employee of the department of youth	9246
services as established in division (A) of section 124.14 of the	9247
Revised Code who sustains a qualifying physical condition	9248
inflicted by a ward of these agencies during the time the employee	9249
is lawfully carrying out the assigned duties of the employee's	9250
position shall be paid occupational injury leave at the employee's	9251
total rate of pay during the period the employee is disabled as a	9252
result of that qualifying physical condition, but in no case to	9253
exceed nine hundred sixty hours, in lieu of workers' compensation.	9254
Pay made according to this division shall not be charged to the	9255
employee's accumulation of sick leave credit. In any case when an	9256
employee's disability as a result of such a qualifying physical	9257
condition extends beyond nine hundred sixty hours, the employee	9258
immediately becomes subject to sections 124.382 and 124.385 of the	9259
Revised Code regarding sick leave and disability leave benefits.	9260

(B) An employee who is receiving salary continuation or	9261
occupational injury leave under division (A)(1) or (2) of this	9262
section is not eligible for other paid leave, including holiday	9263
pay, while receiving benefits under either division. While an	9264
employee is receiving salary continuation or occupational injury	9265
leave under division (A)(1) or (2) of this section, vacation leave	9266
credit ceases to accrue to the employee under section 124.134 of	9267
the Revised Code, but sick leave credit and personal leave credit	9268
continue to accrue to the employee under sections 124.382 and	9269
124.386 of the Revised Code.	9270

(C)(1) The director of administrative services shall adopt	9271
rules for the administration of both the salary continuation	9272
program and the occupational injury leave program. The rules shall	9273
include, but not be limited to, provisions for determining a	9274
disability, for filing a claim for leave under this section, and	9275
for allowing or denying claims for the leave.	9276

(2) The director also may adopt rules for the payment of	9277
health benefits while an employee is on workers' compensation	9278
leave.	9279

(D) An appointing authority may apply to the director of	9280
administrative services to grant salary continuation under	9281
division (A)(1) of this section or occupational injury leave under	9282
division (A)(2) of this section to law enforcement personnel	9283
employed by the agency.	9284

Sec. 125.05. Except as provided in division (F) of this	9285
section, no state agency shall purchase any supplies or services	9286
except as provided in divisions (A) to (D) of this section.	9287

(A) Subject to division (E) of this section, a state agency	9288
may, without competitive selection, make any purchase of supplies	9289
or services that cost twenty-five thousand dollars or less. The	9290
agency may make the purchase directly or may make the purchase	9291
from or through the department of administrative services,	9292
whichever the agency determines. The agency shall adopt written	9293
procedures consistent with the department's purchasing procedures	9294
and shall use those procedures when making purchases under this	9295
division.	9296

(B) Subject to division (E) of this section and in accordance	9297
with section 125.051 of the Revised Code, a state agency may make	9298
purchases of supplies and services that cost more than twenty-five	9299
thousand dollars but less than fifty thousand dollars if the	9300
purchases are made under the direction of an employee of the	9301
agency who is certified by the department to make purchases and if	9302
the purchases comply with the department's purchasing procedures.	9303
Section 127.16 of the Revised Code does not apply to purchases	9304
made under this division. Until the certification effective date	9305
established by the department in rules adopted under section	9306
125.051 of the Revised Code, state agencies may make purchases of	9307
supplies and services that cost more than twenty-five thousand	9308
dollars but less than fifty thousand dollars in the same manner as	9309
provided in division (A) of this section.	9310

(C) Subject to division (E) of this section, a state agency	9311
wanting to purchase supplies or services that cost more than	9312
twenty-five thousand dollars shall, unless otherwise authorized by	9313
law, make the purchase from or through the department. The	9314
department shall make the purchase by competitive selection. If	9315
the director of administrative services determines that it is not	9316
possible or not advantageous to the state for the department to	9317
make the purchase, the department shall grant the agency a release	9318
and permit under section 125.06 of the Revised Code to make the	9319
purchase. Section 127.16 of the Revised Code does not apply to	9320
purchases the department makes under this section.	9321

(D) An agency that has been granted a release and permit to	9322
make a purchase may make the purchase without competitive	9323
selection if after making the purchase the cumulative purchase	9324
threshold as computed under division (E) of section 127.16 of the	9325
Revised Code would:	9326

(1) Be exceeded and the controlling board approves the	9327
purchase;	9328

(2) Not be exceeded and the department of administrative	9329
services approves the purchase.	9330

(E) Not later than the thirty-first day of January of each	9331
even-numbered year, the directors of administrative services and	9332
budget and management shall review and recommend to the general	9333
assembly, if necessary, adjustments to the amounts specified in	9334
divisions (A) to (C) of this section and division (B) of section	9335
127.16 of the Revised Code.	9336

(F) If ~~the eTech Ohio commission,~~ the department of	9337
education, or the Ohio education computer network determines that	9338
it can purchase software services or supplies for specified school	9339
districts at a price less than the price for which the districts	9340
could purchase the same software services or supplies for	9341
themselves, the ~~commission,~~ department, or network shall certify	9342
that fact to the department of administrative services and, acting	9343
as an agent for the specified school districts, shall make that	9344
purchase without following the provisions in divisions (A) to (D)	9345
of this section.	9346

Sec. 125.21. The director of administrative services shall	9347
process payroll information for the purpose of payment for	9348
personal services of state officials and employees on the basis of	9349
rates of pay determined by pertinent law, the director, or other	9350
competent authority.	9351

Calculation of payrolls may be made after the conclusion of	9352
each pay period based upon the amount of time served as certified	9353
by the appropriate appointing authority. Payment for personal	9354
service rendered by an official or employee during any pay period	9355
shall be made no later than at the conclusion of the official's or	9356
employee's next succeeding pay period.	9357

The director of administrative services shall furnish to the	9358
director of budget and management all necessary data for drawing	9359
state official and employee pay warrants and preparing earning	9360
statements. These data shall include the rate at which paid; the	9361
time for which paid, including overtime and any other adjustments	9362
affecting the official's or employee's gross pay; all taxes	9363
withheld, including, whenever practicable, year-to-date figures on	9364
all taxes withheld; the amount of contribution to the appropriate	9365
retirement system; any voluntary deductions made in accordance	9366
with authorizations filed by the official or employee; and whether	9367
a direct deposit is to be made in accordance with an authorization	9368
filed by the official or employee.	9369

Amounts deducted from the salaries or wages of all officials	9370
and employees shall be transferred to the payroll ~~withholding~~	9371
deduction fund, which is hereby created in the state treasury for	9372
the purpose of consolidating all such deductions made in any	9373
month. Payments from this fund shall be made at intervals for the	9374
intended purpose of the deduction or for refund where it is	9375
determined that deductions were made in error.	9376

Sec. 125.212. The life insurance investment fund is hereby	9377
created in the state treasury. The fund shall consist of amounts	9378
from ~~the payroll withholding fund created by section 125.21 of~~	9379
~~the Revised Code~~state agencies, life insurance premium refunds	9380
received by the state, and other receipts related to the state's	9381
life insurance benefit program. The fund shall be used to pay the	9382
costs of the state's life insurance benefit program. All	9383
investment earnings of the life insurance investment fund shall be	9384
credited to the fund.	9385

Sec. 125.27. (A) There is hereby created in the state	9386
treasury the building improvement fund. The fund shall retain the	9387
interest earned.	9388

(B) The fund shall consist of any payments made by intrastate	9389
transfer voucher from the appropriation item for office building	9390
operating payments.	9391

(C) The fund shall be used for major maintenance or	9392
improvements required in the James A. Rhodes or Frank J. Lausche	9393
state office tower, Toledo government center, Senator Oliver R.	9394
Ocasek government office building, and Vern Riffe center for	9395
government and the arts.	9396

Sec. 125.28. (A)(1) Each state agency that is supported in	9397
whole or in part by nongeneral revenue fund money and that	9398
occupies space in the James A. Rhodes or Frank J. Lausche state	9399
office tower, Toledo government center, Senator Oliver R. Ocasek	9400
government office building, Vern Riffe center for government and	9401
the arts, capitol square, or governor's mansion shall reimburse	9402
the general revenue fund for the cost of occupying the space in	9403
the ratio that the occupied space in each facility attributable to	9404
the nongeneral revenue fund money bears to the total space	9405
occupied by the state agency in the facility.	9406

(2) All agencies that occupy space in the old blind school or	9407
that occupy warehouse space in the general services facility shall	9408
reimburse the department of administrative services for the cost	9409
of occupying the space. The director of administrative services	9410
shall determine the amount of debt service, if any, to be charged	9411
to building tenants and shall collect reimbursements for it.	9412

(3) Each agency that is supported in whole or in part by	9413
nongeneral revenue fund money and that occupies space in any other	9414
facility or facilities owned and maintained by the department of	9415
administrative services or space in the general services facility	9416
other than warehouse space shall reimburse the department for the	9417
cost of occupying the space, including debt service, if any, in	9418
the ratio that the occupied space in each facility attributable to	9419
the nongeneral revenue fund money bears to the total space	9420
occupied by the state agency in the facility.	9421

(B) The director of administrative services may provide	9422
building maintenance services and ~~skilled trades~~minor	9423
construction project management services to any state agency	9424
~~occupying space in a facility that is not owned by the department~~	9425
~~of administrative services~~ and may collect reimbursements for the	9426
cost of providing those services.	9427

(C) All money collected by the department of administrative	9428
services for operating expenses of facilities owned or maintained	9429
by the department shall be deposited into the state treasury to	9430
the credit of the building management fund, which is hereby	9431
created, or to the credit of the building operation fund, which is	9432
hereby created. All money collected by the department for ~~skilled~~	9433
~~trades~~minor construction project management services shall be	9434
deposited into the state treasury to the credit of the ~~skilled~~	9435
~~trades~~minor construction project management fund, which is hereby	9436
created. All money collected for debt service shall be deposited	9437
into the general revenue fund.	9438

(D) The director of administrative services shall determine	9439
the reimbursable cost of space in state-owned or state-leased	9440
facilities and shall collect reimbursements for that cost.	9441

Sec. 125.602. (A) The department of developmental	9442
disabilities, the department of ~~mental health~~mental health and	9443
addiction services, the department of job and family services, the	9444
~~rehabilitation services commission~~opportunities for Ohioans with	9445
disabilities agency, and any other state or governmental agency or	9446
community rehabilitation program responsible for the provision of	9447
rehabilitation and vocational educational services to persons with	9448
work-limiting disabilities may, through written agreement,	9449
cooperate in providing resources to the department of	9450
administrative services for the operation of the office of	9451
procurement from community rehabilitation programs. These	9452
resources may include, but are not limited to, leadership and	9453
assistance in dealing with the societal aspects of meeting the	9454
needs of persons with work-limiting disabilities.	9455

(B) The office and all governmental entities that administer	9456
socioeconomic programs may enter into contractual agreements,	9457
cooperative working relationships, or other arrangements that are	9458
necessary for effective coordination and realization of the	9459
objectives of these entities.	9460

Sec. 125.603. (A) The office of procurement from community	9461
rehabilitation programs shall do the following in addition to	9462
other duties specified in sections 125.60 to 125.6012 of the	9463
Revised Code:	9464

(1) Establish, maintain, and periodically update a	9465
procurement list of approved supplies and services available from	9466
qualified nonprofit agencies;	9467

(2) Monitor the procurement practices of government ordering	9468
offices to ensure compliance with sections 125.60 to 125.6012 of	9469
the Revised Code;	9470

(3) In cooperation with qualified nonprofit agencies,	9471
government ordering offices, the department of developmental	9472
disabilities, the department of ~~mental health~~mental health and	9473
addiction services, the department of job and family services, and	9474
the ~~rehabilitation services commission~~opportunities for Ohioans	9475
with disabilities agency, develop and recommend to the director of	9476
administrative services rules the director shall adopt in	9477
accordance with Chapter 119. of the Revised Code for the effective	9478
and efficient administration of sections 125.60 to 125.6012 of the	9479
Revised Code;	9480

(4) Prepare a report of its activities by the last day of	9481
December of each year. The report shall be posted electronically	9482
on the office's web site.	9483

(B) The office of procurement from community rehabilitation	9484
programs may enter into contractual agreements and establish pilot	9485
programs to further the objectives of sections 125.60 to 125.6012	9486
of the Revised Code.	9487

Sec. 125.832. (A) The department of administrative services	9488
is granted exclusive authority over the acquisition and management	9489
of all motor vehicles used by state agencies. In carrying out this	9490
authority, the department shall do both of the following:	9491

(1) Approve the purchase or lease of each motor vehicle for	9492
use by a state agency. The department shall decide if a motor	9493
vehicle shall be leased or purchased for that use.	9494

Except as otherwise provided in division (A)(1) of this	9495
section, on and after July 1, 2005, each state agency shall	9496
acquire all passenger motor vehicles under the department's master	9497
leasing program. If the department determines that acquisition	9498
under that program is not the most economical method and if the	9499
department and the state agency acquiring the passenger motor	9500
vehicle can provide economic justification for doing so, the	9501
department may approve the purchase, rather than the lease, of a	9502
passenger motor vehicle for the acquiring state agency.	9503

(2) Direct and approve all funds that are expended for the	9504
purchase, lease, repair, maintenance, registration, insuring, and	9505
other costs related to the possession and operation of motor	9506
vehicles for the use of state agencies.	9507

(B) The director of administrative services shall establish	9508
and operate a fleet management program. The director shall operate	9509
the program for purposes including, but not limited to,	9510
cost-effective acquisition, maintenance, management, analysis, and	9511
disposal of all motor vehicles owned or leased by the state. All	9512
state agencies shall comply with statewide fleet management	9513
policies and procedures established by the director for the	9514
program, including, but not limited to, motor vehicle assignments,	9515
additions of motor vehicles to fleets or motor vehicle	9516
replacements, motor vehicle fueling, and motor vehicle repairs.	9517

(C) The director shall establish and maintain a fleet	9518
reporting system and shall require state agencies to submit to the	9519
department information relative to state motor vehicles, including	9520
motor vehicles described in division (G)(2) of section 125.831 of	9521
the Revised Code, to be used in operating the fleet management	9522
program. State agencies shall provide to the department fleet data	9523
and other information, including, but not limited to, mileage and	9524
costs. The data and other information shall be submitted in	9525
formats and in a manner determined by the department.	9526

(D) All state agency purchases or leases of motor vehicles	9527
are subject to the prior approval of the director under division	9528
(A)(1) of this section.	9529

(E) State agencies that utilize state motor vehicles or pay	9530
mileage reimbursements to employees shall provide a fleet plan to	9531
the department as directed by the department.	9532

(F)(1) The fleets of state agencies that consist of one	9533
hundred or less vehicles on July 1, 2004, shall be managed by the	9534
department's fleet management program on a time schedule	9535
determined by the department, unless the state agency has received	9536
delegated authority as described in division (G) of this section.	9537

(2) The fleets of state agencies that consist of greater than	9538
one hundred motor vehicles, but less than five hundred motor	9539
vehicles, on July 1, 2005, also shall be managed by the	9540
department's fleet management program on a time schedule	9541
determined by the department, unless the state agency has received	9542
delegated authority as described in division (G) of this section.	9543

(G)(1) The department may delegate any or all of its duties	9544
regarding fleet management to a state agency, if the state agency	9545
demonstrates to the satisfaction of the department both of the	9546
following:	9547

(a) Capabilities to institute and manage a fleet management	9548
program, including, but not limited to, the presence of a	9549
certified fleet manager;	9550

(b) Fleet management performance, as demonstrated by fleet	9551
data and other information submitted pursuant to annual reporting	9552
requirements and any other criteria the department considers	9553
necessary in evaluating the performance.	9554

(2) The department may determine that a state agency is not	9555
in compliance with this section and direct that the agency's fleet	9556
management duties be transferred to the department.	9557

(H) The proceeds derived from the disposition of any motor	9558
vehicles under this section shall be paid to whichever of the	9559
following applies:	9560

(1) The fund that originally provided moneys for the purchase	9561
or lease of the motor vehicles;	9562

(2) If the motor vehicles were originally purchased with	9563
moneys derived from the general revenue fund, the proceeds shall	9564
be deposited, in the director's discretion, into the state	9565
treasury to the credit of either the fleet management fund created	9566
by section 125.83 of the Revised Code or the investment recovery	9567
fund created by section 125.14 of the Revised Code.	9568

(I)(1) The department shall create and maintain a certified	9569
fleet manager program.	9570

(2) State agencies that have received delegated authority as	9571
described in division (G) of this section shall have a certified	9572
fleet manager.	9573

(J) The department annually shall prepare and submit a	9574
statewide fleet report to the governor, the speaker of the house	9575
of representatives, and the president of the senate. The report	9576
shall be submitted not later than the thirty-first day of January	9577
following the end of each fiscal year. It may include, but is not	9578
limited to, the numbers and types of motor vehicles, their	9579
mileage, miles per gallon, and cost per mile, mileage	9580
reimbursements, accident and insurance data, and information	9581
regarding compliance by state agencies having delegated authority	9582
under division (G) of this section with applicable fleet	9583
management requirements.	9584

(K) The director shall adopt rules for implementing the fleet	9585
management program that are consistent with recognized best	9586
practices. The program shall be supported by reasonable fee	9587
charges for the services provided. The director shall collect	9588
these fees and deposit them into the state treasury to the credit	9589
for the fleet management fund created by section 125.83 of the	9590
Revised Code. The setting and collection of fees under this	9591
division is not subject to any restriction imposed by law upon the	9592
director's or the department's authority to set or collect fees.	9593

(L) The director also shall adopt rules that prohibit, except	9594
in very limited circumstances, the exclusive assignment of	9595
state-owned, leased, or pooled motor vehicles to state employees	9596
and that prohibit the reimbursement under section 126.31 of the	9597
Revised Code of state employees who use their own motor vehicles	9598
for any mileage they incur above an amount that the department	9599
shall determine annually unless reimbursement for the excess	9600
mileage is approved by the department in accordance with standards	9601
for that approval the director shall establish in those rules.	9602
Beginning on September 26, 2003, no state-owned, leased, or pooled	9603
motor vehicle shall be personally assigned as any form of	9604
compensation or benefit of state employment, and no state-owned,	9605
leased, or pooled motor vehicle shall be assigned to an employee	9606
solely for commuting to and from home and work.	9607

(M) The director shall do both of the following:

9608

(1) Implement to the greatest extent possible the	9609
recommendations from the 2002 report entitled "Administrative	9610
Analysis of the Ohio Fleet Management Program" in connection with	9611
the authority granted to the department by this section;	9612

(2) Attempt to reduce the number of passenger vehicles used	9613
by state agencies during the fiscal years ending on June 30, 2004,	9614
and June 30, 2005.	9615

(N) Each state agency shall reimburse the department for all	9616
costs incurred in the assignment of motor vehicles to the state	9617
agency.	9618

(O) The director shall do all of the following in managing	9619
the fleet management program:	9620

(1) Determine how motor vehicles will be maintained, insured,	9621
operated, financed, and licensed;	9622

(2) Pursuant to the formula in division (O)(3) of this	9623
section, annually establish the minimum number of business miles	9624
per year an employee of a state agency must drive in order to	9625
qualify for approval by the department to receive a motor vehicle	9626
for business use;	9627

(3) Establish the minimum number of business miles per year	9628
at an amount that results when the annual motor vehicle cost is	9629
divided by the amount that is the reimbursement rate per mile	9630
minus the amount that is the sum of the fuel cost, the operating	9631
cost, and the insurance cost. As used in this division:	9632

(a) "Annual motor vehicle cost" means the price of a motor	9633
vehicle divided by the number of years an average motor vehicle is	9634
used.	9635

(b) "Fuel cost" means the average price per gallon of motor	9636
fuel divided by the miles per gallon fuel efficiency of a motor	9637
vehicle.	9638

(c) "Insurance cost" means the cost of insuring a motor	9639
vehicle per year divided by the number of miles an average motor	9640
vehicle is driven per year.	9641

(d) "Operating cost" means the maintenance cost of a motor	9642
vehicle per year divided by the product resulting when the number	9643
of miles an average motor vehicle is driven per year is multiplied	9644
by the number of years an average motor vehicle is used.	9645

(e) "Reimbursement rate per mile" means the reimbursement per	9646
mile rate for travel expenses as provided by rule of the director	9647
of budget and management adopted under division (B) of section	9648
126.31 of the Revised Code.	9649

~~(P)(1) Not later than the fifteenth day of September of each~~	9650
~~year, each state institution of higher education shall report to~~	9651
~~the department on all of the following topics relating to motor~~	9652
~~vehicles that the institution acquires and manages:~~	9653

~~(a) The methods it uses to track the motor vehicles;~~

9654

~~(b) Whether or not it uses a fuel card program to purchase~~	9655
~~fuel for, or to pay for the maintenance of, the motor vehicles;~~	9656

~~(c) Whether or not it makes bulk purchases of fuel for the~~	9657
~~motor vehicles.~~	9658

~~(2) Assuming it does not use the fleet management tracking,~~	9659
~~fuel card program, and bulk fuel purchases tools and services that~~	9660
~~the department provides, the report of a state institution of~~	9661
~~higher education required by division (P)(1) of this section also~~	9662
~~shall include both of the following:~~	9663

~~(a) An analysis of the amount the institution would save, if~~	9664
~~any, if it were to use the fleet management tracking, fuel card~~	9665
~~program, and bulk fuel purchases tools and services that the~~	9666
~~department provides instead of the fleet management system the~~	9667
~~institution regularly uses;~~	9668

~~(b) A rationale for either continuing with the fleet~~	9669
~~management system that the institution regularly uses or changing~~	9670
~~to the use of those tools and services that the department~~	9671
~~provides.~~	9672

~~(3) The department shall certify within ninety days after~~	9673
~~receipt of all reports under division (P)(1) of this section a~~	9674
~~list of those state institutions of higher education that the~~	9675
~~department determines would save amounts if they were to use the~~	9676
~~fleet management tracking, fuel card program, and bulk fuel~~	9677
~~purchases tools and services that the department provides. The~~	9678
~~institutions so certified then shall use those tools and services~~	9679
~~that the department provides until the department next certifies~~	9680
~~institutions under division (P)(3) of this section.~~	9681

Sec. 125.836. (A) As used in this section:

9682

(1) "Biodiesel," "blended biodiesel," and "diesel fuel" have	9683
the same meanings as in section 125.831 of the Revised Code.	9684

(2) ~~"Credit" means a credit generated by the acquisition of~~	9685
~~alternative fueled vehicles in accordance with the "Energy Policy~~	9686
~~Act of 1992," 106 Stat. 2897, 42 U.S.C. 13257.~~	9687

~~(3)~~ "Incremental cost" means the difference in cost between	9688
blended biodiesel and conventional petroleum-based diesel fuel at	9689
the time the blended biodiesel is purchased.	9690

(B) ~~The department of administrative services shall establish~~	9691
~~and administer a credit banking and selling program. The~~	9692
~~department may sell or trade credits in accordance with procedures~~	9693
~~established pursuant to the "Energy Policy Act of 1992," 106 Stat.~~	9694
~~2897, 42 U.S.C. 13258.~~	9695

~~(C)~~ There is hereby created in the state treasury the	9696
"biodiesel revolving fund," to which shall be credited ~~moneys~~	9697
~~received from the sale of credits under this section, any~~ moneys	9698
appropriated to the fund by the general assembly, and any other	9699
moneys obtained or accepted by the ~~department~~development services	9700
agency for crediting to the fund. Moneys credited to the fund	9701
shall be used to pay for the incremental cost of biodiesel for use	9702
in vehicles owned or leased by the state that use diesel fuel. The	9703
director ~~of administrative services, after consultation with the~~	9704
~~director~~ of development,services may direct the director of	9705
budget and management to transfer available moneys in the	9706
biodiesel revolving fund to the alternative fuel transportation	9707
fund created in section 122.075 of the Revised Code to be used by	9708
the ~~department of~~ development services agency for the purposes	9709
specified in that section.	9710

~~(D) The director of administrative services shall adopt rules~~	9711
~~under Chapter 119. of the Revised Code that are necessary for the~~	9712
~~administration of the credit banking and selling program.~~	9713

Sec. 126.07. Except as provided in division (B) of section	9714
126.21 of the Revised Code, no contract, agreement, or obligation	9715
involving the expenditure of money chargeable to an appropriation,	9716
nor any resolution or order for the expenditure of money	9717
chargeable to an appropriation, shall be valid and enforceable	9718
unless the director of budget and management first certifies that	9719
there is a balance in the appropriation not already obligated to	9720
pay existing obligations, in an amount at least equal to the	9721
portion of the contract, agreement, obligation, resolution, or	9722
order to be performed in the current fiscal year. Any written	9723
contract or agreement entered into by the state shall contain a	9724
clause stating that the obligations of the state are subject to	9725
this section.	9726

The chief administrative officer of a state agency is	9727
responsible for the preaudit and approval of expenditures and	9728
other transactions of the agency. In order to initiate the making	9729
of a payment from the state treasury, the person in a state agency	9730
who requests that the payment be made shall first submit to the	9731
chief administrative officer of the agency all invoices, claims,	9732
vouchers, and other documentation related to the payment. The	9733
chief administrative officer shall examine each voucher and all	9734
other documentation required to support the voucher and determine	9735
whether they meet all the requirements established by the director	9736
of budget and management for making the payment. If they do meet	9737
those requirements, the chief administrative officer shall certify	9738
to the director the approval of the chief administrative officer	9739
for payment.	9740

Prior to drawing a warrant or processing an electronic funds	9741
transfer as provided in section 126.35 of the Revised Code, the	9742
director may review and audit the voucher, any documentation	9743
accompanying the voucher, and any other documentation related to	9744
the transaction that the director may require to determine if the	9745
transaction is in accordance with law. The director shall not	9746
approve payment to be made if the director finds that there is not	9747
an unobligated balance in the appropriation for the payment, that	9748
the payment is not for a valid claim against the state that is	9749
legally due, or that insufficient documentation has been	9750
submitted. If the director does not approve payment, the director	9751
shall notify the agency of the reasons the director has not given	9752
approval.	9753

In approving payments to be made under this section, the	9754
director, upon receipt of certification from the director of job	9755
and family services pursuant to section 4141.231 of the Revised	9756
Code, shall withhold from amounts otherwise payable to a person	9757
who is the subject of the director of jobs and family services'	9758
certification, the amount certified to be due and unpaid to the	9759
director of job and family services, and shall approve for payment	9760
to the director of job and family services, the amount withheld.	9761

As used in this section and in section 126.21 of the Revised	9762
Code, "chief administrative officer" means either of the	9763
following:	9764

(A) The director of the agency or, in the case of a state	9765
agency without a director, the equivalent officer of that agency;	9766

(B) The designee of the chief administrative officer for the	9767
purposes of such sections.	9768

Sec. 126.14. The release of any money appropriated for the	9769
purchase of real estate shall be approved by the controlling	9770
board. The release of money appropriated for all other capital	9771
projects is also subject to the approval of the controlling board,	9772
except that the director of budget and management may approve the	9773
release of money appropriated for specific projects in accordance	9774
with the requirements of this section and except that the director	9775
of budget and management may approve the release of unencumbered	9776
capital balances, for a project to repair, remove, or prevent a	9777
public exigency declared to exist by the executive director of	9778
~~administrative services~~the Ohio facilities construction	9779
commission under section 123.10 of the Revised Code~~, or by the~~	9780
~~executive director of the Ohio facilities construction commission~~	9781
~~under section 123.23 of the Revised Code,~~ in the amount designated	9782
in that declaration.	9783

Within sixty days after the effective date of any act	9784
appropriating money for capital projects, the director shall	9785
determine which appropriations are for general projects and which	9786
are for specific projects. Specific projects may include specific	9787
higher education projects that are to be funded from general	9788
purpose appropriations from the higher education improvement fund	9789
or the higher education improvement taxable fund created in	9790
section 154.21 of the Revised Code. Upon determining which	9791
projects are general and which are specific, the director shall	9792
submit to the controlling board a list that includes a brief	9793
description of and the estimated expenditures for each specific	9794
project. The release of money for any specific higher education	9795
projects that are to be funded from general purpose appropriations	9796
from the higher education improvement fund or the higher education	9797
improvement taxable fund but that are not included on the list,	9798
and the release of money for any specific higher education	9799
projects included on the list that will exceed the estimated	9800
expenditures by more than ten per cent, are subject to the	9801
approval of the controlling board.	9802

The director may create new appropriation items and make	9803
transfers of appropriations to them for specific higher education	9804
projects included on the list that are to be funded from general	9805
purpose appropriations for basic renovations that are made from	9806
the higher education improvement fund or the higher education	9807
improvement taxable fund.	9808

Sec. 126.32. (A) Any officer of any state agency may	9809
authorize reimbursement for travel, including the costs of	9810
transportation, for lodging, and for meals to any person who is	9811
interviewing for a position that is classified in pay range 13 or	9812
above in schedule E-1 or schedule E-1 for step seven only, or is	9813
classified in schedule E-2, of section 124.152 of the Revised	9814
Code.	9815

(B) If a person is appointed to a position listed in section	9816
121.03 of the Revised Code, to the position of chairperson of the	9817
industrial commission, adjutant general, chancellor of the Ohio	9818
board of regents, superintendent of public instruction,	9819
chairperson of the public utilities commission of Ohio, or	9820
director of the state lottery commission, to a position holding a	9821
fiduciary relationship to the governor, to a position of an	9822
appointing authority of the department of ~~mental health~~mental	9823
health and addiction services, developmental disabilities, or	9824
rehabilitation and correction, to a position of superintendent in	9825
the department of youth services, or to a position under section	9826
122.05 of the Revised Code, and if that appointment requires a	9827
permanent change of residence, the appropriate state agency may	9828
reimburse the person for the person's actual and necessary	9829
expenses, including the cost of in-transit storage of household	9830
goods and personal effects, of moving the person and members of	9831
the person's immediate family residing in the person's household,	9832
and of moving their household goods and personal effects, to the	9833
person's new location.	9834

Until that person moves the person's permanent residence to	9835
the new location, but not for a period that exceeds thirty	9836
consecutive days, the state agency may reimburse the person for	9837
the person's temporary living expenses at the new location that	9838
the person has incurred on behalf of the person and members of the	9839
person's immediate family residing in the person's household. In	9840
addition, the state agency may reimburse that person for the	9841
person's travel expenses between the new location and the person's	9842
former residence during this period for a maximum number of trips	9843
specified by rule of the director of budget and management, but	9844
the state agency shall not reimburse the person for travel	9845
expenses incurred for those trips by members of the person's	9846
immediate family. With the prior written approval of the director,	9847
the maximum thirty-day period for temporary living expenses may be	9848
extended for a person appointed to a position under section 122.05	9849
of the Revised Code.	9850

The director of development services may reimburse a person	9851
appointed to a position under section 122.05 of the Revised Code	9852
for the person's actual and necessary expenses of moving the	9853
person and members of the person's immediate family residing in	9854
the person's household back to the United States and may reimburse	9855
a person appointed to such a position for the cost of storage of	9856
household goods and personal effects of the person and the	9857
person's immediate family while the person is serving outside the	9858
United States, if the person's office outside the United States is	9859
the person's primary job location.	9860

(C) All reimbursement under division (A) or (B) of this	9861
section shall be made in the manner, and at rates that do not	9862
exceed those, provided by rule of the director of budget and	9863
management in accordance with section 111.15 of the Revised Code.	9864
Reimbursements may be made under division (B) of this section	9865
directly to the persons who incurred the expenses or directly to	9866
the providers of goods or services the persons receive, as	9867
determined by the director of budget and management.	9868

Sec. 126.35. (A) The director of budget and management shall	9869
draw warrants or process electronic funds transfers against the	9870
treasurer of state pursuant to all requests for payment that the	9871
director has approved under section 126.07 of the Revised Code.	9872

(B) Unless a cash assistance payment is to be made by	9873
electronic benefit transfer, payment by the director of budget and	9874
management to a participant in the Ohio works first program	9875
pursuant to Chapter 5107. of the Revised Code, a recipient of	9876
disability financial assistance pursuant to Chapter 5115. of the	9877
Revised Code, or a recipient of cash assistance provided under the	9878
refugee assistance program established under section 5101.49 of	9879
the Revised Code shall be made by direct deposit to the account of	9880
the participant or recipient in the financial institution	9881
designated under section 329.03 of the Revised Code. Payment by	9882
the director of budget and management to a recipient of benefits	9883
distributed through the medium of electronic benefit transfer	9884
pursuant to section 5101.33 of the Revised Code shall be by	9885
electronic benefit transfer. Payment by the director of budget and	9886
management as compensation to an employee of the state who has,	9887
pursuant to section 124.151 of the Revised Code, designated a	9888
financial institution and account for the direct deposit of such	9889
payments shall be made by direct deposit to the account of the	9890
employee. Payment to any other payee who has designated a	9891
financial institution and account for the direct deposit of such	9892
payment may be made by direct deposit to the account of the payee	9893
in the financial institution as provided in section 9.37 of the	9894
Revised Code. Accounts maintained by the director of budget and	9895
management or the director's agent in a financial institution for	9896
the purpose of effectuating payment by direct deposit or	9897
electronic benefit transfer shall be maintained in accordance with	9898
section 135.18 of the Revised Code.	9899

(C) All other payments from the state treasury shall be made	9900
by paper warrants, electronic funds transfers, or by direct	9901
deposit payable to the respective payees. The director of budget	9902
and management may mail the paper warrants to the respective	9903
payees or distribute them through other state agencies, whichever	9904
the director determines to be the better procedure.	9905

~~(D) If the average per transaction cost the director of~~	9906
~~budget and management incurs in making direct deposits for a state~~	9907
~~agency exceeds the average per transaction cost the director~~	9908
~~incurs in drawing paper warrants for all public offices during the~~	9909
~~same period of time, the director may certify the difference in~~	9910
~~cost and the number of direct deposits for the agency to the~~	9911
~~director of administrative services. The director of~~	9912
~~administrative services shall reimburse the director of budget and~~	9913
~~management for such additional costs and add the amount to the~~	9914
~~processing charge assessed upon the state agency.~~	9915

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	9916
Revised Code, "state agency" means the administrative departments	9917
listed in section 121.02 of the Revised Code, the department of	9918
taxation, the bureau of workers' compensation, ~~and~~ the Ohio board	9919
of regents, the opportunities for Ohioans with disabilities	9920
agency, the public utilities commission of Ohio, the adjutant	9921
general, and the state lottery commission.	9922

(B) The office of internal ~~auditing~~audit is hereby created	9923
in the office of budget and management to ~~conduct~~direct internal	9924
audits of state agencies or divisions of state agencies to improve	9925
their operations in the areas of risk management, internal	9926
controls, and governance. The director of budget and management,	9927
with the approval of the governor, shall appoint for the office of	9928
internal ~~auditing~~audit a chief internal auditor who meets the	9929
qualifications specified in division ~~(C)~~(E) of this section. The	9930
chief internal auditor shall serve at the director's pleasure and	9931
be responsible for the administration of the office of internal	9932
~~auditing~~audit consistent with sections 126.45 to 126.48 of the	9933
Revised Code.	9934

(C) The office of internal ~~auditing~~audit shall conduct	9935
programs for the internal auditing of state agencies. The programs	9936
shall include an annual internal audit plan, reviewed by the state	9937
audit committee, that utilizes risk assessment techniques and	9938
identifies the specific audits to be ~~conducted~~directed during the	9939
year. The programs also shall include periodic audits of each	9940
state agency's major systems and controls, including those systems	9941
and controls pertaining to accounting, administration, and	9942
~~electronic data processing~~information technology. Upon the	9943
request of the office of internal ~~auditing~~audit, each state	9944
agency shall provide office employees access to all records and	9945
documents necessary for the performance of an internal audit.	9946

The director of budget and management shall assess a charge	9947
against each state agency for which the office of internal	9948
~~auditing~~audit conducts internal auditing programs under sections	9949
126.45 to 126.48 of the Revised Code so that the total amount of	9950
these charges is sufficient to cover the costs of the operation of	9951
the office of internal ~~auditing~~audit.	9952

(D) At the request of any other organized body, office, or	9953
agency established by the laws of the state for the exercise of	9954
any function of state government that is not described in division	9955
(A) of this section, the office of internal audit may direct an	9956
internal audit of all or part of that body, office, or agency. The	9957
office of internal audit shall charge an amount sufficient to	9958
cover the costs it incurs in relation to the requested audit.	9959

~~(C)~~(E) The chief internal auditor of the office of internal	9960
~~auditing~~audit shall hold at least a bachelor's degree and be one	9961
of the following:	9962

(1) A certified internal auditor, a certified government	9963
auditing professional, or a certified public accountant, who also	9964
has held a PA registration or a CPA certificate authorized by	9965
Chapter 4701. of the Revised Code for at least four years and has	9966
at least six years of auditing experience;	9967

(2) An auditor who has held a PA registration or a CPA	9968
certificate authorized by Chapter 4701. of the Revised Code for at	9969
least four years and has at least ten years of auditing	9970
experience.	9971

~~(D)~~(F) The chief internal auditor, subject to the direction	9972
and control of the director of budget and management, may appoint	9973
and maintain any staff necessary to carry out the duties assigned	9974
by sections 126.45 to 126.48 of the Revised Code to the office of	9975
internal ~~auditing~~audit or to the chief internal auditor.	9976

Sec. 126.46. (A)(1) There is hereby created the state audit	9977
committee, consisting of the following five members: one public	9978
member appointed by the governor; two public members appointed by	9979
the speaker of the house of representatives, one of which may be a	9980
person who is recommended by the minority leader of the house of	9981
representatives; and two public members appointed by the president	9982
of the senate, one of which may be a person who is recommended by	9983
the minority leader of the senate. Not more than two of the four	9984
members appointed by the speaker of the house of representatives	9985
and the president of the senate shall belong to or be affiliated	9986
with the same political party. The member appointed by the	9987
governor shall have the program and management expertise required	9988
to perform the duties of the committee's chairperson.	9989

Each member of the committee shall be external to the	9990
management structure of state government and shall serve a	9991
three-year term. Each term shall commence on the first day of July	9992
and end on the thirtieth day of June. Any member may continue in	9993
office subsequent to the expiration date of the member's term	9994
until the member's successor takes office or until a period of	9995
ninety days has elapsed, whichever occurs first. Members may be	9996
reappointed to serve one additional term.	9997

On ~~the effective date of the amendment of this section by~~	9998
~~H.B. 153 of the 129th general assembly~~September 29, 2011, the	9999
terms of the members shall be altered as follows:	10000

(a) The terms of the members appointed by the president shall	10001
expire on June 30, 2012.	10002

(b) The term of the member appointed by the speaker scheduled	10003
to expire on November 17, 2012, shall expire on June 30, 2013.	10004

(c) The term of the other member appointed by the speaker	10005
shall expire on June 30, 2014.	10006

(d) The term of the member appointed by the governor shall	10007
expire on June 30, 2014.	10008

The committee shall include at least one member who is a	10009
financial expert; at least one member who is an active, inactive,	10010
or retired certified public accountant; at least one member who is	10011
familiar with governmental financial accounting; at least one	10012
member who is familiar with information technology systems and	10013
services; and at least one member who is a representative of the	10014
public.	10015

Any vacancy on the committee shall be filled in the same	10016
manner as provided in this division, and, when applicable, the	10017
person appointed to fill a vacancy shall serve the remainder of	10018
the predecessor's term.	10019

(2) Members of the committee shall receive reimbursement for	10020
actual and necessary expenses incurred in the discharge of their	10021
duties.	10022

(3) The member of the committee appointed by the governor	10023
shall serve as the committee's chairperson.	10024

(4) Members of the committee shall be subject to the	10025
disclosure statement requirements of section 102.02 of the Revised	10026
Code.	10027

(B) The state audit committee shall do all of the following:

10028

(1) ~~Ensure that~~Evaluate whether the internal audits	10029
~~conducted~~directed by the office of internal ~~auditing~~audit in the	10030
office of budget and management conform to the institute of	10031
internal auditors' international ~~standards for the~~ professional	10032
~~practice of~~practices framework for internal auditing and to the	10033
institute of internal auditors' code of ethics;	10034

(2) Review and comment on the process used by the office of	10035
budget and management to prepare ~~its annual budgetary financial~~	10036
~~report and~~ the state's comprehensive annual financial report	10037
required under division (A)(9) of section 126.21 of the Revised	10038
Code;	10039

(3) Review and comment on unaudited financial statements	10040
submitted to the auditor of state and communicate with external	10041
auditors as required by government auditing standards;	10042

(4) Perform the additional functions imposed upon it by	10043
section 126.47 of the Revised Code.	10044

(C) As used in this section, "financial expert" means a	10045
person who has all of the following:	10046

(1) An understanding of generally accepted accounting	10047
principles and financial statements;	10048

(2) The ability to assess the general application of those	10049
principles in connection with accounting for estimates, accruals,	10050
and reserves;	10051

(3) Experience preparing, auditing, analyzing, or evaluating	10052
financial statements presenting accounting issues that generally	10053
are of comparable breadth and level of complexity to those likely	10054
to be presented by a state agency's financial statements, or	10055
experience actively supervising one or more persons engaged in	10056
those activities;	10057

(4) An understanding of internal controls and procedures for	10058
financial reporting; and	10059

(5) An understanding of audit committee functions.

10060

Sec. 126.47. (A) The state audit committee created by	10061
section 126.46 of the Revised Code shall ensure that the office of	10062
internal ~~auditing~~audit in the office of budget and management has	10063
an annual internal audit plan that identifies the internal audits	10064
of state agencies or divisions of state agencies scheduled for the	10065
next fiscal year. The chief internal auditor of the office of	10066
internal ~~auditing~~audit shall submit the plan to the state audit	10067
committee for review and comment before the beginning of each	10068
fiscal year. The chief internal auditor may submit a revised	10069
internal audit plan for review and comment at any time the	10070
director of budget and management believes there is reason to	10071
modify the previously submitted plan for a fiscal year.	10072

(B) To determine the state agencies or divisions of state	10073
agencies that are to be internally audited, the office of internal	10074
~~auditing~~audit, in the formulation of an annual or revised	10075
internal audit plan, and the state audit committee, in reviewing a	10076
submitted annual or revised internal audit plan, shall consider	10077
the following factors:	10078

(1) The risk for fraud, waste, or abuse of public money	10079
within an agency or division;	10080

(2) The length of time since an agency or division was last	10081
subject to an internal audit;	10082

(3) The size of an agency or division, and the amount of time	10083
and resources necessary to audit it;	10084

(4) Any other factor the state audit committee determines to	10085
be relevant.	10086

(C) All internal audits shall be ~~conducted only~~directed by	10087
employees of the office of internal ~~auditing~~audit.	10088

(D) After the conclusion of an internal audit, the chief	10089
internal auditor shall submit a preliminary report of the internal	10090
audit's findings and recommendations to the state audit committee	10091
and to the director of the state agency involved. The state agency	10092
or division of the state agency covered by the preliminary report	10093
shall be provided an opportunity to respond within thirty days	10094
after receipt of the preliminary report. The response shall	10095
include a corrective action plan for any recommendations in the	10096
preliminary report that are not disputed by the agency or	10097
division. Any response received by the office of internal ~~auditing~~	10098
audit within that thirty-day period shall be included in the	10099
office's final report of the internal audit's findings and	10100
recommendations. The final report shall be issued by the office of	10101
internal ~~auditing~~audit within thirty days after the termination	10102
of the thirty-day response period. Copies of the final report	10103
shall be submitted to the state audit committee, the governor, and	10104
the director of the state agency involved. The state audit	10105
committee shall determine an appropriate method for making the	10106
preliminary and final reports available for public inspection in a	10107
timely manner.	10108

Any suspected fraud or other illegal activity discovered by	10109
the office of internal ~~auditing~~audit during ~~the conduct of~~ an	10110
internal audit shall be reported immediately to the state audit	10111
committee, the director of the state agency in which the fraud or	10112
illegal activity is suspected to have occurred, and the auditor of	10113
state.	10114

(E) The chief internal auditor shall prepare an annual report	10115
and submit the report to the governor, the president of the	10116
senate, the speaker of the house of representatives, and the	10117
auditor of state. The office of budget and management shall make	10118
the report available to the public by posting it on the office's	10119
web site before the first of ~~July~~August of each year.	10120

Sec. 126.48. ~~Any~~(A) Except as provided in division (B) of	10121
this section, any preliminary or final report of an internal	10122
audit's findings and recommendations which is produced by the	10123
office of internal ~~auditing~~audit in the office of budget and	10124
management and all work papers of the internal audit are	10125
confidential and are not public records under section 149.43 of	10126
the Revised Code until the final report of an internal audit's	10127
findings and recommendations is submitted to the state audit	10128
committee, the governor, and the director of the state agency	10129
involved.	10130

(B) The following are not public records under section 149.43	10131
of the Revised Code:	10132

(1) An internal audit report that meets the definition of a	10133
security record under section 149.433 of the Revised Code;	10134

(2) Any information derived from a state tax return or state	10135
tax return information as permitted to be used by the office of	10136
internal audit under section 5703.21 of the Revised Code.	10137

Sec. 127.14. The controlling board may, at the request of	10138
any state agency or the director of budget and management,	10139
authorize, with respect to the provisions of any appropriation	10140
act:	10141

(A) Transfers of all or part of an appropriation within but	10142
not between state agencies, except such transfers as the director	10143
of budget and management is authorized by law to make, provided	10144
that no transfer shall be made by the director for the purpose of	10145
effecting new or changed levels of program service not authorized	10146
by the general assembly;	10147

(B) Transfers of all or part of an appropriation from one	10148
fiscal year to another;	10149

(C) Transfers of all or part of an appropriation within or	10150
between state agencies made necessary by administrative	10151
reorganization or by the abolition of an agency or part of an	10152
agency;	10153

(D) Transfers of all or part of cash balances in excess of	10154
needs from any fund of the state to the general revenue fund or to	10155
such other fund of the state to which the money would have been	10156
credited in the absence of the fund from which the transfers are	10157
authorized to be made, except that the controlling board may not	10158
authorize such transfers from the accrued leave liability fund,	10159
auto registration distribution fund, budget stabilization fund,	10160
building improvement fund, development bond retirement fund,	10161
facilities establishment fund, gasoline excise tax fund, general	10162
revenue fund, higher education improvement fund, highway	10163
improvement bond retirement fund, highway obligations bond	10164
retirement fund, highway capital improvement fund, highway	10165
operating fund, horse racing tax fund, improvements bond	10166
retirement fund, public library fund, liquor control fund, local	10167
government fund, local transportation improvement program fund,	10168
mental health facilities improvement fund, Ohio fairs fund, parks	10169
and recreation improvement fund, public improvements bond	10170
retirement fund, school district income tax fund, state agency	10171
facilities improvement fund, state and local government highway	10172
distribution fund, state highway safety fund, state lottery fund,	10173
undivided liquor permit fund, Vietnam conflict compensation bond	10174
retirement fund, volunteer fire fighters' dependents fund,	10175
waterways safety fund, wildlife fund, workers' compensation fund,	10176
or any fund not specified in this division that the director of	10177
budget and management determines to be a bond fund or bond	10178
retirement fund;	10179

(E) Transfers of all or part of those appropriations included	10180
in the emergency purposes account of the controlling board;	10181

(F) Temporary transfers of all or part of an appropriation or	10182
other moneys into and between existing funds, or new funds, as may	10183
be established by law when needed for capital outlays for which	10184
notes or bonds will be issued;	10185

(G) Transfer or release of all or part of an appropriation to	10186
a state agency requiring controlling board approval of such	10187
transfer or release as provided by law;	10188

(H) Temporary transfer of funds included in the emergency	10189
purposes appropriation of the controlling board. Such temporary	10190
transfers may be made subject to conditions specified by the	10191
controlling board at the time temporary transfers are authorized.	10192
No transfers shall be made under this division for the purpose of	10193
effecting new or changed levels of program service not authorized	10194
by the general assembly.	10195

As used in this section, "request" means an application by a	10196
state agency or the director of budget and management seeking some	10197
action by the controlling board.	10198

When authorizing the transfer of all or part of an	10199
appropriation under this section, the controlling board may	10200
authorize the transfer to an existing appropriation item and the	10201
creation of and transfer to a new appropriation item.	10202

Whenever there is a transfer of all or part of funds included	10203
in the emergency purposes appropriation by the controlling board,	10204
pursuant to division (E) of this section, the state agency or the	10205
director of budget and management receiving such transfer shall	10206
keep a detailed record of the use of the transferred funds. At the	10207
earliest scheduled meeting of the controlling board following the	10208
accomplishment of the purposes specified in the request originally	10209
seeking the transfer, or following the total expenditure of the	10210
transferred funds for the specified purposes, the state agency or	10211
the director of budget and management shall submit a report on the	10212
expenditure of such funds to the board. The portion of any	10213
appropriation so transferred which is not required to accomplish	10214
the purposes designated in the original request to the controlling	10215
board shall be returned to the proper appropriation of the	10216
controlling board at this time.	10217

Notwithstanding any provisions of law providing for the	10218
deposit of revenues received by a state agency to the credit of a	10219
particular fund in the state treasury, whenever there is a	10220
temporary transfer of funds included in the emergency purposes	10221
appropriation of the controlling board pursuant to division (H) of	10222
this section, revenues received by any state agency receiving such	10223
a temporary transfer of funds shall, as directed by the	10224
controlling board, be transferred back to the emergency purposes	10225
appropriation.	10226

The board may delegate to the director of budget and	10227
management authority to approve transfers among items of	10228
appropriation under division (A) of this section.	10229

Sec. 127.16. (A) Upon the request of either a state agency	10230
or the director of budget and management and after the controlling	10231
board determines that an emergency or a sufficient economic reason	10232
exists, the controlling board may approve the making of a purchase	10233
without competitive selection as provided in division (B) of this	10234
section.	10235

(B) Except as otherwise provided in this section, no state	10236
agency, using money that has been appropriated to it directly,	10237
shall:	10238

(1) Make any purchase from a particular supplier, that would	10239
amount to fifty thousand dollars or more when combined with both	10240
the amount of all disbursements to the supplier during the fiscal	10241
year for purchases made by the agency and the amount of all	10242
outstanding encumbrances for purchases made by the agency from the	10243
supplier, unless the purchase is made by competitive selection or	10244
with the approval of the controlling board;	10245

(2) Lease real estate from a particular supplier, if the	10246
lease would amount to seventy-five thousand dollars or more when	10247
combined with both the amount of all disbursements to the supplier	10248
during the fiscal year for real estate leases made by the agency	10249
and the amount of all outstanding encumbrances for real estate	10250
leases made by the agency from the supplier, unless the lease is	10251
made by competitive selection or with the approval of the	10252
controlling board.	10253

(C) Any person who authorizes a purchase in violation of	10254
division (B) of this section shall be liable to the state for any	10255
state funds spent on the purchase, and the attorney general shall	10256
collect the amount from the person.	10257

(D) Nothing in division (B) of this section shall be	10258
construed as:	10259

(1) A limitation upon the authority of the director of	10260
transportation as granted in sections 5501.17, 5517.02, and	10261
5525.14 of the Revised Code;	10262

(2) Applying to medicaid provider agreements under ~~Chapter~~	10263
~~5111. of~~ the ~~Revised Code~~medicaid program;	10264

(3) Applying to the purchase of examinations from a sole	10265
supplier by a state licensing board under Title XLVII of the	10266
Revised Code;	10267

(4) Applying to entertainment contracts for the Ohio state	10268
fair entered into by the Ohio expositions commission, provided	10269
that the controlling board has given its approval to the	10270
commission to enter into such contracts and has approved a total	10271
budget amount for such contracts as agreed upon by commission	10272
action, and that the commission causes to be kept itemized records	10273
of the amounts of money spent under each contract and annually	10274
files those records with the clerk of the house of representatives	10275
and the clerk of the senate following the close of the fair;	10276

(5) Limiting the authority of the chief of the division of	10277
mineral resources management to contract for reclamation work with	10278
an operator mining adjacent land as provided in section 1513.27 of	10279
the Revised Code;	10280

(6) Applying to investment transactions and procedures of any	10281
state agency, except that the agency shall file with the board the	10282
name of any person with whom the agency contracts to make, broker,	10283
service, or otherwise manage its investments, as well as the	10284
commission, rate, or schedule of charges of such person with	10285
respect to any investment transactions to be undertaken on behalf	10286
of the agency. The filing shall be in a form and at such times as	10287
the board considers appropriate.	10288

(7) Applying to purchases made with money for the per cent	10289
for arts program established by section 3379.10 of the Revised	10290
Code;	10291

(8) Applying to purchases made by the ~~rehabilitation services~~	10292
~~commission~~opportunities for Ohioans with disabilities agency of	10293
services, or supplies, that are provided to persons with	10294
disabilities, or to purchases made by the ~~commission~~agency in	10295
connection with the eligibility determinations it makes for	10296
applicants of programs administered by the social security	10297
administration;	10298

(9) Applying to payments by the department of ~~job and family~~	10299
~~services~~medicaid under section ~~5111.13~~5164.85 of the Revised	10300
Code for group health plan premiums, deductibles, coinsurance, and	10301
other cost-sharing expenses;	10302

(10) Applying to any agency of the legislative branch of the	10303
state government;	10304

(11) Applying to agreements or contracts entered into under	10305
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	10306
Revised Code;	10307

(12) Applying to purchases of services by the adult parole	10308
authority under section 2967.14 of the Revised Code or by the	10309
department of youth services under section 5139.08 of the Revised	10310
Code;	10311

(13) Applying to dues or fees paid for membership in an	10312
organization or association;	10313

(14) Applying to purchases of utility services pursuant to	10314
section 9.30 of the Revised Code;	10315

(15) Applying to purchases made in accordance with rules	10316
adopted by the department of administrative services of motor	10317
vehicle, aviation, or watercraft fuel, or emergency repairs of	10318
such vehicles;	10319

(16) Applying to purchases of tickets for passenger air	10320
transportation;	10321

(17) Applying to purchases necessary to provide public	10322
notifications required by law or to provide notifications of job	10323
openings;	10324

(18) Applying to the judicial branch of state government;

10325

(19) Applying to purchases of liquor for resale by the	10326
division of liquor control;	10327

(20) Applying to purchases of motor courier and freight	10328
services made in accordance with department of administrative	10329
services rules;	10330

(21) Applying to purchases from the United States postal	10331
service and purchases of stamps and postal meter replenishment	10332
from vendors at rates established by the United States postal	10333
service;	10334

(22) Applying to purchases of books, periodicals, pamphlets,	10335
newspapers, maintenance subscriptions, and other published	10336
materials;	10337

(23) Applying to purchases from other state agencies,	10338
including state-assisted institutions of higher education;	10339

(24) Limiting the authority of the director of environmental	10340
protection to enter into contracts under division (D) of section	10341
3745.14 of the Revised Code to conduct compliance reviews, as	10342
defined in division (A) of that section;	10343

(25) Applying to purchases from a qualified nonprofit agency	10344
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	10345
the Revised Code;	10346

(26) Applying to payments by the department of job and family	10347
services to the United States department of health and human	10348
services for printing and mailing notices pertaining to the tax	10349
refund offset program of the internal revenue service of the	10350
United States department of the treasury;	10351

(27) Applying to contracts entered into by the department of	10352
developmental disabilities under section 5123.18 of the Revised	10353
Code;	10354

(28) Applying to payments made by the department of ~~mental~~	10355
~~health~~mental health and addiction services under a physician	10356
recruitment program authorized by section ~~5119.101~~5119.185 of	10357
the Revised Code;	10358

(29) Applying to contracts entered into with persons by the	10359
director of commerce for unclaimed funds collection and remittance	10360
efforts as provided in division (F) of section 169.03 of the	10361
Revised Code. The director shall keep an itemized accounting of	10362
unclaimed funds collected by those persons and amounts paid to	10363
them for their services.	10364

(30) Applying to purchases made by a state institution of	10365
higher education in accordance with the terms of a contract	10366
between the vendor and an inter-university purchasing group	10367
comprised of purchasing officers of state institutions of higher	10368
education;	10369

(31) Applying to the department of ~~job and family services'~~	10370
medicaid's purchases of health assistance services under the	10371
children's health insurance program ~~part I provided for under~~	10372
~~section 5101.50 of the Revised Code, the children's health~~	10373
~~insurance program part II provided for under section 5101.51 of~~	10374
~~the Revised Code, or the children's health insurance program part~~	10375
~~III provided for under section 5101.52 of the Revised Code~~;	10376

(32) Applying to payments by the attorney general from the	10377
reparations fund to hospitals and other emergency medical	10378
facilities for performing medical examinations to collect physical	10379
evidence pursuant to section 2907.28 of the Revised Code;	10380

(33) Applying to contracts with a contracting authority or	10381
administrative receiver under division (B) of section 5126.056 of	10382
the Revised Code;	10383

(34) Applying to purchases of goods and services by the	10384
department of veterans services in accordance with the terms of	10385
contracts entered into by the United States department of veterans	10386
affairs;	10387

(35) Applying to payments by the superintendent of the bureau	10388
of criminal identification and investigation to the federal bureau	10389
of investigation for criminal records checks pursuant to section	10390
109.572 of the Revised Code;	10391

(36) Applying to contracts entered into by the department of	10392
~~job and family services~~medicaid under section ~~5111.054~~5164.47 of	10393
the Revised Code;	10394

(37) Applying to contracts entered into under section 5160.12	10395
of the Revised Code.	10396

(E) When determining whether a state agency has reached the	10397
cumulative purchase thresholds established in divisions (B)(1) and	10398
(2) of this section, all of the following purchases by such agency	10399
shall not be considered:	10400

(1) Purchases made through competitive selection or with	10401
controlling board approval;	10402

(2) Purchases listed in division (D) of this section;

10403

(3) For the purposes of the threshold of division (B)(1) of	10404
this section only, leases of real estate.	10405

(F) As used in this section, "competitive selection,"	10406
"purchase," "supplies," and "services" have the same meanings as	10407
in section 125.01 of the Revised Code.	10408

Sec. 133.06. (A) A school district shall not incur, without	10409
a vote of the electors, net indebtedness that exceeds an amount	10410
equal to one-tenth of one per cent of its tax valuation, except as	10411
provided in divisions (G) and (H) of this section and in division	10412
(C) of section 3313.372 of the Revised Code, or as prescribed in	10413
section 3318.052 or 3318.44 of the Revised Code, or as provided in	10414
division (J) of this section.	10415

(B) Except as provided in divisions (E), (F), and (I) of this	10416
section, a school district shall not incur net indebtedness that	10417
exceeds an amount equal to nine per cent of its tax valuation.	10418

(C) A school district shall not submit to a vote of the	10419
electors the question of the issuance of securities in an amount	10420
that will make the district's net indebtedness after the issuance	10421
of the securities exceed an amount equal to four per cent of its	10422
tax valuation, unless the superintendent of public instruction,	10423
acting under policies adopted by the state board of education, and	10424
the tax commissioner, acting under written policies of the	10425
commissioner, consent to the submission. A request for the	10426
consents shall be made at least one hundred twenty days prior to	10427
the election at which the question is to be submitted.	10428

The superintendent of public instruction shall certify to the	10429
district the superintendent's and the tax commissioner's decisions	10430
within thirty days after receipt of the request for consents.	10431

If the electors do not approve the issuance of securities at	10432
the election for which the superintendent of public instruction	10433
and tax commissioner consented to the submission of the question,	10434
the school district may submit the same question to the electors	10435
on the date that the next special election may be held under	10436
section 3501.01 of the Revised Code without submitting a new	10437
request for consent. If the school district seeks to submit the	10438
same question at any other subsequent election, the district shall	10439
first submit a new request for consent in accordance with this	10440
division.	10441

(D) In calculating the net indebtedness of a school district,	10442
none of the following shall be considered:	10443

(1) Securities issued to acquire school buses and other	10444
equipment used in transporting pupils or issued pursuant to	10445
division (D) of section 133.10 of the Revised Code;	10446

(2) Securities issued under division (F) of this section,	10447
under section 133.301 of the Revised Code, and, to the extent in	10448
excess of the limitation stated in division (B) of this section,	10449
under division (E) of this section;	10450

(3) Indebtedness resulting from the dissolution of a joint	10451
vocational school district under section 3311.217 of the Revised	10452
Code, evidenced by outstanding securities of that joint vocational	10453
school district;	10454

(4) Loans, evidenced by any securities, received under	10455
sections 3313.483, 3317.0210, and 3317.0211~~, and 3317.64~~ of the	10456
Revised Code;	10457

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

10458

(6) Debt incurred pursuant to division (B)(5) of section	10459
3313.37 of the Revised Code to acquire computers and related	10460
hardware;	10461

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

10462

(E) A school district may become a special needs district as	10463
to certain securities as provided in division (E) of this section.	10464

(1) A board of education, by resolution, may declare its	10465
school district to be a special needs district by determining both	10466
of the following:	10467

(a) The student population is not being adequately serviced	10468
by the existing permanent improvements of the district.	10469

(b) The district cannot obtain sufficient funds by the	10470
issuance of securities within the limitation of division (B) of	10471
this section to provide additional or improved needed permanent	10472
improvements in time to meet the needs.	10473

(2) The board of education shall certify a copy of that	10474
resolution to the superintendent of public instruction with a	10475
statistical report showing all of the following:	10476

(a) The history of and a projection of the growth of the tax	10477
valuation;	10478

(b) The projected needs;

10479

(c) The estimated cost of permanent improvements proposed to	10480
meet such projected needs.	10481

(3) The superintendent of public instruction shall certify	10482
the district as an approved special needs district if the	10483
superintendent finds both of the following:	10484

(a) The district does not have available sufficient	10485
additional funds from state or federal sources to meet the	10486
projected needs.	10487

(b) The projection of the potential average growth of tax	10488
valuation during the next five years, according to the information	10489
certified to the superintendent and any other information the	10490
superintendent obtains, indicates a likelihood of potential	10491
average growth of tax valuation of the district during the next	10492
five years of an average of not less than one and one-half per	10493
cent per year. The findings and certification of the	10494
superintendent shall be conclusive.	10495

(4) An approved special needs district may incur net	10496
indebtedness by the issuance of securities in accordance with the	10497
provisions of this chapter in an amount that does not exceed an	10498
amount equal to the greater of the following:	10499

(a) Twelve per cent of the sum of its tax valuation plus an	10500
amount that is the product of multiplying that tax valuation by	10501
the percentage by which the tax valuation has increased over the	10502
tax valuation on the first day of the sixtieth month preceding the	10503
month in which its board determines to submit to the electors the	10504
question of issuing the proposed securities;	10505

(b) Twelve per cent of the sum of its tax valuation plus an	10506
amount that is the product of multiplying that tax valuation by	10507
the percentage, determined by the superintendent of public	10508
instruction, by which that tax valuation is projected to increase	10509
during the next ten years.	10510

(F) A school district may issue securities for emergency	10511
purposes, in a principal amount that does not exceed an amount	10512
equal to three per cent of its tax valuation, as provided in this	10513
division.	10514

(1) A board of education, by resolution, may declare an	10515
emergency if it determines both of the following:	10516

(a) School buildings or other necessary school facilities in	10517
the district have been wholly or partially destroyed, or condemned	10518
by a constituted public authority, or that such buildings or	10519
facilities are partially constructed, or so constructed or planned	10520
as to require additions and improvements to them before the	10521
buildings or facilities are usable for their intended purpose, or	10522
that corrections to permanent improvements are necessary to remove	10523
or prevent health or safety hazards.	10524

(b) Existing fiscal and net indebtedness limitations make	10525
adequate replacement, additions, or improvements impossible.	10526

(2) Upon the declaration of an emergency, the board of	10527
education may, by resolution, submit to the electors of the	10528
district pursuant to section 133.18 of the Revised Code the	10529
question of issuing securities for the purpose of paying the cost,	10530
in excess of any insurance or condemnation proceeds received by	10531
the district, of permanent improvements to respond to the	10532
emergency need.	10533

(3) The procedures for the election shall be as provided in	10534
section 133.18 of the Revised Code, except that:	10535

(a) The form of the ballot shall describe the emergency	10536
existing, refer to this division as the authority under which the	10537
emergency is declared, and state that the amount of the proposed	10538
securities exceeds the limitations prescribed by division (B) of	10539
this section;	10540

(b) The resolution required by division (B) of section 133.18	10541
of the Revised Code shall be certified to the county auditor and	10542
the board of elections at least one hundred days prior to the	10543
election;	10544

(c) The county auditor shall advise and, not later than	10545
ninety-five days before the election, confirm that advice by	10546
certification to, the board of education of the information	10547
required by division (C) of section 133.18 of the Revised Code;	10548

(d) The board of education shall then certify its resolution	10549
and the information required by division (D) of section 133.18 of	10550
the Revised Code to the board of elections not less than ninety	10551
days prior to the election.	10552

(4) Notwithstanding division (B) of section 133.21 of the	10553
Revised Code, the first principal payment of securities issued	10554
under this division may be set at any date not later than sixty	10555
months after the earliest possible principal payment otherwise	10556
provided for in that division.	10557

(G)(1) The board of education may contract with an architect,	10558
professional engineer, or other person experienced in the design	10559
and implementation of energy conservation measures for an analysis	10560
and recommendations pertaining to installations, modifications of	10561
installations, or remodeling that would significantly reduce	10562
energy consumption in buildings owned by the district. The report	10563
shall include estimates of all costs of such installations,	10564
modifications, or remodeling, including costs of design,	10565
engineering, installation, maintenance, repairs, and debt service,	10566
forgone residual value of materials or equipment replaced by the	10567
energy conservation measure, as defined by the Ohio school	10568
facilities commission, a baseline analysis of actual energy	10569
consumption data for the preceding three years, and estimates of	10570
the amounts by which energy consumption and resultant operational	10571
and maintenance costs, as defined by the commission, would be	10572
reduced.	10573

If the board finds after receiving the report that the amount	10574
of money the district would spend on such installations,	10575
modifications, or remodeling is not likely to exceed the amount of	10576
money it would save in energy and resultant operational and	10577
maintenance costs over the ensuing fifteen years, the board may	10578
submit to the commission a copy of its findings and a request for	10579
approval to incur indebtedness to finance the making or	10580
modification of installations or the remodeling of buildings for	10581
the purpose of significantly reducing energy consumption.	10582

~~If the commission determines that the board's findings are~~	10583
~~reasonable, it~~The school facilities commission, in consultation	10584
with the auditor of state, may deny a request under this division	10585
by the board of education any school district is in a state of	10586
fiscal watch pursuant to division (A) of section 3316.03 of the	10587
Revised Code, if it determines that the expenditure of funds is	10588
not in the best interest of the school district.	10589

No district board of education of a school district that is	10590
in a state of fiscal emergency pursuant to division (B) of section	10591
3316.03 of the Revised Code shall submit a request without	10592
submitting evidence that the installations, modifications, or	10593
remodeling have been approved by the district's financial planning	10594
and supervision commission established under section 3316.05 of	10595
the Revised Code.	10596

No board of education of a school district that, for three or	10597
more consecutive years, has been declared to be in a state of	10598
academic emergency under section 3302.03 of the Revised Code, as	10599
that section existed prior to March 22, 2013, and has failed to	10600
meet adequate yearly progress, or has met any condition set forth	10601
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	10602
Code shall submit a request without first receiving approval to	10603
incur indebtedness from the district's academic distress	10604
commission established under that section, for so long as such	10605
commission continues to be required for the district.	10606

(2) The school facilities commission shall approve the	10607
board's request~~. Upon~~provided that the following conditions are	10608
satisfied:	10609

(a) The commission determines that the board's findings are	10610
reasonable.	10611

(b) The request for approval is complete.

10612

(c) The installations, modifications, or remodeling are	10613
consistent with any project to construct or acquire classroom	10614
facilities, or to reconstruct or make additions to existing	10615
classroom facilities under sections 3318.01 to 3318.20 or sections	10616
3318.40 to 3318.45 of the Revised Code.	10617

Upon receipt of the commission's approval, the district may	10618
issue securities without a vote of the electors in a principal	10619
amount not to exceed nine-tenths of one per cent of its tax	10620
valuation for the purpose of making such installations,	10621
modifications, or remodeling, but the total net indebtedness of	10622
the district without a vote of the electors incurred under this	10623
and all other sections of the Revised Code, except section	10624
3318.052 of the Revised Code, shall not exceed one per cent of the	10625
district's tax valuation.	10626

(3) So long as any securities issued under ~~division (G) of~~	10627
this ~~section~~division remain outstanding, the board of education	10628
shall monitor the energy consumption and resultant operational and	10629
maintenance costs of buildings in which installations or	10630
modifications have been made or remodeling has been done pursuant	10631
to ~~division (G) of~~ this ~~section~~division and shall maintain and	10632
annually update a report documenting the reductions in energy	10633
consumption and resultant operational and maintenance cost savings	10634
attributable to such installations, modifications, or remodeling.	10635
The report shall be certified by an architect or engineer	10636
independent of any person that provided goods or services to the	10637
board in connection with the energy conservation measures that are	10638
the subject of the report. The resultant operational and	10639
maintenance cost savings shall be certified by the school district	10640
treasurer. The report shall be submitted annually to the	10641
commission.	10642

(H) With the consent of the superintendent of public	10643
instruction, a school district may incur without a vote of the	10644
electors net indebtedness that exceeds the amounts stated in	10645
divisions (A) and (G) of this section for the purpose of paying	10646
costs of permanent improvements, if and to the extent that both of	10647
the following conditions are satisfied:	10648

(1) The fiscal officer of the school district estimates that	10649
receipts of the school district from payments made under or	10650
pursuant to agreements entered into pursuant to section 725.02,	10651
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	10652
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	10653
Code, or distributions under division (C) of section 5709.43 of	10654
the Revised Code, or any combination thereof, are, after	10655
accounting for any appropriate coverage requirements, sufficient	10656
in time and amount, and are committed by the proceedings, to pay	10657
the debt charges on the securities issued to evidence that	10658
indebtedness and payable from those receipts, and the taxing	10659
authority of the district confirms the fiscal officer's estimate,	10660
which confirmation is approved by the superintendent of public	10661
instruction;	10662

(2) The fiscal officer of the school district certifies, and	10663
the taxing authority of the district confirms, that the district,	10664
at the time of the certification and confirmation, reasonably	10665
expects to have sufficient revenue available for the purpose of	10666
operating such permanent improvements for their intended purpose	10667
upon acquisition or completion thereof, and the superintendent of	10668
public instruction approves the taxing authority's confirmation.	10669

The maximum maturity of securities issued under division (H)	10670
of this section shall be the lesser of twenty years or the maximum	10671
maturity calculated under section 133.20 of the Revised Code.	10672

(I) A school district may incur net indebtedness by the	10673
issuance of securities in accordance with the provisions of this	10674
chapter in excess of the limit specified in division (B) or (C) of	10675
this section when necessary to raise the school district portion	10676
of the basic project cost and any additional funds necessary to	10677
participate in a project under Chapter 3318. of the Revised Code,	10678
including the cost of items designated by the Ohio school	10679
facilities commission as required locally funded initiatives, the	10680
cost of other locally funded initiatives in an amount that does	10681
not exceed fifty per cent of the district's portion of the basic	10682
project cost, and the cost for site acquisition. The school	10683
facilities commission shall notify the superintendent of public	10684
instruction whenever a school district will exceed either limit	10685
pursuant to this division.	10686

(J) A school district whose portion of the basic project cost	10687
of its classroom facilities project under sections 3318.01 to	10688
3318.20 of the Revised Code is greater than or equal to one	10689
hundred million dollars may incur without a vote of the electors	10690
net indebtedness in an amount up to two per cent of its tax	10691
valuation through the issuance of general obligation securities in	10692
order to generate all or part of the amount of its portion of the	10693
basic project cost if the controlling board has approved the	10694
school facilities commission's conditional approval of the project	10695
under section 3318.04 of the Revised Code. The school district	10696
board and the Ohio school facilities commission shall include the	10697
dedication of the proceeds of such securities in the agreement	10698
entered into under section 3318.08 of the Revised Code. No state	10699
moneys shall be released for a project to which this section	10700
applies until the proceeds of any bonds issued under this section	10701
that are dedicated for the payment of the school district portion	10702
of the project are first deposited into the school district's	10703
project construction fund.	10704

Sec. 140.01. As used in this chapter:

10705

(A) "Hospital agency" means any public hospital agency or any	10706
nonprofit hospital agency.	10707

(B) "Public hospital agency" means any county, board of	10708
county hospital trustees established pursuant to section 339.02 of	10709
the Revised Code, county hospital commission established pursuant	10710
to section 339.14 of the Revised Code, municipal corporation, new	10711
community authority organized under Chapter 349. of the Revised	10712
Code, joint township hospital district, state or municipal	10713
university or college operating or authorized to operate a	10714
hospital facility, or the state.	10715

(C) "Nonprofit hospital agency" means a corporation or	10716
association not for profit, no part of the net earnings of which	10717
inures or may lawfully inure to the benefit of any private	10718
shareholder or individual, that has authority to own or operate a	10719
hospital facility or provides or is to provide services to one or	10720
more other hospital agencies.	10721

(D) "Governing body" means, in the case of a county, the	10722
board of county commissioners or other legislative body; in the	10723
case of a board of county hospital trustees, the board; in the	10724
case of a county hospital commission, the commission; in the case	10725
of a municipal corporation, the council or other legislative	10726
authority; in the case of a new community authority, its board of	10727
trustees; in the case of a joint township hospital district, the	10728
joint township district hospital board; in the case of a state or	10729
municipal university or college, its board of trustees or board of	10730
directors; in the case of a nonprofit hospital agency, the board	10731
of trustees or other body having general management of the agency;	10732
and, in the case of the state, the director of development	10733
services or the Ohio higher educational facility commission.	10734

(E) "Hospital facilities" means buildings, structures and	10735
other improvements, additions thereto and extensions thereof,	10736
furnishings, equipment, and real estate and interests in real	10737
estate, used or to be used for or in connection with one or more	10738
hospitals, emergency, intensive, intermediate, extended,	10739
long-term, or self-care facilities, diagnostic and treatment and	10740
out-patient facilities, facilities related to programs for home	10741
health services, clinics, laboratories, public health centers,	10742
research facilities, and rehabilitation facilities, for or	10743
pertaining to diagnosis, treatment, care, or rehabilitation of	10744
sick, ill, injured, infirm, impaired, disabled, or handicapped	10745
persons, or the prevention, detection, and control of disease, and	10746
also includes education, training, and food service facilities for	10747
health professions personnel, housing facilities for such	10748
personnel and their families, and parking and service facilities	10749
in connection with any of the foregoing; and includes any one,	10750
part of, or any combination of the foregoing; and further includes	10751
site improvements, utilities, machinery, facilities, furnishings,	10752
and any separate or connected buildings, structures, improvements,	10753
sites, utilities, facilities, or equipment to be used in, or in	10754
connection with the operation or maintenance of, or supplementing	10755
or otherwise related to the services or facilities to be provided	10756
by, any one or more of such hospital facilities.	10757

(F) "Costs of hospital facilities" means the costs of	10758
acquiring hospital facilities or interests in hospital facilities,	10759
including membership interests in nonprofit hospital agencies,	10760
costs of constructing hospital facilities, costs of improving one	10761
or more hospital facilities, including reconstructing,	10762
rehabilitating, remodeling, renovating, and enlarging, costs of	10763
equipping and furnishing such facilities, and all financing costs	10764
pertaining thereto, including, without limitation thereto, costs	10765
of engineering, architectural, and other professional services,	10766
designs, plans, specifications and surveys, and estimates of cost,	10767
costs of tests and inspections, the costs of any indemnity or	10768
surety bonds and premiums on insurance, all related direct or	10769
allocable administrative expenses pertaining thereto, fees and	10770
expenses of trustees, depositories, and paying agents for the	10771
obligations, cost of issuance of the obligations and financing	10772
charges and fees and expenses of financial advisors, attorneys,	10773
accountants, consultants and rating services in connection	10774
therewith, capitalized interest on the obligations, amounts	10775
necessary to establish reserves as required by the bond	10776
proceedings, the reimbursement of all moneys advanced or applied	10777
by the hospital agency or others or borrowed from others for the	10778
payment of any item or items of costs of such facilities, and all	10779
other expenses necessary or incident to planning or determining	10780
feasibility or practicability with respect to such facilities, and	10781
such other expenses as may be necessary or incident to the	10782
acquisition, construction, reconstruction, rehabilitation,	10783
remodeling, renovation, enlargement, improvement, equipment, and	10784
furnishing of such facilities, the financing thereof, and the	10785
placing of the same in use and operation, including any one, part	10786
of, or combination of such classes of costs and expenses, and	10787
means the costs of refinancing obligations issued by, or	10788
reimbursement of money advanced by, nonprofit hospital agencies or	10789
others the proceeds of which were used for the payment of costs of	10790
hospital facilities, if the governing body of the public hospital	10791
agency determines that the refinancing or reimbursement advances	10792
the purposes of this chapter, whether or not the refinancing or	10793
reimbursement is in conjunction with the acquisition or	10794
construction of additional hospital facilities.	10795

(G) "Hospital receipts" means all moneys received by or on	10796
behalf of a hospital agency from or in connection with the	10797
ownership, operation, acquisition, construction, improvement,	10798
equipping, or financing of any hospital facilities, including,	10799
without limitation thereto, any rentals and other moneys received	10800
from the lease, sale, or other disposition of hospital facilities,	10801
and any gifts, grants, interest subsidies, or other moneys	10802
received under any federal program for assistance in financing the	10803
costs of hospital facilities, and any other gifts, grants, and	10804
donations, and receipts therefrom, available for financing the	10805
costs of hospital facilities.	10806

(H) "Obligations" means bonds, notes, or other evidences of	10807
indebtedness or obligation, including interest coupons pertaining	10808
thereto, issued or issuable by a public hospital agency to pay	10809
costs of hospital facilities.	10810

(I) "Bond service charges" means principal, interest, and	10811
call premium, if any, required to be paid on obligations.	10812

(J) "Bond proceedings" means one or more ordinances,	10813
resolutions, trust agreements, indentures, and other agreements or	10814
documents, and amendments and supplements to the foregoing, or any	10815
combination thereof, authorizing or providing for the terms,	10816
including any variable interest rates, and conditions applicable	10817
to, or providing for the security of, obligations and the	10818
provisions contained in such obligations.	10819

(K) "Nursing home" has the same meaning as in division (A)(1)	10820
of section 5701.13 of the Revised Code.	10821

(L) "Residential care facility" has the same meaning as in	10822
division (A)(2) of section 5701.13 of the Revised Code.	10823

(M) "Independent living facility" means any self-care	10824
facility or other housing facility designed or used as a residence	10825
for elderly persons. An "independent living facility" does not	10826
include a residential facility, or that part of a residential	10827
facility, that is any of the following:	10828

(1) A hospital required to be certified by section 3727.02 of	10829
the Revised Code;	10830

(2) A nursing home or residential care facility;

10831

(3) A facility operated by a hospice care program licensed	10832
under section 3712.04 of the Revised Code and used for the	10833
program's hospice patients;	10834

(4) A residential facility licensed by the department of	10835
~~mental health~~mental health and addiction services under section	10836
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	10837
supervision, and personal care services for three to sixteen	10838
unrelated adults;	10839

(5) A residential facility licensed by the department of	10840
~~mental health~~mental health and addiction services under section	10841
~~5119.22~~5119.34 of the Revised Code that is not a residential	10842
facility described in division (M)(4) of this section;	10843

(6) A facility licensed to provide methadone treatment under	10844
section ~~3793.11~~5119.39 of the Revised Code;	10845

(7) A facility certified as ~~an alcohol and drug~~a community	10846
addiction ~~program~~services provider under section ~~3793.06~~5119.36	10847
of the Revised Code;	10848

(8) A residential facility licensed under section 5123.19 of	10849
the Revised Code or a facility providing services under a contract	10850
with the department of developmental disabilities under section	10851
5123.18 of the Revised Code;	10852

(9) A residential facility used as part of a hospital to	10853
provide housing for staff of the hospital or students pursuing a	10854
course of study at the hospital.	10855

Sec. 140.03. (A) Two or more hospital agencies may enter	10856
into agreements for the acquisition, construction, reconstruction,	10857
rehabilitation, remodeling, renovating, enlarging, equipping, and	10858
furnishing of hospital facilities, or the management, operation,	10859
occupancy, use, maintenance, and repair of hospital facilities, or	10860
for participation in programs, projects, activities, and services	10861
useful to, connected with, supplementing, or otherwise related to	10862
the services provided by, or the operation of, hospital facilities	10863
operated by one or more participating hospital agencies, including	10864
any combination of such purposes, all in such manner as to promote	10865
the public purpose stated in section 140.02 of the Revised Code. A	10866
city health district; general health district; board of alcohol,	10867
drug addiction, and mental health services; county board of	10868
developmental disabilities; the department of ~~mental health~~mental	10869
health and addiction services; the department of developmental	10870
disabilities; or any public body engaged in the education or	10871
training of health professions personnel may join in any such	10872
agreement for purposes related to its authority under laws	10873
applicable to it, and as such a participant shall be considered a	10874
public hospital agency or hospital agency for the purposes of this	10875
section.	10876

(B) An agreement entered into under authority of this section	10877
shall, where appropriate, provide for:	10878

(1) The manner in which the title to the hospital facilities,	10879
including the sites and interest in real estate pertaining	10880
thereto, is to be held, transferred, or disposed of;	10881

(2) Unless provided for by lease pursuant to section 140.05	10882
of the Revised Code, the method by which such hospital facilities	10883
are to be acquired, constructed, or otherwise improved and by	10884
which they shall be managed, occupied, maintained, and repaired,	10885
including the designation of one of the hospital agencies to have	10886
charge of the details of acquisition, construction, or improvement	10887
pursuant to the contracting procedures prescribed under the law	10888
applicable to one of the participating public hospital agencies;	10889

(3) The management or administration of any such programs,	10890
projects, activities, or services, which may include management or	10891
administration by one of said hospital agencies or a board or	10892
agency thereof;	10893

(4) Annual, or more frequent, reports to the participating	10894
hospital agencies as to the revenues and receipts pertaining to	10895
the subject of the agreement, the expenditures thereof, the status	10896
and application of other funds contributed under such agreement,	10897
and such other matters as may be specified by or pursuant to such	10898
agreement;	10899

(5) The manner of apportionment or sharing of costs of	10900
hospital facilities, any other applicable costs of management,	10901
operation, maintenance, and repair of hospital facilities, and	10902
costs for the programs, projects, activities, and services forming	10903
the subject of the agreement, which apportionment or sharing may	10904
be prescribed in fixed amounts, or determined by ratios, formulas,	10905
or otherwise, and paid as service charges, rentals, or in such	10906
other manner as provided in the agreement, and may include amounts	10907
sufficient to meet the bond service charges and other payments and	10908
deposits required under the bond proceedings for obligations	10909
issued to pay costs of hospital facilities. A hospital agency may	10910
commit itself to make such payments at least for so long as any	10911
such obligations are outstanding. In the apportionment, different	10912
classes of costs or expenses may be apportioned to one or more,	10913
all or less than all, of the participating hospital agencies as	10914
determined under such agreement.	10915

(C) An agreement entered into under authority of this section	10916
may provide for:	10917

(1) An orderly process for making determinations or advising	10918
as to planning, execution, implementation, and operation, which	10919
may include designating one of the hospital agencies, or a board	10920
thereof, for any of such purposes, provisions for a committee,	10921
board, or commission, and for representation thereon, or as may	10922
otherwise be provided;	10923

(2) Securing necessary personnel, including participation of	10924
personnel from the respective hospital agencies;	10925

(3) Standards or conditions for the admission or	10926
participation of patients and physicians;	10927

(4) Conditions for admittance of other hospital agencies to	10928
participation under the agreement;	10929

(5) Fixing or establishing the method of determining charges	10930
to be made for particular services;	10931

(6) The manner of amending, supplementing, terminating, or	10932
withdrawal or removal of any party from, the agreement, and the	10933
term of the agreement, or an indefinite term;	10934

(7) Designation of the applicants for or recipients of any	10935
federal, state, or other aid, assistance, or loans available by	10936
reason of any activities conducted under the agreement;	10937

(8) Designation of one or more of the participating hospital	10938
agencies to maintain, prepare, and submit, on behalf of all	10939
parties to the agreement, any or all records and reports with	10940
regard to the activities conducted under the agreement;	10941

(9) Any incidental use of the hospital facilities, or	10942
services thereof, by participating public hospital agencies for	10943
any of their lawful purposes, which incidental use does not impair	10944
the character of the facilities as hospital facilities for any	10945
purpose of this chapter;	10946

(10) Such other matters as the parties thereto may agree upon	10947
for the purposes of division (A) of this section.	10948

(D) For the purpose of paying or contributing its share under	10949
an agreement made under this section, a public hospital agency	10950
may:	10951

(1) Expend any moneys from its general fund, and from any	10952
other funds not otherwise restricted by law, but including funds	10953
for permanent improvements of hospital facilities of such public	10954
hospital agency where the contribution is to be made toward the	10955
costs of hospital facilities under the agreement, and including	10956
funds derived from levies for, or receipts available for,	10957
operating expenses of hospital facilities or services of such	10958
public hospital agency where the contribution or payment is to be	10959
made toward operating expenses of the hospital facilities or	10960
services under the agreement or for the services provided thereby;	10961

(2) Issue obligations under Chapter 133. or section 140.06,	10962
339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or Section	10963
3 of Article XVIII, Ohio Constitution, if applicable to such	10964
public hospital agency, to pay costs of hospital facilities, or	10965
issue obligations under any other provision of law authorizing	10966
such public hospital agency to issue obligations for any costs of	10967
hospital facilities;	10968

(3) Levy taxes under Chapter 5705. or section 513.13 or	10969
3709.29 of the Revised Code, if applicable to such public hospital	10970
agency, provided that the purpose of such levy may include the	10971
provision of funds for either or both permanent improvements and	10972
current expenses if required for the contribution or payment of	10973
such hospital agency under such agreement, and each such public	10974
hospital agency may issue notes in anticipation of any such levy,	10975
pursuant to the procedures provided in section 5705.191 of the	10976
Revised Code if the levy is solely for current expenses, and in	10977
section 5705.193 of the Revised Code if the levy is all or in part	10978
for permanent improvements;	10979

(4) Contribute real and personal property or interest therein	10980
without necessity for competitive bidding or public auction on	10981
disposition of such property.	10982

(E) Any funds provided by public hospital agencies that are	10983
parties to an agreement entered into under this section shall be	10984
transferred to and placed in a separate fund or funds of such	10985
participating public hospital agency as is designated under the	10986
agreement. The funds shall be applied for the purposes provided in	10987
such agreement and are subject to audit. Pursuant to any	10988
determinations to be made under such agreement, the funds shall be	10989
deposited, invested, and disbursed under the provisions of law	10990
applicable to the public hospital agency in whose custody the	10991
funds are held. This division is subject to the provisions of any	10992
applicable bond proceedings under section 133.08, 140.06, 339.15,	10993
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio	10994
Constitution. The records and reports of such public hospital	10995
agency under Chapter 117. of the Revised Code and sections 3702.51	10996
to 3702.62 of the Revised Code, with respect to the funds shall be	10997
sufficient without necessity for reports thereon by the other	10998
public hospital agencies participating under such agreement.	10999

(F)(1) Prior to its entry into any such agreement, the public	11000
hospital agency must determine, and set forth in a resolution or	11001
ordinance, that the contribution to be made by it under such	11002
agreement will be fair consideration for value and benefit to be	11003
derived by it under such agreement and that the agreement will	11004
promote the public purpose stated in section 140.02 of the Revised	11005
Code.	11006

(2) If the agreement is with a board of county commissioners,	11007
board of county hospital trustees, or county hospital commission	11008
and is an initial agreement for the acquisition or operation of a	11009
county hospital operated by a board of county hospital trustees	11010
under section 339.06 of the Revised Code, the governing body of	11011
the public hospital agency shall submit the agreement, accompanied	11012
by the resolution or ordinance, to the board of county	11013
commissioners for review pursuant to section 339.091 of the	11014
Revised Code. The agreement may be entered into only if the board	11015
of county commissioners adopts a resolution under that section.	11016
The requirements of division (F)(2) of this section do not apply	11017
to the agreement if one or more hospitals classified as general	11018
hospitals by the director of health under section 3701.07 of the	11019
Revised Code are operating in the same county as the county	11020
hospital.	11021

Sec. 140.05. (A)(1) A public hospital agency may lease any	11022
hospital facility to one or more hospital agencies for use as a	11023
hospital facility, or to one or more city or general health	11024
districts; boards of alcohol, drug addiction, and mental health	11025
services; county boards of developmental disabilities; the	11026
department of ~~mental health~~mental health and addiction services;	11027
or the department of developmental disabilities, for uses which	11028
they are authorized to make thereof under the laws applicable to	11029
them, or any combination of them, and they may lease such	11030
facilities to or from a hospital agency for such uses, upon such	11031
terms and conditions as are agreed upon by the parties. Such lease	11032
may be for a term of fifty years or less and may provide for an	11033
option of the lessee to renew for a term of fifty years or less,	11034
as therein set forth. Prior to entering into such lease, the	11035
governing body of any public hospital agency granting such lease	11036
must determine, and set forth in a resolution or ordinance, that	11037
such lease will promote the public purpose stated in section	11038
140.02 of the Revised Code and that the lessor public hospital	11039
agency will be duly benefited thereby.	11040

(2) If the lease is with a board of county commissioners,	11041
board of county hospital trustees, or county hospital commission	11042
and is an agreement for the initial lease of a county hospital	11043
operated by a board of county hospital trustees under section	11044
339.06 of the Revised Code, the governing body of the public	11045
hospital agency shall submit the agreement, accompanied by the	11046
resolution or ordinance, to the board of county commissioners for	11047
review pursuant to section 339.091 of the Revised Code. The	11048
agreement may be entered into only if the board of county	11049
commissioners adopts a resolution under that section. The	11050
requirements of division (A)(2) of this section do not apply to	11051
the lease if one or more hospitals classified as general hospitals	11052
by the director of health under section 3701.07 of the Revised	11053
Code are operating in the same county as the county hospital.	11054

(B) Any lease entered into pursuant to this section shall	11055
provide that in the event that the lessee fails faithfully and	11056
efficiently to administer, maintain, and operate such leased	11057
facilities as hospital facilities, or fails to provide the	11058
services thereof without regard to race, creed, color, or national	11059
origin, or fails to require that any hospital agency using such	11060
facilities or the services thereof shall not discriminate by	11061
reason of race, creed, color, or national origin, after an	11062
opportunity to be heard upon written charges, said lease may be	11063
terminated at the time, in the manner and with consequences	11064
therein provided. If any such lease does not contain terms to the	11065
effect provided in this division, it shall nevertheless be deemed	11066
to contain such terms which shall be implemented as determined by	11067
the governing body of the lessor.	11068

(C) Such lease may provide for rentals commencing at any time	11069
agreed upon, or advance rental, and continuing for such period	11070
therein provided, notwithstanding and without diminution, rebate,	11071
or setoff by reason of time of availability of the hospital	11072
facility for use, delays in construction, failure of completion,	11073
damage or destruction of the hospital facilities, or for any other	11074
reason.	11075

(D) Such lease may provide for the sale or transfer of title	11076
of the leased facilities pursuant to an option to purchase,	11077
lease-purchase, or installment purchase upon terms therein	11078
provided or to be determined as therein provided, which may	11079
include provision for the continued use thereof as a hospital	11080
facility for some reasonable period, taking into account efficient	11081
useful life and other factors, as is provided therein.	11082

(E) Such lease may be entered as part of or in connection	11083
with an agreement pursuant to section 140.03 of the Revised Code.	11084
Any hospital facilities which are the subject of an agreement	11085
entered into under section 140.03 of the Revised Code may be	11086
leased pursuant to this section.	11087

(F) If land acquired by a public hospital agency for a	11088
hospital facility is adjacent to an existing hospital facility	11089
owned by another hospital agency, the public hospital agency may,	11090
in connection with such acquisition or the leasing of such land	11091
and hospital facilities thereon to one or more hospital agencies,	11092
enter into an agreement with the hospital agency which owns such	11093
adjacent hospital facility for the use of common walls in the	11094
construction, operation, or maintenance of hospital facilities of	11095
the public hospital agency. For the purpose of construction,	11096
operation, or maintenance of hospital facilities, a public	11097
hospital agency may acquire by purchase, gift, lease, lease with	11098
option to purchase, lease-purchase, or installment purchase,	11099
easement deed, or other agreement, real estate and interests in	11100
real estate, including rights to use space over, under or upon	11101
real property owned by others, and support, access, common wall,	11102
and other rights in connection therewith. Any public hospital	11103
agency or other political subdivision or any public agency, board,	11104
commission, institution, body, or instrumentality may grant such	11105
real estate, interests, or rights to any hospital agency upon such	11106
terms as are agreed upon without necessity for competitive bidding	11107
or public auction.	11108

Sec. 145.01. As used in this chapter:

11109

(A) "Public employee" means:

11110

(1) Any person holding an office, not elective, under the	11111
state or any county, township, municipal corporation, park	11112
district, conservancy district, sanitary district, health	11113
district, metropolitan housing authority, state retirement board,	11114
Ohio historical society, public library, county law library, union	11115
cemetery, joint hospital, institutional commissary, state	11116
university, or board, bureau, commission, council, committee,	11117
authority, or administrative body as the same are, or have been,	11118
created by action of the general assembly or by the legislative	11119
authority of any of the units of local government named in	11120
division (A)(1) of this section, or employed and paid in whole or	11121
in part by the state or any of the authorities named in division	11122
(A)(1) of this section in any capacity not covered by section	11123
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	11124

(2) A person who is a member of the public employees	11125
retirement system and who continues to perform the same or similar	11126
duties under the direction of a contractor who has contracted to	11127
take over what before the date of the contract was a publicly	11128
operated function. The governmental unit with which the contract	11129
has been made shall be deemed the employer for the purposes of	11130
administering this chapter.	11131

(3) Any person who is an employee of a public employer,	11132
notwithstanding that the person's compensation for that employment	11133
is derived from funds of a person or entity other than the	11134
employer. Credit for such service shall be included as total	11135
service credit, provided that the employee makes the payments	11136
required by this chapter, and the employer makes the payments	11137
required by sections 145.48 and 145.51 of the Revised Code.	11138

(4) A person who elects in accordance with section 145.015 of	11139
the Revised Code to remain a contributing member of the public	11140
employees retirement system.	11141

(5) A person who is an employee of the legal rights service	11142
on September 30, 2012, and continues to be employed by the	11143
nonprofit entity established under Section 319.20 of Am. Sub. H.B.	11144
153 of the 129th general assembly. The nonprofit entity is the	11145
employer for the purpose of this chapter.	11146

In all cases of doubt, the public employees retirement board	11147
shall determine under section 145.036, 145.037, or 145.038 of the	11148
Revised Code whether any person is a public employee, and its	11149
decision is final.	11150

(B) "Member" means any public employee, other than a public	11151
employee excluded or exempted from membership in the retirement	11152
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	11153
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	11154
retirant who becomes a member under division (C) of section 145.38	11155
of the Revised Code. "Member" also includes a disability benefit	11156
recipient.	11157

(C) "Head of the department" means the elective or appointive	11158
head of the several executive, judicial, and administrative	11159
departments, institutions, boards, and commissions of the state	11160
and local government as the same are created and defined by the	11161
laws of this state or, in case of a charter government, by that	11162
charter.	11163

(D) "Employer" or "public employer" means the state or any	11164
county, township, municipal corporation, park district,	11165
conservancy district, sanitary district, health district,	11166
metropolitan housing authority, state retirement board, Ohio	11167
historical society, public library, county law library, union	11168
cemetery, joint hospital, institutional commissary, state medical	11169
university, state university, or board, bureau, commission,	11170
council, committee, authority, or administrative body as the same	11171
are, or have been, created by action of the general assembly or by	11172
the legislative authority of any of the units of local government	11173
named in this division not covered by section 742.01, 3307.01,	11174
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	11175
means the employer of any public employee.	11176

(E) "Prior military service" also means all service credited	11177
for active duty with the armed forces of the United States as	11178
provided in section 145.30 of the Revised Code.	11179

(F) "Contributor" means any person who has an account in the	11180
employees' savings fund created by section 145.23 of the Revised	11181
Code. When used in the sections listed in division (B) of section	11182
145.82 of the Revised Code, "contributor" includes any person	11183
participating in a PERS defined contribution plan.	11184

(G) "Beneficiary" or "beneficiaries" means the estate or a	11185
person or persons who, as the result of the death of a member,	11186
contributor, or retirant, qualify for or are receiving some right	11187
or benefit under this chapter.	11188

(H)(1) "Total service credit," except as provided in section	11189
145.37 of the Revised Code, means all service credited to a member	11190
of the retirement system since last becoming a member, including	11191
restored service credit as provided by section 145.31 of the	11192
Revised Code; credit purchased under sections 145.293 and 145.299	11193
of the Revised Code; all the member's military service credit	11194
computed as provided in this chapter; all service credit	11195
established pursuant to section 145.297 of the Revised Code; and	11196
any other service credited under this chapter. For the exclusive	11197
purpose of satisfying the service credit requirement and of	11198
determining eligibility for benefits under sections 145.32,	11199
145.33, 145.331, 145.332, 145.35, 145.36, and 145.361 of the	11200
Revised Code, "five or more years of total service credit" means	11201
sixty or more calendar months of contributing service in this	11202
system.	11203

(2) "One and one-half years of contributing service credit,"	11204
as used in division (B) of section 145.45 of the Revised Code,	11205
also means eighteen or more calendar months of employment by a	11206
municipal corporation that formerly operated its own retirement	11207
plan for its employees or a part of its employees, provided that	11208
all employees of that municipal retirement plan who have eighteen	11209
or more months of such employment, upon establishing membership in	11210
the public employees retirement system, shall make a payment of	11211
the contributions they would have paid had they been members of	11212
this system for the eighteen months of employment preceding the	11213
date membership was established. When that payment has been made	11214
by all such employee members, a corresponding payment shall be	11215
paid into the employers' accumulation fund by that municipal	11216
corporation as the employer of the employees.	11217

(3) Where a member also is a member of the state teachers	11218
retirement system or the school employees retirement system, or	11219
both, except in cases of retirement on a combined basis pursuant	11220
to section 145.37 of the Revised Code or as provided in section	11221
145.383 of the Revised Code, service credit for any period shall	11222
be credited on the basis of the ratio that contributions to the	11223
public employees retirement system bear to total contributions in	11224
all state retirement systems.	11225

(4) Not more than one year of credit may be given for any	11226
period of twelve months.	11227

(5) "Ohio service credit" means credit for service that was	11228
rendered to the state or any of its political subdivisions or any	11229
employer.	11230

(I) "Regular interest" means interest at any rates for the	11231
respective funds and accounts as the public employees retirement	11232
board may determine from time to time.	11233

(J) "Accumulated contributions" means the sum of all amounts	11234
credited to a contributor's individual account in the employees'	11235
savings fund together with any interest credited to the	11236
contributor's account under section 145.471 or 145.472 of the	11237
Revised Code.	11238

(K)(1) "Final average salary" means the greater of the	11239
following:	11240

(a) The sum of the member's earnable salaries for the	11241
appropriate number of calendar years of contributing service,	11242
determined under section 145.017 of the Revised Code, in which the	11243
member's earnable salary was highest, divided by the same number	11244
of calendar years or, if the member has fewer than the appropriate	11245
number of calendar years of contributing service, the total of the	11246
member's earnable salary for all years of contributing service	11247
divided by the number of calendar years of the member's	11248
contributing service;	11249

(b) The sum of a member's earnable salaries for the	11250
appropriate number of consecutive months, determined under section	11251
145.017 of the Revised Code, that were the member's last months of	11252
service, up to and including the last month, divided by the	11253
appropriate number of years or, if the time between the first and	11254
final months of service is less than the appropriate number of	11255
consecutive months, the total of the member's earnable salary for	11256
all months of contributing service divided by the number of years	11257
between the first and final months of contributing service,	11258
including any fraction of a year, except that the member's final	11259
average salary shall not exceed the member's highest earnable	11260
salary for any twelve consecutive months.	11261

(2) If contributions were made in only one calendar year,	11262
"final average salary" means the member's total earnable salary.	11263

(L) "Annuity" means payments for life derived from	11264
contributions made by a contributor and paid from the annuity and	11265
pension reserve fund as provided in this chapter. All annuities	11266
shall be paid in twelve equal monthly installments.	11267

(M) "Annuity reserve" means the present value, computed upon	11268
the basis of the mortality and other tables adopted by the board,	11269
of all payments to be made on account of any annuity, or benefit	11270
in lieu of any annuity, granted to a retirant as provided in this	11271
chapter.	11272

(N)(1) "Disability retirement" means retirement as provided	11273
in section 145.36 of the Revised Code.	11274

(2) "Disability allowance" means an allowance paid on account	11275
of disability under section 145.361 of the Revised Code.	11276

(3) "Disability benefit" means a benefit paid as disability	11277
retirement under section 145.36 of the Revised Code, as a	11278
disability allowance under section 145.361 of the Revised Code, or	11279
as a disability benefit under section 145.37 of the Revised Code.	11280

(4) "Disability benefit recipient" means a member who is	11281
receiving a disability benefit.	11282

(O) "Age and service retirement" means retirement as provided	11283
in sections 145.32, 145.33, 145.331, 145.332, 145.37, and 145.46	11284
and former section 145.34 of the Revised Code.	11285

(P) "Pensions" means annual payments for life derived from	11286
contributions made by the employer that at the time of retirement	11287
are credited into the annuity and pension reserve fund from the	11288
employers' accumulation fund and paid from the annuity and pension	11289
reserve fund as provided in this chapter. All pensions shall be	11290
paid in twelve equal monthly installments.	11291

(Q) "Retirement allowance" means the pension plus that	11292
portion of the benefit derived from contributions made by the	11293
member.	11294

(R)(1) Except as otherwise provided in division (R) of this	11295
section, "earnable salary" means all salary, wages, and other	11296
earnings paid to a contributor by reason of employment in a	11297
position covered by the retirement system. The salary, wages, and	11298
other earnings shall be determined prior to determination of the	11299
amount required to be contributed to the employees' savings fund	11300
under section 145.47 of the Revised Code and without regard to	11301
whether any of the salary, wages, or other earnings are treated as	11302
deferred income for federal income tax purposes. "Earnable salary"	11303
includes the following:	11304

(a) Payments made by the employer in lieu of salary, wages,	11305
or other earnings for sick leave, personal leave, or vacation used	11306
by the contributor;	11307

(b) Payments made by the employer for the conversion of sick	11308
leave, personal leave, and vacation leave accrued, but not used if	11309
the payment is made during the year in which the leave is accrued,	11310
except that payments made pursuant to section 124.383 or 124.386	11311
of the Revised Code are not earnable salary;	11312

(c) Allowances paid by the employer for maintenance,	11313
consisting of housing, laundry, and meals, as certified to the	11314
retirement board by the employer or the head of the department	11315
that employs the contributor;	11316

(d) Fees and commissions paid under section 507.09 of the	11317
Revised Code;	11318

(e) Payments that are made under a disability leave program	11319
sponsored by the employer and for which the employer is required	11320
by section 145.296 of the Revised Code to make periodic employer	11321
and employee contributions;	11322

(f) Amounts included pursuant to former division (K)(3) and	11323
former division (Y) of this section and section 145.2916 of the	11324
Revised Code.	11325

(2) "Earnable salary" does not include any of the following:

11326

(a) Fees and commissions, other than those paid under section	11327
507.09 of the Revised Code, paid as sole compensation for personal	11328
services and fees and commissions for special services over and	11329
above services for which the contributor receives a salary;	11330

(b) Amounts paid by the employer to provide life insurance,	11331
sickness, accident, endowment, health, medical, hospital, dental,	11332
or surgical coverage, or other insurance for the contributor or	11333
the contributor's family, or amounts paid by the employer to the	11334
contributor in lieu of providing the insurance;	11335

(c) Incidental benefits, including lodging, food, laundry,	11336
parking, or services furnished by the employer, or use of the	11337
employer's property or equipment, or amounts paid by the employer	11338
to the contributor in lieu of providing the incidental benefits;	11339

(d) Reimbursement for job-related expenses authorized by the	11340
employer, including moving and travel expenses and expenses	11341
related to professional development;	11342

(e) Payments for accrued but unused sick leave, personal	11343
leave, or vacation that are made at any time other than in the	11344
year in which the sick leave, personal leave, or vacation was	11345
accrued;	11346

(f) Payments made to or on behalf of a contributor that are	11347
in excess of the annual compensation that may be taken into	11348
account by the retirement system under division (a)(17) of section	11349
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	11350
U.S.C.A. 401(a)(17), as amended;	11351

(g) Payments made under division (B), (C), or (E) of section	11352
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	11353
No. 3 of the 119th general assembly, Section 3 of Amended	11354
Substitute Senate Bill No. 164 of the 124th general assembly, or	11355
Amended Substitute House Bill No. 405 of the 124th general	11356
assembly;	11357

(h) Anything of value received by the contributor that is	11358
based on or attributable to retirement or an agreement to retire,	11359
except that payments made on or before January 1, 1989, that are	11360
based on or attributable to an agreement to retire shall be	11361
included in earnable salary if both of the following apply:	11362

(i) The payments are made in accordance with contract	11363
provisions that were in effect prior to January 1, 1986;	11364

(ii) The employer pays the retirement system an amount	11365
specified by the retirement board equal to the additional	11366
liability resulting from the payments.	11367

(i) The portion of any amount included in section 145.2916 of	11368
the Revised Code that represents employer contributions.	11369

(3) The retirement board shall determine by rule whether any	11370
compensation not enumerated in division (R) of this section is	11371
earnable salary, and its decision shall be final.	11372

(S) "Pension reserve" means the present value, computed upon	11373
the basis of the mortality and other tables adopted by the board,	11374
of all payments to be made on account of any retirement allowance	11375
or benefit in lieu of any retirement allowance, granted to a	11376
member or beneficiary under this chapter.	11377

(T) "Contributing service" means both of the following:

11378

(1) All service credited to a member of the system since	11379
January 1, 1935, for which contributions are made as required by	11380
sections 145.47, 145.48, and 145.483 of the Revised Code. In any	11381
year subsequent to 1934, credit for any service shall be allowed	11382
in accordance with section 145.016 of the Revised Code.	11383

(2) Service credit received by election of the member under	11384
section 145.814 of the Revised Code.	11385

(U) "State retirement board" means the public employees	11386
retirement board, the school employees retirement board, or the	11387
state teachers retirement board.	11388

(V) "Retirant" means any former member who retires and is	11389
receiving a monthly allowance as provided in sections 145.32,	11390
145.33, 145.331, 145.332, and 145.46 and former section 145.34 of	11391
the Revised Code.	11392

(W) "Employer contribution" means the amount paid by an	11393
employer as determined under section 145.48 of the Revised Code.	11394

(X) "Public service terminates" means the last day for which	11395
a public employee is compensated for services performed for an	11396
employer or the date of the employee's death, whichever occurs	11397
first.	11398

(Y) "Five years of service credit," for the exclusive purpose	11399
of satisfying the service credit requirements and of determining	11400
eligibility under section 145.33 or 145.332 of the Revised Code,	11401
means employment covered under this chapter or under a former	11402
retirement plan operated, recognized, or endorsed by the employer	11403
prior to coverage under this chapter or under a combination of the	11404
coverage.	11405

(Z) "Deputy sheriff" means any person who is commissioned and	11406
employed as a full-time peace officer by the sheriff of any	11407
county, and has been so employed since on or before December 31,	11408
1965; any person who is or has been commissioned and employed as a	11409
peace officer by the sheriff of any county since January 1, 1966,	11410
and who has received a certificate attesting to the person's	11411
satisfactory completion of the peace officer training school as	11412
required by section 109.77 of the Revised Code; or any person	11413
deputized by the sheriff of any county and employed pursuant to	11414
section 2301.12 of the Revised Code as a criminal bailiff or court	11415
constable who has received a certificate attesting to the person's	11416
satisfactory completion of the peace officer training school as	11417
required by section 109.77 of the Revised Code.	11418

(AA) "Township constable or police officer in a township	11419
police department or district" means any person who is	11420
commissioned and employed as a full-time peace officer pursuant to	11421
Chapter 505. or 509. of the Revised Code, who has received a	11422
certificate attesting to the person's satisfactory completion of	11423
the peace officer training school as required by section 109.77 of	11424
the Revised Code.	11425

(BB) "Drug agent" means any person who is either of the	11426
following:	11427

(1) Employed full time as a narcotics agent by a county	11428
narcotics agency created pursuant to section 307.15 of the Revised	11429
Code and has received a certificate attesting to the satisfactory	11430
completion of the peace officer training school as required by	11431
section 109.77 of the Revised Code;	11432

(2) Employed full time as an undercover drug agent as defined	11433
in section 109.79 of the Revised Code and is in compliance with	11434
section 109.77 of the Revised Code.	11435

(CC) "Department of public safety enforcement agent" means a	11436
full-time employee of the department of public safety who is	11437
designated under section 5502.14 of the Revised Code as an	11438
enforcement agent and who is in compliance with section 109.77 of	11439
the Revised Code.	11440

(DD) "Natural resources law enforcement staff officer" means	11441
a full-time employee of the department of natural resources who is	11442
designated a natural resources law enforcement staff officer under	11443
section 1501.013 of the Revised Code and is in compliance with	11444
section 109.77 of the Revised Code.	11445

(EE) "Park officer" means a full-time employee of the	11446
department of natural resources who is designated a park officer	11447
under section 1541.10 of the Revised Code and is in compliance	11448
with section 109.77 of the Revised Code.	11449

(FF) "Forest officer" means a full-time employee of the	11450
department of natural resources who is designated a forest officer	11451
under section 1503.29 of the Revised Code and is in compliance	11452
with section 109.77 of the Revised Code.	11453

(GG) "Preserve officer" means a full-time employee of the	11454
department of natural resources who is designated a preserve	11455
officer under section 1517.10 of the Revised Code and is in	11456
compliance with section 109.77 of the Revised Code.	11457

(HH) "Wildlife officer" means a full-time employee of the	11458
department of natural resources who is designated a wildlife	11459
officer under section 1531.13 of the Revised Code and is in	11460
compliance with section 109.77 of the Revised Code.	11461

(II) "State watercraft officer" means a full-time employee of	11462
the department of natural resources who is designated a state	11463
watercraft officer under section 1547.521 of the Revised Code and	11464
is in compliance with section 109.77 of the Revised Code.	11465

(JJ) "Park district police officer" means a full-time	11466
employee of a park district who is designated pursuant to section	11467
511.232 or 1545.13 of the Revised Code and is in compliance with	11468
section 109.77 of the Revised Code.	11469

(KK) "Conservancy district officer" means a full-time	11470
employee of a conservancy district who is designated pursuant to	11471
section 6101.75 of the Revised Code and is in compliance with	11472
section 109.77 of the Revised Code.	11473

(LL) "Municipal police officer" means a member of the	11474
organized police department of a municipal corporation who is	11475
employed full time, is in compliance with section 109.77 of the	11476
Revised Code, and is not a member of the Ohio police and fire	11477
pension fund.	11478

(MM) "Veterans' home police officer" means any person who is	11479
employed at a veterans' home as a police officer pursuant to	11480
section 5907.02 of the Revised Code and is in compliance with	11481
section 109.77 of the Revised Code.	11482

(NN) "Special police officer for a mental health institution"	11483
means any person who is designated as such pursuant to section	11484
~~5119.14~~5119.08 of the Revised Code and is in compliance with	11485
section 109.77 of the Revised Code.	11486

(OO) "Special police officer for an institution for the	11487
developmentally disabled" means any person who is designated as	11488
such pursuant to section 5123.13 of the Revised Code and is in	11489
compliance with section 109.77 of the Revised Code.	11490

(PP) "State university law enforcement officer" means any	11491
person who is employed full time as a state university law	11492
enforcement officer pursuant to section 3345.04 of the Revised	11493
Code and who is in compliance with section 109.77 of the Revised	11494
Code.	11495

(QQ) "House sergeant at arms" means any person appointed by	11496
the speaker of the house of representatives under division (B)(1)	11497
of section 101.311 of the Revised Code who has arrest authority	11498
under division (E)(1) of that section.	11499

(RR) "Assistant house sergeant at arms" means any person	11500
appointed by the house sergeant at arms under division (C)(1) of	11501
section 101.311 of the Revised Code.	11502

(SS) "Regional transit authority police officer" means a	11503
person who is employed full time as a regional transit authority	11504
police officer under division (Y) of section 306.35 of the Revised	11505
Code and is in compliance with section 109.77 of the Revised Code.	11506

(TT) "State highway patrol police officer" means a special	11507
police officer employed full time and designated by the	11508
superintendent of the state highway patrol pursuant to section	11509
5503.09 of the Revised Code or a person serving full time as a	11510
special police officer pursuant to that section on a permanent	11511
basis on October 21, 1997, who is in compliance with section	11512
109.77 of the Revised Code.	11513

(UU) "Municipal public safety director" means a person who	11514
serves full time as the public safety director of a municipal	11515
corporation with the duty of directing the activities of the	11516
municipal corporation's police department and fire department.	11517

(VV) Notwithstanding section 2901.01 of the Revised Code,	11518
"PERS law enforcement officer" means a sheriff or any of the	11519
following whose primary duties are to preserve the peace, protect	11520
life and property, and enforce the laws of this state: a deputy	11521
sheriff, township constable or police officer in a township police	11522
department or district, drug agent, department of public safety	11523
enforcement agent, natural resources law enforcement staff	11524
officer, park officer, forest officer, preserve officer, wildlife	11525
officer, state watercraft officer, park district police officer,	11526
conservancy district officer, veterans' home police officer,	11527
special police officer for a mental health institution, special	11528
police officer for an institution for the developmentally	11529
disabled, state university law enforcement officer, municipal	11530
police officer, house sergeant at arms, assistant house sergeant	11531
at arms, regional transit authority police officer, or state	11532
highway patrol police officer. "PERS law enforcement officer" also	11533
includes a person serving as a municipal public safety director at	11534
any time during the period from September 29, 2005, to March 24,	11535
2009, if the duties of that service were to preserve the peace,	11536
protect life and property, and enforce the laws of this state.	11537

(WW) "Hamilton county municipal court bailiff" means a person	11538
appointed by the clerk of courts of the Hamilton county municipal	11539
court under division (A)(3) of section 1901.32 of the Revised Code	11540
who is employed full time as a bailiff or deputy bailiff, who has	11541
received a certificate attesting to the person's satisfactory	11542
completion of the peace officer basic training described in	11543
division (D)(1) of section 109.77 of the Revised Code.	11544

(XX) "PERS public safety officer" means a Hamilton county	11545
municipal court bailiff, or any of the following whose primary	11546
duties are other than to preserve the peace, protect life and	11547
property, and enforce the laws of this state: a deputy sheriff,	11548
township constable or police officer in a township police	11549
department or district, drug agent, department of public safety	11550
enforcement agent, natural resources law enforcement staff	11551
officer, park officer, forest officer, preserve officer, wildlife	11552
officer, state watercraft officer, park district police officer,	11553
conservancy district officer, veterans' home police officer,	11554
special police officer for a mental health institution, special	11555
police officer for an institution for the ~~mentally retarded and~~	11556
developmentally disabled, state university law enforcement	11557
officer, municipal police officer, house sergeant at arms,	11558
assistant house sergeant at arms, regional transit authority	11559
police officer, or state highway patrol police officer. "PERS	11560
public safety officer" also includes a person serving as a	11561
municipal public safety director at any time during the period	11562
from September 29, 2005, to March 24, 2009, if the duties of that	11563
service were other than to preserve the peace, protect life and	11564
property, and enforce the laws of this state.	11565

(YY) "Fiduciary" means a person who does any of the	11566
following:	11567

(1) Exercises any discretionary authority or control with	11568
respect to the management of the system or with respect to the	11569
management or disposition of its assets;	11570

(2) Renders investment advice for a fee, direct or indirect,	11571
with respect to money or property of the system;	11572

(3) Has any discretionary authority or responsibility in the	11573
administration of the system.	11574

(ZZ) "Actuary" means an individual who satisfies all of the	11575
following requirements:	11576

(1) Is a member of the American academy of actuaries;

11577

(2) Is an associate or fellow of the society of actuaries;

11578

(3) Has a minimum of five years' experience in providing	11579
actuarial services to public retirement plans.	11580

(AAA) "PERS defined benefit plan" means the plan described in	11581
sections 145.201 to 145.79 of the Revised Code.	11582

(BBB) "PERS defined contribution plans" means the plan or	11583
plans established under section 145.81 of the Revised Code.	11584

Sec. 145.012. (A) "Public employee," as defined in division	11585
(A) of section 145.01 of the Revised Code, does not include any	11586
person:	11587

(1) Who is employed by a private, temporary-help service and	11588
performs services under the direction of a public employer or is	11589
employed on a contractual basis as an independent contractor under	11590
a personal service contract with a public employer;	11591

(2) Who is an emergency employee serving on a temporary basis	11592
in case of fire, snow, earthquake, flood, or other similar	11593
emergency;	11594

(3) Who is employed in a program established pursuant to the	11595
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.	11596
1501;	11597

(4) Who is an appointed member of either the motor vehicle	11598
salvage dealers board or the motor vehicle dealer's board whose	11599
rate and method of payment are determined pursuant to division (J)	11600
of section 124.15 of the Revised Code;	11601

(5) Who is employed as an election worker and paid less than	11602
five hundred dollars per calendar year for that service;	11603

(6) Who is employed as a firefighter in a position requiring	11604
satisfactory completion of a firefighter training course approved	11605
under former section 3303.07 or section 4765.55 of the Revised	11606
Code or conducted under section 3737.33 of the Revised Code except	11607
for the following:	11608

(a) Any firefighter who has elected under section 145.013 of	11609
the Revised Code to remain a contributing member of the public	11610
employees retirement system;	11611

(b) Any firefighter who was eligible to transfer from the	11612
public employees retirement system to the Ohio police and fire	11613
pension fund under section 742.51 or 742.515 of the Revised Code	11614
and did not elect to transfer;	11615

(c) Any firefighter who has elected under section 742.516 of	11616
the Revised Code to transfer from the Ohio police and fire pension	11617
fund to the public employees retirement system.	11618

(7) Who is a member of the board of health of a city or	11619
general health district, which pursuant to sections 3709.051 and	11620
3709.07 of the Revised Code includes a combined health district,	11621
and whose compensation for attendance at meetings of the board is	11622
set forth in division (B) of section 3709.02 or division (B) of	11623
section 3709.05 of the Revised Code, as appropriate;	11624

(8) Who participates in an alternative retirement plan	11625
established under Chapter 3305. of the Revised Code;	11626

(9) Who is a member of the board of directors of a sanitary	11627
district established under Chapter 6115. of the Revised Code;	11628

(10) Who is a member of the unemployment compensation	11629
advisory council;	11630

(11) Who is an employee, officer, or governor-appointed	11631
member of the board of directors of the nonprofit corporation	11632
formed under section 187.01 of the Revised Code;	11633

(12) Who is employed by the nonprofit entity established to	11634
provide advocacy services and a client assistance program for	11635
people with disabilities under Section 319.20 of Am. Sub. H.B. 153	11636
of the 129th general assembly and whose employment begins on or	11637
after October 1, 2012.	11638

(B) No inmate of a correctional institution operated by the	11639
department of rehabilitation and correction, no patient in a	11640
hospital for the mentally ill or criminally insane operated by the	11641
department of ~~mental health~~mental health and addiction services,	11642
no resident in an institution for the mentally retarded operated	11643
by the department of developmental disabilities, no resident	11644
admitted as a patient of a veterans' home operated under Chapter	11645
5907. of the Revised Code, and no resident of a county home shall	11646
be considered as a public employee for the purpose of establishing	11647
membership or calculating service credit or benefits under this	11648
chapter. Nothing in this division shall be construed to affect any	11649
service credit attained by any person who was a public employee	11650
before becoming an inmate, patient, or resident at any institution	11651
listed in this division, or the payment of any benefit for which	11652
such a person or such a person's beneficiaries otherwise would be	11653
eligible.	11654

Sec. 145.22. (A) The public employees retirement board shall	11655
have prepared annually by or under the supervision of an actuary	11656
an actuarial valuation of the pension assets, liabilities, and	11657
funding requirements of the public employees retirement system as	11658
established pursuant to this chapter. The actuary shall complete	11659
the valuation in accordance with actuarial standards of practice	11660
promulgated by the actuarial standards board of the American	11661
academy of actuaries and prepare a report of the valuation. The	11662
report shall include all of the following:	11663

(1) A summary of the benefit provisions evaluated;

11664

(2) A summary of the census data and financial information	11665
used in the valuation;	11666

(3) A description of the actuarial assumptions, actuarial	11667
cost method, and asset valuation method used in the valuation,	11668
including a statement of the assumed rate of payroll growth and	11669
assumed rate of growth or decline in the number of members	11670
contributing to the retirement system;	11671

(4) A summary of findings that includes a statement of the	11672
actuarial accrued pension liabilities and unfunded actuarial	11673
accrued pension liabilities;	11674

(5) A schedule showing the effect of any changes in the	11675
benefit provisions, actuarial assumptions, or cost methods since	11676
the last annual actuarial valuation;	11677

(6) A statement of whether contributions to the retirement	11678
system are expected to be sufficient to satisfy the funding	11679
objectives established by the board.	11680

The board shall submit the report to the Ohio retirement	11681
study council, the director of budget and management, and the	11682
standing committees of the house of representatives and the senate	11683
with primary responsibility for retirement legislation immediately	11684
upon its availability and not later than the first day of	11685
September following the year for which the valuation was made.	11686

(B) At such time as the public employees retirement board	11687
determines, and at least once in each five-year period, the board	11688
shall have prepared by or under the supervision of an actuary an	11689
actuarial investigation of the mortality, service, and other	11690
experience of the members, retirants, contributors, and	11691
beneficiaries of the system to update the actuarial assumptions	11692
used in the actuarial valuation required by division (A) of this	11693
section. The actuary shall prepare a report of the actuarial	11694
investigation. The report shall be prepared and any recommended	11695
changes in actuarial assumptions shall be made in accordance with	11696
the actuarial standards of practice promulgated by the actuarial	11697
standards board of the American academy of actuaries. The report	11698
shall include all of the following:	11699

(1) A summary of relevant decrement and economic assumption	11700
experience observed over the period of the investigation;	11701

(2) Recommended changes in actuarial assumptions to be used	11702
in subsequent actuarial valuations required by division (A) of	11703
this section;	11704

(3) A measurement of the financial effect of the recommended	11705
changes in actuarial assumptions.	11706

The board shall submit the report to the Ohio retirement	11707
study council and the standing committees of the house of	11708
representatives and the senate with primary responsibility for	11709
retirement legislation not later than the first day of November	11710
following the last fiscal year of the period the report covers.	11711

(C) The board may at any time request the actuary to make any	11712
studies or actuarial valuations to determine the adequacy of the	11713
contribution rate determined under section 145.48 of the Revised	11714
Code, and those rates may be adjusted by the board, as recommended	11715
by the actuary, effective as of the first of any year thereafter.	11716

(D) The board shall have prepared by or under the supervision	11717
of an actuary an actuarial analysis of any introduced legislation	11718
expected to have a measurable financial impact on the retirement	11719
system. The actuarial analysis shall be completed in accordance	11720
with the actuarial standards of practice promulgated by the	11721
actuarial standards board of the American academy of actuaries.	11722
The actuary shall prepare a report of the actuarial analysis,	11723
which shall include all of the following:	11724

(1) A summary of the statutory changes that are being	11725
evaluated;	11726

(2) A description of or reference to the actuarial	11727
assumptions and actuarial cost method used in the report;	11728

(3) A description of the participant group or groups included	11729
in the report;	11730

(4) A statement of the financial impact of the legislation,	11731
including the resulting increase, if any, in the employer normal	11732
cost percentage; the increase, if any, in actuarial accrued	11733
liabilities; and the per cent of payroll that would be required to	11734
amortize the increase in actuarial accrued liabilities as a level	11735
per cent of covered payroll for all active members over a period	11736
not to exceed thirty years;	11737

(5) A statement of whether the scheduled contributions to the	11738
system after the proposed change is enacted are expected to be	11739
sufficient to satisfy the funding objectives established by the	11740
board.	11741

Not later than sixty days from the date of introduction of	11742
the legislation, the board shall submit a copy of the actuarial	11743
analysis to the legislative service commission, the standing	11744
committees of the house of representatives and the senate with	11745
primary responsibility for retirement legislation, and the Ohio	11746
retirement study council.	11747

(E) The board shall have prepared annually a report giving a	11748
full accounting of the revenues and costs relating to the	11749
provision of benefits under sections 145.325 and 145.58 of the	11750
Revised Code. The report shall be made as of December 31, 1997,	11751
and the thirty-first day of December of each year thereafter. The	11752
report shall include the following:	11753

(1) A description of the statutory authority for the benefits	11754
provided;	11755

(2) A summary of the benefits;

11756

(3) A summary of the eligibility requirements for the	11757
benefits;	11758

(4) A statement of the number of participants eligible for	11759
the benefits;	11760

(5) A description of the accounting, asset valuation, and	11761
funding method used to provide the benefits;	11762

(6) A statement of the net assets available for the provision	11763
of the benefits as of the last day of the fiscal year;	11764

(7) A statement of any changes in the net assets available	11765
for the provision of benefits, including participant and employer	11766
contributions, net investment income, administrative expenses, and	11767
benefits provided to participants, as of the last day of the	11768
fiscal year;	11769

(8) For the last six consecutive fiscal years, a schedule of	11770
the net assets available for the benefits, the annual cost of	11771
benefits, administrative expenses incurred, and annual employer	11772
contributions allocated for the provision of benefits;	11773

(9) A description of any significant changes that affect the	11774
comparability of the report required under this division;	11775

(10) A statement of the amount paid under division (C) of	11776
section 145.58 of the Revised Code.	11777

The board shall submit the report to the Ohio retirement	11778
study council, the director of budget and management, and the	11779
standing committees of the house of representatives and the senate	11780
with primary responsibility for retirement legislation immediately	11781
upon its availability and not later than the thirtieth day of June	11782
following the year for which the report was made.	11783

Sec. 149.43. (A) As used in this section:

11784

(1) "Public record" means records kept by any public office,	11785
including, but not limited to, state, county, city, village,	11786
township, and school district units, and records pertaining to the	11787
delivery of educational services by an alternative school in this	11788
state kept by the nonprofit or for-profit entity operating the	11789
alternative school pursuant to section 3313.533 of the Revised	11790
Code. "Public record" does not mean any of the following:	11791

(a) Medical records;

11792

(b) Records pertaining to probation and parole proceedings or	11793
to proceedings related to the imposition of community control	11794
sanctions and post-release control sanctions;	11795

(c) Records pertaining to actions under section 2151.85 and	11796
division (C) of section 2919.121 of the Revised Code and to	11797
appeals of actions arising under those sections;	11798

(d) Records pertaining to adoption proceedings, including the	11799
contents of an adoption file maintained by the department of	11800
health under section 3705.12 of the Revised Code;	11801

(e) Information in a record contained in the putative father	11802
registry established by section 3107.062 of the Revised Code,	11803
regardless of whether the information is held by the department of	11804
job and family services or, pursuant to section 3111.69 of the	11805
Revised Code, the office of child support in the department or a	11806
child support enforcement agency;	11807

(f) Records listed in division (A) of section 3107.42 of the	11808
Revised Code or specified in division (A) of section 3107.52 of	11809
the Revised Code;	11810

(g) Trial preparation records;

11811

(h) Confidential law enforcement investigatory records;

11812

(i) Records containing information that is confidential under	11813
section 2710.03 or 4112.05 of the Revised Code;	11814

(j) DNA records stored in the DNA database pursuant to	11815
section 109.573 of the Revised Code;	11816

(k) Inmate records released by the department of	11817
rehabilitation and correction to the department of youth services	11818
or a court of record pursuant to division (E) of section 5120.21	11819
of the Revised Code;	11820

(l) Records maintained by the department of youth services	11821
pertaining to children in its custody released by the department	11822
of youth services to the department of rehabilitation and	11823
correction pursuant to section 5139.05 of the Revised Code;	11824

(m) Intellectual property records;

11825

(n) Donor profile records;

11826

(o) Records maintained by the department of job and family	11827
services pursuant to section 3121.894 of the Revised Code;	11828

(p) Peace officer, parole officer, probation officer,	11829
bailiff, prosecuting attorney, assistant prosecuting attorney,	11830
correctional employee, community-based correctional facility	11831
employee, youth services employee, firefighter, EMT, or	11832
investigator of the bureau of criminal identification and	11833
investigation residential and familial information;	11834

(q) In the case of a county hospital operated pursuant to	11835
Chapter 339. of the Revised Code or a municipal hospital operated	11836
pursuant to Chapter 749. of the Revised Code, information that	11837
constitutes a trade secret, as defined in section 1333.61 of the	11838
Revised Code;	11839

(r) Information pertaining to the recreational activities of	11840
a person under the age of eighteen;	11841

(s) Records provided to, statements made by review board	11842
members during meetings of, and all work products of a child	11843
fatality review board acting under sections 307.621 to 307.629 of	11844
the Revised Code, and child fatality review data submitted by the	11845
child fatality review board to the department of health or a	11846
national child death review database, other than the report	11847
prepared pursuant to division (A) of section 307.626 of the	11848
Revised Code;	11849

(t) Records provided to and statements made by the executive	11850
director of a public children services agency or a prosecuting	11851
attorney acting pursuant to section 5153.171 of the Revised Code	11852
other than the information released under that section;	11853

(u) Test materials, examinations, or evaluation tools used in	11854
an examination for licensure as a nursing home administrator that	11855
the board of ~~examiners~~executives of ~~nursing home administrators~~	11856
long-term services and supports administers under section 4751.04	11857
of the Revised Code or contracts under that section with a private	11858
or government entity to administer;	11859

(v) Records the release of which is prohibited by state or	11860
federal law;	11861

(w) Proprietary information of or relating to any person that	11862
is submitted to or compiled by the Ohio venture capital authority	11863
created under section 150.01 of the Revised Code;	11864

(x) ~~Information reported and evaluations conducted pursuant~~	11865
~~to section 3701.072 of the Revised Code;~~	11866

~~(y)~~ Financial statements and data any person submits for any	11867
purpose to the Ohio housing finance agency or the controlling	11868
board in connection with applying for, receiving, or accounting	11869
for financial assistance from the agency, and information that	11870
identifies any individual who benefits directly or indirectly from	11871
financial assistance from the agency;	11872

~~(z)~~(y) Records listed in section 5101.29 of the Revised Code;

11873

~~(aa)~~(z) Discharges recorded with a county recorder under	11874
section 317.24 of the Revised Code, as specified in division	11875
(B)(2) of that section;	11876

~~(bb)~~(aa) Usage information including names and addresses of	11877
specific residential and commercial customers of a municipally	11878
owned or operated public utility;	11879

~~(cc)~~(bb) Records described in division (C) of section 187.04	11880
of the Revised Code that are not designated to be made available	11881
to the public as provided in that division.	11882

(2) "Confidential law enforcement investigatory record" means	11883
any record that pertains to a law enforcement matter of a	11884
criminal, quasi-criminal, civil, or administrative nature, but	11885
only to the extent that the release of the record would create a	11886
high probability of disclosure of any of the following:	11887

(a) The identity of a suspect who has not been charged with	11888
the offense to which the record pertains, or of an information	11889
source or witness to whom confidentiality has been reasonably	11890
promised;	11891

(b) Information provided by an information source or witness	11892
to whom confidentiality has been reasonably promised, which	11893
information would reasonably tend to disclose the source's or	11894
witness's identity;	11895

(c) Specific confidential investigatory techniques or	11896
procedures or specific investigatory work product;	11897

(d) Information that would endanger the life or physical	11898
safety of law enforcement personnel, a crime victim, a witness, or	11899
a confidential information source.	11900

(3) "Medical record" means any document or combination of	11901
documents, except births, deaths, and the fact of admission to or	11902
discharge from a hospital, that pertains to the medical history,	11903
diagnosis, prognosis, or medical condition of a patient and that	11904
is generated and maintained in the process of medical treatment.	11905

(4) "Trial preparation record" means any record that contains	11906
information that is specifically compiled in reasonable	11907
anticipation of, or in defense of, a civil or criminal action or	11908
proceeding, including the independent thought processes and	11909
personal trial preparation of an attorney.	11910

(5) "Intellectual property record" means a record, other than	11911
a financial or administrative record, that is produced or	11912
collected by or for faculty or staff of a state institution of	11913
higher learning in the conduct of or as a result of study or	11914
research on an educational, commercial, scientific, artistic,	11915
technical, or scholarly issue, regardless of whether the study or	11916
research was sponsored by the institution alone or in conjunction	11917
with a governmental body or private concern, and that has not been	11918
publicly released, published, or patented.	11919

(6) "Donor profile record" means all records about donors or	11920
potential donors to a public institution of higher education	11921
except the names and reported addresses of the actual donors and	11922
the date, amount, and conditions of the actual donation.	11923

(7) "Peace officer, parole officer, probation officer,	11924
bailiff, prosecuting attorney, assistant prosecuting attorney,	11925
correctional employee, community-based correctional facility	11926
employee, youth services employee, firefighter, EMT, or	11927
investigator of the bureau of criminal identification and	11928
investigation residential and familial information" means any	11929
information that discloses any of the following about a peace	11930
officer, parole officer, probation officer, bailiff, prosecuting	11931
attorney, assistant prosecuting attorney, correctional employee,	11932
community-based correctional facility employee, youth services	11933
employee, firefighter, EMT, or investigator of the bureau of	11934
criminal identification and investigation:	11935

(a) The address of the actual personal residence of a peace	11936
officer, parole officer, probation officer, bailiff, assistant	11937
prosecuting attorney, correctional employee, community-based	11938
correctional facility employee, youth services employee,	11939
firefighter, EMT, or an investigator of the bureau of criminal	11940
identification and investigation, except for the state or	11941
political subdivision in which the peace officer, parole officer,	11942
probation officer, bailiff, assistant prosecuting attorney,	11943
correctional employee, community-based correctional facility	11944
employee, youth services employee, firefighter, EMT, or	11945
investigator of the bureau of criminal identification and	11946
investigation resides;	11947

(b) Information compiled from referral to or participation in	11948
an employee assistance program;	11949

(c) The social security number, the residential telephone	11950
number, any bank account, debit card, charge card, or credit card	11951
number, or the emergency telephone number of, or any medical	11952
information pertaining to, a peace officer, parole officer,	11953
probation officer, bailiff, prosecuting attorney, assistant	11954
prosecuting attorney, correctional employee, community-based	11955
correctional facility employee, youth services employee,	11956
firefighter, EMT, or investigator of the bureau of criminal	11957
identification and investigation;	11958

(d) The name of any beneficiary of employment benefits,	11959
including, but not limited to, life insurance benefits, provided	11960
to a peace officer, parole officer, probation officer, bailiff,	11961
prosecuting attorney, assistant prosecuting attorney, correctional	11962
employee, community-based correctional facility employee, youth	11963
services employee, firefighter, EMT, or investigator of the bureau	11964
of criminal identification and investigation by the peace	11965
officer's, parole officer's, probation officer's, bailiff's,	11966
prosecuting attorney's, assistant prosecuting attorney's,	11967
correctional employee's, community-based correctional facility	11968
employee's, youth services employee's, firefighter's, EMT's, or	11969
investigator of the bureau of criminal identification and	11970
investigation's employer;	11971

(e) The identity and amount of any charitable or employment	11972
benefit deduction made by the peace officer's, parole officer's,	11973
probation officer's, bailiff's, prosecuting attorney's, assistant	11974
prosecuting attorney's, correctional employee's, community-based	11975
correctional facility employee's, youth services employee's,	11976
firefighter's, EMT's, or investigator of the bureau of criminal	11977
identification and investigation's employer from the peace	11978
officer's, parole officer's, probation officer's, bailiff's,	11979
prosecuting attorney's, assistant prosecuting attorney's,	11980
correctional employee's, community-based correctional facility	11981
employee's, youth services employee's, firefighter's, EMT's, or	11982
investigator of the bureau of criminal identification and	11983
investigation's compensation unless the amount of the deduction is	11984
required by state or federal law;	11985

(f) The name, the residential address, the name of the	11986
employer, the address of the employer, the social security number,	11987
the residential telephone number, any bank account, debit card,	11988
charge card, or credit card number, or the emergency telephone	11989
number of the spouse, a former spouse, or any child of a peace	11990
officer, parole officer, probation officer, bailiff, prosecuting	11991
attorney, assistant prosecuting attorney, correctional employee,	11992
community-based correctional facility employee, youth services	11993
employee, firefighter, EMT, or investigator of the bureau of	11994
criminal identification and investigation;	11995

(g) A photograph of a peace officer who holds a position or	11996
has an assignment that may include undercover or plain clothes	11997
positions or assignments as determined by the peace officer's	11998
appointing authority.	11999

As used in divisions (A)(7) and (B)(9) of this section,	12000
"peace officer" has the same meaning as in section 109.71 of the	12001
Revised Code and also includes the superintendent and troopers of	12002
the state highway patrol; it does not include the sheriff of a	12003
county or a supervisory employee who, in the absence of the	12004
sheriff, is authorized to stand in for, exercise the authority of,	12005
and perform the duties of the sheriff.	12006

As used in divisions (A)(7) and (B)(5) of this section,	12007
"correctional employee" means any employee of the department of	12008
rehabilitation and correction who in the course of performing the	12009
employee's job duties has or has had contact with inmates and	12010
persons under supervision.	12011

As used in divisions (A)(7) and (B)(5) of this section,	12012
"youth services employee" means any employee of the department of	12013
youth services who in the course of performing the employee's job	12014
duties has or has had contact with children committed to the	12015
custody of the department of youth services.	12016

As used in divisions (A)(7) and (B)(9) of this section,	12017
"firefighter" means any regular, paid or volunteer, member of a	12018
lawfully constituted fire department of a municipal corporation,	12019
township, fire district, or village.	12020

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	12021
means EMTs-basic, EMTs-I, and paramedics that provide emergency	12022
medical services for a public emergency medical service	12023
organization. "Emergency medical service organization,"	12024
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	12025
section 4765.01 of the Revised Code.	12026

As used in divisions (A)(7) and (B)(9) of this section,	12027
"investigator of the bureau of criminal identification and	12028
investigation" has the meaning defined in section 2903.11 of the	12029
Revised Code.	12030

(8) "Information pertaining to the recreational activities of	12031
a person under the age of eighteen" means information that is kept	12032
in the ordinary course of business by a public office, that	12033
pertains to the recreational activities of a person under the age	12034
of eighteen years, and that discloses any of the following:	12035

(a) The address or telephone number of a person under the age	12036
of eighteen or the address or telephone number of that person's	12037
parent, guardian, custodian, or emergency contact person;	12038

(b) The social security number, birth date, or photographic	12039
image of a person under the age of eighteen;	12040

(c) Any medical record, history, or information pertaining to	12041
a person under the age of eighteen;	12042

(d) Any additional information sought or required about a	12043
person under the age of eighteen for the purpose of allowing that	12044
person to participate in any recreational activity conducted or	12045
sponsored by a public office or to use or obtain admission	12046
privileges to any recreational facility owned or operated by a	12047
public office.	12048

(9) "Community control sanction" has the same meaning as in	12049
section 2929.01 of the Revised Code.	12050

(10) "Post-release control sanction" has the same meaning as	12051
in section 2967.01 of the Revised Code.	12052

(11) "Redaction" means obscuring or deleting any information	12053
that is exempt from the duty to permit public inspection or	12054
copying from an item that otherwise meets the definition of a	12055
"record" in section 149.011 of the Revised Code.	12056

(12) "Designee" and "elected official" have the same meanings	12057
as in section 109.43 of the Revised Code.	12058

(B)(1) Upon request and subject to division (B)(8) of this	12059
section, all public records responsive to the request shall be	12060
promptly prepared and made available for inspection to any person	12061
at all reasonable times during regular business hours. Subject to	12062
division (B)(8) of this section, upon request, a public office or	12063
person responsible for public records shall make copies of the	12064
requested public record available at cost and within a reasonable	12065
period of time. If a public record contains information that is	12066
exempt from the duty to permit public inspection or to copy the	12067
public record, the public office or the person responsible for the	12068
public record shall make available all of the information within	12069
the public record that is not exempt. When making that public	12070
record available for public inspection or copying that public	12071
record, the public office or the person responsible for the public	12072
record shall notify the requester of any redaction or make the	12073
redaction plainly visible. A redaction shall be deemed a denial of	12074
a request to inspect or copy the redacted information, except if	12075
federal or state law authorizes or requires a public office to	12076
make the redaction.	12077

(2) To facilitate broader access to public records, a public	12078
office or the person responsible for public records shall organize	12079
and maintain public records in a manner that they can be made	12080
available for inspection or copying in accordance with division	12081
(B) of this section. A public office also shall have available a	12082
copy of its current records retention schedule at a location	12083
readily available to the public. If a requester makes an ambiguous	12084
or overly broad request or has difficulty in making a request for	12085
copies or inspection of public records under this section such	12086
that the public office or the person responsible for the requested	12087
public record cannot reasonably identify what public records are	12088
being requested, the public office or the person responsible for	12089
the requested public record may deny the request but shall provide	12090
the requester with an opportunity to revise the request by	12091
informing the requester of the manner in which records are	12092
maintained by the public office and accessed in the ordinary	12093
course of the public office's or person's duties.	12094

(3) If a request is ultimately denied, in part or in whole,	12095
the public office or the person responsible for the requested	12096
public record shall provide the requester with an explanation,	12097
including legal authority, setting forth why the request was	12098
denied. If the initial request was provided in writing, the	12099
explanation also shall be provided to the requester in writing.	12100
The explanation shall not preclude the public office or the person	12101
responsible for the requested public record from relying upon	12102
additional reasons or legal authority in defending an action	12103
commenced under division (C) of this section.	12104

(4) Unless specifically required or authorized by state or	12105
federal law or in accordance with division (B) of this section, no	12106
public office or person responsible for public records may limit	12107
or condition the availability of public records by requiring	12108
disclosure of the requester's identity or the intended use of the	12109
requested public record. Any requirement that the requester	12110
disclose the requestor's identity or the intended use of the	12111
requested public record constitutes a denial of the request.	12112

(5) A public office or person responsible for public records	12113
may ask a requester to make the request in writing, may ask for	12114
the requester's identity, and may inquire about the intended use	12115
of the information requested, but may do so only after disclosing	12116
to the requester that a written request is not mandatory and that	12117
the requester may decline to reveal the requester's identity or	12118
the intended use and when a written request or disclosure of the	12119
identity or intended use would benefit the requester by enhancing	12120
the ability of the public office or person responsible for public	12121
records to identify, locate, or deliver the public records sought	12122
by the requester.	12123

(6) If any person chooses to obtain a copy of a public record	12124
in accordance with division (B) of this section, the public office	12125
or person responsible for the public record may require that	12126
person to pay in advance the cost involved in providing the copy	12127
of the public record in accordance with the choice made by the	12128
person seeking the copy under this division. The public office or	12129
the person responsible for the public record shall permit that	12130
person to choose to have the public record duplicated upon paper,	12131
upon the same medium upon which the public office or person	12132
responsible for the public record keeps it, or upon any other	12133
medium upon which the public office or person responsible for the	12134
public record determines that it reasonably can be duplicated as	12135
an integral part of the normal operations of the public office or	12136
person responsible for the public record. When the person seeking	12137
the copy makes a choice under this division, the public office or	12138
person responsible for the public record shall provide a copy of	12139
it in accordance with the choice made by the person seeking the	12140
copy. Nothing in this section requires a public office or person	12141
responsible for the public record to allow the person seeking a	12142
copy of the public record to make the copies of the public record.	12143

(7) Upon a request made in accordance with division (B) of	12144
this section and subject to division (B)(6) of this section, a	12145
public office or person responsible for public records shall	12146
transmit a copy of a public record to any person by United States	12147
mail or by any other means of delivery or transmission within a	12148
reasonable period of time after receiving the request for the	12149
copy. The public office or person responsible for the public	12150
record may require the person making the request to pay in advance	12151
the cost of postage if the copy is transmitted by United States	12152
mail or the cost of delivery if the copy is transmitted other than	12153
by United States mail, and to pay in advance the costs incurred	12154
for other supplies used in the mailing, delivery, or transmission.	12155

Any public office may adopt a policy and procedures that it	12156
will follow in transmitting, within a reasonable period of time	12157
after receiving a request, copies of public records by United	12158
States mail or by any other means of delivery or transmission	12159
pursuant to this division. A public office that adopts a policy	12160
and procedures under this division shall comply with them in	12161
performing its duties under this division.	12162

In any policy and procedures adopted under this division, a	12163
public office may limit the number of records requested by a	12164
person that the office will transmit by United States mail to ten	12165
per month, unless the person certifies to the office in writing	12166
that the person does not intend to use or forward the requested	12167
records, or the information contained in them, for commercial	12168
purposes. For purposes of this division, "commercial" shall be	12169
narrowly construed and does not include reporting or gathering	12170
news, reporting or gathering information to assist citizen	12171
oversight or understanding of the operation or activities of	12172
government, or nonprofit educational research.	12173

(8) A public office or person responsible for public records	12174
is not required to permit a person who is incarcerated pursuant to	12175
a criminal conviction or a juvenile adjudication to inspect or to	12176
obtain a copy of any public record concerning a criminal	12177
investigation or prosecution or concerning what would be a	12178
criminal investigation or prosecution if the subject of the	12179
investigation or prosecution were an adult, unless the request to	12180
inspect or to obtain a copy of the record is for the purpose of	12181
acquiring information that is subject to release as a public	12182
record under this section and the judge who imposed the sentence	12183
or made the adjudication with respect to the person, or the	12184
judge's successor in office, finds that the information sought in	12185
the public record is necessary to support what appears to be a	12186
justiciable claim of the person.	12187

(9)(a) Upon written request made and signed by a journalist	12188
on or after December 16, 1999, a public office, or person	12189
responsible for public records, having custody of the records of	12190
the agency employing a specified peace officer, parole officer,	12191
probation officer, bailiff, prosecuting attorney, assistant	12192
prosecuting attorney, correctional employee, community-based	12193
correctional facility employee, youth services employee,	12194
firefighter, EMT, or investigator of the bureau of criminal	12195
identification and investigation shall disclose to the journalist	12196
the address of the actual personal residence of the peace officer,	12197
parole officer, probation officer, bailiff, prosecuting attorney,	12198
assistant prosecuting attorney, correctional employee,	12199
community-based correctional facility employee, youth services	12200
employee, firefighter, EMT, or investigator of the bureau of	12201
criminal identification and investigation and, if the peace	12202
officer's, parole officer's, probation officer's, bailiff's,	12203
prosecuting attorney's, assistant prosecuting attorney's,	12204
correctional employee's, community-based correctional facility	12205
employee's, youth services employee's, firefighter's, EMT's, or	12206
investigator of the bureau of criminal identification and	12207
investigation's spouse, former spouse, or child is employed by a	12208
public office, the name and address of the employer of the peace	12209
officer's, parole officer's, probation officer's, bailiff's,	12210
prosecuting attorney's, assistant prosecuting attorney's,	12211
correctional employee's, community-based correctional facility	12212
employee's, youth services employee's, firefighter's, EMT's, or	12213
investigator of the bureau of criminal identification and	12214
investigation's spouse, former spouse, or child. The request shall	12215
include the journalist's name and title and the name and address	12216
of the journalist's employer and shall state that disclosure of	12217
the information sought would be in the public interest.	12218

(b) Division (B)(9)(a) of this section also applies to	12219
journalist requests for customer information maintained by a	12220
municipally owned or operated public utility, other than social	12221
security numbers and any private financial information such as	12222
credit reports, payment methods, credit card numbers, and bank	12223
account information.	12224

(c) As used in division (B)(9) of this section, "journalist"	12225
means a person engaged in, connected with, or employed by any news	12226
medium, including a newspaper, magazine, press association, news	12227
agency, or wire service, a radio or television station, or a	12228
similar medium, for the purpose of gathering, processing,	12229
transmitting, compiling, editing, or disseminating information for	12230
the general public.	12231

(C)(1) If a person allegedly is aggrieved by the failure of a	12232
public office or the person responsible for public records to	12233
promptly prepare a public record and to make it available to the	12234
person for inspection in accordance with division (B) of this	12235
section or by any other failure of a public office or the person	12236
responsible for public records to comply with an obligation in	12237
accordance with division (B) of this section, the person allegedly	12238
aggrieved may commence a mandamus action to obtain a judgment that	12239
orders the public office or the person responsible for the public	12240
record to comply with division (B) of this section, that awards	12241
court costs and reasonable attorney's fees to the person that	12242
instituted the mandamus action, and, if applicable, that includes	12243
an order fixing statutory damages under division (C)(1) of this	12244
section. The mandamus action may be commenced in the court of	12245
common pleas of the county in which division (B) of this section	12246
allegedly was not complied with, in the supreme court pursuant to	12247
its original jurisdiction under Section 2 of Article IV, Ohio	12248
Constitution, or in the court of appeals for the appellate	12249
district in which division (B) of this section allegedly was not	12250
complied with pursuant to its original jurisdiction under Section	12251
3 of Article IV, Ohio Constitution.	12252

If a requestor transmits a written request by hand delivery	12253
or certified mail to inspect or receive copies of any public	12254
record in a manner that fairly describes the public record or	12255
class of public records to the public office or person responsible	12256
for the requested public records, except as otherwise provided in	12257
this section, the requestor shall be entitled to recover the	12258
amount of statutory damages set forth in this division if a court	12259
determines that the public office or the person responsible for	12260
public records failed to comply with an obligation in accordance	12261
with division (B) of this section.	12262

The amount of statutory damages shall be fixed at one hundred	12263
dollars for each business day during which the public office or	12264
person responsible for the requested public records failed to	12265
comply with an obligation in accordance with division (B) of this	12266
section, beginning with the day on which the requester files a	12267
mandamus action to recover statutory damages, up to a maximum of	12268
one thousand dollars. The award of statutory damages shall not be	12269
construed as a penalty, but as compensation for injury arising	12270
from lost use of the requested information. The existence of this	12271
injury shall be conclusively presumed. The award of statutory	12272
damages shall be in addition to all other remedies authorized by	12273
this section.	12274

The court may reduce an award of statutory damages or not	12275
award statutory damages if the court determines both of the	12276
following:	12277

(a) That, based on the ordinary application of statutory law	12278
and case law as it existed at the time of the conduct or	12279
threatened conduct of the public office or person responsible for	12280
the requested public records that allegedly constitutes a failure	12281
to comply with an obligation in accordance with division (B) of	12282
this section and that was the basis of the mandamus action, a	12283
well-informed public office or person responsible for the	12284
requested public records reasonably would believe that the conduct	12285
or threatened conduct of the public office or person responsible	12286
for the requested public records did not constitute a failure to	12287
comply with an obligation in accordance with division (B) of this	12288
section;	12289

(b) That a well-informed public office or person responsible	12290
for the requested public records reasonably would believe that the	12291
conduct or threatened conduct of the public office or person	12292
responsible for the requested public records would serve the	12293
public policy that underlies the authority that is asserted as	12294
permitting that conduct or threatened conduct.	12295

(2)(a) If the court issues a writ of mandamus that orders the	12296
public office or the person responsible for the public record to	12297
comply with division (B) of this section and determines that the	12298
circumstances described in division (C)(1) of this section exist,	12299
the court shall determine and award to the relator all court	12300
costs.	12301

(b) If the court renders a judgment that orders the public	12302
office or the person responsible for the public record to comply	12303
with division (B) of this section, the court may award reasonable	12304
attorney's fees subject to reduction as described in division	12305
(C)(2)(c) of this section. The court shall award reasonable	12306
attorney's fees, subject to reduction as described in division	12307
(C)(2)(c) of this section when either of the following applies:	12308

(i) The public office or the person responsible for the	12309
public records failed to respond affirmatively or negatively to	12310
the public records request in accordance with the time allowed	12311
under division (B) of this section.	12312

(ii) The public office or the person responsible for the	12313
public records promised to permit the relator to inspect or	12314
receive copies of the public records requested within a specified	12315
period of time but failed to fulfill that promise within that	12316
specified period of time.	12317

(c) Court costs and reasonable attorney's fees awarded under	12318
this section shall be construed as remedial and not punitive.	12319
Reasonable attorney's fees shall include reasonable fees incurred	12320
to produce proof of the reasonableness and amount of the fees and	12321
to otherwise litigate entitlement to the fees. The court may	12322
reduce an award of attorney's fees to the relator or not award	12323
attorney's fees to the relator if the court determines both of the	12324
following:	12325

(i) That, based on the ordinary application of statutory law	12326
and case law as it existed at the time of the conduct or	12327
threatened conduct of the public office or person responsible for	12328
the requested public records that allegedly constitutes a failure	12329
to comply with an obligation in accordance with division (B) of	12330
this section and that was the basis of the mandamus action, a	12331
well-informed public office or person responsible for the	12332
requested public records reasonably would believe that the conduct	12333
or threatened conduct of the public office or person responsible	12334
for the requested public records did not constitute a failure to	12335
comply with an obligation in accordance with division (B) of this	12336
section;	12337

(ii) That a well-informed public office or person responsible	12338
for the requested public records reasonably would believe that the	12339
conduct or threatened conduct of the public office or person	12340
responsible for the requested public records as described in	12341
division (C)(2)(c)(i) of this section would serve the public	12342
policy that underlies the authority that is asserted as permitting	12343
that conduct or threatened conduct.	12344

(D) Chapter 1347. of the Revised Code does not limit the	12345
provisions of this section.	12346

(E)(1) To ensure that all employees of public offices are	12347
appropriately educated about a public office's obligations under	12348
division (B) of this section, all elected officials or their	12349
appropriate designees shall attend training approved by the	12350
attorney general as provided in section 109.43 of the Revised	12351
Code. In addition, all public offices shall adopt a public records	12352
policy in compliance with this section for responding to public	12353
records requests. In adopting a public records policy under this	12354
division, a public office may obtain guidance from the model	12355
public records policy developed and provided to the public office	12356
by the attorney general under section 109.43 of the Revised Code.	12357
Except as otherwise provided in this section, the policy may not	12358
limit the number of public records that the public office will	12359
make available to a single person, may not limit the number of	12360
public records that it will make available during a fixed period	12361
of time, and may not establish a fixed period of time before it	12362
will respond to a request for inspection or copying of public	12363
records, unless that period is less than eight hours.	12364

(2) The public office shall distribute the public records	12365
policy adopted by the public office under division (E)(1) of this	12366
section to the employee of the public office who is the records	12367
custodian or records manager or otherwise has custody of the	12368
records of that office. The public office shall require that	12369
employee to acknowledge receipt of the copy of the public records	12370
policy. The public office shall create a poster that describes its	12371
public records policy and shall post the poster in a conspicuous	12372
place in the public office and in all locations where the public	12373
office has branch offices. The public office may post its public	12374
records policy on the internet web site of the public office if	12375
the public office maintains an internet web site. A public office	12376
that has established a manual or handbook of its general policies	12377
and procedures for all employees of the public office shall	12378
include the public records policy of the public office in the	12379
manual or handbook.	12380

(F)(1) The bureau of motor vehicles may adopt rules pursuant	12381
to Chapter 119. of the Revised Code to reasonably limit the number	12382
of bulk commercial special extraction requests made by a person	12383
for the same records or for updated records during a calendar	12384
year. The rules may include provisions for charges to be made for	12385
bulk commercial special extraction requests for the actual cost of	12386
the bureau, plus special extraction costs, plus ten per cent. The	12387
bureau may charge for expenses for redacting information, the	12388
release of which is prohibited by law.	12389

(2) As used in division (F)(1) of this section:

12390

(a) "Actual cost" means the cost of depleted supplies,	12391
records storage media costs, actual mailing and alternative	12392
delivery costs, or other transmitting costs, and any direct	12393
equipment operating and maintenance costs, including actual costs	12394
paid to private contractors for copying services.	12395

(b) "Bulk commercial special extraction request" means a	12396
request for copies of a record for information in a format other	12397
than the format already available, or information that cannot be	12398
extracted without examination of all items in a records series,	12399
class of records, or ~~data base~~database by a person who intends to	12400
use or forward the copies for surveys, marketing, solicitation, or	12401
resale for commercial purposes. "Bulk commercial special	12402
extraction request" does not include a request by a person who	12403
gives assurance to the bureau that the person making the request	12404
does not intend to use or forward the requested copies for	12405
surveys, marketing, solicitation, or resale for commercial	12406
purposes.	12407

(c) "Commercial" means profit-seeking production, buying, or	12408
selling of any good, service, or other product.	12409

(d) "Special extraction costs" means the cost of the time	12410
spent by the lowest paid employee competent to perform the task,	12411
the actual amount paid to outside private contractors employed by	12412
the bureau, or the actual cost incurred to create computer	12413
programs to make the special extraction. "Special extraction	12414
costs" include any charges paid to a public agency for computer or	12415
records services.	12416

(3) For purposes of divisions (F)(1) and (2) of this section,	12417
"surveys, marketing, solicitation, or resale for commercial	12418
purposes" shall be narrowly construed and does not include	12419
reporting or gathering news, reporting or gathering information to	12420
assist citizen oversight or understanding of the operation or	12421
activities of government, or nonprofit educational research.	12422

Sec. 151.11. (A) As used in this section:

12423

(1) "Costs of sites and facilities" includes related direct	12424
administrative expenses and allocable portions of the direct costs	12425
of those projects. "Costs of sites and facilities" includes	12426
"allowable costs" as defined in section 122.085 of the Revised	12427
Code.	12428

(2) "Obligations" means obligations as defined in section	12429
151.01 of the Revised Code issued to pay costs of sites and	12430
facilities in Ohio for and in support of industry, commerce,	12431
distribution, and research and development purposes as referred to	12432
in division (A)(3) of Section 2p of Article VIII, Ohio	12433
Constitution.	12434

(B) The issuing authority shall issue general obligations of	12435
the state to pay costs of sites and facilities pursuant to	12436
division (B)(3) of Section 2p of Article VIII, Ohio Constitution,	12437
section 151.01 of the Revised Code, and this section. The issuing	12438
authority shall issue obligations in the amount determined by the	12439
issuing authority to be required for those purposes. The total	12440
principal amount of obligations issued under this section shall	12441
not exceed one hundred fifty million dollars.	12442

(C) Net proceeds of obligations shall be deposited into the	12443
job ready site development fund created by section 122.0820 of the	12444
Revised Code.	12445

(D) There is hereby created in the state treasury the job	12446
ready site development bond service fund. All moneys received by	12447
the state and required by the bond proceedings, consistent with	12448
section 151.01 of the Revised Code and this section, to be	12449
deposited, transferred, or credited to the bond service fund, and	12450
all other moneys transferred or allocated to or received for the	12451
purposes of that fund, shall be deposited and credited to the bond	12452
service fund, subject to any applicable provisions of the bond	12453
proceedings, but without necessity for any act of appropriation.	12454
During the period beginning with the date of the first issuance of	12455
obligations and continuing during the time that any obligations	12456
are outstanding in accordance with their terms, so long as moneys	12457
in the bond service fund are insufficient to pay debt service when	12458
due on those obligations payable from that fund, except the	12459
principal amounts of bond anticipation notes payable from the	12460
proceeds of renewal notes or bonds anticipated, and due in the	12461
particular fiscal year, a sufficient amount of revenues of the	12462
state is committed and, without necessity for further act of	12463
appropriation, shall be paid to the bond service fund for the	12464
purpose of paying that debt service when due. All investment	12465
earnings on the cash balance in the fund shall be credited to the	12466
fund.	12467

Sec. 152.09. (A) As used in sections 152.06 and 152.09 to	12468
152.33 of the Revised Code:	12469

(1) "Obligations" means bonds, notes, or other evidences of	12470
obligation, including interest coupons pertaining thereto, issued	12471
pursuant to sections 152.09 to 152.33 of the Revised Code.	12472

(2) "State agencies" means the state of Ohio and branches,	12473
officers, boards, commissions, authorities, departments,	12474
divisions, courts, general assembly, or other units or agencies of	12475
the state. "State agency" also includes counties, municipal	12476
corporations, and governmental entities of this state that enter	12477
into leases with the Ohio building authority pursuant to section	12478
152.31 of the Revised Code or that are designated by law as state	12479
agencies for the purpose of performing a state function that is to	12480
be housed by a capital facility for which the Ohio building	12481
authority is authorized to issue revenue obligations pursuant to	12482
sections 152.09 to 152.33 of the Revised Code.	12483

(3) "Bond service charges" means principal, including	12484
mandatory sinking fund requirements for retirement of obligations,	12485
and interest, and redemption premium, if any, required to be paid	12486
by the Ohio building authority on obligations.	12487

(4) "Capital facilities" means buildings, structures, and	12488
other improvements, and equipment, real estate, and interests in	12489
real estate therefor, within the state, and any one, part of, or	12490
combination of the foregoing, for housing of branches and agencies	12491
of state government, including capital facilities for the purpose	12492
of housing personnel, equipment, or functions, or any combination	12493
thereof that the state agencies are responsible for housing, for	12494
which the Ohio building authority is authorized to issue	12495
obligations pursuant to Chapter 152. of the Revised Code, and	12496
includes storage and parking facilities related to such capital	12497
facilities. For purposes of sections 152.10 to 152.15 of the	12498
Revised Code, "capital facilities" includes community or technical	12499
college capital facilities.	12500

(5) "Cost of capital facilities" means the costs of	12501
assessing, planning, acquiring, constructing, reconstructing,	12502
rehabilitating, remodeling, renovating, enlarging, improving,	12503
altering, maintaining, equipping, furnishing, repairing, painting,	12504
decorating, managing, or operating capital facilities, and the	12505
financing thereof, including the cost of clearance and preparation	12506
of the site and of any land to be used in connection with capital	12507
facilities, the cost of participating in capital facilities	12508
pursuant to section 152.33 of the Revised Code, the cost of any	12509
indemnity and surety bonds and premiums on insurance, all related	12510
direct administrative expenses and allocable portions of direct	12511
costs of the authority and lessee state agencies, cost of	12512
engineering and architectural services, designs, plans,	12513
specifications, surveys, and estimates of cost, legal fees, fees	12514
and expenses of trustees, depositories, and paying agents for the	12515
obligations, cost of issuance of the obligations and financing	12516
charges and fees and expenses of financial advisers and	12517
consultants in connection therewith, interest on obligations from	12518
the date thereof to the time when interest is to be covered from	12519
sources other than proceeds of obligations, amounts that represent	12520
the portion of investment earnings to be rebated or to be paid to	12521
the federal government in order to maintain the exclusion from	12522
gross income for federal income tax purposes of interest on those	12523
obligations pursuant to section 148(f) of the Internal Revenue	12524
Code, amounts necessary to establish reserves as required by the	12525
resolutions or the obligations, trust agreements, or indentures,	12526
costs of audits, the reimbursement of all moneys advanced or	12527
applied by or borrowed from any governmental entity, whether to or	12528
by the authority or others, from whatever source provided, for the	12529
payment of any item or items of cost of the capital facilities,	12530
any share of the cost undertaken by the authority pursuant to	12531
arrangements made with governmental entities under division (J) of	12532
section 152.21 of the Revised Code, and all other expenses	12533
necessary or incident to assessing, planning, or determining the	12534
feasibility or practicability with respect to capital facilities,	12535
and such other expenses as may be necessary or incident to the	12536
assessment, planning, acquisition, construction, reconstruction,	12537
rehabilitation, remodeling, renovation, enlargement, improvement,	12538
alteration, maintenance, equipment, furnishing, repair, painting,	12539
decoration, management, or operation of capital facilities, the	12540
financing thereof and the placing of the same in use and	12541
operation, including any one, part of, or combination of such	12542
classes of costs and expenses.	12543

(6) "Governmental entity" means any state agency, municipal	12544
corporation, county, township, school district, and any other	12545
political subdivision or special district in this state	12546
established pursuant to law, and, except where otherwise	12547
indicated, also means the United States or any of the states or	12548
any department, division, or agency thereof, and any agency,	12549
commission, or authority established pursuant to an interstate	12550
compact or agreement.	12551

(7) "Governing body" means:

12552

(a) In the case of a county, the board of county	12553
commissioners or other legislative authority; in the case of a	12554
municipal corporation, the legislative authority; in the case of a	12555
township, the board of township trustees; in the case of a school	12556
district, the board of education;	12557

(b) In the case of any other governmental entity, the	12558
officer, board, commission, authority, or other body having the	12559
general management of the entity or having jurisdiction or	12560
authority in the particular circumstances.	12561

(8) "Available receipts" means fees, charges, revenues,	12562
grants, subsidies, income from the investment of moneys, proceeds	12563
from the sale of goods or services, and all other revenues or	12564
receipts received by or on behalf of any state agency for which	12565
capital facilities are financed with obligations issued under	12566
Chapter 152. of the Revised Code, any state agency participating	12567
in capital facilities pursuant to section 152.33 of the Revised	12568
Code, or any state agency by which the capital facilities are	12569
constructed or financed; revenues or receipts derived by the	12570
authority from the operation, leasing, or other disposition of	12571
capital facilities, and the proceeds of obligations issued under	12572
Chapter 152. of the Revised Code; and also any moneys appropriated	12573
by a governmental entity, gifts, grants, donations, and pledges,	12574
and receipts therefrom, available for the payment of bond service	12575
charges on such obligations.	12576

(9) "Available community or technical college receipts" means	12577
all money received by a community or technical college or	12578
community or technical college district, including income,	12579
revenues, and receipts from the operation, ownership, or control	12580
of facilities, grants, gifts, donations, and pledges and receipts	12581
therefrom, receipts from fees and charges, the allocated state	12582
share of instruction as defined in section ~~3333.90~~3333.59 of the	12583
Revised Code, and the proceeds of the sale of obligations,	12584
including proceeds of obligations issued to refund obligations	12585
previously issued, but excluding any special fee, and receipts	12586
therefrom, charged pursuant to division (D) of section 154.21 of	12587
the Revised Code.	12588

(10) "Community or technical college," "college," "community	12589
or technical college district," and "district" have the same	12590
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	12591

(11) "Community or technical college capital facilities"	12592
means auxiliary facilities, education facilities, and housing and	12593
dining facilities, as those terms are defined in section 3345.12	12594
of the Revised Code, to the extent permitted to be financed by the	12595
issuance of obligations under division (A)(2) of section 3357.112	12596
of the Revised Code, that are authorized by sections 3354.121,	12597
3357.112, and 3358.10 of the Revised Code to be financed by	12598
obligations issued by a community or technical college district,	12599
and for which the Ohio building authority is authorized to issue	12600
obligations pursuant to Chapter 152. of the Revised Code, and	12601
includes any one, part of, or any combination of the foregoing,	12602
and further includes site improvements, utilities, machinery,	12603
furnishings, and any separate or connected buildings, structures,	12604
improvements, sites, open space and green space areas, utilities,	12605
or equipment to be used in, or in connection with the operation or	12606
maintenance of, or supplementing or otherwise related to the	12607
services or facilities to be provided by, such facilities.	12608

(12) "Cost of community or technical college capital	12609
facilities" means the costs of acquiring, constructing,	12610
reconstructing, rehabilitating, remodeling, renovating, enlarging,	12611
improving, equipping, or furnishing community or technical college	12612
capital facilities, and the financing thereof, including the cost	12613
of clearance and preparation of the site and of any land to be	12614
used in connection with community or technical college capital	12615
facilities, the cost of any indemnity and surety bonds and	12616
premiums on insurance, all related direct administrative expenses	12617
and allocable portions of direct costs of the authority, community	12618
or technical college or community or technical college district,	12619
cost of engineering, architectural services, design, plans,	12620
specifications and surveys, estimates of cost, legal fees, fees	12621
and expenses of trustees, depositories, bond registrars, and	12622
paying agents for the obligations, cost of issuance of the	12623
obligations and financing costs and fees and expenses of financial	12624
advisers and consultants in connection therewith, interest on the	12625
obligations from the date thereof to the time when interest is to	12626
be covered by available receipts or other sources other than	12627
proceeds of the obligations, amounts that represent the portion of	12628
investment earnings to be rebated or to be paid to the federal	12629
government in order to maintain the exclusion from gross income	12630
for federal income tax purposes of interest on those obligations	12631
pursuant to section 148(f) of the Internal Revenue Code, amounts	12632
necessary to establish reserves as required by the bond	12633
proceedings, costs of audits, the reimbursements of all moneys	12634
advanced or applied by or borrowed from the community or technical	12635
college, community or technical college district, or others, from	12636
whatever source provided, including any temporary advances from	12637
state appropriations, for the payment of any item or items of cost	12638
of community or technical college facilities, and all other	12639
expenses necessary or incident to planning or determining	12640
feasibility or practicability with respect to such facilities, and	12641
such other expenses as may be necessary or incident to the	12642
acquisition, construction, reconstruction, rehabilitation,	12643
remodeling, renovation, enlargement, improvement, equipment, and	12644
furnishing of community or technical college capital facilities,	12645
the financing thereof and the placing of them in use and	12646
operation, including any one, part of, or combination of such	12647
classes of costs and expenses.	12648

(B) Pursuant to the powers granted to the general assembly	12649
under Section 2i of Article VIII, Ohio Constitution, to authorize	12650
the issuance of revenue obligations and other obligations, the	12651
owners or holders of which are not given the right to have excises	12652
or taxes levied by the general assembly for the payment of	12653
principal thereof or interest thereon, the Ohio building authority	12654
may issue obligations, in accordance with Chapter 152. of the	12655
Revised Code, and shall cause the net proceeds thereof, after any	12656
deposits of accrued interest for the payment of bond service	12657
charges and after any deposit of all or such lesser portion as the	12658
authority may direct of the premium received upon the sale of	12659
those obligations for the payment of the bond service charges, to	12660
be applied to the costs of capital facilities designated by or	12661
pursuant to act of the general assembly for housing state agencies	12662
as authorized by Chapter 152. of the Revised Code. The authority	12663
shall provide by resolution for the issuance of such obligations.	12664
The bond service charges and all other payments required to be	12665
made by the trust agreement or indenture securing such obligations	12666
shall be payable solely from available receipts of the authority	12667
pledged thereto as provided in such resolution. The available	12668
receipts pledged and thereafter received by the authority are	12669
immediately subject to the lien of such pledge without any	12670
physical delivery thereof or further act, and the lien of any such	12671
pledge is valid and binding against all parties having claims of	12672
any kind against the authority, irrespective of whether those	12673
parties have notice thereof, and creates a perfected security	12674
interest for all purposes of Chapter 1309. of the Revised Code and	12675
a perfected lien for purposes of any real property interest, all	12676
without the necessity for separation or delivery of funds or for	12677
the filing or recording of the resolution, trust agreement,	12678
indenture, or other agreement by which such pledge is created or	12679
any certificate, statement, or other document with respect	12680
thereto; and the pledge of such available receipts is effective	12681
and the money therefrom and thereof may be applied to the purposes	12682
for which pledged. Every pledge, and every covenant and agreement	12683
made with respect to the pledge, made in the resolution may	12684
therein be extended to the benefit of the owners and holders of	12685
obligations authorized by Chapter 152. of the Revised Code, the	12686
net proceeds of which are to be applied to the costs of capital	12687
facilities, and to any trustee therefor, for the further securing	12688
of the payment of the bond service charges, and all or any rights	12689
under any agreement or lease made under this section may be	12690
assigned for such purpose. Obligations may be issued at one time	12691
or from time to time, and each issue shall be dated, shall mature	12692
at such time or times as determined by the authority not exceeding	12693
forty years from the date of issue, and may be redeemable before	12694
maturity at the option of the authority at such price or prices	12695
and under such terms and conditions as are fixed by the authority	12696
prior to the issuance of the obligations. The authority shall	12697
determine the form of the obligations, fix their denominations,	12698
establish their interest rate or rates, which may be a variable	12699
rate or rates, or the maximum interest rate, and establish within	12700
or without this state a place or places of payment of bond service	12701
charges.	12702

(C) The obligations shall be signed by the authority	12703
chairperson, vice-chairperson, and secretary-treasurer, and the	12704
authority seal shall be affixed. The signatures may be facsimile	12705
signatures and the seal affixed may be a facsimile seal, as	12706
provided by resolution of the authority. Any coupons attached may	12707
bear the facsimile signature of the chairperson. In case any	12708
officer who has signed any obligations, or caused the officer's	12709
facsimile signature to be affixed thereto, ceases to be such	12710
officer before such obligations have been delivered, such	12711
obligations may, nevertheless, be issued and delivered as though	12712
the person who had signed the obligations or caused the person's	12713
facsimile signature to be affixed thereto had not ceased to be	12714
such officer.	12715

Any obligations may be executed on behalf of the authority by	12716
an officer who, on the date of execution, is the proper officer	12717
although on the date of such obligations such person was not the	12718
proper officer.	12719

(D) All obligations issued by the authority shall have all	12720
the qualities and incidents of negotiable instruments and may be	12721
issued in coupon or in registered form, or both, as the authority	12722
determines. Provision may be made for the registration of any	12723
obligations with coupons attached thereto as to principal alone or	12724
as to both principal and interest, their exchange for obligations	12725
so registered, and for the conversion or reconversion into	12726
obligations with coupons attached thereto of any obligations	12727
registered as to both principal and interest, and for reasonable	12728
charges for such registration, exchange, conversion, and	12729
reconversion. The authority may sell its obligations in any manner	12730
and for such prices as it determines, except that the authority	12731
shall sell obligations sold at public or private sale in	12732
accordance with section 152.091 of the Revised Code.	12733

(E) The obligations of the authority, principal, interest,	12734
and any proceeds from their sale or transfer, are exempt from all	12735
taxation within this state.	12736

(F) The authority is authorized to issue revenue obligations	12737
and other obligations under Section 2i of Article VIII, Ohio	12738
Constitution, for the purpose of paying the cost of capital	12739
facilities for housing of branches and agencies of state	12740
government, including capital facilities for the purpose of	12741
housing personnel, equipment, or functions, or any combination	12742
thereof that the state agencies are responsible for housing, as	12743
are authorized by Chapter 152. of the Revised Code, and that are	12744
authorized by the general assembly by the appropriation of lease	12745
payments or other moneys for such capital facilities or by any	12746
other act of the general assembly, but not including the	12747
appropriation of moneys for feasibility studies for such capital	12748
facilities. This division does not authorize the authority to	12749
issue obligations pursuant to Section 2i of Article VIII, Ohio	12750
Constitution, to pay the cost of capital facilities for mental	12751
hygiene and retardation, parks and recreation, or state-supported	12752
or state-assisted institutions of higher education.	12753

(G) The authority is authorized to issue revenue obligations	12754
under Section 2i of Article VIII, Ohio Constitution, on behalf of	12755
a community or technical college district and shall cause the net	12756
proceeds thereof, after any deposits of accrued interest for the	12757
payment of bond service charges and after any deposit of all or	12758
such lesser portion as the authority may direct of the premium	12759
received upon the sale of those obligations for the payment of the	12760
bond service charges, to be applied to the cost of community or	12761
technical college capital facilities, provided that the issuance	12762
of such obligations is subject to the execution of a written	12763
agreement in accordance with division (C) of section ~~3333.90~~	12764
3333.59 of the Revised Code for the withholding and depositing of	12765
funds otherwise due the district, or the college it operates, in	12766
respect of its allocated state share of instruction.	12767

The authority shall provide by resolution for the issuance of	12768
such obligations. The bond service charges and all other payments	12769
required to be made by the trust agreement or indenture securing	12770
the obligations shall be payable solely from available community	12771
or technical college receipts pledged thereto as provided in the	12772
resolution. The available community or technical college receipts	12773
pledged and thereafter received by the authority are immediately	12774
subject to the lien of such pledge without any physical delivery	12775
thereof or further act, and the lien of any such pledge is valid	12776
and binding against all parties having claims of any kind against	12777
the authority, irrespective of whether those parties have notice	12778
thereof, and creates a perfected security interest for all	12779
purposes of Chapter 1309. of the Revised Code and a perfected lien	12780
for purposes of any real property interest, all without the	12781
necessity for separation or delivery of funds or for the filing or	12782
recording of the resolution, trust agreement, indenture, or other	12783
agreement by which such pledge is created or any certificate,	12784
statement, or other document with respect thereto; and the pledge	12785
of such available community or technical college receipts is	12786
effective and the money therefrom and thereof may be applied to	12787
the purposes for which pledged. Every pledge, and every covenant	12788
and agreement made with respect to the pledge, made in the	12789
resolution may therein be extended to the benefit of the owners	12790
and holders of obligations authorized by this division, and to any	12791
trustee therefor, for the further securing of the payment of the	12792
bond service charges, and all or any rights under any agreement or	12793
lease made under this section may be assigned for such purpose.	12794
Obligations may be issued at one time or from time to time, and	12795
each issue shall be dated, shall mature at such time or times as	12796
determined by the authority not exceeding forty years from the	12797
date of issue, and may be redeemable before maturity at the option	12798
of the authority at such price or prices and under such terms and	12799
conditions as are fixed by the authority prior to the issuance of	12800
the obligations. The authority shall determine the form of the	12801
obligations, fix their denominations, establish their interest	12802
rate or rates, which may be a variable rate or rates, or the	12803
maximum interest rate, and establish within or without this state	12804
a place or places of payment of bond service charges.	12805

Sec. 153.692. For every design-build contract, the public	12806
authority planning to contract for design-build services shall	12807
first obtain the services of a criteria architect or engineer by	12808
doing either of the following:	12809

(A) Contracting for the services consistent with sections	12810
153.65 to 153.70 of the Revised Code;	12811

(B) Obtaining the services through an architect or engineer	12812
who is an employee of the public authority and notifying the	12813
~~department of administrative services~~Ohio facilities construction	12814
commission before the services are performed.	12815

Sec. 154.01. As used in this chapter:

12816

(A) "Commission" means the Ohio public facilities commission	12817
created in section 151.02 of the Revised Code.	12818

(B) "Obligations" means bonds, notes, or other evidences of	12819
obligation, including interest coupons pertaining thereto, issued	12820
pursuant to Chapter 154. of the Revised Code.	12821

(C) "Bond proceedings" means the order or orders, resolution	12822
or resolutions, trust agreement, indenture, lease, and other	12823
agreements, amendments and supplements to the foregoing, or any	12824
combination thereof, authorizing or providing for the terms and	12825
conditions applicable to, or providing for the security of,	12826
obligations issued pursuant to Chapter 154. of the Revised Code,	12827
and the provisions contained in such obligations.	12828

(D) "State agencies" means the state of Ohio and officers,	12829
boards, commissions, departments, divisions, or other units or	12830
agencies of the state.	12831

(E) "Governmental agency" means state agencies, state	12832
supported and assisted institutions of higher education, municipal	12833
corporations, counties, townships, school districts, and any other	12834
political subdivision or special district in this state	12835
established pursuant to law, and, except where otherwise	12836
indicated, also means the United States or any department,	12837
division, or agency thereof, and any agency, commission, or	12838
authority established pursuant to an interstate compact or	12839
agreement.	12840

(F) "Institutions of higher education" and "state supported	12841
or state assisted institutions of higher education" means the	12842
state universities identified in section 3345.011 of the Revised	12843
Code, the northeast Ohio medical university, state universities or	12844
colleges at any time created, community college districts,	12845
university branch districts, and technical college districts at	12846
any time established or operating under Chapter 3354., 3355., or	12847
3357. of the Revised Code, and other institutions for education,	12848
including technical education, beyond the high school, receiving	12849
state support or assistance for their expenses of operation.	12850

(G) "Governing body" means:

12851

(1) In the case of institutions of higher education, the	12852
board of trustees, board of directors, commission, or other body	12853
vested by law with the general management, conduct, and control of	12854
one or more institutions of higher education;	12855

(2) In the case of a county, the board of county	12856
commissioners or other legislative body; in the case of a	12857
municipal corporation, the council or other legislative body; in	12858
the case of a township, the board of township trustees; in the	12859
case of a school district, the board of education;	12860

(3) In the case of any other governmental agency, the	12861
officer, board, commission, authority or other body having the	12862
general management thereof or having jurisdiction or authority in	12863
the particular circumstances.	12864

(H) "Person" means any person, firm, partnership,	12865
association, or corporation.	12866

(I) "Bond service charges" means principal, including	12867
mandatory sinking fund requirements for retirement of obligations,	12868
and interest, and redemption premium, if any, required to be paid	12869
by the state on obligations. If not prohibited by the applicable	12870
bond proceedings, bond service charges may include costs relating	12871
to credit enhancement facilities that are related to and	12872
represent, or are intended to provide a source of payment of or	12873
limitation on, other bond service charges.	12874

(J) "Capital facilities" means buildings, structures, and	12875
other improvements, and equipment, real estate, and interests in	12876
real estate therefor, within the state, and any one, part of, or	12877
combination of the foregoing, to serve the general purposes for	12878
which the issuing authority is authorized to issue obligations	12879
pursuant to Chapter 154. of the Revised Code, including, but not	12880
limited to, drives, roadways, parking facilities, walks, lighting,	12881
machinery, furnishings, utilities, landscaping, wharves, docks,	12882
piers, reservoirs, dams, tunnels, bridges, retaining walls,	12883
riprap, culverts, ditches, channels, watercourses, retention	12884
basins, standpipes and water storage facilities, waste treatment	12885
and disposal facilities, heating, air conditioning and	12886
communications facilities, inns, lodges, cabins, camping sites,	12887
golf courses, boat and bathing facilities, athletic and	12888
recreational facilities, and site improvements.	12889

(K) "Costs of capital facilities" means the costs of	12890
acquiring, constructing, reconstructing, rehabilitating,	12891
remodeling, renovating, enlarging, improving, equipping, or	12892
furnishing capital facilities, and the financing thereof,	12893
including the cost of clearance and preparation of the site and of	12894
any land to be used in connection with capital facilities, the	12895
cost of any indemnity and surety bonds and premiums on insurance,	12896
all related direct administrative expenses and allocable portions	12897
of direct costs of the commission or issuing authority and	12898
department of administrative services, or other designees of the	12899
commission under section 154.17 of the Revised Code, cost of	12900
engineering and architectural services, designs, plans,	12901
specifications, surveys, and estimates of cost, legal fees, fees	12902
and expenses of trustees, depositories, and paying agents for the	12903
obligations, cost of issuance of the obligations and financing	12904
charges and fees and expenses of financial advisers and	12905
consultants in connection therewith, interest on obligations,	12906
including but not limited to, interest from the date of their	12907
issuance to the time when interest is to be covered from sources	12908
other than proceeds of obligations, amounts necessary to establish	12909
reserves as required by the bond proceedings, costs of audits, the	12910
reimbursement of all moneys advanced or applied by or borrowed	12911
from any governmental agency, whether to or by the commission or	12912
others, from whatever source provided, for the payment of any item	12913
or items of cost of the capital facilities, any share of the cost	12914
undertaken by the commission pursuant to arrangements made with	12915
governmental agencies under division (H) of section 154.06 of the	12916
Revised Code, and all other expenses necessary or incident to	12917
planning or determining feasibility or practicability with respect	12918
to capital facilities, and such other expenses as may be necessary	12919
or incident to the acquisition, construction, reconstruction,	12920
rehabilitation, remodeling, renovation, enlargement, improvement,	12921
equipment, and furnishing of capital facilities, the financing	12922
thereof and the placing of the same in use and operation,	12923
including any one, part of, or combination of such classes of	12924
costs and expenses.	12925

(L) "Public service facilities" means inns, lodges, hotels,	12926
cabins, camping sites, scenic trails, picnic sites, restaurants,	12927
commissaries, golf courses, boating and bathing facilities and	12928
other similar facilities in state parks.	12929

(M) "State parks" means:

12930

(1) State reservoirs described and identified in section	12931
1541.06 of the Revised Code;	12932

(2) All lands or interests therein of the state identified as	12933
administered by the division of parks and recreation in the	12934
"inventory of state owned lands administered by the department of	12935
natural resources as of June 1, 1963," as recorded in the journal	12936
of the director, which inventory was prepared by the real estate	12937
section of the department and is supported by maps now on file in	12938
said real estate section;	12939

(3) All lands or interests in lands of the state designated	12940
after June 1, 1963, as state parks in the journal of the director	12941
with the approval of the recreation and resources council.	12942

State parks do not include any lands or interest in lands of	12943
the state administered jointly by two or more divisions of the	12944
department of natural resources. The designation of lands as state	12945
parks under divisions (M)(1) to (3) of this section is conclusive	12946
and such lands shall be under the control of and administered by	12947
the division of parks and recreation. No order or proceeding	12948
designating lands as state parks or park purchase areas is subject	12949
to any appeal or review by any officer, board, commission, or	12950
court.	12951

(N) "Bond service fund" means the applicable fund created for	12952
and pledged to the payment of bond service charges under section	12953
154.20, 154.21, 154.22, or 154.23 of the Revised Code, including	12954
all moneys and investments, and earnings from investments,	12955
credited and to be credited thereto.	12956

(O) "Improvement fund" means the applicable fund created for	12957
the payment of costs of capital facilities under section 123.201,	12958
154.20, 154.21, or 154.22~~, or 3383.09~~ of the Revised Code,	12959
including all moneys and investments, and earnings from	12960
investments, credited and to be credited thereto.	12961

(P) "Special funds" or "funds" means, except where the	12962
context does not permit, the bond service funds, the improvements	12963
funds, and any other funds for similar or different purposes	12964
created under bond proceedings, including all moneys and	12965
investments, and earnings from investments, credited and to be	12966
credited thereto.	12967

(Q) "Year" unless the context indicates a different meaning	12968
or intent, means a calendar year beginning on the first day of	12969
January and ending on the thirty-first day of December.	12970

(R) "Fiscal year" means the period of twelve months beginning	12971
on the first day of July and ending on the thirtieth day of June.	12972

(S) "Issuing authority" means the treasurer of state or the	12973
officer or employee who by law performs the functions of that	12974
office.	12975

(T) "Credit enhancement facilities" has the same meaning as	12976
in section 133.01 of the Revised Code.	12977

(U) "Ohio cultural facility" and "Ohio sports facility" have	12978
the same meanings as in section ~~3383.01~~123.28 of the Revised	12979
Code.	12980

Sec. 154.17. The departments of administrative services,	12981
~~mental health~~mental health and addiction services, developmental	12982
disabilities, rehabilitation and correction, and natural	12983
resources, the Ohio board of regents, institutions of higher	12984
education, and other state officers and state agencies shall	12985
cooperate with the commission in providing services and	12986
information requested by the commission for purposes of Chapter	12987
154. of the Revised Code, and the commission may make mutually	12988
satisfactory arrangements therefor and may thereunder designate	12989
any governmental agency for the management or performance of	12990
particular functions of the commission, other than the	12991
authorization and issuance of obligations provided for in Chapter	12992
154. of the Revised Code, pursuant to which designation, upon	12993
acceptance thereof by that governmental agency, that function may	12994
be carried out with the full force and effect as if performed by	12995
the commission. Any such designation shall be made only by formal	12996
action or written agreement of the commission. In the management	12997
of capital facilities or performance of other functions with	12998
respect thereto, a governmental agency may exercise all powers	12999
which it has under law with respect to other similar facilities	13000
under its jurisdiction.	13001

Contracts relating to capital facilities shall be made in	13002
accordance with the law pertaining to the governmental agency	13003
designated under authority of this section to perform such	13004
contracting function, and in any other case shall be made in	13005
accordance with Chapter 153. of the Revised Code, for which	13006
purpose the commission shall be considered the owner, provided	13007
that the commission may assign the function of owner to the	13008
department of administrative services or other governmental agency	13009
as it determines. The commission may acquire by assignment from	13010
any governmental agency contracts which are not completed and	13011
which involve acquiring, constructing, reconstructing,	13012
rehabilitating, remodeling, renovating, enlarging, improving,	13013
equipping, or furnishing capital facilities, provided that such	13014
governmental agency has complied with the procedures prescribed by	13015
laws for its letting of such contract.	13016

No contract shall be let or assignment thereof accepted under	13017
this section involving performance in accordance with plans and	13018
specifications until such plans and specifications have been	13019
submitted to and approved by the governmental agency to have	13020
responsibility for the management of the capital facilities	13021
provided for in such plans and specifications, which approval	13022
shall be considered to be given if no approval or disapproval is	13023
communicated in writing to the commission or its designee for such	13024
purpose within sixty days following such submission of plans and	13025
specifications. Approval by such governmental agency of changes in	13026
plans and specifications is not required if the director of	13027
administrative services or the designee of the commission for such	13028
purpose shall certify that such changes do not substantially	13029
change the location, character, or extent of such capital	13030
facilities.	13031

Sec. 154.20. (A) Subject to authorization by the general	13032
assembly under section 154.02 of the Revised Code, the issuing	13033
authority may issue obligations pursuant to this chapter to pay	13034
costs of capital facilities for mental hygiene and retardation,	13035
including housing for mental hygiene and retardation patients.	13036

(B) Any capital facilities for mental hygiene or retardation,	13037
including housing for mental hygiene and retardation patients, may	13038
be leased by the commission to the department of ~~mental health,~~	13039
mental health and addiction services or the department of	13040
developmental disabilities~~, or the department of alcohol and drug~~	13041
~~addiction services~~, and other agreements may be made by the	13042
commission and any one or more of these departments with respect	13043
to the use or purchase of such capital facilities or, subject to	13044
the approval of the director of the department, the commission may	13045
lease such capital facilities to, and make or provide for other	13046
agreements with respect to the use or purchase thereof with, any	13047
governmental agency having authority under law to operate such	13048
capital facilities, and the director of the department may	13049
sublease such capital facilities to, and make other agreements	13050
with respect to the use or purchase thereof with, any such	13051
governmental agency, which may include provisions for transmittal	13052
to the mental health bond service trust fund created under	13053
division (E) of this section, by such governmental agency or by a	13054
nonprofit corporation providing mental hygiene and retardation	13055
services for or under contract with or the supervision of that	13056
governmental agency, of receipts of that agency or nonprofit	13057
corporation from charges for the treatment or care of mental	13058
hygiene and retardation patients, all upon such terms and	13059
conditions as the parties may agree upon and pursuant to this	13060
chapter, notwithstanding any other provision of law affecting the	13061
leasing, acquisition, or disposition of capital facilities by the	13062
parties.	13063

(C) For purposes of this section, "available receipts" means	13064
all receipts of the state from charges for the treatment or care	13065
of mental hygiene and retardation patients, including support	13066
payments received under Chapter 5121. of the Revised Code and	13067
moneys required to be transmitted to the mental health bond	13068
service trust fund pursuant to subleases and other agreements	13069
between any of the departments and another governmental agency	13070
pursuant to division (B) of this section as the subleases and	13071
other agreements may be further implemented for internal planning,	13072
budgeting, and accounting purposes pursuant to rules adopted by	13073
the director of ~~mental health,~~mental health and addiction	13074
services or director of developmental disabilities~~, or director of~~	13075
~~alcohol and drug addiction services~~, any revenues or receipts	13076
derived by the commission from the operation, leasing, or other	13077
disposition of capital facilities financed under this section, the	13078
proceeds of obligations issued under this section and sections	13079
154.11 and 154.12 of the Revised Code, and also means any gifts,	13080
grants, donations, and pledges, and receipts therefrom, available	13081
for the payment of bond service charges on such obligations. The	13082
issuing authority may pledge all, or such portion as that	13083
authority determines, of the available receipts to the payment of	13084
bond service charges on obligations issued under this section and	13085
under sections 154.11 and 154.12 of the Revised Code and for the	13086
establishment and maintenance of any reserves, as provided in the	13087
bond proceedings, and make other provisions therein with respect	13088
to such available receipts as authorized by this chapter, which	13089
provisions shall be controlling notwithstanding any other	13090
provision of law pertaining thereto.	13091

(D) The issuing authority may covenant in the bond	13092
proceedings that the state and state agencies shall, so long as	13093
any obligations issued under this section are outstanding, cause	13094
to be charged and collected charges for the treatment or care of	13095
mental hygiene and retardation patients sufficient in amount to	13096
provide for the payment of bond service charges on such	13097
obligations and for the establishment and maintenance of any	13098
reserves, as provided in the bond proceedings, and such covenants	13099
shall be controlling notwithstanding any other provision of law	13100
pertaining to such charges.	13101

(E) There is hereby created the mental health bond service	13102
trust fund, which shall be in the custody of the treasurer of	13103
state but shall be separate and apart from and not a part of the	13104
state treasury. All moneys received by or on account of the	13105
commission or issuing authority or state agencies and required by	13106
the applicable bond proceedings to be deposited, transferred, or	13107
credited to the fund, and all other moneys transferred or	13108
allocated to or received for the purposes of the fund, shall be	13109
deposited with the treasurer of state and credited to such fund,	13110
subject to applicable provisions of the bond proceedings, but	13111
without necessity for any act of appropriation. The mental health	13112
bond service trust fund is a trust fund and is hereby pledged to	13113
the payment of bond service charges on the obligations issued	13114
pursuant to this section and sections 154.11 and 154.12 of the	13115
Revised Code to the extent provided in the applicable bond	13116
proceedings, and payment thereof from such fund shall be made or	13117
provided for by the treasurer of state in accordance with such	13118
bond proceedings without necessity for any act of appropriation.	13119

(F) There is hereby created in the state treasury the mental	13120
health facilities improvement fund. Subject to the bond	13121
proceedings therefor, all of the proceeds of the sale of	13122
obligations pursuant to this section shall be credited to the	13123
fund, except that any accrued interest shall be credited to the	13124
mental health bond service fund. The mental health facilities	13125
improvement fund may also be comprised of gifts, grants,	13126
appropriated moneys, and other sums and securities received to the	13127
credit of such fund. All investment earnings on the cash balance	13128
in the fund shall be credited to the fund. The fund shall be	13129
applied only to the following purposes:	13130

(1) Paying costs of capital facilities for mental hygiene and	13131
retardation, including housing for mental hygiene and retardation	13132
patients, under the jurisdiction of the department of ~~mental~~	13133
~~health,~~mental health and addiction services or department of	13134
developmental disabilities~~, or department of alcohol and drug~~	13135
~~addiction services~~;	13136

(2) Participating in capital facilities for mental hygiene	13137
and retardation, including housing for mental hygiene and	13138
retardation patients, with the federal government, municipal	13139
corporations, counties, or other governmental agencies, or a	13140
nonprofit corporation specifically chartered to provide a mental	13141
health or mental retardation service when such service fulfills a	13142
public purpose, which participation may be by grants or	13143
contributions to them for such capital facilities. Except as	13144
provided in division (G) of this section, the nonprofit	13145
corporation may act in concert with a limited partnership or a	13146
limited liability company eligible to participate in the nonprofit	13147
set-aside described in section 42(h)(5) of the "Internal Revenue	13148
Code of 1986," 100 Stat. 2198, 26 U.S.C. 42, and the Ohio housing	13149
finance agency's housing tax credit program for the purpose of	13150
making use of low-income housing tax credits in support of housing	13151
for mental hygiene and retardation patients.	13152

(G) A nonprofit corporation providing a mental retardation	13153
service must obtain written approval from the director of	13154
developmental disabilities before acting in concert with a limited	13155
partnership or limited liability company as described in division	13156
(F)(2) of this section. However, the director may issue one	13157
blanket approval for all such nonprofit corporations.	13158

(H) This section is to be applied with other applicable	13159
provisions of this chapter.	13160

Sec. 154.22. (A) Subject to authorization by the general	13161
assembly under section 154.02 of the Revised Code, the issuing	13162
authority may authorize and issue obligations pursuant to this	13163
chapter to pay costs of capital facilities for parks and	13164
recreation.	13165

(B) Any capital facilities for parks and recreation may be	13166
leased by the commission to the department of natural resources	13167
and other agreements may be made by the commission and such	13168
department with respect to the use or purchase of such capital	13169
facilities or, subject to the approval of the director of such	13170
department, the commission may lease such capital facilities to,	13171
and make other agreements with respect to their use or purchase	13172
with, any governmental agency having authority under law to	13173
operate such capital facilities, and the director of such	13174
department may sublease such capital facilities to, and make other	13175
agreements with respect to the use or purchase thereof with, any	13176
such governmental agency, or such director may sublease or	13177
contract for the operation of such capital facilities in	13178
accordance with the applicable provisions of sections 1501.09,	13179
1501.091, and 1501.10 of the Revised Code, all upon such terms and	13180
conditions as the parties may agree upon and pursuant to this	13181
chapter, notwithstanding any other provisions of law affecting the	13182
leasing, acquisition, or disposition of capital facilities by such	13183
parties.	13184

(C) For purposes of this section, "available receipts" means	13185
all receipts, including fees, charges, and rentals, derived or to	13186
be derived from state parks and public service facilities in any	13187
state park or parks, any other receipts of state agencies with	13188
respect to parks and recreational facilities, any revenues or	13189
receipts derived by the commission from the operation, leasing, or	13190
other disposition of capital facilities financed under this	13191
section, the proceeds of obligations issued under this section and	13192
sections 154.11 and 154.12 of the Revised Code, and also means any	13193
gifts, grants, donations, and pledges, and receipts thereon,	13194
available for the payment of bond service charges on obligations	13195
issued under this section. The issuing authority may pledge all,	13196
or such portion as it determines, of the available receipts to the	13197
payment of bond service charges on obligations issued under this	13198
section and sections 154.11 and 154.12 of the Revised Code and for	13199
the establishment and maintenance of any reserves, as provided in	13200
the bond proceedings, and make other provisions therein with	13201
respect to such available receipts as authorized by this chapter,	13202
which provisions shall be controlling notwithstanding any other	13203
provision of law pertaining thereto.	13204

(D) The issuing authority may covenant in the bond proceeding	13205
that the state and state agencies shall, so long as any	13206
obligations issued under this section are outstanding, cause to be	13207
charged and collected fees, charges, and rentals for the use of	13208
state parks and public service facilities and other fees and	13209
charges with respect to parks and recreation sufficient in amount	13210
to provide for the payment of bond service charges on such	13211
obligations and for the establishment and maintenance of any	13212
reserves as provided in the bond proceedings, and such covenants	13213
shall be controlling notwithstanding any other provision of law	13214
pertaining to such charges except any provision of law prohibiting	13215
or limiting charges for the use of swimming facilities of state	13216
parks and public service facilities by persons under sixteen years	13217
of age.	13218

(E) There is hereby created the parks and recreation bond	13219
service trust fund, which shall be in the custody of the treasurer	13220
of state but shall be separate and apart from and not a part of	13221
the state treasury. All moneys received by or on account of the	13222
commission or issuing authority or state agencies and required by	13223
the applicable bond proceedings to be deposited, transferred, or	13224
allocated to or received for the purposes of the trust fund shall	13225
be deposited with the treasurer of state and credited to such	13226
fund, subject to applicable provisions of the bond proceedings but	13227
without necessity for any act of appropriation. The trust fund is	13228
hereby pledged to the payment of bond service charges on the	13229
obligations issued pursuant to this section and sections 154.11	13230
and 154.12 of the Revised Code to the extent provided in the	13231
applicable bond proceedings, and payment thereof from such fund	13232
shall be made or provided for by the treasurer of state in	13233
accordance with such bond proceedings without necessity for any	13234
act of appropriation.	13235

(F) There is hereby created in the state treasury the parks	13236
and recreation improvement fund. Subject to the bond proceedings	13237
therefor, all of the proceeds of the sale of obligations issued	13238
pursuant to this section shall be credited to such fund, except	13239
that any accrued interest received shall be credited to the parks	13240
and recreation bond service trust fund. The parks and recreation	13241
improvement fund may also be comprised of gifts, grants,	13242
appropriated moneys, and other sums and securities received to the	13243
credit of such fund. Such fund shall be applied only to the	13244
purpose of paying costs of capital facilities for parks and	13245
recreation under the jurisdiction of the department of natural	13246
resources or for participation in capital facilities for parks and	13247
recreation with the federal government, municipal corporations,	13248
counties, or other governmental agencies, or any one or more of	13249
them, which participation may be by grants or contributions to	13250
them for such capital facilities. All investment earnings on the	13251
cash balance in the fund shall be credited to the fund.	13252

(G) All state parks shall be exclusively under the control	13253
and administration of the division of parks and recreation. With	13254
the approval of the recreation and resources council, the director	13255
of natural resources may by order remove from the classification	13256
as state parks any of the lands or interests therein referred to	13257
in divisions (M)(2) and (3) of section 154.01 of the Revised Code,	13258
subject to the limitations, provisions, and conditions in any	13259
order authorizing state park revenue bonds, in any trust agreement	13260
securing such bonds, or in bond proceedings with respect to	13261
obligations issued pursuant to this section. Lands or interests	13262
therein so removed shall be transferred to other divisions of the	13263
department for administration or may be sold as provided by law.	13264
Proceeds of any sale shall be used or transferred as provided in	13265
the order authorizing state park revenue bonds or in such trust	13266
agreement, or in bond proceedings with respect to obligations	13267
issued pursuant to this section, and if no such provision is made	13268
shall be transferred to the state park fund created by section	13269
1541.22 of the Revised Code.	13270

(H) This section shall be applied with other applicable	13271
provisions of this chapter.	13272

(I) Any instrument by which real property is acquired	13273
pursuant to this section shall identify the agency of the state	13274
that has the use and benefit of the real property as specified in	13275
section 5301.012 of the Revised Code.	13276

Sec. 154.23. (A) Subject to authorization by the general	13277
assembly under section 154.02 of the Revised Code, the issuing	13278
authority may issue obligations pursuant to this chapter to pay	13279
costs of capital facilities for Ohio cultural facilities and Ohio	13280
sports facilities.	13281

(B) The Ohio public facilities commission may lease any	13282
capital facilities for Ohio cultural facilities or Ohio sports	13283
facilities to, and make or provide for other agreements with	13284
respect to the use or purchase of such capital facilities with,	13285
the Ohio ~~cultural~~ facilities construction commission and, with the	13286
Ohio ~~cultural~~ facilities construction commission's approval, any	13287
governmental agency having authority under law to operate such	13288
capital facilities. ~~Any lease or agreement shall be subject to~~	13289
~~Chapter 3383. of the Revised Code.~~	13290

(C) For purposes of this section, "available receipts" means	13291
any revenues or receipts derived by the Ohio public facilities	13292
commission from the operation, leasing, or other disposition of	13293
capital facilities financed under this section, the proceeds of	13294
obligations issued under this section and section 154.11 or 154.12	13295
of the Revised Code, and also means any gifts, grants, donations,	13296
and pledges, and receipts thereon, available for the payment of	13297
bond service charges on obligations issued under this section. The	13298
issuing authority may pledge all, or such portion as it	13299
determines, of the available receipts to the payment of bond	13300
service charges on obligations issued under this section and	13301
section 154.11 or 154.12 of the Revised Code and for the	13302
establishment and maintenance of any reserves, as provided in the	13303
bond proceedings, and make other provisions therein with respect	13304
to such available receipts as authorized by this chapter, which	13305
provisions shall be controlling notwithstanding any other	13306
provision of law pertaining thereto.	13307

(D) There is hereby created one or more funds, as determined	13308
by the issuing authority in the bond proceedings, designated as	13309
the "Ohio cultural facilities ~~commission~~ bond service fund" with,	13310
if more than one such fund, such further identifying name as the	13311
issuing authority determines, which shall be in the custody of the	13312
treasurer of state but shall be separate and apart from and not a	13313
part of the state treasury. All money received by or on account of	13314
the issuing authority or the Ohio ~~cultural~~ facilities construction	13315
commission and required by the applicable bond proceedings to be	13316
deposited, transferred, or credited to the Ohio cultural	13317
facilities ~~commission~~ bond service fund, and all other money	13318
transferred or allocated to or received for the purposes of that	13319
fund shall be deposited with the treasurer of state and credited	13320
to the applicable fund, subject to applicable provisions of the	13321
bond proceedings, but without necessity of any act or	13322
appropriation. The Ohio cultural facilities ~~commission~~ bond	13323
service funds are trust funds and are hereby pledged to the	13324
payment of bond service charges on the applicable obligations	13325
issued pursuant to this section and section 154.11 or 154.12 of	13326
the Revised Code to the extent provided in the applicable bond	13327
proceedings, and payment thereof from such funds shall be made or	13328
provided for by the treasurer of state in accordance with the	13329
applicable bond proceedings without necessity for any act or	13330
appropriation.	13331

(E) This section is to be applied with other applicable	13332
provisions of this chapter.	13333

Sec. 154.25. (A) As used in this section:

13334

(1) "Available community or technical college receipts" means	13335
all money received by a community or technical college or	13336
community or technical college district, including income,	13337
revenues, and receipts from the operation, ownership, or control	13338
of facilities, grants, gifts, donations, and pledges and receipts	13339
therefrom, receipts from fees and charges, the allocated state	13340
share of instruction as defined in section ~~3333.90~~3333.59 of the	13341
Revised Code, and the proceeds of the sale of obligations,	13342
including proceeds of obligations issued to refund obligations	13343
previously issued, but excluding any special fee, and receipts	13344
therefrom, charged pursuant to division (D) of section 154.21 of	13345
the Revised Code.	13346

(2) "Community or technical college," "college," "community	13347
or technical college district," and "district" have the same	13348
meanings as in section ~~3333.90~~3333.59 of the Revised Code.	13349

(3) "Community or technical college capital facilities" means	13350
auxiliary facilities, education facilities, and housing and dining	13351
facilities, as those terms are defined in section 3345.12 of the	13352
Revised Code, to the extent permitted to be financed by the	13353
issuance of obligations under division (A)(2) of section 3357.112	13354
of the Revised Code, that are authorized by sections 3354.121,	13355
3357.112, and 3358.10 of the Revised Code to be financed by	13356
obligations issued by a community or technical college district,	13357
and for which the issuing authority is authorized to issue	13358
obligations pursuant to this section, and includes any one, part	13359
of, or any combination of the foregoing, and further includes site	13360
improvements, utilities, machinery, furnishings, and any separate	13361
or connected buildings, structures, improvements, sites, open	13362
space and green space areas, utilities, or equipment to be used	13363
in, or in connection with the operation or maintenance of, or	13364
supplementing or otherwise related to the services or facilities	13365
to be provided by, such facilities.	13366

(4) "Cost of community or technical college capital	13367
facilities" means the costs of acquiring, constructing,	13368
reconstructing, rehabilitating, remodeling, renovating, enlarging,	13369
improving, equipping, or furnishing community or technical college	13370
capital facilities, and the financing thereof, including the cost	13371
of clearance and preparation of the site and of any land to be	13372
used in connection with community or technical college capital	13373
facilities, the cost of any indemnity and surety bonds and	13374
premiums on insurance, all related direct administrative expenses	13375
and allocable portions of direct costs of the commission and the	13376
issuing authority, community or technical college or community or	13377
technical college district, cost of engineering, architectural	13378
services, design, plans, specifications and surveys, estimates of	13379
cost, legal fees, fees and expenses of trustees, depositories,	13380
bond registrars, and paying agents for obligations, cost of	13381
issuance of obligations and financing costs and fees and expenses	13382
of financial advisers and consultants in connection therewith,	13383
interest on obligations from the date thereof to the time when	13384
interest is to be covered by available receipts or other sources	13385
other than proceeds of those obligations, amounts necessary to	13386
establish reserves as required by the bond proceedings, costs of	13387
audits, the reimbursements of all moneys advanced or applied by or	13388
borrowed from the community or technical college, community or	13389
technical college district, or others, from whatever source	13390
provided, including any temporary advances from state	13391
appropriations, for the payment of any item or items of cost of	13392
community or technical college facilities, and all other expenses	13393
necessary or incident to planning or determining feasibility or	13394
practicability with respect to such facilities, and such other	13395
expenses as may be necessary or incident to the acquisition,	13396
construction, reconstruction, rehabilitation, remodeling,	13397
renovation, enlargement, improvement, equipment, and furnishing of	13398
community or technical college capital facilities, the financing	13399
thereof and the placing of them in use and operation, including	13400
any one, part of, or combination of such classes of costs and	13401
expenses.	13402

(5) "Capital facilities" includes community or technical	13403
college capital facilities.	13404

(6) "Obligations" has the same meaning as in section 154.01	13405
or 3345.12 of the Revised Code, as the context requires.	13406

(B) The issuing authority is authorized to issue revenue	13407
obligations under Section 2i of Article VIII, Ohio Constitution,	13408
on behalf of a community or technical college district and shall	13409
cause the net proceeds thereof, after any deposits of accrued	13410
interest for the payment of bond service charges and after any	13411
deposit of all or such lesser portion as the issuing authority may	13412
direct of the premium received upon the sale of those obligations	13413
for the payment of the bond service charges, to be applied to the	13414
cost of community or technical college capital facilities,	13415
provided that the issuance of such obligations is subject to the	13416
execution of a written agreement in accordance with division (C)	13417
of section ~~3333.90~~3333.59 of the Revised Code for the withholding	13418
and depositing of funds otherwise due the district, or the college	13419
it operates, in respect of its allocated state share of	13420
instruction.	13421

(C) The bond service charges and all other payments required	13422
to be made by the trust agreement or indenture securing the	13423
obligations shall be payable solely from available community or	13424
technical college receipts pledged thereto as provided in the	13425
resolution. The available community or technical college receipts	13426
pledged and thereafter received by the commission are immediately	13427
subject to the lien of such pledge without any physical delivery	13428
thereof or further act, and the lien of any such pledge is valid	13429
and binding against all parties having claims of any kind against	13430
the authority, irrespective of whether those parties have notice	13431
thereof, and creates a perfected security interest for all	13432
purposes of Chapter 1309. of the Revised Code and a perfected lien	13433
for purposes of any real property interest, all without the	13434
necessity for separation or delivery of funds or for the filing or	13435
recording of the resolution, trust agreement, indenture, or other	13436
agreement by which such pledge is created or any certificate,	13437
statement, or other document with respect thereto; and the pledge	13438
of such available community or technical college receipts is	13439
effective and the money therefrom and thereof may be applied to	13440
the purposes for which pledged. Every pledge, and every covenant	13441
and agreement made with respect to the pledge, made in the	13442
resolution may therein be extended to the benefit of the owners	13443
and holders of obligations authorized by this section, and to any	13444
trustee therefor, for the further securing of the payment of the	13445
bond service charges, and all or any rights under any agreement or	13446
lease made under this section may be assigned for such purpose.	13447

(D) This section is to be applied with other applicable	13448
provisions of this chapter.	13449

Sec. 156.02. The executive director of ~~administrative~~	13450
~~services~~the Ohio facilities construction commission may contract	13451
with an energy or a water services company, architect,	13452
professional engineer, contractor, or other person experienced in	13453
the design and implementation of energy or water conservation	13454
measures for a report containing an analysis and recommendations	13455
pertaining to the implementation of energy or water conservation	13456
measures that result in energy, water, or wastewater cost savings,	13457
operating cost savings, or avoided capital costs for the	13458
institution. The report shall include estimates of all costs of	13459
such installations, including the costs of design, engineering,	13460
installation, maintenance, repairs, and debt service, and	13461
estimates of the energy, water, or wastewater cost savings,	13462
operating cost savings, and avoided capital costs created.	13463

Sec. 156.03. (A) If the executive director of ~~administrative~~	13464
~~services~~the Ohio facilities construction commission wishes to	13465
enter into an installment payment contract pursuant to section	13466
156.04 of the Revised Code or any other contract to implement one	13467
or more energy or water saving measures, the executive director	13468
may proceed under Chapter 153. of the Revised Code, or,	13469
alternatively, the executive director may request the controlling	13470
board to exempt the contract from Chapter 153. of the Revised	13471
Code.	13472

If the controlling board by a majority vote approves an	13473
exemption, that chapter shall not apply to the contract and	13474
instead the executive director shall request proposals from at	13475
least three parties for the implementation of the energy or water	13476
saving measures. Prior to providing any interested party a copy of	13477
any such request, the executive director shall advertise, in a	13478
newspaper of general circulation in the county where the contract	13479
is to be performed, and may advertise by electronic means pursuant	13480
to rules adopted by the executive director, the executive	13481
director's intent to request proposals for the implementation of	13482
the energy or water saving measures. The notice shall invite	13483
interested parties to submit proposals for consideration and shall	13484
be published at least thirty days prior to the date for accepting	13485
proposals.	13486

(B) Upon receiving the proposals, the executive director	13487
shall analyze them and, after considering the cost estimates of	13488
each proposal and the availability of funds to pay for each with	13489
current appropriations or by financing the cost of each through an	13490
installment payment contract under section 156.04 of the Revised	13491
Code, may select one or more proposals or reject all proposals. In	13492
selecting proposals, the executive director shall select the one	13493
or more proposals most likely to result in the greatest energy,	13494
water, or wastewater savings, operating costs savings, and avoided	13495
capital costs created.	13496

(C) No contract shall be awarded to implement energy or water	13497
saving measures under this section, unless the executive director	13498
finds that both of the following circumstances exists:	13499

(1) Not less than one-fifteenth of the costs of the contract	13500
shall be paid within two years from the date of purchase;	13501

(2) In the case of a contract for a cogeneration system	13502
described in division (B)(8) of section 156.01 of the Revised	13503
Code, the remaining balance of the cost of the contract shall be	13504
paid within twenty years from the date of purchase, and, in the	13505
case of all other contracts, fifteen years.	13506

Sec. 156.04. (A) In accordance with this section and section	13507
156.03 of the Revised Code, the executive director of	13508
~~administrative services~~the Ohio facilities construction	13509
commission may enter into an installment payment contract for the	13510
implementation of one or more energy or water saving measures. If	13511
the executive director wishes an installment payment contract to	13512
be exempted from Chapter 153. of the Revised Code, the executive	13513
director shall proceed pursuant to section 156.03 of the Revised	13514
Code.	13515

(B) Any installment payment contract under this section shall	13516
provide that all payments, except payments for repairs and	13517
obligations on termination of the contract prior to its	13518
expiration, are to be a stated percentage of calculated energy,	13519
water, or wastewater cost savings, operating costs, and avoided	13520
capital costs attributable to the one or more measures over a	13521
defined period of time and are to be made only to the extent that	13522
those calculated amounts actually occur. No such contract shall	13523
contain either of the following:	13524

(1) A requirement of any additional capital investment or	13525
contribution of funds, other than funds available from state or	13526
federal grants;	13527

(2) In the case of a contract for a cogeneration system	13528
described in division (B)(8) of section 156.01 of the Revised	13529
Code, a payment term longer than twenty years, and, in the case of	13530
all other contracts, a payment term longer than fifteen years.	13531

(C) Any installment payment contract entered into under this	13532
section shall terminate no later than the last day of the fiscal	13533
biennium for which funds have been appropriated to the ~~department~~	13534
~~of administrative services~~Ohio facilities construction commission	13535
by the general assembly and shall be renewed in each succeeding	13536
fiscal biennium in which any balance of the contract remains	13537
unpaid, provided that both an appropriation for that succeeding	13538
fiscal biennium and the certification required by section 126.07	13539
of the Revised Code are made.	13540

(D) Any installment payment contract entered into under this	13541
section shall be eligible for financing provided through the Ohio	13542
air quality development authority under Chapter 3706. of the	13543
Revised Code.	13544

Sec. 156.05. In accordance with Chapter 119. of the Revised	13545
Code, the executive director of ~~administrative services~~the Ohio	13546
facilities construction commission shall adopt, and enforce rules	13547
necessary to administer sections 156.01 to 156.04 of the Revised	13548
Code. Rules adopted under this section shall establish procedures	13549
by which the executive director may authorize in ~~his~~the executive	13550
director's stead the manager of any building owned by the state to	13551
enter into contracts authorized under sections 156.01 to 156.04 of	13552
the Revised Code.	13553

Sec. 166.03. (A) There is hereby created the facilities	13554
establishment fund within the state treasury, consisting of	13555
proceeds from the issuance of obligations as specified under	13556
section 166.08 of the Revised Code; the moneys received by the	13557
state from the sources specified in section 166.09 of the Revised	13558
Code; service charges imposed under sections 166.06 and 166.07 of	13559
the Revised Code; any grants, gifts, or contributions of moneys	13560
received by the director of development services to be used for	13561
loans made under section 166.07 of the Revised Code or for the	13562
payment of the allowable costs of project facilities; and all	13563
other moneys appropriated or transferred to the fund. Moneys in	13564
the loan guarantee fund in excess of the loan guarantee reserve	13565
requirement, but subject to the provisions and requirements of any	13566
guarantee contracts, may be transferred to the facilities	13567
establishment fund by the treasurer of state upon the order of the	13568
director of development services. Moneys received by the state	13569
under Chapter 122. of the Revised Code, to the extent allocable to	13570
the utilization of moneys derived from proceeds of the sale of	13571
obligations pursuant to section 166.08 of the Revised Code, shall	13572
be credited to the facilities establishment fund. All investment	13573
earnings on the cash balance in the fund shall be credited to the	13574
fund.	13575

(B) All moneys appropriated or transferred to the facilities	13576
establishment fund may be released at the request of the director	13577
of development services for payment of allowable costs or the	13578
making of loans under section 166.07 of the Revised Code, for	13579
transfer to the loan guarantee fund established in section 166.06	13580
of the Revised Code, or for use for the purpose of or transfer to	13581
the funds established by sections 122.35, 122.42, 122.54, 122.55,	13582
122.56, 122.561, 122.57, 122.601, and 122.80 of the Revised Code	13583
and, until July 1, 2003, the fund established by section 166.031	13584
of the Revised Code, and, until July 1, 2007, the fund established	13585
by section 122.26 of the Revised Code, but only for such of those	13586
purposes as are within the authorization of Section 13 of Article	13587
VIII, Ohio Constitution, in all cases subject to the approval of	13588
the controlling board.	13589

(C) The ~~department of~~ development services agency, in the	13590
administration of the facilities establishment fund, is encouraged	13591
to utilize and promote the utilization of, to the maximum	13592
practicable extent, the other existing programs, business	13593
incentives, and tax incentives that department is required or	13594
authorized to administer or supervise.	13595

Sec. 166.04. (A) Prior to entering into each agreement to	13596
provide assistance under sections 166.02, 166.06, and 166.07 of	13597
the Revised Code, the director of development services shall	13598
determine whether the assistance will conform to the requirements	13599
of sections 166.01 to 166.11 of the Revised Code. Such	13600
determination, and the facts upon which it is based, shall be set	13601
forth, where required, by the director in submissions made to the	13602
controlling board when the director seeks a release of moneys	13603
under section 166.02 of the Revised Code. An agreement to provide	13604
assistance under sections 166.02, 166.06, and 166.07 of the	13605
Revised Code shall set forth such determination, which shall be	13606
conclusive for purposes of the validity and enforceability of such	13607
agreement and any loan guarantees, loans, or other agreements	13608
entered into pursuant to such agreement to provide assistance.	13609

(B) Whenever a person applies for financial assistance under	13610
sections 166.02, 166.06, and 166.07 of the Revised Code and the	13611
project for which assistance is requested is to relocate	13612
facilities that are currently being operated by the person and	13613
that are located in another county, municipal corporation, or	13614
township, the ~~director~~person shall provide written notification	13615
of the relocation to the appropriate local governmental bodies ~~and~~	13616
~~state officials~~. ~~The~~Prior to entering into an agreement to	13617
provide the assistance, the director shall verify that such	13618
notification ~~shall contain the following information:~~	13619

~~(1) The name of the person applying for financial assistance;~~

13620

~~(2) The county, and the municipal corporation or township, in~~	13621
~~which the project for which assistance is requested is located;~~	13622
~~and~~	13623

~~(3) The county, and the municipal corporation or township, in~~	13624
~~which the facility to be replaced is located~~has been provided.	13625

13626

~~(1)~~, "~~Appropriate~~appropriate local governmental bodies"	13627
means:	13628

~~(a)~~(1) The ~~boards~~board of county commissioners or	13629
legislative ~~authorities~~authority of the county in which the	13630
~~project for which assistance is requested is located and of the~~	13631
~~county in which the~~ facility to be replaced is located;	13632

~~(b)~~(2) The legislative authority of the municipal corporation	13633
or the board of township trustees of the township in which the	13634
~~project for which assistance is requested is located; and~~	13635

~~(c) The legislative authority of the municipal corporation or~~	13636
~~the board of township trustees of the township in which the~~	13637
facility to be replaced is located.	13638

~~(2) "State officials" means:~~

13639

~~(a) The state representative and state senator in whose~~	13640
~~districts the project for which assistance is requested is~~	13641
~~located;~~	13642

~~(b) The state representative and state senator in whose~~	13643
~~districts the facility to be replaced is located.~~	13644

Sec. 169.01. As used in this chapter, unless the context	13645
otherwise requires:	13646

(A) "Financial organization" means any bank, trust company,	13647
savings bank, safe deposit company, mutual savings bank without	13648
mutual stock, savings and loan association, credit union, or	13649
investment company.	13650

(B)(1) "Unclaimed funds" means any moneys, rights to moneys,	13651
or intangible property, described in section 169.02 of the Revised	13652
Code, when, as shown by the records of the holder, the owner has	13653
not, within the times provided in section 169.02 of the Revised	13654
Code, done any of the following:	13655

(a) Increased, decreased, or adjusted the amount of such	13656
funds;	13657

(b) Assigned, paid premiums, or encumbered such funds;

13658

(c) Presented an appropriate record for the crediting of such	13659
funds or received payment of such funds by check, draft, or	13660
otherwise;	13661

(d) Corresponded with the holder concerning such funds;

13662

(e) Otherwise indicated an interest in or knowledge of such	13663
funds;	13664

(f) Transacted business with the holder.

13665

(2) "Unclaimed funds" does not include any of the following:

13666

(a) Money received or collected under section 9.39 of the	13667
Revised Code, except as otherwise provided in division (H)(2) of	13668
section 169.02 of the Revised Code, division (C) of section	13669
1345.07 of the Revised Code, and rule 5101:12-80-25(A) of the	13670
Administrative Code;	13671

(b) Any payment or credit due to a business association from	13672
a business association representing sums payable to suppliers, or	13673
payment for services rendered, in the course of business,	13674
including, but not limited to, checks or memoranda, overpayments,	13675
unidentified remittances, nonrefunded overcharges, discounts,	13676
refunds, and rebates;	13677

(c) Any payment or credit received by a business association	13678
from a business association for tangible goods sold, or services	13679
performed, in the course of business, including, but not limited	13680
to, checks or memoranda, overpayments, unidentified remittances,	13681
nonrefunded overcharges, discounts, refunds, and rebates;	13682

For purposes of divisions (B)(2)(b) and (c) of this section,	13683
"business association" means any corporation, joint venture,	13684
business trust, limited liability company, partnership,	13685
association, or other business entity composed of one or more	13686
individuals, whether or not the entity is for profit.	13687

(d) Any credit due a retail customer that is represented by a	13688
gift certificate, gift card, merchandise credit, or merchandise	13689
credit card, redeemable only for merchandise.	13690

~~For purposes of divisions (B)(2)(b) and (c) of this section,~~	13691
~~"business association" means any corporation, joint venture,~~	13692
~~business trust, limited liability company, partnership,~~	13693
~~association, or other business entity composed of one or more~~	13694
~~individuals, whether or not the entity is for profit.~~	13695

(C) "Owner" means any person, or the person's legal	13696
representative, entitled to receive or having a legal or equitable	13697
interest in or claim against moneys, rights to moneys, or other	13698
intangible property, subject to this chapter.	13699

(D)(1) "Holder" means any person that has possession,	13700
custody, or control of moneys, rights to moneys, or other	13701
intangible property, or that is indebted to another, if any of the	13702
following applies:	13703

(a) Such person resides in this state;

13704

(b) Such person is formed under the laws of this state;

13705

(c) Such person is formed under the laws of the United States	13706
and has an office or principal place of business in this state;	13707

(d) The records of such person indicate that the last known	13708
address of the owner of such moneys, rights to moneys, or other	13709
intangible property is in this state;	13710

(e) The records of such person do not indicate the last known	13711
address of the owner of the moneys, rights to moneys, or other	13712
intangible property and the entity originating or issuing the	13713
moneys, rights to moneys, or other intangible property isin this	13714
state or any political subdivision of this state, or is	13715
incorporated, organized, created, or otherwise located in this	13716
state. Division (D)(1)(e) of this section applies to all moneys,	13717
rights to moneys, or other intangible property that is in the	13718
possession, custody, or control of such person on or after July	13719
22, 1994, whether the moneys, rights to moneys, or other	13720
intangible property becomes unclaimed funds prior to or on or	13721
after that date.	13722

(2) "Holder" does not mean any hospital granted tax-exempt	13723
status under section 501(c)(3) of the Internal Revenue Code or any	13724
hospital owned or operated by the state or by any political	13725
subdivision. Any entity in order to be exempt from the definition	13726
of "holder" pursuant to this division shall make a reasonable,	13727
good-faith effort to contact the owner of the unclaimed funds.	13728

(E) "Person" includes a natural person; corporation, whether	13729
for profit or not for profit; copartnership; unincorporated	13730
nonprofit association; public authority; estate; trust; two or	13731
more persons having a joint or common interest; eleemosynary	13732
organization; fraternal or cooperative association; other legal or	13733
community entity; the United States government, including any	13734
district, territory, possession, officer, agency, department,	13735
authority, instrumentality, board, bureau, or court; or any state	13736
or political subdivision thereof, including any officer, agency,	13737
board, bureau, commission, division, department, authority, court,	13738
or instrumentality.	13739

(F) "Mortgage funds" means the mortgage insurance fund	13740
created by section 122.561 of the Revised Code, and the housing	13741
~~guarantee~~development fund created by division ~~(D)~~(A) of section	13742
~~128.11~~175.11 of the Revised Code.	13743

(G) "Lawful claims" means any vested right a holder of	13744
unclaimed funds has against the owner of such unclaimed funds.	13745

(H) "Public utility" means any entity defined as such by	13746
division (A) of section 745.01 or by section 4905.02 of the	13747
Revised Code.	13748

(I) "Deposit" means to place money in the custody of a	13749
financial organization for the purpose of establishing an	13750
income-bearing account by purchase or otherwise.	13751

(J) "Income-bearing account" means a time or savings account,	13752
whether or not evidenced by a certificate of deposit, or an	13753
investment account through which investments are made solely in	13754
obligations of the United States or its agencies or	13755
instrumentalities or guaranteed as to principal and interest by	13756
the United States or its agencies or instrumentalities, debt	13757
securities rated as investment grade by at least two nationally	13758
recognized rating services, debt securities which the director of	13759
commerce has determined to have been issued for the safety and	13760
welfare of the residents of this state, and equity interests in	13761
mutual funds that invest solely in some or all of the above-listed	13762
securities and involve no general liability, without regard to	13763
whether income earned on such accounts, securities, or interests	13764
is paid periodically or at the end of a term.	13765

(K) "Director of commerce" may be read as the "division of	13766
unclaimed funds" or the "superintendent of unclaimed funds."	13767

Sec. 169.02. Subject to division (B) of section 169.01 of	13768
the Revised Code, the following constitute unclaimed funds:	13769

(A) Except as provided in division (R) of this section, any	13770
demand, savings, or matured time deposit account, or matured	13771
certificate of deposit, together with any interest or dividend on	13772
it, less any lawful claims, that is held or owed by a holder which	13773
is a financial organization, unclaimed for a period of five years;	13774

(B) Any funds paid toward the purchase of withdrawable shares	13775
or other interest in a financial organization, and any interest or	13776
dividends on them, less any lawful claims, that is held or owed by	13777
a holder which is a financial organization, unclaimed for a period	13778
of five years;	13779

(C) Except as provided in division (A) of section 3903.45 of	13780
the Revised Code, moneys held or owed by a holder, including a	13781
fraternal association, providing life insurance, including annuity	13782
or endowment coverage, unclaimed for three years after becoming	13783
payable as established from the records of such holder under any	13784
life or endowment insurance policy or annuity contract that has	13785
matured or terminated. An insurance policy, the proceeds of which	13786
are payable on the death of the insured, not matured by proof of	13787
death of the insured is deemed matured and the proceeds payable if	13788
such policy was in force when the insured attained the limiting	13789
age under the mortality table on which the reserve is based.	13790

Moneys otherwise payable according to the records of such	13791
holder are deemed payable although the policy or contract has not	13792
been surrendered as required.	13793

(D) Any deposit made to secure payment or any sum paid in	13794
advance for utility services of a public utility and any amount	13795
refundable from rates or charges collected by a public utility for	13796
utility services held or owed by a holder, less any lawful claims,	13797
that has remained unclaimed for one year after the termination of	13798
the services for which the deposit or advance payment was made or	13799
one year from the date the refund was payable, whichever is	13800
earlier;	13801

(E) Except as provided in division (R) of this section, any	13802
certificates, securities as defined in section 1707.01 of the	13803
Revised Code, nonwithdrawable shares, other instruments evidencing	13804
ownership, or rights to them or funds paid toward the purchase of	13805
them, or any dividend, capital credit, profit, distribution,	13806
interest, or payment on principal or other sum, held or owed by a	13807
holder, including funds deposited with a fiscal agent or fiduciary	13808
for payment of them, and instruments representing an ownership	13809
interest, unclaimed for five years. Any underlying share or other	13810
intangible instrument representing an ownership interest in a	13811
business association, in which the issuer has recorded on its	13812
books the issuance of the share but has been unable to deliver the	13813
certificate to the shareholder, constitutes unclaimed funds if	13814
such underlying share is unclaimed for five years. In addition, an	13815
underlying share constitutes unclaimed funds if a dividend,	13816
distribution, or other sum payable as a result of the underlying	13817
share has remained unclaimed by the owner for five years.	13818

This division shall not prejudice the rights of fiscal agents	13819
or fiduciaries for payment to return the items described in this	13820
division to their principals, according to the terms of an agency	13821
or fiduciary agreement, but such a return shall constitute the	13822
principal as the holder of the items and shall not interrupt the	13823
period for computing the time for which the items have remained	13824
unclaimed.	13825

In the case of any such funds accruing and held or owed by a	13826
corporation under division (E) of section 1701.24 of the Revised	13827
Code, such corporation shall comply with this chapter, subject to	13828
the limitation contained in section 1701.34 of the Revised Code.	13829
The period of time for which such funds have gone unclaimed	13830
specified in section 1701.34 of the Revised Code shall be	13831
computed, with respect to dividends or distributions, commencing	13832
as of the dates when such dividends or distributions would have	13833
been payable to the shareholder had such shareholder surrendered	13834
the certificates for cancellation and exchange by the date	13835
specified in the order relating to them.	13836

Capital credits of a cooperative which after January 1, 1972,	13837
have been allocated to members and which by agreement are	13838
expressly required to be paid if claimed after death of the owner	13839
are deemed payable, for the purpose of this chapter, fifteen years	13840
after either the termination of service by the cooperative to the	13841
owner or upon the nonactivity as provided in division (B) of	13842
section 169.01 of the Revised Code, whichever occurs later,	13843
provided that this provision does not apply if the payment is not	13844
mandatory.	13845

(F) Any sum payable on certified checks or other written	13846
instruments certified or issued and representing funds held or	13847
owed by a holder, less any lawful claims, that are unclaimed for	13848
five years from the date payable or from the date of issuance if	13849
payable on demand; except that the unclaimed period for money	13850
orders that are not third party bank checks is seven years, and	13851
the unclaimed period for traveler's checks is fifteen years, from	13852
the date payable or from the date of issuance if payable on	13853
demand.	13854

As used in this division, "written instruments" include, but	13855
are not limited to, certified checks, cashier's checks, bills of	13856
exchange, letters of credit, drafts, money orders, and traveler's	13857
checks.	13858

If there is no address of record for the owner or other	13859
person entitled to the funds, such address is presumed to be the	13860
address where the instrument was certified or issued.	13861

(G) Except as provided in division (R) of this section, all	13862
moneys, rights to moneys, or other intangible property, arising	13863
out of the business of engaging in the purchase or sale of	13864
securities, or otherwise dealing in intangibles, less any lawful	13865
claims, that are held or owed by a holder and are unclaimed for	13866
five years from the date of transaction.	13867

(H)(1) Except as provided in division (A) of section 3903.45	13868
of the Revised Code, all moneys, rights to moneys, and other	13869
intangible property distributable in the course of dissolution or	13870
liquidation of a holder that are unclaimed for one year after the	13871
date set by the holder for distribution;	13872

(2) Notwithstanding division (B)(2)(a) of section 169.01 and	13873
section 9.39 of the Revised Code, the proceeds from the sale of	13874
property removed from a safe-deposit box or safekeeping	13875
depository, unclaimed for three or more years from the date of the	13876
closing, liquidation, or dissolution of a financial institution as	13877
reported to the superintendent of unclaimed funds by the	13878
superintendent of financial institutions.	13879

(I) All moneys, rights to moneys, or other intangible	13880
property removed from a safe-deposit box or other safekeeping	13881
repository ~~located in this state or removed from a safe-deposit~~	13882
~~box or other safekeeping repository~~ of a holder, on which the	13883
lease or rental period has expired or has been terminated, or any	13884
amount arising from the sale of such property, less any lawful	13885
claims, that are unclaimed for three years from the date on which	13886
the lease or rental period expired or terminated;	13887

(J) Subject to division (M)(2) of this section, all moneys,	13888
rights to moneys, or other intangible property, and any income or	13889
increment on them, held or owed by a holder which is a fiduciary	13890
for the benefit of another, or a fiduciary or custodian of a	13891
qualified retirement plan or individual retirement arrangement	13892
under section 401 or 408 of the Internal Revenue Code, unclaimed	13893
for three years after the final date for distribution;	13894

(K) All moneys, rights to moneys, or other intangible	13895
property held or owed in this state or held for or owed to an	13896
owner whose last known address is within this state, by the United	13897
States government or any state, as those terms are described in	13898
division (E) of section 169.01 of the Revised Code, unclaimed by	13899
the owner for three years, excluding any property in the control	13900
of any court in a proceeding in which a final adjudication has not	13901
been made;	13902

(L) Amounts payable pursuant to the terms of any policy of	13903
insurance, other than life insurance, or any refund available	13904
under such a policy, held or owed by any holder, unclaimed for	13905
three years from the date payable or distributable;	13906

(M)(1) Subject to division (M)(2) of this section, any funds	13907
constituting rents or lease payments due, any deposit made to	13908
secure payment of rents or leases, or any sum paid in advance for	13909
rents, leases, possible damage to property, unused services,	13910
performance requirements, or any other purpose, held or owed by a	13911
holder unclaimed for one year;	13912

(2) Any escrow funds, security deposits, or other moneys that	13913
are received by a licensed broker in a fiduciary capacity and	13914
that, pursuant to division (A)(26) of section 4735.18 of the	13915
Revised Code, are required to be deposited into and maintained in	13916
a special or trust, noninterest-bearing bank account separate and	13917
distinct from any personal or other account of the licensed	13918
broker, held or owed by the licensed broker unclaimed for two	13919
years.	13920

(N) Any sum greater than fifty dollars payable as wages, any	13921
sum payable as salaries or commissions, any sum payable for	13922
services rendered, funds owed or held as royalties, oil and	13923
mineral proceeds, funds held for or owed to suppliers, and moneys	13924
owed under pension and profit-sharing plans, held or owed by any	13925
holder unclaimed for one year from date payable or distributable,	13926
and all other credits held or owed, or to be refunded to a retail	13927
customer, by any holder unclaimed for three years from date	13928
payable or distributable;	13929

(O) Amounts held in respect of or represented by lay-aways	13930
sold after January 1, 1972, less any lawful claims, when such	13931
lay-aways are unclaimed for three years after the sale of them;	13932

(P) All moneys, rights to moneys, and other intangible	13933
property not otherwise constituted as unclaimed funds by this	13934
section, including any income or increment on them, less any	13935
lawful claims, which are held or owed by any holder, other than a	13936
holder which holds a permit issued pursuant to Chapter 3769. of	13937
the Revised Code, and which have remained unclaimed for three	13938
years after becoming payable or distributable;	13939

(Q) All moneys that arise out of a sale held pursuant to	13940
section 5322.03 of the Revised Code, that are held by a holder for	13941
delivery on demand to the appropriate person pursuant to division	13942
(I) of that section, and that are unclaimed for two years after	13943
the date of the sale.	13944

(R)(1) Any funds that are subject to an agreement between the	13945
holder and owner providing for automatic reinvestment and that	13946
constitute dividends, distributions, or other sums held or owed by	13947
a holder in connection with a security as defined in section	13948
1707.01 of the Revised Code, an ownership interest in an	13949
investment company registered under the "Investment Company Act of	13950
1940," 54 Stat. 789, 15 U.S.C. 80a-1, as amended, or a certificate	13951
of deposit, unclaimed for a period of five years.	13952

(2) The five-year period under division (R)(1) of this	13953
section commences from the date a second shareholder notification	13954
or communication mailing to the owner of the funds is returned to	13955
the holder as undeliverable by the United States postal service or	13956
other carrier. The notification or communication mailing by the	13957
holder shall be no less frequent than quarterly.	13958

All moneys in a personal allowance account, as defined by	13959
rules adopted by the medicaid director ~~of job and family services~~,	13960
up to and including the maximum resource limitation, of a medicaid	13961
~~patient~~recipient who has died after receiving care in a long-term	13962
care facility, and for whom there is no identifiable heir or	13963
sponsor, are not subject to this chapter.	13964

Sec. 169.03. (A)(1) Every holder of unclaimed funds and,	13965
when requested, every person that could be the holder of unclaimed	13966
funds, under this chapter shall report to the director of commerce	13967
with respect to the unclaimed funds as provided in this section.	13968
The report shall be verified.	13969

(2) With respect to items of unclaimed funds each having a	13970
value of fifty dollars or more, the report required under division	13971
(A)(1) of this section shall include the following:	13972

(a) The full name, if known, and last known address, if any,	13973
of each person appearing from the records of the holder to be the	13974
owner of unclaimed funds under this chapter;	13975

(b) In the case of unclaimed funds reported by holders	13976
providing life insurance coverage, the full name of the insured or	13977
annuitant and beneficiary, if any, and their last known addresses	13978
according to the holder's records;	13979

(c) The nature and identifying number, if any, or description	13980
of the funds and the amount appearing from the records to be due;	13981

(d) The date when the funds became payable, demandable, or	13982
returnable and the date of the last transaction with the owner	13983
with respect to the funds;	13984

(e) Subject to division (I) of this section, the social	13985
security number of the owner of the unclaimed funds, if it is	13986
available;	13987

(f) If the item of unclaimed funds has a value of one	13988
thousand dollars or more and the holder has verified that the last	13989
known address as shown by the records of the holder is not	13990
accurate as provided in division (D) of this section, a statement	13991
that efforts were undertaken by the holder to verify that the	13992
address is not accurate. Any verifying documentation shall be	13993
maintained by the holder for five years from the date of the	13994
report and shall be available upon request to the director or the	13995
director's designee.	13996

(g) Other information that the director prescribes as	13997
necessary for the administration of this chapter.	13998

(3) With respect to items of unclaimed funds each having a	13999
value of less than fifty dollars, the report required under	14000
division (A)(1) of this section shall include the following:	14001

(a) Each category of items of unclaimed funds as described in	14002
section 169.02 of the Revised Code;	14003

(b) The number of items of unclaimed funds within each	14004
category;	14005

(c) The aggregated value of the items of unclaimed funds	14006
within each category.	14007

(B) If the holder of unclaimed funds is a successor to other	14008
organizations that previously held the funds for the owner, or if	14009
the holder has changed its name while holding the funds, it shall	14010
file with the report all prior known names and addresses and date	14011
and state of incorporation or formation of each holder of the	14012
funds.	14013

(C) The report shall be filed before the first day of	14014
November of each year as of the preceding thirtieth day of June,	14015
but the report of holders providing life insurance coverage shall	14016
be filed before the first day of May of each year as of the	14017
preceding thirty-first day of December, and the report of property	14018
removed from a safe-deposit box or other safekeeping repository	14019
under division (I) of section 169.02 of the Revised Code, dormant	14020
as of the preceding thirtieth day of June, shall be filed not	14021
earlier than the first day of February and not later than the	14022
first day of April of each year. The director may postpone, for	14023
good cause shown, the reporting date upon written request by any	14024
holder required to file a report.	14025

(D) The holder of unclaimed funds under this chapter shall	14026
send notice to each owner of each item of unclaimed funds having a	14027
value of fifty dollars or more at the last known address of the	14028
owner as shown by the records of the holder before filing the	14029
annual report. In case of holders providing life insurance	14030
coverage, this notice shall also be mailed to each beneficiary at	14031
the last known address of the beneficiary as shown by the records	14032
of the holder, except that the notice to beneficiaries shall not	14033
be mailed if that address is the same as that of the insured and	14034
the surname of the beneficiary is the same as that of the insured.	14035
The holder shall not report an item of unclaimed funds earlier	14036
than the thirtieth day after the mailing of notice required by	14037
this division.	14038

The notice required by this division shall set forth the	14039
nature and identifying number, if any, or description of the funds	14040
and the amount appearing on the records of the holder to be due	14041
the owner or beneficiary, and shall inform the owner or	14042
beneficiary that the funds will, thirty days after the mailing of	14043
the notice, be reported as unclaimed funds under this chapter. A	14044
self-addressed, stamped envelope shall be included with the	14045
notice, with instructions that the owner or beneficiary may use	14046
the envelope to inform the holder of the owner's or beneficiary's	14047
continued interest in the funds, and, if so informed before the	14048
date for making the report to the director, the holder shall not	14049
report the funds to the director. The notice shall be mailed by	14050
first class mail if the item of unclaimed funds has a value of	14051
fifty dollars or more but less than one thousand dollars and by	14052
certified mail, return receipt requested, if the item of unclaimed	14053
funds has a value of one thousand dollars or more, unless the	14054
holder has verified that the last known address of the owner or	14055
beneficiary as shown by the records of the holder is not accurate.	14056
For purposes of this section, a holder has verified that the last	14057
known address of the owner or beneficiary is not accurate by	14058
documenting at least two of the following:	14059

(1) The owner or beneficiary failed to respond to a first	14060
class mail notice sent to the last known address of the owner or	14061
beneficiary.	14062

(2) A first class mail notice sent by the holder to the last	14063
known address of the owner or beneficiary was returned as	14064
undeliverable.	14065

(3) An electronic or manual search of available public	14066
records failed to confirm that the last known address of the owner	14067
or beneficiary is accurate. The holder shall maintain	14068
documentation of its search efforts. If a search of public records	14069
or databases identifies a more recent address for the owner or	14070
beneficiary than the address in the holder's records, the holder	14071
shall send notice to the owner or beneficiary at that more recent	14072
address in accordance with this section.	14073

A holder that sends a notice by certified mail, return	14074
receipt requested, may charge the item of unclaimed funds up to	14075
twenty dollars for providing that notice.	14076

If there is no address of record for the owner or	14077
beneficiary, the holder is relieved of any responsibility of	14078
sending notice, attempting to notify, or notifying the owner or	14079
beneficiary. The mailing of notice pursuant to this section shall	14080
discharge the holder from any further responsibility to give	14081
notice.	14082

(E) Verification of the report and of the mailing of notice,	14083
where required, shall be executed by an officer of the reporting	14084
holder.	14085

(F)(1) The director may, at reasonable times and upon	14086
reasonable notice, examine or cause to be examined, by auditors of	14087
supervisory departments or divisions of the state, the records of	14088
any holder to determine compliance with this chapter.	14089

(2) Holders shall retain records, designated by the director	14090
as applicable to unclaimed funds, for five years beyond the	14091
relevant time period provided in section 169.02 of the Revised	14092
Code, or until completion of an audit conducted pursuant to	14093
division (F) of this section, whichever occurs first. An audit	14094
conducted pursuant to division (F) of this section shall not	14095
require a holder to make records available for a period of time	14096
exceeding the records retention period set forth in division (F)	14097
of this section, except for records pertaining to instruments	14098
evidencing ownership, or rights to them or funds paid toward the	14099
purchase of them, or any dividend, capital credit, profit,	14100
distribution, interest, or payment on principal or other sum, held	14101
or owed by a holder, including funds deposited with a fiscal agent	14102
or fiduciary for payment of them, or pertaining to debt of a	14103
publicly traded corporation. Any holder that is audited pursuant	14104
to division (F) of this section shall only be required to make	14105
available those records that are relevant to an unclaimed funds	14106
audit of that holder as prescribed by the director.	14107

(3) The director may enter into contracts, pursuant to	14108
procedures prescribed by the director, with persons for the sole	14109
purpose of examining the records of holders, determining	14110
compliance with this chapter, and collecting, taking possession	14111
of, and remitting to the department's division of unclaimed funds,	14112
in a timely manner, the amounts found and defined as unclaimed.	14113
The director shall not enter into such a contract with a person	14114
unless the person does all of the following:	14115

(a) Agrees to maintain the confidentiality of the records	14116
examined, as required under division (F)(4) of this section;	14117

(b) Agrees to conduct the audit in accordance with rules	14118
adopted under section 169.09 of the Revised Code;	14119

(c) Obtains a corporate surety bond issued by a bonding	14120
company or insurance company authorized to do business in this	14121
state. The bond shall be in favor of the director and in the penal	14122
sum determined by the director. The bond shall be for the benefit	14123
of any holder of unclaimed funds that is audited by the principal	14124
and is injured by the principal's failure to comply with division	14125
(F)(3)(a) or (b) of this section.	14126

(4) Records audited pursuant to division (F) of this section	14127
are confidential, and shall not be disclosed except as required by	14128
section 169.06 of the Revised Code or as the director considers	14129
necessary in the proper administration of this chapter.	14130

(5) If a person with whom the director has entered into a	14131
contract pursuant to division (F)(3) of this section intends to	14132
conduct, in conjunction with an unclaimed funds audit under this	14133
section, an unclaimed funds audit for the purpose of administering	14134
another state's unclaimed or abandoned property laws, the person,	14135
prior to commencing the audit, shall provide written notice to the	14136
director of the person's intent to conduct such an audit, along	14137
with documentation evidencing the person's express authorization	14138
from the other state to conduct the audit on behalf of that state.	14139

(6) Prior to the commencement of an audit conducted pursuant	14140
to division (F) of this section, the director shall notify the	14141
holder of unclaimed funds of the director's intent to audit the	14142
holder's records. If the audit will be conducted in conjunction	14143
with an audit for one or more other states, the director shall	14144
provide the holder with the name or names of those states.	14145

(7) Any holder of unclaimed funds may appeal the findings of	14146
an audit conducted pursuant to division (F) of this section to the	14147
director. Pursuant to the authority granted by section 169.09 of	14148
the Revised Code, the director shall adopt rules establishing	14149
procedures for considering such an appeal.	14150

(G) All holders shall make sufficient investigation of their	14151
records to ensure that the funds reported to the director are	14152
unclaimed as set forth in division (B) of section 169.01 and	14153
section 169.02 of the Revised Code.	14154

(H) The expiration of any period of limitations on or after	14155
March 1, 1968, within which a person entitled to any moneys,	14156
rights to moneys, or intangible property could have commenced an	14157
action or proceeding to obtain these items shall not prevent these	14158
items from becoming unclaimed funds or relieve the holder of them	14159
of any duty to report and give notice as provided in this section	14160
and deliver them in the manner provided in section 169.05 of the	14161
Revised Code, provided that the holder may comply with this	14162
section and section 169.05 of the Revised Code with respect to any	14163
moneys, rights to moneys, or intangible property as to which the	14164
applicable statute of limitations has run prior to March 1, 1968,	14165
and in that event the holder shall be entitled to the protective	14166
provisions of section 169.07 of the Revised Code.	14167

(I) No social security number contained in a report made	14168
pursuant to this section shall be used by the department of	14169
commerce for any purpose other than to enable the division of	14170
unclaimed funds to carry out the purposes of this chapter ~~and~~, for	14171
child support purposes in response to a request made by the office	14172
of child support in the department of job and family services made	14173
pursuant to section 3123.88 of the Revised Code, and for response	14174
to a request from the attorney general under section 131.024 of	14175
the Revised Code.	14176

Sec. 169.05. (A) Every holder required to file a report	14177
under section 169.03 of the Revised Code shall, at the time of	14178
filing, pay to the director of commerce ten per cent of the	14179
aggregate amount of unclaimed funds as shown on the report, except	14180
for aggregate amounts of fifty dollars or less in which case one	14181
hundred per cent shall be paid. The funds may be deposited by the	14182
director in the state treasury to the credit of the unclaimed	14183
funds trust fund, which is hereby created, or placed with a	14184
financial organization. Any interest earned on money in the trust	14185
fund shall be credited to the trust fund. The remainder of the	14186
aggregate amount of unclaimed funds as shown on the report, plus	14187
earnings accrued to date of payment to the director, shall, at the	14188
option of the director, be retained by the holder or paid to the	14189
director for deposit as agent for the mortgage funds with a	14190
financial organization as defined in section 169.01 of the Revised	14191
Code, with the funds to be in income-bearing accounts to the	14192
credit of the mortgage funds, or the holder may enter into an	14193
agreement with the director specifying the obligations of the	14194
United States in which funds are to be invested, and agree to pay	14195
the interest on the obligations to the state. Holders retaining	14196
any funds not in obligations of the United States shall enter into	14197
an agreement with the director specifying the classification of	14198
income-bearing account in which the funds will be held and pay the	14199
state interest on the funds at a rate equal to the prevailing	14200
market rate for similar funds. Moneys that the holder is required	14201
to pay to the director rather than to retain may be deposited with	14202
the treasurer of state, or placed with a financial organization.	14203

Securities and other intangible property transferred to the	14204
director shall, within a reasonable time, be converted to cash and	14205
the proceeds deposited as provided for other funds.	14206

One-half of the funds evidenced by agreements, in	14207
income-bearing accounts, or on deposit with the treasurer of state	14208
shall be allocated on the records of the director to the mortgage	14209
insurance fund created by section 122.561 of the Revised Code. Out	14210
of the remaining half, after allocation of sufficient moneys to	14211
the minority business bonding fund to meet the provisions of	14212
division (B) of this section, the remainder shall be allocated on	14213
the records of the director to the housing development fund	14214
created by division (A) of section 175.11 of the Revised Code.	14215

(B) The director shall serve as agent for the director of	14216
development services and as agent for the Ohio housing finance	14217
agency in making deposits and withdrawals and maintaining records	14218
pertaining to the minority business bonding fund created by	14219
section 122.88 of the Revised Code, the mortgage insurance fund,	14220
and the housing development fund created by section 175.11 of the	14221
Revised Code. Funds from the mortgage insurance fund are available	14222
to the director of development services when those funds are to be	14223
disbursed to prevent or cure, or upon the occurrence of, a default	14224
of a mortgage insured pursuant to section 122.451 of the Revised	14225
Code. Funds from the housing development fund are available upon	14226
request to the Ohio housing finance agency, in an amount not to	14227
exceed the funds allocated on the records of the director, for the	14228
purposes of section 175.05 of the Revised Code. Funds from the	14229
minority business bonding fund are available to the director of	14230
development services upon request to pay obligations on bonds the	14231
director writes pursuant to section 122.88 of the Revised Code;	14232
except that, unless the general assembly authorizes additional	14233
amounts, the total maximum amount of moneys that may be allocated	14234
to the minority business bonding fund under this division is ten	14235
million dollars.	14236

When funds are to be disbursed, the appropriate agency shall	14237
call upon the director to transfer the necessary funds to it. The	14238
director shall first withdraw the funds paid by the holders and	14239
deposited with the treasurer of state or in a financial	14240
institution as agent for the funds. Whenever these funds are	14241
inadequate to meet the request, the director shall provide for a	14242
withdrawal of funds, within a reasonable time and in the amount	14243
necessary to meet the request, from financial institutions in	14244
which the funds were retained or placed by a holder and from other	14245
holders who have retained funds, in an equitable manner as the	14246
director prescribes. In the event that the amount to be withdrawn	14247
from any one holder is less than five hundred dollars, the amount	14248
to be withdrawn is at the director's discretion. The director	14249
shall then transfer to the agency the amount of funds requested.	14250

Funds deposited in the unclaimed funds trust fund are subject	14251
to call by the director when necessary to pay claims the director	14252
allows under section 169.08 of the Revised Code, in accordance	14253
with the director's rules, to defray the necessary costs of making	14254
publications this chapter requires and to pay other operating and	14255
administrative expenses the department of commerce incurs in the	14256
administration and enforcement of this chapter.	14257

The unclaimed funds trust fund shall be assessed a	14258
proportionate share of the administrative costs of the department	14259
of commerce in accordance with procedures the director of commerce	14260
prescribes and the director of budget and management approves. The	14261
assessment shall be paid from the unclaimed funds trust fund to	14262
the division of administration fund.	14263

(C) Earnings on the accounts in financial organizations to	14264
the credit of the mortgage funds shall, at the option of the	14265
financial organization, be credited to the accounts at times and	14266
at rates as earnings are paid on other accounts of the same	14267
classification held in the financial organization or paid to the	14268
director. The director shall be notified annually, and at other	14269
times as the director may request, of the amount of the earnings	14270
credited to the accounts. Interest on unclaimed funds a holder	14271
retains shall be paid to the director or credited as specified in	14272
the agreement under which the organization retains the funds.	14273
Interest payable to the director under an agreement to invest	14274
unclaimed funds ~~and~~in income-bearing accounts or obligations of	14275
the United States shall be paid annually by the holder to the	14276
director. Any earnings or interest the director receives under	14277
this division shall be deposited in and credited to the mortgage	14278
funds.	14279

Sec. 169.06. (A) Before the first day of November of each	14280
year immediately following the calendar year in which the filing	14281
of reports is required by section 169.03 of the Revised Code, the	14282
director of commerce shall cause notice to be published once in an	14283
English language newspaper of general circulation in the county in	14284
this state in which is located the last known address of any	14285
person to be named in the notice required by this section. If no	14286
address is listed, the notice shall be published in the county in	14287
which the holder of the unclaimed funds has its principal place of	14288
business within this state; or if the holder has no principal	14289
place of business within this state or the owner's address is	14290
outside this state, publication shall be made ~~as the director~~	14291
~~determines most effective. If the address is outside this state,~~	14292
~~notice shall be published in a newspaper of general circulation in~~	14293
~~the county or parish of any state in the United States in which~~	14294
~~such last known address is located. If the last known address is~~	14295
~~in a foreign country, publication shall be made as the director~~	14296
~~determines most effective~~on the department's internet web site,	14297
or on the state public notice web site established under section	14298
125.182 of the Revised Code, for a reasonable period of time as	14299
determined by the director.	14300

If the name of the owner is not available, the director may	14301
publish notice by class, identifying number, or as the director	14302
determines most effective.	14303

(B) The published notice shall be entitled "Notice of Names	14304
of Persons Appearing to be Owners of Unclaimed Funds," and shall	14305
contain:	14306

(1) The names in alphabetical order and last known addresses,	14307
if any, of each person appearing from the records of the holder to	14308
be the owner of unclaimed funds of a value of fifty dollars or	14309
more and entitled to notice as specified in division (A) of this	14310
section;	14311

(2) A statement that information concerning the amount of the	14312
funds and any necessary information concerning the presentment of	14313
a claim therefor may be obtained by any persons possessing a	14314
property interest in the unclaimed funds by addressing an inquiry	14315
to the director.	14316

(C) With respect to items of unclaimed funds each having a	14317
value of ~~ten~~fifty dollars or more, the director shall have	14318
available in ~~his~~the director's office during business hours an	14319
alphabetical list of owners and where a holder is a person	14320
providing life insurance coverage, beneficiaries, and their last	14321
known addresses, if any, whose funds are being held by the state	14322
pursuant to this chapter.	14323

(D) The director may give any additional notice hethe	14324
director deems necessary to inform the owner of the whereabouts of	14325
~~his~~the owner's funds.	14326

Sec. 169.07. (A) Upon the payment of unclaimed funds to the	14327
director of commerce under section 169.05 of the Revised Code the	14328
holder will be relieved of further responsibility for the	14329
safe-keeping thereof and will be held harmless by the state from	14330
any and all liabilities for any claim arising out of the transfer	14331
of such funds to the state.	14332

(B) If legal proceedings are instituted against a holder	14333
which has paid unclaimed funds to the director or entered into an	14334
agreement as provided in section 169.05 of the Revised Code in	14335
respect to such funds, such holder shall notify the director in	14336
writing of the pendency of such proceedings and the director shall	14337
intervene and assume the defense of such proceedings. Failure to	14338
give such notice shall absolve the state from any and all	14339
liability which it may have with regard to such funds. If judgment	14340
is entered against such holder, the director shall, upon proof of	14341
satisfaction of such judgment, forthwith reimburse such	14342
organization for the amount of the judgment or enter into an	14343
agreement modified to reflect the satisfaction of such judgment,	14344
if the holder retained such funds, and shall reimburse such holder	14345
for any legal fees, costs and other expenses incurred in such	14346
proceedings in the manner provided for the payment of claims under	14347
~~division~~divisions (D) and (E) of section 169.08 of the Revised	14348
Code.	14349

Sec. 169.08. (A) Subject to division (I) of this section,	14350
the director shall pay to the owner or other person who has	14351
established the right to payment under this section, funds from	14352
the unclaimed funds trust fund in an amount equal to the amount of	14353
property delivered or reported to the director, or equal to the	14354
net proceeds if the securities or other property have been sold,	14355
together with interest earned by the state if required to be paid	14356
under division (D) of this section. Any person claiming a property	14357
interest in unclaimed funds delivered or reported to the state	14358
under Chapter 169. of the Revised Code, including the office of	14359
child support in the department of job and family services,	14360
pursuant to section 3123.88 of the Revised Code, and the attorney	14361
general, pursuant to section 131.024 of the Revised Code, may file	14362
a claim thereto on the form prescribed by the director of	14363
commerce.	14364

(B) The director shall consider matters relevant to any claim	14365
filed under division (A) of this section and shall hold a formal	14366
hearing if requested or considered necessary and receive evidence	14367
concerning such claim. A finding and decision in writing on each	14368
claim filed shall be prepared, stating the substance of any	14369
evidence received or heard and the reasons for allowance or	14370
disallowance of the claim. The evidence and decision shall be a	14371
public record. No statute of limitations shall bar the allowance	14372
of a claim.	14373

(C) For the purpose of conducting any hearing, the director	14374
may require the attendance of such witnesses and the production of	14375
such books, records, and papers as the director desires, and the	14376
director may take the depositions of witnesses residing within or	14377
without this state in the same manner as is prescribed by law for	14378
the taking of depositions in civil actions in the court of common	14379
pleas, and for that purpose the director may issue a subpoena for	14380
any witness or a subpoena duces tecum to compel the production of	14381
any books, records, or papers, directed to the sheriff of the	14382
county where such witness resides or is found, which shall be	14383
served and returned. The fees of the sheriff shall be the same as	14384
that allowed in the court of common pleas in criminal cases.	14385
Witnesses shall be paid the fees and mileage provided for under	14386
section 119.094 of the Revised Code. Fees and mileage shall be	14387
paid from the unclaimed funds trust fund.	14388

(D) Interest ~~is not~~earned by the state shall be payable to	14389
claimants of unclaimed funds held by the state in accordance with	14390
final court orders derived from the Sogg v. Zurz, 121 Ohio St.3d	14391
449 (2009), line of cases and final settlement agreement	14392
determining payment of interest on unclaimed funds. For properties	14393
received by the state on or before July 26, 1991, interest shall	14394
be paid at a rate of six per cent per annum from the date the	14395
state received the property up to and including July 26, 1991. No	14396
interest shall be payable on any properties for the period from	14397
July 27, 1991, up to and including August 2, 2000. For properties	14398
held by the state on August 3, 2000, or after, interest shall be	14399
paid at the applicable required rate per annum for the period held	14400
from August 3, 2000, or the date of receipt, whichever is later,	14401
up to and including the date the claim is paid. ~~Claims~~	14402

(E) Claims shall be paid from the trust fund. If the amount	14403
available in the trust fund is not sufficient to pay pending	14404
claims, or other amounts disbursable from the trust fund, the	14405
treasurer of state shall certify such fact to the director, who	14406
shall then withdraw such amount of funds from the mortgage	14407
accounts as the director determines necessary to reestablish the	14408
trust fund to a level required to pay anticipated claims but not	14409
more than ten per cent of the net unclaimed funds reported to	14410
date.	14411

The director may withdraw the funds paid to the director by	14412
the holders and deposited by the director with the treasurer of	14413
state or in a financial institution as agent for such funds.	14414
Whenever these funds are inadequate to meet the requirements for	14415
the trust fund, the director shall provide for a withdrawal of	14416
funds, within a reasonable time, in such amount as is necessary to	14417
meet the requirements, from financial institutions in which such	14418
funds were retained or placed by a holder and from other holders	14419
who have retained funds, in an equitable manner as prescribed by	14420
the director. In the event that the amount to be withdrawn from	14421
any one such holder is less than five hundred dollars, the amount	14422
to be withdrawn shall be at the discretion of the director. Such	14423
funds may be reimbursed in the amounts withdrawn when the trust	14424
fund has a surplus over the amount required to pay anticipated	14425
claims. Whenever the trust fund has a surplus over the amount	14426
required to pay anticipated claims, the director may transfer such	14427
surplus to the mortgage accounts.	14428

~~(E)~~(F) If a claim which is allowed under this section relates	14429
to funds which have been retained by the reporting holder, and if	14430
the funds, on deposit with the treasurer of state pursuant to this	14431
chapter, are insufficient to pay claims, the director may notify	14432
such holder in writing of the payment of the claim and such holder	14433
shall immediately reimburse the state in the amount of such claim.	14434
The reimbursement shall be credited to the unclaimed funds trust	14435
fund.	14436

~~(F)~~(G) Any person, including the office of child support,	14437
adversely affected by a decision of the director may appeal such	14438
decision in the manner provided in Chapter 119. of the Revised	14439
Code.	14440

In the event the claimant prevails, the claimant shall be	14441
reimbursed for reasonable attorney's fees and costs.	14442

~~(G)~~(H) Notwithstanding anything to the contrary in this	14443
chapter, any holder who has paid moneys to or entered into an	14444
agreement with the director pursuant to section 169.05 of the	14445
Revised Code on certified checks, cashiers' checks, bills of	14446
exchange, letters of credit, drafts, money orders, or travelers'	14447
checks, may make payment to any person entitled thereto, including	14448
the office of child support, and upon surrender of the document,	14449
except in the case of travelers' checks, and proof of such	14450
payment, the director shall reimburse the holder for such payment	14451
without interest.	14452

(I) Before payment of any claim or order of attachment, order	14453
in aid of execution, and any other legal process issued for	14454
payment of a claim under this section, the director shall deduct,	14455
for the purpose of setoff, amounts determined due by the attorney	14456
general under section 131.024 of the Revised Code or the director	14457
of job and family services under section 3123.88 of the Revised	14458
Code. If the director has received notice that an owner or	14459
claimant owes both child support under section 3123.88 and an	14460
amount certified under section 131.024 of the Revised Code, the	14461
setoff against child support shall take priority and be applied	14462
first, and any remaining amount shall be applied next to the	14463
payment of delinquent state taxes, penalties or interest, or other	14464
amounts certified to the attorney general under section 131.024 of	14465
the Revised Code.	14466

Sec. 169.13. (A)(1) All agreements to pay a fee,	14467
compensation, commission, or other remuneration to locate,	14468
deliver, recover, or assist in the recovery of unclaimed funds	14469
reported under section 169.03 of the Revised Code, entered into	14470
within two years immediately after the date a report is filed	14471
under division (C) of section 169.03 of the Revised Code, are	14472
invalid.	14473

(2) A person interested in entering into an agreement to	14474
locate, deliver, recover, or assist in the recovery of unclaimed	14475
funds for remuneration shall not initiate any contact with an	14476
owner during the two-year period immediately after the date a	14477
report is filed under division (C) of section 169.03 of the	14478
Revised Code. Failure to comply with this requirement is grounds	14479
for the invalidation of any such agreement between the person and	14480
the owner.	14481

(B) An agreement entered into any time after such two-year	14482
period is valid only if all of the following conditions are met:	14483

(1) The aggregate fee, compensation, commission, or other	14484
remuneration agreed upon is not in excess of ten per cent of the	14485
amount recovered and paid to the owner by the director of budget	14486
and management;	14487

(2) The agreement is in writing, signed by the owner, and	14488
notarized and discloses all of the following items:	14489

(a) The name, address, and telephone number of the owner, as	14490
shown by the records of the person or entity in possession of the	14491
unclaimed funds or contents of a safe deposit box;	14492

(b) The name, address, and telephone number of the owner if	14493
the owner's name, address, or telephone number are different from	14494
the name, address, or telephone number of the owner as shown by	14495
the records of the person or entity in possession of the unclaimed	14496
funds or contents of a safe deposit box;	14497

(c) The nature and value of the unclaimed funds or contents	14498
of a safe deposit box;	14499

(d) The amount the owner will receive after the fee or	14500
compensation has been subtracted;	14501

(e) The name and address of the person or entity in	14502
possession of the unclaimed funds or contents of a safe deposit	14503
box;	14504

(f) That the ~~auditor of state~~director of budget and	14505
management will pay the unclaimed funds directly to the owner or	14506
the director of commerce shall deliver the contents of a safe	14507
deposit box directly to the owner;	14508

(g) That the person agreeing to locate, deliver, recover, or	14509
assist in the recovery of the unclaimed funds or contents of a	14510
safe deposit box is not an employee or agent of the director of	14511
commerce;	14512

(h) That the director of commerce is not a party to the	14513
agreement;	14514

(i) That the person agreeing to locate, deliver, recover, or	14515
assist in the recovery of the unclaimed funds or contents of a	14516
safe deposit box holds a valid certificate of registration issued	14517
by the director under section 169.16 of the Revised Code;	14518

(j) The number designated on that certificate of registration	14519
and the date the certificate of registration expires.	14520

(3) No agreement described in division (B)(2) of this section	14521
shall include a power of attorney for the payment of the unclaimed	14522
funds or delivery of the contents of a safe deposit box to any	14523
person other than the owner of the unclaimed funds or contents of	14524
a safe deposit box.	14525

(4) If the agreement involves recovery of the contents of a	14526
safe deposit box, the agreement stipulates that the person	14527
receiving any fee, compensation, commission, or other remuneration	14528
for engaging in any activity for the purpose of locating,	14529
delivering, recovering, or assisting in the recovery of unclaimed	14530
funds or other items stored in a safe deposit box on behalf of any	14531
other person shall do all of the following:	14532

(a) Make arrangements to have an appraiser and the director	14533
of commerce view the contents of the safe deposit box together, at	14534
a time mutually agreeable to the appraiser and director;	14535

(b) State that the value of the property in the safe deposit	14536
box is the amount established by the appraiser who viewed the safe	14537
deposit box contents;	14538

(c) Base the fee, compensation, commission, or other	14539
remuneration for locating, delivering, recovering, or assisting in	14540
the recovery of unclaimed funds or other items stored in a safe	14541
deposit box on the appraised value established by the appraiser	14542
who viewed the safe deposit box contents.	14543

(C) No person shall receive a fee, compensation, commission,	14544
or other remuneration, or engage in any activity for the purpose	14545
of locating, delivering, recovering, or assisting in the recovery	14546
of unclaimed funds or contents of a safe deposit box, under an	14547
agreement that is invalid under this section.	14548

(D) A person who receives any fee, compensation, commission,	14549
or other remuneration for engaging in any activity for the purpose	14550
of locating, delivering, recovering, or assisting in the recovery	14551
of unclaimed funds or other items stored in a safe deposit box on	14552
behalf of any other person cannot function as an appraiser of the	14553
contents of the safe deposit box for purposes of division (B)(4)	14554
of this section.	14555

(E) The director of commerce shall not recognize or make any	14556
delivery and the ~~auditor of state~~director of budget and	14557
management shall not make any payment pursuant to any power of	14558
attorney between an owner of the unclaimed funds or contents of a	14559
safe deposit box and the person with whom the owner entered into	14560
an agreement pursuant to division (B)(2) of this section to	14561
locate, deliver, recover, or assist in the recovery of the	14562
unclaimed funds or contents of a safe deposit box if that power of	14563
attorney is entered into on or after ~~the effective date of this~~	14564
~~amendment~~March 23, 2007, and that power of attorney specifically	14565
provides for the payment of unclaimed funds or delivery of the	14566
contents of a safe deposit box to any person other than the owner	14567
of the unclaimed funds or contents of a safe deposit box. Nothing	14568
in this section shall be construed as prohibiting the payment of	14569
~~unclaimed~~ funds due the owner under division (D) of section 169.08	14570
of the Revised Code or delivery of the contents of a safe deposit	14571
box to the legal representative of the owner of the unclaimed	14572
funds or contents of the safe deposit box. Notwithstanding the	14573
definition of "owner" specified in division (C) of section 169.01	14574
of the Revised Code, for purposes of the payment of unclaimed	14575
funds or delivery of the contents of the safe deposit box, a	14576
person with whom an owner entered into an agreement under division	14577
(B)(2) of this section is not a legal representative.	14578

Sec. 169.14. (A) Each person that files a claim with the	14579
director of commerce, pursuant to an agreement entered into under	14580
division (B) of section 169.13 of the Revised Code, shall include	14581
with that claim the number designated on the certificate of	14582
registration that is issued to the person under section 169.16 of	14583
the Revised Code.	14584

(B) The division of unclaimed funds shall not process any	14585
claim described in division (A) of this section that does not	14586
include the required certificate of registration number.	14587

Sec. 169.16. (A) No person, on behalf of any other person,	14588
shall engage in any activity for the purpose of locating,	14589
delivering, recovering, or assisting in the recovery of unclaimed	14590
funds or contents of a safe deposit box, and receive a fee,	14591
compensation, commission, or other remuneration for such activity,	14592
without first having obtained a certificate of registration from	14593
the director of commerce in accordance with this section.	14594

(B) An application for a certificate of registration shall be	14595
in writing and in the form prescribed by the director. The	14596
application shall be accompanied by a recent full-face color	14597
photograph of the applicant and notarized character reference	14598
letters from two reputable character witnesses. The application	14599
shall, at a minimum, provide all of the following:	14600

(1) The applicant's full name, home address, and work	14601
address;	14602

(2) The name, address, and telephone number of the two	14603
character witnesses who have provided the character reference	14604
letters;	14605

(3) A statement that the applicant has not, during the	14606
ten-year period immediately preceding the submission of the	14607
application, violated division (A) of this section on or after the	14608
effective date of this section, or division (C) of section 169.13	14609
of the Revised Code, or been convicted of, or pleaded guilty to,	14610
any felony or any offense involving moral turpitude, including	14611
theft, attempted theft, falsification, tampering with records,	14612
securing writings by deception, fraud, forgery, and perjury;	14613

(4) The notarized signature of the applicant immediately	14614
following an acknowledgment that any false or perjured statement	14615
subjects the applicant to criminal liability under section 2921.13	14616
of the Revised Code.	14617

(C) Upon the filing of the application with the division of	14618
unclaimed funds, the division may investigate the applicant to	14619
verify the information provided in the application and to	14620
determine the applicant's eligibility for a certificate of	14621
registration under this section. The superintendent of unclaimed	14622
funds shall request the superintendent of the bureau of criminal	14623
identification and investigation, or a vendor approved by the	14624
bureau, to conduct a criminal records check based on the	14625
applicant's fingerprints in accordance with division (A)(8) of	14626
section 109.572 of the Revised Code. Notwithstanding division (K)	14627
of section 121.08 of the Revised Code, the superintendent of	14628
unclaimed funds shall request that criminal record information	14629
from the federal bureau of investigation be obtained as part of	14630
the criminal records check. Any fee required under division (C)(3)	14631
of section 109.572 of the Revised Code shall be paid by the	14632
applicant. False information on an application is grounds for the	14633
denial or revocation of the applicant's certificate of	14634
registration.	14635

(D) The director shall issue a certificate of registration to	14636
an applicant if the director finds that the following conditions	14637
are met:	14638

(1) The applicant has not, during the ten-year period	14639
immediately preceding the submission of the application, violated	14640
division (A) of this section on or after the effective date of	14641
this section, or division (C) of section 169.13 of the Revised	14642
Code, or been convicted of, or pleaded guilty to, any felony or	14643
any offense involving moral turpitude, including theft, attempted	14644
theft, falsification, tampering with records, securing writings by	14645
deception, fraud, forgery, and perjury.	14646

(2) The applicant's character and general fitness command the	14647
confidence of the public and warrant the belief that the	14648
applicant's business will be conducted honestly and fairly.	14649

(E) The certificate of registration issued pursuant to	14650
division (D) of this section may be renewed annually if the	14651
director finds that the following conditions are met:	14652

(1) The applicant submits a renewal application form	14653
prescribed by the director.	14654

(2) The applicant meets the conditions set forth in division	14655
(D) of this section.	14656

(3) The applicant's certificate of registration is not	14657
subject to an order of revocation by the director.	14658

Sec. 173.03. (A) There is hereby created the Ohio advisory	14659
council for the aging, which shall consist of twelve members to be	14660
appointed by the governor with the advice and consent of the	14661
senate. Two ex officio members of the council shall be members of	14662
the house of representatives appointed by the speaker of the house	14663
of representatives and shall be members of two different political	14664
parties. Two ex officio members of the council shall be members of	14665
the senate appointed by the president of the senate and shall be	14666
members of two different political parties. The medicaid director	14667
and directors of ~~mental health~~mental health and addiction	14668
services, developmental disabilities, health, and job and family	14669
services, or their designees, shall serve as ex officio members of	14670
the council. The council shall carry out its role as defined under	14671
the "Older Americans Act of 1965," 79 Stat. 219, 42 U.S.C. 3001,	14672
as amended.	14673

At the first meeting of the council, and annually thereafter,	14674
the members shall select one of their members to serve as	14675
chairperson and one of their members to serve as vice-chairperson.	14676

(B) Members of the council shall be appointed for a term of	14677
three years, except that for the first appointment members of the	14678
Ohio commission on aging who were serving on the commission	14679
immediately prior to July 26, 1984, shall become members of the	14680
council for the remainder of their unexpired terms. Thereafter,	14681
appointment to the council shall be for a three-year term by the	14682
governor. Each member shall hold office from the date of	14683
appointment until the end of the term for which the member was	14684
appointed. Any member appointed to fill a vacancy occurring prior	14685
to the expiration of the term for which the member's predecessor	14686
was appointed shall hold office for the remainder of the term. No	14687
member shall continue in office subsequent to the expiration date	14688
of the member's term unless reappointed under the provisions of	14689
this section, and no member shall serve more than three	14690
consecutive terms on the council.	14691

(C) Membership of the council shall represent all areas of	14692
Ohio and shall be as follows:	14693

(1) A majority of members of the council shall have attained	14694
the age of sixty and have a knowledge of and continuing interest	14695
in the affairs and welfare of the older citizens of Ohio. The	14696
fields of business, labor, health, law, and human services shall	14697
be represented in the membership.	14698

(2) No more than seven members shall be of the same political	14699
party.	14700

(D) Any member of the council may be removed from office by	14701
the governor for neglect of duty, misconduct, or malfeasance in	14702
office after being informed in writing of the charges and afforded	14703
an opportunity for a hearing. Two consecutive unexcused absences	14704
from regularly scheduled meetings constitute neglect of duty.	14705

(E) The director of aging may reimburse a member for actual	14706
and necessary traveling and other expenses incurred in the	14707
discharge of official duties. But reimbursement shall be made in	14708
the manner and at rates that do not exceed those prescribed by the	14709
director of budget and management for any officer, member, or	14710
employee of, or consultant to, any state agency.	14711

(F) Council members are not limited as to the number of terms	14712
they may serve.	14713

(G)(1) The department of aging may award grants to or enter	14714
into contracts with a member of the advisory council or an entity	14715
that the member represents if any of the following apply:	14716

(a) The department determines that the member or the entity	14717
the member represents is capable of providing the goods or	14718
services specified under the terms of the grant or contract.	14719

(b) The member has not taken part in any discussion or vote	14720
of the council related to whether the council should recommend	14721
that the department of aging award the grant to or enter into the	14722
contract with the member of the advisory council or the entity	14723
that the member represents.	14724

(2) A member of the advisory council is not in violation of	14725
Chapter 102. or section 2921.42 of the Revised Code with regard to	14726
receiving a grant or entering into a contract under this section	14727
if the conditions of division (G)(1)(a) and (b) of this section	14728
have been met.	14729

Sec. 173.14. As used in sections 173.14 to 173.27 of the	14730
Revised Code:	14731

(A)(1) Except as otherwise provided in division (A)(2) of	14732
this section, "long-term care facility" includes any residential	14733
facility that provides personal care services for more than	14734
twenty-four hours for one or more unrelated adults, including all	14735
of the following:	14736

(a) A "nursing home," "residential care facility," or "home	14737
for the aging" as defined in section 3721.01 of the Revised Code;	14738

(b) A facility authorized to provide extended care services	14739
under Title XVIII of the "Social Security Act," 49 Stat. 620	14740
(1935), 42 U.S.C. 301, as amended, including a long-term acute	14741
care hospital that provides medical and rehabilitative care to	14742
patients who require an average length of stay greater than	14743
twenty-five days and is classified by the centers for medicare and	14744
medicaid services as a long-term care hospital pursuant to 42	14745
C.F.R. 412.23(e);	14746

(c) A county home or district home operated pursuant to	14747
Chapter 5155. of the Revised Code;	14748

(d) A residential facility licensed under section ~~5119.22~~	14749
5119.34 of the Revised Code that provides accommodations,	14750
supervision, and personal care services for three to sixteen	14751
unrelated adults or accommodations and personal care services for	14752
only one or two adults who are ~~recipients under the~~receiving	14753
residential state supplement program;	14754

(e) A facility approved by the veterans administration under	14755
section 104(a) of the "Veterans Health Care Amendments of 1983,"	14756
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	14757
the placement and care of veterans.	14758

(2) "Long-term care facility" does not include a residential	14759
facility licensed under section 5123.19 of the Revised Code.	14760

(B) "Resident" means a resident of a long-term care facility	14761
and, where appropriate, includes a prospective, previous, or	14762
deceased resident of a long-term care facility.	14763

(C) "Community-based long-term care services" means health	14764
and social services provided to persons in their own homes or in	14765
community care settings, and includes any of the following:	14766

(1) Case management;

14767

(2) Home health care;

14768

(3) Homemaker services;

14769

(4) Chore services;

14770

(5) Respite care;

14771

(6) Adult day care;

14772

(7) Home-delivered meals;

14773

(8) Personal care;

14774

(9) Physical, occupational, and speech therapy;

14775

(10) Transportation;

14776

(11) Any other health and social services provided to persons	14777
that allow them to retain their independence in their own homes or	14778
in community care settings.	14779

(D) "Recipient" means a recipient of community-based	14780
long-term care services and, where appropriate, includes a	14781
prospective, previous, or deceased recipient of community-based	14782
long-term care services.	14783

(E) "Sponsor" means an adult relative, friend, or guardian	14784
who has an interest in or responsibility for the welfare of a	14785
resident or a recipient.	14786

(F) "Personal care services" has the same meaning as in	14787
section 3721.01 of the Revised Code.	14788

(G) "Regional long-term care ombudsperson program" means an	14789
entity, either public or private and nonprofit, designated as a	14790
regional long-term care ombudsperson program by the state	14791
long-term care ombudsperson.	14792

(H) "Representative of the office of the state long-term care	14793
ombudsperson program" means the state long-term care ombudsperson	14794
or a member of the ombudsperson's staff, or a person certified as	14795
a representative of the office under section 173.21 of the Revised	14796
Code.	14797

(I) "Area agency on aging" means an area agency on aging	14798
established under the "Older Americans Act of 1965," 79 Stat. 219,	14799
42 U.S.C.A. 3001, as amended.	14800

Sec. 173.20. (A) If consent is given and unless otherwise	14801
prohibited by law, a representative of the office of the state	14802
long-term care ~~ombudsman~~ombudsperson program shall have access to	14803
any records, including medical records, of a resident or a	14804
recipient that are reasonably necessary for investigation of a	14805
complaint. Consent may be given in any of the following ways:	14806

(1) In writing by the resident or recipient;

14807

(2) Orally by the resident or recipient, witnessed in writing	14808
at the time it is given by one other person, and, if the records	14809
involved are being maintained by a long-term care provider, also	14810
by an employee of the long-term care provider designated under	14811
division (E)(1) of this section;	14812

(3) In writing by the guardian of the resident or recipient;

14813

(4) In writing by the attorney in fact of the resident or	14814
recipient, if the resident or recipient has authorized the	14815
attorney in fact to give such consent;	14816

(5) In writing by the executor or administrator of the estate	14817
of a deceased resident or recipient.	14818

(B) If consent to access to records is not refused by a	14819
resident or recipient or ~~his~~the resident's or recipient's legal	14820
representative but cannot be obtained and any of the following	14821
circumstances exist, a representative of the office of the state	14822
long-term care ~~ombudsman~~ombudsperson program, on approval of the	14823
state long-term care ~~ombudsman~~ombudsperson, may inspect the	14824
records of a resident or a recipient, including medical records,	14825
that are reasonably necessary for investigation of a complaint:	14826

(1) The resident or recipient is unable to express written or	14827
oral consent and there is no guardian or attorney in fact;	14828

(2) There is a guardian or attorney in fact, but hethe	14829
guardian or attorney in fact cannot be contacted within three	14830
working days;	14831

(3) There is a guardianship or durable power of attorney, but	14832
its existence is unknown by the long-term care provider and the	14833
representative of the office at the time of the investigation;	14834

(4) There is no executor or administrator of the estate of a	14835
deceased resident or recipient.	14836

(C) If a representative of the office of the state long-term	14837
care ~~ombudsman~~ombudsperson program has been refused access to	14838
records by a guardian or attorney in fact, but has reasonable	14839
cause to believe that the guardian or attorney in fact is not	14840
acting in the best interests of the resident or recipient, the	14841
representative may, on approval of the state long-term care	14842
~~ombudsman~~ombudsperson, inspect the records of the resident or	14843
recipient, including medical records, that are reasonably	14844
necessary for investigation of a complaint.	14845

(D) A representative of the office of the state long-term	14846
care ~~ombudsman~~ombudsperson program shall have access to any	14847
records of a long-term care provider reasonably necessary to an	14848
investigation conducted under this section, including but not	14849
limited to: incident reports, dietary records, policies and	14850
procedures of a facility required to be maintained under section	14851
~~5111.21~~5165.06 of the Revised Code, admission agreements,	14852
staffing schedules, any document depicting the actual staffing	14853
pattern of the provider, any financial records that are matters of	14854
public record, resident council and grievance committee minutes,	14855
and any waiting list maintained by a facility in accordance with	14856
section ~~5111.31~~5165.08 of the Revised Code, or any similar	14857
records or lists maintained by a provider of community-based	14858
long-term care services. Pursuant to division (E)(2) of this	14859
section, a representative shall be permitted to make or obtain	14860
copies of any of these records after giving the long-term care	14861
provider twenty-four hours' notice. A long-term care provider may	14862
impose a charge for providing copies of records under this	14863
division that does not exceed the actual and necessary expense of	14864
making the copies.	14865

The state ~~ombudsman~~ombudsperson shall take whatever action	14866
is necessary to ensure that any copy of a record made or obtained	14867
under this division is returned to the long-term care provider no	14868
later than three years after the date the investigation for which	14869
the copy was made or obtained is completed.	14870

(E)(1) Each long-term care provider shall designate one or	14871
more of its employees to be responsible for witnessing the giving	14872
of oral consent under division (A) of this section. In the event	14873
that a designated employee is not available when a resident or	14874
recipient attempts to give oral consent, the provider shall	14875
designate another employee to witness the consent.	14876

(2) Each long-term care provider shall designate one or more	14877
of its employees to be responsible for releasing records for	14878
copying to representatives of the office of the long-term care	14879
~~ombudsman~~ombudsperson program who request permission to make or	14880
obtain copies of records specified in division (D) of this	14881
section. In the event that a designated employee is not available	14882
when a representative of the office makes the request, the	14883
long-term care provider shall designate another employee to	14884
release the records for copying.	14885

(F) A long-term care provider or any employee of such a	14886
provider is immune from civil or criminal liability or action	14887
taken pursuant to a professional disciplinary procedure for the	14888
release or disclosure of records to a representative of the office	14889
pursuant to this section.	14890

(G) A state or local government agency or entity with records	14891
relevant to a complaint or investigation being conducted by a	14892
representative of the office shall provide the representative	14893
access to the records.	14894

(H) The state ~~ombudsman~~ombudsperson, with the approval of	14895
the director of aging, may issue a subpoena to compel any person	14896
hethe ombudsperson reasonably believes may be able to provide	14897
information to appear before ~~him~~the ombudsperson or ~~his~~the	14898
ombudsperson's designee and give sworn testimony and to produce	14899
documents, books, records, papers, or other evidence the state	14900
~~ombudsman~~ombudsperson believes is relevant to the investigation.	14901
On the refusal of a witness to be sworn or to answer any question	14902
put to ~~him~~the witness, or if a person disobeys a subpoena, the	14903
~~ombudsman~~ombudsperson shall apply to the Franklin county court of	14904
common pleas for a contempt order, as in the case of disobedience	14905
of the requirements of a subpoena issued from the court, or a	14906
refusal to testify in the court.	14907

(I) The state ~~ombudsman~~ombudsperson may petition the court	14908
of common pleas in the county in which a long-term care facility	14909
is located to issue an injunction against any long-term care	14910
facility in violation of sections 3721.10 to 3721.17 of the	14911
Revised Code.	14912

(J) Any suspected violation of Chapter 3721. of the Revised	14913
Code discovered during the course of an investigation may be	14914
reported to the department of health. Any suspected criminal	14915
violation discovered during the course of an investigation shall	14916
be reported to the attorney general or other appropriate law	14917
enforcement authorities.	14918

(K) The department of aging shall adopt rules in accordance	14919
with Chapter 119. of the Revised Code for referral by the state	14920
~~ombudsman~~ombudsperson and regional long-term care ~~ombudsman~~	14921
ombudsperson programs of complaints to other public agencies or	14922
entities. A public agency or entity to which a complaint is	14923
referred shall keep the state ~~ombudsman~~ombudsperson or regional	14924
program handling the complaint advised and notified in writing in	14925
a timely manner of the disposition of the complaint to the extent	14926
permitted by law.	14927

Sec. 173.21. (A) The office of the state long-term care	14928
ombudsperson program, through the state long-term care	14929
ombudsperson and the regional long-term care ombudsperson	14930
programs, shall require each representative of the office to	14931
complete a training and certification program in accordance with	14932
this section and to meet the continuing education requirements	14933
established under this section.	14934

(B) The department of aging shall adopt rules under Chapter	14935
119. of the Revised Code specifying the content of training	14936
programs for representatives of the office of the state long-term	14937
care ombudsperson program. Training for representatives other than	14938
those who are volunteers providing services through regional	14939
long-term care ombudsperson programs shall include instruction	14940
regarding federal, state, and local laws, rules, and policies on	14941
long-term care facilities and community-based long-term care	14942
services; investigative techniques; and other topics considered	14943
relevant by the department and shall consist of the following:	14944

(1) A minimum of forty clock hours of basic instruction,	14945
which shall be completed before the trainee is permitted to handle	14946
complaints without the supervision of a representative of the	14947
office certified under this section;	14948

(2) An additional sixty clock hours of instruction, which	14949
shall be completed within the first fifteen months of employment;	14950

(3) An internship of twenty clock hours, which shall be	14951
completed within the first twenty-four months of employment,	14952
including instruction in, and observation of, basic nursing care	14953
and long-term care provider operations and procedures. The	14954
internship shall be performed at a site that has been approved as	14955
an internship site by the state long-term care ombudsperson.	14956

(4) One of the following, which shall be completed within the	14957
first twenty-four months of employment:	14958

(a) Observation of a survey conducted by the director of	14959
health to certify a nursing facility to ~~receive funds under~~	14960
~~sections 5111.20 to 5111.32 of the Revised Code~~participate in the	14961
medicaid program;	14962

(b) Observation of an inspection conducted by the director of	14963
~~mental health~~mental health and addiction services to license a	14964
residential facility under section ~~5119.22~~5119.34 of the Revised	14965
Code that provides accommodations, supervision, and personal care	14966
services for three to sixteen unrelated adults.	14967

(5) Any other training considered appropriate by the	14968
department.	14969

(C) Persons who for a period of at least six months prior to	14970
June 11, 1990, served as ombudsmen through the long-term care	14971
ombudsperson program established by the department of aging under	14972
division (M) of section 173.01 of the Revised Code shall not be	14973
required to complete a training program. These persons and persons	14974
who complete a training program shall take an examination	14975
administered by the department of aging. On attainment of a	14976
passing score, the person shall be certified by the department as	14977
a representative of the office. The department shall issue the	14978
person an identification card, which the representative shall show	14979
at the request of any person with whom the representative deals	14980
while performing the representative's duties and which shall be	14981
surrendered at the time the representative separates from the	14982
office.	14983

(D) The state ombudsperson and each regional program shall	14984
conduct training programs for volunteers on their respective	14985
staffs in accordance with the rules of the department of aging	14986
adopted under division (B) of this section. Training programs may	14987
be conducted that train volunteers to complete some, but not all,	14988
of the duties of a representative of the office. Each regional	14989
office shall bear the cost of training its representatives who are	14990
volunteers. On completion of a training program, the	14991
representative shall take an examination administered by the	14992
department of aging. On attainment of a passing score, a volunteer	14993
shall be certified by the department as a representative	14994
authorized to perform services specified in the certification. The	14995
department shall issue an identification card, which the	14996
representative shall show at the request of any person with whom	14997
the representative deals while performing the representative's	14998
duties and which shall be surrendered at the time the	14999
representative separates from the office. Except as a supervised	15000
part of a training program, no volunteer shall perform any duty	15001
unless he is certified as a representative having received	15002
appropriate training for that duty.	15003

(E) The state ombudsperson shall provide technical assistance	15004
to regional programs conducting training programs for volunteers	15005
and shall monitor the training programs.	15006

(F) Prior to scheduling an observation of a certification	15007
survey or licensing inspection for purposes of division (B)(4) of	15008
this section, the state ombudsperson shall obtain permission to	15009
have the survey or inspection observed from both the director of	15010
health and the long-term care facility at which the survey or	15011
inspection is to take place.	15012

(G) The department of aging shall establish continuing	15013
education requirements for representatives of the office.	15014

Sec. 173.26. (A) Each of the following facilities shall	15015
annually pay to the department of aging six dollars for each bed	15016
~~maintained by~~ the facility ~~for use by a resident~~was licensed or	15017
otherwise authorized to maintain during any part of the previous	15018
year:	15019

(1) Nursing homes,and residential care facilities, ~~and homes~~	15020
~~for the aging~~ as defined in section 3721.01 of the Revised Code;	15021

(2) Facilities authorized to provide extended care services	15022
under Title XVIII of the "Social Security Act," 49 Stat. 620	15023
(1935), 42 U.S.C. 301, as amended, including a long-term acute	15024
care hospital that provides medical and rehabilitative care to	15025
patients who require an average length of stay greater than	15026
twenty-five days and is classified by the centers for medicare and	15027
medicaid services as a long-term care hospital pursuant to 42	15028
C.F.R. 412.23(e);	15029

(3) County homes and district homes operated pursuant to	15030
Chapter 5155. of the Revised Code;	15031

(4) Residential facilities licensed under section ~~5119.22~~	15032
5119.34 of the Revised Code that provide accommodations,	15033
supervision, and personal care services for three to sixteen	15034
unrelated adults;	15035

(5) Facilities approved by the Veterans Administration under	15036
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	15037
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	15038
the placement and care of veterans.	15039

The department shall, by rule adopted in accordance with	15040
Chapter 119. of the Revised Code, establish deadlines for payments	15041
required by this section. A facility that fails, within ninety	15042
days after the established deadline, to pay a payment required by	15043
this section shall be assessed at two times the original invoiced	15044
payment.	15045

(B) All money collected under this section shall be deposited	15046
in the state treasury to the credit of the office of the state	15047
long-term care ombudsperson program fund, which is hereby created.	15048
Money credited to the fund shall be used solely to pay the costs	15049
of operating the regional long-term care ombudsperson programs.	15050

(C) The state long-term care ombudsperson and the regional	15051
programs may solicit and receive contributions to support the	15052
operation of the office or a regional program, except that no	15053
contribution shall be solicited or accepted that would interfere	15054
with the independence or objectivity of the office or program.	15055

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

15056

(1) "Applicant" means a person who is under final	15057
consideration for employment ~~with the office of the state~~	15058
~~long-term care ombudsperson program~~by a responsible party in a	15059
full-time, part-time, or temporary position that involves	15060
providing ombudsperson services to residents and recipients.	15061
"Applicant" includes a person who is under final consideration for	15062
employment as the state long-term care ombudsperson or the head of	15063
a regional long-term care ombudsperson program. "Applicant" does	15064
not include a person seeking to provide ombudsperson services to	15065
residents and recipients as a volunteer without receiving or	15066
expecting to receive any form of remuneration other than	15067
reimbursement for actual expenses.	15068

(2) "Criminal records check" has the same meaning as in	15069
section 109.572 of the Revised Code.	15070

(3) "Disqualifying offense" means any of the offenses listed	15071
or described in divisions (A)(3)(a) to (e) of section 109.572 of	15072
the Revised Code.	15073

(4) "Employee" means a person employed by ~~the office of the~~	15074
~~state long-term care ombudsperson program~~a responsible party in a	15075
full-time, part-time, or temporary position that involves	15076
providing ombudsperson services to residents and recipients.	15077
"Employee" includes the person employed as the state long-term	15078
care ombudsperson and a person employed as the head of a regional	15079
long-term care ombudsperson program. "Employee" does not include a	15080
person who provides ombudsperson services to residents and	15081
recipients as a volunteer without receiving or expecting to	15082
receive any form of remuneration other than reimbursement for	15083
actual expenses.	15084

(5) "Responsible ~~entity~~party" means the following:

15085

(a) In the case of an applicant who is under final	15086
consideration for employment as the state long-term care	15087
ombudsperson or the person employed as the state long-term care	15088
ombudsperson, the director of aging;	15089

(b) In the case of any other applicant who is under final	15090
consideration for employment with the state long-term care	15091
ombudsperson program or any other employee of the state long-term	15092
care ombudsperson program, the state long-term care ombudsperson	15093
~~or the ombudsperson's designee~~;	15094

(c) In the case of an applicant who is under final	15095
consideration for employment with a regional long-term care	15096
ombudsperson program (including as the head of the regional	15097
program) or an employee of a regional long-term care ombudsperson	15098
program (including the head of a regional program), the regional	15099
long-term care ombudsperson program.	15100

(B) ~~The office of the state long-term care ombudsperson~~	15101
~~program~~A responsible party may not employ an applicant or	15102
continue to employ an employee in a position that involves	15103
providing ombudsperson services to residents and recipients if any	15104
of the following apply:	15105

(1) A review of the databases listed in division (D) of this	15106
section reveals any of the following:	15107

(a) That the applicant or employee is included in one or more	15108
of the databases listed in divisions (D)(1) to (5) of this	15109
section;	15110

(b) That there is in the state nurse aide registry	15111
established under section 3721.32 of the Revised Code a statement	15112
detailing findings by the director of health that the applicant or	15113
employee neglected or abused a long-term care facility or	15114
residential care facility resident or misappropriated property of	15115
such a resident;	15116

(c) That the applicant or employee is included in one or more	15117
of the databases, if any, specified in rules adopted under this	15118
section and the rules prohibit the ~~office~~responsible party from	15119
employing an applicant or continuing to employ an employee	15120
included in such a database in a position that involves providing	15121
ombudsperson services to residents and recipients.	15122

(2) After the applicant or employee is provided, pursuant to	15123
division (E)(2)(a) of this section, a copy of the form prescribed	15124
pursuant to division (C)(1) of section 109.572 of the Revised Code	15125
and the standard impression sheet prescribed pursuant to division	15126
(C)(2) of that section, the applicant or employee fails to	15127
complete the form or provide the applicant's or employee's	15128
fingerprint impressions on the standard impression sheet.	15129

(3) ~~Except as provided~~Unless the applicant or employee meets	15130
standards specified in rules adopted under this section, the	15131
applicant or employee is found by a criminal records check	15132
required by this section to have been convicted of, pleaded guilty	15133
to, or been found eligible for intervention in lieu of conviction	15134
for a disqualifying offense.	15135

(C) ~~The~~A responsible ~~entity~~party or a responsible party's	15136
designee shall inform each applicant of both of the following at	15137
the time of the applicant's initial application for employment in	15138
a position that involves providing ombudsperson services to	15139
residents and recipients:	15140

(1) That a review of the databases listed in division (D) of	15141
this section will be conducted to determine whether the ~~office of~~	15142
~~the state long-term care ombudsperson program~~responsible party is	15143
prohibited by division (B)(1) of this section from employing the	15144
applicant in the position;	15145

(2) That, unless the database review reveals that the	15146
applicant may not be employed in the position, a criminal records	15147
check of the applicant will be conducted and the applicant is	15148
required to provide a set of the applicant's fingerprint	15149
impressions as part of the criminal records check.	15150

(D) As a condition of any applicant's being employed by ~~the~~	15151
~~office of the state long-term care ombudsperson program~~a	15152
responsible party in a position that involves providing	15153
ombudsperson services to residents and recipients, the responsible	15154
~~entity~~party or designee shall conduct a database review of the	15155
applicant in accordance with rules adopted under this section. If	15156
rules adopted under this section so require, the responsible	15157
~~entity~~party or designee shall conduct a database review of an	15158
employee in accordance with the rules as a condition of the	15159
~~office's~~responsible party continuing to employ the employee in a	15160
position that involves providing ombudsperson services to	15161
residents and recipients. A database review shall determine	15162
whether the applicant or employee is included in any of the	15163
following:	15164

(1) The excluded parties list system that is maintained by	15165
the United States general services administration pursuant to	15166
subpart 9.4 of the federal acquisition regulation and available at	15167
the federal web site known as the system for award management;	15168

(2) The list of excluded individuals and entities maintained	15169
by the office of inspector general in the United States department	15170
of health and human services pursuant to section 1128 of the	15171
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	15172
amended, and section 1156 of the "Social Security Act," 96 Stat.	15173
388 (1982), 42 U.S.C. 1320c-5, as amended;	15174

(3) The registry of MR/DD employees established under section	15175
5123.52 of the Revised Code;	15176

(4) The internet-based sex offender and child-victim offender	15177
database established under division (A)(11) of section 2950.13 of	15178
the Revised Code;	15179

(5) The internet-based database of inmates established under	15180
section 5120.66 of the Revised Code;	15181

(6) The state nurse aide registry established under section	15182
3721.32 of the Revised Code;	15183

(7) Any other database, if any, specified in rules adopted	15184
under this section.	15185

(E)(1) As a condition of any applicant's being employed by	15186
~~the office of the state long-term care ombudsperson program~~a	15187
responsible party in a position that involves providing	15188
ombudsperson services to residents and recipients, the responsible	15189
~~entity~~party or designee shall request that the superintendent of	15190
the bureau of criminal identification and investigation conduct a	15191
criminal records check of the applicant. If rules adopted under	15192
this section so require, the responsible ~~entity~~party or designee	15193
shall request that the superintendent conduct a criminal records	15194
check of an employee at times specified in the rules as a	15195
condition of the ~~office's~~responsible party continuing to employ	15196
the employee in a position that involves providing ombudsperson	15197
services to residents and recipients. However, the responsible	15198
~~entity~~party or designee is not required to request the criminal	15199
records check of the applicant or employee if the ~~office~~	15200
responsible party is prohibited by division (B)(1) of this section	15201
from employing the applicant or continuing to employ the employee	15202
in a position that involves providing ombudsperson services to	15203
residents and recipients. If an applicant or employee for whom a	15204
criminal records check request is required by this section does	15205
not present proof of having been a resident of this state for the	15206
five-year period immediately prior to the date the criminal	15207
records check is requested or provide evidence that within that	15208
five-year period the superintendent has requested information	15209
about the applicant or employee from the federal bureau of	15210
investigation in a criminal records check, the responsible ~~entity~~	15211
party or designee shall request that the superintendent obtain	15212
information from the federal bureau of investigation as part of	15213
the criminal records check. Even if an applicant or employee for	15214
whom a criminal records check request is required by this section	15215
presents proof of having been a resident of this state for the	15216
five-year period, the responsible ~~entity~~party or designee may	15217
request that the superintendent include information from the	15218
federal bureau of investigation in the criminal records check.	15219

(2) ~~The~~A responsible ~~entity~~party or designee shall do all	15220
of the following:	15221

(a) Provide to each applicant and employee for whom a	15222
criminal records check request is required by this section a copy	15223
of the form prescribed pursuant to division (C)(1) of section	15224
109.572 of the Revised Code and a standard impression sheet	15225
prescribed pursuant to division (C)(2) of that section;	15226

(b) Obtain the completed form and standard impression sheet	15227
from the applicant or employee;	15228

(c) Forward the completed form and standard impression sheet	15229
to the superintendent.	15230

(3) ~~The office of the state long-term care ombudsperson~~	15231
~~program~~A responsible party shall pay to the bureau of criminal	15232
identification and investigation the fee prescribed pursuant to	15233
division (C)(3) of section 109.572 of the Revised Code for each	15234
criminal records check the responsible ~~entity~~party or the	15235
responsible party's designee requests under this section. The	15236
~~office~~responsible party may charge an applicant a fee not	15237
exceeding the amount the ~~office~~responsible party pays to the	15238
bureau under this section if the responsible ~~entity~~party or	15239
designee notifies the applicant at the time of initial application	15240
for employment of the amount of the fee.	15241

(F)(1) ~~The office of the state long-term care ombudsperson~~	15242
~~program~~A responsible party may employ conditionally an applicant	15243
for whom a criminal records check is required by this section	15244
prior to obtaining the results of the criminal records check if	15245
both of the ~~office~~following apply:	15246

(a) The responsible party is not prohibited by division	15247
(B)(1) of this section from employing the applicant in a position	15248
that involves providing ombudsperson services to residents and	15249
recipients ~~and the~~;	15250

(b) The responsible ~~entity~~party or designee requests the	15251
criminal records check in accordance with division (E) of this	15252
section not later than five business days after the applicant	15253
begins conditional employment.	15254

(2) ~~The office of the state long-term care ombudsperson~~	15255
~~program~~A responsible party shall terminate the employment of an	15256
applicant employed conditionally under division (F)(1) of this	15257
section if the results of the criminal records check, other than	15258
the results of any request for information from the federal bureau	15259
of investigation, are not obtained within the period ending sixty	15260
days after the date the request for the criminal records check is	15261
made. Regardless of when the results of the criminal records check	15262
are obtained, if the results indicate that the applicant has been	15263
convicted of, pleaded guilty to, or been found eligible for	15264
intervention in lieu of conviction for a disqualifying offense,	15265
the ~~office~~responsible party shall terminate the applicant's	15266
employment unless ~~circumstances~~the applicant meets standards	15267
specified in rules adopted under this section that permit the	15268
~~office~~responsible party to employ the applicant ~~exist~~ and the	15269
~~office~~responsible party chooses to employ the applicant.	15270
Termination of employment under this division shall be considered	15271
just cause for discharge for purposes of division (D)(2) of	15272
section 4141.29 of the Revised Code if the applicant makes any	15273
attempt to deceive the ~~office~~responsible party or designee about	15274
the applicant's criminal record.	15275

(G) The report of any criminal records check conducted	15276
pursuant to a request made under this section is not a public	15277
record for the purposes of section 149.43 of the Revised Code and	15278
shall not be made available to any person other than the	15279
following:	15280

(1) The applicant or employee who is the subject of the	15281
criminal records check or the applicant's or employee's	15282
representative;	15283

(2) The responsible ~~entity~~party or ~~the responsible entity's~~	15284
~~representative~~designee;	15285

(3) ~~If the state long-term care ombudsperson designates the~~	15286
~~head or other employee of~~In the case of a criminal records check	15287
conducted for an applicant who is under final consideration for	15288
employment with a regional long-term care ombudsperson program to	15289
~~request a criminal records check under this section~~(including as	15290
the head of the regional program) or an employee of a regional	15291
long-term care ombudsperson program (including the head of a	15292
regional program), the state long-term care ombudsperson or a	15293
representative of the office of the state long-term care	15294
ombudsperson program who is responsible for monitoring the	15295
regional program's compliance with this section;	15296

(4) A court, hearing officer, or other necessary individual	15297
involved in a case dealing with any of the following:	15298

(a) A denial of employment of the applicant or employee;

15299

(b) Employment or unemployment benefits of the applicant or	15300
employee;	15301

(c) A civil or criminal action regarding the medicaid program	15302
or a program the department of aging administers.	15303

(H) In a tort or other civil action for damages that is	15304
brought as the result of an injury, death, or loss to person or	15305
property caused by an applicant or employee who ~~the office of the~~	15306
~~state long-term care ombudsperson program~~a responsible party	15307
employs in a position that involves providing ombudsperson	15308
services to residents and recipients, all of the following shall	15309
apply:	15310

(1) If the ~~office~~responsible party employed the applicant or	15311
employee in good faith and reasonable reliance on the report of a	15312
criminal records check requested under this section, the ~~office~~	15313
responsible party shall not be found negligent solely because of	15314
its reliance on the report, even if the information in the report	15315
is determined later to have been incomplete or inaccurate.	15316

(2) If the ~~office~~responsible party employed the applicant in	15317
good faith on a conditional basis pursuant to division (F) of this	15318
section, the ~~office~~responsible party shall not be found	15319
negligent solely because it employed the applicant prior to	15320
receiving the report of a criminal records check requested under	15321
this section.	15322

(3) If the ~~office~~responsible party in good faith employed	15323
the applicant or employee ~~according to~~because the ~~personal~~	15324
~~character~~applicant or employee meets standards ~~established~~	15325
specified in rules adopted under this section, the ~~office~~	15326
responsible party shall not be found negligent solely because the	15327
applicant or employee has been convicted of, pleaded guilty to, or	15328
been found eligible for intervention in lieu of conviction for a	15329
disqualifying offense.	15330

(I) The state long-term care ombudsperson may not act as the	15331
director of aging's designee for the purpose of this section. The	15332
head of a regional long-term care ombudsperson program may not act	15333
as the regional program's designee for the purpose of this section	15334
if the head is the employee for whom a database review or criminal	15335
records check is being conducted.	15336

(J) The director of aging shall adopt rules in accordance	15337
with Chapter 119. of the Revised Code to implement this section.	15338

(1) The rules may do the following:

15339

(a) Require employees to undergo database reviews and	15340
criminal records checks under this section;	15341

(b) If the rules require employees to undergo database	15342
reviews and criminal records checks under this section, exempt one	15343
or more classes of employees from the requirements;	15344

(c) For the purpose of division (D)(7) of this section,	15345
specify other databases that are to be checked as part of a	15346
database review conducted under this section.	15347

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

15348

(a) The procedures for conducting database reviews under this	15349
section;	15350

(b) If the rules require employees to undergo database	15351
reviews and criminal records checks under this section, the times	15352
at which the database reviews and criminal records checks are to	15353
be conducted;	15354

(c) If the rules specify other databases to be checked as	15355
part of the database reviews, the circumstances under which ~~the~~	15356
~~office of the state long-term care ombudsperson program~~a	15357
responsible party is prohibited from employing an applicant or	15358
continuing to employ an employee who is found by a database review	15359
to be included in one or more of those databases;	15360

(d) ~~Circumstances under which the office of the state~~	15361
~~long-term care ombudsperson program may employ~~Standards that an	15362
applicant or employee ~~who~~must meet for a responsible party to be	15363
permitted to employ the applicant or continue to employ the	15364
employee in a position that involves providing ombudsperson	15365
services to residents and recipients if the applicant or employee	15366
is found by a criminal records check required by this section to	15367
have been convicted of, pleaded guilty to, or been found eligible	15368
for intervention in lieu of conviction for a disqualifying offense	15369
~~but meets personal character standards~~.	15370

~~Sec. 173.394.~~ Sec. 173.38. (A) As used in this section:

15371

(1) "Applicant" means a person who is under final	15372
consideration for employment with a ~~community-based long-term care~~	15373
~~agency~~responsible party in a full-time, part-time, or temporary	15374
direct-care position ~~that involves providing direct care to an~~	15375
~~individual~~ or is referred to a ~~community-based long-term care~~	15376
~~agency~~responsible party by an employment service for such a	15377
position. "Applicant" does not include a person ~~who provides~~	15378
~~direct care to an individual~~being considered for a direct-care	15379
position as a volunteer ~~without receiving or expecting to receive~~	15380
~~any form of remuneration other than reimbursement for actual~~	15381
~~expenses~~.	15382

(2) "Area agency on aging" has the same meaning as in section	15383
173.14 of the Revised Code.	15384

(3) "Community-based long-term care services" means	15385
community-based long-term care services, as defined in section	15386
173.14 of the Revised Code, that are provided under a program the	15387
department of aging administers.	15388

(4) "Consumer" means an individual who receives	15389
community-based long-term care services.	15390

(5) "Criminal records check" has the same meaning as in	15391
section 109.572 of the Revised Code.	15392

(6) "Direct-care position" means an employment position in	15393
which an employee has either or both of the following:	15394

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

15395

(ii) Access to one or more consumers' personal property or	15396
records.	15397

(7) "Disqualifying offense" means any of the offenses listed	15398
or described in divisions (A)(3)(a) to (e) of section 109.572 of	15399
the Revised Code.	15400

(8) "Employee" means a person employed by a ~~community-based~~	15401
~~long-term care agency~~responsible party in a full-time, part-time,	15402
or temporary direct-care position ~~that involves providing direct~~	15403
~~care to an individual~~ and a person who works in such a position	15404
due to being referred to a ~~community-based long-term care agency~~	15405
responsible party by an employment service. "Employee" does not	15406
include a person who ~~provides direct care to an individual~~works	15407
in a direct-care position as a volunteer ~~without receiving or~~	15408
~~expecting to receive any form of remuneration other than~~	15409
~~reimbursement for actual expenses~~.	15410

(9) "PASSPORT administrative agency" has the same meaning as	15411
in section 173.42 of the Revised Code.	15412

(10) "Provider" has the same meaning as in section 173.39 of	15413
the Revised Code.	15414

(11) "Responsible party" means the following:

15415

(a) An area agency on aging in the case of either of the	15416
following:	15417

(i) A person who is an applicant because the person is under	15418
final consideration for employment with the agency in a full-time,	15419
part-time, or temporary direct-care position or is referred to the	15420
agency by an employment service for such a position;	15421

(ii) A person who is an employee because the person is	15422
employed by the agency in a full-time, part-time, or temporary	15423
direct-care position or works in such a position due to being	15424
referred to the agency by an employment service.	15425

(b) A PASSPORT administrative agency in the case of either of	15426
the following:	15427

(i) A person who is an applicant because the person is under	15428
final consideration for employment with the agency in a full-time,	15429
part-time, or temporary direct-care position or is referred to the	15430
agency by an employment service for such a position;	15431

(ii) A person who is an employee because the person is	15432
employed by the agency in a full-time, part-time, or temporary	15433
direct-care position or works in such a position due to being	15434
referred to the agency by an employment service.	15435

15436

(i) A person who is an applicant because the person is under	15437
final consideration for employment with the provider in a	15438
full-time, part-time, or temporary direct-care position or is	15439
referred to the provider by an employment service for such a	15440
position;	15441

(ii) A person who is an employee because the person is	15442
employed by the provider in a full-time, part-time, or temporary	15443
direct-care position or works in such a position due to being	15444
referred to the provider by an employment service.	15445

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

15446

(i) A person who is an applicant because the person is under	15447
final consideration for employment with the subcontractor in a	15448
full-time, part-time, or temporary direct-care position or is	15449
referred to the subcontractor by an employment service for such a	15450
position;	15451

(ii) A person who is an employee because the person is	15452
employed by the subcontractor in a full-time, part-time, or	15453
temporary direct-care position or works in such a position due to	15454
being referred to the subcontractor by an employment service.	15455

(12) "Subcontractor" has the meaning specified in rules	15456
adopted under this section.	15457

(13) "Volunteer" means a person who serves in a direct-care	15458
position without receiving or expecting to receive any form of	15459
remuneration other than reimbursement for actual expenses.	15460

(14) "Waiver agency" has the same meaning as in section	15461
~~5111.033~~5164.342 of the Revised Code.	15462

(B) This section does not apply to any individual who is	15463
subject to a database review or criminal records check under	15464
section 3701.881 of the Revised Code. If a ~~community-based~~	15465
~~long-term care agency~~provider or subcontractor also is a waiver	15466
agency, the ~~agency~~provider or subcontractor may provide for	15467
applicants and employees to undergo database reviews and criminal	15468
records checks in accordance with section ~~5111.033~~5164.342 of the	15469
Revised Code rather than this section.	15470

(C) No ~~community-based long-term care agency~~responsible	15471
party shall employ an applicant or continue to employ an employee	15472
in a direct-care position ~~that involves providing direct care to~~	15473
~~an individual~~ if any of the following apply:	15474

(1) A review of the databases listed in division (E) of this	15475
section reveals any of the following:	15476

(a) That the applicant or employee is included in one or more	15477
of the databases listed in divisions (E)(1) to (5) of this	15478
section;	15479

(b) That there is in the state nurse aide registry	15480
established under section 3721.32 of the Revised Code a statement	15481
detailing findings by the director of health that the applicant or	15482
employee neglected or abused a long-term care facility or	15483
residential care facility resident or misappropriated property of	15484
such a resident;	15485

(c) That the applicant or employee is included in one or more	15486
of the databases, if any, specified in rules adopted under this	15487
section and the rules prohibit the ~~agency~~responsible party from	15488
employing an applicant or continuing to employ an employee	15489
included in such a database in a direct-care position ~~that~~	15490
~~involves providing direct care to an individual~~.	15491

(2) After the applicant or employee is provided, pursuant to	15492
division (F)(2)(a) of this section, a copy of the form prescribed	15493
pursuant to division (C)(1) of section 109.572 of the Revised Code	15494
and the standard impression sheet prescribed pursuant to division	15495
(C)(2) of that section, the applicant or employee fails to	15496
complete the form or provide the applicant's or employee's	15497
fingerprint impressions on the standard impression sheet.	15498

(3) ~~Except as provided~~Unless the applicant or employee meets	15499
standards specified in rules adopted under this section, the	15500
applicant or employee is found by a criminal records check	15501
required by this section to have been convicted of, pleaded guilty	15502
to, or been found eligible for intervention in lieu of conviction	15503
for a disqualifying offense.	15504

(D) Except as provided by division (G) of this section, the	15505
chief administrator of a ~~community-based long-term care agency~~	15506
responsible party shall inform each applicant of both of the	15507
following at the time of the applicant's initial application for	15508
employment or referral to the ~~agency~~responsible party by an	15509
employment service for a direct-care position ~~that involves~~	15510
~~providing direct care to an individual~~:	15511

(1) That a review of the databases listed in division (E) of	15512
this section will be conducted to determine whether the ~~agency~~	15513
responsible party is prohibited by division (C)(1) of this section	15514
from employing the applicant in the direct-care position;	15515

(2) That, unless the database review reveals that the	15516
applicant may not be employed in the direct-care position, a	15517
criminal records check of the applicant will be conducted and the	15518
applicant is required to provide a set of the applicant's	15519
fingerprint impressions as part of the criminal records check.	15520

(E) As a condition of employing any applicant in a	15521
direct-care position ~~that involves providing direct care to an~~	15522
~~individual~~, the chief administrator of a ~~community-based long-term~~	15523
~~care agency~~responsible party shall conduct a database review of	15524
the applicant in accordance with rules adopted under this section.	15525
If rules adopted under this section so require, the chief	15526
administrator of a ~~community-based long-term care agency~~	15527
responsible party shall conduct a database review of an employee	15528
in accordance with the rules as a condition of continuing to	15529
employ the employee in a direct-care position ~~that involves~~	15530
~~providing direct care to an individual~~. However, a chief	15531
administrator is not required to conduct a database review of an	15532
applicant or employee if division (G) of this section applies. A	15533
database review shall determine whether the applicant or employee	15534
is included in any of the following:	15535

(1) The excluded parties list system that is maintained by	15536
the United States general services administration pursuant to	15537
subpart 9.4 of the federal acquisition regulation and available at	15538
the federal web site known as the system for award management;	15539

(2) The list of excluded individuals and entities maintained	15540
by the office of inspector general in the United States department	15541
of health and human services pursuant to ~~section 1128 of~~ the	15542
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	15543
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	15544
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	15545
~~amended~~;	15546

(3) The registry of MR/DD employees established under section	15547
5123.52 of the Revised Code;	15548

(4) The internet-based sex offender and child-victim offender	15549
database established under division (A)(11) of section 2950.13 of	15550
the Revised Code;	15551

(5) The internet-based database of inmates established under	15552
section 5120.66 of the Revised Code;	15553

(6) The state nurse aide registry established under section	15554
3721.32 of the Revised Code;	15555

(7) Any other database, if any, specified in rules adopted	15556
under this section.	15557

(F)(1) As a condition of employing any applicant in a	15558
direct-care position ~~that involves providing direct care to an~~	15559
~~individual~~, the chief administrator of a ~~community-based long-term~~	15560
~~care agency~~responsible party shall request that the	15561
superintendent of the bureau of criminal identification and	15562
investigation conduct a criminal records check of the applicant.	15563
If rules adopted under this section so require, the chief	15564
administrator of a ~~community-based long-term care agency~~	15565
responsible party shall request that the superintendent conduct a	15566
criminal records check of an employee at times specified in the	15567
rules as a condition of continuing to employ the employee in a	15568
direct-care position ~~that involves providing direct care to an~~	15569
~~individual~~. However, the chief administrator is not required to	15570
request the criminal records check of the applicant or employee if	15571
division (G) of this section applies or the ~~agency~~responsible	15572
party is prohibited by division (C)(1) of this section from	15573
employing the applicant or continuing to employ the employee in a	15574
direct-care position ~~that involves providing direct care to an~~	15575
~~individual~~. If an applicant or employee for whom a criminal	15576
records check request is required by this section does not present	15577
proof of having been a resident of this state for the five-year	15578
period immediately prior to the date the criminal records check is	15579
requested or provide evidence that within that five-year period	15580
the superintendent has requested information about the applicant	15581
or employee from the federal bureau of investigation in a criminal	15582
records check, the chief administrator shall request that the	15583
superintendent obtain information from the federal bureau of	15584
investigation as part of the criminal records check. Even if an	15585
applicant or employee for whom a criminal records check request is	15586
required by this section presents proof of having been a resident	15587
of this state for the five-year period, the chief administrator	15588
may request that the superintendent include information from the	15589
federal bureau of investigation in the criminal records check.	15590

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

15591

(a) Provide to each applicant and employee for whom a	15592
criminal records check request is required by this section a copy	15593
of the form prescribed pursuant to division (C)(1) of section	15594
109.572 of the Revised Code and a standard impression sheet	15595
prescribed pursuant to division (C)(2) of that section;	15596

(b) Obtain the completed form and standard impression sheet	15597
from the applicant or employee;	15598

(c) Forward the completed form and standard impression sheet	15599
to the superintendent.	15600

(3) A ~~community-based long-term care agency~~responsible party	15601
shall pay to the bureau of criminal identification and	15602
investigation the fee prescribed pursuant to division (C)(3) of	15603
section 109.572 of the Revised Code for each criminal records	15604
check the ~~agency~~responsible party requests under this section. An	15605
~~agency~~A responsible party may charge an applicant a fee not	15606
exceeding the amount the ~~agency~~responsible party pays to the	15607
bureau under this section if both of the following apply:	15608

(a) The ~~agency~~responsible party notifies the applicant at	15609
the time of initial application for employment of the amount of	15610
the fee and that, unless the fee is paid, the applicant will not	15611
be considered for employment.	15612

(b) The medicaid program ~~established under Chapter 5111. of~~	15613
~~the Revised Code~~ does not ~~reimburse~~pay the ~~agency~~responsible	15614
party for the fee it pays to the bureau under this section.	15615

(G) Divisions (D) to (F) of this section do not apply with	15616
regard to an applicant or employee if the applicant or employee is	15617
referred to a ~~community-based long-term agency~~responsible party	15618
by an employment service that supplies full-time, part-time, or	15619
temporary staff for direct-care positions ~~that involve providing~~	15620
~~direct care to an individual~~ and both of the following apply:	15621

(1) The chief administrator of the ~~agency~~responsible party	15622
receives from the employment service confirmation that a review of	15623
the databases listed in division (E) of this section was conducted	15624
of the applicant or employee.	15625

(2) The chief administrator of the ~~agency~~responsible party	15626
receives from the employment service, applicant, or employee a	15627
report of the results of a criminal records check of the applicant	15628
or employee that has been conducted by the superintendent within	15629
the one-year period immediately preceding the following:	15630

(a) In the case of an applicant, the date of the applicant's	15631
referral by the employment service to the ~~agency~~responsible	15632
party;	15633

(b) In the case of an employee, the date by which the ~~agency~~	15634
responsible party would otherwise have to request a criminal	15635
records check of the employee under division (F) of this section.	15636

(H)(1) A ~~community-based long-term care agency~~responsible	15637
party may employ conditionally an applicant for whom a criminal	15638
records check request is required by this section prior to	15639
obtaining the results of the criminal records check if the ~~agency~~	15640
responsible party is not prohibited by division (C)(1) of this	15641
section from employing the applicant in a direct-care position	15642
~~that involves providing direct care to an individual~~ and either of	15643
the following applies:	15644

(a) The chief administrator of the ~~agency~~responsible party	15645
requests the criminal records check in accordance with division	15646
(F) of this section not later than five business days after the	15647
applicant begins conditional employment.	15648

(b) The applicant is referred to the ~~agency~~responsible party	15649
by an employment service, the employment service or the applicant	15650
provides the chief administrator of the ~~agency~~responsible party a	15651
letter that is on the letterhead of the employment service, the	15652
letter is dated and signed by a supervisor or another designated	15653
official of the employment service, and the letter states all of	15654
the following:	15655

(i) That the employment service has requested the	15656
superintendent to conduct a criminal records check regarding the	15657
applicant;	15658

(ii) That the requested criminal records check is to include	15659
a determination of whether the applicant has been convicted of,	15660
pleaded guilty to, or been found eligible for intervention in lieu	15661
of conviction for a disqualifying offense;	15662

(iii) That the employment service has not received the	15663
results of the criminal records check as of the date set forth on	15664
the letter;	15665

(iv) That the employment service promptly will send a copy of	15666
the results of the criminal records check to the chief	15667
administrator of the ~~agency~~responsible party when the employment	15668
service receives the results.	15669

(2) If a ~~community-based long-term care agency~~responsible	15670
party employs an applicant conditionally pursuant to division	15671
(H)(1)(b) of this section, the employment service, on its receipt	15672
of the results of the criminal records check, promptly shall send	15673
a copy of the results to the chief administrator of the ~~agency~~	15674
responsible party.	15675

(3) A ~~community-based long-term care agency~~responsible party	15676
that employs an applicant conditionally pursuant to division	15677
(H)(1)(a) or (b) of this section shall terminate the applicant's	15678
employment if the results of the criminal records check, other	15679
than the results of any request for information from the federal	15680
bureau of investigation, are not obtained within the period ending	15681
sixty days after the date the request for the criminal records	15682
check is made. Regardless of when the results of the criminal	15683
records check are obtained, if the results indicate that the	15684
applicant has been convicted of, pleaded guilty to, or been found	15685
eligible for intervention in lieu of conviction for a	15686
disqualifying offense, the ~~agency~~responsible party shall	15687
terminate the applicant's employment unless ~~circumstances~~the	15688
applicant meets standards specified in rules adopted under this	15689
section that permit the ~~agency~~responsible party to employ the	15690
applicant ~~exist~~ and the ~~agency~~responsible party chooses to employ	15691
the applicant. Termination of employment under this division shall	15692
be considered just cause for discharge for purposes of division	15693
(D)(2) of section 4141.29 of the Revised Code if the applicant	15694
makes any attempt to deceive the ~~agency~~responsible party about	15695
the applicant's criminal record.	15696

(I) The report of any criminal records check conducted	15697
pursuant to a request made under this section is not a public	15698
record for the purposes of section 149.43 of the Revised Code and	15699
shall not be made available to any person other than the	15700
following:	15701

(1) The applicant or employee who is the subject of the	15702
criminal records check or the applicant's or employee's	15703
representative;	15704

(2) The chief administrator of the ~~community-based long-term~~	15705
~~care agency~~responsible party requesting the criminal records	15706
check or the administrator's representative;	15707

(3) The administrator of any other facility, agency, or	15708
program that provides ~~direct care to individuals~~community-based	15709
long-term care services that is owned or operated by the same	15710
entity that owns or operates the ~~community-based long-term care~~	15711
~~agency~~responsible party that requested the criminal records	15712
check;	15713

(4) The employment service that requested the criminal	15714
records check;	15715

(5) The director of aging or a person authorized by the	15716
director to monitor a ~~community-based long-term care agency's~~	15717
responsible party's compliance with this section;	15718

(6) The medicaid director ~~of job and family services~~ and the	15719
staff of the department of ~~job and family services~~medicaid who	15720
are involved in the administration of the medicaid program if	15721
either of the following apply:	15722

(a) In the case of a criminal records check requested by a	15723
~~community-based long-term care agency~~provider or subcontractor,	15724
the ~~agency~~provider or subcontractor also is a waiver agency;	15725

(b) In the case of a criminal records check requested by an	15726
employment service, the employment service makes the request for	15727
an applicant or employee the employment service refers to a	15728
~~community-based long-term care agency~~provider or subcontractor	15729
that also is a waiver agency.	15730

(7) A court, hearing officer, or other necessary individual	15731
involved in a case dealing with any of the following:	15732

(a) A denial of employment of the applicant or employee;

15733

(b) Employment or unemployment benefits of the applicant or	15734
employee;	15735

(c) A civil or criminal action regarding the medicaid program	15736
or a program the department of aging administers.	15737

(J) In a tort or other civil action for damages that is	15738
brought as the result of an injury, death, or loss to person or	15739
property caused by an applicant or employee who a ~~community-based~~	15740
~~long-term care agency~~responsible party employs in a direct-care	15741
position ~~that involves providing direct care to individuals~~, all	15742
of the following shall apply:	15743

(1) If the ~~agency~~responsible party employed the applicant or	15744
employee in good faith and reasonable reliance on the report of a	15745
criminal records check requested under this section, the ~~agency~~	15746
responsible party shall not be found negligent solely because of	15747
its reliance on the report, even if the information in the report	15748
is determined later to have been incomplete or inaccurate.	15749

(2) If the ~~agency~~responsible party employed the applicant in	15750
good faith on a conditional basis pursuant to division (H) of this	15751
section, the ~~agency~~responsible party shall not be found	15752
negligent solely because it employed the applicant prior to	15753
receiving the report of a criminal records check requested under	15754
this section.	15755

(3) If the ~~agency~~responsible party in good faith employed	15756
the applicant or employee ~~according to~~because the ~~personal~~	15757
~~character~~applicant or employee meets standards ~~established~~	15758
specified in rules adopted under this section, the ~~agency~~	15759
responsible party shall not be found negligent solely because the	15760
applicant or employee has been convicted of, pleaded guilty to, or	15761
been found eligible for intervention in lieu of conviction for a	15762
disqualifying offense.	15763

(K) The director of aging shall adopt rules in accordance	15764
with Chapter 119. of the Revised Code to implement this section.	15765

(1) The rules may do the following:

15766

(a) Require employees to undergo database reviews and	15767
criminal records checks under this section;	15768

(b) If the rules require employees to undergo database	15769
reviews and criminal records checks under this section, exempt one	15770
or more classes of employees from the requirements;	15771

(c) For the purpose of division (E)(7) of this section,	15772
specify other databases that are to be checked as part of a	15773
database review conducted under this section.	15774

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

15775

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

15776

(b) The procedures for conducting database reviews under this	15777
section;	15778

~~(b)~~(c) If the rules require employees to undergo database	15779
reviews and criminal records checks under this section, the times	15780
at which the database reviews and criminal records checks are to	15781
be conducted;	15782

~~(c)~~(d) If the rules specify other databases to be checked as	15783
part of the database reviews, the circumstances under which a	15784
~~community-based long-term care agency~~responsible party is	15785
prohibited from employing an applicant or continuing to employ an	15786
employee who is found by a database review to be included in one	15787
or more of those databases;	15788

~~(d) Circumstances under which a community-based long-term~~	15789
~~care agency may employ~~(e) Standards that an applicant or employee	15790
~~who~~must meet for a responsible party to be permitted to employ	15791
the applicant or continue to employ the employee in a direct-care	15792
position if the applicant or employee is found by a criminal	15793
records check required by this section to have been convicted of,	15794
pleaded guilty to, or been found eligible for intervention in lieu	15795
of conviction for a disqualifying offense ~~but meets personal~~	15796
~~character standards~~.	15797

Sec. 173.39. (A) As used in sections 173.39 to ~~173.394~~	15798
173.393 of the Revised Code:	15799

(1) "~~Community-based long-term care agency~~Provider" means a	15800
person or ~~government~~governmental entity that provides	15801
community-based long-term care services under a program the	15802
department of aging administers~~, regardless of whether the person~~	15803
~~or government entity is certified under section 173.391 or~~	15804
~~authorized to receive payment for the services from the department~~	15805
~~under section 173.392 of the Revised Code~~. "~~Community-based~~	15806
~~long-term care agency~~Provider" includes a person or ~~government~~	15807
governmental entity that provides home and community-based	15808
services to older adults through the PASSPORT program ~~created~~	15809
~~under~~as defined in section ~~173.40~~173.51 of the Revised Code.	15810

(2) "Community-based long-term care services" has the same	15811
meaning as in section 173.14 of the Revised Code.	15812

(B) Except as provided in section 173.392 of the Revised	15813
Code, the department of aging may not pay a ~~person or government~~	15814
~~entity~~provider for providing community-based long-term care	15815
services under a program the department administers unless the	15816
~~person or government entity~~provider is certified under section	15817
173.391 of the Revised Code and provides the services.	15818

Sec. 173.391. (A) The department of aging or its designee	15819
shall do all of the following in accordance with Chapter 119. of	15820
the Revised Code:	15821

(1) Certify a ~~person or government entity~~provider to provide	15822
community-based long-term care services under a program the	15823
department administers if the ~~person or government entity~~provider	15824
satisfies the requirements for certification established by rules	15825
adopted under division (B) of this section and pays the fee, if	15826
any, established by rules adopted under division (G) of this	15827
section;	15828

(2) When required to do so by rules adopted under division	15829
(B) of this section, take one or more of the following	15830
disciplinary actions against a ~~person or government entity~~	15831
provider certified under division (A)(1) of this section:	15832

(a) Issue a written warning;

15833

(b) Require the submission of a plan of correction or	15834
evidence of compliance with requirements identified by the	15835
department;	15836

15837

(d) Remove clients;

15838

(e) Impose a fiscal sanction such as a civil monetary penalty	15839
or an order that unearned funds be repaid;	15840

(f) Suspend the certification;

15841

(g) Revoke the certification;

15842

(h) Impose another sanction.

15843

(3) Except as provided in division (E) of this section, hold	15844
hearings when there is a dispute between the department or its	15845
designee and a ~~person or government entity~~provider concerning	15846
actions the department or its designee takes regarding a decision	15847
not to certify the ~~person or government entity~~provider under	15848
division (A)(1) of this section or a disciplinary action under	15849
divisions (A)(2)(e) to (h) of this section.	15850

(B) The director of aging shall adopt rules in accordance	15851
with Chapter 119. of the Revised Code establishing certification	15852
requirements and standards for determining which type of	15853
disciplinary action to take under division (A)(2) of this section	15854
in individual situations. The rules shall establish procedures for	15855
all of the following:	15856

(1) Ensuring that ~~community-based long-term care agencies~~	15857
providers comply with section ~~173.394~~173.38 of the Revised Code;	15858

(2) Evaluating the services provided by the ~~agencies~~	15859
providers to ensure that the services are provided in a quality	15860
manner advantageous to the individual receiving the services;	15861

(3) Determining when to take disciplinary action under	15862
division (A)(2) of this section and which disciplinary action to	15863
take;	15864

(4) Determining what constitutes another sanction for	15865
purposes of division (A)(2)(h) of this section.	15866

(C) The procedures established in rules adopted under	15867
division (B)(2) of this section shall require that all of the	15868
following be considered as part of an evaluation described in	15869
division (B)(2) of this section:	15870

(1) The ~~community-based long-term care agency's~~provider's	15871
experience and financial responsibility;	15872

(2) The ~~agency's~~provider's ability to comply with standards	15873
for the community-based long-term care services that the ~~agency~~	15874
provider provides under a program the department administers;	15875

(3) The ~~agency's~~provider's ability to meet the needs of the	15876
individuals served;	15877

(4) Any other factor the director considers relevant.

15878

(D) The rules adopted under division (B)(3) of this section	15879
shall specify that the reasons disciplinary action may be taken	15880
under division (A)(2) of this section include good cause,	15881
including misfeasance, malfeasance, nonfeasance, confirmed abuse	15882
or neglect, financial irresponsibility, or other conduct the	15883
director determines is injurious, or poses a threat, to the health	15884
or safety of individuals being served.	15885

(E) Subject to division (F) of this section, the department	15886
is not required to hold hearings under division (A)(3) of this	15887
section if any of the following conditions apply:	15888

(1) Rules adopted by the director of aging pursuant to this	15889
chapter require the ~~community-based long-term care agency~~provider	15890
to be a party to a provider agreement; hold a license,	15891
certificate, or permit; or maintain a certification, any of which	15892
is required or issued by a state or federal government entity	15893
other than the department of aging, and either of the following is	15894
the case:	15895

(a) The provider agreement has not been entered into or the	15896
license, certificate, permit, or certification has not been	15897
obtained or maintained.	15898

(b) The provider agreement, license, certificate, permit, or	15899
certification has been denied, revoked, not renewed, or suspended	15900
or has been otherwise restricted.	15901

(2) The ~~agency's~~provider's certification under this section	15902
has been denied, suspended, or revoked for any of the following	15903
reasons:	15904

(a) A ~~government~~governmental entity of this state, other	15905
than the department of aging, has terminated or refused to renew	15906
any of the following held by, or has denied any of the following	15907
sought by, a ~~community-based long-term care agency~~provider: a	15908
provider agreement, license, certificate, permit, or	15909
certification. Division (E)(2)(a) of this section applies	15910
regardless of whether the ~~agency~~provider has entered into a	15911
provider agreement in, or holds a license, certificate, permit, or	15912
certification issued by, another state.	15913

(b) The ~~agency~~provider or a principal owner or manager of	15914
the ~~agency~~provider who provides direct care has entered a guilty	15915
plea for, or has been convicted of, an offense materially related	15916
to the medicaid program.	15917

(c) The ~~agency~~provider or a principal owner or manager of	15918
the ~~agency~~provider who provides direct care has entered a guilty	15919
plea for, been convicted of, or been found eligible for	15920
intervention in lieu of conviction for an offense listed or	15921
described in divisions (A)(3)(a) to (e) of section 109.572 of the	15922
Revised Code, but only if ~~none of the personal character~~the	15923
provider, principal owner, or manager does not meet standards	15924
~~established~~specified by the director in rules adopted under	15925
section ~~173.394~~173.38 of the Revised Code ~~apply~~.	15926

(d) The United States department of health and human services	15927
has taken adverse action against the ~~agency~~provider and that	15928
action impacts the ~~agency's~~provider's participation in the	15929
medicaid program.	15930

(e) The ~~agency~~provider has failed to enter into or renew a	15931
provider agreement with the PASSPORT administrative agency, as	15932
that term is defined in section 173.42 of the Revised Code, that	15933
administers programs on behalf of the department of aging in the	15934
region of the state in which the ~~agency~~provider is certified to	15935
provide services.	15936

(f) The ~~agency~~provider has not billed or otherwise submitted	15937
a claim to the department for payment under the medicaid program	15938
in at least two years.	15939

(g) The ~~agency~~provider denied or failed to provide the	15940
department or its designee access to the ~~agency's~~provider's	15941
facilities during the ~~agency's~~provider's normal business hours	15942
for purposes of conducting an audit or structural compliance	15943
review.	15944

(h) The ~~agency~~provider has ceased doing business.

15945

(i) The ~~agency~~provider has voluntarily relinquished its	15946
certification for any reason.	15947

(3) The ~~agency's~~provider's provider agreement with the	15948
department of ~~job and family services~~medicaid has been suspended	15949
under division (C) of section ~~5111.031~~5164.37 of the Revised	15950
Code.	15951

(4) The ~~agency's~~provider's provider agreement with the	15952
department of ~~job and family services~~medicaid is denied or	15953
revoked because the ~~agency~~provider or its owner, officer,	15954
authorized agent, associate, manager, or employee has been	15955
convicted of an offense that caused the provider agreement to be	15956
suspended under section ~~5111.031~~5164.37 of the Revised Code.	15957

(F) If the department does not hold hearings when any	15958
condition described in division (E) of this section applies, the	15959
department may send a notice to the ~~agency~~provider describing a	15960
decision not to certify the ~~agency~~provider under division (A)(1)	15961
of this section or the disciplinary action the department proposes	15962
to take under division (A)(2)(e) to (h) of this section. The	15963
notice shall be sent to the ~~agency's~~provider's address that is on	15964
record with the department and may be sent by regular mail.	15965

(G) The director of aging may adopt rules in accordance with	15966
Chapter 119. of the Revised Code establishing a fee to be charged	15967
by the department of aging or its designee for certification	15968
issued under this section.	15969

All fees collected by the department or its designee under	15970
this section shall be deposited in the state treasury to the	15971
credit of the provider certification fund, which is hereby	15972
created. Money credited to the fund shall be used to pay for	15973
community-based long-term care services, administrative costs	15974
associated with ~~community-based long-term care agency~~provider	15975
certification under this section, and administrative costs related	15976
to the publication of the Ohio long-term care consumer guide.	15977

Sec. 173.392. (A) The department of aging may pay a ~~person or~~	15978
~~government entity~~provider for providing community-based long-term	15979
care services under a program the department administers, even	15980
though the ~~person or government entity~~provider is not certified	15981
under section 173.391 of the Revised Code, if all of the following	15982
are the case:	15983

(1) The ~~person or government entity~~provider has a contract	15984
with the department of aging or the department's designee to	15985
provide the services in accordance with the contract or has	15986
received a grant from the department or its designee to provide	15987
the services in accordance with a grant agreement;	15988

(2) The contract or grant agreement includes detailed	15989
conditions of participation for ~~providers of services under a~~	15990
~~program the department administers~~the provider and service	15991
standards that the ~~person or government entity~~provider is	15992
required to satisfy;	15993

(3) The ~~person or government entity~~provider complies with	15994
the contract or grant agreement;	15995

(4) The contract or grant is not for medicaid-funded	15996
services, other than services provided under the PACE program	15997
administered by the department of aging under section 173.50 of	15998
the Revised Code.	15999

(B) The director of aging shall adopt rules in accordance	16000
with Chapter 119. of the Revised Code governing both of the	16001
following:	16002

(1) Contracts and grant agreements between the department of	16003
aging or its designee and ~~persons and government entities~~	16004
~~regarding community-based long-term care services provided under a~~	16005
~~program the department administers~~providers;	16006

(2) The department's payment for community-based long-term	16007
care services under this section.	16008

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	16009
the Revised Code:	16010

(1) "Area agency on aging" means a public or private	16011
nonprofit entity designated under section 173.011 of the Revised	16012
Code to administer programs on behalf of the department of aging.	16013

(2) "Department of aging-administered medicaid waiver	16014
component" means each of the following:	16015

(a) The medicaid-funded component of the PASSPORT program	16016
created under section ~~173.40~~173.52 of the Revised Code;	16017

(b) The choices program created under section ~~173.403~~173.53	16018
of the Revised Code;	16019

(c) The medicaid-funded component of the assisted living	16020
program created under section ~~5111.89~~173.54 of the Revised Code;	16021

(d) Any other medicaid waiver component, as defined in	16022
section ~~5111.85~~5166.01 of the Revised Code, that the department	16023
of aging administers pursuant to an interagency agreement with the	16024
department of ~~job and family services~~medicaid under section	16025
~~5111.91~~5162.35 of the Revised Code.	16026

(3) "Home and community-based services covered by medicaid	16027
components the department of aging administers" means all of the	16028
following:	16029

(a) Medicaid waiver services available to a participant in a	16030
department of aging-administered medicaid waiver component;	16031

(b) The following medicaid state plan services available to a	16032
participant in a department of aging-administered medicaid waiver	16033
component as specified in rules adopted under section ~~5111.02~~	16034
5164.02 of the Revised Code:	16035

(i) Home health services;

16036

(ii) Private duty nursing services;

16037

(iii) Durable medical equipment;

16038

(iv) Services of a clinical nurse specialist;

16039

(v) Services of a certified nurse practitioner.

16040

16041

(4) "Long-term care consultation" or "consultation" means the	16042
consultation service made available by the department of aging or	16043
a program administrator through the long-term care consultation	16044
program established pursuant to this section.	16045

(5) ~~"Medicaid" means the medical assistance program~~	16046
~~established under Chapter 5111. of the Revised Code.~~	16047

~~(6)~~ "Nursing facility" has the same meaning as in section	16048
~~5111.20~~5165.01 of the Revised Code.	16049

~~(7)~~(6) "PACE program" means the component of the medicaid	16050
program the department of aging administers pursuant to section	16051
173.50 of the Revised Code.	16052

~~(8)~~(7) "PASSPORT administrative agency" means an entity under	16053
contract with the department of aging to provide administrative	16054
services regarding the PASSPORT program.	16055

~~(9)~~(8) "Program administrator" means an area agency on aging	16056
or other entity under contract with the department of aging to	16057
administer the long-term care consultation program in a geographic	16058
region specified in the contract.	16059

~~(10)~~(9) "Representative" means a person acting on behalf of	16060
an individual specified in division (G) of this section. A	16061
representative may be a family member, attorney, hospital social	16062
worker, or any other person chosen to act on behalf of the	16063
individual.	16064

(B) The department of aging shall develop a long-term care	16065
consultation program whereby individuals or their representatives	16066
are provided with long-term care consultations and receive through	16067
these professional consultations information about options	16068
available to meet long-term care needs and information about	16069
factors to consider in making long-term care decisions. The	16070
long-term care consultations provided under the program may be	16071
provided at any appropriate time, as permitted or required under	16072
this section and the rules adopted under it, including either	16073
prior to or after the individual who is the subject of a	16074
consultation has been admitted to a nursing facility or granted	16075
assistance in receiving home and community-based services covered	16076
by medicaid components the department of aging administers.	16077

(C) The long-term care consultation program shall be	16078
administered by the department of aging, except that the	16079
department may have the program administered on a regional basis	16080
by one or more program administrators. The department and each	16081
program administrator shall administer the program in such a	16082
manner that all of the following are included:	16083

(1) Coordination and collaboration with respect to all	16084
available funding sources for long-term care services;	16085

(2) Assessments of individuals regarding their long-term care	16086
service needs;	16087

(3) Assessments of individuals regarding their on-going	16088
eligibility for long-term care services;	16089

(4) Procedures for assisting individuals in obtaining access	16090
to, and coordination of, health and supportive services, including	16091
department of aging-administered medicaid waiver components;	16092

(5) Priorities for using available resources efficiently and	16093
effectively.	16094

(D) The program's long-term care consultations shall be	16095
provided by individuals certified by the department under section	16096
173.422 of the Revised Code.	16097

(E) The information provided through a long-term care	16098
consultation shall be appropriate to the individual's needs and	16099
situation and shall address all of the following:	16100

(1) The availability of any long-term care options open to	16101
the individual;	16102

(2) Sources and methods of both public and private payment	16103
for long-term care services;	16104

(3) Factors to consider when choosing among the available	16105
programs, services, and benefits;	16106

(4) Opportunities and methods for maximizing independence and	16107
self-reliance, including support services provided by the	16108
individual's family, friends, and community.	16109

(F) An individual's long-term care consultation may include	16110
an assessment of the individual's functional capabilities. The	16111
consultation may incorporate portions of the determinations	16112
required under sections ~~5111.202, 5119.061~~5119.40, ~~and~~ 5123.021,	16113
and 5165.03 of the Revised Code and may be provided concurrently	16114
with the assessment required under section ~~5111.204~~173.546 or	16115
5165.04 of the Revised Code.	16116

(G)(1) Unless an exemption specified in division (I) of this	16117
section is applicable, each of the following shall be provided	16118
with a long-term care consultation:	16119

(a) An individual who applies or indicates an intention to	16120
apply for admission to a nursing facility, regardless of the	16121
source of payment to be used for the individual's care in a	16122
nursing facility;	16123

(b) An individual who requests a long-term care consultation;

16124

(c) An individual identified by the department or a program	16125
administrator as being likely to benefit from a long-term care	16126
consultation.	16127

(2) In addition to the individuals specified in division	16128
(G)(1) of this section, a long-term care consultation may be	16129
provided to a nursing facility resident regardless of the source	16130
of payment being used for the resident's care in the nursing	16131
facility.	16132

(H)(1) Except as provided in division (H)(2) or (3) of this	16133
section, a long-term care consultation provided pursuant to	16134
division (G) of this section shall be provided as follows:	16135

(a) If the individual for whom the consultation is being	16136
provided has applied for medicaid and the consultation is being	16137
provided concurrently with the assessment required under section	16138
~~5111.204~~5165.04 of the Revised Code, the consultation shall be	16139
completed in accordance with the applicable time frames specified	16140
in that section for providing a level of care determination based	16141
on the assessment.	16142

(b) In all other cases, the consultation shall be provided	16143
not later than five calendar days after the department or program	16144
administrator receives notice of the reason for which the	16145
consultation is to be provided pursuant to division (G) of this	16146
section.	16147

(2) An individual or the individual's representative may	16148
request that a long-term care consultation be provided on a date	16149
that is later than the date required under division (H)(1)(a) or	16150
(b) of this section.	16151

(3) If a long-term care consultation cannot be completed	16152
within the number of days required by division (H)(1) or (2) of	16153
this section, the department or program administrator may do any	16154
of the following:	16155

(a) In the case of an individual specified in division (G)(1)	16156
of this section, exempt the individual from the consultation	16157
pursuant to rules that may be adopted under division (L) of this	16158
section;	16159

(b) In the case of an applicant for admission to a nursing	16160
facility, provide the consultation after the individual is	16161
admitted to the nursing facility;	16162

(c) In the case of a resident of a nursing facility, provide	16163
the consultation as soon as practicable.	16164

(I) An individual is not required to be provided a long-term	16165
care consultation under division (G)(1) of this section if any of	16166
the following apply:	16167

(1) The department or program administrator has attempted to	16168
provide the consultation, but the individual or the individual's	16169
representative refuses to cooperate;	16170

(2) The individual is to receive care in a nursing facility	16171
under a contract for continuing care as defined in section 173.13	16172
of the Revised Code;	16173

(3) The individual has a contractual right to admission to a	16174
nursing facility operated as part of a system of continuing care	16175
in conjunction with one or more facilities that provide a less	16176
intensive level of services, including a residential care facility	16177
licensed under Chapter 3721. of the Revised Code, a residential	16178
facility licensed under section ~~5119.22~~5119.34 of the Revised	16179
Code that provides accommodations, supervision, and personal care	16180
services for three to sixteen unrelated adults, or an independent	16181
living arrangement;	16182

(4) The individual is to receive continual care in a home for	16183
the aged exempt from taxation under section 5701.13 of the Revised	16184
Code;	16185

(5) The individual is seeking admission to a facility that is	16186
not a nursing facility with a provider agreement under section	16187
~~5111.22~~5165.07, ~~5111.671~~5165.511, or ~~5111.672~~5165.512 of the	16188
Revised Code;	16189

(6) The individual is exempted from the long-term care	16190
consultation requirement by the department or the program	16191
administrator pursuant to rules that may be adopted under division	16192
(L) of this section.	16193

(J) As part of the long-term care consultation program, the	16194
department or program administrator shall assist an individual or	16195
individual's representative in accessing all sources of care and	16196
services that are appropriate for the individual and for which the	16197
individual is eligible, including all available home and	16198
community-based services covered by medicaid components the	16199
department of aging administers. The assistance shall include	16200
providing for the conduct of assessments or other evaluations and	16201
the development of individualized plans of care or services under	16202
section 173.424 of the Revised Code.	16203

(K) No nursing facility for which an operator has a provider	16204
agreement under section ~~5111.22~~5165.07, ~~5111.671~~5165.511, or	16205
~~5111.672~~5165.512 of the Revised Code shall admit any individual	16206
as a resident, unless the nursing facility has received evidence	16207
that a long-term care consultation has been completed for the	16208
individual or division (I) of this section is applicable to the	16209
individual.	16210

(L) The director of aging may adopt any rules the director	16211
considers necessary for the implementation and administration of	16212
this section. The rules shall be adopted in accordance with	16213
Chapter 119. of the Revised Code and may specify any or all of the	16214
following:	16215

(1) Procedures for providing long-term care consultations	16216
pursuant to this section;	16217

(2) Information to be provided through long-term care	16218
consultations regarding long-term care services that are	16219
available;	16220

(3) Criteria and procedures to be used to identify and	16221
recommend appropriate service options for an individual receiving	16222
a long-term care consultation;	16223

(4) Criteria for exempting individuals from the long-term	16224
care consultation requirement;	16225

(5) Circumstances under which it may be appropriate to	16226
provide an individual's long-term care consultation after the	16227
individual's admission to a nursing facility rather than before	16228
admission;	16229

(6) Criteria for identifying nursing facility residents who	16230
would benefit from the provision of a long-term care consultation;	16231

(7) A description of the types of information from a nursing	16232
facility that is needed under the long-term care consultation	16233
program to assist a resident with relocation from the facility;	16234

(8) Standards to prevent conflicts of interest relative to	16235
the referrals made by a person who performs a long-term care	16236
consultation, including standards that prohibit the person from	16237
being employed by a provider of long-term care services;	16238

(9) Procedures for providing notice and an opportunity for a	16239
hearing under division (N) of this section.	16240

(M) To assist the department and each program administrator	16241
with identifying individuals who are likely to benefit from a	16242
long-term care consultation, the department and program	16243
administrator may ask to be given access to nursing facility	16244
resident assessment data collected through the use of the resident	16245
assessment instrument specified in rules ~~adopted under~~authorized	16246
by section ~~5111.02~~5165.191 of the Revised Code for purposes of	16247
the medicaid program. Except when prohibited by state or federal	16248
law, the department of health, department of ~~job and family~~	16249
~~services~~medicaid, or nursing facility holding the data shall	16250
grant access to the data on receipt of the request from the	16251
department of aging or program administrator.	16252

(N)(1) The director of aging, after providing notice and an	16253
opportunity for a hearing, may fine a nursing facility an amount	16254
determined by rules the director shall adopt in accordance with	16255
Chapter 119. of the Revised Code for any of the following reasons:	16256

(a) The nursing facility admits an individual, without	16257
evidence that a long-term care consultation has been provided, as	16258
required by this section;	16259

(b) The nursing facility denies a person attempting to	16260
provide a long-term care consultation access to the facility or a	16261
resident of the facility;	16262

(c) The nursing facility denies the department of aging or	16263
program administrator access to the facility or a resident of the	16264
facility, as the department or administrator considers necessary	16265
to administer the program.	16266

(2) In accordance with section ~~5111.62~~5162.66 of the Revised	16267
Code, all fines collected under division (N)(1) of this section	16268
shall be deposited into the state treasury to the credit of the	16269
residents protection fund.	16270

Sec. 173.43. (A) ~~Subject to section 173.433 of the Revised~~	16271
~~Code, the~~The department of aging shall enter into an interagency	16272
agreement with the department of ~~job and family services~~medicaid	16273
under section ~~5111.91~~5162.35 of the Revised Code under which the	16274
department of aging is required to establish for each biennium a	16275
unified long-term care budget for home and community-based	16276
services covered by medicaid components the department of aging	16277
administers. The interagency agreement shall require the	16278
department of aging to do all of the following:	16279

(1) Administer the unified long-term care budget in	16280
accordance with sections 173.43 to 173.434 of the Revised Code and	16281
the general assembly's appropriations for home and community-based	16282
services covered by medicaid components the department of aging	16283
administers for the applicable biennium;	16284

(2) Contract with each PASSPORT administrative agency for	16285
assistance in the administration of the unified long-term care	16286
budget;	16287

(3) Provide individuals who are eligible for home and	16288
community-based services covered by medicaid components the	16289
department of aging administers a choice of services that meet the	16290
individuals' needs and improve their quality of life;	16291

(4) Provide a continuum of services that meet the life-long	16292
needs of individuals who are eligible for home and community-based	16293
services covered by medicaid components the department of aging	16294
administers.	16295

(B) The director of budget and management shall create new	16296
appropriation items as necessary for establishment of the unified	16297
long-term care budget.	16298

Sec. 173.431. ~~Subject to section 173.433 of the Revised~~	16299
~~Code, the~~The department of aging shall ensure that the unified	16300
long-term care budget established under section 173.43 of the	16301
Revised Code is administered in a manner that provides medicaid	16302
coverage of and expands access to all of the following as	16303
necessary to meet the needs of individuals receiving home and	16304
community-based services covered by medicaid components the	16305
department of aging administers:	16306

(A) To the extent permitted by the medicaid waivers	16307
authorizing department of aging-administered medicaid waiver	16308
components, all of the following medicaid waiver services provided	16309
under department of aging-administered medicaid waiver components:	16310

(1) Personal care services;

16311

(2) Home-delivered meals;

16312

(3) Adult day-care;

16313

(4) Homemaker services;

16314

(5) Emergency response services;

16315

(6) Medical equipment and supplies;

16316

(7) Chore services;

16317

(8) Social work counseling;

16318

(9) Nutritional counseling;

16319

(10) Independent living assistance;

16320

(11) Medical transportation;

16321

(12) Nonmedical transportation;

16322

(13) Home care attendant services;

16323

(14) Assisted living services;

16324

(15) Community transition services;

16325

(16) Enhanced community living services;

16326

(17) All other medicaid waiver services provided under	16327
department of aging-administered medicaid waiver components.	16328

(B) All of the following state medicaid plan services as	16329
specified in rules adopted under section ~~5111.02~~5164.02 of the	16330
Revised Code:	16331

(1) Home health services;

16332

(2) Private duty nursing services;

16333

(3) Durable medical equipment;

16334

(4) Services of a clinical nurse specialist;

16335

(5) Services of a certified nurse practitioner.

16336

16337

Sec. 173.432. ~~Subject to section 173.433 of the Revised Code,~~	16338
~~the~~The department of aging or its designee shall provide care	16339
management and authorization services with regard to the state	16340
plan services specified in division (B) of section 173.431 of the	16341
Revised Code that are provided to participants of department of	16342
aging-administered medicaid waiver components. The department or	16343
its designee shall ensure that no person providing the care	16344
management and authorization services performs an activity that	16345
may not be performed without a valid certificate or license issued	16346
by an agency of this state unless the person holds the valid	16347
certificate or license.	16348

Sec. 173.434. ~~The director of job and family services shall~~	16349
~~adopt~~To the extent authorized by rules ~~under~~authorized by	16350
section ~~5111.85~~5162.021 of the Revised Code ~~to authorize~~, the	16351
director of aging toshall adopt rules that are needed to	16352
implement sections 173.43 to 173.432 of the Revised Code. The	16353
~~director of aging's~~ rules shall be adopted in accordance with	16354
Chapter 119. of the Revised Code.	16355

Sec. 173.45. As used in this section and in sections 173.46	16356
to 173.49 of the Revised Code:	16357

(A) "Residential facility" means a residential facility	16358
licensed under section ~~5119.22~~5119.34 of the Revised Code that	16359
provides accommodations, supervision, and personal care services	16360
for three to sixteen unrelated adults.	16361

(B) "Community-based long-term care services" has the same	16362
meaning as in section 173.14 of the Revised Code.	16363

(C) "Long-term care facility" means a nursing home or	16364
residential care facility.	16365

(D) "Nursing home" and "residential care facility" have the	16366
same meanings as in section 3721.01 of the Revised Code.	16367

(E) "Nursing facility" has the same meaning as in section	16368
~~5111.20~~5165.01 of the Revised Code.	16369

Sec. 173.47. (A) For purposes of publishing the Ohio	16370
long-term care consumer guide, the department of aging shall	16371
conduct or provide for the conduct of an annual customer	16372
satisfaction survey of each long-term care facility. The results	16373
of the surveys may include information obtained from long-term	16374
care facility residents, their families, or both. A survey that is	16375
to include information obtained from nursing facility residents	16376
shall include the questions specified in divisions (C)(7)(a) and	16377
(b) and (18) and (D)(7)(a) and (b) of section ~~5111.244~~5165.25 of	16378
the Revised Code. A survey that is to include information obtained	16379
from the families of nursing facility residents shall include the	16380
questions specified in divisions (C)(8)(a) and (b) and (19) and	16381
(D)(8)(a) and (b) of section ~~5111.244~~5165.25 of the Revised Code.	16382

(B) Each long-term care facility shall cooperate in the	16383
conduct of its annual customer satisfaction survey.	16384

Sec. 173.50. (A) Pursuant to a contract entered into with the	16385
department of ~~job and family services~~medicaid as an interagency	16386
agreement under section ~~5111.91~~5162.35 of the Revised Code, the	16387
department of aging shall carry out the day-to-day administration	16388
of the component of the medicaid program ~~established under Chapter~~	16389
~~5111. of the Revised Code~~ known as the program of all-inclusive	16390
care for the elderly or PACE. The department of aging shall carry	16391
out its PACE administrative duties in accordance with the	16392
provisions of the interagency agreement and all applicable federal	16393
laws, including the "Social Security Act," ~~79 Stat. 286 (1965)~~	16394
section 1934, 42 U.S.C. 1396u-4~~, as amended~~.	16395

(B) ~~The department~~To the extent authorized by rules	16396
authorized by section 5162.021 of the Revised Code, the director	16397
of aging may adopt rules in accordance with Chapter 119. of the	16398
Revised Code regarding the PACE program, including rules	16399
establishing priorities for enrolling in the program pursuant to	16400
section 173.501 of the Revised Code. The ~~department's~~ rules ~~are~~	16401
~~subject to both of the following:~~	16402

~~(1) The rules shall be authorized by rules adopted by the~~	16403
~~department of job and family services.~~	16404

~~(2) The rules~~ shall address only those issues that are not	16405
addressed in rules adopted by the ~~department of job and family~~	16406
~~services~~medicaid director for the PACE program.	16407

Sec. 173.501. (A) As used in this section:

16408

"Nursing facility" has the same meaning as in section ~~5111.20~~	16409
5165.01 of the Revised Code.	16410

"PACE provider" has the same meaning as in the "Social	16411
Security Act," section 1934(a)(3), 42 U.S.C. 1396u-4(a)(3).	16412

(B) The department of aging shall establish a home first	16413
component of the PACE program under which eligible individuals may	16414
be enrolled in the PACE program in accordance with this section.	16415
An individual is eligible for the PACE program's home first	16416
component if both of the following apply:	16417

(1) The individual has been determined to be eligible for the	16418
PACE program.	16419

(2) At least one of the following applies:

16420

(a) The individual has been admitted to a nursing facility.

16421

(b) A physician has determined and documented in writing that	16422
the individual has a medical condition that, unless the individual	16423
is enrolled in home and community-based services such as the PACE	16424
program, will require the individual to be admitted to a nursing	16425
facility within thirty days of the physician's determination.	16426

(c) The individual has been hospitalized and a physician has	16427
determined and documented in writing that, unless the individual	16428
is enrolled in home and community-based services such as the PACE	16429
program, the individual is to be transported directly from the	16430
hospital to a nursing facility and admitted.	16431

(d) Both of the following apply:

16432

(i) The individual is the subject of a report made under	16433
section 5101.61 of the Revised Code regarding abuse, neglect, or	16434
exploitation or such a report referred to a county department of	16435
job and family services under section 5126.31 of the Revised Code	16436
or has made a request to a county department for protective	16437
services as defined in section 5101.60 of the Revised Code.	16438

(ii) A county department of job and family services and an	16439
area agency on aging have jointly documented in writing that,	16440
unless the individual is enrolled in home and community-based	16441
services such as the PACE program, the individual should be	16442
admitted to a nursing facility.	16443

(C) Each month, the department of aging shall identify	16444
individuals who are eligible for the home first component of the	16445
PACE program. When the department identifies such an individual,	16446
the department shall notify the PACE provider serving the area in	16447
which the individual resides. The PACE provider shall determine	16448
whether the PACE program is appropriate for the individual and	16449
whether the individual would rather participate in the PACE	16450
program than continue or begin to reside in a nursing facility. If	16451
the PACE provider determines that the PACE program is appropriate	16452
for the individual and the individual would rather participate in	16453
the PACE program than continue or begin to reside in a nursing	16454
facility, the PACE provider shall so notify the department of	16455
aging. On receipt of the notice from the PACE provider, the	16456
department of aging shall approve the individual's enrollment in	16457
the PACE program in accordance with priorities established in	16458
rules adopted under section 173.50 of the Revised Code.	16459

Sec. 173.51. As used in sections 173.51 to 173.56 of the	16460
Revised Code:	16461

"Area agency on aging" has the same meaning as in section	16462
173.14 of the Revised Code.	16463

"Assisted living program" means the program that consists of	16464
a medicaid-funded component created under section 173.54 of the	16465
Revised Code and a state-funded component created under section	16466
173.543 of the Revised Code and provides assisted living services	16467
to individuals who meet the program's applicable eligibility	16468
requirements.	16469

"Assisted living services" means the following home and	16470
community-based services: personal care, homemaker, chore,	16471
attendant care, companion, medication oversight, and therapeutic	16472
social and recreational programming.	16473

"Assisted living waiver" means the federal medicaid waiver	16474
granted by the United States secretary of health and human	16475
services that authorizes the medicaid-funded component of the	16476
assisted living program.	16477

"Choices program" means the program created under section	16478
173.53 of the Revised Code.	16479

"County or district home" means a county or district home	16480
operated under Chapter 5155. of the Revised Code.	16481

"Long-term care consultation program" means the program the	16482
department of aging is required to develop under section 173.42 of	16483
the Revised Code.	16484

"Long-term care consultation program administrator" or	16485
"administrator" means the department of aging or, if the	16486
department contracts with an area agency on aging or other entity	16487
to administer the long-term care consultation program for a	16488
particular area, that agency or entity.	16489

"Medicaid waiver component" has the same meaning as in	16490
section 5166.01 of the Revised Code.	16491

"Nursing facility" has the same meaning as in section 5165.01	16492
of the Revised Code.	16493

"PASSPORT program" means the preadmission screening system	16494
providing options and resources today program (PASSPORT) that	16495
consists of a medicaid-funded component created under section	16496
173.52 of the Revised Code and a state-funded component created	16497
under section 173.522 of the Revised Code and provides home and	16498
community-based services as an alternative to nursing facility	16499
placement for individuals who are aged and disabled and meet the	16500
program's applicable eligibility requirements.	16501

"PASSPORT waiver" means the federal medicaid waiver granted	16502
by the United States secretary of health and human services that	16503
authorizes the medicaid-funded component of the PASSPORT program.	16504

"Representative" means a person acting on behalf of an	16505
applicant for the medicaid-funded component or state-funded	16506
component of the assisted living program. A representative may be	16507
a family member, attorney, hospital social worker, or any other	16508
person chosen to act on behalf of an applicant.	16509

"Residential care facility" has the same meaning as in	16510
section 3721.01 of the Revised Code.	16511

"Unified long-term services and support medicaid waiver	16512
component" means the medicaid waiver component authorized by	16513
section 5166.14 of the Revised Code.	16514

~~Sec. 173.40.~~ Sec. 173.52. (A) ~~As used in sections 173.40 to~~	16515
~~173.402 of the Revised Code:~~	16516

~~"Medicaid waiver component" has the same meaning as in~~	16517
~~section 5111.85 of the Revised Code.~~	16518

~~"PASSPORT program" means the program created under this~~	16519
~~section.~~	16520

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	16521
~~by the United States secretary of health and human services that~~	16522
~~authorizes the medicaid-funded component of the PASSPORT program.~~	16523

~~"Unified long-term services and support medicaid waiver~~	16524
~~component" means the medicaid waiver component authorized by~~	16525
~~section 5111.864 of the Revised Code.~~	16526

~~(B) There is hereby created~~The department of medicaid shall	16527
create the medicaid-funded component of the ~~preadmission screening~~	16528
~~system providing options and resources today program, or~~ PASSPORT	16529
program. ~~The PASSPORT program shall provide home and~~	16530
~~community-based services as an alternative to nursing facility~~	16531
~~placement for individuals who are aged and disabled and meet the~~	16532
~~program's applicable eligibility requirements. Subject to division~~	16533
~~(C) of this section, the program shall have a medicaid-funded~~	16534
~~component and a state-funded component.~~In creating the	16535
medicaid-funded component, the department of medicaid shall	16536
collaborate with the department of aging.	16537

~~(C)(1)~~(B) Unless the medicaid-funded component of the	16538
PASSPORT program is terminated under division (C)~~(2)~~ of this	16539
section, all of the following apply:	16540

~~(a)~~(1) The department of aging shall administer the	16541
medicaid-funded component through a contract entered into with the	16542
department of ~~job and family services~~medicaid under section	16543
~~5111.91~~5162.35 of the Revised Code.	16544

~~(b)~~(2) The medicaid-funded component shall be operated as a	16545
separate medicaid waiver component.	16546

~~(c)~~(3) For an individual to be eligible for the	16547
medicaid-funded component, the individual must be a medicaid	16548
recipient and meet the additional eligibility requirements	16549
applicable to the individual established in rules adopted under	16550
division ~~(C)(1)(d)~~(B)(4) of this section.	16551

~~(d) The director of job and family services shall adopt~~(4)	16552
To the extent authorized by rules ~~under~~authorization by section	16553
~~5111.85~~5162.021 of the Revised Code ~~and~~, the director of aging	16554
shall adopt rules in accordance with Chapter 119. of the Revised	16555
Code to implement the medicaid-funded component.	16556

~~(2)~~(C) If the unified long-term services and support medicaid	16557
waiver component is created, the departments of aging and ~~job and~~	16558
~~family services~~medicaid shall work together to determine whether	16559
the medicaid-funded component of the PASSPORT program should	16560
continue to operate as a separate medicaid waiver component or be	16561
terminated. If the departments determine that the medicaid-funded	16562
component of the PASSPORT program should be terminated, the	16563
medicaid-funded component shall cease to exist on a date the	16564
departments shall specify.	16565

~~(D)(1) The department of aging shall administer the~~	16566
~~state-funded component of the PASSPORT program. The state-funded~~	16567
~~component shall not be administered as part of the medicaid~~	16568
~~program.~~	16569

~~(2) For an individual to be eligible for the state-funded~~	16570
~~component, the individual must meet one of the following~~	16571
~~requirements and meet the additional eligibility requirements~~	16572
~~applicable to the individual established in rules adopted under~~	16573
~~division (D)(4) of this section:~~	16574

~~(a) The individual must have been enrolled in the~~	16575
~~state-funded component on September 1, 1991, (as the state-funded~~	16576
~~component was authorized by uncodified law in effect at that time)~~	16577
~~and have had one or more applications for enrollment in the~~	16578
~~medicaid-funded component (or, if the medicaid-funded component is~~	16579
~~terminated under division (C)(2) of this section, the unified~~	16580
~~long-term services and support medicaid waiver component) denied.~~	16581

~~(b) The individual must have had the individual's enrollment~~	16582
~~in the medicaid-funded component (or, if the medicaid-funded~~	16583
~~component is terminated under division (C)(2) of this section, the~~	16584
~~unified long-term services and support medicaid waiver component)~~	16585
~~terminated and the individual must still need the home and~~	16586
~~community-based services provided under the PASSPORT program to~~	16587
~~protect the individual's health and safety.~~	16588

~~(c) The individual must have an application for the~~	16589
~~medicaid-funded component (or, if the medicaid-funded component is~~	16590
~~terminated under division (C)(2) of this section, the unified~~	16591
~~long-term services and support medicaid waiver component) pending~~	16592
~~and the department or the department's designee must have~~	16593
~~determined that the individual meets the nonfinancial eligibility~~	16594
~~requirements of the medicaid-funded component (or, if the~~	16595
~~medicaid-funded component is terminated under division (C)(2) of~~	16596
~~this section, the unified long-term services and support medicaid~~	16597
~~waiver component) and not have reason to doubt that the individual~~	16598
~~meets the financial eligibility requirements of the~~	16599
~~medicaid-funded component (or, if the medicaid-funded component is~~	16600
~~terminated under division (C)(2) of this section, the unified~~	16601
~~long-term services and support medicaid waiver component).~~	16602

~~(3) An individual who is eligible for the state-funded~~	16603
~~component because the individual meets the requirement of division~~	16604
~~(D)(2)(c) of this section may participate in the component on that~~	16605
~~basis for not more than ninety days.~~	16606

~~(4) The director of aging shall adopt rules in accordance~~	16607
~~with section 111.15 of the Revised Code to implement the~~	16608
~~state-funded component. The additional eligibility requirements~~	16609
~~established in the rules may vary for the different groups of~~	16610
~~individuals specified in divisions (D)(2)(a), (b), and (c) of this~~	16611
~~section.~~	16612

~~Sec. 173.401.~~ Sec. 173.521. (A) ~~As used in this section:~~

16613

~~"Area agency on aging" has the same meaning as in section~~	16614
~~173.14 of the Revised Code.~~	16615

~~"Long-term care consultation program" means the program the~~	16616
~~department of aging is required to develop under section 173.42 of~~	16617
~~the Revised Code.~~	16618

~~"Long-term care consultation program administrator" or~~	16619
~~"administrator" means the department of aging or, if the~~	16620
~~department contracts with an area agency on aging or other entity~~	16621
~~to administer the long-term care consultation program for a~~	16622
~~particular area, that agency or entity.~~	16623

~~"Nursing facility" has the same meaning as in section 5111.20~~	16624
~~of the Revised Code.~~	16625

~~(B) Subject~~Unless the medicaid-funded component of the	16626
PASSPORT program is terminated pursuant to division (C)~~(2)~~ of	16627
section ~~173.40~~173.52 of the Revised Code, the department shall	16628
establish a home first component of the PASSPORT program under	16629
which eligible individuals may be enrolled in the medicaid-funded	16630
component of the PASSPORT program in accordance with this section.	16631
An individual is eligible for the PASSPORT program's home first	16632
component if both of the following apply:	16633

(1) The individual has been determined to be eligible for the	16634
medicaid-funded component of the PASSPORT program.	16635

(2) At least one of the following applies:

16636

(a) The individual has been admitted to a nursing facility.

16637

(b) A physician has determined and documented in writing that	16638
the individual has a medical condition that, unless the individual	16639
is enrolled in home and community-based services such as the	16640
PASSPORT program, will require the individual to be admitted to a	16641
nursing facility within thirty days of the physician's	16642
determination.	16643

(c) The individual has been hospitalized and a physician has	16644
determined and documented in writing that, unless the individual	16645
is enrolled in home and community-based services such as the	16646
PASSPORT program, the individual is to be transported directly	16647
from the hospital to a nursing facility and admitted.	16648

(d) Both of the following apply:

16649

(i) The individual is the subject of a report made under	16650
section 5101.61 of the Revised Code regarding abuse, neglect, or	16651
exploitation or such a report referred to a county department of	16652
job and family services under section 5126.31 of the Revised Code	16653
or has made a request to a county department for protective	16654
services as defined in section 5101.60 of the Revised Code.	16655

(ii) A county department of job and family services and an	16656
area agency on aging have jointly documented in writing that,	16657
unless the individual is enrolled in home and community-based	16658
services such as the PASSPORT program, the individual should be	16659
admitted to a nursing facility.	16660

~~(C)~~(B) Each month, each area agency on aging shall identify	16661
individuals residing in the area that the agency serves who are	16662
eligible for the home first component of the PASSPORT program.	16663
When an area agency on aging identifies such an individual, the	16664
agency shall notify the long-term care consultation program	16665
administrator serving the area in which the individual resides.	16666
The administrator shall determine whether the PASSPORT program is	16667
appropriate for the individual and whether the individual would	16668
rather participate in the PASSPORT program than continue or begin	16669
to reside in a nursing facility. If the administrator determines	16670
that the PASSPORT program is appropriate for the individual and	16671
the individual would rather participate in the PASSPORT program	16672
than continue or begin to reside in a nursing facility, the	16673
administrator shall so notify the department of aging. On receipt	16674
of the notice from the administrator, the department shall approve	16675
the individual's enrollment in the medicaid-funded component of	16676
the PASSPORT program regardless of the unified waiting list	16677
established under section ~~173.404~~173.55 of the Revised Code,	16678
unless the enrollment would cause the component to exceed any	16679
limit on the number of individuals who may be enrolled in the	16680
component as set by the United States secretary of health and	16681
human services in the PASSPORT waiver.	16682

Sec. 173.522. (A) The department of aging shall create and	16683
administer the state-funded component of the PASSPORT program. The	16684
state-funded component shall not be administered as part of the	16685
medicaid program.	16686

(B) For an individual to be eligible for the state-funded	16687
component of the PASSPORT program, the individual must meet one of	16688
the following requirements and meet the additional eligibility	16689
requirements applicable to the individual established in rules	16690
adopted under division (D) of this section:	16691

(1) The individual must have been enrolled in the	16692
state-funded component on September 1, 1991, (as the state-funded	16693
component was authorized by uncodified law in effect at that time)	16694
and have had one or more applications for enrollment in the	16695
medicaid-funded component of the PASSPORT program (or, if the	16696
medicaid-funded component is terminated under division (C) of	16697
section 173.52 of the Revised Code, the unified long-term services	16698
and support medicaid waiver component) denied.	16699

(2) The individual must have had the individual's enrollment	16700
in the medicaid-funded component of the PASSPORT program (or, if	16701
the medicaid-funded component is terminated under division (C) of	16702
section 173.52 of the Revised Code, the unified long-term services	16703
and support medicaid waiver component) terminated and the	16704
individual must still need the home and community-based services	16705
provided under the PASSPORT program to protect the individual's	16706
health and safety.	16707

(3) The individual must have an application for the	16708
medicaid-funded component of the PASSPORT program (or, if the	16709
medicaid-funded component is terminated under division (C) of	16710
section 173.52 of the Revised Code, the unified long-term services	16711
and support medicaid waiver component) pending and the department	16712
or the department's designee must have determined that the	16713
individual meets the nonfinancial eligibility requirements of the	16714
medicaid-funded component (or, if the medicaid-funded component is	16715
terminated under division (C) of section 173.52 of the Revised	16716
Code, the unified long-term services and support medicaid waiver	16717
component) and not have reason to doubt that the individual meets	16718
the financial eligibility requirements of the medicaid-funded	16719
component (or, if the medicaid-funded component is terminated	16720
under division (C) of section 173.52 of the Revised Code, the	16721
unified long-term services and support medicaid waiver component).	16722

(C) An individual who is eligible for the state-funded	16723
component of the PASSPORT program because the individual meets the	16724
requirement of division (B)(3) of this section may participate in	16725
the component on that basis for not more than ninety days.	16726

(D) The director of aging shall adopt rules in accordance	16727
with section 111.15 of the Revised Code to implement the	16728
state-funded component of the PASSPORT program. The additional	16729
eligibility requirements established in the rules may vary for the	16730
different groups of individuals specified in divisions (B)(1),	16731
(2), and (3) of this section.	16732

Sec. 173.523. (A) An individual who is an applicant for or	16733
participant or former participant in the state-funded component of	16734
the PASSPORT program may appeal an adverse action taken or	16735
proposed to be taken by the department of aging or an entity	16736
designated by the department concerning participation in or	16737
services provided under the component if the action will result in	16738
any of the following:	16739

(1) Denial of enrollment or continued enrollment in the	16740
component;	16741

(2) Denial of or reduction in the amount of services	16742
requested by or offered to the individual under the component;	16743

(3) Assessment of any patient liability payment pursuant to	16744
rules adopted by the department under this section.	16745

The appeal shall be made in accordance with section 173.56 of	16746
the Revised Code and rules adopted pursuant to that section.	16747

(B) An individual who is an applicant for or participant or	16748
former participant in the state-funded component of the PASSPORT	16749
program may not bring an appeal under this or any other section of	16750
the Revised Code if any of the following is the case:	16751

(1) The individual has voluntarily withdrawn the application	16752
for enrollment in the component;	16753

(2) The individual has voluntarily terminated enrollment in	16754
the component;	16755

(3) The individual agrees with the action being taken or	16756
proposed;	16757

(4) The individual fails to submit a written request for a	16758
hearing to the director of aging within the time specified in the	16759
rules adopted pursuant to section 173.56 of the Revised Code;	16760

(5) The individual has received services under the component	16761
for the maximum time permitted by this section.	16762

~~Sec. 173.402.~~ Sec. 173.524. An individual enrolled in the PASSPORT	16763
program may request that home-delivered meals provided to the	16764
individual under the PASSPORT program be kosher. If such a request	16765
is made, the department of aging or the department's designee	16766
shall ensure that each home-delivered meal provided to the	16767
individual under the PASSPORT program is kosher. In complying with	16768
this requirement, the department or department's designee shall	16769
require each entity that provides home-delivered meals to the	16770
individual to provide the individual with meals that meet, as much	16771
as possible, the requirements established in rules adopted under	16772
~~section 173.40~~sections 173.52 and 173.522 of the Revised Code	16773
governing the home-delivered meal service while complying with	16774
kosher practices for meal preparation and dietary restrictions.	16775

An entity that provides a kosher home-delivered meal to a	16776
PASSPORT program enrollee pursuant to this section shall be	16777
reimbursed for the meal at a rate equal to the rate for	16778
home-delivered meals furnished to PASSPORT program enrollees	16779
requiring a therapeutic diet.	16780

~~Sec. 173.403.~~ Sec. 173.53. (A) ~~As used in this section:~~

16781

~~"Choices program" means the program created under this~~	16782
~~section.~~	16783

~~"Medicaid waiver component" has the same meaning as in~~	16784
~~section 5111.85 of the Revised Code.~~	16785

~~"Unified long-term services and support medicaid waiver~~	16786
~~component" means the medicaid waiver component authorized by~~	16787
~~section 5111.864 of the Revised Code.~~	16788

~~(B) Subject to division (C) of this section, there is hereby~~	16789
~~created~~The department of medicaid shall create the choices	16790
program. In creating the choices program, the department of	16791
medicaid shall collaborate with the department of aging. Subject	16792
to division (B) of this section:	16793

(1) The choices program shall provide home and	16794
community-based services~~. The~~;	16795

(2) The department of aging shall administer the choices	16796
program through a contract entered into with the department of	16797
~~job and family services~~medicaid under section ~~5111.91~~5162.35 of	16798
the Revised Code~~. Subject to federal approval, the~~;	16799

(3) The choices program shall be available statewide.

16800

~~(C)~~(B) If the unified long-term services and support medicaid	16801
waiver component is created, the departments of aging and ~~job and~~	16802
~~family services~~medicaid shall ~~work together~~collaborate to	16803
determine whether the choices program should continue to operate	16804
as a separate medicaid waiver component or be terminated. If the	16805
departments determine that the choices program should be	16806
terminated, the program shall cease to exist on a date the	16807
departments shall specify.	16808

(C) If the choices program is terminated pursuant to division	16809
(B) of this section or for another reason, not sooner than six	16810
months before the date on which the program ceases to exist, the	16811
director of aging may do both of the following:	16812

(1) Suspend new enrollments in the choices program;

16813

(2) Transfer participants of the choices program to the	16814
following:	16815

(a) Except as provided in division (C)(2)(b) of this section,	16816
the medicaid-funded component of the PASSPORT program created	16817
under section 173.52 of the Revised Code;	16818

(b) If the medicaid-funded component of the PASSPORT program	16819
is terminated pursuant to division (C) of section 173.52 of the	16820
Revised Code, the unified long-term services and support medicaid	16821
waiver component.	16822

~~Sec. 5111.89.~~ Sec. 173.54. (A) ~~As used in sections 5111.89 to~~	16823
~~5111.894 of the Revised Code:~~	16824

~~"Area agency on aging" has the same meaning as in section~~	16825
~~173.14 of the Revised Code.~~	16826

~~"Assisted living program" means the program created under~~	16827
~~this section.~~	16828

~~"Assisted living services" means the following home and~~	16829
~~community-based services: personal care, homemaker, chore,~~	16830
~~attendant care, companion, medication oversight, and therapeutic~~	16831
~~social and recreational programming.~~	16832

~~"Assisted living waiver" means the federal medicaid waiver~~	16833
~~granted by the United States secretary of health and human~~	16834
~~services that authorizes the medicaid-funded component of the~~	16835
~~assisted living program.~~	16836

~~"County or district home" means a county or district home~~	16837
~~operated under Chapter 5155. of the Revised Code.~~	16838

~~"Long-term care consultation program" means the program the~~	16839
~~department of aging is required to develop under section 173.42 of~~	16840
~~the Revised Code.~~	16841

~~"Long-term care consultation program administrator" or~~	16842
~~"administrator" means the department of aging or, if the~~	16843
~~department contracts with an area agency on aging or other entity~~	16844
~~to administer the long-term care consultation program for a~~	16845
~~particular area, that agency or entity.~~	16846

~~"Medicaid waiver component" has the same meaning as in~~	16847
~~section 5111.85 of the Revised Code.~~	16848

~~"Nursing facility" has the same meaning as in section 5111.20~~	16849
~~of the Revised Code.~~	16850

~~"Residential care facility" has the same meaning as in~~	16851
~~section 3721.01 of the Revised Code.~~	16852

~~"Unified long-term services and support medicaid waiver~~	16853
~~component" means the medicaid waiver component authorized by~~	16854
~~section 5111.864 of the Revised Code.~~	16855

~~(B) There is hereby created~~The department of medicaid shall	16856
create the medicaid-funded component of the assisted living	16857
program. ~~The program shall provide assisted living services to~~	16858
~~individuals who meet the program's applicable eligibility~~	16859
~~requirements. Subject to division (C) of this section, the program~~	16860
~~shall have a medicaid-funded component and a state-funded~~	16861
~~component~~In creating the medicaid-funded component, the	16862
department of medicaid shall collaborate with the department of	16863
aging.	16864

~~(C)(1)~~(B) Unless the medicaid-funded component of the	16865
assisted living program is terminated under division (C)~~(2)~~ of	16866
this section, all of the following apply:	16867

~~(a)~~(1) The department of aging shall administer the	16868
medicaid-funded component through a contract entered into with the	16869
department of ~~job and family services~~medicaid under section	16870
~~5111.91~~5162.35 of the Revised Code.	16871

~~(b)~~(2) The contract shall include an estimate of the	16872
medicaid-funded component's costs.	16873

~~(c)~~(3) The medicaid-funded component shall be operated as a	16874
separate medicaid waiver component.	16875

~~(d)~~(4) The medicaid-funded component may not serve more	16876
individuals than is set by the United States secretary of health	16877
and human services in the assisted living waiver.	16878

~~(e) The director of job and family services may adopt rules~~	16879
~~under section 5111.85 of the Revised Code regarding the~~	16880
~~medicaid-funded component.~~	16881

~~(f) The~~(5) To the extent authorized by rules authorized by	16882
section 5162.021 of the Revised Code, the director of aging may	16883
adopt rules under Chapter 119. of the Revised Code regarding the	16884
medicaid-funded component ~~that the rules adopted by the director~~	16885
~~of job and family services under division (C)(1)(e) of this~~	16886
~~section authorize the director of aging to adopt~~.	16887

~~(2)~~(C) If the unified long-term services and support medicaid	16888
waiver component is created, the departments of aging and ~~job and~~	16889
~~family services~~medicaid shall ~~work together~~collaborate to	16890
determine whether the medicaid-funded component of the assisted	16891
living program should continue to operate as a separate medicaid	16892
waiver component or be terminated. If the departments determine	16893
that the medicaid-funded component of the assisted living program	16894
should be terminated, the medicaid-funded component shall cease to	16895
exist on a date the departments shall specify.	16896

~~(D) The department of aging shall administer the state-funded~~	16897
~~component of the assisted living program. The state-funded~~	16898
~~component shall not be administered as part of the medicaid~~	16899
~~program.~~	16900

~~An individual who is eligible for the state-funded component~~	16901
~~may participate in the component for not more than ninety days.~~	16902

~~The director of aging shall adopt rules in accordance with~~	16903
~~section 111.15 of the Revised Code to implement the state-funded~~	16904
~~component.~~	16905

~~Sec. 5111.891.~~ Sec. 173.541. To be eligible for the	16906
medicaid-funded component of the assisted living program, an	16907
individual must meet all of the following requirements:	16908

(A) Need an intermediate level of care as determined ~~under~~	16909
~~rule 5101:3-3-06~~by an assessment conducted under section 173.546	16910
of the ~~Administrative~~Revised Code;	16911

(B) While receiving assisted living services under the	16912
medicaid-funded component, reside in a residential care facility	16913
that is authorized by a valid medicaid provider agreement to	16914
participate in the component, including both of the following:	16915

(1) A residential care facility that is owned or operated by	16916
a metropolitan housing authority that has a contract with the	16917
United States department of housing and urban development to	16918
receive an operating subsidy or rental assistance for the	16919
residents of the facility;	16920

(2) A county or district home licensed as a residential care	16921
facility.	16922

(C) Meet all other eligibility requirements for the	16923
medicaid-funded component established in rules adopted ~~pursuant to~~	16924
~~division (C) of~~under section ~~5111.89~~173.54 of the Revised Code.	16925

~~Sec. 5111.894.~~ Sec. 173.542. (A) ~~Subject~~Unless the	16926
medicaid-funded component of the assisted living program is	16927
terminated pursuant to division (C)~~(2)~~ of section ~~5111.89~~173.54	16928
of the Revised Code, the department of aging shall establish a	16929
home first component of the assisted living program under which	16930
eligible individuals may be enrolled in the medicaid-funded	16931
component of the assisted living program in accordance with this	16932
section. An individual is eligible for the assisted living	16933
program's home first component if both of the following apply:	16934

(1) The individual has been determined to be eligible for the	16935
medicaid-funded component of the assisted living program.	16936

(2) At least one of the following applies:

16937

(a) The individual has been admitted to a nursing facility.

16938

(b) A physician has determined and documented in writing that	16939
the individual has a medical condition that, unless the individual	16940
is enrolled in home and community-based services such as the	16941
assisted living program, will require the individual to be	16942
admitted to a nursing facility within thirty days of the	16943
physician's determination.	16944

(c) The individual has been hospitalized and a physician has	16945
determined and documented in writing that, unless the individual	16946
is enrolled in home and community-based services such as the	16947
assisted living program, the individual is to be transported	16948
directly from the hospital to a nursing facility and admitted.	16949

(d) Both of the following apply:

16950

(i) The individual is the subject of a report made under	16951
section 5101.61 of the Revised Code regarding abuse, neglect, or	16952
exploitation or such a report referred to a county department of	16953
job and family services under section 5126.31 of the Revised Code	16954
or has made a request to a county department for protective	16955
services as defined in section 5101.60 of the Revised Code.	16956

(ii) A county department of job and family services and an	16957
area agency on aging have jointly documented in writing that,	16958
unless the individual is enrolled in home and community-based	16959
services such as the assisted living program, the individual	16960
should be admitted to a nursing facility.	16961

(B) Each month, each area agency on aging shall identify	16962
individuals residing in the area that the area agency on aging	16963
serves who are eligible for the home first component of the	16964
assisted living program. When an area agency on aging identifies	16965
such an individual and determines that there is a vacancy in a	16966
residential care facility participating in the medicaid-funded	16967
component of the assisted living program that is acceptable to the	16968
individual, the agency shall notify the long-term care	16969
consultation program administrator serving the area in which the	16970
individual resides. The administrator shall determine whether the	16971
assisted living program is appropriate for the individual and	16972
whether the individual would rather participate in the assisted	16973
living program than continue or begin to reside in a nursing	16974
facility. If the administrator determines that the assisted living	16975
program is appropriate for the individual and the individual would	16976
rather participate in the assisted living program than continue or	16977
begin to reside in a nursing facility, the administrator shall so	16978
notify the department of aging. On receipt of the notice from the	16979
administrator, the department shall approve the individual's	16980
enrollment in the medicaid-funded component of the assisted living	16981
program regardless of the unified waiting list established under	16982
section ~~173.404~~173.55 of the Revised Code, unless the enrollment	16983
would cause the component to exceed any limit on the number of	16984
individuals who may participate in the component as set by the	16985
United States secretary of health and human services in the	16986
assisted living waiver.	16987

Sec. 173.543. The department of aging shall create and	16988
administer the state-funded component of the assisted living	16989
program. The state-funded component shall not be administered as	16990
part of the medicaid program.	16991

An individual who is eligible for the state-funded component	16992
may participate in the component for not more than ninety days.	16993

The director of aging shall adopt rules in accordance with	16994
section 111.15 of the Revised Code to implement the state-funded	16995
component.	16996

~~Sec. 5111.892.~~ Sec. 173.544. To be eligible for the state-funded	16997
component of the assisted living program, an individual must meet	16998
all of the following requirements:	16999

(A) The individual must need an intermediate level of care as	17000
determined ~~under rule 5101:3-3-06~~by an assessment conducted under	17001
section 173.546 of the ~~Administrative~~Revised Code;.	17002

(B) The individual must have an application for the	17003
medicaid-funded component of the assisted living program (or, if	17004
the medicaid-funded component is terminated under division (C)~~(2)~~	17005
of section ~~5111.89~~173.54 of the Revised Code, the unified	17006
long-term services and support medicaid waiver component) pending	17007
and the department or the department's designee must have	17008
determined that the individual meets the nonfinancial eligibility	17009
requirements of the medicaid-funded component (or, if the	17010
medicaid-funded component is terminated under division (C)~~(2)~~ of	17011
section ~~5111.89~~173.54 of the Revised Code, the unified long-term	17012
services and support medicaid waiver component) and not have	17013
reason to doubt that the individual meets the financial	17014
eligibility requirements of the medicaid-funded component (or, if	17015
the medicaid-funded component is terminated under division (C)~~(2)~~	17016
of section ~~5111.89~~173.54 of the Revised Code, the unified	17017
long-term services and support medicaid waiver component).	17018

(C) While receiving assisted living services under the	17019
state-funded component, the individual must reside in a	17020
residential care facility that is authorized by a valid provider	17021
agreement to participate in the component, including both of the	17022
following:	17023

(1) A residential care facility that is owned or operated by	17024
a metropolitan housing authority that has a contract with the	17025
United States department of housing and urban development to	17026
receive an operating subsidy or rental assistance for the	17027
residents of the facility;	17028

(2) A county or district home licensed as a residential care	17029
facility.	17030

(D) The individual must meet all other eligibility	17031
requirements for the state-funded component established in rules	17032
adopted under ~~division (D) of~~ section ~~5111.89~~173.54 of the	17033
Revised Code.	17034

Sec. 173.545. (A) An individual who is an applicant for or	17035
participant or former participant in the state-funded component of	17036
the assisted living program may appeal an adverse action taken or	17037
proposed to be taken by the department of aging or an entity	17038
designated by the department concerning participation in or	17039
services provided under the component if the action will result in	17040
any of the following:	17041

(1) Denial of enrollment or continued enrollment in the	17042
component;	17043

(2) Denial of or reduction in the amount of services	17044
requested by or offered to the individual under the component;	17045

(3) Assessment of any patient liability payment pursuant to	17046
rules adopted by the department under this section.	17047

The appeal shall be made in accordance with section 173.56 of	17048
the Revised Code and rules adopted pursuant to that section.	17049

(B) An individual who is an applicant for or participant or	17050
former participant in the state-funded component of the assisted	17051
living program may not bring an appeal under this or any other	17052
section of the Revised Code if any of the following is the case:	17053

(1) The individual has voluntarily withdrawn the application	17054
for enrollment in the component;	17055

(2) The individual has voluntarily terminated enrollment in	17056
the component;	17057

(3) The individual agrees with the action being taken or	17058
proposed;	17059

(4) The individual fails to submit a written request for a	17060
hearing to the director of aging within the time specified in the	17061
rules adopted pursuant to section 173.56 of the Revised Code;	17062

(5) The individual has received services under the component	17063
for the maximum time permitted by this section.	17064

Sec. 173.546. (A) Each applicant for the assisted living	17065
program shall undergo an assessment to determine whether the	17066
applicant needs an intermediate level of care. The department of	17067
medicaid or an agency under contract pursuant to division (C) of	17068
this section shall conduct the assessment. The assessment may be	17069
performed concurrently with a long-term care consultation provided	17070
under section 173.42 of the Revised Code.	17071

(B) An applicant or applicant's representative has the right	17072
to appeal an assessment's findings. Section 5160.31 of the Revised	17073
Code applies to appeals regarding the medicaid-funded component of	17074
the assisted living program. The department or an agency under	17075
contract to conduct the assessment shall provide written notice of	17076
this right to the applicant or applicant's representative and the	17077
residential care facility in which the applicant intends to reside	17078
if enrolled in the assisted living program. The notice shall	17079
include an explanation of the appeal procedures. The department or	17080
agency under contract to conduct the assessment shall represent	17081
the state in any appeal of an assessment's findings.	17082

(C) The department may contract with one or more agencies to	17083
perform assessments under this section. A contract shall specify	17084
the agency's responsibilities regarding the assessments.	17085

~~Sec. 5111.893.~~ Sec. 173.547. A residential care facility providing	17086
services covered by the assisted living program to an individual	17087
enrolled in the program shall have staff on-site twenty-four hours	17088
each day who are able to do all of the following:	17089

(A) Meet the scheduled and unpredicted needs of the	17090
individuals enrolled in the assisted living program in a manner	17091
that promotes the individuals' dignity and independence;	17092

(B) Provide supervision services for those individuals;

17093

17094

~~Sec. 173.404.~~ Sec. 173.55. (A) As used in this section:

17095

(1) "Department of aging-administered medicaid waiver	17096
component" means each of the following:	17097

(a) The medicaid-funded component of the PASSPORT program	17098
~~created under section 173.40 of the Revised Code~~;	17099

(b) The choices program ~~created under section 173.403 of the~~	17100
~~Revised Code~~;	17101

(c) The medicaid-funded component of the assisted living	17102
program ~~created under section 5111.89 of the Revised Code~~.	17103

(2) "PACE program" means the component of the medicaid	17104
program the department of aging administers pursuant to section	17105
173.50 of the Revised Code.	17106

(B) If the department of aging determines that there are	17107
insufficient funds to enroll all individuals who have applied and	17108
been determined eligible for department of aging-administered	17109
medicaid waiver components and the PACE program, the department	17110
shall establish a unified waiting list for the components and	17111
program. Only individuals eligible for a department of	17112
aging-administered medicaid waiver component or the PACE program	17113
may be placed on the unified waiting list. An individual who may	17114
be enrolled in a department of aging-administered medicaid waiver	17115
component or the PACE program through a home first component	17116
established under section ~~173.401,~~ 173.501, 173.521 or ~~5111.894~~	17117
173.542 of the Revised Code may be so enrolled without being	17118
placed on the unified waiting list.	17119

Sec. 173.56. (A) The department of aging shall adopt rules	17120
in accordance with section 111.15 of the Revised Code governing	17121
appeals brought under section 173.523 or 173.545 of the Revised	17122
Code. The rules shall require notice and the opportunity for a	17123
hearing. The rules may allow an appeal hearing to be conducted by	17124
telephone and permit the department to record hearings conducted	17125
by telephone. Chapter 119. of the Revised Code applies to a	17126
hearing under section 173.523 or 173.545 of the Revised Code only	17127
to the extent provided in rules the department adopts under this	17128
section.	17129

(B) An appeal shall be commenced by submission of a written	17130
request for a hearing to the director of aging within the time	17131
specified in the rules adopted under this section. The hearing may	17132
be recorded, but neither the recording nor a transcript of the	17133
recording is part of the official record of the proceeding. The	17134
director shall notify the individual bringing the appeal of the	17135
director's decision and of the procedure for appealing the	17136
decision.	17137

(C) The director's decision may be appealed to a court of	17138
common pleas pursuant to section 119.12 of the Revised Code. The	17139
appeal shall be governed by that section except as follows:	17140

(1) The appeal shall be in the court of common pleas of the	17141
county in which the individual who brings the appeal resides or,	17142
if the individual does not reside in this state, to the Franklin	17143
county court of common pleas.	17144

(2) The notice of appeal must be mailed to the department and	17145
filed with the court not later than thirty days after the	17146
department mails notice of the director's decision. For good cause	17147
shown, the court may extend the time for mailing and filing the	17148
notice of appeal, but the time cannot exceed six months from the	17149
date the department mails the notice of the director's decision.	17150

(3) If an individual applies to the court for designation as	17151
an indigent and the court grants the application, the individual	17152
shall not be required to furnish the costs of the appeal.	17153

(4) The department is required to file a transcript of the	17154
testimony of the state hearing with the court only if the court	17155
orders that the transcript be filed. The court shall make such an	17156
order only if it finds that the department and the individual	17157
bringing the appeal are unable to stipulate to the facts of the	17158
case and that the transcript is essential to a determination of	17159
the appeal. The department shall file the transcript not later	17160
than thirty days after such an order is issued.	17161

Sec. 173.60. (A) As used in this section:

17162

(1) "Nursing home" has the same meaning as in section 3721.01	17163
of the Revised Code.	17164

(2) "Person-centered care" means a relationship-based	17165
approach to care that honors and respects the opinions of	17166
individuals receiving care and those working closely with them.	17167

(B) The department of aging shall implement a nursing home	17168
quality initiative to improve person-centered care that nursing	17169
homes provide. The office of the state long-term care ombudsperson	17170
program shall assist the department with the initiative. The	17171
initiative shall include quality improvement projects that provide	17172
nursing homes with resources and on-site education promoting	17173
person-centered strategies and positive resident outcomes, as well	17174
as other assistance designed to improve the quality of nursing	17175
home services.	17176

(C) The department shall make available a list of quality	17177
improvement projects offered by the following entities that may be	17178
used by nursing homes in meeting the requirements of section	17179
3721.072 of the Revised Code:	17180

(1) The department;

17181

(2) A quality improvement organization under contract with	17182
the United States secretary of health and human services to carry	17183
out the state functions described in section 1154 of the "Social	17184
Security Act," 42 U.S.C. 1320c-3;	17185

(3) Other state agencies;

17186

(4) The Ohio person-centered care coalition;

17187

(5) Any other academic, research, or health care entity	17188
identified by the department.	17189

(D) The director of aging may adopt rules in accordance with	17190
Chapter 119. of the Revised Code as necessary to implement this	17191
section.	17192

Sec. 191.01. As used in this chapter:

17193

(A) "Administrative safeguards," "availability,"	17194
"confidentiality," "integrity," "physical safeguards," and	17195
"technical safeguards" have the same meanings as in 45 C.F.R.	17196
164.304.	17197

(B) "Business associate," "covered entity," "health plan,"	17198
"individually identifiable health information," and "protected	17199
health information" have the same meanings as in 45 C.F.R.	17200
160.103.	17201

(C) "Executive director of the office of health	17202
transformation" or "executive director" means the executive	17203
director of the office of health transformation or the chief	17204
administrative officer of a successor governmental entity	17205
responsible for health system oversight in this state.	17206

(D) "Government program providing public benefits" means any	17207
program administered by a state agency that has been identified,	17208
pursuant to section 191.02 of the Revised Code, by the executive	17209
director of the office of health transformation in consultation	17210
with the individuals specified in that section.	17211

(E) "Office of health transformation" means the office of	17212
health transformation created by executive order 2011-02K.	17213

(F) "Operating protocol" means a protocol adopted by the	17214
executive director of the office of health transformation or the	17215
executive director's designee under division (D) of section 191.06	17216
of the Revised Code.	17217

(G) "Participating agency" means a state agency that	17218
participates in a health transformation initiative as specified in	17219
the one or more operating protocols adopted for the initiative	17220
under division (D) of section 191.06 of the Revised Code.	17221

(H) "Personally identifiable information" means information	17222
that meets both of the following criteria:	17223

(1) It identifies an individual or there is a reasonable	17224
basis to believe that it may be used to identify an individual;	17225

(2) It relates to an individual's eligibility for,	17226
application for, or receipt of public benefits from a government	17227
program providing public benefits.	17228

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

17229

(1) The department of aging;

17230

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

17231

~~(3)~~ The ~~department of~~ development services agency;

17232

~~(4)~~(3) The department of developmental disabilities;

17233

~~(5)~~(4) The department of education;

17234

~~(6)~~(5) The department of health;

17235

~~(7)~~(6) The department of insurance;

17236

~~(8)~~(7) The department of job and family services;

17237

~~(9)~~(8) The department of medicaid;

17238

(9) The department of ~~mental health~~mental health and	17239
addiction services;	17240

(10) The department of rehabilitation and correction;

17241

(11) The department of taxation;

17242

(12) The department of veterans services;

17243

(13) The department of youth services.

17244

(J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

17245

Sec. 191.02. The executive director of the office of health	17246
transformation, in consultation with all of the following	17247
individuals, shall identify each government program administered	17248
by a state agency that is to be considered a government program	17249
providing public benefits for purposes of section 191.04 of the	17250
Revised Code:	17251

(A) The director of aging;

17252

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

17253

~~(C)~~ The director of development services;

17254

~~(D)~~(C) The director of developmental disabilities;

17255

~~(E)~~(D) The director of health;

17256

~~(F)~~(E) The director of job and family services;

17257

~~(G)~~(F) The director of medicaid;

17258

(G) The director of ~~mental health~~mental health and addiction	17259
services;	17260

(H) The director of rehabilitation and correction;

17261

(I) The director of veterans services;

17262

(J) The director of youth services;

17263

(K) The ~~administrator~~executive director of the	17264
~~rehabilitation services commission~~opportunities for Ohioans with	17265
disabilities agency;	17266

(L) The administrator of workers' compensation;

17267

(M) The superintendent of insurance;

17268

(N) The superintendent of public instruction;

17269

(O) The tax commissioner.

17270

Sec. 191.04. (A) In accordance with federal laws governing	17271
the confidentiality of individually identifiable health	17272
information, including the "Health Insurance Portability and	17273
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat. 2021,	17274
42 U.S.C. 1320d et seq., as amended, and regulations promulgated	17275
by the United States department of health and human services to	17276
implement the act, a state agency may exchange protected health	17277
information with another state agency relating to eligibility for	17278
or enrollment in a health plan or relating to participation in a	17279
government program providing public benefits if the exchange of	17280
information is necessary for either or both of the following:	17281

(1) Operating a health plan;

17282

(2) Coordinating, or improving the administration or	17283
management of, the health care-related functions of at least one	17284
government program providing public benefits.	17285

(B) For fiscal ~~year~~years 2013, 2014, and 2015 only, a state	17286
agency also may exchange personally identifiable information with	17287
another state agency for purposes related to and in support of a	17288
health transformation initiative identified by the executive	17289
director of the office of health transformation pursuant to	17290
division (C) of section 191.06 of the Revised Code.	17291

(C) With respect to a state agency that uses or discloses	17292
personally identifiable information, all of the following	17293
conditions apply:	17294

(1) The state agency shall use or disclose the information	17295
only as permitted or required by state and federal law. In	17296
addition, if the information is obtained during fiscal year 2013	17297
from an exchange of personally identifiable information permitted	17298
under division (B) of this section, the agency shall also use or	17299
disclose the information in accordance with all operating	17300
protocols that apply to the use or disclosure.	17301

(2) If the state agency is a state agency other than the	17302
department of ~~job and family services~~medicaid and it uses or	17303
discloses protected health information that is related to a	17304
medicaid recipient and obtained from the department of ~~job and~~	17305
~~family services~~medicaid or another agency operating a component	17306
of the medicaid program, the state agency shall comply with all	17307
state and federal laws that apply to the department of ~~job and~~	17308
~~family services~~medicaid when that department, as the state's	17309
single state agency to supervise the medicaid program ~~as specified~~	17310
~~in section 5111.01 of the Revised Code~~, uses or discloses	17311
protected health information.	17312

(3) A state agency shall implement administrative, physical,	17313
and technical safeguards for the purpose of protecting the	17314
confidentiality, integrity, and availability of personally	17315
identifiable information the creation, receipt, maintenance, or	17316
transmittal of which is affected or governed by this section.	17317

(4) If a state agency discovers an unauthorized use or	17318
disclosure of unsecured protected health information or unsecured	17319
individually identifiable health information, the state agency	17320
shall, not later than seventy-two hours after the discovery, do	17321
all of the following:	17322

(a) Identify the individuals who are the subject of the	17323
protected health information or individually identifiable health	17324
information;	17325

(b) Report the discovery and the names of all individuals	17326
identified pursuant to division (C)(4)(a) of this section to all	17327
other state agencies and the executive director of the office of	17328
health transformation or the executive director's designee;	17329

(c) Mitigate, to the extent reasonably possible, any	17330
potential adverse effects of the unauthorized use or disclosure.	17331

(5) A state agency shall make available to the executive	17332
director of the office of health transformation or the executive	17333
director's designee, and to any other state or federal	17334
governmental entity required by law to have access on that	17335
entity's request, all internal practices, records, and	17336
documentation relating to personally identifiable information it	17337
receives, uses, or discloses that is affected or governed by this	17338
section.	17339

(6) On termination or expiration of an operating protocol and	17340
if feasible, a state agency shall return or destroy all personally	17341
identifiable information received directly from or received on	17342
behalf of another state agency. If the personally identifiable	17343
information is not returned or destroyed, the state agency	17344
maintaining the information shall extend the protections set forth	17345
in this section for as long as it is maintained.	17346

(7) If a state agency enters into a subcontract or, when	17347
required by 45 C.F.R. 164.502(e)(2), a business associate	17348
agreement, the subcontract or business associate agreement shall	17349
require the subcontractor or business associate to comply with the	17350
terms of this section as if the subcontractor or business	17351
associate were a state agency.	17352

Sec. 191.06. (A) The provisions of this section shall apply	17353
only for fiscal ~~year~~years 2013, 2014, and 2015.	17354

(B) The executive director of the office of health	17355
transformation or the executive director's designee may facilitate	17356
the coordination of operations and exchange of information between	17357
state agencies. The purpose of the executive director's authority	17358
under this section is to support agency collaboration for health	17359
transformation purposes, including modernization of the medicaid	17360
program, streamlining of health and human services programs in	17361
this state, and improving the quality, continuity, and efficiency	17362
of health care and health care support systems in this state.	17363

(C) In furtherance of the authority of the executive director	17364
of the office of health transformation under division (B) of this	17365
section, the executive director or the executive director's	17366
designee shall identify each health transformation initiative in	17367
this state that involves the participation of two or more state	17368
agencies and that permits or requires an interagency agreement to	17369
be entered into for purposes of specifying each participating	17370
agency's role in coordinating, operating, or funding the	17371
initiative, or facilitating the exchange of data or other	17372
information for the initiative. The executive director shall	17373
publish a list of the identified health transformation initiatives	17374
on the internet web site maintained by the office of health	17375
transformation.	17376

(D) For each health transformation initiative that is	17377
identified under division (C) of this section, the executive	17378
director or the executive director's designee shall, in	17379
consultation with each participating agency, adopt one or more	17380
operating protocols. Notwithstanding any law enacted by the	17381
general assembly or rule adopted by a state agency, the provisions	17382
in a protocol shall supersede any provisions in an interagency	17383
agreement, including an interagency agreement entered into under	17384
section 5101.10 or ~~5111.91~~5162.35 of the Revised Code, that	17385
differ from the provisions of the protocol.	17386

(E)(1) An operating protocol adopted under division (D) of	17387
this section shall include both of the following:	17388

(a) All terms necessary to meet the requirements of "other	17389
arrangements" between a covered entity and a business associate	17390
that are referenced in 45 C.F.R. 164.314(a)(2)(ii);	17391

(b) If known, the date on which the protocol will terminate	17392
or expire.	17393

(2) In addition, a protocol may specify the extent to which	17394
each participating agency is responsible and accountable for	17395
completing the tasks necessary for successful completion of the	17396
initiative, including tasks relating to the following components	17397
of the initiative:	17398

(a) Workflow;

17399

(b) Funding;

17400

(c) Exchange of data or other information that is	17401
confidential pursuant to state or federal law.	17402

(F) An operating protocol adopted under division (D) of this	17403
section shall have the same force and effect as an interagency	17404
agreement or data sharing agreement, and each participating agency	17405
shall comply with it.	17406

~~(G) The director of job and family services shall determine~~	17407
~~whether a waiver of federal medicaid requirements or a medicaid~~	17408
~~state plan amendment is necessary to fulfill the requirements of~~	17409
~~this section. If the director determines a waiver or medicaid~~	17410
~~state plan amendment is necessary, the director shall apply to the~~	17411
~~United States secretary of health and human services for the~~	17412
~~waiver or amendment.~~	17413

Sec. 191.061. (A) As used in this section:

17414

(1) "Core competencies" means the minimum standards a direct	17415
care worker must meet when providing direct care services and	17416
engaging in any one or more of the following activities associated	17417
with care for a medicaid recipient: maintaining a clean and safe	17418
environment, ensuring recipient-centered care, promoting the	17419
recipient's development, assisting the recipient with activities	17420
of daily living, communicating with the recipient, completing	17421
administrative tasks, and participating in professional	17422
development activities.	17423

(2) "Direct care services" means health care services,	17424
ancillary services, or services related to or in support of the	17425
provision of health care or ancillary services.	17426

(3) "Direct care worker" means an individual who, for direct	17427
or indirect payment, provides direct care services to a medicaid	17428
recipient in the recipient's home, place of residence, or other	17429
setting as specified in rules adopted under section 5164.02 of the	17430
Revised Code.	17431

(B) Not later than June 30, 2014, the executive director of	17432
the office of health transformation or the executive director's	17433
designee, in consultation with the medicaid director and the	17434
directors of aging, developmental disabilities, health, and mental	17435
health and addiction services, shall execute an operating protocol	17436
in accordance with division (D) of section 191.06 of the Revised	17437
Code documenting the manner in which each of the directors'	17438
departments determine that direct care workers associated with	17439
programs administered by the departments demonstrate core	17440
competencies. The executive director or the executive director's	17441
designee and any one or more of the directors may decide that core	17442
competencies are demonstrated by a direct care worker attaining	17443
certification through the direct care worker certification program	17444
established by the director of health under section 3701.95 of the	17445
Revised Code. A decision to this effect does not preclude a	17446
director from specifying additional requirements a direct care	17447
worker must meet to participate in a program administered by the	17448
director's department.	17449

Sec. 307.674. (A) As used in this section:

17450

(1) "Bonds" means:

17451

(a) Revenue bonds of the port authority described in division	17452
(B)(2)(a) of this section;	17453

(b) Securities as defined in division (KK) of section 133.01	17454
of the Revised Code issued by the host municipal corporation,	17455
described in division (B)(3)(a) of this section;	17456

(c) Any bonds issued to refund any of those revenue bonds or	17457
securities.	17458

(2) "Corporation" means a nonprofit corporation that is	17459
organized under the laws of this state and that includes within	17460
the purposes for which it is incorporated the authorization to	17461
lease and operate facilities such as a port authority educational	17462
and cultural performing arts facility.	17463

(3) "Cost," as applied to a port authority educational and	17464
cultural performing arts facility, means the cost of acquiring,	17465
constructing, renovating, rehabilitating, equipping, or improving	17466
the facility, or any combination of those purposes, collectively	17467
referred to in this section as "construction," and the cost of	17468
acquisition of all land, rights of way, property rights,	17469
easements, franchise rights, and interests required for those	17470
purposes, the cost of demolishing or removing any buildings or	17471
structures on land so acquired, including the cost of acquiring	17472
any land to which those buildings or structures may be moved, the	17473
cost of public utility and common carrier relocation or	17474
duplication, the cost of all machinery, furnishings, and	17475
equipment, financing charges, interest prior to and during	17476
construction and for not more than three years after completion of	17477
construction, costs arising under guaranty agreements,	17478
reimbursement agreements, or other credit enhancement agreements	17479
relating to bonds, engineering, expenses of research and	17480
development with respect to such facility, legal expenses, plans,	17481
specifications, surveys, studies, estimates of costs and revenues,	17482
other expenses necessary or incident to determining the	17483
feasibility or practicability of acquiring or constructing the	17484
facility, administrative expense, and other expenses as may be	17485
necessary or incident to that acquisition or construction and the	17486
financing of such acquisition or construction, including, with	17487
respect to the revenue bonds of a port authority, amounts to be	17488
paid into any special funds from the proceeds of those bonds, and	17489
repayments to the port authority, host county, host municipal	17490
corporation, or corporation of any amounts advanced for the	17491
foregoing purposes.	17492

(4) "Debt service charges" means, for any period or payable	17493
at any time, the principal of and interest and any premium due on	17494
bonds for that period or payable at that time whether due at	17495
maturity or upon mandatory redemption, together with any required	17496
deposits to reserves for the payment of principal of and interest	17497
on those bonds, and includes any payments required by the port	17498
authority to satisfy any of its obligations under or arising from	17499
any guaranty agreements, reimbursement agreements, or other credit	17500
enhancement agreements described in division (C) of this section.	17501

(5) "Host county" means the county within the boundaries of	17502
which the port authority educational and cultural performing arts	17503
facility is or will be located.	17504

(6) "Host municipal corporation" means the municipal	17505
corporation within the boundaries of which the port authority	17506
educational and cultural performing arts facility is or will be	17507
located.	17508

(7) "Port authority" means a port authority created pursuant	17509
to section 4582.22 of the Revised Code.	17510

(8) "Port authority educational and cultural performing arts	17511
facility" means a facility that consists of a center for music or	17512
other performing arts, a theater or other facilities to provide	17513
programs of an educational, recreational, or cultural nature, or	17514
any combination of those purposes as determined by the parties to	17515
the cooperative agreement for which provision is made in division	17516
(B) of this section to fulfill the public educational,	17517
recreational, and cultural purposes set forth therein, together	17518
with all parking facilities, walkways, and other auxiliary	17519
facilities, real and personal property, property rights,	17520
easements, and interests that may be appropriate for, or used in	17521
connection with, the operation of the facility.	17522

(B) A host county, a host municipal corporation, and a port	17523
authority may enter into a cooperative agreement with a	17524
corporation under which, as further provided for in that	17525
agreement:	17526

(1) The host county may agree to do any or all of the	17527
following:	17528

(a) Levy and collect a tax under division (E) and division	17529
(F) of section 5739.09 of the Revised Code for the purposes, and	17530
in an amount sufficient for those purposes, described in divisions	17531
(B)(1)(b) and (c) of this section;	17532

(b) Pay to the port authority all or such portion as provided	17533
for in the cooperative agreement of the revenue from the tax,	17534
together with any investment earnings on that revenue, to be used	17535
to pay a portion of the costs of acquiring, constructing,	17536
renovating, rehabilitating, equipping, or improving the port	17537
authority educational and cultural performing arts facility;	17538

(c) Pledge and pay to the corporation all or such portion as	17539
provided for in the cooperative agreement of the revenue from the	17540
tax, together with any investment earnings on that revenue, to be	17541
used to pay a portion of the costs to the corporation of leasing	17542
the port authority educational and cultural performing arts	17543
facility from the port authority.	17544

(2) The port authority may agree to do any or all of the	17545
following:	17546

(a) Issue its revenue bonds pursuant to section 4582.48 of	17547
the Revised Code for the purpose of paying all or a portion of the	17548
costs of the port authority educational and cultural performing	17549
arts facility;	17550

(b) Acquire, construct, renovate, rehabilitate, equip, and	17551
improve the port authority educational and cultural performing	17552
arts facility;	17553

(c) Lease the port authority educational and cultural	17554
performing arts facility to the corporation;	17555

(d) To the extent provided for in the cooperative agreement	17556
or the lease to the corporation, authorize the corporation to	17557
administer on behalf of the port authority the contracts for	17558
acquiring, constructing, renovating, rehabilitating, or equipping	17559
the port authority educational and cultural performing arts	17560
facility;	17561

(e) Use the revenue derived from the lease of the port	17562
authority educational and cultural performing arts facility to the	17563
corporation solely to pay debt service charges on revenue bonds of	17564
the port authority issued pursuant to division (B)(2)(a) of this	17565
section and to pay its obligations under or arising from any	17566
guaranty agreements, reimbursement agreements, or other credit	17567
enhancement agreements provided for in this section.	17568

(3) The host municipal corporation may agree to do either or	17569
both of the following:	17570

(a) Issue its bonds for the purpose of paying all or a	17571
portion of the costs of the port authority educational and	17572
cultural performing arts facility, and pay the proceeds from the	17573
issuance to the port authority for that purpose;	17574

(b) Enter into a guaranty agreement, a reimbursement	17575
agreement, or other credit enhancement agreement with the port	17576
authority to provide a guaranty or other credit enhancement of the	17577
port authority revenue bonds referred to in division (B)(2)(a) of	17578
this section pledging taxes, other than ad valorem property taxes,	17579
or other revenues for the purpose of providing the funds required	17580
to satisfy the host municipal corporation's obligations under that	17581
agreement.	17582

The cooperative agreement may provide that the proceeds of	17583
such securities or of such guaranty agreement, reimbursement	17584
agreement, or other credit enhancement agreement be deposited with	17585
and administered by the trustee pursuant to the trust agreement	17586
authorized in division (C) of this section.	17587

(4) The corporation may agree to do any or all of the	17588
following:	17589

(a) Lease the port authority educational and cultural	17590
performing arts facility from the port authority;	17591

(b) Operate and maintain the port authority educational and	17592
cultural performing arts facility pursuant to the lease;	17593

(c) To the extent provided for in the cooperative agreement	17594
or the lease from the port authority, administer on behalf of the	17595
port authority the contracts for acquiring, constructing,	17596
renovating, rehabilitating, or equipping the port authority	17597
educational and cultural performing arts facility.	17598

(C) The pledge and payments referred to in divisions	17599
(B)(1)(b) and (c) of this section and provided for in the	17600
cooperative agreement shall be for the period stated in the	17601
cooperative agreement but shall not extend longer than the period	17602
necessary to provide for the final retirement of the port	17603
authority revenue bonds referred to in division (B)(2)(a) of this	17604
section, and for the satisfaction by the port authority of any of	17605
its obligations under or arising from any guaranty agreements,	17606
reimbursement agreements, or other credit enhancement agreements	17607
relating to those bonds or to the revenues pledged to them. The	17608
cooperative agreement shall provide for the termination of the	17609
cooperative agreement, including the pledge and payment referred	17610
to in division (B)(1)(c) of this section, if the port authority	17611
revenue bonds referred to in division (B)(2)(a) of this section	17612
have not been issued, sold, and delivered within five years of the	17613
effective date of the cooperative agreement.	17614

The cooperative agreement shall provide that any port	17615
authority revenue bonds shall be secured by a trust agreement	17616
between the port authority and a corporate trustee that is a trust	17617
company or bank having the powers of a trust company within or	17618
outside the state but authorized to exercise trust powers within	17619
the state. The host county may be a party to that trust agreement	17620
for the purpose of better securing the pledge by the host county	17621
of its payment to the corporation pursuant to division (B)(1)(c)	17622
of this section. A tax levied pursuant to section 5739.09 of the	17623
Revised Code for the purposes specified in division (B)(1)(b) or	17624
(c) of this section is not subject to diminution by initiative or	17625
referendum or diminution by statute, unless provision is made for	17626
an adequate substitute reasonably satisfactory to the trustee	17627
under the trust agreement that secures the port authority revenue	17628
bonds.	17629

(D) A pledge of money by a host county under this section	17630
shall not be net indebtedness of the host county for purposes of	17631
section 133.07 of the Revised Code. A guaranty or other credit	17632
enhancement by a host municipal corporation under this section	17633
shall not be net indebtedness of the host municipal corporation	17634
for purposes of section 133.05 of the Revised Code.	17635

(E) If the terms of the cooperative agreement so provide, any	17636
contract for the acquisition, construction, renovation,	17637
rehabilitation, equipping, or improving of a port authority	17638
educational and cultural performing arts facility shall be made in	17639
such manner as is determined by the board of directors of the port	17640
authority, and unless the cooperative agreement provides	17641
otherwise, such a contract is not subject to division (R)(2) of	17642
section 4582.31 of the Revised Code. The port authority may take	17643
the assignment of and assume any contracts for the acquisition,	17644
construction, renovation, rehabilitation, equipping, or improving	17645
of a port authority educational and cultural performing arts	17646
facility that had previously been authorized by any of the host	17647
county, the host municipality, or the corporation. Such contracts	17648
are not subject to division (R)(2) of section 4582.31 of the	17649
Revised Code.	17650

Any contract for the acquisition, construction, renovation,	17651
rehabilitation, equipping, or improving of a port authority	17652
educational and cultural performing arts facility entered into,	17653
assigned, or assumed pursuant to this division shall provide that	17654
all laborers and mechanics employed for the acquisition,	17655
construction, renovation, rehabilitation, equipping, or improving	17656
of that facility shall be paid at the prevailing rates of wages of	17657
laborers and mechanics for the class of work called for by the	17658
port authority educational and cultural performing arts facility,	17659
which wages shall be determined in accordance with the	17660
requirements of Chapter 4115. of the Revised Code for the	17661
determination of prevailing wage rates.	17662

Notwithstanding any provisions to the contrary in section	17663
~~3383.07~~123.281 of the Revised Code, construction services and	17664
general building services for a port authority educational and	17665
cultural performing arts facility funded completely or in part	17666
with money appropriated by the state to the Ohio ~~cultural~~	17667
facilities construction commission may be provided by a port	17668
authority or a corporation that occupies, will occupy, or is	17669
responsible for that facility, as determined by the commission.	17670
The construction services and general building services to be	17671
provided by the port authority or the corporation shall be	17672
specified in an agreement between the commission and the port	17673
authority or corporation. That agreement, or any actions taken	17674
under it, are not subject to Chapters 123. or 153. of the Revised	17675
Code, but are subject to Chapter 4115. of the Revised Code.	17676

Sec. 307.86. Anything to be purchased, leased, leased with	17677
an option or agreement to purchase, or constructed, including, but	17678
not limited to, any product, structure, construction,	17679
reconstruction, improvement, maintenance, repair, or service,	17680
except the services of an accountant, architect, attorney at law,	17681
physician, professional engineer, construction project manager,	17682
consultant, surveyor, or appraiser, by or on behalf of the county	17683
or contracting authority, as defined in section 307.92 of the	17684
Revised Code, at a cost in excess of fifty thousand dollars,	17685
except as otherwise provided in division (D) of section 713.23 and	17686
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	17687
307.861, 339.05, 340.03, ~~340.033,~~ 4115.31 to 4115.35, ~~5119.16~~	17688
5119.44, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised	17689
Code, shall be obtained through competitive bidding. However,	17690
competitive bidding is not required when any of the following	17691
applies:	17692

(A) The board of county commissioners, by a unanimous vote of	17693
its members, makes a determination that a real and present	17694
emergency exists, and that determination and the reasons for it	17695
are entered in the minutes of the proceedings of the board, when	17696
either of the following applies:	17697

(1) The estimated cost is less than one hundred thousand	17698
dollars.	17699

(2) There is actual physical disaster to structures, radio	17700
communications equipment, or computers.	17701

For purposes of this division, "unanimous vote" means all	17702
three members of a board of county commissioners when all three	17703
members are present, or two members of the board if only two	17704
members, constituting a quorum, are present.	17705

Whenever a contract of purchase, lease, or construction is	17706
exempted from competitive bidding under division (A)(1) of this	17707
section because the estimated cost is less than one hundred	17708
thousand dollars, but the estimated cost is fifty thousand dollars	17709
or more, the county or contracting authority shall solicit	17710
informal estimates from no fewer than three persons who could	17711
perform the contract, before awarding the contract. With regard to	17712
each such contract, the county or contracting authority shall	17713
maintain a record of such estimates, including the name of each	17714
person from whom an estimate is solicited. The county or	17715
contracting authority shall maintain the record for the longer of	17716
at least one year after the contract is awarded or the amount of	17717
time the federal government requires.	17718

(B)(1) The purchase consists of supplies or a replacement or	17719
supplemental part or parts for a product or equipment owned or	17720
leased by the county, and the only source of supply for the	17721
supplies, part, or parts is limited to a single supplier.	17722

(2) The purchase consists of services related to information	17723
technology, such as programming services, that are proprietary or	17724
limited to a single source.	17725

(C) The purchase is from the federal government, the state,	17726
another county or contracting authority of another county, or a	17727
board of education, educational service center, township, or	17728
municipal corporation.	17729

(D) The purchase is made by a county department of job and	17730
family services under section 329.04 of the Revised Code and	17731
consists of family services duties or workforce development	17732
activities or is made by a county board of developmental	17733
disabilities under section 5126.05 of the Revised Code and	17734
consists of program services, such as direct and ancillary client	17735
services, child care, case management services, residential	17736
services, and family resource services.	17737

(E) The purchase consists of criminal justice services,	17738
social services programs, family services, or workforce	17739
development activities by the board of county commissioners from	17740
nonprofit corporations or associations under programs funded by	17741
the federal government or by state grants.	17742

(F) The purchase consists of any form of an insurance policy	17743
or contract authorized to be issued under Title XXXIX of the	17744
Revised Code or any form of health care plan authorized to be	17745
issued under Chapter 1751. of the Revised Code, or any combination	17746
of such policies, contracts, plans, or services that the	17747
contracting authority is authorized to purchase, and the	17748
contracting authority does all of the following:	17749

(1) Determines that compliance with the requirements of this	17750
section would increase, rather than decrease, the cost of the	17751
purchase;	17752

(2) Requests issuers of the policies, contracts, plans, or	17753
services to submit proposals to the contracting authority, in a	17754
form prescribed by the contracting authority, setting forth the	17755
coverage and cost of the policies, contracts, plans, or services	17756
as the contracting authority desires to purchase;	17757

(3) Negotiates with the issuers for the purpose of purchasing	17758
the policies, contracts, plans, or services at the best and lowest	17759
price reasonably possible.	17760

(G) The purchase consists of computer hardware, software, or	17761
consulting services that are necessary to implement a computerized	17762
case management automation project administered by the Ohio	17763
prosecuting attorneys association and funded by a grant from the	17764
federal government.	17765

(H) Child care services are purchased for provision to county	17766
employees.	17767

(I)(1) Property, including land, buildings, and other real	17768
property, is leased for offices, storage, parking, or other	17769
purposes, and all of the following apply:	17770

(a) The contracting authority is authorized by the Revised	17771
Code to lease the property.	17772

(b) The contracting authority develops requests for proposals	17773
for leasing the property, specifying the criteria that will be	17774
considered prior to leasing the property, including the desired	17775
size and geographic location of the property.	17776

(c) The contracting authority receives responses from	17777
prospective lessors with property meeting the criteria specified	17778
in the requests for proposals by giving notice in a manner	17779
substantially similar to the procedures established for giving	17780
notice under section 307.87 of the Revised Code.	17781

(d) The contracting authority negotiates with the prospective	17782
lessors to obtain a lease at the best and lowest price reasonably	17783
possible considering the fair market value of the property and any	17784
relocation and operational costs that may be incurred during the	17785
period the lease is in effect.	17786

(2) The contracting authority may use the services of a real	17787
estate appraiser to obtain advice, consultations, or other	17788
recommendations regarding the lease of property under this	17789
division.	17790

(J) The purchase is made pursuant to section 5139.34 or	17791
sections 5139.41 to 5139.46 of the Revised Code and is of programs	17792
or services that provide case management, treatment, or prevention	17793
services to any felony or misdemeanant delinquent, unruly youth,	17794
or status offender under the supervision of the juvenile court,	17795
including, but not limited to, community residential care, day	17796
treatment, services to children in their home, or electronic	17797
monitoring.	17798

(K) The purchase is made by a public children services agency	17799
pursuant to section 307.92 or 5153.16 of the Revised Code and	17800
consists of family services, programs, or ancillary services that	17801
provide case management, prevention, or treatment services for	17802
children at risk of being or alleged to be abused, neglected, or	17803
dependent children.	17804

(L) The purchase is to obtain the services of emergency	17805
medical service organizations under a contract made by the board	17806
of county commissioners pursuant to section 307.05 of the Revised	17807
Code with a joint emergency medical services district.	17808

(M) The county contracting authority determines that the use	17809
of competitive sealed proposals would be advantageous to the	17810
county and the contracting authority complies with section 307.862	17811
of the Revised Code.	17812

Any issuer of policies, contracts, plans, or services listed	17813
in division (F) of this section and any prospective lessor under	17814
division (I) of this section may have the issuer's or prospective	17815
lessor's name and address, or the name and address of an agent,	17816
placed on a special notification list to be kept by the	17817
contracting authority, by sending the contracting authority that	17818
name and address. The contracting authority shall send notice to	17819
all persons listed on the special notification list. Notices shall	17820
state the deadline and place for submitting proposals. The	17821
contracting authority shall mail the notices at least six weeks	17822
prior to the deadline set by the contracting authority for	17823
submitting proposals. Every five years the contracting authority	17824
may review this list and remove any person from the list after	17825
mailing the person notification of that action.	17826

Any contracting authority that negotiates a contract under	17827
division (F) of this section shall request proposals and negotiate	17828
with issuers in accordance with that division at least every three	17829
years from the date of the signing of such a contract, unless the	17830
parties agree upon terms for extensions or renewals of the	17831
contract. Such extension or renewal periods shall not exceed six	17832
years from the date the initial contract is signed.	17833

Any real estate appraiser employed pursuant to division (I)	17834
of this section shall disclose any fees or compensation received	17835
from any source in connection with that employment.	17836

Sec. 317.08. (A) Except as provided in divisions (C), (D),	17837
and (E) of this section, the county recorder shall keep six	17838
separate sets of records as follows:	17839

(1) A record of deeds, in which shall be recorded all deeds	17840
and other instruments of writing for the absolute and	17841
unconditional sale or conveyance of lands, tenements, and	17842
hereditaments; all notices as provided in sections 5301.47 to	17843
5301.56 of the Revised Code; all judgments or decrees in actions	17844
brought under section 5303.01 of the Revised Code; all	17845
declarations and bylaws, and all amendments to declarations and	17846
bylaws, as provided in Chapter 5311. of the Revised Code;	17847
affidavits as provided in sections 5301.252 and 5301.56 of the	17848
Revised Code; all certificates as provided in section 5311.17 of	17849
the Revised Code; all articles dedicating archaeological preserves	17850
accepted by the director of the Ohio historical society under	17851
section 149.52 of the Revised Code; all articles dedicating nature	17852
preserves accepted by the director of natural resources under	17853
section 1517.05 of the Revised Code; all agreements for the	17854
registration of lands as archaeological or historic landmarks	17855
under section 149.51 or 149.55 of the Revised Code; all	17856
conveyances of conservation easements and agricultural easements	17857
under section 5301.68 of the Revised Code; all instruments	17858
extinguishing agricultural easements under section 901.21 or	17859
5301.691 of the Revised Code or pursuant to terms of such an	17860
easement granted to a charitable organization under section	17861
5301.68 of the Revised Code; all instruments or orders described	17862
in division (B)(2)(b) of section 5301.56 of the Revised Code; all	17863
no further action letters issued under section 122.654 or 3746.11	17864
of the Revised Code; all covenants not to sue issued under section	17865
3746.12 of the Revised Code, including all covenants not to sue	17866
issued pursuant to section 122.654 of the Revised Code; any	17867
restrictions on the use of property contained in a no further	17868
action letter issued under section 122.654 of the Revised Code,	17869
any restrictions on the use of property identified pursuant to	17870
division (C)(3)(a) of section 3746.10 of the Revised Code, and any	17871
restrictions on the use of property contained in a deed or other	17872
instrument as provided in division (E) or (F) of section 3737.882	17873
of the Revised Code; any easement executed or granted under	17874
section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;	17875
any environmental covenant entered into in accordance with	17876
sections 5301.80 to 5301.92 of the Revised Code; all memoranda of	17877
trust, as described in division (A) of section 5301.255 of the	17878
Revised Code, that describe specific real property; and all	17879
agreements entered into under division (A) of section 1506.44 of	17880
the Revised Code;	17881

(2) A record of mortgages, in which shall be recorded all of	17882
the following:	17883

(a) All mortgages, including amendments, supplements,	17884
modifications, and extensions of mortgages, or other instruments	17885
of writing by which lands, tenements, or hereditaments are or may	17886
be mortgaged or otherwise conditionally sold, conveyed, affected,	17887
or encumbered;	17888

(b) All executory installment contracts for the sale of land	17889
executed after September 29, 1961, that by their terms are not	17890
required to be fully performed by one or more of the parties to	17891
them within one year of the date of the contracts;	17892

(c) All options to purchase real estate, including	17893
supplements, modifications, and amendments of the options, but no	17894
option of that nature shall be recorded if it does not state a	17895
specific day and year of expiration of its validity;	17896

(d) Any tax certificate sold under section 5721.33 of the	17897
Revised Code, or memorandum of it, that is presented for filing of	17898
record.	17899

(3) A record of powers of attorney, including all memoranda	17900
of trust, as described in division (A) of section 5301.255 of the	17901
Revised Code, that do not describe specific real property;	17902

(4) A record of plats, in which shall be recorded all plats	17903
and maps of town lots, of the subdivision of town lots, and of	17904
other divisions or surveys of lands, any center line survey of a	17905
highway located within the county, the plat of which shall be	17906
furnished by the director of transportation or county engineer,	17907
and all drawings and amendments to drawings, as provided in	17908
Chapter 5311. of the Revised Code;	17909

(5) A record of leases, in which shall be recorded all	17910
leases, memoranda of leases, and supplements, modifications, and	17911
amendments of leases and memoranda of leases and all assignments	17912
or transfers of interests in oil and gas leases under section	17913
1509.31 of the Revised Code;	17914

(6) A record of declarations executed pursuant to section	17915
2133.02 of the Revised Code and durable powers of attorney for	17916
health care executed pursuant to section 1337.12 of the Revised	17917
Code.	17918

(B) All instruments or memoranda of instruments entitled to	17919
record shall be recorded in the proper record in the order in	17920
which they are presented for record. The recorder may index, keep,	17921
and record in one volume unemployment compensation liens, internal	17922
revenue tax liens and other liens in favor of the United States as	17923
described in division (A) of section 317.09 of the Revised Code,	17924
personal tax liens, mechanic's liens, agricultural product liens,	17925
notices of liens, certificates of satisfaction or partial release	17926
of estate tax liens, discharges of recognizances, excise and	17927
franchise tax liens on corporations, broker's liens, and liens	17928
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.022~~	17929
5164.56, and 5311.18 of the Revised Code.	17930

The recording of an option to purchase real estate, including	17931
any supplement, modification, and amendment of the option, under	17932
this section shall serve as notice to any purchaser of an interest	17933
in the real estate covered by the option only during the period of	17934
the validity of the option as stated in the option.	17935

(C) In lieu of keeping the six separate sets of records	17936
required in divisions (A)(1) to (6) of this section and the	17937
records required in divisions (D) and (E) of this section, a	17938
county recorder may record all the instruments required to be	17939
recorded by this section in two separate sets of record books. One	17940
set shall be called the "official records" and shall contain the	17941
instruments listed in divisions (A)(1), (2), (3), (5), and (6) and	17942
(D) and (E) of this section. The second set of records shall	17943
contain the instruments listed in division (A)(4) of this section.	17944

(D) Except as provided in division (C) of this section, the	17945
county recorder shall keep a separate set of records containing	17946
all corrupt activity lien notices filed with the recorder pursuant	17947
to section 2923.36 of the Revised Code and a separate set of	17948
records containing all medicaid fraud lien notices filed with the	17949
recorder pursuant to section 2933.75 of the Revised Code.	17950

(E)(1) The county recorder shall keep a separate set of	17951
records containing all transfers, conveyances, or assignments of	17952
any type of tangible or intangible personal property or any rights	17953
or interests in that property if and to the extent that any person	17954
wishes to record that personal property transaction and if the	17955
applicable instrument is acknowledged before a notary public. If	17956
the transferor is a natural person, the notice of personal	17957
property transfer shall be recorded in the county in this state in	17958
which the transferor maintains the transferor's principal	17959
residence. If the transferor is not a natural person, the notice	17960
of personal property transfer shall be recorded in the county in	17961
this state in which the transferor maintains its principal place	17962
of business. If the transferor does not maintain a principal	17963
residence or a principal place of business in this state and the	17964
transfer is to a trustee of a legacy trust formed pursuant to	17965
Chapter 5816. of the Revised Code, the notice of personal property	17966
transfer shall be recorded in the county in this state where that	17967
trustee maintains a principal residence or principal place of	17968
business. In all other instances, the notice of personal property	17969
transfer shall be recorded in the county in this state where the	17970
property described in the notice is located.	17971

(2) The records described in division (E)(1) of this section	17972
shall be maintained in or as part of the "official records" under	17973
division (C) of this section.	17974

Sec. 317.36. (A) The county recorder shall collect the low-	17975
and moderate-income housing trust fund fee as specified in	17976
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	17977
4509.60, ~~5111.022~~5164.56, 5310.15, 5703.93, 5719.07, 5727.56,	17978
5733.18, 5733.22, 6101.09, and 6115.09 of the Revised Code. The	17979
amount of any housing trust fund fee the recorder is authorized to	17980
collect is equal to the amount of any base fee the recorder is	17981
authorized to collect for services. The housing trust fund fee	17982
shall be collected in addition to the base fee.	17983

(B) The recorder shall certify the amounts collected as	17984
housing trust fund fees pursuant to division (A) of this section	17985
into the county treasury as housing trust fund fees to be paid to	17986
the treasurer of state pursuant to section 319.63 of the Revised	17987
Code.	17988

Sec. 321.44. (A)(1) A county probation services fund shall	17989
be established in the county treasury of each county. The fund a	17990
county establishes under this division shall contain all moneys	17991
paid to the treasurer of the county under section 2951.021 of the	17992
Revised Code for deposit into the fund. The moneys paid into the	17993
fund shall be deposited by the treasurer of the county into the	17994
appropriate account established under divisions (A)(1)(a) to (d)	17995
of this section. Separate accounts shall be maintained in	17996
accordance with the following criteria in the fund a county	17997
establishes under this division:	17998

(a) If a county department of probation is established in the	17999
county, a separate account shall be maintained in the fund for the	18000
county department of probation.	18001

(b) If the judges of the court of common pleas of the county	18002
have affiliated with the judges of the court of common pleas of	18003
one or more other counties and have established a multicounty	18004
department of probation, a separate account shall be maintained in	18005
the fund for the multicounty department of probation.	18006

(c) If a department of probation is established in a	18007
county-operated municipal court that has jurisdiction within the	18008
county, a separate account shall be maintained in the fund for the	18009
municipal court department of probation.	18010

(d) If a county department of probation has not been	18011
established in the county and if the court of common pleas of the	18012
county, pursuant to section 2301.32 of the Revised Code, has	18013
entered into an agreement with the adult parole authority under	18014
which the court may place defendants under a community control	18015
sanction in charge of the authority, a separate account shall be	18016
maintained in the fund for the court of common pleas.	18017

(2) For any county, if a county department of probation is	18018
established in the county or if a department of probation is	18019
established in a county-operated municipal court that has	18020
jurisdiction within the county, the board of county commissioners	18021
of the county shall appropriate to the county department of	18022
probation or municipal court department of probation all money	18023
that is contained in the department's account in the county	18024
probation services fund established in the county for use only for	18025
specialized staff, purchase of equipment, purchase of services,	18026
reconciliation programs for offenders and victims, other treatment	18027
programs, including ~~alcohol and drug~~community addiction ~~programs~~	18028
services providers certified under section ~~3793.06~~5119.36 of the	18029
Revised Code, determined to be appropriate by the chief probation	18030
officer of the department of probation, and other similar expenses	18031
related to placing offenders under a community control sanction.	18032

For any county, if the judges of the court of common pleas of	18033
the county have affiliated with the judges of the court of common	18034
pleas of one or more other counties and have established a	18035
multicounty department of probation to serve the counties, the	18036
board of county commissioners of the county shall appropriate and	18037
the county treasurer shall transfer to the multicounty probation	18038
services fund established for the multicounty department of	18039
probation under division (B) of this section all money that is	18040
contained in the multicounty department of probation account in	18041
the county probation services fund established in the county for	18042
use in accordance with that division.	18043

For any county, if a county department of probation has not	18044
been established in the county and if the court of common pleas of	18045
the county, pursuant to section 2301.32 of the Revised Code, has	18046
entered into an agreement with the adult parole authority under	18047
which the court may place defendants under a community control	18048
sanction in charge of the authority, the board of county	18049
commissioners of the county shall appropriate to the court all	18050
money that is contained in the court's account in the county	18051
probation services fund established in the county for use only for	18052
specialized staff, purchase of equipment, purchase of services,	18053
reconciliation programs for offenders and victims, other treatment	18054
and recovery support services, including properly credentialed	18055
treatment and recovery support services program providers or those	18056
certified under section ~~3793.06~~5119.36 of the Revised Code,	18057
determined to be appropriate by the authority, and other similar	18058
uses related to placing offenders under a community control	18059
sanction.	18060

(B) If the judges of the courts of common pleas of two or	18061
more counties have established a multicounty department of	18062
probation, a multicounty probation services fund shall be	18063
established in the county treasury of the county whose treasurer,	18064
in accordance with section 2301.27 of the Revised Code, is	18065
designated by the judges of the courts of common pleas as the	18066
treasurer to whom monthly supervision fees are to be appropriated	18067
and transferred under division (A)(2) of this section for deposit	18068
into the fund. The fund shall contain all moneys that are paid to	18069
the treasurer of any member county under section 2951.021 of the	18070
Revised Code for deposit into the county's probation services fund	18071
and that subsequently are appropriated and transferred to the	18072
multicounty probation services fund under division (A)(2) of this	18073
section. The board of county commissioners of the county in which	18074
the multicounty probation services fund is established shall	18075
appropriate the money contained in that fund to the multicounty	18076
department of probation, for use only for specialized staff,	18077
purchase of equipment, purchase of services, reconciliation	18078
programs for offenders and victims, other treatment programs,	18079
including ~~alcohol and drug~~community addiction ~~programs~~services	18080
providers certified under section ~~3793.06~~5119.36 of the Revised	18081
Code, determined to be appropriate by the chief probation officer,	18082
and for other similar expenses related to placing offenders under	18083
a community control sanction.	18084

(C) Any money in a county or multicounty probation services	18085
fund at the end of a fiscal year shall not revert to the general	18086
fund of the county but shall be retained in the fund.	18087

(D) As used in this section:

18088

(1) "County-operated municipal court" has the same meaning as	18089
in section 1901.03 of the Revised Code.	18090

(2) "Multicounty department of probation" means a probation	18091
department established under section 2301.27 of the Revised Code	18092
to serve more than one county.	18093

(3) "Community control sanction" has the same meaning as in	18094
section 2929.01 of the Revised Code.	18095

Sec. 321.49. A county treasurer who receives the fee required	18096
under division (L) of section 1509.06 of the Revised Code shall	18097
create in the county treasury an oil and gas escrow fund. The	18098
treasurer shall deposit any money received by the treasurer under	18099
that division into the fund. The treasurer shall notify the county	18100
auditor whenever the treasurer deposits money into the fund.	18101

Within ten days after receiving such a notice from the	18102
treasurer, the auditor shall schedule a hearing of the county	18103
budget commission and notify applicable taxing authorities as	18104
provided in section 5705.27 of the Revised Code.	18105

Sec. 329.04. (A) The county department of job and family	18106
services shall have, exercise, and perform the following powers	18107
and duties:	18108

(1) Perform any duties assigned by the state department of	18109
job and family services or department of medicaid regarding the	18110
provision of public family services, including the provision of	18111
the following services to prevent or reduce economic or personal	18112
dependency and to strengthen family life:	18113

(a) Services authorized by a Title IV-A program, as defined	18114
in section 5101.80 of the Revised Code;	18115

(b) Social services authorized by Title XX of the "Social	18116
Security Act" and provided for by section 5101.46 or 5101.461 of	18117
the Revised Code;	18118

(c) If the county department is designated as the child	18119
support enforcement agency, services authorized by Title IV-D of	18120
the "Social Security Act" and provided for by Chapter 3125. of the	18121
Revised Code. The county department may perform the services	18122
itself or contract with other government entities, and, pursuant	18123
to division (C) of section 2301.35 and section 2301.42 of the	18124
Revised Code, private entities, to perform the Title IV-D	18125
services.	18126

(d) Duties assigned under section ~~5111.98~~5162.031 of the	18127
Revised Code.	18128

(2) Administer disability financial assistance, as required	18129
by the state department of job and family services under section	18130
5115.03 of the Revised Code;	18131

(3) Administer burials insofar as the administration of	18132
burials was, prior to September 12, 1947, imposed upon the board	18133
of county commissioners and if otherwise required by state law;	18134

(4) Cooperate with state and federal authorities in any	18135
matter relating to family services and to act as the agent of such	18136
authorities;	18137

(5) Submit an annual account of its work and expenses to the	18138
board of county commissioners and to the state department of job	18139
and family services and department of medicaid at the close of	18140
each fiscal year;	18141

(6) Exercise any powers and duties relating to family	18142
services duties or workforce development activities imposed upon	18143
the county department of job and family services by law, by	18144
resolution of the board of county commissioners, or by order of	18145
the governor, when authorized by law, to meet emergencies during	18146
war or peace;	18147

(7) ~~Determine the eligibility for medical assistance of~~	18148
~~recipients of aid under Title XVI of the "Social Security Act";~~	18149

~~(8) If assigned by the state director of job and family~~	18150
~~services under section 5101.515 or 5101.525 of the Revised Code,~~	18151
~~determine applicants' eligibility for health assistance under the~~	18152
~~children's health insurance program part II or part III;~~	18153

~~(9)~~ Enter into a plan of cooperation with the board of county	18154
commissioners under section 307.983, consult with the board in the	18155
development of the transportation work plan developed under	18156
section 307.985, establish with the board procedures under section	18157
307.986 for providing services to children whose families relocate	18158
frequently, and comply with the contracts the board enters into	18159
under sections 307.981 and 307.982 of the Revised Code that affect	18160
the county department;	18161

~~(10)~~(8) For the purpose of complying with a grant agreement	18162
the board of county commissioners enters into under sections	18163
307.98 and 5101.21 of the Revised Code, exercise the powers and	18164
perform the duties the grant agreement assigns to the county	18165
department;	18166

~~(11)~~(9) If the county department is designated as the	18167
workforce development agency, provide the workforce development	18168
activities specified in the contract required by section 330.05 of	18169
the Revised Code.	18170

(B) The powers and duties of a county department of job and	18171
family services are, and shall be exercised and performed, under	18172
the control and direction of the board of county commissioners.	18173
The board may assign to the county department any power or duty of	18174
the board regarding family services duties and workforce	18175
development activities. If the new power or duty necessitates the	18176
state department of job and family services or department of	18177
medicaid changing its federal cost allocation plan, the county	18178
department may not implement the power or duty unless the United	18179
States department of health and human services approves the	18180
changes.	18181

Sec. 329.051. The county department of job and family	18182
services shall make voter registration applications as prescribed	18183
by the secretary of state under section 3503.10 of the Revised	18184
Code available to persons who are applying for, receiving	18185
assistance from, or participating in any of the following:	18186

(A) The disability financial assistance program established	18187
under Chapter 5115. of the Revised Code;	18188

(B) The ~~medical assistance~~medicaid program ~~established under~~	18189
~~Chapter 5111. of the Revised Code~~;	18190

(C) The Ohio works first program established under Chapter	18191
5107. of the Revised Code;	18192

(D) The prevention, retention, and contingency program	18193
established under Chapter 5108. of the Revised Code.	18194

Sec. 329.06. (A) Except as provided in division (C) of this	18195
section and section 6301.08 of the Revised Code, the board of	18196
county commissioners shall establish a county family services	18197
planning committee. The board shall appoint a member to represent	18198
the county department of job and family services; an employee in	18199
the classified civil service of the county department of job and	18200
family services, if there are any such employees; and a member to	18201
represent the public. The board shall appoint other individuals to	18202
the committee in such a manner that the committee's membership is	18203
broadly representative of the groups of individuals and the public	18204
and private entities that have an interest in the family services	18205
provided in the county. The board shall make appointments in a	18206
manner that reflects the ethnic and racial composition of the	18207
county. The following groups and entities may be represented on	18208
the committee:	18209

(1) Consumers of family services;

18210

(2) The public children services agency;

18211

(3) The child support enforcement agency;

18212

(4) The county family and children first council;

18213

(5) Public and private colleges and universities;

18214

(6) Public entities that provide family services, including	18215
boards of health, boards of education, the county board of	18216
developmental disabilities, and the board of alcohol, drug	18217
addiction, and mental health services that serves the county;	18218

(7) Private nonprofit and for-profit entities that provide	18219
family services in the county or that advocate for consumers of	18220
family services in the county, including entities that provide	18221
services to or advocate for victims of domestic violence;	18222

(8) Labor organizations;

18223

(9) Any other group or entity that has an interest in the	18224
family services provided in the county, including groups or	18225
entities that represent any of the county's business, urban, and	18226
rural sectors.	18227

(B) The county family services planning committee shall do	18228
all of the following:	18229

(1) Serve as an advisory body to the board of county	18230
commissioners with regard to the family services provided in the	18231
county, including assistance under Chapters 5107. and 5108. of the	18232
Revised Code, publicly funded child care under Chapter 5104. of	18233
the Revised Code, and social services provided under section	18234
5101.46 of the Revised Code;	18235

(2) At least once a year, review and analyze the county	18236
department of job and family services' implementation of the	18237
programs established under Chapters 5107. and 5108. of the Revised	18238
Code. In its review, the committee shall use information available	18239
to it to examine all of the following:	18240

(a) Return of assistance groups to participation in either	18241
program after ceasing to participate;	18242

(b) Teen pregnancy rates among the programs' participants;

18243

(c) The other types of assistance the programs' participants	18244
receive, including medicaid ~~under Chapter 5111. of the Revised~~	18245
~~Code~~, publicly funded child care under Chapter 5104. of the	18246
Revised Code, supplemental nutrition assistance program benefits	18247
under section 5101.54 of the Revised Code, and energy assistance	18248
under Chapter 5117. of the Revised Code;	18249

(d) Other issues the committee considers appropriate.

18250

The committee shall make recommendations to the board of	18251
county commissioners and county department of job and family	18252
services regarding the committee's findings.	18253

(3) Conduct public hearings on proposed county profiles for	18254
the provision of social services under section 5101.46 of the	18255
Revised Code;	18256

(4) At the request of the board, make recommendations and	18257
provide assistance regarding the family services provided in the	18258
county;	18259

(5) At any other time the committee considers appropriate,	18260
consult with the board and make recommendations regarding the	18261
family services provided in the county. The committee's	18262
recommendations may address the following:	18263

(a) Implementation and administration of family service	18264
programs;	18265

(b) Use of federal, state, and local funds available for	18266
family service programs;	18267

(c) Establishment of goals to be achieved by family service	18268
programs;	18269

(d) Evaluation of the outcomes of family service programs;

18270

(e) Any other matter the board considers relevant to the	18271
provision of family services.	18272

(C) If there is a committee in existence in a county on	18273
October 1, 1997, that the board of county commissioners determines	18274
is capable of fulfilling the responsibilities of a county family	18275
services planning committee, the board may designate the committee	18276
as the county's family services planning committee and the	18277
committee shall serve in that capacity.	18278

Sec. 329.14. (A) An individual whose household income does	18279
not exceed two hundred per cent of the federal poverty line is	18280
eligible to participate in an individual development account	18281
program established by the county department of job and family	18282
services of the county in which the individual resides. An	18283
eligible individual seeking to be a participant in the program	18284
shall enter into an agreement with the fiduciary organization	18285
administering the program. The agreement shall specify the terms	18286
and conditions of uses of funds deposited, financial documentation	18287
required to be maintained by the participant, expectations and	18288
responsibilities of the participant, and services to be provided	18289
by the fiduciary organization.	18290

(B) A participant may deposit earned income, as defined in 26	18291
U.S.C. 911(d)(2), as amended, into the account. The fiduciary	18292
organization may deposit into the account an amount not exceeding	18293
four times the amount deposited by the participant except that a	18294
fiduciary organization may not, pursuant to an agreement with an	18295
employer, deposit an amount into an account held by a participant	18296
who is employed by the employer. An account may have no more than	18297
ten thousand dollars in it at any time.	18298

(C) Notwithstanding eligibility requirements established in	18299
or pursuant to Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	18300
Code, to the extent permitted by federal statutes and regulations,	18301
money in an individual development account, including interest, is	18302
exempt from consideration in determining whether the participant	18303
or a member of the participant's assistance group is eligible for	18304
assistance under Chapter 5107.,or 5108.~~, or 5111.~~ of the Revised	18305
Code and the amount of assistance the participant or assistance	18306
group is eligible to receive.	18307

(D)(1) Except as provided in division (D)(2) of this section,	18308
an individual development account program participant may use	18309
money in the account only for the following purposes:	18310

(a) Postsecondary educational expenses paid directly from the	18311
account to an eligible education institution or vendor;	18312

(b) Qualified acquisition expenses of a principal residence,	18313
as defined in 26 U.S.C. 1034, as amended, paid directly from the	18314
account to the person or government entity to which the expenses	18315
are due;	18316

(c) Qualified business capitalization expenses made in	18317
accordance with a qualified business plan that has been approved	18318
by a financial institution or by a nonprofit microenterprise	18319
program having demonstrated business expertise and paid directly	18320
from the account to the person to whom the expenses are due.	18321

(2) A fiduciary organization shall permit a participant to	18322
withdraw money deposited by the participant if it is needed to	18323
deal with a personal emergency of the participant or a member of	18324
the participant's family or household. Withdrawal shall result in	18325
the loss of any matching funds in an amount equal to the amount of	18326
the withdrawal.	18327

(3) Regardless of the reason for the withdrawal, a withdrawal	18328
from an individual development account may be made only with the	18329
approval of the fiduciary organization.	18330

Sec. 333.01. As used in this chapter:

18331

(A) "County sales and use tax" means the tax levied by a	18332
county under ~~division (A) of~~ section 5739.021 or ~~division (A) of~~	18333
~~section~~ 5741.021 of the Revised Code that is returned or	18334
distributed to the county under section 5739.21 or 5741.03 of the	18335
Revised Code.	18336

(B) "Impact facility" means a permanent structure, including	18337
all interior or exterior square footage used for educational or	18338
exhibition activities, that meets all of the following criteria:	18339

(1) It is used for the sale of tangible personal property or	18340
services;	18341

(2) At least ten per cent of the facility's total square	18342
footage is dedicated to educational or exhibition activities;	18343

(3) At least fifty million dollars is invested in land,	18344
buildings, infrastructure, and equipment for the facility at the	18345
site of the facility over a period of not more than two years;	18346

(4) An annualized average of at least one hundred fifty new	18347
full-time equivalent positions will be created and maintained at	18348
the facility;	18349

(5) More than fifty per cent of the visitors to the facility	18350
are reasonably anticipated to live at least one hundred miles from	18351
the facility.	18352

(C) "Qualifying investment" means a person's investment in	18353
land, buildings, infrastructure, and equipment for creating an	18354
impact facility.	18355

(D) "Full-time equivalent positions" means the total number	18356
of hours worked at a facility in a work week, divided by forty	18357
hours per week.	18358

Sec. 339.02. (A) As used in this section, "area served by	18359
the hospital" means the geographic area, whether or not included	18360
within the county, from which a county hospital regularly draws	18361
patients.	18362

(B) Unless a board of county hospital trustees for the county	18363
is in existence in accordance with this section, such board shall	18364
be created pursuant to this section after the board of county	18365
commissioners first determines by resolution to establish a county	18366
hospital. Copies of such resolution shall be certified to the	18367
probate judge of the county senior in point of service and to the	18368
judge, other than a probate judge, of the court of common pleas of	18369
the county senior in point of service. The board of county	18370
commissioners together with the probate judge of the county senior	18371
in point of service and the judge of the court of common pleas of	18372
the county senior in point of service shall, within ten days after	18373
such certification, appoint a board of county hospital trustees.	18374

(C) In making appointments to a board of county hospital	18375
trustees, ~~all~~both of the following apply with respect to the	18376
individuals who may be appointed:	18377

(1) Members shall be electors and representative of the area	18378
served by the hospital, except that not more than two members may	18379
be electors of the area served by the hospital that is outside the	18380
county in which the hospital is located.	18381

(2) ~~In no case shall more than one-half of the members be~~	18382
~~independents or be members of any one political party.~~	18383

~~(3)~~ A physician may serve as a member, including a physician	18384
who is authorized to admit and treat patients at the hospital,	18385
except as follows:	18386

(a) Not more than two physicians may serve as members at the	18387
same time;	18388

(b) No physician who is employed by the hospital may serve as	18389
a member.	18390

(D) A board of county hospital trustees shall be composed of	18391
six members, unless the board of county commissioners determines	18392
that the board of trustees can more effectively function with	18393
eight or ten members in which case there may be eight or ten	18394
members, as designated by the board of county commissioners.	18395

(E) With respect to the initial appointment of members to a	18396
board of county hospital trustees, all of the following apply:	18397

(1) When the board is composed of six members, their terms of	18398
office shall be one for one year, one for two years, one for three	18399
years, one for four years, one for five years, and one for six	18400
years from the first Monday of March thereafter.	18401

(2) When the board is composed of eight members, their terms	18402
of office shall be one for one year, one for two years, two for	18403
three years, one for four years, one for five years, and two for	18404
six years from the first Monday of March thereafter.	18405

(3) When the board is composed of ten members, their terms of	18406
office shall be two for one year, one for two years, two for three	18407
years, two for four years, one for five years, and two for six	18408
years from the first Monday of March thereafter.	18409

(F) Except as provided in division (G)(2) of this section,	18410
all of the following apply with respect to vacancies on a board of	18411
county hospital trustees:	18412

(1) Annually, on the first Monday of March, the board of	18413
county commissioners together with the probate judge of the county	18414
senior in point of service and the judge of the court of common	18415
pleas of the county senior in point of service shall appoint or	18416
reappoint for a term of six years a sufficient number of members	18417
to replace those members whose terms have expired.	18418

(2) The appointing authority shall fill a vacancy not later	18419
than six months after the vacancy occurs. If the vacancy remains	18420
unfilled on that date, the remaining members of the board, by	18421
majority vote, shall appoint an individual to fill the vacancy.	18422

(3) The appointing authority may fill a vacancy by seeking	18423
nominations from a selection committee consisting of one county	18424
commissioner designated by the board of county commissioners, the	18425
chair of the board of county hospital trustees, and the county	18426
hospital administrator. If nominations for filling a vacancy are	18427
sought from a selection committee, the committee shall nominate at	18428
least three individuals for the vacancy. The appointing authority	18429
may fill the vacancy by appointing one of the nominated	18430
individuals or by appointing another individual selected by the	18431
appointing authority.	18432

(4) Any member appointed to fill a vacancy occurring prior to	18433
the expiration date of the term for which the member's predecessor	18434
was appointed shall hold office as a member for the remainder of	18435
that term.	18436

(G)(1) The board of county commissioners together with the	18437
probate judge senior in point of service and the judge of the	18438
court of common pleas senior in point of service in any county in	18439
which a board of county hospital trustees has been appointed may	18440
expand the number of members to eight or to ten. When the number	18441
of members is increased to eight, one shall be appointed for a	18442
three-year and one for a six-year term from the first Monday of	18443
March thereafter. When the number of members is increased from six	18444
to ten, the term for additional members shall be: one for one	18445
year, one for three years, one for four years, and one for six	18446
years from the first Monday of March thereafter. When the number	18447
of members is increased from eight to ten, the term for additional	18448
members shall be: one for one year and one for four years from the	18449
first Monday of March thereafter. Thereafter except as provided in	18450
division (G)(2) of this section, upon the expiration of the term	18451
of office of each member, the vacancy shall be filled in the	18452
manner specified in division (F) of this section.	18453

(2) The board of county commissioners together with the	18454
probate judge senior in point of service and the judge of the	18455
court of common pleas senior in point of service may reduce the	18456
number of members of a board of county hospital trustees to eight	18457
or to six. The reduction shall occur on expiration of a member's	18458
term of office, at which time no appointment shall be made. While	18459
the board of county commissioners and the judges are in the	18460
process of reducing the number of members, the board of county	18461
hospital trustees may consist of nine or seven members for one	18462
year.	18463

(H) Any member of a board of county hospital trustees may be	18464
removed from office by the appointing authority for neglect of	18465
duty, misconduct, or malfeasance in office. The member shall be	18466
informed in writing of the charges and afforded an opportunity for	18467
a hearing before the appointing authority. The appointing	18468
authority shall not remove a member from office for political	18469
reasons.	18470

(I) The board of county commissioners may provide members of	18471
a board of county hospital trustees ~~shall~~a stipend for their	18472
service or require the members to serve without compensation~~, but~~.	18473
The members shall be allowed their necessary and reasonable	18474
expenses incurred in the performance of their duties, including	18475
the cost of their participation in any continuing education	18476
programs or developmental programs that the members consider	18477
necessary. Allowable stipends and expenses shall be paid out of	18478
the funds provided for the county hospital.	18479

(J) The persons selected to be members of a board of county	18480
hospital trustees shall forthwith be notified, by mail, of their	18481
appointment. When a board is initially appointed, the notice shall	18482
state a time, not more than ten days later, when such board shall	18483
meet at the county seat of such county to organize. On the date	18484
stated, the board shall meet and organize.	18485

(K) A board of county hospital trustees shall organize by	18486
electing one of its number as chairperson and such other officers	18487
as specified in the board's rules. Four members of a six-member	18488
board constitute a quorum, five members constitute a quorum of an	18489
eight-member board, and six members constitute a quorum of a	18490
ten-member board.	18491

A board of county hospital trustees shall hold meetings at	18492
least ~~once a month~~quarterly, shall adopt necessary rules of	18493
procedure, and shall keep a record of its proceedings and a strict	18494
account of all its receipts, disbursements, and expenditures. On	18495
completion of the construction and equipping of a county hospital,	18496
the board shall file such account with the board of county	18497
commissioners and make final settlement with the board of county	18498
commissioners for the construction and equipping of the hospital.	18499

Sec. 339.05. (A) A board of county hospital trustees may	18500
adopt, annually, bidding procedures and purchasing or leasing	18501
policies ~~for services~~ provided through a joint purchasing	18502
arrangement sponsored by a nonprofit organization, ~~and~~ for	18503
services, supplies, and equipment, that are routinely used in the	18504
operation of the hospital and that cost in excess of the amount	18505
specified in section 307.86 of the Revised Code as the amount	18506
above which purchases must be competitively bid. If a board of	18507
county hospital trustees adopts those policies and procedures, and	18508
if the board of county commissioners approves them, the board of	18509
county hospital trustees may follow those policies and procedures	18510
in lieu of following the competitive bidding procedures of	18511
sections 307.86 to 307.92 of the Revised Code.	18512

(B) Notwithstanding section 307.86 of the Revised Code, the	18513
board of county hospital trustees is exempt from competitive	18514
bidding as required under that section if the board, by a	18515
unanimous vote of its members, makes a determination that a real	18516
and present emergency exists, and either of the following applies:	18517

(1) The estimated cost is less than one hundred thousand	18518
dollars.	18519

(2) There is actual physical damage to structures or	18520
equipment.	18521

The board shall enter the determination of emergency and the	18522
reasons for it in the minutes of its proceedings.	18523

For purposes of this section, a vote is unanimous if all	18524
members of a board of county hospital trustees are present, or a	18525
lesser number of members of the board if not all members are	18526
present, provided that the number of members present constitutes a	18527
quorum.	18528

Whenever a contract of purchase, lease, or construction is	18529
exempted from competitive bidding because the estimated cost is	18530
less than one hundred thousand dollars, but the estimated cost is	18531
fifty thousand dollars or more, the board shall solicit informal	18532
estimates from not fewer than three persons who could perform the	18533
contract, before awarding the contract. With regard to each such	18534
contract, the board shall maintain a record of the informal	18535
estimates, including the name of each person from whom an informal	18536
estimate was solicited. The board shall maintain the record for	18537
the longer of at least one year after the contract is awarded or	18538
an amount of time required by the federal government.	18539

Sec. 339.06. (A) The board of county hospital trustees, upon	18540
completion of construction or leasing and equipping of a county	18541
hospital, shall assume and continue the operation of the hospital.	18542

(B) The board of county hospital trustees shall have the	18543
entire management and control of the county hospital. The board	18544
may in writing delegate its management and control of the county	18545
hospital to the administrator of the county hospital employed	18546
under section 339.07 of the Revised Code. The board shall	18547
establish such rules for the hospital's government, management,	18548
control, and the admission of persons as are expedient.	18549

(C) The board of county hospital trustees has control of the	18550
property of the county hospital, including management and disposal	18551
of surplus property other than real estate or an interest in real	18552
estate.	18553

(D) With respect to the use of funds by the board of county	18554
hospital trustees and its accounting for the use of funds, all of	18555
the following apply:	18556

(1) The board of county hospital trustees has control of all	18557
funds used in the county hospital's operation, including moneys	18558
received from the operation of the hospital, moneys appropriated	18559
for its operation by the board of county commissioners, and moneys	18560
resulting from special levies submitted by the board of county	18561
commissioners as provided for in section 5705.22 of the Revised	18562
Code.	18563

(2) Of the funds used in the county hospital's operation, all	18564
or part of any amount determined not to be necessary to meet	18565
current demands on the hospital may be invested by the board of	18566
county hospital trustees or its designee in any classifications of	18567
securities and obligations eligible for deposit or investment of	18568
county moneys pursuant to section 135.35 of the Revised Code,	18569
subject to the approval of the board's written investment policy	18570
by the county investment advisory committee established pursuant	18571
to section 135.341 of the Revised Code.	18572

(3) Annually, not later than sixty days before the end of the	18573
fiscal year used by the county hospital, the board of county	18574
hospital trustees shall submit its proposed budget for the ensuing	18575
fiscal year to the board of county commissioners for that board's	18576
review. The board of county commissioners shall review and approve	18577
the proposed budget by the first day of the fiscal year to which	18578
the budget applies. If the board of county commissioners has not	18579
approved the budget by the first day of the fiscal year to which	18580
the budget applies, the budget is deemed to have been approved by	18581
the board on the first day of that fiscal year.	18582

(4) The board of county hospital trustees shall not expend	18583
funds received from taxes collected pursuant to any tax levied	18584
under section 5705.22 of the Revised Code or the amount	18585
appropriated to the county hospital by the board of county	18586
commissioners in the annual appropriation measure for the county	18587
until its budget for the applicable fiscal year is approved in	18588
accordance with division (C)(3) of this section. At any time the	18589
amount received from those sources differs from the amount shown	18590
in the approved budget, the board of county commissioners may	18591
require the board of county hospital trustees to revise the county	18592
hospital budget accordingly.	18593

(5) Funds under the control of the board of county hospital	18594
trustees may be disbursed by the board, consistent with the	18595
approved budget, for the uses and purposes of the county hospital;	18596
for the replacement of necessary equipment; for the acquisition,	18597
leasing, or construction of permanent improvements to county	18598
hospital property; or for making a donation authorized by division	18599
(E) of this section. Each disbursement of funds shall be made on a	18600
voucher signed by signatories designated and approved by the board	18601
of county hospital trustees.	18602

(6) The head of a board of county hospital trustees is not	18603
required to file an estimate of contemplated revenue and	18604
expenditures for the ensuing fiscal year under section 5705.28 of	18605
the Revised Code unless the board of county commissioners levies a	18606
tax for the county hospital, or such a tax is proposed, or the	18607
board of county hospital trustees desires that the board of county	18608
commissioners make an appropriation to the county hospital for the	18609
ensuing fiscal year.	18610

(7) All moneys appropriated by the board of county	18611
commissioners or from special levies by the board of county	18612
commissioners for the operation of the hospital, when collected	18613
shall be paid to the board of county hospital trustees on a	18614
warrant of the county auditor and approved by the board of county	18615
commissioners.	18616

(8) The board of county hospital trustees shall provide for	18617
the conduct of an annual financial audit of the county hospital.	18618
Not later than thirty days after it receives the final report of	18619
an annual financial audit, the board shall file a copy of the	18620
report with the board of county commissioners.	18621

(E) For the public purpose of improving the health, safety,	18622
and general welfare of the community, the board of county hospital	18623
trustees may donate to a nonprofit entity any of the following:	18624

(1) Moneys and other financial assets determined not to be	18625
necessary to meet current demands on the hospital;	18626

(2) Surplus hospital property, including supplies, equipment,	18627
office facilities, and other property that is not real estate or	18628
an interest in real estate;	18629

(3) Services rendered by the hospital.

18630

(F)(1) For purposes of division (F)(2) of this section:

18631

(a) "Bank" has the same meaning as in section 1101.01 of the	18632
Revised Code.	18633

(b) "Savings and loan association" has the same meaning as in	18634
section 1151.01 of the Revised Code.	18635

(c) "Savings bank" has the same meaning as in section 1161.01	18636
of the Revised Code.	18637

(2) The board of county hospital trustees may enter into a	18638
contract for a secured line of credit with a bank, savings and	18639
loan association, or savings bank if the contract meets all of the	18640
following requirements:	18641

(a) The term of the contract does not exceed one year, except	18642
that the contract may provide for the automatic renewal of the	18643
contract for up to four additional one-year periods if, on the	18644
date of automatic renewal, the aggregate outstanding draws	18645
remaining unpaid under the secured line of credit do not exceed	18646
fifty per cent of the maximum amount that can be drawn under the	18647
secured line of credit.	18648

(b) The contract provides that the bank, savings and loan	18649
association, or savings bank shall not commence a civil action	18650
against the board of county commissioners, any member of the	18651
board, or the county to recover the principal, interest, or any	18652
charges or other amounts that remain outstanding on the secured	18653
line of credit at the time of any default by the board of county	18654
hospital trustees.	18655

(c) The contract provides that no assets other than those of	18656
the county hospital can be used to secure the line of credit.	18657

(d) The terms and conditions of the contract comply with all	18658
state and federal statutes and rules governing the extension of a	18659
secured line of credit.	18660

(3) Any obligation incurred by a board of county hospital	18661
trustees under division (F)(2) of this section is an obligation of	18662
that board only and not a general obligation of the board of	18663
county commissioners or the county within the meaning of division	18664
(Q) of section 133.01 of the Revised Code.	18665

(4) Notwithstanding anything to the contrary in the Revised	18666
Code, the board of county hospital trustees may secure the line of	18667
credit authorized under division (F)(2) of this section by the	18668
grant of a security interest in any part or all of its tangible	18669
personal property and intangible personal property, including its	18670
deposit accounts, accounts receivable, or both.	18671

(5) No board of county hospital trustees shall at any time	18672
have more than one secured line of credit under division (F)(2) of	18673
this section.	18674

(G) The board of county hospital trustees shall establish a	18675
schedule of charges for all services and treatment rendered by the	18676
county hospital. It may provide for the free treatment in the	18677
hospital of soldiers, sailors, and marines of the county, under	18678
such conditions and rules as it prescribes.	18679

(H) The board of county hospital trustees may designate the	18680
amounts and forms of insurance protection to be provided, and the	18681
board of county commissioners shall assist in obtaining such	18682
protection. The expense of providing the protection shall be paid	18683
from hospital operating funds.	18684

(I) The board of county hospital trustees may authorize a	18685
county hospital and each of its units, hospital board members,	18686
designated hospital employees, and medical staff members to be a	18687
member of and maintain membership in any local, state, or national	18688
group or association organized and operated for the promotion of	18689
the public health and welfare or advancement of the efficiency of	18690
hospital administration and in connection therewith to use tax	18691
funds for the payment of dues and fees and related expenses but	18692
nothing in this section prohibits the board from using receipts	18693
from hospital operation, other than tax funds, for the payment of	18694
such dues and fees.	18695

(J) The following apply to the board of county hospital	18696
trustees in relation to its employees and the employees of the	18697
county hospital:	18698

(1) The board shall adopt the wage and salary schedule for	18699
employees.	18700

(2) The board may employ the hospital's administrator	18701
pursuant to section 339.07 of the Revised Code, and the	18702
administrator may employ individuals for the hospital in	18703
accordance with that section.	18704

(3) The board may employ assistants as necessary to perform	18705
its clerical work, superintend properly the construction of the	18706
county hospital, and pay the hospital's expenses. Such employees	18707
may be paid from funds provided for the county hospital.	18708

(4) The board may hire, by contract or as salaried employees,	18709
such management consultants, accountants, attorneys, engineers,	18710
architects, construction managers, and other professional advisors	18711
as it determines are necessary and desirable to assist in the	18712
management of the programs and operation of the county hospital.	18713
Such professional advisors may be paid from county hospital	18714
operating funds.	18715

(5) Notwithstanding section 325.19 of the Revised Code, the	18716
board may grant to employees any fringe benefits the board	18717
determines to be customary and usual in the nonprofit hospital	18718
field in its community, including, but not limited to:	18719

(a) Additional vacation leave with full pay for full-time	18720
employees, including full-time hourly rate employees, after	18721
service of one year;	18722

(b) Vacation leave and holiday pay for part-time employees on	18723
a pro rata basis;	18724

(c) Leave with full pay due to death in the employee's	18725
immediate family, which shall not be deducted from the employee's	18726
accumulated sick leave;	18727

(d) Premium pay for working on holidays listed in section	18728
325.19 of the Revised Code;	18729

(e) Moving expenses for new employees;

18730

(f) Discounts on hospital supplies and services.

18731

(6) The board may provide holiday leave by observing Martin	18732
Luther King day, Washington-Lincoln day, Columbus day, and	18733
Veterans' day on days other than those specified in section 1.14	18734
of the Revised Code.	18735

(7) The board may grant to employees the insurance benefits	18736
authorized by section 339.16 of the Revised Code.	18737

(8) Notwithstanding section 325.19 of the Revised Code, the	18738
board may grant to employees, including hourly rate employees,	18739
such personal holidays as the board determines to be customary and	18740
usual in the hospital field in its community.	18741

(9) The board may provide employee recognition awards and	18742
hold employee recognition dinners.	18743

(10) The board may grant to employees the recruitment and	18744
retention benefits specified under division (K) of this section.	18745

(K) Notwithstanding sections 325.191 and 325.20 of the	18746
Revised Code, the board of county hospital trustees may provide,	18747
without the prior authorization of the board of county	18748
commissioners, scholarships for education in the health care	18749
professions, tuition reimbursement, and other staff development	18750
programs to enhance the skills of health care professionals for	18751
the purpose of recruiting or retaining qualified employees.	18752

The board of county hospital trustees may pay reasonable	18753
expenses for recruiting or retaining physicians and other	18754
appropriate health care practitioners.	18755

(L) The board of county hospital trustees may retain counsel	18756
and institute legal action in its own name for the collection of	18757
delinquent accounts. The board may also employ any other lawful	18758
means for the collection of delinquent accounts.	18759

Sec. 339.07. (A) The board of county hospital trustees shall	18760
provide for the administration of the county hospital by directly	18761
employing a hospital administrator or by entering into a contract	18762
for the management of the hospital under which an administrator is	18763
provided. When an administrator is employed directly, the board	18764
shall adopt a job description delineating the administrator's	18765
powers and duties and the board may pay the administrator's salary	18766
and other benefits from funds provided for the hospital.	18767

(B) During the construction and equipping of the hospital,	18768
the administrator shall act in an advisory capacity to the board	18769
of county hospital trustees. After the hospital is completed, the	18770
administrator shall serve as the chief executive officer and shall	18771
carry out the administration of the county hospital according to	18772
the policies set forth by the board and any written delegation.	18773

The administrator shall administer the county hospital, make	18774
reports, and take any other action that the administrator	18775
determines is necessary for the operation of the hospital.	18776

At the end of each fiscal year, the administrator shall	18777
submit to the board a complete financial statement showing the	18778
receipts, revenues, and expenditures in detail for the entire	18779
fiscal year.	18780

The administrator shall ensure that the hospital has such	18781
physicians, nurses, and other employees as are necessary for the	18782
proper care, control, and management of the county hospital and	18783
its patients. The physicians, nurses, and other employees may be	18784
suspended or removed by the administrator at any time the welfare	18785
of the hospital warrants suspension or removal. The administrator	18786
may obtain physicians, nurses, and other employees by direct	18787
employment, entering into contracts, or granting authority to	18788
practice in the hospital. Persons employed directly shall be in	18789
the unclassified civil service, pursuant to section 124.11 of the	18790
Revised Code.	18791

Sec. 340.01. (A) As used in this chapter, "addiction,"	18792
"addiction services," "alcohol and drug addiction services," ~~and~~	18793
"community addiction services provider," "community mental health	18794
services provider," "~~alcohol and drug addiction programs~~gambling	18795
addiction services," "mental health services," and "mental	18796
illness" have the same meanings as in section ~~3793.01~~5119.01 of	18797
the Revised Code.	18798

(B) An alcohol, drug addiction, and mental health service	18799
district shall be established in any county or combination of	18800
counties having a population of at least fifty thousand to provide	18801
~~alcohol and drug~~ addiction services and mental health services.	18802
With the approval of the ~~directors~~director of ~~mental health and~~	18803
~~alcohol and drug addiction services~~mental health and addiction	18804
services, any county or combination of counties having a	18805
population of less than fifty thousand may establish such a	18806
district. Districts comprising more than one county shall be known	18807
as joint-county districts.	18808

The board of county commissioners of any county participating	18809
in a joint-county district may submit a resolution requesting	18810
withdrawal from the district together with a comprehensive plan or	18811
plans that are in compliance with rules adopted by the director of	18812
~~mental health~~mental health and addiction services under ~~section~~	18813
~~5119.61~~section 5119.22 of the Revised Code ~~and rules adopted by~~	18814
~~the department of alcohol and drug addiction services under~~	18815
~~section 3793.05 of the Revised Code~~, and that provide for the	18816
equitable adjustment and division of all services, assets,	18817
property, debts, and obligations, if any, of the joint-county	18818
district to the board of alcohol, drug addiction, and mental	18819
health services, to the boards of county commissioners of each	18820
county in the district, and to the directors. No county	18821
participating in a joint-county service district may withdraw from	18822
the district without the consent of the ~~directors~~director of	18823
~~mental health and alcohol and drug addiction services~~mental	18824
health and addiction services nor earlier than one year after the	18825
submission of such resolution unless all of the participating	18826
counties agree to an earlier withdrawal. Any county withdrawing	18827
from a joint-county district shall continue to have levied against	18828
its tax list and duplicate any tax levied by the district during	18829
the period in which the county was a member of the district until	18830
such time as the levy expires or is renewed or replaced.	18831

Sec. 340.011. (A) This chapter shall be interpreted to	18832
accomplish all of the following:	18833

(1) Establish a unified system of treatment for mentally ill	18834
persons and persons with addictions;	18835

(2) Establish a community support system available for every	18836
alcohol, drug addiction, and mental health service district;	18837

(3) Protect the personal liberty of mentally ill persons so	18838
that they may be treated in the least restrictive environment;	18839

(4) Encourage the development of high quality, cost	18840
effective, and comprehensive services, including culturally	18841
sensitive services;	18842

(5) Foster the development of comprehensive community mental	18843
health services, based on recognized local needs, especially for	18844
severely mentally disabled children, adolescents, and adults;	18845

(6) Ensure that services provided meet minimum standards	18846
established by the director of ~~mental health or the department of~~	18847
~~alcohol and drug addiction services~~mental health and addiction	18848
services;	18849

(7) Promote the delivery of high quality and cost-effective	18850
~~alcohol and drug~~ addiction and mental health services;	18851

(8) Promote the participation of ~~consumers of~~persons	18852
receiving mental health services and ~~alcohol and drug~~ addiction	18853
services in the planning, delivery, and evaluation of these	18854
services.	18855

(B) Nothing in Chapter 340., ~~3793.,~~ 5119., or 5122. of the	18856
Revised Code shall be construed as requiring a board of county	18857
commissioners to provide resources beyond the total amount set	18858
forth in a ~~community~~budget and statement of services to be	18859
provided by the alcohol, drug addiction, and mental health ~~plan~~	18860
services board, as developed and submitted under section ~~340.03~~	18861
340.08 of the Revised Code~~, to provide the services listed in~~	18862
~~section 340.09 of the Revised Code, and nothing in those chapters~~	18863
~~shall be construed as requiring a board of county commissioners to~~	18864
~~provide resources beyond the total amount set forth in a plan for~~	18865
~~alcohol and drug addiction services, prepared and submitted in~~	18866
~~accordance with sections 340.033 and 3793.05 of the Revised Code,~~	18867
~~to provide alcohol and drug addiction services~~.	18868

Sec. 340.02. ~~As used in this section, "mental health~~	18869
~~professional" means a person who is qualified to work with~~	18870
~~mentally ill persons, pursuant to standards established by the~~	18871
~~director of mental health under section 5119.611 of the Revised~~	18872
~~Code.~~	18873

(A) For each alcohol, drug addiction, and mental health	18874
service district, there shall be appointed a board of alcohol,	18875
drug addiction, and mental health services consisting of eighteen	18876
members or fourteen members, at the election of the board. Not	18877
later than January 1, 2014, each board of alcohol, drug addiction,	18878
and mental health services shall notify the department of mental	18879
health and addiction services of its election to continue to	18880
operate as an eighteen-member board or to transition to operation	18881
as a fourteen-member board. The election shall be final. Failure	18882
to provide notice of its election to the department on or before	18883
January 1, 2014, shall constitute an election to continue to	18884
operate as an eighteen-member board. If an existing board provides	18885
timely notice of its election to transition to operate as a	18886
fourteen-member board, the number of board members may decline	18887
from eighteen to fourteen by attrition as current members' terms	18888
expire. However, the composition of the board must reflect the	18889
requirements set forth in this section for fourteen-member boards.	18890
~~Nine~~For all boards, half of the members shall be interested in	18891
mental health ~~programs and facilities~~services and ~~nine other~~	18892
half of the members shall be interested in alcohol or, drug, or	18893
gambling addiction ~~programs~~services. All members shall be	18894
residents of the service district. The membership shall, as nearly	18895
as possible, reflect the composition of the population of the	18896
service district as to race and sex.	18897

~~The~~(B) For boards operating as eighteen-member boards, the	18898
director of ~~mental health~~mental health and addiction services	18899
shall appoint ~~four~~eight members of the board~~, the director of~~	18900
~~alcohol and drug addiction services shall appoint four members,~~	18901
and the board of county commissioners shall appoint ten members.	18902
For boards operating as fourteen-member boards, the director of	18903
mental health and addiction services shall appoint six members of	18904
the board and the board of county commissioners shall appoint	18905
eight members. In a joint-county district, the county	18906
commissioners of each participating county shall appoint members	18907
in as nearly as possible the same proportion as that county's	18908
population bears to the total population of the district, except	18909
that at least one member shall be appointed from each	18910
participating county.	18911

(C) The director of ~~mental health~~mental health and addiction	18912
services shall ensure that at least one member of the board is a	18913
~~psychiatrist and one member of the board is a mental health~~	18914
~~professional. If the appointment of a psychiatrist is not~~	18915
~~possible, as determined under rules adopted by the director, a~~	18916
~~licensed physician may be appointed in place of the psychiatrist.~~	18917
~~If the appointment of a licensed physician is not possible, the~~	18918
~~director of mental health may waive the requirement that the~~	18919
~~psychiatrist or licensed physician be a resident of the service~~	18920
~~district and appoint a psychiatrist or licensed physician from a~~	18921
~~contiguous county. The director of mental health shall ensure that~~	18922
clinician with experience in the delivery of mental health	18923
services, at least one member of the board is a person who has	18924
received or is receiving mental health services paid for by public	18925
funds ~~and~~, at least one member of the board is a parent or other	18926
relative of such a person.	18927

~~The director of alcohol and drug addiction services shall~~	18928
~~ensure that at least one member of the board is a professional in~~	18929
~~the field of alcohol or drug addiction services and one member of~~	18930
~~the board is an advocate for persons receiving treatment for~~	18931
~~alcohol or drug addiction. Of the members appointed by the~~	18932
~~director of alcohol and drug addiction services~~, at least one	18933
member of the board is a clinician with experience in the delivery	18934
of addiction services, at least one ~~shall be~~member of the board	18935
is a person who has received or is receiving ~~services for alcohol~~	18936
~~or drug~~ addiction services paid for by public funds, and at least	18937
one ~~shall be~~member of the board is a parent or other relative of	18938
such a person. A single member who meets both qualifications may	18939
fulfill the requirement for a clinician with experience in the	18940
delivery of mental health services and a clinician with experience	18941
in the delivery of addiction services.	18942

(D) No member or employee of a board of alcohol, drug	18943
addiction, and mental health services shall serve as a member of	18944
the board of any ~~agency~~provider with which the board of alcohol,	18945
drug addiction, and mental health services has entered into a	18946
contract for the provision of services or facilities. No member of	18947
a board of alcohol, drug addiction, and mental health services	18948
shall be an employee of any ~~agency~~provider with which the board	18949
has entered into a contract for the provision of services or	18950
facilities~~, unless the board member's employment duties with the~~	18951
~~agency consist of providing, only outside the district the board~~	18952
~~serves, services for which the medicaid program pays~~. No person	18953
shall be an employee of a board and such ~~an agency~~a provider	18954
unless the board and ~~agency~~provider both agree in writing.	18955

(E) No person shall serve as a member of the board of	18956
alcohol, drug addiction, and mental health services whose spouse,	18957
child, parent, brother, sister, grandchild, stepparent, stepchild,	18958
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	18959
daughter-in-law, brother-in-law, or sister-in-law serves as a	18960
member of the board of any ~~agency~~provider with which the board of	18961
alcohol, drug addiction, and mental health services has entered	18962
into a contract for the provision of services or facilities. No	18963
person shall serve as a member or employee of the board whose	18964
spouse, child, parent, brother, sister, stepparent, stepchild,	18965
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	18966
daughter-in-law, brother-in-law, or sister-in-law serves as a	18967
county commissioner of a county or counties in the alcohol, drug	18968
addiction, and mental health service district.	18969

(F) Each year each board member shall attend at least one	18970
inservice training session provided or approved by the department	18971
of ~~mental health or the department of alcohol and drug addiction~~	18972
~~services~~mental health and addiction services. ~~Such training~~	18973
~~sessions shall not be considered to be regularly scheduled~~	18974
~~meetings of the board.~~	18975

~~Each~~(G) For boards operating as eighteen-member boards, each	18976
member shall be appointed for a term of four years, commencing the	18977
first day of July, except that one-third of initial appointments	18978
to a newly established board, and to the extent possible to	18979
expanded boards, shall be for terms of two years, one-third of	18980
initial appointments shall be for terms of three years, and	18981
one-third of initial appointments shall be for terms of four	18982
years. For boards operating as fourteen-member boards, each member	18983
shall be appointed for a term of four years, commencing the first	18984
day of July, except that four of the initial appointments to a	18985
newly established board, and to the extent possible to expanded	18986
boards, shall be for terms of two years, five initial appointments	18987
shall be for terms of three years, and five initial appointments	18988
shall be for terms of four years. No member shall serve more than	18989
two consecutive four-year terms under the same appointing	18990
authority. A member may serve for three consecutive terms under	18991
the same appointing authority only if one of the terms is for less	18992
than two years. A member who has served two consecutive four-year	18993
terms or three consecutive terms totaling less than ten years is	18994
eligible for reappointment by the same appointing authority one	18995
year following the end of the second or third term, respectively.	18996

When a vacancy occurs, appointment for the expired or	18997
unexpired term shall be made in the same manner as an original	18998
appointment. The appointing authority shall be notified by	18999
certified mail of any vacancy and shall fill the vacancy within	19000
sixty days following that notice.	19001

Any member of the board may be removed from office by the	19002
appointing authority for neglect of duty, misconduct, or	19003
malfeasance in office, and shall be removed by the appointing	19004
authority if the member is barred by this section from serving as	19005
a board member. The member shall be informed in writing of the	19006
charges and afforded an opportunity for a hearing. Upon the	19007
absence of a member within one year from either four board	19008
meetings or from two board meetings without prior notice, the	19009
board shall notify the appointing authority, which may vacate the	19010
appointment and appoint another person to complete the member's	19011
term.	19012

Members of the board shall serve without compensation, but	19013
shall be reimbursed for actual and necessary expenses incurred in	19014
the performance of their official duties, as defined by rules of	19015
the ~~departments~~department of ~~mental health and alcohol and drug~~	19016
~~addiction services~~mental health and addiction services.	19017

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	19018
health service district ~~comprised of a county with a population of~~	19019
~~two hundred fifty thousand or more on October 10, 1989, the board~~	19020
~~of county commissioners shall, within thirty days of October 10,~~	19021
~~1989, establish an alcohol and drug addiction services board as~~	19022
~~the entity responsible for providing alcohol and drug addiction~~	19023
~~services in the county, unless, prior to that date, the board~~	19024
~~adopts a resolution providing that the entity responsible for~~	19025
~~providing the services is a board of alcohol, drug addiction, and~~	19026
~~mental health services. If~~where the board of county commissioners	19027
~~establishes~~has established an alcohol and drug addiction services	19028
board, the community mental health board established under former	19029
section 340.02 of the Revised Code shall serve as the entity	19030
responsible for providing mental health services in the county. A	19031
community mental health board has all the powers, duties, and	19032
obligations of a board of alcohol, drug addiction, and mental	19033
health services with regard to mental health services. An alcohol	19034
and drug addiction services board has all the powers, duties, and	19035
obligations of a board of alcohol, drug addiction, and mental	19036
health services with regard to ~~alcohol and drug~~ addiction	19037
services. Any provision of the Revised Code that refers to a board	19038
of alcohol, drug addiction, and mental health services with regard	19039
to mental health services also refers to a community mental health	19040
board and any provision that refers to a board of alcohol, drug	19041
addiction, and mental health services with regard to alcohol and	19042
drug addiction services also refers to an alcohol and drug	19043
addiction services board.	19044

An alcohol and drug addiction services board shall consist of	19045
eighteen members or fourteen members, ~~six of whom~~at the election	19046
of the board. Not later than January 1, 2014, each alcohol and	19047
drug addiction services board shall notify the department of	19048
mental health and addiction services of its election to operate as	19049
an eighteen-member board or to operate as a fourteen-member board.	19050
The election shall be final. Failure to provide notice of its	19051
election to the department on or before January 1, 2014, shall	19052
constitute an election to continue to operate as an	19053
eighteen-member board. If an existing board provides timely notice	19054
of its election to operate as a fourteen-member board, the number	19055
of board members may decline from eighteen to fourteen by	19056
attrition as current members' terms expire. However, the	19057
composition of the board must reflect the requirements set forth	19058
in this section and in applicable provisions of section 340.02 of	19059
the Revised Code for fourteen-member boards. For boards operating	19060
as eighteen-member boards, eight members shall be appointed by the	19061
director of ~~alcohol and drug addiction services~~mental health and	19062
addiction services and ~~twelve of whom~~ten members shall be	19063
appointed by the board of county commissioners. ~~Of the members~~	19064
~~appointed by the~~The director~~, one shall be~~of mental health and	19065
addiction services shall ensure that at least one member of the	19066
board is a person who has received or is receiving services for	19067
alcohol or, drug, or gambling addiction, at least one ~~shall be~~	19068
member is a parent or relative of such a person, and at least one	19069
~~shall be~~member is a ~~professional in the field of alcohol or drug~~	19070
clinician with experience in the delivery of addiction services,	19071
~~and one shall be an advocate for persons receiving treatment for~~	19072
~~alcohol or drug addiction~~. The membership of the board shall, as	19073
nearly as possible, reflect the composition of the population of	19074
the service district as to race and sex. Members shall be	19075
residents of the service district and shall be interested in	19076
alcohol ~~and~~, drug, or gambling addiction services. Requirements	19077
for membership, including prohibitions against certain family and	19078
business relationships, and terms of office shall be the same as	19079
those for members of boards of alcohol, drug addiction, and mental	19080
health services.	19081

A community mental health board shall consist of eighteen	19082
members or fourteen members, at the election of the board. Not	19083
later than January 1, 2014, each community mental health board	19084
shall notify the department of mental health and addiction	19085
services of its election to operate as an eighteen-member board or	19086
to operate as a fourteen-member board. The election shall be	19087
final. Failure to provide notice of its election to the department	19088
on or before January 1, 2014, shall constitute an election to	19089
continue to operate as an eighteen-member board. If an existing	19090
board provides timely notice of its election to operate as a	19091
fourteen-member board, the number of board members may decline	19092
from eighteen to fourteen by attrition as current members' terms	19093
expire. However, the composition of the board must reflect the	19094
requirements set forth in this section and in applicable	19095
provisions of section 340.02 of the Revised Code for	19096
fourteen-member boards. For boards operating as eighteen-member	19097
boards, ~~six of whom~~eight members shall be appointed by the	19098
director of ~~mental health~~mental health and addiction services and	19099
~~twelve of whom~~ten members shall be appointed by the board of	19100
county commissioners. ~~Of the members appointed by the~~The	19101
director~~, one shall be~~of mental health and addiction services	19102
shall ensure that at least one member of the board is a person who	19103
has received or is receiving mental health services, at least one	19104
~~shall be~~member is a parent or relative of such a person, and at	19105
least one ~~shall be~~member is a ~~psychiatrist or a physician, and~~	19106
~~one shall be a~~clinician with experience in the delivery of	19107
mental health ~~professional~~services. The membership of the board	19108
as nearly as possible shall reflect the composition of the	19109
population of the service district as to race and sex. Members	19110
shall be residents of the service district and shall be interested	19111
in mental health services. Requirements for membership, including	19112
prohibitions against certain family and business relationships,	19113
and terms of office shall be the same as those for members of	19114
boards of alcohol, drug addiction, and mental health services.	19115

(B) ~~If a board of county commissioners subject to division~~	19116
~~(A) of this section did not adopt a resolution providing for a~~	19117
~~board of alcohol, drug addiction, and mental health services, the~~	19118
~~board of county commissioners may establish such a board in~~	19119
~~accordance with the following procedures:~~	19120

~~(1) Not later than January 1, 2007, the board of county~~	19121
~~commissioners shall adopt a resolution expressing its intent to~~	19122
~~establish a board of alcohol, drug addiction, and mental health~~	19123
~~services.~~	19124

~~(2) After adopting a resolution under division (B)(1) of this~~	19125
~~section, the board of county commissioners shall instruct the~~	19126
~~county's community mental health board and alcohol and drug~~	19127
~~addiction services board to prepare a report on the feasibility,~~	19128
~~process, and proposed plan to establish a board of alcohol, drug~~	19129
~~addiction, and mental health services. The board of county~~	19130
~~commissioners shall specify the date by which the report must be~~	19131
~~submitted to the board for its review.~~	19132

~~(3) After reviewing the report prepared under division (B)(2)~~	19133
~~of this section, the board may adopt a final resolution~~	19134
~~establishing a board of alcohol, drug addiction, and mental health~~	19135
~~services. A final resolution establishing such a board shall be~~	19136
~~adopted not later than July 1, 2007.~~	19137

~~(C)~~(1) If a board of county commissioners subject to division	19138
(A) of this section did not adopt a final resolution providing for	19139
a board of alcohol, drug addiction, and mental health services ~~and~~	19140
~~did not establish such a board under division (B) of this section~~	19141
on or before July 1, 2007, the board of county commissioners may	19142
establish a board of alcohol, drug addiction, and mental health	19143
services on or after the effective date of this amendment. To	19144
establish the board, the board of county commissioners shall adopt	19145
a resolution providing for the board's establishment. The	19146
composition of the board, the procedures for appointing members,	19147
and all other matters related to the board and its members are	19148
subject to section 340.02 of the Revised Code, with the following	19149
exceptions:	19150

(a) For initial appointments to the board, the county's	19151
community mental health board and alcohol and drug addiction	19152
services board shall jointly recommend members of those boards for	19153
reappointment and shall submit the recommendations to the board of	19154
county commissioners~~, director of mental health,~~ and the director	19155
of ~~alcohol and drug addiction services~~mental health and addiction	19156
services.	19157

(b) To the greatest extent possible, the appointing	19158
authorities shall appoint the initial members from among the	19159
members jointly recommended under division ~~(C)~~(B)(1)(a) of this	19160
section.	19161

(2) If a board of alcohol, drug addiction, and mental health	19162
services is established pursuant to division ~~(C)~~(B)(1) of this	19163
section, the board has the same rights, privileges, immunities,	19164
powers, and duties that were possessed by the county's community	19165
mental health board and alcohol and drug addiction services board.	19166
When the board is established, all property and obligations of the	19167
community mental health board and alcohol and drug addiction	19168
services board shall be transferred to the board of alcohol, drug	19169
addiction, and mental health services.	19170

Sec. 340.03. (A) Subject to rules issued by the director of	19171
~~mental health~~mental health and addiction services after	19172
consultation with relevant constituencies as required by division	19173
~~(L)~~(A)(10) of section ~~5119.06~~5119.21 of the Revised Code, ~~with~~	19174
~~regard to mental health services,~~ the board of alcohol, drug	19175
addiction, and mental health services shall:	19176

(1) Serve as the community addiction and mental health	19177
services planning agency for the county or counties under its	19178
jurisdiction, and in so doing it shall:	19179

(a) Evaluate the need for facilities and community addiction	19180
and mental health services;	19181

(b) In cooperation with other local and regional planning and	19182
funding bodies and with relevant ethnic organizations, assess the	19183
community addiction and mental health needs, evaluate strengths	19184
and challenges, and set priorities~~, and develop plans~~ for ~~the~~	19185
~~operation of facilities and~~ community addiction and mental health	19186
services, including treatment and prevention. When the board sets	19187
priorities for the operation of addiction services, the board	19188
shall consult with the county commissioners of the counties in the	19189
board's service district regarding the services described in	19190
section 340.15 of the Revised Code and shall give priority to	19191
those services, except that those services shall not have a	19192
priority over services provided to pregnant women under programs	19193
developed in relation to the mandate established in section	19194
5119.17 of the Revised Code;	19195

(c) In accordance with guidelines issued by the director of	19196
~~mental health~~mental health and addiction services after	19197
consultation with board representatives, annually develop and	19198
submit to the department of ~~mental health~~mental health and	19199
addiction services a community addiction and mental health	19200
services plan listing community addiction and mental health	19201
services needs, including the needs of all residents of the	19202
district ~~now residing in state mental institutions and severely~~	19203
~~mentally disabled adults, children, and adolescents;~~currently	19204
receiving inpatient services in state-operated hospitals, the	19205
needs of other populations as required by state or federal law or	19206
programs, the needs of all children subject to a determination	19207
made pursuant to section 121.38 of the Revised Code;, and ~~all the~~	19208
priorities for facilities and community addiction and mental	19209
health services ~~that are or will be in operation or provided~~	19210
during the period for which the plan will be in ~~operation in the~~	19211
~~service district to meet such needs~~effect.	19212

In alcohol, drug addiction, and mental health service	19213
districts that have separate alcohol and drug addiction services	19214
and community mental health services boards, the alcohol and drug	19215
addiction services board shall submit a community addiction	19216
services plan and the community mental health services board shall	19217
submit a community mental health services plan. Each board shall	19218
consult with its counterpart in developing its plan and address	19219
the interaction between the local addiction services and mental	19220
health services systems and populations with regard to needs and	19221
priorities in developing its plan.	19222

~~The plan shall include, but not be limited to, a statement of~~	19223
~~which of the services listed in section 340.09 of the Revised Code~~	19224
~~the board intends to make available. The board must include crisis~~	19225
~~intervention services for individuals in an emergency situation in~~	19226
~~the plan and explain how the board intends to make such services~~	19227
~~available. The plan must also include a statement of the inpatient~~	19228
~~and community-based services the board proposes that the~~	19229
~~department operate, an assessment of the number and types of~~	19230
~~residential facilities needed, such other information as the~~	19231
~~department requests, and a budget for moneys the board expects to~~	19232
~~receive.~~ The department shall approve or disapprove the plan, in	19233
whole or in part, according to the criteria developed pursuant to	19234
section ~~5119.61~~5119.22 of the Revised Code. ~~The department's~~	19235
~~statement of approval or disapproval shall specify the inpatient~~	19236
~~and the community-based services that the department will operate~~	19237
~~for the board.~~ Eligibility for state and federal funding shall be	19238
contingent upon an approved plan or relevant part of a plan.	19239

If a board determines that it is necessary to amend a plan or	19240
~~an allocation request~~ that has been approved under division	19241
(A)(1)(c) of this section, the board shall submit a proposed	19242
amendment to the director. The director may approve or disapprove	19243
all or part of the amendment. The director shall inform the board	19244
of the reasons for disapproval of all or part of an amendment and	19245
of the criteria that must be met before the amendment may be	19246
approved. The director shall provide the board an opportunity to	19247
present its case on behalf of the amendment. The director shall	19248
give the board a reasonable time in which to meet the criteria,	19249
and shall offer the board technical assistance to help it meet the	19250
criteria.	19251

The board shall ~~implement~~operate in accordance with the plan	19252
approved by the department.	19253

(d) Promote, arrange, and implement working agreements with	19254
social agencies, both public and private, and with judicial	19255
agencies.	19256

(2) Investigate, or request another agency to investigate,	19257
any complaint alleging abuse or neglect of any person receiving	19258
services from a community addiction or mental health ~~agency as~~	19259
~~defined in section 5122.01 of the Revised Code~~services provider	19260
certified under section 5119.36 of the Revised Code or alleging	19261
abuse or neglect of a ~~person~~resident receiving addiction services	19262
or with mental illness or severe mental disability residing in a	19263
residential facility licensed under section ~~5119.22~~5119.34 of the	19264
Revised Code. If the investigation substantiates the charge of	19265
abuse or neglect, the board shall take whatever action it	19266
determines is necessary to correct the situation, including	19267
notification of the appropriate authorities. Upon request, the	19268
board shall provide information about such investigations to the	19269
department.	19270

(3) For the purpose of section ~~5119.611~~5119.36 of the	19271
Revised Code, cooperate with the director of ~~mental health~~mental	19272
health and addiction services in visiting and evaluating whether	19273
the services of a community addiction or mental health ~~agency~~	19274
services provider satisfy the certification standards established	19275
by rules adopted under that section;	19276

(4) In accordance with criteria established under division	19277
(E) of section ~~5119.61~~5119.22 of the Revised Code, conduct	19278
program audits that review and evaluate the quality,	19279
effectiveness, and efficiency of services provided through its	19280
community addiction and mental health ~~plan~~contracted services and	19281
submit its findings and recommendations to the department of	19282
~~mental health~~mental health and addiction services;	19283

(5) In accordance with section ~~5119.22~~5119.34 of the Revised	19284
Code, review an application for a residential facility license and	19285
provide to the department of ~~mental health~~mental health and	19286
addiction services any information about the applicant or facility	19287
that the board would like the department to consider in reviewing	19288
the application;	19289

(6) Audit, in accordance with rules adopted by the auditor of	19290
state pursuant to section 117.20 of the Revised Code, at least	19291
annually all ~~programs and~~ services provided under contract with	19292
the board. In so doing, the board may contract for or employ the	19293
services of private auditors. A copy of the fiscal audit report	19294
shall be provided to the director of ~~mental health~~mental health	19295
and addiction services, the auditor of state, and the county	19296
auditor of each county in the board's district.	19297

(7) Recruit and promote local financial support for addiction	19298
and mental health ~~programs~~services from private and public	19299
sources;	19300

(8)(a) Enter into contracts with public and private	19301
facilities for the operation of facility services ~~included in the~~	19302
~~board's community mental health plan~~ and enter into contracts with	19303
public and private community addiction and mental health ~~agencies~~	19304
service providers for the provision of community addiction and	19305
mental health services ~~that are listed in section 340.09 of the~~	19306
~~Revised Code and included in the board's community mental health~~	19307
~~plan~~. The board may not contract with a residential facility	19308
subject to section 5119.34 of the Revised Code unless the facility	19309
is licensed by the director of mental health and addiction	19310
services and may not contract with a community addiction or mental	19311
health ~~agency~~services provider to provide community addiction or	19312
mental health services ~~included in the board's community mental~~	19313
~~health plan~~ unless the services are certified by the director of	19314
~~mental health~~mental health and addiction services under section	19315
~~5119.611~~5119.36 of the Revised Code. Section 307.86 of the	19316
Revised Code does not apply to contracts entered into under this	19317
division. In contracting with a community addiction or mental	19318
health ~~agency~~services provider, a board shall consider the cost	19319
effectiveness of services provided by that ~~agency~~provider and	19320
the quality and continuity of care, and may review cost elements,	19321
including salary costs, of the services to be provided. A	19322
utilization review process ~~shall~~may be established as part of the	19323
contract for services entered into between a board and a community	19324
addiction or mental health ~~agency~~services provider. The board	19325
may establish this process in a way that is most effective and	19326
efficient in meeting local needs. ~~Until July 1, 2012, a contract~~	19327
~~with a community mental health agency or facility, as defined in~~	19328
~~section 5111.023 of the Revised Code, to provide services listed~~	19329
~~in division (B) of that section shall provide for the agency or~~	19330
~~facility to be paid in accordance with the contract entered into~~	19331
~~between the departments of job and family services and mental~~	19332
~~health under section 5111.91 of the Revised Code and any rules~~	19333
~~adopted under division (A) of section 5119.61 of the Revised Code.~~	19334

If either the board or a facility or community addiction or	19335
mental health ~~agency~~services provider with which the board	19336
contracts under division (A)(8)(a) of this section proposes not to	19337
renew the contract or proposes substantial changes in contract	19338
terms, the other party shall be given written notice at least one	19339
hundred twenty days before the expiration date of the contract.	19340
During the first sixty days of this one hundred twenty-day period,	19341
both parties shall attempt to resolve any dispute through good	19342
faith collaboration and negotiation in order to continue to	19343
provide services to persons in need. If the dispute has not been	19344
resolved sixty days before the expiration date of the contract,	19345
either party may notify the department of ~~mental health~~mental	19346
health and addiction services of the unresolved dispute. The	19347
director may require both parties to submit the dispute to a third	19348
party with the cost to be shared by the board and the facility or	19349
~~community mental health agency~~provider. The third party shall	19350
issue to the board, the facility or ~~agency~~provider, and the	19351
department recommendations on how the dispute may be resolved	19352
twenty days prior to the expiration date of the contract, unless	19353
both parties agree to a time extension. The director shall adopt	19354
rules establishing the procedures of this dispute resolution	19355
process.	19356

(b) With the prior approval of the director of ~~mental health~~	19357
mental health and addiction services, a board may operate a	19358
facility or provide a community addiction or mental health service	19359
as follows, if there is no other qualified private or public	19360
facility or community addiction or mental health ~~agency~~services	19361
provider that is immediately available and willing to operate such	19362
a facility or provide the service:	19363

(i) In an emergency situation, any board may operate a	19364
facility or provide a community addiction or mental health service	19365
in order to provide essential services for the duration of the	19366
emergency;	19367

(ii) In a service district with a population of at least one	19368
hundred thousand but less than five hundred thousand, a board may	19369
operate a facility or provide a community addiction or mental	19370
health service for no longer than one year;	19371

(iii) In a service district with a population of less than	19372
one hundred thousand, a board may operate a facility or provide a	19373
community addiction or mental health service for no longer than	19374
one year, except that such a board may operate a facility or	19375
provide a community addiction or mental health service for more	19376
than one year with the prior approval of the director and the	19377
prior approval of the board of county commissioners, or of a	19378
majority of the boards of county commissioners if the district is	19379
a joint-county district.	19380

The director shall not give a board approval to operate a	19381
facility or provide a community addiction or mental health service	19382
under division (A)(8)(b)(ii) or (iii) of this section unless the	19383
director determines that it is not feasible to have the department	19384
operate the facility or provide the service.	19385

The director shall not give a board approval to operate a	19386
facility or provide a community addiction or mental health service	19387
under division (A)(8)(b)(iii) of this section unless the director	19388
determines that the board will provide greater administrative	19389
efficiency and more or better services than would be available if	19390
the board contracted with a private or public facility or	19391
community addiction or mental health ~~agency~~services provider.	19392

The director shall not give a board approval to operate a	19393
facility previously operated by a person or other government	19394
entity unless the board has established to the director's	19395
satisfaction that the person or other government entity cannot	19396
effectively operate the facility or that the person or other	19397
government entity has requested the board to take over operation	19398
of the facility. The director shall not give a board approval to	19399
provide a community addiction or mental health service previously	19400
provided by a community addiction or mental health ~~agency~~services	19401
provider unless the board has established to the director's	19402
satisfaction that the ~~agency~~provider cannot effectively provide	19403
the service or that the ~~agency~~provider has requested the board	19404
take over providing the service.	19405

The director shall review and evaluate a board's operation of	19406
a facility and provision of community addiction or mental health	19407
service under division (A)(8)(b) of this section.	19408

Nothing in division (A)(8)(b) of this section authorizes a	19409
board to administer or direct the daily operation of any facility	19410
or community addiction or mental health ~~agency~~services provider,	19411
but a facility or ~~agency~~provider may contract with a board to	19412
receive administrative services or staff direction from the board	19413
under the direction of the governing body of the facility or	19414
~~agency~~provider.	19415

(9) Approve fee schedules and related charges or adopt a unit	19416
cost schedule or other methods of payment for contract services	19417
provided by community addiction or mental health ~~agencies~~services	19418
providers in accordance with guidelines issued by the department	19419
as necessary to comply with state and federal laws pertaining to	19420
financial assistance;	19421

(10) Submit to the director and the county commissioners of	19422
the county or counties served by the board, and make available to	19423
the public, an annual report of the ~~programs~~services under the	19424
jurisdiction of the board, including a fiscal accounting;	19425

(11) Establish, to the extent resources are available, a	19426
community support system, which provides for prevention,	19427
treatment, support, and rehabilitation services and opportunities.	19428
The essential elements of the system include, but are not limited	19429
to, the following components in accordance with section ~~5119.06~~	19430
5119.21 of the Revised Code:	19431

(a) To locate persons in need of addiction or mental health	19432
services to inform them of available services and benefits	19433
~~mechanisms~~;	19434

(b) Assistance for ~~clients~~persons receiving services to	19435
obtain services necessary to meet basic human needs for food,	19436
clothing, shelter, medical care, personal safety, and income;	19437

(c) ~~Mental~~Addiction and mental health ~~care~~services,	19438
including, but not limited to, outpatient, residential, partial	19439
hospitalization, and, where appropriate, inpatient care;	19440

(d) Emergency services and crisis intervention;

19441

(e) Assistance for ~~clients~~persons receiving services to	19442
obtain vocational services and opportunities for jobs;	19443

(f) The provision of services designed to develop social,	19444
community, and personal living skills;	19445

(g) Access to a wide range of housing and the provision of	19446
residential treatment and support;	19447

(h) Support, assistance, consultation, and education for	19448
families, friends, ~~consumers of~~persons receiving addiction or	19449
mental health services, and others;	19450

(i) Recognition and encouragement of families, friends,	19451
neighborhood networks, especially networks that include racial and	19452
ethnic minorities, churches, community organizations, and	19453
~~meaningful~~community employment as natural supports for ~~consumers~~	19454
ofpersons receiving addiction or mental health services;	19455

(j) Grievance procedures and protection of the rights of	19456
~~consumers of~~persons receiving addiction or mental health	19457
services;	19458

(k) ~~Case management~~Community psychiatric supportive	19459
treatment services, which includes continual individualized	19460
assistance and advocacy to ensure that needed services are offered	19461
and procured.	19462

(12) Establish a method for evaluating referrals for	19463
involuntary commitment and affidavits filed pursuant to section	19464
5122.11 of the Revised Code in order to assist the probate	19465
division of the court of common pleas in determining whether there	19466
is probable cause that a respondent is subject to involuntary	19467
hospitalization and what alternative treatment is available and	19468
appropriate, if any;	19469

(13) Designate the treatment ~~program~~services, ~~agency~~	19470
provider, or facility, or other placement for each person	19471
involuntarily committed to the board pursuant to Chapter 5122. of	19472
the Revised Code ~~and authorize payment for such treatment~~. The	19473
board shall provide the least restrictive and most appropriate	19474
alternative that is available for any person involuntarily	19475
committed to it and shall assure that the listed services ~~listed~~	19476
insubmitted and approved in accordance with division (B) of	19477
section ~~340.09~~340.08 of the Revised Code are available to	19478
severely mentally disabled persons residing within its service	19479
district. The board shall establish the procedure for authorizing	19480
payment for services, which may include prior authorization in	19481
appropriate circumstances. The board may provide for services	19482
directly to a severely mentally disabled person when life or	19483
safety is endangered and when no community mental health ~~agency~~	19484
services provider is available to provide the service.	19485

~~(13) Establish a method for evaluating referrals for~~	19486
~~involuntary commitment and affidavits filed pursuant to section~~	19487
~~5122.11 of the Revised Code in order to assist the probate~~	19488
~~division of the court of common pleas in determining whether there~~	19489
~~is probable cause that a respondent is subject to involuntary~~	19490
~~hospitalization and what alternative treatment is available and~~	19491
~~appropriate, if any;~~	19492

(14) Ensure that apartments or rooms built, subsidized,	19493
renovated, rented, owned, or leased by the board or a community	19494
addiction or mental health ~~agency~~services provider have been	19495
approved as meeting minimum fire safety standards and that persons	19496
residing in the rooms or apartments are receiving appropriate and	19497
necessary services, including culturally relevant services, from a	19498
community addiction or mental health ~~agency~~services provider.	19499
This division does not apply to residential facilities licensed	19500
pursuant to section ~~5119.22~~5119.34 of the Revised Code.	19501

(15) Establish a mechanism for obtaining advice and	19502
involvement of ~~consumer recommendation and advice~~persons	19503
receiving publicly funded addiction or mental health services on	19504
matters pertaining to addiction and mental health services in the	19505
alcohol, drug addiction, and mental health service district;	19506

(16) Perform the duties required by rules adopted under	19507
section ~~5119.61~~5119.22 of the Revised Code regarding referrals by	19508
the board or mental health ~~agencies~~services providers under	19509
contract with the board of individuals with mental illness or	19510
severe mental disability to residential facilities as defined in	19511
division (A)(9)(b)(iii) of section ~~5119.22~~5119.34 of the Revised	19512
Code and effective arrangements for ongoing mental health services	19513
for the individuals. The board is accountable in the manner	19514
specified in the rules for ensuring that the ongoing mental health	19515
services are effectively arranged for the individuals.	19516

(B) The board shall establish such rules, operating	19517
procedures, standards, and bylaws, and perform such other duties	19518
as may be necessary or proper to carry out the purposes of this	19519
chapter.	19520

(C) A board of alcohol, drug addiction, and mental health	19521
services may receive by gift, grant, devise, or bequest any	19522
moneys, lands, or property for the benefit of the purposes for	19523
which the board is established, and may hold and apply it	19524
according to the terms of the gift, grant, or bequest. All money	19525
received, including accrued interest, by gift, grant, or bequest	19526
shall be deposited in the treasury of the county, the treasurer of	19527
which is custodian of the alcohol, drug addiction, and mental	19528
health services funds to the credit of the board and shall be	19529
available for use by the board for purposes stated by the donor or	19530
grantor.	19531

(D) No board member or employee of a board of alcohol, drug	19532
addiction, and mental health services shall be liable for injury	19533
or damages caused by any action or inaction taken within the scope	19534
of the board member's official duties or the employee's	19535
employment, whether or not such action or inaction is expressly	19536
authorized by this section~~, section 340.033,~~ or any other section	19537
of the Revised Code, unless such action or inaction constitutes	19538
willful or wanton misconduct. Chapter 2744. of the Revised Code	19539
applies to any action or inaction by a board member or employee of	19540
a board taken within the scope of the board member's official	19541
duties or employee's employment. For the purposes of this	19542
division, the conduct of a board member or employee shall not be	19543
considered willful or wanton misconduct if the board member or	19544
employee acted in good faith and in a manner that the board member	19545
or employee reasonably believed was in or was not opposed to the	19546
best interests of the board and, with respect to any criminal	19547
action or proceeding, had no reasonable cause to believe the	19548
conduct was unlawful.	19549

(E) The meetings held by any committee established by a board	19550
of alcohol, drug addiction, and mental health services shall be	19551
considered to be meetings of a public body subject to section	19552
121.22 of the Revised Code.	19553

Sec. 340.031. A board of alcohol, drug addiction, and mental	19554
health services may:	19555

(A) Inspect any residential facility licensed under section	19556
~~5119.22~~5119.34 of the Revised Code and located in its district,	19557
~~pursuant to a contract with the department of mental health~~;	19558

(B) Acquire, convey, lease, or enter into a contract to	19559
purchase, lease, or sell property for community addiction and	19560
mental health ~~and alcohol and drug addiction~~ services and related	19561
purposes, and enter into loan agreements, including mortgages, for	19562
the acquisition of such property.	19563

Sec. 340.032. The board of alcohol, drug addiction, and	19564
mental health services shall employ a qualified mental health or	19565
~~alcohol or drug~~ addiction services professional with experience in	19566
administration or a professional administrator with experience in	19567
mental health or ~~alcohol or drug~~ addiction services to serve as	19568
executive director of the board and shall prescribe the director's	19569
duties.	19570

The board shall fix the compensation of the executive	19571
director. In addition to such compensation, the director shall be	19572
reimbursed for actual and necessary expenses incurred in the	19573
performance of ~~his~~the director's official duties. The board, by	19574
majority vote of the full membership, may remove the director for	19575
cause, upon written charges, after an opportunity has been	19576
afforded ~~him~~the director for a hearing before the board on	19577
request.	19578

The board may delegate to its executive director the	19579
authority to act in its behalf in the performance of its	19580
administrative duties.	19581

As used in this section, "mental health professional" and	19582
"addiction services professional" mean an individual who is	19583
qualified to work with mentally ill persons or persons receiving	19584
addiction services, pursuant to standards established by the	19585
director of mental health and addiction services under Chapter	19586
5119. of the Revised Code.	19587

Sec. 340.04. In addition to such other duties as may be	19588
lawfully imposed, the executive director of a board of alcohol,	19589
drug addiction, and mental health services shall:	19590

(A) Serve as executive officer of the board and subject to	19591
the prior approval of the board for each contract, execute	19592
contracts on its behalf;	19593

(B) Supervise services and facilities provided, operated,	19594
contracted, or supported by the board to the extent of determining	19595
that ~~programs~~services and facilities are being administered in	19596
conformity with this chapter and rules of the director of ~~mental~~	19597
~~health and the department of~~ ~~alcohol and drug addiction services~~	19598
mental health and addiction services;	19599

(C) Provide consultation to ~~agencies, associations, or~~	19600
~~individuals~~addiction and mental health services providers	19601
providing services supported by the board;	19602

(D) Recommend to the board the changes necessary to increase	19603
the effectiveness of addiction and mental health services ~~and~~	19604
~~alcohol and drug addiction services~~ and other matters necessary or	19605
desirable to carry out this chapter;	19606

(E) Employ and remove from office such employees and	19607
consultants in the classified civil service and, subject to the	19608
approval of the board, employ and remove from office such other	19609
employees and consultants as may be necessary for the work of the	19610
board, and fix their compensation and reimbursement within the	19611
limits set by the salary schedule and the budget approved by the	19612
board;	19613

(F) Encourage the development and expansion of preventive,	19614
treatment, rehabilitative, and consultative ~~programs~~services in	19615
the field of addiction and mental health services with emphasis on	19616
continuity of care;	19617

(G) Prepare for board approval an annual report of the	19618
~~programs~~services and facilities under the jurisdiction of the	19619
board, including a fiscal accounting of all services;	19620

(H) Conduct such studies as may be necessary and practicable	19621
for the promotion of mental health, promotion of addiction	19622
services, and the prevention of mental illness, emotional	19623
disorders, and addiction ~~to alcohol and drugs~~;	19624

(I) Authorize the county auditor, or in a joint-county	19625
district the county auditor designated as the auditor for the	19626
district, to issue warrants for the payment of board obligations	19627
approved by the board, provided that all payments are in	19628
accordance with the ~~comprehensive community mental health plan~~	19629
budget submitted pursuant to section 340.08 of the Revised Code,	19630
as approved by the department of ~~mental health, or with the~~	19631
~~alcohol and drug addiction services plan as approved by the~~	19632
~~department of alcohol and drug addiction services~~mental health	19633
and addiction services.	19634

Sec. 340.05. A community addiction or mental health ~~agency~~	19635
services provider that receives a complaint alleging abuse or	19636
neglect of an individual with mental illness or severe mental	19637
disability, or an individual receiving addiction services, who	19638
resides in a residential facility as defined in division (A)(9)(b)	19639
of section ~~5119.22~~5119.34 of the Revised Code shall report the	19640
complaint to the board of alcohol, drug addiction, and mental	19641
health services serving the alcohol, drug addiction, and mental	19642
health service district in which the residential facility is	19643
located. A board of alcohol, drug addiction, and mental health	19644
services that receives such a complaint or a report from a	19645
community addiction or mental health ~~agency~~services provider of	19646
such a complaint shall report the complaint to the director of	19647
~~mental health~~mental health and addiction services for the	19648
purpose of the director conducting an investigation under section	19649
~~5119.22~~5119.34 of the Revised Code. The board may enter the	19650
facility with or without the director and, if the health and	19651
safety of a resident is in immediate danger, take any necessary	19652
action to protect the resident. The board's action shall not	19653
violate any resident's rights specified in rules adopted by the	19654
department of ~~mental health~~mental health and addiction services	19655
under section ~~5119.22~~5119.34 of the Revised Code. The board shall	19656
immediately report to the director regarding the board's actions	19657
under this section.	19658

Sec. 340.07. The board of county commissioners of any county	19659
participating in an alcohol, drug addiction, and mental health	19660
service district or joint-county district, upon receipt from the	19661
board of alcohol, drug addition, and mental health services of a	19662
resolution so requesting, may appropriate money to such board for	19663
the operation, lease, acquisition, construction, renovation, and	19664
maintenance of addiction or mental health services~~, programs,~~	19665
providers and facilities ~~for mentally ill and emotionally~~	19666
~~disturbed persons~~ in accordance with the comprehensive community	19667
addiction and mental health ~~plan or for alcohol and drug addiction~~	19668
~~programs in accordance with the alcohol and drug addiction~~	19669
~~services plan~~services budget approved by the department of mental	19670
health and addiction services pursuant to section 340.08 of the	19671
Revised Code.	19672

Sec. 340.08. In accordance with rules or guidelines issued	19673
by the director of mental health and addiction services, each	19674
board of alcohol, drug addiction, and mental health services shall	19675
do all of the following:	19676

(A) Submit to the department a report of receipts and	19677
expenditures for all federal, state, and local moneys the board	19678
expects to receive;	19679

(1) The report shall identify funds the board and public	19680
children services agencies in the board's service district have	19681
available to fund jointly the services described in section 340.15	19682
of the Revised Code.	19683

(2) The board's proposed budget for expenditures of state and	19684
federal funds distributed to the board by the department shall be	19685
deemed an application for funds, and the department shall approve	19686
or disapprove the budget for these expenditures. The department	19687
shall inform the board of the reasons for disapproval of the	19688
budget for the expenditure of state and federal funds and of the	19689
criteria that must be met before the budget may be approved. The	19690
director shall provide the board an opportunity to present its	19691
case on behalf of the submitted budget. The director shall give	19692
the board a reasonable time in which to meet the criteria and	19693
shall offer the board technical assistance to help it meet the	19694
criteria.	19695

If a board determines that it is necessary to amend a budget	19696
that has been approved under this section, the board shall submit	19697
a proposed amendment to the director. The director may approve or	19698
disapprove all or part of the amendment. The director shall inform	19699
the board of the reasons for disapproval of all or part of the	19700
amendment and of the criteria that must be met before the	19701
amendment may be approved. The director shall provide the board an	19702
opportunity to present its case on behalf of the amendment. The	19703
director shall give the board a reasonable time in which to meet	19704
the criteria and shall offer the board technical assistance to	19705
help it meet the criteria.	19706

(3) The director of mental health and addiction services, in	19707
whole or in part, may withhold funds otherwise to be allocated to	19708
a board of alcohol, drug addiction, and mental health services	19709
under Chapter 5119. of the Revised Code if the board's use of	19710
state and federal funds fails to comply with the approved budget,	19711
as it may be amended with the approval of the department.	19712

(B) Submit to the department a statement identifying the	19713
services described in section 340.09 of the Revised Code the board	19714
intends to make available. The board shall include crisis	19715
intervention services for individuals in emergency situations and	19716
services required pursuant to section 340.15 of the Revised Code,	19717
and the board shall explain the manner in which the board intends	19718
to make such services available. The list of services shall be	19719
compatible with the budget submitted pursuant to division (A) of	19720
this section. The department shall approve or disapprove the	19721
proposed listing of services to be made available. The department	19722
shall inform the board of the reasons for disapproval of the	19723
listing of proposed services and of the criteria that must be met	19724
before listing of proposed services may be approved. The director	19725
shall provide the board an opportunity to present its case on	19726
behalf of the submitted listing of proposed services. The director	19727
shall give the board a reasonable time in which to meet the	19728
criteria and shall offer the board technical assistance to help it	19729
meet the criteria.	19730

(C) Enter into a continuity of care agreement with the state	19731
institution operated by the department of mental health and	19732
addiction services and designated as the institution serving the	19733
district encompassing the board's service district. The continuity	19734
of care agreement shall outline the department's and the board's	19735
responsibilities to plan for and coordinate with the institution	19736
to address the needs of board residents who are patients in the	19737
institution, with an emphasis on managing appropriate hospital bed	19738
day use and discharge planning.	19739

(D) In conjunction with the department of mental health and	19740
addiction services, operate a coordinated system for tracking and	19741
monitoring persons found not guilty by reason of insanity and	19742
committed pursuant to section 2945.40 of the Revised Code who have	19743
been granted a conditional release and persons found incompetent	19744
to stand trial and committed pursuant to section 2945.39 of the	19745
Revised Code who have been granted a conditional release. The	19746
system shall do all of the following:	19747

(1) Centralize responsibility for the tracking of those	19748
persons;	19749

(2) Provide for uniformity in monitoring those persons;

19750

(3) Provide a mechanism to allow prompt rehospitalization,	19751
reinstitutionalization, or detention when a violation of the	19752
conditional release or decompensation occurs.	19753

(E) Submit to the department a report summarizing complaints	19754
and grievances received by the board concerning the rights of	19755
persons seeking or receiving services, investigations of	19756
complaints and grievances, and outcomes of the investigations.	19757

(F) Provide to the department information to be submitted to	19758
the community addiction and mental health information system or	19759
systems established by the department under Chapter 5119. of the	19760
Revised Code.	19761

(G) Annually, and upon any change in membership, submit to	19762
the department a list of all current members of the board of	19763
alcohol, drug addiction, and mental health services, including the	19764
appointing authority for each member, and the member's specific	19765
qualification for appointment pursuant to section 340.02 or	19766
340.021 of the Revised Code, if applicable.	19767

(H) Submit to the department other information as is	19768
reasonably required for purposes of the department's operations,	19769
service evaluation, reporting activities, research, system	19770
administration, and oversight.	19771

Sec. 340.09. (A) The department of ~~mental health~~mental	19772
health and addiction services shall provide assistance to any	19773
county for the operation of boards of alcohol, drug addiction, and	19774
mental health services ~~and~~, the provision of ~~the following~~	19775
services approved by the department within the continuum of care,	19776
and the provision of approved support functions from funds	19777
appropriated for that purpose by the general assembly:.	19778

~~(A) Outpatient;~~

19779

(B) Categories in the continuum of care may include all of	19780
the following:	19781

(1) Inpatient;

19782

~~(C) Partial hospitalization~~(2) Residential;

19783

~~(D) Rehabilitation~~(3) Outpatient treatment;

19784

~~(E)~~(4) Intensive and other supports;

19785

(5) Recovery support;

19786

(6) Prevention and wellness management.

19787

19788

(1) Consultation;

19789

~~(F) Mental health education and other preventive services;~~

19790

~~(G) Emergency;~~

19791

~~(H) Crisis intervention;~~

19792

~~(I)~~(2) Research;

19793

~~(J)~~(3) Administrative;

19794

~~(K)~~(4) Referral and information;

19795

~~(L) Residential;~~

19796

~~(M)~~(5) Training;

19797

~~(N) Substance abuse;~~

19798

~~(O)~~(6) Service and program evaluation;

19799

~~(P) Community support system;~~

19800

~~(Q) Case management;~~

19801

~~(R) Residential housing;~~

19802

~~(S) Other services approved by the board and the director of~~	19803
~~mental health~~.	19804

Sec. 340.091. Each board of alcohol, drug addiction, and	19805
mental health services shall contract with a community mental	19806
health ~~agency~~services provider under division (A)~~(7)~~(8)(a) of	19807
section 340.03 of the Revised Code for the ~~agency~~provider to do	19808
all of the following in accordance with rules adopted under	19809
section ~~5119.61~~5119.22 of the Revised Code for an individual	19810
referred to the ~~agency~~provider under division (D)(2) of section	19811
~~5119.69~~5119.41 of the Revised Code:	19812

(A) Assess the individual and, if the ~~agency~~provider	19813
determines that the environment in which the individual will be	19814
living while receiving residential state supplement payments is	19815
appropriate for the individual's needs, issue a recommendation to	19816
the referring residential state supplement administrative agency	19817
that the referring agency should conclude that the living	19818
environment is appropriate when it makes its determination	19819
regarding the appropriateness of the environment;	19820

(B) Provide ongoing monitoring to ensure that listed services	19821
~~provided under~~submitted and approved under division (B) of	19822
section ~~340.09~~340.08 of the Revised Code are available to the	19823
individual;	19824

(C) Provide discharge planning to ensure the individual's	19825
earliest possible transition to a less restrictive environment.	19826

Sec. 340.10. The county auditor or, in a joint-county	19827
alcohol, drug addiction, and mental health service district, the	19828
auditor of the county, the treasurer of which has been designated	19829
in the agreement between the counties of the district as custodian	19830
of the community addiction and mental health services funds ~~and~~	19831
~~alcohol and drug addiction services funds~~, is hereby designated as	19832
the auditor and fiscal officer of an alcohol, drug addiction, and	19833
mental health service district or joint-county district. State	19834
funds allocated for the support of a service district shall be	19835
paid to the county treasurer or, in a joint-county district, to	19836
the treasurer of that county designated in the agreement as	19837
custodian of the community addiction and mental health services	19838
funds and authorized to make payments from such funds on order of	19839
the county auditor and on recommendation of the board of alcohol,	19840
drug addiction, and mental health services, or the executive	19841
director of the board when authorized by the board. The auditor	19842
shall submit to the board a detailed monthly statement of all	19843
receipts, disbursements, and ending balances for the community	19844
addiction and mental health services funds.	19845

Sec. 340.11. A board of alcohol, drug addiction, and mental	19846
health services may procure a policy or policies of insurance	19847
insuring board members or employees of the board or ~~agencies~~	19848
providers with which the board contracts against liability arising	19849
from the performance of their official duties. If the liability	19850
insurance is unavailable or the amount a board has procured or is	19851
able to procure is insufficient to cover the amount of a claim,	19852
the board may indemnify a board member or employee as follows:	19853

(A) For any action or inaction in the capacity of board	19854
member or employee or at the request of the board, whether or not	19855
the action or inaction is expressly authorized by this or any	19856
other section of the Revised Code, if both of the following apply:	19857

(1) The board member or employee acted in good faith and in a	19858
manner that the board member or employee reasonably believed was	19859
in or was not opposed to the best interests of the board; ~~and~~	19860

(2) With respect to any criminal action or proceeding, the	19861
board member or employee had no reason to believe the board	19862
member's or employee's conduct was unlawful.	19863

(B) Against any expenses, including attorneys' fees, the	19864
board member or employee actually and reasonably incurs as a	19865
result of a suit or other proceeding involving the defense of any	19866
action or inaction in the capacity of board member or employee or	19867
at the request of the board, or in defense of any claim, issue, or	19868
matter raised in connection with the defense of such an action or	19869
inaction, to the extent that the board member or employee is	19870
successful on the merits or otherwise.	19871

Sec. 340.12. No board of alcohol, drug addiction, and mental	19872
health services or any ~~agency, corporation, or association~~	19873
addiction or mental health services provider under contract with	19874
such a board shall discriminate in the provision of services under	19875
its authority, in employment, or contract on the basis of race,	19876
color, religion, sex, ~~creed~~age, ancestry, national origin,	19877
disability, ~~or national origin~~sexual orientation, military	19878
status, or genetic information.	19879

Each board,and each community addiction or mental health	19880
~~agency, and each alcohol and drug addiction program~~services	19881
provider shall have a written affirmative action program. The	19882
affirmative action program shall include goals for the employment	19883
and effective utilization of, including contracts with, members of	19884
economically disadvantaged groups as defined in division (E)(1) of	19885
section 122.71 of the Revised Code in percentages reflecting as	19886
nearly as possible the composition of the alcohol, drug addiction,	19887
and mental health service district served by the board. Each	19888
board~~, agency,~~ and ~~program~~provider shall file a description of	19889
the affirmative action program and a progress report on its	19890
implementation with the department of ~~mental health or the~~	19891
~~department of alcohol and drug addiction services~~mental health	19892
and addiction services.	19893

Sec. 340.13. (A) As used in this section~~, "minority~~:

19894

(1) "Minority business enterprise" has the same meaning as in	19895
~~division (E)(1) of~~ section 122.71 of the Revised Code.	19896

(2) "EDGE business enterprise" has the same meaning as in	19897
section 123.152 of the Revised Code.	19898

(B) Any minority business enterprise that desires to bid on a	19899
contract under division (C) ~~or (D)~~ of this section shall first	19900
apply to the equal employment opportunity coordinator in the	19901
department of administrative services for certification as a	19902
minority business enterprise. Any EDGE business enterprise that	19903
desires to bid on a contract under division (D) of this section	19904
shall first apply to the equal employment opportunity coordinator	19905
of the department of administrative services for certification as	19906
an EDGE business enterprise. The coordinator shall approve the	19907
application of any minority business enterprise or EDGE business	19908
enterprise that complies with the rules adopted under section	19909
122.71 or 123.152 of the Revised Code, respectively. The	19910
coordinator shall prepare and maintain a list of minority business	19911
enterprises and EDGE business enterprises certified under ~~this~~	19912
~~section~~those sections.	19913

(C) From the contracts to be awarded for the purchases of	19914
equipment, materials, supplies, or services, other than contracts	19915
entered into under section 340.03 ~~or 340.033~~ of the Revised Code,	19916
each board of alcohol, drug addiction, and mental health services	19917
shall select a number of contracts with an aggregate value of	19918
approximately fifteen per cent of the total estimated value of	19919
contracts to be awarded in the current fiscal year. The board	19920
shall set aside the contracts so selected for bidding by minority	19921
business enterprises only. The bidding procedures for such	19922
contracts shall be the same as for all other contracts awarded	19923
under section 307.86 of the Revised Code, except that only	19924
minority business enterprises certified and listed ~~under~~pursuant	19925
to division (B) of this section shall be qualified to submit bids.	19926

(D) To the extent that a board is authorized to enter into	19927
contracts for construction, the board shall ~~set aside a number of~~	19928
~~contracts~~strive to attain a yearly contract dollar procurement	19929
goal the aggregate value of which equals approximately five per	19930
cent of the aggregate value of construction contracts for the	19931
current fiscal year for ~~bidding by minority~~EDGE business	19932
enterprises only. ~~The bidding procedures for the contracts set~~	19933
~~aside for minority business enterprises shall be the same as for~~	19934
~~all other contracts awarded by the board, except that only~~	19935
~~minority business enterprises certified and listed under division~~	19936
~~(B) of this section shall be qualified to submit bids.~~	19937

(E)(1) In the case of contracts set aside under ~~divisions~~	19938
division (C) ~~and (D)~~ of this section, if no bid is submitted by a	19939
minority business enterprise, the contract shall be awarded	19940
according to normal bidding procedures. The board shall from time	19941
to time set aside such additional contracts as are necessary to	19942
replace those contracts previously set aside on which no minority	19943
business enterprise bid.	19944

(2) If a board, after having made a good faith effort, is	19945
unable to comply with the goal of procurement for contracting with	19946
EDGE business enterprises pursuant to division (D) of this	19947
section, the board may apply in writing, on a form prescribed by	19948
the department of administrative services, to the director of	19949
mental health and addiction services for a waiver or modification	19950
of the goal.	19951

(F) This section does not preclude any minority business	19952
enterprise or EDGE business enterprise from bidding on any other	19953
contract not specifically set aside for minority business	19954
enterprises or subject to procurement goals for EDGE business	19955
enterprises.	19956

(G) Within ninety days after the beginning of each fiscal	19957
year, each board shall file a report with the department of ~~mental~~	19958
~~health~~mental health and addiction services that shows for that	19959
fiscal year the name of each minority business enterprise and EDGE	19960
business enterprise with which the board entered into a contract,	19961
the value and type of each such contract, the total value of	19962
contracts awarded under divisions (C) and (D) of this section, the	19963
total value of contracts awarded for the purchases of equipment,	19964
materials, supplies, or services, other than contracts entered	19965
into under section 340.03 of the Revised Code, and the total value	19966
of contracts entered into for construction.	19967

(H) Any person who intentionally misrepresents ~~himself~~self	19968
as owning, controlling, operating, or participating in a minority	19969
business enterprise or an EDGE business enterprise for the purpose	19970
of obtaining contracts or any other benefits under this section	19971
shall be guilty of theft by deception as provided for in section	19972
2913.02 of the Revised Code.	19973

Sec. 340.15. (A) A public children services agency that	19974
identifies a child by a risk assessment conducted pursuant to	19975
section 5153.16 of the Revised Code as being at imminent risk of	19976
being abused or neglected because of an addiction of a parent,	19977
guardian, or custodian of the child to a drug of abuse or alcohol	19978
shall refer the child's addicted parent, guardian, or custodian	19979
and, if the agency determines that the child needs alcohol or	19980
other drug addiction services, the child to ~~an alcohol and drug~~a	19981
community addiction ~~program~~services provider certified by the	19982
department of ~~alcohol and drug addiction services~~mental health	19983
and addiction services under section ~~3793.06~~5119.36 of the	19984
Revised Code. A public children services agency that is sent a	19985
court order issued pursuant to division (B) of section 2151.3514	19986
of the Revised Code shall refer the addicted parent or other	19987
caregiver of the child identified in the court order to ~~an alcohol~~	19988
~~and drug~~a community addiction ~~program~~services provider	19989
certified by the department of ~~alcohol and drug addiction services~~	19990
mental health and addiction services under section ~~3793.06~~5119.36	19991
of the Revised Code. On receipt of a referral under this division	19992
and to the extent funding identified under division (A)(1) of	19993
section ~~340.033~~340.08 of the Revised Code is available, the	19994
~~program~~provider shall provide the following services to the	19995
addicted parent, guardian, custodian, or caregiver and child in	19996
need of ~~alcohol or other drug~~addiction services:	19997

(1) If it is determined pursuant to an initial screening to	19998
be needed, assessment and appropriate treatment;	19999

(2) Documentation of progress in accordance with a treatment	20000
plan developed for the addicted parent, guardian, custodian,	20001
caregiver, or child;	20002

(3) If the referral is based on a court order issued pursuant	20003
to division (B) of section 2151.3514 of the Revised Code and the	20004
order requires the specified parent or other caregiver of the	20005
child to submit to alcohol or other drug testing during, after, or	20006
both during and after, treatment, testing in accordance with the	20007
court order.	20008

(B) The services described in division (A) of this section	20009
shall have a priority as provided in the ~~alcohol and drug~~	20010
addiction and mental health services plan and budget established	20011
pursuant to ~~section 340.033~~sections 340.03 and 340.08 of the	20012
Revised Code. Once a referral has been received pursuant to this	20013
section, the public children services agency and the ~~alcohol or~~	20014
~~drug~~ addiction ~~program~~services provider shall, in accordance with	20015
42 C.F.R. Part 2, share with each other any information concerning	20016
the persons and services described in that division that the	20017
agency and ~~program~~provider determine are necessary to share. If	20018
the referral is based on a court order issued pursuant to division	20019
(B) of section 2151.3514 of the Revised Code, the results and	20020
recommendations of the ~~alcohol and drug~~ addiction ~~program~~	20021
services provider also shall be provided and used as described in	20022
division (D) of that section. Information obtained or maintained	20023
by the agency or ~~program~~provider pursuant to this section that	20024
could enable the identification of any person described in	20025
division (A) of this section is not a public record subject to	20026
inspection or copying under section 149.43 of the Revised Code.	20027

Sec. 340.16. ~~Not later than ninety days after September 5,~~	20028
~~2001, the~~The department of ~~mental health~~mental health and	20029
addiction services and the department of ~~job and family services~~	20030
medicaid shall adopt rules that establish requirements and	20031
procedures for prior notification and service coordination between	20032
public children services agencies and boards of alcohol, drug	20033
addiction, and mental health services when a public children	20034
services agency refers a child in its custody to a board for	20035
services funded by the board. The rules shall be adopted in	20036
accordance with Chapter 119. of the Revised Code.	20037

~~The department of mental health and department of job and~~	20038
~~family services shall collaborate in formulating a plan that~~	20039
~~delineates the funding responsibilities of public children~~	20040
~~services agencies and boards of alcohol, drug addiction, and~~	20041
~~mental health services for services provided under section~~	20042
~~5111.023 of the Revised Code to children in the custody of public~~	20043
~~children services agencies. The departments shall complete the~~	20044
~~plan not later than ninety days after September 5, 2001.~~	20045

Sec. 341.192. (A) As used in this section:

20046

(1) "Jail" means a county jail, or a multicounty,	20047
municipal-county, or multicounty-municipal correctional center.	20048

(2) ~~"Medical assistance program" has the same meaning as in~~	20049
~~section 2913.40 of the Revised Code.~~	20050

~~(3)~~ "Medical provider" means a physician, hospital,	20051
laboratory, pharmacy, or other health care provider that is not	20052
employed by or under contract to a county, municipal corporation,	20053
township, the department of youth services, or the department of	20054
rehabilitation and correction to provide medical services to	20055
persons confined in a jail or state correctional institution, or	20056
is in the custody of a law enforcement officer.	20057

~~(4)~~(3) "Necessary care" means medical care of a nonelective	20058
nature that cannot be postponed until after the period of	20059
confinement of a person who is confined in a jail or state	20060
correctional institution, or is in the custody of a law	20061
enforcement officer without endangering the life or health of the	20062
person.	20063

(B) If a physician employed by or under contract to a county,	20064
municipal corporation, township, the department of youth services,	20065
or the department of rehabilitation and correction to provide	20066
medical services to persons confined in a jail or state	20067
correctional institution determines that a person who is confined	20068
in the jail or state correctional institution or who is in the	20069
custody of a law enforcement officer prior to the person's	20070
confinement in a jail or state correctional institution requires	20071
necessary care that the physician cannot provide, the necessary	20072
care shall be provided by a medical provider. The county,	20073
municipal corporation, township, the department of youth services,	20074
or the department of rehabilitation and correction shall pay a	20075
medical provider for necessary care an amount not exceeding the	20076
authorized reimbursement rate for the same service established by	20077
the department of ~~job and family services~~medicaid under the	20078
~~medical assistance~~medicaid program.	20079

Sec. 351.12. As used in this section, "private enterprise"	20080
means a person whose ownership and use of the property leased to	20081
it or used exclusively by it would not qualify such property for	20082
exemption from taxation.	20083

The exercise of the powers granted by this chapter will be	20084
for the benefit of the people of the state, for the improvement of	20085
their health, safety, convenience, and welfare, and for the	20086
enhancement of their convention and recreational opportunities and	20087
is a public purpose. As the operation and maintenance of	20088
facilities will constitute the performance of essential	20089
governmental functions, a convention facilities authority shall	20090
not be required to pay any taxes or assessments upon any facility	20091
to which it holds title, or upon any property acquired or used by	20092
it under this chapter, or upon the income therefrom, provided that	20093
any part of such a facility or property leased to, or exclusively	20094
used by, a private enterprise, and the income therefrom, shall be	20095
subject to appropriate taxes and assessments, and the listing of	20096
such a facility or property shall be split as provided in section	20097
5713.04 of the Revised Code. The transfer to or from a convention	20098
facilities authority of title or possession of any facility, part	20099
thereof, or item included or to be included in any such facility	20100
and the receipt or sale by the authority of any services ~~included~~	20101
~~in division (B)(3) of section 5739.01 of the Revised Code~~ shall	20102
not be subject to the taxes levied pursuant to Chapters 5739. and	20103
5741. of the Revised Code. The bonds and notes issued under this	20104
chapter, their transfer, and the income therefrom, shall at all	20105
times be free from taxation within the state.	20106

Sec. 737.41. (A) The legislative authority of a municipal	20107
corporation in which is established a municipal court, other than	20108
a county-operated municipal court, that has a department of	20109
probation shall establish in the municipal treasury a municipal	20110
probation services fund. The fund shall contain all moneys paid to	20111
the treasurer of the municipal corporation under section 2951.021	20112
of the Revised Code for deposit into the fund. The treasurer of	20113
the municipal corporation shall disburse the money contained in	20114
the fund at the request of the municipal court department of	20115
probation, for use only by that department for specialized staff,	20116
purchase of equipment, purchase of services, reconciliation	20117
programs for offenders and victims, other treatment programs,	20118
including ~~alcohol and drug~~community addiction ~~programs~~services	20119
providers certified under section ~~3793.06~~5119.36 of the Revised	20120
Code, determined to be appropriate by the chief probation officer,	20121
and other similar expenses related to placing offenders under a	20122
community control sanction.	20123

(B) Any money in a municipal probation services fund at the	20124
end of a fiscal year shall not revert to the treasury of the	20125
municipal corporation but shall be retained in the fund.	20126

20127

(1) "County-operated municipal court" has the same meaning as	20128
in section 1901.03 of the Revised Code.	20129

(2) "Community control sanction" has the same meaning as in	20130
section 2929.01 of the Revised Code.	20131

Sec. 742.14. (A) The board of trustees of the Ohio police	20132
and fire pension fund shall have prepared annually by or under the	20133
supervision of an actuary an actuarial valuation of the pension	20134
assets, liabilities, and funding requirements of the Ohio police	20135
and fire pension fund as established pursuant to sections 742.01	20136
to 742.61 of the Revised Code. The actuary shall complete the	20137
valuation in accordance with actuarial standards of practice	20138
promulgated by the actuarial standards board of the American	20139
academy of actuaries and prepare a report of the valuation. The	20140
report shall include all of the following:	20141

(1) A summary of the benefit provisions evaluated;

20142

(2) A summary of the census data and financial information	20143
used in the valuation;	20144

(3) A description of the actuarial assumptions, actuarial	20145
cost method, and asset valuation method used in the valuation,	20146
including a statement of the assumed rate of payroll growth and	20147
assumed rate of growth or decline in the number of members of the	20148
fund contributing to the pension fund;	20149

(4) A summary of findings that includes a statement of the	20150
actuarial accrued pension liabilities and unfunded actuarial	20151
accrued pension liabilities;	20152

(5) A schedule showing the effect of any changes in the	20153
benefit provisions, actuarial assumptions, or cost methods since	20154
the last annual actuarial valuation;	20155

(6) A statement of whether contributions to the pension fund	20156
are expected to be sufficient to satisfy the funding objectives	20157
established by the board.	20158

The board shall submit the report to the Ohio retirement	20159
study council, the director of budget and management, and the	20160
standing committees of the house of representatives and the senate	20161
with primary responsibility for retirement legislation immediately	20162
upon its availability and not later than the first day of November	20163
following the year for which the valuation was made.	20164

(B) The board shall annually thereafter have prepared by an	20165
actuary a report showing the adequacy of the rate of the police	20166
officer employers' contribution provided for by section 742.33 of	20167
the Revised Code, and the adequacy of the rate of the firefighter	20168
employers' contribution provided for by section 742.34 of the	20169
Revised Code.	20170

(C) At such times as the board determines, and at least once	20171
in each quinquennial period, the board shall have prepared by or	20172
under the supervision of an actuary an actuarial investigation of	20173
the mortality, service, and other experience of the members of the	20174
fund and of other system retirants, as defined in section 742.26	20175
of the Revised Code, who are members of a police department or a	20176
fire department to update the actuarial assumptions used in the	20177
actuarial valuation required by division (A) of this section. The	20178
actuary shall prepare a report of the actuarial investigation. The	20179
report shall be prepared and any recommended changes in actuarial	20180
assumptions shall be made in accordance with the actuarial	20181
standards of practice promulgated by the actuarial standards board	20182
of the American academy of actuaries. The report shall include all	20183
of the following:	20184

(1) A summary of relevant decrement and economic assumption	20185
experience observed over the period of the investigation;	20186

(2) Recommended changes in actuarial assumptions to be used	20187
in subsequent actuarial valuations required by division (A) of	20188
this section;	20189

(3) A measurement of the financial effect of the recommended	20190
changes in actuarial assumptions;	20191

(4) If the investigation required by this division includes	20192
the investigation required by division (F) of this section, a	20193
report of the result of that investigation.	20194

The board shall submit the report to the Ohio retirement	20195
study council and the standing committees of the house of	20196
representatives and the senate with primary responsibility for	20197
retirement legislation not later than the first day of November	20198
following the last fiscal year of the period the report covers.	20199

(D) The board shall have prepared by or under the supervision	20200
of an actuary an actuarial analysis of any introduced legislation	20201
expected to have a measurable financial impact on the pension	20202
fund. The actuarial analysis shall be completed in accordance with	20203
the actuarial standards of practice promulgated by the actuarial	20204
standards board of the American academy of actuaries. The actuary	20205
shall prepare a report of the actuarial analysis, which shall	20206
include all of the following:	20207

(1) A summary of the statutory changes that are being	20208
evaluated;	20209

(2) A description of or reference to the actuarial	20210
assumptions and actuarial cost method used in the report;	20211

(3) A description of the participant group or groups included	20212
in the report;	20213

(4) A statement of the financial impact of the legislation,	20214
including the resulting increase, if any, in the employer normal	20215
cost percentage; the increase, if any, in actuarial accrued	20216
liabilities; and the per cent of payroll that would be required to	20217
amortize the increase in actuarial accrued liabilities as a level	20218
per cent of covered payroll for all active members of the fund	20219
over a period not to exceed thirty years;	20220

(5) A statement of whether the scheduled contributions to the	20221
system after the proposed change is enacted are expected to be	20222
sufficient to satisfy the funding objectives established by the	20223
board.	20224

Not later than sixty days from the date of introduction of	20225
the legislation, the board shall submit a copy of the actuarial	20226
analysis to the legislative service commission, the standing	20227
committees of the house of representatives and the senate with	20228
primary responsibility for retirement legislation, and the Ohio	20229
retirement study council.	20230

(E) The board shall have prepared annually a report giving a	20231
full accounting of the revenues and costs relating to the	20232
provision of benefits under section 742.45 of the Revised Code.	20233
The report shall be made as of December 31, 1997, and the	20234
thirty-first day of December of each year thereafter. The report	20235
shall include the following:	20236

(1) A description of the statutory authority for the benefits	20237
provided;	20238

(2) A summary of the benefits;

20239

(3) A summary of the eligibility requirements for the	20240
benefits;	20241

(4) A statement of the number of participants eligible for	20242
the benefits;	20243

(5) A description of the accounting, asset valuation, and	20244
funding method used to provide the benefits;	20245

(6) A statement of the net assets available for the provision	20246
of the benefits as of the last day of the fiscal year;	20247

(7) A statement of any changes in the net assets available	20248
for the provision of benefits, including participant and employer	20249
contributions, net investment income, administrative expenses, and	20250
benefits provided to participants, as of the last day of the	20251
fiscal year;	20252

(8) For the last six consecutive fiscal years, a schedule of	20253
the net assets available for the benefits, the annual cost of	20254
benefits, administrative expenses incurred, and annual employer	20255
contributions allocated for the provision of benefits;	20256

(9) A description of any significant changes that affect the	20257
comparability of the report required under this division;	20258

(10) A statement of the amount paid under division (B) of	20259
section 742.45 of the Revised Code.	20260

The board shall submit the report to the Ohio retirement	20261
study council, the director of budget and management, and the	20262
standing committees of the house of representatives and the senate	20263
with primary responsibility for retirement legislation immediately	20264
upon its availability and not later than the thirtieth day of June	20265
following the year for which the report was made.	20266

(F) At least once in each quinquennial period, the board	20267
shall have prepared by or under the supervision of an actuary an	20268
actuarial investigation of the deferred retirement option plan	20269
established under section 742.43 of the Revised Code. The	20270
investigation shall include an examination of the financial	20271
impact, if any, on the fund of offering the plan to members.	20272

The actuary shall prepare a report of the actuarial	20273
investigation. The report shall include a determination of whether	20274
the plan, as established or modified, has a negative financial	20275
impact on the fund and, if so, recommendations on how to modify	20276
the plan to eliminate the negative financial impact. If the	20277
actuarial report indicates that the plan has a negative financial	20278
impact on the fund, the board may modify the plan or cease to	20279
allow members who have not already done so to elect to participate	20280
in the plan. The firefighter and police officers employers'	20281
contributions shall not be increased to offset any negative	20282
financial impact of the plan.	20283

If the board ceases to allow members to elect to participate	20284
in the plan, the rights and obligations of members who have	20285
already elected to participate shall not be altered.	20286

The board may include the actuarial investigation required	20287
under this division as part of the actuarial investigation	20288
required under division (C) of this section. If the report of the	20289
actuarial investigation required by this division is not included	20290
in the report required by division (C) of this section, the board	20291
shall submit the report required by this division to the Ohio	20292
retirement study council and the standing committees of the house	20293
of representatives and the senate with primary responsibility for	20294
retirement legislation not later than the first day of November	20295
following the last fiscal year of the period the report covers.	20296

Sec. 901.21. (A) As used in this section and section 901.22	20297
of the Revised Code:	20298

(1) "Agricultural easement" has the same meaning as in	20299
section 5301.67 of the Revised Code.	20300

(2) "Agriculture" means those activities occurring on land	20301
devoted exclusively to agricultural use, as defined in section	20302
5713.30 of the Revised Code, or on land that constitutes a	20303
homestead.	20304

(3) "Homestead" means the portion of a farm on which is	20305
located a dwelling house, yard, or outbuildings such as a barn or	20306
garage.	20307

(B) The director of agriculture may acquire real property	20308
used predominantly in agriculture and agricultural easements by	20309
gift, devise, or bequest if, at the time an easement is granted,	20310
such an easement is on land that is valued for purposes of real	20311
property taxation at its current value for agricultural use under	20312
section 5713.31 of the Revised Code or that constitutes a	20313
homestead. Any terms may be included in an agricultural easement	20314
so acquired that are necessary or appropriate to preserve on	20315
behalf of the grantor of the easement the favorable tax	20316
consequences of the gift, devise, or bequest under the "Internal	20317
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	20318
The director, by any such means or by purchase or lease, may	20319
acquire, or acquire the use of, stationary personal property or	20320
equipment that is located on land acquired in fee by the director	20321
under this section and that is necessary or appropriate for the	20322
use of the land predominantly in agriculture.	20323

(C) The director may include, in an agricultural easement	20324
acquired under division (B) of this section, a provision to	20325
preserve a unique natural or physical feature on the land so long	20326
as the use of the land remains predominantly agricultural.	20327

(D) The director may do all things necessary or appropriate	20328
to retain the use of real property acquired in fee under division	20329
(B) of this section predominantly in agriculture, including,	20330
without limitation, performing any of the activities described in	20331
division (A)(1) or (2) of section 5713.30 of the Revised Code or	20332
entering into contracts to lease or rent the real property so	20333
acquired to persons or governmental entities that will use the	20334
land predominantly in agriculture.	20335

~~(D)~~(E)(1) When the director considers it to be necessary or	20336
appropriate, the director may sell real property acquired in fee,	20337
and stationary personal property or equipment acquired by gift,	20338
devise, bequest, or purchase, under division (B) of this section	20339
on such terms as the director considers to be advantageous to this	20340
state.	20341

(2) An agricultural easement acquired under division (B) of	20342
this section may be extinguished under the circumstances	20343
prescribed, and in accordance with the terms and conditions set	20344
forth, in the instrument conveying the agricultural easement.	20345

~~(E)~~(F) There is hereby created in the state treasury the	20346
agricultural easement purchase fund. The fund shall consist of the	20347
proceeds received from the sale of real and personal property	20348
under division ~~(D)~~(E) of this section; moneys received due to the	20349
extinguishment of agricultural easements acquired by the director	20350
under division (B) of this section or section 5301.691 of the	20351
Revised Code; moneys received due to the extinguishment of	20352
agricultural easements purchased with the assistance of matching	20353
grants made under section 901.22 of the Revised Code; gifts,	20354
bequests, devises, and contributions received by the director for	20355
the purpose of acquiring agricultural easements; and grants	20356
received from public or private sources for the purpose of	20357
purchasing agricultural easements. The fund shall be administered	20358
by the director, and moneys in the fund shall be used by the	20359
director exclusively to purchase agricultural easements under	20360
division (A) of section 5301.691 of the Revised Code and provide	20361
matching grants under section 901.22 of the Revised Code to	20362
municipal corporations, counties, townships, soil and water	20363
conservation districts established under Chapter 1515. of the	20364
Revised Code, and charitable organizations described in division	20365
(B) of section 5301.69 of the Revised Code for the purchase of	20366
agricultural easements. Money in the fund shall be used only to	20367
purchase agricultural easements on land that is valued for	20368
purposes of real property taxation at its current value for	20369
agricultural use under section 5713.31 of the Revised Code or that	20370
constitutes a homestead when the easement is purchased.	20371

~~(F)~~(G) There is hereby created in the state treasury the	20372
clean Ohio agricultural easement fund. Twelve and one-half per	20373
cent of net proceeds of obligations issued and sold pursuant to	20374
sections 151.01 and 151.09 of the Revised Code shall be deposited	20375
into the fund. The fund shall be used by the director for the	20376
purposes of this section, section 901.22 of the Revised Code, and	20377
the provisions of sections 5301.67 to 5301.70 of the Revised Code	20378
governing agricultural easements. Investment earnings of the fund	20379
shall be credited to the fund and may be used to pay costs	20380
incurred by the director in administering those sections and	20381
provisions.	20382

~~(G)~~(H) The term of an agricultural easement purchased wholly	20383
or in part with money from the clean Ohio agricultural easement	20384
fund or the agricultural easement purchase fund shall be perpetual	20385
and shall run with the land.	20386

Sec. 901.22. (A) The director of agriculture, in accordance	20387
with Chapter 119. of the Revised Code, shall adopt rules that do	20388
all of the following:	20389

(1) Establish procedures and eligibility criteria for making	20390
matching grants to municipal corporations, counties, townships,	20391
soil and water conservation districts established under Chapter	20392
1515. of the Revised Code, and charitable organizations described	20393
in division (B) of section 5301.69 of the Revised Code for the	20394
purchase of agricultural easements. With respect to agricultural	20395
easements that are purchased or proposed to be purchased with such	20396
matching grants that consist in whole or in part of moneys from	20397
the clean Ohio agricultural easement fund created in section	20398
901.21 of the Revised Code, the rules shall establish all of the	20399
following:	20400

(a) Procedures for all of the following:

20401

(i) Soliciting and accepting applications for matching	20402
grants;	20403

(ii) Participation by local governments and by the public in	20404
the process of making matching grants to charitable organizations;	20405

(iii) Notifying local governments, charitable organizations,	20406
and organizations that represent the interests of farmers of the	20407
ranking system established in rules adopted under division	20408
(A)(1)(b) of this section.	20409

(b) A ranking system for applications for the matching grants	20410
that is based on the soil type, proximity of the land or other	20411
land that is conducive to agriculture as defined by rules adopted	20412
under this section and that is the subject of an application to	20413
other agricultural land or other land that is conducive to	20414
agriculture as defined by rules adopted under this section and	20415
that is already or is in the process of becoming permanently	20416
protected from development, farm stewardship, development	20417
pressure, and, if applicable, a local comprehensive land use plan	20418
involved with a proposed agricultural easement. The rules shall	20419
require that preference be given to proposed agricultural	20420
easements that involve the greatest proportion of all of the	20421
following:	20422

(i) Prime soils, unique or locally important soils,	20423
microclimates, or similar features;	20424

(ii) Land that is adjacent to or that is in close proximity	20425
to other agricultural land or other land that is conducive to	20426
agriculture as defined by rules adopted under this section and	20427
that is already or is in the process of becoming permanently	20428
protected from development, by agricultural easement or otherwise,	20429
so that a buffer would exist between the land involving the	20430
proposed agricultural easement and areas that have been developed	20431
or likely will be developed for purposes other than agriculture;	20432

(iii) The use of best management practices, including	20433
federally or state approved conservation plans, and a history of	20434
substantial compliance with applicable federal and state laws;	20435

(iv) Development pressure that is imminent, but not a result	20436
of current location in the direct path of urban development;	20437

(v) Areas identified for agricultural protection in local	20438
comprehensive land use plans.	20439

(c) Any other criteria that the director determines are	20440
necessary for selecting applications for matching grants;	20441

(d) Requirements regarding the information that must be	20442
included in the annual monitoring report that must be prepared for	20443
an agricultural easement under division (E)(2) of section 5301.691	20444
of the Revised Code, procedures for submitting a copy of the	20445
report to the office of farmland preservation in the department of	20446
agriculture, and requirements and procedures governing corrective	20447
actions that may be necessary to enforce the terms of the	20448
agricultural easement.	20449

(2) Establish provisions that shall be included in the	20450
instrument conveying to a municipal corporation, county, township,	20451
soil and water conservation district, or charitable organization	20452
any agricultural easement purchased with matching grant funds	20453
provided by the director under this section, including, without	20454
limitation, all of the following provisions:	20455

(a) A provision stating that an easement so purchased may be	20456
extinguished only if an unexpected change in the conditions of or	20457
surrounding the land that is subject to the easement makes	20458
impossible or impractical the continued use of the land for the	20459
purposes described in the easement, or if the requirements of the	20460
easement are extinguished by judicial proceedings;	20461

(b) A provision requiring that, upon the sale, exchange, or	20462
involuntary conversion of the land subject to the easement, the	20463
holder of the easement shall be paid an amount of money that is at	20464
least equal to the proportionate value of the easement compared to	20465
the total value of the land at the time the easement was acquired;	20466

(c) A provision requiring that, upon receipt of the portion	20467
of the proceeds of a sale, exchange, or involuntary conversion	20468
described in division (A)(2)(b) of this section, the municipal	20469
corporation, county, township, soil and water conservation	20470
district, or charitable organization remit to the director an	20471
amount of money equal to the percentage of the cost of purchasing	20472
the easement it received as a matching grant under this section.	20473

Moneys received by the director pursuant to rules adopted	20474
under division (A)(2)(c) of this section shall be credited to the	20475
agricultural easement purchase fund created in section 901.21 of	20476
the Revised Code.	20477

(3) Establish a provision that provides a charitable	20478
organization, municipal corporation, township, county, or soil and	20479
water conservation district with the option of purchasing	20480
agricultural easements either in installments or with a lump sum	20481
payment. The rules shall include a requirement that a charitable	20482
organization, municipal corporation, township, county, or soil and	20483
water conservation district negotiate with the seller of the	20484
agricultural easement concerning any installment payment terms,	20485
including the dates and amounts of payments and the interest rate	20486
on the outstanding balance. The rules also shall require the	20487
director to approve any method of payment that is undertaken in	20488
accordance with the rules adopted under division (A)(3) of this	20489
section.	20490

(4) Establish any other requirements that the director	20491
considers to be necessary or appropriate to implement or	20492
administer a program to make matching grants under this section	20493
and monitor those grants.	20494

(B) The director may develop guidelines regarding the	20495
acquisition of agricultural easements by the department of	20496
agriculture and the provisions of instruments conveying those	20497
easements. The director may make the guidelines available to	20498
public and private entities authorized to acquire and hold	20499
agricultural easements.	20500

(C) The director may provide technical assistance in	20501
developing a program for the acquisition and monitoring of	20502
agricultural easements to public and private entities authorized	20503
to hold agricultural easements. The technical assistance may	20504
include, without limitation, reviewing and providing advisory	20505
recommendations regarding draft instruments conveying agricultural	20506
easements.	20507

(D)(1) The director may make matching grants from the	20508
agricultural easement purchase fund and the clean Ohio	20509
agricultural easement fund to municipal corporations, counties,	20510
townships, soil and water conservation districts, and charitable	20511
organizations to assist those political subdivisions and	20512
charitable organizations in purchasing agricultural easements.	20513
Application for a matching grant shall be made on forms prescribed	20514
and provided by the director. The matching grants shall be made in	20515
compliance with the criteria and procedures established in rules	20516
adopted under this section. Instruments conveying agricultural	20517
easements purchased with matching grant funds provided under this	20518
section, at a minimum, shall include the mandatory provisions set	20519
forth in those rules.	20520

Matching grants made under this division using moneys from	20521
the clean Ohio agricultural easement fund created in section	20522
901.21 of the Revised Code may provide up to seventy-five per cent	20523
of the value of an agricultural easement as determined by a	20524
general real estate appraiser who is certified under Chapter 4763.	20525
of the Revised Code or as determined through a points-based	20526
appraisal system established under division (D)(2) of this	20527
section. Not less than twenty-five per cent of the value of the	20528
agricultural easement shall be provided by the recipient of the	20529
matching grant or donated by the person who is transferring the	20530
easement to the grant recipient. The amount of such a matching	20531
grant used for the purchase of a single agricultural easement	20532
shall not exceed one million dollars.	20533

(2) The director shall establish a points-based appraisal	20534
system for the purposes of division (D)(1) of this section. The	20535
director may include any or all of the following factors in the	20536
system:	20537

(a) Whether the applicable county auditor has determined that	20538
the land is land that is devoted exclusively to agriculture for	20539
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	20540

(b) Changes in land values following the completion of the	20541
applicable county auditor's reappraisal or triennial update;	20542

20543

(d) Proximity of the land to land that is already subject to	20544
an agricultural easement, conservation easement created under	20545
sections 5301.67 to 5301.70 of the Revised Code, or similar	20546
land-use limitation;	20547

(e) Proximity of the land to water and sewer lines, road	20548
interchanges, and nonagricultural development;	20549

(f) Parcel size and roadway frontage of the land;

20550

(g) Existence of an agreement entered into under division (D)	20551
of section 1515.08 of the Revised Code or of an operation and	20552
management plan developed under division (A) of section 1511.021	20553
of the Revised Code;	20554

(h) Existence of a comprehensive plan that is adopted under	20555
section 303.02 or 519.02 of the Revised Code or that is adopted by	20556
the planning commission of a municipal corporation under section	20557
713.06 of the Revised Code;	20558

(i) Any other factors that the director determines are	20559
necessary for inclusion in the system.	20560

(E) An agricultural easement acquired as a result of a	20561
matching grant awarded under division (D) of this section may	20562
include a provision to preserve a unique natural or physical	20563
feature on the land so long as the use of the land remains	20564
predominantly agricultural.	20565

(F) For any agricultural easement purchased with a matching	20566
grant that consists in whole or in part of moneys from the clean	20567
Ohio agricultural easement fund, the director shall be named as a	20568
grantee on the instrument conveying the easement, as shall the	20569
municipal corporation, county, township, soil and water	20570
conservation district, or charitable organization that receives	20571
the grant.	20572

~~(F)~~(G)(1) The director shall monitor and evaluate the	20573
effectiveness and efficiency of the agricultural easement program	20574
as a farmland preservation tool. On or before July 1, 1999, and	20575
the first day of July of each year thereafter, the director shall	20576
prepare and submit a report to the chairpersons of the standing	20577
committees of the senate and the house of representatives that	20578
consider legislation regarding agriculture. The report shall	20579
consider and address the following criteria to determine the	20580
program's effectiveness:	20581

(a) The number of agricultural easements purchased during the	20582
preceding year;	20583

(b) The location of those easements;

20584

(c) The number of acres of land preserved for agricultural	20585
use;	20586

(d) The amount of money used by a municipal corporation,	20587
township, county, or soil and water conservation district from any	20588
fund to purchase the agricultural easements;	20589

(e) The number of state matching grants given to purchase the	20590
agricultural easements;	20591

(f) The amount of state matching grant moneys used to	20592
purchase the agricultural easements.	20593

(2) The report also shall consider and include, at a minimum,	20594
the following information for each county to determine the	20595
program's efficiency:	20596

(a) The total number of acres in the county;

20597

(b) The total number of acres in current agricultural use;

20598

(c) The total number of acres preserved for agricultural use	20599
in the preceding year;	20600

(d) The average cost, per acre, of land preserved for	20601
agricultural use in the preceding year.	20602

Sec. 901.23. (A) There is hereby created the farmland	20603
preservation advisory board consisting of twelve voting members	20604
appointed by the director of agriculture as follows:	20605

(1) One member who is a county commissioner or a	20606
representative of a statewide organization that represents county	20607
commissioners;	20608

(2) One member who is a township trustee or a representative	20609
of a statewide organization that represents township trustees;	20610

(3) One representative of the Ohio state university;

20611

(4) One representative of a ~~national~~ nonprofit organization	20612
dedicated to the preservation of farmland;	20613

(5) One representative each of development, environmental,	20614
planning, and soil and water conservation interests;	20615

(6) One farmer from each of the state's four quadrants.

20616

Terms of office shall be staggered and shall be for three	20617
years, with each term ending on the same day of the same month as	20618
did the term that it succeeds. Each member shall hold office from	20619
the date of appointment until the end of the term for which the	20620
member was appointed, except that the term of any member who is a	20621
county commissioner or township trustee shall end when the member	20622
ceases to serve as a county commissioner or township trustee.	20623

Members may be reappointed. Vacancies shall be filled in the	20624
manner provided for original appointments. Any member appointed to	20625
fill a vacancy occurring prior to the expiration date of the term	20626
for which the member was appointed shall serve for the remainder	20627
of that term. A member shall continue to serve subsequent to the	20628
expiration date of the member's term until the member's successor	20629
takes office or until a period of sixty days has elapsed,	20630
whichever occurs first. Members shall serve at the pleasure of the	20631
director.	20632

The executive director of the office of farmland preservation	20633
in the department of agriculture or another employee of the	20634
department who is designated by the director shall serve as the	20635
nonvoting chairperson of the board. The director annually shall	20636
designate one member of the board to serve as its	20637
vice-chairperson. The board may adopt bylaws governing its	20638
operation and shall meet at a time when the director, or the	20639
director's designee, considers it appropriate in order for the	20640
board to provide advice as required under division (B) of this	20641
section.	20642

(B) The board shall provide advice to the director regarding	20643
all of the following:	20644

(1) The design and implementation of an agricultural easement	20645
purchase program;	20646

(2) The selection of applications that will be awarded	20647
matching grants under division (D) of section 901.22 of the	20648
Revised Code for the purchase of agricultural easements;	20649

(3) The design and implementation of any other statewide	20650
farmland protection measures that the director considers	20651
appropriate.	20652

(C) Serving as a member of the board does not constitute	20653
holding a public office or position of employment under the laws	20654
of this state and does not constitute grounds for removal of	20655
public officers or employees from their offices or positions of	20656
employment.	20657

(D) A board member shall be reimbursed for actual and	20658
necessary expenses incurred in the discharge of duties as a board	20659
member.	20660

Sec. 903.30. (A) No person shall violate or fail to perform	20661
any duty required by sections 903.01 to 903.08 and 903.12 of the	20662
Revised Code, violate a rule, or violate an order or term or	20663
condition of a permit issued by the director of agriculture under	20664
those sections or rules.	20665

(B) The attorney general, upon the written request of the	20666
director, shall prosecute any person who violates division (A) of	20667
this section.	20668

Sec. 903.99. (A) Whoever negligently violates division	20669
(A)~~(2)~~ of section ~~903.02 or division (A)(2) of section 903.03~~	20670
903.30 of the Revised Code ~~is guilty of a misdemeanor of the third~~	20671
~~degree on a first offense, a misdemeanor of the second degree on a~~	20672
~~second offense, and a misdemeanor of the first degree on a third~~	20673
~~or subsequent offense. Each ten-day period that the offense~~	20674
~~continues~~shall be fined not more than ten thousand dollars or	20675
imprisoned for not more than ninety days, or both. Each day of	20676
violation constitutes a separate offense. For purposes of this	20677
division, notwithstanding division (D) of section 2901.22 of the	20678
Revised Code, a person acts negligently when, because of a lapse	20679
from due care, the person fails to perceive or avoid a risk that	20680
the person's conduct may cause a certain result or may be of a	20681
certain nature. A person is negligent with respect to	20682
circumstances when, because of a lapse from due care, the person	20683
fails to perceive or avoid a risk that such circumstances may	20684
exist.	20685

(B) Whoever recklessly violates ~~the terms and conditions of a~~	20686
~~permit to install issued under section 903.02 of the Revised Code~~	20687
~~or of a permit to operate issued under section 903.03 of the~~	20688
~~Revised Code,~~ division ~~(B)(1), (C)(1), or (M)(1) or (2) of section~~	20689
~~903.08 of the Revised Code, or the NPDES provisions of a permit to~~	20690
~~operate shall be fined not more than twenty-five thousand dollars.~~	20691
(A) of section 903.30 of the Revised Code shall be fined not more	20692
than ten thousand dollars or imprisoned for not more than one	20693
year, or both. Each day of violation constitutes a separate	20694
offense.	20695

(C) Whoever knowingly violates division ~~(K)~~(A) of section	20696
~~903.08~~903.30 of the Revised Code is guilty of a felony and shall	20697
be fined ~~not more than twenty-five~~at least ten thousand dollars,	20698
but not more than twenty-five thousand dollars, or imprisoned for	20699
not more than three years, or both. Each day of violation	20700
constitutes a separate offense.	20701

Sec. 909.15. All moneys from registration fees and from	20702
fines imposed and recovered under sections 909.01 to 909.18 of the	20703
Revised Code, shall be paid to the director of agriculture, who	20704
shall deposit such moneys in the state treasury to the credit of	20705
the ~~general revenue~~plant pest program fund created in section	20706
927.54 of the Revised Code.	20707

Sec. 927.54. The plant pest program fund is hereby created in	20708
the state treasury. The fund shall consist of money credited to it	20709
under section 909.15 of the Revised Code and under this chapter	20710
and any rules adopted under it. The director of agriculture shall	20711
use money in the fund to administer this chapter and Chapter 909.	20712
of the Revised Code.	20713

The director shall keep accurate records of all receipts into	20714
and disbursements from the fund and shall prepare, and provide	20715
upon request, an annual report classifying the receipts and	20716
disbursements that pertain to plant pests.	20717

Sec. 955.201. (A) As used in this section and in section	20718
955.202 of the Revised Code, "Ohio pet fund" means a nonprofit	20719
corporation organized by that name under Chapter 1702. of the	20720
Revised Code that consists of humane societies, veterinarians,	20721
animal shelters, companion animal breeders, dog wardens, or	20722
similar individuals and entities.	20723

(B) The Ohio pet fund shall do all of the following:

20724

(1) Establish eligibility criteria for organizations that may	20725
receive financial assistance from the Ohio pet fund. Those	20726
organizations may include any of the following:	20727

(a) An animal shelter as defined in section 4729.01 of the	20728
Revised Code;	20729

(b) A local nonprofit veterinary association that operates a	20730
program for the sterilization of dogs and cats;	20731

(c) A charitable organization that is exempt from federal	20732
income taxation under subsection 501(c)(3) of the Internal Revenue	20733
Code and a purpose of which is to support programs for the	20734
sterilization of dogs and cats and educational programs concerning	20735
the proper veterinary care of those animals.	20736

(2) Establish procedures for applying for financial	20737
assistance from the Ohio pet fund. Application procedures shall	20738
require eligible organizations to submit detailed proposals that	20739
outline the intended uses of the moneys sought.	20740

(3) Establish eligibility criteria for sterilization and	20741
educational programs for which moneys from the Ohio pet fund may	20742
be used and, consistent with division (C) of this section,	20743
establish eligibility criteria for individuals who seek	20744
sterilization for their dogs and cats from eligible organizations;	20745

(4) Establish procedures for the disbursement of moneys the	20746
Ohio pet fund receives from license plate contributions pursuant	20747
to division (C) of section 4503.551 of the Revised Code;	20748

(5) Advertise or otherwise provide notification of the	20749
availability of financial assistance from the Ohio pet fund for	20750
eligible organizations;	20751

(6) Design markings to be inscribed on "pets" license plates	20752
under section 4503.551 of the Revised Code.	20753

(C)(1) The owner of a dog or cat is eligible for dog or cat	20754
sterilization services from an eligible organization when those	20755
services are subsidized in whole or in part by money from the Ohio	20756
pet fund if any of the following applies:	20757

(a) The income of the owner's family does not exceed one	20758
hundred fifty per cent of the federal poverty guideline.	20759

(b) The owner, or any member of the owner's family who	20760
resides with the owner, is a recipient or beneficiary of one of	20761
the following government assistance programs:	20762

(i) Low-income housing assistance under the "United States	20763
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the	20764
federal section 8 housing program;	20765

(ii) The Ohio works first program established by Chapter	20766
5107. of the Revised Code;	20767

(iii) ~~Title XIX of the "Social Security Act," 49 Stat. 620~~	20768
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	20769
~~assistance~~The medicaid program ~~or medicaid, provided by the~~	20770
~~department of job and family services under Chapter 5111. of the~~	20771
~~Revised Code~~;	20772

(iv) A program or law administered by the United States	20773
department of veterans' affairs or veterans' administration for	20774
any service-connected disability;	20775

(v) The supplemental nutrition assistance program established	20776
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),	20777
administered by the department of job and family services under	20778
section 5101.54 of the Revised Code;	20779

(vi) The "special supplemental nutrition program for women,	20780
infants, and children" established under the "Child Nutrition Act	20781
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered	20782
by the department of health under section 3701.132 of the Revised	20783
Code;	20784

(vii) Supplemental security income under Title XVI of the	20785
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as	20786
amended;	20787

(viii) Social security disability insurance benefits provided	20788
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	20789
42 U.S.C.A. 401, as amended.	20790

(c) The owner of the dog or cat submits to the eligible	20791
organization operating the sterilization program either of the	20792
following:	20793

(i) A certificate of adoption showing that the dog or cat was	20794
adopted from a licensed animal shelter, a municipal, county, or	20795
regional pound, or a holding and impoundment facility that	20796
contracts with a municipal corporation;	20797

(ii) A certificate of adoption showing that the dog or cat	20798
was adopted through a nonprofit corporation operating an animal	20799
adoption referral service whose holding facility, if any, is	20800
licensed in accordance with state law or a municipal ordinance.	20801

(2) The Ohio pet fund shall determine the type of documentary	20802
evidence that must be presented by the owner of a dog or cat to	20803
show that the income of the owner's family does not exceed one	20804
hundred fifty per cent of the federal poverty guideline or that	20805
the owner is eligible under division (C)(1)(b) of this section.	20806

(D) As used in division (C) of this section, "federal poverty	20807
guideline" means the official poverty guideline as revised	20808
annually by the United States department of health and human	20809
services in accordance with section 673(2) of the "Omnibus Budget	20810
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	20811
amended, for a family size equal to the size of the family of the	20812
person whose income is being determined.	20813

Sec. 991.03. (A) The Ohio expositions commission shall:

20814

(1) Conduct at least one fair or exposition annually;

20815

(2) Maintain and manage property held by the state for the	20816
purpose of conducting fairs, expositions, and exhibits;	20817

(3) As provided in section 109.122 of the Revised Code,	20818
provide notice of or copies of any proposed entertainment or	20819
sponsorship contracts to the attorney general.	20820

(B) The commission may:

20821

(1) Conduct such additional fairs, expositions, or	20822
exhibitions as the commission determines are in the general public	20823
interest;	20824

(2) Accept on behalf of the state conveyances of property for	20825
the purposes of conducting fairs, expositions, and exhibits,	20826
subject to any terms and conditions agreed to by the commission	20827
and approved by the controlling board;	20828

(3) Accept gifts, devises, and bequests of money, lands, and	20829
other property and apply the money, lands, or other property	20830
according to the terms of the gift, devise, or bequest. A	20831
political subdivision as authorized by law may make gifts and	20832
devises to the commission, and the commission shall apply such a	20833
gift or devise according to the terms of the gift or devise. All	20834
gifts and bequests of money accepted under this division shall be	20835
deposited into the state treasury to the credit of the Ohio	20836
expositions support fund.	20837

(4) Enter into contracts that the commission considers	20838
necessary or worthwhile in the conduct of its purposes, provided	20839
that contracts made for a term exceeding two years, other than	20840
those described in division (B)(4) of this section, shall be	20841
subject to the approval of the controlling board and provided that	20842
the attorney general, pursuant to the attorney general's authority	20843
under section 109.122 of the Revised Code, has not disapproved the	20844
proposed contract;	20845

~~(4)~~(5) Enter into contracts for the mutual exchange of goods	20846
or services;	20847

~~(5)~~(6) Sell or convey all or a portion of the property, land,	20848
or buildings under its management subject to the approval of the	20849
legislature;	20850

~~(6)~~(7) Grant leases on all or any part of the property, land,	20851
or buildings under the management of the commission to private or	20852
public organizations, which appear to be in the best interests of	20853
the state, with the approval of the controlling board and director	20854
of administrative services, subject to the following conditions:	20855

(a) The lessees shall make or construct improvements on such	20856
lands or buildings at no cost to the commission or to the state,	20857
subject to prior approval by the director of administrative	20858
services of detailed plans and specifications of such	20859
improvements.	20860

(b) No person, firm, or corporation shall cause a lien to be	20861
filed against any funds or property of the state or of the	20862
commission as a result of a lessee's activities pursuant to	20863
division (B)~~(6)~~(7)(a) of this section.	20864

(c) Leases shall be entered into subject to the sale of such	20865
property, lands, or buildings during the term of the lease.	20866

(d) No leases shall be made which interfere with a fair,	20867
exposition, or exhibition on such lands.	20868

~~(7)~~(8) Encumber appropriations for the entire amount of a	20869
contract at the time the contract is made, even though the	20870
contract will not be performed in the fiscal year for which the	20871
appropriations were made.	20872

~~(8)~~(9) Implement a credit card payment program permitting	20873
payment by means of a credit card of any fees, charges, and	20874
rentals associated with conducting fairs, expositions, and	20875
exhibits. The commission may open an account outside the state	20876
treasury in a financial institution for the purpose of depositing	20877
credit card receipts. By the end of the business day following the	20878
deposit of the receipts, the financial institution shall make	20879
available to the commission funds in the amount of the receipts.	20880
The commission shall then pay these funds into the state treasury	20881
to the credit of the Ohio expositions fund.	20882

The commission shall adopt rules as necessary to carry out	20883
the purposes of division (B)~~(8)~~(9) of this section. The rules	20884
shall include standards for determining eligible financial	20885
institutions and the manner in which funds shall be made available	20886
and shall be consistent with the standards contained in sections	20887
135.03, 135.18, and 135.181 of the Revised Code.	20888

The commission shall not adopt or enforce any rules which	20889
will prohibit livestock exhibited at the Ohio state fair from	20890
participating in county and independent fairs in the state.	20891

Sec. 991.04. There is hereby established in the state	20892
treasury the Ohio expositions fund. ~~All~~Except for gifts and	20893
bequests of money accepted under division (B)(3) of section 991.03	20894
of the Revised Code, all moneys collected by the Ohio expositions	20895
commission pursuant to sections 991.01 to 991.07 of the Revised	20896
Code and any income generated from the investment of those moneys	20897
shall be paid into the fund and may be used to defray the costs of	20898
administration and carrying out the purposes of sections 991.01 to	20899
991.07 of the Revised Code.	20900

With the approval of the director of budget and management,	20901
provisions may be made for a cash fund to be established on the	20902
state fairgrounds during the period of activities related to the	20903
holding of the annual state fair. The purpose of such fund is to	20904
provide for payment of premiums and entertainers and for immediate	20905
payment of small amounts for obligations, including ticket	20906
refunds, of such nature as to require immediate payment.	20907

The expositions commission shall cause to be kept an accurate	20908
record of all transactions, contracts, and proceedings. The	20909
director of budget and management shall prescribe a system of	20910
accounting and reporting. Such system shall include methods and	20911
forms showing the sources from which all revenues of the	20912
expositions commission are received, the amount collected from	20913
each source, and the amount expended for each purpose.	20914

Sec. 991.041. There is in the state treasury the Ohio	20915
expositions support fund. All gifts and bequests of money accepted	20916
under division (B)(3) of section 991.03 of the Revised Code shall	20917
be deposited into the state treasury to the credit of the fund.	20918
Investment earnings of the fund shall be deposited into the fund.	20919
The Ohio expositions commission may use the fund, consistent with	20920
the terms of the gift or bequest, to defray the cost of	20921
administration and of carrying out the purposes of sections 991.01	20922
to 991.07 of the Revised Code.	20923

Sec. 991.06. Annually on or before the thirtieth day of	20924
September the Ohio expositions commission, through its general	20925
manager, shall prepare and file with the auditor of state a	20926
statement showing the total amount received from each source of	20927
revenue, the total amount disbursed for each class of	20928
expenditures, and the aggregate of all receipts and expenditures	20929
of the commission. This statement shall also include a summary of	20930
each contract for the mutual exchange of goods or services entered	20931
into by the commission under ~~division (B)(4) of~~ section 991.03 of	20932
the Revised Code. Upon receipt of such statement, the auditor of	20933
state shall have it verified and make a report of ~~his~~the auditor	20934
of state's findings thereon to the governor.	20935

Assistant auditors of state shall conduct an audit of	20936
activities of the annual Ohio state fair on the Ohio exposition	20937
center during the period when the fair is in progress.	20938

The cost of such audit shall be included in the annual	20939
expenses of the Ohio expositions commission.	20940

Sec. 1327.46. As used in sections 1327.46 to 1327.61 of the	20941
Revised Code:	20942

(A) "Weights and measures" means all weights and measures of	20943
every kind, instruments and devices for weighing and measuring,	20944
and any appliances and accessories associated with any such	20945
instruments and devices, except that "weights and measures" shall	20946
not be construed to include meters for the measurement of	20947
electricity, gas, whether natural or manufactured, or water when	20948
the same are operated in a public utility system. Such	20949
electricity, gas, and water meters, and appliances or accessories	20950
associated therewith, are specifically excluded from the purview	20951
of the weights and measures laws.	20952

(B) "Intrastate commerce" means all commerce or trade that is	20953
begun, carried on, and completed wholly within the limits of this	20954
state, and "introduced into intrastate commerce" defines the time	20955
and place in which the first sale and delivery of a commodity is	20956
made within the state, the delivery being made either directly to	20957
the purchaser or to a common carrier for shipment to the	20958
purchaser.	20959

(C) "Package" means any commodity put up or packaged in any	20960
manner in advance of sale in units suitable for either wholesale	20961
or retail sale.	20962

(D) "Consumer package" means a package that is customarily	20963
produced or distributed for sale through a retail sales agency for	20964
consumption by an individual or use by an individual.	20965

(E) "Weight" as used in connection with any commodity means	20966
net weight.	20967

(F) "Correct" as used in connection with weights and measures	20968
means conformity with all applicable requirements of sections	20969
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	20970
to those sections.	20971

(G) "Primary standards" means the physical standards of the	20972
state that serve as the legal reference from which all other	20973
standards and weights and measures are derived.	20974

(H) "Secondary standards" means the physical standards that	20975
are traceable to the primary standards through comparisons, using	20976
acceptable laboratory procedures, and used in the enforcement of	20977
weights and measures laws and rules.	20978

(I) "Sale from bulk" means the sale of commodities when the	20979
quantity is determined at the time of sale.	20980

(J) "Net weight" means the weight of a commodity, excluding	20981
any materials, substances, or items not considered to be a part of	20982
the commodity. Materials, substances, or items not considered to	20983
be part of the commodity include, but are not limited to,	20984
containers, conveyances, bags, wrappers, packaging materials,	20985
labels, individual piece coverings, decorative accompaniments, and	20986
coupons.	20987

(K) "Random weight package" means a package that is one of a	20988
lot, shipment, or delivery of packages of the same commodity with	20989
no fixed pattern of weights.	20990

(L) "Sold" includes keeping, offering, or exposing for sale.

20991

(M) "Commercially used weighing and measuring device" means a	20992
device described in the national institute of standards and	20993
technology handbook 44 or its supplements and revisions and any	20994
other weighing and measuring device designated by rules adopted	20995
under division (C) of section 1327.50 of the Revised Code.	20996
"Commercially used weighing and measuring device" includes, but is	20997
not limited to, a livestock scale, vehicle scale, railway scale,	20998
vehicle tank meter, bulk rack meter, and LPG meter.	20999

(N) "Livestock scale" means a scale equipped with stock racks	21000
and gates that is adapted to weighing livestock standing on the	21001
scale platform.	21002

(O) "Vehicle scale" means a scale that is adapted to weighing	21003
highway, farm, or other large industrial vehicles other than	21004
railroad cars.	21005

(P) "Railway scale" means a rail scale that is designed to	21006
weigh railroad cars.	21007

(Q) "Vehicle tank meter" means a vehicle mounted device that	21008
is designed for the measurement and delivery of liquid products	21009
from a tank.	21010

(R) "Bulk rack meter" means a wholesale device, usually	21011
mounted on a rack, that is designed for the measurement and	21012
delivery of liquid products.	21013

(S) "LPG meter" means a system, including a mechanism or	21014
machine of the meter type, that is designed to measure and deliver	21015
liquefied petroleum gas in the liquid state by a definite quantity	21016
whether installed in a permanent location or mounted on a vehicle.	21017

(T) "Service person" means an individual who installs,	21018
services, repairs, reconditions, or places into service a	21019
commercially used weighing and measuring device for any type of	21020
compensation.	21021

Sec. 1327.50. The director of agriculture shall:

21022

(A) Maintain traceability of the state standards to those of	21023
the national institute of standards and technology;	21024

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

21025

(C) Issue reasonable rules for the uniform enforcement of	21026
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	21027
have the force and effect of law;	21028

(D) Establish standards of weight, measure, or count,	21029
reasonable standards of fill, and standards for the voluntary	21030
presentation of cost per unit information for any package;	21031

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	21032
the Revised Code, or any rules adopted under those sections, when	21033
appropriate to the maintenance of good commercial practices in the	21034
state;	21035

(F) Conduct investigations to ensure compliance with sections	21036
1327.46 to 1327.61 of the Revised Code;	21037

(G) Delegate to appropriate personnel any of these	21038
responsibilities for the proper administration of the director's	21039
office;	21040

(H) Test as often as is prescribed by rule the standards of	21041
weight and measure used by any municipal corporation or county	21042
within the state, and approve the same when found to be correct;	21043

(I) Inspect and test weights and measures that are sold;

21044

(J) Inspect and test to ascertain if they are correct,	21045
weights and measures commercially used either:	21046

(1) In determining the weight, measure, or count of	21047
commodities or things sold on the basis of weight, measure, or	21048
count;	21049

(2) In computing the basic charge or payment for goods or	21050
services rendered on the basis of weight, measure, or count.	21051

(K) Test all weights and measures used in checking the	21052
receipt or disbursement of supplies in every institution, for the	21053
maintenance of which funds are appropriated by the general	21054
assembly;	21055

(L) Approve for use, and may mark, such weights and measures	21056
as the director finds to be correct, and shall reject and mark as	21057
rejected such weights and measures as the director finds to be	21058
incorrect. Weights and measures that have been rejected may be	21059
seized if not corrected within the time specified or if used or	21060
disposed of in a manner not specifically authorized, and may be	21061
condemned and seized if found to be incorrect and not capable of	21062
being made correct.	21063

(M) Weigh, measure, or inspect packaged commodities that are	21064
sold or in the process of delivery to determine whether they	21065
contain the amounts represented and whether they are sold in	21066
accordance with sections 1327.46 to 1327.61 of the Revised Code or	21067
rules adopted under those sections. In carrying out this section,	21068
the director shall employ recognized sampling procedures, such as	21069
those designated in the national institute of standards and	21070
technology handbook 133 "checking the net contents of packaged	21071
goods."	21072

(N) Prescribe by rule the appropriate term or unit of weight	21073
or measure to be used, whenever the director determines in the	21074
case of a specific commodity that an existing practice of	21075
declaring the quantity by weight, measure, numerical count, or	21076
combination thereof, does not facilitate value comparisons by	21077
consumers, or offers an opportunity for consumer confusion;	21078

(O) Allow reasonable variations from the stated quantity of	21079
contents, which shall include those caused by unavoidable	21080
deviations in good manufacturing practice and by loss or gain of	21081
moisture during the course of good distribution practice, only	21082
after the commodity has entered intrastate commerce;	21083

(P) Provide for the weights and measures training of	21084
inspector personnel and establish minimum training requirements,	21085
which shall be met by all inspector personnel, whether county,	21086
municipal, or state;	21087

(Q) Prescribe the methods of tests and inspections to be	21088
employed in the enforcement of sections 1327.46 to 1327.61 of the	21089
Revised Code. The director may prescribe the official test and	21090
inspection forms to be used.	21091

(R) Provide by rule for ~~voluntary~~ registration with the	21092
director of ~~private~~service persons who are employed by	21093
commercially used weighing and measuring device servicing	21094
agencies~~, and personnel~~;	21095

(S) In conjunction with the national institute of standards	21096
and technology, operate a type evaluation program for	21097
certification of weighing and measuring devices as part of the	21098
national type evaluation program. The director shall establish a	21099
schedule of fees for services rendered by the department of	21100
agriculture for type evaluation services. The director may require	21101
any weighing or measuring instrument or device to be traceable to	21102
a national type evaluation program certificate of conformance	21103
prior to use for commercial or law enforcement purposes.	21104

(T) Verify advertised prices, price representations, and	21105
point-of-sale systems, as necessary, to determine both the	21106
accuracy of prices and computations and the correct use of the	21107
equipment and the accuracy of prices printed or recalled from a	21108
database if a system utilizes scanning or coding in lieu of manual	21109
entry. In order to implement this division, the director shall do	21110
all of the following:	21111

(1) Employ recognized procedures such as those designated in	21112
the national institute of standards and technology handbook 130,	21113
uniform laws and regulations, "examination procedures for price	21114
verification";	21115

(2) Adopt rules establishing requirements governing the	21116
accuracy of advertised prices and point-of-sale systems and	21117
establishing requirements and procedures for the enforcement of	21118
this division;	21119

(3) Conduct necessary inspections.

21120

Sec. 1327.501. (A) No person shall operate in this state a	21121
commercially used weighing and measuring device that provides the	21122
~~final~~ quantity ~~and final~~or cost of a final transaction and for	21123
which a fee is established in division (G) of this section unless	21124
the operator of the device obtains a permit issued by the director	21125
of agriculture or the director's designee.	21126

(B) An application for a permit shall be submitted to the	21127
director on a form that the director prescribes and provides. The	21128
applicant shall include with the application any information that	21129
is specified on the application form as well as the application	21130
fee established in this section.	21131

(C) Upon receipt of a completed application and the required	21132
fee from an applicant, the director or the director's designee	21133
shall issue or deny the permit to operate the commercially used	21134
weighing and measuring device that was the subject of the	21135
application.	21136

(D) A permit issued under this section expires on the	21137
thirtieth day of June of the year following its issuance and may	21138
be renewed annually on or before the first day of July of that	21139
year upon payment of a permit renewal fee established in this	21140
section.	21141

(E) If a permit renewal fee is more than sixty days past due,	21142
the director may assess a late penalty in an amount established	21143
under this section.	21144

(F) The director shall do both of the following:

21145

(1) Establish procedures and requirements governing the	21146
issuance or denial of permits under this section;	21147

(2) Establish late penalties to be assessed for the late	21148
payment of a permit renewal fee and fees for the replacement of	21149
lost or destroyed permits.	21150

(G) An applicant for a permit to operate under this section	21151
shall pay an application fee in the following applicable amount:	21152

(1) Seventy-five dollars for a livestock scale;

21153

(2) Seventy-five dollars for a vehicle scale;

21154

(3) Seventy-five dollars for a railway scale;

21155

(4) Seventy-five dollars for a vehicle tank meter;

21156

(5) Seventy-five dollars for a bulk rack meter;

21157

(6) Seventy-five dollars for aan LPG meter.

21158

A person who is issued a permit under this section and who	21159
seeks to renew that permit shall pay an annual permit renewal fee.	21160
The amount of a permit renewal fee shall be equal to the	21161
application fee for that permit established in this division.	21162

(H) All money collected through the payment of fees and the	21163
imposition of penalties under this section shall be credited to	21164
the metrology and scale certification and device permitting fund	21165
created in section 1327.511 of the Revised Code.	21166

Sec. 1327.502. A service person who is employed by a	21167
commercially used weighing and measuring device servicing agency	21168
shall register with the director of agriculture in accordance with	21169
rules adopted under section 1327.50 of the Revised Code.	21170

Sec. 1327.61. No person shall do any of the following:

21171

(A) Use or have in possession for use in commerce any	21172
incorrect weight or measure;	21173

(B) Wrap, package, label, or advertise any product or service	21174
contrary to this chapter, or any rules adopted under it, or sell,	21175
offer, hold, or expose for sale any service or product wrapped,	21176
packaged, labeled, or offered for sale contrary to this chapter or	21177
any rules adopted under it, or misrepresent the quantity or price	21178
or service contrary to this chapter, or any rules adopted under	21179
it;	21180

(C) Remove any tag, seal, or mark from any weight or measure	21181
without specific written authorization from the proper authority;	21182

(D) Install for use, repair, service, or place into service a	21183
commercially used weighing and measuring device unless the	21184
installation, repair, service, or placement is performed by one of	21185
the following:	21186

(1) A department of agriculture division of weights and	21187
measures inspector;	21188

(2) A service person registered with the department;

21189

(3) A county or municipal weights and measures inspector.

21190

(E) Hinder or obstruct any weights and measures official in	21191
the performance of ~~his~~official duties;	21192

~~(E)~~(F) Sell or offer for use in commerce any incorrect weight	21193
or measure.	21194

Sec. 1327.99. Whoever violates section 1327.501 or 1327.54	21195
or division (A), (B), (C), or ~~(D)~~(E) of section 1327.61 of the	21196
Revised Code or a rule adopted under sections 1327.46 to 1327.61	21197
of the Revised Code is guilty of a misdemeanor of the second	21198
degree on a first offense; on each subsequent offense within seven	21199
years after the first offense, ~~such~~the person is guilty of a	21200
misdemeanor of the first degree.	21201

Sec. 1337.11. As used in sections 1337.11 to 1337.17 of the	21202
Revised Code:	21203

(A) "Adult" means a person who is eighteen years of age or	21204
older.	21205

(B) "Attending physician" means the physician to whom a	21206
principal or the family of a principal has assigned primary	21207
responsibility for the treatment or care of the principal or, if	21208
the responsibility has not been assigned, the physician who has	21209
accepted that responsibility.	21210

21211

(1) Nutrition when administered to diminish the pain or	21212
discomfort of a principal, but not to postpone death;	21213

(2) Hydration when administered to diminish the pain or	21214
discomfort of a principal, but not to postpone death;	21215

(3) Any other medical or nursing procedure, treatment,	21216
intervention, or other measure that is taken to diminish the pain	21217
or discomfort of a principal, but not to postpone death.	21218

(D) "Consulting physician" means a physician who, in	21219
conjunction with the attending physician of a principal, makes one	21220
or more determinations that are required to be made by the	21221
attending physician, or to be made by the attending physician and	21222
one other physician, by an applicable provision of sections	21223
1337.11 to 1337.17 of the Revised Code, to a reasonable degree of	21224
medical certainty and in accordance with reasonable medical	21225
standards.	21226

(E) "Declaration for mental health treatment" has the same	21227
meaning as in section 2135.01 of the Revised Code.	21228

(F) "Guardian" means a person appointed by a probate court	21229
pursuant to Chapter 2111. of the Revised Code to have the care and	21230
management of the person of an incompetent.	21231

(G) "Health care" means any care, treatment, service, or	21232
procedure to maintain, diagnose, or treat an individual's physical	21233
or mental condition or physical or mental health.	21234

(H) "Health care decision" means informed consent, refusal to	21235
give informed consent, or withdrawal of informed consent to health	21236
care.	21237

(I) "Health care facility" means any of the following:

21238

(1) A hospital;

21239

(2) A hospice care program, pediatric respite care program,	21240
or other institution that specializes in comfort care of patients	21241
in a terminal condition or in a permanently unconscious state;	21242

(3) A nursing home;

21243

(4) A home health agency;

21244

(5) An intermediate care facility for ~~the mentally retarded~~	21245
individuals with intellectual disabilities;	21246

(6) A regulated community mental health organization.

21247

(J) "Health care personnel" means physicians, nurses,	21248
physician assistants, emergency medical technicians-basic,	21249
emergency medical technicians-intermediate, emergency medical	21250
technicians-paramedic, medical technicians, dietitians, other	21251
authorized persons acting under the direction of an attending	21252
physician, and administrators of health care facilities.	21253

(K) "Home health agency" has the same meaning as in section	21254
3701.881 of the Revised Code.	21255

(L) "Hospice care program" and "pediatric respite care	21256
program" have the same meanings as in section 3712.01 of the	21257
Revised Code.	21258

(M) "Hospital" has the same meanings as in sections 3701.01,	21259
3727.01, and 5122.01 of the Revised Code.	21260

(N) "Hydration" means fluids that are artificially or	21261
technologically administered.	21262

(O) "Incompetent" has the same meaning as in section 2111.01	21263
of the Revised Code.	21264

(P) "Intermediate care facility for ~~the mentally retarded~~	21265
individuals with intellectual disabilities" has the same meaning	21266
as in section ~~5111.20~~5124.01 of the Revised Code.	21267

(Q) "Life-sustaining treatment" means any medical procedure,	21268
treatment, intervention, or other measure that, when administered	21269
to a principal, will serve principally to prolong the process of	21270
dying.	21271

(R) "Medical claim" has the same meaning as in section	21272
2305.113 of the Revised Code.	21273

(S) "Mental health treatment" has the same meaning as in	21274
section 2135.01 of the Revised Code.	21275

(T) "Nursing home" has the same meaning as in section 3721.01	21276
of the Revised Code.	21277

(U) "Nutrition" means sustenance that is artificially or	21278
technologically administered.	21279

(V) "Permanently unconscious state" means a state of	21280
permanent unconsciousness in a principal that, to a reasonable	21281
degree of medical certainty as determined in accordance with	21282
reasonable medical standards by the principal's attending	21283
physician and one other physician who has examined the principal,	21284
is characterized by both of the following:	21285

(1) Irreversible unawareness of one's being and environment.

21286

(2) Total loss of cerebral cortical functioning, resulting in	21287
the principal having no capacity to experience pain or suffering.	21288

(W) "Person" has the same meaning as in section 1.59 of the	21289
Revised Code and additionally includes political subdivisions and	21290
governmental agencies, boards, commissions, departments,	21291
institutions, offices, and other instrumentalities.	21292

(X) "Physician" means a person who is authorized under	21293
Chapter 4731. of the Revised Code to practice medicine and surgery	21294
or osteopathic medicine and surgery.	21295

(Y) "Political subdivision" and "state" have the same	21296
meanings as in section 2744.01 of the Revised Code.	21297

(Z) "Professional disciplinary action" means action taken by	21298
the board or other entity that regulates the professional conduct	21299
of health care personnel, including the state medical board and	21300
the board of nursing.	21301

(AA) "Regulated community mental health organization" means a	21302
residential facility as defined and licensed under section ~~5119.22~~	21303
5119.34 of the Revised Code or a community mental health ~~agency~~	21304
services provider as defined in section 5122.01 of the Revised	21305
Code.	21306

(BB) "Terminal condition" means an irreversible, incurable,	21307
and untreatable condition caused by disease, illness, or injury	21308
from which, to a reasonable degree of medical certainty as	21309
determined in accordance with reasonable medical standards by a	21310
principal's attending physician and one other physician who has	21311
examined the principal, both of the following apply:	21312

(1) There can be no recovery.

21313

(2) Death is likely to occur within a relatively short time	21314
if life-sustaining treatment is not administered.	21315

(CC) "Tort action" means a civil action for damages for	21316
injury, death, or loss to person or property, other than a civil	21317
action for damages for a breach of contract or another agreement	21318
between persons.	21319

Sec. 1347.08. (A) Every state or local agency that maintains	21320
a personal information system, upon the request and the proper	21321
identification of any person who is the subject of personal	21322
information in the system, shall:	21323

(1) Inform the person of the existence of any personal	21324
information in the system of which the person is the subject;	21325

(2) Except as provided in divisions (C) and (E)(2) of this	21326
section, permit the person, the person's legal guardian, or an	21327
attorney who presents a signed written authorization made by the	21328
person, to inspect all personal information in the system of which	21329
the person is the subject;	21330

(3) Inform the person about the types of uses made of the	21331
personal information, including the identity of any users usually	21332
granted access to the system.	21333

(B) Any person who wishes to exercise a right provided by	21334
this section may be accompanied by another individual of the	21335
person's choice.	21336

(C)(1) A state or local agency, upon request, shall disclose	21337
medical, psychiatric, or psychological information to a person who	21338
is the subject of the information or to the person's legal	21339
guardian, unless a physician, psychiatrist, or psychologist	21340
determines for the agency that the disclosure of the information	21341
is likely to have an adverse effect on the person, in which case	21342
the information shall be released to a physician, psychiatrist, or	21343
psychologist who is designated by the person or by the person's	21344
legal guardian.	21345

(2) Upon the signed written request of either a licensed	21346
attorney at law or a licensed physician designated by the inmate,	21347
together with the signed written request of an inmate of a	21348
correctional institution under the administration of the	21349
department of rehabilitation and correction, the department shall	21350
disclose medical information to the designated attorney or	21351
physician as provided in division (C) of section 5120.21 of the	21352
Revised Code.	21353

(D) If an individual who is authorized to inspect personal	21354
information that is maintained in a personal information system	21355
requests the state or local agency that maintains the system to	21356
provide a copy of any personal information that the individual is	21357
authorized to inspect, the agency shall provide a copy of the	21358
personal information to the individual. Each state and local	21359
agency may establish reasonable fees for the service of copying,	21360
upon request, personal information that is maintained by the	21361
agency.	21362

(E)(1) This section regulates access to personal information	21363
that is maintained in a personal information system by persons who	21364
are the subject of the information, but does not limit the	21365
authority of any person, including a person who is the subject of	21366
personal information maintained in a personal information system,	21367
to inspect or have copied, pursuant to section 149.43 of the	21368
Revised Code, a public record as defined in that section.	21369

(2) This section does not provide a person who is the subject	21370
of personal information maintained in a personal information	21371
system, the person's legal guardian, or an attorney authorized by	21372
the person, with a right to inspect or have copied, or require an	21373
agency that maintains a personal information system to permit the	21374
inspection of or to copy, a confidential law enforcement	21375
investigatory record or trial preparation record, as defined in	21376
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	21377

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

21378

(1) The contents of an adoption file maintained by the	21379
department of health under section 3705.12 of the Revised Code;	21380

(2) Information contained in the putative father registry	21381
established by section 3107.062 of the Revised Code, regardless of	21382
whether the information is held by the department of job and	21383
family services or, pursuant to section 3111.69 of the Revised	21384
Code, the office of child support in the department or a child	21385
support enforcement agency;	21386

(3) Papers, records, and books that pertain to an adoption	21387
and that are subject to inspection in accordance with section	21388
3107.17 of the Revised Code;	21389

(4) Records listed in division (A) of section 3107.42 of the	21390
Revised Code or specified in division (A) of section 3107.52 of	21391
the Revised Code;	21392

(5) Records that identify an individual described in division	21393
(A)(1) of section 3721.031 of the Revised Code, or that would tend	21394
to identify such an individual;	21395

(6) Files and records that have been expunged under division	21396
(D)(1) or (2) of section 3721.23 of the Revised Code;	21397

(7) Records that identify an individual described in division	21398
(A)(1) of section 3721.25 of the Revised Code, or that would tend	21399
to identify such an individual;	21400

(8) Records that identify an individual described in division	21401
(A)(1) of section ~~5111.61~~5165.88 of the Revised Code, or that	21402
would tend to identify such an individual;	21403

(9) Test materials, examinations, or evaluation tools used in	21404
an examination for licensure as a nursing home administrator that	21405
the board of ~~examiners~~executives of ~~nursing home administrators~~	21406
long-term services and supports administers under section 4751.04	21407
of the Revised Code or contracts under that section with a private	21408
or government entity to administer;	21409

(10) Information contained in a database established and	21410
maintained pursuant to section 5101.13 of the Revised Code.	21411

Sec. 1501.011. (A) ~~The~~Except as provided in divisions (B),	21412
(C), and (D) of this section, the Ohio facilities construction	21413
commission shall supervise the design and construction of, and	21414
make contracts for the construction, reconstruction, improvement,	21415
enlargement, alteration, repair, or decoration of, any projects or	21416
improvements for the department of natural resources ~~has the~~	21417
~~following powers in addition to its other powers: to prepare, or~~	21418
~~contract to be prepared, surveys, general and detailed plans,~~	21419
~~specifications, bills of materials, and estimates of cost for, to~~	21420
~~enter into contracts for, and to supervise the performance of~~	21421
~~labor, the furnishing of materials, or the construction, repair,~~	21422
~~or maintenance of any projects, improvements, or buildings, on~~	21423
~~lands and waters under the control of the department, as~~that may	21424
be authorized by legislative appropriations or any other funds	21425
available therefor, the estimated cost of which amounts to two	21426
hundred thousand dollars or more or the amount determined pursuant	21427
to section 153.53 of the Revised Code or more.	21428

(B) ~~Except as provided in division (E) of this section, the~~	21429
~~director of natural resources shall publish notice in a newspaper~~	21430
~~of general circulation in the region where the activity for which~~	21431
~~bids are submitted is to occur and in any other newspapers that~~	21432
~~the director determines are appropriate, at least once each week~~	21433
~~for four consecutive weeks, the last publication to be at least~~	21434
~~eight days preceding the day for opening bids, seeking proposals~~	21435
~~on each contract for the performance of labor, the furnishing of~~	21436
~~materials, or the construction, repair, or maintenance of~~	21437
~~projects, improvements, or buildings, as necessary for compliance~~	21438
~~with provisions of the act to make appropriations for capital~~	21439
~~improvements or the act to make general appropriations, and the~~	21440
~~director may also advertise in such trade journals as will afford~~	21441
~~adequate information to the public of the terms of the contract~~	21442
~~and the nature of the work to be performed, together with the time~~	21443
~~of the letting and place and manner of receiving proposals, and~~	21444
~~the places where plans and specifications are on file. A proposal~~	21445
~~is invalid and shall not be considered by the department unless~~	21446
~~the form for proposals specified by the department is used without~~	21447
~~change, alteration, or addition~~The department of natural	21448
resources shall administer the construction of improvements under	21449
an agreement with the supervisors of a soil and water conservation	21450
district pursuant to division (I) of section 1515.08 of the	21451
Revised Code.	21452

(C) ~~Each bidder for a contract for the performance of labor,~~	21453
~~the furnishing of materials, or the maintenance, construction,~~	21454
~~demolition, alteration, repair, or reconstruction of an~~	21455
~~improvement shall meet the requirements of section 153.54 of the~~	21456
~~Revised Code. The director may require each bidder to furnish~~	21457
~~under oath, upon such printed forms as the director may prescribe,~~	21458
~~detailed information with respect to the bidder's financial~~	21459
~~resources, equipment, past performance record, organization~~	21460
~~personnel, and experience, together with such other information as~~	21461
~~the director considers necessary.~~	21462

~~(D) The director shall award the contract to the lowest~~	21463
~~responsive and responsible bidder in accordance with section 9.312~~	21464
~~of the Revised Code. The award shall be made within a reasonable~~	21465
~~time after the date on which the bids were opened, and the~~	21466
~~successful bidder shall enter into a contract within ten days from~~	21467
~~the date the successful bidder is notified that the contract has~~	21468
~~been awarded, or within any longer period that the director~~	21469
~~considers necessary. Nothing in this section shall preclude the~~	21470
~~rejection of any bid the acceptance of which is not in the best~~	21471
~~interests of the state. No contract shall be entered into until~~	21472
~~the bureau of workers' compensation has certified that the~~	21473
~~corporation, partnership, or person awarded the contract has~~	21474
~~complied with Chapter 4123. of the Revised Code and until, if the~~	21475
~~bidder awarded the contract is a foreign corporation, the~~	21476
~~secretary of state has certified that the corporation is~~	21477
~~authorized to do business in this state, and until, if the bidder~~	21478
~~so awarded the contract is a person or partnership nonresident of~~	21479
~~this state, the person or partnership has filed with the secretary~~	21480
~~of state a power of attorney designating the secretary of state as~~	21481
~~its agency for the purpose of accepting service of process.~~	21482

~~(E) With respect to the director's entering into a contract~~	21483
~~for the performance of labor, the furnishing of materials, or the~~	21484
~~construction, repair, or maintenance of any projects,~~	21485
~~improvements, or buildings on lands and waters under the control~~	21486
~~of the department, both of the following apply:~~	21487

~~(1) The director is not required to advertise for and receive~~	21488
~~bids if the total estimated cost of the contract is less than~~	21489
~~twenty-five thousand dollars.~~	21490

~~(2) The director is not required to advertise for bids,~~	21491
~~regardless of the cost of the contract, if the~~(1) The department	21492
of natural resources shall supervise the design and construction	21493
of, and make contracts for the construction, reconstruction,	21494
improvement, enlargement, alteration, repair, or decoration of,	21495
any of the following activities, projects, or improvements:	21496

(a) Dam repairs administered by the division of engineering	21497
under Chapter 1507. of the Revised Code;	21498

(b) Projects or improvements administered by the division of	21499
watercraft and funded through the waterways safety fund	21500
established in section 1547.75 of the Revised Code;	21501

(c) Projects or improvements administered by the division of	21502
wildlife under Chapter 1531. or 1533. of the Revised Code;	21503

(d) Activities conducted by the department pursuant to	21504
section 5511.05 of the Revised Code in order to maintain the	21505
department's roadway inventory.	21506

(2) If a contract to be let under division (C)(1) of this	21507
section involves an exigency that concerns the public health,	21508
safety, or welfare or addresses an emergency situation in which	21509
timeliness is crucial in preventing the cost of the contract from	21510
increasing significantly~~. Regarding such a contract, the director~~	21511
~~may solicit bids by sending a letter to a minimum of three~~	21512
~~contractors in the region where the contract is to be let or by~~	21513
~~any other means that the director considers appropriate.~~	21514

~~(F) The director may insert in any contract awarded under~~	21515
~~this section a clause providing for value engineering change~~	21516
~~proposals, under which a contractor who has been awarded a~~	21517
~~contract may propose a change in the plans and specifications of~~	21518
~~the project that saves the department time or money on the project~~	21519
~~without impairing any of the essential functions and~~	21520
~~characteristics of the project such as service life, reliability,~~	21521
~~economy of operation, ease of maintenance, safety, and necessary~~	21522
~~standardized features. If the director adopts the value~~	21523
~~engineering proposal, the savings from the proposal shall be~~	21524
~~divided between the department and the contractor according to~~	21525
~~guidelines established by the director, provided that the~~	21526
~~contractor shall receive at least fifty per cent of the savings~~	21527
~~from the proposal. The adoption of a value engineering proposal~~	21528
~~does not invalidate the award of the contract or require the~~	21529
~~director to rebid the project.~~	21530

~~(G) When in the opinion of the department the work under any~~	21531
~~contract made under this section or any law of the state is~~	21532
~~neglected by the contractor, the work completed is deficient in~~	21533
~~quality or materials, or the work is not prosecuted with the~~	21534
~~diligence and force specified or intended in the contract, the~~	21535
~~department may require the contractor to provide, at no additional~~	21536
~~expense to the department, any additional labor and materials that~~	21537
~~are necessary to complete the improvements at the level of quality~~	21538
~~and within the time of performance specified in the contract.~~	21539
~~Procedures concerning such a requirement together with its format~~	21540
~~shall be specified in the contract. If the contractor fails to~~	21541
~~comply with the requirement within the period specified in the~~	21542
~~contract, the department may take action to complete the work~~	21543
~~through other means, up to and including termination of the~~	21544
~~contract.~~	21545

~~(H) When an exigency occurs or there is immediate danger of~~	21546
~~an exigency that would materially impair the successful bidding,~~	21547
~~construction, or completion of a project, improvement, or~~	21548
~~building, the director may revise related plans and specifications~~	21549
~~as necessary to address the exigency through the issuance of an~~	21550
~~addendum prior to the opening of bids or, in accordance with~~	21551
~~procedures established in section 153.62 of the Revised Code,~~	21552
~~through the issuance of a change order after the contract has been~~	21553
~~awarded~~, pursuant to the declaration of a public exigency, the	21554
department may award the contract without competitive bidding or	21555
selection as otherwise required by Chapter 153. of the Revised	21556
Code.	21557

(D) The executive director of the Ohio facilities	21558
construction commission may authorize the department of natural	21559
resources to administer any other project or improvement, the	21560
estimated cost of which, including design fees, construction,	21561
equipment, and contingency amounts, is not more than one million	21562
five hundred thousand dollars.	21563

Sec. 1501.45. (A) As used in this section:

21564

(1) "Forfeiture laws" means provisions that are established	21565
in Title XXIX of the Revised Code and that govern the forfeiture	21566
and disposition of certain property that is seized pursuant to a	21567
law enforcement investigation.	21568

(2) "Law enforcement division" means the division of	21569
forestry, the division of natural areas and preserves, the	21570
division of wildlife, the division of parks and recreation, or the	21571
division of watercraft in the department of natural resources.	21572

(3) "Law enforcement fund" means a fund created in this	21573
section.	21574

(B) Except as otherwise provided in this section and	21575
notwithstanding any provision of the Revised Code that is not in	21576
Title XV of the Revised Code to the contrary, the forfeiture laws	21577
apply to a law enforcement division that substantially conducts an	21578
investigation that results in the ordered forfeiture of property	21579
and also apply to the involved forfeiture of property, and the law	21580
enforcement division shall comply with those forfeiture laws.	21581
Accordingly, the portion of the forfeiture laws that authorizes	21582
certain proceeds from forfeited property to be distributed to the	21583
law enforcement agency that substantially conducted the	21584
investigation that resulted in the seizure of the subsequently	21585
forfeited property apply to the law enforcement divisions except	21586
as provided in division (C)(2)(a) of this section. If a law	21587
enforcement division is eligible to receive such proceeds, the	21588
proceeds shall be deposited into the state treasury to the credit	21589
of the applicable law enforcement fund.	21590

(C)(1) There are hereby created in the state treasury ~~the~~	21591
~~division of forestry law enforcement fund, the division of natural~~	21592
~~areas and preserves law enforcement fund,~~ the division of wildlife	21593
law enforcement fund, the division of parks and recreation law	21594
enforcement fund, and the division of watercraft law enforcement	21595
fund. ~~The~~	21596

(2) The funds shall consist of proceeds from forfeited	21597
property that are deposited ~~in accordance with this section. The~~	21598
as follows:	21599

(a) Proceeds from forfeited property resulting from an	21600
investigation conducted by the division of forestry, the division	21601
of natural areas and preserves, or the division of parks and	21602
recreation shall be deposited in the division of parks and	21603
recreation law enforcement fund.	21604

(b) Proceeds from forfeited property resulting from an	21605
investigation conducted by the division of wildlife shall be	21606
deposited in the division of wildlife law enforcement fund.	21607

(c) Proceeds from forfeited property resulting from an	21608
investigation conducted by the division of watercraft shall be	21609
deposited in the division of watercraft law enforcement fund.	21610

(3) The funds shall be used ~~by the applicable law enforcement~~	21611
~~division~~ for law enforcement purposes specified in the forfeiture	21612
laws~~; however, a~~as follows:	21613

(a) Money in the division of parks and recreation law	21614
enforcement fund shall be used by the division of parks and	21615
recreation.	21616

(b) Money in the division of wildlife law enforcement fund	21617
shall be used by the division of wildlife.	21618

(c) Money in the division of watercraft law enforcement fund	21619
shall be used by the division of watercraft.	21620

(4) A law enforcement division shall not use ~~such funds~~its	21621
fund to pay the salaries of its employees or to provide for any	21622
other remuneration of personnel.	21623

(D) If the forfeiture laws conflict with any provisions that	21624
govern forfeitures and that are established in another section of	21625
Title XV of the Revised Code, the provisions established in the	21626
other section of Title XV apply.	21627

Sec. 1509.01. As used in this chapter:

21628

(A) "Well" means any borehole, whether drilled or bored,	21629
within the state for production, extraction, or injection of any	21630
gas or liquid mineral, excluding potable water to be used as such,	21631
but including natural or artificial brines and oil field waters.	21632

(B) "Oil" means crude petroleum oil and all other	21633
hydrocarbons, regardless of gravity, that are produced in liquid	21634
form by ordinary production methods, but does not include	21635
hydrocarbons that were originally in a gaseous phase in the	21636
reservoir.	21637

(C) "Gas" means all ~~natural gas and all other fluid~~	21638
hydrocarbons that are ~~not oil, including condensate~~in a gaseous	21639
state at standard temperature and pressure.	21640

(D) "Condensate" means liquid hydrocarbons separated at or	21641
near the well pad or along the gas production or gathering system	21642
prior to gas processing.	21643

(E) "Pool" means an underground reservoir containing a common	21644
accumulation of oil or gas, or both, but does not include a gas	21645
storage reservoir. Each zone of a geological structure that is	21646
completely separated from any other zone in the same structure may	21647
contain a separate pool.	21648

(F) "Field" means the general area underlaid by one or more	21649
pools.	21650

(G) "Drilling unit" means the minimum acreage on which one	21651
well may be drilled, but does not apply to a well for injecting	21652
gas into or removing gas from a gas storage reservoir.	21653

(H) "Waste" includes all of the following:

21654

(1) Physical waste, as that term generally is understood in	21655
the oil and gas industry;	21656

(2) Inefficient, excessive, or improper use, or the	21657
unnecessary dissipation, of reservoir energy;	21658

(3) Inefficient storing of oil or gas;

21659

(4) Locating, drilling, equipping, operating, or producing an	21660
oil or gas well in a manner that reduces or tends to reduce the	21661
quantity of oil or gas ultimately recoverable under prudent and	21662
proper operations from the pool into which it is drilled or that	21663
causes or tends to cause unnecessary or excessive surface loss or	21664
destruction of oil or gas;	21665

(5) Other underground or surface waste in the production or	21666
storage of oil, gas, or condensate, however caused.	21667

(I) "Correlative rights" means the reasonable opportunity to	21668
every person entitled thereto to recover and receive the oil and	21669
gas in and under the person's tract or tracts, or the equivalent	21670
thereof, without having to drill unnecessary wells or incur other	21671
unnecessary expense.	21672

(J) "Tract" means a single, individually taxed parcel of land	21673
appearing on the tax list.	21674

(K) "Owner," unless referring to a mine, means the person who	21675
has the right to drill on a tract or drilling unit, to drill into	21676
and produce from a pool, and to appropriate the oil or gas	21677
produced therefrom either for the person or for others, except	21678
that a person ceases to be an owner with respect to a well when	21679
the well has been plugged in accordance with applicable rules	21680
adopted and orders issued under this chapter. "Owner" does not	21681
include a person who obtains a lease of the mineral rights for oil	21682
and gas on a parcel of land if the person does not attempt to	21683
produce or produce oil or gas from a well or obtain a permit under	21684
this chapter for a well or if the entire interest of a well is	21685
transferred to the person in accordance with division (B) of	21686
section 1509.31 of the Revised Code.	21687

(L) "Royalty interest" means the fee holder's share in the	21688
production from a well.	21689

(M) "Discovery well" means the first well capable of	21690
producing oil or gas in commercial quantities from a pool.	21691

(N) "Prepared clay" means a clay that is plastic and is	21692
thoroughly saturated with fresh water to a weight and consistency	21693
great enough to settle through saltwater in the well in which it	21694
is to be used, except as otherwise approved by the chief of the	21695
division of oil and gas resources management.	21696

(O) "Rock sediment" means the combined cutting and residue	21697
from drilling sedimentary rocks and formation.	21698

(P) "Excavations and workings," "mine," and "pillar" have the	21699
same meanings as in section 1561.01 of the Revised Code.	21700

(Q) "Coal bearing township" means a township designated as	21701
such by the chief of the division of mineral resources management	21702
under section 1561.06 of the Revised Code.	21703

(R) "Gas storage reservoir" means a continuous area of a	21704
subterranean porous sand or rock stratum or strata into which gas	21705
is or may be injected for the purpose of storing it therein and	21706
removing it therefrom and includes a gas storage reservoir as	21707
defined in section 1571.01 of the Revised Code.	21708

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	21709
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	21710
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	21711
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	21712
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	21713
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	21714
regulations adopted under those acts.	21715

(T) "Person" includes any political subdivision, department,	21716
agency, or instrumentality of this state; the United States and	21717
any department, agency, or instrumentality thereof; and any legal	21718
entity defined as a person under section 1.59 of the Revised Code.	21719

(U) "Brine" means all saline geological formation water	21720
resulting from, obtained from, or produced in connection with	21721
exploration, drilling, well stimulation, production of oil or gas,	21722
or plugging of a well.	21723

(V) "Waters of the state" means all streams, lakes, ponds,	21724
marshes, watercourses, waterways, springs, irrigation systems,	21725
drainage systems, and other bodies of water, surface or	21726
underground, natural or artificial, that are situated wholly or	21727
partially within this state or within its jurisdiction, except	21728
those private waters that do not combine or effect a junction with	21729
natural surface or underground waters.	21730

(W) "Exempt Mississippian well" means a well that meets all	21731
of the following criteria:	21732

(1) Was drilled and completed before January 1, 1980;

21733

(2) Is located in an unglaciated part of the state;

21734

(3) Was completed in a reservoir no deeper than the	21735
Mississippian Big Injun sandstone in areas underlain by	21736
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	21737
sandstone in areas directly underlain by Permian stratigraphy;	21738

(4) Is used primarily to provide oil or gas for domestic use.

21739

(X) "Exempt domestic well" means a well that meets all of the	21740
following criteria:	21741

(1) Is owned by the owner of the surface estate of the tract	21742
on which the well is located;	21743

(2) Is used primarily to provide gas for the owner's domestic	21744
use;	21745

(3) Is located more than two hundred feet horizontal distance	21746
from any inhabited private dwelling house other than an inhabited	21747
private dwelling house located on the tract on which the well is	21748
located;	21749

(4) Is located more than two hundred feet horizontal distance	21750
from any public building that may be used as a place of resort,	21751
assembly, education, entertainment, lodging, trade, manufacture,	21752
repair, storage, traffic, or occupancy by the public.	21753

(Y) "Urbanized area" means an area where a well or production	21754
facilities of a well are located within a municipal corporation or	21755
within a township that has an unincorporated population of more	21756
than five thousand in the most recent federal decennial census	21757
prior to the issuance of the permit for the well or production	21758
facilities.	21759

(Z) "Well stimulation" or "stimulation of a well" means the	21760
process of enhancing well productivity, including hydraulic	21761
fracturing operations.	21762

(AA) "Production operation" means all operations and	21763
activities and all related equipment, facilities, and other	21764
structures that may be used in or associated with the exploration	21765
and production of oil, gas, or other mineral resources that are	21766
regulated under this chapter, including operations and activities	21767
associated with site preparation, site construction, access road	21768
construction, well drilling, well completion, well stimulation,	21769
well site activities, reclamation, and plugging. "Production	21770
operation" also includes all of the following:	21771

(1) The piping, equipment, and facilities used for the	21772
production and preparation of hydrocarbon gas or liquids for	21773
transportation or delivery;	21774

(2) The processes of extraction and recovery, lifting,	21775
stabilization, treatment, separation, production processing,	21776
storage, waste disposal, and measurement of hydrocarbon gas and	21777
liquids, including related equipment and facilities;	21778

(3) The processes and related equipment and facilities	21779
associated with production compression, gas lift, gas injection,	21780
fuel gas supply, well drilling, well stimulation, and well	21781
completion activities, including dikes, pits, and earthen and	21782
other impoundments used for the temporary storage of fluids and	21783
waste substances associated with well drilling, well stimulation,	21784
and well completion activities.	21785

(BB) "Annular overpressurization" means the accumulation of	21786
fluids within an annulus with sufficient pressure to allow	21787
migration of annular fluids into underground sources of drinking	21788
water.	21789

(CC) "Idle and orphaned well" means a well for which a bond	21790
has been forfeited or an abandoned well for which no money is	21791
available to plug the well in accordance with this chapter and	21792
rules adopted under it.	21793

(DD) "Temporarily inactive well" means a well that has been	21794
granted temporary inactive status under section 1509.062 of the	21795
Revised Code.	21796

(EE) "Material and substantial violation" means any of the	21797
following:	21798

(1) Failure to obtain a permit to drill, reopen, convert,	21799
plugback, or plug a well under this chapter;	21800

(2) Failure to obtain, maintain, update, or submit proof of	21801
insurance coverage that is required under this chapter;	21802

(3) Failure to obtain, maintain, update, or submit proof of a	21803
surety bond that is required under this chapter;	21804

(4) Failure to plug an abandoned well or idle and orphaned	21805
well unless the well has been granted temporary inactive status	21806
under section 1509.062 of the Revised Code or the chief of the	21807
division of oil and gas resources management has approved another	21808
option concerning the abandoned well or idle and orphaned well;	21809

(5) Failure to restore a disturbed land surface as required	21810
by section 1509.072 of the Revised Code;	21811

(6) Failure to reimburse the oil and gas well fund pursuant	21812
to a final order issued under section 1509.071 of the Revised	21813
Code;	21814

(7) Failure to comply with a final nonappealable order of the	21815
chief issued under section 1509.04 of the Revised Code;	21816

(8) Failure to submit a report, test result, fee, or document	21817
that is required in this chapter or rules adopted under it.	21818

(FF) "Severer" has the same meaning as in section 5749.01 of	21819
the Revised Code.	21820

(GG) "Horizontal well" means a well that is drilled for the	21821
production of oil or gas in which the wellbore reaches a	21822
horizontal or near horizontal position in the Point Pleasant,	21823
Utica, or Marcellus formation and the well is stimulated.	21824

(HH) "Well pad" means the area that is cleared or prepared	21825
for the drilling of one or more horizontal wells.	21826

(II) "British thermal unit" means the measure of heat energy	21827
required to raise the temperature of one pound of water by one	21828
degree fahrenheit at a specified temperature.	21829

Sec. 1509.02. There is hereby created in the department of	21830
natural resources the division of oil and gas resources	21831
management, which shall be administered by the chief of the	21832
division of oil and gas resources management. The division has	21833
sole and exclusive authority to regulate the permitting, location,	21834
and spacing of oil and gas wells and production operations within	21835
the state, excepting only those activities regulated under federal	21836
laws for which oversight has been delegated to the environmental	21837
protection agency and activities regulated under sections 6111.02	21838
to ~~6111.029~~6111.028 of the Revised Code. The regulation of oil	21839
and gas activities is a matter of general statewide interest that	21840
requires uniform statewide regulation, and this chapter and rules	21841
adopted under it constitute a comprehensive plan with respect to	21842
all aspects of the locating, drilling, well stimulation,	21843
completing, and operating of oil and gas wells within this state,	21844
including site construction and restoration, permitting related to	21845
those activities, and the disposal of wastes from those wells. In	21846
order to assist the division in the furtherance of its sole and	21847
exclusive authority as established in this section, the chief may	21848
enter into cooperative agreements with other state agencies for	21849
advice and consultation, including visitations at the surface	21850
location of a well on behalf of the division. Such cooperative	21851
agreements do not confer on other state agencies any authority to	21852
administer or enforce this chapter and rules adopted under it. In	21853
addition, such cooperative agreements shall not be construed to	21854
dilute or diminish the division's sole and exclusive authority as	21855
established in this section. Nothing in this section affects the	21856
authority granted to the director of transportation and local	21857
authorities in section 723.01 or 4513.34 of the Revised Code,	21858
provided that the authority granted under those sections shall not	21859
be exercised in a manner that discriminates against, unfairly	21860
impedes, or obstructs oil and gas activities and operations	21861
regulated under this chapter.	21862

The chief shall not hold any other public office, nor shall	21863
the chief be engaged in any occupation or business that might	21864
interfere with or be inconsistent with the duties as chief.	21865

All moneys collected by the chief pursuant to sections	21866
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222,	21867
1509.28, and 1509.34~~, and 1509.50~~ of the Revised Code, ninety per	21868
cent of moneys received by the treasurer of state from the tax	21869
levied in divisions (A)(5) and (6) of section 5749.02 of the	21870
Revised Code, all civil penalties paid under section 1509.33 of	21871
the Revised Code, and, notwithstanding any section of the Revised	21872
Code relating to the distribution or crediting of fines for	21873
violations of the Revised Code, all fines imposed under divisions	21874
(A) and (B) of section 1509.99 of the Revised Code and fines	21875
imposed under divisions (C) and (D) of section 1509.99 of the	21876
Revised Code for all violations prosecuted by the attorney general	21877
and for violations prosecuted by prosecuting attorneys that do not	21878
involve the transportation of brine by vehicle shall be deposited	21879
into the state treasury to the credit of the oil and gas well	21880
fund, which is hereby created. Fines imposed under divisions (C)	21881
and (D) of section 1509.99 of the Revised Code for violations	21882
prosecuted by prosecuting attorneys that involve the	21883
transportation of brine by vehicle and penalties associated with a	21884
compliance agreement entered into pursuant to this chapter shall	21885
be paid to the county treasury of the county where the violation	21886
occurred.	21887

The fund shall be used solely and exclusively for the	21888
purposes enumerated in division (B) of section 1509.071 of the	21889
Revised Code, for the expenses of the division associated with the	21890
administration of this chapter and Chapter 1571. of the Revised	21891
Code and rules adopted under them, and for expenses that are	21892
critical and necessary for the protection of human health and	21893
safety and the environment related to oil and gas production in	21894
this state. The expenses of the division in excess of the moneys	21895
available in the fund shall be paid from general revenue fund	21896
appropriations to the department.	21897

Sec. 1509.06. (A) An application for a permit to drill a new	21898
well, drill an existing well deeper, reopen a well, convert a well	21899
to any use other than its original purpose, or plug back a well to	21900
a different source of supply, including associated production	21901
operations, shall be filed with the chief of the division of oil	21902
and gas resources management upon such form as the chief	21903
prescribes and shall contain each of the following that is	21904
applicable:	21905

(1) The name and address of the owner and, if a corporation,	21906
the name and address of the statutory agent;	21907

(2) The signature of the owner or the owner's authorized	21908
agent. When an authorized agent signs an application, it shall be	21909
accompanied by a certified copy of the appointment as such agent.	21910

(3) The names and addresses of all persons holding the	21911
royalty interest in the tract upon which the well is located or is	21912
to be drilled or within a proposed drilling unit;	21913

(4) The location of the tract or drilling unit on which the	21914
well is located or is to be drilled identified by section or lot	21915
number, city, village, township, and county;	21916

(5) Designation of the well by name and number;

21917

(6)(a) The geological formation to be tested or used and the	21918
proposed total depth of the well;	21919

(b) If the well is for the injection of a liquid, identity of	21920
the geological formation to be used as the injection zone and the	21921
composition of the liquid to be injected.	21922

(7) The type of drilling equipment to be used;

21923

(8)(a) An identification, to the best of the owner's	21924
knowledge, of each proposed source of ground water and surface	21925
water that will be used in the production operations of the well.	21926
The identification of each proposed source of water shall indicate	21927
if the water will be withdrawn from the Lake Erie watershed or the	21928
Ohio river watershed. In addition, the owner shall provide, to the	21929
best of the owner's knowledge, the proposed estimated rate and	21930
volume of the water withdrawal for the production operations. If	21931
recycled water will be used in the production operations, the	21932
owner shall provide the estimated volume of recycled water to be	21933
used. The owner shall submit to the chief an update of any of the	21934
information that is required by division (A)(8)(a) of this section	21935
if any of that information changes before the chief issues a	21936
permit for the application.	21937

(b) Except as provided in division (A)(8)(c) of this section,	21938
for an application for a permit to drill a new well within an	21939
urbanized area, the results of sampling of water wells within	21940
three hundred feet of the proposed well prior to commencement of	21941
drilling. In addition, the owner shall include a list that	21942
identifies the location of each water well where the owner of the	21943
property on which the water well is located denied the owner	21944
access to sample the water well. The sampling shall be conducted	21945
in accordance with the guidelines established in "Best Management	21946
Practices For Pre-drilling Water Sampling" in effect at the time	21947
that the application is submitted. The division shall furnish	21948
those guidelines upon request and shall make them available on the	21949
division's web site. If the chief determines that conditions at	21950
the proposed well site warrant a revision, the chief may revise	21951
the distance established in this division for purposes of	21952
pre-drilling water sampling.	21953

(c) For an application for a permit to drill a new horizontal	21954
well, the results of sampling of water wells within one thousand	21955
five hundred feet of the proposed horizontal wellhead prior to	21956
commencement of drilling. In addition, the owner shall include a	21957
list that identifies the location of each water well where the	21958
owner of the property on which the water well is located denied	21959
the owner access to sample the water well. The sampling shall be	21960
conducted in accordance with the guidelines established in "Best	21961
Management Practices For Pre-drilling Water Sampling" in effect at	21962
the time that the application is submitted. The division shall	21963
furnish those guidelines upon request and shall make them	21964
available on the division's web site. If the chief determines that	21965
conditions at the proposed well site warrant a revision, the chief	21966
may revise the distance established in this division for purposes	21967
of pre-drilling water sampling.	21968

(9) For an application for a permit to drill a new well	21969
within an urbanized area, a sworn statement that the applicant has	21970
provided notice by regular mail of the application to the owner of	21971
each parcel of real property that is located within five hundred	21972
feet of the surface location of the well and to the executive	21973
authority of the municipal corporation or the board of township	21974
trustees of the township, as applicable, in which the well is to	21975
be located. In addition, the notice shall contain a statement that	21976
informs an owner of real property who is required to receive the	21977
notice under division (A)(9) of this section that within five days	21978
of receipt of the notice, the owner is required to provide notice	21979
under section 1509.60 of the Revised Code to each residence in an	21980
occupied dwelling that is located on the owner's parcel of real	21981
property. The notice shall contain a statement that an application	21982
has been filed with the division of oil and gas resources	21983
management, identify the name of the applicant and the proposed	21984
well location, include the name and address of the division, and	21985
contain a statement that comments regarding the application may be	21986
sent to the division. The notice may be provided by hand delivery	21987
or regular mail. The identity of the owners of parcels of real	21988
property shall be determined using the tax records of the	21989
municipal corporation or county in which a parcel of real property	21990
is located as of the date of the notice.	21991

(10) A plan for restoration of the land surface disturbed by	21992
drilling operations. The plan shall provide for compliance with	21993
the restoration requirements of division (A) of section 1509.072	21994
of the Revised Code and any rules adopted by the chief pertaining	21995
to that restoration.	21996

(11)(a) A description by name or number of the county,	21997
township, and municipal corporation roads, streets, and highways	21998
that the applicant anticipates will be used for access to and	21999
egress from the well site;	22000

(b) For an application for a permit for a horizontal well, a	22001
copy of an agreement concerning maintenance and safe use of the	22002
roads, streets, and highways described in division (A)(11)(a) of	22003
this section entered into on reasonable terms with the public	22004
official that has the legal authority to enter into such	22005
maintenance and use agreements for each county, township, and	22006
municipal corporation, as applicable, in which any such road,	22007
street, or highway is located or an affidavit on a form prescribed	22008
by the chief attesting that the owner attempted in good faith to	22009
enter into an agreement under division (A)(11)(b) of this section	22010
with the applicable public official of each such county, township,	22011
or municipal corporation, but that no agreement was executed.	22012

(12) Such other relevant information as the chief prescribes	22013
by rule.	22014

Each application shall be accompanied by a map, on a scale	22015
not smaller than four hundred feet to the inch, prepared by an	22016
Ohio registered surveyor, showing the location of the well and	22017
containing such other data as may be prescribed by the chief. If	22018
the well is or is to be located within the excavations and	22019
workings of a mine, the map also shall include the location of the	22020
mine, the name of the mine, and the name of the person operating	22021
the mine.	22022

(B) The chief shall cause a copy of the weekly circular	22023
prepared by the division to be provided to the county engineer of	22024
each county that contains active or proposed drilling activity.	22025
The weekly circular shall contain, in the manner prescribed by the	22026
chief, the names of all applicants for permits, the location of	22027
each well or proposed well, the information required by division	22028
(A)(11) of this section, and any additional information the chief	22029
prescribes. In addition, the chief promptly shall transfer an	22030
electronic copy or facsimile, or if those methods are not	22031
available to a municipal corporation or township, a copy via	22032
regular mail, of a drilling permit application to the clerk of the	22033
legislative authority of the municipal corporation or to the clerk	22034
of the township in which the well or proposed well is or is to be	22035
located if the legislative authority of the municipal corporation	22036
or the board of township trustees has asked to receive copies of	22037
such applications and the appropriate clerk has provided the chief	22038
an accurate, current electronic mailing address or facsimile	22039
number, as applicable.	22040

(C)(1) Except as provided in division (C)(2) of this section,	22041
the chief shall not issue a permit for at least ten days after the	22042
date of filing of the application for the permit unless, upon	22043
reasonable cause shown, the chief waives that period or a request	22044
for expedited review is filed under this section. However, the	22045
chief shall issue a permit within twenty-one days of the filing of	22046
the application unless the chief denies the application by order.	22047

(2) If the location of a well or proposed well will be or is	22048
within an urbanized area, the chief shall not issue a permit for	22049
at least eighteen days after the date of filing of the application	22050
for the permit unless, upon reasonable cause shown, the chief	22051
waives that period or the chief at the chief's discretion grants a	22052
request for an expedited review. However, the chief shall issue a	22053
permit for a well or proposed well within an urbanized area within	22054
thirty days of the filing of the application unless the chief	22055
denies the application by order.	22056

(D) An applicant may file a request with the chief for	22057
expedited review of a permit application if the well is not or is	22058
not to be located in a gas storage reservoir or reservoir	22059
protective area, as "reservoir protective area" is defined in	22060
section 1571.01 of the Revised Code. If the well is or is to be	22061
located in a coal bearing township, the application shall be	22062
accompanied by the affidavit of the landowner prescribed in	22063
section 1509.08 of the Revised Code.	22064

In addition to a complete application for a permit that meets	22065
the requirements of this section and the permit fee prescribed by	22066
this section, a request for expedited review shall be accompanied	22067
by a separate nonrefundable filing fee of two hundred fifty	22068
dollars. Upon the filing of a request for expedited review, the	22069
chief shall cause the county engineer of the county in which the	22070
well is or is to be located to be notified of the filing of the	22071
permit application and the request for expedited review by	22072
telephone or other means that in the judgment of the chief will	22073
provide timely notice of the application and request. The chief	22074
shall issue a permit within seven days of the filing of the	22075
request unless the chief denies the application by order.	22076
Notwithstanding the provisions of this section governing expedited	22077
review of permit applications, the chief may refuse to accept	22078
requests for expedited review if, in the chief's judgment, the	22079
acceptance of the requests would prevent the issuance, within	22080
twenty-one days of their filing, of permits for which applications	22081
are pending.	22082

(E) A well shall be drilled and operated in accordance with	22083
the plans, sworn statements, and other information submitted in	22084
the approved application.	22085

(F) The chief shall issue an order denying a permit if the	22086
chief finds that there is a substantial risk that the operation	22087
will result in violations of this chapter or rules adopted under	22088
it that will present an imminent danger to public health or safety	22089
or damage to the environment, provided that where the chief finds	22090
that terms or conditions to the permit can reasonably be expected	22091
to prevent such violations, the chief shall issue the permit	22092
subject to those terms or conditions, including, if applicable,	22093
terms and conditions regarding subjects identified in rules	22094
adopted under section 1509.03 of the Revised Code. The issuance of	22095
a permit shall not be considered an order of the chief.	22096

The chief shall post notice of each permit that has been	22097
approved under this section on the division's web site not later	22098
than two business days after the application for a permit has been	22099
approved.	22100

(G) Each application for a permit required by section 1509.05	22101
of the Revised Code, except an application to plug back an	22102
existing well that is required by that section and an application	22103
for a well drilled or reopened for purposes of section 1509.22 of	22104
the Revised Code, also shall be accompanied by a nonrefundable fee	22105
as follows:	22106

(1) Five hundred dollars for a permit to conduct activities	22107
in a township with a population of fewer than ten thousand;	22108

(2) Seven hundred fifty dollars for a permit to conduct	22109
activities in a township with a population of ten thousand or	22110
more, but fewer than fifteen thousand;	22111

(3) One thousand dollars for a permit to conduct activities	22112
in either of the following:	22113

(a) A township with a population of fifteen thousand or more;

22114

(b) A municipal corporation regardless of population.

22115

(4) If the application is for a permit that requires	22116
mandatory pooling, an additional five thousand dollars.	22117

For purposes of calculating fee amounts, populations shall be	22118
determined using the most recent federal decennial census.	22119

Each application for the revision or reissuance of a permit	22120
shall be accompanied by a nonrefundable fee of two hundred fifty	22121
dollars.	22122

(H)(1) Prior to the commencement of well pad construction and	22123
prior to the issuance of a permit to drill a proposed horizontal	22124
well or a proposed well that is to be located in an urbanized	22125
area, the division shall conduct a site review to identify and	22126
evaluate any site-specific terms and conditions that may be	22127
attached to the permit. At the site review, a representative of	22128
the division shall consider fencing, screening, and landscaping	22129
requirements, if any, for similar structures in the community in	22130
which the well is proposed to be located. The terms and conditions	22131
that are attached to the permit shall include the establishment of	22132
fencing, screening, and landscaping requirements for the surface	22133
facilities of the proposed well, including a tank battery of the	22134
well.	22135

(2) Prior to the issuance of a permit to drill a proposed	22136
well, the division shall conduct a review to identify and evaluate	22137
any site-specific terms and conditions that may be attached to the	22138
permit if the proposed well will be located in a one-hundred-year	22139
floodplain or within the five-year time of travel associated with	22140
a public drinking water supply.	22141

(I) A permit shall be issued by the chief in accordance with	22142
this chapter. A permit issued under this section for a well that	22143
is or is to be located in an urbanized area shall be valid for	22144
twelve months, and all other permits issued under this section	22145
shall be valid for twenty-four months.	22146

(J) An applicant or a permittee, as applicable, shall submit	22147
to the chief an update of the information that is required under	22148
division (A)(8)(a) of this section if any of that information	22149
changes prior to commencement of production operations.	22150

(K) A permittee or a permittee's authorized representative	22151
shall notify an inspector from the division at least twenty-four	22152
hours, or another time period agreed to by the chief's authorized	22153
representative, prior to the commencement of well pad construction	22154
and of drilling, reopening, converting, well stimulation, or	22155
plugback operations.	22156

(L) A permittee for a horizontal well shall pay a fee of	22157
twenty-five thousand dollars to the county treasurer of the county	22158
in which the horizontal well will be located, and notify the	22159
treasurer of the parcel number of such well, before the permittee	22160
begins construction of the well pad on which the well will be	22161
situated. The permittee shall pay an additional fee of twenty-five	22162
thousand dollars to the county treasurer for each subsequent well	22163
drilled on the same well pad, which shall be paid prior to the	22164
commencement of drilling the well. The permittee shall notify the	22165
treasurer of the parcel number of the subsequent well at the time	22166
of paying the additional fee for the well. The county treasurer	22167
shall deposit the money in accordance with section 321.49 of the	22168
Revised Code.	22169

Sec. 1509.062. (A)(1) The owner of a well that has not been	22170
completed, a well that has not produced within one year after	22171
completion, or an existing well that is not a horizontal well and	22172
that has no reported production for two consecutive reporting	22173
periods as reported in accordance with section 1509.11 of the	22174
Revised Code, or an existing horizontal well that has no reported	22175
production for eight consecutive reporting periods as reported in	22176
accordance with section 1509.11 of the Revised Code shall plug the	22177
well in accordance with section 1509.12 of the Revised Code,	22178
obtain temporary inactive well status for the well in accordance	22179
with this section, or perform another activity regarding the well	22180
that is approved by the chief of the division of oil and gas	22181
resources management.	22182

(2) If a well has a reported annual production that is less	22183
than one hundred thousand cubic feet of natural gas or fifteen	22184
barrels of crude oil, or a combination thereof, the chief may	22185
require the owner of the well to submit an application for	22186
temporary inactive well status under this section for the well.	22187

(B) In order for the owner of a well to submit an application	22188
for temporary inactive well status for the well under this	22189
division, the owner and the well shall be in compliance with this	22190
chapter and rules adopted under it, any terms and conditions of	22191
the permit for the well, and applicable orders issued by the	22192
chief. An application for temporary inactive status for a well	22193
shall be submitted to the chief on a form prescribed and provided	22194
by the chief and shall contain all of the following:	22195

(1) The owner's name and address and, if the owner is a	22196
corporation, the name and address of the corporation's statutory	22197
agent;	22198

(2) The signature of the owner or of the owner's authorized	22199
agent. When an authorized agent signs an application, the	22200
application shall be accompanied by a certified copy of the	22201
appointment as such agent.	22202

(3) The permit number assigned to the well. If the well has	22203
not been assigned a permit number, the chief shall assign a permit	22204
number to the well.	22205

(4) A map, on a scale not smaller than four hundred feet to	22206
the inch, that shows the location of the well and the tank	22207
battery, that includes the latitude and longitude of the well, and	22208
that contains all other data that are required by the chief;	22209

(5) A demonstration that the well is of future utility and	22210
that the applicant has a viable plan to utilize the well within a	22211
reasonable period of time;	22212

(6) A demonstration that the well poses no threat to the	22213
health or safety of persons, property, or the environment;	22214

(7) Any other relevant information that the chief prescribes	22215
by rule.	22216

The chief may waive any of the requirements established in	22217
divisions (B)(1) to (6) of this section if the division of oil and	22218
gas resources management possesses a current copy of the	22219
information or document that is required in the applicable	22220
division.	22221

(C) Upon receipt of an application for temporary inactive	22222
well status, the chief shall review the application and shall	22223
either deny the application by issuing an order or approve the	22224
application. The chief shall approve the application only if the	22225
chief determines that the well that is the subject of the	22226
application poses no threat to the health or safety of persons,	22227
property, or the environment. If the chief approves the	22228
application, the chief shall notify the applicant of the chief's	22229
approval. Upon receipt of the chief's approval, the owner shall	22230
shut in the well and empty all liquids and gases from all storage	22231
tanks, pipelines, and other equipment associated with the well. In	22232
addition, the owner shall maintain the well, other equipment	22233
associated with the well, and the surface location of the well in	22234
a manner that prevents hazards to the health and safety of people	22235
and the environment. The owner shall inspect the well at least	22236
every six months and submit to the chief within fourteen days	22237
after the inspection a record of inspection on a form prescribed	22238
and provided by the chief.	22239

(D) Not later than thirty days prior to the expiration of	22240
temporary inactive well status or a renewal of temporary inactive	22241
well status approved by the chief for a well, the owner of the	22242
well may submit to the chief an application for renewal of the	22243
temporary inactive well status on a form prescribed and provided	22244
by the chief. The application shall include a detailed plan that	22245
describes the ultimate disposition of the well, the time frames	22246
for that disposition, and any other information that the chief	22247
determines is necessary. The chief shall either deny an	22248
application by order or approve the application. If the chief	22249
approves the application, the chief shall notify the owner of the	22250
well of the chief's approval.	22251

(E) An application for temporary inactive well status shall	22252
be accompanied by a nonrefundable fee of one hundred dollars. An	22253
application for a renewal of temporary inactive well status shall	22254
be accompanied by a nonrefundable fee of two hundred fifty dollars	22255
for the first renewal and five hundred dollars for each subsequent	22256
renewal.	22257

(F) After a third renewal, the chief may require an owner to	22258
provide a surety bond in an amount not to exceed ten thousand	22259
dollars for each of the owner's wells that has been approved by	22260
the chief for temporary inactive well status.	22261

(G) Temporary inactive well status approved by the chief	22262
expires one year after the date of approval of the application for	22263
temporary inactive well status or production from the well	22264
commences, whichever occurs sooner. In addition, a renewal of a	22265
temporary inactive well status expires one year after the	22266
expiration date of the initial temporary inactive well status or	22267
one year after the expiration date of the previous renewal of the	22268
temporary inactive well status, as applicable, or production from	22269
the well commences, whichever occurs sooner.	22270

(H) The owner of a well that has been approved by the chief	22271
for temporary inactive well status may commence production from	22272
the well at any time. Not later than sixty days after the	22273
commencement of production from such a well, the owner shall	22274
notify the chief of the commencement of production.	22275

(I) This chapter and rules adopted under it, any terms and	22276
conditions of the permit for a well, and applicable orders issued	22277
by the chief apply to a well that has been approved by the chief	22278
for temporary inactive well status or renewal of that status.	22279

Sec. 1509.074. (A) With regard to material that is used in	22280
or results from the construction, operation, or plugging of a	22281
horizontal well, all of the following apply:	22282

(1)Except as provided in division (A)(2) of this section,	22283
the owner shall determine the concentration of radium-226 and of	22284
radium-228 in the material if the material is technologically	22285
enhanced naturally occurring radioactive material. The owner shall	22286
provide for the collection and analysis of representative samples	22287
of the material. The collection and analysis of the samples shall	22288
be performed in accordance with requirements approved by the	22289
director of health. The owner shall not remove the material from	22290
the location associated with the production operation of the	22291
horizontal well until the analysis is complete and the results are	22292
available. However, the owner may temporarily store the material	22293
in an area adjacent to the location associated with the production	22294
operation of the well while the results from the analysis of the	22295
samples are pending if the material is located in an area that is	22296
designated by the division of oil and gas resources management and	22297
the owner complies with all conditions imposed by the chief of the	22298
division of oil and gas resources management.	22299

(2) The owner is not required to determine the concentration	22300
of radium-226 and of radium-228 of the material that is	22301
technologically enhanced naturally occurring radioactive material	22302
if the material is reused in the horizontal well from where it	22303
originated or is transferred to another site for reuse in a	22304
horizontal well. For purposes of this division, a material is	22305
reused if the material is used in a substantially similar manner	22306
as it was originally used.	22307

(3) Except as provided in division (A)(2) of this section,	22308
the owner shall transport and dispose of material that is	22309
technologically enhanced naturally occurring radioactive material	22310
in accordance with all applicable laws.	22311

(4) If the material is not technologically enhanced naturally	22312
occurring radioactive material and the material has come in	22313
contact with a refined oil-based substance, the owner shall do one	22314
of the following:	22315

(a) If the material is removed from the location associated	22316
with the production operation of the well, dispose of the material	22317
at a solid waste facility that is authorized to accept the	22318
material in accordance with Chapter 3734. of the Revised Code and	22319
rules adopted under it;	22320

(b) If the material is removed from the location associated	22321
with the production operation of the well, beneficially use the	22322
material in accordance with rules adopted by the director of	22323
environmental protection under section 3734.125 of the Revised	22324
Code;	22325

(c) If the material is not removed from the location	22326
associated with the production operation of the well, recycle or	22327
reuse the material with the approval of the chief.	22328

(5) If the material is not technologically enhanced naturally	22329
occurring radioactive material and the material has not come in	22330
contact with a refined oil-based substance, the material may	22331
remain at the location associated with the production operation of	22332
the horizontal well, and the owner may utilize the material at the	22333
site of the horizontal well.	22334

(B) An owner who has obtained results under division (A)(1)	22335
of this section shall keep and maintain the results for a period	22336
of three years. In addition, the owner shall provide a copy of the	22337
results to the chief upon request.	22338

22339

(1) "Technologically enhanced naturally occurring radioactive	22340
material" has the same meaning as in section 3748.01 of the	22341
Revised Code.	22342

(2) "Owner" includes a person that is an authorized agent of	22343
an owner.	22344

Sec. 1509.10. (A) Any person drilling within the state	22345
shall, within sixty days after the completion of drilling	22346
operations to the proposed total depth or after a determination	22347
that a well is a dry or lost hole, file with the division of oil	22348
and gas resources management all wireline electric logs and an	22349
accurate well completion record on a form that is prescribed by	22350
the chief of the division of oil and gas resources management that	22351
designates:	22352

(1) The purpose for which the well was drilled;

22353

(2) The character, depth, and thickness of geological units	22354
encountered, including coal seams, mineral beds, associated fluids	22355
such as fresh water, brine, and crude oil, natural gas, and sour	22356
gas, if such seams, beds, fluids, or gases are known;	22357

(3) The dates on which drilling operations were commenced and	22358
completed;	22359

(4) The types of drilling tools used and the name of the	22360
person that drilled the well;	22361

(5) The length in feet of the various sizes of casing and	22362
tubing used in drilling the well, the amount removed after	22363
completion, the type and setting depth of each packer, all other	22364
data relating to cementing in the annular space behind such casing	22365
or tubing, and data indicating completion as a dry, gas, oil,	22366
combination oil and gas, brine injection, or artificial brine well	22367
or a stratigraphic test;	22368

(6) The number of perforations in the casing and the	22369
intervals of the perforations;	22370

(7) The elevation above mean sea level of the point from	22371
which the depth measurements were made, stating also the height of	22372
the point above ground level at the well, the total depth of the	22373
well, and the deepest geological unit that was penetrated in the	22374
drilling of the well;	22375

(8) If applicable, the type, volume, and concentration of	22376
acid, and the date on which acid was used in acidizing the well;	22377

(9)(a) If applicable, the trade name and the total amount of	22378
all products, fluids, and substances, and the supplier of each	22379
product, fluid, or substance, not including cement and its	22380
constituents and lost circulation materials, intentionally added	22381
to facilitate the drilling of any portion of the well until the	22382
surface casing is set and properly sealed. The owner shall	22383
identify each additive used and provide a brief description of the	22384
purpose for which the additive is used. In addition, the owner	22385
shall include a list of all chemicals, not including any	22386
information that is designated as a trade secret pursuant to	22387
division (I)(1) of this section, intentionally added to all	22388
products, fluids, or substances and include each chemical's	22389
corresponding chemical abstracts service number and the maximum	22390
concentration of each chemical. The owner shall obtain the	22391
chemical information, not including any information that is	22392
designated as a trade secret pursuant to division (I)(1) of this	22393
section, from the company that drilled the well, provided service	22394
at the well, or supplied the chemicals. If the company that	22395
drilled the well, provided service at the well, or supplied the	22396
chemicals provides incomplete or inaccurate chemical information,	22397
the owner shall make reasonable efforts to obtain the required	22398
information from the company or supplier.	22399

(b) For purposes of division (A)(9)(a) of this section, if	22400
recycled fluid was used, the total volume of recycled fluid and	22401
the well that is the source of the recycled fluid or the	22402
centralized facility that is the source of the recycled fluid.	22403

(10)(a) If applicable, the type and volume of fluid, not	22404
including cement and its constituents or information that is	22405
designated as a trade secret pursuant to division (I)(1) of this	22406
section, used to stimulate the reservoir of the well, the	22407
reservoir breakdown pressure, the method used for the containment	22408
of fluids recovered from the fracturing of the well, the methods	22409
used for the containment of fluids when pulled from the wellbore	22410
from swabbing the well, the average pumping rate of the well, and	22411
the name of the person that performed the well stimulation. In	22412
addition, the owner shall include a copy of the log from the	22413
stimulation of the well, a copy of the invoice for each of the	22414
procedures and methods described in division (A)(10) of this	22415
section that were used on a well, and a copy of the pumping	22416
pressure and rate graphs. However, the owner may redact from the	22417
copy of each invoice that is required to be included under	22418
division (A)(10) of this section the costs of and charges for the	22419
procedures and methods described in division (A)(10) of this	22420
section that were used on a well.	22421

(b) If applicable, the trade name and the total volume of all	22422
products, fluids, and substances, and the supplier of each	22423
product, fluid, or substance used to stimulate the well. The owner	22424
shall identify each additive used, provide a brief description of	22425
the purpose for which the additive is used, and include the	22426
maximum concentration of the additive used. In addition, the owner	22427
shall include a list of all chemicals, not including any	22428
information that is designated as a trade secret pursuant to	22429
division (I)(1) of this section, intentionally added to all	22430
products, fluids, or substances and include each chemical's	22431
corresponding chemical abstracts service number and the maximum	22432
concentration of each chemical. The owner shall obtain the	22433
chemical information, not including any information that is	22434
designated as a trade secret pursuant to division (I)(1) of this	22435
section, from the company that stimulated the well or supplied the	22436
chemicals. If the company that stimulated the well or supplied the	22437
chemicals provides incomplete or inaccurate chemical information,	22438
the owner shall make reasonable efforts to obtain the required	22439
information from the company or supplier.	22440

(c) For purposes of division (A)(10)(b) of this section, if	22441
recycled fluid was used, the total volume of recycled fluid and	22442
the well that is the source of the recycled fluid or the	22443
centralized facility that is the source of the recycled fluid.	22444

(11) The name of the company that performed the logging of	22445
the well and the types of wireline electric logs performed on the	22446
well.	22447

The well completion record shall be submitted in duplicate.	22448
The first copy shall be retained as a permanent record in the	22449
files of the division, and the second copy shall be transmitted by	22450
the chief to the division of geological survey.	22451

(B)(1) Not later than sixty days after the completion of the	22452
drilling operations to the proposed total depth, the owner shall	22453
file all wireline electric logs with the division of oil and gas	22454
resources management and the chief shall transmit such logs	22455
electronically, if available, to the division of geological	22456
survey. Such logs may be retained by the owner for a period of not	22457
more than six months, or such additional time as may be granted by	22458
the chief in writing, after the completion of the well	22459
substantially to the depth shown in the application required by	22460
section 1509.06 of the Revised Code.	22461

(2) If a well is not completed within sixty days after the	22462
completion of drilling operations, the owner shall file with the	22463
division of oil and gas resources management a supplemental well	22464
completion record that includes all of the information required	22465
under this section within sixty days after the completion of the	22466
well.	22467

(3) After a well is initially completed and stimulated and	22468
until the well is plugged, the owner shall report, on a form	22469
prescribed by the chief, all materials placed into the formation	22470
to refracture, restimulate, or newly complete the well. The owner	22471
shall submit the information within sixty days after completing	22472
the refracturing, restimulation, or new completion. In addition,	22473
the owner shall report the information required in divisions	22474
(A)(10)(a) to (c) of this section, as applicable, in a manner	22475
consistent with the requirements established in this section.	22476

(C) Upon request in writing by the chief of the division of	22477
geological survey prior to the beginning of drilling of the well,	22478
the person drilling the well shall make available a complete set	22479
of cuttings accurately identified as to depth.	22480

(D) The form of the well completion record required by this	22481
section shall be one that has been prescribed by the chief of the	22482
division of oil and gas resources management and the chief of the	22483
division of geological survey. The filing of a log as required by	22484
this section fulfills the requirement of filing a log with the	22485
chief of the division of geological survey in section 1505.04 of	22486
the Revised Code.	22487

(E) If a material listed or designated under division (A)(9)	22488
or (10) or (B)(3) of this section is a material for which the	22489
division of oil and gas resources management does not have a	22490
material safety data sheet, the owner shall provide a copy of the	22491
material safety data sheet for the material to the chief.	22492

(F) An owner shall submit to the chief the information that	22493
is required in divisions (A)(10)(b) and (c) and (B)(3) of this	22494
section consistent with the requirements established in this	22495
section using one of the following methods:	22496

(1) On a form prescribed by the chief;

22497

(2) Through the chemical disclosure registry that is	22498
maintained by the ground water protection council and the	22499
interstate oil and gas compact commission;	22500

(3) Any other means approved by the chief.

22501

(G) The chief shall post on the division's web site each	22502
material safety data sheet obtained under division (E) of this	22503
section. In addition, the chief shall make available through the	22504
division's web site the chemical information that is required by	22505
divisions (A)(9) and (10) and (B)(3) of this section.	22506

(H)(1) If a medical professional, in order to assist in the	22507
diagnosis or treatment of an individual who was affected by an	22508
incident associated with the production operations of a well,	22509
requests the exact chemical composition of each product, fluid, or	22510
substance and of each chemical component in a product, fluid, or	22511
substance that is designated as a trade secret pursuant to	22512
division (I) of this section, the person claiming the trade secret	22513
protection pursuant to that division shall provide to the medical	22514
professional the exact chemical composition of the product, fluid,	22515
or substance and of the chemical component in a product, fluid, or	22516
substance that is requested.	22517

(2) A medical professional who receives information pursuant	22518
to division (H)(1) of this section shall keep the information	22519
confidential and shall not disclose the information for any	22520
purpose that is not related to the diagnosis or treatment of an	22521
individual who was affected by an incident associated with the	22522
production operations of a well. Nothing in division (H)(2) of	22523
this section precludes a medical professional from making any	22524
report required by law or professional ethical standards.	22525

(I)(1) The owner of a well who is required to submit a well	22526
completion record under division (A) of this section or a report	22527
under division (B)(3) of this section or a person that provides	22528
information to the owner as described in and for purposes of	22529
division (A)(9) or (10) or (B)(3) of this section may designate	22530
without disclosing on a form prescribed by the chief and withhold	22531
from disclosure to the chief the identity, amount, concentration,	22532
or purpose of a product, fluid, or substance or of a chemical	22533
component in a product, fluid, or substance as a trade secret. The	22534
owner or person may pursue enforcement of any rights or remedies	22535
established in sections 1333.61 to 1333.69 of the Revised Code for	22536
misappropriation, as defined in section 1333.61 of the Revised	22537
Code, with respect to the identity, amount, concentration, or	22538
purpose of a product, fluid, or substance or a chemical component	22539
in a product, fluid, or substance designated as a trade secret	22540
pursuant to division (I)(1) of this section. The division shall	22541
not disclose information regarding the identity, amount,	22542
concentration, or purpose of any product, fluid, or substance or	22543
of any chemical component in a product, fluid, or substance	22544
designated as a trade secret pursuant to division (I)(1) of this	22545
section.	22546

(2) A property owner, an adjacent property owner, or any	22547
person or agency of this state having an interest that is or may	22548
be adversely affected by a product, fluid, or substance or by a	22549
chemical component in a product, fluid, or substance may commence	22550
a civil action in the court of common pleas of Franklin county	22551
against an owner or person described in division (I)(1) of this	22552
section challenging the owner's or person's claim to entitlement	22553
to trade secret protection for the specific identity, amount,	22554
concentration, or purpose of a product, fluid, or substance or of	22555
a chemical component in a product, fluid, or substance pursuant to	22556
division (I)(1) of this section. A person who commences a civil	22557
action pursuant to division (I)(2) of this section shall provide	22558
notice to the chief in a manner prescribed by the chief. In the	22559
civil action, the court shall conduct an in camera review of	22560
information submitted by an owner or person described in division	22561
(I)(1) of this section to determine if the identity, amount,	22562
concentration, or purpose of a product, fluid, or substance or of	22563
a chemical component in a product, fluid, or substance pursuant to	22564
division (I)(1) of this section is entitled to trade secret	22565
protection.	22566

(J)(1) Except for any information that is designated as a	22567
trade secret pursuant to division (I)(1) of this section and	22568
except as provided in division (J)(2) of this section, the owner	22569
of a well shall maintain records of all chemicals placed in a well	22570
for a period of not less than two years after the date on which	22571
each such chemical was placed in the well. The chief may inspect	22572
the records at any time concerning any such chemical.	22573

(2) An owner or person who has designated the identity,	22574
amount, concentration, or purpose of a product, fluid, or	22575
substance or of a chemical component in a product, fluid, or	22576
substance as a trade secret pursuant to division (I)(1) of this	22577
section shall maintain the records for such a product, fluid, or	22578
substance or for a chemical component in a product, fluid, or	22579
substance for a period of not less than two years after the date	22580
on which each such product, fluid, or substance or each such	22581
chemical component in a product, fluid, or substance was placed in	22582
the well. Upon the request of the chief, the owner or person, as	22583
applicable, shall disclose the records to the chief if the	22584
information is necessary to respond to a spill, release, or	22585
investigation. However, the chief shall not disclose the	22586
information that is designated as a trade secret.	22587

(K)(1) For purposes of correcting inaccuracies and	22588
incompleteness in chemical information required by divisions	22589
(A)(9) and (10) and (B)(3) of this section, an owner shall be	22590
considered in substantial compliance if the owner has made	22591
reasonable efforts to obtain the required information from the	22592
supplier.	22593

(2) For purposes of reporting under this section, an owner is	22594
not required to report chemicals that occur incidentally or in	22595
trace amounts.	22596

(L) As used in this section, the term "material safety data	22597
sheet" shall conform to any revision of or change in the term by	22598
the occupational safety and health administration in the United	22599
States department of labor.	22600

Sec. 1509.11. (A)(1) The owner of any well, ~~including~~except	22601
a horizontal well, that is producing or capable of producing oil	22602
or gas shall file with the chief of the division of oil and gas	22603
resources management, on or before the thirty-first day of March,	22604
a statement of production of oil, gas, and brine for the last	22605
preceding calendar year in such form as the chief may prescribe.	22606
An owner that has more than one hundred such wells in this state	22607
shall submit electronically the statement of production in a	22608
format that is approved by the chief. The chief shall include on	22609
the form, at the minimum, a request for the submittal of the	22610
information that a person who is regulated under this chapter is	22611
required to submit under the "Emergency Planning and Community	22612
Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and	22613
regulations adopted under it, and that the division of oil and gas	22614
resources management does not obtain through other reporting	22615
mechanisms.	22616

(2) The owner of any horizontal well that is producing or	22617
capable of producing oil or gas shall file with the chief, on or	22618
before the fifteenth day of the month following the close of each	22619
calendar quarter, a statement of production of oil, gas,	22620
condensate, and brine for the preceding calendar quarter in a form	22621
that the chief prescribes. In addition, the statement of	22622
production shall include the api gravity of the oil according to	22623
the standards for determining density of oil as established by the	22624
American petroleum institute in the Manual of Petroleum	22625
Measurement Standards and the British thermal unit measurement of	22626
the gas. An owner that has more than one hundred horizontal wells	22627
in this state shall submit electronically the statement of	22628
production in a format that is approved by the chief. The chief	22629
shall include on the form, at a minimum, a request for the	22630
submittal of the information that a person who is regulated under	22631
this chapter is required to submit under the "Emergency Planning	22632
and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42	22633
U.S.C. 11001, and regulations adopted under it, and that the	22634
division does not obtain through other reporting mechanisms.	22635

(B) ~~The~~Except for purposes of enforcement of this chapter,	22636
the chief shall not disclose information received from the	22637
department of taxation under division (C)(12) of section 5703.21	22638
of the Revised Code ~~until the related statement of production~~	22639
~~required by division (A) of this section is filed with the chief~~.	22640

(C) The owner of a well shall retain records substantiating a	22641
production report required in division (A) of this section,	22642
regardless if the well is transferred to a new owner or plugged,	22643
for a period of not less than seven years after the date on which	22644
the report was filed with the chief. The records shall include,	22645
without limitation, receipts, transfer vouchers, bills of lading,	22646
or other pertinent or similar records. Upon the request of the	22647
chief, the owner shall provide the records to the chief for	22648
inspection.	22649

Sec. 1509.22. (A) Except when acting in accordance with	22650
section 1509.226 of the Revised Code or in accordance with an	22651
order issued by the chief of the division of oil and gas resources	22652
management under division (C) of this section, no person shall	22653
place or cause to be placed in ground water or in or on the land	22654
or discharge or cause to be discharged in surface water brine,	22655
crude oil, natural gas, or other fluids associated with the	22656
exploration or, development, production, or plugging of oil and	22657
gas resources ~~in surface or ground water or in or on the land in~~	22658
~~such quantities or in such manner as actually causes or could~~	22659
~~reasonably be anticipated to cause either of the following:~~	22660

~~(1) Water used for consumption by humans or domestic animals~~	22661
~~to exceed the standards of the Safe Drinking Water Act;~~	22662

~~(2) Damage or injury to public health or safety or the~~	22663
~~environment~~.	22664

(B)(1) No person shall store or dispose of brine in violation	22665
of a plan approved under division (A) of section 1509.222 or	22666
section 1509.226 of the Revised Code, in violation of a resolution	22667
submitted under section 1509.226 of the Revised Code, or in	22668
violation of rules or orders applicable to those plans or	22669
resolutions.	22670

(2) No person who treats mechanically, chemically, or by	22671
another process brine or other waste fluids or substances	22672
associated with the exploration, development, production, or	22673
plugging of oil and gas resources shall transfer the brine or	22674
other waste fluids or substances that were so treated to another	22675
person for disposal in ground water or surface water or in or on	22676
the land unless the person receiving the brine or other waste	22677
fluids or substances for disposal has been issued an order or a	22678
permit under this section or section 1509.06 or 1509.21 of the	22679
Revised Code.	22680

(C) The chief ~~of the division of oil and gas resources~~	22681
~~management~~ shall adopt rules and issue orders regarding storage	22682
and disposal of brine and other waste substances; however, the	22683
storage and disposal of brine and other waste substances and the	22684
chief's rules relating to storage and disposal are subject to all	22685
of the following standards:	22686

(1) ~~Brine~~Except as provided in division (C)(2) of this	22687
section, brine from any well ~~except an exempt Mississippian well~~	22688
shall be disposed of only ~~by injection~~as follows:	22689

(a) By injection into an underground formation, including	22690
annular disposal if approved by rule of the chief, which injection	22691
shall be subject to division (D) of this section; by	22692

(b) By surface application in accordance with section	22693
1509.226 of the Revised Code; in	22694

(c) In association with a method of enhanced recovery as	22695
provided in section 1509.21 of the Revised Code; ~~or by~~	22696

(d) By any other ~~methods~~method not specified in divisions	22697
(C)(1)(a) to (c) of this section that is approved by an order of	22698
the chief ~~for testing or implementing a new technology or method~~	22699
~~of disposal~~. ~~Brine~~	22700

(2) Brine from exempt Mississippian wells shall not be	22701
discharged directly into the waters of the state.	22702

~~(2)~~(3) Muds, cuttings, and other waste substances shall not	22703
be disposed of in violation of this chapter or any rule adopted	22704
under it.	22705

~~(3)~~(4) Pits or steel tanks shall be used as authorized by the	22706
chief for containing brine and other waste substances resulting	22707
from, obtained from, or produced in connection with drilling, well	22708
stimulation, reworking, reconditioning, plugging back, or plugging	22709
operations. The pits and steel tanks shall be liquid tight and	22710
constructed and maintained to prevent the escape of brine and	22711
other waste substances.	22712

~~(4)~~(5) A dike or pit may be used for spill prevention and	22713
control. A dike or pit so used shall be constructed and maintained	22714
to prevent the escape of brine and crude oil, and the reservoir	22715
within such a dike or pit shall be kept reasonably free of brine,	22716
crude oil, and other waste substances.	22717

~~(5) Earthen impoundments~~(6) Impoundments constructed	22718
utilizing a synthetic liner pursuant to the division's	22719
specifications may be used for the temporary storage of fluids	22720
used in the construction, stimulation, or plugging of a well.	22721

~~(6)~~(7) No pit~~, earthen impoundment,~~ or dike shall be used for	22722
the temporary storage of brine or other substances except in	22723
accordance with divisions (C)~~(3) to~~(4) and (5) of this section.	22724

~~(7)~~(8) No pit or dike shall be used for the ultimate disposal	22725
of brine or other liquid waste substances.	22726

(D)(1) No person, without first having obtained a permit from	22727
the chief, shall inject brine or other waste substances resulting	22728
from, obtained from, or produced in connection with oil or gas	22729
drilling, exploration, or production into an underground formation	22730
unless a rule of the chief expressly authorizes the injection	22731
without a permit. The permit shall be in addition to any permit	22732
required by section 1509.05 of the Revised Code, and the permit	22733
application shall be accompanied by a permit fee of one thousand	22734
dollars. The chief shall adopt rules in accordance with Chapter	22735
119. of the Revised Code regarding the injection into wells of	22736
brine and other waste substances resulting from, obtained from, or	22737
produced in connection with oil or gas drilling, exploration, or	22738
production. The rules shall include provisions regarding all of	22739
the following:	22740

(a) Applications for and issuance of the permits required by	22741
this division;	22742

(b) Entry to conduct inspections and to examine and copy	22743
records to ascertain compliance with this division and rules,	22744
orders, and terms and conditions of permits adopted or issued	22745
under it;	22746

(c) The provision and maintenance of information through	22747
monitoring, recordkeeping, and reporting. In addition, the rules	22748
shall require the owner of an injection well who has been issued a	22749
permit under division (D) of this section to quarterly submit	22750
electronically to the chief information concerning each shipment	22751
of brine or other waste substances received by the owner for	22752
injection into the well.	22753

(d) The provision and electronic reporting quarterly of	22754
information concerning brine and other waste substances from a	22755
transporter that is registered under section 1509.222 of the	22756
Revised Code prior to the injection of the transported brine or	22757
other waste substances;	22758

(e) Any other provisions in furtherance of the goals of this	22759
section and the Safe Drinking Water Act.	22760

(2) The chief may adopt rules in accordance with Chapter 119.	22761
of the Revised Code authorizing tests to evaluate whether fluids	22762
or carbon dioxide may be injected in a reservoir and to determine	22763
the maximum allowable injection pressure, which shall be conducted	22764
in accordance with methods prescribed in the rules or in	22765
accordance with conditions of the permit. In addition, the chief	22766
may adopt rules that do both of the following:	22767

(a) Establish the total depth of a well for which a permit	22768
has been applied for or issued under this division;	22769

(b) Establish requirements and procedures to protect public	22770
health and safety.	22771

(3) To implement the goals of the Safe Drinking Water Act,	22772
the chief shall not issue a permit for the injection of brine or	22773
other waste substances resulting from, obtained from, or produced	22774
in connection with oil or gas drilling, exploration, or production	22775
unless the chief concludes that the applicant has demonstrated	22776
that the injection will not result in the presence of any	22777
contaminant in ground water that supplies or can reasonably be	22778
expected to supply any public water system, such that the presence	22779
of the contaminant may result in the system's not complying with	22780
any national primary drinking water regulation or may otherwise	22781
adversely affect the health of persons.	22782

(4) The chief may issue an order to the owner of a well in	22783
existence on ~~the effective date of this amendment~~September 10,	22784
2012, to make changes in the operation of the well in order to	22785
correct problems or to address safety concerns.	22786

(5) This division and rules, orders, and terms and conditions	22787
of permits adopted or issued under it shall be construed to be no	22788
more stringent than required for compliance with the Safe Drinking	22789
Water Act unless essential to ensure that underground sources of	22790
drinking water will not be endangered.	22791

(E) The owner holding a permit, or an assignee or transferee	22792
who has assumed the obligations and liabilities imposed by this	22793
chapter and any rules adopted or orders issued under it pursuant	22794
to section 1509.31 of the Revised Code, and the operator of a well	22795
shall be liable for a violation of this section or any rules	22796
adopted or orders or terms or conditions of a permit issued under	22797
it.	22798

(F) An owner shall replace the water supply of the holder of	22799
an interest in real property who obtains all or part of the	22800
holder's supply of water for domestic, agricultural, industrial,	22801
or other legitimate use from an underground or surface source	22802
where the supply has been substantially disrupted by	22803
contamination, diminution, or interruption proximately resulting	22804
from the owner's oil or gas operation, or the owner may elect to	22805
compensate the holder of the interest in real property for the	22806
difference between the fair market value of the interest before	22807
the damage occurred to the water supply and the fair market value	22808
after the damage occurred if the cost of replacing the water	22809
supply exceeds this difference in fair market values. However,	22810
during the pendency of any order issued under this division, the	22811
owner shall obtain for the holder or shall reimburse the holder	22812
for the reasonable cost of obtaining a water supply from the time	22813
of the contamination, diminution, or interruption by the operation	22814
until the owner has complied with an order of the chief for	22815
compliance with this division or such an order has been revoked or	22816
otherwise becomes not effective. If the owner elects to pay the	22817
difference in fair market values, but the owner and the holder	22818
have not agreed on the difference within thirty days after the	22819
chief issues an order for compliance with this division, within	22820
ten days after the expiration of that thirty-day period, the owner	22821
and the chief each shall appoint an appraiser to determine the	22822
difference in fair market values, except that the holder of the	22823
interest in real property may elect to appoint and compensate the	22824
holder's own appraiser, in which case the chief shall not appoint	22825
an appraiser. The two appraisers appointed shall appoint a third	22826
appraiser, and within thirty days after the appointment of the	22827
third appraiser, the three appraisers shall hold a hearing to	22828
determine the difference in fair market values. Within ten days	22829
after the hearing, the appraisers shall make their determination	22830
by majority vote and issue their final determination of the	22831
difference in fair market values. The chief shall accept a	22832
determination of the difference in fair market values made by	22833
agreement of the owner and holder or by appraisers under this	22834
division and shall make and dissolve orders accordingly. This	22835
division does not affect in any way the right of any person to	22836
enforce or protect, under applicable law, the person's interest in	22837
water resources affected by an oil or gas operation.	22838

(G) In any action brought by the state for a violation of	22839
division (A) of this section involving any well at which annular	22840
disposal is used, there shall be a rebuttable presumption	22841
available to the state that the annular disposal caused the	22842
violation if the well is located within a one-quarter-mile radius	22843
of the site of the violation.	22844

(H)(1) There is levied on the owner of an injection well who	22845
has been issued a permit under division (D) of this section the	22846
following fees:	22847

(a) Five cents per barrel of each substance that is delivered	22848
to a well to be injected in the well when the substance is	22849
produced within the division of oil and gas resources management	22850
regulatory district in which the well is located or within an	22851
adjoining oil and gas resources management regulatory district;	22852

(b) Twenty cents per barrel of each substance that is	22853
delivered to a well to be injected in the well when the substance	22854
is not produced within the division of oil and gas resources	22855
management regulatory district in which the well is located or	22856
within an adjoining oil and gas resources management regulatory	22857
district.	22858

(2) The maximum number of barrels of substance per injection	22859
well in a calendar year on which a fee may be levied under	22860
division (H) of this section is five hundred thousand. If in a	22861
calendar year the owner of an injection well receives more than	22862
five hundred thousand barrels of substance to be injected in the	22863
owner's well and if the owner receives at least one substance that	22864
is produced within the division's regulatory district in which the	22865
well is located or within an adjoining regulatory district and at	22866
least one substance that is not produced within the division's	22867
regulatory district in which the well is located or within an	22868
adjoining regulatory district, the fee shall be calculated first	22869
on all of the barrels of substance that are not produced within	22870
the division's regulatory district in which the well is located or	22871
within an adjoining district at the rate established in division	22872
(H)(2) of this section. The fee then shall be calculated on the	22873
barrels of substance that are produced within the division's	22874
regulatory district in which the well is located or within an	22875
adjoining district at the rate established in division (H)(1) of	22876
this section until the maximum number of barrels established in	22877
division (H)(2) of this section has been attained.	22878

(3) The owner of an injection well who is issued a permit	22879
under division (D) of this section shall collect the fee levied by	22880
division (H) of this section on behalf of the division of oil and	22881
gas resources management and forward the fee to the division. The	22882
chief shall transmit all money received under division (H) of this	22883
section to the treasurer of state who shall deposit the money in	22884
the state treasury to the credit of the oil and gas well fund	22885
created in section 1509.02 of the Revised Code. The owner of an	22886
injection well who collects the fee levied by this division may	22887
retain up to three per cent of the amount that is collected.	22888

(4) The chief shall adopt rules in accordance with Chapter	22889
119. of the Revised Code establishing requirements and procedures	22890
for collection of the fee levied by division (H) of this section.	22891

Sec. 1509.226. (A) If a board of county commissioners, a	22892
board of township trustees, or the legislative authority of a	22893
municipal corporation wishes to permit the surface application of	22894
brine to roads, streets, highways, and other similar land surfaces	22895
it owns or has the right to control for control of dust or ice, it	22896
may adopt a resolution permitting such application as provided in	22897
this section. If a board or legislative authority does not adopt	22898
such a resolution, then no such surface application of brine is	22899
permitted on such roads, streets, highways, and other similar	22900
surfaces. If a board or legislative authority votes on a proposed	22901
resolution to permit such surface application of brine, but the	22902
resolution fails to receive the affirmative vote of a majority of	22903
the board or legislative authority, the board or legislative	22904
authority shall not adopt such a resolution for one year following	22905
the date on which the vote was taken. A board or legislative	22906
authority shall hold at least one public hearing on any proposal	22907
to permit surface application of brine under this division and may	22908
hold additional hearings. The board or legislative authority shall	22909
publish notice of the time and place of each such public hearing	22910
in a newspaper of general circulation in the political subdivision	22911
at least five days before the day on which the hearing is to be	22912
held.	22913

(B) If a board or legislative authority adopts a resolution	22914
permitting the surface application of brine to roads, streets,	22915
highways, and other similar land surfaces under division (A) of	22916
this section, the board or legislative authority shall, within	22917
thirty days after the adoption of the resolution, prepare and	22918
submit to the chief of the division of oil and gas resources	22919
management a copy of the resolution. Any department, agency, or	22920
instrumentality of this state or the United States that wishes to	22921
permit the surface application of brine to roads, streets,	22922
highways, and other similar land surfaces it owns or has a right	22923
to control shall prepare and submit guidelines for such	22924
application, but need not adopt a resolution under division (A) of	22925
this section permitting such surface application.	22926

All resolutions and guidelines shall be subject to the	22927
following standards:	22928

(1) Brine shall not be applied:

22929

(a) To a water-saturated surface;

22930

(b) Directly to vegetation near or adjacent to surfaces being	22931
treated;	22932

(c) Within twelve feet of structures crossing bodies of water	22933
or crossing drainage ditches;	22934

(d) Between sundown and sunrise, except for ice control.

22935

(2) The discharge of brine through the spreader bar shall	22936
stop when the application stops.	22937

(3) The applicator vehicle shall be moving at least five	22938
miles per hour at all times while the brine is being applied.	22939

(4) The maximum spreader bar nozzle opening shall be	22940
three-quarters of an inch in diameter.	22941

(5) The maximum uniform application rate of brine shall be	22942
three thousand gallons per mile on a twelve-foot-wide road or	22943
three gallons per sixty square feet on unpaved lots.	22944

(6) The applicator vehicle discharge valve shall be closed	22945
between the brine collection point and the specific surfaces that	22946
have been approved for brine application.	22947

(7) Any valves that provide for tank draining other than	22948
through the spreader bar shall be closed during the brine	22949
application and transport.	22950

(8) The angle of discharge from the applicator vehicle	22951
spreader bar shall not be greater than sixty degrees from the	22952
perpendicular to the unpaved surface.	22953

(9) Only the last twenty-five per cent of an applicator	22954
vehicle's contents shall be allowed to have a pressure greater	22955
than atmospheric pressure; therefore, the first seventy-five per	22956
cent of the applicator vehicle's contents shall be discharged	22957
under atmospheric pressure.	22958

(10) Only brine that is produced from a well that is not a	22959
horizontal well shall be allowed to be spread on a road. Fluids	22960
from the drilling of a well, flowback from the stimulation of a	22961
well, and other fluids used to treat a well shall not be spread on	22962
a road.	22963

If a resolution or guidelines contain only the standards	22964
listed in divisions (B)(1) to (10) of this section, without	22965
addition or qualification, the resolution or guidelines shall be	22966
deemed effective when submitted to the chief without further	22967
action by the chief. All other resolutions and guidelines shall	22968
comply with and be no less stringent than this chapter, rules	22969
concerning surface application that the chief shall adopt under	22970
division (C) of section 1509.22 of the Revised Code, and other	22971
rules of the chief. Within fifteen days after receiving such other	22972
resolutions and guidelines, the chief shall review them for	22973
compliance with the law and rules and disapprove them if they do	22974
not comply.	22975

The board, legislative authority, or department, agency, or	22976
instrumentality may revise and resubmit any resolutions or	22977
guidelines that the chief disapproves after each disapproval, and	22978
the chief shall again review and approve or disapprove them within	22979
fifteen days after receiving them. The board, legislative	22980
authority, or department, agency, or instrumentality may amend any	22981
resolutions or guidelines previously approved by the chief and	22982
submit them, as amended, to the chief. The chief shall receive,	22983
review, and approve or disapprove the amended resolutions or	22984
guidelines on the same basis and in the same time as original	22985
resolutions or guidelines. The board, legislative authority, or	22986
department, agency, or instrumentality shall not implement amended	22987
resolutions or guidelines until they are approved by the chief	22988
under this division.	22989

(C) Any person, other than a political subdivision required	22990
to adopt a resolution under division (A) of this section or a	22991
department, agency, or instrumentality of this state or the United	22992
States, who owns or has a legal right or obligation to maintain a	22993
road, street, highway, or other similar land surface may file with	22994
the board of county commissioners a written plan for the	22995
application of brine to the road, street, highway, or other	22996
surface. The board need not approve any such plans, but if it	22997
approves a plan, the plan shall comply with this chapter, rules	22998
adopted thereunder, and the board's resolutions, if any.	22999
Disapproved plans may be revised and resubmitted for the board's	23000
approval. Approved plans may also be revised and submitted to the	23001
board. A plan or revised plan shall do all of the following:	23002

(1) Identify the sources of brine to be used under the plan;

23003

(2) Identify by name, address, and registration certificate,	23004
if applicable, any transporters of the brine;	23005

(3) Specifically identify the places to which the brine will	23006
be applied;	23007

(4) Specifically describe the method, rate, and frequency of	23008
application.	23009

(D) The board may attach terms and conditions to approval of	23010
a plan, or revised plan, and may revoke approval for any violation	23011
of this chapter, rules adopted thereunder, resolutions adopted by	23012
the board, or terms or conditions attached by the board. The board	23013
shall conduct at least one public hearing before approving a plan	23014
or revised plan, publishing notice of the time and place of each	23015
such public hearing in a newspaper of general circulation in the	23016
county at least five days before the day on which the hearing is	23017
to be held. The board shall record the filings of all plans and	23018
revised plans in its journal. The board shall approve, disapprove,	23019
or revoke approval of a plan or revised plan by the adoption of a	23020
resolution. Upon approval of a plan or revised plan, the board	23021
shall send a copy of the plan to the chief. Upon revoking approval	23022
of a plan or revised plan, the board shall notify the chief of the	23023
revocation.	23024

(E) No person shall:

23025

(1) Apply brine to a water-saturated surface;

23026

(2) Apply brine directly to vegetation adjacent to the	23027
surface of roads, streets, highways, and other surfaces to which	23028
brine may be applied.	23029

(F) Each political subdivision that adopts a resolution under	23030
divisions (A) and (B) of this section, each department, agency, or	23031
instrumentality of this state or the United States that submits	23032
guidelines under division (B) of this section, and each person who	23033
files a plan under divisions (C) and (D) of this section shall, on	23034
or before the fifteenth day of April of each year, file a report	23035
with the chief concerning brine applied within the person's or	23036
governmental entity's jurisdiction, including the quantities	23037
transported and the sources and application points during the last	23038
preceding calendar year and such other information in such form as	23039
the chief requires.	23040

(G) Any political subdivision or department, agency, or	23041
instrumentality of this state or the United States that applies	23042
brine under this section may do so with its own personnel,	23043
vehicles, and equipment without registration under or compliance	23044
with section 1509.222 or 1509.223 of the Revised Code and without	23045
the necessity for filing the surety bond or other security	23046
required by section 1509.225 of the Revised Code. However, each	23047
such entity shall legibly identify vehicles used to apply brine	23048
with reflective paint in letters no less than four inches in	23049
height, indicating the word "brine" and that the vehicle is a	23050
vehicle of the political subdivision, department, agency, or	23051
instrumentality. Except as stated in this division, such entities	23052
shall transport brine in accordance with sections 1509.22 to	23053
1509.226 of the Revised Code.	23054

(H) A surface application plan filed for approval under	23055
division (C) of this section shall be accompanied by a	23056
nonrefundable fee of fifty dollars, which shall be credited to the	23057
general fund of the county. An approved plan is valid for one year	23058
from the date of its approval unless it is revoked before that	23059
time. An approved revised plan is valid for the remainder of the	23060
term of the plan it supersedes unless it is revoked before that	23061
time. Any person who has filed such a plan or revised plan and had	23062
it approved may renew it by refiling it in accordance with	23063
divisions (C) and (D) of this section within thirty days before	23064
any anniversary of the date on which the original plan was	23065
approved. The board shall notify the chief of renewals and	23066
nonrenewals of plans. Even if a renewed plan is approved under	23067
those divisions, the plan is not effective until notice is	23068
received by the chief, and until notice is received, the chief	23069
shall enforce this chapter and rules adopted thereunder with	23070
regard to the affected roads, streets, highways, and other similar	23071
land surfaces as if the plan had not been renewed.	23072

(I) A resolution adopted under division (A) of this section	23073
by a board or legislative authority shall be effective for one	23074
year following the date of its adoption and from month to month	23075
thereafter until the board or legislative authority, by	23076
resolution, terminates the authority granted in the original	23077
resolution. The termination shall be effective not less than seven	23078
days after enactment of the resolution, and a copy of the	23079
resolution shall be sent to the chief.	23080

Sec. 1509.31. (A) Whenever ~~the entire~~an interest ofin an	23081
oil and gas lease is assigned or otherwise transferred, the	23082
assignor or transferor shall ~~notify~~provide written notification	23083
to the lessor and to the holders of the royalty interests, and, if	23084
a well or wells exist on the lease, to the division of oil and gas	23085
resources management, of the name and address of the assignee or	23086
transferee by certified mail, return receipt requested, not later	23087
than thirty days after the date of the assignment or transfer. In	23088
addition, the assignee or transferee of the oil and gas lease	23089
shall record in the office of the county recorder of the county in	23090
which the property that is subject to the lease is located a copy	23091
of the document used to assign or otherwise transfer the interest	23092
in the oil and gas lease. When notice of any such assignment or	23093
transfer is required to be provided to the division, it shall be	23094
provided on a form prescribed and provided by the division and	23095
verified by both the assignor or transferor and by the assignee or	23096
transferee and shall be accompanied by a nonrefundable fee of one	23097
hundred dollars for each well. The notice form applicable to	23098
assignments or transfers of a well to the owner of the surface	23099
estate of the tract on which the well is located shall contain a	23100
statement informing the landowner that the well may require	23101
periodic servicing to maintain its productivity; that, upon	23102
assignment or transfer of the well to the landowner, the landowner	23103
becomes responsible for compliance with the requirements of this	23104
chapter and rules adopted under it, including, without limitation,	23105
the proper disposal of brine obtained from the well, the plugging	23106
of the well when it becomes incapable of producing oil or gas, and	23107
the restoration of the well site; and that, upon assignment or	23108
transfer of the well to the landowner, the landowner becomes	23109
responsible for the costs of compliance with the requirements of	23110
this chapter and rules adopted under it and the costs for	23111
operating and servicing the well.	23112

(B) When the entire interest of a well is proposed to be	23113
assigned or otherwise transferred to the landowner for use as an	23114
exempt domestic well, the owner who has been issued a permit under	23115
this chapter for the well shall submit to the chief of the	23116
division of oil and gas resources management an application for	23117
the assignment or transfer that contains all documents that the	23118
chief requires and a nonrefundable fee of one hundred dollars. The	23119
application for such an assignment or transfer shall be prescribed	23120
and provided by the chief. The chief may approve the application	23121
if the application is accompanied by a copy of each document that	23122
the owner used to release ~~of all of the~~each oil and gas ~~leases~~	23123
lease that ~~are~~is included in the applicable formation of the	23124
drilling unit~~, the release is in a form such that~~and a copy of a	23125
document in which the owner transfers the well ~~ownership merges~~	23126
~~with the fee simple interest of~~to the surface tract so that the	23127
well becomes a part of the title to the surface tract and runs	23128
with the land, and ~~the~~each document of release and transfer of	23129
the well to the surface tract is ~~in a form that may be~~ recorded.	23130
However, if the owner of the well does not release ~~the~~each oil	23131
and gas ~~leases~~lease that is associated with the well that is	23132
proposed to be assigned or otherwise transferred or if ~~the fee~~	23133
~~simple tract that results from the merger of the well ownership~~	23134
~~with the fee simple interest of~~ the surface tract to which the	23135
well is transferred is less than five acres, the proposed exempt	23136
domestic well owner shall post a five thousand dollar bond with	23137
the division prior to the assignment or transfer of the well to	23138
ensure that the well will be properly plugged. The chief, for good	23139
cause, may modify the requirements of this section governing the	23140
assignment or transfer of the interests of a well to the	23141
landowner. Upon the assignment or transfer of the well, the owner	23142
of an exempt domestic well is not subject to the severance tax	23143
levied under section 5749.02 of the Revised Code, but is subject	23144
to all applicable fees established in this chapter.	23145

(C) The owner holding a permit under section 1509.05 of the	23146
Revised Code is responsible for all obligations and liabilities	23147
imposed by this chapter and any rules, orders, and terms and	23148
conditions of a permit adopted or issued under it, and no	23149
assignment or transfer by the owner relieves the owner of the	23150
obligations and liabilities until and unless the assignee or	23151
transferee files with the division the information described in	23152
divisions (A)(1), (2), (3), (4), (5), (10), (11), and (12) of	23153
section 1509.06 of the Revised Code; obtains liability insurance	23154
coverage required by section 1509.07 of the Revised Code, except	23155
when none is required by that section; and executes and files a	23156
surety bond, negotiable certificates of deposit or irrevocable	23157
letters of credit, or cash, as described in that section. Instead	23158
of a bond, but only upon acceptance by the chief, the assignee or	23159
transferee may file proof of financial responsibility, described	23160
in section 1509.07 of the Revised Code. Section 1509.071 of the	23161
Revised Code applies to the surety bond, cash, and negotiable	23162
certificates of deposit and irrevocable letters of credit	23163
described in this section. Unless the chief approves a	23164
modification, each assignee or transferee shall operate in	23165
accordance with the plans and information filed by the permit	23166
holder pursuant to section 1509.06 of the Revised Code.	23167

(D) If a mortgaged property that is being foreclosed is	23168
subject to an oil or gas lease, pipeline agreement, or other	23169
instrument related to the production or sale of oil or natural gas	23170
and the lease, agreement, or other instrument was recorded	23171
subsequent to the mortgage, and if the lease, agreement, or other	23172
instrument is not in default, the oil or gas lease, pipeline	23173
agreement, or other instrument, as applicable, has priority over	23174
all other liens, claims, or encumbrances on the property so that	23175
the oil or gas lease, pipeline agreement, or other instrument is	23176
not terminated or extinguished upon the foreclosure sale of the	23177
mortgaged property. If the owner of the mortgaged property was	23178
entitled to oil and gas royalties before the foreclosure sale, the	23179
oil or gas royalties shall be paid to the purchaser of the	23180
foreclosed property.	23181

Sec. 1509.34. (A)(1) If an owner fails to pay the fees	23182
imposed by this chapter, or if the chief of the division of oil	23183
and gas resources management incurs costs under division (E) of	23184
section 1509.071 of the Revised Code to correct conditions	23185
associated with the owner's well that the chief reasonably has	23186
determined are causing imminent health or safety risks, the	23187
division of oil and gas resources management shall have a priority	23188
lien against that owner's interest in the applicable well in front	23189
of all other creditors for the amount of any such unpaid fees and	23190
costs incurred. The chief shall file a statement in the office of	23191
the county recorder of the county in which the applicable well is	23192
located of the amount of the unpaid fees and costs incurred as	23193
described in this division. The statement shall constitute a lien	23194
on the owner's interest in the well as of the date of the filing.	23195
The lien shall remain in force so long as any portion of the lien	23196
remains unpaid or until the chief issues a certificate of release	23197
of the lien. If the chief issues a certificate of release of the	23198
lien, the chief shall file the certificate of release in the	23199
office of the applicable county recorder.	23200

(2) A lien imposed under division (A)(1) of this section	23201
shall be in addition to any lien imposed by the attorney general	23202
for failure to pay ~~the assessment imposed by section 1509.50 of~~	23203
~~the Revised Code or~~ the tax levied under division (A)(5) or, (6),	23204
(10), or (11) of section 5749.02 of the Revised Code, as	23205
applicable.	23206

(3) If the attorney general cannot collect from a severer or	23207
an owner for an outstanding balance ~~of amounts due under section~~	23208
~~1509.50 of the Revised Code or~~ of unpaid taxes levied under	23209
division (A)(5) or, (6), (10), or (11) of section 5749.02 of the	23210
Revised Code, as applicable, the tax commissioner may request the	23211
chief to impose a priority lien against the owner's interest in	23212
the applicable well. Such a lien has priority in front of all	23213
other creditors.	23214

(B) The chief promptly shall issue a certificate of release	23215
of a lien under either of the following circumstances:	23216

(1) Upon the repayment in full of the amount of unpaid fees	23217
imposed by this chapter or costs incurred by the chief under	23218
division (E) of section 1509.071 of the Revised Code to correct	23219
conditions associated with the owner's well that the chief	23220
reasonably has determined are causing imminent health or safety	23221
risks;	23222

(2) Any other circumstance that the chief determines to be in	23223
the best interests of the state.	23224

(C) The chief may modify the amount of a lien under this	23225
section. If the chief modifies a lien, the chief shall file a	23226
statement in the office of the county recorder of the applicable	23227
county of the new amount of the lien.	23228

(D) An owner regarding which the division has recorded a lien	23229
against the owner's interest in a well in accordance with this	23230
section shall not transfer a well, lease, or mineral rights to	23231
another owner or person until the chief issues a certificate of	23232
release for each lien against the owner's interest in the well.	23233

(E) All money from the collection of liens under this section	23234
shall be deposited in the state treasury to the credit of the oil	23235
and gas well fund created in section 1509.02 of the Revised Code.	23236

Sec. 1531.06. (A) The chief of the division of wildlife,	23237
with the approval of the director of natural resources, may	23238
acquire by gift, lease, purchase, or otherwise lands or surface	23239
rights upon lands and waters or surface rights upon waters for	23240
wild animals, fish or game management, preservation, propagation,	23241
and protection, outdoor and nature activities, public fishing and	23242
hunting grounds, and flora and fauna preservation. The chief, with	23243
the approval of the director, may receive by grant, devise,	23244
bequest, donation, or assignment evidences of indebtedness, the	23245
proceeds of which are to be used for the purchase of such lands or	23246
surface rights upon lands and waters or surface rights upon	23247
waters.	23248

(B)(1) The chief shall adopt rules for the protection of	23249
state-owned or leased lands and waters and property under the	23250
control of the division of wildlife against wrongful use or	23251
occupancy that will ensure the carrying out of the intent of this	23252
section, protect those lands, waters, and property from	23253
depredations, and preserve them from molestation, spoilation,	23254
destruction, or any improper use or occupancy thereof, including	23255
rules with respect to recreational activities and for the	23256
government and use of such lands, waters, and property.	23257

(2) The chief may adopt rules benefiting wild animals, fish	23258
or game management, preservation, propagation, and protection,	23259
outdoor and nature activities, public fishing and hunting grounds,	23260
and flora and fauna preservation, and regulating the taking and	23261
possession of wild animals on any lands or waters owned or leased	23262
or under the division's supervision and control and, for a	23263
specified period of years, may prohibit or recall the taking and	23264
possession of any wild animal on any portion of such lands or	23265
waters. The division clearly shall define and mark the boundaries	23266
of the lands and waters owned or leased or under its supervision	23267
and control upon which the taking of any wild animal is	23268
prohibited.	23269

(C) The chief, with the approval of the director, may acquire	23270
by gift, lease, or purchase land for the purpose of establishing	23271
state fish hatcheries and game farms and may erect on it buildings	23272
or structures that are necessary.	23273

The title to or lease of such lands and waters shall be taken	23274
by the chief in the name of the state. The lease or purchase price	23275
of all such lands and waters may be paid from hunting and trapping	23276
and fishing licenses and any other funds.	23277

(D) To provide more public recreation, stream and lake	23278
agreements for public fishing only may be obtained under rules	23279
adopted by the chief.	23280

(E) The chief, with the approval of the director, may	23281
establish user fees for the use of special public facilities or	23282
participation in special activities on lands and waters	23283
administered by the division. The special facilities and	23284
activities may include hunting or fishing on special designated	23285
public lands and waters intensively managed or stocked with	23286
artificially propagated game birds or fish, field trial	23287
facilities, wildlife nature centers, firearm ranges, boat mooring	23288
facilities, camping sites, and other similar special facilities	23289
and activities. The chief shall determine whether the user fees	23290
are refundable and shall ensure that that information is provided	23291
at the time the user fees are paid.	23292

(F) The chief, with the approval of the director, may enter	23293
into lease agreements for rental of concessions or other special	23294
projects situated on state-owned or leased lands or waters or	23295
other property under the division's control. The chief shall set	23296
and collect the fees for concession rentals or other special	23297
projects; regulate through contracts between the division and	23298
concessionaires the sale of tangible objects at concessions or	23299
other special projects; and keep a record of all such fee payments	23300
showing the amount received, from whom received, and for what	23301
purpose the fee was collected.	23302

(G) The chief may sell or donate conservation-related items	23303
or items that promote wildlife conservation, including, but not	23304
limited to, stamps, pins, badges, books, bulletins, maps,	23305
publications, calendars, and any other educational article or	23306
artifact pertaining to wild animals; sell confiscated or forfeited	23307
items; and sell surplus structures and equipment, and timber or	23308
crops from lands owned, administered, leased, or controlled by the	23309
division. The chief, with the approval of the director, also may	23310
engage in campaigns and special events that promote wildlife	23311
conservation by selling or donating wildlife-related materials,	23312
memberships, and other items of promotional value.	23313

(H) The chief may sell, lease, or transfer minerals or	23314
mineral rights, with the approval of the director, when the chief	23315
and the director determine it to be in the best interest of the	23316
state. Upon approval of the director, the chief may make, execute,	23317
and deliver contracts, including leases, to mine, drill, or	23318
excavate iron ore, stone, coal, salt, and other minerals, other	23319
than oil or gas, upon and under lands owned by the state and	23320
administered by the division to any person who complies with the	23321
terms of such a contract. No such contract shall be valid for more	23322
than fifty years from its effective date. Consideration for	23323
minerals and mineral rights shall be by rental or royalty basis as	23324
prescribed by the chief and payable as prescribed by contract.	23325
Moneys collected under this division shall be paid into the state	23326
treasury to the credit of the wildlife habitat fund created in	23327
section 1531.33 of the Revised Code. Contracts entered into under	23328
this division also may provide for consideration for minerals or	23329
mineral rights in the form of acquisition of lands as provided	23330
under divisions (A) and (C) of this section.	23331

(I) All moneys received under divisions (E), (F), and (G) of	23332
this section shall be paid into the state treasury to the credit	23333
of a fund that shall be used for the purposes outlined in section	23334
1533.15 of the Revised Code and for the management of other wild	23335
animals for their ecological and nonconsumptive recreational value	23336
or benefit.	23337

(J) ~~The chief, with the approval of the director, may barter~~	23338
~~or sell wild animals to other states, state or federal agencies,~~	23339
~~and conservation or zoological organizations. Moneys received from~~	23340
~~the sale of wild animals shall be deposited into the wild animal~~	23341
~~fund created in section 1531.34 of the Revised Code.~~	23342

~~(K)~~ The chief shall adopt rules establishing standards and	23343
guidelines for the administration of contraceptive chemicals to	23344
noncaptive wild animals. The rules may specify chemical delivery	23345
methods and devices and monitoring requirements.	23346

The chief shall establish criteria for the issuance of and	23347
shall issue permits for the administration of contraceptive	23348
chemicals to noncaptive wild animals. No person shall administer	23349
contraceptive chemicals to noncaptive wild animals without a	23350
permit issued by the chief.	23351

~~(L)~~(K) All fees set by the chief under this section shall be	23352
approved by the wildlife council.	23353

~~(M)~~(L) Information contained in the wildlife diversity	23354
database that is established pursuant to division (B)(2) of this	23355
section and section 1531.25 of the Revised Code may be made	23356
available to any individual or public or private agency for	23357
research, educational, environmental, land management, or other	23358
similar purposes that are not detrimental to the conservation of a	23359
species or feature. Information regarding sensitive site locations	23360
of species that are listed pursuant to section 1531.25 of the	23361
Revised Code and of features that are included in the wildlife	23362
diversity database is not subject to section 149.43 of the Revised	23363
Code if the chief determines that the release of the information	23364
could be detrimental to the conservation of a species or feature.	23365

Sec. 1531.99. (A) Whoever violates section 1531.02 of the	23366
Revised Code, or any division rule, other than a rule adopted	23367
under section 1531.25 of the Revised Code, is guilty of a	23368
misdemeanor of the fourth degree.	23369

(B) Whoever violates section 1531.02 of the Revised Code	23370
concerning the taking or possession of deer or violates division	23371
~~(K)~~(J) of section 1531.06 or section 1531.07 or 1531.29 of the	23372
Revised Code is guilty of a misdemeanor of the third degree on a	23373
first offense; on each subsequent offense, that person is guilty	23374
of a misdemeanor of the first degree.	23375

(C) Whoever violates section 1531.25 of the Revised Code is	23376
guilty of a misdemeanor of the first degree.	23377

(D) Whoever violates section 1531.02 of the Revised Code	23378
concerning the buying, selling, or offering for sale of any wild	23379
animals or parts of wild animals, the minimum value of which	23380
animals or parts, in the aggregate, is one thousand dollars or	23381
more as established under section 1531.201 of the Revised Code, is	23382
guilty of a felony of the fifth degree.	23383

(E) A court that imposes sentence for a violation of any	23384
section of this chapter governing the holding, taking, buying,	23385
selling, or possession of wild animals, including, without	23386
limitation, section 1531.11 of the Revised Code, may require the	23387
person who is convicted of or pleads guilty to the offense, in	23388
addition to any fine, term of imprisonment, seizure, and	23389
forfeiture imposed, to make restitution for the minimum value of	23390
the wild animal illegally held, taken, bought, sold, or possessed	23391
as established under section 1531.201 of the Revised Code. An	23392
officer who collects moneys paid as restitution under this section	23393
shall pay those moneys to the treasurer of state who shall deposit	23394
them in the state treasury to the credit of the wildlife fund	23395
established under section 1531.17 of the Revised Code.	23396

Sec. 1541.03. All lands and waters dedicated and set apart	23397
for state park purposes shall be under the control and management	23398
of the division of parks and recreation, which shall protect,	23399
maintain, and keep them in repair. The division shall have the	23400
following powers over all such lands and waters:	23401

(A) To make alterations and improvements;

23402

(B) To construct and maintain dikes, wharves, landings,	23403
docks, dams, and other works;	23404

(C) To construct and maintain roads and drives in, around,	23405
upon, and to the lands and waters to make them conveniently	23406
accessible and useful to the public;	23407

(D) Except as otherwise provided in this section, to adopt,	23408
amend, and rescind, in accordance with Chapter 119. of the Revised	23409
Code, rules necessary for the proper management of state parks,	23410
bodies of water, and the lands adjacent to them under its	23411
jurisdiction and control, including the following:	23412

(1) Governing opening and closing times and dates of the	23413
parks;	23414

(2) Establishing fees and charges for use of facilities in	23415
state parks;	23416

(3) Governing camps, camping, and fees for camps and camping;

23417

(4) Governing the application for and rental of, rental fees	23418
for, and the use of cottages;	23419

(5) Relating to public use of state park lands, and governing	23420
the operation of motor vehicles, including speeds, and parking on	23421
those lands;	23422

(6) Governing all advertising within state parks and the	23423
requirements for the operation of places selling tangible personal	23424
property and control of food service sales on lands and waters	23425
under the control of the division, which rules shall establish	23426
uniform requirements;	23427

(7) Providing uniform standards relating to the size, type,	23428
location, construction, and maintenance of structures and devices	23429
used for fishing or moorage of watercraft, ~~rowboats, sailboats,~~	23430
~~and powercraft,~~ as ~~those terms are~~that term is defined in section	23431
1547.01 of the Revised Code, over waters under the control of the	23432
division and establishing reasonable fees for the construction of	23433
and annual use permits for those structures and devices;	23434

(8) Governing state beaches, swimming, inflatable devices,	23435
and fees for them;	23436

(9) Governing the removal and disposition of any watercraft,	23437
~~rowboat, sailboat, or powercraft,~~ as ~~those terms are~~that term is	23438
defined in section 1547.01 of the Revised Code, left unattended	23439
for more than seven days on any lands or waters under the control	23440
of the division;	23441

(10) Governing the establishment and collection of check	23442
collection charges for checks that are returned to the division or	23443
dishonored for any reason.	23444

(E) To coordinate and plan trails in accordance with section	23445
1519.03 of the Revised Code;	23446

(F) To cooperate with the United States and agencies of it	23447
and with political subdivisions in administering federal	23448
recreation moneys under the "Land and Water Conservation Fund Act	23449
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and	23450
distribute the statewide comprehensive outdoor recreation plan;	23451
and administer the state recreational vehicle fund created in	23452
section 4519.11 of the Revised Code;	23453

(G) To administer any state or federally funded grant program	23454
that is related to natural resources and recreation as considered	23455
necessary by the director of natural resources;	23456

(H) To assist the department of natural resources and its	23457
divisions by providing department-wide planning, capital	23458
improvements planning, and special purpose planning.	23459

The division shall adopt rules under this section	23460
establishing a discount program for all persons who are issued a	23461
golden buckeye card under section 173.06 of the Revised Code. The	23462
discount program shall provide a discount for all park services	23463
and rentals, but shall not provide a discount for the purchase of	23464
merchandise.	23465

The division shall not adopt rules establishing fees or	23466
charges for parking a motor vehicle in a state park or for	23467
admission to a state park.	23468

Every resident of this state with a disability that has been	23469
determined by the veterans administration to be permanently and	23470
totally disabling, who receives a pension or compensation from the	23471
veterans administration, and who received an honorable discharge	23472
from the armed forces of the United States, and every veteran to	23473
whom the registrar of motor vehicles has issued a set of license	23474
plates under section 4503.41 of the Revised Code, shall be exempt	23475
from the fees for camping, provided that the resident or veteran	23476
carries in the state park such evidence of the resident's or	23477
veteran's disability as the chief prescribes by rule.	23478

Unless otherwise provided by division rule, every resident of	23479
this state who is sixty-five years of age or older or who is	23480
permanently and totally disabled and who furnishes evidence of	23481
that age or disability in a manner prescribed by division rule	23482
shall be charged one-half of the regular fee for camping, except	23483
on the weekends and holidays designated by the division, and shall	23484
not be charged more than ninety per cent of the regular charges	23485
for state recreational facilities, equipment, services, and food	23486
service operations utilized by the person at any time of year,	23487
whether maintained or operated by the state or leased for	23488
operation by another entity.	23489

As used in this section, "food service operations" means	23490
restaurants that are owned by the department of natural resources	23491
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	23492
parks or are part of a state park lodge. "Food service operations"	23493
does not include automatic vending machines, concession stands, or	23494
snack bars.	23495

As used in this section, "prisoner of war" means any	23496
regularly appointed, enrolled, enlisted, or inducted member of the	23497
military forces of the United States who was captured, separated,	23498
and incarcerated by an enemy of the United States. Any person who	23499
has been a prisoner of war, was honorably discharged from the	23500
military forces, and is a resident of this state is exempt from	23501
the fees for camping. To claim this exemption, the person shall	23502
present written evidence in the form of a record of separation, a	23503
letter from one of the military forces of the United States, or	23504
such other evidence as the chief prescribes by rule that satisfies	23505
the eligibility criteria established by this section.	23506

Sec. 1545.071. ~~The following applies until the department of~~	23507
~~administrative services implements for park districts the health~~	23508
~~care plans under section 9.901 of the Revised Code. If those plans~~	23509
~~do not include or address any benefits listed in this section, the~~	23510
~~following provisions continue in effect for those benefits.~~	23511

The board of park commissioners of any park district may	23512
procure and pay all or any part of the cost of group insurance	23513
policies that may provide benefits for hospitalization, surgical	23514
care, major medical care, disability, dental care, eye care,	23515
medical care, hearing aids, or prescription drugs, or sickness and	23516
accident insurance or a combination of any of the foregoing types	23517
of insurance or coverage for park district officers and employees	23518
and their immediate dependents issued by an insurance company duly	23519
authorized to do business in this state.	23520

The board may procure and pay all or any part of the cost of	23521
group life insurance to insure the lives of park district	23522
employees.	23523

The board also may contract for group health care services	23524
with health insuring corporations holding a certificate of	23525
authority under Chapter 1751. of the Revised Code provided that	23526
each officer or employee is permitted to:	23527

(A) Choose between a plan offered by an insurance company and	23528
a plan offered by a health insuring corporation and provided	23529
further that the officer or employee pays any amount by which the	23530
cost of the plan chosen by the officer or employee exceeds the	23531
cost of the plan offered by the board under this section;	23532

(B) Change the choice made under division (A) of this section	23533
at a time each year as determined in advance by the board.	23534

Any appointed member of the board of park commissioners and	23535
the spouse and dependent children of the member may be covered, at	23536
the option and expense of the member, as a noncompensated employee	23537
of the park district under any benefit plan described in division	23538
(A) of this section. The member shall pay to the park district the	23539
amount certified to it by the benefit provider as the provider's	23540
charge for the coverage the member has chosen under division (A)	23541
of this section. Payments for coverage shall be made, in advance,	23542
in a manner prescribed by the board. The member's exercise of an	23543
option to be covered under this section shall be in writing,	23544
announced at a regular public meeting of the board, and recorded	23545
as a public record in the minutes of the board.	23546

The board may provide the benefits authorized in this section	23547
by contributing to a health and welfare trust fund administered	23548
through or in conjunction with a collective bargaining	23549
representative of the park district employees.	23550

The board may provide the benefits described in this section	23551
through an individual self-insurance program or a joint	23552
self-insurance program as provided in section 9.833 of the Revised	23553
Code.	23554

Sec. 1547.01. As used in this chapter:

23555

(A) ~~As used in sections 1541.03, 1547.26, 1547.39, 1547.40,~~	23556
~~1547.53, 1547.54, 1547.541, 1547.542, 1547.543, 1547.56, 1547.57,~~	23557
~~1547.66, and 5311.01 of the Revised Code, "watercraft"~~	23558
"Watercraft" means any ~~of the following when used or capable of~~	23559
~~being used for transportation on the water~~vessel that is required	23560
to be registered under this chapter, including all of the	23561
following:	23562

(1) A vessel operated by machinery either permanently or	23563
temporarily affixed;	23564

(2) A sailboat ~~other than a sailboard~~or other recreational	23565
vessel that is dependent on the wind to propel it in the normal	23566
course of operation;	23567

(3) An inflatable, manually propelled ~~boat~~recreational	23568
vessel that is required by federal law to have a hull	23569
identification number meeting the requirements of the United	23570
States coast guard;	23571

(4) A canoe or, rowboat, or other recreational vessel that is	23572
propelled by human muscular effort using one or more oars,	23573
paddles, or poles.	23574

~~"Watercraft"~~Notwithstanding any other provision to the	23575
contrary, "watercraft" does not include ferries as referred to in	23576
Chapter 4583. of the Revised Code, sailboards, kiteboards,	23577
paddleboards, and belly boats or float tubes.	23578

Watercraft subject to ~~section 1547.54 of the Revised Code~~	23579
registration under this chapter shall be divided into five classes	23580
as follows:	23581

Class A: Less than sixteen feet in length;

23582

Class 1: At least sixteen feet, but less than twenty-six feet	23583
in length;	23584

Class 2: At least twenty-six feet, but less than forty feet	23585
in length;	23586

Class 3: At least forty feet, but less than sixty-five feet	23587
in length;	23588

Class 4: At least sixty-five feet in length.

23589

(B) ~~As used in this chapter:~~

23590

~~(1)~~ "Vessel" includes every description of craft, including	23591
nondisplacement craft and seaplanes, designed to be used as a	23592
means of transportation on water.	23593

~~(2)~~(C) "Rowboat" means any vessel, except a canoe or	23594
paddleboard, that is designed to be rowed and that is propelled by	23595
human muscular effort by oars or paddles and upon which no	23596
mechanical propulsion device, electric motor, internal combustion	23597
engine, or sail has been affixed or is used for the operation of	23598
the vessel.	23599

~~(3)~~(D) "Sailboat" means any vessel, equipped with mast and	23600
sails, except a sailboard, that is dependent upon the wind to	23601
propel it in the normal course of operation.	23602

~~(a)~~(1) Any sailboat equipped with an inboard engine is deemed	23603
a powercraft with auxiliary sail.	23604

~~(b)~~(2) Any sailboat equipped with a detachable motor is	23605
deemed a sailboat with auxiliary power.	23606

~~(c)~~(3) Any sailboat being propelled by mechanical power,	23607
whether under sail or not, is deemed a powercraft and subject to	23608
all laws and rules governing powercraft operation.	23609

~~(4)~~(E) "Powercraft" means any vessel propelled by machinery,	23610
fuel, rockets, or similar device.	23611

~~(5)~~(F) "Person" includes any legal entity defined as a person	23612
in section 1.59 of the Revised Code and any body politic, except	23613
the United States and this state, and includes any agent, trustee,	23614
executor, receiver, assignee, or other representative thereof.	23615

~~(6)~~(G) "Owner" includes any person who claims lawful	23616
possession of a vessel by virtue of legal title or equitable	23617
interest therein that entitled the person to that possession.	23618

~~(7)~~(H) "Operator" includes any person who navigates or has	23619
under the person's control a vessel, or vessel and detachable	23620
motor, on the waters in this state.	23621

~~(8)~~(I) "Visible" means visible on a dark night with clear	23622
atmosphere.	23623

~~(9)~~(J) "Waters in this state" means all streams, rivers,	23624
lakes, ponds, marshes, watercourses, waterways, and other bodies	23625
of water, natural or humanmade, that are situated wholly or	23626
partially within this state or within its jurisdiction and are	23627
used for recreational boating.	23628

~~(10)~~(K) "Navigable waters" means waters that come under the	23629
jurisdiction of the department of the army of the United States	23630
and any waterways within or adjacent to this state, except inland	23631
lakes having neither a navigable inlet nor outlet.	23632

~~(11)~~(L) "In operation" in reference to a vessel means that	23633
the vessel is being navigated or otherwise used on the waters in	23634
this state.	23635

~~(12)~~(M) "Sewage" means human body wastes and the wastes from	23636
toilets and other receptacles intended to receive or retain body	23637
waste.	23638

~~(13)~~(N) "Canoe" means a narrow vessel of shallow draft,	23639
pointed at both ends and propelled by human muscular effort, and	23640
includes kayaks, racing shells, and rowing sculls.	23641

~~(14)~~(O) "Coast guard approved" means bearing an approval	23642
number assigned by the United States coast guard.	23643

~~(15)~~(P) "Type one personal flotation device" means a device	23644
that is designed to turn an unconscious person floating in water	23645
from a face downward position to a vertical or slightly face	23646
upward position and that has at least nine kilograms,	23647
approximately twenty pounds, of buoyancy.	23648

~~(16)~~(Q) "Type two personal flotation device" means a device	23649
that is designed to turn an unconscious person in the water from a	23650
face downward position to a vertical or slightly face upward	23651
position and that has at least seven kilograms, approximately	23652
fifteen and four-tenths pounds, of buoyancy.	23653

~~(17)~~(R) "Type three personal flotation device" means a device	23654
that is designed to keep a conscious person in a vertical or	23655
slightly face upward position and that has at least seven	23656
kilograms, approximately fifteen and four-tenths pounds, of	23657
buoyancy.	23658

~~(18)~~(S) "Type four personal flotation device" means a device	23659
that is designed to be thrown to a person in the water and not	23660
worn and that has at least seven and five-tenths kilograms,	23661
approximately sixteen and five-tenths pounds, of buoyancy.	23662

~~(19)~~(T) "Type five personal flotation device" means a device	23663
that, unlike other personal flotation devices, has limitations on	23664
its approval by the United States coast guard, including, without	23665
limitation, all of the following:	23666

~~(a)~~(1) The approval label on the type five personal flotation	23667
device indicates that the device is approved for the activity in	23668
which the vessel is being used or as a substitute for a personal	23669
flotation device of the type required on the vessel in use.	23670

~~(b)~~(2) The personal flotation device is used in accordance	23671
with any requirements on the approval label.	23672

~~(c)~~(3) The personal flotation device is used in accordance	23673
with requirements in its owner's manual if the approval label	23674
refers to such a manual.	23675

~~(20)~~(U) "Inflatable watercraft" means any vessel constructed	23676
of rubber, canvas, or other material that is designed to be	23677
inflated with any gaseous substance, constructed with two or more	23678
air cells, and operated as a vessel. Inflatable watercraft that is	23679
propelled by human muscular effort using an oar, paddle, or pole	23680
shall be classified as a rowboat and shall be registered by	23681
length. Inflatable watercraft that is propelled by a motor shall	23682
be classified as powercraft and shall be registered by length.	23683
Inflatable watercraft that is propelled by a sail shall be	23684
classified as a sailboat and shall be registered by length.	23685

~~(21)~~(V) "Idle speed" means the slowest possible speed needed	23686
to maintain steerage or maneuverability.	23687

~~(22)~~(W) "Diver's flag" means a red flag not less than one	23688
foot square having a diagonal white stripe extending from the	23689
masthead to the opposite lower corner that when displayed	23690
indicates that divers are in the water.	23691

~~(23)~~(X) "Muffler" means an acoustical suppression device or	23692
system that is designed and installed to abate the sound of	23693
exhaust gases emitted from an internal combustion engine and that	23694
prevents excessive or unusual noise.	23695

~~(24)~~(Y) "Law enforcement vessel" means any vessel used in law	23696
enforcement and under the command of a law enforcement officer.	23697

~~(25)~~(Z) "Personal watercraft" means a vessel, less than	23698
sixteen feet in length, that is propelled by machinery and	23699
designed to be operated by an individual sitting, standing, or	23700
kneeling on the vessel rather than by an individual sitting or	23701
standing inside the vessel.	23702

~~(26)~~(AA) "No wake" has the same meaning as "idle speed."

23703

~~(27)~~(BB) "Watercraft dealer" means any person who is	23704
regularly engaged in the business of manufacturing, selling,	23705
displaying, offering for sale, or dealing in vessels at an	23706
established place of business. "Watercraft dealer" does not	23707
include a person who is a marine salvage dealer or any other	23708
person who dismantles, salvages, or rebuilds vessels using used	23709
parts.	23710

~~(28)~~(CC) "Electronic" includes electrical, digital, magnetic,	23711
optical, electromagnetic, or any other form of technology that	23712
entails capabilities similar to these technologies.	23713

~~(29)~~(DD) "Electronic record" means a record generated,	23714
communicated, received, or stored by electronic means for use in	23715
an information system or for transmission from one information	23716
system to another.	23717

~~(30)~~(EE) "Electronic signature" means a signature in	23718
electronic form attached to or logically associated with an	23719
electronic record.	23720

~~(31)~~(FF) "Drug of abuse" has the same meaning as in section	23721
4506.01 of the Revised Code.	23722

~~(32)~~(GG) "Watercourse" means a substantially natural channel	23723
with recognized banks and bottom in which a flow of water occurs,	23724
with an average of at least ten feet mean surface water width and	23725
at least five miles of length.	23726

~~(33)~~(HH) "Impoundment" means the reservoir created by a dam	23727
or other artificial barrier across a watercourse that causes water	23728
to be stored deeper than and generally beyond the banks of the	23729
natural channel of the watercourse during periods of normal flow,	23730
but does not include water stored behind rock piles, rock riffle	23731
dams, and low channel dams where the depth of water is less than	23732
ten feet above the channel bottom and is essentially confined	23733
within the banks of the natural channel during periods of normal	23734
stream flow.	23735

~~(34)~~(II) "Wild river area" means an area declared a wild	23736
river area by the director of natural resources under this chapter	23737
and includes those rivers or sections of rivers that are free of	23738
impoundments and generally inaccessible except by trail, with	23739
watersheds or shorelines essentially primitive and waters	23740
unpolluted, representing vestiges of primitive America.	23741

~~(35)~~(JJ) "Scenic river area" means an area declared a scenic	23742
river area by the director under this chapter and includes those	23743
rivers or sections of rivers that are free of impoundments, with	23744
shorelines or watersheds still largely primitive and shorelines	23745
largely undeveloped, but accessible in places by roads.	23746

~~(36)~~(KK) "Recreational river area" means an area declared a	23747
recreational river area by the director under this chapter and	23748
includes those rivers or sections of rivers that are readily	23749
accessible by road or railroad, that may have some development	23750
along their shorelines, and that may have undergone some	23751
impoundment or diversion in the past.	23752

(LL) "Belly boat" or "float tube" means a vessel that is	23753
inflatable, propelled solely by human muscular effort without	23754
using an oar, paddle, or pole, and designed to accommodate a	23755
single individual as an operator in such a manner that the	23756
operator remains partially submerged in the water.	23757

(MM) "Kiteboard" means a recreational vessel that has no	23758
freeboard, has no cockpit, and is operated by an individual who is	23759
standing on the vessel while using a kite as a means of propulsion	23760
and lift.	23761

(NN) "Paddleboard" means a recreational vessel that has no	23762
freeboard, is propelled by human muscular effort using a pole or	23763
single- or double-bladed paddle, and is operated by an individual	23764
who is kneeling, standing, or lying on the vessel.	23765

(OO) "Sailboard" means a recreational vessel that has no	23766
freeboard, has no cockpit, has a single sail mounted on a mast	23767
that is connected to the vessel by a free-rotating, flexible	23768
joint, and is operated by an individual who is standing on the	23769
vessel.	23770

(PP) "Recreational vessel" means a vessel that is propelled	23771
or controlled by machinery, sails, other contrivance, or human	23772
muscular effort using an oar, paddle, or pole and that is	23773
manufactured or operated primarily for recreational purposes.	23774

Sec. 1547.542. (A) Any person or organization owning any	23775
number of canoes, rowboats, inflatable watercraft, or sailboats	23776
for the purpose of rental to the public may apply with the chief	23777
of the division of watercraft for and receive an annual	23778
certificate of livery registration. No watercraft shall be rented	23779
to the public from a livery or other place of business in this	23780
state unless it first has been numbered and registered in	23781
accordance with this section or section 1547.54 of the Revised	23782
Code. Certificates of livery registration shall be issued by an	23783
authorized agent who is selected by the chief from among those	23784
designated under section 1547.54 of the Revised Code. The	23785
certificate shall display ~~the~~all of the following:	23786

(1) The name of the owner of the livery~~, the~~;

23787

(2) The date of issuance~~, the~~;

23788

(3) The date of expiration~~, the~~;

23789

(4) The number of watercraft registered~~, the~~;

23790

(5) The fee paid~~, an~~;

23791

(6) An authorized facsimile of the signature of the chief	23792
provided by the authorized agent who is selected to issue the	23793
certificate~~, and the~~;	23794

(7) The signature of the livery owner~~. The certificate shall~~	23795
~~bear the~~;	23796

(8) The livery watercraft registration number assigned to the	23797
livery owner~~, which shall be displayed in accordance with section~~	23798
~~1547.57 of the Revised Code on each watercraft in the fleet for~~	23799
~~which the certificate was issued~~. ~~The~~	23800

The owner of the livery shall be issued a tag for each	23801
watercraft that has been registered in accordance with this	23802
section. The tag shall be affixed to each such watercraft in	23803
accordance with this section prior to the watercraft's being	23804
rented to the public. The chief shall prescribe the content and	23805
form of the tag in rules adopted under section 1547.52 of the	23806
Revised Code.	23807

The owner of a livery shall obtain an amended certificate of	23808
livery registration from the chief whenever the composition of the	23809
fleet changes.	23810

(B) Not later than March 15, 2015, the owner of a livery	23811
shall identify each watercraft in the fleet for which a	23812
certificate of registration has been issued under this section in	23813
one of the following ways:	23814

(1) By displaying the livery watercraft registration number	23815
assigned to the livery owner on the forward half of both sides of	23816
the watercraft in block characters that are of a single color that	23817
contrasts with the color of the hull and are at least three inches	23818
in height. The livery watercraft registration number shall be	23819
displayed in such a manner that the number is visible under normal	23820
operating conditions. In addition, the tag that has been issued to	23821
the watercraft under this section shall be placed not more than	23822
six inches from the livery watercraft registration number on the	23823
port side of the watercraft.	23824

(2) By displaying the livery name on the rear half of the	23825
watercraft in such a manner that it is clearly visible under	23826
normal operating conditions. If there is insufficient space or it	23827
is impractical to display the livery name on the sides of the	23828
watercraft, the livery name may be displayed on the rear half of	23829
the watercraft's deck, provided that the display of the name does	23830
not interfere with the placement of the tag that has been issued	23831
to the watercraft. In addition, the tag shall be placed in one of	23832
the following locations:	23833

(a) In the upper right corner of the transom so that the tag	23834
does not interfere with the legibility of the hull identification	23835
number of the watercraft;	23836

(b) Six inches from the stern on the outside of the	23837
watercraft below the port side gunwale;	23838

(c) On the inside of the watercraft on the upper portion of	23839
the starboard side gunwale so that the tag is visible from the	23840
port side of the watercraft;	23841

(d) On a deck on the rear half of the watercraft.

23842

For purposes of division (B) of this section, each watercraft	23843
in a livery fleet shall be identified in a uniform and consistent	23844
manner.	23845

(C) The fee for each watercraft registered under this section	23846
shall be an annual registration fee. The fee shall be one-third of	23847
the triennial registration fees prescribed in section 1547.54 of	23848
the Revised Code. However, if the size of the fleet does not	23849
increase, the fee for an amended certificate of livery	23850
registration shall be the fee prescribed for issuing a duplicate	23851
registration certificate under section 1547.54 of the Revised	23852
Code, and the chief shall not refund to the livery owner all or	23853
any portion of an annual registration fee applicable to a	23854
watercraft transferred or abandoned by the livery owner. If the	23855
size of the fleet increases, the livery owner shall be required to	23856
pay the applicable annual registration fee for each watercraft	23857
registered under an amended certificate of livery registration	23858
that is in excess of the number of watercraft contained in the	23859
annual certificate of livery registration.	23860

In addition to the fees established in this section,	23861
watercraft that are not powercraft shall be charged a waterways	23862
conservation assessment fee. The fee shall be collected at the	23863
time of the issuance of an annual livery registration under this	23864
section and shall be one dollar and fifty cents for each	23865
watercraft included in the registration. The fee shall be	23866
deposited in the state treasury and credited to a distinct account	23867
in the waterways safety fund created in section 1547.75 of the	23868
Revised Code.	23869

(D) The certificate of livery registration, rental ~~receipts~~	23870
agreements, and required safety equipment are subject to	23871
inspection at any time at the livery's place of business by any	23872
authorized representative of the division of watercraft or any law	23873
enforcement officer in accordance with section 1547.63 of the	23874
Revised Code.	23875

(E) Except as provided in this section, all watercraft	23876
registered under this section are subject to this chapter and	23877
Chapter 1548. of the Revised Code.	23878

(F) The chief may issue an order temporarily or permanently	23879
restricting or suspending a livery certificate of registration and	23880
the privileges associated with it without a hearing if the chief	23881
finds that the holder of the certificate has violated this	23882
chapter.	23883

Sec. 1547.99. (A) Whoever violates section 1547.91 of the	23884
Revised Code is guilty of a felony of the fourth degree.	23885

(B) Whoever violates division (F) of section 1547.08, section	23886
1547.10, division (I) of section 1547.111, section 1547.13, or	23887
section 1547.66 of the Revised Code is guilty of a misdemeanor of	23888
the first degree.	23889

(C) Whoever violates a provision of this chapter or a rule	23890
adopted thereunder, for which no penalty is otherwise provided, is	23891
guilty of a minor misdemeanor.	23892

(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of	23893
the Revised Code without causing injury to persons or damage to	23894
property is guilty of a misdemeanor of the fourth degree.	23895

(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of	23896
the Revised Code causing injury to persons or damage to property	23897
is guilty of a misdemeanor of the third degree.	23898

(F) Whoever violates division (N) of section 1547.54,	23899
division (G) of section 1547.30, or section 1547.131, 1547.25,	23900
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	23901
of the Revised Code or a rule adopted under division (A)(2) of	23902
section 1547.52 of the Revised Code is guilty of a misdemeanor of	23903
the fourth degree.	23904

(G) Whoever violates section 1547.11 of the Revised Code is	23905
guilty of a misdemeanor of the first degree and shall be punished	23906
as provided in division (G)(1), (2), or (3) of this section.	23907

(1) Except as otherwise provided in division (G)(2) or (3) of	23908
this section, the court shall sentence the offender to a jail term	23909
of three consecutive days and may sentence the offender pursuant	23910
to section 2929.24 of the Revised Code to a longer jail term. In	23911
addition, the court shall impose upon the offender a fine of not	23912
less than one hundred fifty nor more than one thousand dollars.	23913

The court may suspend the execution of the mandatory jail	23914
term of three consecutive days that it is required to impose by	23915
division (G)(1) of this section if the court, in lieu of the	23916
suspended jail term, places the offender under a community control	23917
sanction pursuant to section 2929.25 of the Revised Code and	23918
requires the offender to attend, for three consecutive days, a	23919
drivers' intervention program that is certified pursuant to	23920
section ~~3793.10~~5119.38 of the Revised Code. The court also may	23921
suspend the execution of any part of the mandatory jail term of	23922
three consecutive days that it is required to impose by division	23923
(G)(1) of this section if the court places the offender under a	23924
community control sanction pursuant to section 2929.25 of the	23925
Revised Code for part of the three consecutive days; requires the	23926
offender to attend, for that part of the three consecutive days, a	23927
drivers' intervention program that is certified pursuant to	23928
section ~~3793.10~~5119.38 of the Revised Code; and sentences the	23929
offender to a jail term equal to the remainder of the three	23930
consecutive days that the offender does not spend attending the	23931
drivers' intervention program. The court may require the offender,	23932
as a condition of community control, to attend and satisfactorily	23933
complete any treatment or education programs, in addition to the	23934
required attendance at a drivers' intervention program, that the	23935
operators of the drivers' intervention program determine that the	23936
offender should attend and to report periodically to the court on	23937
the offender's progress in the programs. The court also may impose	23938
any other conditions of community control on the offender that it	23939
considers necessary.	23940

(2) If, within six years of the offense, the offender has	23941
been convicted of or pleaded guilty to one violation of section	23942
1547.11 of the Revised Code or one other equivalent offense, the	23943
court shall sentence the offender to a jail term of ten	23944
consecutive days and may sentence the offender pursuant to section	23945
2929.24 of the Revised Code to a longer jail term. In addition,	23946
the court shall impose upon the offender a fine of not less than	23947
one hundred fifty nor more than one thousand dollars.	23948

In addition to any other sentence that it imposes upon the	23949
offender, the court may require the offender to attend a drivers'	23950
intervention program that is certified pursuant to section ~~3793.10~~	23951
5119.38 of the Revised Code.	23952

(3) If, within six years of the offense, the offender has	23953
been convicted of or pleaded guilty to more than one violation or	23954
offense identified in division (G)(2) of this section, the court	23955
shall sentence the offender to a jail term of thirty consecutive	23956
days and may sentence the offender to a longer jail term of not	23957
more than one year. In addition, the court shall impose upon the	23958
offender a fine of not less than one hundred fifty nor more than	23959
one thousand dollars.	23960

In addition to any other sentence that it imposes upon the	23961
offender, the court may require the offender to attend a drivers'	23962
intervention program that is certified pursuant to section ~~3793.10~~	23963
5119.38 of the Revised Code.	23964

(4) Upon a showing that serving a jail term would seriously	23965
affect the ability of an offender sentenced pursuant to division	23966
(G)(1), (2), or (3) of this section to continue the offender's	23967
employment, the court may authorize that the offender be granted	23968
work release after the offender has served the mandatory jail term	23969
of three, ten, or thirty consecutive days that the court is	23970
required by division (G)(1), (2), or (3) of this section to	23971
impose. No court shall authorize work release during the mandatory	23972
jail term of three, ten, or thirty consecutive days that the court	23973
is required by division (G)(1), (2), or (3) of this section to	23974
impose. The duration of the work release shall not exceed the time	23975
necessary each day for the offender to commute to and from the	23976
place of employment and the place in which the jail term is served	23977
and the time actually spent under employment.	23978

(5) Notwithstanding any section of the Revised Code that	23979
authorizes the suspension of the imposition or execution of a	23980
sentence or the placement of an offender in any treatment program	23981
in lieu of being imprisoned or serving a jail term, no court shall	23982
suspend the mandatory jail term of ten or thirty consecutive days	23983
required to be imposed by division (G)(2) or (3) of this section	23984
or place an offender who is sentenced pursuant to division (G)(2)	23985
or (3) of this section in any treatment program in lieu of being	23986
imprisoned or serving a jail term until after the offender has	23987
served the mandatory jail term of ten or thirty consecutive days	23988
required to be imposed pursuant to division (G)(2) or (3) of this	23989
section. Notwithstanding any section of the Revised Code that	23990
authorizes the suspension of the imposition or execution of a	23991
sentence or the placement of an offender in any treatment program	23992
in lieu of being imprisoned or serving a jail term, no court,	23993
except as specifically authorized by division (G)(1) of this	23994
section, shall suspend the mandatory jail term of three	23995
consecutive days required to be imposed by division (G)(1) of this	23996
section or place an offender who is sentenced pursuant to division	23997
(G)(1) of this section in any treatment program in lieu of	23998
imprisonment until after the offender has served the mandatory	23999
jail term of three consecutive days required to be imposed	24000
pursuant to division (G)(1) of this section.	24001

(6) As used in division (G) of this section:

24002

(a) "Equivalent offense" has the same meaning as in section	24003
4511.181 of the Revised Code.	24004

(b) "Jail term" and "mandatory jail term" have the same	24005
meanings as in section 2929.01 of the Revised Code.	24006

(H) Whoever violates section 1547.304 of the Revised Code is	24007
guilty of a misdemeanor of the fourth degree and also shall be	24008
assessed any costs incurred by the state or a county, township,	24009
municipal corporation, or other political subdivision in disposing	24010
of an abandoned junk vessel or outboard motor, less any money	24011
accruing to the state, county, township, municipal corporation, or	24012
other political subdivision from that disposal.	24013

(I) Whoever violates division (B) or (C) of section 1547.49	24014
of the Revised Code is guilty of a minor misdemeanor.	24015

(J) Whoever violates section 1547.31 of the Revised Code is	24016
guilty of a misdemeanor of the fourth degree on a first offense.	24017
On each subsequent offense, the person is guilty of a misdemeanor	24018
of the third degree.	24019

(K) Whoever violates section 1547.05 or 1547.051 of the	24020
Revised Code is guilty of a misdemeanor of the fourth degree if	24021
the violation is not related to a collision, injury to a person,	24022
or damage to property and a misdemeanor of the third degree if the	24023
violation is related to a collision, injury to a person, or damage	24024
to property.	24025

(L) The sentencing court, in addition to the penalty provided	24026
under this section for a violation of this chapter or a rule	24027
adopted under it that involves a powercraft powered by more than	24028
ten horsepower and that, in the opinion of the court, involves a	24029
threat to the safety of persons or property, shall order the	24030
offender to complete successfully a boating course approved by the	24031
national association of state boating law administrators before	24032
the offender is allowed to operate a powercraft powered by more	24033
than ten horsepower on the waters in this state. Violation of a	24034
court order entered under this division is punishable as contempt	24035
under Chapter 2705. of the Revised Code.	24036

Sec. 1551.33. (A) The director of development services shall	24037
appoint and fix the compensation of the director of the Ohio coal	24038
development office. The director shall serve at the pleasure of	24039
the director of development services.	24040

(B) The director of the office shall do all of the following:

24041

(1) Biennially prepare and maintain the Ohio coal development	24042
agenda required under section 1551.34 of the Revised Code;	24043

(2) Propose and support policies for the office consistent	24044
with the Ohio coal development agenda and develop means to	24045
implement the agenda;	24046

(3) Initiate, undertake, and support projects to carry out	24047
the office's purposes and ensure that the projects are consistent	24048
with and meet the selection criteria established by the Ohio coal	24049
development agenda;	24050

(4) Actively encourage joint participation in and, when	24051
feasible, joint funding of the office's projects with governmental	24052
agencies, electric utilities, universities and colleges, other	24053
public or private interests, or any other person;	24054

(5) Establish a table of organization for and employ such	24055
employees and agents as are necessary for the administration and	24056
operation of the office. Any such employees shall be in the	24057
unclassified service and shall serve at the pleasure of the	24058
director of development services.	24059

(6) ~~Appoint specified members of and convene~~Convene the	24060
technical advisory committee established under section 1551.35 of	24061
the Revised Code;	24062

(7) Review, with the assistance of the technical advisory	24063
committee, proposed coal research and development projects as	24064
defined in section 1555.01 of the Revised Code, and coal	24065
development projects, submitted to the office by public utilities	24066
for the purpose of section 4905.304 of the Revised Code. If the	24067
director and the advisory committee determine that any such	24068
facility or project has as its purpose the enhanced use of Ohio	24069
coal in an environmentally acceptable, cost effective manner,	24070
promotes energy conservation, is cost effective, and is	24071
environmentally sound, the director shall submit to the public	24072
utilities commission a report recommending that the commission	24073
allow the recovery of costs associated with the facility or	24074
project under section 4905.304 of the Revised Code and including	24075
the reasons for the recommendation.	24076

(8) Establish such policies, procedures, and guidelines as	24077
are necessary to achieve the office's purposes.	24078

(C) With the approval of the director of development	24079
services, the director of the office may exercise any of the	24080
powers and duties that the director of development services	24081
considers appropriate or desirable to achieve the office's	24082
purposes, including, but not limited to, the powers and duties	24083
enumerated in sections 1551.11, 1551.12, and 1551.15 of the	24084
Revised Code.	24085

Additionally, the director of the office may make loans to	24086
governmental agencies or persons for projects to carry out the	24087
office's purposes. Fees, charges, rates of interest, times of	24088
payment of interest and principal, and other terms, conditions,	24089
and provisions of the loans shall be such as the director of the	24090
office determines to be appropriate and in furtherance of the	24091
purposes for which the loans are made. The mortgage lien securing	24092
any moneys lent by the director of the office may be subordinate	24093
to the mortgage lien securing any moneys lent or invested by a	24094
financial institution, but shall be superior to that securing any	24095
moneys lent or expended by any other person. The moneys used in	24096
making the loans shall be disbursed upon order of the director of	24097
the office.	24098

Sec. 1551.35. (A) There is hereby established a technical	24099
advisory committee to assist the director of the Ohio coal	24100
development office in achieving the office's purposes. The	24101
director of development services shall appoint to the committee	24102
one member of the public utilities commission and one	24103
representative each of coal production companies, the united mine	24104
workers of America, electric utilities, manufacturers that use	24105
Ohio coal, and environmental organizations, as well as two people	24106
with a background in coal research and development technology, one	24107
of whom is employed at the time of the member's appointment by a	24108
state university, as defined in section 3345.011 of the Revised	24109
Code. In addition, the committee shall include four legislative	24110
members. The speaker and minority leader of the house of	24111
representatives each shall appoint one member of the house of	24112
representatives, and the president and minority leader of the	24113
senate each shall appoint one member of the senate, to the	24114
committee. The director of environmental protection shall serve on	24115
the committee as an ex officio member. Any member of the committee	24116
may designate in writing a substitute to serve in the member's	24117
absence on the committee. The director of environmental protection	24118
may designate in writing the chief of the air pollution control	24119
division of the agency to represent the agency. Members shall	24120
serve on the committee at the pleasure of their appointing	24121
authority. Members of the committee appointed by the director of	24122
~~the office~~development services and, notwithstanding section	24123
101.26 of the Revised Code, legislative members of the committee,	24124
when engaged in their official duties as members of the committee,	24125
shall be compensated on a per diem basis in accordance with	24126
division (J) of section 124.15 of the Revised Code, except that	24127
the member of the public utilities commission and, while employed	24128
by a state university, the member with a background in coal	24129
research, shall not be so compensated. Members shall receive their	24130
actual and necessary expenses incurred in the performance of their	24131
duties.	24132

(B) The technical advisory committee shall review and make	24133
recommendations concerning the Ohio coal development agenda	24134
required under section 1551.34 of the Revised Code, project	24135
proposals, research and development projects submitted to the	24136
office by public utilities for the purpose of section 4905.304 of	24137
the Revised Code, proposals for grants, loans, and loan guarantees	24138
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	24139
and such other topics as the director of the office considers	24140
appropriate.	24141

(C) The technical advisory committee may hold an executive	24142
session at any regular or special meeting for the purpose of	24143
considering research and development project proposals or	24144
applications for assistance submitted to the Ohio coal development	24145
office under section 1551.33, or sections 1555.01 to 1555.06, of	24146
the Revised Code, to the extent that the proposals or applications	24147
consist of trade secrets or other proprietary information.	24148

Any materials or data submitted to, made available to, or	24149
received by the ~~department of~~ development services agency or the	24150
director of the Ohio coal development office in connection with	24151
agreements for assistance entered into under this chapter or	24152
Chapter 1555. of the Revised Code, or any information taken from	24153
those materials or data for any purpose, to the extent that the	24154
materials or data consist of trade secrets or other proprietary	24155
information, are not public records for the purposes of section	24156
149.43 of the Revised Code.	24157

As used in this division, "trade secrets" has the same	24158
meaning as in section 1333.61 of the Revised Code.	24159

Sec. 1555.15. There is hereby created in the state treasury	24160
the coal research and development fund. Moneys obtained for coal	24161
research and development projects from federal grants or loans,	24162
private grants, and other sources, and moneys paid into the fund	24163
pursuant to section 151.07 or 1555.08 of the Revised Code, shall	24164
be expended for the purpose of making grants and making or	24165
guaranteeing loans for coal research and development projects that	24166
will encourage the use of Ohio coal, to any individual,	24167
association, or corporation doing business in this state, or to	24168
any educational or scientific institution located in this state as	24169
provided for in Section 15 of Article VIII, Ohio Constitution and	24170
section 1555.08 of the Revised Code, when appropriated for such	24171
purposes by the general assembly. All investment earnings on the	24172
cash balance in the fund shall be credited to the fund.	24173

The director of budget and management shall establish and	24174
maintain records or accounts for or within the coal research and	24175
development fund in such manner as to show the amounts credited to	24176
such fund pursuant to section 1555.08 of the Revised Code and that	24177
the amounts so credited have been expended for the purposes set	24178
forth in Section 15 of Article VIII, Ohio Constitution, and	24179
section 151.07 of the Revised Code. The director of budget and	24180
management may otherwise manage the fund to comply with any	24181
requirements established by federal grants or loans, private	24182
grants, or moneys from other sources.	24183

Sec. 1701.86. (A) A corporation may be dissolved voluntarily	24184
in the manner provided in this section, provided the provisions of	24185
Chapter 1704. of the Revised Code do not prevent the dissolution	24186
from being effected.	24187

(B) A resolution of dissolution for a corporation shall set	24188
forth that the corporation elects to be dissolved. The resolution	24189
also may include any of the following:	24190

(1) The date on which the certificate of dissolution is to be	24191
filed or the conditions or events that will result in the filing	24192
of the certificate;	24193

(2) Authorization for the officers or directors to abandon	24194
the proposed dissolution before the filing of the certificate of	24195
dissolution;	24196

(3) Any additional provision considered necessary with	24197
respect to the proposed dissolution and winding up.	24198

(C) If an initial stated capital is not set forth in the	24199
articles then before the corporation begins business, or if an	24200
initial stated capital is set forth in the articles then before	24201
subscriptions to shares shall have been received in the amount of	24202
that initial stated capital, the incorporators or a majority of	24203
them may adopt, by a writing signed by each of them, a resolution	24204
of dissolution.	24205

(D) The directors may adopt a resolution of dissolution in	24206
any of the following cases:	24207

(1) When the corporation has been adjudged bankrupt or has	24208
made a general assignment for the benefit of creditors;	24209

(2) By leave of the court, when a receiver has been appointed	24210
in a general creditors' suit or in any suit in which the affairs	24211
of the corporation are to be wound up;	24212

(3) When substantially all of the assets have been sold at	24213
judicial sale or otherwise;	24214

(4) When the articles have been canceled for failure to file	24215
annual franchise or excise tax returns or for failure to pay	24216
franchise or excise taxes and the corporation has not been	24217
reinstated or does not desire to be reinstated;	24218

(5) When the period of existence of the corporation specified	24219
in its articles has expired.	24220

(E) The shareholders at a meeting held for such purpose may	24221
adopt a resolution of dissolution by the affirmative vote of the	24222
holders of shares entitling them to exercise two-thirds of the	24223
voting power of the corporation on such proposal or, if the	24224
articles provide or permit, by the affirmative vote of a greater	24225
or lesser proportion, though not less than a majority, of such	24226
voting power, and by such affirmative vote of the holders of	24227
shares of any particular class as is required by the articles.	24228
Notice of the meeting of the shareholders shall be given to all	24229
the shareholders whether or not entitled to vote at it.	24230

(F) Upon the adoption of a resolution of dissolution, a	24231
certificate shall be prepared, on a form prescribed by the	24232
secretary of state, setting forth all of the following:	24233

(1) The name of the corporation;

24234

(2) A statement that a resolution of dissolution has been	24235
adopted;	24236

(3) A statement of the manner of adoption of such resolution,	24237
and, in the case of its adoption by the incorporators or	24238
directors, a statement of the basis for such adoption;	24239

(4) The place in this state where its principal office is or	24240
is to be located;	24241

(5) The internet address of each domain name held or	24242
maintained by or on behalf of the corporation;	24243

(6) The name and address of its statutory agent;

24244

(7) The date of dissolution, if other than the filing date.	24245
The date of dissolution shall not be more than ninety days after	24246
the filing of the certificate of dissolution.	24247

(G) When the resolution of dissolution is adopted by the	24248
incorporators, the certificate shall be signed by not less than a	24249
majority of them. In all other cases, the certificate shall be	24250
signed by any authorized officer, unless the officer fails to	24251
execute and file such certificate within thirty days after the	24252
date upon which such certificate is to be filed. In that latter	24253
event, the certificate of dissolution may be signed by any three	24254
shareholders or, if there are less than three shareholders, all of	24255
the shareholders and shall set forth a statement that the persons	24256
signing the certificate are shareholders and are filing the	24257
certificate because of the failure of the officers to do so.	24258

(H) Except as otherwise provided in division (I) of this	24259
section, a certificate of dissolution, filed with the secretary of	24260
state, shall be accompanied by all of the following:	24261

(1) An affidavit of one or more of the persons executing the	24262
certificate of dissolution or of an officer of the corporation	24263
containing a statement of the counties, if any, in this state in	24264
which the corporation has personal property or a statement that	24265
the corporation is of a type required to pay personal property	24266
taxes to state authorities only;	24267

(2) A certificate or other evidence from the department of	24268
taxation showing that the corporation has paid all taxes	24269
administered by and required to be paid to the tax commissioner	24270
that are or will be due from the corporation on the date of the	24271
dissolution or an affidavit of one or more of the persons	24272
executing the certificate of dissolution or of an officer of the	24273
corporation containing a statement that the corporation is not	24274
required to pay or the department of taxation has not assessed any	24275
tax for which such a certificate or other evidence is not	24276
provided;	24277

(3) A certificate or other evidence showing the payment of	24278
all personal property taxes accruing up to the date of dissolution	24279
or showing that such payment has been adequately guaranteed, or an	24280
affidavit of one or more of the persons executing the certificate	24281
of dissolution or of an officer of the corporation containing a	24282
statement that the corporation is not required to pay or the	24283
department of taxation has not assessed any tax for which such a	24284
certificate or other evidence is not provided;	24285

(4) A receipt, certificate, or other evidence from the	24286
director of job and family services showing that all contributions	24287
due from the corporation as an employer have been paid, or that	24288
such payment has been adequately guaranteed, or that the	24289
corporation is not subject to such contributions;	24290

(5) A receipt, certificate, or other evidence from the bureau	24291
of workers' compensation showing that all premiums due from the	24292
corporation as an employer have been paid, or that such payment	24293
has been adequately guaranteed, or that the corporation is not	24294
subject to such premium payments.	24295

(I) In lieu of the receipt, certificate, or other evidence	24296
described in division (H)(2), (3), (4), or (5) of this section, a	24297
certificate of dissolution may be accompanied by an affidavit, in	24298
a form prescribed by the secretary of state, of one or more	24299
persons executing the certificate of dissolution or of an officer	24300
of the corporation containing a statement of the date upon which	24301
the particular department, agency, or authority was advised in	24302
writing of the scheduled effective date of the dissolution and was	24303
advised in writing of the acknowledgment by the corporation of the	24304
applicability of the provisions of section 1701.95 of the Revised	24305
Code.	24306

(J) Upon the filing of a certificate of dissolution and such	24307
accompanying documents, the secretary of state shall notify all	24308
state agencies, in a manner agreed to by the agencies, of the	24309
filing and shall notify the department of taxation, bureau of	24310
workers' compensation, and department of job and family services	24311
directly of the filing on a weekly basis. The state agencies shall	24312
have thirty days from receipt of notification by the secretary of	24313
state to notify the secretary of state whether the corporation has	24314
any outstanding liabilities. Upon the later of thirty days after	24315
the state agencies received the notification, verification by the	24316
applicable state agencies that the corporation has no outstanding	24317
liabilities, or on a later date specified in the certificate that	24318
is not more than ninety days after the filing, the corporation	24319
shall be dissolved.	24320

Sec. 1701.922. (A) Except as otherwise provided in this	24321
division, upon reinstatement of a corporation's or professional	24322
association's articles of incorporation in accordance with section	24323
1701.07, 1785.06, 5703.93, or 5733.22 of the Revised Code, the	24324
rights, privileges, and franchises, including all real or personal	24325
property rights and credits and all contract and other rights, of	24326
the corporation or association existing at the time its articles	24327
of incorporation were canceled shall be fully vested in the	24328
corporation or association as if the articles had not been	24329
canceled, and the corporation or association shall again be	24330
entitled to exercise the rights, privileges, and franchises	24331
authorized by its articles of incorporation. The name of a	24332
corporation whose articles have been canceled shall be reserved	24333
for a period of one year after the date of cancellation. If the	24334
reinstatement is not made within one year after the date of the	24335
cancellation of its articles of incorporation and it appears that	24336
a corporate name, limited liability company name, limited	24337
liability partnership name, limited partnership name, or trade	24338
name has been filed, the name of which is not distinguishable upon	24339
the record as provided in section 1701.05 of the Revised Code, the	24340
secretary of state shall require the applicant for reinstatement,	24341
as a condition prerequisite to such reinstatement, to amend its	24342
articles by changing its name.	24343

(B) Upon reinstatement of a corporation's or association's	24344
articles in accordance with section 1701.07, 1785.06, 5703.93, or	24345
5733.22 of the Revised Code, both of the following apply to the	24346
exercise of or an attempt to exercise any rights, privileges, or	24347
franchises, including entering into or performing any contracts,	24348
on behalf of the corporation or association by an officer, agent,	24349
or employee of the corporation or association, after cancellation	24350
and prior to reinstatement of the articles of incorporation:	24351

(1) The exercise of or an attempt to exercise any rights,	24352
privileges, or franchises on behalf of the corporation or	24353
association by the officer, agent, or employee of the corporation	24354
or association has the same force and effect that the exercise of	24355
or an attempt to exercise the right, privilege, or franchise would	24356
have had if the corporation's or association's articles had not	24357
been canceled, if both of the following apply:	24358

(a) The exercise of or an attempt to exercise the right,	24359
privilege, or franchise was within the scope of the corporation's	24360
or association's articles of incorporation that existed prior to	24361
cancellation;	24362

(b) The officer, agent, or employee had no knowledge that the	24363
corporation's or association's articles of incorporation had been	24364
canceled.	24365

(2) The corporation or association is liable exclusively for	24366
the exercise of or an attempt to exercise any rights, privileges,	24367
or franchises on behalf of the corporation or association by an	24368
officer, agent, or employee of the corporation or association, if	24369
the conditions set forth in divisions (B)(1)(a) and (b) of this	24370
section are met.	24371

(C) Upon reinstatement of a corporation's or association's	24372
articles of incorporation in accordance with section 1701.07,	24373
1785.06, 5703.93, or 5733.22 of the Revised Code, the exercise of	24374
or an attempt to exercise any rights, privileges, or franchises on	24375
behalf of the corporation or association by an officer, agent, or	24376
employee of the corporation or association, after cancellation and	24377
prior to reinstatement of the articles of incorporation, does not	24378
constitute a failure to comply with division (A) of section	24379
1701.88 or a violation of section 1701.97 of the Revised Code, if	24380
the conditions set forth in divisions (B)(1)(a) and (b) of this	24381
section are met.	24382

(D) This section is remedial in nature and is to be construed	24383
liberally to accomplish the purpose of providing full	24384
reinstatement of a corporation's or association's articles of	24385
incorporation retroactive, in accordance with this section, to the	24386
time of the cancellation of the articles.	24387

Sec. 1703.29. (A) The failure of any corporation to obtain a	24388
license under sections 1703.01 to 1703.31~~, inclusive,~~ of the	24389
Revised Code, does not affect the validity of any contract with	24390
such corporation, but no foreign corporation ~~which~~that should	24391
have obtained such license shall maintain any action in any court	24392
until it has obtained such license. Before any such corporation	24393
shall maintain such action on any cause of action arising at the	24394
time when it was not licensed to transact business in this state,	24395
it shall pay to the secretary of state a forfeiture of two hundred	24396
fifty dollars and file in ~~his~~the secretary of state's office the	24397
papers required by divisions (B) or (C) of this section, whichever	24398
is applicable.	24399

(B) If such corporation has not been previously licensed to	24400
do business in this state or if its license has been surrendered	24401
it shall file as required by division (A) of this section:	24402

(1) Its application for a license certificate, together with	24403
the filing fee, with such information as the secretary of state	24404
requires as to the time it began to transact business in this	24405
state and as to the number of its issued shares represented in	24406
this state, and with the license fees on its shares represented in	24407
this state plus a forfeiture of fifteen per cent thereon.	24408

(2) A certificate from the tax commissioner that the	24409
corporation has paid all ~~franchise~~ taxes ~~which~~that it should have	24410
paid had it qualified to do business in this state at the time it	24411
began to do so, plus any penalties assessable on said taxes on	24412
account of failure to pay them within the time prescribed by law,	24413
or a certificate of the commissioner that the corporation has	24414
furnished security satisfactory to the commissioner for the	24415
payment of all such ~~franchise~~ taxes and penalties.	24416

(C) If such corporation has been previously licensed to	24417
transact business in this state and its license has expired or has	24418
been canceled by the secretary of state upon order of the	24419
commissioner, or for failure to designate an agent for service of	24420
process, it shall file with the secretary of state its application	24421
for reinstatement, as provided by law, together with the proper	24422
reinstatement fee plus a forfeiture of fifteen per cent thereon.	24423

Upon the filing of such application and payment of such fees	24424
and penalties or forfeitures, the secretary of state shall issue	24425
to such corporation a license certificate.	24426

Sec. 1739.061. (A)(1) This section applies to both of the	24427
following:	24428

(a) A multiple employer welfare arrangement that issues or	24429
requires the use of a standardized identification card or an	24430
electronic technology for submission and routing of prescription	24431
drug claims;	24432

(b) A person or entity that a multiple employer welfare	24433
arrangement contracts with to issue a standardized identification	24434
card or an electronic technology described in division (A)(1)(a)	24435
of this section.	24436

(2) Notwithstanding division (A)(1) of this section, this	24437
section does not apply to the issuance or required use of a	24438
standardized identification card or an electronic technology for	24439
the submission and routing of prescription drug claims in	24440
connection with any of the following:	24441

(a) Any program or arrangement covering only accident,	24442
credit, dental, disability income, long-term care, hospital	24443
indemnity, medicare supplement, medicare, tricare, specified	24444
disease, or vision care; coverage under a	24445
one-time-limited-duration policy of not longer than six months;	24446
coverage issued as a supplement to liability insurance; insurance	24447
arising out of workers' compensation or similar law; automobile	24448
medical payment insurance; or insurance under which benefits are	24449
payable with or without regard to fault and which is statutorily	24450
required to be contained in any liability insurance policy or	24451
equivalent self-insurance.	24452

(b) Coverage provided under the medicaid~~, as defined in~~	24453
~~section 5111.01 of the Revised Code~~program.	24454

(c) Coverage provided under an employer's self-insurance plan	24455
or by any of its administrators, as defined in section 3959.01 of	24456
the Revised Code, to the extent that federal law supersedes,	24457
preempts, prohibits, or otherwise precludes the application of	24458
this section to the plan and its administrators.	24459

(B) A standardized identification card or an electronic	24460
technology issued or required to be used as provided in division	24461
(A)(1) of this section shall contain uniform prescription drug	24462
information in accordance with either division (B)(1) or (2) of	24463
this section.	24464

(1) The standardized identification card or the electronic	24465
technology shall be in a format and contain information fields	24466
approved by the national council for prescription drug programs or	24467
a successor organization, as specified in the council's or	24468
successor organization's pharmacy identification card	24469
implementation guide in effect on the first day of October most	24470
immediately preceding the issuance or required use of the	24471
standardized identification card or the electronic technology.	24472

(2) If the multiple employer welfare arrangement or person	24473
under contract with it to issue a standardized identification card	24474
or an electronic technology requires the information for the	24475
submission and routing of a claim, the standardized identification	24476
card or the electronic technology shall contain any of the	24477
following information:	24478

(a) The name of the multiple employer welfare arrangement;

24479

(b) The individual's name, group number, and identification	24480
number;	24481

(c) A telephone number to inquire about pharmacy-related	24482
issues;	24483

(d) The issuer's international identification number, labeled	24484
as "ANSI BIN" or "RxBIN";	24485

(e) The processor's control number, labeled as "RxPCN";

24486

(f) The individual's pharmacy benefits group number if	24487
different from the insured's medical group number, labeled as	24488
"RxGrp."	24489

(C) If the standardized identification card or the electronic	24490
technology issued or required to be used as provided in division	24491
(A)(1) of this section is also used for submission and routing of	24492
nonpharmacy claims, the designation "Rx" is required to be	24493
included as part of the labels identified in divisions (B)(2)(d)	24494
and (e) of this section if the issuer's international	24495
identification number or the processor's control number is	24496
different for medical and pharmacy claims.	24497

(D) Each multiple employer welfare arrangement described in	24498
division (A) of this section shall annually file a certificate	24499
with the superintendent of insurance certifying that it or any	24500
person it contracts with to issue a standardized identification	24501
card or electronic technology for submission and routing of	24502
prescription drug claims complies with this section.	24503

(E)(1) Except as provided in division (E)(2) of this section,	24504
if there is a change in the information contained in the	24505
standardized identification card or the electronic technology	24506
issued to an individual, the multiple employer welfare arrangement	24507
or person under contract with it to issue a standardized	24508
identification card or an electronic technology shall issue a new	24509
card or electronic technology to the individual.	24510

(2) A multiple employer welfare arrangement or person under	24511
contract with it is not required under division (E)(1) of this	24512
section to issue a new card or electronic technology to an	24513
individual more than once during a twelve-month period.	24514

(F) Nothing in this section shall be construed as requiring a	24515
multiple employer welfare arrangement to produce more than one	24516
standardized identification card or one electronic technology for	24517
use by individuals accessing health care benefits provided under a	24518
multiple employer welfare arrangement.	24519

Sec. 1751.01. As used in this chapter:

24520

(A)(1) "Basic health care services" means the following	24521
services when medically necessary:	24522

(a) Physician's services, except when such services are	24523
supplemental under division (B) of this section;	24524

(b) Inpatient hospital services;

24525

24526

(d) Emergency health services;

24527

(e) Urgent care services;

24528

(f) Diagnostic laboratory services and diagnostic and	24529
therapeutic radiologic services;	24530

(g) Diagnostic and treatment services, other than	24531
prescription drug services, for biologically based mental	24532
illnesses;	24533

(h) Preventive health care services, including, but not	24534
limited to, voluntary family planning services, infertility	24535
services, periodic physical examinations, prenatal obstetrical	24536
care, and well-child care;	24537

(i) Routine patient care for patients enrolled in an eligible	24538
cancer clinical trial pursuant to section 3923.80 of the Revised	24539
Code.	24540

"Basic health care services" does not include experimental	24541
procedures.	24542

Except as provided by divisions (A)(2) and (3) of this	24543
section in connection with the offering of coverage for diagnostic	24544
and treatment services for biologically based mental illnesses, a	24545
health insuring corporation shall not offer coverage for a health	24546
care service, defined as a basic health care service by this	24547
division, unless it offers coverage for all listed basic health	24548
care services. However, this requirement does not apply to the	24549
coverage of beneficiaries enrolled in medicare pursuant to a	24550
medicare contract, or to the coverage of beneficiaries enrolled in	24551
the federal employee health benefits program pursuant to 5	24552
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to	24553
the coverage of beneficiaries under any federal health care	24554
program regulated by a federal regulatory body, or to the coverage	24555
of beneficiaries under any contract covering officers or employees	24556
of the state that has been entered into by the department of	24557
administrative services.	24558

(2) A health insuring corporation may offer coverage for	24559
diagnostic and treatment services for biologically based mental	24560
illnesses without offering coverage for all other basic health	24561
care services. A health insuring corporation may offer coverage	24562
for diagnostic and treatment services for biologically based	24563
mental illnesses alone or in combination with one or more	24564
supplemental health care services. However, a health insuring	24565
corporation that offers coverage for any other basic health care	24566
service shall offer coverage for diagnostic and treatment services	24567
for biologically based mental illnesses in combination with the	24568
offer of coverage for all other listed basic health care services.	24569

(3) A health insuring corporation that offers coverage for	24570
basic health care services is not required to offer coverage for	24571
diagnostic and treatment services for biologically based mental	24572
illnesses in combination with the offer of coverage for all other	24573
listed basic health care services if all of the following apply:	24574

(a) The health insuring corporation submits documentation	24575
certified by an independent member of the American academy of	24576
actuaries to the superintendent of insurance showing that incurred	24577
claims for diagnostic and treatment services for biologically	24578
based mental illnesses for a period of at least six months	24579
independently caused the health insuring corporation's costs for	24580
claims and administrative expenses for the coverage of basic	24581
health care services to increase by more than one per cent per	24582
year.	24583

(b) The health insuring corporation submits a signed letter	24584
from an independent member of the American academy of actuaries to	24585
the superintendent of insurance opining that the increase in costs	24586
described in division (A)(3)(a) of this section could reasonably	24587
justify an increase of more than one per cent in the annual	24588
premiums or rates charged by the health insuring corporation for	24589
the coverage of basic health care services.	24590

(c) The superintendent of insurance makes the following	24591
determinations from the documentation and opinion submitted	24592
pursuant to divisions (A)(3)(a) and (b) of this section:	24593

(i) Incurred claims for diagnostic and treatment services for	24594
biologically based mental illnesses for a period of at least six	24595
months independently caused the health insuring corporation's	24596
costs for claims and administrative expenses for the coverage of	24597
basic health care services to increase by more than one per cent	24598
per year.	24599

(ii) The increase in costs reasonably justifies an increase	24600
of more than one per cent in the annual premiums or rates charged	24601
by the health insuring corporation for the coverage of basic	24602
health care services.	24603

Any determination made by the superintendent under this	24604
division is subject to Chapter 119. of the Revised Code.	24605

(B)(1) "Supplemental health care services" means any health	24606
care services other than basic health care services that a health	24607
insuring corporation may offer, alone or in combination with	24608
either basic health care services or other supplemental health	24609
care services, and includes:	24610

(a) Services of facilities for intermediate or long-term	24611
care, or both;	24612

(b) Dental care services;

24613

(c) Vision care and optometric services including lenses and	24614
frames;	24615

(d) Podiatric care or foot care services;

24616

(e) Mental health services, excluding diagnostic and	24617
treatment services for biologically based mental illnesses;	24618

(f) Short-term outpatient evaluative and crisis-intervention	24619
mental health services;	24620

(g) Medical or psychological treatment and referral services	24621
for alcohol and drug abuse or addiction;	24622

(h) Home health services;

24623

(i) Prescription drug services;

24624

(j) Nursing services;

24625

(k) Services of a dietitian licensed under Chapter 4759. of	24626
the Revised Code;	24627

(l) Physical therapy services;

24628

(m) Chiropractic services;

24629

(n) Any other category of services approved by the	24630
superintendent of insurance.	24631

(2) If a health insuring corporation offers prescription drug	24632
services under this division, the coverage shall include	24633
prescription drug services for the treatment of biologically based	24634
mental illnesses on the same terms and conditions as other	24635
physical diseases and disorders.	24636

(C) "Specialty health care services" means one of the	24637
supplemental health care services listed in division (B) of this	24638
section, when provided by a health insuring corporation on an	24639
outpatient-only basis and not in combination with other	24640
supplemental health care services.	24641

(D) "Biologically based mental illnesses" means	24642
schizophrenia, schizoaffective disorder, major depressive	24643
disorder, bipolar disorder, paranoia and other psychotic	24644
disorders, obsessive-compulsive disorder, and panic disorder, as	24645
these terms are defined in the most recent edition of the	24646
diagnostic and statistical manual of mental disorders published by	24647
the American psychiatric association.	24648

(E) "Closed panel plan" means a health care plan that	24649
requires enrollees to use participating providers.	24650

(F) "Compensation" means remuneration for the provision of	24651
health care services, determined on other than a fee-for-service	24652
or discounted-fee-for-service basis.	24653

(G) "Contractual periodic prepayment" means the formula for	24654
determining the premium rate for all subscribers of a health	24655
insuring corporation.	24656

(H) "Corporation" means a corporation formed under Chapter	24657
1701. or 1702. of the Revised Code or the similar laws of another	24658
state.	24659

(I) "Emergency health services" means those health care	24660
services that must be available on a seven-days-per-week,	24661
twenty-four-hours-per-day basis in order to prevent jeopardy to an	24662
enrollee's health status that would occur if such services were	24663
not received as soon as possible, and includes, where appropriate,	24664
provisions for transportation and indemnity payments or service	24665
agreements for out-of-area coverage.	24666

(J) "Enrollee" means any natural person who is entitled to	24667
receive health care benefits provided by a health insuring	24668
corporation.	24669

(K) "Evidence of coverage" means any certificate, agreement,	24670
policy, or contract issued to a subscriber that sets out the	24671
coverage and other rights to which such person is entitled under a	24672
health care plan.	24673

(L) "Health care facility" means any facility, except a	24674
health care practitioner's office, that provides preventive,	24675
diagnostic, therapeutic, acute convalescent, rehabilitation,	24676
mental health, mental retardation, intermediate care, or skilled	24677
nursing services.	24678

(M) "Health care services" means basic, supplemental, and	24679
specialty health care services.	24680

(N) "Health delivery network" means any group of providers or	24681
health care facilities, or both, or any representative thereof,	24682
that have entered into an agreement to offer health care services	24683
in a panel rather than on an individual basis.	24684

(O) "Health insuring corporation" means a corporation, as	24685
defined in division (H) of this section, that, pursuant to a	24686
policy, contract, certificate, or agreement, pays for, reimburses,	24687
or provides, delivers, arranges for, or otherwise makes available,	24688
basic health care services, supplemental health care services, or	24689
specialty health care services, or a combination of basic health	24690
care services and either supplemental health care services or	24691
specialty health care services, through either an open panel plan	24692
or a closed panel plan.	24693

"Health insuring corporation" does not include a limited	24694
liability company formed pursuant to Chapter 1705. of the Revised	24695
Code, an insurer licensed under Title XXXIX of the Revised Code if	24696
that insurer offers only open panel plans under which all	24697
providers and health care facilities participating receive their	24698
compensation directly from the insurer, a corporation formed by or	24699
on behalf of a political subdivision or a department, office, or	24700
institution of the state, or a public entity formed by or on	24701
behalf of a board of county commissioners, a county board of	24702
developmental disabilities, an alcohol and drug addiction services	24703
board, a board of alcohol, drug addiction, and mental health	24704
services, or a community mental health board, as those terms are	24705
used in Chapters 340. and 5126. of the Revised Code. Except as	24706
provided by division (D) of section 1751.02 of the Revised Code,	24707
or as otherwise provided by law, no board, commission, agency, or	24708
other entity under the control of a political subdivision may	24709
accept insurance risk in providing for health care services.	24710
However, nothing in this division shall be construed as	24711
prohibiting such entities from purchasing the services of a health	24712
insuring corporation or a third-party administrator licensed under	24713
Chapter 3959. of the Revised Code.	24714

(P) "Intermediary organization" means a health delivery	24715
network or other entity that contracts with licensed health	24716
insuring corporations or self-insured employers, or both, to	24717
provide health care services, and that enters into contractual	24718
arrangements with other entities for the provision of health care	24719
services for the purpose of fulfilling the terms of its contracts	24720
with the health insuring corporations and self-insured employers.	24721

(Q) "Intermediate care" means residential care above the	24722
level of room and board for patients who require personal	24723
assistance and health-related services, but who do not require	24724
skilled nursing care.	24725

(R) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	24726
~~the Revised Code.~~	24727

~~(S)~~ "Medical record" means the personal information that	24728
relates to an individual's physical or mental condition, medical	24729
history, or medical treatment.	24730

~~(T) "Medicare" means the program established under Title~~	24731
~~XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.~~	24732
~~1395, as amended.~~	24733

~~(U)~~(S)(1) "Open panel plan" means a health care plan that	24734
provides incentives for enrollees to use participating providers	24735
and that also allows enrollees to use providers that are not	24736
participating providers.	24737

(2) No health insuring corporation may offer an open panel	24738
plan, unless the health insuring corporation is also licensed as	24739
an insurer under Title XXXIX of the Revised Code, the health	24740
insuring corporation, on June 4, 1997, holds a certificate of	24741
authority or license to operate under Chapter 1736. or 1740. of	24742
the Revised Code, or an insurer licensed under Title XXXIX of the	24743
Revised Code is responsible for the out-of-network risk as	24744
evidenced by both an evidence of coverage filing under section	24745
1751.11 of the Revised Code and a policy and certificate filing	24746
under section 3923.02 of the Revised Code.	24747

~~(V)~~(T) "Osteopathic hospital" means a hospital registered	24748
under section 3701.07 of the Revised Code that advocates	24749
osteopathic principles and the practice and perpetuation of	24750
osteopathic medicine by doing any of the following:	24751

(1) Maintaining a department or service of osteopathic	24752
medicine or a committee on the utilization of osteopathic	24753
principles and methods, under the supervision of an osteopathic	24754
physician;	24755

(2) Maintaining an active medical staff, the majority of	24756
which is comprised of osteopathic physicians;	24757

(3) Maintaining a medical staff executive committee that has	24758
osteopathic physicians as a majority of its members.	24759

~~(W)~~(U) "Panel" means a group of providers or health care	24760
facilities that have joined together to deliver health care	24761
services through a contractual arrangement with a health insuring	24762
corporation, employer group, or other payor.	24763

~~(X)~~(V) "Person" has the same meaning as in section 1.59 of	24764
the Revised Code, and, unless the context otherwise requires,	24765
includes any insurance company holding a certificate of authority	24766
under Title XXXIX of the Revised Code, any subsidiary and	24767
affiliate of an insurance company, and any government agency.	24768

~~(Y)~~(W) "Premium rate" means any set fee regularly paid by a	24769
subscriber to a health insuring corporation. A "premium rate" does	24770
not include a one-time membership fee, an annual administrative	24771
fee, or a nominal access fee, paid to a managed health care system	24772
under which the recipient of health care services remains solely	24773
responsible for any charges accessed for those services by the	24774
provider or health care facility.	24775

~~(Z)~~(X) "Primary care provider" means a provider that is	24776
designated by a health insuring corporation to supervise,	24777
coordinate, or provide initial care or continuing care to an	24778
enrollee, and that may be required by the health insuring	24779
corporation to initiate a referral for specialty care and to	24780
maintain supervision of the health care services rendered to the	24781
enrollee.	24782

~~(AA)~~(Y) "Provider" means any natural person or partnership of	24783
natural persons who are licensed, certified, accredited, or	24784
otherwise authorized in this state to furnish health care	24785
services, or any professional association organized under Chapter	24786
1785. of the Revised Code, provided that nothing in this chapter	24787
or other provisions of law shall be construed to preclude a health	24788
insuring corporation, health care practitioner, or organized	24789
health care group associated with a health insuring corporation	24790
from employing certified nurse practitioners, certified nurse	24791
anesthetists, clinical nurse specialists, certified nurse	24792
midwives, dietitians, physician assistants, dental assistants,	24793
dental hygienists, optometric technicians, or other allied health	24794
personnel who are licensed, certified, accredited, or otherwise	24795
authorized in this state to furnish health care services.	24796

~~(BB)~~(Z) "Provider sponsored organization" means a	24797
corporation, as defined in division (H) of this section, that is	24798
at least eighty per cent owned or controlled by one or more	24799
hospitals, as defined in section 3727.01 of the Revised Code, or	24800
one or more physicians licensed to practice medicine or surgery or	24801
osteopathic medicine and surgery under Chapter 4731. of the	24802
Revised Code, or any combination of such physicians and hospitals.	24803
Such control is presumed to exist if at least eighty per cent of	24804
the voting rights or governance rights of a provider sponsored	24805
organization are directly or indirectly owned, controlled, or	24806
otherwise held by any combination of the physicians and hospitals	24807
described in this division.	24808

~~(CC)~~(AA) "Solicitation document" means the written materials	24809
provided to prospective subscribers or enrollees, or both, and	24810
used for advertising and marketing to induce enrollment in the	24811
health care plans of a health insuring corporation.	24812

~~(DD)~~(BB) "Subscriber" means a person who is responsible for	24813
making payments to a health insuring corporation for participation	24814
in a health care plan, or an enrollee whose employment or other	24815
status is the basis of eligibility for enrollment in a health	24816
insuring corporation.	24817

~~(EE)~~(CC) "Urgent care services" means those health care	24818
services that are appropriately provided for an unforeseen	24819
condition of a kind that usually requires medical attention	24820
without delay but that does not pose a threat to the life, limb,	24821
or permanent health of the injured or ill person, and may include	24822
such health care services provided out of the health insuring	24823
corporation's approved service area pursuant to indemnity payments	24824
or service agreements.	24825

Sec. 1751.11. (A) Every subscriber of a health insuring	24826
corporation is entitled to an evidence of coverage for the health	24827
care plan under which health care benefits are provided.	24828

(B) Every subscriber of a health insuring corporation that	24829
offers basic health care services is entitled to an identification	24830
card or similar document that specifies the health insuring	24831
corporation's name as stated in its articles of incorporation, and	24832
any trade or fictitious names used by the health insuring	24833
corporation. The identification card or document shall list at	24834
least one toll-free telephone number that provides the subscriber	24835
with access, to information on a twenty-four-hours-per-day,	24836
seven-days-per-week basis, as to how health care services may be	24837
obtained. The identification card or document shall also list at	24838
least one toll-free number that, during normal business hours,	24839
provides the subscriber with access to information on the coverage	24840
available under the subscriber's health care plan and information	24841
on the health care plan's internal and external review processes.	24842

(C) No evidence of coverage, or amendment to the evidence of	24843
coverage, shall be delivered, issued for delivery, renewed, or	24844
used, until the form of the evidence of coverage or amendment has	24845
been filed by the health insuring corporation with the	24846
superintendent of insurance. If the superintendent does not	24847
disapprove the evidence of coverage or amendment within sixty days	24848
after it is filed it shall be deemed approved, unless the	24849
superintendent sooner gives approval for the evidence of coverage	24850
or amendment. With respect to an amendment to an approved evidence	24851
of coverage, the superintendent only may disapprove provisions	24852
amended or added to the evidence of coverage. If the	24853
superintendent determines within the sixty-day period that any	24854
evidence of coverage or amendment fails to meet the requirements	24855
of this section, the superintendent shall so notify the health	24856
insuring corporation and it shall be unlawful for the health	24857
insuring corporation to use such evidence of coverage or	24858
amendment. At any time, the superintendent, upon at least thirty	24859
days' written notice to a health insuring corporation, may	24860
withdraw an approval, deemed or actual, of any evidence of	24861
coverage or amendment on any of the grounds stated in this	24862
section. Such disapproval shall be effected by a written order,	24863
which shall state the grounds for disapproval and shall be issued	24864
in accordance with Chapter 119. of the Revised Code.	24865

(D) No evidence of coverage or amendment shall be delivered,	24866
issued for delivery, renewed, or used:	24867

(1) If it contains provisions or statements that are	24868
inequitable, untrue, misleading, or deceptive;	24869

(2) Unless it contains a clear, concise, and complete	24870
statement of the following:	24871

(a) The health care services and insurance or other benefits,	24872
if any, to which an enrollee is entitled under the health care	24873
plan;	24874

(b) Any exclusions or limitations on the health care	24875
services, type of health care services, benefits, or type of	24876
benefits to be provided, including copayments and deductibles;	24877

(c) An enrollee's personal financial obligation for	24878
noncovered services;	24879

(d) Where and in what manner general information and	24880
information as to how health care services may be obtained is	24881
available, including a toll-free telephone number;	24882

(e) The premium rate with respect to individual and	24883
conversion contracts, and relevant copayment and deductible	24884
provisions with respect to all contracts. The statement of the	24885
premium rate, however, may be contained in a separate insert.	24886

(f) The method utilized by the health insuring corporation	24887
for resolving enrollee complaints;	24888

(g) The utilization review, internal review, and external	24889
review procedures established under sections 1751.77 to 1751.83	24890
and Chapter 3922. of the Revised Code.	24891

(3) Unless it provides for the continuation of an enrollee's	24892
coverage, in the event that the enrollee's coverage under the	24893
group policy, contract, certificate, or agreement terminates while	24894
the enrollee is receiving inpatient care in a hospital. This	24895
continuation of coverage shall terminate at the earliest	24896
occurrence of any of the following:	24897

(a) The enrollee's discharge from the hospital;

24898

(b) The determination by the enrollee's attending physician	24899
that inpatient care is no longer medically indicated for the	24900
enrollee; however, nothing in division (D)(3)(b) of this section	24901
precludes a health insuring corporation from engaging in	24902
utilization review as described in the evidence of coverage.	24903

(c) The enrollee's reaching the limit for contractual	24904
benefits;	24905

(d) The effective date of any new coverage.

24906

(4) Unless it contains a provision that states, in substance,	24907
that the health insuring corporation is not a member of any	24908
guaranty fund, and that in the event of the health insuring	24909
corporation's insolvency, an enrollee is protected only to the	24910
extent that the hold harmless provision required by section	24911
1751.13 of the Revised Code applies to the health care services	24912
rendered;	24913

(5) Unless it contains a provision that states, in substance,	24914
that in the event of the insolvency of the health insuring	24915
corporation, an enrollee may be financially responsible for health	24916
care services rendered by a provider or health care facility that	24917
is not under contract to the health insuring corporation, whether	24918
or not the health insuring corporation authorized the use of the	24919
provider or health care facility.	24920

(E) Notwithstanding divisions (C) and (D) of this section, a	24921
health insuring corporation may use an evidence of coverage that	24922
provides for the coverage of beneficiaries enrolled in medicare	24923
pursuant to a medicare contract, or an evidence of coverage that	24924
provides for the coverage of beneficiaries enrolled in the federal	24925
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	24926
an evidence of coverage that provides for the coverage of medicaid	24927
recipients, or an evidence of coverage that provides for the	24928
coverage of beneficiaries under any other federal health care	24929
program regulated by a federal regulatory body, or an evidence of	24930
coverage that provides for the coverage of beneficiaries under any	24931
contract covering officers or employees of the state that has been	24932
entered into by the department of administrative services, if both	24933
of the following apply:	24934

(1) The evidence of coverage has been approved by the United	24935
States department of health and human services, the United States	24936
office of personnel management, the ~~Ohio~~ department of ~~job and~~	24937
~~family services~~medicaid, or the department of administrative	24938
services.	24939

(2) The evidence of coverage is filed with the superintendent	24940
of insurance prior to use and is accompanied by documentation of	24941
approval from the United States department of health and human	24942
services, the United States office of personnel management, the	24943
~~Ohio~~ department of ~~job and family services~~medicaid, or the	24944
department of administrative services.	24945

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	24946
no premium rate for nongroup and conversion policies for health	24947
care services, or any amendment to them, may be used by any health	24948
insuring corporation at any time until the contractual periodic	24949
prepayment and premium rate, or amendment, have been filed with	24950
the superintendent of insurance, and shall not be effective until	24951
the expiration of sixty days after their filing unless the	24952
superintendent sooner gives approval. The filing shall be	24953
accompanied by an actuarial certification in the form prescribed	24954
by the superintendent. The superintendent shall disapprove the	24955
filing, if the superintendent determines within the sixty-day	24956
period that the contractual periodic prepayment or premium rate,	24957
or amendment, is not in accordance with sound actuarial principles	24958
or is not reasonably related to the applicable coverage and	24959
characteristics of the applicable class of enrollees. The	24960
superintendent shall notify the health insuring corporation of the	24961
disapproval, and it shall thereafter be unlawful for the health	24962
insuring corporation to use the contractual periodic prepayment or	24963
premium rate, or amendment.	24964

(2) No contractual periodic prepayment for group policies for	24965
health care services shall be used until the contractual periodic	24966
prepayment has been filed with the superintendent. The filing	24967
shall be accompanied by an actuarial certification in the form	24968
prescribed by the superintendent. The superintendent may reject a	24969
filing made under division (A)(2) of this section at any time,	24970
with at least thirty days' written notice to a health insuring	24971
corporation, if the contractual periodic prepayment is not in	24972
accordance with sound actuarial principles or is not reasonably	24973
related to the applicable coverage and characteristics of the	24974
applicable class of enrollees.	24975

(3) At any time, the superintendent, upon at least thirty	24976
days' written notice to a health insuring corporation, may	24977
withdraw the approval given under division (A)(1) of this section,	24978
deemed or actual, of any contractual periodic prepayment or	24979
premium rate, or amendment, based on information that either of	24980
the following applies:	24981

(a) The contractual periodic prepayment or premium rate, or	24982
amendment, is not in accordance with sound actuarial principles.	24983

(b) The contractual periodic prepayment or premium rate, or	24984
amendment, is not reasonably related to the applicable coverage	24985
and characteristics of the applicable class of enrollees.	24986

(4) Any disapproval under division (A)(1) of this section,	24987
any rejection of a filing made under division (A)(2) of this	24988
section, or any withdrawal of approval under division (A)(3) of	24989
this section, shall be effected by a written notice, which shall	24990
state the specific basis for the disapproval, rejection, or	24991
withdrawal and shall be issued in accordance with Chapter 119. of	24992
the Revised Code.	24993

(B) Notwithstanding division (A) of this section, a health	24994
insuring corporation may use a contractual periodic prepayment or	24995
premium rate for policies used for the coverage of beneficiaries	24996
enrolled in medicare pursuant to a medicare risk contract or	24997
medicare cost contract, or for policies used for the coverage of	24998
beneficiaries enrolled in the federal employees health benefits	24999
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	25000
coverage of medicaid recipients, or for policies used for the	25001
coverage of beneficiaries under any other federal health care	25002
program regulated by a federal regulatory body, or for policies	25003
used for the coverage of beneficiaries under any contract covering	25004
officers or employees of the state that has been entered into by	25005
the department of administrative services, if both of the	25006
following apply:	25007

(1) The contractual periodic prepayment or premium rate has	25008
been approved by the United States department of health and human	25009
services, the United States office of personnel management, the	25010
department of ~~job and family services~~medicaid, or the department	25011
of administrative services.	25012

(2) The contractual periodic prepayment or premium rate is	25013
filed with the superintendent prior to use and is accompanied by	25014
documentation of approval from the United States department of	25015
health and human services, the United States office of personnel	25016
management, the department of ~~job and family services~~medicaid, or	25017
the department of administrative services.	25018

(C) The administrative expense portion of all contractual	25019
periodic prepayment or premium rate filings submitted to the	25020
superintendent for review must reflect the actual cost of	25021
administering the product. The superintendent may require that the	25022
administrative expense portion of the filings be itemized and	25023
supported.	25024

(D)(1) Copayments must be reasonable and must not be a	25025
barrier to the necessary utilization of services by enrollees.	25026

(2) A health insuring corporation, in order to ensure that	25027
copayments are reasonable and not a barrier to the necessary	25028
utilization of basic health care services by enrollees, may do one	25029
of the following:	25030

(a) Impose copayment charges on any single covered basic	25031
health care service that does not exceed forty per cent of the	25032
average cost to the health insuring corporation of providing the	25033
service;	25034

(b) Impose copayment charges that annually do not exceed	25035
twenty per cent of the total annual cost to the health insuring	25036
corporation of providing all covered basic health care services,	25037
including physician office visits, urgent care services, and	25038
emergency health services, when aggregated as to all persons	25039
covered under the filed product in question. In addition, annual	25040
copayment charges as to each enrollee shall not exceed twenty per	25041
cent of the total annual cost to the health insuring corporation	25042
of providing all covered basic health care services, including	25043
physician office visits, urgent care services, and emergency	25044
health services, as to such enrollee. The total annual cost of	25045
providing a health care service is the cost to the health insuring	25046
corporation of providing the health care service to its enrollees	25047
as reduced by any applicable provider discount.	25048

(3) To ensure that copayments are reasonable and not a	25049
barrier to the utilization of basic health care services, a health	25050
insuring corporation may not impose, in any contract year, on any	25051
subscriber or enrollee, copayments that exceed two hundred per	25052
cent of the average annual premium rate to subscribers or	25053
enrollees.	25054

(4) For purposes of division (D) of this section, both of the	25055
following apply:	25056

(a) Copayments imposed by health insuring corporations in	25057
connection with a high deductible health plan that is linked to a	25058
health savings account are reasonable and are not a barrier to the	25059
necessary utilization of services by enrollees.	25060

(b) Divisions (D)(2) and (3) of this section do not apply to	25061
a high deductible health plan that is linked to a health savings	25062
account.	25063

(E) A health insuring corporation shall not impose lifetime	25064
maximums on basic health care services. However, a health insuring	25065
corporation may establish a benefit limit for inpatient hospital	25066
services that are provided pursuant to a policy, contract,	25067
certificate, or agreement for supplemental health care services.	25068

(F) A health insuring corporation may require that an	25069
enrollee pay an annual deductible that does not exceed one	25070
thousand dollars per enrollee or two thousand dollars per family,	25071
except that:	25072

(1) A health insuring corporation may impose higher	25073
deductibles for high deductible health plans that are linked to	25074
health savings accounts;	25075

(2) The superintendent may adopt rules allowing different	25076
annual deductible amounts for plans with a medical savings	25077
account, health reimbursement arrangement, flexible spending	25078
account, or similar account;	25079

(3) A health insuring corporation may impose higher	25080
deductibles under health plans if requested by the group contract,	25081
policy, certificate, or agreement holder, or an individual seeking	25082
coverage under an individual health plan. This shall not be	25083
construed as requiring the health insuring corporation to create	25084
customized health plans for group contract holders or individuals.	25085

(G) As used in this section, "health savings account" and	25086
"high deductible health plan" have the same meanings as in the	25087
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	25088
amended.	25089

Sec. 1751.31. (A) Any changes in a health insuring	25090
corporation's solicitation document shall be filed with the	25091
superintendent of insurance. The superintendent, within sixty days	25092
of filing, may disapprove any solicitation document or amendment	25093
to it on any of the grounds stated in this section. Such	25094
disapproval shall be effected by written notice to the health	25095
insuring corporation. The notice shall state the grounds for	25096
disapproval and shall be issued in accordance with Chapter 119. of	25097
the Revised Code.	25098

(B) The solicitation document shall contain all information	25099
necessary to enable a consumer to make an informed choice as to	25100
whether or not to enroll in the health insuring corporation. The	25101
information shall include a specific description of the health	25102
care services to be available and the approximate number and type	25103
of full-time equivalent medical practitioners. The information	25104
shall be presented in the solicitation document in a manner that	25105
is clear, concise, and intelligible to prospective applicants in	25106
the proposed service area.	25107

(C) Every potential applicant whose subscription to a health	25108
care plan is solicited shall receive, at or before the time of	25109
solicitation, a solicitation document approved by the	25110
superintendent.	25111

(D) Notwithstanding division (A) of this section, a health	25112
insuring corporation may use a solicitation document that the	25113
corporation uses in connection with policies for medicare	25114
beneficiaries pursuant to a medicare risk contract or medicare	25115
cost contract, or for policies for beneficiaries of the federal	25116
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	25117
for policies for medicaid recipients, or for policies for	25118
beneficiaries of any other federal health care program regulated	25119
by a federal regulatory body, or for policies for beneficiaries of	25120
contracts covering officers or employees of the state entered into	25121
by the department of administrative services, if both of the	25122
following apply:	25123

(1) The solicitation document has been approved by the United	25124
States department of health and human services, the United States	25125
office of personnel management, the department of ~~job and family~~	25126
~~services~~medicaid, or the department of administrative services.	25127

(2) The solicitation document is filed with the	25128
superintendent of insurance prior to use and is accompanied by	25129
documentation of approval from the United States department of	25130
health and human services, the United States office of personnel	25131
management, the department of ~~job and family services~~medicaid, or	25132
the department of administrative services.	25133

(E) No health insuring corporation, or its agents or	25134
representatives, shall use monetary or other valuable	25135
consideration, engage in misleading or deceptive practices, or	25136
make untrue, misleading, or deceptive representations to induce	25137
enrollment. Nothing in this division shall prohibit incentive	25138
forms of remuneration such as commission sales programs for the	25139
health insuring corporation's employees and agents.	25140

(F) Any person obligated for any part of a premium rate in	25141
connection with an enrollment agreement, in addition to any right	25142
otherwise available to revoke an offer, may cancel such agreement	25143
within seventy-two hours after having signed the agreement or	25144
offer to enroll. Cancellation occurs when written notice of the	25145
cancellation is given to the health insuring corporation or its	25146
agents or other representatives. A notice of cancellation mailed	25147
to the health insuring corporation shall be considered to have	25148
been filed on its postmark date.	25149

(G) Nothing in this section shall prohibit healthy lifestyle	25150
programs.	25151

Sec. 1923.14. (A) Except as otherwise provided in this	25152
section, within ten days after receiving a writ of execution	25153
described in division (A) or (B) of section 1923.13 of the Revised	25154
Code, the sheriff, police officer, constable, or bailiff shall	25155
execute it by restoring the plaintiff to the possession of the	25156
premises, and shall levy and collect the costs and make return, as	25157
upon other executions. If an appeal from the judgment of	25158
restitution is filed and if, following the filing of the appeal, a	25159
stay of execution is obtained and any required bond is filed with	25160
the court of common pleas, municipal court, or county court, the	25161
judge of that court immediately shall issue an order to the	25162
sheriff, police officer, constable, or bailiff commanding the	25163
delay of all further proceedings upon the execution. If the	25164
premises have been restored to the plaintiff, the sheriff, police	25165
officer, constable, or bailiff shall forthwith place the defendant	25166
in possession of them, and return the writ with the sheriff's,	25167
police officer's, constable's, or bailiff's proceedings and the	25168
costs taxed on it.	25169

(B)(1) After a court of common pleas, municipal court, or	25170
county court issues a writ of execution described in division (B)	25171
of section 1923.13 of the Revised Code, the clerk of the court	25172
shall send by regular mail, to the last known address of the	25173
titled owner of the manufactured home, mobile home, or	25174
recreational vehicle that is the subject of the writ and to the	25175
last known address of each other person who is listed on the writ	25176
as having any outstanding right, title, or interest in the home,	25177
vehicle, or personal property and to the auditor and treasurer of	25178
the county in which the court is located, a written notice that	25179
the home or vehicle potentially may be sold, destroyed, or have	25180
its title transferred under the circumstances described in	25181
division (B)(3) or (4) of this section.	25182

(2) Except as otherwise provided in this division, after	25183
receiving a writ of execution described in division (B) of section	25184
1923.13 of the Revised Code, and after causing the defendant to be	25185
removed from the residential premises of the manufactured home	25186
park, if necessary, in accordance with the writ, the sheriff,	25187
police officer, constable, or bailiff may cause the manufactured	25188
home, mobile home, or recreational vehicle that is the subject of	25189
the writ, and all personal property on the residential premises,	25190
at the sheriff's, police officer's, constable's, or bailiff's	25191
option, either to be removed from the manufactured home park and,	25192
if necessary, moved to a storage facility of the sheriff's, police	25193
officer's, constable's, or bailiff's choice, or to be retained at	25194
their current location on the residential premises, until they are	25195
claimed by the defendant or they are disposed of in a manner	25196
authorized by division (B)(3), (4), or (6) of this section or by	25197
another section of the Revised Code. The sheriff, police officer,	25198
constable, or bailiff shall not cause the manufactured home,	25199
mobile home, or recreational vehicle that is the subject of the	25200
writ, or the personal property, to be removed from the	25201
manufactured home park or moved to a storage facility if the	25202
holder of any outstanding lien, right, title, or interest in the	25203
home or vehicle, other than the titled owner of the home or	25204
vehicle, meets the conditions set forth in division (B)(6) or (7)	25205
of this section.	25206

The sheriff, police officer, constable, or bailiff who	25207
removes the manufactured home, mobile home, or recreational	25208
vehicle, or the abandoned personal property, from the residential	25209
premises shall be immune from civil liability pursuant to section	25210
2744.03 of the Revised Code for any damage caused to the home,	25211
vehicle, or any personal property during the removal. The park	25212
operator shall not be liable for any damage caused by the park	25213
operator's removal of the manufactured home, mobile home, or	25214
recreational vehicle or the removal of the personal property from	25215
the residential premises, or for any damage to the home, vehicle,	25216
or personal property during the time the home, vehicle, or	25217
property remains abandoned or stored in the manufactured home	25218
park, unless the damage is the result of acts that the park	25219
operator or the park operator's agents or employees performed with	25220
malicious purpose, in bad faith, or in a wanton or reckless	25221
manner. The reasonable costs for a removal of the manufactured	25222
home, mobile home, or recreational vehicle and personal property	25223
and, as applicable, the reasonable costs for its storage shall	25224
constitute a lien upon the home or vehicle payable by the titled	25225
owner of the home or vehicle or payable pursuant to division	25226
(B)(3) of this section.	25227

(3) Except as provided in divisions (B)(4), (5), and (6) of	25228
this section and division (D) of section 1923.12 of the Revised	25229
Code, within sixty days after receiving a writ of execution	25230
described in division (B) of section 1923.13 of the Revised Code,	25231
the sheriff, police officer, constable, or bailiff shall commence	25232
proceedings for the sale of the manufactured home, mobile home, or	25233
recreational vehicle that is the subject of the writ, and the	25234
abandoned personal property on the residential premises, if the	25235
home or vehicle is determined to be abandoned in accordance with	25236
the procedures for the sale of goods on execution under Chapter	25237
2329. of the Revised Code. In addition to all notices required to	25238
be given under section 2329.13 of the Revised Code, the sheriff,	25239
police officer, constable, or bailiff shall serve at their	25240
respective last known addresses a written notice of the date,	25241
time, and place of the sale upon all persons who are listed on the	25242
writ of execution as having any outstanding right, title, or	25243
interest in the abandoned manufactured home, mobile home, or	25244
recreational vehicle and the personal property and shall provide	25245
written notice to the auditor and the treasurer of the county in	25246
which the court issuing the writ is located.	25247

Unless the proceedings are governed by division (D) of	25248
section 1923.12 of the Revised Code, notwithstanding any statutory	25249
provision to the contrary, including, but not limited to, section	25250
2329.66 of the Revised Code, there shall be no stay of execution	25251
or exemption from levy or sale on execution available to the	25252
titled owner of the abandoned manufactured home, mobile home, or	25253
recreational vehicle in relation to a sale under this division.	25254
Except as otherwise provided in sections 2113.031, 2117.25, and	25255
~~5111.11~~5162.21 of the Revised Code in a case involving a deceased	25256
resident or resident's estate, the sheriff, police officer,	25257
constable, or bailiff shall distribute the proceeds from the sale	25258
of an abandoned manufactured home, mobile home, or recreational	25259
vehicle and any personal property under this division in the	25260
following manner:	25261

(a) The sheriff, police officer, constable, or bailiff shall	25262
first pay the costs for any moving of and any storage outside the	25263
manufactured home park of the home or vehicle and any personal	25264
property pursuant to division (B)(2) of this section, the costs of	25265
the sale, including reimbursing the park operator for the deposit	25266
that the park operator paid to the clerk of court under division	25267
(C) of section 1923.12 of the Revised Code, and any unpaid court	25268
costs assessed against the defendant in the underlying action.	25269

(b) Following the payment required by division (B)(3)(a) of	25270
this section, the sheriff, police officer, constable, or bailiff	25271
shall pay all outstanding tax liens on the home or vehicle.	25272

(c) Following the payment required by division (B)(3)(b) of	25273
this section, the sheriff, police officer, constable, or bailiff	25274
shall pay all other outstanding security interests, liens, or	25275
encumbrances on the home or vehicle by priority of filing or other	25276
priority.	25277

(d) Following the payment required by division (B)(3)(c) of	25278
this section, the sheriff, police officer, constable, or bailiff	25279
shall pay any outstanding monetary judgment rendered under section	25280
1923.09 or 1923.11 of the Revised Code in favor of the plaintiff	25281
and any costs associated with retaining the home or vehicle prior	25282
to the sale at its location on the residential premises within the	25283
manufactured home park pursuant to division (B)(2) of this	25284
section.	25285

(e) After complying with divisions (B)(3)(a) to (d) of this	25286
section, the sheriff, police officer, constable, or bailiff shall	25287
report any remaining money as unclaimed funds pursuant to Chapter	25288
169. of the Revised Code.	25289

Upon the return of any writ of execution for the satisfaction	25290
of which an abandoned manufactured home, mobile home, or	25291
recreational vehicle has been sold under this division, on careful	25292
examination of the proceedings of the sheriff, police officer,	25293
constable, or bailiff conducting the sale, if the court that	25294
issued the writ finds that the sale was made, in all respects, in	25295
conformity with the relevant provisions of Chapter 2329. of the	25296
Revised Code and with this division, it shall direct the clerk of	25297
the court to make an entry on the journal that the court is	25298
satisfied with the legality of the sale and the court shall direct	25299
the clerk of the court of common pleas of the county in which the	25300
writ was issued to issue a certificate of title, free and clear of	25301
all security interests, liens, and encumbrances, to the purchaser	25302
of the home or vehicle. The clerk of the court of common pleas	25303
shall issue the new certificate of title to the purchaser of the	25304
home or vehicle regardless of whether the writ was issued by the	25305
court of common pleas or another court duly authorized to issue	25306
the writ. If the manufactured home, mobile home, or recreational	25307
vehicle sold under this division is located in a manufactured home	25308
park, the purchaser of the home or vehicle shall have no right to	25309
maintain the home or vehicle in the manufactured home park without	25310
the park operator's consent and the sheriff, police officer,	25311
constable, or bailiff conducting the sale shall notify all	25312
prospective purchasers of this fact prior to the commencement of	25313
the sale.	25314

If, after it is offered for sale on two occasions under this	25315
division, the abandoned manufactured home, mobile home, or	25316
recreational vehicle cannot be sold due to a want of bidders, the	25317
sheriff, police officer, constable, or bailiff shall present the	25318
writ of execution unsatisfied to the clerk of the court of common	25319
pleas of the county in which the writ was issued for the issuance	25320
by the clerk in the manner prescribed in section 4505.10 of the	25321
Revised Code of a certificate of title transferring the title of	25322
the home or vehicle to the plaintiff, free and clear of all	25323
security interests, liens, and encumbrances. The clerk of the	25324
court of common pleas shall issue the new certificate of title	25325
transferring the title of the manufactured home, mobile home, or	25326
recreational vehicle to the plaintiff regardless of whether the	25327
writ was issued by the court of common pleas or another court duly	25328
authorized to issue the writ. If any taxes are owed on the home or	25329
vehicle at this time, the county auditor shall remove the	25330
delinquent taxes from the manufactured home tax list and the	25331
delinquent manufactured home tax list and remit any penalties for	25332
late payment of manufactured home taxes. Acceptance of the	25333
certificate of title by the plaintiff terminates all further	25334
proceedings under this section.	25335

(4) Except as provided in division (B)(5) or (6) of this	25336
section and division (D) of section 1923.12 of the Revised Code,	25337
within sixty days after receiving a writ of execution described in	25338
division (B) of section 1923.13 of the Revised Code, if the	25339
manufactured home, mobile home, or recreational vehicle is	25340
determined to be abandoned and to have a value of less than three	25341
thousand dollars, the sheriff, police officer, constable, or	25342
bailiff shall serve at their respective last known addresses a	25343
written notice of potential action as described in this division	25344
upon all persons who are listed on the writ as having any	25345
outstanding right, title, or interest in the home or vehicle. This	25346
notice shall be in addition to all notices required to be given	25347
under section 2329.13 of the Revised Code. Subject to the	25348
fulfillment of these notice requirements, the sheriff, police	25349
officer, constable, or bailiff shall take one of the following	25350
actions with respect to the abandoned manufactured home, mobile	25351
home, or recreational vehicle:	25352

(a) Cause its destruction if there is no person having an	25353
outstanding right, title, or interest in the home or vehicle,	25354
other than the titled owner of the home or vehicle;	25355

(b) Proceed with its sale under division (B)(3) of this	25356
section;	25357

(c) If there is no person having an outstanding right, title,	25358
or interest in the home or vehicle other than the titled owner of	25359
the home or vehicle, or if there is an outstanding right, title,	25360
or interest in the home or vehicle and the lienholder consents in	25361
writing, present the writ of execution to the clerk of the court	25362
of common pleas of the county in which the writ was issued for the	25363
issuance by the clerk in the manner prescribed in section 4505.10	25364
of the Revised Code of a certificate of title transferring the	25365
title of the home or vehicle to the plaintiff, free and clear of	25366
all security interests, liens, and encumbrances. The clerk of the	25367
court of common pleas shall issue the new certificate of title	25368
transferring the title of the home or vehicle regardless of	25369
whether the writ was issued by the court of common pleas or	25370
another court duly authorized to issue the writ. If any taxes are	25371
owed on the home or vehicle at this time, the county auditor shall	25372
remove the delinquent taxes from the manufactured home tax list	25373
and the delinquent manufactured home tax list and remit any	25374
penalties for late payment of manufactured home taxes. Acceptance	25375
of the certificate of title by the plaintiff terminates all	25376
further proceedings under this section.	25377

(5) At any time prior to the issuance of the writ of	25378
execution described in division (B) of section 1923.13 of the	25379
Revised Code, the titled owner of the manufactured home, mobile	25380
home, or recreational vehicle that would be the subject of the	25381
writ may remove the abandoned home or vehicle from the	25382
manufactured home park or other place of storage upon payment to	25383
the county auditor of all outstanding tax liens on the home or	25384
vehicle and, unless the owner is indigent, payment to the clerk of	25385
court of all unpaid court costs assessed against the defendant in	25386
the underlying action. After the issuance of the writ of	25387
execution, the titled owner of the home or vehicle may remove the	25388
abandoned home or vehicle from the manufactured home park or other	25389
place of storage at any time up to the day before the scheduled	25390
sale, destruction, or transfer of the home or vehicle pursuant to	25391
division (B)(3) or (4) of this section upon payment of all of the	25392
following:	25393

(a) All costs for moving and storage of the home or vehicle	25394
pursuant to division (B)(2) of this section and all costs incurred	25395
by the sheriff, police officer, constable, or bailiff up to and	25396
including the date of the removal of the home or vehicle;	25397

(b) All outstanding tax liens on the home or vehicle;

25398

(c) Unless the owner is indigent, all unpaid court costs	25399
assessed against the defendant in the underlying action.	25400

(6) At any time after the issuance of the writ of execution	25401
described in division (B) of section 1923.13 of the Revised Code,	25402
the holder of any outstanding lien, right, title, or interest in	25403
the manufactured home, mobile home, or recreational vehicle, other	25404
than the titled owner of the home or vehicle, may stop the	25405
sheriff, police officer, constable, or bailiff from proceeding	25406
with the sale under this division by doing both of the following:	25407

(a) Commencing a proceeding to repossess the home or vehicle	25408
pursuant to Chapters 1309. and 1317. of the Revised Code;	25409

(b) Paying to the park operator all monthly rental payments	25410
for the lot on which the home or vehicle is located from the time	25411
of the issuance of the writ of execution until the time that the	25412
home or vehicle is sold pursuant to Chapters 1309. and 1317. of	25413
the Revised Code.	25414

(7)(a) At any time prior to the day before the scheduled sale	25415
of the property pursuant to division (B)(3) of this section, the	25416
defendant may remove any personal property of the defendant from	25417
the abandoned home or vehicle or other place of storage.	25418

(b) If personal property owned by a person other than the	25419
defendant is abandoned on the residential premises and has not	25420
previously been removed, the owner of the personal property may	25421
remove the personal property from the abandoned home or vehicle or	25422
other place of storage up to the day before the scheduled sale of	25423
the property pursuant to division (B)(3) of this section upon	25424
presentation of proof of ownership of the property that is	25425
satisfactory to the sheriff, police officer, constable, or bailiff	25426
conducting the sale.	25427

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	25428
the probate court has exclusive jurisdiction:	25429

(a) To take the proof of wills and to admit to record	25430
authenticated copies of wills executed, proved, and allowed in the	25431
courts of any other state, territory, or country. If the probate	25432
judge is unavoidably absent, any judge of the court of common	25433
pleas may take proof of wills and approve bonds to be given, but	25434
the record of these acts shall be preserved in the usual records	25435
of the probate court.	25436

(b) To grant and revoke letters testamentary and of	25437
administration;	25438

(c) To direct and control the conduct and settle the accounts	25439
of executors and administrators and order the distribution of	25440
estates;	25441

(d) To appoint the attorney general to serve as the	25442
administrator of an estate pursuant to section 2113.06 of the	25443
Revised Code;	25444

(e) To appoint and remove guardians, conservators, and	25445
testamentary trustees, direct and control their conduct, and	25446
settle their accounts;	25447

(f) To grant marriage licenses;

25448

(g) To make inquests respecting persons who are so mentally	25449
impaired as a result of a mental or physical illness or	25450
disability, or mental retardation, or as a result of chronic	25451
substance abuse, that they are unable to manage their property and	25452
affairs effectively, subject to guardianship;	25453

(h) To qualify assignees, appoint and qualify trustees and	25454
commissioners of insolvents, control their conduct, and settle	25455
their accounts;	25456

(i) To authorize the sale of lands, equitable estates, or	25457
interests in lands or equitable estates, and the assignments of	25458
inchoate dower in such cases of sale, on petition by executors,	25459
administrators, and guardians;	25460

(j) To authorize the completion of real property contracts on	25461
petition of executors and administrators;	25462

(k) To construe wills;

25463

(l) To render declaratory judgments, including, but not	25464
limited to, those rendered pursuant to section 2107.084 of the	25465
Revised Code;	25466

(m) To direct and control the conduct of fiduciaries and	25467
settle their accounts;	25468

(n) To authorize the sale or lease of any estate created by	25469
will if the estate is held in trust, on petition by the trustee;	25470

(o) To terminate a testamentary trust in any case in which a	25471
court of equity may do so;	25472

(p) To hear and determine actions to contest the validity of	25473
wills;	25474

(q) To make a determination of the presumption of death of	25475
missing persons and to adjudicate the property rights and	25476
obligations of all parties affected by the presumption;	25477

(r) To hear and determine an action commenced pursuant to	25478
section 3107.41 of the Revised Code to obtain the release of	25479
information pertaining to the birth name of the adopted person and	25480
the identity of the adopted person's biological parents and	25481
biological siblings;	25482

(s) To act for and issue orders regarding wards pursuant to	25483
section 2111.50 of the Revised Code;	25484

(t) To hear and determine actions against sureties on the	25485
bonds of fiduciaries appointed by the probate court;	25486

(u) To hear and determine actions involving informed consent	25487
for medication of persons hospitalized pursuant to section	25488
5122.141 or 5122.15 of the Revised Code;	25489

(v) To hear and determine actions relating to durable powers	25490
of attorney for health care as described in division (D) of	25491
section 1337.16 of the Revised Code;	25492

(w) To hear and determine actions commenced by objecting	25493
individuals, in accordance with section 2133.05 of the Revised	25494
Code;	25495

(x) To hear and determine complaints that pertain to the use	25496
or continuation, or the withholding or withdrawal, of	25497
life-sustaining treatment in connection with certain patients	25498
allegedly in a terminal condition or in a permanently unconscious	25499
state pursuant to division (E) of section 2133.08 of the Revised	25500
Code, in accordance with that division;	25501

(y) To hear and determine applications that pertain to the	25502
withholding or withdrawal of nutrition and hydration from certain	25503
patients allegedly in a permanently unconscious state pursuant to	25504
section 2133.09 of the Revised Code, in accordance with that	25505
section;	25506

(z) To hear and determine applications of attending	25507
physicians in accordance with division (B) of section 2133.15 of	25508
the Revised Code;	25509

(aa) To hear and determine actions relative to the use or	25510
continuation of comfort care in connection with certain principals	25511
under durable powers of attorney for health care, declarants under	25512
declarations, or patients in accordance with division (E) of	25513
either section 1337.16 or 2133.12 of the Revised Code;	25514

(bb) To hear and determine applications for an order	25515
relieving an estate from administration under section 2113.03 of	25516
the Revised Code;	25517

(cc) To hear and determine applications for an order granting	25518
a summary release from administration under section 2113.031 of	25519
the Revised Code;	25520

(dd) To hear and determine actions relating to the exercise	25521
of the right of disposition, in accordance with section 2108.90 of	25522
the Revised Code;	25523

(ee) To hear and determine actions relating to the	25524
disinterment and reinterment of human remains under section 517.23	25525
of the Revised Code;	25526

(ff) To hear and determine petitions for an order for	25527
treatment of a person suffering from alcohol and other drug abuse	25528
filed under section ~~3793.34~~5119.93 of the Revised Code and to	25529
order treatment of that nature in accordance with, and take other	25530
actions afforded to the court under, sections ~~3793.31~~5119.90 to	25531
~~3793.39~~5119.98 of the Revised Code.	25532

(2) In addition to the exclusive jurisdiction conferred upon	25533
the probate court by division (A)(1) of this section, the probate	25534
court shall have exclusive jurisdiction over a particular subject	25535
matter if both of the following apply:	25536

(a) Another section of the Revised Code expressly confers	25537
jurisdiction over that subject matter upon the probate court.	25538

(b) No section of the Revised Code expressly confers	25539
jurisdiction over that subject matter upon any other court or	25540
agency.	25541

(B)(1) The probate court has concurrent jurisdiction with,	25542
and the same powers at law and in equity as, the general division	25543
of the court of common pleas to issue writs and orders, and to	25544
hear and determine actions as follows:	25545

(a) If jurisdiction relative to a particular subject matter	25546
is stated to be concurrent in a section of the Revised Code or has	25547
been construed by judicial decision to be concurrent, any action	25548
that involves that subject matter;	25549

(b) Any action that involves an inter vivos trust; a trust	25550
created pursuant to section 5815.28 of the Revised Code; a	25551
charitable trust or foundation; subject to divisions (A)(1)(u) and	25552
(z) of this section, a power of attorney, including, but not	25553
limited to, a durable power of attorney; the medical treatment of	25554
a competent adult; or a writ of habeas corpus;	25555

(c) Subject to section 2101.31 of the Revised Code, any	25556
action with respect to a probate estate, guardianship, trust, or	25557
post-death dispute that involves any of the following:	25558

(i) A designation or removal of a beneficiary of a life	25559
insurance policy, annuity contract, retirement plan, brokerage	25560
account, security account, bank account, real property, or	25561
tangible personal property;	25562

(ii) A designation or removal of a payable-on-death	25563
beneficiary or transfer-on-death beneficiary;	25564

(iii) A change in the title to any asset involving a joint	25565
and survivorship interest;	25566

(iv) An alleged gift;

25567

(v) The passing of assets upon the death of an individual	25568
otherwise than by will, intestate succession, or trust.	25569

(2) Any action that involves a concurrent jurisdiction	25570
subject matter and that is before the probate court may be	25571
transferred by the probate court, on its order, to the general	25572
division of the court of common pleas.	25573

(C) The probate court has plenary power at law and in equity	25574
to dispose fully of any matter that is properly before the court,	25575
unless the power is expressly otherwise limited or denied by a	25576
section of the Revised Code.	25577

(D) The jurisdiction acquired by a probate court over a	25578
matter or proceeding is exclusive of that of any other probate	25579
court, except when otherwise provided by law.	25580

Sec. 2113.041. (A) The administrator of the medicaid estate	25581
recovery program established pursuant to section ~~5111.11~~5162.21	25582
of the Revised Code may present an affidavit to a financial	25583
institution requesting that the financial institution release	25584
account proceeds to recover the cost of services correctly	25585
provided to a medicaid recipient who is subject to the medicaid	25586
estate recovery program. The affidavit shall include all of the	25587
following information:	25588

(1) The name of the decedent;

25589

(2) The name of any person who gave notice that the decedent	25590
was a medicaid recipient and that person's relationship to the	25591
decedent;	25592

(3) The name of the financial institution;

25593

(4) The account number;

25594

(5) A description of the claim for estate recovery;

25595

(6) The amount of funds to be recovered.

25596

(B) A financial institution may release account proceeds to	25597
the administrator of the medicaid estate recovery program if all	25598
of the following apply:	25599

(1) The decedent held an account at the financial institution	25600
that was in the decedent's name only.	25601

(2) No estate has been, and it is reasonable to assume that	25602
no estate will be, opened for the decedent.	25603

(3) The decedent has no outstanding debts known to the	25604
administrator of the medicaid estate recovery program.	25605

(4) The financial institution has received no objections or	25606
has determined that no valid objections to release of proceeds	25607
have been received.	25608

(C) If proceeds have been released pursuant to division (B)	25609
of this section and the department of ~~job and family services~~	25610
medicaid receives notice of a valid claim to the proceeds that has	25611
a higher priority under section 2117.25 of the Revised Code than	25612
the claim of the medicaid estate recovery program, the department	25613
may refund the proceeds to the financial institution or pay them	25614
to the person or government entity with the claim.	25615

Sec. 2113.06. (A) Administration of the estate of an	25616
intestate shall be granted to persons mentioned in this division,	25617
in the following order:	25618

(1) To the surviving spouse of the deceased, if resident of	25619
the state;	25620

(2) To one of the next of kin of the deceased, resident of	25621
the state.	25622

(B) If the persons entitled to administer the estate under	25623
division (A) of this section fail to take or renounce	25624
administration voluntarily, the matter shall be set for hearing	25625
and notice given to the persons.	25626

(C) If there are no persons entitled to administration, if	25627
they are for any reason unsuitable for the discharge of the trust,	25628
or if without sufficient cause they neglect to apply within a	25629
reasonable time for the administration of the estate, their right	25630
to priority shall be lost, and the court shall commit the	25631
administration to some suitable person who is a resident of the	25632
state, or to the attorney general or the attorney general's	25633
designee, if the department of ~~job and family services~~medicaid is	25634
seeking to recover ~~medical assistance~~the costs of medicaid	25635
services from the deceased pursuant to section ~~5111.11~~5162.21 or	25636
~~5111.111~~5162.211 of the Revised Code. The person granted	25637
administration may be a creditor of the estate.	25638

(D) This section applies to the appointment of an	25639
administrator de bonis non.	25640

Sec. 2117.061. (A) As used in this section:

25641

(1) "Medicaid estate recovery program" means the program	25642
instituted under section ~~5111.11~~5162.21 of the Revised Code.	25643

(2) "Person responsible for the estate" means the executor,	25644
administrator, commissioner, or person who filed pursuant to	25645
section 2113.03 of the Revised Code for release from	25646
administration of an estate.	25647

(B) The person responsible for the estate of a decedent	25648
subject to the medicaid estate recovery program or the estate of a	25649
decedent who was the spouse of a decedent subject to the medicaid	25650
estate recovery program shall submit a properly completed medicaid	25651
estate recovery notice form to the administrator of the medicaid	25652
estate recovery program not later than thirty days after the	25653
occurrence of any of the following:	25654

(1) The granting of letters of administration or letters	25655
testamentary;	25656

(2) The filing of an application for release from	25657
administration or summary release from administration.	25658

(C) The person responsible for the estate shall mark the	25659
appropriate box on the appropriate probate form that gives notice	25660
to the administrator of the medicaid estate recovery program to	25661
indicate compliance with the requirements of division (B) of this	25662
section.	25663

(D) The administrator of the medicaid estate recovery program	25664
shall present a claim for estate recovery to the person	25665
responsible for the estate of the decedent or the person's legal	25666
representative not later than ninety days after the date on which	25667
the medicaid estate recovery notice form is received under	25668
division (B) of this section or one year after the decedent's	25669
death, whichever is later.	25670

Sec. 2117.25. (A) Every executor or administrator shall	25671
proceed with diligence to pay the debts of the decedent and shall	25672
apply the assets in the following order:	25673

(1) Costs and expenses of administration;

25674

(2) An amount, not exceeding four thousand dollars, for	25675
funeral expenses that are included in the bill of a funeral	25676
director, funeral expenses other than those in the bill of a	25677
funeral director that are approved by the probate court, and an	25678
amount, not exceeding three thousand dollars, for burial and	25679
cemetery expenses, including that portion of the funeral	25680
director's bill allocated to cemetery expenses that have been paid	25681
to the cemetery by the funeral director.	25682

For purposes of division (A)(2) of this section, burial and	25683
cemetery expenses shall be limited to the following:	25684

(a) The purchase of a right of interment;

25685

(b) Monuments or other markers;

25686

25687

(d) The cost of opening and closing the place of interment;

25688

(e) The urn.

25689

(3) The allowance for support made to the surviving spouse,	25690
minor children, or both under section 2106.13 of the Revised Code;	25691

(4) Debts entitled to a preference under the laws of the	25692
United States;	25693

(5) Expenses of the last sickness of the decedent;

25694

(6) If the total bill of a funeral director for funeral	25695
expenses exceeds four thousand dollars, then, in addition to the	25696
amount described in division (A)(2) of this section, an amount,	25697
not exceeding two thousand dollars, for funeral expenses that are	25698
included in the bill and that exceed four thousand dollars;	25699

(7) Expenses of the decedent's last continuous stay in a	25700
nursing home as defined in section 3721.01 of the Revised Code,	25701
residential facility as defined in section 5123.19 of the Revised	25702
Code, or hospital long-term care unit as defined in section	25703
~~3721.50~~5168.40 of the Revised Code.	25704

For purposes of division (A)(7) of this section, a decedent's	25705
last ~~continuance~~continuous stay includes up to thirty consecutive	25706
days during which the decedent was temporarily absent from the	25707
nursing home, residential facility, or hospital long-term care	25708
unit.	25709

(8) Personal property taxes, claims made under the medicaid	25710
estate recovery program instituted pursuant to section ~~5111.11~~	25711
5162.21 of the Revised Code, and obligations for which the	25712
decedent was personally liable to the state or any of its	25713
subdivisions;	25714

(9) Debts for manual labor performed for the decedent within	25715
twelve months preceding the decedent's death, not exceeding three	25716
hundred dollars to any one person;	25717

(10) Other debts for which claims have been presented and	25718
finally allowed.	25719

(B) The part of the bill of a funeral director that exceeds	25720
the total of six thousand dollars as described in divisions (A)(2)	25721
and (6) of this section, and the part of a claim included in	25722
division (A)(9) of this section that exceeds three hundred dollars	25723
shall be included as a debt under division (A)(10) of this	25724
section, depending upon the time when the claim for the additional	25725
amount is presented.	25726

(C) Any natural person or fiduciary who pays a claim of any	25727
creditor described in division (A) of this section shall be	25728
subrogated to the rights of that creditor proportionate to the	25729
amount of the payment and shall be entitled to reimbursement for	25730
that amount in accordance with the priority of payments set forth	25731
in that division.	25732

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	25733
to the manner in which and the time within which claims shall be	25734
presented, shall apply to claims set forth in divisions (A)(2),	25735
(6), and (9) of this section. Claims for an expense of	25736
administration or for the allowance for support need not be	25737
presented. The executor or administrator shall pay debts included	25738
in divisions (A)(4) and (8) of this section, of which the executor	25739
or administrator has knowledge, regardless of presentation.	25740

(2) The giving of written notice to an executor or	25741
administrator of a motion or application to revive an action	25742
pending against the decedent at the date of death shall be	25743
equivalent to the presentation of a claim to the executor or	25744
administrator for the purpose of determining the order of payment	25745
of any judgment rendered or decree entered in such an action.	25746

(E) No payments shall be made to creditors of one class until	25747
all those of the preceding class are fully paid or provided for.	25748
If the assets are insufficient to pay all the claims of one class,	25749
the creditors of that class shall be paid ratably.	25750

(F) If it appears at any time that the assets have been	25751
exhausted in paying prior or preferred charges, allowances, or	25752
claims, those payments shall be a bar to an action on any claim	25753
not entitled to that priority or preference.	25754

Sec. 2133.01. Unless the context otherwise requires, as used	25755
in sections 2133.01 to 2133.15 of the Revised Code:	25756

(A) "Adult" means an individual who is eighteen years of age	25757
or older.	25758

(B) "Attending physician" means the physician to whom a	25759
declarant or other patient, or the family of a declarant or other	25760
patient, has assigned primary responsibility for the treatment or	25761
care of the declarant or other patient, or, if the responsibility	25762
has not been assigned, the physician who has accepted that	25763
responsibility.	25764

25765

(1) Nutrition when administered to diminish the pain or	25766
discomfort of a declarant or other patient, but not to postpone	25767
the declarant's or other patient's death;	25768

(2) Hydration when administered to diminish the pain or	25769
discomfort of a declarant or other patient, but not to postpone	25770
the declarant's or other patient's death;	25771

(3) Any other medical or nursing procedure, treatment,	25772
intervention, or other measure that is taken to diminish the pain	25773
or discomfort of a declarant or other patient, but not to postpone	25774
the declarant's or other patient's death.	25775

(D) "Consulting physician" means a physician who, in	25776
conjunction with the attending physician of a declarant or other	25777
patient, makes one or more determinations that are required to be	25778
made by the attending physician, or to be made by the attending	25779
physician and one other physician, by an applicable provision of	25780
this chapter, to a reasonable degree of medical certainty and in	25781
accordance with reasonable medical standards.	25782

(E) "Declarant" means any adult who has executed a	25783
declaration in accordance with section 2133.02 of the Revised	25784
Code.	25785

(F) "Declaration" means a written document executed in	25786
accordance with section 2133.02 of the Revised Code.	25787

(G) "Durable power of attorney for health care" means a	25788
document created pursuant to sections 1337.11 to 1337.17 of the	25789
Revised Code.	25790

(H) "Guardian" means a person appointed by a probate court	25791
pursuant to Chapter 2111. of the Revised Code to have the care and	25792
management of the person of an incompetent.	25793

(I) "Health care facility" means any of the following:

25794

(1) A hospital;

25795

(2) A hospice care program, pediatric respite care program,	25796
or other institution that specializes in comfort care of patients	25797
in a terminal condition or in a permanently unconscious state;	25798

(3) A nursing home or residential care facility, as defined	25799
in section 3721.01 of the Revised Code;	25800

(4) A home health agency and any residential facility where a	25801
person is receiving care under the direction of a home health	25802
agency;	25803

(5) An intermediate care facility for ~~the mentally retarded~~	25804
individuals with intellectual disabilities.	25805

(J) "Health care personnel" means physicians, nurses,	25806
physician assistants, emergency medical technicians-basic,	25807
emergency medical technicians-intermediate, emergency medical	25808
technicians-paramedic, medical technicians, dietitians, other	25809
authorized persons acting under the direction of an attending	25810
physician, and administrators of health care facilities.	25811

(K) "Home health agency" has the same meaning as in section	25812
3701.881 of the Revised Code.	25813

(L) "Hospice care program" and "pediatric respite care	25814
program" have the same meanings as in section 3712.01 of the	25815
Revised Code.	25816

(M) "Hospital" has the same meanings as in sections 3701.01,	25817
3727.01, and 5122.01 of the Revised Code.	25818

(N) "Hydration" means fluids that are artificially or	25819
technologically administered.	25820

(O) "Incompetent" has the same meaning as in section 2111.01	25821
of the Revised Code.	25822

(P) "Intermediate care facility for ~~the mentally retarded~~	25823
individuals with intellectual disabilities" has the same meaning	25824
as in section ~~5111.20~~5124.01 of the Revised Code.	25825

(Q) "Life-sustaining treatment" means any medical procedure,	25826
treatment, intervention, or other measure that, when administered	25827
to a qualified patient or other patient, will serve principally to	25828
prolong the process of dying.	25829

(R) "Nurse" means a person who is licensed to practice	25830
nursing as a registered nurse or to practice practical nursing as	25831
a licensed practical nurse pursuant to Chapter 4723. of the	25832
Revised Code.	25833

(S) "Nursing home" has the same meaning as in section 3721.01	25834
of the Revised Code.	25835

(T) "Nutrition" means sustenance that is artificially or	25836
technologically administered.	25837

(U) "Permanently unconscious state" means a state of	25838
permanent unconsciousness in a declarant or other patient that, to	25839
a reasonable degree of medical certainty as determined in	25840
accordance with reasonable medical standards by the declarant's or	25841
other patient's attending physician and one other physician who	25842
has examined the declarant or other patient, is characterized by	25843
both of the following:	25844

(1) Irreversible unawareness of one's being and environment.

25845

(2) Total loss of cerebral cortical functioning, resulting in	25846
the declarant or other patient having no capacity to experience	25847
pain or suffering.	25848

(V) "Person" has the same meaning as in section 1.59 of the	25849
Revised Code and additionally includes political subdivisions and	25850
governmental agencies, boards, commissions, departments,	25851
institutions, offices, and other instrumentalities.	25852

(W) "Physician" means a person who is authorized under	25853
Chapter 4731. of the Revised Code to practice medicine and surgery	25854
or osteopathic medicine and surgery.	25855

(X) "Political subdivision" and "state" have the same	25856
meanings as in section 2744.01 of the Revised Code.	25857

(Y) "Professional disciplinary action" means action taken by	25858
the board or other entity that regulates the professional conduct	25859
of health care personnel, including the state medical board and	25860
the board of nursing.	25861

(Z) "Qualified patient" means an adult who has executed a	25862
declaration and has been determined to be in a terminal condition	25863
or in a permanently unconscious state.	25864

(AA) "Terminal condition" means an irreversible, incurable,	25865
and untreatable condition caused by disease, illness, or injury	25866
from which, to a reasonable degree of medical certainty as	25867
determined in accordance with reasonable medical standards by a	25868
declarant's or other patient's attending physician and one other	25869
physician who has examined the declarant or other patient, both of	25870
the following apply:	25871

(1) There can be no recovery.

25872

(2) Death is likely to occur within a relatively short time	25873
if life-sustaining treatment is not administered.	25874

(BB) "Tort action" means a civil action for damages for	25875
injury, death, or loss to person or property, other than a civil	25876
action for damages for breach of a contract or another agreement	25877
between persons.	25878

Sec. 2133.25. (A) The department of health, by rule adopted	25879
pursuant to Chapter 119. of the Revised Code, shall adopt a	25880
standardized method of procedure for the withholding of CPR by	25881
physicians, emergency medical services personnel, and health care	25882
facilities in accordance with sections 2133.21 to 2133.26 of the	25883
Revised Code. The standardized method shall specify criteria for	25884
determining when a do-not-resuscitate order issued by a physician	25885
is current. The standardized method so adopted shall be the	25886
"do-not-resuscitate protocol" for purposes of sections 2133.21 to	25887
2133.26 of the Revised Code. The department also shall approve one	25888
or more standard forms of DNR identification to be used throughout	25889
this state.	25890

(B) The department of health shall adopt rules in accordance	25891
with Chapter 119. of the Revised Code for the administration of	25892
sections 2133.21 to 2133.26 of the Revised Code.	25893

(C) The department of health shall appoint an advisory	25894
committee to advise the department in the development of rules	25895
under this section. The advisory committee shall include, but	25896
shall not be limited to, representatives of each of the following	25897
organizations:	25898

(1) The association for hospitals and health systems (OHA);

25899

(2) The Ohio state medical association;

25900

(3) The Ohio chapter of the American college of emergency	25901
physicians;	25902

(4) The Ohio hospice organization;

25903

(5) The Ohio council for home care;

25904

(6) The Ohio health care association;

25905

(7) The Ohio ambulance association;

25906

(8) The Ohio medical directors association;

25907

(9) The Ohio association of emergency medical services;

25908

(10) The bioethics network of Ohio;

25909

(11) The Ohio nurses association;

25910

(12) The Ohio academy of nursing homes;

25911

(13) The Ohio association of professional firefighters;

25912

(14) The department of developmental disabilities;

25913

(15) The Ohio osteopathic association;

25914

(16) The association of Ohio philanthropic homes, housing and	25915
services for the aging;	25916

(17) The catholic conference of Ohio;

25917

(18) The department of aging;

25918

(19) The department of ~~mental health~~mental health and	25919
addiction services;	25920

(20) The Ohio private residential association;

25921

(21) The northern Ohio fire fighters association.

25922

Sec. 2151.011. (A) As used in the Revised Code:

25923

(1) "Juvenile court" means whichever of the following is	25924
applicable that has jurisdiction under this chapter and Chapter	25925
2152. of the Revised Code:	25926

(a) The division of the court of common pleas specified in	25927
section 2101.022 or 2301.03 of the Revised Code as having	25928
jurisdiction under this chapter and Chapter 2152. of the Revised	25929
Code or as being the juvenile division or the juvenile division	25930
combined with one or more other divisions;	25931

(b) The juvenile court of Cuyahoga county or Hamilton county	25932
that is separately and independently created by section 2151.08 or	25933
Chapter 2153. of the Revised Code and that has jurisdiction under	25934
this chapter and Chapter 2152. of the Revised Code;	25935

(c) If division (A)(1)(a) or (b) of this section does not	25936
apply, the probate division of the court of common pleas.	25937

(2) "Juvenile judge" means a judge of a court having	25938
jurisdiction under this chapter.	25939

(3) "Private child placing agency" means any association, as	25940
defined in section 5103.02 of the Revised Code, that is certified	25941
under section 5103.03 of the Revised Code to accept temporary,	25942
permanent, or legal custody of children and place the children for	25943
either foster care or adoption.	25944

(4) "Private noncustodial agency" means any person,	25945
organization, association, or society certified by the department	25946
of job and family services that does not accept temporary or	25947
permanent legal custody of children, that is privately operated in	25948
this state, and that does one or more of the following:	25949

(a) Receives and cares for children for two or more	25950
consecutive weeks;	25951

(b) Participates in the placement of children in certified	25952
foster homes;	25953

(c) Provides adoption services in conjunction with a public	25954
children services agency or private child placing agency.	25955

(B) As used in this chapter:

25956

(1) "Adequate parental care" means the provision by a child's	25957
parent or parents, guardian, or custodian of adequate food,	25958
clothing, and shelter to ensure the child's health and physical	25959
safety and the provision by a child's parent or parents of	25960
specialized services warranted by the child's physical or mental	25961
needs.	25962

(2) "Adult" means an individual who is eighteen years of age	25963
or older.	25964

(3) "Agreement for temporary custody" means a voluntary	25965
agreement authorized by section 5103.15 of the Revised Code that	25966
transfers the temporary custody of a child to a public children	25967
services agency or a private child placing agency.	25968

(4) "Alternative response" means the public children services	25969
agency's response to a report of child abuse or neglect that	25970
engages the family in a comprehensive evaluation of child safety,	25971
risk of subsequent harm, and family strengths and needs and that	25972
does not include a determination as to whether child abuse or	25973
neglect occurred.	25974

(5) "Certified foster home" means a foster home, as defined	25975
in section 5103.02 of the Revised Code, certified under section	25976
5103.03 of the Revised Code.	25977

(6) "Child" means a person who is under eighteen years of	25978
age, except that the juvenile court has jurisdiction over any	25979
person who is adjudicated an unruly child prior to attaining	25980
eighteen years of age until the person attains twenty-one years of	25981
age, and, for purposes of that jurisdiction related to that	25982
adjudication, a person who is so adjudicated an unruly child shall	25983
be deemed a "child" until the person attains twenty-one years of	25984
age.	25985

(7) "Child day camp," "child care," "child day-care center,"	25986
"part-time child day-care center," "type A family day-care home,"	25987
"certified type B family day-care home," "type B home,"	25988
"administrator of a child day-care center," "administrator of a	25989
type A family day-care home," "in-home aide," and "authorized	25990
provider" have the same meanings as in section 5104.01 of the	25991
Revised Code.	25992

(8) "Child care provider" means an individual who is a	25993
child-care staff member or administrator of a child day-care	25994
center, a type A family day-care home, or a type B family day-care	25995
home, or an in-home aide or an individual who is licensed, is	25996
regulated, is approved, operates under the direction of, or	25997
otherwise is certified by the department of job and family	25998
services, department of developmental disabilities, or the early	25999
childhood programs of the department of education.	26000

(9) "Chronic truant" has the same meaning as in section	26001
2152.02 of the Revised Code.	26002

(10) "Commit" means to vest custody as ordered by the court.

26003

(11) "Counseling" includes both of the following:

26004

(a) General counseling services performed by a public	26005
children services agency or shelter for victims of domestic	26006
violence to assist a child, a child's parents, and a child's	26007
siblings in alleviating identified problems that may cause or have	26008
caused the child to be an abused, neglected, or dependent child.	26009

(b) Psychiatric or psychological therapeutic counseling	26010
services provided to correct or alleviate any mental or emotional	26011
illness or disorder and performed by a licensed psychiatrist,	26012
licensed psychologist, or a person licensed under Chapter 4757. of	26013
the Revised Code to engage in social work or professional	26014
counseling.	26015

(12) "Custodian" means a person who has legal custody of a	26016
child or a public children services agency or private child	26017
placing agency that has permanent, temporary, or legal custody of	26018
a child.	26019

(13) "Delinquent child" has the same meaning as in section	26020
2152.02 of the Revised Code.	26021

(14) "Detention" means the temporary care of children pending	26022
court adjudication or disposition, or execution of a court order,	26023
in a public or private facility designed to physically restrict	26024
the movement and activities of children.	26025

(15) "Developmental disability" has the same meaning as in	26026
section 5123.01 of the Revised Code.	26027

(16) "Differential response approach" means an approach that	26028
a public children services agency may use to respond to accepted	26029
reports of child abuse or neglect with either an alternative	26030
response or a traditional response.	26031

(17) "Foster caregiver" has the same meaning as in section	26032
5103.02 of the Revised Code.	26033

(18) "Guardian" means a person, association, or corporation	26034
that is granted authority by a probate court pursuant to Chapter	26035
2111. of the Revised Code to exercise parental rights over a child	26036
to the extent provided in the court's order and subject to the	26037
residual parental rights of the child's parents.	26038

(19) "Habitual truant" means any child of compulsory school	26039
age who is absent without legitimate excuse for absence from the	26040
public school the child is supposed to attend for five or more	26041
consecutive school days, seven or more school days in one school	26042
month, or twelve or more school days in a school year.	26043

(20) "Juvenile traffic offender" has the same meaning as in	26044
section 2152.02 of the Revised Code.	26045

(21) "Legal custody" means a legal status that vests in the	26046
custodian the right to have physical care and control of the child	26047
and to determine where and with whom the child shall live, and the	26048
right and duty to protect, train, and discipline the child and to	26049
provide the child with food, shelter, education, and medical care,	26050
all subject to any residual parental rights, privileges, and	26051
responsibilities. An individual granted legal custody shall	26052
exercise the rights and responsibilities personally unless	26053
otherwise authorized by any section of the Revised Code or by the	26054
court.	26055

(22) A "legitimate excuse for absence from the public school	26056
the child is supposed to attend" includes, but is not limited to,	26057
any of the following:	26058

(a) The fact that the child in question has enrolled in and	26059
is attending another public or nonpublic school in this or another	26060
state;	26061

(b) The fact that the child in question is excused from	26062
attendance at school for any of the reasons specified in section	26063
3321.04 of the Revised Code;	26064

(c) The fact that the child in question has received an age	26065
and schooling certificate in accordance with section 3331.01 of	26066
the Revised Code.	26067

(23) "Mental illness" and "mentally ill person subject to	26068
hospitalization by court order" have the same meanings as in	26069
section 5122.01 of the Revised Code.	26070

(24) "Mental injury" means any behavioral, cognitive,	26071
emotional, or mental disorder in a child caused by an act or	26072
omission that is described in section 2919.22 of the Revised Code	26073
and is committed by the parent or other person responsible for the	26074
child's care.	26075

(25) "Mentally retarded person" has the same meaning as in	26076
section 5123.01 of the Revised Code.	26077

(26) "Nonsecure care, supervision, or training" means care,	26078
supervision, or training of a child in a facility that does not	26079
confine or prevent movement of the child within the facility or	26080
from the facility.	26081

(27) "Of compulsory school age" has the same meaning as in	26082
section 3321.01 of the Revised Code.	26083

(28) "Organization" means any institution, public,	26084
semipublic, or private, and any private association, society, or	26085
agency located or operating in the state, incorporated or	26086
unincorporated, having among its functions the furnishing of	26087
protective services or care for children, or the placement of	26088
children in certified foster homes or elsewhere.	26089

(29) "Out-of-home care" means detention facilities, shelter	26090
facilities, certified children's crisis care facilities, certified	26091
foster homes, placement in a prospective adoptive home prior to	26092
the issuance of a final decree of adoption, organizations,	26093
certified organizations, child day-care centers, type A family	26094
day-care homes, child care provided by type B family day-care home	26095
providers and by in-home aides, group home providers, group homes,	26096
institutions, state institutions, residential facilities,	26097
residential care facilities, residential camps, day camps, public	26098
schools, chartered nonpublic schools, educational service centers,	26099
hospitals, and medical clinics that are responsible for the care,	26100
physical custody, or control of children.	26101

(30) "Out-of-home care child abuse" means any of the	26102
following when committed by a person responsible for the care of a	26103
child in out-of-home care:	26104

(a) Engaging in sexual activity with a child in the person's	26105
care;	26106

(b) Denial to a child, as a means of punishment, of proper or	26107
necessary subsistence, education, medical care, or other care	26108
necessary for a child's health;	26109

(c) Use of restraint procedures on a child that cause injury	26110
or pain;	26111

(d) Administration of prescription drugs or psychotropic	26112
medication to the child without the written approval and ongoing	26113
supervision of a licensed physician;	26114

(e) Commission of any act, other than by accidental means,	26115
that results in any injury to or death of the child in out-of-home	26116
care or commission of any act by accidental means that results in	26117
an injury to or death of a child in out-of-home care and that is	26118
at variance with the history given of the injury or death.	26119

(31) "Out-of-home care child neglect" means any of the	26120
following when committed by a person responsible for the care of a	26121
child in out-of-home care:	26122

(a) Failure to provide reasonable supervision according to	26123
the standards of care appropriate to the age, mental and physical	26124
condition, or other special needs of the child;	26125

(b) Failure to provide reasonable supervision according to	26126
the standards of care appropriate to the age, mental and physical	26127
condition, or other special needs of the child, that results in	26128
sexual or physical abuse of the child by any person;	26129

26130

(i) Administration of prescription drugs or psychotropic	26131
drugs for the child;	26132

(ii) Assuring that the instructions of the licensed physician	26133
who prescribed a drug for the child are followed;	26134

(iii) Reporting to the licensed physician who prescribed the	26135
drug all unfavorable or dangerous side effects from the use of the	26136
drug.	26137

(d) Failure to provide proper or necessary subsistence,	26138
education, medical care, or other individualized care necessary	26139
for the health or well-being of the child;	26140

(e) Confinement of the child to a locked room without	26141
monitoring by staff;	26142

(f) Failure to provide ongoing security for all prescription	26143
and nonprescription medication;	26144

(g) Isolation of a child for a period of time when there is	26145
substantial risk that the isolation, if continued, will impair or	26146
retard the mental health or physical well-being of the child.	26147

(32) "Permanent custody" means a legal status that vests in a	26148
public children services agency or a private child placing agency,	26149
all parental rights, duties, and obligations, including the right	26150
to consent to adoption, and divests the natural parents or	26151
adoptive parents of all parental rights, privileges, and	26152
obligations, including all residual rights and obligations.	26153

(33) "Permanent surrender" means the act of the parents or,	26154
if a child has only one parent, of the parent of a child, by a	26155
voluntary agreement authorized by section 5103.15 of the Revised	26156
Code, to transfer the permanent custody of the child to a public	26157
children services agency or a private child placing agency.	26158

(34) "Person" means an individual, association, corporation,	26159
or partnership and the state or any of its political subdivisions,	26160
departments, or agencies.	26161

(35) "Person responsible for a child's care in out-of-home	26162
care" means any of the following:	26163

(a) Any foster caregiver, in-home aide, or provider;

26164

(b) Any administrator, employee, or agent of any of the	26165
following: a public or private detention facility; shelter	26166
facility; certified children's crisis care facility; organization;	26167
certified organization; child day-care center; type A family	26168
day-care home; certified type B family day-care home; group home;	26169
institution; state institution; residential facility; residential	26170
care facility; residential camp; day camp; school district;	26171
community school; chartered nonpublic school; educational service	26172
center; hospital; or medical clinic;	26173

(c) Any person who supervises or coaches children as part of	26174
an extracurricular activity sponsored by a school district, public	26175
school, or chartered nonpublic school;	26176

(d) Any other person who performs a similar function with	26177
respect to, or has a similar relationship to, children.	26178

(36) "Physically impaired" means having one or more of the	26179
following conditions that substantially limit one or more of an	26180
individual's major life activities, including self-care, receptive	26181
and expressive language, learning, mobility, and self-direction:	26182

(a) A substantial impairment of vision, speech, or hearing;

26183

(b) A congenital orthopedic impairment;

26184

(c) An orthopedic impairment caused by disease, rheumatic	26185
fever or any other similar chronic or acute health problem, or	26186
amputation or another similar cause.	26187

(37) "Placement for adoption" means the arrangement by a	26188
public children services agency or a private child placing agency	26189
with a person for the care and adoption by that person of a child	26190
of whom the agency has permanent custody.	26191

(38) "Placement in foster care" means the arrangement by a	26192
public children services agency or a private child placing agency	26193
for the out-of-home care of a child of whom the agency has	26194
temporary custody or permanent custody.	26195

(39) "Planned permanent living arrangement" means an order of	26196
a juvenile court pursuant to which both of the following apply:	26197

(a) The court gives legal custody of a child to a public	26198
children services agency or a private child placing agency without	26199
the termination of parental rights.	26200

(b) The order permits the agency to make an appropriate	26201
placement of the child and to enter into a written agreement with	26202
a foster care provider or with another person or agency with whom	26203
the child is placed.	26204

(40) "Practice of social work" and "practice of professional	26205
counseling" have the same meanings as in section 4757.01 of the	26206
Revised Code.	26207

(41) "Sanction, service, or condition" means a sanction,	26208
service, or condition created by court order following an	26209
adjudication that a child is an unruly child that is described in	26210
division (A)(4) of section 2152.19 of the Revised Code.	26211

(42) "Protective supervision" means an order of disposition	26212
pursuant to which the court permits an abused, neglected,	26213
dependent, or unruly child to remain in the custody of the child's	26214
parents, guardian, or custodian and stay in the child's home,	26215
subject to any conditions and limitations upon the child, the	26216
child's parents, guardian, or custodian, or any other person that	26217
the court prescribes, including supervision as directed by the	26218
court for the protection of the child.	26219

(43) "Psychiatrist" has the same meaning as in section	26220
5122.01 of the Revised Code.	26221

(44) "Psychologist" has the same meaning as in section	26222
4732.01 of the Revised Code.	26223

(45) "Residential camp" means a program in which the care,	26224
physical custody, or control of children is accepted overnight for	26225
recreational or recreational and educational purposes.	26226

(46) "Residential care facility" means an institution,	26227
residence, or facility that is licensed by the department of	26228
~~mental health~~mental health and addiction services under section	26229
~~5119.22~~5119.34 of the Revised Code and that provides care for a	26230
child.	26231

(47) "Residential facility" means a home or facility that is	26232
licensed by the department of developmental disabilities under	26233
section 5123.19 of the Revised Code and in which a child with a	26234
developmental disability resides.	26235

(48) "Residual parental rights, privileges, and	26236
responsibilities" means those rights, privileges, and	26237
responsibilities remaining with the natural parent after the	26238
transfer of legal custody of the child, including, but not	26239
necessarily limited to, the privilege of reasonable visitation,	26240
consent to adoption, the privilege to determine the child's	26241
religious affiliation, and the responsibility for support.	26242

(49) "School day" means the school day established by the	26243
state board of education pursuant to section 3313.48 of the	26244
Revised Code.	26245

(50) "School month" and "school year" have the same meanings	26246
as in section 3313.62 of the Revised Code.	26247

(51) "Secure correctional facility" means a facility under	26248
the direction of the department of youth services that is designed	26249
to physically restrict the movement and activities of children and	26250
used for the placement of children after adjudication and	26251
disposition.	26252

(52) "Sexual activity" has the same meaning as in section	26253
2907.01 of the Revised Code.	26254

(53) "Shelter" means the temporary care of children in	26255
physically unrestricted facilities pending court adjudication or	26256
disposition.	26257

(54) "Shelter for victims of domestic violence" has the same	26258
meaning as in section 3113.33 of the Revised Code.	26259

(55) "Temporary custody" means legal custody of a child who	26260
is removed from the child's home, which custody may be terminated	26261
at any time at the discretion of the court or, if the legal	26262
custody is granted in an agreement for temporary custody, by the	26263
person who executed the agreement.	26264

(56) "Traditional response" means a public children services	26265
agency's response to a report of child abuse or neglect that	26266
encourages engagement of the family in a comprehensive evaluation	26267
of the child's current and future safety needs and a fact-finding	26268
process to determine whether child abuse or neglect occurred and	26269
the circumstances surrounding the alleged harm or risk of harm.	26270

(C) For the purposes of this chapter, a child shall be	26271
presumed abandoned when the parents of the child have failed to	26272
visit or maintain contact with the child for more than ninety	26273
days, regardless of whether the parents resume contact with the	26274
child after that period of ninety days.	26275

Sec. 2151.3514. (A) As used in this section:

26276

(1) "~~Alcohol and drug~~Community addiction ~~program~~services	26277
provider" has the same meaning as in section ~~3793.01~~5119.01 of	26278
the Revised Code;	26279

(2) "Chemical dependency" means either of the following:

26280

(a) The chronic and habitual use of alcoholic beverages to	26281
the extent that the user no longer can control the use of alcohol	26282
or endangers the user's health, safety, or welfare or that of	26283
others;	26284

(b) The use of a drug of abuse to the extent that the user	26285
becomes physically or psychologically dependent on the drug or	26286
endangers the user's health, safety, or welfare or that of others.	26287

(3) "Drug of abuse" has the same meaning as in section	26288
3719.011 of the Revised Code.	26289

~~(4) "Medicaid" means the program established under Chapter~~	26290
~~5111. of the Revised Code.~~	26291

(B) If the juvenile court issues an order of temporary	26292
custody or protective supervision under division (A) of section	26293
2151.353 of the Revised Code with respect to a child adjudicated	26294
to be an abused, neglected, or dependent child and the alcohol or	26295
other drug addiction of a parent or other caregiver of the child	26296
was the basis for the adjudication of abuse, neglect, or	26297
dependency, the court shall issue an order requiring the parent or	26298
other caregiver to submit to an assessment and, if needed,	26299
treatment from ~~an alcohol and drug~~a community addiction ~~program~~	26300
services provider certified by the department of ~~alcohol and drug~~	26301
~~addiction services~~mental health and addiction services. The court	26302
may order the parent or other caregiver to submit to alcohol or	26303
other drug testing during, after, or both during and after, the	26304
treatment. The court shall send any order issued pursuant to this	26305
division to the public children services agency that serves the	26306
county in which the court is located for use as described in	26307
section 340.15 of the Revised Code.	26308

(C) Any order requiring alcohol or other drug testing that is	26309
issued pursuant to division (B) of this section shall require one	26310
alcohol or other drug test to be conducted each month during a	26311
period of twelve consecutive months beginning the month	26312
immediately following the month in which the order for alcohol or	26313
other drug testing is issued. Arrangements for administering the	26314
alcohol or other drug tests, as well as funding the costs of the	26315
tests, shall be locally determined in accordance with sections	26316
~~340.033~~340.03 and 340.15 of the Revised Code. If a parent or	26317
other caregiver required to submit to alcohol or other drug tests	26318
under this section is not a recipient of medicaid, the agency that	26319
refers the parent or caregiver for the tests may require the	26320
parent or caregiver to reimburse the agency for the cost of	26321
conducting the tests.	26322

(D) The certified ~~alcohol and drug~~community addiction	26323
~~program~~services provider that conducts any alcohol or other drug	26324
tests ordered in accordance with divisions (B) and (C) of this	26325
section shall send the results of the tests, along with the	26326
~~program's~~provider's recommendations as to the benefits of	26327
continued treatment, to the court and to the public children	26328
services agency providing services to the involved family,	26329
according to federal regulations set forth in 42 C.F.R. Part 2,	26330
and division (B) of section 340.15 of the Revised Code. The court	26331
shall consider the results and the recommendations sent to it	26332
under this division in any adjudication or review by the court,	26333
according to section 2151.353, 2151.414, or 2151.419 of the	26334
Revised Code.	26335

Sec. 2151.362. (A)(1) In the manner prescribed by division	26336
(C)(1) or (2) of section 3313.64 of the Revised Code, as	26337
applicable, the court, at the time of making any order that	26338
removes a child from the child's own home or that vests legal or	26339
permanent custody of the child in a person other than the child's	26340
parent or a government agency, shall determine the school district	26341
that is to bear the cost of educating the child. The court shall	26342
make the determination a part of the order that provides for the	26343
child's placement or commitment. That school district shall bear	26344
the cost of educating the child unless and until the department of	26345
education determines that a different district shall be	26346
responsible for bearing that cost pursuant to division (A)(2) of	26347
this section. The court's order shall state that the determination	26348
of which school district is responsible to bear the cost of	26349
educating the child is subject to re-determination by the	26350
department pursuant to that division.	26351

(2) If, while the child is in the custody of a person other	26352
than the child's parent or a government agency, the department of	26353
education determines that the place of residence of the child's	26354
parent has changed since the court issued its initial order, the	26355
department may name a different school district to bear the cost	26356
of educating the child. The department shall make this new	26357
determination, and any future determinations, based on evidence	26358
received from the school district currently responsible to bear	26359
the cost of educating the child. If the department finds that the	26360
evidence demonstrates to its satisfaction that the residence of	26361
the child's parent has changed since the court issued its initial	26362
order under division (A)(1) of this section, or since the	26363
department last made a determination under division (A)(2) of this	26364
section, the department shall name the district in which the	26365
child's parent currently resides or, if the parent's residence is	26366
not known, the district in which the parent's last known residence	26367
is located. If the department cannot determine any Ohio district	26368
in which the parent currently resides or has resided, the school	26369
district designated in the initial court order under division	26370
(A)(1) of this section, or in the most recent determination made	26371
by the department under division (A)(2) of this section, shall	26372
continue to bear the cost of educating the child.	26373

(B) Whenever a child is placed in a detention facility	26374
established under section 2152.41 of the Revised Code or a	26375
juvenile facility established under section 2151.65 of the Revised	26376
Code, the facility shall be responsible for coordinating the	26377
education of the child. The facility may take any of the following	26378
measures in coordinating the education of the child:	26379

(1) If applicable, use the chartered nonpublic school that	26380
the facility operates;	26381

(2) Arrange with the school district responsible for bearing	26382
the cost of educating the child determined under division (A) of	26383
this section, for the facility to educate the child on its own;	26384

(3) Contract with an educational service center for the	26385
service center to educate the child;	26386

(4) Contract with the school district in which the facility	26387
is located for that school district to educate the child.	26388

However, the child's school district as determined by the	26389
court or the department, in the same manner as prescribed in	26390
division (A) of this section, shall pay the cost of educating the	26391
child based on the per capita cost of the educational facility	26392
within the detention home or juvenile facility.	26393

(C) Whenever a child is placed by the court in a private	26394
institution, school, or residential treatment center or any other	26395
private facility, the state shall pay to the court a subsidy to	26396
help defray the expense of educating the child in an amount equal	26397
to the product of the daily per capita educational cost of the	26398
private facility, as determined pursuant to this section, and the	26399
number of days the child resides at the private facility, provided	26400
that the subsidy shall not exceed twenty-five hundred dollars per	26401
year per child. The daily per capita educational cost of a private	26402
facility shall be determined by dividing the actual program cost	26403
of the private facility or twenty-five hundred dollars, whichever	26404
is less, by three hundred sixty-five days or by three hundred	26405
sixty-six days for years that include February twenty-ninth. The	26406
state shall pay seventy-five per cent of the total subsidy for	26407
each year quarterly to the court. The state may adjust the	26408
remaining twenty-five per cent of the total subsidy to be paid to	26409
the court for each year to an amount that is less than twenty-five	26410
per cent of the total subsidy for that year based upon the	26411
availability of funds appropriated to the department of education	26412
for the purpose of subsidizing courts that place a child in a	26413
private institution, school, or residential treatment center or	26414
any other private facility and shall pay that adjusted amount to	26415
the court at the end of the year.	26416

Sec. 2151.83. (A) A public children services agency or	26417
private child placing agency, on the request of a young adult,	26418
shall enter into a jointly prepared written agreement with the	26419
young adult that obligates the agency to ensure that independent	26420
living services are provided to the young adult and sets forth the	26421
responsibilities of the young adult regarding the services. The	26422
agreement shall be developed based on the young adult's strengths,	26423
needs, and circumstances. The agreement shall be designed to	26424
promote the young adult's successful transition to independent	26425
adult living and emotional and economic self-sufficiency.	26426

(B) If the young adult appears to be eligible for services	26427
from one or more of the following entities, the agency must	26428
contact the appropriate entity to determine eligibility:	26429

(1) An entity, other than the agency, that is represented on	26430
a county family and children first council established pursuant to	26431
section 121.37 of the Revised Code. If the entity is a board of	26432
alcohol, drug addiction, and mental health services, an alcohol	26433
and drug addiction services board, or a community mental health	26434
board, the agency shall contact the provider of alcohol, drug	26435
addiction, or mental health services that has been designated by	26436
the board to determine the young adult's eligibility for services.	26437

(2) The ~~rehabilitation services commission~~opportunities for	26438
Ohioans with disabilities agency;	26439

(3) A metropolitan housing authority established pursuant to	26440
section 3735.27 of the Revised Code.	26441

If an entity described in this division determines that the	26442
young adult qualifies for services from the entity, that entity,	26443
the young adult, and the agency to which the young adult made the	26444
request for independent living services shall enter into a written	26445
addendum to the jointly prepared agreement entered into under	26446
division (A) of this section. The addendum shall indicate how	26447
services under the agreement and addendum are to be coordinated	26448
and allocate the service responsibilities among the entities and	26449
agency that signed the addendum.	26450

Sec. 2152.54. (A) An evaluation of a child who does not	26451
appear to the court to be a person who is at least moderately	26452
intellectually disabled shall be made by an evaluator who is one	26453
of the following:	26454

(1) A professional employed by a psychiatric facility or	26455
center certified by the department of ~~mental health~~mental health	26456
and addiction services to provide forensic services and appointed	26457
by the director of the facility or center to conduct the	26458
evaluation;	26459

(2) A psychiatrist or a licensed clinical psychologist who	26460
satisfies the criteria of division (I)(1) of section 5122.01 of	26461
the Revised Code and has specialized education, training, or	26462
experience in forensic evaluations of children or adolescents.	26463

(B) An evaluation of a child who appears to the court to be a	26464
person who is at least moderately intellectually disabled shall be	26465
made by a psychiatrist or licensed clinical psychologist who	26466
satisfies the criteria of division (I)(1) of section 5122.01 of	26467
the Revised Code and has specialized education, training, or	26468
experience in forensic evaluations of children or adolescents who	26469
have intellectual disability.	26470

(C) If an evaluation is conducted by an evaluator of the type	26471
described in division (A)(1) or (2) of this section and the	26472
evaluator concludes that the child is a person who is at least	26473
moderately intellectually disabled, the evaluator shall	26474
discontinue the evaluation and notify the court within one	26475
business day after reaching the conclusion. Within two business	26476
days after receiving notification, the court shall order the child	26477
to undergo an evaluation by an evaluator of the type described in	26478
division (B) of this section. Within two business days after the	26479
appointment of the new evaluator, the original evaluator shall	26480
deliver to the new evaluator all information relating to the child	26481
obtained during the original evaluation.	26482

Sec. 2152.59. (A) If after a hearing held pursuant to	26483
section 2152.58 of the Revised Code the court determines that a	26484
child is competent, the court shall proceed with the delinquent	26485
child's proceeding as provided by law. No statement that a child	26486
makes during an evaluation or hearing conducted under sections	26487
2152.51 through 2152.59 of the Revised Code shall be used against	26488
the child on the issue of responsibility or guilt in any child or	26489
adult proceeding.	26490

(B) If after a hearing held pursuant to section 2152.58 of	26491
the Revised Code the court determines that the child is not	26492
competent and cannot attain competency within the period of time	26493
applicable under division (D)(2) of this section, the court shall	26494
dismiss the charges without prejudice, except that the court may	26495
delay dismissal for up to ninety calendar days and do either of	26496
the following:	26497

(1) Refer the matter to a public children services agency and	26498
request that agency determine whether to file an action in	26499
accordance with section 2151.27 of the Revised Code alleging that	26500
the child is a dependent, neglected, or abused child;	26501

(2) Assign court staff to refer the child or the child's	26502
family to the local family and children first council or an agency	26503
funded by the department of ~~mental health~~mental health and	26504
addiction services or department of developmental disabilities or	26505
otherwise secure services to reduce the potential that the child	26506
would engage in behavior that could result in delinquent child or	26507
other criminal charges.	26508

(C) If after a hearing held pursuant to section 2152.58 of	26509
the Revised Code the court determines that a child is not	26510
competent but could likely attain competency by participating in	26511
services specifically designed to help the child develop	26512
competency, the court may order the child to participate in	26513
services specifically designed to help the child develop	26514
competency at county expense. The court shall name a reliable	26515
provider to deliver the competency attainment services and shall	26516
order the child's parent, guardian, or custodian to contact that	26517
provider by a specified date to arrange for services.	26518

(D) The competency attainment services provided to a child	26519
shall be based on a competency attainment plan described in	26520
division (E)(2) of this section and approved by the court.	26521
Services are subject to the following conditions and time periods	26522
measured from the date the court approves the plan:	26523

(1) Services shall be provided in the least restrictive	26524
setting that is consistent with the child's ability to attain	26525
competency and the safety of both the child and the community. If	26526
the child has been released on temporary or interim orders and	26527
refuses or fails to cooperate with the service provider, the court	26528
may reassess the orders and amend them to require a more	26529
appropriate setting.	26530

(2) No child shall be required to participate in competency	26531
attainment services for longer than is required for the child to	26532
attain competency. The following maximum periods of participation	26533
apply:	26534

(a) If a child is ordered to participate in competency	26535
attainment services that are provided outside of a residential	26536
setting, the child shall not participate in those services for a	26537
period exceeding three months if the child is charged with an act	26538
that would be a misdemeanor if committed by an adult, six months	26539
if the child is charged with an act that would be a felony of the	26540
third, fourth, or fifth degree if committed by an adult, or one	26541
year if the child is charged with an act that would be a felony of	26542
the first or second degree, aggravated murder, or murder if	26543
committed by an adult.	26544

(b) If a child is ordered to receive competency attainment	26545
services that are provided in a residential setting that is	26546
operated solely or in part for the purpose of providing competency	26547
attainment services, the child shall not participate in those	26548
services for a period exceeding forty-five calendar days if the	26549
child is charged with an act that would be a misdemeanor if	26550
committed by an adult, three months if the child is charged with	26551
an act that would be a felony of the third, fourth, or fifth	26552
degree if committed by an adult, six months if the child is	26553
charged with an act that would be a felony of the first or second	26554
degree if committed by an adult, or one year if the child is	26555
charged with an act that would be aggravated murder or murder if	26556
committed by an adult.	26557

(c) If a child is ordered into a residential, detention, or	26558
other secured setting for reasons other than to participate in	26559
competency attainment services and is also ordered to participate	26560
in competency attainment services concurrently, the child shall	26561
participate in the competency attainment services for not longer	26562
than the relevant period set forth in division (D)(2)(a) of this	26563
section.	26564

(d) If a child is ordered to participate in competency	26565
attainment services that require the child to live for some but	26566
not all of the duration of the services in a residential setting	26567
that is operated solely or in part for the purpose of providing	26568
competency attainment services, the child shall participate in the	26569
competency attainment services for not longer than the relevant	26570
period set forth in division (D)(2)(b) of this section. For the	26571
purpose of calculating a time period under division (D)(2)(d) of	26572
this section, two days of participation in a nonresidential	26573
setting shall equal one day of participation in a residential	26574
setting.	26575

(3) A child who receives competency attainment services in a	26576
residential setting that is operated solely or partly for the	26577
purpose of providing competency attainment services is in	26578
detention for purposes of section 2921.34 and division (B) of	26579
section 2152.18 of the Revised Code during the time that the child	26580
resides in the residential setting.	26581

(E)(1) Within ten business days after the court names the	26582
provider responsible for the child's competency attainment	26583
services under division (D) of this section, the court shall	26584
deliver to that provider a copy of each competency assessment	26585
report it has received for review. The provider shall return the	26586
copies of the reports to the court upon the termination of the	26587
services.	26588

(2) Not later than thirty calendar days after the child	26589
contacts the competency attainment services provider under	26590
division (C) of this section, the provider shall submit to the	26591
court a plan for the child to attain competency. The court shall	26592
provide copies of the plan to the prosecuting attorney, the	26593
child's attorney, the child's guardian ad litem, if any, and the	26594
child's parents, guardian, or custodian.	26595

(F) The provider that provides the child's competency	26596
attainment services pursuant to the competency attainment plan	26597
shall submit reports to the court on the following schedule:	26598

(1) A report on the child's progress every thirty calendar	26599
days and on the termination of services. The report shall not	26600
include any details of the alleged offense as reported by the	26601
child.	26602

(2) If the provider determines that the child is not	26603
cooperating to a degree that would allow the services to be	26604
effective to help the child attain competency, a report informing	26605
the court of the determination within three business days after	26606
making the determination;	26607

(3) If the provider determines that the current setting is no	26608
longer the least restrictive setting that is consistent with the	26609
child's ability to attain competency and the safety of both the	26610
child and the community, a report informing the court of the	26611
determination within three business days after making the	26612
determination;	26613

(4) If the provider determines that the child has achieved	26614
the goals of the plan and would be able to understand the nature	26615
and objectives of the proceeding against the child and to assist	26616
in the child's defense, with or without reasonable accommodations	26617
to meet the criteria set forth in division (B) of section 2152.56	26618
of the Revised Code, a report informing the court of that	26619
determination within three business days after making the	26620
determination. If the provider believes that accommodations would	26621
be necessary or desirable, the report shall include	26622
recommendations for accommodations.	26623

(5) If the provider determines that the child will not	26624
achieve the goals of the plan within the applicable period of time	26625
under division (D)(2) of this section, a report informing the	26626
court of the determination within three business days after making	26627
the determination. The report shall include recommendations for	26628
services for the child that would support the safety of the child	26629
or the community.	26630

(G) The court shall provide copies of any report made under	26631
division (F) of this section to the prosecuting attorney, the	26632
child's attorney, and the child's guardian ad litem, if any. The	26633
court shall provide copies of any report made under division (F)	26634
of this section to the child's parents, guardian, or custodian	26635
unless the court finds that doing so is not in the best interest	26636
of the child.	26637

(H)(1) Within fifteen business days after receiving a report	26638
under division (F) of this section, the court may hold a hearing	26639
to determine if a new order is necessary. To assist in making a	26640
determination under division (H) of this section, the court may	26641
order a new competency evaluation in accordance with section	26642
2152.53 of the Revised Code. Until a new order is issued or the	26643
required period of participation expires, the child shall continue	26644
to participate in competency attainment services.	26645

(2) If after a hearing held under division (H)(1) of this	26646
section the court determines that the child is not making progress	26647
toward competency or is so uncooperative that attainment services	26648
cannot be effective, the court may order a change in setting or	26649
services that would help the child attain competency within the	26650
relevant period of time under division (D)(2) of this section.	26651

(3) If after a hearing held under division (H)(1) of this	26652
section the court determines that the child has not or will not	26653
attain competency within the relevant period of time under	26654
division (D)(2) of this section, the court shall dismiss the	26655
delinquency complaint without prejudice, except that the court may	26656
delay dismissal for up to ninety calendar days and do either of	26657
the following:	26658

(a) Refer the matter to a public children services agency and	26659
request that agency determine whether to file an action in	26660
accordance with section 2151.27 of the Revised Code alleging that	26661
the child is a dependent, neglected, or abused child;	26662

(b) Assign court staff to refer the child or the child's	26663
family to the local family and children first council or an agency	26664
funded by the department of ~~mental health~~mental health and	26665
addiction services or department of developmental disabilities or	26666
otherwise secure services to reduce the potential that the child	26667
would engage in behavior that could result in delinquency or other	26668
criminal charges.	26669

(4) A dismissal under division (H)(3) of this section does	26670
not preclude a future delinquent child proceeding or criminal	26671
prosecution as provided under section 2151.23 of the Revised Code	26672
if the child eventually attains competency.	26673

(5) If after a hearing held under division (H)(1) of this	26674
section the court determines that the child has attained	26675
competency, the court shall proceed with the delinquent child's	26676
proceeding in accordance with division (A) of this section.	26677

(6) A dismissal under this section does not bar a civil	26678
action based on the acts or omissions that formed the basis of the	26679
complaint.	26680

Sec. 2307.65. (A) The attorney general may bring a civil	26681
action in the Franklin county court of common pleas on behalf of	26682
the department of ~~job and family services~~medicaid, and the	26683
prosecuting attorney of the county in which a violation of	26684
division (B) of section 2913.401 of the Revised Code occurs may	26685
bring a civil action in the court of common pleas of that county	26686
on behalf of the county department of job and family services,	26687
against a person who violates division (B) of section 2913.401 of	26688
the Revised Code for the recovery of the amount of benefits paid	26689
on behalf of a person that either department would not have paid	26690
but for the violation minus any amounts paid in restitution under	26691
division (C)(2) of section 2913.401 of the Revised Code and for	26692
reasonable attorney's fees and all other fees and costs of	26693
litigation.	26694

(B) In a civil action brought under division (A) of this	26695
section, if the defendant failed to disclose a transfer of	26696
property in violation of division (B)(3) of section 2913.401 of	26697
the Revised Code, the court may also grant any of the following	26698
relief to the extent permitted by the "Social Security Act,"	26699
section 1917, 42 U.S.C. 1396p:	26700

(1) Avoidance of the transfer of property that was not	26701
disclosed in violation of division (B)(3) of section 2913.401 of	26702
the Revised Code to the extent of the amount of benefits the	26703
department would not have paid but for the violation;	26704

(2) An order of attachment or garnishment against the	26705
property in accordance with Chapter 2715. or 2716. of the Revised	26706
Code;	26707

(3) An injunction against any further disposition by the	26708
transferor or transferee, or both, of the property the transfer of	26709
which was not disclosed in violation of division (B)(3) of section	26710
2913.401 of the Revised Code or against the disposition of other	26711
property by the transferor or transferee;	26712

(4) Appointment of a receiver to take charge of the property	26713
transferred or of other property of the transferee;	26714

(5) Any other relief that the court considers just and	26715
equitable.	26716

(C) To the extent permitted by the "Social Security Act,"	26717
section 1917, 42 U.S.C. 1396p, the department of ~~job and family~~	26718
~~services~~medicaid or the county department of job and family	26719
services may enforce a judgment obtained under this section by	26720
levying on property the transfer of which was not disclosed in	26721
violation of division (B)(3) of section 2913.401 of the Revised	26722
Code or on the proceeds of the transfer of that property in	26723
accordance with Chapter 2329. of the Revised Code.	26724

(D) The remedies provided in divisions (B) and (C) of this	26725
section do not apply if the transferee of the property the	26726
transfer of which was not disclosed in violation of division	26727
(B)(3) of section 2913.401 of the Revised Code acquired the	26728
property in good faith and for fair market value.	26729

(E) The remedies provided in this section are not exclusive	26730
and do not preclude the use of any other criminal or civil remedy	26731
for any act that is in violation of section 2913.401 of the	26732
Revised Code.	26733

(F) Amounts of medicaid benefits paid and recovered in an	26734
action brought under this section shall be credited to the general	26735
revenue fund, and any applicable federal share shall be returned	26736
to the appropriate agency or department of the United States.	26737

Sec. 2317.02. The following persons shall not testify in	26738
certain respects:	26739

(A)(1) An attorney, concerning a communication made to the	26740
attorney by a client in that relation or concerning the attorney's	26741
advice to a client, except that the attorney may testify by	26742
express consent of the client or, if the client is deceased, by	26743
the express consent of the surviving spouse or the executor or	26744
administrator of the estate of the deceased client. However, if	26745
the client voluntarily reveals the substance of attorney-client	26746
communications in a nonprivileged context or is deemed by section	26747
2151.421 of the Revised Code to have waived any testimonial	26748
privilege under this division, the attorney may be compelled to	26749
testify on the same subject.	26750

The testimonial privilege established under this division	26751
does not apply concerning a communication between a client who has	26752
since died and the deceased client's attorney if the communication	26753
is relevant to a dispute between parties who claim through that	26754
deceased client, regardless of whether the claims are by testate	26755
or intestate succession or by inter vivos transaction, and the	26756
dispute addresses the competency of the deceased client when the	26757
deceased client executed a document that is the basis of the	26758
dispute or whether the deceased client was a victim of fraud,	26759
undue influence, or duress when the deceased client executed a	26760
document that is the basis of the dispute.	26761

(2) An attorney, concerning a communication made to the	26762
attorney by a client in that relationship or the attorney's advice	26763
to a client, except that if the client is an insurance company,	26764
the attorney may be compelled to testify, subject to an in camera	26765
inspection by a court, about communications made by the client to	26766
the attorney or by the attorney to the client that are related to	26767
the attorney's aiding or furthering an ongoing or future	26768
commission of bad faith by the client, if the party seeking	26769
disclosure of the communications has made a prima-facie showing of	26770
bad faith, fraud, or criminal misconduct by the client.	26771

(B)(1) A physician or a dentist concerning a communication	26772
made to the physician or dentist by a patient in that relation or	26773
the physician's or dentist's advice to a patient, except as	26774
otherwise provided in this division, division (B)(2), and division	26775
(B)(3) of this section, and except that, if the patient is deemed	26776
by section 2151.421 of the Revised Code to have waived any	26777
testimonial privilege under this division, the physician may be	26778
compelled to testify on the same subject.	26779

The testimonial privilege established under this division	26780
does not apply, and a physician or dentist may testify or may be	26781
compelled to testify, in any of the following circumstances:	26782

(a) In any civil action, in accordance with the discovery	26783
provisions of the Rules of Civil Procedure in connection with a	26784
civil action, or in connection with a claim under Chapter 4123. of	26785
the Revised Code, under any of the following circumstances:	26786

(i) If the patient or the guardian or other legal	26787
representative of the patient gives express consent;	26788

(ii) If the patient is deceased, the spouse of the patient or	26789
the executor or administrator of the patient's estate gives	26790
express consent;	26791

(iii) If a medical claim, dental claim, chiropractic claim,	26792
or optometric claim, as defined in section 2305.113 of the Revised	26793
Code, an action for wrongful death, any other type of civil	26794
action, or a claim under Chapter 4123. of the Revised Code is	26795
filed by the patient, the personal representative of the estate of	26796
the patient if deceased, or the patient's guardian or other legal	26797
representative.	26798

(b) In any civil action concerning court-ordered treatment or	26799
services received by a patient, if the court-ordered treatment or	26800
services were ordered as part of a case plan journalized under	26801
section 2151.412 of the Revised Code or the court-ordered	26802
treatment or services are necessary or relevant to dependency,	26803
neglect, or abuse or temporary or permanent custody proceedings	26804
under Chapter 2151. of the Revised Code.	26805

(c) In any criminal action concerning any test or the results	26806
of any test that determines the presence or concentration of	26807
alcohol, a drug of abuse, a combination of them, a controlled	26808
substance, or a metabolite of a controlled substance in the	26809
patient's whole blood, blood serum or plasma, breath, urine, or	26810
other bodily substance at any time relevant to the criminal	26811
offense in question.	26812

(d) In any criminal action against a physician or dentist. In	26813
such an action, the testimonial privilege established under this	26814
division does not prohibit the admission into evidence, in	26815
accordance with the Rules of Evidence, of a patient's medical or	26816
dental records or other communications between a patient and the	26817
physician or dentist that are related to the action and obtained	26818
by subpoena, search warrant, or other lawful means. A court that	26819
permits or compels a physician or dentist to testify in such an	26820
action or permits the introduction into evidence of patient	26821
records or other communications in such an action shall require	26822
that appropriate measures be taken to ensure that the	26823
confidentiality of any patient named or otherwise identified in	26824
the records is maintained. Measures to ensure confidentiality that	26825
may be taken by the court include sealing its records or deleting	26826
specific information from its records.	26827

(e)(i) If the communication was between a patient who has	26828
since died and the deceased patient's physician or dentist, the	26829
communication is relevant to a dispute between parties who claim	26830
through that deceased patient, regardless of whether the claims	26831
are by testate or intestate succession or by inter vivos	26832
transaction, and the dispute addresses the competency of the	26833
deceased patient when the deceased patient executed a document	26834
that is the basis of the dispute or whether the deceased patient	26835
was a victim of fraud, undue influence, or duress when the	26836
deceased patient executed a document that is the basis of the	26837
dispute.	26838

(ii) If neither the spouse of a patient nor the executor or	26839
administrator of that patient's estate gives consent under	26840
division (B)(1)(a)(ii) of this section, testimony or the	26841
disclosure of the patient's medical records by a physician,	26842
dentist, or other health care provider under division (B)(1)(e)(i)	26843
of this section is a permitted use or disclosure of protected	26844
health information, as defined in 45 C.F.R. 160.103, and an	26845
authorization or opportunity to be heard shall not be required.	26846

(iii) Division (B)(1)(e)(i) of this section does not require	26847
a mental health professional to disclose psychotherapy notes, as	26848
defined in 45 C.F.R. 164.501.	26849

(iv) An interested person who objects to testimony or	26850
disclosure under division (B)(1)(e)(i) of this section may seek a	26851
protective order pursuant to Civil Rule 26.	26852

(v) A person to whom protected health information is	26853
disclosed under division (B)(1)(e)(i) of this section shall not	26854
use or disclose the protected health information for any purpose	26855
other than the litigation or proceeding for which the information	26856
was requested and shall return the protected health information to	26857
the covered entity or destroy the protected health information,	26858
including all copies made, at the conclusion of the litigation or	26859
proceeding.	26860

(2)(a) If any law enforcement officer submits a written	26861
statement to a health care provider that states that an official	26862
criminal investigation has begun regarding a specified person or	26863
that a criminal action or proceeding has been commenced against a	26864
specified person, that requests the provider to supply to the	26865
officer copies of any records the provider possesses that pertain	26866
to any test or the results of any test administered to the	26867
specified person to determine the presence or concentration of	26868
alcohol, a drug of abuse, a combination of them, a controlled	26869
substance, or a metabolite of a controlled substance in the	26870
person's whole blood, blood serum or plasma, breath, or urine at	26871
any time relevant to the criminal offense in question, and that	26872
conforms to section 2317.022 of the Revised Code, the provider,	26873
except to the extent specifically prohibited by any law of this	26874
state or of the United States, shall supply to the officer a copy	26875
of any of the requested records the provider possesses. If the	26876
health care provider does not possess any of the requested	26877
records, the provider shall give the officer a written statement	26878
that indicates that the provider does not possess any of the	26879
requested records.	26880

(b) If a health care provider possesses any records of the	26881
type described in division (B)(2)(a) of this section regarding the	26882
person in question at any time relevant to the criminal offense in	26883
question, in lieu of personally testifying as to the results of	26884
the test in question, the custodian of the records may submit a	26885
certified copy of the records, and, upon its submission, the	26886
certified copy is qualified as authentic evidence and may be	26887
admitted as evidence in accordance with the Rules of Evidence.	26888
Division (A) of section 2317.422 of the Revised Code does not	26889
apply to any certified copy of records submitted in accordance	26890
with this division. Nothing in this division shall be construed to	26891
limit the right of any party to call as a witness the person who	26892
administered the test to which the records pertain, the person	26893
under whose supervision the test was administered, the custodian	26894
of the records, the person who made the records, or the person	26895
under whose supervision the records were made.	26896

(3)(a) If the testimonial privilege described in division	26897
(B)(1) of this section does not apply as provided in division	26898
(B)(1)(a)(iii) of this section, a physician or dentist may be	26899
compelled to testify or to submit to discovery under the Rules of	26900
Civil Procedure only as to a communication made to the physician	26901
or dentist by the patient in question in that relation, or the	26902
physician's or dentist's advice to the patient in question, that	26903
related causally or historically to physical or mental injuries	26904
that are relevant to issues in the medical claim, dental claim,	26905
chiropractic claim, or optometric claim, action for wrongful	26906
death, other civil action, or claim under Chapter 4123. of the	26907
Revised Code.	26908

(b) If the testimonial privilege described in division (B)(1)	26909
of this section does not apply to a physician or dentist as	26910
provided in division (B)(1)(c) of this section, the physician or	26911
dentist, in lieu of personally testifying as to the results of the	26912
test in question, may submit a certified copy of those results,	26913
and, upon its submission, the certified copy is qualified as	26914
authentic evidence and may be admitted as evidence in accordance	26915
with the Rules of Evidence. Division (A) of section 2317.422 of	26916
the Revised Code does not apply to any certified copy of results	26917
submitted in accordance with this division. Nothing in this	26918
division shall be construed to limit the right of any party to	26919
call as a witness the person who administered the test in	26920
question, the person under whose supervision the test was	26921
administered, the custodian of the results of the test, the person	26922
who compiled the results, or the person under whose supervision	26923
the results were compiled.	26924

(4) The testimonial privilege described in division (B)(1) of	26925
this section is not waived when a communication is made by a	26926
physician to a pharmacist or when there is communication between a	26927
patient and a pharmacist in furtherance of the physician-patient	26928
relation.	26929

(5)(a) As used in divisions (B)(1) to (4) of this section,	26930
"communication" means acquiring, recording, or transmitting any	26931
information, in any manner, concerning any facts, opinions, or	26932
statements necessary to enable a physician or dentist to diagnose,	26933
treat, prescribe, or act for a patient. A "communication" may	26934
include, but is not limited to, any medical or dental, office, or	26935
hospital communication such as a record, chart, letter,	26936
memorandum, laboratory test and results, x-ray, photograph,	26937
financial statement, diagnosis, or prognosis.	26938

(b) As used in division (B)(2) of this section, "health care	26939
provider" means a hospital, ambulatory care facility, long-term	26940
care facility, pharmacy, emergency facility, or health care	26941
practitioner.	26942

26943

(i) "Ambulatory care facility" means a facility that provides	26944
medical, diagnostic, or surgical treatment to patients who do not	26945
require hospitalization, including a dialysis center, ambulatory	26946
surgical facility, cardiac catheterization facility, diagnostic	26947
imaging center, extracorporeal shock wave lithotripsy center, home	26948
health agency, inpatient hospice, birthing center, radiation	26949
therapy center, emergency facility, and an urgent care center.	26950
"Ambulatory health care facility" does not include the private	26951
office of a physician or dentist, whether the office is for an	26952
individual or group practice.	26953

(ii) "Emergency facility" means a hospital emergency	26954
department or any other facility that provides emergency medical	26955
services.	26956

(iii) "Health care practitioner" has the same meaning as in	26957
section 4769.01 of the Revised Code.	26958

(iv) "Hospital" has the same meaning as in section 3727.01 of	26959
the Revised Code.	26960

(v) "Long-term care facility" means a nursing home,	26961
residential care facility, or home for the aging, as those terms	26962
are defined in section 3721.01 of the Revised Code; a residential	26963
facility licensed under section ~~5119.22~~5119.34 of the Revised	26964
Code that provides accommodations, supervision, and personal care	26965
services for three to sixteen unrelated adults; a nursing facility	26966
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	26967
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	26968
a ~~facility or portion of a facility certified as a~~ skilled	26969
nursing facility ~~under Title XVIII of the "Social Security Act,"~~	26970
~~49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in	26971
section 5165.01 of the Revised Code; and an intermediate care	26972
facility for individuals with intellectual disabilities, as	26973
defined in section 5124.01 of the Revised Code.	26974

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	26975
the Revised Code.	26976

(d) As used in divisions (B)(1) and (2) of this section,	26977
"drug of abuse" has the same meaning as in section 4506.01 of the	26978
Revised Code.	26979

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	26980
apply to doctors of medicine, doctors of osteopathic medicine,	26981
doctors of podiatry, and dentists.	26982

(7) Nothing in divisions (B)(1) to (6) of this section	26983
affects, or shall be construed as affecting, the immunity from	26984
civil liability conferred by section 307.628 of the Revised Code	26985
or the immunity from civil liability conferred by section 2305.33	26986
of the Revised Code upon physicians who report an employee's use	26987
of a drug of abuse, or a condition of an employee other than one	26988
involving the use of a drug of abuse, to the employer of the	26989
employee in accordance with division (B) of that section. As used	26990
in division (B)(7) of this section, "employee," "employer," and	26991
"physician" have the same meanings as in section 2305.33 of the	26992
Revised Code.	26993

(C)(1) A cleric, when the cleric remains accountable to the	26994
authority of that cleric's church, denomination, or sect,	26995
concerning a confession made, or any information confidentially	26996
communicated, to the cleric for a religious counseling purpose in	26997
the cleric's professional character. The cleric may testify by	26998
express consent of the person making the communication, except	26999
when the disclosure of the information is in violation of a sacred	27000
trust and except that, if the person voluntarily testifies or is	27001
deemed by division (A)(4)(c) of section 2151.421 of the Revised	27002
Code to have waived any testimonial privilege under this division,	27003
the cleric may be compelled to testify on the same subject except	27004
when disclosure of the information is in violation of a sacred	27005
trust.	27006

(2) As used in division (C) of this section:

27007

(a) "Cleric" means a member of the clergy, rabbi, priest,	27008
Christian Science practitioner, or regularly ordained, accredited,	27009
or licensed minister of an established and legally cognizable	27010
church, denomination, or sect.	27011

(b) "Sacred trust" means a confession or confidential	27012
communication made to a cleric in the cleric's ecclesiastical	27013
capacity in the course of discipline enjoined by the church to	27014
which the cleric belongs, including, but not limited to, the	27015
Catholic Church, if both of the following apply:	27016

(i) The confession or confidential communication was made	27017
directly to the cleric.	27018

(ii) The confession or confidential communication was made in	27019
the manner and context that places the cleric specifically and	27020
strictly under a level of confidentiality that is considered	27021
inviolate by canon law or church doctrine.	27022

(D) Husband or wife, concerning any communication made by one	27023
to the other, or an act done by either in the presence of the	27024
other, during coverture, unless the communication was made, or act	27025
done, in the known presence or hearing of a third person competent	27026
to be a witness; and such rule is the same if the marital relation	27027
has ceased to exist;	27028

(E) A person who assigns a claim or interest, concerning any	27029
matter in respect to which the person would not, if a party, be	27030
permitted to testify;	27031

(F) A person who, if a party, would be restricted under	27032
section 2317.03 of the Revised Code, when the property or thing is	27033
sold or transferred by an executor, administrator, guardian,	27034
trustee, heir, devisee, or legatee, shall be restricted in the	27035
same manner in any action or proceeding concerning the property or	27036
thing.	27037

(G)(1) A school guidance counselor who holds a valid educator	27038
license from the state board of education as provided for in	27039
section 3319.22 of the Revised Code, a person licensed under	27040
Chapter 4757. of the Revised Code as a professional clinical	27041
counselor, professional counselor, social worker, independent	27042
social worker, marriage and family therapist or independent	27043
marriage and family therapist, or registered under Chapter 4757.	27044
of the Revised Code as a social work assistant concerning a	27045
confidential communication received from a client in that relation	27046
or the person's advice to a client unless any of the following	27047
applies:	27048

(a) The communication or advice indicates clear and present	27049
danger to the client or other persons. For the purposes of this	27050
division, cases in which there are indications of present or past	27051
child abuse or neglect of the client constitute a clear and	27052
present danger.	27053

(b) The client gives express consent to the testimony.

27054

(c) If the client is deceased, the surviving spouse or the	27055
executor or administrator of the estate of the deceased client	27056
gives express consent.	27057

(d) The client voluntarily testifies, in which case the	27058
school guidance counselor or person licensed or registered under	27059
Chapter 4757. of the Revised Code may be compelled to testify on	27060
the same subject.	27061

(e) The court in camera determines that the information	27062
communicated by the client is not germane to the counselor-client,	27063
marriage and family therapist-client, or social worker-client	27064
relationship.	27065

(f) A court, in an action brought against a school, its	27066
administration, or any of its personnel by the client, rules after	27067
an in-camera inspection that the testimony of the school guidance	27068
counselor is relevant to that action.	27069

(g) The testimony is sought in a civil action and concerns	27070
court-ordered treatment or services received by a patient as part	27071
of a case plan journalized under section 2151.412 of the Revised	27072
Code or the court-ordered treatment or services are necessary or	27073
relevant to dependency, neglect, or abuse or temporary or	27074
permanent custody proceedings under Chapter 2151. of the Revised	27075
Code.	27076

(2) Nothing in division (G)(1) of this section shall relieve	27077
a school guidance counselor or a person licensed or registered	27078
under Chapter 4757. of the Revised Code from the requirement to	27079
report information concerning child abuse or neglect under section	27080
2151.421 of the Revised Code.	27081

(H) A mediator acting under a mediation order issued under	27082
division (A) of section 3109.052 of the Revised Code or otherwise	27083
issued in any proceeding for divorce, dissolution, legal	27084
separation, annulment, or the allocation of parental rights and	27085
responsibilities for the care of children, in any action or	27086
proceeding, other than a criminal, delinquency, child abuse, child	27087
neglect, or dependent child action or proceeding, that is brought	27088
by or against either parent who takes part in mediation in	27089
accordance with the order and that pertains to the mediation	27090
process, to any information discussed or presented in the	27091
mediation process, to the allocation of parental rights and	27092
responsibilities for the care of the parents' children, or to the	27093
awarding of parenting time rights in relation to their children;	27094

(I) A communications assistant, acting within the scope of	27095
the communication assistant's authority, when providing	27096
telecommunications relay service pursuant to section 4931.06 of	27097
the Revised Code or Title II of the "Communications Act of 1934,"	27098
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	27099
made through a telecommunications relay service. Nothing in this	27100
section shall limit the obligation of a communications assistant	27101
to divulge information or testify when mandated by federal law or	27102
regulation or pursuant to subpoena in a criminal proceeding.	27103

Nothing in this section shall limit any immunity or privilege	27104
granted under federal law or regulation.	27105

(J)(1) A chiropractor in a civil proceeding concerning a	27106
communication made to the chiropractor by a patient in that	27107
relation or the chiropractor's advice to a patient, except as	27108
otherwise provided in this division. The testimonial privilege	27109
established under this division does not apply, and a chiropractor	27110
may testify or may be compelled to testify, in any civil action,	27111
in accordance with the discovery provisions of the Rules of Civil	27112
Procedure in connection with a civil action, or in connection with	27113
a claim under Chapter 4123. of the Revised Code, under any of the	27114
following circumstances:	27115

(a) If the patient or the guardian or other legal	27116
representative of the patient gives express consent.	27117

(b) If the patient is deceased, the spouse of the patient or	27118
the executor or administrator of the patient's estate gives	27119
express consent.	27120

(c) If a medical claim, dental claim, chiropractic claim, or	27121
optometric claim, as defined in section 2305.113 of the Revised	27122
Code, an action for wrongful death, any other type of civil	27123
action, or a claim under Chapter 4123. of the Revised Code is	27124
filed by the patient, the personal representative of the estate of	27125
the patient if deceased, or the patient's guardian or other legal	27126
representative.	27127

(2) If the testimonial privilege described in division (J)(1)	27128
of this section does not apply as provided in division (J)(1)(c)	27129
of this section, a chiropractor may be compelled to testify or to	27130
submit to discovery under the Rules of Civil Procedure only as to	27131
a communication made to the chiropractor by the patient in	27132
question in that relation, or the chiropractor's advice to the	27133
patient in question, that related causally or historically to	27134
physical or mental injuries that are relevant to issues in the	27135
medical claim, dental claim, chiropractic claim, or optometric	27136
claim, action for wrongful death, other civil action, or claim	27137
under Chapter 4123. of the Revised Code.	27138

(3) The testimonial privilege established under this division	27139
does not apply, and a chiropractor may testify or be compelled to	27140
testify, in any criminal action or administrative proceeding.	27141

(4) As used in this division, "communication" means	27142
acquiring, recording, or transmitting any information, in any	27143
manner, concerning any facts, opinions, or statements necessary to	27144
enable a chiropractor to diagnose, treat, or act for a patient. A	27145
communication may include, but is not limited to, any	27146
chiropractic, office, or hospital communication such as a record,	27147
chart, letter, memorandum, laboratory test and results, x-ray,	27148
photograph, financial statement, diagnosis, or prognosis.	27149

(K)(1) Except as provided under division (K)(2) of this	27150
section, a critical incident stress management team member	27151
concerning a communication received from an individual who	27152
receives crisis response services from the team member, or the	27153
team member's advice to the individual, during a debriefing	27154
session.	27155

(2) The testimonial privilege established under division	27156
(K)(1) of this section does not apply if any of the following are	27157
true:	27158

(a) The communication or advice indicates clear and present	27159
danger to the individual who receives crisis response services or	27160
to other persons. For purposes of this division, cases in which	27161
there are indications of present or past child abuse or neglect of	27162
the individual constitute a clear and present danger.	27163

(b) The individual who received crisis response services	27164
gives express consent to the testimony.	27165

(c) If the individual who received crisis response services	27166
is deceased, the surviving spouse or the executor or administrator	27167
of the estate of the deceased individual gives express consent.	27168

(d) The individual who received crisis response services	27169
voluntarily testifies, in which case the team member may be	27170
compelled to testify on the same subject.	27171

(e) The court in camera determines that the information	27172
communicated by the individual who received crisis response	27173
services is not germane to the relationship between the individual	27174
and the team member.	27175

(f) The communication or advice pertains or is related to any	27176
criminal act.	27177

(3) As used in division (K) of this section:

27178

(a) "Crisis response services" means consultation, risk	27179
assessment, referral, and on-site crisis intervention services	27180
provided by a critical incident stress management team to	27181
individuals affected by crisis or disaster.	27182

(b) "Critical incident stress management team member" or	27183
"team member" means an individual specially trained to provide	27184
crisis response services as a member of an organized community or	27185
local crisis response team that holds membership in the Ohio	27186
critical incident stress management network.	27187

(c) "Debriefing session" means a session at which crisis	27188
response services are rendered by a critical incident stress	27189
management team member during or after a crisis or disaster.	27190

(L)(1) Subject to division (L)(2) of this section and except	27191
as provided in division (L)(3) of this section, an employee	27192
assistance professional, concerning a communication made to the	27193
employee assistance professional by a client in the employee	27194
assistance professional's official capacity as an employee	27195
assistance professional.	27196

(2) Division (L)(1) of this section applies to an employee	27197
assistance professional who meets either or both of the following	27198
requirements:	27199

(a) Is certified by the employee assistance certification	27200
commission to engage in the employee assistance profession;	27201

(b) Has education, training, and experience in all of the	27202
following:	27203

(i) Providing workplace-based services designed to address	27204
employer and employee productivity issues;	27205

(ii) Providing assistance to employees and employees'	27206
dependents in identifying and finding the means to resolve	27207
personal problems that affect the employees or the employees'	27208
performance;	27209

(iii) Identifying and resolving productivity problems	27210
associated with an employee's concerns about any of the following	27211
matters: health, marriage, family, finances, substance abuse or	27212
other addiction, workplace, law, and emotional issues;	27213

(iv) Selecting and evaluating available community resources;

27214

(v) Making appropriate referrals;

27215

(vi) Local and national employee assistance agreements;

27216

(vii) Client confidentiality.

27217

(3) Division (L)(1) of this section does not apply to any of	27218
the following:	27219

(a) A criminal action or proceeding involving an offense	27220
under sections 2903.01 to 2903.06 of the Revised Code if the	27221
employee assistance professional's disclosure or testimony relates	27222
directly to the facts or immediate circumstances of the offense;	27223

(b) A communication made by a client to an employee	27224
assistance professional that reveals the contemplation or	27225
commission of a crime or serious, harmful act;	27226

(c) A communication that is made by a client who is an	27227
unemancipated minor or an adult adjudicated to be incompetent and	27228
indicates that the client was the victim of a crime or abuse;	27229

(d) A civil proceeding to determine an individual's mental	27230
competency or a criminal action in which a plea of not guilty by	27231
reason of insanity is entered;	27232

(e) A civil or criminal malpractice action brought against	27233
the employee assistance professional;	27234

(f) When the employee assistance professional has the express	27235
consent of the client or, if the client is deceased or disabled,	27236
the client's legal representative;	27237

(g) When the testimonial privilege otherwise provided by	27238
division (L)(1) of this section is abrogated under law.	27239

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	27240
2317.41 of the Revised Code but subject to division (B) of this	27241
section, the records, or copies or photographs of the records, of	27242
a hospital, homes required to be licensed pursuant to section	27243
3721.01 of the Revised Code, and residential facilities licensed	27244
pursuant to section ~~5119.22~~5119.34 of the Revised Code that	27245
provides accommodations, supervision, and personal care services	27246
for three to sixteen unrelated adults, in lieu of the testimony in	27247
open court of their custodian, person who made them, or person	27248
under whose supervision they were made, may be qualified as	27249
authentic evidence if any such person endorses thereon the	27250
person's verified certification identifying such records, giving	27251
the mode and time of their preparation, and stating that they were	27252
prepared in the usual course of the business of the institution.	27253
Such records, copies, or photographs may not be qualified by	27254
certification as provided in this section unless the party	27255
intending to offer them delivers a copy of them, or of their	27256
relevant portions, to the attorney of record for each adverse	27257
party not less than five days before trial. Nothing in this	27258
section shall be construed to limit the right of any party to call	27259
the custodian, person who made such records, or person under whose	27260
supervision they were made, as a witness.	27261

(B) Division (A) of this section does not apply to any	27262
certified copy of the results of any test given to determine the	27263
presence or concentration of alcohol, a drug of abuse, a	27264
combination of them, a controlled substance, or a metabolite of a	27265
controlled substance in a patient's whole blood, blood serum or	27266
plasma, breath, or urine at any time relevant to a criminal	27267
offense that is submitted in a criminal action or proceeding in	27268
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	27269
of the Revised Code.	27270

Sec. 2329.192. (A) As used in this section:

27271

(1) "State lien" means a lien upon real estate, including	27272
lands and tenements, of persons indebted to the state for debt,	27273
taxes, or in any other manner recorded by a state agency in any	27274
office of the clerk of a county court or the county recorder.	27275

(2) "State lienholder" means the department, agency, or other	27276
division of the state in whose name a state lien has been filed or	27277
recorded.	27278

(B) In every action seeking the judicial sale of real estate	27279
that is subject to a state lien, all of the following apply:	27280

(1) The party seeking a judicial sale shall include the state	27281
lienholder as a party defendant and shall serve that state	27282
lienholder with a copy of the preliminary judicial report or	27283
commitment for an owner's fee policy of title insurance filed in	27284
accordance with section 2329.191 of the Revised Code.	27285

(2) A state lienholder shall not be made a party defendant if	27286
no state lien has been recorded against the owner of the real	27287
estate for which the judicial sale is sought.	27288

(3) The appearance of the state lienholder shall be presumed	27289
for purposes of jurisdiction, and the court shall take judicial	27290
notice that the state has a lien against the real estate.	27291

(4) A state lienholder may, but is not required to, file an	27292
answer to the complaint or any other pleading in the action if the	27293
amount, validity, or priority of the state lien is not identified	27294
in the pleadings as disputed and shall file an answer to the	27295
complaint or any other pleading in the action if the amount,	27296
validity, or priority of the state lien is identified in the	27297
pleadings as disputed. If a state lien is not identified as	27298
disputed, unless the state files an answer or other responsive	27299
pleading, the party seeking the judicial sale is not required to	27300
serve the state lienholder with any answer or subsequent pleadings	27301
in the action for judicial sale.	27302

(5) As part of any order confirming the sale of the real	27303
estate that is subject to any undisputed state lien or	27304
distributing the proceeds of any judicial sale of real estate, the	27305
undisputed state lien shall be protected as if the state had	27306
appeared in the action and filed an answer asserting the validity	27307
of the state lien as recorded in the office of the clerk of the	27308
county court or the office of the county recorder.	27309

(6) Any party asserting a dispute as to the amount, validity,	27310
or priority of the state lien or of any lien or other interest	27311
that has priority over the state lien shall serve the state	27312
lienholder and the attorney general with notice of the dispute,	27313
and the state lienholder shall be permitted to file a responsive	27314
pleading and participate in the proceedings as if the state	27315
lienholder had been served with a summons on the date the state	27316
lienholder received notice of the dispute.	27317

(C) Upon the judicial sale of the real estate that is the	27318
subject of an action under division (B) of this section, the	27319
interest of any undisputed state lien shall transfer to the	27320
proceeds of the sale of the real estate, and the state lienholder	27321
shall be entitled to payment from the proceeds of the sale of the	27322
real estate in accordance with the state lienholder's priority as	27323
set forth in the final judicial report or commitment for an	27324
owner's fee policy of title insurance filed in accordance with	27325
section 2329.191 of the Revised Code.	27326

Sec. 2505.02. (A) As used in this section:

27327

(1) "Substantial right" means a right that the United States	27328
Constitution, the Ohio Constitution, a statute, the common law, or	27329
a rule of procedure entitles a person to enforce or protect.	27330

(2) "Special proceeding" means an action or proceeding that	27331
is specially created by statute and that prior to 1853 was not	27332
denoted as an action at law or a suit in equity.	27333

(3) "Provisional remedy" means a proceeding ancillary to an	27334
action, including, but not limited to, a proceeding for a	27335
preliminary injunction, attachment, discovery of privileged	27336
matter, suppression of evidence, a prima-facie showing pursuant to	27337
section 2307.85 or 2307.86 of the Revised Code, a prima-facie	27338
showing pursuant to section 2307.92 of the Revised Code, or a	27339
finding made pursuant to division (A)(3) of section 2307.93 of the	27340
Revised Code.	27341

(B) An order is a final order that may be reviewed, affirmed,	27342
modified, or reversed, with or without retrial, when it is one of	27343
the following:	27344

(1) An order that affects a substantial right in an action	27345
that in effect determines the action and prevents a judgment;	27346

(2) An order that affects a substantial right made in a	27347
special proceeding or upon a summary application in an action	27348
after judgment;	27349

(3) An order that vacates or sets aside a judgment or grants	27350
a new trial;	27351

(4) An order that grants or denies a provisional remedy and	27352
to which both of the following apply:	27353

(a) The order in effect determines the action with respect to	27354
the provisional remedy and prevents a judgment in the action in	27355
favor of the appealing party with respect to the provisional	27356
remedy.	27357

(b) The appealing party would not be afforded a meaningful or	27358
effective remedy by an appeal following final judgment as to all	27359
proceedings, issues, claims, and parties in the action.	27360

(5) An order that determines that an action may or may not be	27361
maintained as a class action;	27362

(6) An order determining the constitutionality of any changes	27363
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general	27364
assembly, including the amendment of sections 1751.67, 2117.06,	27365
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21,	27366
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63,	27367
3923.64, 4705.15, and 5111.018 (renumbered as 5164.07 by H.B. ...	27368
of the 130th general assembly), and the enactment of sections	27369
2305.113, 2323.41, 2323.43, and 2323.55 of the Revised Code or any	27370
changes made by Sub. S.B. 80 of the 125th general assembly,	27371
including the amendment of sections 2125.02, 2305.10, 2305.131,	27372
2315.18, 2315.19, and 2315.21 of the Revised Code;	27373

(7) An order in an appropriation proceeding that may be	27374
appealed pursuant to division (B)(3) of section 163.09 of the	27375
Revised Code.	27376

(C) When a court issues an order that vacates or sets aside a	27377
judgment or grants a new trial, the court, upon the request of	27378
either party, shall state in the order the grounds upon which the	27379
new trial is granted or the judgment vacated or set aside.	27380

(D) This section applies to and governs any action, including	27381
an appeal, that is pending in any court on July 22, 1998, and all	27382
claims filed or actions commenced on or after July 22, 1998,	27383
notwithstanding any provision of any prior statute or rule of law	27384
of this state.	27385

Sec. 2743.02. (A)(1) The state hereby waives its immunity	27386
from liability, except as provided for the office of the state	27387
fire marshal in division (G)(1) of section 9.60 and division (B)	27388
of section 3737.221 of the Revised Code and subject to division	27389
(H) of this section, and consents to be sued, and have its	27390
liability determined, in the court of claims created in this	27391
chapter in accordance with the same rules of law applicable to	27392
suits between private parties, except that the determination of	27393
liability is subject to the limitations set forth in this chapter	27394
and, in the case of state universities or colleges, in section	27395
3345.40 of the Revised Code, and except as provided in division	27396
(A)(2) or (3) of this section. To the extent that the state has	27397
previously consented to be sued, this chapter has no	27398
applicability.	27399

Except in the case of a civil action filed by the state,	27400
filing a civil action in the court of claims results in a complete	27401
waiver of any cause of action, based on the same act or omission,	27402
that the filing party has against any officer or employee, as	27403
defined in section 109.36 of the Revised Code. The waiver shall be	27404
void if the court determines that the act or omission was	27405
manifestly outside the scope of the officer's or employee's office	27406
or employment or that the officer or employee acted with malicious	27407
purpose, in bad faith, or in a wanton or reckless manner.	27408

(2) If a claimant proves in the court of claims that an	27409
officer or employee, as defined in section 109.36 of the Revised	27410
Code, would have personal liability for the officer's or	27411
employee's acts or omissions but for the fact that the officer or	27412
employee has personal immunity under section 9.86 of the Revised	27413
Code, the state shall be held liable in the court of claims in any	27414
action that is timely filed pursuant to section 2743.16 of the	27415
Revised Code and that is based upon the acts or omissions.	27416

(3)(a) Except as provided in division (A)(3)(b) of this	27417
section, the state is immune from liability in any civil action or	27418
proceeding involving the performance or nonperformance of a public	27419
duty, including the performance or nonperformance of a public duty	27420
that is owed by the state in relation to any action of an	27421
individual who is committed to the custody of the state.	27422

(b) The state immunity provided in division (A)(3)(a) of this	27423
section does not apply to any action of the state under	27424
circumstances in which a special relationship can be established	27425
between the state and an injured party. A special relationship	27426
under this division is demonstrated if all of the following	27427
elements exist:	27428

(i) An assumption by the state, by means of promises or	27429
actions, of an affirmative duty to act on behalf of the party who	27430
was allegedly injured;	27431

(ii) Knowledge on the part of the state's agents that	27432
inaction of the state could lead to harm;	27433

(iii) Some form of direct contact between the state's agents	27434
and the injured party;	27435

(iv) The injured party's justifiable reliance on the state's	27436
affirmative undertaking.	27437

(B) The state hereby waives the immunity from liability of	27438
all hospitals owned or operated by one or more political	27439
subdivisions and consents for them to be sued, and to have their	27440
liability determined, in the court of common pleas, in accordance	27441
with the same rules of law applicable to suits between private	27442
parties, subject to the limitations set forth in this chapter.	27443
This division is also applicable to hospitals owned or operated by	27444
political subdivisions that have been determined by the supreme	27445
court to be subject to suit prior to July 28, 1975.	27446

(C) Any hospital, as defined in section 2305.113 of the	27447
Revised Code, may purchase liability insurance covering its	27448
operations and activities and its agents, employees, nurses,	27449
interns, residents, staff, and members of the governing board and	27450
committees, and, whether or not such insurance is purchased, may,	27451
to the extent that its governing board considers appropriate,	27452
indemnify or agree to indemnify and hold harmless any such person	27453
against expense, including attorney's fees, damage, loss, or other	27454
liability arising out of, or claimed to have arisen out of, the	27455
death, disease, or injury of any person as a result of the	27456
negligence, malpractice, or other action or inaction of the	27457
indemnified person while acting within the scope of the	27458
indemnified person's duties or engaged in activities at the	27459
request or direction, or for the benefit, of the hospital. Any	27460
hospital electing to indemnify those persons, or to agree to so	27461
indemnify, shall reserve any funds that are necessary, in the	27462
exercise of sound and prudent actuarial judgment, to cover the	27463
potential expense, fees, damage, loss, or other liability. The	27464
superintendent of insurance may recommend, or, if the hospital	27465
requests the superintendent to do so, the superintendent shall	27466
recommend, a specific amount for any period that, in the	27467
superintendent's opinion, represents such a judgment. This	27468
authority is in addition to any authorization otherwise provided	27469
or permitted by law.	27470

(D)(1) Notwithstanding any other provision of the Revised	27471
Code or rules of a court to the contrary, in an action against the	27472
state to recover damages for injury, death, or loss to person or	27473
property caused by an act or omission of the state itself, by an	27474
act or omission of any officer or employee of the state while	27475
acting within the scope of employment or official	27476
responsibilities, or by an act or omission of any other person	27477
authorized to act on behalf of the state that occurred while	27478
engaged in activities at the request or direction, or for the	27479
benefit, of the state, the following apply:	27480

(a) Punitive or exemplary damages shall not be awarded.

27481

(b)(i) Recoveries against the state shall be reduced by the	27482
aggregate of ~~insurance proceeds, disability award,~~benefits or	27483
other collateral recovery received by the claimant for the injury,	27484
death, or loss allegedly incurred. ~~This division~~If a claimant	27485
receives or is entitled to receive benefits or other collateral	27486
recovery, the claimant or the claimant's attorney shall disclose	27487
the benefits or other collateral recovery to the court, and the	27488
court shall deduct the amount of the benefits or other collateral	27489
recovery from any award against the state recovered by the	27490
claimant. No insurer or other person is entitled to bring a civil	27491
action under a subrogation provision in an insurance or other	27492
contract against the state with respect to those benefits or other	27493
collateral recovery. Nothing in this division affects or shall be	27494
construed to limit the rights of a beneficiary under a life	27495
insurance policy or the rights of sureties under fidelity or	27496
surety bonds.	27497

(ii) Division (D)(1)(b)(i) of this section does not apply to	27498
civil actions in the court of claims against a state university or	27499
college under the circumstances described in section 3345.40 of	27500
the Revised Code. The collateral benefits provisions of division	27501
(B)(2) of that section apply under those circumstances.	27502

(c) There shall not be any limitation on compensatory damages	27503
that represent the actual loss of the person who is awarded the	27504
damages. However, except in wrongful death actions brought	27505
pursuant to Chapter 2125. of the Revised Code, damages that arise	27506
from the same cause of action, transaction or occurrence, or	27507
series of transactions or occurrences and that do not represent	27508
the actual loss of the person who is awarded the damages shall not	27509
exceed two hundred fifty thousand dollars in favor of any one	27510
person. The limitation on damages that do not represent the actual	27511
loss of the person who is awarded the damages provided in this	27512
division does not apply to court costs that are awarded to a	27513
claimant, or to interest on a judgment rendered in favor of a	27514
claimant, in an action against the state.	27515

(2) As used in division (D) of this section:

27516

(a) "Benefits" includes, but is not limited to, proceeds from	27517
a policy or policies of insurance, social security benefits,	27518
veterans' benefits, unemployment compensation, workers'	27519
compensation, medicaid benefits, medicare benefits, and disability	27520
awards.	27521

(b) "Collateral recovery" includes, but is not limited to,	27522
any settlements with and judgments against third parties that	27523
arise out of the same operative facts involved in, and the injury,	27524
death, or loss allegedly incurred, in the action against the	27525
state, or any other source of recovery for any injury, death, or	27526
loss allegedly incurred in that action.	27527

(c) Except as provided in division (D)(2)(d) of this section,	27528
"the actual loss of the person who is awarded the damages"	27529
includes all of the following:	27530

(i) All wages, salaries, or other compensation lost by the	27531
person injured as a result of the injury, including wages,	27532
salaries, or other compensation lost as of the date of a judgment	27533
and future expected lost earnings of the injured person;	27534

(ii) All expenditures of the injured person or of another	27535
person on behalf of the injured person for medical care or	27536
treatment, rehabilitation services, or other care, treatment,	27537
services, products, or accommodations that were necessary because	27538
of the injury;	27539

(iii) All expenditures to be incurred in the future, as	27540
determined by the court, by the injured person or by another	27541
person on behalf of the injured person for medical care or	27542
treatment, rehabilitation services, or other care, treatment,	27543
services, products, or accommodations that will be necessary	27544
because of the injury;	27545

(iv) All expenditures of a person whose property was injured	27546
or destroyed or of another person on behalf of the person whose	27547
property was injured or destroyed in order to repair or replace	27548
the property that was injured or destroyed;	27549

(v) All expenditures of the injured person, of the person	27550
whose property was injured or destroyed, or of another person on	27551
behalf of the injured person or the person whose property was	27552
injured or destroyed in relation to the actual preparation or	27553
presentation of the claim involved;	27554

(vi) Any other expenditures of the injured person, of the	27555
person whose property was injured or destroyed, or of another	27556
person on behalf of the injured person or the person whose	27557
property was injured or destroyed that the court determines	27558
represent an actual loss experienced because of the personal or	27559
property injury or property loss.	27560

(d) "The actual loss of the person who is awarded the	27561
damages" does not include either of the following:	27562

(i) Any fees paid or owed to an attorney for any services	27563
rendered in relation to the personal or property injury or	27564
property loss;	27565

(ii) Any damages awarded for pain and suffering, for the loss	27566
of society, consortium, companionship, care, assistance,	27567
attention, protection, advice, guidance, counsel, instruction,	27568
training, or education of the injured person, for mental anguish,	27569
or for any other intangible loss.	27570

(E) The only defendant in original actions in the court of	27571
claims is the state. The state may file a third-party complaint or	27572
counterclaim in any civil action, except a civil action for ten	27573
thousand dollars or less, that is filed in the court of claims.	27574

(F) A civil action against an officer or employee, as defined	27575
in section 109.36 of the Revised Code, that alleges that the	27576
officer's or employee's conduct was manifestly outside the scope	27577
of the officer's or employee's employment or official	27578
responsibilities, or that the officer or employee acted with	27579
malicious purpose, in bad faith, or in a wanton or reckless manner	27580
shall first be filed against the state in the court of claims that	27581
has exclusive, original jurisdiction to determine, initially,	27582
whether the officer or employee is entitled to personal immunity	27583
under section 9.86 of the Revised Code and whether the courts of	27584
common pleas have jurisdiction over the civil action. The officer	27585
or employee may participate in the immunity determination	27586
proceeding before the court of claims to determine whether the	27587
officer or employee is entitled to personal immunity under section	27588
9.86 of the Revised Code.	27589

The filing of a claim against an officer or employee under	27590
this division tolls the running of the applicable statute of	27591
limitations until the court of claims determines whether the	27592
officer or employee is entitled to personal immunity under section	27593
9.86 of the Revised Code.	27594

(G) If a claim lies against an officer or employee who is a	27595
member of the Ohio national guard, and the officer or employee	27596
was, at the time of the act or omission complained of, subject to	27597
the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28 U.S.C.	27598
2671, et seq., the Federal Tort Claims Act is the exclusive remedy	27599
of the claimant and the state has no liability under this section.	27600

(H) If an inmate of a state correctional institution has a	27601
claim against the state for the loss of or damage to property and	27602
the amount claimed does not exceed three hundred dollars, before	27603
commencing an action against the state in the court of claims, the	27604
inmate shall file a claim for the loss or damage under the rules	27605
adopted by the director of rehabilitation and correction pursuant	27606
to this division. The inmate shall file the claim within the time	27607
allowed for commencement of a civil action under section 2743.16	27608
of the Revised Code. If the state admits or compromises the claim,	27609
the director shall make payment from a fund designated by the	27610
director for that purpose. If the state denies the claim or does	27611
not compromise the claim at least sixty days prior to expiration	27612
of the time allowed for commencement of a civil action based upon	27613
the loss or damage under section 2743.16 of the Revised Code, the	27614
inmate may commence an action in the court of claims under this	27615
chapter to recover damages for the loss or damage.	27616

The director of rehabilitation and correction shall adopt	27617
rules pursuant to Chapter 119. of the Revised Code to implement	27618
this division.	27619

Sec. 2744.05. Notwithstanding any other provisions of the	27620
Revised Code or rules of a court to the contrary, in an action	27621
against a political subdivision to recover damages for injury,	27622
death, or loss to person or property caused by an act or omission	27623
in connection with a governmental or proprietary function:	27624

(A) Punitive or exemplary damages shall not be awarded.

27625

(B)(1) If a claimant receives or is entitled to receive	27626
benefits for injuries or loss allegedly incurred from a policy or	27627
policies of insurance or any other source, the benefits shall be	27628
disclosed to the court, and the amount of the benefits shall be	27629
deducted from any award against a political subdivision recovered	27630
by that claimant. No insurer or other person is entitled to bring	27631
an action under a subrogation provision in an insurance or other	27632
contract against a political subdivision with respect to those	27633
benefits.	27634

The amount of the benefits shall be deducted from an award	27635
against a political subdivision under division (B)(1) of this	27636
section regardless of whether the claimant may be under an	27637
obligation to pay back the benefits upon recovery, in whole or in	27638
part, for the claim. A claimant whose benefits have been deducted	27639
from an award under division (B)(1) of this section is not	27640
considered fully compensated and shall not be required to	27641
reimburse a subrogated claim for benefits deducted from an award	27642
pursuant to division (B)(1) of this section.	27643

(2) Nothing in division (B)(1) of this section shall be	27644
construed to do either of the following:	27645

(a) Limit the rights of a beneficiary under a life insurance	27646
policy or the rights of sureties under fidelity or surety bonds;	27647

(b) Prohibit the department of ~~job and family services~~	27648
medicaid from recovering from the political subdivision, pursuant	27649
to section ~~5101.58~~5160.37 of the Revised Code, the cost of	27650
medical assistance ~~benefits provided under Chapter 5107. or 5111.~~	27651
~~of the Revised Code~~provided under a medical assistance program.	27652

(C)(1) There shall not be any limitation on compensatory	27653
damages that represent the actual loss of the person who is	27654
awarded the damages. However, except in wrongful death actions	27655
brought pursuant to Chapter 2125. of the Revised Code, damages	27656
that arise from the same cause of action, transaction or	27657
occurrence, or series of transactions or occurrences and that do	27658
not represent the actual loss of the person who is awarded the	27659
damages shall not exceed two hundred fifty thousand dollars in	27660
favor of any one person. The limitation on damages that do not	27661
represent the actual loss of the person who is awarded the damages	27662
provided in this division does not apply to court costs that are	27663
awarded to a plaintiff, or to interest on a judgment rendered in	27664
favor of a plaintiff, in an action against a political	27665
subdivision.	27666

(2) As used in this division, "the actual loss of the person	27667
who is awarded the damages" includes all of the following:	27668

(a) All wages, salaries, or other compensation lost by the	27669
person injured as a result of the injury, including wages,	27670
salaries, or other compensation lost as of the date of a judgment	27671
and future expected lost earnings of the person injured;	27672

(b) All expenditures of the person injured or another person	27673
on behalf of the person injured for medical care or treatment, for	27674
rehabilitation services, or for other care, treatment, services,	27675
products, or accommodations that were necessary because of the	27676
injury;	27677

(c) All expenditures to be incurred in the future, as	27678
determined by the court, by the person injured or another person	27679
on behalf of the person injured for medical care or treatment, for	27680
rehabilitation services, or for other care, treatment, services,	27681
products, or accommodations that will be necessary because of the	27682
injury;	27683

(d) All expenditures of a person whose property was injured	27684
or destroyed or of another person on behalf of the person whose	27685
property was injured or destroyed in order to repair or replace	27686
the property that was injured or destroyed;	27687

(e) All expenditures of the person injured or of the person	27688
whose property was injured or destroyed or of another person on	27689
behalf of the person injured or of the person whose property was	27690
injured or destroyed in relation to the actual preparation or	27691
presentation of the claim involved;	27692

(f) Any other expenditures of the person injured or of the	27693
person whose property was injured or destroyed or of another	27694
person on behalf of the person injured or of the person whose	27695
property was injured or destroyed that the court determines	27696
represent an actual loss experienced because of the personal or	27697
property injury or property loss.	27698

"The actual loss of the person who is awarded the damages"	27699
does not include any fees paid or owed to an attorney for any	27700
services rendered in relation to a personal or property injury or	27701
property loss, and does not include any damages awarded for pain	27702
and suffering, for the loss of society, consortium, companionship,	27703
care, assistance, attention, protection, advice, guidance,	27704
counsel, instruction, training, or education of the person	27705
injured, for mental anguish, or for any other intangible loss.	27706

Sec. 2901.30. (A) As used in sections 2901.30 to 2901.32 of	27707
the Revised Code:	27708

(1) "Information" means information that can be integrated	27709
into the computer system and that relates to the physical or	27710
mental description of a minor including, but not limited to,	27711
height, weight, color of hair and eyes, use of eyeglasses or	27712
contact lenses, skin coloring, physical or mental handicaps,	27713
special medical conditions or needs, abnormalities, problems,	27714
scars and marks, and distinguishing characteristics, and other	27715
information that could assist in identifying a minor including,	27716
but not limited to, full name and nickname, date and place of	27717
birth, age, names and addresses of parents and other relatives,	27718
fingerprints, dental records, photographs, social security number,	27719
driver's license number, credit card numbers, bank account	27720
numbers, and clothing.	27721

(2) "Minor" means a person under eighteen years of age.

27722

(3) "Missing children" or "missing child" means either of the	27723
following:	27724

(a) A minor who has run away from or who otherwise is missing	27725
from the home of, or the care, custody, and control of, the	27726
minor's parents, parent who is the residential parent and legal	27727
custodian, guardian, legal custodian, or other person having	27728
responsibility for the care of the minor;	27729

(b) A minor who is missing and about whom there is reason to	27730
believe the minor could be the victim of a violation of section	27731
2905.01, 2905.02, 2905.03, or 2919.23 of the Revised Code or of a	27732
violation of section 2905.04 of the Revised Code as it existed	27733
prior to July 1, 1996.	27734

(B) When a law enforcement agency in this state that has	27735
jurisdiction in the matter is informed that a minor is or may be a	27736
missing child and that the person providing the information wishes	27737
to file a missing child report, the law enforcement agency shall	27738
take that report. Upon taking the report, the law enforcement	27739
agency shall take prompt action upon it, including, but not	27740
limited to, concerted efforts to locate the missing child. No law	27741
enforcement agency in this state shall have a rule or policy that	27742
prohibits or discourages the filing of or the taking of action	27743
upon a missing child report, within a specified period following	27744
the discovery or formulation of a belief that a minor is or could	27745
be a missing child.	27746

(C) If a missing child report is made to a law enforcement	27747
agency in this state that has jurisdiction in the matter, the law	27748
enforcement agency shall gather readily available information	27749
about the missing child and integrate it into the national crime	27750
information center computer immediately following the making of	27751
the report. The law enforcement agency shall make reasonable	27752
efforts to acquire additional information about the missing child	27753
following the transmittal of the initially available information,	27754
and promptly integrate any additional information acquired into	27755
such computer systems.	27756

Whenever a law enforcement agency integrates information	27757
about a missing child into the national crime information center	27758
computer, the law enforcement agency promptly shall notify the	27759
missing child's parents, parent who is the residential parent and	27760
legal custodian, guardian, or legal custodian, or any other person	27761
responsible for the care of the missing child, that it has so	27762
integrated the information.	27763

The parents, parent who is the residential parent and legal	27764
custodian, guardian, legal custodian, or other person responsible	27765
for the care of the missing child shall provide available	27766
information upon request, and may provide information voluntarily,	27767
to the law enforcement agency during the information gathering	27768
process. The law enforcement agency also may obtain available	27769
information about the missing child from other persons, subject to	27770
constitutional and statutory limitations.	27771

(D) Upon the filing of a missing child report, the law	27772
enforcement agency involved may notify the public or nonpublic	27773
school in which the missing child is or was most recently	27774
enrolled, as ascertained by the agency, that the child is the	27775
subject of a missing child report and that the child's school	27776
records are to be marked in accordance with section 3313.672 of	27777
the Revised Code.	27778

(E) Upon the filing of a missing child report, the law	27779
enforcement agency involved promptly shall make a reasonable	27780
attempt to notify other law enforcement agencies within its county	27781
and, if the agency has jurisdiction in a municipal corporation or	27782
township that borders another county, to notify the law	27783
enforcement agency for the municipal corporation or township in	27784
the other county with which it shares the border, that it has	27785
taken a missing child report and may be requesting assistance or	27786
cooperation in the case, and provide relevant information to the	27787
other law enforcement agencies. The agency may notify additional	27788
law enforcement agencies, or appropriate public children services	27789
agencies, about the case, request their assistance or cooperation	27790
in the case, and provide them with relevant information.	27791

Upon request from a law enforcement agency, a public children	27792
services agency shall grant the law enforcement agency access to	27793
all information concerning a missing child that the agency	27794
possesses that may be relevant to the law enforcement agency in	27795
investigating a missing child report concerning that child. The	27796
information obtained by the law enforcement agency shall be used	27797
only to further the investigation to locate the missing child.	27798

(F) Upon request, law enforcement agencies in this state	27799
shall provide assistance to, and cooperate with, other law	27800
enforcement agencies in their investigation of missing child	27801
cases. The assistance and cooperation under this paragraph shall	27802
be pursuant to any terms agreed upon by the law enforcement	27803
agencies, which may include the provision of law enforcement	27804
services or the use of law enforcement equipment or the	27805
interchange of services and equipment among the cooperating law	27806
enforcement agencies. Chapter 2744. of the Revised Code, insofar	27807
as it applies to the operation of law enforcement agencies, shall	27808
apply to the cooperating political subdivisions and to the law	27809
enforcement agency employees when they are rendering services	27810
pursuant to this paragraph outside the territory of the political	27811
subdivision by which they are employed. Law enforcement agency	27812
employees rendering services outside the territory of the	27813
political subdivision in which they are employed, pursuant to this	27814
paragraph, shall be entitled to participate in any indemnity fund	27815
established by their employer to the same extent as if they were	27816
rendering service within the territory of their employing	27817
political subdivision. Those law enforcement agency employees also	27818
shall be entitled to all the rights and benefits of Chapter 4123.	27819
of the Revised Code to the same extent as if rendering services	27820
within the territory of their employing political subdivision.	27821

The information in any missing child report made to a law	27822
enforcement agency shall be made available, upon request, to law	27823
enforcement personnel of this state, other states, and the federal	27824
government when the law enforcement personnel indicate that the	27825
request is to aid in identifying or locating a missing child or	27826
the possible identification of a deceased minor who, upon	27827
discovery, cannot be identified.	27828

(G) When a missing child has not been located within thirty	27829
days after the date on which the missing child report pertaining	27830
to the child was filed with a law enforcement agency, that law	27831
enforcement agency shall request the missing child's parents,	27832
parent who is the residential parent and legal custodian,	27833
guardian, or legal custodian, or any other person responsible for	27834
the care of the missing child, to provide written consent for the	27835
law enforcement agency to contact the missing child's dentist and	27836
request the missing child's dental records. Upon receipt of such	27837
written consent, the dentist shall release a copy of the missing	27838
child's dental records to the law enforcement agency and shall	27839
provide and encode the records in such form as requested by the	27840
law enforcement agency. The law enforcement agency then shall	27841
integrate information in the records into the national crime	27842
information center computer in order to compare the records to	27843
those of unidentified deceased persons. This division does not	27844
prevent a law enforcement agency from seeking consent to obtain	27845
copies of a missing child's dental records, or prevent a missing	27846
child's parents, parent who is the residential parent and legal	27847
custodian, guardian, or legal custodian, or any other person	27848
responsible for the care of the missing child, from granting	27849
consent for the release of copies of the missing child's dental	27850
records to a law enforcement agency, at any time.	27851

(H) A missing child's parents, parent who is the residential	27852
parent and legal custodian, guardian, or legal custodian, or any	27853
other persons responsible for the care of a missing child,	27854
immediately shall notify the law enforcement agency with which	27855
they filed the missing child report whenever the child has	27856
returned to their home or to their care, custody, and control, has	27857
been released if the missing child was the victim of an offense	27858
listed in division (A)(3)(b) of this section, or otherwise has	27859
been located. Upon such notification or upon otherwise learning	27860
that a missing child has returned to the home of, or to the care,	27861
custody, and control of the missing child's parents, parent who is	27862
the residential parent and legal custodian, guardian, legal	27863
custodian, or other person responsible for the missing child's	27864
care, has been released if the missing child was the victim of an	27865
offense listed in division (A)(3)(b) of this section, or otherwise	27866
has been located, the law enforcement agency involved promptly	27867
shall integrate the fact that the minor no longer is a missing	27868
child into the national crime information center computer and	27869
shall inform any school that was notified under division (D) of	27870
this section that the minor is no longer a missing child.	27871

~~(I) Nothing contained in this section shall be construed to~~	27872
~~impair the confidentiality of services provided to runaway minors~~	27873
~~by shelters for runaway minors pursuant to sections 5119.64 to~~	27874
~~5119.68 of the Revised Code.~~	27875

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	27876
Revised Code:	27877

(A) "Care facility" means any of the following:

27878

(1) Any "home" as defined in section 3721.10 ~~or 5111.20~~ of	27879
the Revised Code;	27880

(2) Any "residential facility" as defined in section 5123.19	27881
of the Revised Code;	27882

(3) Any institution or facility operated or provided by the	27883
department of ~~mental health~~mental health and addiction services	27884
or by the department of developmental disabilities pursuant to	27885
sections ~~5119.02~~5119.14 and 5123.03 of the Revised Code;	27886

(4) Any "residential facility" as defined in section ~~5119.22~~	27887
5119.34 of the Revised Code;	27888

(5) Any unit of any hospital, as defined in section 3701.01	27889
of the Revised Code, that provides the same services as a nursing	27890
home, as defined in section 3721.01 of the Revised Code;	27891

(6) Any institution, residence, or facility that provides,	27892
for a period of more than twenty-four hours, whether for a	27893
consideration or not, accommodations to one individual or two	27894
unrelated individuals who are dependent upon the services of	27895
others.	27896

(B) "Abuse" means knowingly causing physical harm or	27897
recklessly causing serious physical harm to a person by physical	27898
contact with the person or by the inappropriate use of a physical	27899
or chemical restraint, medication, or isolation on the person.	27900

(C)(1) "Gross neglect" means knowingly failing to provide a	27901
person with any treatment, care, goods, or service that is	27902
necessary to maintain the health or safety of the person when the	27903
failure results in physical harm or serious physical harm to the	27904
person.	27905

(2) "Neglect" means recklessly failing to provide a person	27906
with any treatment, care, goods, or service that is necessary to	27907
maintain the health or safety of the person when the failure	27908
results in serious physical harm to the person.	27909

(D) "Inappropriate use of a physical or chemical restraint,	27910
medication, or isolation" means the use of physical or chemical	27911
restraint, medication, or isolation as punishment, for staff	27912
convenience, excessively, as a substitute for treatment, or in	27913
quantities that preclude habilitation and treatment.	27914

Sec. 2913.40. (A) As used in this section:

27915

(1) "Statement or representation" means any oral, written,	27916
electronic, electronic impulse, or magnetic communication that is	27917
used to identify an item of goods or a service for which	27918
reimbursement may be made under the ~~medical assistance~~medicaid	27919
program or that states income and expense and is or may be used to	27920
determine a rate of reimbursement under the ~~medical assistance~~	27921
medicaid program.	27922

(2) ~~"Medical assistance program" means the program~~	27923
~~established by the department of job and family services to~~	27924
~~provide medical assistance under section 5111.01 of the Revised~~	27925
~~Code and the medicaid program of Title XIX of the "Social Security~~	27926
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.~~	27927

~~(3)~~ "Provider" means any person who has signed a provider	27928
agreement with the department of ~~job and family services~~medicaid	27929
to provide goods or services pursuant to the ~~medical assistance~~	27930
medicaid program or any person who has signed an agreement with a	27931
party to such a provider agreement under which the person agrees	27932
to provide goods or services that are reimbursable under the	27933
~~medical assistance~~medicaid program.	27934

~~(4)~~(3) "Provider agreement" ~~means an oral or written~~	27935
~~agreement between the department of job and family services and a~~	27936
~~person in which the person agrees to provide goods or services~~	27937
~~under the medical assistance program~~has the same meaning as in	27938
section 5164.01 of the Revised Code.	27939

~~(5)~~(4) "Recipient" means any individual who receives goods or	27940
services from a provider under the ~~medical assistance~~medicaid	27941
program.	27942

~~(6)~~(5) "Records" means any medical, professional, financial,	27943
or business records relating to the treatment or care of any	27944
recipient, to goods or services provided to any recipient, or to	27945
rates paid for goods or services provided to any recipient and any	27946
records that are required by the rules of the medicaid director of	27947
~~job and family services~~ to be kept for the ~~medical assistance~~	27948
medicaid program.	27949

(B) No person shall knowingly make or cause to be made a	27950
false or misleading statement or representation for use in	27951
obtaining reimbursement from the ~~medical assistance~~medicaid	27952
program.	27953

(C) No person, with purpose to commit fraud or knowing that	27954
the person is facilitating a fraud, shall do either of the	27955
following:	27956

(1) Contrary to the terms of the person's provider agreement,	27957
charge, solicit, accept, or receive for goods or services that the	27958
person provides under the ~~medical assistance~~medicaid program any	27959
property, money, or other consideration in addition to the amount	27960
of reimbursement under the ~~medical assistance~~medicaid program and	27961
the person's provider agreement for the goods or services and any	27962
cost-sharing expenses authorized by section ~~5111.0112~~5162.20 of	27963
the Revised Code or rules adopted ~~pursuant to section 5111.01,~~	27964
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	27965
regarding the medicaid program.	27966

(2) Solicit, offer, or receive any remuneration, other than	27967
any cost-sharing expenses authorized by section ~~5111.0112~~5162.20	27968
of the Revised Code or rules adopted ~~under section 5111.01,~~	27969
~~5111.011, or 5111.02 of the Revised Code~~by the medicaid director	27970
regarding the medicaid program, in cash or in kind, including, but	27971
not limited to, a kickback or rebate, in connection with the	27972
furnishing of goods or services for which whole or partial	27973
reimbursement is or may be made under the ~~medical assistance~~	27974
medicaid program.	27975

(D) No person, having submitted a claim for or provided goods	27976
or services under the ~~medical assistance~~medicaid program, shall	27977
do either of the following for a period of at least six years	27978
after a reimbursement pursuant to that claim, or a reimbursement	27979
for those goods or services, is received under the ~~medical~~	27980
~~assistance~~medicaid program:	27981

(1) Knowingly alter, falsify, destroy, conceal, or remove any	27982
records that are necessary to fully disclose the nature of all	27983
goods or services for which the claim was submitted, or for which	27984
reimbursement was received, by the person;	27985

(2) Knowingly alter, falsify, destroy, conceal, or remove any	27986
records that are necessary to disclose fully all income and	27987
expenditures upon which rates of reimbursements were based for the	27988
person.	27989

(E) Whoever violates this section is guilty of medicaid	27990
fraud. Except as otherwise provided in this division, medicaid	27991
fraud is a misdemeanor of the first degree. If the value of	27992
property, services, or funds obtained in violation of this section	27993
is one thousand dollars or more and is less than seven thousand	27994
five hundred dollars, medicaid fraud is a felony of the fifth	27995
degree. If the value of property, services, or funds obtained in	27996
violation of this section is seven thousand five hundred dollars	27997
or more and is less than one hundred fifty thousand dollars,	27998
medicaid fraud is a felony of the fourth degree. If the value of	27999
the property, services, or funds obtained in violation of this	28000
section is one hundred fifty thousand dollars or more, medicaid	28001
fraud is a felony of the third degree.	28002

(F) Upon application of the governmental agency, office, or	28003
other entity that conducted the investigation and prosecution in a	28004
case under this section, the court shall order any person who is	28005
convicted of a violation of this section for receiving any	28006
reimbursement for furnishing goods or services under the ~~medical~~	28007
~~assistance~~medicaid program to which the person is not entitled to	28008
pay to the applicant its cost of investigating and prosecuting the	28009
case. The costs of investigation and prosecution that a defendant	28010
is ordered to pay pursuant to this division shall be in addition	28011
to any other penalties for the receipt of that reimbursement that	28012
are provided in this section, section ~~5111.03~~5164.35 of the	28013
Revised Code, or any other provision of law.	28014

(G) The provisions of this section are not intended to be	28015
exclusive remedies and do not preclude the use of any other	28016
criminal or civil remedy for any act that is in violation of this	28017
section.	28018

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	28019
violation of section 2919.27 of the Revised Code or of a municipal	28020
ordinance that is substantially similar to that section, the court	28021
may order an evaluation of the mental condition of the defendant	28022
if the court determines that either of the following criteria	28023
apply:	28024

(i) If the alleged violation is a violation of a protection	28025
order issued or consent agreement approved pursuant to section	28026
2919.26 or 3113.31 of the Revised Code, that the violation	28027
allegedly involves conduct by the defendant that caused physical	28028
harm to the person or property of a family or household member	28029
covered by the order or agreement, or conduct by the defendant	28030
that caused a family or household member to believe that the	28031
defendant would cause physical harm to that member or that	28032
member's property.	28033

(ii) If the alleged violation is a violation of a protection	28034
order issued pursuant to section 2903.213 or 2903.214 of the	28035
Revised Code or a protection order issued by a court of another	28036
state, that the violation allegedly involves conduct by the	28037
defendant that caused physical harm to the person or property of	28038
the person covered by the order, or conduct by the defendant that	28039
caused the person covered by the order to believe that the	28040
defendant would cause physical harm to that person or that	28041
person's property.	28042

(b) If a defendant is charged with a violation of section	28043
2903.211 of the Revised Code or of a municipal ordinance that is	28044
substantially similar to that section, the court may order an	28045
evaluation of the mental condition of the defendant.	28046

(2) An evaluation ordered under division (A)(1) of this	28047
section shall be completed no later than thirty days from the date	28048
the order is entered pursuant to that division. In that order, the	28049
court shall do either of the following:	28050

(a) Order that the evaluation of the mental condition of the	28051
defendant be preceded by an examination conducted either by a	28052
forensic center that is designated by the department of ~~mental~~	28053
~~health~~mental health and addiction services to conduct	28054
examinations and make evaluations of defendants charged with	28055
violations of section 2903.211 or 2919.27 of the Revised Code or	28056
of substantially similar municipal ordinances in the area in which	28057
the court is located, or by any other program or facility that is	28058
designated by the department of ~~mental health~~mental health and	28059
addiction services or the department of developmental disabilities	28060
to conduct examinations and make evaluations of defendants charged	28061
with violations of section 2903.211 or 2919.27 of the Revised Code	28062
or of substantially similar municipal ordinances, and that is	28063
operated by either department or is certified by either department	28064
as being in compliance with the standards established under	28065
division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 of the Revised Code	28066
or division (C) of section 5123.04 of the Revised Code.	28067

(b) Designate a center, program, or facility other than one	28068
designated by the department of ~~mental health~~mental health and	28069
addiction services or the department of developmental	28070
disabilities, as described in division (A)(2)(a) of this section,	28071
to conduct the evaluation and preceding examination of the mental	28072
condition of the defendant.	28073

Whether the court acts pursuant to division (A)(2)(a) or (b)	28074
of this section, the court may designate examiners other than the	28075
personnel of the center, program, facility, or department involved	28076
to make the evaluation and preceding examination of the mental	28077
condition of the defendant.	28078

(B) If the court considers that additional evaluations of the	28079
mental condition of a defendant are necessary following the	28080
evaluation authorized by division (A) of this section, the court	28081
may order up to two additional similar evaluations. These	28082
evaluations shall be completed no later than thirty days from the	28083
date the applicable court order is entered. If more than one	28084
evaluation of the mental condition of the defendant is ordered	28085
under this division, the prosecutor and the defendant may	28086
recommend to the court an examiner whom each prefers to perform	28087
one of the evaluations and preceding examinations.	28088

(C)(1) The court may order a defendant who has been released	28089
on bail to submit to an examination under division (A) or (B) of	28090
this section. The examination shall be conducted either at the	28091
detention facility in which the defendant would have been confined	28092
if the defendant had not been released on bail, or, if so	28093
specified by the center, program, facility, or examiners involved,	28094
at the premises of the center, program, or facility. Additionally,	28095
the examination shall be conducted at the times established by the	28096
examiners involved. If such a defendant refuses to submit to an	28097
examination or a complete examination as required by the court or	28098
the center, program, facility, or examiners involved, the court	28099
may amend the conditions of the bail of the defendant and order	28100
the sheriff to take the defendant into custody and deliver the	28101
defendant to the detention facility in which the defendant would	28102
have been confined if the defendant had not been released on bail,	28103
or, if so specified by the center, program, facility, or examiners	28104
involved, to the premises of the center, program, or facility, for	28105
purposes of the examination.	28106

(2) A defendant who has not been released on bail shall be	28107
examined at the detention facility in which the defendant is	28108
confined or, if so specified by the center, program, facility, or	28109
examiners involved, at the premises of the center, program, or	28110
facility.	28111

(D) The examiner of the mental condition of a defendant under	28112
division (A) or (B) of this section shall file a written report	28113
with the court within thirty days after the entry of an order for	28114
the evaluation of the mental condition of the defendant. The	28115
report shall contain the findings of the examiner; the facts in	28116
reasonable detail on which the findings are based; the opinion of	28117
the examiner as to the mental condition of the defendant; the	28118
opinion of the examiner as to whether the defendant represents a	28119
substantial risk of physical harm to other persons as manifested	28120
by evidence of recent homicidal or other violent behavior,	28121
evidence of recent threats that placed other persons in reasonable	28122
fear of violent behavior and serious physical harm, or evidence of	28123
present dangerousness; and the opinion of the examiner as to the	28124
types of treatment or counseling that the defendant needs. The	28125
court shall provide copies of the report to the prosecutor and	28126
defense counsel.	28127

(E) The costs of any evaluation and preceding examination of	28128
a defendant that is ordered pursuant to division (A) or (B) of	28129
this section shall be taxed as court costs in the criminal case.	28130

(F) If the examiner considers it necessary in order to make	28131
an accurate evaluation of the mental condition of a defendant, an	28132
examiner under division (A) or (B) of this section may request any	28133
family or household member of the defendant to provide the	28134
examiner with information. A family or household member may, but	28135
is not required to, provide information to the examiner upon	28136
receipt of the request.	28137

(G) As used in this section:

28138

(1) "Bail" includes a recognizance.

28139

(2) "Examiner" means a psychiatrist, a licensed independent	28140
social worker who is employed by a forensic center that is	28141
certified as being in compliance with the standards established	28142
under division ~~(H)~~(B)(7) of section ~~5119.01~~5119.10 or division	28143
(C) of section 5123.04 of the Revised Code, a licensed	28144
professional clinical counselor who is employed at a forensic	28145
center that is certified as being in compliance with such	28146
standards, or a licensed clinical psychologist, except that in	28147
order to be an examiner, a licensed clinical psychologist shall	28148
meet the criteria of division (I)(1) of section 5122.01 of the	28149
Revised Code or be employed to conduct examinations by the	28150
department of ~~mental health~~mental health and addiction services	28151
or by a forensic center certified as being in compliance with the	28152
standards established under division ~~(H)~~(B)(7) of section ~~5119.01~~	28153
5119.10 or division (C) of section 5123.04 of the Revised Code	28154
that is designated by the department of ~~mental health~~mental	28155
health and addiction services.	28156

(3) "Family or household member" has the same meaning as in	28157
section 2919.25 of the Revised Code.	28158

(4) "Prosecutor" has the same meaning as in section 2935.01	28159
of the Revised Code.	28160

(5) "Psychiatrist" and "licensed clinical psychologist" have	28161
the same meanings as in section 5122.01 of the Revised Code.	28162

(6) "Protection order issued by a court of another state" has	28163
the same meaning as in section 2919.27 of the Revised Code.	28164

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	28165
Revised Code:	28166

(A) "Public official" means any elected or appointed officer,	28167
or employee, or agent of the state or any political subdivision,	28168
whether in a temporary or permanent capacity, and includes, but is	28169
not limited to, legislators, judges, and law enforcement officers.	28170
"Public official" does not include an employee, officer, or	28171
governor-appointed member of the board of directors of the	28172
nonprofit corporation formed under section 187.01 of the Revised	28173
Code.	28174

(B) "Public servant" means any of the following:

28175

(1) Any public official;

28176

(2) Any person performing ad hoc a governmental function,	28177
including, but not limited to, a juror, member of a temporary	28178
commission, master, arbitrator, advisor, or consultant;	28179

(3) A person who is a candidate for public office, whether or	28180
not the person is elected or appointed to the office for which the	28181
person is a candidate. A person is a candidate for purposes of	28182
this division if the person has been nominated according to law	28183
for election or appointment to public office, or if the person has	28184
filed a petition or petitions as required by law to have the	28185
person's name placed on the ballot in a primary, general, or	28186
special election, or if the person campaigns as a write-in	28187
candidate in any primary, general, or special election.	28188

"Public servant" does not include an employee, officer, or	28189
governor-appointed member of the board of directors of the	28190
nonprofit corporation formed under section 187.01 of the Revised	28191
Code.	28192

(C) "Party official" means any person who holds an elective	28193
or appointive post in a political party in the United States or	28194
this state, by virtue of which the person directs, conducts, or	28195
participates in directing or conducting party affairs at any level	28196
of responsibility.	28197

(D) "Official proceeding" means any proceeding before a	28198
legislative, judicial, administrative, or other governmental	28199
agency or official authorized to take evidence under oath, and	28200
includes any proceeding before a referee, hearing examiner,	28201
commissioner, notary, or other person taking testimony or a	28202
deposition in connection with an official proceeding.	28203

(E) "Detention" means arrest; confinement in any vehicle	28204
subsequent to an arrest; confinement in any public or private	28205
facility for custody of persons charged with or convicted of crime	28206
in this state or another state or under the laws of the United	28207
States or alleged or found to be a delinquent child or unruly	28208
child in this state or another state or under the laws of the	28209
United States; hospitalization, institutionalization, or	28210
confinement in any public or private facility that is ordered	28211
pursuant to or under the authority of section 2945.37, 2945.371,	28212
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	28213
Code; confinement in any vehicle for transportation to or from any	28214
facility of any of those natures; detention for extradition or	28215
deportation; except as provided in this division, supervision by	28216
any employee of any facility of any of those natures that is	28217
incidental to hospitalization, institutionalization, or	28218
confinement in the facility but that occurs outside the facility;	28219
supervision by an employee of the department of rehabilitation and	28220
correction of a person on any type of release from a state	28221
correctional institution; or confinement in any vehicle, airplane,	28222
or place while being returned from outside of this state into this	28223
state by a private person or entity pursuant to a contract entered	28224
into under division (E) of section 311.29 of the Revised Code or	28225
division (B) of section 5149.03 of the Revised Code. For a person	28226
confined in a county jail who participates in a county jail	28227
industry program pursuant to section 5147.30 of the Revised Code,	28228
"detention" includes time spent at an assigned work site and going	28229
to and from the work site.	28230

(F) "Detention facility" means any public or private place	28231
used for the confinement of a person charged with or convicted of	28232
any crime in this state or another state or under the laws of the	28233
United States or alleged or found to be a delinquent child or	28234
unruly child in this state or another state or under the laws of	28235
the United States.	28236

(G) "Valuable thing or valuable benefit" includes, but is not	28237
limited to, a contribution. This inclusion does not indicate or	28238
imply that a contribution was not included in those terms before	28239
September 17, 1986.	28240

(H) "Campaign committee," "contribution," "political action	28241
committee," "legislative campaign fund," "political party," and	28242
"political contributing entity" have the same meanings as in	28243
section 3517.01 of the Revised Code.	28244

(I) "Provider agreement" ~~and "medical assistance program"~~	28245
~~have~~has the same ~~meanings~~meaning as in section ~~2913.40~~5164.01	28246
of the Revised Code.	28247

Sec. 2921.22. (A)(1) Except as provided in division (A)(2)	28248
of this section, no person, knowing that a felony has been or is	28249
being committed, shall knowingly fail to report such information	28250
to law enforcement authorities.	28251

(2) No person, knowing that a violation of division (B) of	28252
section 2913.04 of the Revised Code has been, or is being	28253
committed or that the person has received information derived from	28254
such a violation, shall knowingly fail to report the violation to	28255
law enforcement authorities.	28256

(B) Except for conditions that are within the scope of	28257
division (E) of this section, no physician, limited practitioner,	28258
nurse, or other person giving aid to a sick or injured person	28259
shall negligently fail to report to law enforcement authorities	28260
any gunshot or stab wound treated or observed by the physician,	28261
limited practitioner, nurse, or person, or any serious physical	28262
harm to persons that the physician, limited practitioner, nurse,	28263
or person knows or has reasonable cause to believe resulted from	28264
an offense of violence.	28265

(C) No person who discovers the body or acquires the first	28266
knowledge of the death of a person shall fail to report the death	28267
immediately to a physician whom the person knows to be treating	28268
the deceased for a condition from which death at such time would	28269
not be unexpected, or to a law enforcement officer, an ambulance	28270
service, an emergency squad, or the coroner in a political	28271
subdivision in which the body is discovered, the death is believed	28272
to have occurred, or knowledge concerning the death is obtained.	28273

(D) No person shall fail to provide upon request of the	28274
person to whom a report required by division (C) of this section	28275
was made, or to any law enforcement officer who has reasonable	28276
cause to assert the authority to investigate the circumstances	28277
surrounding the death, any facts within the person's knowledge	28278
that may have a bearing on the investigation of the death.	28279

(E)(1) As used in this division, "burn injury" means any of	28280
the following:	28281

(a) Second or third degree burns;

28282

(b) Any burns to the upper respiratory tract or laryngeal	28283
edema due to the inhalation of superheated air;	28284

28285

(d) Any physical harm to persons caused by or as the result	28286
of the use of fireworks, novelties and trick noisemakers, and wire	28287
sparklers, as each is defined by section 3743.01 of the Revised	28288
Code.	28289

(2) No physician, nurse, or limited practitioner who, outside	28290
a hospital, sanitarium, or other medical facility, attends or	28291
treats a person who has sustained a burn injury that is inflicted	28292
by an explosion or other incendiary device or that shows evidence	28293
of having been inflicted in a violent, malicious, or criminal	28294
manner shall fail to report the burn injury immediately to the	28295
local arson, or fire and explosion investigation, bureau, if there	28296
is a bureau of this type in the jurisdiction in which the person	28297
is attended or treated, or otherwise to local law enforcement	28298
authorities.	28299

(3) No manager, superintendent, or other person in charge of	28300
a hospital, sanitarium, or other medical facility in which a	28301
person is attended or treated for any burn injury that is	28302
inflicted by an explosion or other incendiary device or that shows	28303
evidence of having been inflicted in a violent, malicious, or	28304
criminal manner shall fail to report the burn injury immediately	28305
to the local arson, or fire and explosion investigation, bureau,	28306
if there is a bureau of this type in the jurisdiction in which the	28307
person is attended or treated, or otherwise to local law	28308
enforcement authorities.	28309

(4) No person who is required to report any burn injury under	28310
division (E)(2) or (3) of this section shall fail to file, within	28311
three working days after attending or treating the victim, a	28312
written report of the burn injury with the office of the state	28313
fire marshal. The report shall comply with the uniform standard	28314
developed by the state fire marshal pursuant to division (A)(15)	28315
of section 3737.22 of the Revised Code.	28316

(5) Anyone participating in the making of reports under	28317
division (E) of this section or anyone participating in a judicial	28318
proceeding resulting from the reports is immune from any civil or	28319
criminal liability that otherwise might be incurred or imposed as	28320
a result of such actions. Notwithstanding section 4731.22 of the	28321
Revised Code, the physician-patient relationship is not a ground	28322
for excluding evidence regarding a person's burn injury or the	28323
cause of the burn injury in any judicial proceeding resulting from	28324
a report submitted under division (E) of this section.	28325

(F)(1) Any doctor of medicine or osteopathic medicine,	28326
hospital intern or resident, registered or licensed practical	28327
nurse, psychologist, social worker, independent social worker,	28328
social work assistant, professional clinical counselor, or	28329
professional counselor who knows or has reasonable cause to	28330
believe that a patient or client has been the victim of domestic	28331
violence, as defined in section 3113.31 of the Revised Code, shall	28332
note that knowledge or belief and the basis for it in the	28333
patient's or client's records.	28334

(2) Notwithstanding section 4731.22 of the Revised Code, the	28335
doctor-patient privilege shall not be a ground for excluding any	28336
information regarding the report containing the knowledge or	28337
belief noted under division (F)(1) of this section, and the	28338
information may be admitted as evidence in accordance with the	28339
Rules of Evidence.	28340

(G) Divisions (A) and (D) of this section do not require	28341
disclosure of information, when any of the following applies:	28342

(1) The information is privileged by reason of the	28343
relationship between attorney and client; doctor and patient;	28344
licensed psychologist or licensed school psychologist and client;	28345
member of the clergy, rabbi, minister, or priest and any person	28346
communicating information confidentially to the member of the	28347
clergy, rabbi, minister, or priest for a religious counseling	28348
purpose of a professional character; husband and wife; or a	28349
communications assistant and those who are a party to a	28350
telecommunications relay service call.	28351

(2) The information would tend to incriminate a member of the	28352
actor's immediate family.	28353

(3) Disclosure of the information would amount to revealing a	28354
news source, privileged under section 2739.04 or 2739.12 of the	28355
Revised Code.	28356

(4) Disclosure of the information would amount to disclosure	28357
by a member of the ordained clergy of an organized religious body	28358
of a confidential communication made to that member of the clergy	28359
in that member's capacity as a member of the clergy by a person	28360
seeking the aid or counsel of that member of the clergy.	28361

(5) Disclosure would amount to revealing information acquired	28362
by the actor in the course of the actor's duties in connection	28363
with a bona fide program of treatment or services for drug	28364
dependent persons or persons in danger of drug dependence, which	28365
program is maintained or conducted by a hospital, clinic, person,	28366
agency, or ~~organization~~services provider certified pursuant to	28367
section ~~3793.06~~5119.36 of the Revised Code.	28368

(6) Disclosure would amount to revealing information acquired	28369
by the actor in the course of the actor's duties in connection	28370
with a bona fide program for providing counseling services to	28371
victims of crimes that are violations of section 2907.02 or	28372
2907.05 of the Revised Code or to victims of felonious sexual	28373
penetration in violation of former section 2907.12 of the Revised	28374
Code. As used in this division, "counseling services" include	28375
services provided in an informal setting by a person who, by	28376
education or experience, is competent to provide those services.	28377

(H) No disclosure of information pursuant to this section	28378
gives rise to any liability or recrimination for a breach of	28379
privilege or confidence.	28380

(I) Whoever violates division (A) or (B) of this section is	28381
guilty of failure to report a crime. Violation of division (A)(1)	28382
of this section is a misdemeanor of the fourth degree. Violation	28383
of division (A)(2) or (B) of this section is a misdemeanor of the	28384
second degree.	28385

(J) Whoever violates division (C) or (D) of this section is	28386
guilty of failure to report knowledge of a death, a misdemeanor of	28387
the fourth degree.	28388

(K)(1) Whoever negligently violates division (E) of this	28389
section is guilty of a minor misdemeanor.	28390

(2) Whoever knowingly violates division (E) of this section	28391
is guilty of a misdemeanor of the second degree.	28392

Sec. 2921.36. (A) No person shall knowingly convey, or	28393
attempt to convey, onto the grounds of a detention facility or of	28394
an institution, office building, or other place that is under the	28395
control of the department of ~~mental health~~mental health and	28396
addiction services, the department of developmental disabilities,	28397
the department of youth services, or the department of	28398
rehabilitation and correction any of the following items:	28399

(1) Any deadly weapon or dangerous ordnance, as defined in	28400
section 2923.11 of the Revised Code, or any part of or ammunition	28401
for use in such a deadly weapon or dangerous ordnance;	28402

(2) Any drug of abuse, as defined in section 3719.011 of the	28403
Revised Code;	28404

(3) Any intoxicating liquor, as defined in section 4301.01 of	28405
the Revised Code.	28406

(B) Division (A) of this section does not apply to any person	28407
who conveys or attempts to convey an item onto the grounds of a	28408
detention facility or of an institution, office building, or other	28409
place under the control of the department of ~~mental health~~mental	28410
health and addiction services, the department of developmental	28411
disabilities, the department of youth services, or the department	28412
of rehabilitation and correction pursuant to the written	28413
authorization of the person in charge of the detention facility or	28414
the institution, office building, or other place and in accordance	28415
with the written rules of the detention facility or the	28416
institution, office building, or other place.	28417

(C) No person shall knowingly deliver, or attempt to deliver,	28418
to any person who is confined in a detention facility, to a child	28419
confined in a youth services facility, to a prisoner who is	28420
temporarily released from confinement for a work assignment, or to	28421
any patient in an institution under the control of the department	28422
of ~~mental health~~mental health and addiction services or the	28423
department of developmental disabilities any item listed in	28424
division (A)(1), (2), or (3) of this section.	28425

(D) No person shall knowingly deliver, or attempt to deliver,	28426
cash to any person who is confined in a detention facility, to a	28427
child confined in a youth services facility, or to a prisoner who	28428
is temporarily released from confinement for a work assignment.	28429

(E) No person shall knowingly deliver, or attempt to deliver,	28430
to any person who is confined in a detention facility, to a child	28431
confined in a youth services facility, or to a prisoner who is	28432
temporarily released from confinement for a work assignment a	28433
cellular telephone, two-way radio, or other electronic	28434
communications device.	28435

(F)(1) It is an affirmative defense to a charge under	28436
division (A)(1) of this section that the weapon or dangerous	28437
ordnance in question was being transported in a motor vehicle for	28438
any lawful purpose, that it was not on the actor's person, and, if	28439
the weapon or dangerous ordnance in question was a firearm, that	28440
it was unloaded and was being carried in a closed package, box, or	28441
case or in a compartment that can be reached only by leaving the	28442
vehicle.	28443

(2) It is an affirmative defense to a charge under division	28444
(C) of this section that the actor was not otherwise prohibited by	28445
law from delivering the item to the confined person, the child,	28446
the prisoner, or the patient and that either of the following	28447
applies:	28448

(a) The actor was permitted by the written rules of the	28449
detention facility or the institution, office building, or other	28450
place to deliver the item to the confined person or the patient.	28451

(b) The actor was given written authorization by the person	28452
in charge of the detention facility or the institution, office	28453
building, or other place to deliver the item to the confined	28454
person or the patient.	28455

(G)(1) Whoever violates division (A)(1) of this section or	28456
commits a violation of division (C) of this section involving an	28457
item listed in division (A)(1) of this section is guilty of	28458
illegal conveyance of weapons onto the grounds of a specified	28459
governmental facility, a felony of the third degree. If the	28460
offender is an officer or employee of the department of	28461
rehabilitation and correction, the court shall impose a mandatory	28462
prison term.	28463

(2) Whoever violates division (A)(2) of this section or	28464
commits a violation of division (C) of this section involving any	28465
drug of abuse is guilty of illegal conveyance of drugs of abuse	28466
onto the grounds of a specified governmental facility, a felony of	28467
the third degree. If the offender is an officer or employee of the	28468
department of rehabilitation and correction or of the department	28469
of youth services, the court shall impose a mandatory prison term.	28470

(3) Whoever violates division (A)(3) of this section or	28471
commits a violation of division (C) of this section involving any	28472
intoxicating liquor is guilty of illegal conveyance of	28473
intoxicating liquor onto the grounds of a specified governmental	28474
facility, a misdemeanor of the second degree.	28475

(4) Whoever violates division (D) of this section is guilty	28476
of illegal conveyance of cash onto the grounds of a detention	28477
facility, a misdemeanor of the first degree. If the offender	28478
previously has been convicted of or pleaded guilty to a violation	28479
of division (D) of this section, illegal conveyance of cash onto	28480
the grounds of a detention facility is a felony of the fifth	28481
degree.	28482

(5) Whoever violates division (E) of this section is guilty	28483
of illegal conveyance of a communications device onto the grounds	28484
of a specified governmental facility, a misdemeanor of the first	28485
degree, or if the offender previously has been convicted of or	28486
pleaded guilty to a violation of division (E) of this section, a	28487
felony of the fifth degree.	28488

Sec. 2921.38. (A) No person who is confined in a detention	28489
facility, with intent to harass, annoy, threaten, or alarm another	28490
person, shall cause or attempt to cause the other person to come	28491
into contact with blood, semen, urine, feces, or another bodily	28492
substance by throwing the bodily substance at the other person, by	28493
expelling the bodily substance upon the other person, or in any	28494
other manner.	28495

(B) No person, with intent to harass, annoy, threaten, or	28496
alarm a law enforcement officer, shall cause or attempt to cause	28497
the law enforcement officer to come into contact with blood,	28498
semen, urine, feces, or another bodily substance by throwing the	28499
bodily substance at the law enforcement officer, by expelling the	28500
bodily substance upon the law enforcement officer, or in any other	28501
manner.	28502

(C) No person, with knowledge that the person is a carrier of	28503
the virus that causes acquired immunodeficiency syndrome, is a	28504
carrier of a hepatitis virus, or is infected with tuberculosis and	28505
with intent to harass, annoy, threaten, or alarm another person,	28506
shall cause or attempt to cause the other person to come into	28507
contact with blood, semen, urine, feces, or another bodily	28508
substance by throwing the bodily substance at the other person, by	28509
expelling the bodily substance upon the other person, or in any	28510
other manner.	28511

(D) Whoever violates this section is guilty of harassment	28512
with a bodily substance. A violation of division (A) or (B) of	28513
this section is a felony of the fifth degree. A violation of	28514
division (C) of this section is a felony of the third degree.	28515

(E)(1) The court, on request of the prosecutor, or the law	28516
enforcement authority responsible for the investigation of the	28517
violation, shall cause a person who allegedly has committed a	28518
violation of this section to submit to one or more appropriate	28519
tests to determine if the person is a carrier of the virus that	28520
causes acquired immunodeficiency syndrome, is a carrier of a	28521
hepatitis virus, or is infected with tuberculosis.	28522

(2) The court shall charge the offender with the costs of the	28523
test or tests ordered under division (E)(1) of this section unless	28524
the court determines that the accused is unable to pay, in which	28525
case the costs shall be charged to the entity that operates the	28526
detention facility in which the alleged offense occurred.	28527

(F) This section does not apply to a person who is	28528
hospitalized, institutionalized, or confined in a facility	28529
operated by the department of ~~mental health~~mental health and	28530
addiction services or the department of developmental	28531
disabilities.	28532

Sec. 2923.126. (A) A concealed handgun license that is	28533
issued under section 2923.125 of the Revised Code shall expire	28534
five years after the date of issuance. A licensee who has been	28535
issued a license under that section shall be granted a grace	28536
period of thirty days after the licensee's license expires during	28537
which the licensee's license remains valid. Except as provided in	28538
divisions (B) and (C) of this section, a licensee who has been	28539
issued a concealed handgun license under section 2923.125 or	28540
2923.1213 of the Revised Code may carry a concealed handgun	28541
anywhere in this state if the licensee also carries a valid	28542
license and valid identification when the licensee is in actual	28543
possession of a concealed handgun. The licensee shall give notice	28544
of any change in the licensee's residence address to the sheriff	28545
who issued the license within forty-five days after that change.	28546

If a licensee is the driver or an occupant of a motor vehicle	28547
that is stopped as the result of a traffic stop or a stop for	28548
another law enforcement purpose and if the licensee is	28549
transporting or has a loaded handgun in the motor vehicle at that	28550
time, the licensee shall promptly inform any law enforcement	28551
officer who approaches the vehicle while stopped that the licensee	28552
has been issued a concealed handgun license and that the licensee	28553
currently possesses or has a loaded handgun; the licensee shall	28554
not knowingly disregard or fail to comply with lawful orders of a	28555
law enforcement officer given while the motor vehicle is stopped,	28556
knowingly fail to remain in the motor vehicle while stopped, or	28557
knowingly fail to keep the licensee's hands in plain sight after	28558
any law enforcement officer begins approaching the licensee while	28559
stopped and before the officer leaves, unless directed otherwise	28560
by a law enforcement officer; and the licensee shall not knowingly	28561
have contact with the loaded handgun by touching it with the	28562
licensee's hands or fingers, in any manner in violation of	28563
division (E) of section 2923.16 of the Revised Code, after any law	28564
enforcement officer begins approaching the licensee while stopped	28565
and before the officer leaves. Additionally, if a licensee is the	28566
driver or an occupant of a commercial motor vehicle that is	28567
stopped by an employee of the motor carrier enforcement unit for	28568
the purposes defined in section 5503.04 of the Revised Code and if	28569
the licensee is transporting or has a loaded handgun in the	28570
commercial motor vehicle at that time, the licensee shall promptly	28571
inform the employee of the unit who approaches the vehicle while	28572
stopped that the licensee has been issued a concealed handgun	28573
license and that the licensee currently possesses or has a loaded	28574
handgun.	28575

If a licensee is stopped for a law enforcement purpose and if	28576
the licensee is carrying a concealed handgun at the time the	28577
officer approaches, the licensee shall promptly inform any law	28578
enforcement officer who approaches the licensee while stopped that	28579
the licensee has been issued a concealed handgun license and that	28580
the licensee currently is carrying a concealed handgun; the	28581
licensee shall not knowingly disregard or fail to comply with	28582
lawful orders of a law enforcement officer given while the	28583
licensee is stopped or knowingly fail to keep the licensee's hands	28584
in plain sight after any law enforcement officer begins	28585
approaching the licensee while stopped and before the officer	28586
leaves, unless directed otherwise by a law enforcement officer;	28587
and the licensee shall not knowingly remove, attempt to remove,	28588
grasp, or hold the loaded handgun or knowingly have contact with	28589
the loaded handgun by touching it with the licensee's hands or	28590
fingers, in any manner in violation of division (B) of section	28591
2923.12 of the Revised Code, after any law enforcement officer	28592
begins approaching the licensee while stopped and before the	28593
officer leaves.	28594

(B) A valid concealed handgun license does not authorize the	28595
licensee to carry a concealed handgun in any manner prohibited	28596
under division (B) of section 2923.12 of the Revised Code or in	28597
any manner prohibited under section 2923.16 of the Revised Code. A	28598
valid license does not authorize the licensee to carry a concealed	28599
handgun into any of the following places:	28600

(1) A police station, sheriff's office, or state highway	28601
patrol station, premises controlled by the bureau of criminal	28602
identification and investigation, a state correctional	28603
institution, jail, workhouse, or other detention facility, an	28604
airport passenger terminal, or an institution that is maintained,	28605
operated, managed, and governed pursuant to division (A) of	28606
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	28607
section 5123.03 of the Revised Code;	28608

(2) A school safety zone if the licensee's carrying the	28609
concealed handgun is in violation of section 2923.122 of the	28610
Revised Code;	28611

(3) A courthouse or another building or structure in which a	28612
courtroom is located, in violation of section 2923.123 of the	28613
Revised Code;	28614

(4) Any premises or open air arena for which a D permit has	28615
been issued under Chapter 4303. of the Revised Code if the	28616
licensee's carrying the concealed handgun is in violation of	28617
section 2923.121 of the Revised Code;	28618

(5) Any premises owned or leased by any public or private	28619
college, university, or other institution of higher education,	28620
unless the handgun is in a locked motor vehicle or the licensee is	28621
in the immediate process of placing the handgun in a locked motor	28622
vehicle;	28623

(6) Any church, synagogue, mosque, or other place of worship,	28624
unless the church, synagogue, mosque, or other place of worship	28625
posts or permits otherwise;	28626

(7) A child day-care center, a type A family day-care home, a	28627
type B family day-care home, or a type C family day-care home,	28628
except that this division does not prohibit a licensee who resides	28629
in a type A family day-care home, a type B family day-care home,	28630
or a type C family day-care home from carrying a concealed handgun	28631
at any time in any part of the home that is not dedicated or used	28632
for day-care purposes, or from carrying a concealed handgun in a	28633
part of the home that is dedicated or used for day-care purposes	28634
at any time during which no children, other than children of that	28635
licensee, are in the home;	28636

(8) An aircraft that is in, or intended for operation in,	28637
foreign air transportation, interstate air transportation,	28638
intrastate air transportation, or the transportation of mail by	28639
aircraft;	28640

(9) Any building that is a government facility of this state	28641
or a political subdivision of this state and that is not a	28642
building that is used primarily as a shelter, restroom, parking	28643
facility for motor vehicles, or rest facility and is not a	28644
courthouse or other building or structure in which a courtroom is	28645
located that is subject to division (B)(3) of this section;	28646

(10) A place in which federal law prohibits the carrying of	28647
handguns.	28648

(C)(1) Nothing in this section shall negate or restrict a	28649
rule, policy, or practice of a private employer that is not a	28650
private college, university, or other institution of higher	28651
education concerning or prohibiting the presence of firearms on	28652
the private employer's premises or property, including motor	28653
vehicles owned by the private employer. Nothing in this section	28654
shall require a private employer of that nature to adopt a rule,	28655
policy, or practice concerning or prohibiting the presence of	28656
firearms on the private employer's premises or property, including	28657
motor vehicles owned by the private employer.	28658

(2)(a) A private employer shall be immune from liability in a	28659
civil action for any injury, death, or loss to person or property	28660
that allegedly was caused by or related to a licensee bringing a	28661
handgun onto the premises or property of the private employer,	28662
including motor vehicles owned by the private employer, unless the	28663
private employer acted with malicious purpose. A private employer	28664
is immune from liability in a civil action for any injury, death,	28665
or loss to person or property that allegedly was caused by or	28666
related to the private employer's decision to permit a licensee to	28667
bring, or prohibit a licensee from bringing, a handgun onto the	28668
premises or property of the private employer. As used in this	28669
division, "private employer" includes a private college,	28670
university, or other institution of higher education.	28671

(b) A political subdivision shall be immune from liability in	28672
a civil action, to the extent and in the manner provided in	28673
Chapter 2744. of the Revised Code, for any injury, death, or loss	28674
to person or property that allegedly was caused by or related to a	28675
licensee bringing a handgun onto any premises or property owned,	28676
leased, or otherwise under the control of the political	28677
subdivision. As used in this division, "political subdivision" has	28678
the same meaning as in section 2744.01 of the Revised Code.	28679

(3)(a) Except as provided in division (C)(3)(b) of this	28680
section, the owner or person in control of private land or	28681
premises, and a private person or entity leasing land or premises	28682
owned by the state, the United States, or a political subdivision	28683
of the state or the United States, may post a sign in a	28684
conspicuous location on that land or on those premises prohibiting	28685
persons from carrying firearms or concealed firearms on or onto	28686
that land or those premises. Except as otherwise provided in this	28687
division, a person who knowingly violates a posted prohibition of	28688
that nature is guilty of criminal trespass in violation of	28689
division (A)(4) of section 2911.21 of the Revised Code and is	28690
guilty of a misdemeanor of the fourth degree. If a person	28691
knowingly violates a posted prohibition of that nature and the	28692
posted land or premises primarily was a parking lot or other	28693
parking facility, the person is not guilty of criminal trespass in	28694
violation of division (A)(4) of section 2911.21 of the Revised	28695
Code and instead is subject only to a civil cause of action for	28696
trespass based on the violation.	28697

(b) A landlord may not prohibit or restrict a tenant who is a	28698
licensee and who on or after September 9, 2008, enters into a	28699
rental agreement with the landlord for the use of residential	28700
premises, and the tenant's guest while the tenant is present, from	28701
lawfully carrying or possessing a handgun on those residential	28702
premises.	28703

28704

(i) "Residential premises" has the same meaning as in section	28705
5321.01 of the Revised Code, except "residential premises" does	28706
not include a dwelling unit that is owned or operated by a college	28707
or university.	28708

(ii) "Landlord," "tenant," and "rental agreement" have the	28709
same meanings as in section 5321.01 of the Revised Code.	28710

(D) A person who holds a concealed handgun license issued by	28711
another state that is recognized by the attorney general pursuant	28712
to a reciprocity agreement entered into pursuant to section 109.69	28713
of the Revised Code has the same right to carry a concealed	28714
handgun in this state as a person who was issued a concealed	28715
handgun license under section 2923.125 of the Revised Code and is	28716
subject to the same restrictions that apply to a person who	28717
carries a license issued under that section.	28718

(E) A peace officer has the same right to carry a concealed	28719
handgun in this state as a person who was issued a concealed	28720
handgun license under section 2923.125 of the Revised Code. For	28721
purposes of reciprocity with other states, a peace officer shall	28722
be considered to be a licensee in this state.	28723

(F)(1) A qualified retired peace officer who possesses a	28724
retired peace officer identification card issued pursuant to	28725
division (F)(2) of this section and a valid firearms	28726
requalification certification issued pursuant to division (F)(3)	28727
of this section has the same right to carry a concealed handgun in	28728
this state as a person who was issued a concealed handgun license	28729
under section 2923.125 of the Revised Code and is subject to the	28730
same restrictions that apply to a person who carries a license	28731
issued under that section. For purposes of reciprocity with other	28732
states, a qualified retired peace officer who possesses a retired	28733
peace officer identification card issued pursuant to division	28734
(F)(2) of this section and a valid firearms requalification	28735
certification issued pursuant to division (F)(3) of this section	28736
shall be considered to be a licensee in this state.	28737

(2)(a) Each public agency of this state or of a political	28738
subdivision of this state that is served by one or more peace	28739
officers shall issue a retired peace officer identification card	28740
to any person who retired from service as a peace officer with	28741
that agency, if the issuance is in accordance with the agency's	28742
policies and procedures and if the person, with respect to the	28743
person's service with that agency, satisfies all of the following:	28744

(i) The person retired in good standing from service as a	28745
peace officer with the public agency, and the retirement was not	28746
for reasons of mental instability.	28747

(ii) Before retiring from service as a peace officer with	28748
that agency, the person was authorized to engage in or supervise	28749
the prevention, detection, investigation, or prosecution of, or	28750
the incarceration of any person for, any violation of law and the	28751
person had statutory powers of arrest.	28752

(iii) At the time of the person's retirement as a peace	28753
officer with that agency, the person was trained and qualified to	28754
carry firearms in the performance of the peace officer's duties.	28755

(iv) Before retiring from service as a peace officer with	28756
that agency, the person was regularly employed as a peace officer	28757
for an aggregate of fifteen years or more, or, in the alternative,	28758
the person retired from service as a peace officer with that	28759
agency, after completing any applicable probationary period of	28760
that service, due to a service-connected disability, as determined	28761
by the agency.	28762

(b) A retired peace officer identification card issued to a	28763
person under division (F)(2)(a) of this section shall identify the	28764
person by name, contain a photograph of the person, identify the	28765
public agency of this state or of the political subdivision of	28766
this state from which the person retired as a peace officer and	28767
that is issuing the identification card, and specify that the	28768
person retired in good standing from service as a peace officer	28769
with the issuing public agency and satisfies the criteria set	28770
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	28771
addition to the required content specified in this division, a	28772
retired peace officer identification card issued to a person under	28773
division (F)(2)(a) of this section may include the firearms	28774
requalification certification described in division (F)(3) of this	28775
section, and if the identification card includes that	28776
certification, the identification card shall serve as the firearms	28777
requalification certification for the retired peace officer. If	28778
the issuing public agency issues credentials to active law	28779
enforcement officers who serve the agency, the agency may comply	28780
with division (F)(2)(a) of this section by issuing the same	28781
credentials to persons who retired from service as a peace officer	28782
with the agency and who satisfy the criteria set forth in	28783
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	28784
credentials so issued to retired peace officers are stamped with	28785
the word "RETIRED."	28786

(c) A public agency of this state or of a political	28787
subdivision of this state may charge persons who retired from	28788
service as a peace officer with the agency a reasonable fee for	28789
issuing to the person a retired peace officer identification card	28790
pursuant to division (F)(2)(a) of this section.	28791

(3) If a person retired from service as a peace officer with	28792
a public agency of this state or of a political subdivision of	28793
this state and the person satisfies the criteria set forth in	28794
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	28795
may provide the retired peace officer with the opportunity to	28796
attend a firearms requalification program that is approved for	28797
purposes of firearms requalification required under section	28798
109.801 of the Revised Code. The retired peace officer may be	28799
required to pay the cost of the course.	28800

If a retired peace officer who satisfies the criteria set	28801
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	28802
firearms requalification program that is approved for purposes of	28803
firearms requalification required under section 109.801 of the	28804
Revised Code, the retired peace officer's successful completion of	28805
the firearms requalification program requalifies the retired peace	28806
officer for purposes of division (F) of this section for five	28807
years from the date on which the program was successfully	28808
completed, and the requalification is valid during that five-year	28809
period. If a retired peace officer who satisfies the criteria set	28810
forth in divisions (F)(2)(a)(i) to (iv) of this section	28811
satisfactorily completes such a firearms requalification program,	28812
the retired peace officer shall be issued a firearms	28813
requalification certification that identifies the retired peace	28814
officer by name, identifies the entity that taught the program,	28815
specifies that the retired peace officer successfully completed	28816
the program, specifies the date on which the course was	28817
successfully completed, and specifies that the requalification is	28818
valid for five years from that date of successful completion. The	28819
firearms requalification certification for a retired peace officer	28820
may be included in the retired peace officer identification card	28821
issued to the retired peace officer under division (F)(2) of this	28822
section.	28823

A retired peace officer who attends a firearms	28824
requalification program that is approved for purposes of firearms	28825
requalification required under section 109.801 of the Revised Code	28826
may be required to pay the cost of the program.	28827

(G) As used in this section:

28828

(1) "Qualified retired peace officer" means a person who	28829
satisfies all of the following:	28830

(a) The person satisfies the criteria set forth in divisions	28831
(F)(2)(a)(i) to (v) of this section.	28832

(b) The person is not under the influence of alcohol or	28833
another intoxicating or hallucinatory drug or substance.	28834

(c) The person is not prohibited by federal law from	28835
receiving firearms.	28836

(2) "Retired peace officer identification card" means an	28837
identification card that is issued pursuant to division (F)(2) of	28838
this section to a person who is a retired peace officer.	28839

(3) "Government facility of this state or a political	28840
subdivision of this state" means any of the following:	28841

(a) A building or part of a building that is owned or leased	28842
by the government of this state or a political subdivision of this	28843
state and where employees of the government of this state or the	28844
political subdivision regularly are present for the purpose of	28845
performing their official duties as employees of the state or	28846
political subdivision;	28847

(b) The office of a deputy registrar serving pursuant to	28848
Chapter 4503. of the Revised Code that is used to perform deputy	28849
registrar functions.	28850

Sec. 2925.03. (A) No person shall knowingly do any of the	28851
following:	28852

(1) Sell or offer to sell a controlled substance or a	28853
controlled substance analog;	28854

(2) Prepare for shipment, ship, transport, deliver, prepare	28855
for distribution, or distribute a controlled substance or a	28856
controlled substance analog, when the offender knows or has	28857
reasonable cause to believe that the controlled substance or a	28858
controlled substance analog is intended for sale or resale by the	28859
offender or another person.	28860

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

28861

(1) Manufacturers, licensed health professionals authorized	28862
to prescribe drugs, pharmacists, owners of pharmacies, and other	28863
persons whose conduct is in accordance with Chapters 3719., 4715.,	28864
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	28865

(2) If the offense involves an anabolic steroid, any person	28866
who is conducting or participating in a research project involving	28867
the use of an anabolic steroid if the project has been approved by	28868
the United States food and drug administration;	28869

(3) Any person who sells, offers for sale, prescribes,	28870
dispenses, or administers for livestock or other nonhuman species	28871
an anabolic steroid that is expressly intended for administration	28872
through implants to livestock or other nonhuman species and	28873
approved for that purpose under the "Federal Food, Drug, and	28874
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	28875
and is sold, offered for sale, prescribed, dispensed, or	28876
administered for that purpose in accordance with that act.	28877

(C) Whoever violates division (A) of this section is guilty	28878
of one of the following:	28879

(1) If the drug involved in the violation is any compound,	28880
mixture, preparation, or substance included in schedule I or	28881
schedule II, with the exception of marihuana, cocaine, L.S.D.,	28882
heroin, hashish, and controlled substance analogs, whoever	28883
violates division (A) of this section is guilty of aggravated	28884
trafficking in drugs. The penalty for the offense shall be	28885
determined as follows:	28886

(a) Except as otherwise provided in division (C)(1)(b), (c),	28887
(d), (e), or (f) of this section, aggravated trafficking in drugs	28888
is a felony of the fourth degree, and division (C) of section	28889
2929.13 of the Revised Code applies in determining whether to	28890
impose a prison term on the offender.	28891

(b) Except as otherwise provided in division (C)(1)(c), (d),	28892
(e), or (f) of this section, if the offense was committed in the	28893
vicinity of a school or in the vicinity of a juvenile, aggravated	28894
trafficking in drugs is a felony of the third degree, and division	28895
(C) of section 2929.13 of the Revised Code applies in determining	28896
whether to impose a prison term on the offender.	28897

(c) Except as otherwise provided in this division, if the	28898
amount of the drug involved equals or exceeds the bulk amount but	28899
is less than five times the bulk amount, aggravated trafficking in	28900
drugs is a felony of the third degree, and, except as otherwise	28901
provided in this division, there is a presumption for a prison	28902
term for the offense. If aggravated trafficking in drugs is a	28903
felony of the third degree under this division and if the offender	28904
two or more times previously has been convicted of or pleaded	28905
guilty to a felony drug abuse offense, the court shall impose as a	28906
mandatory prison term one of the prison terms prescribed for a	28907
felony of the third degree. If the amount of the drug involved is	28908
within that range and if the offense was committed in the vicinity	28909
of a school or in the vicinity of a juvenile, aggravated	28910
trafficking in drugs is a felony of the second degree, and the	28911
court shall impose as a mandatory prison term one of the prison	28912
terms prescribed for a felony of the second degree.	28913

(d) Except as otherwise provided in this division, if the	28914
amount of the drug involved equals or exceeds five times the bulk	28915
amount but is less than fifty times the bulk amount, aggravated	28916
trafficking in drugs is a felony of the second degree, and the	28917
court shall impose as a mandatory prison term one of the prison	28918
terms prescribed for a felony of the second degree. If the amount	28919
of the drug involved is within that range and if the offense was	28920
committed in the vicinity of a school or in the vicinity of a	28921
juvenile, aggravated trafficking in drugs is a felony of the first	28922
degree, and the court shall impose as a mandatory prison term one	28923
of the prison terms prescribed for a felony of the first degree.	28924

(e) If the amount of the drug involved equals or exceeds	28925
fifty times the bulk amount but is less than one hundred times the	28926
bulk amount and regardless of whether the offense was committed in	28927
the vicinity of a school or in the vicinity of a juvenile,	28928
aggravated trafficking in drugs is a felony of the first degree,	28929
and the court shall impose as a mandatory prison term one of the	28930
prison terms prescribed for a felony of the first degree.	28931

(f) If the amount of the drug involved equals or exceeds one	28932
hundred times the bulk amount and regardless of whether the	28933
offense was committed in the vicinity of a school or in the	28934
vicinity of a juvenile, aggravated trafficking in drugs is a	28935
felony of the first degree, the offender is a major drug offender,	28936
and the court shall impose as a mandatory prison term the maximum	28937
prison term prescribed for a felony of the first degree.	28938

(2) If the drug involved in the violation is any compound,	28939
mixture, preparation, or substance included in schedule III, IV,	28940
or V, whoever violates division (A) of this section is guilty of	28941
trafficking in drugs. The penalty for the offense shall be	28942
determined as follows:	28943

(a) Except as otherwise provided in division (C)(2)(b), (c),	28944
(d), or (e) of this section, trafficking in drugs is a felony of	28945
the fifth degree, and division (B) of section 2929.13 of the	28946
Revised Code applies in determining whether to impose a prison	28947
term on the offender.	28948

(b) Except as otherwise provided in division (C)(2)(c), (d),	28949
or (e) of this section, if the offense was committed in the	28950
vicinity of a school or in the vicinity of a juvenile, trafficking	28951
in drugs is a felony of the fourth degree, and division (C) of	28952
section 2929.13 of the Revised Code applies in determining whether	28953
to impose a prison term on the offender.	28954

(c) Except as otherwise provided in this division, if the	28955
amount of the drug involved equals or exceeds the bulk amount but	28956
is less than five times the bulk amount, trafficking in drugs is a	28957
felony of the fourth degree, and division (B) of section 2929.13	28958
of the Revised Code applies in determining whether to impose a	28959
prison term for the offense. If the amount of the drug involved is	28960
within that range and if the offense was committed in the vicinity	28961
of a school or in the vicinity of a juvenile, trafficking in drugs	28962
is a felony of the third degree, and there is a presumption for a	28963
prison term for the offense.	28964

(d) Except as otherwise provided in this division, if the	28965
amount of the drug involved equals or exceeds five times the bulk	28966
amount but is less than fifty times the bulk amount, trafficking	28967
in drugs is a felony of the third degree, and there is a	28968
presumption for a prison term for the offense. If the amount of	28969
the drug involved is within that range and if the offense was	28970
committed in the vicinity of a school or in the vicinity of a	28971
juvenile, trafficking in drugs is a felony of the second degree,	28972
and there is a presumption for a prison term for the offense.	28973

(e) Except as otherwise provided in this division, if the	28974
amount of the drug involved equals or exceeds fifty times the bulk	28975
amount, trafficking in drugs is a felony of the second degree, and	28976
the court shall impose as a mandatory prison term one of the	28977
prison terms prescribed for a felony of the second degree. If the	28978
amount of the drug involved equals or exceeds fifty times the bulk	28979
amount and if the offense was committed in the vicinity of a	28980
school or in the vicinity of a juvenile, trafficking in drugs is a	28981
felony of the first degree, and the court shall impose as a	28982
mandatory prison term one of the prison terms prescribed for a	28983
felony of the first degree.	28984

(3) If the drug involved in the violation is marihuana or a	28985
compound, mixture, preparation, or substance containing marihuana	28986
other than hashish, whoever violates division (A) of this section	28987
is guilty of trafficking in marihuana. The penalty for the offense	28988
shall be determined as follows:	28989

(a) Except as otherwise provided in division (C)(3)(b), (c),	28990
(d), (e), (f), (g), or (h) of this section, trafficking in	28991
marihuana is a felony of the fifth degree, and division (B) of	28992
section 2929.13 of the Revised Code applies in determining whether	28993
to impose a prison term on the offender.	28994

(b) Except as otherwise provided in division (C)(3)(c), (d),	28995
(e), (f), (g), or (h) of this section, if the offense was	28996
committed in the vicinity of a school or in the vicinity of a	28997
juvenile, trafficking in marihuana is a felony of the fourth	28998
degree, and division (B) of section 2929.13 of the Revised Code	28999
applies in determining whether to impose a prison term on the	29000
offender.	29001

(c) Except as otherwise provided in this division, if the	29002
amount of the drug involved equals or exceeds two hundred grams	29003
but is less than one thousand grams, trafficking in marihuana is a	29004
felony of the fourth degree, and division (B) of section 2929.13	29005
of the Revised Code applies in determining whether to impose a	29006
prison term on the offender. If the amount of the drug involved is	29007
within that range and if the offense was committed in the vicinity	29008
of a school or in the vicinity of a juvenile, trafficking in	29009
marihuana is a felony of the third degree, and division (C) of	29010
section 2929.13 of the Revised Code applies in determining whether	29011
to impose a prison term on the offender.	29012

(d) Except as otherwise provided in this division, if the	29013
amount of the drug involved equals or exceeds one thousand grams	29014
but is less than five thousand grams, trafficking in marihuana is	29015
a felony of the third degree, and division (C) of section 2929.13	29016
of the Revised Code applies in determining whether to impose a	29017
prison term on the offender. If the amount of the drug involved is	29018
within that range and if the offense was committed in the vicinity	29019
of a school or in the vicinity of a juvenile, trafficking in	29020
marihuana is a felony of the second degree, and there is a	29021
presumption that a prison term shall be imposed for the offense.	29022

(e) Except as otherwise provided in this division, if the	29023
amount of the drug involved equals or exceeds five thousand grams	29024
but is less than twenty thousand grams, trafficking in marihuana	29025
is a felony of the third degree, and there is a presumption that a	29026
prison term shall be imposed for the offense. If the amount of the	29027
drug involved is within that range and if the offense was	29028
committed in the vicinity of a school or in the vicinity of a	29029
juvenile, trafficking in marihuana is a felony of the second	29030
degree, and there is a presumption that a prison term shall be	29031
imposed for the offense.	29032

(f) Except as otherwise provided in this division, if the	29033
amount of the drug involved equals or exceeds twenty thousand	29034
grams but is less than forty thousand grams, trafficking in	29035
marihuana is a felony of the second degree, and the court shall	29036
impose a mandatory prison term of five, six, seven, or eight	29037
years. If the amount of the drug involved is within that range and	29038
if the offense was committed in the vicinity of a school or in the	29039
vicinity of a juvenile, trafficking in marihuana is a felony of	29040
the first degree, and the court shall impose as a mandatory prison	29041
term the maximum prison term prescribed for a felony of the first	29042
degree.	29043

(g) Except as otherwise provided in this division, if the	29044
amount of the drug involved equals or exceeds forty thousand	29045
grams, trafficking in marihuana is a felony of the second degree,	29046
and the court shall impose as a mandatory prison term the maximum	29047
prison term prescribed for a felony of the second degree. If the	29048
amount of the drug involved equals or exceeds forty thousand grams	29049
and if the offense was committed in the vicinity of a school or in	29050
the vicinity of a juvenile, trafficking in marihuana is a felony	29051
of the first degree, and the court shall impose as a mandatory	29052
prison term the maximum prison term prescribed for a felony of the	29053
first degree.	29054

(h) Except as otherwise provided in this division, if the	29055
offense involves a gift of twenty grams or less of marihuana,	29056
trafficking in marihuana is a minor misdemeanor upon a first	29057
offense and a misdemeanor of the third degree upon a subsequent	29058
offense. If the offense involves a gift of twenty grams or less of	29059
marihuana and if the offense was committed in the vicinity of a	29060
school or in the vicinity of a juvenile, trafficking in marihuana	29061
is a misdemeanor of the third degree.	29062

(4) If the drug involved in the violation is cocaine or a	29063
compound, mixture, preparation, or substance containing cocaine,	29064
whoever violates division (A) of this section is guilty of	29065
trafficking in cocaine. The penalty for the offense shall be	29066
determined as follows:	29067

(a) Except as otherwise provided in division (C)(4)(b), (c),	29068
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	29069
felony of the fifth degree, and division (B) of section 2929.13 of	29070
the Revised Code applies in determining whether to impose a prison	29071
term on the offender.	29072

(b) Except as otherwise provided in division (C)(4)(c), (d),	29073
(e), (f), or (g) of this section, if the offense was committed in	29074
the vicinity of a school or in the vicinity of a juvenile,	29075
trafficking in cocaine is a felony of the fourth degree, and	29076
division (C) of section 2929.13 of the Revised Code applies in	29077
determining whether to impose a prison term on the offender.	29078

(c) Except as otherwise provided in this division, if the	29079
amount of the drug involved equals or exceeds five grams but is	29080
less than ten grams of cocaine, trafficking in cocaine is a felony	29081
of the fourth degree, and division (B) of section 2929.13 of the	29082
Revised Code applies in determining whether to impose a prison	29083
term for the offense. If the amount of the drug involved is within	29084
that range and if the offense was committed in the vicinity of a	29085
school or in the vicinity of a juvenile, trafficking in cocaine is	29086
a felony of the third degree, and there is a presumption for a	29087
prison term for the offense.	29088

(d) Except as otherwise provided in this division, if the	29089
amount of the drug involved equals or exceeds ten grams but is	29090
less than twenty grams of cocaine, trafficking in cocaine is a	29091
felony of the third degree, and, except as otherwise provided in	29092
this division, there is a presumption for a prison term for the	29093
offense. If trafficking in cocaine is a felony of the third degree	29094
under this division and if the offender two or more times	29095
previously has been convicted of or pleaded guilty to a felony	29096
drug abuse offense, the court shall impose as a mandatory prison	29097
term one of the prison terms prescribed for a felony of the third	29098
degree. If the amount of the drug involved is within that range	29099
and if the offense was committed in the vicinity of a school or in	29100
the vicinity of a juvenile, trafficking in cocaine is a felony of	29101
the second degree, and the court shall impose as a mandatory	29102
prison term one of the prison terms prescribed for a felony of the	29103
second degree.	29104

(e) Except as otherwise provided in this division, if the	29105
amount of the drug involved equals or exceeds twenty grams but is	29106
less than twenty-seven grams of cocaine, trafficking in cocaine is	29107
a felony of the second degree, and the court shall impose as a	29108
mandatory prison term one of the prison terms prescribed for a	29109
felony of the second degree. If the amount of the drug involved is	29110
within that range and if the offense was committed in the vicinity	29111
of a school or in the vicinity of a juvenile, trafficking in	29112
cocaine is a felony of the first degree, and the court shall	29113
impose as a mandatory prison term one of the prison terms	29114
prescribed for a felony of the first degree.	29115

(f) If the amount of the drug involved equals or exceeds	29116
twenty-seven grams but is less than one hundred grams of cocaine	29117
and regardless of whether the offense was committed in the	29118
vicinity of a school or in the vicinity of a juvenile, trafficking	29119
in cocaine is a felony of the first degree, and the court shall	29120
impose as a mandatory prison term one of the prison terms	29121
prescribed for a felony of the first degree.	29122

(g) If the amount of the drug involved equals or exceeds one	29123
hundred grams of cocaine and regardless of whether the offense was	29124
committed in the vicinity of a school or in the vicinity of a	29125
juvenile, trafficking in cocaine is a felony of the first degree,	29126
the offender is a major drug offender, and the court shall impose	29127
as a mandatory prison term the maximum prison term prescribed for	29128
a felony of the first degree.	29129

(5) If the drug involved in the violation is L.S.D. or a	29130
compound, mixture, preparation, or substance containing L.S.D.,	29131
whoever violates division (A) of this section is guilty of	29132
trafficking in L.S.D. The penalty for the offense shall be	29133
determined as follows:	29134

(a) Except as otherwise provided in division (C)(5)(b), (c),	29135
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	29136
felony of the fifth degree, and division (B) of section 2929.13 of	29137
the Revised Code applies in determining whether to impose a prison	29138
term on the offender.	29139

(b) Except as otherwise provided in division (C)(5)(c), (d),	29140
(e), (f), or (g) of this section, if the offense was committed in	29141
the vicinity of a school or in the vicinity of a juvenile,	29142
trafficking in L.S.D. is a felony of the fourth degree, and	29143
division (C) of section 2929.13 of the Revised Code applies in	29144
determining whether to impose a prison term on the offender.	29145

(c) Except as otherwise provided in this division, if the	29146
amount of the drug involved equals or exceeds ten unit doses but	29147
is less than fifty unit doses of L.S.D. in a solid form or equals	29148
or exceeds one gram but is less than five grams of L.S.D. in a	29149
liquid concentrate, liquid extract, or liquid distillate form,	29150
trafficking in L.S.D. is a felony of the fourth degree, and	29151
division (B) of section 2929.13 of the Revised Code applies in	29152
determining whether to impose a prison term for the offense. If	29153
the amount of the drug involved is within that range and if the	29154
offense was committed in the vicinity of a school or in the	29155
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	29156
third degree, and there is a presumption for a prison term for the	29157
offense.	29158

(d) Except as otherwise provided in this division, if the	29159
amount of the drug involved equals or exceeds fifty unit doses but	29160
is less than two hundred fifty unit doses of L.S.D. in a solid	29161
form or equals or exceeds five grams but is less than twenty-five	29162
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	29163
distillate form, trafficking in L.S.D. is a felony of the third	29164
degree, and, except as otherwise provided in this division, there	29165
is a presumption for a prison term for the offense. If trafficking	29166
in L.S.D. is a felony of the third degree under this division and	29167
if the offender two or more times previously has been convicted of	29168
or pleaded guilty to a felony drug abuse offense, the court shall	29169
impose as a mandatory prison term one of the prison terms	29170
prescribed for a felony of the third degree. If the amount of the	29171
drug involved is within that range and if the offense was	29172
committed in the vicinity of a school or in the vicinity of a	29173
juvenile, trafficking in L.S.D. is a felony of the second degree,	29174
and the court shall impose as a mandatory prison term one of the	29175
prison terms prescribed for a felony of the second degree.	29176

(e) Except as otherwise provided in this division, if the	29177
amount of the drug involved equals or exceeds two hundred fifty	29178
unit doses but is less than one thousand unit doses of L.S.D. in a	29179
solid form or equals or exceeds twenty-five grams but is less than	29180
one hundred grams of L.S.D. in a liquid concentrate, liquid	29181
extract, or liquid distillate form, trafficking in L.S.D. is a	29182
felony of the second degree, and the court shall impose as a	29183
mandatory prison term one of the prison terms prescribed for a	29184
felony of the second degree. If the amount of the drug involved is	29185
within that range and if the offense was committed in the vicinity	29186
of a school or in the vicinity of a juvenile, trafficking in	29187
L.S.D. is a felony of the first degree, and the court shall impose	29188
as a mandatory prison term one of the prison terms prescribed for	29189
a felony of the first degree.	29190

(f) If the amount of the drug involved equals or exceeds one	29191
thousand unit doses but is less than five thousand unit doses of	29192
L.S.D. in a solid form or equals or exceeds one hundred grams but	29193
is less than five hundred grams of L.S.D. in a liquid concentrate,	29194
liquid extract, or liquid distillate form and regardless of	29195
whether the offense was committed in the vicinity of a school or	29196
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	29197
of the first degree, and the court shall impose as a mandatory	29198
prison term one of the prison terms prescribed for a felony of the	29199
first degree.	29200

(g) If the amount of the drug involved equals or exceeds five	29201
thousand unit doses of L.S.D. in a solid form or equals or exceeds	29202
five hundred grams of L.S.D. in a liquid concentrate, liquid	29203
extract, or liquid distillate form and regardless of whether the	29204
offense was committed in the vicinity of a school or in the	29205
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	29206
first degree, the offender is a major drug offender, and the court	29207
shall impose as a mandatory prison term the maximum prison term	29208
prescribed for a felony of the first degree.	29209

(6) If the drug involved in the violation is heroin or a	29210
compound, mixture, preparation, or substance containing heroin,	29211
whoever violates division (A) of this section is guilty of	29212
trafficking in heroin. The penalty for the offense shall be	29213
determined as follows:	29214

(a) Except as otherwise provided in division (C)(6)(b), (c),	29215
(d), (e), (f), or (g) of this section, trafficking in heroin is a	29216
felony of the fifth degree, and division (B) of section 2929.13 of	29217
the Revised Code applies in determining whether to impose a prison	29218
term on the offender.	29219

(b) Except as otherwise provided in division (C)(6)(c), (d),	29220
(e), (f), or (g) of this section, if the offense was committed in	29221
the vicinity of a school or in the vicinity of a juvenile,	29222
trafficking in heroin is a felony of the fourth degree, and	29223
division (C) of section 2929.13 of the Revised Code applies in	29224
determining whether to impose a prison term on the offender.	29225

(c) Except as otherwise provided in this division, if the	29226
amount of the drug involved equals or exceeds ten unit doses but	29227
is less than fifty unit doses or equals or exceeds one gram but is	29228
less than five grams, trafficking in heroin is a felony of the	29229
fourth degree, and division (B) of section 2929.13 of the Revised	29230
Code applies in determining whether to impose a prison term for	29231
the offense. If the amount of the drug involved is within that	29232
range and if the offense was committed in the vicinity of a school	29233
or in the vicinity of a juvenile, trafficking in heroin is a	29234
felony of the third degree, and there is a presumption for a	29235
prison term for the offense.	29236

(d) Except as otherwise provided in this division, if the	29237
amount of the drug involved equals or exceeds fifty unit doses but	29238
is less than one hundred unit doses or equals or exceeds five	29239
grams but is less than ten grams, trafficking in heroin is a	29240
felony of the third degree, and there is a presumption for a	29241
prison term for the offense. If the amount of the drug involved is	29242
within that range and if the offense was committed in the vicinity	29243
of a school or in the vicinity of a juvenile, trafficking in	29244
heroin is a felony of the second degree, and there is a	29245
presumption for a prison term for the offense.	29246

(e) Except as otherwise provided in this division, if the	29247
amount of the drug involved equals or exceeds one hundred unit	29248
doses but is less than five hundred unit doses or equals or	29249
exceeds ten grams but is less than fifty grams, trafficking in	29250
heroin is a felony of the second degree, and the court shall	29251
impose as a mandatory prison term one of the prison terms	29252
prescribed for a felony of the second degree. If the amount of the	29253
drug involved is within that range and if the offense was	29254
committed in the vicinity of a school or in the vicinity of a	29255
juvenile, trafficking in heroin is a felony of the first degree,	29256
and the court shall impose as a mandatory prison term one of the	29257
prison terms prescribed for a felony of the first degree.	29258

(f) If the amount of the drug involved equals or exceeds five	29259
hundred unit doses but is less than two thousand five hundred unit	29260
doses or equals or exceeds fifty grams but is less than two	29261
hundred fifty grams and regardless of whether the offense was	29262
committed in the vicinity of a school or in the vicinity of a	29263
juvenile, trafficking in heroin is a felony of the first degree,	29264
and the court shall impose as a mandatory prison term one of the	29265
prison terms prescribed for a felony of the first degree.	29266

(g) If the amount of the drug involved equals or exceeds two	29267
thousand five hundred unit doses or equals or exceeds two hundred	29268
fifty grams and regardless of whether the offense was committed in	29269
the vicinity of a school or in the vicinity of a juvenile,	29270
trafficking in heroin is a felony of the first degree, the	29271
offender is a major drug offender, and the court shall impose as a	29272
mandatory prison term the maximum prison term prescribed for a	29273
felony of the first degree.	29274

(7) If the drug involved in the violation is hashish or a	29275
compound, mixture, preparation, or substance containing hashish,	29276
whoever violates division (A) of this section is guilty of	29277
trafficking in hashish. The penalty for the offense shall be	29278
determined as follows:	29279

(a) Except as otherwise provided in division (C)(7)(b), (c),	29280
(d), (e), (f), or (g) of this section, trafficking in hashish is a	29281
felony of the fifth degree, and division (B) of section 2929.13 of	29282
the Revised Code applies in determining whether to impose a prison	29283
term on the offender.	29284

(b) Except as otherwise provided in division (C)(7)(c), (d),	29285
(e), (f), or (g) of this section, if the offense was committed in	29286
the vicinity of a school or in the vicinity of a juvenile,	29287
trafficking in hashish is a felony of the fourth degree, and	29288
division (B) of section 2929.13 of the Revised Code applies in	29289
determining whether to impose a prison term on the offender.	29290

(c) Except as otherwise provided in this division, if the	29291
amount of the drug involved equals or exceeds ten grams but is	29292
less than fifty grams of hashish in a solid form or equals or	29293
exceeds two grams but is less than ten grams of hashish in a	29294
liquid concentrate, liquid extract, or liquid distillate form,	29295
trafficking in hashish is a felony of the fourth degree, and	29296
division (B) of section 2929.13 of the Revised Code applies in	29297
determining whether to impose a prison term on the offender. If	29298
the amount of the drug involved is within that range and if the	29299
offense was committed in the vicinity of a school or in the	29300
vicinity of a juvenile, trafficking in hashish is a felony of the	29301
third degree, and division (C) of section 2929.13 of the Revised	29302
Code applies in determining whether to impose a prison term on the	29303
offender.	29304

(d) Except as otherwise provided in this division, if the	29305
amount of the drug involved equals or exceeds fifty grams but is	29306
less than two hundred fifty grams of hashish in a solid form or	29307
equals or exceeds ten grams but is less than fifty grams of	29308
hashish in a liquid concentrate, liquid extract, or liquid	29309
distillate form, trafficking in hashish is a felony of the third	29310
degree, and division (C) of section 2929.13 of the Revised Code	29311
applies in determining whether to impose a prison term on the	29312
offender. If the amount of the drug involved is within that range	29313
and if the offense was committed in the vicinity of a school or in	29314
the vicinity of a juvenile, trafficking in hashish is a felony of	29315
the second degree, and there is a presumption that a prison term	29316
shall be imposed for the offense.	29317

(e) Except as otherwise provided in this division, if the	29318
amount of the drug involved equals or exceeds two hundred fifty	29319
grams but is less than one thousand grams of hashish in a solid	29320
form or equals or exceeds fifty grams but is less than two hundred	29321
grams of hashish in a liquid concentrate, liquid extract, or	29322
liquid distillate form, trafficking in hashish is a felony of the	29323
third degree, and there is a presumption that a prison term shall	29324
be imposed for the offense. If the amount of the drug involved is	29325
within that range and if the offense was committed in the vicinity	29326
of a school or in the vicinity of a juvenile, trafficking in	29327
hashish is a felony of the second degree, and there is a	29328
presumption that a prison term shall be imposed for the offense.	29329

(f) Except as otherwise provided in this division, if the	29330
amount of the drug involved equals or exceeds one thousand grams	29331
but is less than two thousand grams of hashish in a solid form or	29332
equals or exceeds two hundred grams but is less than four hundred	29333
grams of hashish in a liquid concentrate, liquid extract, or	29334
liquid distillate form, trafficking in hashish is a felony of the	29335
second degree, and the court shall impose a mandatory prison term	29336
of five, six, seven, or eight years. If the amount of the drug	29337
involved is within that range and if the offense was committed in	29338
the vicinity of a school or in the vicinity of a juvenile,	29339
trafficking in hashish is a felony of the first degree, and the	29340
court shall impose as a mandatory prison term the maximum prison	29341
term prescribed for a felony of the first degree.	29342

(g) Except as otherwise provided in this division, if the	29343
amount of the drug involved equals or exceeds two thousand grams	29344
of hashish in a solid form or equals or exceeds four hundred grams	29345
of hashish in a liquid concentrate, liquid extract, or liquid	29346
distillate form, trafficking in hashish is a felony of the second	29347
degree, and the court shall impose as a mandatory prison term the	29348
maximum prison term prescribed for a felony of the second degree.	29349
If the amount of the drug involved equals or exceeds two thousand	29350
grams of hashish in a solid form or equals or exceeds four hundred	29351
grams of hashish in a liquid concentrate, liquid extract, or	29352
liquid distillate form and if the offense was committed in the	29353
vicinity of a school or in the vicinity of a juvenile, trafficking	29354
in hashish is a felony of the first degree, and the court shall	29355
impose as a mandatory prison term the maximum prison term	29356
prescribed for a felony of the first degree.	29357

(8) If the drug involved in the violation is a controlled	29358
substance analog or compound, mixture, preparation, or substance	29359
that contains a controlled substance analog, whoever violates	29360
division (A) of this section is guilty of trafficking in a	29361
controlled substance analog. The penalty for the offense shall be	29362
determined as follows:	29363

(a) Except as otherwise provided in division (C)(8)(b), (c),	29364
(d), (e), (f), or (g) of this section, trafficking in a controlled	29365
substance analog is a felony of the fifth degree, and division (C)	29366
of section 2929.13 of the Revised Code applies in determining	29367
whether to impose a prison term on the offender.	29368

(b) Except as otherwise provided in division (C)(8)(c), (d),	29369
(e), (f), or (g) of this section, if the offense was committed in	29370
the vicinity of a school or in the vicinity of a juvenile,	29371
trafficking in a controlled substance analog is a felony of the	29372
fourth degree, and division (C) of section 2929.13 of the Revised	29373
Code applies in determining whether to impose a prison term on the	29374
offender.	29375

(c) Except as otherwise provided in this division, if the	29376
amount of the drug involved equals or exceeds ten grams but is	29377
less than twenty grams, trafficking in a controlled substance	29378
analog is a felony of the fourth degree, and division (B) of	29379
section 2929.13 of the Revised Code applies in determining whether	29380
to impose a prison term for the offense. If the amount of the drug	29381
involved is within that range and if the offense was committed in	29382
the vicinity of a school or in the vicinity of a juvenile,	29383
trafficking in a controlled substance analog is a felony of the	29384
third degree, and there is a presumption for a prison term for the	29385
offense.	29386

(d) Except as otherwise provided in this division, if the	29387
amount of the drug involved equals or exceeds twenty grams but is	29388
less than thirty grams, trafficking in a controlled substance	29389
analog is a felony of the third degree, and there is a presumption	29390
for a prison term for the offense. If the amount of the drug	29391
involved is within that range and if the offense was committed in	29392
the vicinity of a school or in the vicinity of a juvenile,	29393
trafficking in a controlled substance analog is a felony of the	29394
second degree, and there is a presumption for a prison term for	29395
the offense.	29396

(e) Except as otherwise provided in this division, if the	29397
amount of the drug involved equals or exceeds thirty grams but is	29398
less than forty grams, trafficking in a controlled substance	29399
analog is a felony of the second degree, and the court shall	29400
impose as a mandatory prison term one of the prison terms	29401
prescribed for a felony of the second degree. If the amount of the	29402
drug involved is within that range and if the offense was	29403
committed in the vicinity of a school or in the vicinity of a	29404
juvenile, trafficking in a controlled substance analog is a felony	29405
of the first degree, and the court shall impose as a mandatory	29406
prison term one of the prison terms prescribed for a felony of the	29407
first degree.	29408

(f) If the amount of the drug involved equals or exceeds	29409
forty grams but is less than fifty grams and regardless of whether	29410
the offense was committed in the vicinity of a school or in the	29411
vicinity of a juvenile, trafficking in a controlled substance	29412
analog is a felony of the first degree, and the court shall impose	29413
as a mandatory prison term one of the prison terms prescribed for	29414
a felony of the first degree.	29415

(g) If the amount of the drug involved equals or exceeds	29416
fifty grams and regardless of whether the offense was committed in	29417
the vicinity of a school or in the vicinity of a juvenile,	29418
trafficking in a controlled substance analog is a felony of the	29419
first degree, the offender is a major drug offender, and the court	29420
shall impose as a mandatory prison term the maximum prison term	29421
prescribed for a felony of the first degree.	29422

(D) In addition to any prison term authorized or required by	29423
division (C) of this section and sections 2929.13 and 2929.14 of	29424
the Revised Code, and in addition to any other sanction imposed	29425
for the offense under this section or sections 2929.11 to 2929.18	29426
of the Revised Code, the court that sentences an offender who is	29427
convicted of or pleads guilty to a violation of division (A) of	29428
this section shall do all of the following that are applicable	29429
regarding the offender:	29430

(1) If the violation of division (A) of this section is a	29431
felony of the first, second, or third degree, the court shall	29432
impose upon the offender the mandatory fine specified for the	29433
offense under division (B)(1) of section 2929.18 of the Revised	29434
Code unless, as specified in that division, the court determines	29435
that the offender is indigent. Except as otherwise provided in	29436
division (H)(1) of this section, a mandatory fine or any other	29437
fine imposed for a violation of this section is subject to	29438
division (F) of this section. If a person is charged with a	29439
violation of this section that is a felony of the first, second,	29440
or third degree, posts bail, and forfeits the bail, the clerk of	29441
the court shall pay the forfeited bail pursuant to divisions	29442
(D)(1) and (F) of this section, as if the forfeited bail was a	29443
fine imposed for a violation of this section. If any amount of the	29444
forfeited bail remains after that payment and if a fine is imposed	29445
under division (H)(1) of this section, the clerk of the court	29446
shall pay the remaining amount of the forfeited bail pursuant to	29447
divisions (H)(2) and (3) of this section, as if that remaining	29448
amount was a fine imposed under division (H)(1) of this section.	29449

(2) The court shall suspend the driver's or commercial	29450
driver's license or permit of the offender in accordance with	29451
division (G) of this section.	29452

(3) If the offender is a professionally licensed person, the	29453
court immediately shall comply with section 2925.38 of the Revised	29454
Code.	29455

(E) When a person is charged with the sale of or offer to	29456
sell a bulk amount or a multiple of a bulk amount of a controlled	29457
substance, the jury, or the court trying the accused, shall	29458
determine the amount of the controlled substance involved at the	29459
time of the offense and, if a guilty verdict is returned, shall	29460
return the findings as part of the verdict. In any such case, it	29461
is unnecessary to find and return the exact amount of the	29462
controlled substance involved, and it is sufficient if the finding	29463
and return is to the effect that the amount of the controlled	29464
substance involved is the requisite amount, or that the amount of	29465
the controlled substance involved is less than the requisite	29466
amount.	29467

(F)(1) Notwithstanding any contrary provision of section	29468
3719.21 of the Revised Code and except as provided in division (H)	29469
of this section, the clerk of the court shall pay any mandatory	29470
fine imposed pursuant to division (D)(1) of this section and any	29471
fine other than a mandatory fine that is imposed for a violation	29472
of this section pursuant to division (A) or (B)(5) of section	29473
2929.18 of the Revised Code to the county, township, municipal	29474
corporation, park district, as created pursuant to section 511.18	29475
or 1545.04 of the Revised Code, or state law enforcement agencies	29476
in this state that primarily were responsible for or involved in	29477
making the arrest of, and in prosecuting, the offender. However,	29478
the clerk shall not pay a mandatory fine so imposed to a law	29479
enforcement agency unless the agency has adopted a written	29480
internal control policy under division (F)(2) of this section that	29481
addresses the use of the fine moneys that it receives. Each agency	29482
shall use the mandatory fines so paid to subsidize the agency's	29483
law enforcement efforts that pertain to drug offenses, in	29484
accordance with the written internal control policy adopted by the	29485
recipient agency under division (F)(2) of this section.	29486

(2)(a) Prior to receiving any fine moneys under division	29487
(F)(1) of this section or division (B) of section 2925.42 of the	29488
Revised Code, a law enforcement agency shall adopt a written	29489
internal control policy that addresses the agency's use and	29490
disposition of all fine moneys so received and that provides for	29491
the keeping of detailed financial records of the receipts of those	29492
fine moneys, the general types of expenditures made out of those	29493
fine moneys, and the specific amount of each general type of	29494
expenditure. The policy shall not provide for or permit the	29495
identification of any specific expenditure that is made in an	29496
ongoing investigation. All financial records of the receipts of	29497
those fine moneys, the general types of expenditures made out of	29498
those fine moneys, and the specific amount of each general type of	29499
expenditure by an agency are public records open for inspection	29500
under section 149.43 of the Revised Code. Additionally, a written	29501
internal control policy adopted under this division is such a	29502
public record, and the agency that adopted it shall comply with	29503
it.	29504

(b) Each law enforcement agency that receives in any calendar	29505
year any fine moneys under division (F)(1) of this section or	29506
division (B) of section 2925.42 of the Revised Code shall prepare	29507
a report covering the calendar year that cumulates all of the	29508
information contained in all of the public financial records kept	29509
by the agency pursuant to division (F)(2)(a) of this section for	29510
that calendar year, and shall send a copy of the cumulative	29511
report, no later than the first day of March in the calendar year	29512
following the calendar year covered by the report, to the attorney	29513
general. Each report received by the attorney general is a public	29514
record open for inspection under section 149.43 of the Revised	29515
Code. Not later than the fifteenth day of April in the calendar	29516
year in which the reports are received, the attorney general shall	29517
send to the president of the senate and the speaker of the house	29518
of representatives a written notification that does all of the	29519
following:	29520

(i) Indicates that the attorney general has received from law	29521
enforcement agencies reports of the type described in this	29522
division that cover the previous calendar year and indicates that	29523
the reports were received under this division;	29524

(ii) Indicates that the reports are open for inspection under	29525
section 149.43 of the Revised Code;	29526

(iii) Indicates that the attorney general will provide a copy	29527
of any or all of the reports to the president of the senate or the	29528
speaker of the house of representatives upon request.	29529

(3) As used in division (F) of this section:

29530

(a) "Law enforcement agencies" includes, but is not limited	29531
to, the state board of pharmacy and the office of a prosecutor.	29532

(b) "Prosecutor" has the same meaning as in section 2935.01	29533
of the Revised Code.	29534

(G) When required under division (D)(2) of this section or	29535
any other provision of this chapter, the court shall suspend for	29536
not less than six months or more than five years the driver's or	29537
commercial driver's license or permit of any person who is	29538
convicted of or pleads guilty to any violation of this section or	29539
any other specified provision of this chapter. If an offender's	29540
driver's or commercial driver's license or permit is suspended	29541
pursuant to this division, the offender, at any time after the	29542
expiration of two years from the day on which the offender's	29543
sentence was imposed or from the day on which the offender finally	29544
was released from a prison term under the sentence, whichever is	29545
later, may file a motion with the sentencing court requesting	29546
termination of the suspension; upon the filing of such a motion	29547
and the court's finding of good cause for the termination, the	29548
court may terminate the suspension.	29549

(H)(1) In addition to any prison term authorized or required	29550
by division (C) of this section and sections 2929.13 and 2929.14	29551
of the Revised Code, in addition to any other penalty or sanction	29552
imposed for the offense under this section or sections 2929.11 to	29553
2929.18 of the Revised Code, and in addition to the forfeiture of	29554
property in connection with the offense as prescribed in Chapter	29555
2981. of the Revised Code, the court that sentences an offender	29556
who is convicted of or pleads guilty to a violation of division	29557
(A) of this section may impose upon the offender an additional	29558
fine specified for the offense in division (B)(4) of section	29559
2929.18 of the Revised Code. A fine imposed under division (H)(1)	29560
of this section is not subject to division (F) of this section and	29561
shall be used solely for the support of one or more eligible	29562
~~alcohol and drug~~community addiction ~~programs~~services provider in	29563
accordance with divisions (H)(2) and (3) of this section.	29564

(2) The court that imposes a fine under division (H)(1) of	29565
this section shall specify in the judgment that imposes the fine	29566
one or more eligible ~~alcohol and drug~~community addiction ~~programs~~	29567
services provider for the support of which the fine money is to be	29568
used. No ~~alcohol and drug~~community addiction ~~program~~services	29569
provider shall receive or use money paid or collected in	29570
satisfaction of a fine imposed under division (H)(1) of this	29571
section unless the ~~program~~services provider is specified in the	29572
judgment that imposes the fine. No ~~alcohol and drug~~community	29573
addiction ~~program~~services provider shall be specified in the	29574
judgment unless the ~~program~~services provider is an eligible	29575
~~alcohol and drug~~community addiction ~~program~~services provider	29576
and, except as otherwise provided in division (H)(2) of this	29577
section, unless the ~~program~~services provider is located in the	29578
county in which the court that imposes the fine is located or in a	29579
county that is immediately contiguous to the county in which that	29580
court is located. If no eligible ~~alcohol and drug~~community	29581
addiction ~~program~~services provider is located in any of those	29582
counties, the judgment may specify an eligible ~~alcohol and drug~~	29583
community addiction ~~program~~services provider that is located	29584
anywhere within this state.	29585

(3) Notwithstanding any contrary provision of section 3719.21	29586
of the Revised Code, the clerk of the court shall pay any fine	29587
imposed under division (H)(1) of this section to the eligible	29588
~~alcohol and drug~~community addiction ~~program~~services provider	29589
specified pursuant to division (H)(2) of this section in the	29590
judgment. The eligible ~~alcohol and drug~~community addiction	29591
~~program~~services provider that receives the fine moneys shall use	29592
the moneys only for the alcohol and drug addiction services	29593
identified in the application for certification under section	29594
~~3793.06~~5119.36 of the Revised Code or in the application for a	29595
license under section ~~3793.11~~5119.39 of the Revised Code filed	29596
with the department of ~~alcohol and drug addiction services~~mental	29597
health and addiction services by the ~~alcohol and drug~~community	29598
addiction ~~program~~services provider specified in the judgment.	29599

(4) Each ~~alcohol and drug~~community addiction ~~program~~	29600
services provider that receives in a calendar year any fine moneys	29601
under division (H)(3) of this section shall file an annual report	29602
covering that calendar year with the court of common pleas and the	29603
board of county commissioners of the county in which the ~~program~~	29604
services provider is located, with the court of common pleas and	29605
the board of county commissioners of each county from which the	29606
~~program~~services provider received the moneys if that county is	29607
different from the county in which the ~~program~~services provider	29608
is located, and with the attorney general. The ~~alcohol and drug~~	29609
community addiction ~~program~~services provider shall file the	29610
report no later than the first day of March in the calendar year	29611
following the calendar year in which the ~~program~~services provider	29612
received the fine moneys. The report shall include statistics on	29613
the number of persons served by the ~~alcohol and drug~~community	29614
addiction ~~program~~services provider, identify the types of alcohol	29615
and drug addiction services provided to those persons, and include	29616
a specific accounting of the purposes for which the fine moneys	29617
received were used. No information contained in the report shall	29618
identify, or enable a person to determine the identity of, any	29619
person served by the ~~alcohol and drug~~community addiction ~~program~~	29620
services provider. Each report received by a court of common	29621
pleas, a board of county commissioners, or the attorney general is	29622
a public record open for inspection under section 149.43 of the	29623
Revised Code.	29624

(5) As used in divisions (H)(1) to (5) of this section:

29625

(a) "~~Alcohol and drug~~Community addiction ~~program~~services	29626
provider" and "alcohol and drug addiction services" have the same	29627
meanings as in section ~~3793.01~~5119.01 of the Revised Code.	29628

(b) "Eligible ~~alcohol and drug~~community addiction ~~program~~	29629
services provider" means ~~an alcohol and drug~~a community addiction	29630
~~program~~services provider that is certified under section ~~3793.06~~	29631
5119.36 of the Revised Code or licensed under section ~~3793.11~~	29632
5119.39 of the Revised Code by the department of ~~alcohol and drug~~	29633
~~addiction services~~mental health and addiction services.	29634

(I) As used in this section, "drug" includes any substance	29635
that is represented to be a drug.	29636

(J) It is an affirmative defense to a charge of trafficking	29637
in a controlled substance analog under division (C)(8) of this	29638
section that the person charged with violating that offense sold	29639
or offered to sell, or prepared for shipment, shipped,	29640
transported, delivered, prepared for distribution, or distributed	29641
an item described in division (HH)(2)(a), (b), or (c) of section	29642
3719.01 of the Revised Code.	29643

Sec. 2929.13. (A) Except as provided in division (E), (F),	29644
or (G) of this section and unless a specific sanction is required	29645
to be imposed or is precluded from being imposed pursuant to law,	29646
a court that imposes a sentence upon an offender for a felony may	29647
impose any sanction or combination of sanctions on the offender	29648
that are provided in sections 2929.14 to 2929.18 of the Revised	29649
Code.	29650

If the offender is eligible to be sentenced to community	29651
control sanctions, the court shall consider the appropriateness of	29652
imposing a financial sanction pursuant to section 2929.18 of the	29653
Revised Code or a sanction of community service pursuant to	29654
section 2929.17 of the Revised Code as the sole sanction for the	29655
offense. Except as otherwise provided in this division, if the	29656
court is required to impose a mandatory prison term for the	29657
offense for which sentence is being imposed, the court also shall	29658
impose any financial sanction pursuant to section 2929.18 of the	29659
Revised Code that is required for the offense and may impose any	29660
other financial sanction pursuant to that section but may not	29661
impose any additional sanction or combination of sanctions under	29662
section 2929.16 or 2929.17 of the Revised Code.	29663

If the offender is being sentenced for a fourth degree felony	29664
OVI offense or for a third degree felony OVI offense, in addition	29665
to the mandatory term of local incarceration or the mandatory	29666
prison term required for the offense by division (G)(1) or (2) of	29667
this section, the court shall impose upon the offender a mandatory	29668
fine in accordance with division (B)(3) of section 2929.18 of the	29669
Revised Code and may impose whichever of the following is	29670
applicable:	29671

(1) For a fourth degree felony OVI offense for which sentence	29672
is imposed under division (G)(1) of this section, an additional	29673
community control sanction or combination of community control	29674
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	29675
the court imposes upon the offender a community control sanction	29676
and the offender violates any condition of the community control	29677
sanction, the court may take any action prescribed in division (B)	29678
of section 2929.15 of the Revised Code relative to the offender,	29679
including imposing a prison term on the offender pursuant to that	29680
division.	29681

(2) For a third or fourth degree felony OVI offense for which	29682
sentence is imposed under division (G)(2) of this section, an	29683
additional prison term as described in division (B)(4) of section	29684
2929.14 of the Revised Code or a community control sanction as	29685
described in division (G)(2) of this section.	29686

(B)(1)(a) Except as provided in division (B)(1)(b) of this	29687
section, if an offender is convicted of or pleads guilty to a	29688
felony of the fourth or fifth degree that is not an offense of	29689
violence or that is a qualifying assault offense, the court shall	29690
sentence the offender to a community control sanction of at least	29691
one year's duration if all of the following apply:	29692

(i) The offender previously has not been convicted of or	29693
pleaded guilty to a felony offense.	29694

(ii) The most serious charge against the offender at the time	29695
of sentencing is a felony of the fourth or fifth degree.	29696

(iii) If the court made a request of the department of	29697
rehabilitation and correction pursuant to division (B)(1)(c) of	29698
this section, the department, within the forty-five-day period	29699
specified in that division, provided the court with the names of,	29700
contact information for, and program details of one or more	29701
community control sanctions of at least one year's duration that	29702
are available for persons sentenced by the court.	29703

(iv) The offender previously has not been convicted of or	29704
pleaded guilty to a misdemeanor offense of violence that the	29705
offender committed within two years prior to the offense for which	29706
sentence is being imposed.	29707

(b) The court has discretion to impose a prison term upon an	29708
offender who is convicted of or pleads guilty to a felony of the	29709
fourth or fifth degree that is not an offense of violence or that	29710
is a qualifying assault offense if any of the following apply:	29711

(i) The offender committed the offense while having a firearm	29712
on or about the offender's person or under the offender's control.	29713

(ii) If the offense is a qualifying assault offense, the	29714
offender caused serious physical harm to another person while	29715
committing the offense, and, if the offense is not a qualifying	29716
assault offense, the offender caused physical harm to another	29717
person while committing the offense.	29718

(iii) The offender violated a term of the conditions of bond	29719
as set by the court.	29720

(iv) The court made a request of the department of	29721
rehabilitation and correction pursuant to division (B)(1)(c) of	29722
this section, and the department, within the forty-five-day period	29723
specified in that division, did not provide the court with the	29724
name of, contact information for, and program details of any	29725
community control sanction of at least one year's duration that is	29726
available for persons sentenced by the court.	29727

(v) The offense is a sex offense that is a fourth or fifth	29728
degree felony violation of any provision of Chapter 2907. of the	29729
Revised Code.	29730

(vi) In committing the offense, the offender attempted to	29731
cause or made an actual threat of physical harm to a person with a	29732
deadly weapon.	29733

(vii) In committing the offense, the offender attempted to	29734
cause or made an actual threat of physical harm to a person, and	29735
the offender previously was convicted of an offense that caused	29736
physical harm to a person.	29737

(viii) The offender held a public office or position of	29738
trust, and the offense related to that office or position; the	29739
offender's position obliged the offender to prevent the offense or	29740
to bring those committing it to justice; or the offender's	29741
professional reputation or position facilitated the offense or was	29742
likely to influence the future conduct of others.	29743

(ix) The offender committed the offense for hire or as part	29744
of an organized criminal activity.	29745

(x) The offender at the time of the offense was serving, or	29746
the offender previously had served, a prison term.	29747

(xi) The offender committed the offense while under a	29748
community control sanction, while on probation, or while released	29749
from custody on a bond or personal recognizance.	29750

(c) If a court that is sentencing an offender who is	29751
convicted of or pleads guilty to a felony of the fourth or fifth	29752
degree that is not an offense of violence or that is a qualifying	29753
assault offense believes that no community control sanctions are	29754
available for its use that, if imposed on the offender, will	29755
adequately fulfill the overriding principles and purposes of	29756
sentencing, the court shall contact the department of	29757
rehabilitation and correction and ask the department to provide	29758
the court with the names of, contact information for, and program	29759
details of one or more community control sanctions of at least one	29760
year's duration that are available for persons sentenced by the	29761
court. Not later than forty-five days after receipt of a request	29762
from a court under this division, the department shall provide the	29763
court with the names of, contact information for, and program	29764
details of one or more community control sanctions of at least one	29765
year's duration that are available for persons sentenced by the	29766
court, if any. Upon making a request under this division that	29767
relates to a particular offender, a court shall defer sentencing	29768
of that offender until it receives from the department the names	29769
of, contact information for, and program details of one or more	29770
community control sanctions of at least one year's duration that	29771
are available for persons sentenced by the court or for forty-five	29772
days, whichever is the earlier.	29773

If the department provides the court with the names of,	29774
contact information for, and program details of one or more	29775
community control sanctions of at least one year's duration that	29776
are available for persons sentenced by the court within the	29777
forty-five-day period specified in this division, the court shall	29778
impose upon the offender a community control sanction under	29779
division (B)(1)(a) of this section, except that the court may	29780
impose a prison term under division (B)(1)(b) of this section if a	29781
factor described in division (B)(1)(b)(i) or (ii) of this section	29782
applies. If the department does not provide the court with the	29783
names of, contact information for, and program details of one or	29784
more community control sanctions of at least one year's duration	29785
that are available for persons sentenced by the court within the	29786
forty-five-day period specified in this division, the court may	29787
impose upon the offender a prison term under division	29788
(B)(1)(b)(iv) of this section.	29789

(d) A sentencing court may impose an additional penalty under	29790
division (B) of section 2929.15 of the Revised Code upon an	29791
offender sentenced to a community control sanction under division	29792
(B)(1)(a) of this section if the offender violates the conditions	29793
of the community control sanction, violates a law, or leaves the	29794
state without the permission of the court or the offender's	29795
probation officer.	29796

(2) If division (B)(1) of this section does not apply, except	29797
as provided in division (E), (F), or (G) of this section, in	29798
determining whether to impose a prison term as a sanction for a	29799
felony of the fourth or fifth degree, the sentencing court shall	29800
comply with the purposes and principles of sentencing under	29801
section 2929.11 of the Revised Code and with section 2929.12 of	29802
the Revised Code.	29803

(C) Except as provided in division (D), (E), (F), or (G) of	29804
this section, in determining whether to impose a prison term as a	29805
sanction for a felony of the third degree or a felony drug offense	29806
that is a violation of a provision of Chapter 2925. of the Revised	29807
Code and that is specified as being subject to this division for	29808
purposes of sentencing, the sentencing court shall comply with the	29809
purposes and principles of sentencing under section 2929.11 of the	29810
Revised Code and with section 2929.12 of the Revised Code.	29811

(D)(1) Except as provided in division (E) or (F) of this	29812
section, for a felony of the first or second degree, for a felony	29813
drug offense that is a violation of any provision of Chapter	29814
2925., 3719., or 4729. of the Revised Code for which a presumption	29815
in favor of a prison term is specified as being applicable, and	29816
for a violation of division (A)(4) or (B) of section 2907.05 of	29817
the Revised Code for which a presumption in favor of a prison term	29818
is specified as being applicable, it is presumed that a prison	29819
term is necessary in order to comply with the purposes and	29820
principles of sentencing under section 2929.11 of the Revised	29821
Code. Division (D)(2) of this section does not apply to a	29822
presumption established under this division for a violation of	29823
division (A)(4) of section 2907.05 of the Revised Code.	29824

(2) Notwithstanding the presumption established under	29825
division (D)(1) of this section for the offenses listed in that	29826
division other than a violation of division (A)(4) or (B) of	29827
section 2907.05 of the Revised Code, the sentencing court may	29828
impose a community control sanction or a combination of community	29829
control sanctions instead of a prison term on an offender for a	29830
felony of the first or second degree or for a felony drug offense	29831
that is a violation of any provision of Chapter 2925., 3719., or	29832
4729. of the Revised Code for which a presumption in favor of a	29833
prison term is specified as being applicable if it makes both of	29834
the following findings:	29835

(a) A community control sanction or a combination of	29836
community control sanctions would adequately punish the offender	29837
and protect the public from future crime, because the applicable	29838
factors under section 2929.12 of the Revised Code indicating a	29839
lesser likelihood of recidivism outweigh the applicable factors	29840
under that section indicating a greater likelihood of recidivism.	29841

(b) A community control sanction or a combination of	29842
community control sanctions would not demean the seriousness of	29843
the offense, because one or more factors under section 2929.12 of	29844
the Revised Code that indicate that the offender's conduct was	29845
less serious than conduct normally constituting the offense are	29846
applicable, and they outweigh the applicable factors under that	29847
section that indicate that the offender's conduct was more serious	29848
than conduct normally constituting the offense.	29849

(E)(1) Except as provided in division (F) of this section,	29850
for any drug offense that is a violation of any provision of	29851
Chapter 2925. of the Revised Code and that is a felony of the	29852
third, fourth, or fifth degree, the applicability of a presumption	29853
under division (D) of this section in favor of a prison term or of	29854
division (B) or (C) of this section in determining whether to	29855
impose a prison term for the offense shall be determined as	29856
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	29857
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	29858
Revised Code, whichever is applicable regarding the violation.	29859

(2) If an offender who was convicted of or pleaded guilty to	29860
a felony violates the conditions of a community control sanction	29861
imposed for the offense solely by reason of producing positive	29862
results on a drug test, the court, as punishment for the violation	29863
of the sanction, shall not order that the offender be imprisoned	29864
unless the court determines on the record either of the following:	29865

(a) The offender had been ordered as a sanction for the	29866
felony to participate in a drug treatment program, in a drug	29867
education program, or in narcotics anonymous or a similar program,	29868
and the offender continued to use illegal drugs after a reasonable	29869
period of participation in the program.	29870

(b) The imprisonment of the offender for the violation is	29871
consistent with the purposes and principles of sentencing set	29872
forth in section 2929.11 of the Revised Code.	29873

(3) A court that sentences an offender for a drug abuse	29874
offense that is a felony of the third, fourth, or fifth degree may	29875
require that the offender be assessed by a properly credentialed	29876
professional within a specified period of time. The court shall	29877
require the professional to file a written assessment of the	29878
offender with the court. If the offender is eligible for a	29879
community control sanction and after considering the written	29880
assessment, the court may impose a community control sanction that	29881
includes treatment and recovery support services authorized by	29882
section ~~3793.02~~5119.21 of the Revised Code. If the court imposes	29883
treatment and recovery support services as a community control	29884
sanction, the court shall direct the level and type of treatment	29885
and recovery support services after considering the assessment and	29886
recommendation of treatment and recovery support services	29887
providers.	29888

(F) Notwithstanding divisions (A) to (E) of this section, the	29889
court shall impose a prison term or terms under sections 2929.02	29890
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	29891
of the Revised Code and except as specifically provided in section	29892
2929.20, divisions (C) to (I) of section 2967.19, or section	29893
2967.191 of the Revised Code or when parole is authorized for the	29894
offense under section 2967.13 of the Revised Code shall not reduce	29895
the term or terms pursuant to section 2929.20, section 2967.19,	29896
section 2967.193, or any other provision of Chapter 2967. or	29897
Chapter 5120. of the Revised Code for any of the following	29898
offenses:	29899

(1) Aggravated murder when death is not imposed or murder;

29900

(2) Any rape, regardless of whether force was involved and	29901
regardless of the age of the victim, or an attempt to commit rape	29902
if, had the offender completed the rape that was attempted, the	29903
offender would have been guilty of a violation of division	29904
(A)(1)(b) of section 2907.02 of the Revised Code and would be	29905
sentenced under section 2971.03 of the Revised Code;	29906

(3) Gross sexual imposition or sexual battery, if the victim	29907
is less than thirteen years of age and if any of the following	29908
applies:	29909

(a) Regarding gross sexual imposition, the offender	29910
previously was convicted of or pleaded guilty to rape, the former	29911
offense of felonious sexual penetration, gross sexual imposition,	29912
or sexual battery, and the victim of the previous offense was less	29913
than thirteen years of age;	29914

(b) Regarding gross sexual imposition, the offense was	29915
committed on or after August 3, 2006, and evidence other than the	29916
testimony of the victim was admitted in the case corroborating the	29917
violation.	29918

(c) Regarding sexual battery, either of the following	29919
applies:	29920

(i) The offense was committed prior to August 3, 2006, the	29921
offender previously was convicted of or pleaded guilty to rape,	29922
the former offense of felonious sexual penetration, or sexual	29923
battery, and the victim of the previous offense was less than	29924
thirteen years of age.	29925

(ii) The offense was committed on or after August 3, 2006.

29926

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	29927
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	29928
if the section requires the imposition of a prison term;	29929

(5) A first, second, or third degree felony drug offense for	29930
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	29931
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	29932
4729.99 of the Revised Code, whichever is applicable regarding the	29933
violation, requires the imposition of a mandatory prison term;	29934

(6) Any offense that is a first or second degree felony and	29935
that is not set forth in division (F)(1), (2), (3), or (4) of this	29936
section, if the offender previously was convicted of or pleaded	29937
guilty to aggravated murder, murder, any first or second degree	29938
felony, or an offense under an existing or former law of this	29939
state, another state, or the United States that is or was	29940
substantially equivalent to one of those offenses;	29941

(7) Any offense that is a third degree felony and either is a	29942
violation of section 2903.04 of the Revised Code or an attempt to	29943
commit a felony of the second degree that is an offense of	29944
violence and involved an attempt to cause serious physical harm to	29945
a person or that resulted in serious physical harm to a person if	29946
the offender previously was convicted of or pleaded guilty to any	29947
of the following offenses:	29948

(a) Aggravated murder, murder, involuntary manslaughter,	29949
rape, felonious sexual penetration as it existed under section	29950
2907.12 of the Revised Code prior to September 3, 1996, a felony	29951
of the first or second degree that resulted in the death of a	29952
person or in physical harm to a person, or complicity in or an	29953
attempt to commit any of those offenses;	29954

(b) An offense under an existing or former law of this state,	29955
another state, or the United States that is or was substantially	29956
equivalent to an offense listed in division (F)(7)(a) of this	29957
section that resulted in the death of a person or in physical harm	29958
to a person.	29959

(8) Any offense, other than a violation of section 2923.12 of	29960
the Revised Code, that is a felony, if the offender had a firearm	29961
on or about the offender's person or under the offender's control	29962
while committing the felony, with respect to a portion of the	29963
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	29964
of the Revised Code for having the firearm;	29965

(9) Any offense of violence that is a felony, if the offender	29966
wore or carried body armor while committing the felony offense of	29967
violence, with respect to the portion of the sentence imposed	29968
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	29969
Code for wearing or carrying the body armor;	29970

(10) Corrupt activity in violation of section 2923.32 of the	29971
Revised Code when the most serious offense in the pattern of	29972
corrupt activity that is the basis of the offense is a felony of	29973
the first degree;	29974

(11) Any violent sex offense or designated homicide, assault,	29975
or kidnapping offense if, in relation to that offense, the	29976
offender is adjudicated a sexually violent predator;	29977

(12) A violation of division (A)(1) or (2) of section 2921.36	29978
of the Revised Code, or a violation of division (C) of that	29979
section involving an item listed in division (A)(1) or (2) of that	29980
section, if the offender is an officer or employee of the	29981
department of rehabilitation and correction;	29982

(13) A violation of division (A)(1) or (2) of section 2903.06	29983
of the Revised Code if the victim of the offense is a peace	29984
officer, as defined in section 2935.01 of the Revised Code, or an	29985
investigator of the bureau of criminal identification and	29986
investigation, as defined in section 2903.11 of the Revised Code,	29987
with respect to the portion of the sentence imposed pursuant to	29988
division (B)(5) of section 2929.14 of the Revised Code;	29989

(14) A violation of division (A)(1) or (2) of section 2903.06	29990
of the Revised Code if the offender has been convicted of or	29991
pleaded guilty to three or more violations of division (A) or (B)	29992
of section 4511.19 of the Revised Code or an equivalent offense,	29993
as defined in section 2941.1415 of the Revised Code, or three or	29994
more violations of any combination of those divisions and	29995
offenses, with respect to the portion of the sentence imposed	29996
pursuant to division (B)(6) of section 2929.14 of the Revised	29997
Code;	29998

(15) Kidnapping, in the circumstances specified in section	29999
2971.03 of the Revised Code and when no other provision of	30000
division (F) of this section applies;	30001

(16) Kidnapping, abduction, compelling prostitution,	30002
promoting prostitution, engaging in a pattern of corrupt activity,	30003
illegal use of a minor in a nudity-oriented material or	30004
performance in violation of division (A)(1) or (2) of section	30005
2907.323 of the Revised Code, or endangering children in violation	30006
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	30007
the Revised Code, if the offender is convicted of or pleads guilty	30008
to a specification as described in section 2941.1422 of the	30009
Revised Code that was included in the indictment, count in the	30010
indictment, or information charging the offense;	30011

(17) A felony violation of division (A) or (B) of section	30012
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	30013
that section, and division (D)(6) of that section, require the	30014
imposition of a prison term;	30015

(18) A felony violation of section 2903.11, 2903.12, or	30016
2903.13 of the Revised Code, if the victim of the offense was a	30017
woman that the offender knew was pregnant at the time of the	30018
violation, with respect to a portion of the sentence imposed	30019
pursuant to division (B)(8) of section 2929.14 of the Revised	30020
Code.	30021

(G) Notwithstanding divisions (A) to (E) of this section, if	30022
an offender is being sentenced for a fourth degree felony OVI	30023
offense or for a third degree felony OVI offense, the court shall	30024
impose upon the offender a mandatory term of local incarceration	30025
or a mandatory prison term in accordance with the following:	30026

(1) If the offender is being sentenced for a fourth degree	30027
felony OVI offense and if the offender has not been convicted of	30028
and has not pleaded guilty to a specification of the type	30029
described in section 2941.1413 of the Revised Code, the court may	30030
impose upon the offender a mandatory term of local incarceration	30031
of sixty days or one hundred twenty days as specified in division	30032
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	30033
not reduce the term pursuant to section 2929.20, 2967.193, or any	30034
other provision of the Revised Code. The court that imposes a	30035
mandatory term of local incarceration under this division shall	30036
specify whether the term is to be served in a jail, a	30037
community-based correctional facility, a halfway house, or an	30038
alternative residential facility, and the offender shall serve the	30039
term in the type of facility specified by the court. A mandatory	30040
term of local incarceration imposed under division (G)(1) of this	30041
section is not subject to any other Revised Code provision that	30042
pertains to a prison term except as provided in division (A)(1) of	30043
this section.	30044

(2) If the offender is being sentenced for a third degree	30045
felony OVI offense, or if the offender is being sentenced for a	30046
fourth degree felony OVI offense and the court does not impose a	30047
mandatory term of local incarceration under division (G)(1) of	30048
this section, the court shall impose upon the offender a mandatory	30049
prison term of one, two, three, four, or five years if the	30050
offender also is convicted of or also pleads guilty to a	30051
specification of the type described in section 2941.1413 of the	30052
Revised Code or shall impose upon the offender a mandatory prison	30053
term of sixty days or one hundred twenty days as specified in	30054
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	30055
if the offender has not been convicted of and has not pleaded	30056
guilty to a specification of that type. Subject to divisions (C)	30057
to (I) of section 2967.19 of the Revised Code, the court shall not	30058
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	30059
any other provision of the Revised Code. The offender shall serve	30060
the one-, two-, three-, four-, or five-year mandatory prison term	30061
consecutively to and prior to the prison term imposed for the	30062
underlying offense and consecutively to any other mandatory prison	30063
term imposed in relation to the offense. In no case shall an	30064
offender who once has been sentenced to a mandatory term of local	30065
incarceration pursuant to division (G)(1) of this section for a	30066
fourth degree felony OVI offense be sentenced to another mandatory	30067
term of local incarceration under that division for any violation	30068
of division (A) of section 4511.19 of the Revised Code. In	30069
addition to the mandatory prison term described in division (G)(2)	30070
of this section, the court may sentence the offender to a	30071
community control sanction under section 2929.16 or 2929.17 of the	30072
Revised Code, but the offender shall serve the prison term prior	30073
to serving the community control sanction. The department of	30074
rehabilitation and correction may place an offender sentenced to a	30075
mandatory prison term under this division in an intensive program	30076
prison established pursuant to section 5120.033 of the Revised	30077
Code if the department gave the sentencing judge prior notice of	30078
its intent to place the offender in an intensive program prison	30079
established under that section and if the judge did not notify the	30080
department that the judge disapproved the placement. Upon the	30081
establishment of the initial intensive program prison pursuant to	30082
section 5120.033 of the Revised Code that is privately operated	30083
and managed by a contractor pursuant to a contract entered into	30084
under section 9.06 of the Revised Code, both of the following	30085
apply:	30086

(a) The department of rehabilitation and correction shall	30087
make a reasonable effort to ensure that a sufficient number of	30088
offenders sentenced to a mandatory prison term under this division	30089
are placed in the privately operated and managed prison so that	30090
the privately operated and managed prison has full occupancy.	30091

(b) Unless the privately operated and managed prison has full	30092
occupancy, the department of rehabilitation and correction shall	30093
not place any offender sentenced to a mandatory prison term under	30094
this division in any intensive program prison established pursuant	30095
to section 5120.033 of the Revised Code other than the privately	30096
operated and managed prison.	30097

(H) If an offender is being sentenced for a sexually oriented	30098
offense or child-victim oriented offense that is a felony	30099
committed on or after January 1, 1997, the judge shall require the	30100
offender to submit to a DNA specimen collection procedure pursuant	30101
to section 2901.07 of the Revised Code.	30102

(I) If an offender is being sentenced for a sexually oriented	30103
offense or a child-victim oriented offense committed on or after	30104
January 1, 1997, the judge shall include in the sentence a summary	30105
of the offender's duties imposed under sections 2950.04, 2950.041,	30106
2950.05, and 2950.06 of the Revised Code and the duration of the	30107
duties. The judge shall inform the offender, at the time of	30108
sentencing, of those duties and of their duration. If required	30109
under division (A)(2) of section 2950.03 of the Revised Code, the	30110
judge shall perform the duties specified in that section, or, if	30111
required under division (A)(6) of section 2950.03 of the Revised	30112
Code, the judge shall perform the duties specified in that	30113
division.	30114

(J)(1) Except as provided in division (J)(2) of this section,	30115
when considering sentencing factors under this section in relation	30116
to an offender who is convicted of or pleads guilty to an attempt	30117
to commit an offense in violation of section 2923.02 of the	30118
Revised Code, the sentencing court shall consider the factors	30119
applicable to the felony category of the violation of section	30120
2923.02 of the Revised Code instead of the factors applicable to	30121
the felony category of the offense attempted.	30122

(2) When considering sentencing factors under this section in	30123
relation to an offender who is convicted of or pleads guilty to an	30124
attempt to commit a drug abuse offense for which the penalty is	30125
determined by the amount or number of unit doses of the controlled	30126
substance involved in the drug abuse offense, the sentencing court	30127
shall consider the factors applicable to the felony category that	30128
the drug abuse offense attempted would be if that drug abuse	30129
offense had been committed and had involved an amount or number of	30130
unit doses of the controlled substance that is within the next	30131
lower range of controlled substance amounts than was involved in	30132
the attempt.	30133

(K) As used in this section:

30134

(1) "Drug abuse offense" has the same meaning as in section	30135
2925.01 of the Revised Code.	30136

(2) "Qualifying assault offense" means a violation of section	30137
2903.13 of the Revised Code for which the penalty provision in	30138
division (C)(7)(b) or (C)(8)(b) of that section applies.	30139

(L) At the time of sentencing an offender for any sexually	30140
oriented offense, if the offender is a tier III sex	30141
offender/child-victim offender relative to that offense and the	30142
offender does not serve a prison term or jail term, the court may	30143
require that the offender be monitored by means of a global	30144
positioning device. If the court requires such monitoring, the	30145
cost of monitoring shall be borne by the offender. If the offender	30146
is indigent, the cost of compliance shall be paid by the crime	30147
victims reparations fund.	30148

Sec. 2929.15. (A)(1) If in sentencing an offender for a	30149
felony the court is not required to impose a prison term, a	30150
mandatory prison term, or a term of life imprisonment upon the	30151
offender, the court may directly impose a sentence that consists	30152
of one or more community control sanctions authorized pursuant to	30153
section 2929.16, 2929.17, or 2929.18 of the Revised Code. If the	30154
court is sentencing an offender for a fourth degree felony OVI	30155
offense under division (G)(1) of section 2929.13 of the Revised	30156
Code, in addition to the mandatory term of local incarceration	30157
imposed under that division and the mandatory fine required by	30158
division (B)(3) of section 2929.18 of the Revised Code, the court	30159
may impose upon the offender a community control sanction or	30160
combination of community control sanctions in accordance with	30161
sections 2929.16 and 2929.17 of the Revised Code. If the court is	30162
sentencing an offender for a third or fourth degree felony OVI	30163
offense under division (G)(2) of section 2929.13 of the Revised	30164
Code, in addition to the mandatory prison term or mandatory prison	30165
term and additional prison term imposed under that division, the	30166
court also may impose upon the offender a community control	30167
sanction or combination of community control sanctions under	30168
section 2929.16 or 2929.17 of the Revised Code, but the offender	30169
shall serve all of the prison terms so imposed prior to serving	30170
the community control sanction.	30171

The duration of all community control sanctions imposed upon	30172
an offender under this division shall not exceed five years. If	30173
the offender absconds or otherwise leaves the jurisdiction of the	30174
court in which the offender resides without obtaining permission	30175
from the court or the offender's probation officer to leave the	30176
jurisdiction of the court, or if the offender is confined in any	30177
institution for the commission of any offense while under a	30178
community control sanction, the period of the community control	30179
sanction ceases to run until the offender is brought before the	30180
court for its further action. If the court sentences the offender	30181
to one or more nonresidential sanctions under section 2929.17 of	30182
the Revised Code, the court shall impose as a condition of the	30183
nonresidential sanctions that, during the period of the sanctions,	30184
the offender must abide by the law and must not leave the state	30185
without the permission of the court or the offender's probation	30186
officer. The court may impose any other conditions of release	30187
under a community control sanction that the court considers	30188
appropriate, including, but not limited to, requiring that the	30189
offender not ingest or be injected with a drug of abuse and submit	30190
to random drug testing as provided in division (D) of this section	30191
to determine whether the offender ingested or was injected with a	30192
drug of abuse and requiring that the results of the drug test	30193
indicate that the offender did not ingest or was not injected with	30194
a drug of abuse.	30195

(2)(a) If a court sentences an offender to any community	30196
control sanction or combination of community control sanctions	30197
authorized pursuant to section 2929.16, 2929.17, or 2929.18 of the	30198
Revised Code, the court shall place the offender under the general	30199
control and supervision of a department of probation in the county	30200
that serves the court for purposes of reporting to the court a	30201
violation of any condition of the sanctions, any condition of	30202
release under a community control sanction imposed by the court, a	30203
violation of law, or the departure of the offender from this state	30204
without the permission of the court or the offender's probation	30205
officer. Alternatively, if the offender resides in another county	30206
and a county department of probation has been established in that	30207
county or that county is served by a multicounty probation	30208
department established under section 2301.27 of the Revised Code,	30209
the court may request the court of common pleas of that county to	30210
receive the offender into the general control and supervision of	30211
that county or multicounty department of probation for purposes of	30212
reporting to the court a violation of any condition of the	30213
sanctions, any condition of release under a community control	30214
sanction imposed by the court, a violation of law, or the	30215
departure of the offender from this state without the permission	30216
of the court or the offender's probation officer, subject to the	30217
jurisdiction of the trial judge over and with respect to the	30218
person of the offender, and to the rules governing that department	30219
of probation.	30220

If there is no department of probation in the county that	30221
serves the court, the court shall place the offender, regardless	30222
of the offender's county of residence, under the general control	30223
and supervision of the adult parole authority for purposes of	30224
reporting to the court a violation of any of the sanctions, any	30225
condition of release under a community control sanction imposed by	30226
the court, a violation of law, or the departure of the offender	30227
from this state without the permission of the court or the	30228
offender's probation officer.	30229

(b) If the court imposing sentence upon an offender sentences	30230
the offender to any community control sanction or combination of	30231
community control sanctions authorized pursuant to section	30232
2929.16, 2929.17, or 2929.18 of the Revised Code, and if the	30233
offender violates any condition of the sanctions, any condition of	30234
release under a community control sanction imposed by the court,	30235
violates any law, or departs the state without the permission of	30236
the court or the offender's probation officer, the public or	30237
private person or entity that operates or administers the sanction	30238
or the program or activity that comprises the sanction shall	30239
report the violation or departure directly to the sentencing	30240
court, or shall report the violation or departure to the county or	30241
multicounty department of probation with general control and	30242
supervision over the offender under division (A)(2)(a) of this	30243
section or the officer of that department who supervises the	30244
offender, or, if there is no such department with general control	30245
and supervision over the offender under that division, to the	30246
adult parole authority. If the public or private person or entity	30247
that operates or administers the sanction or the program or	30248
activity that comprises the sanction reports the violation or	30249
departure to the county or multicounty department of probation or	30250
the adult parole authority, the department's or authority's	30251
officers may treat the offender as if the offender were on	30252
probation and in violation of the probation, and shall report the	30253
violation of the condition of the sanction, any condition of	30254
release under a community control sanction imposed by the court,	30255
the violation of law, or the departure from the state without the	30256
required permission to the sentencing court.	30257

(3) If an offender who is eligible for community control	30258
sanctions under this section admits to being drug addicted or the	30259
court has reason to believe that the offender is drug addicted,	30260
and if the offense for which the offender is being sentenced was	30261
related to the addiction, the court may require that the offender	30262
be assessed by a properly credentialed professional within a	30263
specified period of time and shall require the professional to	30264
file a written assessment of the offender with the court. If a	30265
court imposes treatment and recovery support services as a	30266
community control sanction, the court shall direct the level and	30267
type of treatment and recovery support services after	30268
consideration of the written assessment, if available at the time	30269
of sentencing, and recommendations of the professional and other	30270
treatment and recovery support services providers.	30271

(4) If an assessment completed pursuant to division (A)(3) of	30272
this section indicates that the offender is addicted to drugs or	30273
alcohol, the court may include in any community control sanction	30274
imposed for a violation of section 2925.02, 2925.03, 2925.04,	30275
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or	30276
2925.37 of the Revised Code a requirement that the offender	30277
participate in a treatment and recovery support services program	30278
certified under section ~~3793.06~~5119.36 of the Revised Code or	30279
offered by another properly credentialed ~~program~~community	30280
addiction services provider.	30281

(B)(1) If the conditions of a community control sanction are	30282
violated or if the offender violates a law or leaves the state	30283
without the permission of the court or the offender's probation	30284
officer, the sentencing court may impose upon the violator one or	30285
more of the following penalties:	30286

(a) A longer time under the same sanction if the total time	30287
under the sanctions does not exceed the five-year limit specified	30288
in division (A) of this section;	30289

(b) A more restrictive sanction under section 2929.16,	30290
2929.17, or 2929.18 of the Revised Code;	30291

(c) A prison term on the offender pursuant to section 2929.14	30292
of the Revised Code.	30293

(2) The prison term, if any, imposed upon a violator pursuant	30294
to this division shall be within the range of prison terms	30295
available for the offense for which the sanction that was violated	30296
was imposed and shall not exceed the prison term specified in the	30297
notice provided to the offender at the sentencing hearing pursuant	30298
to division (B)(2) of section 2929.19 of the Revised Code. The	30299
court may reduce the longer period of time that the offender is	30300
required to spend under the longer sanction, the more restrictive	30301
sanction, or a prison term imposed pursuant to this division by	30302
the time the offender successfully spent under the sanction that	30303
was initially imposed.	30304

(C) If an offender, for a significant period of time,	30305
fulfills the conditions of a sanction imposed pursuant to section	30306
2929.16, 2929.17, or 2929.18 of the Revised Code in an exemplary	30307
manner, the court may reduce the period of time under the sanction	30308
or impose a less restrictive sanction, but the court shall not	30309
permit the offender to violate any law or permit the offender to	30310
leave the state without the permission of the court or the	30311
offender's probation officer.	30312

(D)(1) If a court under division (A)(1) of this section	30313
imposes a condition of release under a community control sanction	30314
that requires the offender to submit to random drug testing, the	30315
department of probation or the adult parole authority that has	30316
general control and supervision of the offender under division	30317
(A)(2)(a) of this section may cause the offender to submit to	30318
random drug testing performed by a laboratory or entity that has	30319
entered into a contract with any of the governmental entities or	30320
officers authorized to enter into a contract with that laboratory	30321
or entity under section 341.26, 753.33, or 5120.63 of the Revised	30322
Code.	30323

(2) If no laboratory or entity described in division (D)(1)	30324
of this section has entered into a contract as specified in that	30325
division, the department of probation or the adult parole	30326
authority that has general control and supervision of the offender	30327
under division (A)(2)(a) of this section shall cause the offender	30328
to submit to random drug testing performed by a reputable public	30329
laboratory to determine whether the individual who is the subject	30330
of the drug test ingested or was injected with a drug of abuse.	30331

(3) A laboratory or entity that has entered into a contract	30332
pursuant to section 341.26, 753.33, or 5120.63 of the Revised Code	30333
shall perform the random drug tests under division (D)(1) of this	30334
section in accordance with the applicable standards that are	30335
included in the terms of that contract. A public laboratory shall	30336
perform the random drug tests under division (D)(2) of this	30337
section in accordance with the standards set forth in the policies	30338
and procedures established by the department of rehabilitation and	30339
correction pursuant to section 5120.63 of the Revised Code. An	30340
offender who is required under division (A)(1) of this section to	30341
submit to random drug testing as a condition of release under a	30342
community control sanction and whose test results indicate that	30343
the offender ingested or was injected with a drug of abuse shall	30344
pay the fee for the drug test if the department of probation or	30345
the adult parole authority that has general control and	30346
supervision of the offender requires payment of a fee. A	30347
laboratory or entity that performs the random drug testing on an	30348
offender under division (D)(1) or (2) of this section shall	30349
transmit the results of the drug test to the appropriate	30350
department of probation or the adult parole authority that has	30351
general control and supervision of the offender under division	30352
(A)(2)(a) of this section.	30353

Sec. 2930.01. As used in this chapter:

30354

(A) "Crime" means any of the following:

30355

(1) A felony;

30356

(2) A violation of section 2903.05, 2903.06, 2903.13,	30357
2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the	30358
Revised Code, a violation of section 2903.07 of the Revised Code	30359
as it existed prior to March 23, 2000, or a violation of a	30360
substantially equivalent municipal ordinance;	30361

(3) A violation of division (A) or (B) of section 4511.19,	30362
division (A) or (B) of section 1547.11, or division (A)(3) of	30363
section 4561.15 of the Revised Code or of a municipal ordinance	30364
substantially similar to any of those divisions that is the	30365
proximate cause of a vehicle, streetcar, trackless trolley,	30366
aquatic device, or aircraft accident in which the victim receives	30367
injuries for which the victim receives medical treatment either at	30368
the scene of the accident by emergency medical services personnel	30369
or at a hospital, ambulatory care facility, physician's office,	30370
specialist's office, or other medical care facility.	30371

(4) A motor vehicle accident to which both of the following	30372
apply:	30373

(a) The motor vehicle accident is caused by a violation of a	30374
provision of the Revised Code that is a misdemeanor of the first	30375
degree or higher.	30376

(b) As a result of the motor vehicle accident, the victim	30377
receives injuries for which the victim receives medical treatment	30378
either at the scene of the accident by emergency medical services	30379
personnel or at a hospital, ambulatory care facility, physician's	30380
office, specialist's office, or other medical care facility.	30381

(B) "Custodial agency" means one of the following:

30382

(1) The entity that has custody of a defendant or an alleged	30383
juvenile offender who is incarcerated for a crime, is under	30384
detention for the commission of a specified delinquent act, or who	30385
is detained after a finding of incompetence to stand trial or not	30386
guilty by reason of insanity relative to a crime, including any of	30387
the following:	30388

(a) The department of rehabilitation and correction or the	30389
adult parole authority;	30390

(b) A county sheriff;

30391

(c) The entity that administers a jail, as defined in section	30392
2929.01 of the Revised Code;	30393

(d) The entity that administers a community-based	30394
correctional facility and program or a district community-based	30395
correctional facility and program;	30396

(e) The department of ~~mental health~~mental health and	30397
addiction services or other entity to which a defendant found	30398
incompetent to stand trial or not guilty by reason of insanity is	30399
committed.	30400

(2) The entity that has custody of an alleged juvenile	30401
offender pursuant to an order of disposition of a juvenile court,	30402
including the department of youth services or a school, camp,	30403
institution, or other facility operated for the care of delinquent	30404
children.	30405

(C) "Defendant" means a person who is alleged to be the	30406
perpetrator of a crime in a police report or in a complaint,	30407
indictment, or information that charges the commission of a crime	30408
and that provides the basis for the criminal prosecution and	30409
subsequent proceedings to which this chapter makes reference.	30410

(D) "Member of the victim's family" means a spouse, child,	30411
stepchild, sibling, parent, stepparent, grandparent, or other	30412
relative of a victim but does not include a person who is charged	30413
with, convicted of, or adjudicated to be a delinquent child for	30414
the crime or specified delinquent act against the victim or	30415
another crime or specified delinquent act arising from the same	30416
conduct, criminal episode, or plan.	30417

(E) "Prosecutor" means one of the following:

30418

(1) With respect to a criminal case, it has the same meaning	30419
as in section 2935.01 of the Revised Code and also includes the	30420
attorney general and, when appropriate, the employees of any	30421
person listed in section 2935.01 of the Revised Code or of the	30422
attorney general.	30423

(2) With respect to a delinquency proceeding, it includes any	30424
person listed in division (C) of section 2935.01 of the Revised	30425
Code or an employee of a person listed in that division who	30426
prosecutes a delinquency proceeding.	30427

(F) "Public agency" means an office, agency, department,	30428
bureau, or other governmental entity of the state or of a	30429
political subdivision of the state.	30430

(G) "Public official" has the same meaning as in section	30431
2921.01 of the Revised Code.	30432

(H) "Victim" means either of the following:

30433

(1) A person who is identified as the victim of a crime or	30434
specified delinquent act in a police report or in a complaint,	30435
indictment, or information that charges the commission of a crime	30436
and that provides the basis for the criminal prosecution or	30437
delinquency proceeding and subsequent proceedings to which this	30438
chapter makes reference.	30439

(2) A person who receives injuries as a result of a vehicle,	30440
streetcar, trackless trolley, aquatic device, or aircraft accident	30441
that is proximately caused by a violation described in division	30442
(A)(3) of this section or a motor vehicle accident that is	30443
proximately caused by a violation described in division (A)(4) of	30444
this section and who receives medical treatment as described in	30445
division (A)(3) or (4) of this section, whichever is applicable.	30446

(I) "Victim's representative" means a member of the victim's	30447
family or another person who pursuant to the authority of section	30448
2930.02 of the Revised Code exercises the rights of a victim under	30449
this chapter.	30450

(J) "Court" means a court of common pleas, juvenile court,	30451
municipal court, or county court.	30452

(K) "Delinquency proceeding" means all proceedings in a	30453
juvenile court that are related to a case in which a complaint has	30454
been filed alleging that a child is a delinquent child.	30455

(L) "Case" means a delinquency proceeding and all related	30456
activity or a criminal prosecution and all related activity.	30457

(M) The "defense" means the defense against criminal charges	30458
in a criminal prosecution or the defense against a delinquent	30459
child complaint in a delinquency proceeding.	30460

(N) The "prosecution" means the prosecution of criminal	30461
charges in a criminal prosecution or the prosecution of a	30462
delinquent child complaint in a delinquency proceeding.	30463

(O) "Specified delinquent act" means any of the following:

30464

(1) An act committed by a child that if committed by an adult	30465
would be a felony;	30466

(2) An act committed by a child that is a violation of a	30467
section listed in division (A)(1) or (2) of this section or is a	30468
violation of a substantially equivalent municipal ordinance;	30469

(3) An act committed by a child that is described in division	30470
(A)(3) or (4) of this section.	30471

(P)(1) "Alleged juvenile offender" means a child who is	30472
alleged to have committed a specified delinquent act in a police	30473
report or in a complaint in juvenile court that charges the	30474
commission of a specified delinquent act and that provides the	30475
basis for the delinquency proceeding and all subsequent	30476
proceedings to which this chapter makes reference.	30477

(2) As used in divisions (O) and (P)(1) of this section,	30478
"child" has the same meaning as in section 2151.011 of the Revised	30479
Code.	30480

(Q) "Motor vehicle accident" means any accident involving a	30481
motor vehicle.	30482

(R) "Motor vehicle" has the same meaning as in section	30483
4509.01 of the Revised Code.	30484

(S) "Aircraft" has the same meaning as in section 4561.01 of	30485
the Revised Code.	30486

(T) "Aquatic device" means any vessel, or any water skis,	30487
aquaplane, or similar device.	30488

(U) "Vehicle," "streetcar," and "trackless trolley" have the	30489
same meanings as in section 4511.01 of the Revised Code.	30490

(V) "Vehicle, streetcar, trackless trolley, aquatic device,	30491
or aircraft accident" means any accident involving a vehicle,	30492
streetcar, trackless trolley, aquatic device, or aircraft.	30493

(W) "Vessel" has the same meaning as in section 1547.01 of	30494
the Revised Code.	30495

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	30496
deputy marshal, municipal police officer, township constable,	30497
police officer of a township or joint police district, member of a	30498
police force employed by a metropolitan housing authority under	30499
division (D) of section 3735.31 of the Revised Code, member of a	30500
police force employed by a regional transit authority under	30501
division (Y) of section 306.35 of the Revised Code, state	30502
university law enforcement officer appointed under section 3345.04	30503
of the Revised Code, veterans' home police officer appointed under	30504
section 5907.02 of the Revised Code, special police officer	30505
employed by a port authority under section 4582.04 or 4582.28 of	30506
the Revised Code, or a special police officer employed by a	30507
municipal corporation at a municipal airport, or other municipal	30508
air navigation facility, that has scheduled operations, as defined	30509
in section 119.3 of Title 14 of the Code of Federal Regulations,	30510
14 C.F.R. 119.3, as amended, and that is required to be under a	30511
security program and is governed by aviation security rules of the	30512
transportation security administration of the United States	30513
department of transportation as provided in Parts 1542. and 1544.	30514
of Title 49 of the Code of Federal Regulations, as amended, shall	30515
arrest and detain, until a warrant can be obtained, a person found	30516
violating, within the limits of the political subdivision,	30517
metropolitan housing authority housing project, regional transit	30518
authority facilities or areas of a municipal corporation that have	30519
been agreed to by a regional transit authority and a municipal	30520
corporation located within its territorial jurisdiction, college,	30521
university, veterans' home operated under Chapter 5907. of the	30522
Revised Code, port authority, or municipal airport or other	30523
municipal air navigation facility, in which the peace officer is	30524
appointed, employed, or elected, a law of this state, an ordinance	30525
of a municipal corporation, or a resolution of a township.	30526

(2) A peace officer of the department of natural resources, a	30527
state fire marshal law enforcement officer described in division	30528
(A)(23) of section 109.71 of the Revised Code, or an individual	30529
designated to perform law enforcement duties under section	30530
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	30531
detain, until a warrant can be obtained, a person found violating,	30532
within the limits of the peace officer's, state fire marshal law	30533
enforcement officer's, or individual's territorial jurisdiction, a	30534
law of this state.	30535

(3) The house sergeant at arms, if the house sergeant at arms	30536
has arrest authority pursuant to division (E)(1) of section	30537
101.311 of the Revised Code, and an assistant house sergeant at	30538
arms shall arrest and detain, until a warrant can be obtained, a	30539
person found violating, within the limits of the sergeant at	30540
arms's or assistant sergeant at arms's territorial jurisdiction	30541
specified in division (D)(1)(a) of section 101.311 of the Revised	30542
Code or while providing security pursuant to division (D)(1)(f) of	30543
section 101.311 of the Revised Code, a law of this state, an	30544
ordinance of a municipal corporation, or a resolution of a	30545
township.	30546

(4) The senate sergeant at arms and an assistant senate	30547
sergeant at arms shall arrest and detain, until a warrant can be	30548
obtained, a person found violating, within the limits of the	30549
sergeant at arms's or assistant sergeant at arms's territorial	30550
jurisdiction specified in division (B) of section 101.312 of the	30551
Revised Code, a law of this state, an ordinance of a municipal	30552
corporation, or a resolution of a township.	30553

(B)(1) When there is reasonable ground to believe that an	30554
offense of violence, the offense of criminal child enticement as	30555
defined in section 2905.05 of the Revised Code, the offense of	30556
public indecency as defined in section 2907.09 of the Revised	30557
Code, the offense of domestic violence as defined in section	30558
2919.25 of the Revised Code, the offense of violating a protection	30559
order as defined in section 2919.27 of the Revised Code, the	30560
offense of menacing by stalking as defined in section 2903.211 of	30561
the Revised Code, the offense of aggravated trespass as defined in	30562
section 2911.211 of the Revised Code, a theft offense as defined	30563
in section 2913.01 of the Revised Code, or a felony drug abuse	30564
offense as defined in section 2925.01 of the Revised Code, has	30565
been committed within the limits of the political subdivision,	30566
metropolitan housing authority housing project, regional transit	30567
authority facilities or those areas of a municipal corporation	30568
that have been agreed to by a regional transit authority and a	30569
municipal corporation located within its territorial jurisdiction,	30570
college, university, veterans' home operated under Chapter 5907.	30571
of the Revised Code, port authority, or municipal airport or other	30572
municipal air navigation facility, in which the peace officer is	30573
appointed, employed, or elected or within the limits of the	30574
territorial jurisdiction of the peace officer, a peace officer	30575
described in division (A) of this section may arrest and detain	30576
until a warrant can be obtained any person who the peace officer	30577
has reasonable cause to believe is guilty of the violation.	30578

(2) For purposes of division (B)(1) of this section, the	30579
execution of any of the following constitutes reasonable ground to	30580
believe that the offense alleged in the statement was committed	30581
and reasonable cause to believe that the person alleged in the	30582
statement to have committed the offense is guilty of the	30583
violation:	30584

(a) A written statement by a person alleging that an alleged	30585
offender has committed the offense of menacing by stalking or	30586
aggravated trespass;	30587

(b) A written statement by the administrator of the	30588
interstate compact on mental health appointed under section	30589
~~5119.51~~5119.71 of the Revised Code alleging that a person who had	30590
been hospitalized, institutionalized, or confined in any facility	30591
under an order made pursuant to or under authority of section	30592
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	30593
2945.402 of the Revised Code has escaped from the facility, from	30594
confinement in a vehicle for transportation to or from the	30595
facility, or from supervision by an employee of the facility that	30596
is incidental to hospitalization, institutionalization, or	30597
confinement in the facility and that occurs outside of the	30598
facility, in violation of section 2921.34 of the Revised Code;	30599

(c) A written statement by the administrator of any facility	30600
in which a person has been hospitalized, institutionalized, or	30601
confined under an order made pursuant to or under authority of	30602
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	30603
2945.402 of the Revised Code alleging that the person has escaped	30604
from the facility, from confinement in a vehicle for	30605
transportation to or from the facility, or from supervision by an	30606
employee of the facility that is incidental to hospitalization,	30607
institutionalization, or confinement in the facility and that	30608
occurs outside of the facility, in violation of section 2921.34 of	30609
the Revised Code.	30610

(3)(a) For purposes of division (B)(1) of this section, a	30611
peace officer described in division (A) of this section has	30612
reasonable grounds to believe that the offense of domestic	30613
violence or the offense of violating a protection order has been	30614
committed and reasonable cause to believe that a particular person	30615
is guilty of committing the offense if any of the following	30616
occurs:	30617

(i) A person executes a written statement alleging that the	30618
person in question has committed the offense of domestic violence	30619
or the offense of violating a protection order against the person	30620
who executes the statement or against a child of the person who	30621
executes the statement.	30622

(ii) No written statement of the type described in division	30623
(B)(3)(a)(i) of this section is executed, but the peace officer,	30624
based upon the peace officer's own knowledge and observation of	30625
the facts and circumstances of the alleged incident of the offense	30626
of domestic violence or the alleged incident of the offense of	30627
violating a protection order or based upon any other information,	30628
including, but not limited to, any reasonably trustworthy	30629
information given to the peace officer by the alleged victim of	30630
the alleged incident of the offense or any witness of the alleged	30631
incident of the offense, concludes that there are reasonable	30632
grounds to believe that the offense of domestic violence or the	30633
offense of violating a protection order has been committed and	30634
reasonable cause to believe that the person in question is guilty	30635
of committing the offense.	30636

(iii) No written statement of the type described in division	30637
(B)(3)(a)(i) of this section is executed, but the peace officer	30638
witnessed the person in question commit the offense of domestic	30639
violence or the offense of violating a protection order.	30640

(b) If pursuant to division (B)(3)(a) of this section a peace	30641
officer has reasonable grounds to believe that the offense of	30642
domestic violence or the offense of violating a protection order	30643
has been committed and reasonable cause to believe that a	30644
particular person is guilty of committing the offense, it is the	30645
preferred course of action in this state that the officer arrest	30646
and detain that person pursuant to division (B)(1) of this section	30647
until a warrant can be obtained.	30648

If pursuant to division (B)(3)(a) of this section a peace	30649
officer has reasonable grounds to believe that the offense of	30650
domestic violence or the offense of violating a protection order	30651
has been committed and reasonable cause to believe that family or	30652
household members have committed the offense against each other,	30653
it is the preferred course of action in this state that the	30654
officer, pursuant to division (B)(1) of this section, arrest and	30655
detain until a warrant can be obtained the family or household	30656
member who committed the offense and whom the officer has	30657
reasonable cause to believe is the primary physical aggressor.	30658
There is no preferred course of action in this state regarding any	30659
other family or household member who committed the offense and	30660
whom the officer does not have reasonable cause to believe is the	30661
primary physical aggressor, but, pursuant to division (B)(1) of	30662
this section, the peace officer may arrest and detain until a	30663
warrant can be obtained any other family or household member who	30664
committed the offense and whom the officer does not have	30665
reasonable cause to believe is the primary physical aggressor.	30666

(c) If a peace officer described in division (A) of this	30667
section does not arrest and detain a person whom the officer has	30668
reasonable cause to believe committed the offense of domestic	30669
violence or the offense of violating a protection order when it is	30670
the preferred course of action in this state pursuant to division	30671
(B)(3)(b) of this section that the officer arrest that person, the	30672
officer shall articulate in the written report of the incident	30673
required by section 2935.032 of the Revised Code a clear statement	30674
of the officer's reasons for not arresting and detaining that	30675
person until a warrant can be obtained.	30676

(d) In determining for purposes of division (B)(3)(b) of this	30677
section which family or household member is the primary physical	30678
aggressor in a situation in which family or household members have	30679
committed the offense of domestic violence or the offense of	30680
violating a protection order against each other, a peace officer	30681
described in division (A) of this section, in addition to any	30682
other relevant circumstances, should consider all of the	30683
following:	30684

(i) Any history of domestic violence or of any other violent	30685
acts by either person involved in the alleged offense that the	30686
officer reasonably can ascertain;	30687

(ii) If violence is alleged, whether the alleged violence was	30688
caused by a person acting in self-defense;	30689

(iii) Each person's fear of physical harm, if any, resulting	30690
from the other person's threatened use of force against any person	30691
or resulting from the other person's use or history of the use of	30692
force against any person, and the reasonableness of that fear;	30693

(iv) The comparative severity of any injuries suffered by the	30694
persons involved in the alleged offense.	30695

(e)(i) A peace officer described in division (A) of this	30696
section shall not require, as a prerequisite to arresting or	30697
charging a person who has committed the offense of domestic	30698
violence or the offense of violating a protection order, that the	30699
victim of the offense specifically consent to the filing of	30700
charges against the person who has committed the offense or sign a	30701
complaint against the person who has committed the offense.	30702

(ii) If a person is arrested for or charged with committing	30703
the offense of domestic violence or the offense of violating a	30704
protection order and if the victim of the offense does not	30705
cooperate with the involved law enforcement or prosecuting	30706
authorities in the prosecution of the offense or, subsequent to	30707
the arrest or the filing of the charges, informs the involved law	30708
enforcement or prosecuting authorities that the victim does not	30709
wish the prosecution of the offense to continue or wishes to drop	30710
charges against the alleged offender relative to the offense, the	30711
involved prosecuting authorities, in determining whether to	30712
continue with the prosecution of the offense or whether to dismiss	30713
charges against the alleged offender relative to the offense and	30714
notwithstanding the victim's failure to cooperate or the victim's	30715
wishes, shall consider all facts and circumstances that are	30716
relevant to the offense, including, but not limited to, the	30717
statements and observations of the peace officers who responded to	30718
the incident that resulted in the arrest or filing of the charges	30719
and of all witnesses to that incident.	30720

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	30721
this section whether to arrest a person pursuant to division	30722
(B)(1) of this section, a peace officer described in division (A)	30723
of this section shall not consider as a factor any possible	30724
shortage of cell space at the detention facility to which the	30725
person will be taken subsequent to the person's arrest or any	30726
possibility that the person's arrest might cause, contribute to,	30727
or exacerbate overcrowding at that detention facility or at any	30728
other detention facility.	30729

(g) If a peace officer described in division (A) of this	30730
section intends pursuant to divisions (B)(3)(a) to (g) of this	30731
section to arrest a person pursuant to division (B)(1) of this	30732
section and if the officer is unable to do so because the person	30733
is not present, the officer promptly shall seek a warrant for the	30734
arrest of the person.	30735

(h) If a peace officer described in division (A) of this	30736
section responds to a report of an alleged incident of the offense	30737
of domestic violence or an alleged incident of the offense of	30738
violating a protection order and if the circumstances of the	30739
incident involved the use or threatened use of a deadly weapon or	30740
any person involved in the incident brandished a deadly weapon	30741
during or in relation to the incident, the deadly weapon that was	30742
used, threatened to be used, or brandished constitutes contraband,	30743
and, to the extent possible, the officer shall seize the deadly	30744
weapon as contraband pursuant to Chapter 2981. of the Revised	30745
Code. Upon the seizure of a deadly weapon pursuant to division	30746
(B)(3)(h) of this section, section 2981.12 of the Revised Code	30747
shall apply regarding the treatment and disposition of the deadly	30748
weapon. For purposes of that section, the "underlying criminal	30749
offense" that was the basis of the seizure of a deadly weapon	30750
under division (B)(3)(h) of this section and to which the deadly	30751
weapon had a relationship is any of the following that is	30752
applicable:	30753

(i) The alleged incident of the offense of domestic violence	30754
or the alleged incident of the offense of violating a protection	30755
order to which the officer who seized the deadly weapon responded;	30756

(ii) Any offense that arose out of the same facts and	30757
circumstances as the report of the alleged incident of the offense	30758
of domestic violence or the alleged incident of the offense of	30759
violating a protection order to which the officer who seized the	30760
deadly weapon responded.	30761

(4) If, in the circumstances described in divisions (B)(3)(a)	30762
to (g) of this section, a peace officer described in division (A)	30763
of this section arrests and detains a person pursuant to division	30764
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	30765
this section, a peace officer described in division (A) of this	30766
section seizes a deadly weapon, the officer, to the extent	30767
described in and in accordance with section 9.86 or 2744.03 of the	30768
Revised Code, is immune in any civil action for damages for	30769
injury, death, or loss to person or property that arises from or	30770
is related to the arrest and detention or the seizure.	30771

(C) When there is reasonable ground to believe that a	30772
violation of division (A)(1), (2), (3), (4), or (5) of section	30773
4506.15 or a violation of section 4511.19 of the Revised Code has	30774
been committed by a person operating a motor vehicle subject to	30775
regulation by the public utilities commission of Ohio under Title	30776
XLIX of the Revised Code, a peace officer with authority to	30777
enforce that provision of law may stop or detain the person whom	30778
the officer has reasonable cause to believe was operating the	30779
motor vehicle in violation of the division or section and, after	30780
investigating the circumstances surrounding the operation of the	30781
vehicle, may arrest and detain the person.	30782

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	30783
municipal police officer, member of a police force employed by a	30784
metropolitan housing authority under division (D) of section	30785
3735.31 of the Revised Code, member of a police force employed by	30786
a regional transit authority under division (Y) of section 306.35	30787
of the Revised Code, special police officer employed by a port	30788
authority under section 4582.04 or 4582.28 of the Revised Code,	30789
special police officer employed by a municipal corporation at a	30790
municipal airport or other municipal air navigation facility	30791
described in division (A) of this section, township constable,	30792
police officer of a township or joint police district, state	30793
university law enforcement officer appointed under section 3345.04	30794
of the Revised Code, peace officer of the department of natural	30795
resources, individual designated to perform law enforcement duties	30796
under section 511.232, 1545.13, or 6101.75 of the Revised Code,	30797
the house sergeant at arms if the house sergeant at arms has	30798
arrest authority pursuant to division (E)(1) of section 101.311 of	30799
the Revised Code, or an assistant house sergeant at arms is	30800
authorized by division (A) or (B) of this section to arrest and	30801
detain, within the limits of the political subdivision,	30802
metropolitan housing authority housing project, regional transit	30803
authority facilities or those areas of a municipal corporation	30804
that have been agreed to by a regional transit authority and a	30805
municipal corporation located within its territorial jurisdiction,	30806
port authority, municipal airport or other municipal air	30807
navigation facility, college, or university in which the officer	30808
is appointed, employed, or elected or within the limits of the	30809
territorial jurisdiction of the peace officer, a person until a	30810
warrant can be obtained, the peace officer, outside the limits of	30811
that territory, may pursue, arrest, and detain that person until a	30812
warrant can be obtained if all of the following apply:	30813

(1) The pursuit takes place without unreasonable delay after	30814
the offense is committed;	30815

(2) The pursuit is initiated within the limits of the	30816
political subdivision, metropolitan housing authority housing	30817
project, regional transit authority facilities or those areas of a	30818
municipal corporation that have been agreed to by a regional	30819
transit authority and a municipal corporation located within its	30820
territorial jurisdiction, port authority, municipal airport or	30821
other municipal air navigation facility, college, or university in	30822
which the peace officer is appointed, employed, or elected or	30823
within the limits of the territorial jurisdiction of the peace	30824
officer;	30825

(3) The offense involved is a felony, a misdemeanor of the	30826
first degree or a substantially equivalent municipal ordinance, a	30827
misdemeanor of the second degree or a substantially equivalent	30828
municipal ordinance, or any offense for which points are	30829
chargeable pursuant to section 4510.036 of the Revised Code.	30830

(E) In addition to the authority granted under division (A)	30831
or (B) of this section:	30832

(1) A sheriff or deputy sheriff may arrest and detain, until	30833
a warrant can be obtained, any person found violating section	30834
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	30835
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	30836
portion of any street or highway that is located immediately	30837
adjacent to the boundaries of the county in which the sheriff or	30838
deputy sheriff is elected or appointed.	30839

(2) A member of the police force of a township police	30840
district created under section 505.48 of the Revised Code, a	30841
member of the police force of a joint police district created	30842
under section 505.482 of the Revised Code, or a township constable	30843
appointed in accordance with section 509.01 of the Revised Code,	30844
who has received a certificate from the Ohio peace officer	30845
training commission under section 109.75 of the Revised Code, may	30846
arrest and detain, until a warrant can be obtained, any person	30847
found violating any section or chapter of the Revised Code listed	30848
in division (E)(1) of this section, other than sections 4513.33	30849
and 4513.34 of the Revised Code, on the portion of any street or	30850
highway that is located immediately adjacent to the boundaries of	30851
the township police district or joint police district, in the case	30852
of a member of a township police district or joint police district	30853
police force, or the unincorporated territory of the township, in	30854
the case of a township constable. However, if the population of	30855
the township that created the township police district served by	30856
the member's police force, or the townships and municipal	30857
corporations that created the joint police district served by the	30858
member's police force, or the township that is served by the	30859
township constable, is sixty thousand or less, the member of the	30860
township police district or joint police district police force or	30861
the township constable may not make an arrest under division	30862
(E)(2) of this section on a state highway that is included as part	30863
of the interstate system.	30864

(3) A police officer or village marshal appointed, elected,	30865
or employed by a municipal corporation may arrest and detain,	30866
until a warrant can be obtained, any person found violating any	30867
section or chapter of the Revised Code listed in division (E)(1)	30868
of this section on the portion of any street or highway that is	30869
located immediately adjacent to the boundaries of the municipal	30870
corporation in which the police officer or village marshal is	30871
appointed, elected, or employed.	30872

(4) A peace officer of the department of natural resources, a	30873
state fire marshal law enforcement officer described in division	30874
(A)(23) of section 109.71 of the Revised Code, or an individual	30875
designated to perform law enforcement duties under section	30876
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	30877
detain, until a warrant can be obtained, any person found	30878
violating any section or chapter of the Revised Code listed in	30879
division (E)(1) of this section, other than sections 4513.33 and	30880
4513.34 of the Revised Code, on the portion of any street or	30881
highway that is located immediately adjacent to the boundaries of	30882
the lands and waters that constitute the territorial jurisdiction	30883
of the peace officer or state fire marshal law enforcement	30884
officer.	30885

(F)(1) A department of ~~mental health~~mental health and	30886
addiction services special police officer or a department of	30887
developmental disabilities special police officer may arrest	30888
without a warrant and detain until a warrant can be obtained any	30889
person found committing on the premises of any institution under	30890
the jurisdiction of the particular department a misdemeanor under	30891
a law of the state.	30892

A department of ~~mental health~~mental health and addiction	30893
services special police officer or a department of developmental	30894
disabilities special police officer may arrest without a warrant	30895
and detain until a warrant can be obtained any person who has been	30896
hospitalized, institutionalized, or confined in an institution	30897
under the jurisdiction of the particular department pursuant to or	30898
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	30899
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	30900
found committing on the premises of any institution under the	30901
jurisdiction of the particular department a violation of section	30902
2921.34 of the Revised Code that involves an escape from the	30903
premises of the institution.	30904

(2)(a) If a department of ~~mental health~~mental health and	30905
addiction services special police officer or a department of	30906
developmental disabilities special police officer finds any person	30907
who has been hospitalized, institutionalized, or confined in an	30908
institution under the jurisdiction of the particular department	30909
pursuant to or under authority of section 2945.37, 2945.371,	30910
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	30911
Code committing a violation of section 2921.34 of the Revised Code	30912
that involves an escape from the premises of the institution, or	30913
if there is reasonable ground to believe that a violation of	30914
section 2921.34 of the Revised Code has been committed that	30915
involves an escape from the premises of an institution under the	30916
jurisdiction of the department of ~~mental health~~mental health and	30917
addiction services or the department of developmental disabilities	30918
and if a department of ~~mental health~~mental health and addiction	30919
services special police officer or a department of developmental	30920
disabilities special police officer has reasonable cause to	30921
believe that a particular person who has been hospitalized,	30922
institutionalized, or confined in the institution pursuant to or	30923
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	30924
2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of	30925
the violation, the special police officer, outside of the premises	30926
of the institution, may pursue, arrest, and detain that person for	30927
that violation of section 2921.34 of the Revised Code, until a	30928
warrant can be obtained, if both of the following apply:	30929

(i) The pursuit takes place without unreasonable delay after	30930
the offense is committed;	30931

(ii) The pursuit is initiated within the premises of the	30932
institution from which the violation of section 2921.34 of the	30933
Revised Code occurred.	30934

(b) For purposes of division (F)(2)(a) of this section, the	30935
execution of a written statement by the administrator of the	30936
institution in which a person had been hospitalized,	30937
institutionalized, or confined pursuant to or under authority of	30938
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	30939
2945.402 of the Revised Code alleging that the person has escaped	30940
from the premises of the institution in violation of section	30941
2921.34 of the Revised Code constitutes reasonable ground to	30942
believe that the violation was committed and reasonable cause to	30943
believe that the person alleged in the statement to have committed	30944
the offense is guilty of the violation.	30945

(G) As used in this section:

30946

(1) A "department of ~~mental health~~mental health and	30947
addiction services special police officer" means a special police	30948
officer of the department of ~~mental health~~mental health and	30949
addiction services designated under section ~~5119.14~~5119.08 of the	30950
Revised Code who is certified by the Ohio peace officer training	30951
commission under section 109.77 of the Revised Code as having	30952
successfully completed an approved peace officer basic training	30953
program.	30954

(2) A "department of developmental disabilities special	30955
police officer" means a special police officer of the department	30956
of developmental disabilities designated under section 5123.13 of	30957
the Revised Code who is certified by the Ohio peace officer	30958
training council under section 109.77 of the Revised Code as	30959
having successfully completed an approved peace officer basic	30960
training program.	30961

(3) "Deadly weapon" has the same meaning as in section	30962
2923.11 of the Revised Code.	30963

(4) "Family or household member" has the same meaning as in	30964
section 2919.25 of the Revised Code.	30965

(5) "Street" or "highway" has the same meaning as in section	30966
4511.01 of the Revised Code.	30967

(6) "Interstate system" has the same meaning as in section	30968
5516.01 of the Revised Code.	30969

(7) "Peace officer of the department of natural resources"	30970
means an employee of the department of natural resources who is a	30971
natural resources law enforcement staff officer designated	30972
pursuant to section 1501.013 of the Revised Code, a forest officer	30973
designated pursuant to section 1503.29 of the Revised Code, a	30974
preserve officer designated pursuant to section 1517.10 of the	30975
Revised Code, a wildlife officer designated pursuant to section	30976
1531.13 of the Revised Code, a park officer designated pursuant to	30977
section 1541.10 of the Revised Code, or a state watercraft officer	30978
designated pursuant to section 1547.521 of the Revised Code.	30979

(8) "Portion of any street or highway" means all lanes of the	30980
street or highway irrespective of direction of travel, including	30981
designated turn lanes, and any berm, median, or shoulder.	30982

Sec. 2935.33. (A) If a person charged with a misdemeanor is	30983
taken before a judge of a court of record and if it appears to the	30984
judge that the person is an alcoholic or is suffering from acute	30985
alcohol intoxication and that the person would benefit from	30986
services provided by ~~an alcohol and drug~~a community addiction	30987
~~program~~services provider certified under Chapter ~~3793.~~5119. of	30988
the Revised Code, the judge may place the person temporarily in a	30989
~~program~~services provider certified under that chapter in the area	30990
in which the court has jurisdiction for inpatient care and	30991
treatment for an indefinite period not exceeding five days. The	30992
commitment does not limit the right to release on bail. The judge	30993
may dismiss a charge of a violation of division (B) of section	30994
2917.11 of the Revised Code or of a municipal ordinance	30995
substantially equivalent to that division if the defendant	30996
complies with all the conditions of treatment ordered by the	30997
court.	30998

The court may order that any fines or court costs collected	30999
by the court from defendants who have received inpatient care from	31000
~~an alcohol and drug~~a community addiction ~~program~~services	31001
provider be paid, for the benefit of the program, to the board of	31002
alcohol, drug addiction, and mental health services of the	31003
alcohol, drug addiction, and mental health service district in	31004
which the ~~program~~services provider is located or to the director	31005
of ~~alcohol and drug addiction services~~mental health and addiction	31006
services.	31007

(B) If a person is being sentenced for a violation of	31008
division (B) of section 2917.11 or section 4511.19 of the Revised	31009
Code, a misdemeanor violation of section 2919.25 of the Revised	31010
Code, a misdemeanor violation of section 2919.27 of the Revised	31011
Code involving a protection order issued or consent agreement	31012
approved pursuant to section 2919.26 or 3113.31 of the Revised	31013
Code, or a violation of a municipal ordinance substantially	31014
equivalent to that division or any of those sections and if it	31015
appears to the judge at the time of sentencing that the person is	31016
an alcoholic or is suffering from acute alcohol intoxication and	31017
that, in lieu of imprisonment, the person would benefit from	31018
services provided by ~~an alcohol and drug~~a community addiction	31019
~~program~~services provider certified under Chapter ~~3793.~~5119. of	31020
the Revised Code, the court may commit the person to close	31021
supervision in any facility in the area in which the court has	31022
jurisdiction that is, or is operated by, such a ~~program~~services	31023
provider. Such close supervision may include outpatient services	31024
and part-time release, except that a person convicted of a	31025
violation of division (A) of section 4511.19 of the Revised Code	31026
shall be confined to the facility for at least three days and	31027
except that a person convicted of a misdemeanor violation of	31028
section 2919.25 of the Revised Code, a misdemeanor violation of	31029
section 2919.27 of the Revised Code involving a protection order	31030
issued or consent agreement approved pursuant to section 2919.26	31031
or 3113.31 of the Revised Code, or a violation of a substantially	31032
equivalent municipal ordinance shall be confined to the facility	31033
in accordance with the order of commitment. A commitment of a	31034
person to a facility for purposes of close supervision shall not	31035
exceed the maximum term for which the person could be imprisoned.	31036

(C) A law enforcement officer who finds a person subject to	31037
prosecution for violation of division (B) of section 2917.11 of	31038
the Revised Code or a municipal ordinance substantially equivalent	31039
to that division and who has reasonable cause to believe that the	31040
person is an alcoholic or is suffering from acute alcohol	31041
intoxication and would benefit from immediate treatment	31042
immediately may place the person in ~~an alcohol and drug~~a	31043
community addiction ~~program~~services provider certified under	31044
Chapter ~~3793.~~5119. of the Revised Code in the area in which the	31045
person is found, for emergency treatment, in lieu of other arrest	31046
procedures, for a maximum period of forty-eight hours. During that	31047
time, if the person desires to leave such custody, the person	31048
shall be released forthwith.	31049

(D) As used in this section:

31050

(1) "Alcoholic" has the same meaning as in section ~~3793.01~~	31051
5119.01 of the Revised Code;	31052

(2) "Acute alcohol intoxication" means a heavy consumption of	31053
alcohol over a relatively short period of time, resulting in	31054
dysfunction of the brain centers controlling behavior, speech, and	31055
memory and causing characteristic withdrawal symptoms.	31056

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	31057
the Revised Code:	31058

(1) "Prosecutor" means a prosecuting attorney or a city	31059
director of law, village solicitor, or similar chief legal officer	31060
of a municipal corporation who has authority to prosecute a	31061
criminal case that is before the court or the criminal case in	31062
which a defendant in a criminal case has been found incompetent to	31063
stand trial or not guilty by reason of insanity.	31064

(2) "Examiner" means either of the following:

31065

(a) A psychiatrist or a licensed clinical psychologist who	31066
satisfies the criteria of division (I)(1) of section 5122.01 of	31067
the Revised Code or is employed by a certified forensic center	31068
designated by the department of ~~mental health~~mental health and	31069
addiction services to conduct examinations or evaluations.	31070

(b) For purposes of a separate mental retardation evaluation	31071
that is ordered by a court pursuant to division (H) of section	31072
2945.371 of the Revised Code, a psychologist designated by the	31073
director of developmental disabilities pursuant to that section to	31074
conduct that separate mental retardation evaluation.	31075

(3) "Nonsecured status" means any unsupervised, off-grounds	31076
movement or trial visit from a hospital or institution, or any	31077
conditional release, that is granted to a person who is found	31078
incompetent to stand trial and is committed pursuant to section	31079
2945.39 of the Revised Code or to a person who is found not guilty	31080
by reason of insanity and is committed pursuant to section 2945.40	31081
of the Revised Code.	31082

(4) "Unsupervised, off-grounds movement" includes only	31083
off-grounds privileges that are unsupervised and that have an	31084
expectation of return to the hospital or institution on a daily	31085
basis.	31086

(5) "Trial visit" means a patient privilege of a longer	31087
stated duration of unsupervised community contact with an	31088
expectation of return to the hospital or institution at designated	31089
times.	31090

(6) "Conditional release" means a commitment status under	31091
which the trial court at any time may revoke a person's	31092
conditional release and order the rehospitalization or	31093
reinstitutionalization of the person as described in division (A)	31094
of section 2945.402 of the Revised Code and pursuant to which a	31095
person who is found incompetent to stand trial or a person who is	31096
found not guilty by reason of insanity lives and receives	31097
treatment in the community for a period of time that does not	31098
exceed the maximum prison term or term of imprisonment that the	31099
person could have received for the offense in question had the	31100
person been convicted of the offense instead of being found	31101
incompetent to stand trial on the charge of the offense or being	31102
found not guilty by reason of insanity relative to the offense.	31103

(7) "Licensed clinical psychologist," "mentally ill person	31104
subject to hospitalization by court order," and "psychiatrist"	31105
have the same meanings as in section 5122.01 of the Revised Code.	31106

(8) "Mentally retarded person subject to institutionalization	31107
by court order" has the same meaning as in section 5123.01 of the	31108
Revised Code.	31109

(B) In a criminal action in a court of common pleas, a county	31110
court, or a municipal court, the court, prosecutor, or defense may	31111
raise the issue of the defendant's competence to stand trial. If	31112
the issue is raised before the trial has commenced, the court	31113
shall hold a hearing on the issue as provided in this section. If	31114
the issue is raised after the trial has commenced, the court shall	31115
hold a hearing on the issue only for good cause shown or on the	31116
court's own motion.	31117

(C) The court shall conduct the hearing required or	31118
authorized under division (B) of this section within thirty days	31119
after the issue is raised, unless the defendant has been referred	31120
for evaluation in which case the court shall conduct the hearing	31121
within ten days after the filing of the report of the evaluation	31122
or, in the case of a defendant who is ordered by the court	31123
pursuant to division (H) of section 2945.371 of the Revised Code	31124
to undergo a separate mental retardation evaluation conducted by a	31125
psychologist designated by the director of developmental	31126
disabilities, within ten days after the filing of the report of	31127
the separate mental retardation evaluation under that division. A	31128
hearing may be continued for good cause.	31129

(D) The defendant shall be represented by counsel at the	31130
hearing conducted under division (C) of this section. If the	31131
defendant is unable to obtain counsel, the court shall appoint	31132
counsel under Chapter 120. of the Revised Code or under the	31133
authority recognized in division (C) of section 120.06, division	31134
(E) of section 120.16, division (E) of section 120.26, or section	31135
2941.51 of the Revised Code before proceeding with the hearing.	31136

(E) The prosecutor and defense counsel may submit evidence on	31137
the issue of the defendant's competence to stand trial. A written	31138
report of the evaluation of the defendant may be admitted into	31139
evidence at the hearing by stipulation, but, if either the	31140
prosecution or defense objects to its admission, the report may be	31141
admitted under sections 2317.36 to 2317.38 of the Revised Code or	31142
any other applicable statute or rule.	31143

(F) The court shall not find a defendant incompetent to stand	31144
trial solely because the defendant is receiving or has received	31145
treatment as a voluntary or involuntary mentally ill patient under	31146
Chapter 5122. or a voluntary or involuntary mentally retarded	31147
resident under Chapter 5123. of the Revised Code or because the	31148
defendant is receiving or has received psychotropic drugs or other	31149
medication, even if the defendant might become incompetent to	31150
stand trial without the drugs or medication.	31151

(G) A defendant is presumed to be competent to stand trial.	31152
If, after a hearing, the court finds by a preponderance of the	31153
evidence that, because of the defendant's present mental	31154
condition, the defendant is incapable of understanding the nature	31155
and objective of the proceedings against the defendant or of	31156
assisting in the defendant's defense, the court shall find the	31157
defendant incompetent to stand trial and shall enter an order	31158
authorized by section 2945.38 of the Revised Code.	31159

(H) Municipal courts shall follow the procedures set forth in	31160
sections 2945.37 to 2945.402 of the Revised Code. Except as	31161
provided in section 2945.371 of the Revised Code, a municipal	31162
court shall not order an evaluation of the defendant's competence	31163
to stand trial or the defendant's mental condition at the time of	31164
the commission of the offense to be conducted at any hospital	31165
operated by the department of ~~mental health~~mental health and	31166
addiction services. Those evaluations shall be performed through	31167
community resources including, but not limited to, certified	31168
forensic centers, court probation departments, and community	31169
mental health agencies. All expenses of the evaluations shall be	31170
borne by the legislative authority of the municipal court, as	31171
defined in section 1901.03 of the Revised Code, and shall be taxed	31172
as costs in the case. If a defendant is found incompetent to stand	31173
trial or not guilty by reason of insanity, a municipal court may	31174
commit the defendant as provided in sections 2945.38 to 2945.402	31175
of the Revised Code.	31176

Sec. 2945.371. (A) If the issue of a defendant's competence	31177
to stand trial is raised or if a defendant enters a plea of not	31178
guilty by reason of insanity, the court may order one or more	31179
evaluations of the defendant's present mental condition or, in the	31180
case of a plea of not guilty by reason of insanity, of the	31181
defendant's mental condition at the time of the offense charged.	31182
An examiner shall conduct the evaluation.	31183

(B) If the court orders more than one evaluation under	31184
division (A) of this section, the prosecutor and the defendant may	31185
recommend to the court an examiner whom each prefers to perform	31186
one of the evaluations. If a defendant enters a plea of not guilty	31187
by reason of insanity and if the court does not designate an	31188
examiner recommended by the defendant, the court shall inform the	31189
defendant that the defendant may have independent expert	31190
evaluation and that, if the defendant is unable to obtain	31191
independent expert evaluation, it will be obtained for the	31192
defendant at public expense if the defendant is indigent.	31193

(C) If the court orders an evaluation under division (A) of	31194
this section, the defendant shall be available at the times and	31195
places established by the examiners who are to conduct the	31196
evaluation. The court may order a defendant who has been released	31197
on bail or recognizance to submit to an evaluation under this	31198
section. If a defendant who has been released on bail or	31199
recognizance refuses to submit to a complete evaluation, the court	31200
may amend the conditions of bail or recognizance and order the	31201
sheriff to take the defendant into custody and deliver the	31202
defendant to a center, program, or facility operated or certified	31203
by the department of ~~mental health~~mental health and addiction	31204
services or the department of developmental disabilities where the	31205
defendant may be held for evaluation for a reasonable period of	31206
time not to exceed twenty days.	31207

(D) A defendant who has not been released on bail or	31208
recognizance may be evaluated at the defendant's place of	31209
detention. Upon the request of the examiner, the court may order	31210
the sheriff to transport the defendant to a program or facility	31211
operated or certified by the department of ~~mental health~~mental	31212
health and addiction services or the department of developmental	31213
disabilities, where the defendant may be held for evaluation for a	31214
reasonable period of time not to exceed twenty days, and to return	31215
the defendant to the place of detention after the evaluation. A	31216
municipal court may make an order under this division only upon	31217
the request of a certified forensic center examiner.	31218

(E) If a court orders the evaluation to determine a	31219
defendant's mental condition at the time of the offense charged,	31220
the court shall inform the examiner of the offense with which the	31221
defendant is charged.	31222

(F) In conducting an evaluation of a defendant's mental	31223
condition at the time of the offense charged, the examiner shall	31224
consider all relevant evidence. If the offense charged involves	31225
the use of force against another person, the relevant evidence to	31226
be considered includes, but is not limited to, any evidence that	31227
the defendant suffered, at the time of the commission of the	31228
offense, from the "battered woman syndrome."	31229

(G) The examiner shall file a written report with the court	31230
within thirty days after entry of a court order for evaluation,	31231
and the court shall provide copies of the report to the prosecutor	31232
and defense counsel. The report shall include all of the	31233
following:	31234

(1) The examiner's findings;

31235

(2) The facts in reasonable detail on which the findings are	31236
based;	31237

(3) If the evaluation was ordered to determine the	31238
defendant's competence to stand trial, all of the following	31239
findings or recommendations that are applicable:	31240

(a) Whether the defendant is capable of understanding the	31241
nature and objective of the proceedings against the defendant or	31242
of assisting in the defendant's defense;	31243

(b) If the examiner's opinion is that the defendant is	31244
incapable of understanding the nature and objective of the	31245
proceedings against the defendant or of assisting in the	31246
defendant's defense, whether the defendant presently is mentally	31247
ill or mentally retarded and, if the examiner's opinion is that	31248
the defendant presently is mentally retarded, whether the	31249
defendant appears to be a mentally retarded person subject to	31250
institutionalization by court order;	31251

(c) If the examiner's opinion is that the defendant is	31252
incapable of understanding the nature and objective of the	31253
proceedings against the defendant or of assisting in the	31254
defendant's defense, the examiner's opinion as to the likelihood	31255
of the defendant becoming capable of understanding the nature and	31256
objective of the proceedings against the defendant and of	31257
assisting in the defendant's defense within one year if the	31258
defendant is provided with a course of treatment;	31259

(d) If the examiner's opinion is that the defendant is	31260
incapable of understanding the nature and objective of the	31261
proceedings against the defendant or of assisting in the	31262
defendant's defense and that the defendant presently is mentally	31263
ill or mentally retarded, the examiner's recommendation as to the	31264
least restrictive placement or commitment alternative, consistent	31265
with the defendant's treatment needs for restoration to competency	31266
and with the safety of the community.	31267

(4) If the evaluation was ordered to determine the	31268
defendant's mental condition at the time of the offense charged,	31269
the examiner's findings as to whether the defendant, at the time	31270
of the offense charged, did not know, as a result of a severe	31271
mental disease or defect, the wrongfulness of the defendant's acts	31272
charged.	31273

(H) If the examiner's report filed under division (G) of this	31274
section indicates that in the examiner's opinion the defendant is	31275
incapable of understanding the nature and objective of the	31276
proceedings against the defendant or of assisting in the	31277
defendant's defense and that in the examiner's opinion the	31278
defendant appears to be a mentally retarded person subject to	31279
institutionalization by court order, the court shall order the	31280
defendant to undergo a separate mental retardation evaluation	31281
conducted by a psychologist designated by the director of	31282
developmental disabilities. Divisions (C) to (F) of this section	31283
apply in relation to a separate mental retardation evaluation	31284
conducted under this division. The psychologist appointed under	31285
this division to conduct the separate mental retardation	31286
evaluation shall file a written report with the court within	31287
thirty days after the entry of the court order requiring the	31288
separate mental retardation evaluation, and the court shall	31289
provide copies of the report to the prosecutor and defense	31290
counsel. The report shall include all of the information described	31291
in divisions (G)(1) to (4) of this section. If the court orders a	31292
separate mental retardation evaluation of a defendant under this	31293
division, the court shall not conduct a hearing under divisions	31294
(B) to (H) of section 2945.37 of the Revised Code regarding that	31295
defendant until a report of the separate mental retardation	31296
evaluation conducted under this division has been filed. Upon the	31297
filing of that report, the court shall conduct the hearing within	31298
the period of time specified in division (C) of section 2945.37 of	31299
the Revised Code.	31300

(I) An examiner appointed under divisions (A) and (B) of this	31301
section or under division (H) of this section to evaluate a	31302
defendant to determine the defendant's competence to stand trial	31303
also may be appointed to evaluate a defendant who has entered a	31304
plea of not guilty by reason of insanity, but an examiner of that	31305
nature shall prepare separate reports on the issue of competence	31306
to stand trial and the defense of not guilty by reason of	31307
insanity.	31308

(J) No statement that a defendant makes in an evaluation or	31309
hearing under divisions (A) to (H) of this section relating to the	31310
defendant's competence to stand trial or to the defendant's mental	31311
condition at the time of the offense charged shall be used against	31312
the defendant on the issue of guilt in any criminal action or	31313
proceeding, but, in a criminal action or proceeding, the	31314
prosecutor or defense counsel may call as a witness any person who	31315
evaluated the defendant or prepared a report pursuant to a	31316
referral under this section. Neither the appointment nor the	31317
testimony of an examiner appointed under this section precludes	31318
the prosecutor or defense counsel from calling other witnesses or	31319
presenting other evidence on competency or insanity issues.	31320

(K) Persons appointed as examiners under divisions (A) and	31321
(B) of this section or under division (H) of this section shall be	31322
paid a reasonable amount for their services and expenses, as	31323
certified by the court. The certified amount shall be paid by the	31324
county in the case of county courts and courts of common pleas and	31325
by the legislative authority, as defined in section 1901.03 of the	31326
Revised Code, in the case of municipal courts.	31327

Sec. 2945.38. (A) If the issue of a defendant's competence	31328
to stand trial is raised and if the court, upon conducting the	31329
hearing provided for in section 2945.37 of the Revised Code, finds	31330
that the defendant is competent to stand trial, the defendant	31331
shall be proceeded against as provided by law. If the court finds	31332
the defendant competent to stand trial and the defendant is	31333
receiving psychotropic drugs or other medication, the court may	31334
authorize the continued administration of the drugs or medication	31335
or other appropriate treatment in order to maintain the	31336
defendant's competence to stand trial, unless the defendant's	31337
attending physician advises the court against continuation of the	31338
drugs, other medication, or treatment.	31339

(B)(1)(a) If, after taking into consideration all relevant	31340
reports, information, and other evidence, the court finds that the	31341
defendant is incompetent to stand trial and that there is a	31342
substantial probability that the defendant will become competent	31343
to stand trial within one year if the defendant is provided with a	31344
course of treatment, the court shall order the defendant to	31345
undergo treatment. If the defendant has been charged with a felony	31346
offense and if, after taking into consideration all relevant	31347
reports, information, and other evidence, the court finds that the	31348
defendant is incompetent to stand trial, but the court is unable	31349
at that time to determine whether there is a substantial	31350
probability that the defendant will become competent to stand	31351
trial within one year if the defendant is provided with a course	31352
of treatment, the court shall order continuing evaluation and	31353
treatment of the defendant for a period not to exceed four months	31354
to determine whether there is a substantial probability that the	31355
defendant will become competent to stand trial within one year if	31356
the defendant is provided with a course of treatment.	31357

(b) The court order for the defendant to undergo treatment or	31358
continuing evaluation and treatment under division (B)(1)(a) of	31359
this section shall specify that the defendant, if determined to	31360
require mental health treatment or continuing evaluation and	31361
treatment, either shall be committed to the department of ~~mental~~	31362
~~health~~mental health and addiction services for treatment or	31363
continuing evaluation and treatment at a hospital, facility, or	31364
agency, as determined to be clinically appropriate by the	31365
department of ~~mental health~~mental health and addiction services	31366
or shall be committed to a facility certified by the department of	31367
~~mental health~~mental health and addiction services as being	31368
qualified to treat mental illness, to a public or community mental	31369
health facility, or to a psychiatrist or another mental health	31370
professional for treatment or continuing evaluation and treatment.	31371
Prior to placing the defendant, the department of ~~mental health~~	31372
mental health and addiction services shall obtain court approval	31373
for that placement following a hearing. The court order for the	31374
defendant to undergo treatment or continuing evaluation and	31375
treatment under division (B)(1)(a) of this section shall specify	31376
that the defendant, if determined to require treatment or	31377
continuing evaluation and treatment for mental retardation, shall	31378
receive treatment or continuing evaluation and treatment at an	31379
institution or facility operated by the department of	31380
developmental disabilities, at a facility certified by the	31381
department of developmental disabilities as being qualified to	31382
treat mental retardation, at a public or private mental	31383
retardation facility, or by a psychiatrist or another mental	31384
retardation professional. In any case, the order may restrict the	31385
defendant's freedom of movement as the court considers necessary.	31386
The prosecutor in the defendant's case shall send to the chief	31387
clinical officer of the hospital, facility, or agency where the	31388
defendant is placed by the department of ~~mental health~~mental	31389
health and addiction services, or to the managing officer of the	31390
institution, the director of the program or facility, or the	31391
person to which the defendant is committed, copies of relevant	31392
police reports and other background information that pertains to	31393
the defendant and is available to the prosecutor unless the	31394
prosecutor determines that the release of any of the information	31395
in the police reports or any of the other background information	31396
to unauthorized persons would interfere with the effective	31397
prosecution of any person or would create a substantial risk of	31398
harm to any person.	31399

In determining the place of commitment, the court shall	31400
consider the extent to which the person is a danger to the person	31401
and to others, the need for security, and the type of crime	31402
involved and shall order the least restrictive alternative	31403
available that is consistent with public safety and treatment	31404
goals. In weighing these factors, the court shall give preference	31405
to protecting public safety.	31406

(c) If the defendant is found incompetent to stand trial, if	31407
the chief clinical officer of the hospital, facility, or agency	31408
where the defendant is placed, or the managing officer of the	31409
institution, the director of the program or facility, or the	31410
person to which the defendant is committed for treatment or	31411
continuing evaluation and treatment under division (B)(1)(b) of	31412
this section determines that medication is necessary to restore	31413
the defendant's competency to stand trial, and if the defendant	31414
lacks the capacity to give informed consent or refuses medication,	31415
the chief clinical officer of the hospital, facility, or agency	31416
where the defendant is placed, or the managing officer of the	31417
institution, the director of the program or facility, or the	31418
person to which the defendant is committed for treatment or	31419
continuing evaluation and treatment may petition the court for	31420
authorization for the involuntary administration of medication.	31421
The court shall hold a hearing on the petition within five days of	31422
the filing of the petition if the petition was filed in a	31423
municipal court or a county court regarding an incompetent	31424
defendant charged with a misdemeanor or within ten days of the	31425
filing of the petition if the petition was filed in a court of	31426
common pleas regarding an incompetent defendant charged with a	31427
felony offense. Following the hearing, the court may authorize the	31428
involuntary administration of medication or may dismiss the	31429
petition.	31430

(2) If the court finds that the defendant is incompetent to	31431
stand trial and that, even if the defendant is provided with a	31432
course of treatment, there is not a substantial probability that	31433
the defendant will become competent to stand trial within one	31434
year, the court shall order the discharge of the defendant, unless	31435
upon motion of the prosecutor or on its own motion, the court	31436
either seeks to retain jurisdiction over the defendant pursuant to	31437
section 2945.39 of the Revised Code or files an affidavit in the	31438
probate court for the civil commitment of the defendant pursuant	31439
to Chapter 5122. or 5123. of the Revised Code alleging that the	31440
defendant is a mentally ill person subject to hospitalization by	31441
court order or a mentally retarded person subject to	31442
institutionalization by court order. If an affidavit is filed in	31443
the probate court, the trial court shall send to the probate court	31444
copies of all written reports of the defendant's mental condition	31445
that were prepared pursuant to section 2945.371 of the Revised	31446
Code.	31447

The trial court may issue the temporary order of detention	31448
that a probate court may issue under section 5122.11 or 5123.71 of	31449
the Revised Code, to remain in effect until the probable cause or	31450
initial hearing in the probate court. Further proceedings in the	31451
probate court are civil proceedings governed by Chapter 5122. or	31452
5123. of the Revised Code.	31453

(C) No defendant shall be required to undergo treatment,	31454
including any continuing evaluation and treatment, under division	31455
(B)(1) of this section for longer than whichever of the following	31456
periods is applicable:	31457

(1) One year, if the most serious offense with which the	31458
defendant is charged is one of the following offenses:	31459

(a) Aggravated murder, murder, or an offense of violence for	31460
which a sentence of death or life imprisonment may be imposed;	31461

(b) An offense of violence that is a felony of the first or	31462
second degree;	31463

(c) A conspiracy to commit, an attempt to commit, or	31464
complicity in the commission of an offense described in division	31465
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	31466
complicity is a felony of the first or second degree.	31467

(2) Six months, if the most serious offense with which the	31468
defendant is charged is a felony other than a felony described in	31469
division (C)(1) of this section;	31470

(3) Sixty days, if the most serious offense with which the	31471
defendant is charged is a misdemeanor of the first or second	31472
degree;	31473

(4) Thirty days, if the most serious offense with which the	31474
defendant is charged is a misdemeanor of the third or fourth	31475
degree, a minor misdemeanor, or an unclassified misdemeanor.	31476

(D) Any defendant who is committed pursuant to this section	31477
shall not voluntarily admit the defendant or be voluntarily	31478
admitted to a hospital or institution pursuant to section 5122.02,	31479
5122.15, 5123.69, or 5123.76 of the Revised Code.	31480

(E) Except as otherwise provided in this division, a	31481
defendant who is charged with an offense and is committed by the	31482
court under this section to the department of ~~mental health~~mental	31483
health and addiction services or is committed to an institution or	31484
facility for the treatment of mental retardation shall not be	31485
granted unsupervised on-grounds movement, supervised off-grounds	31486
movement, or nonsecured status except in accordance with the court	31487
order. The court may grant a defendant supervised off-grounds	31488
movement to obtain medical treatment or specialized habilitation	31489
treatment services if the person who supervises the treatment or	31490
the continuing evaluation and treatment of the defendant ordered	31491
under division (B)(1)(a) of this section informs the court that	31492
the treatment or continuing evaluation and treatment cannot be	31493
provided at the hospital or facility where the defendant is placed	31494
by the department of ~~mental health~~mental health and addiction	31495
services or the institution or facility to which the defendant is	31496
committed. The chief clinical officer of the hospital or facility	31497
where the defendant is placed by the department of ~~mental health~~	31498
mental health and addiction services or the managing officer of	31499
the institution or director of the facility to which the defendant	31500
is committed, or a designee of any of those persons, may grant a	31501
defendant movement to a medical facility for an emergency medical	31502
situation with appropriate supervision to ensure the safety of the	31503
defendant, staff, and community during that emergency medical	31504
situation. The chief clinical officer of the hospital or facility	31505
where the defendant is placed by the department of ~~mental health~~	31506
mental health and addiction services or the managing officer of	31507
the institution or director of the facility to which the defendant	31508
is committed shall notify the court within twenty-four hours of	31509
the defendant's movement to the medical facility for an emergency	31510
medical situation under this division.	31511

(F) The person who supervises the treatment or continuing	31512
evaluation and treatment of a defendant ordered to undergo	31513
treatment or continuing evaluation and treatment under division	31514
(B)(1)(a) of this section shall file a written report with the	31515
court at the following times:	31516

(1) Whenever the person believes the defendant is capable of	31517
understanding the nature and objective of the proceedings against	31518
the defendant and of assisting in the defendant's defense;	31519

(2) For a felony offense, fourteen days before expiration of	31520
the maximum time for treatment as specified in division (C) of	31521
this section and fourteen days before the expiration of the	31522
maximum time for continuing evaluation and treatment as specified	31523
in division (B)(1)(a) of this section, and, for a misdemeanor	31524
offense, ten days before the expiration of the maximum time for	31525
treatment, as specified in division (C) of this section;	31526

(3) At a minimum, after each six months of treatment;

31527

(4) Whenever the person who supervises the treatment or	31528
continuing evaluation and treatment of a defendant ordered under	31529
division (B)(1)(a) of this section believes that there is not a	31530
substantial probability that the defendant will become capable of	31531
understanding the nature and objective of the proceedings against	31532
the defendant or of assisting in the defendant's defense even if	31533
the defendant is provided with a course of treatment.	31534

(G) A report under division (F) of this section shall contain	31535
the examiner's findings, the facts in reasonable detail on which	31536
the findings are based, and the examiner's opinion as to the	31537
defendant's capability of understanding the nature and objective	31538
of the proceedings against the defendant and of assisting in the	31539
defendant's defense. If, in the examiner's opinion, the defendant	31540
remains incapable of understanding the nature and objective of the	31541
proceedings against the defendant and of assisting in the	31542
defendant's defense and there is a substantial probability that	31543
the defendant will become capable of understanding the nature and	31544
objective of the proceedings against the defendant and of	31545
assisting in the defendant's defense if the defendant is provided	31546
with a course of treatment, if in the examiner's opinion the	31547
defendant remains mentally ill or mentally retarded, and if the	31548
maximum time for treatment as specified in division (C) of this	31549
section has not expired, the report also shall contain the	31550
examiner's recommendation as to the least restrictive placement or	31551
commitment alternative that is consistent with the defendant's	31552
treatment needs for restoration to competency and with the safety	31553
of the community. The court shall provide copies of the report to	31554
the prosecutor and defense counsel.	31555

(H) If a defendant is committed pursuant to division (B)(1)	31556
of this section, within ten days after the treating physician of	31557
the defendant or the examiner of the defendant who is employed or	31558
retained by the treating facility advises that there is not a	31559
substantial probability that the defendant will become capable of	31560
understanding the nature and objective of the proceedings against	31561
the defendant or of assisting in the defendant's defense even if	31562
the defendant is provided with a course of treatment, within ten	31563
days after the expiration of the maximum time for treatment as	31564
specified in division (C) of this section, within ten days after	31565
the expiration of the maximum time for continuing evaluation and	31566
treatment as specified in division (B)(1)(a) of this section,	31567
within thirty days after a defendant's request for a hearing that	31568
is made after six months of treatment, or within thirty days after	31569
being advised by the treating physician or examiner that the	31570
defendant is competent to stand trial, whichever is the earliest,	31571
the court shall conduct another hearing to determine if the	31572
defendant is competent to stand trial and shall do whichever of	31573
the following is applicable:	31574

(1) If the court finds that the defendant is competent to	31575
stand trial, the defendant shall be proceeded against as provided	31576
by law.	31577

(2) If the court finds that the defendant is incompetent to	31578
stand trial, but that there is a substantial probability that the	31579
defendant will become competent to stand trial if the defendant is	31580
provided with a course of treatment, and the maximum time for	31581
treatment as specified in division (C) of this section has not	31582
expired, the court, after consideration of the examiner's	31583
recommendation, shall order that treatment be continued, may	31584
change the facility or program at which the treatment is to be	31585
continued, and shall specify whether the treatment is to be	31586
continued at the same or a different facility or program.	31587

(3) If the court finds that the defendant is incompetent to	31588
stand trial, if the defendant is charged with an offense listed in	31589
division (C)(1) of this section, and if the court finds that there	31590
is not a substantial probability that the defendant will become	31591
competent to stand trial even if the defendant is provided with a	31592
course of treatment, or if the maximum time for treatment relative	31593
to that offense as specified in division (C) of this section has	31594
expired, further proceedings shall be as provided in sections	31595
2945.39, 2945.401, and 2945.402 of the Revised Code.	31596

(4) If the court finds that the defendant is incompetent to	31597
stand trial, if the most serious offense with which the defendant	31598
is charged is a misdemeanor or a felony other than a felony listed	31599
in division (C)(1) of this section, and if the court finds that	31600
there is not a substantial probability that the defendant will	31601
become competent to stand trial even if the defendant is provided	31602
with a course of treatment, or if the maximum time for treatment	31603
relative to that offense as specified in division (C) of this	31604
section has expired, the court shall dismiss the indictment,	31605
information, or complaint against the defendant. A dismissal under	31606
this division is not a bar to further prosecution based on the	31607
same conduct. The court shall discharge the defendant unless the	31608
court or prosecutor files an affidavit in probate court for civil	31609
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	31610
If an affidavit for civil commitment is filed, the court may	31611
detain the defendant for ten days pending civil commitment. All of	31612
the following provisions apply to persons charged with a	31613
misdemeanor or a felony other than a felony listed in division	31614
(C)(1) of this section who are committed by the probate court	31615
subsequent to the court's or prosecutor's filing of an affidavit	31616
for civil commitment under authority of this division:	31617

(a) The chief clinical officer of the entity, hospital, or	31618
facility, the managing officer of the institution, the director of	31619
the program, or the person to which the defendant is committed or	31620
admitted shall do all of the following:	31621

(i) Notify the prosecutor, in writing, of the discharge of	31622
the defendant, send the notice at least ten days prior to the	31623
discharge unless the discharge is by the probate court, and state	31624
in the notice the date on which the defendant will be discharged;	31625

(ii) Notify the prosecutor, in writing, when the defendant is	31626
absent without leave or is granted unsupervised, off-grounds	31627
movement, and send this notice promptly after the discovery of the	31628
absence without leave or prior to the granting of the	31629
unsupervised, off-grounds movement, whichever is applicable;	31630

(iii) Notify the prosecutor, in writing, of the change of the	31631
defendant's commitment or admission to voluntary status, send the	31632
notice promptly upon learning of the change to voluntary status,	31633
and state in the notice the date on which the defendant was	31634
committed or admitted on a voluntary status.	31635

(b) Upon receiving notice that the defendant will be granted	31636
unsupervised, off-grounds movement, the prosecutor either shall	31637
re-indict the defendant or promptly notify the court that the	31638
prosecutor does not intend to prosecute the charges against the	31639
defendant.	31640

(I) If a defendant is convicted of a crime and sentenced to a	31641
jail or workhouse, the defendant's sentence shall be reduced by	31642
the total number of days the defendant is confined for evaluation	31643
to determine the defendant's competence to stand trial or	31644
treatment under this section and sections 2945.37 and 2945.371 of	31645
the Revised Code or by the total number of days the defendant is	31646
confined for evaluation to determine the defendant's mental	31647
condition at the time of the offense charged.	31648

Sec. 2945.39. (A) If a defendant who is charged with an	31649
offense described in division (C)(1) of section 2945.38 of the	31650
Revised Code is found incompetent to stand trial, after the	31651
expiration of the maximum time for treatment as specified in	31652
division (C) of that section or after the court finds that there	31653
is not a substantial probability that the defendant will become	31654
competent to stand trial even if the defendant is provided with a	31655
course of treatment, one of the following applies:	31656

(1) The court or the prosecutor may file an affidavit in	31657
probate court for civil commitment of the defendant in the manner	31658
provided in Chapter 5122. or 5123. of the Revised Code. If the	31659
court or prosecutor files an affidavit for civil commitment, the	31660
court may detain the defendant for ten days pending civil	31661
commitment. If the probate court commits the defendant subsequent	31662
to the court's or prosecutor's filing of an affidavit for civil	31663
commitment, the chief clinical officer of the entity, hospital, or	31664
facility, the managing officer of the institution, the director of	31665
the program, or the person to which the defendant is committed or	31666
admitted shall send to the prosecutor the notices described in	31667
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	31668
Code within the periods of time and under the circumstances	31669
specified in those divisions.	31670

(2) On the motion of the prosecutor or on its own motion, the	31671
court may retain jurisdiction over the defendant if, at a hearing,	31672
the court finds both of the following by clear and convincing	31673
evidence:	31674

(a) The defendant committed the offense with which the	31675
defendant is charged.	31676

(b) The defendant is a mentally ill person subject to	31677
hospitalization by court order or a mentally retarded person	31678
subject to institutionalization by court order.	31679

(B) In making its determination under division (A)(2) of this	31680
section as to whether to retain jurisdiction over the defendant,	31681
the court may consider all relevant evidence, including, but not	31682
limited to, any relevant psychiatric, psychological, or medical	31683
testimony or reports, the acts constituting the offense charged,	31684
and any history of the defendant that is relevant to the	31685
defendant's ability to conform to the law.	31686

(C) If the court conducts a hearing as described in division	31687
(A)(2) of this section and if the court does not make both	31688
findings described in divisions (A)(2)(a) and (b) of this section	31689
by clear and convincing evidence, the court shall dismiss the	31690
indictment, information, or complaint against the defendant. Upon	31691
the dismissal, the court shall discharge the defendant unless the	31692
court or prosecutor files an affidavit in probate court for civil	31693
commitment of the defendant pursuant to Chapter 5122. or 5123. of	31694
the Revised Code. If the court or prosecutor files an affidavit	31695
for civil commitment, the court may order that the defendant be	31696
detained for up to ten days pending the civil commitment. If the	31697
probate court commits the defendant subsequent to the court's or	31698
prosecutor's filing of an affidavit for civil commitment, the	31699
chief clinical officer of the entity, hospital, or facility, the	31700
managing officer of the institution, the director of the program,	31701
or the person to which the defendant is committed or admitted	31702
shall send to the prosecutor the notices described in divisions	31703
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	31704
within the periods of time and under the circumstances specified	31705
in those divisions. A dismissal of charges under this division is	31706
not a bar to further criminal proceedings based on the same	31707
conduct.	31708

(D)(1) If the court conducts a hearing as described in	31709
division (A)(2) of this section and if the court makes the	31710
findings described in divisions (A)(2)(a) and (b) of this section	31711
by clear and convincing evidence, the court shall commit the	31712
defendant, if determined to require mental health treatment,	31713
either to the department of ~~mental health~~mental health and	31714
addiction services for treatment at a hospital, facility, or	31715
agency as determined clinically appropriate by the department of	31716
~~mental health~~mental health and addiction services or to another	31717
medical or psychiatric facility, as appropriate. Prior to placing	31718
the defendant, the department of ~~mental health~~mental health and	31719
addiction services shall obtain court approval for that placement.	31720
If the court conducts such a hearing and if it makes those	31721
findings by clear and convincing evidence, the court shall commit	31722
the defendant, if determined to require treatment for mental	31723
retardation, to a facility operated by the department of	31724
developmental disabilities, or another facility, as appropriate.	31725
In determining the place of commitment, the court shall consider	31726
the extent to which the person is a danger to the person and to	31727
others, the need for security, and the type of crime involved and	31728
shall order the least restrictive alternative available that is	31729
consistent with public safety and the welfare of the defendant. In	31730
weighing these factors, the court shall give preference to	31731
protecting public safety.	31732

(2) If a court makes a commitment of a defendant under	31733
division (D)(1) of this section, the prosecutor shall send to the	31734
hospital, facility, or agency where the defendant is placed by the	31735
department of ~~mental health~~mental health and addiction services	31736
or to the defendant's place of commitment all reports of the	31737
defendant's current mental condition and, except as otherwise	31738
provided in this division, any other relevant information,	31739
including, but not limited to, a transcript of the hearing held	31740
pursuant to division (A)(2) of this section, copies of relevant	31741
police reports, and copies of any prior arrest and conviction	31742
records that pertain to the defendant and that the prosecutor	31743
possesses. The prosecutor shall send the reports of the	31744
defendant's current mental condition in every case of commitment,	31745
and, unless the prosecutor determines that the release of any of	31746
the other relevant information to unauthorized persons would	31747
interfere with the effective prosecution of any person or would	31748
create a substantial risk of harm to any person, the prosecutor	31749
also shall send the other relevant information. Upon admission of	31750
a defendant committed under division (D)(1) of this section, the	31751
place of commitment shall send to the board of alcohol, drug	31752
addiction, and mental health services or the community mental	31753
health board serving the county in which the charges against the	31754
defendant were filed a copy of all reports of the defendant's	31755
current mental condition and a copy of the other relevant	31756
information provided by the prosecutor under this division,	31757
including, if provided, a transcript of the hearing held pursuant	31758
to division (A)(2) of this section, the relevant police reports,	31759
and the prior arrest and conviction records that pertain to the	31760
defendant and that the prosecutor possesses.	31761

(3) If a court makes a commitment under division (D)(1) of	31762
this section, all further proceedings shall be in accordance with	31763
sections 2945.401 and 2945.402 of the Revised Code.	31764

Sec. 2945.40. (A) If a person is found not guilty by reason	31765
of insanity, the verdict shall state that finding, and the trial	31766
court shall conduct a full hearing to determine whether the person	31767
is a mentally ill person subject to hospitalization by court order	31768
or a mentally retarded person subject to institutionalization by	31769
court order. Prior to the hearing, if the trial judge believes	31770
that there is probable cause that the person found not guilty by	31771
reason of insanity is a mentally ill person subject to	31772
hospitalization by court order or mentally retarded person subject	31773
to institutionalization by court order, the trial judge may issue	31774
a temporary order of detention for that person to remain in effect	31775
for ten court days or until the hearing, whichever occurs first.	31776

Any person detained pursuant to a temporary order of	31777
detention issued under this division shall be held in a suitable	31778
facility, taking into consideration the place and type of	31779
confinement prior to and during trial.	31780

(B) The court shall hold the hearing under division (A) of	31781
this section to determine whether the person found not guilty by	31782
reason of insanity is a mentally ill person subject to	31783
hospitalization by court order or a mentally retarded person	31784
subject to institutionalization by court order within ten court	31785
days after the finding of not guilty by reason of insanity.	31786
Failure to conduct the hearing within the ten-day period shall	31787
cause the immediate discharge of the respondent, unless the judge	31788
grants a continuance for not longer than ten court days for good	31789
cause shown or for any period of time upon motion of the	31790
respondent.	31791

(C) If a person is found not guilty by reason of insanity,	31792
the person has the right to attend all hearings conducted pursuant	31793
to sections 2945.37 to 2945.402 of the Revised Code. At any	31794
hearing conducted pursuant to one of those sections, the court	31795
shall inform the person that the person has all of the following	31796
rights:	31797

(1) The right to be represented by counsel and to have that	31798
counsel provided at public expense if the person is indigent, with	31799
the counsel to be appointed by the court under Chapter 120. of the	31800
Revised Code or under the authority recognized in division (C) of	31801
section 120.06, division (E) of section 120.16, division (E) of	31802
section 120.26, or section 2941.51 of the Revised Code;	31803

(2) The right to have independent expert evaluation and to	31804
have that independent expert evaluation provided at public expense	31805
if the person is indigent;	31806

(3) The right to subpoena witnesses and documents, to present	31807
evidence on the person's behalf, and to cross-examine witnesses	31808
against the person;	31809

(4) The right to testify in the person's own behalf and to	31810
not be compelled to testify;	31811

(5) The right to have copies of any relevant medical or	31812
mental health document in the custody of the state or of any place	31813
of commitment other than a document for which the court finds that	31814
the release to the person of information contained in the document	31815
would create a substantial risk of harm to any person.	31816

(D) The hearing under division (A) of this section shall be	31817
open to the public, and the court shall conduct the hearing in	31818
accordance with the Rules of Civil Procedure. The court shall make	31819
and maintain a full transcript and record of the hearing	31820
proceedings. The court may consider all relevant evidence,	31821
including, but not limited to, any relevant psychiatric,	31822
psychological, or medical testimony or reports, the acts	31823
constituting the offense in relation to which the person was found	31824
not guilty by reason of insanity, and any history of the person	31825
that is relevant to the person's ability to conform to the law.	31826

(E) Upon completion of the hearing under division (A) of this	31827
section, if the court finds there is not clear and convincing	31828
evidence that the person is a mentally ill person subject to	31829
hospitalization by court order or a mentally retarded person	31830
subject to institutionalization by court order, the court shall	31831
discharge the person, unless a detainer has been placed upon the	31832
person by the department of rehabilitation and correction, in	31833
which case the person shall be returned to that department.	31834

(F) If, at the hearing under division (A) of this section,	31835
the court finds by clear and convincing evidence that the person	31836
is a mentally ill person subject to hospitalization by court	31837
order, the court shall commit the person either to the department	31838
of ~~mental health~~mental health and addiction services for	31839
treatment in a hospital, facility, or agency as determined	31840
clinically appropriate by the department of ~~mental health~~mental	31841
health and addiction services or to another medical or psychiatric	31842
facility, as appropriate. Prior to placing the defendant, the	31843
department of ~~mental health~~mental health and addiction services	31844
shall obtain court approval for that placement. If, at the hearing	31845
under division (A) of this section, the court determines by clear	31846
and convincing evidence that the person requires treatment for	31847
mental retardation, it shall commit the person to a facility	31848
operated by the department of developmental disabilities or	31849
another facility, as appropriate. Further proceedings shall be in	31850
accordance with sections 2945.401 and 2945.402 of the Revised	31851
Code. In determining the place of commitment, the court shall	31852
consider the extent to which the person is a danger to the person	31853
and to others, the need for security, and the type of crime	31854
involved and shall order the least restrictive alternative	31855
available that is consistent with public safety and the welfare of	31856
the person. In weighing these factors, the court shall give	31857
preference to protecting public safety.	31858

(G) If a court makes a commitment of a person under division	31859
(F) of this section, the prosecutor shall send to the hospital,	31860
facility, or agency where the person is placed by the department	31861
of ~~mental health~~mental health and addiction services or to the	31862
defendant's place of commitment all reports of the person's	31863
current mental condition, and, except as otherwise provided in	31864
this division, any other relevant information, including, but not	31865
limited to, a transcript of the hearing held pursuant to division	31866
(A) of this section, copies of relevant police reports, and copies	31867
of any prior arrest and conviction records that pertain to the	31868
person and that the prosecutor possesses. The prosecutor shall	31869
send the reports of the person's current mental condition in every	31870
case of commitment, and, unless the prosecutor determines that the	31871
release of any of the other relevant information to unauthorized	31872
persons would interfere with the effective prosecution of any	31873
person or would create a substantial risk of harm to any person,	31874
the prosecutor also shall send the other relevant information.	31875
Upon admission of a person committed under division (F) of this	31876
section, the place of commitment shall send to the board of	31877
alcohol, drug addiction, and mental health services or the	31878
community mental health board serving the county in which the	31879
charges against the person were filed a copy of all reports of the	31880
person's current mental condition and a copy of the other relevant	31881
information provided by the prosecutor under this division,	31882
including, if provided, a transcript of the hearing held pursuant	31883
to division (A) of this section, the relevant police reports, and	31884
the prior arrest and conviction records that pertain to the person	31885
and that the prosecutor possesses.	31886

(H) A person who is committed pursuant to this section shall	31887
not voluntarily admit the person or be voluntarily admitted to a	31888
hospital or institution pursuant to section 5122.02, 5122.15,	31889
5123.69, or 5123.76 of the Revised Code.	31890

Sec. 2945.401. (A) A defendant found incompetent to stand	31891
trial and committed pursuant to section 2945.39 of the Revised	31892
Code or a person found not guilty by reason of insanity and	31893
committed pursuant to section 2945.40 of the Revised Code shall	31894
remain subject to the jurisdiction of the trial court pursuant to	31895
that commitment, and to the provisions of this section, until the	31896
final termination of the commitment as described in division	31897
(J)(1) of this section. If the jurisdiction is terminated under	31898
this division because of the final termination of the commitment	31899
resulting from the expiration of the maximum prison term or term	31900
of imprisonment described in division (J)(1)(b) of this section,	31901
the court or prosecutor may file an affidavit for the civil	31902
commitment of the defendant or person pursuant to Chapter 5122. or	31903
5123. of the Revised Code.	31904

(B) A hearing conducted under any provision of sections	31905
2945.37 to 2945.402 of the Revised Code shall not be conducted in	31906
accordance with Chapters 5122. and 5123. of the Revised Code. Any	31907
person who is committed pursuant to section 2945.39 or 2945.40 of	31908
the Revised Code shall not voluntarily admit the person or be	31909
voluntarily admitted to a hospital or institution pursuant to	31910
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	31911
All other provisions of Chapters 5122. and 5123. of the Revised	31912
Code regarding hospitalization or institutionalization shall apply	31913
to the extent they are not in conflict with this chapter. A	31914
commitment under section 2945.39 or 2945.40 of the Revised Code	31915
shall not be terminated and the conditions of the commitment shall	31916
not be changed except as otherwise provided in division (D)(2) of	31917
this section with respect to a mentally retarded person subject to	31918
institutionalization by court order or except by order of the	31919
trial court.	31920

(C) The department of ~~mental health~~mental health and	31921
addiction services or the institution, facility, or program to	31922
which a defendant or person has been committed under section	31923
2945.39 or 2945.40 of the Revised Code shall report in writing to	31924
the trial court, at the times specified in this division, as to	31925
whether the defendant or person remains a mentally ill person	31926
subject to hospitalization by court order or a mentally retarded	31927
person subject to institutionalization by court order and, in the	31928
case of a defendant committed under section 2945.39 of the Revised	31929
Code, as to whether the defendant remains incompetent to stand	31930
trial. The department, institution, facility, or program shall	31931
make the reports after the initial six months of treatment and	31932
every two years after the initial report is made. The trial court	31933
shall provide copies of the reports to the prosecutor and to the	31934
counsel for the defendant or person. Within thirty days after its	31935
receipt pursuant to this division of a report from the department,	31936
institution, facility, or program, the trial court shall hold a	31937
hearing on the continued commitment of the defendant or person or	31938
on any changes in the conditions of the commitment of the	31939
defendant or person. The defendant or person may request a change	31940
in the conditions of confinement, and the trial court shall	31941
conduct a hearing on that request if six months or more have	31942
elapsed since the most recent hearing was conducted under this	31943
section.	31944

(D)(1) Except as otherwise provided in division (D)(2) of	31945
this section, when a defendant or person has been committed under	31946
section 2945.39 or 2945.40 of the Revised Code, at any time after	31947
evaluating the risks to public safety and the welfare of the	31948
defendant or person, the designee of the department of ~~mental~~	31949
~~health~~mental health and addiction services or the managing	31950
officer of the institution or director of the facility or program	31951
to which the defendant or person is committed may recommend a	31952
termination of the defendant's or person's commitment or a change	31953
in the conditions of the defendant's or person's commitment.	31954

Except as otherwise provided in division (D)(2) of this	31955
section, if the designee of the department of ~~mental health~~mental	31956
health and addiction services recommends on-grounds unsupervised	31957
movement, off-grounds supervised movement, or nonsecured status	31958
for the defendant or person or termination of the defendant's or	31959
person's commitment, the following provisions apply:	31960

(a) If the department's designee recommends on-grounds	31961
unsupervised movement or off-grounds supervised movement, the	31962
department's designee shall file with the trial court an	31963
application for approval of the movement and shall send a copy of	31964
the application to the prosecutor. Within fifteen days after	31965
receiving the application, the prosecutor may request a hearing on	31966
the application and, if a hearing is requested, shall so inform	31967
the department's designee. If the prosecutor does not request a	31968
hearing within the fifteen-day period, the trial court shall	31969
approve the application by entering its order approving the	31970
requested movement or, within five days after the expiration of	31971
the fifteen-day period, shall set a date for a hearing on the	31972
application. If the prosecutor requests a hearing on the	31973
application within the fifteen-day period, the trial court shall	31974
hold a hearing on the application within thirty days after the	31975
hearing is requested. If the trial court, within five days after	31976
the expiration of the fifteen-day period, sets a date for a	31977
hearing on the application, the trial court shall hold the hearing	31978
within thirty days after setting the hearing date. At least	31979
fifteen days before any hearing is held under this division, the	31980
trial court shall give the prosecutor written notice of the date,	31981
time, and place of the hearing. At the conclusion of each hearing	31982
conducted under this division, the trial court either shall	31983
approve or disapprove the application and shall enter its order	31984
accordingly.	31985

(b) If the department's designee recommends termination of	31986
the defendant's or person's commitment at any time or if the	31987
department's designee recommends the first of any nonsecured	31988
status for the defendant or person, the department's designee	31989
shall send written notice of this recommendation to the trial	31990
court and to the local forensic center. The local forensic center	31991
shall evaluate the committed defendant or person and, within	31992
thirty days after its receipt of the written notice, shall submit	31993
to the trial court and the department's designee a written report	31994
of the evaluation. The trial court shall provide a copy of the	31995
department's designee's written notice and of the local forensic	31996
center's written report to the prosecutor and to the counsel for	31997
the defendant or person. Upon the local forensic center's	31998
submission of the report to the trial court and the department's	31999
designee, all of the following apply:	32000

(i) If the forensic center disagrees with the recommendation	32001
of the department's designee, it shall inform the department's	32002
designee and the trial court of its decision and the reasons for	32003
the decision. The department's designee, after consideration of	32004
the forensic center's decision, shall either withdraw, proceed	32005
with, or modify and proceed with the recommendation. If the	32006
department's designee proceeds with, or modifies and proceeds	32007
with, the recommendation, the department's designee shall proceed	32008
in accordance with division (D)(1)(b)(iii) of this section.	32009

(ii) If the forensic center agrees with the recommendation of	32010
the department's designee, it shall inform the department's	32011
designee and the trial court of its decision and the reasons for	32012
the decision, and the department's designee shall proceed in	32013
accordance with division (D)(1)(b)(iii) of this section.	32014

(iii) If the forensic center disagrees with the	32015
recommendation of the department's designee and the department's	32016
designee proceeds with, or modifies and proceeds with, the	32017
recommendation or if the forensic center agrees with the	32018
recommendation of the department's designee, the department's	32019
designee shall work with community mental health agencies,	32020
programs, facilities, or boards of alcohol, drug addiction, and	32021
mental health services or community mental health boards to	32022
develop a plan to implement the recommendation. If the defendant	32023
or person is on medication, the plan shall include, but shall not	32024
be limited to, a system to monitor the defendant's or person's	32025
compliance with the prescribed medication treatment plan. The	32026
system shall include a schedule that clearly states when the	32027
defendant or person shall report for a medication compliance	32028
check. The medication compliance checks shall be based upon the	32029
effective duration of the prescribed medication, taking into	32030
account the route by which it is taken, and shall be scheduled at	32031
intervals sufficiently close together to detect a potential	32032
increase in mental illness symptoms that the medication is	32033
intended to prevent.	32034

The department's designee, after consultation with the board	32035
of alcohol, drug addiction, and mental health services or the	32036
community mental health board serving the area, shall send the	32037
recommendation and plan developed under division (D)(1)(b)(iii) of	32038
this section, in writing, to the trial court, the prosecutor, and	32039
the counsel for the committed defendant or person. The trial court	32040
shall conduct a hearing on the recommendation and plan developed	32041
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	32042
and (d) and (E) to (J) of this section apply regarding the	32043
hearing.	32044

(c) If the department's designee's recommendation is for	32045
nonsecured status or termination of commitment, the prosecutor may	32046
obtain an independent expert evaluation of the defendant's or	32047
person's mental condition, and the trial court may continue the	32048
hearing on the recommendation for a period of not more than thirty	32049
days to permit time for the evaluation.	32050

The prosecutor may introduce the evaluation report or present	32051
other evidence at the hearing in accordance with the Rules of	32052
Evidence.	32053

(d) The trial court shall schedule the hearing on a	32054
department's designee's recommendation for nonsecured status or	32055
termination of commitment and shall give reasonable notice to the	32056
prosecutor and the counsel for the defendant or person. Unless	32057
continued for independent evaluation at the prosecutor's request	32058
or for other good cause, the hearing shall be held within thirty	32059
days after the trial court's receipt of the recommendation and	32060
plan.	32061

(2)(a) Division (D)(1) of this section does not apply to	32062
on-grounds unsupervised movement of a defendant or person who has	32063
been committed under section 2945.39 or 2945.40 of the Revised	32064
Code, who is a mentally retarded person subject to	32065
institutionalization by court order, and who is being provided	32066
residential habilitation, care, and treatment in a facility	32067
operated by the department of developmental disabilities.	32068

(b) If, pursuant to section 2945.39 of the Revised Code, the	32069
trial court commits a defendant who is found incompetent to stand	32070
trial and who is a mentally retarded person subject to	32071
institutionalization by court order, if the defendant is being	32072
provided residential habilitation, care, and treatment in a	32073
facility operated by the department of developmental disabilities,	32074
if an individual who is conducting a survey for the department of	32075
health to determine the facility's compliance with the	32076
certification requirements of the medicaid program ~~under Chapter~~	32077
~~5111. of the Revised Code and Title XIX of the "Social Security~~	32078
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ cites the	32079
defendant's receipt of the residential habilitation, care, and	32080
treatment in the facility as being inappropriate under the	32081
certification requirements, if the defendant's receipt of the	32082
residential habilitation, care, and treatment in the facility	32083
potentially jeopardizes the facility's continued receipt of	32084
federal medicaid moneys, and if as a result of the citation the	32085
chief clinical officer of the facility determines that the	32086
conditions of the defendant's commitment should be changed, the	32087
department of developmental disabilities may cause the defendant	32088
to be removed from the particular facility and, after evaluating	32089
the risks to public safety and the welfare of the defendant and	32090
after determining whether another type of placement is consistent	32091
with the certification requirements, may place the defendant in	32092
another facility that the department selects as an appropriate	32093
facility for the defendant's continued receipt of residential	32094
habilitation, care, and treatment and that is a no less secure	32095
setting than the facility in which the defendant had been placed	32096
at the time of the citation. Within three days after the	32097
defendant's removal and alternative placement under the	32098
circumstances described in division (D)(2)(b) of this section, the	32099
department of developmental disabilities shall notify the trial	32100
court and the prosecutor in writing of the removal and alternative	32101
placement.	32102

The trial court shall set a date for a hearing on the removal	32103
and alternative placement, and the hearing shall be held within	32104
twenty-one days after the trial court's receipt of the notice from	32105
the department of developmental disabilities. At least ten days	32106
before the hearing is held, the trial court shall give the	32107
prosecutor, the department of developmental disabilities, and the	32108
counsel for the defendant written notice of the date, time, and	32109
place of the hearing. At the hearing, the trial court shall	32110
consider the citation issued by the individual who conducted the	32111
survey for the department of health to be prima-facie evidence of	32112
the fact that the defendant's commitment to the particular	32113
facility was inappropriate under the certification requirements of	32114
the medicaid program ~~under Chapter 5111. of the Revised Code and~~	32115
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	32116
~~U.S.C.A. 301, as amended,~~ and potentially jeopardizes the	32117
particular facility's continued receipt of federal medicaid	32118
moneys. At the conclusion of the hearing, the trial court may	32119
approve or disapprove the defendant's removal and alternative	32120
placement. If the trial court approves the defendant's removal and	32121
alternative placement, the department of developmental	32122
disabilities may continue the defendant's alternative placement.	32123
If the trial court disapproves the defendant's removal and	32124
alternative placement, it shall enter an order modifying the	32125
defendant's removal and alternative placement, but that order	32126
shall not require the department of developmental disabilities to	32127
replace the defendant for purposes of continued residential	32128
habilitation, care, and treatment in the facility associated with	32129
the citation issued by the individual who conducted the survey for	32130
the department of health.	32131

(E) In making a determination under this section regarding	32132
nonsecured status or termination of commitment, the trial court	32133
shall consider all relevant factors, including, but not limited	32134
to, all of the following:	32135

(1) Whether, in the trial court's view, the defendant or	32136
person currently represents a substantial risk of physical harm to	32137
the defendant or person or others;	32138

(2) Psychiatric and medical testimony as to the current	32139
mental and physical condition of the defendant or person;	32140

(3) Whether the defendant or person has insight into the	32141
defendant's or person's condition so that the defendant or person	32142
will continue treatment as prescribed or seek professional	32143
assistance as needed;	32144

(4) The grounds upon which the state relies for the proposed	32145
commitment;	32146

(5) Any past history that is relevant to establish the	32147
defendant's or person's degree of conformity to the laws, rules,	32148
regulations, and values of society;	32149

(6) If there is evidence that the defendant's or person's	32150
mental illness is in a state of remission, the medically suggested	32151
cause and degree of the remission and the probability that the	32152
defendant or person will continue treatment to maintain the	32153
remissive state of the defendant's or person's illness should the	32154
defendant's or person's commitment conditions be altered.	32155

(F) At any hearing held pursuant to division (C) or (D)(1) or	32156
(2) of this section, the defendant or the person shall have all	32157
the rights of a defendant or person at a commitment hearing as	32158
described in section 2945.40 of the Revised Code.	32159

(G) In a hearing held pursuant to division (C) or (D)(1) of	32160
this section, the prosecutor has the burden of proof as follows:	32161

(1) For a recommendation of termination of commitment, to	32162
show by clear and convincing evidence that the defendant or person	32163
remains a mentally ill person subject to hospitalization by court	32164
order or a mentally retarded person subject to	32165
institutionalization by court order;	32166

(2) For a recommendation for a change in the conditions of	32167
the commitment to a less restrictive status, to show by clear and	32168
convincing evidence that the proposed change represents a threat	32169
to public safety or a threat to the safety of any person.	32170

(H) In a hearing held pursuant to division (C) or (D)(1) or	32171
(2) of this section, the prosecutor shall represent the state or	32172
the public interest.	32173

(I) At the conclusion of a hearing conducted under division	32174
(D)(1) of this section regarding a recommendation from the	32175
designee of the department of ~~mental health~~mental health and	32176
addiction services, managing officer of the institution, or	32177
director of a facility or program, the trial court may approve,	32178
disapprove, or modify the recommendation and shall enter an order	32179
accordingly.	32180

(J)(1) A defendant or person who has been committed pursuant	32181
to section 2945.39 or 2945.40 of the Revised Code continues to be	32182
under the jurisdiction of the trial court until the final	32183
termination of the commitment. For purposes of division (J) of	32184
this section, the final termination of a commitment occurs upon	32185
the earlier of one of the following:	32186

(a) The defendant or person no longer is a mentally ill	32187
person subject to hospitalization by court order or a mentally	32188
retarded person subject to institutionalization by court order, as	32189
determined by the trial court;	32190

(b) The expiration of the maximum prison term or term of	32191
imprisonment that the defendant or person could have received if	32192
the defendant or person had been convicted of the most serious	32193
offense with which the defendant or person is charged or in	32194
relation to which the defendant or person was found not guilty by	32195
reason of insanity;	32196

(c) The trial court enters an order terminating the	32197
commitment under the circumstances described in division	32198
(J)(2)(a)(ii) of this section.	32199

(2)(a) If a defendant is found incompetent to stand trial and	32200
committed pursuant to section 2945.39 of the Revised Code, if	32201
neither of the circumstances described in divisions (J)(1)(a) and	32202
(b) of this section applies to that defendant, and if a report	32203
filed with the trial court pursuant to division (C) of this	32204
section indicates that the defendant presently is competent to	32205
stand trial or if, at any other time during the period of the	32206
defendant's commitment, the prosecutor, the counsel for the	32207
defendant, or the designee of the department of ~~mental health~~	32208
mental health and addiction services or the managing officer of	32209
the institution or director of the facility or program to which	32210
the defendant is committed files an application with the trial	32211
court alleging that the defendant presently is competent to stand	32212
trial and requesting a hearing on the competency issue or the	32213
trial court otherwise has reasonable cause to believe that the	32214
defendant presently is competent to stand trial and determines on	32215
its own motion to hold a hearing on the competency issue, the	32216
trial court shall schedule a hearing on the competency of the	32217
defendant to stand trial, shall give the prosecutor, the counsel	32218
for the defendant, and the department's designee or the managing	32219
officer of the institution or the director of the facility to	32220
which the defendant is committed notice of the date, time, and	32221
place of the hearing at least fifteen days before the hearing, and	32222
shall conduct the hearing within thirty days of the filing of the	32223
application or of its own motion. If, at the conclusion of the	32224
hearing, the trial court determines that the defendant presently	32225
is capable of understanding the nature and objective of the	32226
proceedings against the defendant and of assisting in the	32227
defendant's defense, the trial court shall order that the	32228
defendant is competent to stand trial and shall be proceeded	32229
against as provided by law with respect to the applicable offenses	32230
described in division (C)(1) of section 2945.38 of the Revised	32231
Code and shall enter whichever of the following additional orders	32232
is appropriate:	32233

(i) If the trial court determines that the defendant remains	32234
a mentally ill person subject to hospitalization by court order or	32235
a mentally retarded person subject to institutionalization by	32236
court order, the trial court shall order that the defendant's	32237
commitment to the department of ~~mental health~~mental health and	32238
addiction services or to an institution, facility, or program for	32239
the treatment of mental retardation be continued during the	32240
pendency of the trial on the applicable offenses described in	32241
division (C)(1) of section 2945.38 of the Revised Code.	32242

(ii) If the trial court determines that the defendant no	32243
longer is a mentally ill person subject to hospitalization by	32244
court order or a mentally retarded person subject to	32245
institutionalization by court order, the trial court shall order	32246
that the defendant's commitment to the department of ~~mental health~~	32247
mental health and addiction services or to an institution,	32248
facility, or program for the treatment of mental retardation shall	32249
not be continued during the pendency of the trial on the	32250
applicable offenses described in division (C)(1) of section	32251
2945.38 of the Revised Code. This order shall be a final	32252
termination of the commitment for purposes of division (J)(1)(c)	32253
of this section.	32254

(b) If, at the conclusion of the hearing described in	32255
division (J)(2)(a) of this section, the trial court determines	32256
that the defendant remains incapable of understanding the nature	32257
and objective of the proceedings against the defendant or of	32258
assisting in the defendant's defense, the trial court shall order	32259
that the defendant continues to be incompetent to stand trial,	32260
that the defendant's commitment to the department of ~~mental health~~	32261
mental health and addiction services or to an institution,	32262
facility, or program for the treatment of mental retardation shall	32263
be continued, and that the defendant remains subject to the	32264
jurisdiction of the trial court pursuant to that commitment, and	32265
to the provisions of this section, until the final termination of	32266
the commitment as described in division (J)(1) of this section.	32267

Sec. 2951.041. (A)(1) If an offender is charged with a	32268
criminal offense, including but not limited to a violation of	32269
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	32270
the Revised Code, and the court has reason to believe that drug or	32271
alcohol usage by the offender was a factor leading to the criminal	32272
offense with which the offender is charged or that, at the time of	32273
committing that offense, the offender had a mental illness or was	32274
a person with intellectual disability and that the mental illness	32275
or status as a person with intellectual disability was a factor	32276
leading to the offender's criminal behavior, the court may accept,	32277
prior to the entry of a guilty plea, the offender's request for	32278
intervention in lieu of conviction. The request shall include a	32279
statement from the offender as to whether the offender is alleging	32280
that drug or alcohol usage by the offender was a factor leading to	32281
the criminal offense with which the offender is charged or is	32282
alleging that, at the time of committing that offense, the	32283
offender had a mental illness or was a person with intellectual	32284
disability and that the mental illness or status as a person with	32285
intellectual disability was a factor leading to the criminal	32286
offense with which the offender is charged. The request also shall	32287
include a waiver of the defendant's right to a speedy trial, the	32288
preliminary hearing, the time period within which the grand jury	32289
may consider an indictment against the offender, and arraignment,	32290
unless the hearing, indictment, or arraignment has already	32291
occurred. The court may reject an offender's request without a	32292
hearing. If the court elects to consider an offender's request,	32293
the court shall conduct a hearing to determine whether the	32294
offender is eligible under this section for intervention in lieu	32295
of conviction and shall stay all criminal proceedings pending the	32296
outcome of the hearing. If the court schedules a hearing, the	32297
court shall order an assessment of the offender for the purpose of	32298
determining the offender's eligibility for intervention in lieu of	32299
conviction and recommending an appropriate intervention plan.	32300

If the offender alleges that drug or alcohol usage by the	32301
offender was a factor leading to the criminal offense with which	32302
the offender is charged, the court may order that the offender be	32303
assessed by ~~a program~~an addiction services provider certified	32304
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	32305
properly credentialed professional for the purpose of determining	32306
the offender's eligibility for intervention in lieu of conviction	32307
and recommending an appropriate intervention plan. The ~~program~~	32308
addiction services provider or the properly credentialed	32309
professional shall provide a written assessment of the offender to	32310
the court.	32311

(2) The victim notification provisions of division (C) of	32312
section 2930.08 of the Revised Code apply in relation to any	32313
hearing held under division (A)(1) of this section.	32314

(B) An offender is eligible for intervention in lieu of	32315
conviction if the court finds all of the following:	32316

(1) The offender previously has not been convicted of or	32317
pleaded guilty to a felony offense of violence or previously has	32318
been convicted of or pleaded guilty to any felony that is not an	32319
offense of violence and the prosecuting attorney recommends that	32320
the offender be found eligible for participation in intervention	32321
in lieu of treatment under this section, previously has not been	32322
through intervention in lieu of conviction under this section or	32323
any similar regimen, and is charged with a felony for which the	32324
court, upon conviction, would impose a community control sanction	32325
on the offender under division (B)(2) of section 2929.13 of the	32326
Revised Code or with a misdemeanor.	32327

(2) The offense is not a felony of the first, second, or	32328
third degree, is not an offense of violence, is not a violation of	32329
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	32330
not a violation of division (A)(1) of section 2903.08 of the	32331
Revised Code, is not a violation of division (A) of section	32332
4511.19 of the Revised Code or a municipal ordinance that is	32333
substantially similar to that division, and is not an offense for	32334
which a sentencing court is required to impose a mandatory prison	32335
term, a mandatory term of local incarceration, or a mandatory term	32336
of imprisonment in a jail.	32337

(3) The offender is not charged with a violation of section	32338
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	32339
with a violation of section 2925.03 of the Revised Code that is a	32340
felony of the first, second, third, or fourth degree, and is not	32341
charged with a violation of section 2925.11 of the Revised Code	32342
that is a felony of the first, second, or third degree.	32343

(4) If an offender alleges that drug or alcohol usage by the	32344
offender was a factor leading to the criminal offense with which	32345
the offender is charged, the court has ordered that the offender	32346
be assessed by ~~a program~~an addiction services provider certified	32347
pursuant to section ~~3793.06~~5119.36 of the Revised Code or a	32348
properly credentialed professional for the purpose of determining	32349
the offender's eligibility for intervention in lieu of conviction	32350
and recommending an appropriate intervention plan, the offender	32351
has been assessed by ~~a program~~an addiction services provider of	32352
that nature or a properly credentialed professional in accordance	32353
with the court's order, and the ~~program~~addiction services	32354
provider or properly credentialed professional has filed the	32355
written assessment of the offender with the court.	32356

(5) If an offender alleges that, at the time of committing	32357
the criminal offense with which the offender is charged, the	32358
offender had a mental illness or was a person with intellectual	32359
disability and that the mental illness or status as a person with	32360
intellectual disability was a factor leading to that offense, the	32361
offender has been assessed by a psychiatrist, psychologist,	32362
independent social worker, or professional clinical counselor for	32363
the purpose of determining the offender's eligibility for	32364
intervention in lieu of conviction and recommending an appropriate	32365
intervention plan.	32366

(6) The offender's drug usage, alcohol usage, mental illness,	32367
or intellectual disability, whichever is applicable, was a factor	32368
leading to the criminal offense with which the offender is	32369
charged, intervention in lieu of conviction would not demean the	32370
seriousness of the offense, and intervention would substantially	32371
reduce the likelihood of any future criminal activity.	32372

(7) The alleged victim of the offense was not sixty-five	32373
years of age or older, permanently and totally disabled, under	32374
thirteen years of age, or a peace officer engaged in the officer's	32375
official duties at the time of the alleged offense.	32376

(8) If the offender is charged with a violation of section	32377
2925.24 of the Revised Code, the alleged violation did not result	32378
in physical harm to any person, and the offender previously has	32379
not been treated for drug abuse.	32380

(9) The offender is willing to comply with all terms and	32381
conditions imposed by the court pursuant to division (D) of this	32382
section.	32383

(10) The offender is not charged with an offense that would	32384
result in the offender being disqualified under Chapter 4506. of	32385
the Revised Code from operating a commercial motor vehicle or	32386
would subject the offender to any other sanction under that	32387
chapter.	32388

(C) At the conclusion of a hearing held pursuant to division	32389
(A) of this section, the court shall enter its determination as to	32390
whether the offender is eligible for intervention in lieu of	32391
conviction and as to whether to grant the offender's request. If	32392
the court finds under division (B) of this section that the	32393
offender is eligible for intervention in lieu of conviction and	32394
grants the offender's request, the court shall accept the	32395
offender's plea of guilty and waiver of the defendant's right to a	32396
speedy trial, the preliminary hearing, the time period within	32397
which the grand jury may consider an indictment against the	32398
offender, and arraignment, unless the hearing, indictment, or	32399
arraignment has already occurred. In addition, the court then may	32400
stay all criminal proceedings and order the offender to comply	32401
with all terms and conditions imposed by the court pursuant to	32402
division (D) of this section. If the court finds that the offender	32403
is not eligible or does not grant the offender's request, the	32404
criminal proceedings against the offender shall proceed as if the	32405
offender's request for intervention in lieu of conviction had not	32406
been made.	32407

(D) If the court grants an offender's request for	32408
intervention in lieu of conviction, the court shall place the	32409
offender under the general control and supervision of the county	32410
probation department, the adult parole authority, or another	32411
appropriate local probation or court services agency, if one	32412
exists, as if the offender was subject to a community control	32413
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	32414
Revised Code. The court shall establish an intervention plan for	32415
the offender. The terms and conditions of the intervention plan	32416
shall require the offender, for at least one year from the date on	32417
which the court grants the order of intervention in lieu of	32418
conviction, to abstain from the use of illegal drugs and alcohol,	32419
to participate in treatment and recovery support services, and to	32420
submit to regular random testing for drug and alcohol use and may	32421
include any other treatment terms and conditions, or terms and	32422
conditions similar to community control sanctions, which may	32423
include community service or restitution, that are ordered by the	32424
court.	32425

(E) If the court grants an offender's request for	32426
intervention in lieu of conviction and the court finds that the	32427
offender has successfully completed the intervention plan for the	32428
offender, including the requirement that the offender abstain from	32429
using illegal drugs and alcohol for a period of at least one year	32430
from the date on which the court granted the order of intervention	32431
in lieu of conviction, the requirement that the offender	32432
participate in treatment and recovery support services, and all	32433
other terms and conditions ordered by the court, the court shall	32434
dismiss the proceedings against the offender. Successful	32435
completion of the intervention plan and period of abstinence under	32436
this section shall be without adjudication of guilt and is not a	32437
criminal conviction for purposes of any disqualification or	32438
disability imposed by law and upon conviction of a crime, and the	32439
court may order the sealing of records related to the offense in	32440
question in the manner provided in sections 2953.31 to 2953.36 of	32441
the Revised Code.	32442

(F) If the court grants an offender's request for	32443
intervention in lieu of conviction and the offender fails to	32444
comply with any term or condition imposed as part of the	32445
intervention plan for the offender, the supervising authority for	32446
the offender promptly shall advise the court of this failure, and	32447
the court shall hold a hearing to determine whether the offender	32448
failed to comply with any term or condition imposed as part of the	32449
plan. If the court determines that the offender has failed to	32450
comply with any of those terms and conditions, it shall enter a	32451
finding of guilty and shall impose an appropriate sanction under	32452
Chapter 2929. of the Revised Code. If the court sentences the	32453
offender to a prison term, the court, after consulting with the	32454
department of rehabilitation and correction regarding the	32455
availability of services, may order continued court-supervised	32456
activity and treatment of the offender during the prison term and,	32457
upon consideration of reports received from the department	32458
concerning the offender's progress in the program of activity and	32459
treatment, may consider judicial release under section 2929.20 of	32460
the Revised Code.	32461

(G) As used in this section:

32462

(1) "Community control sanction" has the same meaning as in	32463
section 2929.01 of the Revised Code.	32464

(2) "Intervention in lieu of conviction" means any	32465
court-supervised activity that complies with this section.	32466

(3) "Peace officer" has the same meaning as in section	32467
2935.01 of the Revised Code.	32468

(4) "Mental illness" and "psychiatrist" have the same	32469
meanings as in section 5122.01 of the Revised Code.	32470

(5) "Person with intellectual disability" means a person	32471
having significantly subaverage general intellectual functioning	32472
existing concurrently with deficiencies in adaptive behavior,	32473
manifested during the developmental period.	32474

(6) "Psychologist" has the same meaning as in section 4732.01	32475
of the Revised Code.	32476

(H) Whenever the term "mentally retarded person" is used in	32477
any statute, rule, contract, grant, or other document, the	32478
reference shall be deemed to include a "person with intellectual	32479
disability," as defined in this section.	32480

Sec. 2967.22. Whenever it is brought to the attention of the	32481
adult parole authority or a department of probation that a	32482
parolee, person under a community control sanction, person under	32483
transitional control, or releasee appears to be a mentally ill	32484
person subject to hospitalization by court order, as defined in	32485
section 5122.01 of the Revised Code, or a mentally retarded person	32486
subject to institutionalization by court order, as defined in	32487
section 5123.01 of the Revised Code, the parole or probation	32488
officer, subject to the approval of the chief of the adult parole	32489
authority, the designee of the chief of the adult parole	32490
authority, or the chief probation officer, may file an affidavit	32491
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	32492
person under a community control sanction, or releasee who is	32493
involuntarily detained under Chapter 5122. or 5123. of the Revised	32494
Code shall receive credit against the period of parole or	32495
community control or the term of post-release control for the	32496
period of involuntary detention.	32497

If a parolee, person under a community control sanction,	32498
person under transitional control, or releasee escapes from an	32499
institution or facility within the department of ~~mental health~~	32500
mental health and addiction services or the department of	32501
developmental disabilities, the superintendent of the institution	32502
immediately shall notify the chief of the adult parole authority	32503
or the chief probation officer. Notwithstanding the provisions of	32504
section 5122.26 of the Revised Code, the procedure for the	32505
apprehension, detention, and return of the parolee, person under a	32506
community control sanction, person under transitional control, or	32507
releasee is the same as that provided for the apprehension,	32508
detention, and return of persons who escape from institutions	32509
operated by the department of rehabilitation and correction. If	32510
the escaped parolee, person under transitional control, or	32511
releasee is not apprehended and returned to the custody of the	32512
department of ~~mental health~~mental health and addiction services	32513
or the department of developmental disabilities within ninety days	32514
after the escape, the parolee, person under transitional control,	32515
or releasee shall be discharged from the custody of the department	32516
of ~~mental health~~mental health and addiction services or the	32517
department of developmental disabilities and returned to the	32518
custody of the department of rehabilitation and correction. If the	32519
escaped person under a community control sanction is not	32520
apprehended and returned to the custody of the department of	32521
~~mental health~~mental health and addiction services or the	32522
department of developmental disabilities within ninety days after	32523
the escape, the person under a community control sanction shall be	32524
discharged from the custody of the department of ~~mental health~~	32525
mental health and addiction services or the department of	32526
developmental disabilities and returned to the custody of the	32527
court that sentenced that person.	32528

Sec. 2981.12. (A) Unclaimed or forfeited property in the	32529
custody of a law enforcement agency, other than property described	32530
in division (A)(2) of section 2981.11 of the Revised Code, shall	32531
be disposed of by order of any court of record that has	32532
territorial jurisdiction over the political subdivision that	32533
employs the law enforcement agency, as follows:	32534

(1) Drugs shall be disposed of pursuant to section 3719.11 of	32535
the Revised Code or placed in the custody of the secretary of the	32536
treasury of the United States for disposal or use for medical or	32537
scientific purposes under applicable federal law.	32538

(2) Firearms and dangerous ordnance suitable for police work	32539
may be given to a law enforcement agency for that purpose.	32540
Firearms suitable for sporting use or as museum pieces or	32541
collectors' items may be sold at public auction pursuant to	32542
division (B) of this section. The agency may sell other firearms	32543
and dangerous ordnance to a federally licensed firearms dealer in	32544
a manner that the court considers proper. The agency shall destroy	32545
any firearms or dangerous ordnance not given to a law enforcement	32546
agency or sold or shall send them to the bureau of criminal	32547
identification and investigation for destruction by the bureau.	32548

(3) Obscene materials shall be destroyed.

32549

(4) Beer, intoxicating liquor, or alcohol seized from a	32550
person who does not hold a permit issued under Chapters 4301. and	32551
4303. of the Revised Code or otherwise forfeited to the state for	32552
an offense under section 4301.45 or 4301.53 of the Revised Code	32553
shall be sold by the division of liquor control if the division	32554
determines that it is fit for sale or shall be placed in the	32555
custody of the investigations unit in the department of public	32556
safety and be used for training relating to law enforcement	32557
activities. The department, with the assistance of the division of	32558
liquor control, shall adopt rules in accordance with Chapter 119.	32559
of the Revised Code to provide for the distribution to state or	32560
local law enforcement agencies upon their request. If any tax	32561
imposed under Title XLIII of the Revised Code has not been paid in	32562
relation to the beer, intoxicating liquor, or alcohol, any moneys	32563
acquired from the sale shall first be used to pay the tax. All	32564
other money collected under this division shall be paid into the	32565
state treasury. Any beer, intoxicating liquor, or alcohol that the	32566
division determines to be unfit for sale shall be destroyed.	32567

(5) Money received by an inmate of a correctional institution	32568
from an unauthorized source or in an unauthorized manner shall be	32569
returned to the sender, if known, or deposited in the inmates'	32570
industrial and entertainment fund of the institution if the sender	32571
is not known.	32572

(6)(a) Any mobile instrumentality forfeited under this	32573
chapter may be given to the law enforcement agency that initially	32574
seized the mobile instrumentality for use in performing its	32575
duties, if the agency wants the mobile instrumentality. The agency	32576
shall take the mobile instrumentality subject to any security	32577
interest or lien on the mobile instrumentality.	32578

(b) Vehicles and vehicle parts forfeited under sections	32579
4549.61 to 4549.63 of the Revised Code may be given to a law	32580
enforcement agency for use in performing its duties. Those parts	32581
may be incorporated into any other official vehicle. Parts that do	32582
not bear vehicle identification numbers or derivatives of them may	32583
be sold or disposed of as provided by rules of the director of	32584
public safety. Parts from which a vehicle identification number or	32585
derivative of it has been removed, defaced, covered, altered, or	32586
destroyed and that are not suitable for police work or	32587
incorporation into an official vehicle shall be destroyed and sold	32588
as junk or scrap.	32589

(7) Computers, computer networks, computer systems, and	32590
computer software suitable for police work may be given to a law	32591
enforcement agency for that purpose or disposed of under division	32592
(B) of this section.	32593

(8) Money seized in connection with a violation of section	32594
2905.32, 2907.21, or 2907.22 of the Revised Code shall be	32595
deposited in the victims of human trafficking fund created by	32596
section 5101.87 of the Revised Code.	32597

(B) Unclaimed or forfeited property that is not described in	32598
division (A) of this section or division (A)(2) of section 2981.11	32599
of the Revised Code, with court approval, may be used by the law	32600
enforcement agency in possession of it. If it is not used by the	32601
agency, it may be sold without appraisal at a public auction to	32602
the highest bidder for cash or disposed of in another manner that	32603
the court considers proper.	32604

(C) Except as provided in divisions (A) and (F) of this	32605
section and after compliance with division (D) of this section	32606
when applicable, any moneys acquired from the sale of property	32607
disposed of pursuant to this section shall be placed in the	32608
general revenue fund of the state, or the general fund of the	32609
county, the township, or the municipal corporation of which the	32610
law enforcement agency involved is an agency.	32611

(D) If the property was in the possession of the law	32612
enforcement agency in relation to a delinquent child proceeding in	32613
a juvenile court, ten per cent of any moneys acquired from the	32614
sale of property disposed of under this section shall be applied	32615
to one or more ~~alcohol and drug~~community addiction treatment	32616
~~programs~~services providers that are certified by the department	32617
of ~~alcohol and drug addiction services~~mental health and addiction	32618
services under section ~~3793.06~~5119.36 of the Revised Code. A	32619
juvenile court shall not specify a ~~program~~services provider,	32620
except as provided in this division, unless the ~~program~~services	32621
provider is in the same county as the court or in a contiguous	32622
county. If no certified ~~program~~services provider is located in	32623
any of those counties, the juvenile court may specify a certified	32624
~~program~~services provider anywhere in Ohio. The remaining ninety	32625
per cent of the proceeds or cash shall be applied as provided in	32626
division (C) of this section.	32627

Each ~~treatment program~~services provider that receives in any	32628
calendar year forfeited money under this division shall file an	32629
annual report for that year with the attorney general and with the	32630
court of common pleas and board of county commissioners of the	32631
county in which the ~~program~~services provider is located and of	32632
any other county from which the ~~program~~services provider received	32633
forfeited money. The ~~program~~services provider shall file the	32634
report on or before the first day of March in the calendar year	32635
following the calendar year in which the ~~program~~services provider	32636
received the money. The report shall include statistics on the	32637
number of persons the ~~program~~services provider served, identify	32638
the types of treatment services it provided to them, and include a	32639
specific accounting of the purposes for which it used the money so	32640
received. No information contained in the report shall identify,	32641
or enable a person to determine the identity of, any person served	32642
by the ~~program~~services provider.	32643

(E) Each certified ~~alcohol and drug~~community addiction	32644
~~treatment program~~services provider that receives in any calendar	32645
year money under this section or under section 2981.13 of the	32646
Revised Code as the result of a juvenile forfeiture order shall	32647
file an annual report for that calendar year with the attorney	32648
general and with the court of common pleas and board of county	32649
commissioners of the county in which the ~~program~~services provider	32650
is located and of any other county from which the ~~program~~services	32651
provider received the money. The ~~program~~services provider shall	32652
file the report on or before the first day of March in the	32653
calendar year following the year in which the ~~program~~services	32654
provider received the money. The report shall include statistics	32655
on the number of persons served with the money, identify the types	32656
of treatment services provided, and specifically account for how	32657
the money was used. No information in the report shall identify or	32658
enable a person to determine the identity of anyone served by the	32659
~~program~~services provider.	32660

As used in this division, "juvenile-related forfeiture order"	32661
means any forfeiture order issued by a juvenile court under	32662
section 2981.04 or 2981.05 of the Revised Code and any disposal of	32663
property ordered by a court under section 2981.11 of the Revised	32664
Code regarding property that was in the possession of a law	32665
enforcement agency in relation to a delinquent child proceeding in	32666
a juvenile court.	32667

(F) Each board of county commissioners that recognizes a	32668
citizens' reward program under section 9.92 of the Revised Code	32669
shall notify each law enforcement agency of that county and of a	32670
township or municipal corporation wholly located in that county of	32671
the recognition by filing a copy of its resolution conferring that	32672
recognition with each of those agencies. When the board recognizes	32673
a citizens' reward program and the county includes a part, but not	32674
all, of the territory of a municipal corporation, the board shall	32675
so notify the law enforcement agency of that municipal corporation	32676
of the recognition of the citizens' reward program only if the	32677
county contains the highest percentage of the municipal	32678
corporation's population.	32679

Upon being so notified, each law enforcement agency shall pay	32680
twenty-five per cent of any forfeited proceeds or cash derived	32681
from each sale of property disposed of pursuant to this section to	32682
the citizens' reward program for use exclusively to pay rewards.	32683
No part of the funds may be used to pay expenses associated with	32684
the program. If a citizens' reward program that operates in more	32685
than one county or in another state in addition to this state	32686
receives funds under this section, the funds shall be used to pay	32687
rewards only for tips and information to law enforcement agencies	32688
concerning offenses committed in the county from which the funds	32689
were received.	32690

Receiving funds under this section or section 2981.11 of the	32691
Revised Code does not make the citizens' reward program a	32692
governmental unit or public office for purposes of section 149.43	32693
of the Revised Code.	32694

(G) Any property forfeited under this chapter shall not be	32695
used to pay any fine imposed upon a person who is convicted of or	32696
pleads guilty to an underlying criminal offense or a different	32697
offense arising out of the same facts and circumstances.	32698

(H) Any moneys acquired from the sale of personal effects,	32699
tools, or other property seized because the personal effects,	32700
tools, or other property were used in the commission of a	32701
violation of section 2905.32, 2907.21, or 2907.22 of the Revised	32702
Code or derived from the proceeds of the commission of a violation	32703
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and	32704
disposed of pursuant to this section shall be placed in the	32705
victims of human trafficking fund created by section 5101.87 of	32706
the Revised Code.	32707

Sec. 3101.051. (A) Except as provided in division (B) of	32708
this section, a probate court shall make available to any person	32709
for inspection the records pertaining to the issuance of marriage	32710
licenses as provided under section 149.43 of the Revised Code.	32711

(B) Before it makes available to a person any records	32712
pertaining to the issuance of a marriage license as described in	32713
division (A) of this section, subject to division (C) of this	32714
section, a probate court shall delete or otherwise remove any	32715
social security numbers of the parties to a marriage so that they	32716
are not available to the person inspecting the records.	32717

(C) Division (B) of this section does not apply in any of the	32718
following circumstances:	32719

(1) If the records in question are inspected by authorized	32720
personnel of the division of child support in the department of	32721
job and family services under section ~~5101.31~~5101.37 of the	32722
Revised Code;	32723

(2) If the records in question are inspected by law	32724
enforcement personnel for purposes of a criminal investigation;	32725

(3) If the records in question with the social security	32726
numbers are necessary for use in a civil or criminal trial and the	32727
release of the records with the social security numbers is ordered	32728
by a court with jurisdiction over the trial;	32729

(4) If the records in question are inspected by either party	32730
to the marriage to which the records pertain;	32731

(5) If the court possessed the records in question prior to	32732
the effective date of this section.	32733

Sec. 3107.083. Not later than ninety days after June 20,	32734
1996, the director of job and family services shall do all of the	32735
following:	32736

(A)(1) For a parent of a child who, if adopted, will be an	32737
adopted person as defined in section 3107.45 of the Revised Code,	32738
prescribe a form that has the following six components:	32739

(a) A component the parent signs under section 3107.071,	32740
3107.081, or 5103.151 of the Revised Code to indicate the	32741
requirements of section 3107.082 or 5103.152 of the Revised Code	32742
have been met. The component shall be as follows:	32743

"Statement Concerning Ohio Law and Adoption Materials	32744

By signing this component of this form, I acknowledge that it	32745
has been explained to me, and I understand, that, if I check the	32746
space on the next component of this form that indicates that I	32747
authorize the release, the adoption file maintained by the Ohio	32748
Department of Health, which contains identifying information about	32749
me at the time of my child's birth, will be released, on request,	32750
to the adoptive parent when the adoptee is at least age eighteen	32751
but younger than age twenty-one and to the adoptee when he or she	32752
is age twenty-one or older. It has also been explained to me, and	32753
I understand, that I may prohibit the release of identifying	32754
information about me contained in the adoption file by checking	32755
the space on the next component of this form that indicates that I	32756
do not authorize the release of the identifying information. It	32757
has additionally been explained to me, and I understand, that I	32758
may change my mind regarding the decision I make on the next	32759
component of this form at any time and as many times as I desire	32760
by signing, dating, and having filed with the Ohio Department of	32761
Health a denial of release form or authorization of release form	32762
prescribed and provided by the Department of Health and providing	32763
the Department two items of identification.	32764

By signing this component of this form, I also acknowledge	32765
that I have been provided a copy of written materials about	32766
adoption prepared by the Ohio Department of Job and Family	32767
Services, the adoption process and ramifications of consenting to	32768
adoption or entering into a voluntary permanent custody surrender	32769
agreement have been discussed with me, and I have been provided	32770
the opportunity to review the materials and ask questions about	32771
the materials and discussion.	32772

Signature of biological parent:		32773
Signature of witness:		32774
Date:	"	32775

(b) A component the parent signs under section 3107.071,	32776
3107.081, or 5103.151 of the Revised Code regarding the parent's	32777
decision whether to allow identifying information about the parent	32778
contained in an adoption file maintained by the department of	32779
health to be released to the parent's child and adoptive parent	32780
pursuant to section 3107.47 of the Revised Code. The component	32781
shall be as follows:	32782

"Statement Regarding Release of Identifying Information	32783

The purpose of this component of this form is to allow a	32784
biological parent to decide whether to allow the Ohio Department	32785
of Health to provide an adoptee and adoptive parent identifying	32786
information about the adoptee's biological parent contained in an	32787
adoption file maintained by the Department. Please check one of	32788
the following spaces:	32789

	......		YES, I authorize the Ohio Department of Health to release identifying information about me, on request, to the adoptive parent when the adoptee is at least age eighteen but younger than age twenty-one and to the adoptee when he or she is age twenty-one or older.		32790
	......		NO, I do not authorize the release of identifying information about me to the adoptive parent or adoptee.		32791

Signature of biological parent:		32792
Signature of witness:		32793
Date:	"	32794

(c) A component the parent, if the mother of the child,	32795
completes and signs under section 3107.071, 3107.081, or 5103.151	32796
of the Revised Code to indicate, to the extent of the mother's	32797
knowledge, all of the following:	32798

(i) Whether the mother, during her pregnancy, was a recipient	32799
of the ~~medical assistance~~medicaid program ~~established under~~	32800
~~Chapter 5111. of the Revised Code~~ or other public health insurance	32801
program and, if so, the dates her eligibility began and ended;	32802

(ii) Whether the mother, during her pregnancy, was covered by	32803
private health insurance and, if so, the dates the coverage began	32804
and ended, the name of the insurance provider, the type of	32805
coverage, and the identification number of the coverage;	32806

(iii) The name and location of the hospital, freestanding	32807
birth center, or other place where the mother gave birth and, if	32808
different, received medical care immediately after giving birth;	32809

(iv) The expenses of the obstetrical and neonatal care;

32810

(v) Whether the mother has been informed that the adoptive	32811
parent or the agency or attorney arranging the adoption are to pay	32812
expenses involved in the adoption, including expenses the mother	32813
has paid and expects to receive or has received reimbursement,	32814
and, if so, what expenses are to be or have been paid and an	32815
estimate of the expenses;	32816

(vi) Any other information related to expenses the department	32817
determines appropriate to be included in this component.	32818

(d) A component the parent may sign to authorize the agency	32819
or attorney arranging the adoption to provide to the child or	32820
adoptive parent materials, other than photographs of the parent,	32821
that the parent requests be given to the child or adoptive parent	32822
pursuant to section 3107.68 of the Revised Code.	32823

(e) A component the parent may sign to authorize the agency	32824
or attorney arranging the adoption to provide to the child or	32825
adoptive parent photographs of the parent pursuant to section	32826
3107.68 of the Revised Code.	32827

(f) A component the parent may sign to authorize the agency	32828
or attorney arranging the adoption to provide to the child or	32829
adoptive parent the first name of the parent pursuant to section	32830
3107.68 of the Revised Code.	32831

(2) State at the bottom of the form that the parent is to	32832
receive a copy of the form the parent signed.	32833

(3) Provide copies of the form prescribed under this division	32834
to probate and juvenile courts, public children services agencies,	32835
private child placing agencies, private noncustodial agencies,	32836
attorneys, and persons authorized to take acknowledgments.	32837

(B)(1) For a parent of a child who, if adopted, will become	32838
an adopted person as defined in section 3107.39 of the Revised	32839
Code, prescribe a form that has the following five components:	32840

(a) A component the parent signs under section 3107.071,	32841
3107.081, or 5103.151 of the Revised Code to attest that the	32842
requirement of division (A) of section 3107.082 or division (A) of	32843
section 5103.152 of the Revised Code has been met;	32844

(b) A component the parent, if the mother of the child,	32845
completes and signs under section 3107.071, 3107.081, or 5103.151	32846
of the Revised Code to indicate, to the extent of the mother's	32847
knowledge, all of the following:	32848

(i) Whether the mother, during her pregnancy, was a recipient	32849
of the ~~medical assistance~~medicaid program ~~established under~~	32850
~~Chapter 5111. of the Revised Code~~ or other public health insurance	32851
program and, if so, the dates her eligibility began and ended;	32852

(ii) Whether the mother, during her pregnancy, was covered by	32853
private health insurance and, if so, the dates the coverage began	32854
and ended, the name of the insurance provider, the type of	32855
coverage, and the identification number of the coverage;	32856

(iii) The name and location of the hospital, freestanding	32857
birth center, or other place where the mother gave birth and, if	32858
different, received medical care immediately after giving birth;	32859

(iv) The expenses of the obstetrical and neonatal care;

32860

(v) Whether the mother has been informed that the adoptive	32861
parent or the agency or attorney arranging the adoption are to pay	32862
expenses involved in the adoption, including expenses the mother	32863
has paid and expects to receive or has received reimbursement for,	32864
and, if so, what expenses are to be or have been paid and an	32865
estimate of the expenses;	32866

(vi) Any other information related to expenses the department	32867
determines appropriate to be included in the component.	32868

(c) A component the parent may sign to authorize the agency	32869
or attorney arranging the adoption to provide to the child or	32870
adoptive parent materials, other than photographs of the parent,	32871
that the parent requests be given to the child or adoptive parent	32872
pursuant to section 3107.68 of the Revised Code.	32873

(d) A component the parent may sign to authorize the agency	32874
or attorney arranging the adoption to provide to the child or	32875
adoptive parent photographs of the parent pursuant to section	32876
3107.68 of the Revised Code.	32877

(e) A component the parent may sign to authorize the agency	32878
or attorney arranging the adoption to provide to the child or	32879
adoptive parent the first name of the parent pursuant to section	32880
3107.68 of the Revised Code.	32881

(2) State at the bottom of the form that the parent is to	32882
receive a copy of the form the parent signed.	32883

(3) Provide copies of the form prescribed under this division	32884
to probate and juvenile courts, public children services agencies,	32885
private child placing agencies, private noncustodial agencies, and	32886
attorneys.	32887

(C) Prepare the written materials about adoption that are	32888
required to be given to parents under division (A) of section	32889
3107.082 and division (A) of section 5103.152 of the Revised Code.	32890
The materials shall provide information about the adoption	32891
process, including ramifications of a parent consenting to a	32892
child's adoption or entering into a voluntary permanent custody	32893
surrender agreement. The materials also shall include referral	32894
information for professional counseling and adoption support	32895
organizations. The director shall provide the materials to	32896
assessors.	32897

(D) Adopt rules in accordance with Chapter 119. of the	32898
Revised Code specifying the documents that must be filed with a	32899
probate court under divisions (B) and (D) of section 3107.081 of	32900
the Revised Code and a juvenile court under divisions (C) and (E)	32901
of section 5103.151 of the Revised Code.	32902

Sec. 3109.15. There is hereby created within the department	32903
of job and family services the children's trust fund board	32904
consisting of fifteen members. The directors of ~~alcohol and drug~~	32905
~~addiction services~~mental health and addiction services, health,	32906
and job and family services shall be members of the board. Eight	32907
public members shall be appointed by the governor. These members	32908
shall be persons with demonstrated knowledge in programs for	32909
children, shall be representative of the demographic composition	32910
of this state, and, to the extent practicable, shall be	32911
representative of the following categories: the educational	32912
community; the legal community; the social work community; the	32913
medical community; the voluntary sector; and professional	32914
providers of child abuse and child neglect services. Five of these	32915
members shall be residents of metropolitan statistical areas as	32916
defined by the United States office of management and budget where	32917
the population exceeds four hundred thousand; no two such members	32918
shall be residents of the same metropolitan statistical area. Two	32919
members of the board shall be members of the house of	32920
representatives appointed by the speaker of the house of	32921
representatives and shall be members of two different political	32922
parties. Two members of the board shall be members of the senate	32923
appointed by the president of the senate and shall be members of	32924
two different political parties. All members of the board	32925
appointed by the speaker of the house of representatives or the	32926
president of the senate shall serve until the expiration of the	32927
sessions of the general assembly during which they were appointed.	32928
They may be reappointed to an unlimited number of successive terms	32929
of two years at the pleasure of the speaker of the house of	32930
representatives or president of the senate. Public members shall	32931
serve terms of three years. Each member shall serve until the	32932
member's successor is appointed, or until a period of sixty days	32933
has elapsed, whichever occurs first. No public member may serve	32934
more than two consecutive full terms. All vacancies on the board	32935
shall be filled for the balance of the unexpired term in the same	32936
manner as the original appointment.	32937

Any member of the board may be removed by the member's	32938
appointing authority for misconduct, incompetency, or neglect of	32939
duty after first being given the opportunity to be heard in the	32940
member's own behalf. Pursuant to section 3.17 of the Revised Code,	32941
a member, except a member of the general assembly or a judge of	32942
any court in the state, who fails to attend at least three-fifths	32943
of the regular and special meetings held by the board during any	32944
two-year period forfeits the member's position on the board.	32945

Each member of the board shall serve without compensation but	32946
shall be reimbursed for all actual and necessary expenses incurred	32947
in the performance of official duties.	32948

At the beginning of the first year of each even-numbered	32949
general assembly, the chairperson of the board shall be appointed	32950
by the speaker of the house of representatives from among members	32951
of the board who are members of the house of representatives. At	32952
the beginning of the first year of each odd-numbered general	32953
assembly, the chairperson of the board shall be appointed by the	32954
president of the senate from among the members of the board who	32955
are senate members.	32956

The board shall biennially select a vice-chair from among its	32957
nonlegislative members.	32958

Sec. 3111.72. The contract between the department of job and	32959
family services and a local hospital shall require all of the	32960
following:	32961

(A) That the hospital provide a staff person to meet with	32962
each unmarried mother who gave birth in or en route to the	32963
hospital within twenty-four hours of the birth or before the	32964
mother is released from the hospital;	32965

(B) That the staff person attempt to meet with the father of	32966
the unmarried mother's child if possible;	32967

(C) That the staff person explain to the unmarried mother and	32968
the father, if he is present, the benefit to the child of	32969
establishing a parent and child relationship between the father	32970
and the child and the various proper procedures for establishing a	32971
parent and child relationship;	32972

(D) That the staff person present to the unmarried mother	32973
and, if possible, the father, the pamphlet or statement regarding	32974
the rights and responsibilities of a natural parent that is	32975
prepared and provided by the department of job and family services	32976
pursuant to section 3111.32 of the Revised Code;	32977

(E) That the staff person provide the mother and, if	32978
possible, the father, all forms and statements necessary to	32979
voluntarily establish a parent and child relationship, including,	32980
but not limited to, the acknowledgment of paternity affidavit	32981
prepared by the department of job and family services pursuant to	32982
section 3111.31 of the Revised Code;	32983

(F) That the staff person, at the request of both the mother	32984
and father, help the mother and father complete any form or	32985
statement necessary to establish a parent and child relationship;	32986

(G) That the hospital provide a notary public to notarize an	32987
acknowledgment of paternity affidavit signed by the mother and	32988
father;	32989

(H) That the staff person present to an unmarried mother who	32990
is not participating in the Ohio works first program established	32991
under Chapter 5107. of the Revised Code or receiving ~~medical~~	32992
~~assistance under Chapter 5111. of the Revised Code~~medicaid an	32993
application for Title IV-D services;	32994

(I) That the staff person forward any completed	32995
acknowledgment of paternity, no later than ten days after it is	32996
completed, to the office of child support in the department of job	32997
and family services;	32998

(J) That the department of job and family services pay the	32999
hospital twenty dollars for every correctly signed and notarized	33000
acknowledgment of paternity affidavit from the hospital.	33001

Sec. 3119.29. (A) As used in this section and sections	33002
3119.30 to 3119.56 of the Revised Code:	33003

(1) "Cash medical support" means an amount ordered to be paid	33004
in a child support order toward the cost of health insurance	33005
provided by a public entity, another parent, or person with whom	33006
the child resides, through employment or otherwise, or for other	33007
medical cost not covered by insurance.	33008

(2) "Federal poverty line" has the same meaning as defined in	33009
section 5104.01 of the Revised Code.	33010

(3) "Health care" means such medical support that includes	33011
coverage under a health insurance plan, payment of costs of	33012
premiums, ~~co-payments~~copayments, and deductibles, or payment for	33013
medical expenses incurred on behalf of the child.	33014

(4) "Health insurance coverage" means accessible private	33015
health insurance that provides primary care services within thirty	33016
miles from the residence of the child subject to the child support	33017
order.	33018

(5) "Health plan administrator" means any entity authorized	33019
under Title XXXIX of the Revised Code to engage in the business of	33020
insurance in this state, any health insuring corporation, any	33021
legal entity that is self-insured and provides benefits to its	33022
employees or members, and the administrator of any such entity or	33023
corporation.	33024

(6) "National medical support notice" means a form required	33025
by the "Child Support Performance and Incentive Act of 1998," P.L.	33026
105-200, 112 Stat. 659, 42 U.S.C. 666(a)(19), as amended, and	33027
jointly developed and promulgated by the secretary of health and	33028
human services and the secretary of labor in federal regulations	33029
adopted under that act as modified by the department of job and	33030
family services under section 3119.291 of the Revised Code.	33031

(7) "Person required to provide health insurance coverage"	33032
means the obligor, obligee, or both, required by the court under a	33033
court child support order or by the child support enforcement	33034
agency under an administrative child support order to provide	33035
health insurance coverage pursuant to section 3119.30 of the	33036
Revised Code.	33037

(8) Subject to division (B) of this section, "reasonable	33038
cost" means the contributing cost of private family health	33039
insurance to the person responsible for the health care of the	33040
children subject to the child support order that does not exceed	33041
an amount equal to five per cent of the annual gross income of	33042
that person.	33043

(9) "Title XIX" has the same meaning as ~~defined~~ in section	33044
~~5111.20~~5165.01 of the Revised Code.	33045

(B) If the United States secretary of health and human	33046
services issues a regulation defining "reasonable cost" or a	33047
similar term or phrase relevant to the provisions in child support	33048
orders relating to the provision of health care for children	33049
subject to the orders, and if that definition is substantively	33050
different from the meaning of "reasonable cost" as defined in	33051
division (A) of this section, "reasonable cost" as used in this	33052
section shall have the meaning as defined by the United States	33053
secretary of health and human services.	33054

Sec. 3121.441. (A) Notwithstanding the provisions of this	33055
chapter, Chapters 3119., 3123., and 3125., and sections 3770.071	33056
and 5107.20 of the Revised Code providing for the office of child	33057
support in the department of job and family services to collect,	33058
withhold, or deduct spousal support, when a court pursuant to	33059
section 3105.18 or 3105.65 of the Revised Code issues or modifies	33060
an order requiring an obligor to pay spousal support or grants or	33061
modifies a decree of dissolution of marriage incorporating a	33062
separation agreement that provides for spousal support, or at any	33063
time after the issuance, granting, or modification of an order or	33064
decree of that type, the court may permit the obligor to make the	33065
spousal support payments directly to the obligee instead of to the	33066
office if the obligee and the obligor have no minor children born	33067
as a result of their marriage and the obligee has not assigned the	33068
spousal support amounts to the department pursuant to section	33069
~~5101.59 or~~ 5107.20 or 5160.38 of the Revised Code.	33070

(B) A court that permits an obligor to make spousal support	33071
payments directly to the obligee pursuant to division (A) of this	33072
section shall order the obligor to make the spousal support	33073
payments as a check, as a money order, or in any other form that	33074
establishes a clear record of payment.	33075

(C) If a court permits an obligor to make spousal support	33076
payments directly to an obligee pursuant to division (A) of this	33077
section and the obligor is in default in making any spousal	33078
support payment to the obligee, the court, upon motion of the	33079
obligee or on its own motion, may rescind the permission granted	33080
under that division. After the rescission, the court shall	33081
determine the amount of arrearages in the spousal support payments	33082
and order the obligor to make to the office of child support in	33083
the department of job and family services any spousal support	33084
payments that are in arrears and any future spousal support	33085
payments. Upon the issuance of the order of the court under this	33086
division, the provisions of this chapter, Chapters 3119., 3123.,	33087
and 3125., and sections 3770.071 and 5107.20 of the Revised Code	33088
apply with respect to the collection, withholding, or deduction of	33089
the obligor's spousal support payments that are the subject of	33090
that order of the court.	33091

Sec. 3121.89. As used in sections 3121.891 to 3121.8911 of	33092
the Revised Code:	33093

(A) "Contractor" means an individual who provides services to	33094
an employer as an independent contractor for compensation that is	33095
reported as income other than wages and who is an individual, the	33096
sole shareholder of a corporation, or the sole member of a limited	33097
liability company. "Contractor" does not include any of the	33098
following:	33099

(1) An individual performing intelligence or	33100
counterintelligence functions for a state agency if the head of	33101
the agency has determined that reporting pursuant to this section	33102
could endanger the safety of the individual or compromise an	33103
ongoing investigation or intelligence mission;	33104

(2) A professionally licensed person who is providing	33105
services to the employer under that license;	33106

(3) An individual who will receive for the services provided	33107
under the contract compensation of less than two thousand five	33108
hundred dollars per year or a greater amount that the director of	33109
job and family services establishes by rule adopted under section	33110
3121.896 of the Revised Code.	33111

(B) "Employee" means an individual who is employed to provide	33112
services to an employer for compensation that is reported as	33113
income from wages. "Employee" does not include an individual	33114
performing intelligence or counterintelligence functions for a	33115
state agency, if the head of the agency has determined that	33116
reporting pursuant to this section could endanger the safety of	33117
the employee or compromise an ongoing investigation or	33118
intelligence mission.	33119

(C) "Employer" means any person or governmental entity other	33120
than the federal government for which an individual performs any	33121
service, of whatever nature, as the employee or contractor of such	33122
person, except that:	33123

(1) If the person for whom the individual performs services	33124
does not have control of the payment of compensation for the	33125
services, "employer" means the person having control of the	33126
payment of the compensation.	33127

(2) In the case of a person paying compensation on behalf of	33128
a nonresident alien individual, foreign partnership, or foreign	33129
corporation not engaged in trade or business within the United	33130
States, "employer" means the person paying the compensation.	33131

(3) In the case of compensation paid to a contractor,	33132
"employer" does not include any person or entity that lacks a	33133
federal employer identification number.	33134

(D) "Newly hired employee" means either of the following:

33135

(1) An employee who has not previously been employed by the	33136
employer;	33137

(2) An employee who was previously employed by an employer	33138
but has been separated from that prior employment for at least	33139
sixty consecutive days.	33140

(E) "Professionally licensed person" has the same meaning as	33141
in section 2925.01 of the Revised Code.	33142

Sec. 3121.891. (A) Except as provided in division (B) or (C)	33143
of this section, every employer shall make a new hire report to	33144
the department of job and family services regarding ~~the hiring,~~	33145
~~rehiring, or return to work as an~~a newly hired employee or a	33146
contractor of a person who resides, works, or will be assigned to	33147
work in this state to whom the employer anticipates paying	33148
compensation.	33149

(B) An employer with employees or contractors in two or more	33150
states that transmits new hire reports magnetically or	33151
electronically may make the new hire report to another state if	33152
the employer does both of the following:	33153

(1) Notifies the Ohio department of job and family services	33154
and the United States secretary of health and human services in	33155
writing that the employer has designated another state as the	33156
state to which the employer will transmit the report;	33157

(2) Transmits the report to that state in compliance with	33158
federal law.	33159

(C) The department may by rule exempt employers from making	33160
new hire reports on any classification of contractors if the	33161
department determines that exempting the employer will assist the	33162
administration of the new hire reporting requirement.	33163

Sec. 3121.892. (A) An employer shall include all of the	33164
following in each new hire report:	33165

(1) For each employee, the employee's name, address, date of	33166
birth, social security number, and date of hire~~, rehire, or return~~	33167
~~to work~~;	33168

(2) For each contractor, the contractor's name, address,	33169
social security or tax identification number, the date payments	33170
begin, and the length of time the contractor will be performing	33171
services for the employer;	33172

(3) The employer's name, address, and identification number.

33173

(B) The department of job and family services may by rule	33174
require that additional information, specified in the rule, be	33175
included in each new hire report.	33176

Sec. 3121.893. An employer shall make a new hire report for	33177
each newly hired employee or contractor in a manner prescribed by	33178
the department of job and family services. The department may	33179
require that the report include or consist of the submission of a	33180
copy of the United States internal revenue service form W-4	33181
(employee's withholding allowance certificate) for the employee, a	33182
form provided by the department, or any other hiring document or	33183
data storage device or mechanism the department authorizes. An	33184
employer may make the new hire report by mail, fax, magnetic or	33185
electronic means, or other means the department authorizes. If an	33186
employer makes a new hire report by mail, the date of making the	33187
report is the postmark date if the report is mailed in the United	33188
States with first class postage and is addressed as the department	33189
authorizes. An employer shall make the new hire report not later	33190
than twenty days after the date on which the employer hires or	33191
~~rehires~~ an employee ~~or the employee returns to work~~ or the date on	33192
which the employer engages or re-engages the contractor or the	33193
contractor resumes providing services under the contract.	33194

Sec. 3121.898. The department of job and family services	33195
shall use the new hire reports it receives for any of the	33196
following purposes set forth in 42 U.S.C. 653a, as amended,	33197
including:	33198

(A) To locate individuals for the purposes of establishing	33199
paternity and for establishing, modifying, and enforcing child	33200
support orders.	33201

(B) As used in this division, "state agency" means every	33202
department, bureau, board, commission, office, or other organized	33203
body established by the constitution or laws of this state for the	33204
exercise of state government; every entity of county government	33205
that is subject to the rules of a state agency; and every	33206
contractual agent of a state agency.	33207

To make available to any state agency responsible for	33208
administering any of the following programs for purposes of	33209
verifying program eligibility:	33210

(1) Any Title IV-A program as defined in section 5101.80 of	33211
the Revised Code;	33212

(2) The medicaid program ~~authorized by Chapter 5111. of the~~	33213
~~Revised Code~~;	33214

(3) The unemployment compensation program authorized by	33215
Chapter 4141. of the Revised Code;	33216

(4) The supplemental nutrition assistance program authorized	33217
by section 5101.54 of the Revised Code;	33218

(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as	33219
amended.	33220

(C) The administration of the employment security program	33221
under the director of job and family services.	33222

Sec. 3123.958. The office of child support ~~shall~~may publish	33223
and distribute ~~the first~~a set of posters throughout the state ~~not~~	33224
~~later than October 1, 1992. The office shall publish and~~	33225
~~distribute subsequent sets of posters not less than twice~~	33226
annually.	33227

Sec. 3125.36. (A) Subject to division (B) of this section,	33228
all support orders that are administered by a child support	33229
enforcement agency designated under section 307.981 of the Revised	33230
Code or former section 2301.35 of the Revised Code and are	33231
eligible for Title IV-D services shall be Title IV-D cases under	33232
Title IV-D of the "Social Security Act." Subject to division (B)	33233
of this section, all obligees of support orders administered by	33234
the agency shall be considered to have filed a signed application	33235
for Title IV-D services.	33236

(B) Except as provided in division (D) of this section, a	33237
court that issues or modifies a support order shall require the	33238
obligee under the order to sign, at the time of the issuance or	33239
modification of the order, an application for Title IV-D services	33240
and to file, as soon as possible, the signed application with the	33241
child support enforcement agency that will administer the order.	33242
The application shall be on a form prescribed by the department of	33243
job and family services. Except as provided in division (D) of	33244
this section, a support order that is administered by a child	33245
support enforcement agency, and that is eligible for Title IV-D	33246
services shall be a Title IV-D case under Title IV-D of the	33247
"Social Security Act" only upon the filing of the signed	33248
application for Title IV-D services.	33249

(C) A child support enforcement agency shall make available	33250
an application for Title IV-D services to all persons requesting a	33251
child support enforcement agency's assistance in an action under	33252
sections 3111.01 to 3111.18 of the Revised Code or in an	33253
administrative proceeding brought to establish a parent and child	33254
relationship, to establish or modify an administrative support	33255
order, or to establish or modify an order to provide health	33256
insurance coverage for the children subject to a support order.	33257

(D) An obligee under a support order who has assigned the	33258
right to the support pursuant to section ~~5101.59 or~~ 5107.20 or	33259
5160.38 of the Revised Code shall not be required to sign an	33260
application for Title IV-D services. The support order shall be	33261
considered a Title IV-D case.	33262

Sec. 3301.07. The state board of education shall exercise	33263
under the acts of the general assembly general supervision of the	33264
system of public education in the state. In addition to the powers	33265
otherwise imposed on the state board under the provisions of law,	33266
the board shall have the powers described in this section.	33267

(A) The state board shall exercise policy forming, planning,	33268
and evaluative functions for the public schools of the state	33269
except as otherwise provided by law.	33270

(B)(1) The state board shall exercise leadership in the	33271
improvement of public education in this state, and administer the	33272
educational policies of this state relating to public schools, and	33273
relating to instruction and instructional material, building and	33274
equipment, transportation of pupils, administrative	33275
responsibilities of school officials and personnel, and finance	33276
and organization of school districts, educational service centers,	33277
and territory. Consultative and advisory services in such matters	33278
shall be provided by the board to school districts and educational	33279
service centers of this state.	33280

(2) The state board also shall develop a standard of	33281
financial reporting which shall be used by each school district	33282
board of education and ~~educational service center~~each governing	33283
board of an educational service center, each governing authority	33284
of a community school established under Chapter 3314., each	33285
governing body of a STEM school established under Chapter 3328.,	33286
and each board of trustees of a college-preparatory boarding	33287
school established under Chapter 3328. of the Revised Code to make	33288
its financial information and annual budgets for each school	33289
building under its control available to the public in a format	33290
understandable by the average citizen. The format shall show,	33291
~~among other things,~~both at the district ~~and educational service~~	33292
~~center level or~~and at the school building level, ~~as determined~~	33293
~~appropriate by the department of education,~~ revenue by source;and	33294
expenditures ~~for salaries, wages, and benefits of employees,~~	33295
~~showing such amounts separately for classroom teachers, other~~	33296
~~employees required to hold licenses issued pursuant to sections~~	33297
~~3319.22 to 3319.31 of the Revised Code, and all other employees;~~	33298
~~expenditures other than for personnel, by category, including~~	33299
~~utilities, textbooks and other educational materials, equipment,~~	33300
~~permanent improvements, pupil transportation, extracurricular~~	33301
~~athletics, and other extracurricular activities; and per pupil~~	33302
~~expenditures~~for both classroom and nonclassroom purposes, as	33303
defined by the standards adopted under section 3302.20 of the	33304
Revised Code in the aggregate and for each subgroup of students,	33305
as defined by section 3317.40 of the Revised Code, that receives	33306
services provided for by state or federal funding. The format	33307
shall also include information on total revenue and expenditures,	33308
as well as per pupil revenue and expenditures.	33309

(3) Each school district board, governing authority,	33310
governing body, or board of trustees, or its respective designee,	33311
shall annually report, to the department of education, all	33312
financial information required by the standards for financial	33313
reporting, as prescribed by division (B)(2) of this section and	33314
adopted by the state board. The department shall post these	33315
reports in a prominent location on its web site and shall notify	33316
each school when reports are made available.	33317

(C) The state board shall administer and supervise the	33318
allocation and distribution of all state and federal funds for	33319
public school education under the provisions of law, and may	33320
prescribe such systems of accounting as are necessary and proper	33321
to this function. It may require county auditors and treasurers,	33322
boards of education, educational service center governing boards,	33323
treasurers of such boards, teachers, and other school officers and	33324
employees, or other public officers or employees, to file with it	33325
such reports as it may prescribe relating to such funds, or to the	33326
management and condition of such funds.	33327

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	33328
XLVII, and LI of the Revised Code a reference is made to standards	33329
prescribed under this section or division (D) of this section,	33330
that reference shall be construed to refer to the standards	33331
prescribed under division (D)(2) of this section, unless the	33332
context specifically indicates a different meaning or intent.	33333

(2) The state board shall formulate and prescribe minimum	33334
standards to be applied to all elementary and secondary schools in	33335
this state for the purpose of ~~requiring~~providing children access	33336
to a general education of high quality. Such standards shall	33337
provide ~~adequately~~ for: the licensing of teachers, administrators,	33338
and other professional personnel ~~and their assignment according to~~	33339
~~training and qualifications; efficient and effective instructional~~	33340
~~materials and equipment, including library facilities~~; the proper	33341
organization~~, administration, and supervision~~ of each school,	33342
including regulations for preparing all necessary records and	33343
reports ~~and the preparation of a statement of policies and~~	33344
~~objectives for each school~~; the provision of safe buildings,	33345
grounds, health and sanitary facilities and services; admission of	33346
pupils, and such requirements for their promotion from grade to	33347
grade as will assure that they are capable and prepared for the	33348
level of study to which they are certified; requirements for	33349
graduation; and such other factors as the board finds necessary.	33350

The state board shall base any standards governing the	33351
promotion of students or requirements for graduation on the	33352
ability of students, at any grade level, to earn credits or	33353
advance upon demonstration of mastery of knowledge and skills	33354
through competency-based learning models. Credits of grade level	33355
advancement shall not require a minimum number of days or hours in	33356
a classroom.	33357

The state board shall base any standards governing the	33358
assignment of staff on ensuring each school has a sufficient	33359
number of teachers to ensure a student has an appropriate level of	33360
interaction to meet each student's personal learning goals.	33361

In the formulation and administration of such standards for	33362
nonpublic schools the board shall also consider the particular	33363
needs, methods and objectives of those schools, provided they do	33364
not conflict with the provision of a general education of a high	33365
quality and provided that regular procedures shall be followed for	33366
promotion from grade to grade of pupils who have met the	33367
educational requirements prescribed.	33368

~~In the formulation and administration of such standards as~~	33369
~~they relate to instructional materials and equipment in public~~	33370
~~schools, including library materials, the board shall require that~~	33371
~~the material and equipment be aligned with and promote skills~~	33372
~~expected under the statewide academic standards adopted under~~	33373
~~section 3301.079 of the Revised Code.~~	33374

(3) In addition to the minimum standards required by division	33375
(D)(2) of this section, the state board may formulate and	33376
prescribe the following additional minimum operating standards for	33377
school districts:	33378

(a) Standards for the effective and efficient organization,	33379
administration, and supervision of each school district ~~so that it~~	33380
~~becomes a thinking and learning organization according to~~	33381
~~principles of systems design and collaborative professional~~	33382
~~learning communities research as defined by the superintendent of~~	33383
~~public instruction, including a focus on the personalized and~~	33384
~~individualized needs of each student; a shared responsibility~~	33385
~~among school boards, administrators, faculty, and staff to develop~~	33386
~~a common vision, mission, and set of guiding principles; a shared~~	33387
~~responsibility among school boards, administrators, faculty, and~~	33388
~~staff to engage in a process of collective inquiry, action~~	33389
~~orientation, and experimentation to ensure the academic success of~~	33390
~~all students; commitment to teaching and learning strategies that~~	33391
~~utilize technological tools and emphasize inter-disciplinary,~~	33392
~~real-world, project-based, and technology-oriented learning~~	33393
~~experiences to meet the individual needs of every student;~~with a	33394
commitment to high expectations for every student and commitment	33395
to closing the achievement gap so that all students achieve core	33396
knowledge and skills in accordance with the statewide academic	33397
standards adopted under section 3301.079 of the Revised Code;	33398
~~commitment to the use of assessments to diagnose the needs of each~~	33399
~~student; effective connections and relationships with families and~~	33400
~~others that support student success; and commitment to the use of~~	33401
~~positive behavior intervention supports throughout a district to~~	33402
~~ensure a safe and secure learning environment for all students;~~	33403

(b) Standards for the establishment of business advisory	33404
councils under section 3313.82 of the Revised Code;	33405

33406

~~(i) The~~the effective and efficient organization,	33407
administration, and supervision of each school district building	33408
~~so that it becomes a thinking and learning organization according~~	33409
~~to principles of systems design and collaborative professional~~	33410
~~learning communities research as defined by the state~~	33411
~~superintendent, including a focus on the personalized and~~	33412
~~individualized needs of each student; a shared responsibility~~	33413
~~among building administrators, faculty, and staff to develop a~~	33414
~~common vision, mission, and set of guiding principles; a shared~~	33415
~~responsibility among building administrators, faculty, and staff~~	33416
~~to engage in a process of collective inquiry, action orientation,~~	33417
~~and experimentation to ensure the academic success of all~~	33418
~~students; commitment to job embedded professional development and~~	33419
~~professional mentoring and coaching; established periods of time~~	33420
~~for teachers to pursue planning time for the development of lesson~~	33421
~~plans, professional development, and shared learning; commitment~~	33422
~~to effective management strategies that allow administrators~~	33423
~~reasonable access to classrooms for observation and professional~~	33424
~~development experiences; commitment to teaching and learning~~	33425
~~strategies that utilize technological tools and emphasize~~	33426
~~inter-disciplinary, real-world, project-based, and~~	33427
~~technology-oriented learning experiences to meet the individual~~	33428
~~needs of every student;~~with a commitment to high expectations for	33429
every student and commitment to closing the achievement gap so	33430
that all students achieve core knowledge and skills in accordance	33431
with the statewide academic standards adopted under section	33432
3301.079 of the Revised Code~~; commitment to the use of assessments~~	33433
~~to diagnose the needs of each student; effective connections and~~	33434
~~relationships with families and others that support student~~	33435
~~success; commitment to the use of positive behavior intervention~~	33436
~~supports throughout the building to ensure a safe and secure~~	33437
~~learning environment for all students;~~	33438

~~(ii) A school building leadership team to coordinate positive~~	33439
~~behavior intervention supports, learning environments, thinking~~	33440
~~and learning systems, collaborative planning, planning time,~~	33441
~~student academic interventions, student extended learning~~	33442
~~opportunities, and other activities identified by the team and~~	33443
~~approved by the district board of education. The team shall~~	33444
~~include the building principal, representatives from each~~	33445
~~collective bargaining unit, a classroom teacher, parents, business~~	33446
~~representatives, and others that support student success~~.	33447

(E) The state board may require as part of the health	33448
curriculum information developed under section 2108.34 of the	33449
Revised Code promoting the donation of anatomical gifts pursuant	33450
to Chapter 2108. of the Revised Code and may provide the	33451
information to high schools, educational service centers, and	33452
joint vocational school district boards of education;	33453

(F) The state board shall prepare and submit annually to the	33454
governor and the general assembly a report on the status, needs,	33455
and major problems of the public schools of the state, with	33456
recommendations for necessary legislative action and a ten-year	33457
projection of the state's public and nonpublic school enrollment,	33458
by year and by grade level.	33459

(G) The state board shall prepare and submit to the director	33460
of budget and management the biennial budgetary requests of the	33461
state board of education, for its agencies and for the public	33462
schools of the state.	33463

(H) The state board shall cooperate with federal, state, and	33464
local agencies concerned with the health and welfare of children	33465
and youth of the state.	33466

(I) The state board shall require such reports from school	33467
districts and educational service centers, school officers, and	33468
employees as are necessary and desirable. The superintendents and	33469
treasurers of school districts and educational service centers	33470
shall certify as to the accuracy of all reports required by law or	33471
state board or state department of education rules to be submitted	33472
by the district or educational service center and which contain	33473
information necessary for calculation of state funding. Any	33474
superintendent who knowingly falsifies such report shall be	33475
subject to license revocation pursuant to section 3319.31 of the	33476
Revised Code.	33477

(J) In accordance with Chapter 119. of the Revised Code, the	33478
state board shall adopt procedures, standards, and guidelines for	33479
the education of children with disabilities pursuant to Chapter	33480
3323. of the Revised Code, including procedures, standards, and	33481
guidelines governing programs and services operated by county	33482
boards of developmental disabilities pursuant to section 3323.09	33483
of the Revised Code.	33484

(K) For the purpose of encouraging the development of special	33485
programs of education for academically gifted children, the state	33486
board shall employ competent persons to analyze and publish data,	33487
promote research, advise and counsel with boards of education, and	33488
encourage the training of teachers in the special instruction of	33489
gifted children. The board may provide financial assistance out of	33490
any funds appropriated for this purpose to boards of education and	33491
educational service center governing boards for developing and	33492
conducting programs of education for academically gifted children.	33493

(L) The state board shall require that all public schools	33494
emphasize and encourage, within existing units of study, the	33495
teaching of energy and resource conservation as recommended to	33496
each district board of education by leading business persons	33497
involved in energy production and conservation, beginning in the	33498
primary grades.	33499

(M) The state board shall formulate and prescribe ~~minimum~~	33500
standards ~~requiring the use of phonics as a technique in~~for the	33501
teaching of reading in grades kindergarten through three. In	33502
addition, the state board shall provide in-service training	33503
programs for teachers on the ~~use of phonics as a technique in the~~	33504
teaching of reading in grades kindergarten through three.	33505

(N) The state board may adopt rules necessary for carrying	33506
out any function imposed on it by law, and may provide rules as	33507
are necessary for its government and the government of its	33508
employees, and may delegate to the superintendent of public	33509
instruction the management and administration of any function	33510
imposed on it by law. It may provide for the appointment of board	33511
members to serve on temporary committees established by the board	33512
for such purposes as are necessary. Permanent or standing	33513
committees shall not be created.	33514

(O) Upon application from the board of education of a school	33515
district, the superintendent of public instruction may issue a	33516
waiver exempting the district from compliance with the standards	33517
adopted under divisions (B)(2) and (D) of this section, as they	33518
relate to the operation of a school operated by the district. The	33519
state board shall adopt standards for the approval or disapproval	33520
of waivers under this division. The state superintendent shall	33521
consider every application for a waiver, and shall determine	33522
whether to grant or deny a waiver in accordance with the state	33523
board's standards. For each waiver granted, the state	33524
superintendent shall specify the period of time during which the	33525
waiver is in effect, which shall not exceed five years. A district	33526
board may apply to renew a waiver.	33527

Sec. 3301.0714. (A) The state board of education shall adopt	33528
rules for a statewide education management information system. The	33529
rules shall require the state board to establish guidelines for	33530
the establishment and maintenance of the system in accordance with	33531
this section and the rules adopted under this section. The	33532
guidelines shall include:	33533

(1) Standards identifying and defining the types of data in	33534
the system in accordance with divisions (B) and (C) of this	33535
section;	33536

(2) Procedures for annually collecting and reporting the data	33537
to the state board in accordance with division (D) of this	33538
section;	33539

(3) Procedures for annually compiling the data in accordance	33540
with division (G) of this section;	33541

(4) Procedures for annually reporting the data to the public	33542
in accordance with division (H) of this section.	33543

(B) The guidelines adopted under this section shall require	33544
the data maintained in the education management information system	33545
to include at least the following:	33546

(1) Student participation and performance data, for each	33547
grade in each school district as a whole and for each grade in	33548
each school building in each school district, that includes:	33549

(a) The numbers of students receiving each category of	33550
instructional service offered by the school district, such as	33551
regular education instruction, vocational education instruction,	33552
specialized instruction programs or enrichment instruction that is	33553
part of the educational curriculum, instruction for gifted	33554
students, instruction for students with disabilities, and remedial	33555
instruction. The guidelines shall require instructional services	33556
under this division to be divided into discrete categories if an	33557
instructional service is limited to a specific subject, a specific	33558
type of student, or both, such as regular instructional services	33559
in mathematics, remedial reading instructional services,	33560
instructional services specifically for students gifted in	33561
mathematics or some other subject area, or instructional services	33562
for students with a specific type of disability. The categories of	33563
instructional services required by the guidelines under this	33564
division shall be the same as the categories of instructional	33565
services used in determining cost units pursuant to division	33566
(C)(3) of this section.	33567

(b) The numbers of students receiving support or	33568
extracurricular services for each of the support services or	33569
extracurricular programs offered by the school district, such as	33570
counseling services, health services, and extracurricular sports	33571
and fine arts programs. The categories of services required by the	33572
guidelines under this division shall be the same as the categories	33573
of services used in determining cost units pursuant to division	33574
(C)(4)(a) of this section.	33575

(c) Average student grades in each subject in grades nine	33576
through twelve;	33577

(d) Academic achievement levels as assessed under sections	33578
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	33579

(e) The number of students designated as having a disabling	33580
condition pursuant to division (C)(1) of section 3301.0711 of the	33581
Revised Code;	33582

(f) The numbers of students reported to the state board	33583
pursuant to division (C)(2) of section 3301.0711 of the Revised	33584
Code;	33585

(g) Attendance rates and the average daily attendance for the	33586
year. For purposes of this division, a student shall be counted as	33587
present for any field trip that is approved by the school	33588
administration.	33589

(h) Expulsion rates;

33590

(i) Suspension rates;

33591

(j) Dropout rates;

33592

(k) Rates of retention in grade;

33593

(l) For pupils in grades nine through twelve, the average	33594
number of carnegie units, as calculated in accordance with state	33595
board of education rules;	33596

(m) Graduation rates, to be calculated in a manner specified	33597
by the department of education that reflects the rate at which	33598
students who were in the ninth grade three years prior to the	33599
current year complete school and that is consistent with	33600
nationally accepted reporting requirements;	33601

(n) Results of diagnostic assessments administered to	33602
kindergarten students as required under section 3301.0715 of the	33603
Revised Code to permit a comparison of the academic readiness of	33604
kindergarten students. However, no district shall be required to	33605
report to the department the results of any diagnostic assessment	33606
administered to a kindergarten student if the parent of that	33607
student requests the district not to report those results.	33608

(2) Personnel and classroom enrollment data for each school	33609
district, including:	33610

(a) The total numbers of licensed employees and nonlicensed	33611
employees and the numbers of full-time equivalent licensed	33612
employees and nonlicensed employees providing each category of	33613
instructional service, instructional support service, and	33614
administrative support service used pursuant to division (C)(3) of	33615
this section. The guidelines adopted under this section shall	33616
require these categories of data to be maintained for the school	33617
district as a whole and, wherever applicable, for each grade in	33618
the school district as a whole, for each school building as a	33619
whole, and for each grade in each school building.	33620

(b) The total number of employees and the number of full-time	33621
equivalent employees providing each category of service used	33622
pursuant to divisions (C)(4)(a) and (b) of this section, and the	33623
total numbers of licensed employees and nonlicensed employees and	33624
the numbers of full-time equivalent licensed employees and	33625
nonlicensed employees providing each category used pursuant to	33626
division (C)(4)(c) of this section. The guidelines adopted under	33627
this section shall require these categories of data to be	33628
maintained for the school district as a whole and, wherever	33629
applicable, for each grade in the school district as a whole, for	33630
each school building as a whole, and for each grade in each school	33631
building.	33632

(c) The total number of regular classroom teachers teaching	33633
classes of regular education and the average number of pupils	33634
enrolled in each such class, in each of grades kindergarten	33635
through five in the district as a whole and in each school	33636
building in the school district.	33637

(d) The number of lead teachers employed by each school	33638
district and each school building.	33639

(3)(a) Student demographic data for each school district,	33640
including information regarding the gender ratio of the school	33641
district's pupils, the racial make-up of the school district's	33642
pupils, the number of limited English proficient students in the	33643
district, and an appropriate measure of the number of the school	33644
district's pupils who reside in economically disadvantaged	33645
households. The demographic data shall be collected in a manner to	33646
allow correlation with data collected under division (B)(1) of	33647
this section. Categories for data collected pursuant to division	33648
(B)(3) of this section shall conform, where appropriate, to	33649
standard practices of agencies of the federal government.	33650

(b) With respect to each student entering kindergarten,	33651
whether the student previously participated in a public preschool	33652
program, a private preschool program, or a head start program, and	33653
the number of years the student participated in each of these	33654
programs.	33655

(4) Any data required to be collected pursuant to federal	33656
law.	33657

(C) The education management information system shall include	33658
cost accounting data for each district as a whole and for each	33659
school building in each school district. The guidelines adopted	33660
under this section shall require the cost data for each school	33661
district to be maintained in a system of mutually exclusive cost	33662
units and shall require all of the costs of each school district	33663
to be divided among the cost units. The guidelines shall require	33664
the system of mutually exclusive cost units to include at least	33665
the following:	33666

(1) Administrative costs for the school district as a whole.	33667
The guidelines shall require the cost units under this division	33668
(C)(1) to be designed so that each of them may be compiled and	33669
reported in terms of average expenditure per pupil in formula ADM	33670
in the school district, as determined pursuant to section 3317.03	33671
of the Revised Code.	33672

(2) Administrative costs for each school building in the	33673
school district. The guidelines shall require the cost units under	33674
this division (C)(2) to be designed so that each of them may be	33675
compiled and reported in terms of average expenditure per	33676
full-time equivalent pupil receiving instructional or support	33677
services in each building.	33678

(3) Instructional services costs for each category of	33679
instructional service provided directly to students and required	33680
by guidelines adopted pursuant to division (B)(1)(a) of this	33681
section. The guidelines shall require the cost units under	33682
division (C)(3) of this section to be designed so that each of	33683
them may be compiled and reported in terms of average expenditure	33684
per pupil receiving the service in the school district as a whole	33685
and average expenditure per pupil receiving the service in each	33686
building in the school district and in terms of a total cost for	33687
each category of service and, as a breakdown of the total cost, a	33688
cost for each of the following components:	33689

(a) The cost of each instructional services category required	33690
by guidelines adopted under division (B)(1)(a) of this section	33691
that is provided directly to students by a classroom teacher;	33692

(b) The cost of the instructional support services, such as	33693
services provided by a speech-language pathologist, classroom	33694
aide, multimedia aide, or librarian, provided directly to students	33695
in conjunction with each instructional services category;	33696

(c) The cost of the administrative support services related	33697
to each instructional services category, such as the cost of	33698
personnel that develop the curriculum for the instructional	33699
services category and the cost of personnel supervising or	33700
coordinating the delivery of the instructional services category.	33701

(4) Support or extracurricular services costs for each	33702
category of service directly provided to students and required by	33703
guidelines adopted pursuant to division (B)(1)(b) of this section.	33704
The guidelines shall require the cost units under division (C)(4)	33705
of this section to be designed so that each of them may be	33706
compiled and reported in terms of average expenditure per pupil	33707
receiving the service in the school district as a whole and	33708
average expenditure per pupil receiving the service in each	33709
building in the school district and in terms of a total cost for	33710
each category of service and, as a breakdown of the total cost, a	33711
cost for each of the following components:	33712

(a) The cost of each support or extracurricular services	33713
category required by guidelines adopted under division (B)(1)(b)	33714
of this section that is provided directly to students by a	33715
licensed employee, such as services provided by a guidance	33716
counselor or any services provided by a licensed employee under a	33717
supplemental contract;	33718

(b) The cost of each such services category provided directly	33719
to students by a nonlicensed employee, such as janitorial	33720
services, cafeteria services, or services of a sports trainer;	33721

(c) The cost of the administrative services related to each	33722
services category in division (C)(4)(a) or (b) of this section,	33723
such as the cost of any licensed or nonlicensed employees that	33724
develop, supervise, coordinate, or otherwise are involved in	33725
administering or aiding the delivery of each services category.	33726

(D)(1) The guidelines adopted under this section shall	33727
require school districts to collect information about individual	33728
students, staff members, or both in connection with any data	33729
required by division (B) or (C) of this section or other reporting	33730
requirements established in the Revised Code. The guidelines may	33731
also require school districts to report information about	33732
individual staff members in connection with any data required by	33733
division (B) or (C) of this section or other reporting	33734
requirements established in the Revised Code. The guidelines shall	33735
not authorize school districts to request social security numbers	33736
of individual students. The guidelines shall prohibit the	33737
reporting under this section of a student's name, address, and	33738
social security number to the state board of education or the	33739
department of education. The guidelines shall also prohibit the	33740
reporting under this section of any personally identifiable	33741
information about any student, except for the purpose of assigning	33742
the data verification code required by division (D)(2) of this	33743
section, to any other person unless such person is employed by the	33744
school district or the information technology center operated	33745
under section 3301.075 of the Revised Code and is authorized by	33746
the district or technology center to have access to such	33747
information or is employed by an entity with which the department	33748
contracts for the scoring or the development of state assessments.	33749
The guidelines may require school districts to provide the social	33750
security numbers of individual staff members and the county of	33751
residence for a student. Nothing in this section prohibits the	33752
state board of education or department of education from providing	33753
a student's county of residence to the department of taxation to	33754
facilitate the distribution of tax revenue.	33755

(2)(a) The guidelines shall provide for each school district	33756
or community school to assign a data verification code that is	33757
unique on a statewide basis over time to each student whose	33758
initial Ohio enrollment is in that district or school and to	33759
report all required individual student data for that student	33760
utilizing such code. The guidelines shall also provide for	33761
assigning data verification codes to all students enrolled in	33762
districts or community schools on the effective date of the	33763
guidelines established under this section. The assignment of data	33764
verification codes for other entities, as described in division	33765
(D)(2)(c) of this section, the use of those codes, and the	33766
reporting and use of associated individual student data shall be	33767
coordinated by the department in accordance with state and federal	33768
law.	33769

School districts shall report individual student data to the	33770
department through the information technology centers utilizing	33771
the code. The entities described in division (D)(2)(c) of this	33772
section shall report individual student data to the department in	33773
the manner prescribed by the department.	33774

Except as provided in sections 3301.941, 3310.11, 3310.42,	33775
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	33776
shall the state board or the department have access to information	33777
that would enable any data verification code to be matched to	33778
personally identifiable student data.	33779

(b) Each school district and community school shall ensure	33780
that the data verification code is included in the student's	33781
records reported to any subsequent school district, community	33782
school, or state institution of higher education, as defined in	33783
section 3345.011 of the Revised Code, in which the student	33784
enrolls. Any such subsequent district or school shall utilize the	33785
same identifier in its reporting of data under this section.	33786

(c) The director of any state agency that administers a	33787
publicly funded program providing services to children who are	33788
younger than compulsory school age, as defined in section 3321.01	33789
of the Revised Code, including the directors of health, job and	33790
family services, ~~mental health~~mental health and addiction	33791
services, and developmental disabilities, shall request and	33792
receive, pursuant to sections 3301.0723 and 3701.62 of the Revised	33793
Code, a data verification code for a child who is receiving those	33794
services.	33795

(E) The guidelines adopted under this section may require	33796
school districts to collect and report data, information, or	33797
reports other than that described in divisions (A), (B), and (C)	33798
of this section for the purpose of complying with other reporting	33799
requirements established in the Revised Code. The other data,	33800
information, or reports may be maintained in the education	33801
management information system but are not required to be compiled	33802
as part of the profile formats required under division (G) of this	33803
section or the annual statewide report required under division (H)	33804
of this section.	33805

(F) Beginning with the school year that begins July 1, 1991,	33806
the board of education of each school district shall annually	33807
collect and report to the state board, in accordance with the	33808
guidelines established by the board, the data required pursuant to	33809
this section. A school district may collect and report these data	33810
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	33811

(G) The state board shall, in accordance with the procedures	33812
it adopts, annually compile the data reported by each school	33813
district pursuant to division (D) of this section. The state board	33814
shall design formats for profiling each school district as a whole	33815
and each school building within each district and shall compile	33816
the data in accordance with these formats. These profile formats	33817
shall:	33818

(1) Include all of the data gathered under this section in a	33819
manner that facilitates comparison among school districts and	33820
among school buildings within each school district;	33821

(2) Present the data on academic achievement levels as	33822
assessed by the testing of student achievement maintained pursuant	33823
to division (B)(1)(d) of this section.	33824

(H)(1) The state board shall, in accordance with the	33825
procedures it adopts, annually prepare a statewide report for all	33826
school districts and the general public that includes the profile	33827
of each of the school districts developed pursuant to division (G)	33828
of this section. Copies of the report shall be sent to each school	33829
district.	33830

(2) The state board shall, in accordance with the procedures	33831
it adopts, annually prepare an individual report for each school	33832
district and the general public that includes the profiles of each	33833
of the school buildings in that school district developed pursuant	33834
to division (G) of this section. Copies of the report shall be	33835
sent to the superintendent of the district and to each member of	33836
the district board of education.	33837

(3) Copies of the reports received from the state board under	33838
divisions (H)(1) and (2) of this section shall be made available	33839
to the general public at each school district's offices. Each	33840
district board of education shall make copies of each report	33841
available to any person upon request and payment of a reasonable	33842
fee for the cost of reproducing the report. The board shall	33843
annually publish in a newspaper of general circulation in the	33844
school district, at least twice during the two weeks prior to the	33845
week in which the reports will first be available, a notice	33846
containing the address where the reports are available and the	33847
date on which the reports will be available.	33848

(I) Any data that is collected or maintained pursuant to this	33849
section and that identifies an individual pupil is not a public	33850
record for the purposes of section 149.43 of the Revised Code.	33851

(J) As used in this section:

33852

(1) "School district" means any city, local, exempted	33853
village, or joint vocational school district and, in accordance	33854
with section 3314.17 of the Revised Code, any community school. As	33855
used in division (L) of this section, "school district" also	33856
includes any educational service center or other educational	33857
entity required to submit data using the system established under	33858
this section.	33859

(2) "Cost" means any expenditure for operating expenses made	33860
by a school district excluding any expenditures for debt	33861
retirement except for payments made to any commercial lending	33862
institution for any loan approved pursuant to section 3313.483 of	33863
the Revised Code.	33864

(K) Any person who removes data from the information system	33865
established under this section for the purpose of releasing it to	33866
any person not entitled under law to have access to such	33867
information is subject to section 2913.42 of the Revised Code	33868
prohibiting tampering with data.	33869

(L)(1) In accordance with division (L)(2) of this section and	33870
the rules adopted under division (L)(10) of this section, the	33871
department of education may sanction any school district that	33872
reports incomplete or inaccurate data, reports data that does not	33873
conform to data requirements and descriptions published by the	33874
department, fails to report data in a timely manner, or otherwise	33875
does not make a good faith effort to report data as required by	33876
this section.	33877

(2) If the department decides to sanction a school district	33878
under this division, the department shall take the following	33879
sequential actions:	33880

(a) Notify the district in writing that the department has	33881
determined that data has not been reported as required under this	33882
section and require the district to review its data submission and	33883
submit corrected data by a deadline established by the department.	33884
The department also may require the district to develop a	33885
corrective action plan, which shall include provisions for the	33886
district to provide mandatory staff training on data reporting	33887
procedures.	33888

(b) Withhold up to ten per cent of the total amount of state	33889
funds due to the district for the current fiscal year and, if not	33890
previously required under division (L)(2)(a) of this section,	33891
require the district to develop a corrective action plan in	33892
accordance with that division;	33893

(c) Withhold an additional amount of up to twenty per cent of	33894
the total amount of state funds due to the district for the	33895
current fiscal year;	33896

(d) Direct department staff or an outside entity to	33897
investigate the district's data reporting practices and make	33898
recommendations for subsequent actions. The recommendations may	33899
include one or more of the following actions:	33900

(i) Arrange for an audit of the district's data reporting	33901
practices by department staff or an outside entity;	33902

(ii) Conduct a site visit and evaluation of the district;

33903

(iii) Withhold an additional amount of up to thirty per cent	33904
of the total amount of state funds due to the district for the	33905
current fiscal year;	33906

(iv) Continue monitoring the district's data reporting;

33907

(v) Assign department staff to supervise the district's data	33908
management system;	33909

(vi) Conduct an investigation to determine whether to suspend	33910
or revoke the license of any district employee in accordance with	33911
division (N) of this section;	33912

(vii) If the district is issued a report card under section	33913
3302.03 of the Revised Code, indicate on the report card that the	33914
district has been sanctioned for failing to report data as	33915
required by this section;	33916

(viii) If the district is issued a report card under section	33917
3302.03 of the Revised Code and incomplete or inaccurate data	33918
submitted by the district likely caused the district to receive a	33919
higher performance rating than it deserved under that section,	33920
issue a revised report card for the district;	33921

(ix) Any other action designed to correct the district's data	33922
reporting problems.	33923

(3) Any time the department takes an action against a school	33924
district under division (L)(2) of this section, the department	33925
shall make a report of the circumstances that prompted the action.	33926
The department shall send a copy of the report to the district	33927
superintendent or chief administrator and maintain a copy of the	33928
report in its files.	33929

(4) If any action taken under division (L)(2) of this section	33930
resolves a school district's data reporting problems to the	33931
department's satisfaction, the department shall not take any	33932
further actions described by that division. If the department	33933
withheld funds from the district under that division, the	33934
department may release those funds to the district, except that if	33935
the department withheld funding under division (L)(2)(c) of this	33936
section, the department shall not release the funds withheld under	33937
division (L)(2)(b) of this section and, if the department withheld	33938
funding under division (L)(2)(d) of this section, the department	33939
shall not release the funds withheld under division (L)(2)(b) or	33940
(c) of this section.	33941

(5) Notwithstanding anything in this section to the contrary,	33942
the department may use its own staff or an outside entity to	33943
conduct an audit of a school district's data reporting practices	33944
any time the department has reason to believe the district has not	33945
made a good faith effort to report data as required by this	33946
section. If any audit conducted by an outside entity under	33947
division (L)(2)(d)(i) or (5) of this section confirms that a	33948
district has not made a good faith effort to report data as	33949
required by this section, the district shall reimburse the	33950
department for the full cost of the audit. The department may	33951
withhold state funds due to the district for this purpose.	33952

(6) Prior to issuing a revised report card for a school	33953
district under division (L)(2)(d)(viii) of this section, the	33954
department may hold a hearing to provide the district with an	33955
opportunity to demonstrate that it made a good faith effort to	33956
report data as required by this section. The hearing shall be	33957
conducted by a referee appointed by the department. Based on the	33958
information provided in the hearing, the referee shall recommend	33959
whether the department should issue a revised report card for the	33960
district. If the referee affirms the department's contention that	33961
the district did not make a good faith effort to report data as	33962
required by this section, the district shall bear the full cost of	33963
conducting the hearing and of issuing any revised report card.	33964

(7) If the department determines that any inaccurate data	33965
reported under this section caused a school district to receive	33966
excess state funds in any fiscal year, the district shall	33967
reimburse the department an amount equal to the excess funds, in	33968
accordance with a payment schedule determined by the department.	33969
The department may withhold state funds due to the district for	33970
this purpose.	33971

(8) Any school district that has funds withheld under	33972
division (L)(2) of this section may appeal the withholding in	33973
accordance with Chapter 119. of the Revised Code.	33974

(9) In all cases of a disagreement between the department and	33975
a school district regarding the appropriateness of an action taken	33976
under division (L)(2) of this section, the burden of proof shall	33977
be on the district to demonstrate that it made a good faith effort	33978
to report data as required by this section.	33979

(10) The state board of education shall adopt rules under	33980
Chapter 119. of the Revised Code to implement division (L) of this	33981
section.	33982

(M) No information technology center or school district shall	33983
acquire, change, or update its student administration software	33984
package to manage and report data required to be reported to the	33985
department unless it converts to a student software package that	33986
is certified by the department.	33987

(N) The state board of education, in accordance with sections	33988
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	33989
license as defined under division (A) of section 3319.31 of the	33990
Revised Code that has been issued to any school district employee	33991
found to have willfully reported erroneous, inaccurate, or	33992
incomplete data to the education management information system.	33993

(O) No person shall release or maintain any information about	33994
any student in violation of this section. Whoever violates this	33995
division is guilty of a misdemeanor of the fourth degree.	33996

(P) The department shall disaggregate the data collected	33997
under division (B)(1)(n) of this section according to the race and	33998
socioeconomic status of the students assessed. No data collected	33999
under that division shall be included on the report cards required	34000
by section 3302.03 of the Revised Code.	34001

(Q) If the department cannot compile any of the information	34002
required by division (H) of section 3302.03 of the Revised Code	34003
based upon the data collected under this section, the department	34004
shall develop a plan and a reasonable timeline for the collection	34005
of any data necessary to comply with that division.	34006

Sec. 3301.0715. (A) Except as otherwise required under	34007
division (B)(1) of section 3313.608 of the Revised Code, the board	34008
of education of each city, local, and exempted village school	34009
district shall administer each applicable diagnostic assessment	34010
developed and provided to the district in accordance with section	34011
3301.079 of the Revised Code to the following:	34012

(1) Each student enrolled in a building that has failed to	34013
make adequate yearly progress for two or more consecutive school	34014
years;	34015

(2) Any student who transfers into the district or to a	34016
different school within the district if each applicable diagnostic	34017
assessment was not administered by the district or school the	34018
student previously attended in the current school year, within	34019
thirty days after the date of transfer. If the district or school	34020
into which the student transfers cannot determine whether the	34021
student has taken any applicable diagnostic assessment in the	34022
current school year, the district or school may administer the	34023
diagnostic assessment to the student.	34024

(3) ~~Each~~(a) Prior to July 1, 2014, each kindergarten	34025
student, not earlier than four weeks prior to the first day of	34026
school and not later than the first day of October. ~~For~~	34027

(b) Beginning July 1, 2014, each kindergarten student, not	34028
earlier than the first day of the school year and not later than	34029
the first day of November, except that the language and reading	34030
skills portion of the assessment shall be administered by the	34031
thirtieth day of September to fulfill the requirements of division	34032
(B) of section 3313.608 of the Revised Code.	34033

For the purpose of division (A)(3) of this section, the	34034
district shall administer the kindergarten readiness assessment	34035
provided by the department of education. In no case shall the	34036
results of the readiness assessment be used to prohibit a student	34037
from enrolling in kindergarten.	34038

(4) Each student enrolled in first or second grade.

34039

(B) Each district board shall administer each diagnostic	34040
assessment as the board deems appropriate, provided the	34041
administration complies with section 3313.608 of the Revised Code.	34042
However, the board shall administer any diagnostic assessment at	34043
least once annually to all students in the appropriate grade	34044
level. A district board may administer any diagnostic assessment	34045
in the fall and spring of a school year to measure the amount of	34046
academic growth attributable to the instruction received by	34047
students during that school year.	34048

(C) Each district board shall utilize and score any	34049
diagnostic assessment administered under division (A) of this	34050
section in accordance with rules established by the department.	34051
After the administration of any diagnostic assessment, each	34052
district shall provide a student's completed diagnostic	34053
assessment, the results of such assessment, and any other	34054
accompanying documents used during the administration of the	34055
assessment to the parent of that student, and shall include all	34056
such documents and information in any plan developed for the	34057
student under division (C) of section 3313.608 of the Revised	34058
Code. Each district shall submit to the department, in the manner	34059
the department prescribes, the results of the diagnostic	34060
assessments administered under this section, regardless of the	34061
type of assessment used under section 3313.608 of the Revised	34062
Code. The department may issue reports with respect to the data	34063
collected.	34064

(D) Each district board shall provide intervention services	34065
to students whose diagnostic assessments show that they are	34066
failing to make satisfactory progress toward attaining the	34067
academic standards for their grade level.	34068

(E) As used in this section, "adequate yearly progress" has	34069
the same meaning as in section 3302.01 of the Revised Code.	34070

Sec. 3301.0723. (A) The independent contractor engaged by	34071
the department of education to create and maintain for school	34072
districts and community schools the student data verification	34073
codes required by division (D)(2) of section 3301.0714 of the	34074
Revised Code, upon request of the director of any state agency	34075
that administers a publicly funded program providing services to	34076
children who are younger than compulsory school age, as defined in	34077
section 3321.01 of the Revised Code, including the directors of	34078
health, job and family services, ~~mental health~~mental health and	34079
addiction services, and developmental disabilities, shall assign a	34080
data verification code to a child who is receiving such services	34081
and shall provide that code to the director. The contractor also	34082
shall provide that code to the department of education.	34083

(B) The director of a state agency that receives a child's	34084
data verification code under division (A) of this section shall	34085
use that code to submit information for that child to the	34086
department of education in accordance with section 3301.0714 of	34087
the Revised Code.	34088

(C) A public school that receives from the independent	34089
contractor the data verification code for a child assigned under	34090
division (A) of this section shall not request or assign to that	34091
child another data verification code under division (D)(2) of	34092
section 3301.0714 of the Revised Code. That school and any other	34093
public school in which the child subsequently enrolls shall use	34094
the data verification code assigned under division (A) of this	34095
section to report data relative to that student required under	34096
section 3301.0714 of the Revised Code.	34097

Sec. 3301.15. The state board of education or its authorized	34098
representatives may inspect all institutions under the control of	34099
the department of job and family services, the department of	34100
~~mental health~~mental health and addiction services, the department	34101
of developmental disabilities, and the department of	34102
rehabilitation and correction which employ teachers, and may make	34103
a report on the teaching, discipline, and school equipment in	34104
these institutions to the director of job and family services, the	34105
director of ~~mental health~~mental health and addiction services,	34106
the director of developmental disabilities, the director of	34107
rehabilitation and correction, and the governor.	34108

Sec. 3301.41. All employees of the former eTech Ohio	34109
commission who transferred to the department of education upon the	34110
abolishment of the commission as prescribed by section 363.570 of	34111
H.B. .... of the 130th general assembly and who when employed by	34112
that commission or a predecessor agency were included in a	34113
bargaining unit established under Chapter 4117. of the Revised	34114
Code, shall continue to be included in that bargaining unit, are	34115
public employees as defined in section 4117.01 of the Revised	34116
Code, and may collectively bargain with the state board of	34117
education in accordance with that chapter. Otherwise, any employee	34118
hired by the department after the abolishment of the commission,	34119
either to fill vacancies or to fill new positions related to the	34120
transferred employees' duties, shall be exempt from Chapter 4117.	34121
of the Revised Code and shall not be public employees as defined	34122
in section 4117.01 of the Revised Code.	34123

Sec. 3302.042. (A) This section shall ~~operate as a pilot~~	34124
~~project that applies~~apply to any school of a city, exempted	34125
village, or local school district that has been ranked according	34126
to performance index score under section 3302.21 of the Revised	34127
Code in the lowest five per cent of all public school buildings	34128
statewide for three or more consecutive school years ~~and is~~	34129
~~operated by the Columbus city school district. The pilot project~~	34130
~~shall commence once the department of education establishes~~	34131
~~implementation guidelines for the pilot project in consultation~~	34132
~~with the Columbus city school district~~.	34133

(B) Except as provided in division (D), (E), or (F) of this	34134
section, if the parents or guardians of at least fifty per cent of	34135
the students enrolled in a school to which this section applies,	34136
or if the parents or guardians of at least fifty per cent of the	34137
total number of students enrolled in that school and the schools	34138
of lower grade levels whose students typically matriculate into	34139
that school, by the thirty-first day of December of any school	34140
year in which the school is subject to this section, sign and file	34141
with the school district treasurer a petition requesting the	34142
district board of education to implement one of the following	34143
reforms in the school, and if the validity and sufficiency of the	34144
petition is certified in accordance with division (C) of this	34145
section, the board shall implement the requested reform in the	34146
next school year:	34147

(1) Reopen the school as a community school under Chapter	34148
3314. of the Revised Code;	34149

(2) Replace at least seventy per cent of the school's	34150
personnel who are related to the school's poor academic	34151
performance or, at the request of the petitioners, retain not more	34152
than thirty per cent of the personnel;	34153

(3) Contract with another school district or a nonprofit or	34154
for-profit entity with a demonstrated record of effectiveness to	34155
operate the school;	34156

(4) Turn operation of the school over to the department;

34157

(5) Any other major restructuring of the school that makes	34158
fundamental reforms in the school's staffing or governance.	34159

(C) Not later than thirty days after receipt of a petition	34160
under division (B) of this section, the district treasurer shall	34161
verify the validity and sufficiency of the signatures on the	34162
petition and certify to the district board whether the petition	34163
contains the necessary number of valid signatures to require the	34164
board to implement the reform requested by the petitioners. If the	34165
treasurer certifies to the district board that the petition does	34166
not contain the necessary number of valid signatures, any person	34167
who signed the petition may file an appeal with the county auditor	34168
within ten days after the certification. Not later than thirty	34169
days after the filing of an appeal, the county auditor shall	34170
conduct an independent verification of the validity and	34171
sufficiency of the signatures on the petition and certify to the	34172
district board whether the petition contains the necessary number	34173
of valid signatures to require the board to implement the	34174
requested reform. If the treasurer or county auditor certifies	34175
that the petition contains the necessary number of valid	34176
signatures, the district board shall notify the superintendent of	34177
public instruction and the state board of education of the	34178
certification.	34179

(D) The district board shall not implement the reform	34180
requested by the petitioners in any of the following	34181
circumstances:	34182

(1) The district board has determined that the request is for	34183
reasons other than improving student academic achievement or	34184
student safety.	34185

(2) The state superintendent has determined that	34186
implementation of the requested reform would not comply with the	34187
model of differentiated accountability described in section	34188
3302.041 of the Revised Code.	34189

(3) The petitioners have requested the district board to	34190
implement the reform described in division (B)(4) of this section	34191
and the department has not agreed to take over the school's	34192
operation.	34193

(4) When all of the following have occurred:

34194

(a) After a public hearing on the matter, the district board	34195
issued a written statement explaining the reasons that it is	34196
unable to implement the requested reform and agreeing to implement	34197
one of the other reforms described in division (B) of this	34198
section.	34199

(b) The district board submitted its written statement to the	34200
state superintendent and the state board along with evidence	34201
showing how the alternative reform the district board has agreed	34202
to implement will enable the school to improve its academic	34203
performance.	34204

(c) Both the state superintendent and the state board have	34205
approved implementation of the alternative reform.	34206

(E) If the provisions of this section conflict in any way	34207
with the requirements of federal law, federal law shall prevail	34208
over the provisions of this section.	34209

(F) If a school is restructured under this section, section	34210
3302.10 or 3302.12 of the Revised Code, or federal law, the school	34211
shall not be required to restructure again under state law for	34212
three consecutive years after the implementation of that prior	34213
restructuring.	34214

(G) Beginning not later than six months after the first	34215
petition under this section has been resolved, the department of	34216
education shall annually evaluate the ~~pilot program~~provisions of	34217
this section and submit a report to the general assembly under	34218
section 101.68 of the Revised Code. Such reports shall contain its	34219
recommendations to the general assembly with respect to the	34220
continuation of the ~~pilot program, its expansion to other school~~	34221
~~districts, or the enactment of further legislation establishing~~	34222
~~the program statewide under permanent law~~provisions of this	34223
section.	34224

Sec. 3302.22. (A) The governor's effective and efficient	34225
schools recognition program is hereby created. Each year, the	34226
governor shall recognize, in a manner deemed appropriate by the	34227
governor, the top ten per cent of all public schools in this	34228
state, including ~~schools of~~ city, exempted village, and local	34229
school districts, or joint vocational school districts, community	34230
schools established under Chapter 3314. ~~of the Revised Code~~, and	34231
STEM schools established under Chapter 3326. of the Revised Code.	34232

(B) The top ten per cent of schools shall be determined by	34233
the department of education according to standards established by	34234
the department, in consultation with the governor's office of 21st	34235
century education. The standards for recognition for each type of	34236
school may vary depending upon the unique characteristics of that	34237
type of school. The standards shall include, but need not be	34238
limited to, both of the following, provided that sufficient data	34239
is available for each school:	34240

(1) Student performance, as determined by factors ~~including~~	34241
that may include, but not be limited to, performance indicators	34242
under section 3302.02 of the Revised Code, report cards issued	34243
under section 3302.03 of the Revised Code, performance index score	34244
rankings under section 3302.21 of the Revised Code, and any other	34245
statewide or national assessment or student performance	34246
recognition program the department selects;	34247

(2) Fiscal performance, ~~including~~which may include	34248
cost-effective measures taken by the school.	34249

(C) If applicable, the standards under divisions (B)(1) and	34250
(2) of this section may be applied at the school building or	34251
district level, depending upon the quality and availability of	34252
data.	34253

Sec. 3302.26. (A) As used in this section:

34254

(1) "Expenditure per equivalent pupils" is the total	34255
operating expenditures of a school district divided by the measure	34256
of equivalent pupils.	34257

(2) "Measure of equivalent pupils" is the total number of	34258
students in a school district adjusted for the relative	34259
differences in costs associated with the unique characteristics	34260
and needs of each category of pupil.	34261

(B) The department of education shall create a performance	34262
management section on the department's public web site. The	34263
performance management section shall include information on	34264
academic and financial performance metrics for each school	34265
district to assist schools and districts in providing an effective	34266
and efficient delivery of educational services. The section shall	34267
include a graph that illustrates the relationship between a	34268
district's academic performance, as measured by the performance	34269
index score, and its expenditure per equivalent pupils as compared	34270
to similar districts. The section shall include statistics of	34271
academic and financial performance measures for each school	34272
district to allow for a comparison and benchmarking between	34273
districts.	34274

(C) The department may contract with an independent	34275
organization to develop and host the performance management	34276
section of its web site.	34277

Sec. 3303.41. There is hereby created the governor's council	34278
on people with disabilities. The council shall consist of	34279
twenty-one members of which the majority shall be people with	34280
disabilities as defined in this section, appointed by the governor	34281
for a term of three years except that for initial appointments,	34282
seven members shall be appointed for a term of one year, seven	34283
members shall be appointed for a term of two years, and seven	34284
members shall be appointed for a term of three years. Members may	34285
succeed themselves not more than one time. The governor shall	34286
annually appoint a ~~chairman~~chairperson who may succeed himself or	34287
herself not more than one time. Members of the council shall serve	34288
without compensation, but shall be paid the actual and necessary	34289
expenses they incur in the performance of their duties.	34290

The council shall meet at least six times annually at such	34291
times and places as may be designated by the ~~chairman~~chairperson.	34292

The governor's council on people with disabilities shall be	34293
assigned to the ~~rehabilitation services commission~~opportunities	34294
for Ohioans with disabilities agency for administrative purposes.	34295
The ~~administrator~~executive director of the ~~rehabilitation~~	34296
~~services commission~~opportunities for Ohioans with disabilities	34297
agency shall assign one professional staff person to the council	34298
to serve as executive secretary and other personnel as determined	34299
advisable.	34300

The council shall have the following powers:

34301

(A) To cooperate with the president's committee on employment	34302
of the handicapped;	34303

(B) To cooperate with all employers both public and private	34304
in locating or developing employment opportunities for people with	34305
disabilities;	34306

(C) To encourage and assist in the creation of committees at	34307
the community level;	34308

(D) To assist local, state, and federal agencies to	34309
coordinate their activities for the purpose of securing maximum	34310
utilization of funds and efforts that benefit people with	34311
disabilities;	34312

(E) To encourage cooperation among public and private	34313
employers, unions, and rehabilitation agencies, bureaus, and	34314
organizations both public and private with a specific goal to	34315
facilitate employment of people with disabilities;	34316

(F) To serve in an advisory capacity to the governor's office	34317
directly and as needed to the general assembly on issues relating	34318
to the needs, problems, and other concerns of people with	34319
disabilities;	34320

(G) To conduct educational programs to acquaint the public	34321
with the abilities and accomplishments of people with	34322
disabilities;	34323

(H) To promote the elimination of architectural barriers to	34324
make buildings used by the public accessible and useable by	34325
persons with physical limitations;	34326

(I) To make such rules as it determines advisable for the	34327
conduct of its own business.	34328

The council shall annually report to the governor on council	34329
activities and on the state of ~~Ohio's~~the people of this state	34330
with disabilities. This report may include any recommendations	34331
believed necessary or desirable to carry out the purposes of this	34332
section.	34333

As used in this section, "person with a disability" means any	34334
individual who has a disability or condition ~~which~~that,	34335
regardless of its physical or mental origin, imposes a functional	34336
limitation. It	34337

It shall be lawful for any public employee or officer to	34338
serve as a member of the council.	34339

Sec. 3304.11. As used in sections 3304.11 to 3304.27,	34340
~~inclusive,~~ of the Revised Code:	34341

(A) ~~"Handicapped person" or "disabled person"~~"Person with a	34342
disability" means any person with a physical or mental ~~disability~~	34343
~~which~~impairment that is a substantial ~~handicap~~impediment to	34344
employment ~~and which is of a nature that~~who can benefit in terms	34345
of an employment outcome from the provision of vocational	34346
rehabilitation services ~~may reasonably be expected to render him~~	34347
~~fit to engage in a gainful occupation consistent with his~~	34348
~~capacities and abilities, and any person with a physical or mental~~	34349
~~disability that constitutes a substantial handicap to employment~~	34350
~~for whom vocational rehabilitation services are necessary to~~	34351
~~determine his rehabilitation potential~~.	34352

(B) "Physical or mental ~~disability~~impairment" means a	34353
physical or mental condition that materially limits, contributes	34354
to limiting or, if not corrected, will probably result in limiting	34355
a person's activities or functioning.	34356

(C) "Substantial ~~handicap~~impediment to employment" means a	34357
physical or mental disability that impedes a person's occupational	34358
performance, by preventing ~~his~~the person's obtaining, retaining,	34359
or preparing for a gainful occupation consistent with ~~his~~the	34360
person's capacities and abilities.	34361

(D) "Vocational rehabilitation" and "vocational	34362
rehabilitation services" means any activity or service calculated	34363
to enable a ~~handicapped~~ person with a disability or groups of	34364
~~handicapped~~ persons with disabilities to engage in gainful	34365
occupation and includes, but is not limited to, medical and	34366
vocational evaluation, including diagnostic and related services,	34367
vocational counseling, guidance and placement, including follow-up	34368
services, rehabilitation training, including books and other	34369
training materials, physical restoration, recruitment and training	34370
services designed to provide ~~handicapped~~ persons with disabilities	34371
new employment opportunities, maintenance, occupational tools,	34372
equipment, supplies, transportation, services to families of	34373
~~handicapped~~ persons ~~which~~with disabilities that contribute	34374
substantially to the rehabilitation of these persons, and any	34375
other goods or service necessary to render a ~~handicapped~~ person	34376
with a disability employable.	34377

(E) "Establishment of a rehabilitation facility" means the	34378
expansion, remodeling, or alteration of an existing building,	34379
~~which~~that is necessary to adapt or to increase the effectiveness	34380
of that building for rehabilitation facility purposes, the	34381
acquisition of equipment for these purposes, and the initial	34382
staffing.	34383

(F) "Construction" means the construction of new buildings,	34384
acquisition of land or existing buildings and their expansion,	34385
remodeling, alteration and renovation, and the initial staffing	34386
and equipment of any new, newly acquired, expanded, remodeled,	34387
altered, or renovated buildings.	34388

(G) "Physical restoration services" means those services	34389
~~which~~that are necessary to correct or substantially modify within	34390
a reasonable period of time a physical or mental condition ~~which~~	34391
that is stable or slowly progressive.	34392

(H) "Occupational license" means any license, permit, or	34393
other written authority required by any governmental unit in order	34394
to engage in any occupation or business.	34395

(I) "Maintenance" means money payments to ~~disabled~~ persons	34396
with disabilities who need financial assistance for their	34397
subsistence during their vocational rehabilitation.	34398

Sec. 3304.12. (A) The governor, with the advice and consent	34399
of the senate, shall appoint ~~a rehabilitation services~~the	34400
opportunities for Ohioans with disabilities commission within the	34401
opportunities for Ohioans with disabilities agency consisting of	34402
seven members, no more than four of whom shall be members of the	34403
same political party and who shall include at least three from	34404
rehabilitation professions, including at least one member from the	34405
field of services to the blind, and at least four ~~handicapped~~	34406
individuals with disabilities, no less than two nor more than	34407
three of whom have received vocational rehabilitation services	34408
offered by a state vocational rehabilitation agency or the	34409
veterans' administration. ~~Such handicapped~~The members with	34410
disabilities shall be representative of several major categories	34411
of ~~handicapped~~ persons with disabilities served by the ~~commission~~	34412
opportunities for Ohioans with disabilities agency.	34413

(B) ~~Of the members first appointed to the commission, one~~	34414
~~shall be appointed for a term of seven years, one for a term of~~	34415
~~six years, one for a term of five years, one for a term of four~~	34416
~~years, one for a term of three years, one for a term of two years,~~	34417
~~and one for a term of one year. Thereafter, terms~~Terms of office	34418
shall be for seven years, commencing on the ninth day of September	34419
and ending on the eighth day of September, with no person eligible	34420
to serve more than two seven-year terms. Each member shall hold	34421
office from the date of ~~his~~ appointment until the end of the term	34422
for which hethe member was appointed. Any member appointed to	34423
fill a vacancy occurring prior to the expiration of the term for	34424
which ~~his~~the member's predecessor was appointed shall hold office	34425
for the remainder of ~~such~~that term. Any member shall continue in	34426
office subsequent to the expiration date of ~~his~~the member's term	34427
until ~~his~~a successor takes office, or until a period of sixty	34428
days has elapsed, whichever occurs first. ~~Members appointed to the~~	34429
~~commission after September 1, 1977, shall be handicapped~~	34430
~~individuals representing those who have received vocational~~	34431
~~rehabilitation services offered by a state vocational~~	34432
~~rehabilitaion agency or the veterans' administration until the~~	34433
~~commission membership includes at least four such individuals.~~	34434
Members who fail to perform their duties or who are guilty of	34435
misconduct may be removed on written charges preferred by the	34436
governor or by a majority of the commission.	34437

(C) Members of the commission shall be reimbursed for travel	34438
and necessary expenses incurred in the conduct of their duties,	34439
and shall receive an amount fixed pursuant to division (J) of	34440
section 124.15 of the Revised Code while actually engaged in	34441
attendance at meetings or in the performance of their duties.	34442

Sec. 3304.13. The ~~rehabilitation services commission~~	34443
opportunities for Ohioans with disabilities commission shall hold	34444
its first meeting at the call of the governor, and at that	34445
meeting, shall elect one of its members as ~~chairman~~chairperson	34446
and adopt rules governing the time and place of regular meetings,	34447
which shall be held not less than once every four months. Special	34448
meetings shall be held at the call of the ~~chairman~~chairperson or	34449
any three members of the commission. The ~~chairman~~chairperson	34450
shall serve for four years, unless removed earlier by a majority	34451
vote of the commission, and shall be ineligible to serve as	34452
~~chairman~~chairperson during the succeeding four years. Each member	34453
of the commission, before entering upon the duties of office,	34454
shall take and subscribe an oath to uphold the constitution and	34455
laws of the United States and this state and to perform the duties	34456
of office honestly, faithfully, and impartially. Each member shall	34457
give a bond of five thousand dollars, with a sufficient surety	34458
approved by the treasurer of state. After approval, the bond shall	34459
be filed with the secretary of state. If the bond is executed by a	34460
surety company, the premiums on it shall be paid from the funds	34461
appropriated for the expenses of the ~~rehabilitation services~~	34462
~~commission~~opportunities for Ohioans with disabilities agency.	34463

~~Sec. 3304.16.~~ Sec. 3304.14. ~~In carrying out~~For the purposes of	34464
sections 3304.11 to 3304.27 of the Revised Code, the	34465
~~rehabilitation services commission~~opportunities for Ohioans with	34466
disabilities commission, to the extent feasible, shall conduct a	34467
review and analysis of the effectiveness of and consumer	34468
satisfaction with all of the following:	34469

(A) ~~Shall develop all necessary rules~~The functions performed	34470
by the opportunities for Ohioans with disabilities agency;	34471

(B) ~~Shall prepare and submit to the governor annual reports~~	34472
~~of activities and expenditures and, prior to each first regular~~	34473
~~session of the general assembly, an estimate of sums required to~~	34474
~~carry out the commission's responsibilities~~The vocational	34475
rehabilitation services provided by state agencies and other	34476
public and private entities responsible for providing vocational	34477
rehabilitation services to persons with disabilities under the	34478
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C. 701, as	34479
amended;	34480

(C) ~~Shall certify any disbursement of funds available to the~~	34481
~~commission for vocational rehabilitation activities;~~	34482

~~(D) Shall serve as the sole state agency designated to~~	34483
~~administer the plan under the "Rehabilitation Act of 1973," 87~~	34484
~~Stat. 355, 29 U.S.C. 701, as amended;~~	34485

~~(E) Shall take appropriate action to guarantee rights of and~~	34486
~~services to handicapped persons;~~	34487

~~(F) Shall consult with and advise other state agencies to~~	34488
~~assist them in meeting the needs of handicapped persons more~~	34489
~~effectively and to achieve maximum coordination among programs for~~	34490
~~the handicapped;~~	34491

~~(G) Shall establish an administrative division of consumer~~	34492
~~affairs and advocacy within the commission to promote and help~~	34493
~~guarantee the rights of handicapped persons;~~	34494

~~(H) Shall maintain an inventory of state services that are~~	34495
~~available to handicapped persons;~~	34496

~~(I) Shall utilize, support, assist, and cooperate with the~~	34497
~~governor's committee on employment of the handicapped;~~	34498

~~(J) May delegate to any officer or employee of the commission~~	34499
~~any necessary powers and duties, except that the commission shall~~	34500
~~delegate to the administrator of the commission, as provided in~~	34501
~~section 3304.14 of the Revised Code, the power and duty to~~	34502
~~administer the daily operation and provision of vocational~~	34503
~~rehabilitation services;~~	34504

~~(K) May take any other necessary or appropriate action for~~	34505
~~cooperation with public and private agencies and organizations~~	34506
~~which may include:~~	34507

~~(1) Reciprocal agreements with other states to provide for~~	34508
~~the vocational rehabilitation of individuals within the states~~	34509
~~concerned;~~	34510

~~(2) Contracts or other arrangements with public and other~~	34511
~~nonprofit agencies and organizations for the construction or~~	34512
~~establishment and operation of vocational rehabilitation programs~~	34513
~~and facilities;~~	34514

~~(3) Cooperative arrangements with the federal government for~~	34515
~~carrying out sections 3304.11 to 3304.27 of the Revised Code, the~~	34516
~~"Vocational Rehabilitation Act," 41 Stat. 735 (1920), 29 U.S.C.~~	34517
~~31, as amended, or other federal statutes pertaining to vocational~~	34518
~~rehabilitation, and to this end, may adopt plans and methods of~~	34519
~~administration found necessary by the federal government for the~~	34520
~~efficient operation of any joint arrangements or the efficient~~	34521
~~application of any federal statutes;~~	34522

~~(4) Upon the designation of the governor, performing~~	34523
~~functions and services for the federal government relating to~~	34524
~~individuals under a physical or mental disability.~~	34525

~~(L) May take any appropriate action necessary to obtain~~	34526
~~federal funds in the maximum amount and most advantageous~~	34527
~~proportion possible;~~	34528

~~(M) May conduct research and demonstration projects,~~	34529
~~including inquiries concerning the causes of blindness and its~~	34530
~~prevention, provide training and instruction, including the~~	34531
~~establishment and maintenance of research fellowships and~~	34532
~~traineeships along with all necessary stipends and allowances,~~	34533
~~disseminate information, and provide technical assistance relating~~	34534
~~to vocational rehabilitation;~~	34535

~~(N) May plan, establish, and operate programs, facilities,~~	34536
~~and services relating to vocational rehabilitation;~~	34537

~~(O) May accept and hold, invest, reinvest, or otherwise use~~	34538
~~gifts made for the purpose of furthering vocational~~	34539
~~rehabilitation;~~	34540

~~(P) May ameliorate the condition of the aged blind or other~~	34541
~~severely disabled individuals by establishing a program of home~~	34542
~~visitation by commission employees for the purpose of instruction;~~	34543

~~(Q) May establish and manage small business enterprises that~~	34544
~~are operated by persons with a substantial handicap to employment,~~	34545
~~including blind persons;~~	34546

~~(R) May purchase from insurance companies licensed to do~~	34547
~~business in this state any insurance deemed necessary by the~~	34548
~~commission for the efficient operation of a suitable vending~~	34549
~~facility as defined in division (A) of section 3304.28 of the~~	34550
~~Revised Code;~~	34551

~~(S) May accept directly from any state agency, and any state~~	34552
~~agency may transfer directly to the commission, surplus computers~~	34553
~~and computer equipment to be used for any purposes the commission~~	34554
~~considers appropriate, notwithstanding sections 125.12 to 125.14~~	34555
~~of the Revised Code~~The employment outcomes achieved by eligible	34556
individuals receiving services under sections 3304.11 to 3304.27	34557
of the Revised Code, including the availability of health and	34558
other employment benefits in connection with those employment	34559
outcomes.	34560

~~Sec. 3304.14.~~ Sec. 3304.15. (A) There is hereby created the	34561
opportunities for Ohioans with disabilities agency. The agency is	34562
the designated state unit authorized under the "Rehabilitation Act	34563
of 1973," 87 Stat. 355, 29 U.S.C. 701, as amended, to provide	34564
vocational rehabilitation to eligible persons with disabilities.	34565

(B) The governor shall appoint an ~~administrator~~executive	34566
director of the ~~rehabilitation services commission~~opportunities	34567
for Ohioans with disabilities agency to serve at the pleasure of	34568
the governor and shall fix the ~~administrator's~~executive	34569
director's compensation. The ~~administrator~~executive director	34570
shall devote the ~~administrator's~~executive director's entire time	34571
to the duties of the ~~administrator's~~executive director's office,	34572
shall hold no other office or position of trust and profit, and	34573
shall engage in no other business during the ~~administrator's~~	34574
executive director's term of office. The governor may grant the	34575
~~administrator~~executive director the authority to appoint, remove,	34576
and discipline without regard to sex, race, creed, color, age, or	34577
national origin, such other professional, administrative, and	34578
clerical staff members as are necessary to carry out the functions	34579
and duties of the ~~commission~~agency.	34580

~~(B)(1)~~The executive director of the opportunities for	34581
Ohioans with disabilities agency is the executive and	34582
administrative officer of the agency. Whenever the Revised Code	34583
imposes a duty on or requires an action of the agency, the	34584
executive director shall perform the duty or action on behalf of	34585
the agency. The executive director may establish procedures for	34586
all of the following:	34587

(1) The governance of the agency;

34588

(2) The conduct of agency employees and officers;

34589

(3) The performance of agency business;

34590

(4) The custody, use, and preservation of agency records,	34591
papers, books, documents, and property.	34592

(C) The ~~administrator~~executive director shall have exclusive	34593
authority to administer the daily operation and provision of	34594
vocational rehabilitation services under this chapter. In	34595
exercising that authority, the executive director may do all of	34596
the following:	34597

(1) Adopt rules in accordance with Chapter 119. of the	34598
Revised Code;	34599

(2) Prepare and submit an annual report to the governor;

34600

(3) Certify any disbursement of funds available to the agency	34601
for vocational rehabilitation activities;	34602

(4) Take appropriate action to guarantee rights of services	34603
to people with disabilities;	34604

(5) Consult with and advise other state agencies and	34605
coordinate programs for persons with disabilities;	34606

(6) Comply with the requirements for match as part of budget	34607
submission;	34608

(7) Establish research and demonstration projects;

34609

(8) Accept, hold, invest, reinvest, or otherwise use gifts to	34610
further vocational rehabilitation;	34611

(9) For the purposes of the business enterprise program	34612
administered under sections 3304.28 to 3304.35 of the Revised	34613
Code:	34614

(a) Establish and manage small business entities owned or	34615
operated by visually impaired persons;	34616

(b) Purchase insurance;

34617

34618

(10) Enter into contracts and other agreements for the	34619
provision of services.	34620

~~(2)~~(D) The ~~administrator~~executive director shall establish a	34621
fee schedule for vocational rehabilitation services in accordance	34622
with 34 C.F.R. 361.50.	34623

~~Sec. 3304.15.~~ Sec. 3304.16. The ~~rehabilitation services commission~~	34624
executive director of the opportunities for Ohioans with	34625
disabilities agency shall establish administrative subdivisions	34626
~~under its control~~ as ~~it determines~~ necessary or appropriate to	34627
carry out ~~its~~the agency's functions and duties, but there shall	34628
be a bureau of services for the visually impaired and a bureau of	34629
vocational rehabilitation, each of which has as its head a deputy	34630
director appointed by the ~~administrator, subject to~~ ~~commission~~	34631
approvalexecutive director. The ~~commission~~executive director	34632
shall prescribe the budgets for the government of each division,	34633
and rules for the conduct of its employees, the performance of its	34634
business, and the custody, use, and preservation of the records,	34635
papers, books, documents, and property pertaining thereto.	34636

Sec. 3304.17. The ~~rehabilitation services commission~~	34637
opportunities for Ohioans with disabilities agency shall provide	34638
vocational rehabilitation services to all eligible ~~handicapped~~	34639
persons with disabilities, including any ~~handicapped~~ person with a	34640
disability who is eligible under the terms of an agreement or	34641
arrangement with another state or with the federal government.	34642

Sec. 3304.18. The treasurer of state shall be the custodian	34643
of all moneys received from the federal government for vocational	34644
rehabilitation programs and shall disburse the money upon the	34645
certification of the ~~rehabilitation services commission~~executive	34646
director of the opportunities for Ohioans with disabilities	34647
agency. If federal funds are not available to the state for	34648
vocational rehabilitation purposes, the governor shall include as	34649
part of ~~his~~the governor's biennial budget request to the general	34650
assembly a request for funds sufficient to support the activities	34651
of the ~~commission~~agency.	34652

Sec. 3304.181. If the total of all funds available from	34653
nonfederal sources to support the activities of the ~~rehabilitation~~	34654
~~services commission~~opportunities for Ohioans with disabilities	34655
agency does not comply with the expenditure requirements of 34	34656
C.F.R. 361.60 and 361.62 for those activities or would cause the	34657
state to lose an allotment or fail to receive a reallotment under	34658
34 C.F.R. 361.65, the ~~commission~~agency may solicit additional	34659
funds from, and enter into agreements for the use of those funds	34660
with, private or public entities, including local government	34661
entities of this state. The ~~commission~~agency may continue to	34662
solicit additional funds and enter into agreements until the total	34663
funding available is sufficient for the ~~commission~~agency to	34664
receive federal funds at the maximum amount and in the most	34665
advantageous proportion possible.	34666

Any agreement entered into between the ~~commission~~agency and	34667
a private or public entity to provide funds under this section	34668
shall be in accordance with 34 C.F.R. 361.28 and section 3304.182	34669
of the Revised Code.	34670

Sec. 3304.182. Any agreement between the ~~rehabilitation~~	34671
~~services commission~~opportunities for Ohioans with disabilities	34672
agency and a private or public entity providing funds under	34673
section 3304.181 of the Revised Code may permit the ~~commission~~	34674
agency to receive a specified percentage of the funds, but the	34675
percentage shall be not more than twenty-five per cent of the	34676
total funds available under the agreement. The ~~commission~~agency	34677
may terminate an agreement at any time for just cause. It may	34678
terminate an agreement for any other reason by giving at least	34679
thirty days' notice to the public or private entity.	34680

Any services provided under an agreement entered into under	34681
section 3304.181 of the Revised Code shall be provided by a person	34682
or government entity that meets the accreditation standards	34683
established in rules adopted by the ~~commission~~agency under	34684
section ~~3304.16~~3304.15 of the Revised Code.	34685

Sec. 3304.19. The right of a ~~handicapped~~ person with a	34686
disability to living maintenance under sections 3304.11 to	34687
3304.27~~, inclusive,~~ of the Revised Code, is not transferable or	34688
assignable at law or in equity, and none of the money paid or	34689
payable or rights existing under this ~~act~~chapter are subject to	34690
execution, levy, attachment, garnishment, or other legal process,	34691
or to the operation of any bankruptcy or insolvency law.	34692

Sec. 3304.20. Any person applying for or receiving	34693
vocational rehabilitation services who is dissatisfied with regard	34694
to the furnishing or denial of services, may file a request for an	34695
administrative review and redetermination of that action in	34696
accordance with rules of the ~~rehabilitation services commission~~	34697
opportunities for Ohioans with disabilities agency. When the	34698
person is dissatisfied with the finding of this administrative	34699
review, hethe person is entitled, in accordance with ~~commission~~	34700
agency rules and in accordance with Chapter 119. of the Revised	34701
Code, to a fair hearing before the ~~administrator~~executive	34702
director of the ~~rehabilitation services commission~~agency.	34703

Sec. 3304.21. No person shall, except for the purposes of	34704
sections 3304.11 to 3304.27~~, inclusive,~~ of the Revised Code, and	34705
in accordance with the rules established by the ~~rehabilitation~~	34706
~~services commission~~opportunities for Ohioans with disabilities	34707
agency, solicit, disclose, receive, make use of, authorize,	34708
knowingly permit, participate in, or acquiesce in the use of any	34709
list of names or information concerning persons applying for or	34710
receiving any services from the ~~commission~~agency, which	34711
information is directly or indirectly derived from the records of	34712
the agency or is acquired in the performance of the person's	34713
official duties.	34714

Sec. 3304.22. No officer or employee of the ~~rehabilitation~~	34715
~~services~~opportunities for Ohioans with disabilities commission,	34716
the opportunities for Ohioans with disabilities agency, or any	34717
person engaged in the administration of a vocational	34718
rehabilitation program sponsored by or affiliated with the state	34719
shall use or permit the use of any vocational rehabilitation	34720
program for the purpose of interfering with an election for any	34721
partisan political purpose; solicit or receive money for a	34722
partisan political purpose; or require any other person to	34723
contribute any service or money for a partisan political purpose.	34724
Whoever violates this section shall be removed from ~~his~~the	34725
officer's or employee's office or employment.	34726

Sec. 3304.23. (A) There is hereby created in the	34727
~~rehabilitation services commission~~opportunities for Ohioans with	34728
disabilities agency a brain injury program consisting of a program	34729
director and at least one support staff person.	34730

(B) To the extent that funds are available, the brain injury	34731
program may do the following:	34732

(1) Identify existing services in this state to assist	34733
survivors and families of survivors of brain injury;	34734

(2) Promote the coordination of services for survivors and	34735
families of survivors of brain injury;	34736

(3) Explore options for delivery of services to survivors and	34737
families of survivors of brain injury;	34738

(4) Explore the establishment of a traumatic brain injury	34739
incidence reporting system to collect information on the incidence	34740
and character of traumatic brain injury in this state;	34741

(5) Promote practices that will reduce the incidence of brain	34742
injury;	34743

(6) Develop training programs on dealing with brain injury	34744
and the special needs of survivors of brain injury;	34745

(7) Identify sources of available funds for services for	34746
survivors and families of survivors of brain injury;	34747

(8) Explore options for the delivery of case management	34748
services to residents of this state who are survivors of brain	34749
injury;	34750

(9) Provide assistance to assure that services for survivors	34751
and families of survivors of brain injury are all of the	34752
following:	34753

(a) Designed to enhance the survivor's ability to lead an	34754
independent and productive life;	34755

(b) Available within close proximity of the survivor's home;

34756

34757

(d) Appropriate to the unique needs of the survivor.

34758

(C) The staff of the brain injury program shall prepare a	34759
biennial report on the incidence of brain injury in this state	34760
that shall be submitted to the ~~administrator~~executive director of	34761
the ~~rehabilitation services commission~~opportunities for Ohioans	34762
with disabilities agency on or before December 15, 1992, and every	34763
two years thereafter. A copy of the report shall be submitted to	34764
the brain injury advisory committee created under section 3304.231	34765
of the Revised Code.	34766

Sec. 3304.231. There is hereby created a brain injury	34767
advisory committee, which shall advise the ~~administrator~~executive	34768
director of the ~~rehabilitation services commission~~opportunities	34769
for Ohioans with disabilities agency and the brain injury program	34770
with regard to unmet needs of survivors of brain injury,	34771
development of programs for survivors and their families,	34772
establishment of training programs for health care professionals,	34773
and any other matter within the province of the brain injury	34774
program. The committee shall consist of not fewer than ~~twenty~~	34775
nineteen and not more than ~~twenty-two~~twenty-one members as	34776
follows:	34777

(A) Not fewer than ten and not more than twelve members	34778
appointed by the ~~administrator~~executive director of the	34779
~~rehabilitation services commission~~opportunities for Ohioans with	34780
disabilities agency, including all of the following: a survivor of	34781
brain injury, a relative of a survivor of brain injury, a licensed	34782
physician recommended by the Ohio chapter of the American college	34783
of emergency physicians, a licensed physician recommended by the	34784
Ohio state medical association, one other health care	34785
professional, a rehabilitation professional, an individual who	34786
represents the brain injury association of Ohio, and not fewer	34787
than three nor more than five individuals who shall represent the	34788
public;	34789

(B) The directors of the departments of health, ~~alcohol and~~	34790
~~drug addiction services~~mental health and drug addiction services,	34791
developmental disabilities, ~~mental health, job and family~~	34792
~~services,~~ aging, and public safety; the medicaid director; the	34793
administrator of workers' compensation; the superintendent of	34794
public instruction; and the ~~administrator~~executive director of	34795
the ~~rehabilitation services commission~~opportunities for Ohioans	34796
with disabilities agency. Any of the officials specified in this	34797
division may designate an individual to serve in the official's	34798
place as a member of the committee.	34799

Terms of office of the appointed members shall be two years.	34800
Members may be reappointed. Vacancies shall be filled in the	34801
manner provided for original appointments. Any member appointed to	34802
fill a vacancy occurring prior to the expiration date of the term	34803
for which the member's predecessor was appointed shall hold office	34804
as a member for the remainder of that term.	34805

Members of the committee shall serve without compensation,	34806
but shall be reimbursed for actual and necessary expenses incurred	34807
in the performance of their duties.	34808

Sec. 3304.24. The ~~rehabilitation services~~opportunities for	34809
Ohioans with disabilities commission shall appoint a consumer	34810
advisory committee. ~~The commission may appoint additional advisory~~	34811
~~committees it finds necessary.~~	34812

Sec. 3304.25. The members of the ~~bureau~~consumer advisory	34813
~~committees~~committee appointed under section 3304.24 of the	34814
Revised Code shall receive no compensation for their services	34815
except their actual and necessary traveling and other expenses	34816
incurred in the performance of their official duties, which shall	34817
first be approved by the ~~administrator~~executive director of the	34818
~~rehabilitation services commission~~opportunities for Ohioans with	34819
disabilities agency.	34820

Sec. 3304.27. All vocational rehabilitation services made	34821
available under sections 3304.11 to 3304.27~~, inclusive,~~ of the	34822
Revised Code, are made available subject to amendment or repeal of	34823
those sections ~~3304.11 to 3304.27, inclusive, of the Revised Code~~,	34824
and no ~~disabled~~ person with a disability shall have any claim by	34825
reason of ~~his~~the person's vocational rehabilitation being	34826
affected in any way by such an amendment or repeal.	34827

Sec. 3304.28. As used in sections 3304.28 to 3304.34 of the	34828
Revised Code:	34829

(A) "Suitable vending facility" means automatic vending	34830
machines, cafeterias, snack bars, cart service shelters, counters,	34831
and other appropriate auxiliary food service equipment determined	34832
to be necessary by the bureau of services for the visually	34833
impaired for the automatic or manual dispensing of foods,	34834
beverages, and other such commodities for sale by persons, no	34835
fewer than one-half of whom are blind, under the supervision of a	34836
licensed blind vendor or an employee of the ~~commission~~	34837
opportunities for Ohioans with disabilities agency.	34838

(B) "Blind" means either of the following:

34839

(1) Vision twenty/two hundred or less in the better eye with	34840
proper correction;	34841

(2) Field defect in the better eye with proper correction	34842
~~which~~that contracts the peripheral field so that the diameter of	34843
the visual field subtends an angle no greater than twenty degrees.	34844

(C) "Governmental property" means any real property,	34845
building, or facility owned, leased, or rented by the state or any	34846
board, commission, department, division, or other unit or agency	34847
thereof, but does not include any institution under the management	34848
of the department of rehabilitation and correction pursuant to	34849
section 5120.05 of the Revised Code, or under the management of	34850
the department of youth services created pursuant to section	34851
5139.01 of the Revised Code.	34852

Sec. 3304.41. The ~~rehabilitation services commission~~	34853
opportunities for Ohioans with disabilities agency shall establish	34854
and administer a program for the use of funds appropriated for	34855
that purpose to provide personal care assistance to enable	34856
eligible severely physically disabled persons to live	34857
independently or work, shall adopt rules in accordance with	34858
Chapter 119. of the Revised Code as necessary to carry out the	34859
purposes of this section, and shall apply to the controlling board	34860
for the release of the funds.	34861

Sec. 3307.51. (A) The state teachers retirement board shall	34862
have prepared annually by or under the supervision of an actuary	34863
an actuarial valuation of the pension assets, liabilities, and	34864
funding requirements of the STRS defined benefit plan. The actuary	34865
shall complete the valuation in accordance with actuarial	34866
standards of practice promulgated by the actuarial standards board	34867
of the American academy of actuaries and prepare a report of the	34868
valuation. The report shall include all of the following:	34869

(1) A summary of the benefit provisions evaluated;

34870

(2) A summary of the census data and financial information	34871
used in the valuation;	34872

(3) A description of the actuarial assumptions, actuarial	34873
cost method, and asset valuation method used in the valuation,	34874
including a statement of the assumed rate of payroll growth and	34875
assumed rate of growth or decline in the number of members	34876
contributing to the retirement system;	34877

(4) A summary of findings that includes a statement of the	34878
actuarial accrued pension liabilities and unfunded actuarial	34879
accrued pension liabilities;	34880

(5) A schedule showing the effect of any changes in the	34881
benefit provisions, actuarial assumptions, or cost methods since	34882
the last annual actuarial valuation;	34883

(6) A statement of whether contributions to the retirement	34884
system are expected to be sufficient to satisfy the funding	34885
objectives established by the board.	34886

The board shall submit the report to the Ohio retirement	34887
study council, the director of budget and management, and the	34888
standing committees of the house of representatives and the senate	34889
with primary responsibility for retirement legislation immediately	34890
upon its availability and not later than the first day of January	34891
following the year for which the valuation was made.	34892

(B) At such times as the state teachers retirement board	34893
determines, and at least once in each quinquennial period, the	34894
board shall have prepared by or under the supervision of an	34895
actuary an actuarial investigation of the mortality, service, and	34896
other experience of the members, retirants, and beneficiaries of	34897
the system, and other system retirants as defined in section	34898
3307.35 of the Revised Code to update the actuarial assumptions	34899
used in the actuarial valuation required by division (A) of this	34900
section. The actuary shall prepare a report of the actuarial	34901
investigation. The report shall be prepared and any recommended	34902
changes in actuarial assumptions shall be made in accordance with	34903
the actuarial standards of practice promulgated by the actuarial	34904
standards board of the American academy of actuaries. The report	34905
shall include all of the following:	34906

(1) A summary of relevant decrement and economic assumption	34907
experience observed over the period of the investigation;	34908

(2) Recommended changes in actuarial assumptions to be used	34909
in subsequent actuarial valuations required by division (A) of	34910
this section;	34911

(3) A measurement of the financial effect of the recommended	34912
changes in actuarial assumptions.	34913

The board shall submit the report to the Ohio retirement	34914
study council and the standing committees of the house of	34915
representatives and the senate with primary responsibility for	34916
retirement legislation not later than the first day of May	34917
following the last fiscal year of the period the report covers.	34918

(C) The board may at any time request the actuary to make any	34919
other studies or actuarial valuations to determine the adequacy of	34920
the normal and deficiency rates of contribution provided by	34921
section 3307.28 of the Revised Code, and those rates may be	34922
adjusted by the board, as recommended by the actuary, effective as	34923
of the first of any year thereafter.	34924

(D) The board shall have prepared by or under the supervision	34925
of an actuary an actuarial analysis of any introduced legislation	34926
expected to have a measurable financial impact on the retirement	34927
system. The actuarial analysis shall be completed in accordance	34928
with the actuarial standards of practice promulgated by the	34929
actuarial standards board of the American academy of actuaries.	34930
The actuary shall prepare a report of the actuarial analysis,	34931
which shall include all of the following:	34932

(1) A summary of the statutory changes that are being	34933
evaluated;	34934

(2) A description of or reference to the actuarial	34935
assumptions and actuarial cost method used in the report;	34936

(3) A description of the participant group or groups included	34937
in the report;	34938

(4) A statement of the financial impact of the legislation,	34939
including the resulting increase, if any, in the employer normal	34940
cost percentage; the increase, if any, in actuarial accrued	34941
liabilities; and the per cent of payroll that would be required to	34942
amortize the increase in actuarial accrued liabilities as a level	34943
per cent of covered payroll for all active members over a period	34944
not to exceed thirty years;	34945

(5) A statement of whether the scheduled contributions to the	34946
system after the proposed change is enacted are expected to be	34947
sufficient to satisfy the funding objectives established by the	34948
board.	34949

Not later than sixty days from the date of introduction of	34950
the legislation, the board shall submit a copy of the actuarial	34951
analysis to the legislative service commission, the standing	34952
committees of the house of representatives and the senate with	34953
primary responsibility for retirement legislation, and the Ohio	34954
retirement study council.	34955

(E) The board shall have prepared annually a report giving a	34956
full accounting of the revenues and costs relating to the	34957
provision of benefits under section 3307.39 of the Revised Code.	34958
The report shall be made as of June 30, 1997, and the thirtieth	34959
day of June of each year thereafter. The report shall include the	34960
following:	34961

(1) A description of the statutory authority for the benefits	34962
provided;	34963

(2) A summary of the benefits;

34964

(3) A summary of the eligibility requirements for the	34965
benefits;	34966

(4) A statement of the number of participants eligible for	34967
the benefits;	34968

(5) A description of the accounting, asset valuation, and	34969
funding method used to provide the benefits;	34970

(6) A statement of the net assets available for the	34971
provisions of benefits as of the last day of the fiscal year;	34972

(7) A statement of any changes in the net assets available	34973
for the provision of benefits, including participant and employer	34974
contributions, net investment income, administrative expenses, and	34975
benefits provided to participants, as of the last day of the	34976
fiscal year;	34977

(8) For the last six consecutive fiscal years, a schedule of	34978
the net assets available for the benefits, the annual cost of	34979
benefits, administrative expenses incurred, and annual employer	34980
contributions allocated for the provision of benefits;	34981

(9) A description of any significant changes that affect the	34982
comparability of the report required under this division;	34983

(10) A statement of the amount paid under division (B) of	34984
section 3307.39 of the Revised Code.	34985

The board shall submit the report to the Ohio retirement	34986
study council, the director of budget and management, and the	34987
standing committees of the house of representatives and the senate	34988
with primary responsibility for retirement legislation immediately	34989
upon its availability and not later than the thirty-first day of	34990
December following the year for which the report was made.	34991

Sec. 3309.21. (A) The school employees retirement board	34992
shall have prepared annually by or under the supervision of an	34993
actuary an actuarial valuation of the pension assets, liabilities,	34994
and funding requirements of the school employees retirement system	34995
as established pursuant to this chapter. The actuary shall	34996
complete the valuation in accordance with actuarial standards of	34997
practice promulgated by the actuarial standards board of the	34998
American academy of actuaries and prepare a report of the	34999
valuation. The report shall include all of the following:	35000

(1) A summary of the benefit provisions evaluated;

35001

(2) A summary of the census data and financial information	35002
used in the valuation;	35003

(3) A description of the actuarial assumptions, actuarial	35004
cost method, and asset valuation method used in the valuation,	35005
including a statement of the assumed rate of payroll growth and	35006
assumed rate of growth or decline in the number of members	35007
contributing to the retirement system;	35008

(4) A summary of findings that includes a statement of the	35009
actuarial accrued pension liabilities and unfunded actuarial	35010
accrued pension liabilities;	35011

(5) A schedule showing the effect of any changes in the	35012
benefit provisions, actuarial assumptions, or cost methods since	35013
the last annual actuarial valuation;	35014

(6) A statement of whether contributions to the retirement	35015
system are expected to be sufficient to satisfy the funding	35016
objectives established by the board.	35017

The board shall submit the report to the Ohio retirement	35018
study council, the director of budget and management, and the	35019
standing committees of the house of representatives and the senate	35020
with primary responsibility for retirement legislation immediately	35021
upon its availability and not later than the first day of May	35022
following the year for which the valuation was made.	35023

(B) At such times as the school employees retirement board	35024
determines, and at least once in each quinquennial period, the	35025
board shall have prepared by or under the supervision of an	35026
actuary an actuarial investigation of the mortality, service, and	35027
other experience of the members, retirants, and beneficiaries of	35028
the retirement system, and SERS retirants and other system	35029
retirants as defined in section 3309.341 of the Revised Code to	35030
update the actuarial assumptions used in the actuarial valuation	35031
required by division (A) of this section. The actuary shall	35032
prepare a report of the actuarial investigation. The report shall	35033
be prepared and any recommended changes in actuarial assumptions	35034
shall be made in accordance with the actuarial standards of	35035
practice promulgated by the actuarial standards board of the	35036
American academy of actuaries. The report shall include all of the	35037
following:	35038

(1) A summary of relevant decrement and economic assumption	35039
experience observed over the period of the investigation;	35040

(2) Recommended changes in actuarial assumptions to be used	35041
in subsequent actuarial valuations required by division (A) of	35042
this section;	35043

(3) A measurement of the financial effect of the recommended	35044
changes in actuarial assumptions.	35045

The board shall submit the report to the Ohio retirement	35046
study council and the standing committees of the house of	35047
representatives and the senate with primary responsibility for	35048
retirement legislation not later than the first day of May	35049
following the last fiscal year of the period the report covers.	35050

(C) The board may at any time request the actuary to make any	35051
studies or actuarial valuations to determine the adequacy of the	35052
rates of contribution as provided by section 3309.49 of the	35053
Revised Code, and those rates may be adjusted by the board, as	35054
recommended by the actuary, effective as of the first of any year	35055
thereafter.	35056

(D) The board shall have prepared by or under the supervision	35057
of an actuary an actuarial analysis of any introduced legislation	35058
expected to have a measurable financial impact on the retirement	35059
system. The actuarial analysis shall be completed in accordance	35060
with the actuarial standards of practice promulgated by the	35061
actuarial standards board of the American academy of actuaries.	35062
The actuary shall prepare a report of the actuarial analysis,	35063
which shall include all of the following:	35064

(1) A summary of the statutory changes that are being	35065
evaluated;	35066

(2) A description of or reference to the actuarial	35067
assumptions and actuarial cost method used in the report;	35068

(3) A description of the participant group or groups included	35069
in the report;	35070

(4) A statement of the financial impact of the legislation,	35071
including the resulting increase, if any, in the employer normal	35072
cost percentage; the increase, if any, in actuarial accrued	35073
liabilities; and the per cent of payroll that would be required to	35074
amortize the increase in actuarial accrued liabilities as a level	35075
per cent of covered payroll for all active members over a period	35076
not to exceed thirty years;	35077

(5) A statement of whether the scheduled contributions to the	35078
system after the proposed change is enacted are expected to be	35079
sufficient to satisfy the funding objectives established by the	35080
board.	35081

Not later than sixty days from the date of introduction of	35082
the legislation, the board shall submit a copy of the actuarial	35083
analysis to the legislative service commission, the standing	35084
committees of the house of representatives and the senate with	35085
primary responsibility for retirement legislation, and the Ohio	35086
retirement study council.	35087

(E) The board shall have prepared annually a report giving a	35088
full accounting of the revenues and costs relating to the	35089
provision of benefits under sections 3309.375 and 3309.69 of the	35090
Revised Code. The report shall be made as of June 30, 1997, and	35091
the thirtieth day of June of each year thereafter. The report	35092
shall include the following:	35093

(1) A description of the statutory authority for the benefits	35094
provided;	35095

(2) A summary of the benefits;

35096

(3) A summary of the eligibility requirements for the	35097
benefits;	35098

(4) A statement of the number of participants eligible for	35099
the benefits;	35100

(5) A description of the accounting, asset valuation, and	35101
funding method used to provide the benefits;	35102

(6) A statement of the net assets available for the provision	35103
of the benefits as of the last day of the fiscal year;	35104

(7) A statement of any changes in the net assets available	35105
for the provision of benefits, including participant and employer	35106
contributions, net investment income, administrative expenses, and	35107
benefits provided to participants, as of the last day of the	35108
fiscal year;	35109

(8) For the last six consecutive fiscal years, a schedule of	35110
the net assets available for the benefits, the annual cost of	35111
benefits, administrative expenses incurred, and annual employer	35112
contributions allocated for the provision of benefits;	35113

(9) A description of any significant changes that affect the	35114
comparability of the report required under this division;	35115

(10) A statement of the amount paid under division (E) of	35116
section 3309.69 of the Revised Code.	35117

The board shall submit the report to the Ohio retirement	35118
study council, the director of budget and management, and the	35119
standing committees of the house of representatives and the senate	35120
with primary responsibility for retirement legislation immediately	35121
upon its availability and not later than the thirty-first day of	35122
December following the year for which the report was made.	35123

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	35124
Revised Code:	35125

(A) "Chartered nonpublic school" means a nonpublic school	35126
that holds a valid charter issued by the state board of education	35127
under section 3301.16 of the Revised Code and meets the standards	35128
established for such schools in rules adopted by the state board.	35129

(B) An "eligible student" is a student who satisfies the	35130
conditions specified in section 3310.03 or 3310.032 of the Revised	35131
Code.	35132

(C) "Parent" has the same meaning as in section 3313.98 of	35133
the Revised Code.	35134

(D) "Resident district" means the school district in which a	35135
student is entitled to attend school under section 3313.64 or	35136
3313.65 of the Revised Code.	35137

(E) "School year" has the same meaning as in section 3313.62	35138
of the Revised Code.	35139

Sec. 3310.02. (A) The educational choice scholarship pilot	35140
program is hereby established. Under the program, the department	35141
of education annually shall pay scholarships to attend chartered	35142
nonpublic schools in accordance with section 3310.08 of the	35143
Revised Code for up to the following number of eligible students:	35144

(1) Thirty thousand in the 2011-2012 school year;

35145

(2) Sixty thousand in the 2012-2013 school year and	35146
thereafter.	35147

(B) If the number of students who apply for a scholarship	35148
exceeds the number of scholarships available under division (A) of	35149
this section for the applicable school year, the department shall	35150
award scholarships in the following order of priority:	35151

(1) First, to eligible students who received scholarships in	35152
the prior school year;	35153

(2) Second, to eligible students with family incomes at or	35154
below two hundred per cent of the federal poverty guidelines, as	35155
defined in section 5101.46 of the Revised Code, who qualify under	35156
division (A) of section 3310.03 of the Revised Code. If the number	35157
of students described in division (B)(2) of this section who apply	35158
for a scholarship exceeds the number of available scholarships	35159
after awards are made under division (B)(1) of this section, the	35160
department shall select students described in division (B)(2) of	35161
this section by lot to receive any remaining scholarships.	35162

(3) Third, to other eligible students who qualify under	35163
division (A) of section 3310.03 of the Revised Code. If the number	35164
of students described in division (B)(3) of this section who apply	35165
for a scholarship exceeds the number of available scholarships	35166
after awards are made under divisions (B)(1) and (2) of this	35167
section, the department shall select students described in	35168
division (B)(3) of this section by lot to receive any remaining	35169
scholarships.	35170

(4) Fourth, to eligible students with family incomes at or	35171
below two hundred per cent of the federal poverty guidelines who	35172
qualify under division ~~(B)~~(D) of section 3310.03 of the Revised	35173
Code. If the number of students described in division (B)(4) of	35174
this section who apply for a scholarship exceeds the number of	35175
available scholarships after awards are made under divisions	35176
(B)(1) to (3) of this section, the department shall select	35177
students described in division (B)(4) of this section by lot to	35178
receive any remaining scholarships.	35179

(5) Fifth, to other eligible students who qualify under	35180
division ~~(B)~~(D) of section 3310.03 of the Revised Code. If the	35181
number of students described in division (B)(5) of this section	35182
who apply for a scholarship exceeds the number of available	35183
scholarships after awards are made under divisions (B)(1) to (4)	35184
of this section, the department shall select students described in	35185
division (B)(5) of this section by lot to receive any remaining	35186
scholarships.	35187

(6) Sixth, to eligible students with family incomes at or	35188
below two hundred per cent of the federal poverty guidelines who	35189
qualify under division (B) of section 3310.03 of the Revised Code.	35190
If the number of students described in division (B)(6) of this	35191
section who apply for a scholarship exceeds the number of	35192
available scholarships after awards are made under divisions	35193
(B)(1) to (5) of this section, the department shall select	35194
students described in division (B)(6) of this section by lot to	35195
receive any remaining scholarships.	35196

(7) Seventh, to other eligible students who qualify under	35197
division (B) of section 3310.03 of the Revised Code. If the number	35198
of students described in division (B)(7) of this section who apply	35199
for a scholarship exceeds the number of available scholarships	35200
after awards are made under divisions (B)(1) to (6) of this	35201
section, the department shall select students described in	35202
division (B)(7) of this section by lot to receive any remaining	35203
scholarships.	35204

Sec. 3310.03. A student is an "eligible student" for	35205
purposes of the educational choice scholarship pilot program if	35206
the student's resident district is not a school district in which	35207
the pilot project scholarship program is operating under sections	35208
3313.974 to 3313.979 of the Revised Code and the student satisfies	35209
one of the conditions in division (A), (B), or (C), or (D) of this	35210
section:	35211

(A)(1) The student is enrolled in a school building operated	35212
by the student's resident district that, on the report card issued	35213
under section 3302.03 of the Revised Code published prior to the	35214
first day of July of the school year for which a scholarship is	35215
sought, did not receive a rating as described in division ~~(G)~~(H)	35216
of this section, and to which any or a combination of any of the	35217
following apply for two of the three most recent report cards	35218
published prior to the first day of July of the school year for	35219
which a scholarship is sought:	35220

(a) The building was declared to be in a state of academic	35221
emergency or academic watch under section 3302.03 of the Revised	35222
Code as that section existed prior to ~~the effective date of this~~	35223
~~amendment~~March 22, 2013.	35224

(b) The building received a grade of "D" or "F" for the	35225
performance index score under division (A)(1)(b) or (B)(1)(b) of	35226
section 3302.03 of the Revised Code and for the value-added	35227
progress dimension under division (A)(1)(e) or (B)(1)(e) of	35228
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	35229
school year, or both; or if the building serves only grades ten	35230
through twelve, the building received a grade of "D" or "F" for	35231
the performance index score under division (A)(1)(b) or (B)(1)(b)	35232
of section 3302.03 of the Revised Code and had a four-year	35233
adjusted cohort graduation rate of less than seventy-five per	35234
cent.	35235

(c) The building received an overall grade of "D" or "F"	35236
under division (C)(3) of section 3302.03 of the Revised Code or a	35237
grade of "F" for the value-added progress dimension under division	35238
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	35239
school year or any school year thereafter.	35240

(2) The student is eligible to enroll in kindergarten in the	35241
school year for which a scholarship is sought and otherwise would	35242
be assigned under section 3319.01 of the Revised Code to a school	35243
building described in division (A)(1) of this section.	35244

(3) The student is enrolled in a community school established	35245
under Chapter 3314. of the Revised Code but otherwise would be	35246
assigned under section 3319.01 of the Revised Code to a building	35247
described in division (A)(1) of this section.	35248

(4) The student is enrolled in a school building operated by	35249
the student's resident district or in a community school	35250
established under Chapter 3314. of the Revised Code and otherwise	35251
would be assigned under section 3319.01 of the Revised Code to a	35252
school building described in division (A)(1) of this section in	35253
the school year for which the scholarship is sought.	35254

(5) The student is eligible to enroll in kindergarten in the	35255
school year for which a scholarship is sought, or is enrolled in a	35256
community school established under Chapter 3314. of the Revised	35257
Code, and all of the following apply to the student's resident	35258
district:	35259

(a) The district has in force an intradistrict open	35260
enrollment policy under which no student in kindergarten or the	35261
community school student's grade level, respectively, is	35262
automatically assigned to a particular school building;	35263

(b) In the most recent rating published prior to the first	35264
day of July of the school year for which scholarship is sought,	35265
the district did not receive a rating described in division ~~(G)~~(H)	35266
of this section, and in at least two of the three most recent	35267
report cards published prior to the first day of July of that	35268
school year, any or a combination of the following apply to the	35269
district:	35270

(i) The district was declared to be in a state of academic	35271
emergency under section 3302.03 of the Revised Code as it existed	35272
prior to ~~the effective date of this amendment~~March 22, 2013.	35273

(ii) The district received a grade of "D" or "F" for the	35274
performance index score under division (A)(1)(b) or (B)(1)(b) of	35275
section 3302.03 of the Revised Code and for the value-added	35276
progress dimension under division (A)(1)(e) or (B)(1)(e) of	35277
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	35278
school year, or both.	35279

(c) The district received an overall grade of "D" or "F"	35280
under division (C)(3) of section 3302.03 of the Revised Code or a	35281
grade of "F" for the value-added progress dimension under division	35282
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	35283
school year or any school year thereafter.	35284

(B)(1) The student is enrolled in a school building operated	35285
by the student's resident district and to which both of the	35286
following apply:	35287

(a) The building was ranked, for at least two of the three	35288
most recent rankings published under section 3302.21 of the	35289
Revised Code prior to the first day of July of the school year for	35290
which a scholarship is sought, in the lowest ten per cent of all	35291
public school buildings according to performance index score under	35292
section 3302.21 of the Revised Code.	35293

(b) The building was not declared to be excellent or	35294
effective, or the equivalent of such ratings as determined by the	35295
department of education, under section 3302.03 of the Revised Code	35296
in the most recent rating published prior to the first day of July	35297
of the school year for which a scholarship is sought.	35298

(2) The student is eligible to enroll in kindergarten in the	35299
school year for which a scholarship is sought and otherwise would	35300
be assigned under section 3319.01 of the Revised Code to a school	35301
building described in division (B)(1) of this section.	35302

(3) The student is enrolled in a community school established	35303
under Chapter 3314. of the Revised Code but otherwise would be	35304
assigned under section 3319.01 of the Revised Code to a building	35305
described in division (B)(1) of this section.	35306

(4) The student is enrolled in a school building operated by	35307
the student's resident district or in a community school	35308
established under Chapter 3314. of the Revised Code and otherwise	35309
would be assigned under section 3319.01 of the Revised Code to a	35310
school building described in division (B)(1) of this section in	35311
the school year for which the scholarship is sought.	35312

(C) The student is enrolled in a nonpublic school at the time	35313
the school is granted a charter by the state board of education	35314
under section 3301.16 of the Revised Code and the student meets	35315
the standards of division (B) of section 3310.031 of the Revised	35316
Code.	35317

(D) For the 2016-2017 school year and each school year	35318
thereafter, the student is in any of grades kindergarten through	35319
three, is enrolled in a school building that is operated by the	35320
student's resident district, and to which both of the following	35321
apply:	35322

(1) The building, in at least two of the three most recent	35323
ratings of school buildings published prior to the first day of	35324
July of the school year for which a scholarship is sought,	35325
received a grade of "D" or "F" for making progress in improving	35326
literacy in grades kindergarten through three under division	35327
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	35328

(2) The building did not receive a grade of "A" for making	35329
progress in improving literacy in grades kindergarten through	35330
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	35331
the Revised Code in the most recent rating published prior to the	35332
first day of July of the school year for which a scholarship is	35333
sought.	35334

(E) A student who receives a scholarship under the	35335
educational choice scholarship pilot program remains an eligible	35336
student and may continue to receive scholarships in subsequent	35337
school years until the student completes grade twelve, so long as	35338
all of the following apply:	35339

(1) The student's resident district remains the same, or the	35340
student transfers to a new resident district and otherwise would	35341
be assigned in the new resident district to a school building	35342
described in division (A)(1) or, (B)(1), or (D) of this section;	35343

(2) The student takes each assessment prescribed for the	35344
student's grade level under section 3301.0710 or 3301.0712 of the	35345
Revised Code while enrolled in a chartered nonpublic school;	35346

(3) In each school year that the student is enrolled in a	35347
chartered nonpublic school, the student is absent from school for	35348
not more than twenty days that the school is open for instruction,	35349
not including excused absences.	35350

~~(E)~~(F)(1) The department shall cease awarding first-time	35351
scholarships pursuant to divisions (A)(1) to (4) of this section	35352
with respect to a school building that, in the most recent ratings	35353
of school buildings published under section 3302.03 of the Revised	35354
Code prior to the first day of July of the school year, ceases to	35355
meet the criteria in division (A)(1) of this section. The	35356
department shall cease awarding first-time scholarships pursuant	35357
to division (A)(5) of this section with respect to a school	35358
district that, in the most recent ratings of school districts	35359
published under section 3302.03 of the Revised Code prior to the	35360
first day of July of the school year, ceases to meet the criteria	35361
in division (A)(5) of this section.	35362

(2) The department shall cease awarding first-time	35363
scholarships pursuant to divisions (B)(1) to (4) of this section	35364
with respect to a school building that, in the most recent ratings	35365
of school buildings under section 3302.03 of the Revised Code	35366
prior to the first day of July of the school year, ceases to meet	35367
the criteria in division (B)(1) of this section.	35368

(3) The department shall cease awarding first-time	35369
scholarships pursuant to division (D) of this section with respect	35370
to a school building that, in the most recent ratings of school	35371
buildings under section 3302.03 of the Revised Code prior to the	35372
first day of July of the school year, ceases to meet the criteria	35373
in division (D) of this section.	35374

(4) However, students who have received scholarships in the	35375
prior school year remain eligible students pursuant to division	35376
~~(D)~~(E) of this section.	35377

~~(F)~~(G) The state board of education shall adopt rules	35378
defining excused absences for purposes of division ~~(D)~~(E)(3) of	35379
this section.	35380

~~(G)~~(H)(1) A student who satisfies only the conditions	35381
prescribed in divisions (A)(1) to (4) of this section shall not be	35382
eligible for a scholarship if the student's resident building	35383
meets any of the following in the most recent rating under section	35384
3302.03 of the Revised Code published prior to the first day of	35385
July of the school year for which a scholarship is sought:	35386

(a) The building has an overall designation of excellent or	35387
effective under section 3302.03 of the Revised Code as it existed	35388
prior to ~~the effective date of this amendment~~March 22, 2013.	35389

(b) For the 2012-2013 or 2013-2014 school year or both, the	35390
building has a grade of "A" or "B" for the performance index score	35391
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	35392
Revised Code and for the value-added progress dimension under	35393
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	35394
Code; or if the building serves only grades ten through twelve,	35395
the building received a grade of "A" or "B" for the performance	35396
index score under division (A)(1)(b) or (B)(1)(b) of section	35397
3302.03 of the Revised Code and had a four-year adjusted cohort	35398
graduation rate of greater than or equal to seventy-five per cent.	35399

(c) For the 2014-2015 school year or any school year	35400
thereafter, the building has a grade of "A" or "B" under division	35401
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	35402
for the value-added progress dimension under division (C)(1)(e) of	35403
section 3302.03 of the Revised Code; or if the building serves	35404
only grades ten through twelve, the building received a grade of	35405
"A" or "B" for the performance index score under division	35406
(C)(1)(b) of section 3302.03 of the Revised Code and had a	35407
four-year adjusted cohort graduation rate of greater than or equal	35408
to seventy-five per cent.	35409

(2) A student who satisfies only the conditions prescribed in	35410
division (A)(5) of this section shall not be eligible for a	35411
scholarship if the student's resident district meets any of the	35412
following in the most recent rating under section 3302.03 of the	35413
Revised Code published prior to the first day of July of the	35414
school year for which a scholarship is sought:	35415

(a) The district has an overall designation of excellent or	35416
effective under section 3302.03 of the Revised Code as it existed	35417
prior to ~~the effective date of this amendment~~March 22, 2013.	35418

(b) The district has a grade of "A" or "B" for the	35419
performance index score under division (A)(1)(b) or (B)(1)(b) of	35420
section 3302.03 of the Revised Code and for the value-added	35421
progress dimension under division (A)(1)(e) or (B)(1)(e) of	35422
section 3302.03 of the Revised Code for the 2012-2013 and	35423
2013-2014 school years.	35424

(c) The district has an overall grade of "A" or "B" under	35425
division (C)(3) of section 3302.03 of the Revised Code and a grade	35426
of "A" for the value-added progress dimension under division	35427
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	35428
school year or any school year thereafter.	35429

Sec. 3310.032. (A) A student is an "eligible student" for	35430
purposes of the expansion of the educational choice scholarship	35431
pilot program under this section if the student's resident	35432
district is not a school district in which the pilot project	35433
scholarship program is operating under sections 3313.974 to	35434
3313.979 of the Revised Code and the student's family income is at	35435
or below two hundred per cent of the federal poverty guidelines,	35436
as defined in section 5101.46 of the Revised Code.	35437

(B) In each fiscal year for which the general assembly	35438
appropriates funds for purposes of this section, the department of	35439
education shall pay scholarships to attend chartered nonpublic	35440
schools in accordance with section 3310.08 of the Revised Code.	35441
The number of scholarships awarded under this section shall not	35442
exceed the number that can be funded with appropriations made by	35443
the general assembly for this purpose.	35444

(C) Scholarships under this section shall be awarded as	35445
follows:	35446

(1) For the 2013-2014 school year, to eligible students who	35447
are entering kindergarten in that school year for the first time;	35448

(2) For each subsequent school year, scholarships shall be	35449
awarded to eligible students in the next grade level above the	35450
highest grade level awarded in the preceding school year, in	35451
addition to the grade levels for which students received	35452
scholarships in the preceding school year.	35453

(D) If the number of eligible students who apply for a	35454
scholarship under this section exceeds the scholarships available	35455
based on the appropriation for this section, the department shall	35456
award scholarships in the following order of priority:	35457

(1) First, to eligible students who received scholarships	35458
under this section in the prior school year;	35459

(2) Second, to eligible students with family incomes at or	35460
below one hundred per cent of the federal poverty guidelines. If	35461
the number of students described in division (D)(2) of this	35462
section who apply for a scholarship exceeds the number of	35463
available scholarships after awards are made under division (D)(1)	35464
of this section, the department shall select students described in	35465
division (D)(2) of this section by lot to receive any remaining	35466
scholarships.	35467

(3) Third, to other eligible students who qualify under this	35468
section. If the number of students described in division (D)(3) of	35469
this section exceeds the number of available scholarships after	35470
awards are made under divisions (D)(1) and (2) of this section,	35471
the department shall select students described in division (D)(3)	35472
of this section by lot to receive any remaining scholarships.	35473

(E) A student who receives a scholarship under this section	35474
remains an eligible student and may continue to receive	35475
scholarships under this section in subsequent school years until	35476
the student completes grade twelve, so long as the student	35477
satisfies the conditions specified in divisions (E)(2) and (3) of	35478
section 3310.03 of the Revised Code.	35479

Once a scholarship is awarded under this section, the student	35480
shall remain eligible for that scholarship for the current school	35481
year and subsequent school years even if the student's family	35482
income rises above the amount specified in division (A) of this	35483
section, provided the student remains enrolled in a chartered	35484
nonpublic school.	35485

Sec. 3310.05. A scholarship under the educational choice	35486
scholarship pilot program is not available for any student whose	35487
resident district is a school district in which the pilot project	35488
scholarship program is operating under sections 3313.974 to	35489
3313.979 of the Revised Code. The two pilot programs are separate	35490
and distinct, with differing eligibility criteria. The pilot	35491
project scholarship program operating under sections 3313.974 to	35492
3313.979 of the Revised Code is a district-wide program that may	35493
award scholarships to students who do not attend district schools	35494
that face academic challenges, whereas the educational choice	35495
scholarship pilot program established under sections 3310.01 to	35496
3310.17 of the Revised Code is limited to students of individual	35497
district school buildings that face academic challenges and to	35498
students from low-income families.	35499

Sec. 3310.06. It is the policy adopted by the general	35500
assembly that the educational choice scholarship pilot program	35501
shall be construed as one of several educational options available	35502
for students enrolled in academic emergency or academic watch	35503
school buildings or for students from low-income families.	35504
Students may be enrolled in the schools of the student's resident	35505
district, in a community school established under Chapter 3314. of	35506
the Revised Code, in the schools of another school district	35507
pursuant to an open enrollment policy adopted under section	35508
3313.98 of the Revised Code, in a chartered nonpublic school with	35509
or without a scholarship under the educational choice scholarship	35510
pilot program, or in other schools as the law may provide.	35511

Sec. 3310.08. (A) The amount paid for an eligible student	35512
under the educational choice scholarship pilot program shall be	35513
the lesser of the tuition of the chartered nonpublic school in	35514
which the student is enrolled or the maximum amount prescribed in	35515
section 3310.09 of the Revised Code.	35516

(B)(1) The department of education shall pay to the parent of	35517
each eligible student for whom a scholarship is awarded under the	35518
program, or to the student if at least eighteen years of age,	35519
periodic partial payments of the scholarship.	35520

(2) The department shall proportionately reduce or terminate	35521
the payments for any student who withdraws from a chartered	35522
nonpublic school prior to the end of the school year.	35523

(C)(1) The department shall deduct from the payments made to	35524
each school district under Chapter 3317., and if necessary,	35525
sections 321.24 and 323.156 of the Revised Code, the amount paid	35526
under division (B) of this section for each eligible student	35527
~~awarded~~who qualifies for a scholarship under ~~the program~~section	35528
3310.03 of the Revised Code and who is entitled under section	35529
3313.64 or 3313.65 of the Revised Code to attend school in the	35530
district. In the case of a student entitled to attend school in a	35531
school district under division (B)(2)(a) of section 3313.64 or	35532
division (C) of section 3313.65 of the Revised Code, the	35533
department shall deduct the payments from the school district that	35534
includes the student in its average daily membership as reported	35535
to the department under section 3317.03 of the Revised Code, as	35536
determined by the department.	35537

(2) If the department reduces or terminates payments to a	35538
parent or a student, as prescribed in division (B)(2) of this	35539
section, and the student enrolls in the schools of the student's	35540
resident district or in a community school, established under	35541
Chapter 3314. of the Revised Code, before the end of the school	35542
year, the department shall proportionally restore to the resident	35543
district the amount deducted for that student under division	35544
(C)(1) of this section.	35545

Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the	35546
Revised Code:	35547

(A) "Alternative public provider" means either of the	35548
following providers that agrees to enroll a child in the	35549
provider's special education program to implement the child's	35550
individualized education program and to which the eligible	35551
applicant owes fees for the services provided to the child:	35552

(1) A school district that is not the school district in	35553
which the child is entitled to attend school or the child's school	35554
district of residence, if different;	35555

(2) A public entity other than a school district.

35556

(B) "Child with a disability" and "individualized education	35557
program" have the same meanings as in section 3323.01 of the	35558
Revised Code.	35559

35560

(1) Either of the natural or adoptive parents of a qualified	35561
special education child, except as otherwise specified in this	35562
division. When the marriage of the natural or adoptive parents of	35563
the student has been terminated by a divorce, dissolution of	35564
marriage, or annulment, or when the natural or adoptive parents of	35565
the student are living separate and apart under a legal separation	35566
decree, and a court has issued an order allocating the parental	35567
rights and responsibilities with respect to the child, "eligible	35568
applicant" means the residential parent as designated by the	35569
court. If the court issues a shared parenting decree, "eligible	35570
applicant" means either parent. "Eligible applicant" does not mean	35571
a parent whose custodial rights have been terminated.	35572

(2) The custodian of a qualified special education child,	35573
when a court has granted temporary, legal, or permanent custody of	35574
the child to an individual other than either of the natural or	35575
adoptive parents of the child or to a government agency;	35576

(3) The guardian of a qualified special education child, when	35577
a court has appointed a guardian for the child;	35578

(4) The grandparent of a qualified special education child,	35579
when the grandparent is the child's attorney in fact under a power	35580
of attorney executed under sections 3109.51 to 3109.62 of the	35581
Revised Code or when the grandparent has executed a caregiver	35582
authorization affidavit under sections 3109.65 to 3109.73 of the	35583
Revised Code;	35584

(5) The surrogate parent appointed for a qualified special	35585
education child pursuant to division (B) of section 3323.05 and	35586
section 3323.051 of the Revised Code;	35587

(6) A qualified special education child, if the child does	35588
not have a custodian or guardian and the child is at least	35589
eighteen years of age.	35590

(D) "Entitled to attend school" means entitled to attend	35591
school in a school district under sections 3313.64 and 3313.65 of	35592
the Revised Code.	35593

(E) "Formula ADM" ~~and "formula amount" have~~has the same	35594
~~meanings~~meaning as in section 3317.02 of the Revised Code.	35595

(F) "Qualified special education child" is a child for whom	35596
all of the following conditions apply:	35597

(1) The child is at least five years of age and less than	35598
twenty-two years of age.	35599

(2) The school district in which the child is entitled to	35600
attend school, or the child's school district of residence if	35601
different, has identified the child as a child with a disability.	35602

(3) The school district in which the child is entitled to	35603
attend school, or the child's school district of residence if	35604
different, has developed an individualized education program under	35605
Chapter 3323. of the Revised Code for the child.	35606

(4) The child either:

35607

(a) Was enrolled in the schools of the school district in	35608
which the child is entitled to attend school in any grade from	35609
kindergarten through twelve in the school year prior to the school	35610
year in which a scholarship is first sought for the child;	35611

(b) Is eligible to enter school in any grade kindergarten	35612
through twelve in the school district in which the child is	35613
entitled to attend school in the school year in which a	35614
scholarship is first sought for the child.	35615

(5) The department of education has not approved a	35616
scholarship for the child under the educational choice scholarship	35617
pilot program, under sections 3310.01 to 3310.17 of the Revised	35618
Code, the autism scholarship program, under section 3310.41 of the	35619
Revised Code, or the pilot project scholarship program, under	35620
sections 3313.974 to 3313.979 of the Revised Code for the same	35621
school year in which a scholarship under the Jon Peterson special	35622
needs scholarship program is sought.	35623

(6) The child and the child's parents are in compliance with	35624
the state compulsory attendance law under Chapter 3321. of the	35625
Revised Code.	35626

(G) "Registered private provider" means a nonpublic school or	35627
other nonpublic entity that has been registered by the	35628
superintendent of public instruction under section 3310.58 of the	35629
Revised Code.	35630

(H) "Scholarship" means a scholarship awarded under the Jon	35631
Peterson special needs scholarship program pursuant to sections	35632
3310.51 to 3310.64 of the Revised Code.	35633

(I) "School district of residence" has the same meaning as in	35634
section 3323.01 of the Revised Code. A community school	35635
established under Chapter 3314. of the Revised Code is not a	35636
"school district of residence" for purposes of sections 3310.51 to	35637
3310.64 of the Revised Code.	35638

(J) "School year" has the same meaning as in section 3313.62	35639
of the Revised Code.	35640

(K) "Special education program" means a school or facility	35641
that provides special education and related services to children	35642
with disabilities.	35643

Sec. 3310.56. (A) The amount of the scholarship awarded and	35644
paid to an eligible applicant for services for a qualified special	35645
education child under the Jon Peterson special needs scholarship	35646
program in each school year shall be the least of the amounts	35647
prescribed in divisions (A)(1), (2), orand (3) of this section,	35648
as follows:	35649

(1) The amount of fees charged for that school year by the	35650
alternative public provider or registered private provider;	35651

(2) The sum of the amounts calculated under divisions	35652
(A)(2)(a) and (b) of this section:	35653

(a) ~~The sum of the formula amount plus the per pupil amount~~	35654
~~of the base funding supplements specified in divisions (C)(1) to~~	35655
~~(4) of section 3317.012 of the Revised Code for fiscal year 2009~~	35656
The per pupil amount of the opportunity grant calculated under	35657
division (A)(1) of section 3317.022 for the school district in	35658
which the child is entitled to attend school;	35659

(b) An amount ~~equal to $5,732 times the following multiple~~	35660
prescribed for the child's disability as follows:	35661

(i) For a student in category one, ~~0.2892~~the amount	35662
specified in division (A) of section 3317.013 of the Revised Code;	35663

(ii) For a student in category two, ~~0.3691~~the amount	35664
specified in division (B) of section 3317.013 of the Revised Code;	35665

(iii) For a student in category three, ~~1.7695~~the amount	35666
specified in division (C) of section 3317.013 of the Revised Code;	35667

(iv) For a student in category four, ~~2.3646~~the amount	35668
specified in division (D) of section 3317.013 of the Revised Code;	35669

(v) For a student in category five, ~~3.1129~~the amount	35670
specified in division (E) of section 3317.013 of the Revised Code;	35671

(vi) For a student in category six, ~~4.7342~~the amount	35672
specified in division (F) of section 3317.013 of the Revised Code.	35673

~~Before applying the multiples specified in divisions~~	35674
~~(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted~~	35675
~~by multiplying them by 0.90.~~	35676

(3) Twenty thousand dollars.

35677

(B) As used in division (A)(2)(b) of this section, a child	35678
with a disability is in:	35679

(1) "Category one" if the ~~child's primary or only identified~~	35680
~~disability is a speech and language disability, as this term is~~	35681
~~defined pursuant to Chapter 3323.~~child is receiving special	35682
education services for a disability specified in division (A) of	35683
section 3317.013 of the Revised Code;	35684

(2) "Category two" if the child is ~~identified as specific~~	35685
~~learning disabled or developmentally disabled, as these terms are~~	35686
~~defined pursuant to Chapter 3323. of the Revised Code, or as~~	35687
~~having an other health impairment-minor, as defined in section~~	35688
~~3317.02~~receiving special education services for a disability	35689
specified in division (B) of section 3317.013 of the Revised Code;	35690

(3) "Category three" if the child is ~~identified as vision~~	35691
~~impaired, hearing disabled, or severe behavior disabled, as these~~	35692
~~terms are defined pursuant to Chapter 3323.~~receiving special	35693
education services for a disability specified in division (C) of	35694
section 3317.013 of the Revised Code;	35695

(4) "Category four" if the child is ~~identified as~~	35696
~~orthopedically disabled, as this term is defined pursuant to~~	35697
~~Chapter 3323. of the Revised Code, or as having an other health~~	35698
~~impairment-major, as defined in section 3317.02~~receiving special	35699
education services for a disability specified in division (D) of	35700
section 3317.013 of the Revised Code;	35701

(5) "Category five" if the child is ~~identified as having~~	35702
~~multiple disabilities, as this term is defined pursuant to Chapter~~	35703
~~3323.~~receiving special education services for a disability	35704
specified in division (E) of section 3317.013 of the Revised Code;	35705

(6) "Category six" if the child is ~~identified as autistic,~~	35706
~~having traumatic brain injuries, or both visually and hearing~~	35707
~~impaired, as these terms are defined pursuant to Chapter 3323.~~	35708
receiving special education services for a disability specified in	35709
division (F) of section 3317.013 of the Revised Code.	35710

Sec. 3311.05. (A) ~~The territory within the territorial~~	35711
~~limits of a county, or the territory included in a district formed~~	35712
~~under section 3311.053 of the Revised Code, exclusive of the~~	35713
~~territory embraced in any city school district or exempted village~~	35714
~~school district, and excluding the territory detached therefrom~~	35715
~~for school purposes and including the territory attached thereto~~	35716
~~for school purposes constitutes an educational service center. If~~	35717
~~the educational service center in which the territory of a local~~	35718
~~school district is located is dissolved under section 3311.0510 of~~	35719
~~the Revised Code, the territory of that local school district~~	35720
~~shall not constitute part of any educational service center.~~An	35721
educational service center is a regional public entity that	35722
provides services to public and nonpublic schools and local	35723
governments with whom they enter into an agreement to provide	35724
those services.	35725

(B) A county school financing district created under section	35726
3311.50 of the Revised Code is not the school district described	35727
in division (A) of this section or any other school district but	35728
is a taxing district.	35729

Sec. 3311.051. For purposes of this section, "client" means	35730
any local government, local, city, or exempted village school	35731
district, STEM school, community school, or chartered nonpublic	35732
school.	35733

The management and control of an educational service center	35734
shall be vested in a governing board selected in accordance with	35735
this section. Beginning on the effective date of this section, no	35736
election shall be held to elect governing board members, as	35737
formerly provided by section 3313.01 of the Revised Code, as that	35738
section existed prior to the effective date of this section.	35739
Beginning on the effective date of this section, the governing	35740
board of an educational service center shall consist of one or	35741
more persons who are appointed by the governing authority of the	35742
clients that have entered into agreements to receive services from	35743
the service center under sections 3313.843 to 3313.846 of the	35744
Revised Code.	35745

(A) All members of the governing board of any existing	35746
educational service center serving unexpired terms on the	35747
effective date of this section may continue in office until the	35748
expiration of their terms. If an elected member leaves office for	35749
any reason prior to the expiration of that member's term the	35750
vacancy shall be filled only in the manner provided in the	35751
educational service center governance plan described in division	35752
(B) of this section.	35753

(B) Subject to division (A) of this section, the number and	35754
terms of office of members of an educational service center	35755
governing board, the allocation of members to each of the	35756
participating clients, and the general governing structure of an	35757
educational service center shall be determined by a majority of	35758
the clients that have entered into an agreement with that	35759
educational service center under sections 3313.843 to 3313.846 of	35760
the Revised Code as memorialized in an educational service center	35761
governance plan. Each service center's plan shall be filed with	35762
the state board of education.	35763

(C) The members of the governing board with a plan in effect	35764
under this section may revise or rescind the plan. The revision or	35765
rescission of a plan shall be submitted to the state board.	35766

(D) Nothing in this section prohibits members of an	35767
educational service center governing board from serving on a joint	35768
vocational school district board of education as set forth in	35769
section 3311.19 of the Revised Code.	35770

Sec. 3311.053. (A) The boards of education of ~~up to five~~	35771
~~adjoining~~ educational service centers may, by identical	35772
~~resolutions~~plans adopted by a majority of the members of each	35773
governing board within any sixty-day period, combine such	35774
educational service centers into one educational service center.	35775
The ~~resolutions~~plans shall state the name of the new center,	35776
which may be styled as a "joint educational service center." The	35777
~~resolutions~~plans shall also indicate ~~whether~~ the manner in which	35778
governing board ~~of the new educational service center is to be~~	35779
~~formed in accordance with division (B) of this section, in~~	35780
~~accordance with division (A) of section 3311.054 of the Revised~~	35781
~~Code, or in accordance with section 3311.057 of the Revised Code~~	35782
members will be selected.	35783

A copy of each ~~resolution~~plan shall be filed with the state	35784
board of education. The new educational service center shall be	35785
created and the governing boards of the participating educational	35786
service centers shall be dissolved and a new governing board	35787
established thirty days after the date on which the last	35788
~~resolution~~plan was filed with the state board.	35789

(B) The initial and future members of a new governing board	35790
established in accordance with this ~~division~~section shall be	35791
~~appointed as follows:~~	35792

~~(1) If two educational service centers combine, each center's~~	35793
~~governing board, prior to its dissolution, shall appoint two~~	35794
~~members to the new governing board and the four members so~~	35795
~~selected shall select a fifth member within ten days of the date~~	35796
~~on which the last of the four members is appointed.~~	35797

~~(2) If three educational service centers combine, each~~	35798
~~center's governing board, prior to its dissolution, shall appoint~~	35799
~~one member to the new governing board and the three members so~~	35800
~~selected shall select the remaining two members of the governing~~	35801
~~board within ten days of the date on which the last of the three~~	35802
~~members is appointed.~~	35803

~~(3) If four educational service centers combine, each~~	35804
~~center's governing board, prior to its dissolution, shall appoint~~	35805
~~one member to the new governing board and the four members so~~	35806
~~selected shall select the remaining member of the governing board~~	35807
~~within ten days of the date on which the last of the four members~~	35808
~~is appointed.~~	35809

~~(4) If five educational service centers combine, each~~	35810
~~center's governing board, prior to its dissolution, shall appoint~~	35811
~~one member to the new governing board.~~	35812

~~If the members appointed to a new governing board by the~~	35813
~~governing boards of the combining educational service centers are~~	35814
~~unable to agree on the selection of the remaining members of the~~	35815
~~new governing board within ten days, the probate judge of the~~	35816
~~county in which the greatest number of pupils under the~~	35817
~~supervision of the new educational service center reside shall~~	35818
~~appoint the remaining members.~~	35819

~~Electors of the new educational service center shall elect a~~	35820
~~new governing board at the next general election occurring in an~~	35821
~~odd-numbered year and more than ninety days after the date of the~~	35822
~~appointment of the last member to the initial governing board.~~	35823
~~Members shall serve for the duration of the term to which they are~~	35824
~~elected or until their successors are elected and qualified. At~~	35825
~~such election, two members shall be elected to terms of two years~~	35826
~~and three members shall be elected to terms of four years.~~	35827
~~Thereafter, their successors shall be elected in the same manner~~	35828
~~and for the same terms as members of governing boards of all~~	35829
~~educational service centers. Each candidate for election as a~~	35830
~~member of the educational service center governing board shall~~	35831
~~file a nominating petition in accordance with section 3513.255 of~~	35832
~~the Revised Code~~selected in the manner outlined by the plan	35833
described in division (B) of section 3111.051 of the Revised Code.	35834

(C) If there is any transition period between the effective	35835
date of the merger of the service centers and the assumption of	35836
control of the new service center by the new board, the plans	35837
shall include provisions for an interim governing board which	35838
shall be appointed to govern the new service center until the time	35839
the new board is appointed and assumes control of the service	35840
center. The funds of each former educational service center shall	35841
be paid over in full to the governing board of the new educational	35842
service center, and the legal title to all property of the former	35843
governing boards shall become vested in the new governing board.	35844

The governing board of an educational service center created	35845
under this section shall honor all contracts made by the former	35846
governing boards.	35847

Sec. 3311.0510. (A) If all of the client school districts of	35848
an educational service center have terminated their agreements	35849
with the service center under division (D) of section 3313.843 of	35850
the Revised Code, upon the latest effective date of the	35851
terminations, the governing board of that service center shall be	35852
abolished and such service center shall be dissolved by order of	35853
the superintendent of public instruction. The superintendent's	35854
order shall provide for the equitable division and disposition of	35855
the assets, property, debts, and obligations of the service center	35856
among the school districts that were client school districts of	35857
the service center for the service center's last fiscal year of	35858
operation. The superintendent's order shall provide that the tax	35859
duplicate of each of those school districts shall be bound for and	35860
assume the district's equitable share of the outstanding	35861
indebtedness of the service center. The superintendent's order is	35862
final and is not appealable.	35863

Immediately upon the abolishment of the service center	35864
governing board pursuant to this section, the superintendent of	35865
public instruction shall appoint a qualified individual to	35866
administer the dissolution of the service center and to implement	35867
the terms of the superintendent's dissolution order.	35868

Prior to distributing assets to any school district under	35869
this section, but after paying in full other debts and obligations	35870
of the service center under this section, the superintendent of	35871
public instruction may assess against the remaining assets of the	35872
service center the amount of the costs incurred by the department	35873
of education in performing the superintendent's duties under this	35874
division, including the fees, if any, owed to the individual	35875
appointed to administer the superintendent's dissolution order.	35876
Any excess cost incurred by the department under this division	35877
shall be divided equitably among the school districts that were	35878
client school districts of the service center for the service	35879
center's last fiscal year of operation. Each district's share of	35880
that excess cost shall be bound against the tax duplicate of that	35881
district.	35882

(B) A final audit of the former service center shall be	35883
performed in accordance with procedures established by the auditor	35884
of state.	35885

(C) The public records of an educational service center that	35886
is dissolved under this section shall be transferred in accordance	35887
with this division. Public records maintained by the service	35888
center in connection with services provided by the service center	35889
to local school districts of which the territory of the service	35890
center is or previously was made up shall be transferred to each	35891
of the respective local school districts. Public records	35892
maintained by the service center in connection with services	35893
provided to client school districts shall be transferred to each	35894
of the respective client school districts. All other public	35895
records maintained by the service center at the time the service	35896
center ceases operations shall be transferred to the Ohio	35897
historical society for analysis and disposition by the society in	35898
its capacity as archives administrator for the state and its	35899
political subdivisions pursuant to division (C) of section 149.30	35900
and section 149.31 of the Revised Code.	35901

(D) As used in this section, "client school district" ~~has the~~	35902
~~same meaning as in section 3317.11 of the Revised Code~~means a	35903
city, exempted village, or local school district that has entered	35904
into an agreement under section 3313.843 or 3313.845 of the	35905
Revised Code to receive any services from an educational service	35906
center.	35907

Sec. 3311.19. (A) The management and control of a joint	35908
vocational school district shall be vested in the joint vocational	35909
school district board of education. Where a joint vocational	35910
school district is composed only of two or more local school	35911
districts located in one county, or when all the participating	35912
districts are in one county and the boards of such participating	35913
districts so choose, the educational service center governing	35914
board of the county in which the joint vocational school district	35915
is located shall serve as the joint vocational school district	35916
board of education. Where a joint vocational school district is	35917
composed of local school districts of more than one county, or of	35918
any combination of city, local, or exempted village school	35919
districts or educational service centers, unless administration by	35920
the educational service center governing board has been chosen by	35921
all the participating districts in one county pursuant to this	35922
section, the board of education of the joint vocational school	35923
district shall be composed of one or more persons who are members	35924
of the boards of education from each of the city or exempted	35925
village school districts or members of the educational service	35926
centers' governing boards affected to be appointed by the boards	35927
of education or governing boards of such school districts and	35928
educational service centers. In such joint vocational school	35929
districts the number and terms of members of the joint vocational	35930
school district board of education and the allocation of a given	35931
number of members to each of the city and exempted village	35932
districts and educational service centers shall be determined in	35933
the plan for such district, provided that each such joint	35934
vocational school district board of education shall be composed of	35935
an odd number of members.	35936

(B) Notwithstanding division (A) of this section, a governing	35937
board of an educational service center that has members of its	35938
governing board serving on a joint vocational school district	35939
board of education may make a request to the joint vocational	35940
district board that the joint vocational school district plan be	35941
revised to provide for one or more members of boards of education	35942
of ~~local~~ school districts that have entered into an agreement	35943
under section 3313.843 or 3313.845 of the Revised Code to receive	35944
any services from an educational service center and are ~~within the~~	35945
~~territory of the educational service district and~~ within the joint	35946
vocational school district to serve in the place of or in addition	35947
to its educational service center governing board members. If	35948
agreement is obtained among a majority of the boards of education	35949
and governing boards that have a member serving on the joint	35950
vocational school district board of education and among a majority	35951
of the ~~local school district~~ boards of education ~~included in the~~	35952
~~district and located within the territory~~ of school districts that	35953
have entered into an agreement under section 3313.843 or 3313.845	35954
of the Revised Code to receive any services from the educational	35955
service center whose board requests the substitution or addition,	35956
the state board of education may revise the joint vocational	35957
school district plan to conform with such agreement.	35958

(C) If the board of education of any school district or	35959
educational service center governing board included within a joint	35960
vocational district that has had its board or governing board	35961
membership revised under division (B) of this section requests the	35962
joint vocational school district board to submit to the state	35963
board of education a revised plan under which one or more joint	35964
vocational board members chosen in accordance with a plan revised	35965
under such division would again be chosen in the manner prescribed	35966
by division (A) of this section, the joint vocational board shall	35967
submit the revised plan to the state board of education, provided	35968
the plan is agreed to by a majority of the boards of education	35969
represented on the joint vocational board, a majority of the ~~local~~	35970
~~school district~~ boards of school districts that have entered into	35971
an agreement under section 3313.843 or 3313.845 of the Revised	35972
Code to receive any services from an educational service center	35973
that are included within the joint vocational district, and each	35974
educational service center governing board affected by such plan.	35975
The state board of education may revise the joint vocational	35976
school district plan to conform with the revised plan.	35977

(D) The vocational schools in such joint vocational school	35978
district shall be available to all youth of school age within the	35979
joint vocational school district subject to the rules adopted by	35980
the joint vocational school district board of education in regard	35981
to the standards requisite to admission. A joint vocational school	35982
district board of education shall have the same powers, duties,	35983
and authority for the management and operation of such joint	35984
vocational school district as is granted by law, except by this	35985
chapter and Chapters 124., 3317., 3323., and 3331. of the Revised	35986
Code, to a board of education of a city school district, and shall	35987
be subject to all the provisions of law that apply to a city	35988
school district, except such provisions in this chapter and	35989
Chapters 124., 3317., 3323., and 3331. of the Revised Code.	35990

(E) Where a governing board of an educational service center	35991
has been designated to serve as the joint vocational school	35992
district board of education, the educational service center	35993
superintendent shall be the executive officer for the joint	35994
vocational school district, and the governing board may provide	35995
for additional compensation to be paid to the educational service	35996
center superintendent by the joint vocational school district, but	35997
the educational service center superintendent shall have no	35998
continuing tenure other than that of educational service center	35999
superintendent. The superintendent of schools of a joint	36000
vocational school district shall exercise the duties and authority	36001
vested by law in a superintendent of schools pertaining to the	36002
operation of a school district and the employment and supervision	36003
of its personnel. The joint vocational school district board of	36004
education shall appoint a treasurer of the joint vocational school	36005
district who shall be the fiscal officer for such district and who	36006
shall have all the powers, duties, and authority vested by law in	36007
a treasurer of a board of education. Where a governing board of an	36008
educational service center has been designated to serve as the	36009
joint vocational school district board of education, such board	36010
may appoint the educational service center superintendent as the	36011
treasurer of the joint vocational school district.	36012

(F) Each member of a joint vocational school district board	36013
of education may be paid such compensation as the board provides	36014
by resolution, but it shall not exceed one hundred twenty-five	36015
dollars per member for each meeting attended plus mileage, at the	36016
rate per mile provided by resolution of the board, to and from	36017
meetings of the board.	36018

The board may provide by resolution for the deduction of	36019
amounts payable for benefits under section 3313.202 of the Revised	36020
Code.	36021

Each member of a joint vocational school district board may	36022
be paid such compensation as the board provides by resolution for	36023
attendance at an approved training program, provided that such	36024
compensation shall not exceed sixty dollars per day for attendance	36025
at a training program three hours or fewer in length and one	36026
hundred twenty-five dollars a day for attendance at a training	36027
program longer than three hours in length. However, no board	36028
member shall be compensated for the same training program under	36029
this section and section 3313.12 of the Revised Code.	36030

Sec. 3311.22. A governing board of an educational service	36031
center may propose, by resolution adopted by majority vote of its	36032
full membership, or qualified electors of the area affected equal	36033
in number to at least fifty-five per cent of the qualified	36034
electors voting at the last general election residing within that	36035
portion of a school district, or districts proposed to be	36036
transferred may propose, by petition, the transfer of a part or	36037
all of one or more local school districts to another local school	36038
district or districts within the territory of the educational	36039
service center. Such transfers may be made only to local school	36040
districts adjoining the school district that is proposed to be	36041
transferred, unless the board of education of the district	36042
proposed to be transferred has entered into an agreement pursuant	36043
to section 3313.42 of the Revised Code, in which case such	36044
transfers may be made to any local school district within the	36045
territory of the educational service center.	36046

When a governing board of an educational service center	36047
adopts a resolution proposing a transfer of school territory it	36048
shall forthwith file a copy of such resolution, together with an	36049
accurate map of the territory described in the resolution, with	36050
the board of education of each school district whose boundaries	36051
would be altered by such proposal. A governing board of an	36052
educational service center proposing a transfer of territory under	36053
the provisions of this section shall at its next regular meeting	36054
that occurs not earlier than thirty days after the adoption by the	36055
governing board of a resolution proposing such transfer, adopt a	36056
resolution making the transfer effective at any time prior to the	36057
next succeeding first day of July, unless, prior to the expiration	36058
of such thirty-day period, qualified electors residing in the area	36059
proposed to be transferred, equal in number to a majority of the	36060
qualified electors voting at the last general election, file a	36061
petition of referendum against such transfer.	36062

Any petition of transfer or petition of referendum filed	36063
under the provisions of this section shall be filed at the office	36064
of the educational service center superintendent. The person	36065
presenting the petition shall be given a receipt containing	36066
thereon the time of day, the date, and the purpose of the	36067
petition.	36068

The educational service center superintendent shall cause the	36069
board of elections to check the sufficiency of signatures on any	36070
petition of transfer or petition of referendum filed under this	36071
section and, if found to be sufficient, the superintendent shall	36072
present the petition to the educational service center governing	36073
board at a meeting of the board which shall occur not later than	36074
thirty days following the filing of the petition.	36075

Upon presentation to the educational service center governing	36076
board of a proposal to transfer territory as requested by petition	36077
of fifty-five per cent of the qualified electors voting at the	36078
last general election or a petition of referendum against a	36079
proposal of the county board to transfer territory, the governing	36080
board shall promptly certify the proposal to the board of	36081
elections for the purpose of having the proposal placed on the	36082
ballot at the next general or primary election which occurs not	36083
less than ninety days after the date of such certification, or at	36084
a special election, the date of which shall be specified in the	36085
certification, which date shall not be less than ninety days after	36086
the date of such certification. Signatures on a petition of	36087
transfer or petition of referendum may be withdrawn up to and	36088
including the above mentioned meeting of the educational service	36089
center governing board only by order of the board upon testimony	36090
of the petitioner concerned under oath before the board that the	36091
petitioner's signature was obtained by fraud, duress, or	36092
misrepresentation.	36093

If a petition is filed with the educational service center	36094
governing board which proposes the transfer of a part or all of	36095
the territory included in a resolution of transfer previously	36096
adopted by the educational service center governing board, no	36097
action shall be taken on such petition if within the thirty-day	36098
period after the adoption of the resolution of transfer a	36099
referendum petition is filed. After the election, if the proposed	36100
transfer fails to receive a majority vote, action on such petition	36101
shall then be processed under this section as though originally	36102
filed under the provisions hereof. If no referendum petition is	36103
filed within the thirty-day period after the adoption of the	36104
resolution of transfer, no action shall be taken on such petition.	36105

If a petition is filed with the educational service center	36106
governing board which proposes the transfer of a part or all of	36107
the territory included in a petition previously filed by electors	36108
no action shall be taken on such new petition.	36109

Upon certification of a proposal to the board or boards of	36110
elections pursuant to this section, the board or boards of	36111
elections shall make the necessary arrangements for the submission	36112
of such question to the electors of the county or counties	36113
qualified to vote thereon, and the election shall be conducted and	36114
canvassed and the results shall be certified in the same manner as	36115
in regular elections for the election of members of a board of	36116
education.	36117

The persons qualified to vote upon a proposal are the	36118
electors residing in the district or districts containing	36119
territory that is proposed to be transferred. If the proposed	36120
transfer be approved by at least a majority of the electors voting	36121
on the proposal, the educational service center governing board	36122
shall make such transfer at any time prior to the next succeeding	36123
first day of July. If the proposed transfer is not approved by at	36124
least a majority of the electors voting on the proposal, the	36125
question of transferring any property included in the territory	36126
covered by the proposal shall not be submitted to electors at any	36127
election prior to the first general election the date of which is	36128
at least two years after the date of the original election, or the	36129
first primary election held in an even-numbered year the date of	36130
which is at least two years after the date of the original	36131
election. A transfer shall be subject to the approval of the	36132
receiving board or boards of education, unless the proposal was	36133
initiated by the educational service center governing board, in	36134
which case, if the transfer is opposed by the board of education	36135
offered the territory, the local board may, within thirty days,	36136
following the receipt of the notice of transfer, appeal to the	36137
state board of education which shall then either approve or	36138
disapprove the transfer.	36139

Following an election upon a proposed transfer initiated by a	36140
petition the board of education that is offered territory shall,	36141
within thirty days following receipt of the proposal, either	36142
accept or reject the transfer.	36143

When an entire school district is proposed to be transferred	36144
to two or more school districts and the offer is rejected by any	36145
one of the receiving boards of education, none of the territory	36146
included in the proposal shall be transferred.	36147

Upon the acceptance of territory by the receiving board or	36148
boards of education the educational service center governing board	36149
offering the territory shall file with the county auditor and with	36150
the state board of education an accurate map showing the	36151
boundaries of the territory transferred.	36152

Upon the making of such transfer, the net indebtedness of the	36153
former district from which territory was transferred shall be	36154
apportioned between the acquiring school district and that portion	36155
of the former school district remaining after the transfer in the	36156
ratio which the assessed valuation of the territory transferred to	36157
the acquiring school district bears to the assessed valuation of	36158
the original school district as of the effective date of the	36159
transfer. As used in this section "net indebtedness" means the	36160
difference between the par value of the outstanding and unpaid	36161
bonds and notes of the school district and the amount held in the	36162
sinking fund and other indebtedness retirement funds for their	36163
redemption.	36164

~~If an entire district is transferred, any indebtedness of the~~	36165
~~former district incurred as a result of a loan made under section~~	36166
~~3317.64 of the Revised Code is hereby canceled and such~~	36167
~~indebtedness shall not be apportioned among any districts~~	36168
~~acquiring the territory.~~	36169

Upon the making of any transfer under this section, the funds	36170
of the district from which territory was transferred shall be	36171
divided equitably by the educational service center governing	36172
board between the acquiring district and any part of the original	36173
district remaining after the transfer.	36174

If an entire district is transferred the board of education	36175
of such district is thereby abolished or if a member of the board	36176
of education lives in that part of a school district transferred	36177
the member becomes a nonresident of the school district from which	36178
the territory was transferred and such member ceases to be a	36179
member of the board of education of such district.	36180

The legal title of all property of the board of education in	36181
the territory transferred shall become vested in the board of	36182
education of the school district to which such territory is	36183
transferred.	36184

Subsequent to June 30, 1959, if an entire district is	36185
transferred, foundation program moneys accruing to a district	36186
accepting school territory under the provisions of this section or	36187
former section 3311.22 of the Revised Code, shall not be less, in	36188
any year during the next succeeding three years following the	36189
transfer, than the sum of the amounts received by the districts	36190
separately in the year in which the transfer was consummated.	36191

Sec. 3311.231. A governing board of an educational service	36192
center may propose, by resolution adopted by majority vote of its	36193
full membership, or qualified electors of the area affected equal	36194
in number to not less than fifty-five per cent of the qualified	36195
electors voting at the last general election residing within that	36196
portion of a school district proposed to be transferred may	36197
propose, by petition, the transfer of a part or all of one or more	36198
local school districts within the territory of the center to an	36199
adjoining educational service center or to an adjoining city or	36200
exempted village school district.	36201

A governing board of an educational service center adopting a	36202
resolution proposing a transfer of school territory under this	36203
section shall file a copy of such resolution together with an	36204
accurate map of the territory described in the resolution, with	36205
the board of education of each school district whose boundaries	36206
would be altered by such proposal. Where a transfer of territory	36207
is proposed by a governing board of an educational service center	36208
under this section, the governing board shall, at its next regular	36209
meeting that occurs not earlier than the thirtieth day after the	36210
adoption by the governing board of the resolution proposing such	36211
transfer, adopt a resolution making the transfer as originally	36212
proposed, effective at any time prior to the next succeeding first	36213
day of July, unless, prior to the expiration of such thirty-day	36214
period, qualified electors residing in the area proposed to be	36215
transferred, equal in number to a majority of the qualified	36216
electors voting at the last general election, file a petition of	36217
referendum against such transfer.	36218

Any petition of transfer or petition of referendum under the	36219
provisions of this section shall be filed at the office of the	36220
educational service center superintendent. The person presenting	36221
the petition shall be given a receipt containing thereon the time	36222
of day, the date, and the purpose of the petition.	36223

The educational service center superintendent shall cause the	36224
board of elections to check the sufficiency of signatures on any	36225
such petition, and, if found to be sufficient, the superintendent	36226
shall present the petition to the educational service center	36227
governing board at a meeting of said governing board which shall	36228
occur not later than thirty days following the filing of said	36229
petition.	36230

The educational service center governing board shall promptly	36231
certify the proposal to the board of elections of such counties in	36232
which school districts whose boundaries would be altered by such	36233
proposal are located for the purpose of having the proposal placed	36234
on the ballot at the next general or primary election which occurs	36235
not less than ninety days after the date of such certification or	36236
at a special election, the date of which shall be specified in the	36237
certification, which date shall not be less than ninety days after	36238
the date of such certification.	36239

Signatures on a petition of transfer or petition of	36240
referendum may be withdrawn up to and including the above	36241
mentioned meeting of the educational service center governing	36242
board only by order of the governing board upon testimony of the	36243
petitioner concerned under oath before the board that the	36244
petitioner's signature was obtained by fraud, duress, or	36245
misrepresentation.	36246

If a petition is filed with the educational service center	36247
governing board which proposes the transfer of a part or all of	36248
the territory included either in a petition previously filed by	36249
electors or in a resolution of transfer previously adopted by the	36250
educational service center governing board, no action shall be	36251
taken on such new petition as long as the previously initiated	36252
proposal is pending before the governing board or is subject to an	36253
election.	36254

Upon certification of a proposal to the board or boards of	36255
elections pursuant to this section, the board or boards of	36256
elections shall make the necessary arrangements for the submission	36257
of such question to the electors of the county or counties	36258
qualified to vote thereon, and the election shall be conducted and	36259
canvassed and the results shall be certified in the same manner as	36260
in regular elections for the election of members of a board of	36261
education.	36262

The persons qualified to vote upon a proposal are the	36263
electors residing in the district or districts containing	36264
territory that is proposed to be transferred. If the proposed	36265
transfer is approved by at least a majority of the electors voting	36266
on the proposal, the educational service center governing board	36267
shall make such transfer at any time prior to the next succeeding	36268
first day of July, subject to the approval of the receiving board	36269
of education in case of a transfer to a city or exempted village	36270
school district, and subject to the approval of the educational	36271
service center governing board of the receiving center, in case of	36272
a transfer to an educational service center. If the proposed	36273
transfer is not approved by at least a majority of the electors	36274
voting on the proposal, the question of transferring any property	36275
included in the territory covered by the proposal shall not be	36276
submitted to electors at any election prior to the first general	36277
election the date of which is at least two years after the date of	36278
the original election, or the first primary election held in an	36279
even-numbered year the date of which is at least two years after	36280
the date of the original election.	36281

Where a territory is transferred under this section to a city	36282
or exempted village school district, the board of education of	36283
such district shall, and where territory is transferred to an	36284
educational service center the governing board of such educational	36285
service center shall, within thirty days following receipt of the	36286
proposal, either accept or reject the transfer.	36287

Where a governing board of an educational service center	36288
adopts a resolution accepting territory transferred to the	36289
educational service center under the provisions of sections	36290
3311.231 and 3311.24 of the Revised Code, the governing board	36291
shall, at the time of the adoption of the resolution accepting the	36292
territory, designate the school district to which the accepted	36293
territory shall be annexed.	36294

When an entire school district is proposed to be transferred	36295
to two or more adjoining school districts and the offer is	36296
rejected by any one of the receiving boards of education, none of	36297
the territory included in the proposal shall be transferred.	36298

Upon the acceptance of territory by the receiving board or	36299
boards of education the educational service center governing board	36300
offering the territory shall file with the county auditor of each	36301
county affected by the transfer and with the state board of	36302
education an accurate map showing the boundaries of the territory	36303
transferred.	36304

Upon the making of such transfer, the net indebtedness of the	36305
former district from which territory was transferred shall be	36306
apportioned between the acquiring school district and the portion	36307
of the former school district remaining after the transfer in the	36308
ratio which the assessed valuation of the territory transferred to	36309
the acquiring school district bears to the assessed valuation of	36310
the original school district as of the effective date of the	36311
transfer. As used in this section "net indebtedness" means the	36312
difference between the par value of the outstanding and unpaid	36313
bonds and notes of the school district and the amount held in the	36314
sinking fund and other indebtedness retirement funds for their	36315
redemption.	36316

~~If an entire district is transferred, any indebtedness of the~~	36317
~~former district incurred as a result of a loan made under section~~	36318
~~3317.64 of the Revised Code is hereby canceled and such~~	36319
~~indebtedness shall not be apportioned among any districts~~	36320
~~acquiring the territory.~~	36321

Upon the making of any transfer under this section, the funds	36322
of the district from which territory was transferred shall be	36323
divided equitably by the educational service center governing	36324
board, between the acquiring district and any part of the original	36325
district remaining after the transfer.	36326

If an entire district is transferred the board of education	36327
of such district is thereby abolished or if a member of the board	36328
of education lives in that part of a school district transferred	36329
the member becomes a nonresident of the school district from which	36330
the territory was transferred and such member ceases to be a	36331
member of the board of education of such district.	36332

The legal title of all property of the board of education in	36333
the territory transferred shall become vested in the board of	36334
education of the school district to which such territory is	36335
transferred.	36336

If an entire district is transferred, foundation program	36337
moneys accruing to a district receiving school territory under the	36338
provisions of this section shall not be less, in any year during	36339
the next succeeding three years following the transfer, than the	36340
sum of the amounts received by the districts separately in the	36341
year in which the transfer was consummated.	36342

Sec. 3311.38. The state board of education may conduct, or	36343
may direct the superintendent of public instruction to conduct,	36344
studies where there is evidence of need for transfer of local,	36345
exempted village, or city school districts, or parts of any such	36346
districts, to contiguous or noncontiguous local, exempted village,	36347
or city school districts. Such studies shall include a study of	36348
the effect of any proposal upon any portion of a school district	36349
remaining after such proposed transfer. The state board, in	36350
conducting such studies and in making recommendations as a result	36351
thereof, shall consider the possibility of improving school	36352
district organization as well as the desires of the residents of	36353
the school districts which would be affected.	36354

(A) After the adoption of recommendations growing out of any	36355
such study, or upon receipt of a resolution adopted by majority	36356
vote of the full membership of the board of any city, local, or	36357
exempted village school district requesting that the entire	36358
district be transferred to another city, local, or exempted	36359
village school district, the state board may propose by resolution	36360
the transfer of territory, which may consist of part or all of the	36361
territory of a local, exempted village, or city school district to	36362
a contiguous local, exempted village, or city school district.	36363

The state board shall thereupon file a copy of such proposal	36364
with the board of education of each school district whose	36365
boundaries would be altered by the proposal and with the governing	36366
board of any educational service center in which such school	36367
district is located.	36368

The state board may, not less than thirty days following the	36369
adoption of the resolution proposing the transfer of territory,	36370
certify the proposal to the board of elections of the county or	36371
counties in which any of the territory of the proposed district is	36372
located, for the purpose of having the proposal placed on the	36373
ballot at the next general election or at a primary election	36374
occurring not less than ninety days after the adoption of such	36375
resolution.	36376

If any proposal has been previously initiated pursuant to	36377
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	36378
affects any of the territory affected by the proposal of the state	36379
board, the proposal of the state board shall not be placed on the	36380
ballot while the previously initiated proposal is subject to an	36381
election.	36382

Upon certification of a proposal to the board of elections of	36383
any county pursuant to this section, the board of elections of	36384
such county shall make the necessary arrangements for the	36385
submission of such question to the electors of the county	36386
qualified to vote thereon, and the election shall be counted and	36387
canvassed and the results shall be certified in the same manner as	36388
in regular elections for the election of members of a board of	36389
education.	36390

The electors qualified to vote upon a proposal are the	36391
electors residing in the local, exempted village, or city school	36392
districts, containing territory proposed to be transferred.	36393

If the proposed transfer be approved by a majority of the	36394
electors voting on the proposal, the state board, subject to the	36395
approval of the board of education of the district to which the	36396
territory would be transferred, shall make such transfer prior to	36397
the next succeeding July 1.	36398

(B) If a study conducted in accordance with this section	36399
involves a school district with less than four thousand dollars of	36400
assessed value for each pupil in the total student count	36401
determined under section 3317.03 of the Revised Code, the state	36402
board of education, with the approval of the educational service	36403
center governing board, and upon recommendation by the state	36404
superintendent of public instruction, may by resolution transfer	36405
all or any part of such a school district to any city, exempted	36406
village, or local school district which has more than twenty-five	36407
thousand pupils in average daily membership. Such resolution of	36408
transfer shall be adopted only after the board of education of the	36409
receiving school district has adopted a resolution approving the	36410
proposed transfer. For the purposes of this division, the assessed	36411
value shall be as certified in accordance with section 3317.021 of	36412
the Revised Code.	36413

(C) Upon the making of a transfer of an entire school	36414
district pursuant to this section, the indebtedness of the	36415
district transferred shall be assumed in full by the acquiring	36416
district and the funds of the district transferred shall be paid	36417
over in full to the acquiring district~~, except that any~~	36418
~~indebtedness of the transferred district incurred as a result of a~~	36419
~~loan made under section 3317.64 of the Revised Code is hereby~~	36420
~~canceled and shall not be assumed by the acquiring district~~.	36421

(D) Upon the making of a transfer pursuant to this section,	36422
when only part of a district is transferred, the net indebtedness	36423
of each original district of which only a part is taken by the	36424
acquiring district shall be apportioned between the acquiring	36425
district and the original district in the ratio which the assessed	36426
valuation of the part taken by the acquiring district bears to the	36427
assessed valuation of the original district as of the effective	36428
date of the transfer. As used in this section "net indebtedness"	36429
means the difference between the par value of the outstanding and	36430
unpaid bonds and notes of the school district and the amount held	36431
in the sinking fund and other indebtedness retirement funds for	36432
their redemption.	36433

(E) Upon the making of a transfer pursuant to this section,	36434
when only part of a district is transferred, the funds of the	36435
district from which territory was transferred shall be divided	36436
equitably by the state board between the acquiring district and	36437
that part of the former district remaining after the transfer.	36438

(F) If an entire school district is transferred, the board of	36439
education of such district is thereby abolished. If part of a	36440
school district is transferred, any member of the board of	36441
education who is a legal resident of that part which is	36442
transferred shall thereby cease to be a member of that board.	36443

If an entire school district is transferred, foundation	36444
program moneys accruing to a district accepting school territory	36445
under the provisions of this section shall not be less, in any	36446
year during the next succeeding three years following the	36447
transfer, than the sum of the amounts received by the districts	36448
separately in the year in which the transfer became effective.	36449

Sec. 3311.78. Notwithstanding any provision of the Revised	36450
Code to the contrary, a municipal school district shall be subject	36451
to this section instead of sections ~~3317.13,~~ 3317.14, and 3317.141	36452
of the Revised Code.	36453

(A) As used in this section, "principal" includes an	36454
assistant principal.	36455

(B) The board of education of each municipal school district	36456
annually shall adopt a differentiated salary schedule for teachers	36457
based upon performance as described in division (D) of this	36458
section. The board also annually shall adopt a differentiated	36459
salary schedule for principals based upon performance as described	36460
in division (D) of this section.	36461

For each teacher or principal hired on or after ~~the effective~~	36462
~~date of this section~~October 1, 2012, the board shall determine	36463
the teacher's or principal's initial placement on the applicable	36464
salary schedule based on years of experience and area of licensure	36465
and any other factors the board considers appropriate. For each	36466
teacher hired prior to ~~the effective date of this section~~October	36467
1, 2012, the board shall initially place the teacher on the	36468
applicable salary schedule so that the teacher's annual salary on	36469
the schedule is comparable to the teacher's annual salary for the	36470
school year immediately prior to the school year covered by the	36471
schedule. For each principal hired prior to ~~the effective date of~~	36472
~~this section~~October 1, 2012, the board shall initially place the	36473
principal on the applicable salary schedule consistent with the	36474
principal's employment contract.	36475

(C) The salary of a teacher shall not be reduced unless such	36476
reduction is accomplished as part of a negotiated collective	36477
bargaining agreement. The salary of a principal shall not be	36478
reduced during the term of the principal's employment contract	36479
unless such reduction is by mutual agreement of the board and the	36480
principal or is part of a uniform plan affecting the entire	36481
district.	36482

(D) For purposes of the schedules, the board shall measure a	36483
teacher's or principal's performance by considering all of the	36484
following:	36485

(1) The level of license issued under section 3319.22 of the	36486
Revised Code that the teacher or principal holds;	36487

(2) Whether the teacher or principal is a highly qualified	36488
teacher, as defined in section 3319.074 of the Revised Code;	36489

(3) Ratings received by the teacher or principal on	36490
performance evaluations conducted under section 3311.80 or 3311.84	36491
of the Revised Code;	36492

(4) Any specialized training and experience in the assigned	36493
position.	36494

(E) The salary schedules adopted under this section may	36495
provide for additional compensation for teachers or principals who	36496
perform duties, not contracted for under a supplemental contract,	36497
that the board determines warrant additional compensation. Those	36498
duties may include, but are not limited to, assignment to a school	36499
building eligible for funding under Title I of the "Elementary and	36500
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.;	36501
assignment to a building in "school improvement" status under the	36502
"No Child Left Behind Act of 2001," as defined in section 3302.01	36503
of the Revised Code; teaching in a grade level or subject area in	36504
which the board has determined there is a shortage within the	36505
district; assignment to a hard-to-staff school, as determined by	36506
the board; or teaching in a school with an extended school day or	36507
school year.	36508

(F) The chief executive officer of the district, or the chief	36509
executive officer's designee, annually shall review the salary of	36510
each teacher and principal and make a recommendation to the board.	36511
Based on the recommendation, the board may increase a teacher's or	36512
principal's salary based on the teacher's or principal's	36513
performance and duties as provided for in divisions (D) and (E) of	36514
this section. The performance-based increase for a teacher or	36515
principal rated as accomplished shall be greater than the	36516
performance-based increase for a teacher or principal rated as	36517
proficient. Notwithstanding division (C) of this section, division	36518
(C) of section 3319.02, and section 3319.12 of the Revised Code,	36519
the board may decrease the teacher's or principal's salary if the	36520
teacher or principal will perform fewer or different duties	36521
described in division (E) of this section in the school year for	36522
which the salary is decreased.	36523

(G) Notwithstanding any provision to the contrary in Chapter	36524
4117. of the Revised Code, the requirements of this section	36525
prevail over any conflicting provisions of a collective bargaining	36526
agreement entered into on or after ~~the effective date of this~~	36527
~~section~~October 1, 2012. However, the board and the teachers'	36528
labor organization shall negotiate the implementation of the	36529
differentiated salary schedule for teachers and may negotiate	36530
additional factors regarding teacher salaries, provided those	36531
factors are consistent with this section.	36532

Sec. 3312.08. Each fiscal agent selected by the department	36533
of education pursuant to section 3312.07 of the Revised Code shall	36534
do all of the following:	36535

(A) Enter into performance contracts with the department in	36536
accordance with section 3312.09 of the Revised Code for the	36537
implementation of state and regional education initiatives and	36538
school improvement efforts;	36539

(B) Receive federal and state funds, including federal funds	36540
for the provision of special education and related services, as	36541
specified in the performance contracts, and disburse those funds	36542
as specified in the performance contracts to educational service	36543
centers, information technology centers, and other regional	36544
service providers. However, any funds owed to an educational	36545
service center in accordance with an agreement entered into under	36546
section ~~3317.11~~3313.843, 3313.844, or 3313.845 of the Revised	36547
Code shall be paid directly to the service center by the	36548
department ~~in accordance with that section~~ and any operating funds	36549
appropriated for an information technology center shall be paid	36550
directly to the information technology center by the department	36551
pursuant to section 3301.075 of the Revised Code.	36552

(C) Implement any expenditure of funds recommended by the	36553
advisory council for the region pursuant to section 3312.04 of the	36554
Revised Code or required by the terms of any performance contract,	36555
unless there are insufficient funds available to the region to pay	36556
for the expenditure or the expenditure violates a provision of the	36557
Revised Code, a rule of the state board of education regarding	36558
such expenditure, or the terms of a performance contract;	36559

(D) Exercise fiscal oversight of the implementation of state	36560
and regional education initiatives and school improvement efforts.	36561

Sec. 3313.01. In local and exempted village school districts	36562
~~an educational service centers, except as provided in section~~	36563
~~3311.054 and 3311.056 of the Revised Code~~, the board of education	36564
~~or governing board of an educational service center~~ shall consist	36565
of five members who shall be electors residing in the territory	36566
composing the respective districts and shall be elected at large	36567
in their respective districts.	36568

Sec. 3313.11. Notwithstanding division (D) of section	36569
3311.19 and division (D) of section 3311.52 of the Revised Code,	36570
this section does not apply to any joint vocational or cooperative	36571
education school district.	36572

A vacancy in any board of education may be caused by death,	36573
nonresidence, resignation, removal from office, failure of a	36574
person elected or appointed to qualify within ten days after the	36575
organization of the board or of appointment or election, removal	36576
from the district, or absence from meetings of the board for a	36577
period of ninety days, if such absence is caused by reasons	36578
declared insufficient by a two-thirds vote of the remaining	36579
members of the board, which vote must be taken and entered upon	36580
the records of the board not less than thirty days after such	36581
absence.	36582

If the board members are selected by appointment pursuant to	36583
division (B) or (F) of section 3311.71 of the Revised Code, the	36584
appointing authority responsible for the appointment shall fill	36585
any such vacancy by appointment of an individual to serve the	36586
remainder of the unexpired term from a slate of at least three	36587
persons proposed by the municipal school district nominating panel	36588
established under that section. If the member creating the vacancy	36589
resides in a municipal school district but not in the municipal	36590
corporation containing the greatest portion of the district's	36591
territory, the individuals included on such slate shall also	36592
reside in the municipal school district but not in the municipal	36593
corporation containing the greatest portion of the district's	36594
territory.	36595

If the board members are selected by election, the board	36596
shall fill any such vacancy at its next regular or special	36597
meeting, not earlier than ten days after such vacancy occurs. A	36598
majority vote of all the remaining members of the board may fill	36599
any such vacancy. Immediately after such a vote, the treasurer of	36600
the board of education shall give written notice to the board of	36601
elections responsible for conducting elections for that school	36602
district that a vacancy has been filled, and the name of the	36603
person appointed to fill the vacancy. Each person selected by the	36604
board or probate court to fill a vacancy shall hold office for the	36605
shorter of the following periods: until the completion of the	36606
unexpired term, or until the first day of January immediately	36607
following the next regular board of education election taking	36608
place more than ninety days after a person is selected by the	36609
board or probate court to fill the vacancy. At that election, a	36610
special election to fill the vacancy shall be held in accordance	36611
with laws controlling regular elections for board of education	36612
members, except that no such special election shall be held if the	36613
unexpired term ends on or before the first day of January	36614
immediately following that regular board of education election.	36615
The term of a person chosen at a special election under this	36616
section shall begin on the first day of January immediately	36617
following the election, and the person shall serve for the	36618
remainder of the unexpired term. Whenever the need for a special	36619
election under this section becomes known, the board of education	36620
shall immediately give written notice of this fact to the board of	36621
elections responsible for conducting the regular board of	36622
education election for that school district.	36623

A vacancy in the governing board of an educational service	36624
center shall be filled according to the terms of the plan filed	36625
pursuant to division (B) of section 3311.051 of the Revised Code.	36626

The term of a board of education member shall not be	36627
lengthened by the member's resignation and subsequent selection by	36628
the board or probate court under this section.	36629

Sec. 3313.35. Notwithstanding division (D) of section	36630
3311.19 and division (D) of section 3311.52 of the Revised Code,	36631
the provisions of this section that apply to a city school	36632
district do not apply to a joint vocational or cooperative	36633
education school district unless otherwise specified.	36634

Except in city, joint vocational, and cooperative education	36635
school districts, the prosecuting attorney of the county shall be	36636
the legal adviser of all boards of education and the governing	36637
board of an educational service center in the county in which the	36638
prosecuting attorney is serving. The prosecuting attorney shall	36639
prosecute all actions against a member or officer of a board for	36640
malfeasance or misfeasance in office, and hethe prosecuting	36641
attorney shall be the legal counsel of such boards or the officers	36642
thereof in all civil actions brought by or against them and shall	36643
conduct such actions in ~~his~~the official capacity of prosecuting	36644
attorney. In the case of educational service centers ~~created under~~	36645
~~section 3311.053 of the Revised Code~~that serve school districts	36646
in more than one county, the legal adviser shall be the	36647
prosecuting attorney of the county in which the largest number of	36648
pupils ~~supervised~~served by the governing board of the educational	36649
service center reside. In joint vocational and cooperative	36650
education school districts the legal adviser shall be the	36651
prosecuting attorney of the most populous county containing a	36652
school district which is a member of the joint vocational or	36653
cooperative education school district. When such civil action is	36654
between two or more boards in the same county, the prosecuting	36655
attorney shall not be required to act for either of them. In city	36656
school districts, the city director of law shall be the legal	36657
adviser and attorney for the board thereof, and shall perform the	36658
same services for such board as required of the prosecuting	36659
attorney for other boards of the county. Such duties shall devolve	36660
upon any official serving in a capacity similar to that of	36661
prosecuting attorney or city director of law for the territory	36662
wherein a school district is situated regardless of ~~his~~the	36663
official's official designation. In a district which becomes a	36664
city school district pursuant to section 3311.10 of the Revised	36665
Code, the legal adviser shall be the solicitor or director of law	36666
of the largest of the municipal corporations all or a part of	36667
which is included within the school district boundaries. No	36668
compensation in addition to such officer's regular salary shall be	36669
allowed for such services.	36670

Sec. 3313.372. (A) As used in this section, "energy	36671
conservation measure" means an installation or modification of an	36672
installation in, or remodeling of, a building, to reduce energy	36673
consumption. It includes:	36674

(1) Insulation of the building structure and systems within	36675
the building;	36676

(2) Storm windows and doors, multiglazed windows and doors,	36677
heat absorbing or heat reflective glazed and coated window and	36678
door systems, additional glazing, reductions in glass area, and	36679
other window and door system modifications that reduce energy	36680
consumption;	36681

(3) Automatic energy control systems;

36682

(4) Heating, ventilating, or air conditioning system	36683
modifications or replacements;	36684

(5) Caulking and weatherstripping;

36685

(6) Replacement or modification of lighting fixtures to	36686
increase the energy efficiency of the system without increasing	36687
the overall illumination of a facility, unless such increase in	36688
illumination is necessary to conform to the applicable state or	36689
local building code for the proposed lighting system;	36690

(7) Energy recovery systems;

36691

(8) Cogeneration systems that produce steam or forms of	36692
energy such as heat, as well as electricity, for use primarily	36693
within a building or complex of buildings;	36694

(9) Any other modification, installation, or remodeling	36695
approved by the Ohio school facilities commission as an energy	36696
conservation measure.	36697

(B) A board of education of a city, exempted village, local,	36698
or joint vocational school district may enter into an installment	36699
payment contract for the purchase and installation of energy	36700
conservation measures. The provisions of such installment payment	36701
contracts dealing with interest charges and financing terms shall	36702
not be subject to the competitive bidding requirements of section	36703
3313.46 of the Revised Code, and shall be on the following terms:	36704

(1) Not less than one-fifteenth of the costs thereof shall be	36705
paid within two years from the date of purchase.	36706

(2) The remaining balance of the costs thereof shall be paid	36707
within fifteen years from the date of purchase.	36708

The provisions of any installment payment contract entered	36709
into pursuant to this section shall provide that all payments,	36710
except payments for repairs and obligations on termination of the	36711
contract prior to its expiration, be stated as a percentage of	36712
calculated energy, water, or waste water cost savings, avoided	36713
operating costs, and avoided capital costs attributable to the one	36714
or more measures over a defined period of time. Those payments	36715
shall be made only to the extent that the savings and avoided	36716
costs described in this division actually occur.	36717

An installment payment contract entered into by a board of	36718
education under this section shall require the board to contract	36719
in accordance with division (A) of section 3313.46 of the Revised	36720
Code for the installation, modification, or remodeling of energy	36721
conservation measures unless division (A) of section 3313.46 of	36722
the Revised Code does not apply pursuant to division (B)(3) of	36723
that section.	36724

(C) The board may issue the notes of the school district	36725
signed by the president and the treasurer of the board and	36726
specifying the terms of the purchase and securing the deferred	36727
payments provided in this section, payable at the times provided	36728
and bearing interest at a rate not exceeding the rate determined	36729
as provided in section 9.95 of the Revised Code. The notes may	36730
contain an option for prepayment and shall not be subject to	36731
Chapter 133. of the Revised Code. In the resolution authorizing	36732
the notes, the board may provide, without the vote of the electors	36733
of the district, for annually levying and collecting taxes in	36734
amounts sufficient to pay the interest on and retire the notes,	36735
except that the total net indebtedness of the district without a	36736
vote of the electors incurred under this and all other sections of	36737
the Revised Code, except section 3318.052 of the Revised Code,	36738
shall not exceed one per cent of the district's tax valuation.	36739
Revenues derived from local taxes or otherwise, for the purpose of	36740
conserving energy or for defraying the current operating expenses	36741
of the district, may be applied to the payment of interest and the	36742
retirement of such notes. The notes may be sold at private sale or	36743
given to the contractor under the installment payment contract	36744
authorized by division (B) of this section.	36745

(D) Debt incurred under this section shall not be included in	36746
the calculation of the net indebtedness of a school district under	36747
section 133.06 of the Revised Code.	36748

(E) No school district board shall enter into an installment	36749
payment contract under division (B) of this section unless it	36750
first obtains a report of the costs of the energy conservation	36751
measures and the savings thereof as described under division (G)	36752
of section 133.06 of the Revised Code as a requirement for issuing	36753
energy securities, makes a finding that the amount spent on such	36754
measures is not likely to exceed the amount of money it would save	36755
in energy costs and resultant operational and maintenance costs as	36756
described in that division, except that that finding shall cover	36757
the ensuing fifteen years, and the Ohio school facilities	36758
commission determines that the district board's findings are	36759
reasonable and approves the contract as described in that	36760
division.	36761

The district board shall monitor the savings and maintain a	36762
report of those savings, which shall be submitted to the	36763
commission in the same manner as required by division (G) of	36764
section 133.06 of the Revised Code in the case of energy	36765
securities.	36766

Sec. 3313.376. As used in this section, "client school	36767
district" ~~has the same meaning as in section 3317.11 of the~~	36768
~~Revised Code~~means a city, exempted village, or local school	36769
district that has entered into an agreement under section 3313.843	36770
or 3313.845 of the Revised Code to receive any services from an	36771
educational service center.	36772

For the purpose of obtaining quantity discounts in purchasing	36773
textbooks; computer equipment, including computer software; school	36774
buses; and natural gas, electricity, and other utility services,	36775
the governing boards of two or more educational service centers	36776
may enter into agreements, including installment purchase and	36777
lease-purchase contracts, to jointly purchase such commodities to	36778
be utilized by client school districts of the educational service	36779
centers.	36780

Sec. 3313.42. (A) When in the judgment of a board of	36781
education of any school district in this state, lying adjacent to	36782
a school district of another state, the best interests of the	36783
public schools can be promoted by purchasing school grounds,	36784
repairing or erecting a schoolhouse, and maintaining them jointly	36785
between the two adjacent school districts, the board of education	36786
of the school district of this state so situated may enter into an	36787
agreement with the school authorities of said adjacent school	36788
district for the purpose of purchasing school grounds, repairing	36789
or constructing a school building, purchasing school furniture,	36790
equipment, appliances, fuel, employing teachers, and maintaining a	36791
school. The board of education of this state may levy taxes and	36792
perform such other duties in maintaining such joint school as are	36793
otherwise provided by law for maintaining the public schools in	36794
this state.	36795

In carrying out this section the school district shall pay	36796
such proportion of the cost of purchasing school grounds,	36797
repairing or erecting a building, and in maintaining the joint	36798
school as is equitable and just in the judgment of the board of	36799
education and trustees of the two adjacent school districts.	36800

(B) ~~In any school district that has entered into an agreement~~	36801
~~under division (A) of this section, the state minimum teacher~~	36802
~~salary requirements prescribed by section 3317.13 of the Revised~~	36803
~~Code do not apply if the total expenditures by the school district~~	36804
~~for teacher salaries in any school year equals or exceeds the~~	36805
~~total minimum expenditures that would have been required in that~~	36806
~~year if such minimum teacher salary requirements did apply.~~	36807

~~(C)~~ Notwithstanding sections 3319.01, 3319.02, and 3313.22 of	36808
the Revised Code, the board of education of a local school	36809
district that has entered into an agreement with an adjacent	36810
school district in another state under division (A) of this	36811
section may contract with the educational service center within	36812
which the local school district is located for the service center	36813
to provide any administrative services specified in the agreement	36814
to the local school district and the adjacent district. If such an	36815
agreement provides for the duties of a district treasurer,	36816
superintendent, or principals to be performed by the service	36817
center, the local school district is not required to employ	36818
persons to perform such duties.	36819

Sec. 3313.48. (A) The board of education of each city,	36820
exempted village, local, and joint vocational school district	36821
shall provide for the free education of the youth of school age	36822
within the district under its jurisdiction, at such places as will	36823
be most convenient for the attendance of the largest number	36824
thereof. ~~Except as provided in section 3313.481 of the Revised~~	36825
~~Code, each~~Each school so provided and each chartered nonpublic	36826
school shall be open for instruction with pupils in attendance,	36827
including scheduled classes, supervised activities, and approved	36828
education options but excluding lunch and breakfast periods and	36829
extracurricular activities, for not less than ~~one hundred~~	36830
~~eighty-two days~~four hundred fifty-five hours in the case of	36831
pupils in kindergarten unless such pupils are provided all-day	36832
kindergarten, as defined in section 3321.05 of the Revised Code,	36833
in which case the pupils shall be in attendance for nine hundred	36834
ten hours; nine hundred ten hours in the case of pupils in grades	36835
one through six; and one thousand one hours in the case of pupils	36836
in grades seven through twelve in each school year, which may	36837
include all of the following:	36838

~~(A)~~(1) Up to ~~four~~the equivalent of two school days per year	36839
~~in which classes are dismissed one-half day early or the~~	36840
~~equivalent amount of time during a different number of days~~during	36841
which pupils would otherwise be in attendance but are not required	36842
to attend for the purpose of individualized parent-teacher	36843
conferences and reporting periods;	36844

~~(B)~~(2) Up to the equivalent of two school days per year	36845
during which pupils would otherwise be in attendance but are not	36846
required to attend for professional meetings of teachers ~~when such~~	36847
~~days occur during a regular school week and schools are not in~~	36848
~~session~~;	36849

~~(C) The number of days the school is closed as a result of~~	36850
~~public calamity, as provided in section 3317.01 of the Revised~~	36851
~~Code~~(3) Morning and afternoon recess periods of not more than	36852
fifteen minutes duration per period for pupils in grades	36853
kindergarten through six.	36854

~~The state board of education shall adopt standards for~~	36855
~~defining "school day" as used in sections 3313.48 and 3317.01 of~~	36856
~~the Revised Code.~~	36857

~~Except as otherwise provided in this section, each day for~~	36858
~~grades seven through twelve shall consist of not less than five~~	36859
~~clock hours with pupils in attendance, except in such emergency~~	36860
~~situations, including lack of classroom space, as are approved by~~	36861
~~the state board of education. Except as otherwise provided in this~~	36862
~~section, each day for grades one through six shall consist of not~~	36863
~~less than five clock hours with pupils in attendance which may~~	36864
~~include fifteen minute morning and afternoon recess periods,~~	36865
~~except in such emergency situations, including lack of classroom~~	36866
~~space, as are approved by the state board of education.~~	36867

(B) Prior to making any change in the hours or days in which	36868
a high school under its jurisdiction is open for instruction, the	36869
board of education of each city, exempted village, and local	36870
school district shall consider the compatibility of the proposed	36871
change with the scheduling needs of any joint vocational school	36872
district in which any of the high school's students are also	36873
enrolled. The board shall consider the impact of the proposed	36874
change on student access to the instructional programs offered by	36875
the joint vocational school district, incentives for students to	36876
participate in career-technical education, transportation, and the	36877
timing of graduation. The board shall provide the joint vocational	36878
school district board with advance notice of the proposed change	36879
and the two boards shall enter into a written agreement	36880
prescribing reasonable accommodations to meet the scheduling needs	36881
of the joint vocational school district prior to implementation of	36882
the change.	36883

(C) Prior to making any change in the hours or days in which	36884
a school under its jurisdiction is open for instruction, the board	36885
of education of each city, exempted village, and local school	36886
district shall consider the compatibility of the proposed change	36887
with the scheduling needs of any community school established	36888
under Chapter 3314. of the Revised Code to which the district is	36889
required to transport students under sections 3314.09 and 3327.01	36890
of the Revised Code. The board shall consider the impact of the	36891
proposed change on student access to the instructional programs	36892
offered by the community school, transportation, and the timing of	36893
graduation. The board shall provide the sponsor, governing	36894
authority, and operator of the community school with advance	36895
notice of the proposed change, and the board and the governing	36896
authority, or operator if such authority is delegated to the	36897
operator, shall enter into a written agreement prescribing	36898
reasonable accommodations to meet the scheduling needs of the	36899
community school prior to implementation of the change.	36900

(D) Prior to making any change in the hours or days in which	36901
the schools under its jurisdiction are open for instruction, the	36902
board of education of each city, exempted village, and local	36903
school district shall consult with the chartered nonpublic schools	36904
to which the district is required to transport students under	36905
section 3327.01 of the Revised Code and shall consider the effect	36906
of the proposed change on the schedule for transportation of those	36907
students to their nonpublic schools. The governing authority of a	36908
chartered nonpublic school shall consult with each school district	36909
board of education that transports students to the chartered	36910
nonpublic school under section 3327.01 of the Revised Code prior	36911
to making any change in the hours or days in which the nonpublic	36912
school is open for instruction.	36913

(E) The state board of education shall not adopt or enforce	36914
any rule or standard that imposes on chartered nonpublic schools	36915
the procedural requirements imposed on school districts by	36916
divisions (B) and (C) of this section.	36917

Sec. 3313.481. Wherever in Title XXXIII of the Revised Code	36918
the term "school day" is used, unless otherwise specified, that	36919
term shall be construed to mean the time during a calendar day	36920
that a school is open for instruction pursuant to the schedule	36921
adopted by the board of education of the school district or the	36922
governing authority of the chartered nonpublic school in	36923
accordance with section 3313.48 of the Revised Code.	36924

Sec. 3313.483. (A) A board of education, upon the adoption	36925
of a resolution stating that it may be financially unable to open	36926
on the day or to remain open for instruction on all days set forth	36927
in its adopted school calendar and pay all obligated expenses, or	36928
the superintendent of public instruction upon the issuance of	36929
written notification under division (B) of section 3313.489 of the	36930
Revised Code, shall request the auditor of state to determine	36931
whether such situation exists. The auditor shall deliver a copy of	36932
each request from a board of education to the superintendent of	36933
public instruction. In the case of a school district not under a	36934
fiscal emergency pursuant to Chapter 3316. of the Revised Code the	36935
auditor shall not issue a finding under this section until written	36936
notification is received from the superintendent pursuant to	36937
section 3313.487 of the Revised Code.	36938

(B) If the auditor of state finds that the board of education	36939
has attempted to avail itself to the fullest extent authorized by	36940
law of all lawful revenue sources available to it except those	36941
authorized by section 5705.21 of the Revised Code, the auditor	36942
shall certify that finding to the superintendent of public	36943
instruction and the state board of education and shall certify the	36944
operating deficit the district will have at the end of the fiscal	36945
year if it commences or continues operating its instructional	36946
program in accordance with its adopted school calendar and pays	36947
all obligated expenses.	36948

(C) No board of education may delay the opening of its	36949
schools or close its schools for financial reasons. Upon the	36950
request of the superintendent of public instruction, the attorney	36951
general shall seek injunctive relief and any other relief required	36952
to enforce this prohibition in the court of common pleas of	36953
Franklin county. The court of common pleas of Franklin county has	36954
exclusive original jurisdiction over all such actions.	36955

(D) Upon the receipt of any certification of an operating	36956
deficit from the auditor of state, a board of education shall make	36957
application to a commercial bank, underwriter, or other	36958
prospective lender or purchaser of its obligations for a loan in	36959
an amount sufficient to enable the district to open or remain open	36960
for instruction on all days set forth in its adopted school	36961
calendar but not to exceed the amount of the deficit certified.	36962

(E)(1) Any board of education that has applied for and been	36963
denied a loan from a commercial bank, underwriter, or other	36964
prospective lender or purchaser of its obligations pursuant to	36965
division (D) of this section shall submit to the superintendent of	36966
public instruction a plan for implementing reductions in the	36967
school district's budget; apply for a loan from a commercial bank,	36968
underwriter, or other prospective lender or purchaser of its	36969
obligations in an amount not to exceed its certified deficit; and	36970
provide the superintendent such information as the superintendent	36971
requires concerning its application for such a loan. The board of	36972
education of a school district declared to be under a fiscal watch	36973
pursuant to division (A) of section 3316.03 of the Revised Code	36974
may, upon approval of the superintendent, utilize the financial	36975
plan required by section 3316.04 of the Revised Code, or	36976
applicable parts thereof, as the plan required under this	36977
division. The board of education of a school district declared to	36978
be under a fiscal emergency pursuant to division (B) of section	36979
3316.03 of the Revised Code may utilize the financial recovery	36980
plan for the district, or applicable parts thereof, as the plan	36981
required under this division. Except for the plan of a school	36982
district under a fiscal emergency, the superintendent shall	36983
evaluate, make recommendations concerning, and approve or	36984
disapprove each plan. When a plan is submitted, the superintendent	36985
shall immediately notify the members of the general assembly whose	36986
legislative districts include any or all of the territory of the	36987
school district submitting the plan.	36988

(2) The superintendent shall submit to the controlling board	36989
a copy of each plan the superintendent approves, or each plan	36990
submitted by a district under a fiscal emergency pursuant to	36991
division (B) of section 3316.03 of the Revised Code, and the	36992
general terms of each proposed loan, and shall make	36993
recommendations regarding the plan and whether a proposed loan to	36994
the board of education should be approved for payment as provided	36995
in division (E)(3) of this section. The controlling board shall	36996
approve or disapprove the plan and the proposed loan presented to	36997
it by the superintendent. In the case of a district not under a	36998
fiscal emergency pursuant to division (B) of section 3316.03 of	36999
the Revised Code, the controlling board may require a board of	37000
education to implement the superintendent's recommendations for	37001
expenditure reductions or impose other requirements. Loan	37002
repayments shall be in accordance with a schedule approved by the	37003
superintendent, except that the principal amount of the loan shall	37004
be payable in monthly, semiannual, or annual installments of	37005
principal and interest that are substantially equal principal and	37006
interest installments. Except as otherwise provided in division	37007
(E)(2) of this section, repayment shall be made no later than the	37008
fifteenth day of June of the second fiscal year following the	37009
approval of the loan. A school district with a certified deficit	37010
in excess of either twenty-five million dollars or fifteen per	37011
cent of the general fund expenditures of the district during the	37012
fiscal year shall repay the loan no later than the fifteenth day	37013
of June of the tenth fiscal year following the approval of the	37014
loan. In deciding whether to approve or disapprove a proposed	37015
loan, the controlling board shall consider the deficit certified	37016
by the auditor of state pursuant to this section. A board of	37017
education that has an outstanding loan approved pursuant to this	37018
section with a repayment date of more than two fiscal years after	37019
the date of approval of such loan may not apply for another loan	37020
with such a repayment date until the outstanding loan has been	37021
repaid.	37022

(3) If a board of education has submitted and received	37023
controlling board approval of a plan and proposed loan in	37024
accordance with this section, the superintendent of public	37025
instruction shall report to the controlling board the actual	37026
amounts loaned to the board of education. Such board of education	37027
shall request the superintendent to pay any funds the board of	37028
education would otherwise receive pursuant to Chapter 3306. of the	37029
Revised Code first directly to the holders of the board of	37030
education's notes, or an agent thereof, such amounts as are	37031
specified under the terms of the loan. Such payments shall be made	37032
only from and to the extent of money appropriated by the general	37033
assembly for purposes of such sections. No note or other	37034
obligation of the board of education under the loan constitutes an	37035
obligation nor a debt or a pledge of the faith, credit, or taxing	37036
power of the state, and the holder or owner of such note or	37037
obligation has no right to have taxes levied by the general	37038
assembly for the payment of such note or obligation, and such note	37039
or obligation shall contain a statement to that effect.	37040

(4) Pursuant to the terms of such a loan, a board of	37041
education may issue its notes in anticipation of the collection of	37042
its voted levies for current expenses or its receipt of such state	37043
funds or both. Such notes shall be issued in accordance with	37044
division (E) of section 133.10 of the Revised Code and constitute	37045
Chapter 133. securities to the extent such division and the	37046
otherwise applicable provisions of Chapter 133. of the Revised	37047
Code are not inconsistent with this section, provided that in any	37048
event sections 133.24 and 5705.21 and divisions (A), (B), (C), and	37049
(E)(2) of section 133.10 of the Revised Code do not apply to such	37050
notes.	37051

(5) Notwithstanding section 133.36 or 3313.17, any other	37052
section of the Revised Code, or any other provision of law, a	37053
board of education that has received a loan under this section may	37054
not declare bankruptcy, so long as any portion of such loan	37055
remains unpaid.	37056

(F) Under this section and ~~sections~~section 3313.4810 ~~and~~	37057
~~3313.4811~~, "board of education" or "district board" includes the	37058
financial planning and supervision commission of a school district	37059
under a fiscal emergency pursuant to Chapter 3316. of the Revised	37060
Code where such commission chooses to exercise the powers and	37061
duties otherwise required of the district board of education under	37062
this section and ~~sections~~section 3313.4810 ~~and 3313.4811~~ of the	37063
Revised Code.	37064

Sec. 3313.484. No loan shall be approved under sections	37065
3313.483 to ~~3313.4811~~3313.4810 of the Revised Code after March 1,	37066
1998.	37067

By the last day of June each year, the department of	37068
education shall calculate and pay a subsidy to every school	37069
district that during the current fiscal year paid and was	37070
obligated to pay interest on a loan under sections 3313.483 to	37071
~~3313.4811~~3313.4810 of the Revised Code in excess of two per cent	37072
simple interest. The amount of the subsidy shall equal the	37073
difference between the amount of interest the district paid and	37074
was obligated to pay during the year and the interest that the	37075
district would have been obligated to pay if the interest rate on	37076
the loan had been two per cent per year.	37077

Sec. 3313.488. (A) Within fifteen days ofafter the date a	37078
~~board of education requests that its school district be made~~	37079
~~subject to this section as authorized by section 3317.62 of the~~	37080
~~Revised Code, or~~ the state board of education ~~has issued~~issues an	37081
order under section 3313.487 of the Revised Code making a school	37082
district subject to this section, the district's board of	37083
education shall prepare a fiscal statement of expenses and	37084
expenditures for the remainder of the current fiscal year. The	37085
fiscal statement shall be submitted to the superintendent of	37086
public instruction and shall set forth all revenues to be received	37087
by the district during the remainder of the fiscal year and their	37088
sources, the expenses to be incurred by the district during the	37089
remainder of the fiscal year, the outstanding and unpaid expenses	37090
at the time the fiscal statement is prepared and the date or dates	37091
by which such expenses must be paid, and such other information as	37092
the superintendent requires to enable the superintendent to ensure	37093
that during the remainder of the fiscal year, the district will	37094
not incur any expenses that will further impair its ability to	37095
operate an instructional program that meets or exceeds the minimum	37096
standards of the state board of education and requirements of the	37097
Revised Code during the current and ensuing fiscal years with the	37098
revenue available to it from existing revenue sources. The fiscal	37099
statement shall be presented in such detail and form as the	37100
superintendent prescribes. Beginning the tenth day after the	37101
fiscal statement is submitted and for the remainder of the fiscal	37102
year, the board shall not make any expenditure of money, make any	37103
employment, purchase, or rental contract, give any order involving	37104
the expenditure of money, or increase any wage or salary schedule	37105
unless the superintendent of public instruction has approved the	37106
fiscal statement in writing and the expenditure, contract, order,	37107
or schedule has been approved in writing by the superintendent as	37108
being in conformity with the fiscal statement.	37109

Any contract or expenditure made, order given, or schedule	37110
adopted or put into effect without the written approval of the	37111
superintendent of public instruction is void, and no warrant shall	37112
be issued in payment of any amount due thereon.	37113

(B) A board of education subject to division (A) of this	37114
section shall prepare a fiscal statement of expenses and	37115
expenditures for the ensuing fiscal year. The fiscal statement	37116
shall be submitted to the superintendent of public instruction and	37117
shall set forth all revenues to be received by the district during	37118
such year and their source, the expenses to be incurred by the	37119
district during such year, the outstanding and unpaid expenses on	37120
the first day of such fiscal year, the date or dates by which such	37121
expenses must be paid, and such other information as the	37122
superintendent requires to enable the superintendent to ensure	37123
that during such year, the district will not incur any expenses	37124
that will further impair its ability to operate an instructional	37125
program that meets or exceeds the minimum standards of the state	37126
board of education and requirements of the Revised Code during	37127
such year with the revenue available to it from existing revenue	37128
sources. The fiscal statement shall be presented at the time and	37129
in such detail and form as the superintendent prescribes. During	37130
the fiscal year following the year in which a board of education	37131
first becomes subject to division (A) of this section it shall not	37132
make any expenditure of money, make any employment, purchase, or	37133
rental contract, give any order involving the expenditure of	37134
money, or increase any wage or salary schedule unless the	37135
superintendent of public instruction has approved the fiscal	37136
statement submitted under this division in writing and has	37137
approved the expenditure, contract, order, or schedule in writing	37138
as being in conformity with the fiscal statement.	37139

Any contract or expenditure made, order given, or schedule	37140
adopted or put into effect without the written approval of the	37141
superintendent of public instruction is void, and no warrant shall	37142
be issued in payment of any amount due thereon.	37143

(C) The state board of education shall examine any fiscal	37144
statement presented to and approved by the superintendent of	37145
public instruction under division (B) of this section and shall	37146
determine whether the data set forth in the fiscal statement are	37147
factual and based upon assumptions that in its judgment are	37148
reasonable expectations consistent with acceptable governmental	37149
budget and accounting practices. If the state board so determines	37150
and finds that the revenues and expenditures in the fiscal	37151
statement are in balance for the fiscal year and the fiscal	37152
statement will enable the district to operate during such year	37153
without interrupting its school calendar, it shall certify its	37154
determination and finding to the district at least thirty days	37155
prior to the beginning of the fiscal year, and the district shall	37156
thereupon cease to be subject to this section. If the state board	37157
does not make such a determination and finding, the board of	37158
education and school district are subject to this division and	37159
division (B) of this section in the ensuing fiscal year and each	37160
fiscal year thereafter until the state board makes a	37161
determination, finding, and certification under this division.	37162

(D) Any officer, employee, or other person who knowingly	37163
expends or authorizes the expenditure of any public funds or	37164
knowingly authorizes or executes any contract, order, or schedule	37165
contrary to division (A) or (B) of this section or who knowingly	37166
expends or authorizes the expenditure of any public funds on any	37167
such void contract, order, or schedule is jointly and severally	37168
liable in person and upon any official bond that the officer,	37169
employee, or other person has given to such school district to the	37170
extent of any payments on the void claim, not to exceed twenty	37171
thousand dollars. The attorney general at the written request of	37172
the superintendent of public instruction shall enforce this	37173
liability by civil action brought in any court of appropriate	37174
jurisdiction in the name of and on behalf of the school district.	37175

(E) During each month that a board of education is subject to	37176
division (A), (B), or (C) of this section, the superintendent of	37177
public instruction shall submit a report to the speaker of the	37178
house of representatives and the president of the senate on the	37179
financial condition of the school district. The report shall	37180
contain the date by which the superintendent anticipates the	37181
district will cease to be subject to such divisions, the	37182
district's plans for becoming exempt from such section, and such	37183
other information the superintendent determines appropriate or the	37184
speaker of the house of representatives or president of the senate	37185
requests.	37186

In addition to the other reports required under this	37187
division, on the thirty-first day of each school district fiscal	37188
year following a fiscal year in which a school district first	37189
becomes subject to this section, the superintendent shall submit a	37190
written report to the speaker of the house of representatives and	37191
the president of the senate. The report shall include	37192
recommendations to the general assembly for strengthening the	37193
financial condition of school districts based upon the experiences	37194
of the superintendent and the state board in exercising their	37195
powers under this section and sections 3313.483 and 3313.487 of	37196
the Revised Code.	37197

(F) This section does not apply to a school district declared	37198
to be under a fiscal emergency pursuant to division (B) of section	37199
3316.03 of the Revised Code.	37200

Sec. 3313.4810. Any school district receiving a loan under	37201
section 3313.483 ~~or 3317.64~~ of the Revised Code in excess of seven	37202
per cent of the general fund expenditures of the district during	37203
the fiscal year in which the loan is received and that has	37204
received a loan under that section within the last five years is	37205
subject to section 3313.488 of the Revised Code for the duration	37206
of the fiscal year in which the district receives the loan and	37207
during the ensuing two fiscal years. The controlling board may not	37208
relieve a school district to which this section applies from any	37209
requirements imposed under section 3313.483 ~~or 3317.64~~ of the	37210
Revised Code to implement recommendations of the superintendent of	37211
public instruction for expenditure reduction and may not modify	37212
any other requirements imposed under such section upon such a	37213
district as a condition for receiving the loan unless expressly	37214
authorized to do so by law. The superintendent of public	37215
instruction shall, among any recommendations hethe superintendent	37216
makes for expenditure reduction under section 3313.483 ~~or 3317.63~~	37217
of the Revised Code affecting the number of employees of a school	37218
district to which this section applies, provide wherever possible	37219
for the retention of teachers who are actually involved in the	37220
daily teaching of students in the classroom.	37221

Sec. 3313.533. (A) The board of education of a city,	37222
exempted village, or local school district may adopt a resolution	37223
to establish and maintain an alternative school in accordance with	37224
this section. The resolution shall specify, but not necessarily be	37225
limited to, all of the following:	37226

(1) The purpose of the school, which purpose shall be to	37227
serve students who are on suspension, who are having truancy	37228
problems, who are experiencing academic failure, who have a	37229
history of class disruption, who are exhibiting other academic or	37230
behavioral problems specified in the resolution, or who have been	37231
discharged or released from the custody of the department of youth	37232
services under section 5139.51 of the Revised Code;	37233

(2) The grades served by the school, which may include any of	37234
grades kindergarten through twelve;	37235

(3) A requirement that the school be operated in accordance	37236
with this section. The board of education adopting the resolution	37237
under division (A) of this section shall be the governing board of	37238
the alternative school. The board shall develop and implement a	37239
plan for the school in accordance with the resolution establishing	37240
the school and in accordance with this section. Each plan shall	37241
include, but not necessarily be limited to, all of the following:	37242

(a) Specification of the reasons for which students will be	37243
accepted for assignment to the school and any criteria for	37244
admission that are to be used by the board to approve or	37245
disapprove the assignment of students to the school;	37246

(b) Specification of the criteria and procedures that will be	37247
used for returning students who have been assigned to the school	37248
back to the regular education program of the district;	37249

(c) An evaluation plan for assessing the effectiveness of the	37250
school and its educational program and reporting the results of	37251
the evaluation to the public.	37252

(B) Notwithstanding any provision of Title XXXIII of the	37253
Revised Code to the contrary, the alternative school plan may	37254
include any of the following:	37255

(1) A requirement that on each school day students must	37256
attend school or participate in other programs specified in the	37257
plan or by the chief administrative officer of the school for a	37258
period equal to the minimum school day set by the ~~state~~ board of	37259
education under section 3313.48 of the Revised Code plus any	37260
additional time required in the plan or by the chief	37261
administrative officer;	37262

(2) Restrictions on student participation in extracurricular	37263
or interscholastic activities;	37264

(3) A requirement that students wear uniforms prescribed by	37265
the district board of education.	37266

(C) In accordance with the alternative school plan, the	37267
district board of education may employ teachers and nonteaching	37268
employees necessary to carry out its duties and fulfill its	37269
responsibilities or may contract with a nonprofit or for profit	37270
entity to operate the alternative school, including the provision	37271
of personnel, supplies, equipment, or facilities.	37272

(D) An alternative school may be established in all or part	37273
of a school building.	37274

(E) If a district board of education elects under this	37275
section, or is required by section 3313.534 of the Revised Code,	37276
to establish an alternative school, the district board may join	37277
with the board of education of one or more other districts to form	37278
a joint alternative school by forming a cooperative education	37279
school district under section 3311.52 or 3311.521 of the Revised	37280
Code, or a joint educational program under section 3313.842 of the	37281
Revised Code. The authority to employ personnel or to contract	37282
with a nonprofit or for profit entity under division (C) of this	37283
section applies to any alternative school program established	37284
under this division.	37285

(F) Any individual employed as a teacher at an alternative	37286
school operated by a nonprofit or for profit entity under this	37287
section shall be licensed and shall be subject to background	37288
checks, as described in section 3319.39 of the Revised Code, in	37289
the same manner as an individual employed by a school district.	37290

(G) Division (G) of this section applies only to any	37291
alternative school that is operated by a nonprofit or for profit	37292
entity under contract with the school district.	37293

(1) In addition to the specifications authorized under	37294
division (B) of this section, any plan adopted under that division	37295
for an alternative school to which division (G) of this section	37296
also applies shall include the following:	37297

(a) A description of the educational program provided at the	37298
alternative school, which shall include:	37299

(i) Provisions for the school to be configured in clusters or	37300
small learning communities;	37301

(ii) Provisions for the incorporation of education technology	37302
into the curriculum;	37303

(iii) Provisions for accelerated learning programs in reading	37304
and mathematics.	37305

(b) A method to determine the reading and mathematics level	37306
of each student assigned to the alternative school and a method to	37307
continuously monitor each student's progress in those areas. The	37308
methods employed under this division shall be aligned with the	37309
curriculum adopted by the school district board of education under	37310
section 3313.60 of the Revised Code.	37311

(c) A plan for social services to be provided at the	37312
alternative school, such as, but not limited to, counseling	37313
services, psychological support services, and enrichment programs;	37314

(d) A plan for a student's transition from the alternative	37315
school back to a school operated by the school district;	37316

(e) A requirement that the alternative school maintain	37317
financial records in a manner that is compatible with the form	37318
prescribed for school districts by the auditor of state to enable	37319
the district to comply with any rules adopted by the auditor of	37320
state.	37321

(2) Notwithstanding division (A)(2) of this section, any	37322
alternative school to which division (G) of this section applies	37323
shall include only grades six through twelve.	37324

(3) Notwithstanding anything in division (A)(3)(a) of this	37325
section to the contrary, the characteristics of students who may	37326
be assigned to an alternative school to which division (G) of this	37327
section applies shall include only disruptive and low-performing	37328
students.	37329

(H) When any district board of education determines to	37330
contract with a nonprofit or for profit entity to operate an	37331
alternative school under this section, the board shall use the	37332
procedure set forth in this division.	37333

(1) The board shall publish notice of a request for proposals	37334
in a newspaper of general circulation in the district once each	37335
week for a period of two consecutive weeks, or as provided in	37336
section 7.16 of the Revised Code, prior to the date specified by	37337
the board for receiving proposals. Notices of requests for	37338
proposals shall contain a general description of the subject of	37339
the proposed contract and the location where the request for	37340
proposals may be obtained. The request for proposals shall include	37341
all of the following information:	37342

(a) Instructions and information to respondents concerning	37343
the submission of proposals, including the name and address of the	37344
office where proposals are to be submitted;	37345

(b) Instructions regarding communications, including at least	37346
the names, titles, and telephone numbers of persons to whom	37347
questions concerning a proposal may be directed;	37348

(c) A description of the performance criteria that will be	37349
used to evaluate whether a respondent to which a contract is	37350
awarded is meeting the district's educational standards or the	37351
method by which such performance criteria will be determined;	37352

(d) Factors and criteria to be considered in evaluating	37353
proposals, the relative importance of each factor or criterion,	37354
and a description of the evaluation procedures to be followed;	37355

(e) Any terms or conditions of the proposed contract,	37356
including any requirement for a bond and the amount of such bond;	37357

(f) Documents that may be incorporated by reference into the	37358
request for proposals, provided that the request for proposals	37359
specifies where such documents may be obtained and that such	37360
documents are readily available to all interested parties.	37361

(2) After the date specified for receiving proposals, the	37362
board shall evaluate the submitted proposals and may hold	37363
discussions with any respondent to ensure a complete understanding	37364
of the proposal and the qualifications of such respondent to	37365
execute the proposed contract. Such qualifications shall include,	37366
but are not limited to, all of the following:	37367

(a) Demonstrated competence in performance of the required	37368
services as indicated by effective implementation of educational	37369
programs in reading and mathematics and at least three years of	37370
experience successfully serving a student population similar to	37371
the student population assigned to the alternative school;	37372

(b) Demonstrated performance in the areas of cost	37373
containment, the provision of educational services of a high	37374
quality, and any other areas determined by the board;	37375

(c) Whether the respondent has the resources to undertake the	37376
operation of the alternative school and to provide qualified	37377
personnel to staff the school;	37378

(d) Financial responsibility.

37379

(3) The board shall select for further review at least three	37380
proposals from respondents the board considers qualified to	37381
operate the alternative school in the best interests of the	37382
students and the district. If fewer than three proposals are	37383
submitted, the board shall select each proposal submitted. The	37384
board may cancel a request for proposals or reject all proposals	37385
at any time prior to the execution of a contract.	37386

The board may hold discussions with any of the three selected	37387
respondents to clarify or revise the provisions of a proposal or	37388
the proposed contract to ensure complete understanding between the	37389
board and the respondent of the terms under which a contract will	37390
be entered. Respondents shall be accorded fair and equal treatment	37391
with respect to any opportunity for discussion regarding	37392
clarifications or revisions. The board may terminate or	37393
discontinue any further discussion with a respondent upon written	37394
notice.	37395

(4) Upon further review of the three proposals selected by	37396
the board, the board shall award a contract to the respondent the	37397
board considers to have the most merit, taking into consideration	37398
the scope, complexity, and nature of the services to be performed	37399
by the respondent under the contract.	37400

(5) Except as provided in division (H)(6) of this section,	37401
the request for proposals, submitted proposals, and related	37402
documents shall become public records under section 149.43 of the	37403
Revised Code after the award of the contract.	37404

(6) Any respondent may request in writing that the board not	37405
disclose confidential or proprietary information or trade secrets	37406
contained in the proposal submitted by the respondent to the	37407
board. Any such request shall be accompanied by an offer of	37408
indemnification from the respondent to the board. The board shall	37409
determine whether to agree to the request and shall inform the	37410
respondent in writing of its decision. If the board agrees to	37411
nondisclosure of specified information in a proposal, such	37412
information shall not become a public record under section 149.43	37413
of the Revised Code. If the respondent withdraws its proposal at	37414
any time prior to the execution of a contract, the proposal shall	37415
not be a public record under section 149.43 of the Revised Code.	37416

(I) Upon a recommendation from the department and in	37417
accordance with section 3301.16 of the Revised Code, the state	37418
board of education may revoke the charter of any alternative	37419
school operated by a school district that violates this section.	37420

Sec. 3313.60. Notwithstanding division (D) of section	37421
3311.52 of the Revised Code, divisions (A) to (E) of this section	37422
do not apply to any cooperative education school district	37423
established pursuant to divisions (A) to (C) of section 3311.52 of	37424
the Revised Code.	37425

(A) The board of education of each city ~~and~~, exempted	37426
village, and local school district~~, the governing board of each~~	37427
~~educational service center,~~ and the board of each cooperative	37428
education school district established, pursuant to section	37429
3311.521 of the Revised Code, shall prescribe a curriculum for all	37430
schools under ~~their~~its control. Except as provided in division	37431
(E) of this section, in any such curriculum there shall be	37432
included the study of the following subjects:	37433

(1) The language arts, including reading, writing, spelling,	37434
oral and written English, and literature;	37435

(2) Geography, the history of the United States and of Ohio,	37436
and national, state, and local government in the United States,	37437
including a balanced presentation of the relevant contributions to	37438
society of men and women of African, Mexican, Puerto Rican, and	37439
American Indian descent as well as other ethnic and racial groups	37440
in Ohio and the United States;	37441

(3) Mathematics;

37442

(4) Natural science, including instruction in the	37443
conservation of natural resources;	37444

(5) Health education, which shall include instruction in:

37445

(a) The nutritive value of foods, including natural and	37446
organically produced foods, the relation of nutrition to health,	37447
and the use and effects of food additives;	37448

(b) The harmful effects of and legal restrictions against the	37449
use of drugs of abuse, alcoholic beverages, and tobacco;	37450

(c) Venereal disease education, except that upon written	37451
request of the student's parent or guardian, a student shall be	37452
excused from taking instruction in venereal disease education;	37453

(d) In grades kindergarten through six, instruction in	37454
personal safety and assault prevention, except that upon written	37455
request of the student's parent or guardian, a student shall be	37456
excused from taking instruction in personal safety and assault	37457
prevention;	37458

(e) In grades seven through twelve, age-appropriate	37459
instruction in dating violence prevention education, which shall	37460
include instruction in recognizing dating violence warning signs	37461
and characteristics of healthy relationships.	37462

In order to assist school districts in developing a dating	37463
violence prevention education curriculum, the department of	37464
education shall provide on its web site links to free curricula	37465
addressing dating violence prevention.	37466

If the parent or legal guardian of a student less than	37467
eighteen years of age submits to the principal of the student's	37468
school a written request to examine the dating violence prevention	37469
instruction materials used at that school, the principal, within a	37470
reasonable period of time after the request is made, shall allow	37471
the parent or guardian to examine those materials at that school.	37472

(6) Physical education;

37473

(7) The fine arts, including music;

37474

(8) First aid, including a training program in	37475
cardiopulmonary resuscitation, safety, and fire prevention, except	37476
that upon written request of the student's parent or guardian, a	37477
student shall be excused from taking instruction in	37478
cardiopulmonary resuscitation.	37479

(B) Except as provided in division (E) of this section, every	37480
school or school district shall include in the requirements for	37481
promotion from the eighth grade to the ninth grade one year's	37482
course of study of American history. A board may waive this	37483
requirement for academically accelerated students who, in	37484
accordance with procedures adopted by the board, are able to	37485
demonstrate mastery of essential concepts and skills of the eighth	37486
grade American history course of study.	37487

(C) As specified in divisions (B)(6) and (C)(6) of section	37488
3313.603 of the Revised Code, except as provided in division (E)	37489
of this section, every high school shall include in the	37490
requirements for graduation from any curriculum one-half unit each	37491
of American history and government.	37492

(D) Except as provided in division (E) of this section, basic	37493
instruction or demonstrated mastery in geography, United States	37494
history, the government of the United States, the government of	37495
the state of Ohio, local government in Ohio, the Declaration of	37496
Independence, the United States Constitution, and the Constitution	37497
of the state of Ohio shall be required before pupils may	37498
participate in courses involving the study of social problems,	37499
economics, foreign affairs, United Nations, world government,	37500
socialism, and communism.	37501

(E) For each cooperative education school district	37502
established pursuant to section 3311.521 of the Revised Code and	37503
each city, exempted village, and local school district that has	37504
territory within such a cooperative district, the curriculum	37505
adopted pursuant to divisions (A) to (D) of this section shall	37506
only include the study of the subjects that apply to the grades	37507
operated by each such school district. The curriculums for such	37508
schools, when combined, shall provide to each student of these	37509
districts all of the subjects required under divisions (A) to (D)	37510
of this section.	37511

(F) The board of education of any cooperative education	37512
school district established pursuant to divisions (A) to (C) of	37513
section 3311.52 of the Revised Code shall prescribe a curriculum	37514
for the subject areas and grade levels offered in any school under	37515
its control.	37516

(G) Upon the request of any parent or legal guardian of a	37517
student, the board of education of any school district shall	37518
permit the parent or guardian to promptly examine, with respect to	37519
the parent's or guardian's own child:	37520

(1) Any survey or questionnaire, prior to its administration	37521
to the child;	37522

(2) Any textbook, workbook, software, video, or other	37523
instructional materials being used by the district in connection	37524
with the instruction of the child;	37525

(3) Any completed and graded test taken or survey or	37526
questionnaire filled out by the child;	37527

(4) Copies of the statewide academic standards and each model	37528
curriculum developed pursuant to section 3301.079 of the Revised	37529
Code, which copies shall be available at all times during school	37530
hours in each district school building.	37531

Sec. 3313.603. (A) As used in this section:

37532

(1) "One unit" means a minimum of one hundred twenty hours of	37533
course instruction, except that for a laboratory course, "one	37534
unit" means a minimum of one hundred fifty hours of course	37535
instruction.	37536

(2) "One-half unit" means a minimum of sixty hours of course	37537
instruction, except that for physical education courses, "one-half	37538
unit" means a minimum of one hundred twenty hours of course	37539
instruction.	37540

(B) Beginning September 15, 2001, except as required in	37541
division (C) of this section and division (C) of section 3313.614	37542
of the Revised Code, the requirements for graduation from every	37543
high school shall include twenty units earned in grades nine	37544
through twelve and shall be distributed as follows:	37545

(1) English language arts, four units;

37546

(2) Health, one-half unit;

37547

(3) Mathematics, three units;

37548

(4) Physical education, one-half unit;

37549

(5) Science, two units until September 15, 2003, and three	37550
units thereafter, which at all times shall include both of the	37551
following:	37552

(a) Biological sciences, one unit;

37553

(b) Physical sciences, one unit.

37554

(6) History and government, one unit, which shall comply with	37555
division (M) of this section and shall include both of the	37556
following:	37557

(a) American history, one-half unit;

37558

(b) American government, one-half unit.

37559

(7) Social studies, two units.

37560

(8) Elective units, seven units until September 15, 2003, and	37561
six units thereafter.	37562

Each student's electives shall include at least one unit, or	37563
two half units, chosen from among the areas of	37564
business/technology, fine arts, and/or foreign language.	37565

(C) Beginning with students who enter ninth grade for the	37566
first time on or after July 1, 2010, except as provided in	37567
divisions (D) to (F) of this section, the requirements for	37568
graduation from every public and chartered nonpublic high school	37569
shall include twenty units that are designed to prepare students	37570
for the workforce and college. The units shall be distributed as	37571
follows:	37572

(1) English language arts, four units;

37573

(2) Health, one-half unit, which shall include instruction in	37574
nutrition and the benefits of nutritious foods and physical	37575
activity for overall health;	37576

(3) Mathematics, four units, which shall include one unit of	37577
algebra II or the equivalent of algebra II;	37578

(4) Physical education, one-half unit;

37579

(5) Science, three units with inquiry-based laboratory	37580
experience that engages students in asking valid scientific	37581
questions and gathering and analyzing information, which shall	37582
include the following, or their equivalent:	37583

(a) Physical sciences, one unit;

37584

(b) Life sciences, one unit;

37585

(c) Advanced study in one or more of the following sciences,	37586
one unit:	37587

(i) Chemistry, physics, or other physical science;

37588

(ii) Advanced biology or other life science;

37589

(iii) Astronomy, physical geology, or other earth or space	37590
science.	37591

(6) History and government, one unit, which shall comply with	37592
division (M) of this section and shall include both of the	37593
following:	37594

(a) American history, one-half unit;

37595

(b) American government, one-half unit.

37596

(7) Social studies, two units.

37597

Each school shall integrate the study of economics and	37598
financial literacy, as expressed in the social studies academic	37599
content standards adopted by the state board of education under	37600
division (A)(1) of section 3301.079 of the Revised Code and the	37601
academic content standards for financial literacy and	37602
entrepreneurship adopted under division (A)(2) of that section,	37603
into one or more existing social studies credits required under	37604
division (C)(7) of this section, or into the content of another	37605
class, so that every high school student receives instruction in	37606
those concepts. In developing the curriculum required by this	37607
paragraph, schools shall use available public-private partnerships	37608
and resources and materials that exist in business, industry, and	37609
through the centers for economics education at institutions of	37610
higher education in the state.	37611

(8) Five units consisting of one or any combination of	37612
foreign language, fine arts, business, career-technical education,	37613
family and consumer sciences, technology, agricultural education,	37614
a junior reserve officer training corps (JROTC) program approved	37615
by the congress of the United States under title 10 of the United	37616
States Code, or English language arts, mathematics, science, or	37617
social studies courses not otherwise required under division (C)	37618
of this section.	37619

Ohioans must be prepared to apply increased knowledge and	37620
skills in the workplace and to adapt their knowledge and skills	37621
quickly to meet the rapidly changing conditions of the	37622
twenty-first century. National studies indicate that all high	37623
school graduates need the same academic foundation, regardless of	37624
the opportunities they pursue after graduation. The goal of Ohio's	37625
system of elementary and secondary education is to prepare all	37626
students for and seamlessly connect all students to success in	37627
life beyond high school graduation, regardless of whether the next	37628
step is entering the workforce, beginning an apprenticeship,	37629
engaging in post-secondary training, serving in the military, or	37630
pursuing a college degree.	37631

The Ohio core curriculum is the standard expectation for all	37632
students entering ninth grade for the first time at a public or	37633
chartered nonpublic high school on or after July 1, 2010. A	37634
student may satisfy this expectation through a variety of methods,	37635
including, but not limited to, integrated, applied,	37636
career-technical, and traditional coursework.	37637

Whereas teacher quality is essential for student success in	37638
completing the Ohio core curriculum, the general assembly shall	37639
appropriate funds for strategic initiatives designed to strengthen	37640
schools' capacities to hire and retain highly qualified teachers	37641
in the subject areas required by the curriculum. Such initiatives	37642
are expected to require an investment of $120,000,000 over five	37643
years.	37644

Stronger coordination between high schools and institutions	37645
of higher education is necessary to prepare students for more	37646
challenging academic endeavors and to lessen the need for academic	37647
remediation in college, thereby reducing the costs of higher	37648
education for Ohio's students, families, and the state. The state	37649
board and the chancellor of the Ohio board of regents shall	37650
develop policies to ensure that only in rare instances will	37651
students who complete the Ohio core curriculum require academic	37652
remediation after high school.	37653

School districts, community schools, and chartered nonpublic	37654
schools shall integrate technology into learning experiences	37655
across the curriculum in order to maximize efficiency, enhance	37656
learning, and prepare students for success in the	37657
technology-driven twenty-first century. Districts and schools	37658
shall use distance and web-based course delivery as a method of	37659
providing or augmenting all instruction required under this	37660
division, including laboratory experience in science. Districts	37661
and schools shall utilize technology access and electronic	37662
learning opportunities provided by the ~~eTech Ohio commission~~	37663
chancellor, the Ohio learning network, education technology	37664
centers, public television stations, and other public and private	37665
providers.	37666

(D) Except as provided in division (E) of this section, a	37667
student who enters ninth grade on or after July 1, 2010, and	37668
before July 1, 2014, may qualify for graduation from a public or	37669
chartered nonpublic high school even though the student has not	37670
completed the Ohio core curriculum prescribed in division (C) of	37671
this section if all of the following conditions are satisfied:	37672

(1) After the student has attended high school for two years,	37673
as determined by the school, the student and the student's parent,	37674
guardian, or custodian sign and file with the school a written	37675
statement asserting the parent's, guardian's, or custodian's	37676
consent to the student's graduating without completing the Ohio	37677
core curriculum and acknowledging that one consequence of not	37678
completing the Ohio core curriculum is ineligibility to enroll in	37679
most state universities in Ohio without further coursework.	37680

(2) The student and parent, guardian, or custodian fulfill	37681
any procedural requirements the school stipulates to ensure the	37682
student's and parent's, guardian's, or custodian's informed	37683
consent and to facilitate orderly filing of statements under	37684
division (D)(1) of this section.	37685

(3) The student and the student's parent, guardian, or	37686
custodian and a representative of the student's high school	37687
jointly develop an individual career plan for the student that	37688
specifies the student matriculating to a two-year degree program,	37689
acquiring a business and industry credential, or entering an	37690
apprenticeship.	37691

(4) The student's high school provides counseling and support	37692
for the student related to the plan developed under division	37693
(D)(3) of this section during the remainder of the student's high	37694
school experience.	37695

(5) The student successfully completes, at a minimum, the	37696
curriculum prescribed in division (B) of this section.	37697

The department of education, in collaboration with the	37698
chancellor, shall analyze student performance data to determine if	37699
there are mitigating factors that warrant extending the exception	37700
permitted by division (D) of this section to high school classes	37701
beyond those entering ninth grade before July 1, 2014. The	37702
department shall submit its findings and any recommendations not	37703
later than August 1, 2014, to the speaker and minority leader of	37704
the house of representatives, the president and minority leader of	37705
the senate, the chairpersons and ranking minority members of the	37706
standing committees of the house of representatives and the senate	37707
that consider education legislation, the state board of education,	37708
and the superintendent of public instruction.	37709

(E) Each school district and chartered nonpublic school	37710
retains the authority to require an even more rigorous minimum	37711
curriculum for high school graduation than specified in division	37712
(B) or (C) of this section. A school district board of education,	37713
through the adoption of a resolution, or the governing authority	37714
of a chartered nonpublic school may stipulate any of the	37715
following:	37716

(1) A minimum high school curriculum that requires more than	37717
twenty units of academic credit to graduate;	37718

(2) An exception to the district's or school's minimum high	37719
school curriculum that is comparable to the exception provided in	37720
division (D) of this section but with additional requirements,	37721
which may include a requirement that the student successfully	37722
complete more than the minimum curriculum prescribed in division	37723
(B) of this section;	37724

(3) That no exception comparable to that provided in division	37725
(D) of this section is available.	37726

(F) A student enrolled in a dropout prevention and recovery	37727
program, which program has received a waiver from the department,	37728
may qualify for graduation from high school by successfully	37729
completing a competency-based instructional program administered	37730
by the dropout prevention and recovery program in lieu of	37731
completing the Ohio core curriculum prescribed in division (C) of	37732
this section. The department shall grant a waiver to a dropout	37733
prevention and recovery program, within sixty days after the	37734
program applies for the waiver, if the program meets all of the	37735
following conditions:	37736

(1) The program serves only students not younger than sixteen	37737
years of age and not older than twenty-one years of age.	37738

(2) The program enrolls students who, at the time of their	37739
initial enrollment, either, or both, are at least one grade level	37740
behind their cohort age groups or experience crises that	37741
significantly interfere with their academic progress such that	37742
they are prevented from continuing their traditional programs.	37743

(3) The program requires students to attain at least the	37744
applicable score designated for each of the assessments prescribed	37745
under division (B)(1) of section 3301.0710 of the Revised Code or,	37746
to the extent prescribed by rule of the state board under division	37747
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	37748
of that section.	37749

(4) The program develops an individual career plan for the	37750
student that specifies the student's matriculating to a two-year	37751
degree program, acquiring a business and industry credential, or	37752
entering an apprenticeship.	37753

(5) The program provides counseling and support for the	37754
student related to the plan developed under division (F)(4) of	37755
this section during the remainder of the student's high school	37756
experience.	37757

(6) The program requires the student and the student's	37758
parent, guardian, or custodian to sign and file, in accordance	37759
with procedural requirements stipulated by the program, a written	37760
statement asserting the parent's, guardian's, or custodian's	37761
consent to the student's graduating without completing the Ohio	37762
core curriculum and acknowledging that one consequence of not	37763
completing the Ohio core curriculum is ineligibility to enroll in	37764
most state universities in Ohio without further coursework.	37765

(7) Prior to receiving the waiver, the program has submitted	37766
to the department an instructional plan that demonstrates how the	37767
academic content standards adopted by the state board under	37768
section 3301.079 of the Revised Code will be taught and assessed.	37769

If the department does not act either to grant the waiver or	37770
to reject the program application for the waiver within sixty days	37771
as required under this section, the waiver shall be considered to	37772
be granted.	37773

(G) Every high school may permit students below the ninth	37774
grade to take advanced work. If a high school so permits, it shall	37775
award high school credit for successful completion of the advanced	37776
work and shall count such advanced work toward the graduation	37777
requirements of division (B) or (C) of this section if the	37778
advanced work was both:	37779

(1) Taught by a person who possesses a license or certificate	37780
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	37781
Code that is valid for teaching high school;	37782

(2) Designated by the board of education of the city, local,	37783
or exempted village school district, the board of the cooperative	37784
education school district, or the governing authority of the	37785
chartered nonpublic school as meeting the high school curriculum	37786
requirements.	37787

Each high school shall record on the student's high school	37788
transcript all high school credit awarded under division (G) of	37789
this section. In addition, if the student completed a seventh- or	37790
eighth-grade fine arts course described in division (K) of this	37791
section and the course qualified for high school credit under that	37792
division, the high school shall record that course on the	37793
student's high school transcript.	37794

(H) The department shall make its individual academic career	37795
plan available through its Ohio career information system web site	37796
for districts and schools to use as a tool for communicating with	37797
and providing guidance to students and families in selecting high	37798
school courses.	37799

(I) Units earned in English language arts, mathematics,	37800
science, and social studies that are delivered through integrated	37801
academic and career-technical instruction are eligible to meet the	37802
graduation requirements of division (B) or (C) of this section.	37803

(J) The state board, in consultation with the chancellor,	37804
shall adopt a statewide plan implementing methods for students to	37805
earn units of high school credit based on a demonstration of	37806
subject area competency, instead of or in combination with	37807
completing hours of classroom instruction. The state board shall	37808
adopt the plan not later than March 31, 2009, and commence phasing	37809
in the plan during the 2009-2010 school year. The plan shall	37810
include a standard method for recording demonstrated proficiency	37811
on high school transcripts. Each school district and community	37812
school shall comply with the state board's plan adopted under this	37813
division and award units of high school credit in accordance with	37814
the plan. The state board may adopt existing methods for earning	37815
high school credit based on a demonstration of subject area	37816
competency as necessary prior to the 2009-2010 school year.	37817

(K) This division does not apply to students who qualify for	37818
graduation from high school under division (D) or (F) of this	37819
section, or to students pursuing a career-technical instructional	37820
track as determined by the school district board of education or	37821
the chartered nonpublic school's governing authority.	37822
Nevertheless, the general assembly encourages such students to	37823
consider enrolling in a fine arts course as an elective.	37824

Beginning with students who enter ninth grade for the first	37825
time on or after July 1, 2010, each student enrolled in a public	37826
or chartered nonpublic high school shall complete two semesters or	37827
the equivalent of fine arts to graduate from high school. The	37828
coursework may be completed in any of grades seven to twelve. Each	37829
student who completes a fine arts course in grade seven or eight	37830
may elect to count that course toward the five units of electives	37831
required for graduation under division (C)(8) of this section, if	37832
the course satisfied the requirements of division (G) of this	37833
section. In that case, the high school shall award the student	37834
high school credit for the course and count the course toward the	37835
five units required under division (C)(8) of this section. If the	37836
course in grade seven or eight did not satisfy the requirements of	37837
division (G) of this section, the high school shall not award the	37838
student high school credit for the course but shall count the	37839
course toward the two semesters or the equivalent of fine arts	37840
required by this division.	37841

(L) Notwithstanding anything to the contrary in this section,	37842
the board of education of each school district and the governing	37843
authority of each chartered nonpublic school may adopt a policy to	37844
excuse from the high school physical education requirement each	37845
student who, during high school, has participated in	37846
interscholastic athletics, marching band, or cheerleading for at	37847
least two full seasons or in the junior reserve officer training	37848
corps for at least two full school years. If the board or	37849
authority adopts such a policy, the board or authority shall not	37850
require the student to complete any physical education course as a	37851
condition to graduate. However, the student shall be required to	37852
complete one-half unit, consisting of at least sixty hours of	37853
instruction, in another course of study. In the case of a student	37854
who has participated in the junior reserve officer training corps	37855
for at least two full school years, credit received for that	37856
participation may be used to satisfy the requirement to complete	37857
one-half unit in another course of study.	37858

(M) It is important that high school students learn and	37859
understand United States history and the governments of both the	37860
United States and the state of Ohio. Therefore, beginning with	37861
students who enter ninth grade for the first time on or after July	37862
1, 2012, the study of American history and American government	37863
required by divisions (B)(6) and (C)(6) of this section shall	37864
include the study of all of the following documents:	37865

(1) The Declaration of Independence;

37866

(2) The Northwest Ordinance;

37867

(3) The Constitution of the United States with emphasis on	37868
the Bill of Rights;	37869

(4) The Ohio Constitution.

37870

The study of each of the documents prescribed in divisions	37871
(M)(1) to (4) of this section shall include study of that document	37872
in its original context.	37873

The study of American history and government required by	37874
divisions (B)(6) and (C)(6) of this section shall include the	37875
historical evidence of the role of documents such as the	37876
Federalist Papers and the Anti-Federalist Papers to firmly	37877
establish the historical background leading to the establishment	37878
of the provisions of the Constitution and Bill of Rights.	37879

Sec. 3313.6013. (A) As used in this section, "~~dual enrollment~~	37880
advanced standing program" means a program that enables a student	37881
to earn credit toward a degree from an institution of higher	37882
education while enrolled in high school or that enables a student	37883
to complete coursework while enrolled in high school that may earn	37884
credit toward a degree from an institution of higher education	37885
upon the student's attainment of a specified score on an	37886
examination covering the coursework. ~~Dual enrollment~~Advanced	37887
standing programs may include any of the following:	37888

(1) The ~~post-secondary enrollment options~~college credit plus	37889
program established under Chapter 3365. of the Revised Code;	37890

(2) Advanced placement courses;

37891

(3) ~~Any similar program established pursuant to an agreement~~	37892
~~between a school district or chartered nonpublic high school and~~	37893
~~an institution of higher education~~International baccalaureate	37894
program credits.	37895

(B) Each city, local, exempted village, and joint vocational	37896
school district and each chartered nonpublic high school shall	37897
provide students enrolled in grades nine through twelve with the	37898
opportunity to participate in ~~a dual enrollment~~an advanced	37899
standing program. For this purpose, each ~~school~~ district ~~and~~	37900
~~chartered nonpublic high~~or school shall offer at least one ~~dual~~	37901
~~enrollment~~advanced standing program ~~in accordance with division~~	37902
~~(B)(1) or (2) of this section, as applicable~~.	37903

~~(1) A city, local, or exempted village school district meets~~	37904
~~the requirements of this division through its mandatory~~	37905
~~participation in the post-secondary enrollment options program~~	37906
~~established under Chapter 3365. of the Revised Code. However, a~~	37907
~~city, local, or exempted village school district may offer any~~	37908
~~other dual enrollment program, in addition to the post-secondary~~	37909
~~enrollment options program, and each joint vocational school~~	37910
~~district shall offer at least one other dual enrollment program,~~	37911
~~to students in good standing, as defined by the partnership for~~	37912
~~continued learning under section 3301.42 of the Revised Code as it~~	37913
~~existed prior to October 16, 2009, or as subsequently defined by~~	37914
~~the department of education.~~	37915

~~(2) A chartered nonpublic high school that elects to~~	37916
~~participate in the post-secondary enrollment options program~~	37917
~~established under Chapter 3365. of the Revised Code meets the~~	37918
~~requirements of this division. Each chartered nonpublic high~~	37919
~~school that elects not to participate in the post-secondary~~	37920
~~enrollment options program instead shall offer at least one other~~	37921
~~dual enrollment program to students in good standing, as defined~~	37922
~~by the partnership for continued learning under section 3301.42 of~~	37923
~~the Revised Code as it existed prior to October 16, 2009, or as~~	37924
~~subsequently defined by the department of education.~~	37925

(C) Each school district and each chartered nonpublic high	37926
school shall provide information about the ~~dual enrollment~~	37927
advanced standing programs offered by the district or school to	37928
all students enrolled in grades eight through eleven.	37929

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	37930
the department of education shall administer a pilot program	37931
requiring daily physical activity for students. Any school	37932
district; community school established under Chapter 3314. of the	37933
Revised Code; science, technology, engineering, and mathematics	37934
school established under Chapter 3326. of the Revised Code; or	37935
chartered nonpublic school annually may elect to participate in	37936
the pilot program by notifying the department of its interest by a	37937
date established by the department. If a school district elects to	37938
participate in the pilot program, each school building operated by	37939
the district shall be required to participate. To the maximum	37940
extent possible, the department shall seek to include in the pilot	37941
program districts and schools that are located in urban, suburban,	37942
and rural areas distributed geographically throughout the state.	37943
The department shall administer the pilot program in accordance	37944
with this section.	37945

(B) Except as provided in division (C) of this section, each	37946
district or school participating in the pilot program shall	37947
require all students in each of grades kindergarten through twelve	37948
to engage in at least thirty minutes of moderate to rigorous	37949
physical activity each school day, exclusive of recess. Physical	37950
activity engaged in during the following may count toward the	37951
daily requirement:	37952

(1) A physical education course;

37953

(2) A program or activity occurring before or after the	37954
regular school day, as defined in section 3313.814 of the Revised	37955
Code, that is sponsored or approved by the school of attendance,	37956
provided school officials are able to monitor students'	37957
participation to ensure compliance with the requirement.	37958

(C) None of the following shall be subject to the requirement	37959
of division (B) of this section:	37960

(1) Any student enrolled in the ~~post-secondary enrollment~~	37961
~~options~~college credit plus program established under Chapter	37962
3365. of the Revised Code;	37963

(2) Any student enrolled in a career-technical education	37964
program operated by the district or school;	37965

(3) Any student enrolled in a dropout prevention and recovery	37966
program operated by the district or school.	37967

(D) For any period in which a student is participating in	37968
interscholastic athletics, marching band, cheerleading, or a	37969
junior reserve officer training corps program, the district or	37970
school may excuse the student from the requirement of division (B)	37971
of this section.	37972

(E) The district or school may excuse any kindergarten	37973
student who is not enrolled in all-day kindergarten, as defined in	37974
section 3321.05 of the Revised Code, from the requirement of	37975
division (B) of this section.	37976

(F) Each district or school annually shall report to the	37977
department, in the manner prescribed by the department, how the	37978
district or school implemented the thirty minutes of daily	37979
physical activity and the financial costs of implementation. The	37980
department shall issue an annual report of the data collected	37981
under this division.	37982

Sec. 3313.62. The school year shall begin on the first day	37983
of July of each calendar year and close on the thirtieth day of	37984
June of the succeeding calendar year. ~~A school week shall consist~~	37985
~~of five days, and a school month of four school weeks~~. A chartered	37986
nonpublic school may be open for instruction with pupils in	37987
attendance on any day of the week, including Saturday or Sunday.	37988

Sec. 3313.64. (A) As used in this section and in section	37989
3313.65 of the Revised Code:	37990

(1)(a) Except as provided in division (A)(1)(b) of this	37991
section, "parent" means either parent, unless the parents are	37992
separated or divorced or their marriage has been dissolved or	37993
annulled, in which case "parent" means the parent who is the	37994
residential parent and legal custodian of the child. When a child	37995
is in the legal custody of a government agency or a person other	37996
than the child's natural or adoptive parent, "parent" means the	37997
parent with residual parental rights, privileges, and	37998
responsibilities. When a child is in the permanent custody of a	37999
government agency or a person other than the child's natural or	38000
adoptive parent, "parent" means the parent who was divested of	38001
parental rights and responsibilities for the care of the child and	38002
the right to have the child live with the parent and be the legal	38003
custodian of the child and all residual parental rights,	38004
privileges, and responsibilities.	38005

(b) When a child is the subject of a power of attorney	38006
executed under sections 3109.51 to 3109.62 of the Revised Code,	38007
"parent" means the grandparent designated as attorney in fact	38008
under the power of attorney. When a child is the subject of a	38009
caretaker authorization affidavit executed under sections 3109.64	38010
to 3109.73 of the Revised Code, "parent" means the grandparent	38011
that executed the affidavit.	38012

(2) "Legal custody," "permanent custody," and "residual	38013
parental rights, privileges, and responsibilities" have the same	38014
meanings as in section 2151.011 of the Revised Code.	38015

(3) "School district" or "district" means a city, local, or	38016
exempted village school district and excludes any school operated	38017
in an institution maintained by the department of youth services.	38018

(4) Except as used in division (C)(2) of this section, "home"	38019
means a home, institution, foster home, group home, or other	38020
residential facility in this state that receives and cares for	38021
children, to which any of the following applies:	38022

(a) The home is licensed, certified, or approved for such	38023
purpose by the state or is maintained by the department of youth	38024
services.	38025

(b) The home is operated by a person who is licensed,	38026
certified, or approved by the state to operate the home for such	38027
purpose.	38028

(c) The home accepted the child through a placement by a	38029
person licensed, certified, or approved to place a child in such a	38030
home by the state.	38031

(d) The home is a children's home created under section	38032
5153.21 or 5153.36 of the Revised Code.	38033

(5) "Agency" means all of the following:

38034

(a) A public children services agency;

38035

(b) An organization that holds a certificate issued by the	38036
Ohio department of job and family services in accordance with the	38037
requirements of section 5103.03 of the Revised Code and assumes	38038
temporary or permanent custody of children through commitment,	38039
agreement, or surrender, and places children in family homes for	38040
the purpose of adoption;	38041

(c) Comparable agencies of other states or countries that	38042
have complied with applicable requirements of section 2151.39 of	38043
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	38044
5103.23 to 5103.237 of the Revised Code.	38045

(6) A child is placed for adoption if either of the following	38046
occurs:	38047

(a) An agency to which the child has been permanently	38048
committed or surrendered enters into an agreement with a person	38049
pursuant to section 5103.16 of the Revised Code for the care and	38050
adoption of the child.	38051

(b) The child's natural parent places the child pursuant to	38052
section 5103.16 of the Revised Code with a person who will care	38053
for and adopt the child.	38054

(7) "Preschool child with a disability" has the same meaning	38055
as in section 3323.01 of the Revised Code.	38056

(8) "Child," unless otherwise indicated, includes preschool	38057
children with disabilities.	38058

(9) "Active duty" means active duty pursuant to an executive	38059
order of the president of the United States, an act of the	38060
congress of the United States, or section 5919.29 or 5923.21 of	38061
the Revised Code.	38062

(B) Except as otherwise provided in section 3321.01 of the	38063
Revised Code for admittance to kindergarten and first grade, a	38064
child who is at least five but under twenty-two years of age and	38065
any preschool child with a disability shall be admitted to school	38066
as provided in this division.	38067

(1) A child shall be admitted to the schools of the school	38068
district in which the child's parent resides.	38069

(2) AExcept as provided in division (B) of section 2151.362	38070
and section 3317.30 of the Revised Code, a child who does not	38071
reside in the district where the child's parent resides shall be	38072
admitted to the schools of the district in which the child resides	38073
if any of the following applies:	38074

(a) The child is in the legal or permanent custody of a	38075
government agency or a person other than the child's natural or	38076
adoptive parent.	38077

(b) The child resides in a home.

38078

38079

(3) A child who is not entitled under division (B)(2) of this	38080
section to be admitted to the schools of the district where the	38081
child resides and who is residing with a resident of this state	38082
with whom the child has been placed for adoption shall be admitted	38083
to the schools of the district where the child resides unless	38084
either of the following applies:	38085

(a) The placement for adoption has been terminated.

38086

(b) Another school district is required to admit the child	38087
under division (B)(1) of this section.	38088

Division (B) of this section does not prohibit the board of	38089
education of a school district from placing a child with a	38090
disability who resides in the district in a special education	38091
program outside of the district or its schools in compliance with	38092
Chapter 3323. of the Revised Code.	38093

(C) A district shall not charge tuition for children admitted	38094
under division (B)(1) or (3) of this section. If the district	38095
admits a child under division (B)(2) of this section, tuition	38096
shall be paid to the district that admits the child as provided in	38097
divisions (C)(1) to (3) of this section, unless division (C)(4) of	38098
this section applies to the child:	38099

(1) If the child receives special education in accordance	38100
with Chapter 3323. of the Revised Code, the school district of	38101
residence, as defined in section 3323.01 of the Revised Code,	38102
shall pay tuition for the child in accordance with section	38103
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	38104
regardless of who has custody of the child or whether the child	38105
resides in a home.	38106

(2) For a child that does not receive special education in	38107
accordance with Chapter 3323. of the Revised Code, except as	38108
otherwise provided in division (C)(2)(d) of this section, if the	38109
child is in the permanent or legal custody of a government agency	38110
or person other than the child's parent, tuition shall be paid by:	38111

(a) The district in which the child's parent resided at the	38112
time the court removed the child from home or at the time the	38113
court vested legal or permanent custody of the child in the person	38114
or government agency, whichever occurred first;	38115

(b) If the parent's residence at the time the court removed	38116
the child from home or placed the child in the legal or permanent	38117
custody of the person or government agency is unknown, tuition	38118
shall be paid by the district in which the child resided at the	38119
time the child was removed from home or placed in legal or	38120
permanent custody, whichever occurred first;	38121

(c) If a school district cannot be established under division	38122
(C)(2)(a) or (b) of this section, tuition shall be paid by the	38123
district determined as required by section 2151.362 of the Revised	38124
Code by the court at the time it vests custody of the child in the	38125
person or government agency;	38126

(d) If at the time the court removed the child from home or	38127
vested legal or permanent custody of the child in the person or	38128
government agency, whichever occurred first, one parent was in a	38129
residential or correctional facility or a juvenile residential	38130
placement and the other parent, if living and not in such a	38131
facility or placement, was not known to reside in this state,	38132
tuition shall be paid by the district determined under division	38133
(D) of section 3313.65 of the Revised Code as the district	38134
required to pay any tuition while the parent was in such facility	38135
or placement;	38136

(e) If the department of education has determined, pursuant	38137
to division (A)(2) of section 2151.362 of the Revised Code, that a	38138
school district other than the one named in the court's initial	38139
order, or in a prior determination of the department, is	38140
responsible to bear the cost of educating the child, the district	38141
so determined shall be responsible for that cost.	38142

(3) If the child is not in the permanent or legal custody of	38143
a government agency or person other than the child's parent and	38144
the child resides in a home, tuition shall be paid by one of the	38145
following:	38146

(a) The school district in which the child's parent resides;

38147

(b) If the child's parent is not a resident of this state,	38148
the home in which the child resides.	38149

(4) Division (C)(4) of this section applies to any child who	38150
is admitted to a school district under division (B)(2) of this	38151
section, resides in a home that is not a foster home or, a home	38152
maintained by the department of youth services, a detention	38153
facility established under section 2152.41 of the Revised Code, or	38154
a juvenile facility established under section 2151.65 of the	38155
Revised Code, receives educational services at the home or	38156
facility in which the child resides pursuant to a contract between	38157
the home or facility and the school district providing those	38158
services, and does not receive special education.	38159

In the case of a child to which division (C)(4) of this	38160
section applies, the total educational cost to be paid for the	38161
child shall be determined by a formula approved by the department	38162
of education, which formula shall be designed to calculate a per	38163
diem cost for the educational services provided to the child for	38164
each day the child is served and shall reflect the total actual	38165
cost incurred in providing those services. The department shall	38166
certify the total educational cost to be paid for the child to	38167
both the school district providing the educational services and,	38168
if different, the school district that is responsible to pay	38169
tuition for the child. The department shall deduct the certified	38170
amount from the state basic aid funds payable under Chapter 3317.	38171
of the Revised Code to the district responsible to pay tuition and	38172
shall pay that amount to the district providing the educational	38173
services to the child.	38174

(D) Tuition required to be paid under divisions (C)(2) and	38175
(3)(a) of this section shall be computed in accordance with	38176
section 3317.08 of the Revised Code. Tuition required to be paid	38177
under division (C)(3)(b) of this section shall be computed in	38178
accordance with section 3317.081 of the Revised Code. If a home	38179
fails to pay the tuition required by division (C)(3)(b) of this	38180
section, the board of education providing the education may	38181
recover in a civil action the tuition and the expenses incurred in	38182
prosecuting the action, including court costs and reasonable	38183
attorney's fees. If the prosecuting attorney or city director of	38184
law represents the board in such action, costs and reasonable	38185
attorney's fees awarded by the court, based upon the prosecuting	38186
attorney's, director's, or one of their designee's time spent	38187
preparing and presenting the case, shall be deposited in the	38188
county or city general fund.	38189

(E) A board of education may enroll a child free of any	38190
tuition obligation for a period not to exceed sixty days, on the	38191
sworn statement of an adult resident of the district that the	38192
resident has initiated legal proceedings for custody of the child.	38193

(F) In the case of any individual entitled to attend school	38194
under this division, no tuition shall be charged by the school	38195
district of attendance and no other school district shall be	38196
required to pay tuition for the individual's attendance.	38197
Notwithstanding division (B), (C), or (E) of this section:	38198

(1) All persons at least eighteen but under twenty-two years	38199
of age who live apart from their parents, support themselves by	38200
their own labor, and have not successfully completed the high	38201
school curriculum or the individualized education program	38202
developed for the person by the high school pursuant to section	38203
3323.08 of the Revised Code, are entitled to attend school in the	38204
district in which they reside.	38205

(2) Any child under eighteen years of age who is married is	38206
entitled to attend school in the child's district of residence.	38207

(3) A child is entitled to attend school in the district in	38208
which either of the child's parents is employed if the child has a	38209
medical condition that may require emergency medical attention.	38210
The parent of a child entitled to attend school under division	38211
(F)(3) of this section shall submit to the board of education of	38212
the district in which the parent is employed a statement from the	38213
child's physician certifying that the child's medical condition	38214
may require emergency medical attention. The statement shall be	38215
supported by such other evidence as the board may require.	38216

(4) Any child residing with a person other than the child's	38217
parent is entitled, for a period not to exceed twelve months, to	38218
attend school in the district in which that person resides if the	38219
child's parent files an affidavit with the superintendent of the	38220
district in which the person with whom the child is living resides	38221
stating all of the following:	38222

(a) That the parent is serving outside of the state in the	38223
armed services of the United States;	38224

(b) That the parent intends to reside in the district upon	38225
returning to this state;	38226

(c) The name and address of the person with whom the child is	38227
living while the parent is outside the state.	38228

(5) Any child under the age of twenty-two years who, after	38229
the death of a parent, resides in a school district other than the	38230
district in which the child attended school at the time of the	38231
parent's death is entitled to continue to attend school in the	38232
district in which the child attended school at the time of the	38233
parent's death for the remainder of the school year, subject to	38234
approval of that district board.	38235

(6) A child under the age of twenty-two years who resides	38236
with a parent who is having a new house built in a school district	38237
outside the district where the parent is residing is entitled to	38238
attend school for a period of time in the district where the new	38239
house is being built. In order to be entitled to such attendance,	38240
the parent shall provide the district superintendent with the	38241
following:	38242

(a) A sworn statement explaining the situation, revealing the	38243
location of the house being built, and stating the parent's	38244
intention to reside there upon its completion;	38245

(b) A statement from the builder confirming that a new house	38246
is being built for the parent and that the house is at the	38247
location indicated in the parent's statement.	38248

(7) A child under the age of twenty-two years residing with a	38249
parent who has a contract to purchase a house in a school district	38250
outside the district where the parent is residing and who is	38251
waiting upon the date of closing of the mortgage loan for the	38252
purchase of such house is entitled to attend school for a period	38253
of time in the district where the house is being purchased. In	38254
order to be entitled to such attendance, the parent shall provide	38255
the district superintendent with the following:	38256

(a) A sworn statement explaining the situation, revealing the	38257
location of the house being purchased, and stating the parent's	38258
intent to reside there;	38259

(b) A statement from a real estate broker or bank officer	38260
confirming that the parent has a contract to purchase the house,	38261
that the parent is waiting upon the date of closing of the	38262
mortgage loan, and that the house is at the location indicated in	38263
the parent's statement.	38264

The district superintendent shall establish a period of time	38265
not to exceed ninety days during which the child entitled to	38266
attend school under division (F)(6) or (7) of this section may	38267
attend without tuition obligation. A student attending a school	38268
under division (F)(6) or (7) of this section shall be eligible to	38269
participate in interscholastic athletics under the auspices of	38270
that school, provided the board of education of the school	38271
district where the student's parent resides, by a formal action,	38272
releases the student to participate in interscholastic athletics	38273
at the school where the student is attending, and provided the	38274
student receives any authorization required by a public agency or	38275
private organization of which the school district is a member	38276
exercising authority over interscholastic sports.	38277

(8) A child whose parent is a full-time employee of a city,	38278
local, or exempted village school district, or of an educational	38279
service center, may be admitted to the schools of the district	38280
where the child's parent is employed, or in the case of a child	38281
whose parent is employed by an educational service center, in the	38282
district that serves the location where the parent's job is	38283
primarily located, provided the district board of education	38284
establishes such an admission policy by resolution adopted by a	38285
majority of its members. Any such policy shall take effect on the	38286
first day of the school year and the effective date of any	38287
amendment or repeal may not be prior to the first day of the	38288
subsequent school year. The policy shall be uniformly applied to	38289
all such children and shall provide for the admission of any such	38290
child upon request of the parent. No child may be admitted under	38291
this policy after the first day of classes of any school year.	38292

(9) A child who is with the child's parent under the care of	38293
a shelter for victims of domestic violence, as defined in section	38294
3113.33 of the Revised Code, is entitled to attend school free in	38295
the district in which the child is with the child's parent, and no	38296
other school district shall be required to pay tuition for the	38297
child's attendance in that school district.	38298

The enrollment of a child in a school district under this	38299
division shall not be denied due to a delay in the school	38300
district's receipt of any records required under section 3313.672	38301
of the Revised Code or any other records required for enrollment.	38302
Any days of attendance and any credits earned by a child while	38303
enrolled in a school district under this division shall be	38304
transferred to and accepted by any school district in which the	38305
child subsequently enrolls. The state board of education shall	38306
adopt rules to ensure compliance with this division.	38307

(10) Any child under the age of twenty-two years whose parent	38308
has moved out of the school district after the commencement of	38309
classes in the child's senior year of high school is entitled,	38310
subject to the approval of that district board, to attend school	38311
in the district in which the child attended school at the time of	38312
the parental move for the remainder of the school year and for one	38313
additional semester or equivalent term. A district board may also	38314
adopt a policy specifying extenuating circumstances under which a	38315
student may continue to attend school under division (F)(10) of	38316
this section for an additional period of time in order to	38317
successfully complete the high school curriculum for the	38318
individualized education program developed for the student by the	38319
high school pursuant to section 3323.08 of the Revised Code.	38320

(11) As used in this division, "grandparent" means a parent	38321
of a parent of a child. A child under the age of twenty-two years	38322
who is in the custody of the child's parent, resides with a	38323
grandparent, and does not require special education is entitled to	38324
attend the schools of the district in which the child's	38325
grandparent resides, provided that, prior to such attendance in	38326
any school year, the board of education of the school district in	38327
which the child's grandparent resides and the board of education	38328
of the school district in which the child's parent resides enter	38329
into a written agreement specifying that good cause exists for	38330
such attendance, describing the nature of this good cause, and	38331
consenting to such attendance.	38332

In lieu of a consent form signed by a parent, a board of	38333
education may request the grandparent of a child attending school	38334
in the district in which the grandparent resides pursuant to	38335
division (F)(11) of this section to complete any consent form	38336
required by the district, including any authorization required by	38337
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	38338
Code. Upon request, the grandparent shall complete any consent	38339
form required by the district. A school district shall not incur	38340
any liability solely because of its receipt of a consent form from	38341
a grandparent in lieu of a parent.	38342

Division (F)(11) of this section does not create, and shall	38343
not be construed as creating, a new cause of action or substantive	38344
legal right against a school district, a member of a board of	38345
education, or an employee of a school district. This section does	38346
not affect, and shall not be construed as affecting, any	38347
immunities from defenses to tort liability created or recognized	38348
by Chapter 2744. of the Revised Code for a school district,	38349
member, or employee.	38350

(12) A child under the age of twenty-two years is entitled to	38351
attend school in a school district other than the district in	38352
which the child is entitled to attend school under division (B),	38353
(C), or (E) of this section provided that, prior to such	38354
attendance in any school year, both of the following occur:	38355

(a) The superintendent of the district in which the child is	38356
entitled to attend school under division (B), (C), or (E) of this	38357
section contacts the superintendent of another district for	38358
purposes of this division;	38359

(b) The superintendents of both districts enter into a	38360
written agreement that consents to the attendance and specifies	38361
that the purpose of such attendance is to protect the student's	38362
physical or mental well-being or to deal with other extenuating	38363
circumstances deemed appropriate by the superintendents.	38364

While an agreement is in effect under this division for a	38365
student who is not receiving special education under Chapter 3323.	38366
of the Revised Code and notwithstanding Chapter 3327. of the	38367
Revised Code, the board of education of neither school district	38368
involved in the agreement is required to provide transportation	38369
for the student to and from the school where the student attends.	38370

A student attending a school of a district pursuant to this	38371
division shall be allowed to participate in all student	38372
activities, including interscholastic athletics, at the school	38373
where the student is attending on the same basis as any student	38374
who has always attended the schools of that district while of	38375
compulsory school age.	38376

(13) All school districts shall comply with the	38377
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	38378
seq., for the education of homeless children. Each city, local,	38379
and exempted village school district shall comply with the	38380
requirements of that act governing the provision of a free,	38381
appropriate public education, including public preschool, to each	38382
homeless child.	38383

When a child loses permanent housing and becomes a homeless	38384
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	38385
such a homeless person changes temporary living arrangements, the	38386
child's parent or guardian shall have the option of enrolling the	38387
child in either of the following:	38388

(a) The child's school of origin, as defined in 42 U.S.C.A.	38389
11432(g)(3)(C);	38390

(b) The school that is operated by the school district in	38391
which the shelter where the child currently resides is located and	38392
that serves the geographic area in which the shelter is located.	38393

(14) A child under the age of twenty-two years who resides	38394
with a person other than the child's parent is entitled to attend	38395
school in the school district in which that person resides if both	38396
of the following apply:	38397

(a) That person has been appointed, through a military power	38398
of attorney executed under section 574(a) of the "National Defense	38399
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	38400
U.S.C. 1044b, or through a comparable document necessary to	38401
complete a family care plan, as the parent's agent for the care,	38402
custody, and control of the child while the parent is on active	38403
duty as a member of the national guard or a reserve unit of the	38404
armed forces of the United States or because the parent is a	38405
member of the armed forces of the United States and is on a duty	38406
assignment away from the parent's residence.	38407

(b) The military power of attorney or comparable document	38408
includes at least the authority to enroll the child in school.	38409

The entitlement to attend school in the district in which the	38410
parent's agent under the military power of attorney or comparable	38411
document resides applies until the end of the school year in which	38412
the military power of attorney or comparable document expires.	38413

(G) A board of education, after approving admission, may	38414
waive tuition for students who will temporarily reside in the	38415
district and who are either of the following:	38416

(1) Residents or domiciliaries of a foreign nation who	38417
request admission as foreign exchange students;	38418

(2) Residents or domiciliaries of the United States but not	38419
of Ohio who request admission as participants in an exchange	38420
program operated by a student exchange organization.	38421

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	38422
3327.04, and 3327.06 of the Revised Code, a child may attend	38423
school or participate in a special education program in a school	38424
district other than in the district where the child is entitled to	38425
attend school under division (B) of this section.	38426

(I)(1) Notwithstanding anything to the contrary in this	38427
section or section 3313.65 of the Revised Code, a child under	38428
twenty-two years of age may attend school in the school district	38429
in which the child, at the end of the first full week of October	38430
of the school year, was entitled to attend school as otherwise	38431
provided under this section or section 3313.65 of the Revised	38432
Code, if at that time the child was enrolled in the schools of the	38433
district but since that time the child or the child's parent has	38434
relocated to a new address located outside of that school district	38435
and within the same county as the child's or parent's address	38436
immediately prior to the relocation. The child may continue to	38437
attend school in the district, and at the school to which the	38438
child was assigned at the end of the first full week of October of	38439
the current school year, for the balance of the school year.	38440
Division (I)(1) of this section applies only if both of the	38441
following conditions are satisfied:	38442

(a) The board of education of the school district in which	38443
the child was entitled to attend school at the end of the first	38444
full week in October and of the district to which the child or	38445
child's parent has relocated each has adopted a policy to enroll	38446
children described in division (I)(1) of this section.	38447

(b) The child's parent provides written notification of the	38448
relocation outside of the school district to the superintendent of	38449
each of the two school districts.	38450

(2) At the beginning of the school year following the school	38451
year in which the child or the child's parent relocated outside of	38452
the school district as described in division (I)(1) of this	38453
section, the child is not entitled to attend school in the school	38454
district under that division.	38455

(3) Any person or entity owing tuition to the school district	38456
on behalf of the child at the end of the first full week in	38457
October, as provided in division (C) of this section, shall	38458
continue to owe such tuition to the district for the child's	38459
attendance under division (I)(1) of this section for the lesser of	38460
the balance of the school year or the balance of the time that the	38461
child attends school in the district under division (I)(1) of this	38462
section.	38463

(4) A pupil who may attend school in the district under	38464
division (I)(1) of this section shall be entitled to	38465
transportation services pursuant to an agreement between the	38466
district and the district in which the child or child's parent has	38467
relocated unless the districts have not entered into such	38468
agreement, in which case the child shall be entitled to	38469
transportation services in the same manner as a pupil attending	38470
school in the district under interdistrict open enrollment as	38471
described in division (H) of section 3313.981 of the Revised Code,	38472
regardless of whether the district has adopted an open enrollment	38473
policy as described in division (B)(1)(b) or (c) of section	38474
3313.98 of the Revised Code.	38475

(J) This division does not apply to a child receiving special	38476
education.	38477

A school district required to pay tuition pursuant to	38478
division (C)(2) or (3) of this section or section 3313.65 of the	38479
Revised Code shall have an amount deducted under division (C) of	38480
section 3317.023 of the Revised Code equal to its own tuition rate	38481
for the same period of attendance. A school district entitled to	38482
receive tuition pursuant to division (C)(2) or (3) of this section	38483
or section 3313.65 of the Revised Code shall have an amount	38484
credited under division (C) of section 3317.023 of the Revised	38485
Code equal to its own tuition rate for the same period of	38486
attendance. If the tuition rate credited to the district of	38487
attendance exceeds the rate deducted from the district required to	38488
pay tuition, the department of education shall pay the district of	38489
attendance the difference from amounts deducted from all	38490
districts' payments under division (C) of section 3317.023 of the	38491
Revised Code but not credited to other school districts under such	38492
division and from appropriations made for such purpose. The	38493
treasurer of each school district shall, by the fifteenth day of	38494
January and July, furnish the superintendent of public instruction	38495
a report of the names of each child who attended the district's	38496
schools under divisions (C)(2) and (3) of this section or section	38497
3313.65 of the Revised Code during the preceding six calendar	38498
months, the duration of the attendance of those children, the	38499
school district responsible for tuition on behalf of the child,	38500
and any other information that the superintendent requires.	38501

Upon receipt of the report the superintendent, pursuant to	38502
division (C) of section 3317.023 of the Revised Code, shall deduct	38503
each district's tuition obligations under divisions (C)(2) and (3)	38504
of this section or section 3313.65 of the Revised Code and pay to	38505
the district of attendance that amount plus any amount required to	38506
be paid by the state.	38507

(K) In the event of a disagreement, the superintendent of	38508
public instruction shall determine the school district in which	38509
the parent resides.	38510

(L) Nothing in this section requires or authorizes, or shall	38511
be construed to require or authorize, the admission to a public	38512
school in this state of a pupil who has been permanently excluded	38513
from public school attendance by the superintendent of public	38514
instruction pursuant to sections 3301.121 and 3313.662 of the	38515
Revised Code.	38516

(M) In accordance with division (B)(1) of this section, a	38517
child whose parent is a member of the national guard or a reserve	38518
unit of the armed forces of the United States and is called to	38519
active duty, or a child whose parent is a member of the armed	38520
forces of the United States and is ordered to a temporary duty	38521
assignment outside of the district, may continue to attend school	38522
in the district in which the child's parent lived before being	38523
called to active duty or ordered to a temporary duty assignment	38524
outside of the district, as long as the child's parent continues	38525
to be a resident of that district, and regardless of where the	38526
child lives as a result of the parent's active duty status or	38527
temporary duty assignment. However, the district is not	38528
responsible for providing transportation for the child if the	38529
child lives outside of the district as a result of the parent's	38530
active duty status or temporary duty assignment.	38531

Sec. 3313.646. (A) The board of education of a school	38532
district, except a cooperative education district established	38533
pursuant to section 3311.521 of the Revised Code, may establish	38534
and operate a ~~preschool~~ program to provide services to	38535
preschool-age children, provided the board has demonstrated a need	38536
for the program. A board may use school funds in support of	38537
preschool programs. The board shall maintain, operate, and admit	38538
children to any such program pursuant to rules adopted by such	38539
board and the rules of the state board of education adopted under	38540
sections 3301.52 to 3301.57 of the Revised Code.	38541

A board of education may establish fees or tuition, which may	38542
be graduated in proportion to family income, for participation in	38543
a preschool program. In cases where payment of fees or tuition	38544
would create a hardship for the child's parent or guardian, the	38545
board may waive any such fees or tuition.	38546

(B) No board of education that is not receiving funds under	38547
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on	38548
March 17, 1989, shall compete for funds under the "Head Start Act"	38549
with any grantee receiving funds under that act.	38550

(C) A board of education may contract with any of the	38551
following preschool providers to provide ~~preschool programs~~	38552
services to preschool-age children, other than ~~programs for units~~	38553
~~described by divisions (B) and (C) of~~those services for which the	38554
district is eligible to receive funding under section ~~3317.05~~	38555
3317.0213 of the Revised Code~~, for children of the school~~	38556
~~district~~:	38557

(1) Any organization receiving funds under the "Head Start	38558
Act";	38559

(2) Any nonsectarian eligible nonpublic school as defined in	38560
division (H) of section 3301.52 of the Revised Code;	38561

(3) Any child care provider licensed under Chapter 5104. of	38562
the Revised Code.	38563

Boards may contract to provide ~~preschool programs~~services to	38564
preschool-age children only with such organizations whose staff	38565
meet the requirements of rules adopted under section 3301.53 of	38566
the Revised Code or those of the child development associate	38567
credential established by the national association for the	38568
education of young children.	38569

(D) A contract entered into under division (C) of this	38570
section may provide for the board of education to lease school	38571
facilities to the preschool provider or to furnish transportation,	38572
utilities, or staff for the preschool program.	38573

(E) The treasurer of any board of education operating a	38574
preschool program pursuant to this section shall keep an account	38575
of all funds used to operate the program in the same manner as the	38576
treasurer would any other funds of the district pursuant to this	38577
chapter.	38578

Sec. 3313.65. (A) As used in this section and section	38579
3313.64 of the Revised Code:	38580

(1) A person is "in a residential facility" if the person is	38581
a resident or a resident patient of an institution, home, or other	38582
residential facility that is:	38583

(a) Licensed as a nursing home, residential care facility, or	38584
home for the aging by the director of health under section 3721.02	38585
of the Revised Code;	38586

(b) Maintained as a county home or district home by the board	38587
of county commissioners or a joint board of county commissioners	38588
under Chapter 5155. of the Revised Code;	38589

(c) Operated or administered by a board of alcohol, drug	38590
addiction, and mental health services under section 340.03 or	38591
~~340.06~~ of the Revised Code, or provides residential care pursuant	38592
to contracts made under section 340.03 ~~or 340.033~~ of the Revised	38593
Code;	38594

(d) Maintained as a state institution for the mentally ill	38595
under Chapter 5119. of the Revised Code;	38596

(e) Licensed by the department of ~~mental health~~mental health	38597
and addiction services under section ~~5119.20~~5119.33 or ~~5119.22~~	38598
5119.34 of the Revised Code;	38599

(f) Licensed as a residential facility by the department of	38600
developmental disabilities under section 5123.19 of the Revised	38601
Code;	38602

(g) Operated by the veteran's administration or another	38603
agency of the United States government;	38604

(h) Operated by the Ohio veterans' home.

38605

(2) A person is "in a correctional facility" if any of the	38606
following apply:	38607

(a) The person is an Ohio resident and is:

38608

(i) Imprisoned, as defined in section 1.05 of the Revised	38609
Code;	38610

(ii) Serving a term in a community-based correctional	38611
facility or a district community-based correctional facility;	38612

(iii) Required, as a condition of parole, a post-release	38613
control sanction, a community control sanction, transitional	38614
control, or early release from imprisonment, as a condition of	38615
shock parole or shock probation granted under the law in effect	38616
prior to July 1, 1996, or as a condition of a furlough granted	38617
under the version of section 2967.26 of the Revised Code in effect	38618
prior to March 17, 1998, to reside in a halfway house or other	38619
community residential center licensed under section 2967.14 of the	38620
Revised Code or a similar facility designated by the court of	38621
common pleas that established the condition or by the adult parole	38622
authority.	38623

(b) The person is imprisoned in a state correctional	38624
institution of another state or a federal correctional institution	38625
but was an Ohio resident at the time the sentence was imposed for	38626
the crime for which the person is imprisoned.	38627

(3) A person is "in a juvenile residential placement" if the	38628
person is an Ohio resident who is under twenty-one years of age	38629
and has been removed, by the order of a juvenile court, from the	38630
place the person resided at the time the person became subject to	38631
the court's jurisdiction in the matter that resulted in the	38632
person's removal.	38633

(4) "Community control sanction" has the same meaning as in	38634
section 2929.01 of the Revised Code.	38635

(5) "Post-release control sanction" has the same meaning as	38636
in section 2967.01 of the Revised Code.	38637

(B) If the circumstances described in division (C) of this	38638
section apply, the determination of what school district must	38639
admit a child to its schools and what district, if any, is liable	38640
for tuition shall be made in accordance with this section, rather	38641
than section 3313.64 of the Revised Code.	38642

(C) A child who does not reside in the school district in	38643
which the child's parent resides and for whom a tuition obligation	38644
previously has not been established under division (C)(2) of	38645
section 3313.64 of the Revised Code shall be admitted to the	38646
schools of the district in which the child resides if at least one	38647
of the child's parents is in a residential or correctional	38648
facility or a juvenile residential placement and the other parent,	38649
if living and not in such a facility or placement, is not known to	38650
reside in this state.	38651

(D) Regardless of who has custody or care of the child,	38652
whether the child resides in a home, or whether the child receives	38653
special education, if a district admits a child under division (C)	38654
of this section, tuition shall be paid to that district as	38655
follows:	38656

(1) If the child's parent is in a juvenile residential	38657
placement, by the district in which the child's parent resided at	38658
the time the parent became subject to the jurisdiction of the	38659
juvenile court;	38660

(2) If the child's parent is in a correctional facility, by	38661
the district in which the child's parent resided at the time the	38662
sentence was imposed;	38663

(3) If the child's parent is in a residential facility, by	38664
the district in which the parent resided at the time the parent	38665
was admitted to the residential facility, except that if the	38666
parent was transferred from another residential facility, tuition	38667
shall be paid by the district in which the parent resided at the	38668
time the parent was admitted to the facility from which the parent	38669
first was transferred;	38670

(4) In the event of a disagreement as to which school	38671
district is liable for tuition under division (C)(1), (2), or (3)	38672
of this section, the superintendent of public instruction shall	38673
determine which district shall pay tuition.	38674

(E) If a child covered by division (D) of this section	38675
receives special education in accordance with Chapter 3323. of the	38676
Revised Code, the tuition shall be paid in accordance with section	38677
3323.13 or 3323.14 of the Revised Code. Tuition for children who	38678
do not receive special education shall be paid in accordance with	38679
division (J) of section 3313.64 of the Revised Code.	38680

Sec. 3313.714. (A) As used in this section:

38681

(1) "Board of education" means the board of education of a	38682
city, local, exempted village, or joint vocational school	38683
district.	38684

(2) "Healthcheck" means the early and periodic screening,	38685
diagnosis, and treatment program, a component of the ~~medical~~	38686
~~assistance~~medicaid program ~~established under Title XIX of the~~	38687
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 302, as~~	38688
~~amended, and Chapter 5111. of the Revised Code~~.	38689

(3) "Pupil" means a person under age twenty-two enrolled in	38690
the schools of a city, local, exempted village, or joint	38691
vocational school district.	38692

(4) "Parent" means either parent with the following	38693
exceptions:	38694

(a) If one parent has custody by court order, "parent" means	38695
the parent with custody.	38696

(b) If neither parent has legal custody, "parent" means the	38697
person or government entity with legal custody.	38698

(c) The child's legal guardian or a person who has accepted	38699
responsibility for the health, safety, and welfare of the child.	38700

(B) At the request of the department of ~~job and family~~	38701
~~services~~medicaid, a board of education shall establish and	38702
conduct a healthcheck program for pupils enrolled in the schools	38703
of the district who are medicaid recipients ~~of medical assistance~~	38704
~~under Chapter 5111. of the Revised Code~~. At the request of a board	38705
of education, the department may authorize the board to establish	38706
a healthcheck program. A board that establishes a healthcheck	38707
program shall enter into a ~~medical assistance~~medicaid provider	38708
agreement with the department.	38709

A healthcheck program established by a board of education	38710
shall be conducted in accordance with rules adopted by the	38711
medicaid director ~~of job and family services~~ under division (F) of	38712
this section. The healthcheck program shall include all of the	38713
following components:	38714

(1) A comprehensive health and development history;

38715

(2) A comprehensive physical examination;

38716

(3) A developmental assessment;

38717

(4) A nutritional assessment;

38718

(5) A vision assessment;

38719

(6) A hearing assessment;

38720

(7) An immunization assessment;

38721

(8) Lead screening and laboratory tests ordered by a doctor	38722
of medicine or osteopathic medicine as part of one of the other	38723
components;	38724

(9) Such other assessment as may be required by the	38725
department of ~~job and family services~~medicaid in accordance with	38726
the requirements of the healthcheck program.	38727

All services included in a board of education's healthcheck	38728
program that the board provided under sections 3313.67, 3313.673,	38729
3313.68, 3313.69, and 3313.71 of the Revised Code during the	38730
1990-1991 school year shall continue to be provided to ~~medical~~	38731
~~assistance~~medicaid recipients by the board pursuant to those	38732
sections. The services shall be considered part of the healthcheck	38733
program for medicaid recipients ~~of medical assistance~~, and the	38734
board shall be eligible for ~~reimbursement~~payment from the ~~state~~	38735
department in accordance with this division for providing the	38736
services.	38737

The department shall ~~reimburse~~pay boards of education for	38738
healthcheck program services provided under this division at the	38739
rates paid under the ~~medical assistance~~medicaid program to	38740
physicians, dentists, nurses, and other providers of healthcheck	38741
services.	38742

(C) Each board of education that conducts a healthcheck	38743
program shall determine for each pupil enrolled in the schools of	38744
the district whether the pupil is a ~~medical assistance~~medicaid	38745
recipient. The department of ~~job and family services~~medicaid and	38746
county departments of ~~human services~~job and family services shall	38747
assist the board in making these determinations. Except as	38748
necessary to carry out the purposes of this section, all	38749
information received by a board under this division shall be	38750
confidential.	38751

Before the first day of October of each year, each board that	38752
conducts a healthcheck program shall send the parent of each pupil	38753
who is under age eighteen and a medicaid recipient ~~of medical~~	38754
~~assistance~~ notice that the pupil will be examined under the	38755
district's healthcheck program unless the parent notifies the	38756
board that the parent denies consent for the examination. The	38757
notice shall include a form to be used by the parent to indicate	38758
that the parent denies consent. The denial shall be effective only	38759
if the form is signed by the parent and returned to the board or	38760
the school in which the pupil is enrolled. If the parent does not	38761
return a signed form indicating denial of consent within two weeks	38762
after the date the notice is sent, the school district and the	38763
department of ~~job and family services~~medicaid shall deem the	38764
parent to have consented to examination of the parent's child	38765
under the healthcheck program. In the case of a pupil age eighteen	38766
or older, the notice shall be given to the pupil, and the school	38767
district and the department of ~~job and family services~~medicaid	38768
shall deem the pupil to have consented to examination unless the	38769
pupil returns the signed form indicating the pupil's denial of	38770
consent.	38771

(D)(1) As used in this division:

38772

(a) "Nonfederal share" means the portion of expenditures for	38773
services that is required under the ~~medical assistance~~medicaid	38774
program to be paid for with state or local government funds.	38775

(b) "Federal financial participation" means the portion of	38776
expenditures for services that is ~~reimbursed~~payable under the	38777
~~medical assistance~~medicaid program with federal funds.	38778

(2) At the request of a board of education, the state	38779
department may enter into an agreement with the board under which	38780
the board provides medical services to a medicaid recipient of	38781
~~medical assistance~~ that are ~~reimbursable~~payable under the ~~medical~~	38782
~~assistance~~medicaid program but not under the healthcheck program.	38783
The agreement may be for a term specified in the agreement and	38784
renewable by mutual consent of the board and the department, or	38785
may continue in force as long as agreeable to the board and the	38786
department.	38787

The board shall use state or local funds of the district to	38788
pay the nonfederal share of expenditures for services provided	38789
under this division. Prior to entering into or renewing an	38790
agreement and at any other time requested by the department while	38791
the agreement is in force, the board shall certify to the	38792
department in accordance with the rules adopted under division (F)	38793
of this section that it will have sufficient state or local funds	38794
to pay the nonfederal share of expenditures under this division.	38795
If the board fails to make the certification, the department shall	38796
not enter into or renew the agreement. If an agreement has been	38797
entered into, it shall be void unless the board makes the	38798
certification not later than fifteen days after receiving notice	38799
from the department that the certification is due. The board shall	38800
report to the department, in accordance with the rules, the amount	38801
of state or local funds it spends to provide services under this	38802
division.	38803

The department shall ~~reimburse~~pay the board the federal	38804
financial participation allowed for the board's expenditures for	38805
services under this division. The total of the nonfederal share	38806
spent by the board and the federal financial participation	38807
~~reimbursed~~paid by the department for a service rendered under	38808
this division shall be an amount agreed to by the board and the	38809
department, but shall not exceed the maximum ~~reimbursable~~payable	38810
amount for that service under rules adopted ~~by the director of job~~	38811
~~and family services~~ under ~~Chapter 5111.~~section 5164.02 of the	38812
Revised Code. The rules adopted under division (F) of this section	38813
shall include procedures under which the department will recover	38814
from a board overpayments and subsequent federal audit	38815
disallowances of federal financial participation ~~reimbursed~~paid	38816
by the department.	38817

(E) A board of education shall provide services under	38818
division (D) of this section and under its healthcheck program as	38819
provided in division (E)(1), (2), or (3) of this section:	38820

(1) By having the services performed by physicians, dentists,	38821
and nurses employed by the board;	38822

(2) By contracting with physicians, dentists, nurses, and	38823
other providers of services who have ~~medical assistance~~medicaid	38824
provider agreements with the department of ~~job and family services~~	38825
medicaid;	38826

(3) By having some of the services performed by persons	38827
described in division (E)(1) of this section and others performed	38828
by persons described in division (E)(2) of this section.	38829

(F) The medicaid director ~~of job and family services~~ shall	38830
adopt rules in accordance with Chapter 119. of the Revised Code	38831
governing healthcheck programs conducted under this section and	38832
services provided under division (D) of this section.	38833

Sec. 3313.715. The board of education of a school district	38834
may request from the director of developmental disabilities the	38835
appropriate identification numbers for all students residing in	38836
the district who are ~~medical assistance~~medicaid recipients ~~under~~	38837
~~Chapter 5111. of the Revised Code~~. The director shall furnish such	38838
numbers upon receipt of lists of student names furnished by the	38839
district board, in such form as the director may require.	38840

The medicaid director ~~of job and family services~~ shall	38841
provide the director of developmental disabilities with the data	38842
necessary for compliance with this section.	38843

Section 3319.321 of the Revised Code does not apply to the	38844
release of student names or other data to the director of	38845
developmental disabilities for the purposes of this section.	38846
Chapter 1347. of the Revised Code does not apply to information	38847
required to be kept by a school board or the departments of ~~job~~	38848
~~and family services~~medicaid or developmental disabilities to the	38849
extent necessary to comply with this section and section 3313.714	38850
of the Revised Code. However, any such information or data shall	38851
be used only for the specific legal purposes of such boards and	38852
departments and shall not be released to any unauthorized person.	38853

Sec. 3313.82. The board of education of each ~~city and~~	38854
~~exempted village~~ school district and the governing board of each	38855
educational service center shall appoint a business advisory	38856
council, except that a school district that has entered into an	38857
agreement under section 3313.843 or 3313.845 of the Revised Code	38858
to receive any services from an educational service center is not	38859
required to appoint a council if the school district and	38860
educational service center agree that the educational service	38861
center's council will represent the business of the district. The	38862
council shall advise and provide recommendations to the board on	38863
matters specified by the board including, but not necessarily	38864
limited to, the delineation of employment skills and the	38865
development of curriculum to instill these skills; changes in the	38866
economy and in the job market, and the types of employment in	38867
which future jobs are most likely to be available; and suggestions	38868
for developing a working relationship among businesses, labor	38869
organizations, and educational personnel ~~in the district or in~~	38870
~~the territory of the educational service center~~. Each board shall	38871
determine the membership and organization of its council.	38872
Notwithstanding division (D) of section 3311.19 and division (D)	38873
of section 3311.52 of the Revised Code, this section shall not	38874
apply to the board of education of any joint vocational school	38875
district or any cooperative education school district created	38876
pursuant to divisions (A) to (C) of section 3311.52 of the Revised	38877
Code.	38878

Sec. 3313.83. (A)(1) For the purpose of pooling resources,	38879
operating more cost effectively, minimizing administrative	38880
overhead, encouraging the sharing of resource development, and	38881
diminishing duplication, the boards of education of two or more	38882
city, local, or exempted village school districts each having a	38883
majority of its territory in a county with a population greater	38884
than one million two hundred thousand, by adopting identical	38885
resolutions, may enter into an agreement providing for the	38886
creation of a regional student education district for the purpose	38887
of funding the following for students enrolled in those school	38888
districts, including students diagnosed as autistic and students	38889
with special needs, and their immediate family members:	38890

(a) Special education services;

38891

(b) Behavioral health services for persons with special	38892
needs.	38893

If more than eight boards of education adopt resolutions to	38894
form a regional student education district, the boards may meet at	38895
facilities of the educational service center of the county to	38896
discuss membership in the district.	38897

(2) The territory of a regional student education district at	38898
any time shall be composed of the combined territories of the	38899
school districts that are parties to the agreement at that time.	38900
Services funded by a regional student education district shall be	38901
available to all individuals enrolled in a school district that is	38902
a part of the regional student education district and members of	38903
their immediate family.	38904

(3) The agreement may be amended pursuant to terms and	38905
procedures mutually agreed to by the boards of education that are	38906
parties to the agreement.	38907

(B) Each regional student education district shall be	38908
governed by a board of directors. The superintendent of each board	38909
of education that is a party to the agreement shall serve on the	38910
board of directors. The agreement shall provide for the terms of	38911
office of directors. Directors shall receive no compensation, but	38912
shall be reimbursed, from the special fund of the regional student	38913
education district, for the reasonable and necessary expenses they	38914
incur in the performance of their duties for the district. The	38915
agreement shall provide for the conduct of the board's initial	38916
organizational meeting and for the frequency of subsequent	38917
meetings and quorum requirements. At its first meeting, the board	38918
shall designate from among its members a president and secretary	38919
in the manner provided in the agreement.	38920

The board of directors of a regional student education	38921
district is a body corporate and politic, is capable of suing and	38922
being sued, is capable of contracting within the limits of this	38923
section and the agreement governing the district, and is capable	38924
of accepting gifts, donations, bequests, or other grants of money	38925
for use in paying its expenses. The district is a public office	38926
and its directors are public officials within the meaning of	38927
section 117.01 of the Revised Code, the board of directors is a	38928
public body within the meaning of section 121.22 of the Revised	38929
Code, and records of the board and of the district are public	38930
records within the meaning of section 149.43 of the Revised Code.	38931

The agreement shall require the board to designate a	38932
permanent location for its offices and meeting place, and may	38933
provide for the use of such facilities and property for the	38934
provision of services by the agencies with which the board	38935
contracts under division (C) of this section.	38936

(C)(1) To provide the services identified in division (A)(1)	38937
of this section, the board of directors of a regional student	38938
education district shall provide for the hiring of employees or	38939
shall contract with one or more entities. Except as provided in	38940
division (C)(2) of this section, any entity with which the board	38941
of directors contracts to provide the services identified in	38942
division (A)(1)(b) of this section shall be a qualified nonprofit,	38943
nationally accredited agency to which both of the following apply:	38944

(a) The agency is licensed or certified by the departments of	38945
~~mental health,~~mental health and addiction services and job and	38946
family services~~, and alcohol and drug addiction services~~.	38947

(b) The agency provides school-based behavioral health	38948
services.	38949

(2) The board of directors may contract with an entity that	38950
does not meet the conditions stated in division (C)(1) of this	38951
section if the services to be provided by the entity are only	38952
incidental to the services identified in division (A)(1)(b) of	38953
this section.	38954

(3) The board of directors may levy a tax throughout the	38955
district as provided in section 5705.2111 of the Revised Code. The	38956
board of directors shall provide for the creation of a special	38957
fund to hold the proceeds of any tax levied under section	38958
5705.2111 of the Revised Code and any gifts, donations, bequests,	38959
or other grants of money coming into the possession of the	38960
district. A regional student education district is a subdivision,	38961
and the board of directors is a governing body, within the meaning	38962
of section 135.01 of the Revised Code. The board of directors may	38963
not issue securities or otherwise incur indebtedness.	38964

(4) The adoption or rejection by electors of a tax levy to	38965
fund a regional student education district pursuant to section	38966
5705.2111 of the Revised Code does not alter the duty of each	38967
school district member of the regional student education district	38968
to provide special education and related services as required	38969
under Chapter 3323. of the Revised Code. On the expiration of a	38970
regional student education district levy, the state, member school	38971
districts of the regional student education district, and any	38972
other governmental entity shall not be obligated to provide	38973
replacement funding for the revenues under the expired levy. The	38974
tax levy, in whole or in part, shall not be considered a levy for	38975
current operating expenses pursuant to division (A) of section	38976
3317.01 of the Revised Code for any of the school districts that	38977
are members of the regional student education district.	38978

(D)(1) The agreement shall provide for the manner of	38979
appointing an individual or entity to perform the duties of fiscal	38980
officer of the regional student education district. The agreement	38981
shall specify the length of time the individual or entity shall	38982
perform those duties and whether the individual or entity may be	38983
reappointed upon the completion of a term. The fiscal officer may	38984
receive compensation for performing the duties of the position and	38985
be reimbursed for reasonable expenses of performing those duties	38986
from the regional student education district's special fund.	38987

(2) The legal advisor of the board of directors of a regional	38988
student education district shall be the prosecuting attorney of	38989
the most populous county containing a school district that is a	38990
member of the regional student education district. The prosecuting	38991
attorney shall prosecute all actions against a member of the board	38992
of directors for malfeasance or misfeasance in office and shall be	38993
the legal counsel for the board and its members in all other	38994
actions brought by or against them and shall conduct those actions	38995
in the prosecuting attorney's official capacity. No compensation	38996
in addition to the prosecuting attorney's regular salary shall be	38997
allowed.	38998

(E) The board of directors of a regional student education	38999
district shall procure a policy or policies of insurance insuring	39000
the board, the fiscal officer, and the legal representative	39001
against liability on account of damage or injury to persons and	39002
property. Before procuring such insurance the board shall adopt a	39003
resolution setting forth the amount of insurance to be purchased,	39004
the necessity of the insurance, and a statement of its estimated	39005
premium cost. Insurance procured pursuant to this section shall be	39006
from one or more recognized insurance companies authorized to do	39007
business in this state. The cost of the insurance shall be paid	39008
from the district's special fund.	39009

A regional student education district is a political	39010
subdivision within the meaning of section 2744.01 of the Revised	39011
Code.	39012

(F)(1) The board of education of a school district having a	39013
majority of its territory in the county may join an existing	39014
regional student education district by adopting a resolution	39015
requesting to join as a party to the agreement and upon approval	39016
by the boards of education that currently are parties to the	39017
agreement. If a tax is levied in the regional student education	39018
district under section 5705.2111 of the Revised Code, a board of	39019
education may join the district only after a majority of qualified	39020
electors in the school district voting on the question vote in	39021
favor of levying the tax throughout the school district. A board	39022
of education joining an existing district shall have the same	39023
powers, rights, and obligations under the agreement as other	39024
boards of education that are parties to the agreement.	39025

(2) A board of education that is a party to an agreement	39026
under this section may withdraw the school district from a	39027
regional student education district by adopting a resolution. The	39028
withdrawal shall take effect on the date provided in the	39029
resolution. If a tax is levied in the regional student education	39030
district under section 5705.2111 of the Revised Code, the	39031
resolution shall take effect not later than the first day of	39032
January following adoption of the resolution. Beginning with the	39033
first day of January following adoption of the resolution, any tax	39034
levied under section 5705.2111 of the Revised Code shall not be	39035
levied within the territory of the withdrawing school district.	39036
Any collection of tax levied in the territory of the withdrawing	39037
school district under that section that has not been settled and	39038
distributed when the resolution takes effect shall be credited to	39039
the district's special fund.	39040

(G) An agreement entered into under this section shall	39041
provide for the manner of the regional student education	39042
district's dissolution. The district shall cease to exist when not	39043
more than one school district remains in the district, and the	39044
levy of any tax under section 5705.2111 of the Revised Code shall	39045
not be extended on the tax lists in any tax year beginning after	39046
the dissolution of the district. The agreement shall provide that,	39047
upon dissolution of the district, any unexpended balance in the	39048
district's special fund shall be divided among the school	39049
districts that are parties to the agreement immediately before	39050
dissolution in proportion to the taxable valuation of taxable	39051
property in the districts, and credited to their respective	39052
general funds.	39053

Sec. 3313.841. The boards of education and governing boards	39054
of two or more city, local, joint vocational, or exempted village	39055
school districts or educational service centers may contract in	39056
accordance with the terms of this section for the sharing on a	39057
cooperative basis of the services of supervisory teachers, special	39058
instruction teachers, special education teachers, and other	39059
licensed personnel necessary to conduct approved cooperative	39060
classes for special education and related services and gifted	39061
education.	39062

The boards of two or more districts or service centers	39063
desiring to enroll students in such classes shall each adopt	39064
resolutions indicating such desire and designating one of the	39065
participating districts or service centers as the funding agent	39066
for purposes of this section. The district or service center	39067
designated as the funding agent shall enter into an employment	39068
contract with each licensed teacher whose services are to be	39069
shared among the participating districts and service centers. In	39070
turn, the funding agent shall enter into contracts with each of	39071
the districts and service centers which have adopted resolutions	39072
agreeing to participate in the cooperative program upon terms	39073
agreed to by all parties to such contract. Such contracts between	39074
districts and service centers shall set forth the services to be	39075
provided by the licensed teacher employed by the funding agent	39076
whose services are to be shared by the participating districts and	39077
service centers and the basis for computing the amounts to be paid	39078
for such services to the funding agent by the participating	39079
districts and service centers.	39080

For purposes of ~~division (B) of~~ section ~~3317.05~~3317.0213 of	39081
the Revised Code, the funding agent shall count all pupils	39082
enrolled in cooperative programs for pupils with disabilities as	39083
pupils enrolled in such programs in the funding agent district.	39084
Upon receipt of payment for such programs, the funding agent	39085
district shall credit the account of districts participating in	39086
the cooperative program for the amounts due under contracts	39087
entered into under the terms of this section in proportion to the	39088
number of resident students enrolled in the cooperative program	39089
from each participating district and service center.	39090

In determining the terms of the contract entered into by the	39091
funding agent district or service center and the participating	39092
districts and service centers, the superintendent of schools of	39093
each participating board of education and governing board shall	39094
serve as a committee which shall recommend such terms to such	39095
boards.	39096

Sec. 3313.843. (A) Notwithstanding division (D) of section	39097
3311.52 of the Revised Code, this section does not apply to any	39098
cooperative education school district.	39099

(B)(1) The board of education of each city, exempted village,	39100
or local school district with an average daily student enrollment	39101
of sixteen thousand or less, reported for the district on the most	39102
recent report card issued under section 3302.03 of the Revised	39103
Code, shall enter into an agreement with the governing board of an	39104
educational service center, under which the educational service	39105
center governing board will provide services to the district.	39106

(2) The board of education of a city, exempted village, or	39107
local school district with an average daily student enrollment of	39108
more than sixteen thousand may enter into an agreement with the	39109
governing board of an educational service center, under which the	39110
educational service center governing board will provide services	39111
to the district.	39112

(3) Services provided under an agreement entered into under	39113
division (B)(1) or (2) of this section shall be specified in the	39114
agreement, and may include any of the following: supervisory	39115
teachers; in-service and continuing education programs for	39116
district personnel; curriculum services; research and development	39117
programs; academic instruction for which the governing board	39118
employs teachers pursuant to section 3319.02 of the Revised Code;	39119
assistance in the provision of special accommodations and classes	39120
for students with disabilities; or any other services the district	39121
board and service center governing board agree can be better	39122
provided by the service center and are not provided under an	39123
agreement entered into under section 3313.845 of the Revised Code.	39124
Services included in the agreement shall be provided to the	39125
district in the manner specified in the agreement. The district	39126
board of education shall reimburse the educational service center	39127
governing board pursuant to ~~section 3317.11 of the Revised Code~~	39128
terms specified in the agreement entered into under this section.	39129

~~Beginning with the 2012-2013 school year, the board of any~~	39130
~~district described in division (B)(2) of this section may elect~~	39131
~~not to receive the supervisory services for which supervisory~~	39132
~~units are paid under division (B) of section 3317.11 of the~~	39133
~~Revised Code, provided that election is specified in the~~	39134
~~agreement.~~	39135

(C) Any agreement entered into pursuant to this section shall	39136
be filed with the department of education by the first day of July	39137
of the school year for which the agreement is in effect.	39138

(D)(1) An agreement for services from an educational service	39139
center entered into under this section may be terminated by the	39140
school district board of education, at its option, by notifying	39141
the governing board of the service center by March 1, 2012, or by	39142
the first day of January of any odd-numbered year thereafter, that	39143
the district board intends to terminate the agreement in that	39144
year, and that termination shall be effective on the thirtieth day	39145
of June of that year. The failure of a district board to notify an	39146
educational service center of its intent to terminate an agreement	39147
by March 1, 2012, shall result in renewal of the existing	39148
agreement for the following school year. Thereafter, the failure	39149
of a district board to notify an educational service center of its	39150
intent to terminate an agreement by the first day of January of an	39151
odd-numbered year shall result in renewal of the existing	39152
agreement for the following two school years.	39153

(2) If the school district that terminates an agreement for	39154
services under division (D)(1) of this section is also subject to	39155
the requirement of division (B)(1) of this section, the district	39156
board shall enter into a new agreement with any educational	39157
service center so that the new agreement is effective on the first	39158
day of July of that same year.	39159

Sec. 3313.845. The board of education of a city, exempted	39160
village, or local school district and the governing board of an	39161
educational service center may enter into an agreement under which	39162
the educational service center will provide services to the school	39163
district. Services provided under the agreement and the amount to	39164
be paid for such services shall be mutually agreed to by the	39165
district board of education and the service center governing	39166
board, and shall be specified in the agreement. Payment for	39167
services specified in the agreement shall be made pursuant to	39168
~~division (D) of section 3317.11 of the Revised Code and shall not~~	39169
~~include any deduction under division (B), (C), or (F) of that~~	39170
~~section~~the terms of that agreement. Any agreement entered into	39171
pursuant to this section shall be valid only if a copy is filed	39172
with the department of education.	39173

The authority granted under this section to the boards of	39174
education of city, exempted village, and local school districts is	39175
in addition to the authority granted to such boards under section	39176
3313.843 of the Revised Code.	39177

Sec. 3313.88. (A)(1) Prior to the first day of August of	39178
each school year, the board of education of any school district or	39179
the governing authority of any chartered nonpublic school may	39180
submit to the department of education a plan to require students	39181
to access and complete classroom lessons posted on the district's	39182
or nonpublic school's web portal or web site in order to make up	39183
days in that school year on which it is necessary to close schools	39184
for any of the reasons specified in division (B) of section	39185
3317.01 of the Revised Code in excess of the number of days	39186
permitted under sections 3313.48, 3313.481, and 3317.01 of the	39187
Revised Code.	39188

Prior to the first day of August of each school year, the	39189
governing authority of any community school established under	39190
Chapter 3314. that is not an internet- or computer-based community	39191
school, as defined in section 3314.02 of the Revised Code, may	39192
submit to the department a plan to require students to access and	39193
complete classroom lessons posted on the school's web portal or	39194
web site in order to make up days or hours in that school year on	39195
which it is necessary to close the school for any of the reasons	39196
specified in division ~~(L)~~(H)(4) of section 3314.08 of the Revised	39197
Code so that the school is in compliance with the minimum number	39198
of hours required under Chapter 3314. of the Revised Code.	39199

A plan submitted by a school district board or chartered	39200
nonpublic school governing authority shall provide for making up	39201
any number of days, up to a maximum of three days. A plan	39202
submitted by a community school governing authority shall provide	39203
for making up any number of hours, up to a maximum of the	39204
equivalent of three days. Provided the plan meets all requirements	39205
of this section, the department shall permit the board or	39206
governing authority to implement the plan for the applicable	39207
school year.	39208

(2) Each plan submitted under this section by a school	39209
district board of education shall include the written consent of	39210
the teachers' employee representative designated under division	39211
(B) of section 4117.04 of the Revised Code.	39212

(3) Each plan submitted under this section shall provide for	39213
the following:	39214

(a) Not later than the first day of November of the school	39215
year, each classroom teacher shall develop a sufficient number of	39216
lessons for each course taught by the teacher that school year to	39217
cover the number of make-up days or hours specified in the plan.	39218
The teacher shall designate the order in which the lessons are to	39219
be posted on the district's, community school's, or nonpublic	39220
school's web portal or web site in the event of a school closure.	39221
Teachers may be granted up to one professional development day to	39222
create lesson plans for those lessons.	39223

(b) To the extent possible and necessary, a classroom teacher	39224
shall update or replace, based on current instructional progress,	39225
one or more of the lesson plans developed under division (A)(3)(a)	39226
of this section before they are posted on the web portal or web	39227
site under division (A)(3)(c) of this section or distributed under	39228
division (B) of this section.	39229

(c) As soon as practicable after a school closure, a district	39230
or school employee responsible for web portal or web site	39231
operations shall make the designated lessons available to students	39232
on the district's, community school's, or nonpublic school's	39233
portal or site. A lesson shall be posted for each course that was	39234
scheduled to meet on the day or hours of the closure.	39235

(d) Each student enrolled in a course for which a lesson is	39236
posted on the portal or site shall be granted a two-week period	39237
from the date of posting to complete the lesson. The student's	39238
classroom teacher shall grade the lesson in the same manner as	39239
other lessons. The student may receive an incomplete or failing	39240
grade if the lesson is not completed on time.	39241

(e) If a student does not have access to a computer at the	39242
student's residence and the plan does not include blizzard bags	39243
under division (B) of this section, the student shall be permitted	39244
to work on the posted lessons at school after the student's school	39245
reopens. If the lessons were posted prior to the reopening, the	39246
student shall be granted a two-week period from the date of the	39247
reopening, rather than from the date of posting as otherwise	39248
required under division (A)(3)(d) of this section, to complete the	39249
lessons. The district board or community school or nonpublic	39250
school governing authority may provide the student access to a	39251
computer before, during, or after the regularly scheduled school	39252
day or may provide a substantially similar paper lesson in order	39253
to complete the lessons.	39254

(B)(1) In addition to posting classroom lessons online under	39255
division (A) of this section, the board of education of any school	39256
district or governing authority of any community or chartered	39257
nonpublic school may include in the plan distribution of "blizzard	39258
bags," which are paper copies of the lessons posted online.	39259

(2) If a school opts to use blizzard bags, teachers shall	39260
prepare paper copies in conjunction with the lessons to be posted	39261
online and update the paper copies whenever the teacher updates	39262
the online lesson plans.	39263

(3) The board of education of any school district or	39264
governing authority of any community or chartered nonpublic school	39265
that opts to use blizzard bags shall specify in the plan the	39266
method of distribution of blizzard bag lessons, which may include,	39267
but not be limited to, requiring distribution by a specific	39268
deadline or requiring distribution prior to anticipated school	39269
closure as directed by the superintendent of a school district or	39270
the principal, director, chief administrative officer, or the	39271
equivalent, of a school.	39272

(4) Students shall turn in completed lessons in accordance	39273
with division (A)(3)(d) of this section.	39274

(C)(1) No school district that implements a plan in	39275
accordance with this section shall be considered to have failed to	39276
comply with division (B) of section 3317.01 of the Revised Code	39277
with respect to the number of make-up days specified in the plan.	39278

(2) No community school that implements a plan in accordance	39279
with this section shall be considered to have failed to comply	39280
with the minimum number of hours required under Chapter 3314. of	39281
the Revised Code with respect to the number of make-up hours	39282
specified in the plan.	39283

Sec. 3313.98. Notwithstanding division (D) of section	39284
3311.19 and division (D) of section 3311.52 of the Revised Code,	39285
the provisions of this section and sections 3313.981 to 3313.983	39286
of the Revised Code that apply to a city school district do not	39287
apply to a joint vocational or cooperative education school	39288
district unless expressly specified.	39289

(A) As used in this section and sections 3313.981 to 3313.983	39290
of the Revised Code:	39291

(1) "Parent" means either of the natural or adoptive parents	39292
of a student, except under the following conditions:	39293

(a) When the marriage of the natural or adoptive parents of	39294
the student has been terminated by a divorce, dissolution of	39295
marriage, or annulment or the natural or adoptive parents of the	39296
student are living separate and apart under a legal separation	39297
decree and the court has issued an order allocating the parental	39298
rights and responsibilities with respect to the student, "parent"	39299
means the residential parent as designated by the court except	39300
that "parent" means either parent when the court issues a shared	39301
parenting decree.	39302

(b) When a court has granted temporary or permanent custody	39303
of the student to an individual or agency other than either of the	39304
natural or adoptive parents of the student, "parent" means the	39305
legal custodian of the child.	39306

(c) When a court has appointed a guardian for the student,	39307
"parent" means the guardian of the student.	39308

(2) "Native student" means a student entitled under section	39309
3313.64 or 3313.65 of the Revised Code to attend school in a	39310
district adopting a resolution under this section.	39311

(3) "Adjacent district" means a city, exempted village, or	39312
local school district having territory that abuts the territory of	39313
a district adopting a resolution under this section.	39314

(4) "Adjacent district student" means a student entitled	39315
under section 3313.64 or 3313.65 of the Revised Code to attend	39316
school in an adjacent district.	39317

(5) "Adjacent district joint vocational student" means an	39318
adjacent district student who enrolls in a city, exempted village,	39319
or local school district pursuant to this section and who also	39320
enrolls in a joint vocational school district that does not	39321
contain the territory of the district for which that student is a	39322
native student and does contain the territory of the city,	39323
exempted village, or local district in which the student enrolls.	39324

(6) ~~"Formula amount" has the same meaning as in section~~	39325
~~3317.02 of the Revised Code.~~	39326

~~(7) "Adjusted formula amount" means the sum of the formula~~	39327
~~amount plus the per pupil amount of the base funding supplements~~	39328
~~specified in divisions (C)(1) to (4) of section 3317.012 of the~~	39329
~~Revised Code for fiscal year 2009.~~	39330

~~(8)~~ "Poverty line" means the poverty line established by the	39331
director of the United States office of management and budget as	39332
revised by the ~~director~~secretary of ~~the office of community~~	39333
health and human services in accordance with section 673(2) of the	39334
"Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A.	39335
9902, as amended.	39336

~~(9)~~(7) "IEP" has the same meaning as in section 3323.01 of	39337
the Revised Code.	39338

~~(10)~~(8) "Other district" means a city, exempted village, or	39339
local school district having territory outside of the territory of	39340
a district adopting a resolution under this section.	39341

~~(11)~~(9) "Other district student" means a student entitled	39342
under section 3313.64 or 3313.65 of the Revised Code to attend	39343
school in an other district.	39344

~~(12)~~(10) "Other district joint vocational student" means a	39345
student who is enrolled in any city, exempted village, or local	39346
school district and who also enrolls in a joint vocational school	39347
district that does not contain the territory of the district for	39348
which that student is a native student in accordance with a policy	39349
adopted under section 3313.983 of the Revised Code.	39350

(B)(1) The board of education of each city, local, and	39351
exempted village school district shall adopt a resolution	39352
establishing for the school district one of the following	39353
policies:	39354

(a) A policy that entirely prohibits the enrollment of	39355
students from adjacent districts or other districts, other than	39356
students for whom tuition is paid in accordance with section	39357
3317.08 of the Revised Code;	39358

(b) A policy that permits enrollment of students from all	39359
adjacent districts in accordance with policy statements contained	39360
in the resolution;	39361

(c) A policy that permits enrollment of students from all	39362
other districts in accordance with policy statements contained in	39363
the resolution.	39364

(2) A policy permitting enrollment of students from adjacent	39365
or from other districts, as applicable, shall provide for all of	39366
the following:	39367

(a) Application procedures, including deadlines for	39368
application and for notification of students and the	39369
superintendent of the applicable district whenever an adjacent or	39370
other district student's application is approved.	39371

(b) Procedures for admitting adjacent or other district	39372
applicants free of any tuition obligation to the district's	39373
schools, including, but not limited to:	39374

(i) The establishment of district capacity limits by grade	39375
level, school building, and education program;	39376

(ii) A requirement that all native students wishing to be	39377
enrolled in the district will be enrolled and that any adjacent or	39378
other district students previously enrolled in the district shall	39379
receive preference over first-time applicants;	39380

(iii) Procedures to ensure that an appropriate racial balance	39381
is maintained in the district schools.	39382

(C) Except as provided in section 3313.982 of the Revised	39383
Code, the procedures for admitting adjacent or other district	39384
students, as applicable, shall not include:	39385

(1) Any requirement of academic ability, or any level of	39386
athletic, artistic, or other extracurricular skills;	39387

(2) Limitations on admitting applicants because of	39388
disability, except that a board may refuse to admit a student	39389
receiving services under Chapter 3323. of the Revised Code, if the	39390
services described in the student's IEP are not available in the	39391
district's schools;	39392

(3) A requirement that the student be proficient in the	39393
English language;	39394

(4) Rejection of any applicant because the student has been	39395
subject to disciplinary proceedings, except that if an applicant	39396
has been suspended or expelled by the student's district for ten	39397
consecutive days or more in the term for which admission is sought	39398
or in the term immediately preceding the term for which admission	39399
is sought, the procedures may include a provision denying	39400
admission of such applicant.	39401

(D)(1) Each school board permitting only enrollment of	39402
adjacent district students shall provide information about the	39403
policy adopted under this section, including the application	39404
procedures and deadlines, to the superintendent and the board of	39405
education of each adjacent district and, upon request, to the	39406
parent of any adjacent district student.	39407

(2) Each school board permitting enrollment of other district	39408
students shall provide information about the policy adopted under	39409
this section, including the application procedures and deadlines,	39410
upon request, to the board of education of any other school	39411
district or to the parent of any student anywhere in the state.	39412

(E) Any school board shall accept all credits toward	39413
graduation earned in adjacent or other district schools by an	39414
adjacent or other district student or a native student.	39415

(F)(1) No board of education may adopt a policy discouraging	39416
or prohibiting its native students from applying to enroll in the	39417
schools of an adjacent or any other district that has adopted a	39418
policy permitting such enrollment, except that:	39419

(a) A district may object to the enrollment of a native	39420
student in an adjacent or other district in order to maintain an	39421
appropriate racial balance.	39422

(b) The board of education of a district receiving funds	39423
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	39424
may adopt a resolution objecting to the enrollment of its native	39425
students in adjacent or other districts if at least ten per cent	39426
of its students are included in the determination of the United	39427
States secretary of education made under section 20 U.S.C.A.	39428
238(a).	39429

(2) If a board objects to enrollment of native students under	39430
this division, any adjacent or other district shall refuse to	39431
enroll such native students unless tuition is paid for the	39432
students in accordance with section 3317.08 of the Revised Code.	39433
An adjacent or other district enrolling such students may not	39434
receive funding for those students in accordance with section	39435
3313.981 of the Revised Code.	39436

(G) The state board of education shall monitor school	39437
districts to ensure compliance with this section and the	39438
districts' policies. The board may adopt rules requiring uniform	39439
application procedures, deadlines for application, notification	39440
procedures, and record-keeping requirements for all school boards	39441
that adopt policies permitting the enrollment of adjacent or other	39442
district students, as applicable. If the state board adopts such	39443
rules, no school board shall adopt a policy that conflicts with	39444
those rules.	39445

(H) A resolution adopted by a board of education under this	39446
section that entirely prohibits the enrollment of students from	39447
adjacent and from other school districts does not abrogate any	39448
agreement entered into under section 3313.841 or 3313.92 of the	39449
Revised Code or any contract entered into under section 3313.90 of	39450
the Revised Code between the board of education adopting the	39451
resolution and the board of education of any adjacent or other	39452
district or prohibit these boards of education from entering into	39453
any such agreement or contract.	39454

(I) Nothing in this section shall be construed to permit or	39455
require the board of education of a city, exempted village, or	39456
local school district to exclude any native student of the	39457
district from enrolling in the district.	39458

Sec. 3313.981. (A) The state board of education shall adopt	39459
rules requiring all of the following:	39460

(1) The board of education of each city, exempted village,	39461
and local school district to annually report to the department of	39462
education all of the following:	39463

(a) The number of adjacent district or other district	39464
students, as applicable, and adjacent district or other district	39465
joint vocational students, as applicable, enrolled in the district	39466
and the number of native students enrolled in adjacent or other	39467
districts, in accordance with a policy adopted under division (B)	39468
of section 3313.98 of the Revised Code;	39469

(b) Each adjacent district or other district student's or	39470
adjacent district or other district joint vocational student's	39471
date of enrollment in the district;	39472

(c) The full-time equivalent number of adjacent district or	39473
other district students enrolled in ~~vocational~~each of the	39474
categories of career-technical education programs or classes	39475
described in ~~division (A) of~~ section 3317.014 of the Revised Code	39476
~~and the full-time equivalent number of such students enrolled in~~	39477
~~vocational education programs or classes described in division (B)~~	39478
~~of that section~~;	39479

(d) Each native student's date of enrollment in an adjacent	39480
or other district.	39481

(2) The board of education of each joint vocational school	39482
district to annually report to the department all of the	39483
following:	39484

(a) The number of adjacent district or other district joint	39485
vocational students, as applicable, enrolled in the district;	39486

(b) The full-time equivalent number of adjacent district or	39487
other district joint vocational students enrolled in ~~vocational~~	39488
each category of career-technical education programs or classes	39489
described in ~~division (A) of~~ section 3317.014 of the Revised Code	39490
~~and the full-time equivalent number of such students enrolled in~~	39491
~~vocational education programs or classes described in division (B)~~	39492
~~of that section~~;	39493

(c) For each adjacent district or other district joint	39494
vocational student, the city, exempted village, or local school	39495
district in which the student is also enrolled.	39496

(3) Prior to the first full school week in October each year,	39497
the superintendent of each city, local, or exempted village school	39498
district that admits adjacent district or other district students	39499
or adjacent district or other district joint vocational students	39500
in accordance with a policy adopted under division (B) of section	39501
3313.98 of the Revised Code to notify each adjacent or other	39502
district where those students are entitled to attend school under	39503
section 3313.64 or 3313.65 of the Revised Code of the number of	39504
the adjacent or other district's native students who are enrolled	39505
in the superintendent's district under the policy.	39506

The rules shall provide for the method of counting students	39507
who are enrolled for part of a school year in an adjacent or other	39508
district or as an adjacent district or other district joint	39509
vocational student.	39510

(B) From the payments made to a city, exempted village, or	39511
local school district under Chapter 3317. of the Revised Code and,	39512
if necessary, from the payments made to the district under	39513
sections 321.24 and 323.156 of the Revised Code, the department of	39514
education shall annually subtract both of the following:	39515

(1) An amount equal to the number of the district's native	39516
students reported under division (A)(1) of this section who are	39517
enrolled in adjacent or other school districts pursuant to	39518
policies adopted by such districts under division (B) of section	39519
3313.98 of the Revised Code multiplied by ~~the adjusted formula~~	39520
~~amount~~$5,704;	39521

(2) The excess costs computed in accordance with division (E)	39522
of this section for any such native students receiving special	39523
education and related services in adjacent or other school	39524
districts or as an adjacent district or other district joint	39525
vocational student;	39526

(3) For ~~the full-time equivalent number~~each of the	39527
district's native students reported under division (A)(1)(c) or	39528
(2)(b) of this section as enrolled in ~~vocational~~career-technical	39529
education programs or classes described in section 3317.014 of the	39530
Revised Code, anthe per pupil amount ~~equal to $5,732 times the~~	39531
~~applicable multiple~~ prescribed by that section for the student's	39532
respective career-technical category, on a full-time equivalency	39533
basis.	39534

(C) To the payments made to a city, exempted village, or	39535
local school district under Chapter 3317. of the Revised Code, the	39536
department of education shall annually add all of the following:	39537

(1) An amount equal to ~~the adjusted formula amount~~$5,704	39538
multiplied by the remainder obtained by subtracting the number of	39539
adjacent district or other district joint vocational students from	39540
the number of adjacent district or other district students	39541
enrolled in the district, as reported under division (A)(1) of	39542
this section;	39543

(2) The excess costs computed in accordance with division (E)	39544
of this section for any adjacent district or other district	39545
students, except for any adjacent or other district joint	39546
vocational students, receiving special education and related	39547
services in the district;	39548

(3) For ~~the full-time equivalent number~~each of the adjacent	39549
or other district students who are not adjacent district or other	39550
district joint vocational students and are reported under division	39551
(A)(1)(c) of this section as enrolled in ~~vocational~~	39552
career-technical education programs or classes described in	39553
section 3317.014 of the Revised Code, anthe per pupil amount	39554
~~equal to $5,732 times the applicable multiple~~ prescribed by that	39555
section for the student's respective career-technical category, on	39556
a full-time equivalency basis;	39557

(4) An amount equal to the number of adjacent district or	39558
other district joint vocational students reported under division	39559
(A)(1) of this section multiplied by an amount equal to twenty per	39560
cent of the adjusted formula amount.	39561

(D) To the payments made to a joint vocational school	39562
district under Chapter 3317. of the Revised Code, the department	39563
of education shall add, for each adjacent district or other	39564
district joint vocational student reported under division (A)(2)	39565
of this section, both of the following:	39566

(1) ~~The adjusted formula amount~~$5,704;

39567

(2) AnThe per pupil amount ~~equal to the full-time equivalent~~	39568
~~number~~for each of the students reported pursuant to division	39569
(A)(2)(b) of this section ~~times $5,732 times the applicable~~	39570
~~multiple~~ prescribed by section 3317.014 of the Revised Code for	39571
the student's respective career-technical category, on a full-time	39572
equivalency basis.	39573

(E)(1) A city, exempted village, or local school board	39574
providing special education and related services to an adjacent or	39575
other district student in accordance with an IEP shall, pursuant	39576
to rules of the state board, compute the excess costs to educate	39577
such student as follows:	39578

(a) Subtract ~~the adjusted formula amount~~$5,704 from the	39579
actual costs to educate the student;	39580

(b) From the amount computed under division (E)(1)(a) of this	39581
section subtract the amount of any funds received by the district	39582
under Chapter 3317. of the Revised Code to provide special	39583
education and related services to the student.	39584

(2) The board shall report the excess costs computed under	39585
this division to the department of education.	39586

(3) If any student for whom excess costs are computed under	39587
division (E)(1) of this section is an adjacent or other district	39588
joint vocational student, the department of education shall add	39589
the amount of such excess costs to the payments made under Chapter	39590
3317. of the Revised Code to the joint vocational school district	39591
enrolling the student.	39592

(F) As provided in division (D)(1)(b) of section 3317.03 of	39593
the Revised Code, no joint vocational school district shall count	39594
any adjacent or other district joint vocational student enrolled	39595
in the district in its formula ADM certified under section 3317.03	39596
of the Revised Code.	39597

(G) No city, exempted village, or local school district shall	39598
receive a payment under division (C) of this section for a	39599
student, and no joint vocational school district shall receive a	39600
payment under division (D) of this section for a student, if for	39601
the same school year that student is counted in the district's	39602
formula ADM certified under section 3317.03 of the Revised Code.	39603

(H) Upon request of a parent, and provided the board offers	39604
transportation to native students of the same grade level and	39605
distance from school under section 3327.01 of the Revised Code, a	39606
city, exempted village, or local school board enrolling an	39607
adjacent or other district student shall provide transportation	39608
for the student within the boundaries of the board's district,	39609
except that the board shall be required to pick up and drop off a	39610
nonhandicapped student only at a regular school bus stop	39611
designated in accordance with the board's transportation policy.	39612
Pursuant to rules of the state board of education, such board may	39613
reimburse the parent from funds received for pupil transportation	39614
under section 3317.0212 of the Revised Code, or other provisions	39615
of law, for the reasonable cost of transportation from the	39616
student's home to the designated school bus stop if the student's	39617
family has an income below the federal poverty line.	39618

Sec. 3314.015. (A) The department of education shall be	39619
responsible for the oversight of any and all sponsors of the	39620
community schools established under this chapter and shall provide	39621
technical assistance to schools and sponsors in their compliance	39622
with applicable laws and the terms of the contracts entered into	39623
under section 3314.03 of the Revised Code and in the development	39624
and start-up activities of those schools. In carrying out its	39625
duties under this section, the department shall do all of the	39626
following:	39627

(1) In providing technical assistance to proposing parties,	39628
governing authorities, and sponsors, conduct training sessions and	39629
distribute informational materials;	39630

(2) Approve entities to be sponsors of community schools;

39631

(3) Monitor and evaluate, as required under section 3314.016	39632
of the Revised Code, the effectiveness of any and all sponsors in	39633
their oversight of the schools with which they have contracted;	39634

(4) By December thirty-first of each year, issue a report to	39635
the governor, the speaker of the house of representatives, the	39636
president of the senate, and the chairpersons of the house and	39637
senate committees principally responsible for education matters	39638
regarding the effectiveness of academic programs, operations, and	39639
legal compliance and of the financial condition of all community	39640
schools established under this chapter and on the performance of	39641
community school sponsors;	39642

(5) From time to time, make legislative recommendations to	39643
the general assembly designed to enhance the operation and	39644
performance of community schools.	39645

(B)(1) Except as provided in sections 3314.021 and 3314.027	39646
of the Revised Code, no entity listed in division (C)(1) of	39647
section 3314.02 of the Revised Code shall enter into a preliminary	39648
agreement under division (C)(2) of section 3314.02 of the Revised	39649
Code until it has received approval from the department of	39650
education to sponsor community schools under this chapter and has	39651
entered into a written agreement with the department regarding the	39652
manner in which the entity will conduct such sponsorship. The	39653
department shall adopt in accordance with Chapter 119. of the	39654
Revised Code rules containing criteria, procedures, and deadlines	39655
for processing applications for such approval, for oversight of	39656
sponsors, for imposing temporary limits on sponsors under division	39657
(F) of this section, for revocation of the approval of sponsors	39658
under division (C) of this section, and for entering into written	39659
agreements with sponsors. The rules shall require an entity to	39660
submit evidence of the entity's ability and willingness to comply	39661
with the provisions of division (D) of section 3314.03 of the	39662
Revised Code. The rules also shall require entities approved as	39663
sponsors on and after June 30, 2005, to demonstrate a record of	39664
financial responsibility and successful implementation of	39665
educational programs. If an entity seeking approval on or after	39666
June 30, 2005, to sponsor community schools in this state sponsors	39667
or operates schools in another state, at least one of the schools	39668
sponsored or operated by the entity must be comparable to or	39669
better than the performance of Ohio schools in need of continuous	39670
improvement under section 3302.03 of the Revised Code, as	39671
determined by the department.	39672

Subject to section 3314.016 of the Revised Code, an entity	39673
that sponsors community schools may enter into preliminary	39674
agreements and sponsor up to one hundred schools, provided each	39675
school and the contract for sponsorship meets the requirements of	39676
this chapter.	39677

(2) The state board of education shall determine, pursuant to	39678
criteria specified in rules adopted in accordance with Chapter	39679
119. of the Revised Code, whether the mission proposed to be	39680
specified in the contract of a community school to be sponsored by	39681
a state university board of trustees or the board's designee under	39682
division (C)(1)(e) of section 3314.02 of the Revised Code complies	39683
with the requirements of that division. Such determination of the	39684
state board is final.	39685

(3) The state board of education shall determine, pursuant to	39686
criteria specified in rules adopted in accordance with Chapter	39687
119. of the Revised Code, if any tax-exempt entity under section	39688
501(c)(3) of the Internal Revenue Code that is proposed to be a	39689
sponsor of a community school is an education-oriented entity for	39690
purpose of satisfying the condition prescribed in division	39691
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such	39692
determination of the state board is final.	39693

(C) If at any time the state board of education finds that a	39694
sponsor is not in compliance or is no longer willing to comply	39695
with its contract with any community school or with the	39696
department's rules for sponsorship, the state board or designee	39697
shall conduct a hearing in accordance with Chapter 119. of the	39698
Revised Code on that matter. If after the hearing, the state board	39699
or designee has confirmed the original finding, the department of	39700
education may revoke the sponsor's approval to sponsor community	39701
schools. In that case, the department's office of Ohio school	39702
sponsorship, established under section 3314.029 of the Revised	39703
Code, may assume the sponsorship of any schools with which the	39704
sponsor has contracted until the earlier of the expiration of two	39705
school years or until a new sponsor as described in division	39706
(C)(1) of section 3314.02 of the Revised Code is secured by the	39707
school's governing authority. The office of Ohio school	39708
sponsorship may extend the term of the contract in the case of a	39709
school for which it has assumed sponsorship under this division as	39710
necessary to accommodate the term of the department's	39711
authorization to sponsor the school specified in this division.	39712
Community schools sponsored under this division shall not apply to	39713
the limit on directly authorized community schools under division	39714
(A)(3) of section 3314.029 of the Revised Code. However, nothing	39715
in this division shall preclude a community school affected by	39716
this division from applying for sponsorship under that section.	39717

(D) The decision of the department to disapprove an entity	39718
for sponsorship of a community school or to revoke approval for	39719
such sponsorship under division (C) of this section, may be	39720
appealed by the entity in accordance with section 119.12 of the	39721
Revised Code.	39722

(E) The department shall adopt procedures for use by a	39723
community school governing authority and sponsor when the school	39724
permanently closes and ceases operation, which shall include at	39725
least procedures for data reporting to the department, handling of	39726
student records, distribution of assets in accordance with section	39727
3314.074 of the Revised Code, and other matters related to ceasing	39728
operation of the school.	39729

(F) In lieu of revoking a sponsor's authority to sponsor	39730
community schools under division (C) of this section, if the	39731
department finds that a sponsor is not in compliance with	39732
applicable laws and administrative rules, the department may	39733
require the sponsor to remedy the conditions causing the sponsor	39734
not to be compliant and may place temporary limits on the breadth	39735
and scope of the sponsor's authority until the sponsor implements	39736
remedies to the satisfaction of the department.	39737

(G) In carrying out its duties under this chapter, the	39738
department shall not impose requirements on community schools or	39739
their sponsors that are not permitted by law or duly adopted	39740
rules.	39741

Sec. 3314.029. This section establishes the Ohio school	39742
sponsorship program. The department of education shall establish	39743
an office of Ohio school sponsorship to perform the department's	39744
duties prescribed by this section.	39745

(A)(1) Notwithstanding anything to the contrary in this	39746
chapter, but subject to section 3314.20 of the Revised Code, any	39747
person, group of individuals, or entity may apply to the	39748
department for direct authorization to establish a community	39749
school and, upon approval of the application, may establish the	39750
school. Notwithstanding anything to the contrary in this chapter,	39751
the governing authority of an existing community school, upon the	39752
expiration or termination of its contract with the school's	39753
sponsor entered into under section 3314.03 of the Revised Code,	39754
may apply to the department for direct authorization to continue	39755
operating the school and, upon approval of the application, may	39756
continue to operate the school.	39757

Each application submitted to the department shall include	39758
the following:	39759

(a) Evidence that the applicant will be able to comply with	39760
division (C) of this section;	39761

(b) A statement indicating that the applicant agrees to	39762
comply with all applicable provisions of this chapter, including	39763
the requirement to be established as a nonprofit corporation or	39764
public benefit corporation in accordance with division (A)(1) of	39765
section 3314.03 of the Revised Code;	39766

(c) A statement attesting that no unresolved finding of	39767
recovery has been issued by the auditor of state against any	39768
person, group of individuals, or entity that is a party to the	39769
application and that no person who is party to the application has	39770
been a member of the governing authority of any community school	39771
that has permanently closed and against which an unresolved	39772
finding of recovery has been issued by the auditor of state. In	39773
the case of an application submitted by the governing authority of	39774
an existing community school, a person who is party to the	39775
application shall include each individual member of that governing	39776
authority.	39777

(d) A statement that the school will be nonsectarian in its	39778
programs, admission policies, employment practices, and all other	39779
operations, and will not be operated by a sectarian school or	39780
religious institution;	39781

(e) A statement of whether the school is to be created by	39782
converting all or part of an existing public school or educational	39783
service center building or is to be a new start-up school. If it	39784
is a converted public school or service center building, the	39785
statement shall include a specification of any duties or	39786
responsibilities of an employer that the board of education or	39787
service center governing board that operated the school or	39788
building before conversion is delegating to the governing	39789
authority of the community school with respect to all or any	39790
specified group of employees, provided the delegation is not	39791
prohibited by a collective bargaining agreement applicable to such	39792
employees.	39793

(f) A statement that the school's teachers will be licensed	39794
in the manner prescribed by division (A)(10) of section 3314.03 of	39795
the Revised Code;	39796

(g) A statement that the school will comply with all of the	39797
provisions of law enumerated in divisions (A)(11)(d) and (e) of	39798
section 3314.03 of the Revised Code and of division (A)(11)(h) of	39799
that section, if applicable;	39800

(h) A statement that the school's graduation and curriculum	39801
requirements will comply with division (A)(11)(f) of section	39802
3314.03 of the Revised Code;	39803

(i) A description of each of the following:

39804

(i) The school's mission and educational program, the	39805
characteristics of the students the school is expected to attract,	39806
the ages and grade levels of students, and the focus of the	39807
curriculum;	39808

(ii) The school's governing authority, which shall be in	39809
compliance with division (E) of section 3314.02 of the Revised	39810
Code;	39811

(iii) The school's admission and dismissal policies, which	39812
shall be in compliance with divisions (A)(5) and (6) of section	39813
3314.03 of the Revised Code;	39814

(iv) The school's business plan, including a five-year	39815
financial forecast;	39816

(v) In the case of an application to establish a community	39817
school, the applicant's resources and capacity to establish and	39818
operate the school;	39819

(vi) The school's academic goals to be achieved and the	39820
method of measurement that will be used to determine progress	39821
toward those goals, which shall include the statewide achievement	39822
assessments;	39823

(vii) The facilities to be used by the school and their	39824
locations;	39825

(viii) A description of the learning opportunities that will	39826
be offered to students including both classroom-based and	39827
nonclassroom-based learning opportunities that are in compliance	39828
with criteria for student participation established by the	39829
department under division ~~(L)~~(H)(2) of section 3314.08 of the	39830
Revised Code.	39831

(2) Subject to division (A)(3) of this section, the	39832
department shall approve each application, unless, within thirty	39833
days after receipt of the application, the department determines	39834
that the application does not satisfy the requirements of division	39835
(A)(1) of this section and provides the applicant a written	39836
explanation of the reasons for the determination. In that case,	39837
the department shall grant the applicant thirty days to correct	39838
the insufficiencies in the application. If the department	39839
determines that the insufficiencies have been corrected, it shall	39840
approve the application. If the department determines that the	39841
insufficiencies have not been corrected, it shall deny the	39842
application and provide the applicant with a written explanation	39843
of the reasons for the denial. The denial of an application may be	39844
appealed in accordance with section 119.12 of the Revised Code.	39845

(3) For each of five school years, beginning with the school	39846
year that begins in the calendar year in which this section takes	39847
effect, the department may approve up to twenty applications for	39848
community schools to be established or to continue operation under	39849
division (A) of this section; however, of the twenty applications	39850
that may be approved each school year, only up to five may be for	39851
the establishment of new schools.	39852

(4) Notwithstanding division (A)(2) of this section, the	39853
department may deny an application submitted by the governing	39854
authority of an existing community school, if a previous sponsor	39855
of that school did not renew its contract with the school entered	39856
into under section 3314.03 of the Revised Code.	39857

(B) The department and the governing authority of each	39858
community school authorized under this section shall enter into a	39859
contract under section 3314.03 of the Revised Code.	39860
Notwithstanding division (A)(13) of that section, the contract	39861
with an existing community school may begin at any time during the	39862
academic year. The length of the initial contract of any community	39863
school under this section may be for any term up to five years.	39864
The contract may be renewed in accordance with division (E) of	39865
that section. The contract may provide for the school's governing	39866
authority to pay a fee for oversight and monitoring of the school	39867
that does not exceed three per cent of the total amount of	39868
payments for operating expenses that the school receives from the	39869
state.	39870

(C) The department may require a community school authorized	39871
under this section to post and file with the superintendent of	39872
public instruction a bond payable to the state or to file with the	39873
state superintendent a guarantee, which shall be used to pay the	39874
state any moneys owed by the community school in the event the	39875
school closes.	39876

(D) Except as otherwise provided in this section, a community	39877
school authorized under this section shall comply with all	39878
applicable provisions of this chapter. The department may take any	39879
action that a sponsor may take under this chapter to enforce the	39880
school's compliance with this division and the terms of the	39881
contract entered into under division (B) of this section.	39882

(E) Not later than December 31, 2012, and annually	39883
thereafter, the department shall issue a report on the program,	39884
including information about the number of community schools	39885
participating in the program and their compliance with the	39886
provisions of this chapter. In its fifth report, the department	39887
shall include a complete evaluation of the program and	39888
recommendations regarding the program's continuation. Each report	39889
shall be provided to the general assembly, in accordance with	39890
section 101.68 of the Revised Code, and to the governor.	39891

Sec. 3314.03. A copy of every contract entered into under	39892
this section shall be filed with the superintendent of public	39893
instruction. The department of education shall make available on	39894
its web site a copy of every approved, executed contract filed	39895
with the superintendent under this section.	39896

(A) Each contract entered into between a sponsor and the	39897
governing authority of a community school shall specify the	39898
following:	39899

(1) That the school shall be established as either of the	39900
following:	39901

(a) A nonprofit corporation established under Chapter 1702.	39902
of the Revised Code, if established prior to April 8, 2003;	39903

(b) A public benefit corporation established under Chapter	39904
1702. of the Revised Code, if established after April 8, 2003.	39905

(2) The education program of the school, including the	39906
school's mission, the characteristics of the students the school	39907
is expected to attract, the ages and grades of students, and the	39908
focus of the curriculum;	39909

(3) The academic goals to be achieved and the method of	39910
measurement that will be used to determine progress toward those	39911
goals, which shall include the statewide achievement assessments;	39912

(4) Performance standards by which the success of the school	39913
will be evaluated by the sponsor;	39914

(5) The admission standards of section 3314.06 of the Revised	39915
Code and, if applicable, section 3314.061 of the Revised Code;	39916

(6)(a) Dismissal procedures;

39917

(b) A requirement that the governing authority adopt an	39918
attendance policy that includes a procedure for automatically	39919
withdrawing a student from the school if the student without a	39920
legitimate excuse fails to participate in one hundred five	39921
consecutive hours of the learning opportunities offered to the	39922
student.	39923

(7) The ways by which the school will achieve racial and	39924
ethnic balance reflective of the community it serves;	39925

(8) Requirements for financial audits by the auditor of	39926
state. The contract shall require financial records of the school	39927
to be maintained in the same manner as are financial records of	39928
school districts, pursuant to rules of the auditor of state.	39929
Audits shall be conducted in accordance with section 117.10 of the	39930
Revised Code.	39931

(9) The facilities to be used and their locations;

39932

(10) Qualifications of teachers, including the following:

39933

(a) A requirement that the school's classroom teachers be	39934
licensed in accordance with sections 3319.22 to 3319.31 of the	39935
Revised Code, except that a community school may engage	39936
noncertificated persons to teach up to twelve hours per week	39937
pursuant to section 3319.301 of the Revised Code;	39938

(b) A requirement that each classroom teacher initially hired	39939
by the school on or after July 1, 2013, and employed to provide	39940
instruction in physical education hold a valid license issued	39941
pursuant to section 3319.22 of the Revised Code for teaching	39942
physical education.	39943

(11) That the school will comply with the following	39944
requirements:	39945

(a) The school will provide learning opportunities to a	39946
minimum of twenty-five students for a minimum of nine hundred	39947
twenty hours per school year.	39948

(b) The governing authority will purchase liability	39949
insurance, or otherwise provide for the potential liability of the	39950
school.	39951

(c) The school will be nonsectarian in its programs,	39952
admission policies, employment practices, and all other	39953
operations, and will not be operated by a sectarian school or	39954
religious institution.	39955

(d) The school will comply with sections 9.90, 9.91, 109.65,	39956
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	39957
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	39958
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	39959
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	39960
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	39961
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.814,	39962
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39,	39963
3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17,	39964
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	39965
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	39966
4123., 4141., and 4167. of the Revised Code as if it were a school	39967
district and will comply with section 3301.0714 of the Revised	39968
Code in the manner specified in section 3314.17 of the Revised	39969
Code.	39970

(e) The school shall comply with Chapter 102. and section	39971
2921.42 of the Revised Code.	39972

(f) The school will comply with sections 3313.61, 3313.611,	39973
and 3313.614 of the Revised Code, except that for students who	39974
enter ninth grade for the first time before July 1, 2010, the	39975
requirement in sections 3313.61 and 3313.611 of the Revised Code	39976
that a person must successfully complete the curriculum in any	39977
high school prior to receiving a high school diploma may be met by	39978
completing the curriculum adopted by the governing authority of	39979
the community school rather than the curriculum specified in Title	39980
XXXIII of the Revised Code or any rules of the state board of	39981
education. Beginning with students who enter ninth grade for the	39982
first time on or after July 1, 2010, the requirement in sections	39983
3313.61 and 3313.611 of the Revised Code that a person must	39984
successfully complete the curriculum of a high school prior to	39985
receiving a high school diploma shall be met by completing the	39986
Ohio core curriculum prescribed in division (C) of section	39987
3313.603 of the Revised Code, unless the person qualifies under	39988
division (D) or (F) of that section. Each school shall comply with	39989
the plan for awarding high school credit based on demonstration of	39990
subject area competency, adopted by the state board of education	39991
under division (J) of section 3313.603 of the Revised Code.	39992

(g) The school governing authority will submit within four	39993
months after the end of each school year a report of its	39994
activities and progress in meeting the goals and standards of	39995
divisions (A)(3) and (4) of this section and its financial status	39996
to the sponsor and the parents of all students enrolled in the	39997
school.	39998

(h) The school, unless it is an internet- or computer-based	39999
community school, will comply with section 3313.801 of the Revised	40000
Code as if it were a school district.	40001

(i) If the school is the recipient of moneys from a grant	40002
awarded under the federal race to the top program, Division (A),	40003
Title XIV, Sections 14005 and 14006 of the "American Recovery and	40004
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	40005
school will pay teachers based upon performance in accordance with	40006
section 3317.141 and will comply with section 3319.111 of the	40007
Revised Code as if it were a school district.	40008

(12) Arrangements for providing health and other benefits to	40009
employees;	40010

(13) The length of the contract, which shall begin at the	40011
beginning of an academic year. No contract shall exceed five years	40012
unless such contract has been renewed pursuant to division (E) of	40013
this section.	40014

(14) The governing authority of the school, which shall be	40015
responsible for carrying out the provisions of the contract;	40016

(15) A financial plan detailing an estimated school budget	40017
for each year of the period of the contract and specifying the	40018
total estimated per pupil expenditure amount for each such year.	40019
~~The plan shall specify for each year the base formula amount that~~	40020
~~will be used for purposes of funding calculations under section~~	40021
~~3314.08 of the Revised Code. This base formula amount for any year~~	40022
~~shall not exceed the formula amount defined under section 3317.02~~	40023
~~of the Revised Code. The plan may also specify for any year a~~	40024
~~percentage figure to be used for reducing the per pupil amount of~~	40025
~~the subsidy calculated pursuant to section 3317.029 of the Revised~~	40026
~~Code the school is to receive that year under section 3314.08 of~~	40027
~~the Revised Code.~~	40028

(16) Requirements and procedures regarding the disposition of	40029
employees of the school in the event the contract is terminated or	40030
not renewed pursuant to section 3314.07 of the Revised Code;	40031

(17) Whether the school is to be created by converting all or	40032
part of an existing public school or educational service center	40033
building or is to be a new start-up school, and if it is a	40034
converted public school or service center building, specification	40035
of any duties or responsibilities of an employer that the board of	40036
education or service center governing board that operated the	40037
school or building before conversion is delegating to the	40038
governing authority of the community school with respect to all or	40039
any specified group of employees provided the delegation is not	40040
prohibited by a collective bargaining agreement applicable to such	40041
employees;	40042

(18) Provisions establishing procedures for resolving	40043
disputes or differences of opinion between the sponsor and the	40044
governing authority of the community school;	40045

(19) A provision requiring the governing authority to adopt a	40046
policy regarding the admission of students who reside outside the	40047
district in which the school is located. That policy shall comply	40048
with the admissions procedures specified in sections 3314.06 and	40049
3314.061 of the Revised Code and, at the sole discretion of the	40050
authority, shall do one of the following:	40051

(a) Prohibit the enrollment of students who reside outside	40052
the district in which the school is located;	40053

(b) Permit the enrollment of students who reside in districts	40054
adjacent to the district in which the school is located;	40055

(c) Permit the enrollment of students who reside in any other	40056
district in the state.	40057

(20) A provision recognizing the authority of the department	40058
of education to take over the sponsorship of the school in	40059
accordance with the provisions of division (C) of section 3314.015	40060
of the Revised Code;	40061

(21) A provision recognizing the sponsor's authority to	40062
assume the operation of a school under the conditions specified in	40063
division (B) of section 3314.073 of the Revised Code;	40064

(22) A provision recognizing both of the following:

40065

(a) The authority of public health and safety officials to	40066
inspect the facilities of the school and to order the facilities	40067
closed if those officials find that the facilities are not in	40068
compliance with health and safety laws and regulations;	40069

(b) The authority of the department of education as the	40070
community school oversight body to suspend the operation of the	40071
school under section 3314.072 of the Revised Code if the	40072
department has evidence of conditions or violations of law at the	40073
school that pose an imminent danger to the health and safety of	40074
the school's students and employees and the sponsor refuses to	40075
take such action.	40076

(23) A description of the learning opportunities that will be	40077
offered to students including both classroom-based and	40078
non-classroom-based learning opportunities that is in compliance	40079
with criteria for student participation established by the	40080
department under division ~~(L)~~(H)(2) of section 3314.08 of the	40081
Revised Code;	40082

(24) The school will comply with sections 3302.04 and	40083
3302.041 of the Revised Code, except that any action required to	40084
be taken by a school district pursuant to those sections shall be	40085
taken by the sponsor of the school. However, the sponsor shall not	40086
be required to take any action described in division (F) of	40087
section 3302.04 of the Revised Code.	40088

(25) Beginning in the 2006-2007 school year, the school will	40089
open for operation not later than the thirtieth day of September	40090
each school year, unless the mission of the school as specified	40091
under division (A)(2) of this section is solely to serve dropouts.	40092
In its initial year of operation, if the school fails to open by	40093
the thirtieth day of September, or within one year after the	40094
adoption of the contract pursuant to division (D) of section	40095
3314.02 of the Revised Code if the mission of the school is solely	40096
to serve dropouts, the contract shall be void.	40097

(B) The community school shall also submit to the sponsor a	40098
comprehensive plan for the school. The plan shall specify the	40099
following:	40100

(1) The process by which the governing authority of the	40101
school will be selected in the future;	40102

(2) The management and administration of the school;

40103

(3) If the community school is a currently existing public	40104
school or educational service center building, alternative	40105
arrangements for current public school students who choose not to	40106
attend the converted school and for teachers who choose not to	40107
teach in the school or building after conversion;	40108

(4) The instructional program and educational philosophy of	40109
the school;	40110

(5) Internal financial controls.

40111

(C) A contract entered into under section 3314.02 of the	40112
Revised Code between a sponsor and the governing authority of a	40113
community school may provide for the community school governing	40114
authority to make payments to the sponsor, which is hereby	40115
authorized to receive such payments as set forth in the contract	40116
between the governing authority and the sponsor. The total amount	40117
of such payments for oversight and monitoring of the school shall	40118
not exceed three per cent of the total amount of payments for	40119
operating expenses that the school receives from the state.	40120

(D) The contract shall specify the duties of the sponsor	40121
which shall be in accordance with the written agreement entered	40122
into with the department of education under division (B) of	40123
section 3314.015 of the Revised Code and shall include the	40124
following:	40125

(1) Monitor the community school's compliance with all laws	40126
applicable to the school and with the terms of the contract;	40127

(2) Monitor and evaluate the academic and fiscal performance	40128
and the organization and operation of the community school on at	40129
least an annual basis;	40130

(3) Report on an annual basis the results of the evaluation	40131
conducted under division (D)(2) of this section to the department	40132
of education and to the parents of students enrolled in the	40133
community school;	40134

(4) Provide technical assistance to the community school in	40135
complying with laws applicable to the school and terms of the	40136
contract;	40137

(5) Take steps to intervene in the school's operation to	40138
correct problems in the school's overall performance, declare the	40139
school to be on probationary status pursuant to section 3314.073	40140
of the Revised Code, suspend the operation of the school pursuant	40141
to section 3314.072 of the Revised Code, or terminate the contract	40142
of the school pursuant to section 3314.07 of the Revised Code as	40143
determined necessary by the sponsor;	40144

(6) Have in place a plan of action to be undertaken in the	40145
event the community school experiences financial difficulties or	40146
closes prior to the end of a school year.	40147

(E) Upon the expiration of a contract entered into under this	40148
section, the sponsor of a community school may, with the approval	40149
of the governing authority of the school, renew that contract for	40150
a period of time determined by the sponsor, but not ending earlier	40151
than the end of any school year, if the sponsor finds that the	40152
school's compliance with applicable laws and terms of the contract	40153
and the school's progress in meeting the academic goals prescribed	40154
in the contract have been satisfactory. Any contract that is	40155
renewed under this division remains subject to the provisions of	40156
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	40157

(F) If a community school fails to open for operation within	40158
one year after the contract entered into under this section is	40159
adopted pursuant to division (D) of section 3314.02 of the Revised	40160
Code or permanently closes prior to the expiration of the	40161
contract, the contract shall be void and the school shall not	40162
enter into a contract with any other sponsor. A school shall not	40163
be considered permanently closed because the operations of the	40164
school have been suspended pursuant to section 3314.072 of the	40165
Revised Code.	40166

Sec. 3314.042. The governing authority of each community	40167
school shall comply with the standards for financial reporting	40168
adopted under division (B)(2) of section 3301.07 of the Revised	40169
Code.	40170

Sec. 3314.074. Divisions (A) and (B) of this section apply	40171
only to the extent permitted under Chapter 1702. of the Revised	40172
Code.	40173

(A) If any community school established under this chapter	40174
permanently closes and ceases its operation as a community school,	40175
the assets of that school shall be distributed first to the	40176
retirement funds of employees of the school, employees of the	40177
school, and private creditors who are owed compensation, and then	40178
any remaining funds shall be paid to the department of education	40179
for redistribution to the school districts in which the students	40180
who were enrolled in the school at the time it ceased operation	40181
were entitled to attend school under section 3313.64 or 3313.65 of	40182
the Revised Code. The amount distributed to each school district	40183
shall be proportional to the district's share of the total	40184
enrollment in the community school.	40185

(B) If a community school closes and ceases to operate as a	40186
community school and the school has received computer hardware or	40187
software from the former Ohio SchoolNet commission or the former	40188
eTech Ohio commission, such hardware or software shall be ~~returned~~	40189
turned over to the ~~eTech Ohio commission~~department of education,	40190
~~and the eTech Ohio commission~~which shall redistribute the	40191
hardware and software, to the extent such redistribution is	40192
possible, to school districts in conformance with the provisions	40193
of the programs operated and administered by the eTech Ohio	40194
commission.	40195

(C) If the assets of the school are insufficient to pay all	40196
persons or entities to whom compensation is owed, the	40197
prioritization of the distribution of the assets to individual	40198
persons or entities within each class of payees may be determined	40199
by decree of a court in accordance with this section and Chapter	40200
1702. of the Revised Code.	40201

Sec. 3314.08. ~~The deductions under division (C) and the~~	40202
~~payments under division (D) of this section for fiscal years 2012~~	40203
~~and 2013 shall be made in accordance with section 3314.088 of the~~	40204
~~Revised Code.~~	40205

(A) As used in this section:

40206

(1) ~~"Base formula amount" means the amount specified as such~~	40207
~~in a community school's financial plan for a school year pursuant~~	40208
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	40209

~~(2) "IEP" has the same meaning as in section 3323.01 of the~~	40210
~~Revised Code.~~	40211

~~(3) "Applicable special education weight" means the multiple~~	40212
~~specified in section 3317.013 of the Revised Code for a disability~~	40213
~~described in that section.~~	40214

~~(4) "Applicable vocational education weight" means:~~

40215

~~(a) For a student enrolled in vocational education programs~~	40216
~~or classes described in division (A) of section 3317.014 of the~~	40217
~~Revised Code, the multiple specified in that division;~~	40218

~~(b) For a student enrolled in vocational education programs~~	40219
~~or classes described in division (B) of section 3317.014 of the~~	40220
~~Revised Code, the multiple specified in that division.~~	40221

~~(5) "Entitled to attend school" means entitled to attend~~	40222
~~school in a district under section 3313.64 or 3313.65 of the~~	40223
~~Revised Code.~~	40224

~~(6) A community school student is "included in the poverty~~	40225
~~student count" of a school district if the student is entitled to~~	40226
~~attend school in the district and the student's family receives~~	40227
~~assistance under the Ohio works first program.~~	40228

~~(7) "Poverty-based assistance reduction factor" means the~~	40229
~~percentage figure, if any, for reducing the per pupil amount of~~	40230
~~poverty-based assistance a community school is entitled to receive~~	40231
~~pursuant to divisions (D)(5) to (9) of this section in any year,~~	40232
~~as specified in the school's financial plan for the year pursuant~~	40233
~~to division (A)(15) of section 3314.03 of the Revised Code.~~	40234

~~(8) "All-day kindergarten" has the same meaning as in section~~	40235
~~3321.05 of the Revised Code.~~	40236

~~(9)~~(a) "Category one limited English proficient student"	40237
means a limited English proficient student described in division	40238
(A) of section 3317.016 of the Revised Code.	40239

(b) "Category two limited English proficient student" means a	40240
limited English proficient student described in division (B) of	40241
section 3317.016 of the Revised Code.	40242

(c) "Category three limited English proficient student" means	40243
a limited English proficient student described in division (C) of	40244
section 3317.016 of the Revised Code.	40245

(d) "Category four limited English proficient student" means	40246
a limited English proficient student described in division (D) of	40247
section 3317.016 of the Revised Code.	40248

(2)(a) "Category one special education student" means a	40249
student who is receiving special education services for a	40250
disability specified in division (A) of section 3317.013 of the	40251
Revised Code.	40252

(b) "Category two special education student" means a student	40253
who is receiving special education services for a disability	40254
specified in division (B) of section 3317.013 of the Revised Code.	40255

(c) "Category three special education student" means a	40256
student who is receiving special education services for a	40257
disability specified in division (C) of section 3317.013 of the	40258
Revised Code.	40259

(d) "Category four special education student" means a student	40260
who is receiving special education services for a disability	40261
specified in division (D) of section 3317.013 of the Revised Code.	40262

(e) "Category five special education student" means a student	40263
who is receiving special education services for a disability	40264
specified in division (E) of section 3317.013 of the Revised Code.	40265

(f) "Category six special education student" means a student	40266
who is receiving special education services for a disability	40267
specified in division (F) of section 3317.013 of the Revised Code.	40268

(3) "IEP" has the same meaning as in section 3323.01 of the	40269
Revised Code.	40270

(4) "Resident district" means the school district in which a	40271
student is entitled to attend school under section 3313.64 or	40272
3313.65 of the Revised Code.	40273

(5) "State education aid" has the same meaning as in section	40274
5751.20 of the Revised Code.	40275

(B) The state board of education shall adopt rules requiring	40276
both of the following:	40277

(1) The board of education of each city, exempted village,	40278
and local school district to annually report the number of	40279
students entitled to attend school in the district who are	40280
enrolled in ~~grades one~~each grade kindergarten through twelve in a	40281
community school established under this chapter, ~~the number of~~	40282
~~students entitled to attend school in the district who are~~	40283
~~enrolled in kindergarten in a community school, the number of~~	40284
~~those kindergartners who are enrolled in all-day kindergarten in~~	40285
~~their community school,~~ and for each child, the community school	40286
in which the child is enrolled.	40287

(2) The governing authority of each community school	40288
established under this chapter to annually report all of the	40289
following:	40290

(a) The number of students enrolled in grades one through	40291
twelve and the full-time equivalent number of students enrolled in	40292
kindergarten in the school who are not receiving special education	40293
and related services pursuant to an IEP;	40294

(b) The number of enrolled students in grades one through	40295
twelve and the full-time equivalent number of enrolled students in	40296
kindergarten, who are receiving special education and related	40297
services pursuant to an IEP;	40298

(c) The number of students reported under division (B)(2)(b)	40299
of this section receiving special education and related services	40300
pursuant to an IEP for a disability described in each of divisions	40301
(A) to (F) of section 3317.013 of the Revised Code;	40302

(d) The full-time equivalent number of students reported	40303
under divisions (B)(2)(a) and (b) of this section who are enrolled	40304
in ~~vocational~~career-technical education programs or classes	40305
described in each of divisions (A) ~~and (B)~~to (E) of section	40306
3317.014 of the Revised Code that are provided by the community	40307
school;	40308

(e) Twenty per cent of the number of students reported under	40309
divisions (B)(2)(a) and (b) of this section who are not reported	40310
under division (B)(2)(d) of this section but who are enrolled in	40311
~~vocational~~career-technical education programs or classes	40312
described in each of divisions (A) ~~and (B)~~to (E) of section	40313
3317.014 of the Revised Code at a joint vocational school district	40314
~~under a contract between the community school and the joint~~	40315
~~vocational school district and are entitled to attend school in a~~	40316
~~city, local, or exempted village school district whose territory~~	40317
~~is part of the territory of the joint vocational school district~~	40318
or another district in the career-technical planning district to	40319
which the school is assigned;	40320

(f) ~~The number of enrolled preschool children with~~	40321
~~disabilities receiving special education services in a~~	40322
~~state-funded unit;~~	40323

~~(g) The community school's base formula amount;~~

40324

~~(h)~~The number of students reported under divisions (B)(2)(a)	40325
and (b) of this section who are category one to four limited	40326
English proficiency students described in each of divisions (A) to	40327
(D) of section 3317.016 of the Revised Code;	40328

(g) The number of students reported under divisions (B)(2)(a)	40329
and (b) who are economically disadvantaged, as defined by the	40330
department;	40331

(h) For each student, the city, exempted village, or local	40332
school district in which the student is entitled to attend school;	40333

~~(i) Any poverty-based assistance reduction factor that~~	40334
~~applies to a school year~~under section 3313.64 or 3313.65 of the	40335
Revised Code.	40336

A school district board and a community school governing	40337
authority shall include in their respective reports under division	40338
(B) of this section any child admitted in accordance with division	40339
(A)(2) of section 3321.01 of the Revised Code.	40340

(C) ~~From the state education aid calculated for a city,~~	40341
~~exempted village, or local school district and, if necessary, from~~	40342
~~the payment made to the district under sections 321.24 and 323.156~~	40343
~~of the Revised Code, the department of education shall annually~~	40344
~~subtract the sum of the amounts described in divisions (C)(1) to~~	40345
~~(9) of this section. However, when deducting payments on behalf of~~	40346
~~students enrolled in internet- or computer-based community~~	40347
~~schools, the department shall deduct only those amounts described~~	40348
~~in divisions (C)(1) and (2) of this section. Furthermore, the~~	40349
~~aggregate amount deducted under this division shall not exceed the~~	40350
~~sum of the district's state education aid and its payment under~~	40351
~~sections 321.24 and 323.156 of the Revised Code.~~	40352

~~(1) An amount equal to the sum of the amounts obtained when,~~	40353
~~for each community school where the district's students are~~	40354
~~enrolled, the number of the district's students reported under~~	40355
~~divisions (B)(2)(a), (b), and (e) of this section who are enrolled~~	40356
~~in grades one through twelve, and one-half the number of students~~	40357
~~reported under those divisions who are enrolled in kindergarten,~~	40358
~~in that community school is multiplied by the sum of the base~~	40359
~~formula amount of that community school plus the per pupil amount~~	40360
~~of the base funding supplements specified in divisions (C)(1) to~~	40361
~~(4) of section 3317.012 of the Revised Code.~~	40362

~~(2) The sum of the amounts calculated under divisions~~	40363
~~(C)(2)(a) and (b) of this section:~~	40364

~~(a) For each of the district's students reported under~~	40365
~~division (B)(2)(c) of this section as enrolled in a community~~	40366
~~school in grades one through twelve and receiving special~~	40367
~~education and related services pursuant to an IEP for a disability~~	40368
~~described in section 3317.013 of the Revised Code, the product of~~	40369
~~the applicable special education weight times the community~~	40370
~~school's base formula amount;~~	40371

~~(b) For each of the district's students reported under~~	40372
~~division (B)(2)(c) of this section as enrolled in kindergarten in~~	40373
~~a community school and receiving special education and related~~	40374
~~services pursuant to an IEP for a disability described in section~~	40375
~~3317.013 of the Revised Code, one-half of the amount calculated as~~	40376
~~prescribed in division (C)(2)(a) of this section.~~	40377

~~(3) For each of the district's students reported under~~	40378
~~division (B)(2)(d) of this section for whom payment is made under~~	40379
~~division (D)(4) of this section, the amount of that payment;~~	40380

~~(4) An amount equal to the sum of the amounts obtained when,~~	40381
~~for each community school where the district's students are~~	40382
~~enrolled, the number of the district's students enrolled in that~~	40383
~~community school who are included in the district's poverty~~	40384
~~student count is multiplied by the per pupil amount of~~	40385
~~poverty-based assistance the school district receives that year~~	40386
~~pursuant to division (C) of section 3317.029 of the Revised Code,~~	40387
~~as adjusted by any poverty-based assistance reduction factor of~~	40388
~~that community school. The per pupil amount of that aid for the~~	40389
~~district shall be calculated by the department.~~	40390

~~(5) An amount equal to the sum of the amounts obtained when,~~	40391
~~for each community school where the district's students are~~	40392
~~enrolled, the district's per pupil amount of aid received under~~	40393
~~division (E) of section 3317.029 of the Revised Code, as adjusted~~	40394
~~by any poverty-based assistance reduction factor of the community~~	40395
~~school, is multiplied by the sum of the following:~~	40396

~~(a) The number of the district's students reported under~~	40397
~~division (B)(2)(a) of this section who are enrolled in grades one~~	40398
~~to three in that community school and who are not receiving~~	40399
~~special education and related services pursuant to an IEP;~~	40400

~~(b) One-half of the district's students who are enrolled in~~	40401
~~all-day or any other kindergarten class in that community school~~	40402
~~and who are not receiving special education and related services~~	40403
~~pursuant to an IEP;~~	40404

~~(c) One-half of the district's students who are enrolled in~~	40405
~~all-day kindergarten in that community school and who are not~~	40406
~~receiving special education and related services pursuant to an~~	40407
~~IEP.~~	40408

~~The district's per pupil amount of aid under division (E) of~~	40409
~~section 3317.029 of the Revised Code is the quotient of the amount~~	40410
~~the district received under that division divided by the~~	40411
~~district's kindergarten through third grade ADM, as defined in~~	40412
~~that section.~~	40413

~~(6) An amount equal to the sum of the amounts obtained when,~~	40414
~~for each community school where the district's students are~~	40415
~~enrolled, the district's per pupil amount received under division~~	40416
~~(F) of section 3317.029 of the Revised Code, as adjusted by any~~	40417
~~poverty-based assistance reduction factor of that community~~	40418
~~school, is multiplied by the number of the district's students~~	40419
~~enrolled in the community school who are identified as~~	40420
~~limited-English proficient.~~	40421

~~(7) An amount equal to the sum of the amounts obtained when,~~	40422
~~for each community school where the district's students are~~	40423
~~enrolled, the district's per pupil amount received under division~~	40424
~~(G) of section 3317.029 of the Revised Code, as adjusted by any~~	40425
~~poverty-based assistance reduction factor of that community~~	40426
~~school, is multiplied by the sum of the following:~~	40427

~~(a) The number of the district's students enrolled in grades~~	40428
~~one through twelve in that community school;~~	40429

~~(b) One-half of the number of the district's students~~	40430
~~enrolled in kindergarten in that community school.~~	40431

~~The district's per pupil amount under division (G) of section~~	40432
~~3317.029 of the Revised Code is the district's amount per teacher~~	40433
~~calculated under division (G)(1) or (2) of that section divided by~~	40434
~~17.~~	40435

~~(8) An amount equal to the sum of the amounts obtained when,~~	40436
~~for each community school where the district's students are~~	40437
~~enrolled, the district's per pupil amount received under divisions~~	40438
~~(H) and (I) of section 3317.029 of the Revised Code, as adjusted~~	40439
~~by any poverty-based assistance reduction factor of that community~~	40440
~~school, is multiplied by the sum of the following:~~	40441

~~(a) The number of the district's students enrolled in grades~~	40442
~~one through twelve in that community school;~~	40443

~~(b) One-half of the number of the district's students~~	40444
~~enrolled in kindergarten in that community school.~~	40445

~~The district's per pupil amount under divisions (H) and (I)~~	40446
~~of section 3317.029 of the Revised Code is the amount calculated~~	40447
~~under each division divided by the district's formula ADM, as~~	40448
~~defined in section 3317.02 of the Revised Code.~~	40449

~~(9) An amount equal to the per pupil state parity aid funding~~	40450
~~calculated for the school district under either division (C) or~~	40451
~~(D) of section 3317.0217 of the Revised Code multiplied by the sum~~	40452
~~of the number of students in grades one through twelve, and~~	40453
~~one-half of the number of students in kindergarten, who are~~	40454
~~entitled to attend school in the district and are enrolled in a~~	40455
~~community school as reported under division (B)(1) of this~~	40456
~~section.~~	40457

~~(D) The department shall annually pay to a community school~~	40458
~~established under this chapter the sum of the amounts described in~~	40459
~~divisions (D)(1) to (10) of this section. However, the department~~	40460
~~shall calculate and pay to each internet- or computer-based~~	40461
~~community school only the amounts described in divisions (D)(1) to~~	40462
~~(3) of this section. Furthermore, the sum of the payments to all~~	40463
~~community schools under divisions (D)(1), (2), and (4) to (10) of~~	40464
~~this section for the students entitled to attend school in any~~	40465
~~particular school district shall not exceed the sum of that~~	40466
~~district's state education aid and its payment under sections~~	40467
~~321.24 and 323.156 of the Revised Code. If the sum of the payments~~	40468
~~calculated under those divisions for the students entitled to~~	40469
~~attend school in a particular school district exceeds the sum of~~	40470
~~that district's state education aid and its payment under sections~~	40471
~~321.24 and 323.156 of the Revised Code, the department shall~~	40472
~~calculate and apply a proration factor to the payments to all~~	40473
~~community schools under those divisions for the students entitled~~	40474
~~to attend school in that district.~~	40475

~~(1) An amount equal to the sum of the amounts obtained when~~	40476
~~the number of students enrolled in grades one through twelve, plus~~	40477
~~one-half of the kindergarten students in the school, reported~~	40478
~~under divisions (B)(2)(a), (b), and (e) of this section who are~~	40479
~~not receiving special education and related services pursuant to~~	40480
~~an IEP for a disability described in section 3317.013 of the~~	40481
~~Revised Code is multiplied by the sum of the community school's~~	40482
~~base formula amount plus the per pupil amount of the base funding~~	40483
~~supplements specified in divisions (C)(1) to (4) of section~~	40484
~~3317.012 of the Revised Code.~~	40485

~~(2) The sum of the following amounts:~~

40486

~~(a) For each student reported under division (B)(2)(c) of~~	40487
~~this section as enrolled in the school in grades one through~~	40488
~~twelve and receiving special education and related services~~	40489
~~pursuant to an IEP for a disability described in section 3317.013~~	40490
~~of the Revised Code, the following amount:~~	40491

~~(the school's base formula amount plus~~	40492

~~the per pupil amount of the base funding supplements specified in~~	40493

~~divisions (C)(1) to (4) of section 3317.012 of the Revised Code)~~	40494

~~+ (the applicable special education weight X the~~	40495

~~community school's base formula amount);~~	40496

~~(b) For each student reported under division (B)(2)(c) of~~	40497
~~this section as enrolled in kindergarten and receiving special~~	40498
~~education and related services pursuant to an IEP for a disability~~	40499
~~described in section 3317.013 of the Revised Code, one-half of the~~	40500
~~amount calculated under the formula prescribed in division~~	40501
~~(D)(2)(a) of this section.~~	40502

~~(3) An amount received from federal funds to provide special~~	40503
~~education and related services to students in the community~~	40504
~~school, as determined by the superintendent of public instruction.~~	40505

~~(4) For each student reported under division (B)(2)(d) of~~	40506
~~this section as enrolled in vocational education programs or~~	40507
~~classes that are described in section 3317.014 of the Revised~~	40508
~~Code, are provided by the community school, and are comparable as~~	40509
~~determined by the superintendent of public instruction to school~~	40510
~~district vocational education programs and classes eligible for~~	40511
~~state weighted funding under section 3317.014 of the Revised Code,~~	40512
~~an amount equal to the applicable vocational education weight~~	40513
~~times the community school's base formula amount times the~~	40514
~~percentage of time the student spends in the vocational education~~	40515
~~programs or classes.~~	40516

~~(5) An amount equal to the sum of the amounts obtained when,~~	40517
~~for each school district where the community school's students are~~	40518
~~entitled to attend school, the number of that district's students~~	40519
~~enrolled in the community school who are included in the~~	40520
~~district's poverty student count is multiplied by the per pupil~~	40521
~~amount of poverty-based assistance that school district receives~~	40522
~~that year pursuant to division (C) of section 3317.029 of the~~	40523
~~Revised Code, as adjusted by any poverty-based assistance~~	40524
~~reduction factor of the community school. The per pupil amount of~~	40525
~~aid shall be determined as described in division (C)(4) of this~~	40526
~~section.~~	40527

~~(6) An amount equal to the sum of the amounts obtained when,~~	40528
~~for each school district where the community school's students are~~	40529
~~entitled to attend school, the district's per pupil amount of aid~~	40530
~~received under division (E) of section 3317.029 of the Revised~~	40531
~~Code, as adjusted by any poverty-based assistance reduction factor~~	40532
~~of the community school, is multiplied by the sum of the~~	40533
~~following:~~	40534

~~(a) The number of the district's students reported under~~	40535
~~division (B)(2)(a) of this section who are enrolled in grades one~~	40536
~~to three in that community school and who are not receiving~~	40537
~~special education and related services pursuant to an IEP;~~	40538

~~(b) One-half of the district's students who are enrolled in~~	40539
~~all-day or any other kindergarten class in that community school~~	40540
~~and who are not receiving special education and related services~~	40541
~~pursuant to an IEP;~~	40542

~~(c) One-half of the district's students who are enrolled in~~	40543
~~all-day kindergarten in that community school and who are not~~	40544
~~receiving special education and related services pursuant to an~~	40545
~~IEP.~~	40546

~~The district's per pupil amount of aid under division (E) of~~	40547
~~section 3317.029 of the Revised Code shall be determined as~~	40548
~~described in division (C)(5) of this section.~~	40549

~~(7) An amount equal to the sum of the amounts obtained when,~~	40550
~~for each school district where the community school's students are~~	40551
~~entitled to attend school, the number of that district's students~~	40552
~~enrolled in the community school who are identified as~~	40553
~~limited-English proficient is multiplied by the district's per~~	40554
~~pupil amount received under division (F) of section 3317.029 of~~	40555
~~the Revised Code, as adjusted by any poverty-based assistance~~	40556
~~reduction factor of the community school.~~	40557

~~(8) An amount equal to the sum of the amounts obtained when,~~	40558
~~for each school district where the community school's students are~~	40559
~~entitled to attend school, the district's per pupil amount~~	40560
~~received under division (G) of section 3317.029 of the Revised~~	40561
~~Code, as adjusted by any poverty-based assistance reduction factor~~	40562
~~of the community school, is multiplied by the sum of the~~	40563
~~following:~~	40564

~~(a) The number of the district's students enrolled in grades~~	40565
~~one through twelve in that community school;~~	40566

~~(b) One-half of the number of the district's students~~	40567
~~enrolled in kindergarten in that community school.~~	40568

~~The district's per pupil amount under division (G) of section~~	40569
~~3317.029 of the Revised Code shall be determined as described in~~	40570
~~division (C)(7) of this section.~~	40571

~~(9) An amount equal to the sum of the amounts obtained when,~~	40572
~~for each school district where the community school's students are~~	40573
~~entitled to attend school, the district's per pupil amount~~	40574
~~received under divisions (H) and (I) of section 3317.029 of the~~	40575
~~Revised Code, as adjusted by any poverty-based assistance~~	40576
~~reduction factor of the community school, is multiplied by the sum~~	40577
~~of the following:~~	40578

~~(a) The number of the district's students enrolled in grades~~	40579
~~one through twelve in that community school;~~	40580

~~(b) One-half of the number of the district's students~~	40581
~~enrolled in kindergarten in that community school.~~	40582

~~The district's per pupil amount under divisions (H) and (I)~~	40583
~~of section 3317.029 of the Revised Code shall be determined as~~	40584
~~described in division (C)(8) of this section.~~	40585

~~(10) An amount equal to the sum of the amounts obtained when,~~	40586
~~for each school district where the community school's students are~~	40587
~~entitled to attend school, the district's per pupil amount of~~	40588
~~state parity aid funding calculated under either division (C) or~~	40589
~~(D) of section 3317.0217 of the Revised Code is multiplied by the~~	40590
~~sum of the number of that district's students enrolled in grades~~	40591
~~one through twelve, and one-half of the number of that district's~~	40592
~~students enrolled in kindergarten, in the community school as~~	40593
~~reported under divisions (B)(2)(a) and (b) of this section.~~	40594

~~(E)(1) If a community school's costs for a fiscal year for a~~	40595
~~student receiving special education and related services pursuant~~	40596
~~to an IEP for a disability described in divisions (B) to (F) of~~	40597
~~section 3317.013 of the Revised Code exceed the threshold~~	40598
~~catastrophic cost for serving the student as specified in division~~	40599
~~(C)(3)(b) of section 3317.022 of the Revised Code, the school may~~	40600
~~submit to the superintendent of public instruction documentation,~~	40601
~~as prescribed by the superintendent, of all its costs for that~~	40602
~~student. Upon submission of documentation for a student of the~~	40603
~~type and in the manner prescribed, the department shall pay to the~~	40604
~~community school an amount equal to the school's costs for the~~	40605
~~student in excess of the threshold catastrophic costs.~~	40606

~~(2) The community school shall only report under division~~	40607
~~(E)(1) of this section, and the department shall only pay for, the~~	40608
~~costs of educational expenses and the related services provided to~~	40609
~~the student in accordance with the student's individualized~~	40610
~~education program. Any legal fees, court costs, or other costs~~	40611
~~associated with any cause of action relating to the student may~~	40612
~~not be included in the amount.~~	40613

~~(F) A community school may apply to the department of~~	40614
~~education for preschool children with disabilities unit funding~~	40615
~~the school would receive if it were a school district. Upon~~	40616
~~request of its governing authority, a community school that~~	40617
~~received such unit funding as a school district-operated school~~	40618
~~before it became a community school shall retain any units awarded~~	40619
~~to it as a school district-operated school provided the school~~	40620
~~continues to meet eligibility standards for the unit.~~	40621

~~A community school shall be considered a school district and~~	40622
~~its governing authority shall be considered a board of education~~	40623
~~for the purpose of applying to any state or federal agency for~~	40624
~~grants that a school district may receive under federal or state~~	40625
~~law or any appropriations act of the general assembly. The~~	40626
~~governing authority of a community school may apply to any private~~	40627
~~entity for additional funds.~~	40628

~~(G)~~(1) Except as provided in division (C)(2) of this section,	40629
and subject to divisions (C)(3) and (4) of this section, on a	40630
full-time equivalency basis, for each student enrolled in a	40631
community school established under this chapter, the department of	40632
education annually shall deduct from the state education aid of a	40633
student's resident district and, if necessary, from the payment	40634
made to the district under sections 321.24 and 323.156 of the	40635
Revised Code and pay to the community school the sum of the	40636
following:	40637

(a) An opportunity grant of ($250,000 - the school's	40638
valuation per pupil) X 0.02.	40639

Each community school's valuation per pupil shall be zero.

40640

(b) The per pupil amount of targeted assistance funds	40641
calculated under section 3317.0217 of the Revised Code for the	40642
student's resident district, as determined by the department;	40643

(c) Additional state aid for special education and related	40644
services provided under Chapter 3323. of the Revised Code as	40645
follows:	40646

(i) If the student is a category one special education	40647
student, the amount specified in division (A) of section 3317.013	40648
of the Revised Code;	40649

(ii) If the student is a category two special education	40650
student, the amount specified in division (B) of section 3317.013	40651
of the Revised Code;	40652

(iii) If the student is a category three special education	40653
student, the amount specified in division (C) of section 3317.013	40654
of the Revised Code;	40655

(iv) If the student is a category four special education	40656
student, the amount specified in division (D) of section 3317.013	40657
of the Revised Code;	40658

(v) If the student is a category five special education	40659
student, the amount specified in division (E) of section 3317.013	40660
of the Revised Code;	40661

(vi) If the student is a category six special education	40662
student, the amount specified in division (F) of section 3317.013	40663
of the Revised Code.	40664

(d) If the student is in kindergarten, the per pupil amount	40665
of early childhood access funds calculated under division (A)(4)	40666
of section 3317.022 of the Revised Code for the student's resident	40667
district, as determined by the department, X the full-time	40668
equivalency of the student;	40669

(e) If the student is economically disadvantaged, $500 X the	40670
resident district's economically disadvantaged index;	40671

(f) Limited English proficiency funds as follows:

40672

(i) If the student is a category one limited English	40673
proficiency student, the amount specified in division (A) of	40674
section 3317.016 of the Revised Code;	40675

(ii) If the student is a category two limited English	40676
proficiency student, the amount specified in division (B) of	40677
section 3317.016 of the Revised Code;	40678

(iii) If the student is a category three limited English	40679
proficiency student, the amount specified in division (C) of	40680
section 3317.016 of the Revised Code;	40681

(iv) If the student is a category four limited English	40682
proficiency student, the amount specified in division (D) of	40683
section 3317.016 of the Revised Code.	40684

(g) Gifted funds in an amount of $50 for each enrolled	40685
student.	40686

(2) When deducting from the state education aid of a	40687
student's resident district for students enrolled in an internet-	40688
or computer-based community school and making payments to such	40689
school under this section, the department shall make the	40690
deductions and payments described in only divisions (C)(1)(a),	40691
(c), (e), (f), and (g) of this section.	40692

No deductions or payments shall be made for a student	40693
enrolled in such school under division (C)(1)(b) or (d) of this	40694
section.	40695

(3) The department shall deduct from the aggregate amount	40696
paid under division (C)(1) of this section fifteen per cent of the	40697
sum of the amount paid under division (C)(1)(c) of this section	40698
and transfer that amount to the special education exceptional cost	40699
fund created in section 3317.0215 of the Revised Code. A community	40700
school may apply for funds from the special education exceptional	40701
cost fund if it satisfies the criteria in section 3317.0214 of the	40702
Revised Code.	40703

(4) If the sum of the payments computed under division (C)(1)	40704
of this section for the students entitled to attend school in a	40705
particular school district under sections 3313.64 and 3313.65 of	40706
the Revised Code exceeds the sum of that district's state	40707
education aid and its payment under sections 321.24 and 323.156 of	40708
the Revised Code, the department shall calculate and apply a	40709
proration factor to the payments to all community schools under	40710
that division for the students entitled to attend school in that	40711
district.	40712

(D) A board of education sponsoring a community school may	40713
utilize local funds to make enhancement grants to the school or	40714
may agree, either as part of the contract or separately, to	40715
provide any specific services to the community school at no cost	40716
to the school.	40717

~~(H)~~(E) A community school may not levy taxes or issue bonds	40718
secured by tax revenues.	40719

~~(I)~~(F) No community school shall charge tuition for the	40720
enrollment of any student.	40721

~~(J)~~(G)(1)(a) A community school may borrow money to pay any	40722
necessary and actual expenses of the school in anticipation of the	40723
receipt of any portion of the payments to be received by the	40724
school pursuant to division ~~(D)~~(C) of this section. The school may	40725
issue notes to evidence such borrowing. The proceeds of the notes	40726
shall be used only for the purposes for which the anticipated	40727
receipts may be lawfully expended by the school.	40728

(b) A school may also borrow money for a term not to exceed	40729
fifteen years for the purpose of acquiring facilities.	40730

(2) Except for any amount guaranteed under section 3318.50 of	40731
the Revised Code, the state is not liable for debt incurred by the	40732
governing authority of a community school.	40733

~~(K) For purposes of determining the number of students for~~	40734
~~which divisions (D)(5) and (6) of this section applies in any~~	40735
~~school year, a community school may submit to the department of~~	40736
~~job and family services, no later than the first day of March, a~~	40737
~~list of the students enrolled in the school. For each student on~~	40738
~~the list, the community school shall indicate the student's name,~~	40739
~~address, and date of birth and the school district where the~~	40740
~~student is entitled to attend school. Upon receipt of a list under~~	40741
~~this division, the department of job and family services shall~~	40742
~~determine, for each school district where one or more students on~~	40743
~~the list is entitled to attend school, the number of students~~	40744
~~residing in that school district who were included in the~~	40745
~~department's report under section 3317.10 of the Revised Code. The~~	40746
~~department shall make this determination on the basis of~~	40747
~~information readily available to it. Upon making this~~	40748
~~determination and no later than ninety days after submission of~~	40749
~~the list by the community school, the department shall report to~~	40750
~~the state department of education the number of students on the~~	40751
~~list who reside in each school district who were included in the~~	40752
~~department's report under section 3317.10 of the Revised Code. In~~	40753
~~complying with this division, the department of job and family~~	40754
~~services shall not report to the state department of education any~~	40755
~~personally identifiable information on any student.~~	40756

~~(L)~~(H) The department of education shall adjust the amounts	40757
subtracted and paid under ~~divisions~~division (C) ~~and (D)~~ of this	40758
section to reflect any enrollment of students in community schools	40759
for less than the equivalent of a full school year. The state	40760
board of education within ninety days after April 8, 2003, shall	40761
adopt in accordance with Chapter 119. of the Revised Code rules	40762
governing the payments to community schools under this section ~~and~~	40763
~~section 3314.13 of the Revised Code~~ including initial payments in	40764
a school year and adjustments and reductions made in subsequent	40765
periodic payments to community schools and corresponding	40766
deductions from school district accounts as provided under	40767
~~divisions~~division (C) ~~and (D)~~ of this section ~~and section 3314.13~~	40768
~~of the Revised Code~~. For purposes of this section ~~and section~~	40769
~~3314.13 of the Revised Code~~:	40770

(1) A student shall be considered enrolled in the community	40771
school for any portion of the school year the student is	40772
participating at a college under Chapter 3365. of the Revised	40773
Code.	40774

(2) A student shall be considered to be enrolled in a	40775
community school for the period of time beginning on the later of	40776
the date on which the school both has received documentation of	40777
the student's enrollment from a parent and the student has	40778
commenced participation in learning opportunities as defined in	40779
the contract with the sponsor, or thirty days prior to the date on	40780
which the student is entered into the education management	40781
information system established under section 3301.0714 of the	40782
Revised Code. For purposes of applying this division and divisions	40783
~~(L)~~(H)(3) and (4) of this section to a community school student,	40784
"learning opportunities" shall be defined in the contract, which	40785
shall describe both classroom-based and non-classroom-based	40786
learning opportunities and shall be in compliance with criteria	40787
and documentation requirements for student participation which	40788
shall be established by the department. Any student's instruction	40789
time in non-classroom-based learning opportunities shall be	40790
certified by an employee of the community school. A student's	40791
enrollment shall be considered to cease on the date on which any	40792
of the following occur:	40793

(a) The community school receives documentation from a parent	40794
terminating enrollment of the student.	40795

(b) The community school is provided documentation of a	40796
student's enrollment in another public or private school.	40797

(c) The community school ceases to offer learning	40798
opportunities to the student pursuant to the terms of the contract	40799
with the sponsor or the operation of any provision of this	40800
chapter.	40801

Except as otherwise specified in this paragraph, beginning in	40802
the 2011-2012 school year, any student who completed the prior	40803
school year in an internet- or computer-based community school	40804
shall be considered to be enrolled in the same school in the	40805
subsequent school year until the student's enrollment has ceased	40806
as specified in division ~~(L)~~(H)(2) of this section. The department	40807
shall continue subtracting and paying amounts for the student	40808
under ~~divisions~~division (C) ~~and (D)~~ of this section without	40809
interruption at the start of the subsequent school year. However,	40810
if the student without a legitimate excuse fails to participate in	40811
the first one hundred five consecutive hours of learning	40812
opportunities offered to the student in that subsequent school	40813
year, the student shall be considered not to have re-enrolled in	40814
the school for that school year and the department shall	40815
recalculate the payments to the school for that school year to	40816
account for the fact that the student is not enrolled.	40817

(3) The department shall determine each community school	40818
student's percentage of full-time equivalency based on the	40819
percentage of learning opportunities offered by the community	40820
school to that student, reported either as number of hours or	40821
number of days, is of the total learning opportunities offered by	40822
the community school to a student who attends for the school's	40823
entire school year. However, no internet- or computer-based	40824
community school shall be credited for any time a student spends	40825
participating in learning opportunities beyond ten hours within	40826
any period of twenty-four consecutive hours. Whether it reports	40827
hours or days of learning opportunities, each community school	40828
shall offer not less than nine hundred twenty hours of learning	40829
opportunities during the school year.	40830

(4) With respect to the calculation of full-time equivalency	40831
under division ~~(L)~~(H)(3) of this section, the department shall	40832
waive the number of hours or days of learning opportunities not	40833
offered to a student because the community school was closed	40834
during the school year due to disease epidemic, hazardous weather	40835
conditions, law enforcement emergencies, inoperability of school	40836
buses or other equipment necessary to the school's operation,	40837
damage to a school building, or other temporary circumstances due	40838
to utility failure rendering the school building unfit for school	40839
use, so long as the school was actually open for instruction with	40840
students in attendance during that school year for not less than	40841
the minimum number of hours required by this chapter. The	40842
department shall treat the school as if it were open for	40843
instruction with students in attendance during the hours or days	40844
waived under this division.	40845

~~(M)~~(I) The department of education shall reduce the amounts	40846
paid under ~~division (D) of~~ this section to reflect payments made	40847
to colleges under division (B) of section 3365.07 of the Revised	40848
Code ~~or through alternative funding agreements entered into under~~	40849
~~rules adopted under section 3365.12 of the Revised Code~~.	40850

~~(N)~~(J)(1) No student shall be considered enrolled in any	40851
internet- or computer-based community school or, if applicable to	40852
the student, in any community school that is required to provide	40853
the student with a computer pursuant to division (C) of section	40854
3314.22 of the Revised Code, unless both of the following	40855
conditions are satisfied:	40856

(a) The student possesses or has been provided with all	40857
required hardware and software materials and all such materials	40858
are operational so that the student is capable of fully	40859
participating in the learning opportunities specified in the	40860
contract between the school and the school's sponsor as required	40861
by division (A)(23) of section 3314.03 of the Revised Code;	40862

(b) The school is in compliance with division (A) of section	40863
3314.22 of the Revised Code, relative to such student.	40864

(2) In accordance with policies adopted jointly by the	40865
superintendent of public instruction and the auditor of state, the	40866
department shall reduce the amounts otherwise payable under	40867
division ~~(D)~~(C) of this section to any community school that	40868
includes in its program the provision of computer hardware and	40869
software materials to any student, if such hardware and software	40870
materials have not been delivered, installed, and activated for	40871
each such student in a timely manner or other educational	40872
materials or services have not been provided according to the	40873
contract between the individual community school and its sponsor.	40874

The superintendent of public instruction and the auditor of	40875
state shall jointly establish a method for auditing any community	40876
school to which this division pertains to ensure compliance with	40877
this section.	40878

The superintendent, auditor of state, and the governor shall	40879
jointly make recommendations to the general assembly for	40880
legislative changes that may be required to assure fiscal and	40881
academic accountability for such schools.	40882

~~(O)~~(K)(1) If the department determines that a review of a	40883
community school's enrollment is necessary, such review shall be	40884
completed and written notice of the findings shall be provided to	40885
the governing authority of the community school and its sponsor	40886
within ninety days of the end of the community school's fiscal	40887
year, unless extended for a period not to exceed thirty additional	40888
days for one of the following reasons:	40889

(a) The department and the community school mutually agree to	40890
the extension.	40891

(b) Delays in data submission caused by either a community	40892
school or its sponsor.	40893

(2) If the review results in a finding that additional	40894
funding is owed to the school, such payment shall be made within	40895
thirty days of the written notice. If the review results in a	40896
finding that the community school owes moneys to the state, the	40897
following procedure shall apply:	40898

(a) Within ten business days of the receipt of the notice of	40899
findings, the community school may appeal the department's	40900
determination to the state board of education or its designee.	40901

(b) The board or its designee shall conduct an informal	40902
hearing on the matter within thirty days of receipt of such an	40903
appeal and shall issue a decision within fifteen days of the	40904
conclusion of the hearing.	40905

(c) If the board has enlisted a designee to conduct the	40906
hearing, the designee shall certify its decision to the board. The	40907
board may accept the decision of the designee or may reject the	40908
decision of the designee and issue its own decision on the matter.	40909

(d) Any decision made by the board under this division is	40910
final.	40911

(3) If it is decided that the community school owes moneys to	40912
the state, the department shall deduct such amount from the	40913
school's future payments in accordance with guidelines issued by	40914
the superintendent of public instruction.	40915

~~(P)~~(L) The department shall not subtract from a school	40916
district's state aid account ~~under division (C) of this section~~	40917
and shall not pay to a community school under division ~~(D)~~(C) of	40918
this section any amount for any of the following:	40919

(1) Any student who has graduated from the twelfth grade of a	40920
public or nonpublic high school;	40921

(2) Any student who is not a resident of the state;

40922

(3) Any student who was enrolled in the community school	40923
during the previous school year when assessments were administered	40924
under section 3301.0711 of the Revised Code but did not take one	40925
or more of the assessments required by that section and was not	40926
excused pursuant to division (C)(1) or (3) of that section, unless	40927
the superintendent of public instruction grants the student a	40928
waiver from the requirement to take the assessment and a parent is	40929
not paying tuition for the student pursuant to section 3314.26 of	40930
the Revised Code. The superintendent may grant a waiver only for	40931
good cause in accordance with rules adopted by the state board of	40932
education.	40933

(4) Any student who has attained the age of twenty-two years,	40934
except for veterans of the armed services whose attendance was	40935
interrupted before completing the recognized twelve-year course of	40936
the public schools by reason of induction or enlistment in the	40937
armed forces and who apply for enrollment in a community school	40938
not later than four years after termination of war or their	40939
honorable discharge. If, however, any such veteran elects to	40940
enroll in special courses organized for veterans for whom tuition	40941
is paid under federal law, or otherwise, the department shall not	40942
subtract from a school district's state aid account ~~under division~~	40943
~~(C) of this section~~ and shall not pay to a community school under	40944
division ~~(D)~~(C) of this section any amount for that veteran.	40945

Sec. 3314.082. A community school shall be considered a	40946
school district and its governing authority shall be considered a	40947
board of education for the purpose of applying to any state or	40948
federal agency for grants that a school district may receive under	40949
federal or state law or any appropriations act of the general	40950
assembly. The governing authority of a community school may apply	40951
to any private entity for additional funds.	40952

Sec. 3314.083. If the department of education pays a joint	40953
vocational school district under division ~~(G)(4)~~(C)(3) of section	40954
3317.16 of the Revised Code for excess costs of providing special	40955
education and related services to a student with a disability who	40956
is enrolled in a community school, as calculated under division	40957
~~(G)(2)~~(C)(1) of that section, the department shall deduct the	40958
amount of that payment from the amount calculated for payment to	40959
the community school under section 3314.08 of the Revised Code.	40960

Sec. 3314.084. (A) As used in this section:

40961

(1) "Formula ADM" has the same meaning as in section 3317.03	40962
of the Revised Code.	40963

(2) "Home" has the same meaning as in section 3313.64 of the	40964
Revised Code.	40965

(3) "School district of residence" has the same meaning as in	40966
section 3323.01 of the Revised Code; however, a community school	40967
established under this chapter is not a "school district of	40968
residence" for purposes of this section.	40969

(B) Notwithstanding anything to the contrary in section	40970
3314.08 or 3317.03 of the Revised Code, all of the following apply	40971
in the case of a child who is enrolled in a community school and	40972
is also living in a home:	40973

(1) For purposes of the report required under division (B)(1)	40974
of section 3314.08 of the Revised Code, the child's school	40975
district of residence, and not the school district in which the	40976
home that the child is living in is located, shall be considered	40977
to be the school district in which the child is entitled to attend	40978
school. That school district of residence, therefore, shall make	40979
the report required under division (B)(1) of section 3314.08 of	40980
the Revised Code with respect to the child.	40981

(2) For purposes of the report required under division (B)(2)	40982
of section 3314.08 of the Revised Code, the community school shall	40983
report the name of the child's school district of residence.	40984

(3) The child's school district of residence shall count the	40985
child in that district's formula ADM.	40986

(4) The school district in which the home that the child is	40987
living in is located shall not count the child in that district's	40988
formula ADM.	40989

(5) The ~~Department~~department of ~~Education~~education shall	40990
deduct the applicable amounts prescribed under division (C) of	40991
section 3314.08 ~~and division (D) of section 3314.13~~ of the Revised	40992
Code from the child's school district of residence and shall not	40993
deduct those amounts from the school district in which the home	40994
that the child is living in is located.	40995

(6) The ~~Department~~department shall make the payments	40996
prescribed in ~~divisions (D) and (E)~~division (C) of section	40997
3314.08 ~~and section 3314.13~~ of the Revised Code, as applicable, to	40998
the community school.	40999

Sec. 3314.085. The department of education shall pay to each	41000
community school the amount approved for that school under section	41001
3317.162 of the Revised Code by the lead district of the	41002
career-technical planning district to which the school has been	41003
assigned.	41004

Sec. 3314.087. (A) As used in this section:

41005

(1) "Career-technical program" means ~~vocational~~	41006
career-technical programs or classes described in division (A) or,	41007
(B), (C), (D), or (E) of section 3317.014 of the Revised Code in	41008
which a student is enrolled.	41009

(2) "Formula ADM," "category one ~~or two vocational~~through	41010
five career-technical education ADM," and "FTE basis" have the	41011
same meanings as in section 3317.02 of the Revised Code.	41012

(3) "Resident school district" means the city, exempted	41013
village, or local school district in which a student is entitled	41014
to attend school under section 3313.64 or 3313.65 of the Revised	41015
Code.	41016

(B) Notwithstanding anything to the contrary in this chapter	41017
or Chapter 3317. of the Revised Code, a student enrolled in a	41018
community school may simultaneously enroll in the career-technical	41019
program operated by the student's resident school district. On an	41020
FTE basis, the student's resident school district shall count the	41021
student in the category one ~~or two vocational~~through five	41022
career-technical education ADM for the proportion of the time the	41023
student is enrolled in the district's career-technical program	41024
and, accordingly, the department of education shall calculate	41025
funds under Chapter 3317. for the district attributable to the	41026
student for the proportion of time the student attends the	41027
career-technical program. The community school shall count the	41028
student in its enrollment report under section 3314.08 of the	41029
Revised Code and shall report to the department the proportion of	41030
time that the student attends classes at the community school. The	41031
department shall pay the community school and deduct from the	41032
student's resident school district the amount computed for the	41033
student under section 3314.08 of the Revised Code in proportion to	41034
the fraction of the time on an FTE basis that the student attends	41035
classes at the community school. "Full-time equivalency" for a	41036
community school student, as defined in division ~~(L)~~(H) of section	41037
3314.08 of the Revised Code, does not apply to the student.	41038

Sec. 3314.091. (A) A school district is not required to	41039
provide transportation for any native student enrolled in a	41040
community school if the district board of education has entered	41041
into an agreement with the community school's governing authority	41042
that designates the community school as responsible for providing	41043
or arranging for the transportation of the district's native	41044
students to and from the community school. For any such agreement	41045
to be effective, it must be certified by the superintendent of	41046
public instruction as having met all of the following	41047
requirements:	41048

(1) It is submitted to the department of education by a	41049
deadline which shall be established by the department.	41050

(2) In accordance with divisions (C)(1) and (2) of this	41051
section, it specifies qualifications, such as residing a minimum	41052
distance from the school, for students to have their	41053
transportation provided or arranged.	41054

(3) The transportation provided by the community school is	41055
subject to all provisions of the Revised Code and all rules	41056
adopted under the Revised Code pertaining to pupil transportation.	41057

(4) The sponsor of the community school also has signed the	41058
agreement.	41059

(B)(1) For the school year that begins on July 1, 2007, a	41060
school district is not required to provide transportation for any	41061
native student enrolled in a community school, if the community	41062
school during the previous school year transported the students	41063
enrolled in the school or arranged for the students'	41064
transportation, even if that arrangement consisted of having	41065
parents transport their children to and from the school, but did	41066
not enter into an agreement to transport or arrange for	41067
transportation for those students under division (A) of this	41068
section, and if the governing authority of the community school by	41069
July 15, 2007, submits written notification to the district board	41070
of education stating that the governing authority is accepting	41071
responsibility for providing or arranging for the transportation	41072
of the district's native students to and from the community	41073
school.	41074

(2) For any school year subsequent to the school year that	41075
begins on July 1, 2007, a school district is not required to	41076
provide transportation for any native student enrolled in a	41077
community school if the governing authority of the community	41078
school, by the thirty-first day of January of the previous school	41079
year, submits written notification to the district board of	41080
education stating that the governing authority is accepting	41081
responsibility for providing or arranging for the transportation	41082
of the district's native students to and from the community	41083
school. If the governing authority of the community school has	41084
previously accepted responsibility for providing or arranging for	41085
the transportation of a district's native students to and from the	41086
community school, under division (B)(1) or (2) of this section,	41087
and has since relinquished that responsibility under division	41088
(B)(3) of this section, the governing authority shall not accept	41089
that responsibility again unless the district board consents to	41090
the governing authority's acceptance of that responsibility.	41091

(3) A governing authority's acceptance of responsibility	41092
under division (B)(1) or (2) of this section shall cover an entire	41093
school year, and shall remain in effect for subsequent school	41094
years unless the governing authority submits written notification	41095
to the district board that the governing authority is	41096
relinquishing the responsibility. However, a governing authority	41097
shall not relinquish responsibility for transportation before the	41098
end of a school year, and shall submit the notice relinquishing	41099
responsibility by the thirty-first day of January, in order to	41100
allow the school district reasonable time to prepare	41101
transportation for its native students enrolled in the school.	41102

(C)(1) A community school governing authority that enters	41103
into an agreement under division (A) of this section, or that	41104
accepts responsibility under division (B) of this section, shall	41105
provide or arrange transportation free of any charge for each of	41106
its enrolled students who is required to be transported under	41107
section 3327.01 of the Revised Code or who would otherwise be	41108
transported by the school district under the district's	41109
transportation policy. The governing authority shall report to the	41110
department of education the number of students transported or for	41111
whom transportation is arranged under this section in accordance	41112
with rules adopted by the state board of education.	41113

(2) The governing authority may provide or arrange	41114
transportation for any other enrolled student who is not eligible	41115
for transportation in accordance with division (C)(1) of this	41116
section and may charge a fee for such service up to the actual	41117
cost of the service.	41118

(3) Notwithstanding anything to the contrary in division	41119
(C)(1) or (2) of this section, a community school governing	41120
authority shall provide or arrange transportation free of any	41121
charge for any disabled student enrolled in the school for whom	41122
the student's individualized education program developed under	41123
Chapter 3323. of the Revised Code specifies transportation.	41124

(D)(1) If a school district board and a community school	41125
governing authority elect to enter into an agreement under	41126
division (A) of this section, the department of education shall	41127
make payments to the community school according to the terms of	41128
the agreement for each student actually transported under division	41129
(C)(1) of this section.	41130

If a community school governing authority accepts	41131
transportation responsibility under division (B) of this section,	41132
the department shall make payments to the community school for	41133
each student actually transported or for whom transportation is	41134
arranged by the community school under division (C)(1) of this	41135
section, calculated as follows:	41136

(a) For any fiscal year which the general assembly has	41137
specified that transportation payments to school districts be	41138
based on an across-the-board percentage of the district's payment	41139
for the previous school year, the per pupil payment to the	41140
community school shall be the following quotient:	41141

(i) The total amount calculated for the school district in	41142
which the child is entitled to attend school for student	41143
transportation other than transportation of children with	41144
disabilities; divided by	41145

(ii) The number of students included in the district's	41146
transportation ADM for the current fiscal year, as reported under	41147
division (B)~~(13)~~(20) of section 3317.03 of the Revised Code, plus	41148
the number of students enrolled in the community school not	41149
counted in the district's transportation ADM who are transported	41150
under division (B)(1) or (2) of this section.	41151

(b) For any fiscal year which the general assembly has	41152
specified that the transportation payments to school districts be	41153
calculated in accordance with section 3317.0212 of the Revised	41154
Code and any rules of the state board of education implementing	41155
that section, the payment to the community school shall be the	41156
amount so calculated that otherwise would be paid to the school	41157
district in which the student is entitled to attend school by the	41158
method of transportation the district would have used. The	41159
community school, however, is not required to use the same method	41160
to transport that student.	41161

(c) Divisions (D)(1)(a) and (b) of this section do not apply	41162
to fiscal years 2012 and 2013. Rather, for each of those fiscal	41163
years, the per pupil payment to a community school for	41164
transporting a student shall be the total amount paid under former	41165
section 3306.12 of the Revised Code for fiscal year 2011 to the	41166
school district in which the child is entitled to attend school	41167
divided by that district's "qualifying ridership," as defined in	41168
that section for fiscal year 2011.	41169

As used in this division "entitled to attend school" means	41170
entitled to attend school under section 3313.64 or 3313.65 of the	41171
Revised Code.	41172

(2) The department shall deduct the payment under division	41173
(D)(1) of this section from the state education aid, as defined in	41174
section 3314.08 of the Revised Code, and, if necessary, the	41175
payment under sections 321.14 and 323.156 of the Revised Code,	41176
that is otherwise paid to the school district in which the student	41177
enrolled in the community school is entitled to attend school. The	41178
department shall include the number of the district's native	41179
students for whom payment is made to a community school under	41180
division (D)(1) of this section in the calculation of the	41181
district's transportation payment under section 3317.0212 of the	41182
Revised Code and the operating appropriations act.	41183

(3) A community school shall be paid under division (D)(1) of	41184
this section only for students who are eligible as specified in	41185
section 3327.01 of the Revised Code and division (C)(1) of this	41186
section, and whose transportation to and from school is actually	41187
provided, who actually utilized transportation arranged, or for	41188
whom a payment in lieu of transportation is made by the community	41189
school's governing authority. To qualify for the payments, the	41190
community school shall report to the department, in the form and	41191
manner required by the department, data on the number of students	41192
transported or whose transportation is arranged, the number of	41193
miles traveled, cost to transport, and any other information	41194
requested by the department.	41195

(4) A community school shall use payments received under this	41196
section solely to pay the costs of providing or arranging for the	41197
transportation of students who are eligible as specified in	41198
section 3327.01 of the Revised Code and division (C)(1) of this	41199
section, which may include payments to a parent, guardian, or	41200
other person in charge of a child in lieu of transportation.	41201

(E) Except when arranged through payment to a parent,	41202
guardian, or person in charge of a child, transportation provided	41203
or arranged for by a community school pursuant to an agreement	41204
under this section is subject to all provisions of the Revised	41205
Code, and all rules adopted under the Revised Code, pertaining to	41206
the construction, design, equipment, and operation of school buses	41207
and other vehicles transporting students to and from school. The	41208
drivers and mechanics of the vehicles are subject to all	41209
provisions of the Revised Code, and all rules adopted under the	41210
Revised Code, pertaining to drivers and mechanics of such	41211
vehicles. The community school also shall comply with sections	41212
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	41213
of section 3327.16 of the Revised Code and, subject to division	41214
(C)(1) of this section, sections 3327.01 and 3327.02 of the	41215
Revised Code, as if it were a school district.	41216

Sec. 3314.092. The governing authority of a community school	41217
established under this chapter shall consult with each school	41218
district board of education that transports students to the	41219
community school under sections 3314.09 and 3327.01 of the Revised	41220
Code prior to making any change in the hours or days in which the	41221
community school is open for instruction.	41222

Sec. 3314.11. (A) The board of education of each city,	41223
exempted village, and local school district monthly shall review	41224
enrollment for students enrolled in community schools established	41225
under this chapter and entitled to attend school in the district	41226
under section 3313.64 or 3313.65 of the Revised Code. For each	41227
student, the district shall verify to the department of education	41228
both of the following:	41229

(1) The community school in which the student is enrolled;

41230

(2) That the student is entitled to attend school in the	41231
district under section 3313.64 or 3313.65 of the Revised Code.	41232

(B) For purposes of its initial reporting of the school	41233
districts its students are entitled to attend, the governing	41234
authority of a community school may adopt a policy that prescribes	41235
the number of documents listed in division (E) of this section	41236
required to verify a student's residency. This policy, if adopted,	41237
shall supersede any policy concerning the number of documents for	41238
initial residency verification adopted by the district the student	41239
is entitled to attend. If a community school does not adopt a	41240
policy under this division, the policy of the school district in	41241
which the student is entitled to attend shall prevail.	41242

(C) In making the determinations under this section, the	41243
school district in which a parent or child resides is the location	41244
the parent or student has established as the primary residence and	41245
where substantial family activity takes place.	41246

(D) If a district's determination under division (A) of this	41247
section of the school district a student is entitled to attend	41248
under section 3313.64 or 3313.65 of the Revised Code differs from	41249
a community school's determination under division (B) of this	41250
section, the community school shall provide the school district	41251
that made the determination under division (A) of this section	41252
with documentation of the student's residency and shall make a	41253
good faith effort to accurately identify the correct residence of	41254
the student.	41255

(E) For purposes of this section, the following documents may	41256
serve as evidence of primary residence:	41257

(1) A deed, mortgage, lease, current home owner's or renter's	41258
insurance declaration page, or current real property tax bill;	41259

(2) A utility bill or receipt of utility installation issued	41260
within ninety days of enrollment;	41261

(3) A paycheck or paystub issued to the parent or student	41262
within ninety days of the date of enrollment that includes the	41263
address of the parent's or student's primary residence;	41264

(4) The most current available bank statement issued to the	41265
parent or student that includes the address of the parent's or	41266
student's primary residence;	41267

(5) Any other official document issued to the parent or	41268
student that includes the address of the parent's or student's	41269
primary residence. The superintendent of public instruction shall	41270
develop guidelines for determining what qualifies as an "official	41271
document" under this division.	41272

(F) When a student loses permanent housing and becomes a	41273
homeless child or youth, as defined in 42 U.S.C. 11434a, or when a	41274
child who is such a homeless child or youth changes temporary	41275
living arrangements, the district in which the student is entitled	41276
to attend school shall be determined in accordance with division	41277
(F)(13) of section 3313.64 of the Revised Code and the	41278
"McKinney-Vento Homeless Assistance Act," 42 U.S.C. 11431 et seq.	41279

(G) In the event of a disagreement as to which school	41280
district a student is entitled to attend, the community school,	41281
after complying with division (D) of this section, but not more	41282
than sixty days after the monthly deadline established by the	41283
department of education for reporting of community school	41284
enrollment, may present the matter to the superintendent of public	41285
instruction. Not later than thirty days after the community school	41286
presents the matter, the state superintendent, or the state	41287
superintendent's designee, shall determine which district the	41288
student is entitled to attend and shall direct any necessary	41289
adjustments to payments and deductions under ~~sections~~section	41290
3314.08 ~~and 3314.13~~ of the Revised Code based on that	41291
determination.	41292

Sec. 3314.26. (A) Each internet- or computer-based community	41293
school shall withdraw from the school any student who, for two	41294
consecutive school years, has failed to participate in the spring	41295
administration of any assessment prescribed under section	41296
3301.0710 or 3301.0712 of the Revised Code for the student's grade	41297
level and was not excused from the assessment pursuant to division	41298
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless	41299
of whether a waiver was granted for the student under division	41300
~~(P)~~(L)(3) of section 3314.08 of the Revised Code. The school shall	41301
report any such student's data verification code, as assigned	41302
pursuant to section 3301.0714 of the Revised Code, to the	41303
department of education. The department shall maintain a list of	41304
all data verification codes reported under this division and	41305
section 3313.6410 of the Revised Code and provide that list to	41306
each internet- or computer-based community school and to each	41307
school to which section 3313.6410 of the Revised Code applies.	41308

(B) No internet- or computer-based community school shall	41309
receive any state funds under this chapter for any enrolled	41310
student whose data verification code appears on the list	41311
maintained by the department under division (A) of this section.	41312

Notwithstanding any provision of the Revised Code to the	41313
contrary, the parent of any such student shall pay tuition to the	41314
internet- or computer-based community school in an amount equal to	41315
the state funds the school otherwise would receive for that	41316
student, as determined by the department. An internet- or	41317
computer-based community school may withdraw any student for whom	41318
the parent does not pay tuition as required by this division.	41319

Sec. 3315.06. As used in this section "expenses" includes	41320
the cost of meals served to educational service center governing	41321
board members, and members of the boards of ~~local~~ school districts	41322
~~within the territory of~~that have entered into an agreement under	41323
section 3313.843 or 3313.845 of the Revised Code to receive any	41324
services from the service center at meetings of the governing	41325
board and meetings authorized by this section, if a resolution to	41326
that effect has been adopted by a majority of the members of the	41327
governing board.	41328

The governing board of each service center may provide	41329
programs, examinations, school records, diplomas, and other	41330
necessary supplies and equipment for the use of the service center	41331
superintendent in furthering the instructional program of the	41332
service center. The governing board of each service center may pay	41333
the expenses of all educational meetings called by such governing	41334
board and may call and pay the expenses of conducting a meeting of	41335
the members of the boards of all ~~local~~ school districts ~~within the~~	41336
~~territory of~~that have entered into an agreement under section	41337
3313.843 or 3313.845 of the Revised Code to receive any services	41338
from the service center at least once each year for the purpose of	41339
discussing the matters relating to the schools, for which each	41340
member shall be paid from the general fund of the ~~local~~ school	41341
district, the same compensation as authorized by section 3313.12	41342
of the Revised Code. The governing board of each service center	41343
may allow the superintendent and assistant superintendent of	41344
~~schools~~ a sum to be determined by the board for traveling expenses	41345
and may employ stenographers and clerks for such superintendent.	41346

Sec. 3315.07. (A) The board of education of each ~~city and~~	41347
~~exempted village~~ school district may provide an instructional	41348
program for the employees of the district. The board may provide	41349
the necessary bulletins and instructional material in connection	41350
with the program and pay the cost of meetings held for the purpose	41351
of carrying out the program.	41352

(B) The board of any district or educational service center	41353
may provide bulletins or other materials necessary for the	41354
effective administration of the schools of ~~such~~the district or	41355
programs of the educational service center and may compile, make	41356
available, or publish any of the following materials not	41357
inconsistent with division (C) of this section: student handbooks,	41358
dress codes, curriculum guides, school policy bulletins,	41359
newsletters, board meeting summaries or minutes, financial	41360
reports, annual reports, and other reports concerning the	41361
operation of the schools of the district or programs of the	41362
service center. Such materials shall be published for the purpose	41363
of furthering public awareness of all aspects of the board's	41364
educational program and operation including:	41365

(1) Board policies and actions, procedures, administration	41366
and finance, and state and federal requirements;	41367

(2) The board's programs, activities, and plans;

41368

(3) Student achievements and information concerning	41369
employees;	41370

(4) Any other information the board considers helpful in	41371
keeping students, parents, employees, and residents aware of the	41372
operation of the school district. The board may assign to	41373
employees the duty of producing the information authorized by this	41374
division as a part or all of their jobs.	41375

(C)(1) Except as otherwise provided in division (C)(2) of	41376
this section, no board of education shall use public funds to	41377
support or oppose the passage of a school levy or bond issue or to	41378
compensate any school district employee for time spent on any	41379
activity intended to influence the outcome of a school levy or	41380
bond issue election.	41381

(2) A board of education may permit any of its employees to	41382
attend a public meeting during ~~his~~the employee's regular working	41383
hours for the purpose of presenting information about school	41384
finances and activities and board actions, even if the purpose of	41385
the meeting is to discuss or debate the passage of a school levy	41386
or bond issue.	41387

(D) ~~Boards~~The board of education of ~~local~~a school ~~districts~~	41388
~~and, subject to approval by the educational service center~~	41389
~~governing board, boards of city and exempted village school~~	41390
~~districts located in whole or in part in the territory of~~district	41391
that has entered into an agreement under section 3313.843 or	41392
3313.845 of the Revised Code to receive any services from an	41393
educational service center may authorize ~~educational~~the service	41394
center ~~governing boards~~ to purchase or to accept upon donation	41395
supplies and equipment for such school ~~districts~~district and to	41396
pay the transportation, handling, and storage charges involved in	41397
securing such supplies and equipment. Upon such authorization, the	41398
governing board may make such purchases or accept such donations	41399
and pay from the service center fund the cost of such supplies and	41400
equipment and the transportation, handling, and storage charges	41401
involved. ~~Boards~~The district board shall reimburse in full the	41402
service center governing board for all such expenditures on ~~their~~	41403
its behalf.	41404

Sec. 3315.18. (A) The board of education of each city,	41405
exempted village, local, and joint vocational school district	41406
shall establish a capital and maintenance fund. Each board	41407
annually shall deposit into that fund an amount derived from	41408
revenues received by the district that would otherwise have been	41409
deposited in the general fund that is equal to three per cent of	41410
the ~~formula amount~~opportunity grant for the preceding fiscal	41411
year, as ~~defined in~~calculated under division (A)(1) of section	41412
~~3317.02~~3317.022 of the Revised Code, or another percentage if	41413
established by the auditor of state under division (B) of this	41414
section~~, multiplied by the district's student population for the~~	41415
~~preceding fiscal year~~, except that money received from a permanent	41416
improvement levy authorized by section 5705.21 of the Revised Code	41417
may replace general revenue moneys in meeting the requirements of	41418
this section. Money in the fund shall be used solely for	41419
acquisition, replacement, enhancement, maintenance, or repair of	41420
permanent improvements, as that term is defined in section 5705.01	41421
of the Revised Code. Any money in the fund that is not used in any	41422
fiscal year shall carry forward to the next fiscal year.	41423

(B) The state superintendent of public instruction and the	41424
auditor of state jointly shall adopt rules in accordance with	41425
Chapter 119. of the Revised Code defining what constitutes	41426
expenditures permitted by division (A) of this section. The	41427
auditor of state may designate a percentage, other than three per	41428
cent, of the ~~formula amount multiplied by the district's student~~	41429
~~population~~opportunity grant that must be deposited into the fund.	41430

(C) Within its capital and maintenance fund, a school	41431
district board of education may establish a separate account	41432
solely for the purpose of depositing funds transferred from the	41433
district's reserve balance account established under former	41434
division (H) of section 5705.29 of the Revised Code. After April	41435
10, 2001, a board may deposit all or part of the funds formerly	41436
included in such reserve balance account in the separate account	41437
established under this section. Funds deposited in this separate	41438
account and interest on such funds shall be utilized solely for	41439
the purpose of providing the district's portion of the basic	41440
project costs of any project undertaken in accordance with Chapter	41441
3318. of the Revised Code.	41442

(D)(1) Notwithstanding division (A) of this section, in any	41443
year a district is in fiscal emergency status as declared pursuant	41444
to section 3316.03 of the Revised Code, the district may deposit	41445
an amount less than required by division (A) of this section, or	41446
make no deposit, into the district capital and maintenance fund	41447
for that year.	41448

(2) Notwithstanding division (A) of this section, in any	41449
fiscal year that a school district is either in fiscal watch	41450
status, as declared pursuant to section 3316.03 of the Revised	41451
Code, or in fiscal caution status, as declared pursuant to section	41452
3316.031 of the Revised Code, the district may apply to the	41453
superintendent of public instruction for a waiver from the	41454
requirements of division (A) of this section, under which the	41455
district may be permitted to deposit an amount less than required	41456
by that division or permitted to make no deposit into the district	41457
capital and maintenance fund for that year. The superintendent may	41458
grant a waiver under division (D)(2) of this section if the	41459
district demonstrates to the satisfaction of the superintendent	41460
that compliance with division (A) of this section that year will	41461
create an undue financial hardship on the district.	41462

(3) Notwithstanding division (A) of this section, not more	41463
often than one fiscal year in every three consecutive fiscal	41464
years, any school district that does not satisfy the conditions	41465
for the exemption described in division (D)(1) of this section or	41466
the conditions to apply for the waiver described in division	41467
(D)(2) of this section may apply to the superintendent of public	41468
instruction for a waiver from the requirements of division (A) of	41469
this section, under which the district may be permitted to deposit	41470
an amount less than required by that division or permitted to make	41471
no deposit into the district capital and maintenance fund for that	41472
year. The superintendent may grant a waiver under division (D)(3)	41473
of this section if the district demonstrates to the satisfaction	41474
of the superintendent that compliance with division (A) of this	41475
section that year will necessitate the reduction or elimination of	41476
a program currently offered by the district that is critical to	41477
the academic success of students of the district and that no	41478
reasonable alternatives exist for spending reductions in other	41479
areas of operation within the district that negate the necessity	41480
of the reduction or elimination of that program.	41481

(E) Notwithstanding any provision to the contrary in Chapter	41482
4117. of the Revised Code, the requirements of this section	41483
prevail over any conflicting provisions of agreements between	41484
employee organizations and public employers entered into after	41485
November 21, 1997.	41486

(F) As used in this section, "student population" means the	41487
average, daily, full-time equivalent number of students in	41488
kindergarten through twelfth grade receiving any educational	41489
services from the school district during the first full school	41490
week in October, excluding students enrolled in adult education	41491
classes, but including all of the following:	41492

(1) Adjacent or other district students enrolled in the	41493
district under an open enrollment policy pursuant to section	41494
3313.98 of the Revised Code;	41495

(2) Students receiving services in the district pursuant to a	41496
compact, cooperative education agreement, or a contract, but who	41497
are entitled to attend school in another district pursuant to	41498
section 3313.64 or 3313.65 of the Revised Code;	41499

(3) Students for whom tuition is payable pursuant to sections	41500
3317.081 and 3323.141 of the Revised Code.	41501

The department of education shall determine a district's	41502
student population using data reported to it under section 3317.03	41503
of the Revised Code for the applicable fiscal year.	41504

Sec. 3315.33. There is hereby established a fund to be known	41505
as the Ohio scholarship fund for teacher trainees for the public	41506
purpose of relieving the existing teacher shortage in public	41507
schools, to be administered and expended as prescribed in sections	41508
3315.33 to 3315.35 of the Revised Code. Appropriations by the	41509
general assembly for the purpose of scholarships for teacher	41510
trainees shall be paid into this fund.	41511

Each scholarship for a teacher trainee shall have a maximum	41512
value of five hundred dollars annually and shall be awarded as	41513
follows:	41514

(A) The state board of education shall prescribe standards	41515
and requirements which shall be met by persons who are eligible	41516
for such scholarships. Scholarships shall be allocated among the	41517
counties of the state on an equitable basis by the state board of	41518
education, provided that not less than three such scholarships	41519
shall be available annually to residents of each county of the	41520
state. If, on the first day of September in each year, the state	41521
board of education finds that the number of eligible persons	41522
recommended from any county is less than the number of	41523
scholarships allocated to that county, it may reallocate the	41524
remaining scholarships among the counties in which the number of	41525
eligible persons exceeds the number of scholarships allocated.	41526
Such reallocation as may affect a county in one year shall not	41527
prejudice in any way the allocation to it in succeeding years.	41528

(B) In accordance with the requirements of sections 3315.33,	41529
3315.34, and 3315.35 of the Revised Code, the educational service	41530
center superintendent in each educational service center as	41531
committee chairperson shall appoint a committee consisting of one	41532
~~city or exempted village~~ high school principal, one elementary	41533
school principal, and one ~~city or exempted village~~ classroom	41534
teacher. This committee shall select and recommend, on the basis	41535
of merit, a number of high school graduates, not to exceed the	41536
number allocated to each county by the state board of education,	41537
who are interested in teaching and whose work and qualifications	41538
are such as to indicate that they possess the qualities which	41539
should be possessed by a successful teacher. Such persons shall	41540
not have previously been enrolled in any college of education or	41541
have majored in education in any college or university. Such other	41542
college training shall be considered in determining such person's	41543
qualifications to become a successful teacher.	41544

(C) The scholarship fund for teacher trainees shall be	41545
disbursed to scholarship holders upon their application as	41546
approved by the state board of education upon vouchers for that	41547
purpose. Such scholarships shall be paid in equal installments at	41548
the beginning of each quarter or semester while college is in	41549
session to each person who has been awarded such a scholarship	41550
when the following requirements are met:	41551

(1) Such person shall be a bona fide student in the college	41552
of education or department of teacher training in an Ohio	41553
institution of higher learning.	41554

(2) Such person shall pursue a course of study in elementary	41555
education in said college of education or department of teacher	41556
training approved by the state board of education.	41557

Sec. 3315.40. The board of education of a city, local,	41558
exempted village, or joint vocational school district or the	41559
governing board of any educational service center may establish an	41560
education foundation fund. Moneys in the fund shall consist of	41561
proceeds paid into the fund under division (B) of section 3313.36	41562
of the Revised Code. In addition, by resolution adopted by a	41563
majority of its members, a city, local, exempted village, or joint	41564
vocational board may annually direct the school district treasurer	41565
to pay into the education foundation fund an amount from the	41566
school district general fund not to exceed one-half of one per	41567
cent of the total appropriations of the school district as	41568
estimated by the board at the time the resolution is adopted or as	41569
set forth in the annual appropriation measure as most recently	41570
amended or supplemented; and any governing board, by resolution	41571
adopted by a majority of its members, may annually direct the	41572
service center treasurer to pay into the education foundation fund	41573
an amount not to exceed one-half of one per cent of the funds	41574
received by the governing board pursuant to an agreement entered	41575
into under section ~~3317.11~~3313.843 or 3313.845 of the Revised	41576
Code.	41577

Income from the investment of moneys in the fund shall be	41578
paid into the fund. A board, by resolution adopted by a majority	41579
of its members, may accept a trust created under section 3315.41	41580
of the Revised Code for the investment of money in the educational	41581
foundation fund and direct the school district or service center	41582
treasurer to pay to the trustee, the initial trust principal	41583
contemplated by the instrument creating the trust. A board that	41584
has accepted a trust created under section 3315.41 of the Revised	41585
Code may do any of the following by resolution adopted by a	41586
majority of its members: direct the school district or service	41587
center treasurer to pay additional amounts to the trust principal,	41588
amend the trust, revoke the trust, or provide for payment of	41589
compensation to the trustee.	41590

Moneys in the fund shall be expended only by resolution	41591
adopted by a majority of the members of the board for operating or	41592
capital costs of any existing or new and innovative program	41593
designed to enhance or promote education within the district or	41594
service center, such as scholarships for students or teachers.	41595

A board of education or governing board may appoint a	41596
committee of administrators to administer the education foundation	41597
fund and to make recommendations for the use of the fund. Members	41598
of the committee shall serve at the discretion of the appointing	41599
board. Members shall receive no compensation, but may be	41600
reimbursed for actual and necessary expenses incurred in the	41601
performance of their official duties.	41602

Sec. 3315.42. Sections 3315.40 and 3315.41 of the Revised	41603
Code do not apply to either of the following:	41604

(A) A school district that has received funds for a project	41605
under Chapter 3318. of the Revised Code, so long as the purchase	41606
price to be paid by the board for the state's interest in the	41607
project has not been paid;	41608

(B) A school district that has an outstanding loan under	41609
section 3313.483 ~~or sections 3317.62 to 3317.64~~ of the Revised	41610
Code.	41611

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	41612
133. or sections 3313.483 to ~~3313.4811~~3313.4810 of the Revised	41613
Code, and subject to the approval of the superintendent of public	41614
instruction, a school district that is in a state of fiscal watch	41615
declared under section 3316.03 of the Revised Code may restructure	41616
or refinance loans obtained or in the process of being obtained	41617
under section 3313.483 of the Revised Code if all of the following	41618
requirements are met:	41619

(1) The operating deficit certified for the school district	41620
for the current or preceding fiscal year under section 3313.483 of	41621
the Revised Code exceeds fifteen per cent of the district's	41622
general revenue fund for the fiscal year preceding the year for	41623
which the certification of the operating deficit is made.	41624

(2) The school district voters have, during the period of the	41625
fiscal watch, approved the levy of a tax under section 718.09,	41626
718.10, 5705.194, 5705.21, 5748.02, or 5748.09 of the Revised Code	41627
that is not a renewal or replacement levy, or a levy under section	41628
5705.199 of the Revised Code, and that will provide new operating	41629
revenue.	41630

(3) The board of education of the school district has adopted	41631
or amended the financial plan required by section 3316.04 of the	41632
Revised Code to reflect the restructured or refinanced loans, and	41633
sets forth the means by which the district will bring projected	41634
operating revenues and expenditures, and projected debt service	41635
obligations, into balance for the life of any such loan.	41636

(B) Subject to the approval of the superintendent of public	41637
instruction, the school district may issue securities to evidence	41638
the restructuring or refinancing authorized by this section. Such	41639
securities may extend the original period for repayment not to	41640
exceed ten years, and may alter the frequency and amount of	41641
repayments, interest or other financing charges, and other terms	41642
or agreements under which the loans were originally contracted,	41643
provided the loans received under sections 3313.483 of the Revised	41644
Code are repaid from funds the district would otherwise receive	41645
under Chapter 3317. of the Revised Code, as required under	41646
division (E)(3) of section 3313.483 of the Revised Code.	41647
Securities issued for the purpose of restructuring or refinancing	41648
under this section shall be repaid in equal payments and at equal	41649
intervals over the term of the debt and are not eligible to be	41650
included in any subsequent proposal to restructure or refinance.	41651

(C) Unless the district is declared to be in a state of	41652
fiscal emergency under division (D) of section 3316.04 of the	41653
Revised Code, a school district shall remain in a state of fiscal	41654
watch for the duration of the repayment period of any loan	41655
restructured or refinanced under this section.	41656

Sec. 3316.06. (A) Within one hundred twenty days after the	41657
first meeting of a school district financial planning and	41658
supervision commission, the commission shall adopt a financial	41659
recovery plan regarding the school district for which the	41660
commission was created. During the formulation of the plan, the	41661
commission shall seek appropriate input from the school district	41662
board and from the community. This plan shall contain the	41663
following:	41664

(1) Actions to be taken to:

41665

(a) Eliminate all fiscal emergency conditions declared to	41666
exist pursuant to division (B) of section 3316.03 of the Revised	41667
Code;	41668

(b) Satisfy any judgments, past-due accounts payable, and all	41669
past-due and payable payroll and fringe benefits;	41670

(c) Eliminate the deficits in all deficit funds, except that	41671
any prior year deficits in the capital and maintenance fund	41672
established pursuant to section 3315.18 of the Revised Code shall	41673
be forgiven;	41674

(d) Restore to special funds any moneys from such funds that	41675
were used for purposes not within the purposes of such funds, or	41676
borrowed from such funds by the purchase of debt obligations of	41677
the school district with the moneys of such funds, or missing from	41678
the special funds and not accounted for, if any;	41679

(e) Balance the budget, avoid future deficits in any funds,	41680
and maintain on a current basis payments of payroll, fringe	41681
benefits, and all accounts;	41682

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

41683

(g) Restore the ability of the school district to market	41684
long-term general obligation bonds under provisions of law	41685
applicable to school districts generally.	41686

(2) The management structure that will enable the school	41687
district to take the actions enumerated in division (A)(1) of this	41688
section. The plan shall specify the level of fiscal and management	41689
control that the commission will exercise within the school	41690
district during the period of fiscal emergency, and shall	41691
enumerate respectively, the powers and duties of the commission	41692
and the powers and duties of the school board during that period.	41693
The commission may elect to assume any of the powers and duties of	41694
the school board it considers necessary, including all powers	41695
related to personnel, curriculum, and legal issues in order to	41696
successfully implement the actions described in division (A)(1) of	41697
this section.	41698

(3) The target dates for the commencement, progress upon, and	41699
completion of the actions enumerated in division (A)(1) of this	41700
section and a reasonable period of time expected to be required to	41701
implement the plan. The commission shall prepare a reasonable time	41702
schedule for progress toward and achievement of the requirements	41703
for the plan, and the plan shall be consistent with that time	41704
schedule.	41705

(4) The amount and purpose of any issue of debt obligations	41706
that will be issued, together with assurances that any such debt	41707
obligations that will be issued will not exceed debt limits	41708
supported by appropriate certifications by the fiscal officer of	41709
the school district and the county auditor. Debt obligations	41710
issued pursuant to section 133.301 of the Revised Code shall	41711
include assurances that such debt shall be in an amount not to	41712
exceed the amount certified under division (B) of such section. If	41713
the commission considers it necessary in order to maintain or	41714
improve educational opportunities of pupils in the school	41715
district, the plan may include a proposal to restructure or	41716
refinance outstanding debt obligations incurred by the board under	41717
section 3313.483 of the Revised Code contingent upon the approval,	41718
during the period of the fiscal emergency, by district voters of a	41719
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	41720
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a	41721
renewal or replacement levy, or a levy under section 5705.199 of	41722
the Revised Code, and that will provide new operating revenue.	41723
Notwithstanding any provision of Chapter 133. or sections 3313.483	41724
to ~~3313.4811~~3313.4810 of the Revised Code, following the required	41725
approval of the district voters and with the approval of the	41726
commission, the school district may issue securities to evidence	41727
the restructuring or refinancing. Those securities may extend the	41728
original period for repayment, not to exceed ten years, and may	41729
alter the frequency and amount of repayments, interest or other	41730
financing charges, and other terms of agreements under which the	41731
debt originally was contracted, at the discretion of the	41732
commission, provided that any loans received pursuant to section	41733
3313.483 of the Revised Code shall be paid from funds the district	41734
would otherwise receive under Chapter 3317. of the Revised Code,	41735
as required under division (E)(3) of section 3313.483 of the	41736
Revised Code. The securities issued for the purpose of	41737
restructuring or refinancing the debt shall be repaid in equal	41738
payments and at equal intervals over the term of the debt and are	41739
not eligible to be included in any subsequent proposal for the	41740
purpose of restructuring or refinancing debt under this section.	41741

(5) An evaluation of the feasibility of entering into shared	41742
services agreements with other political subdivisions for the	41743
joint exercise of any power, performance of any function, or	41744
rendering of any service, if so authorized by statute.	41745

(B) Any financial recovery plan may be amended subsequent to	41746
its adoption. Each financial recovery plan shall be updated	41747
annually.	41748

(C) Each school district financial planning and supervision	41749
commission shall submit the financial recovery plan it adopts or	41750
updates under this section to the state superintendent of public	41751
instruction for approval immediately following its adoption or	41752
updating. The state superintendent shall evaluate the plan and	41753
either approve or disapprove it within thirty calendar days from	41754
the date of its submission. If the plan is disapproved, the state	41755
superintendent shall recommend modifications that will render it	41756
acceptable. No financial planning and supervision commission shall	41757
implement a financial recovery plan that is adopted or updated on	41758
or after April 10, 2001, unless the state superintendent has	41759
approved it.	41760

Sec. 3317.01. As used in this section, "school district,"	41761
unless otherwise specified, means any city, local, exempted	41762
village, joint vocational, or cooperative education school	41763
district and any educational service center.	41764

This chapter shall be administered by the state board of	41765
education. The superintendent of public instruction shall	41766
calculate the amounts payable to each school district and shall	41767
certify the amounts payable to each eligible district to the	41768
treasurer of the district as provided by this chapter. As soon as	41769
possible after such amounts are calculated, the superintendent	41770
shall certify to the treasurer of each school district the	41771
district's adjusted charge-off increase, as defined in section	41772
5705.211 of the Revised Code. Certification of moneys pursuant to	41773
this section shall include the amounts payable to each school	41774
building, at a frequency determined by the superintendent, for	41775
each subgroup of students, as defined in section 3317.40 of the	41776
Revised Code, receiving services, provided for by state funding,	41777
from the district or school. No moneys shall be distributed	41778
pursuant to this chapter without the approval of the controlling	41779
board.	41780

The state board of education shall, in accordance with	41781
appropriations made by the general assembly, meet the financial	41782
obligations of this chapter.	41783

Moneys distributed pursuant to this chapter shall be	41784
calculated and paid on a fiscal year basis, beginning with the	41785
first day of July and extending through the thirtieth day of June.	41786
The moneys appropriated for each fiscal year shall be distributed	41787
periodically to each school district unless otherwise provided	41788
for. The state board, in June of each year, shall submit to the	41789
controlling board the state board's year-end distributions	41790
pursuant to this chapter.	41791

Except as otherwise provided, payments under this chapter	41792
shall be made only to those school districts in which:	41793

(A) The school district, except for any educational service	41794
center and any joint vocational or cooperative education school	41795
district, levies for current operating expenses at least twenty	41796
mills. Levies for joint vocational or cooperative education school	41797
districts or county school financing districts, limited to or to	41798
the extent apportioned to current expenses, shall be included in	41799
this qualification requirement. School district income tax levies	41800
under Chapter 5748. of the Revised Code, limited to or to the	41801
extent apportioned to current operating expenses, shall be	41802
included in this qualification requirement to the extent	41803
determined by the tax commissioner under division (D) of section	41804
3317.021 of the Revised Code.	41805

(B) The school year next preceding the fiscal year for which	41806
such payments are authorized meets the requirement of section	41807
3313.48 ~~or 3313.481~~ of the Revised Code, with regard to the	41808
minimum number of ~~days or~~ hours school must be open for	41809
instruction with pupils in attendance, for individualized	41810
parent-teacher conference and reporting periods, and for	41811
professional meetings of teachers. ~~This requirement shall be~~	41812
~~waived by the superintendent of public instruction if it had been~~	41813
~~necessary for a school to be closed because of disease epidemic,~~	41814
~~hazardous weather conditions, law enforcement emergencies,~~	41815
~~inoperability of school buses or other equipment necessary to the~~	41816
~~school's operation, damage to a school building, or other~~	41817
~~temporary circumstances due to utility failure rendering the~~	41818
~~school building unfit for school use, provided that for those~~	41819
~~school districts operating pursuant to section 3313.48 of the~~	41820
~~Revised Code the number of days the school was actually open for~~	41821
~~instruction with pupils in attendance and for individualized~~	41822
~~parent-teacher conference and reporting periods is not less than~~	41823
~~one hundred seventy-five, or for those school districts operating~~	41824
~~on a trimester plan the number of days the school was actually~~	41825
~~open for instruction with pupils in attendance not less than~~	41826
~~seventy-nine days in any trimester, for those school districts~~	41827
~~operating on a quarterly plan the number of days the school was~~	41828
~~actually open for instruction with pupils in attendance not less~~	41829
~~than fifty-nine days in any quarter, or for those school districts~~	41830
~~operating on a pentamester plan the number of days the school was~~	41831
~~actually open for instruction with pupils in attendance not less~~	41832
~~than forty-four days in any pentamester.~~	41833

A school district shall not be considered to have failed to	41834
comply with this division ~~or section 3313.481 of the Revised Code~~	41835
because schools were open for instruction but either twelfth grade	41836
students were excused from attendance for up to the equivalent of	41837
three school days or only a portion of the kindergarten students	41838
were in attendance for up to the equivalent of three school days	41839
in order to allow for the gradual orientation to school of such	41840
students.	41841

~~The superintendent of public instruction shall waive the~~	41842
~~requirements of this section with reference to the minimum number~~	41843
~~of days or hours school must be in session with pupils in~~	41844
~~attendance for the school year succeeding the school year in which~~	41845
~~a board of education initiates a plan of operation pursuant to~~	41846
~~section 3313.481 of the Revised Code. The minimum requirements of~~	41847
~~this section shall again be applicable to such a district~~	41848
~~beginning with the school year commencing the second July~~	41849
~~succeeding the initiation of one such plan, and for each school~~	41850
~~year thereafter.~~	41851

~~A school district shall not be considered to have failed to~~	41852
~~comply with this division or section 3313.48 or 3313.481 of the~~	41853
~~Revised Code because schools were open for instruction but the~~	41854
~~length of the regularly scheduled school day, for any number of~~	41855
~~days during the school year, was reduced by not more than two~~	41856
~~hours due to hazardous weather conditions.~~	41857

A board of education or governing board of an educational	41858
service center which has not conformed with other law and the	41859
rules pursuant thereto, shall not participate in the distribution	41860
of funds authorized by this chapter, except for good and	41861
sufficient reason established to the satisfaction of the state	41862
board of education and the state controlling board.	41863

All funds allocated to school districts under this chapter,	41864
except those specifically allocated for other purposes, shall be	41865
used to pay current operating expenses only.	41866

Sec. 3317.013. ~~Except for a preschool child with a~~	41867
~~disability for whom a scholarship has been awarded under section~~	41868
~~3310.41 of the Revised Code, this section does not apply to~~	41869
~~preschool children with disabilities.~~	41870

~~Analysis of special education cost data has resulted in a~~	41871
~~finding that the average special education additional cost per~~	41872
~~pupil, including the costs of related services, can be expressed~~	41873
~~as a multiple of the formula amount.~~ The ~~multiples~~amounts for the	41874
following categories of special education programs, as these	41875
programs are defined for purposes of Chapter 3323. of the Revised	41876
Code, ~~and adjusted as provided in this section,~~ are as follows:	41877

(A) ~~A multiple of 0.2906~~An amount of $1,902 for ~~students~~	41878
each student whose primary or only identified disability is a	41879
speech and language disability, as this term is defined pursuant	41880
to Chapter 3323. of the Revised Code;	41881

(B) ~~A multiple of 0.7374~~An amount of $4,827 for ~~students~~	41882
each student identified as specific learning disabled or	41883
developmentally disabled, as these terms are defined pursuant to	41884
Chapter 3323. of the Revised Code, oridentified as having an	41885
other health impairment-minor, or identified as a preschool child	41886
who is developmentally delayed;	41887

(C) ~~A multiple of 1.7716~~An amount of $11,596 for ~~students~~	41888
each student identified as hearing disabled or severe behavior	41889
disabled, as these terms are defined pursuant to Chapter 3323. of	41890
the Revised Code;	41891

(D) ~~A multiple of 2.3643~~An amount of $15,475 for ~~students~~	41892
each student identified as vision impaired, as this term is	41893
defined pursuant to Chapter 3323. of the Revised Code, or as	41894
having an other health impairment-major;	41895

(E) ~~A multiple of 3.2022~~An amount of $20,959 for ~~students~~	41896
each student identified as orthopedically disabled or as having	41897
multiple disabilities, as these terms are defined pursuant to	41898
Chapter 3323. of the Revised Code;	41899

(F) ~~A multiple of 4.7205~~An amount of $30,896 for ~~students~~	41900
each student identified as autistic, having a traumatic brain	41901
~~injuries~~injury, or as both visually and hearing impaired, as	41902
these terms are defined pursuant to Chapter 3323. of the Revised	41903
Code.	41904

~~In fiscal years 2008, 2009, 2010, 2011, 2012, and 2013, the~~	41905
~~multiples specified in divisions (A) to (F) of this section shall~~	41906
~~be adjusted by multiplying them by 0.90.~~	41907

Sec. 3317.014. The career-technical education additional	41908
amount per pupil for each student enrolled in career-technical	41909
education programs approved by the department of education in	41910
accordance with rules adopted under section 3313.90 of the Revised	41911
Code shall be as follows:	41912

(A) An amount of $2,900 for each student enrolled in	41913
career-technical education workforce development programs in	41914
environmental and agricultural systems, construction technologies,	41915
engineering and science technologies, finance, health science,	41916
information technology, and manufacturing technologies;	41917

(B) An amount of $2,600 for each student enrolled in	41918
workforce development programs in business and administration,	41919
hospitality and tourism, human services, law and public safety,	41920
and transportation systems;	41921

(C) An amount of $1,650 for students enrolled in workforce	41922
development career-based intervention programs;	41923

(D) An amount of $1,200 for students enrolled in workforce	41924
development programs in arts and communications, education and	41925
training, marketing, workforce development academics, and career	41926
development;	41927

(E) An amount of $900 for students enrolled in family and	41928
consumer science programs.	41929

Sec. 3317.016. The amounts for limited English proficiency	41930
students shall be as follows:	41931

(A) An amount of $1,500 for each student who has been	41932
enrolled in schools in the United States for 180 school days or	41933
less and was not previously exempted from taking the spring	41934
administration of either of the state's English language arts	41935
assessments prescribed by section 3301.0710 of the Revised Code	41936
(reading or writing).	41937

(B) An amount of $1,125 for each student who has been	41938
enrolled in schools in the United States for more than 180 school	41939
days or was previously exempted from taking the spring	41940
administration of either of the state's English language arts	41941
assessments prescribed by section 3301.0710 of the Revised Code	41942
(reading or writing).	41943

(C) An amount of $750 for each student who does not qualify	41944
for inclusion under division (A) or (B) of this section and is in	41945
a trial-mainstream period, as defined by the department.	41946

(D) An amount of $375 for each student who does not qualify	41947
for inclusion under division (A), (B), or (C) of this section and	41948
for whom the main language spoken at home is not English, as	41949
defined by the department.	41950

Sec. 3317.02. As used in this chapter:

41951

(A)(1) "Category one limited English proficient ADM" means	41952
the average daily membership of limited English proficient	41953
students described in division (A) of section 3317.016 of the	41954
Revised Code and reported under division (B)(16) or (D)(2)(h) of	41955
section 3317.03 of the Revised Code.	41956

(2) "Category two limited English proficient ADM" means the	41957
average daily membership of limited English proficient students	41958
described in division (B) of section 3317.016 of the Revised Code	41959
and reported under division (B)(17) or (D)(2)(i) of section	41960
3317.03 of the Revised Code.	41961

(3) "Category three limited English proficient ADM" means the	41962
average daily membership of limited English proficient students	41963
described in division (C) of section 3317.016 of the Revised Code	41964
and reported under division (B)(18) or (D)(2)(j) of section	41965
3317.03 of the Revised Code.	41966

(4) "Category four limited English proficient ADM" means the	41967
average daily membership of limited English proficient students	41968
described in division (D) of section 3317.016 of the Revised Code	41969
and reported under division (B)(19) or (D)(2)(k) of section	41970
3317.03 of the Revised Code.	41971

(B)(1) "Category one special education ADM" means the average	41972
daily membership of children with disabilities receiving special	41973
education services for the disability specified in division (A) of	41974
section 3317.013 of the Revised Code and reported under division	41975
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	41976

(2) "Category two special education ADM" means the average	41977
daily membership of children with disabilities receiving special	41978
education services for those disabilities specified in division	41979
(B) of section 3317.013 of the Revised Code and reported under	41980
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	41981
Code.	41982

(3) "Category three special education ADM" means the average	41983
daily membership of students receiving special education services	41984
for those disabilities specified in division (C) of section	41985
3317.013 of the Revised Code, and reported under division (B)(7)	41986
or (D)(2)(d) of section 3317.03 of the Revised Code.	41987

(4) "Category four special education ADM" means the average	41988
daily membership of students receiving special education services	41989
for those disabilities specified in division (D) of section	41990
3317.013 of the Revised Code and reported under division (B)(8) or	41991
(D)(2)(e) of section 3317.03 of the Revised Code.	41992

(5) "Category five special education ADM" means the average	41993
daily membership of students receiving special education services	41994
for the disabilities specified in division (E) of section 3317.013	41995
of the Revised Code and reported under division (B)(9) or	41996
(D)(2)(f) of section 3317.03 of the Revised Code.	41997

(6) "Category six special education ADM" means the average	41998
daily membership of students receiving special education services	41999
for the disabilities specified in division (F) of section 3317.013	42000
of the Revised Code and reported under division (B)(10) or	42001
(D)(2)(g) of section 3317.03 of the Revised Code.	42002

(C) "County DD board" means a county board of developmental	42003
disabilities.	42004

(D) "Early childhood access count for a school district"	42005
means the quotient obtained by dividing that district's	42006
kindergarten count by the number of publicly funded preschool	42007
providers in the district or, if the number of providers in a	42008
district is equal to zero, the quotient obtained by dividing the	42009
kindergarten count for the county the district is principally	42010
located in by the number of publicly funded preschool providers in	42011
that county.	42012

(E) "Early childhood access index for a school district"	42013
means the quotient obtained by dividing the district's early	42014
childhood access count by the statewide early childhood access	42015
count.	42016

(F) "Economically disadvantaged index for a school district"	42017
means the quotient of that district's percentage of students in	42018
its total ADM who are identified as economically disadvantaged as	42019
defined by the department of education, divided by the statewide	42020
percentage of students identified as economically disadvantaged.	42021

(G)(1) "Formula ADM" means, for a city, local, or exempted	42022
village school district, the average daily membership described in	42023
division (A) of section 3317.03 of the Revised Code, as verified	42024
by the superintendent of public instruction and adjusted if so	42025
ordered under division (K) of that section, and as further	42026
adjusted by counting only twenty per cent of the number of joint	42027
vocational school district students counted under division (A)(3)	42028
of section 3317.03 of the Revised Code.	42029

(2) "Formula ADM" means, for a joint vocational school	42030
district, the final number verified by the superintendent of	42031
public instruction, based on the number reported pursuant to	42032
division (D) of section 3317.03 of the Revised Code, as adjusted,	42033
if so ordered, under division (K) of that section.	42034

(H) "FTE basis" means a count of students based on full-time	42035
equivalency, in accordance with rules adopted by the department of	42036
education pursuant to section 3317.03 of the Revised Code. In	42037
adopting its rules under this division, the department shall	42038
provide for counting any student in category one, two, three,	42039
four, five, or six special education ADM or in category one, two,	42040
three, four, or five career technical education ADM in the same	42041
proportion the student is counted in formula ADM.	42042

(I) "Internet- or computer-based community school" has the	42043
same meaning as in section 3314.02 of the Revised Code.	42044

(J) "Medically fragile child" means a child to whom all of	42045
the following apply:	42046

(1) The child requires the services of a doctor of medicine	42047
or osteopathic medicine at least once a week due to the	42048
instability of the child's medical condition.	42049

(2) The child requires the services of a registered nurse on	42050
a daily basis.	42051

(3) The child is at risk of institutionalization in a	42052
hospital, skilled nursing facility, or intermediate care facility	42053
for individuals with intellectual disabilities.	42054

(K)(1) A child may be identified as having an "other health	42055
impairment-major" if the child's condition meets the definition of	42056
"other health impaired" established in rules previously adopted by	42057
the state board of education and if either of the following apply:	42058

(a) The child is identified as having a medical condition	42059
that is among those listed by the superintendent of public	42060
instruction as conditions where a substantial majority of cases	42061
fall within the definition of "medically fragile child."	42062

(b) The child is determined by the superintendent of public	42063
instruction to be a medically fragile child. A school district	42064
superintendent may petition the superintendent of public	42065
instruction for a determination that a child is a medically	42066
fragile child.	42067

(2) A child may be identified as having an "other health	42068
impairment-minor" if the child's condition meets the definition of	42069
"other health impaired" established in rules previously adopted by	42070
the state board of education but the child's condition does not	42071
meet either of the conditions specified in division (K)(1)(a) or	42072
(b) of this section.	42073

(L) "Preschool child with a disability" means a child with a	42074
disability, as defined in section 3323.01 of the Revised Code, who	42075
is at least age three but is not of compulsory school age, as	42076
defined in section 3321.01 of the Revised Code, and who is not	42077
currently enrolled in kindergarten.	42078

(M) "Preschool scholarship ADM" means the number of preschool	42079
children with disabilities reported under division (B)(3)(h) of	42080
section 3317.03 of the Revised Code.	42081

(N) "Related services" includes:

42082

(1) Child study, special education supervisors and	42083
coordinators, speech and hearing services, adaptive physical	42084
development services, occupational or physical therapy, teacher	42085
assistants for children with disabilities whose disabilities are	42086
described in division (B) of section 3317.013 or division (B)(3)	42087
of this section, behavioral intervention, interpreter services,	42088
work study, nursing services, and specialized integrative services	42089
as those terms are defined by the department;	42090

(2) Speech and language services provided to any student with	42091
a disability, including any student whose primary or only	42092
disability is a speech and language disability;	42093

(3) Any related service not specifically covered by other	42094
state funds but specified in federal law, including but not	42095
limited to, audiology and school psychological services;	42096

(4) Any service included in units funded under former	42097
division (O)(1) of section 3317.024 of the Revised Code;	42098

(5) Any other related service needed by children with	42099
disabilities in accordance with their individualized education	42100
programs.	42101

(O) "School district," unless otherwise specified, means	42102
city, local, and exempted village school districts.	42103

(P) "State education aid" has the same meaning as in section	42104
5751.20 of the Revised Code.	42105

(Q) "State share index" means the product of all of the	42106
following:	42107

(1) A school district's valuation index;

42108

(2) The difference between the maximum and minimum of the	42109
valuation indexes for all school districts with a total ADM	42110
greater than zero divided by 0.9;	42111

(3) 0.1.

42112

If a school district's state share index is less than 0.05, it	42113
shall be considered to be 0.05. If a school district's state share	42114
index is greater than 0.95, it shall be considered to be 0.95.	42115

(R) "Taxes charged and payable" means the taxes charged and	42116
payable against real and public utility property after making the	42117
reduction required by section 319.301 of the Revised Code, plus	42118
the taxes levied against tangible personal property.	42119

(S) "Total ADM" means, for a city, local, or exempted village	42120
school district, the average daily membership described in	42121
division (A) of section 3317.03 of the Revised Code, as verified	42122
by the superintendent of public instruction and adjusted if so	42123
ordered under division (K) of that section.	42124

(T) "Total special education ADM" means the sum of categories	42125
one through six special education ADM.	42126

(U) "Total taxable value" means the sum of the amounts	42127
certified for a city, local, exempted village, or joint vocational	42128
school district under divisions (A)(1) and (2) of section 3317.021	42129
of the Revised Code.	42130

(V) "Valuation index" means the quotient obtained by dividing	42131
the quotient of the statewide three-year average valuation for	42132
school districts with a total ADM greater than zero and the	42133
current year statewide total ADM by the quotient of a school	42134
district's three-year average valuation and its current year total	42135
ADM.	42136

Sec. 3317.021. (A) On or before the first day of June of	42137
each year, the tax commissioner shall certify to the department of	42138
education and the office of budget and management the information	42139
described in divisions (A)(1) to (7) of this section for each	42140
city, exempted village, and local school district, and the	42141
information required by divisions (A)(1) and (2) of this section	42142
for each joint vocational school district, and it shall be used,	42143
along with the information certified under division (B) of this	42144
section, in making the computations for the district under this	42145
chapter.	42146

(1) The taxable value of real and public utility real	42147
property in the school district subject to taxation in the	42148
preceding tax year, by class and by county of location.	42149

(2) The taxable value of tangible personal property,	42150
including public utility personal property, subject to taxation by	42151
the district for the preceding tax year.	42152

(3)(a) The total property tax rate and total taxes charged	42153
and payable for the current expenses for the preceding tax year	42154
and the total property tax rate and the total taxes charged and	42155
payable to a joint vocational district for the preceding tax year	42156
that are limited to or to the extent apportioned to current	42157
expenses.	42158

(b) The portion of the amount of taxes charged and payable	42159
reported for each city, local, and exempted village school	42160
district under division (A)(3)(a) of this section attributable to	42161
a joint vocational school district.	42162

(4) The value of all real and public utility real property in	42163
the school district exempted from taxation minus both of the	42164
following:	42165

(a) The value of real and public utility real property in the	42166
district owned by the United States government and used	42167
exclusively for a public purpose;	42168

(b) The value of real and public utility real property in the	42169
district exempted from taxation under Chapter 725. or 1728. or	42170
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	42171
5709.73, or 5709.78 of the Revised Code.	42172

(5) The total federal adjusted gross income of the residents	42173
of the school district, based on tax returns filed by the	42174
residents of the district, for the most recent year for which this	42175
information is available.	42176

~~(6) The sum of the school district compensation value as~~	42177
~~indicated on the list of exempted property for the preceding tax~~	42178
~~year under section 5713.08 of the Revised Code as if such property~~	42179
~~had been assessed for taxation that year and the other~~	42180
~~compensation value for the school district, minus the amounts~~	42181
~~described in divisions (A)(6)(c) to (i) of this section. The~~	42182
~~portion of school district compensation value or other~~	42183
~~compensation value attributable to an incentive district exemption~~	42184
~~may be subtracted only once even if that incentive district~~	42185
~~satisfies more than one of the criteria in divisions (A)(6)(c) to~~	42186
~~(i) of this section.~~	42187

~~(a) "School district compensation value" means the aggregate~~	42188
~~value of real property in the school district exempted from~~	42189
~~taxation pursuant to an ordinance or resolution adopted under~~	42190
~~division (C) of section 5709.40, division (C) of section 5709.73,~~	42191
~~or division (B) of section 5709.78 of the Revised Code to the~~	42192
~~extent that the exempted value results in the charging of payments~~	42193
~~in lieu of taxes required to be paid to the school district under~~	42194
~~division (D)(1) or (2) of section 5709.40, division (D) of section~~	42195
~~5709.73, or division (C) of section 5709.78 of the Revised Code.~~	42196

~~(b) "Other compensation value" means the quotient that~~	42197
~~results from dividing (i) the dollar value of compensation~~	42198
~~received by the school district during the preceding tax year~~	42199
~~pursuant to division (B), (C), or (D) of section 5709.82 of the~~	42200
~~Revised Code and the amounts received pursuant to an agreement as~~	42201
~~specified in division (D)(2) of section 5709.40, division (D) of~~	42202
~~section 5709.73, or division (C) of section 5709.78 of the Revised~~	42203
~~Code to the extent those amounts were not previously reported or~~	42204
~~included in division (A)(6)(a) of this section, and so that any~~	42205
~~such amount is reported only once under division (A)(6)(b) of this~~	42206
~~section, in relation to exemptions from taxation granted pursuant~~	42207
~~to an ordinance or resolution adopted under division (C) of~~	42208
~~section 5709.40, division (C) of section 5709.73, or division (B)~~	42209
~~of section 5709.78 of the Revised Code, by (ii) the real property~~	42210
~~tax rate in effect for the preceding tax year for~~	42211
~~nonresidential/agricultural real property after making the~~	42212
~~reductions required by section 319.301 of the Revised Code.~~	42213

~~(c) The portion of school district compensation value or~~	42214
~~other compensation value that was exempted from taxation pursuant~~	42215
~~to such an ordinance or resolution for the preceding tax year, if~~	42216
~~the ordinance or resolution is adopted prior to January 1, 2006,~~	42217
~~and the legislative authority or board of township trustees or~~	42218
~~county commissioners, prior to January 1, 2006, executes a~~	42219
~~contract or agreement with a developer, whether for-profit or~~	42220
~~not-for-profit, with respect to the development of a project~~	42221
~~undertaken or to be undertaken and identified in the ordinance or~~	42222
~~resolution, and upon which parcels such project is being, or will~~	42223
~~be, undertaken;~~	42224

~~(d) The portion of school district compensation value that~~	42225
~~was exempted from taxation for the preceding tax year and for~~	42226
~~which payments in lieu of taxes for the preceding tax year were~~	42227
~~provided to the school district under division (D)(1) of section~~	42228
~~5709.40 of the Revised Code.~~	42229

~~(e) The portion of school district compensation value that~~	42230
~~was exempted from taxation for the preceding tax year pursuant to~~	42231
~~such an ordinance or resolution, if and to the extent that, on or~~	42232
~~before April 1, 2006, the fiscal officer of the municipal~~	42233
~~corporation that adopted the ordinance, or of the township or~~	42234
~~county that adopted the resolution, certifies and provides~~	42235
~~appropriate supporting documentation to the tax commissioner and~~	42236
~~the director of development that, based on hold-harmless~~	42237
~~provisions in any agreement between the school district and the~~	42238
~~legislative authority of the municipal corporation, board of~~	42239
~~township trustees, or board of county commissioners that was~~	42240
~~entered into on or before June 1, 2005, the ability or obligation~~	42241
~~of the municipal corporation, township, or county to repay bonds,~~	42242
~~notes, or other financial obligations issued or entered into prior~~	42243
~~to January 1, 2006, will be impaired, including obligations to or~~	42244
~~of any other body corporate and politic with whom the legislative~~	42245
~~authority of the municipal corporation or board of township~~	42246
~~trustees or county commissioners has entered into an agreement~~	42247
~~pertaining to the use of service payments derived from the~~	42248
~~improvements exempted;~~	42249

~~(f) The portion of school district compensation value that~~	42250
~~was exempted from taxation for the preceding tax year pursuant to~~	42251
~~such an ordinance or resolution, if the ordinance or resolution is~~	42252
~~adopted prior to January 1, 2006, in a municipal corporation with~~	42253
~~a population that exceeds one hundred thousand, as shown by the~~	42254
~~most recent federal decennial census, that includes a major~~	42255
~~employment center and that is adjacent to historically distressed~~	42256
~~neighborhoods, if the legislative authority of the municipal~~	42257
~~corporation that exempted the property prepares an economic~~	42258
~~analysis that demonstrates that all taxes generated within the~~	42259
~~incentive district accruing to the state by reason of improvements~~	42260
~~constructed within the district during its existence exceed the~~	42261
~~amount the state pays the school district under section 3317.022~~	42262
~~of the Revised Code attributable to such property exemption from~~	42263
~~the school district's recognized valuation. The analysis shall be~~	42264
~~submitted to and approved by the department of development prior~~	42265
~~to January 1, 2006, and the department shall not unreasonably~~	42266
~~withhold approval.~~	42267

~~(g) The portion of school district compensation value that~~	42268
~~was exempted from taxation for the preceding tax year under such~~	42269
~~an ordinance or resolution, if the ordinance or resolution is~~	42270
~~adopted prior to January 1, 2006, and if service payments have~~	42271
~~been pledged to be used for mixed-use riverfront entertainment~~	42272
~~development in any county with a population that exceeds six~~	42273
~~hundred thousand, as shown by the most recent federal decennial~~	42274
~~census;~~	42275

~~(h) The portion of school district compensation value that~~	42276
~~was exempted from taxation for the preceding tax year under such~~	42277
~~an ordinance or resolution, if, prior to January 1, 2006, the~~	42278
~~legislative authority of a municipal corporation, board of~~	42279
~~township trustees, or board of county commissioners has pledged~~	42280
~~service payments for a designated transportation capacity project~~	42281
~~approved by the transportation review advisory council under~~	42282
~~Chapter 5512. of the Revised Code;~~	42283

~~(i) The portion of school district compensation value that~~	42284
~~was exempted from taxation for the preceding tax year under such~~	42285
~~an ordinance or resolution if the legislative authority of a~~	42286
~~municipal corporation, board of township trustees, or board of~~	42287
~~county commissioners have, by January 1, 2006, pledged proceeds~~	42288
~~for designated transportation improvement projects that involve~~	42289
~~federal funds for which the proceeds are used to meet a local~~	42290
~~share match requirement for such funding.~~	42291

~~As used in division (A)(6) of this section, "project" has the~~	42292
~~same meaning as in section 5709.40 of the Revised Code.~~	42293

~~(7) The aggregate value of real property in the school~~	42294
~~district for which an exemption from taxation is granted by an~~	42295
~~ordinance or resolution adopted on or after January 1, 2006, under~~	42296
~~Chapter 725. or 1728., sections 3735.65 to 3735.70, or section~~	42297
~~5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised~~	42298
~~Code, as indicated on the list of exempted property for the~~	42299
~~preceding tax year under section 5713.08 of the Revised Code and~~	42300
~~as if such property had been assessed for taxation that year,~~	42301
~~minus the product determined by multiplying (a) the aggregate~~	42302
~~value of the real property in the school district exempted from~~	42303
~~taxation for the preceding tax year under any of the chapters or~~	42304
~~sections specified in this division, by (b) a fraction, the~~	42305
~~numerator of which is the difference between (i) the amount of~~	42306
~~anticipated revenue such school district would have received for~~	42307
~~the preceding tax year if the real property exempted from taxation~~	42308
~~had not been exempted from taxation and (ii) the aggregate amount~~	42309
~~of payments in lieu of taxes on the exempt real property for the~~	42310
~~preceding tax year and other compensation received for the~~	42311
~~preceding tax year by the school district pursuant to any~~	42312
~~agreements entered into on or after January 1, 2006, under section~~	42313
~~5709.82 of the Revised Code between the school district and the~~	42314
~~legislative authority of a political subdivision that acted under~~	42315
~~the authority of a chapter or statute specified in this division,~~	42316
~~that were entered into in relation to such exemption, and the~~	42317
~~denominator of which is the amount of anticipated revenue such~~	42318
~~school district would have received in the preceding fiscal year~~	42319
~~if the real property exempted from taxation had not been exempted.~~	42320

(B) On or before the first day of May each year, the tax	42321
commissioner shall certify to the department of education and the	42322
office of budget and management the total taxable real property	42323
value of railroads and, separately, the total taxable tangible	42324
personal property value of all public utilities for the preceding	42325
tax year, by school district and by county of location.	42326

(C) If a public utility has properly and timely filed a	42327
petition for reassessment under section 5727.47 of the Revised	42328
Code with respect to an assessment issued under section 5727.23 of	42329
the Revised Code affecting taxable property apportioned by the tax	42330
commissioner to a school district, the taxable value of public	42331
utility tangible personal property included in the certification	42332
under divisions (A)(2) and (B) of this section for the school	42333
district shall include only the amount of taxable value on the	42334
basis of which the public utility paid tax for the preceding year	42335
as provided in division (B)(1) or (2) of section 5727.47 of the	42336
Revised Code.	42337

(D) If on the basis of the information certified under	42338
division (A) of this section, the department determines that any	42339
district fails in any year to meet the qualification requirement	42340
specified in division (A) of section 3317.01 of the Revised Code,	42341
the department shall immediately request the tax commissioner to	42342
determine the extent to which any school district income tax	42343
levied by the district under Chapter 5748. of the Revised Code	42344
shall be included in meeting that requirement. Within five days of	42345
receiving such a request from the department, the tax commissioner	42346
shall make the determination required by this division and report	42347
the quotient obtained under division (D)(3) of this section to the	42348
department and the office of budget and management. This quotient	42349
represents the number of mills that the department shall include	42350
in determining whether the district meets the qualification	42351
requirement of division (A) of section 3317.01 of the Revised	42352
Code.	42353

The tax commissioner shall make the determination required by	42354
this division as follows:	42355

(1) Multiply one mill times the total taxable value of the	42356
district as determined in divisions (A)(1) and (2) of this	42357
section;	42358

(2) Estimate the total amount of tax liability for the	42359
current tax year under taxes levied by Chapter 5748. of the	42360
Revised Code that are apportioned to current operating expenses of	42361
the district, excluding any income tax receipts allocated for the	42362
project cost, debt service, or maintenance set-aside associated	42363
with a state-assisted classroom facilities project as authorized	42364
by section 3318.052 of the Revised Code;	42365

(3) Divide the amount estimated under division (D)(2) of this	42366
section by the product obtained under division (D)(1) of this	42367
section.	42368

~~(E)(1) On or before June 1, 2006, and the first day of April~~	42369
~~of each year thereafter, the director of development shall report~~	42370
~~to the department of education, the tax commissioner, and the~~	42371
~~director of budget and management the total amounts of payments~~	42372
~~received by each city, local, exempted village, or joint~~	42373
~~vocational school district for the preceding tax year pursuant to~~	42374
~~division (D) of section 5709.40, division (D) of section 5709.73,~~	42375
~~division (C) of section 5709.78, or division (B)(1), (B)(2), (C),~~	42376
~~or (D) of section 5709.82 of the Revised Code in relation to~~	42377
~~exemptions from taxation granted pursuant to an ordinance adopted~~	42378
~~by the legislative authority of a municipal corporation under~~	42379
~~division (C) of section 5709.40 of the Revised Code, or a~~	42380
~~resolution adopted by a board of township trustees or board of~~	42381
~~county commissioners under division (C) of section 5709.73 or~~	42382
~~division (B) of section 5709.78 of the Revised Code, respectively.~~	42383
~~On or before April 1, 2006, and the first day of March of each~~	42384
~~year thereafter, the treasurer of each city, local, exempted~~	42385
~~village, or joint vocational school district that has entered into~~	42386
~~such an agreement shall report to the director of development the~~	42387
~~total amounts of such payments the district received for the~~	42388
~~preceding tax year as provided in this section. The state board of~~	42389
~~education, in accordance with sections 3319.31 and 3319.311 of the~~	42390
~~Revised Code, may suspend or revoke the license of a treasurer~~	42391
~~found to have willfully reported erroneous, inaccurate, or~~	42392
~~incomplete data under this division.~~	42393

~~(2) On or before April 1, 2007, and the first day of April of~~	42394
~~each year thereafter, the director of development shall report to~~	42395
~~the department of education, the tax commissioner, and the~~	42396
~~director of budget and management the total amounts of payments~~	42397
~~received by each city, local, exempted village, or joint~~	42398
~~vocational school district for the preceding tax year pursuant to~~	42399
~~divisions (B), (C), and (D) of section 5709.82 of the Revised Code~~	42400
~~in relation to exemptions from taxation granted pursuant to~~	42401
~~ordinances or resolutions adopted on or after January 1, 2006,~~	42402
~~under Chapter 725. or 1728., sections 3735.65 to 3735.70, or~~	42403
~~section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the~~	42404
~~Revised Code. On or before March 1, 2007, and the first day of~~	42405
~~March of each year thereafter, the treasurer of each city, local,~~	42406
~~exempted village, or joint vocational school district that has~~	42407
~~entered into such an agreement shall report to the director of~~	42408
~~development the total amounts of such payments the district~~	42409
~~received for the preceding tax year as provided by this section.~~	42410
~~The state board of education, in accordance with sections 3319.31~~	42411
~~and 3319.311 of the Revised Code, may suspend or revoke the~~	42412
~~license of a treasurer found to have willfully reported erroneous,~~	42413
~~inaccurate, or incomplete data under this division.~~	42414

Sec. 3317.022. (A) The department of education shall compute	42415
and distribute state core foundation funding to each eligible	42416
school district for the fiscal year, using the information	42417
obtained under section 3317.021 of the Revised Code in the	42418
calendar year in which the fiscal year begins, as prescribed in	42419
the following divisions:	42420

(1) An opportunity grant calculated under the following	42421
formula:	42422

{$250,000 - [the district's three-year average valuation /	42423
(total ADM + preschool scholarship ADM)]} X 0.02 X (formula ADM +	42424
preschool scholarship ADM).	42425

If the result of a calculation for a school district under	42426
division (A)(1) of this section is less than zero, the district's	42427
opportunity grant shall be zero.	42428

(2) Targeted assistance funds calculated under section	42429
3317.0217 of the Revised Code.	42430

(3) Additional state aid for special education and related	42431
services provided under Chapter 3323. of the Revised Code	42432
calculated as the sum of the following:	42433

(a) The district's category one special education ADM X the	42434
amount specified in division (A) of section 3317.013 of the	42435
Revised Code X the district's state share index;	42436

(b) The district's category two special education ADM X the	42437
amount specified in division (B) of section 3317.013 of the	42438
Revised Code X the district's state share index;	42439

(c) The district's category three special education ADM X the	42440
amount specified in division (C) of section 3317.013 of the	42441
Revised Code X the district's state share index;	42442

(d) The district's category four special education ADM X the	42443
amount specified in division (D) of section 3317.013 of the	42444
Revised Code X the district's state share index;	42445

(e) The district's category five special education ADM X the	42446
amount specified in division (E) of section 3317.013 of the	42447
Revised Code X the district's state share index;	42448

(f) The district's category six special education ADM X the	42449
amount specified in division (F) of section 3317.013 of the	42450
Revised Code X the district's state share index.	42451

(4) Early childhood access funds for each district with an	42452
economically disadvantaged index greater than 1.0 and an early	42453
childhood access index greater than 0.50, calculated under the	42454
following formula:	42455

2 X the full-time equivalent number of kindergarten students	42456
as reported under section 3317.03 of the Revised Code X $600 X the	42457
district's early childhood access index.	42458

(5) Economically disadvantaged funds calculated under the	42459
following formula:	42460

The number of students who are economically disadvantaged as	42461
reported under division (B)(22) of section 3317.03 of the Revised	42462
Code X $500 X the district's economically disadvantaged index.	42463

(6) Limited English proficiency funds calculated as the sum	42464
of the following:	42465

(a) The district's category one limited English proficiency	42466
ADM X the amount specified in division (A) of section 3317.016 of	42467
the Revised Code X the district's state share index;	42468

(b) The district's category two limited English proficiency	42469
ADM X the amount specified in division (B) of section 3317.016 of	42470
the Revised Code X the district's state share index;	42471

(c) The district's category three limited English proficiency	42472
ADM X the amount specified in division (C) of section 3317.016 of	42473
the Revised Code X the district's state share index;	42474

(d) The district's category four limited English proficiency	42475
ADM X the amount specified in division (D) of section 3317.016 of	42476
the Revised Code X the district's state share index.	42477

(7) Gifted funds calculated under the following formula:

42478

$50 X the district's formula ADM.

42479

(B) In any fiscal year, a school district shall spend for	42480
purposes that the department designates as approved for special	42481
education and related services expenses at least the amount	42482
calculated as follows:	42483

((opportunity grant calculated under division (A)(1)	42484

of this section / the district's formula ADM)	42485

X the total special education ADM) +	42486

the amount paid to the district under division (A)(3) of this	42487
section	42488

The purposes approved by the department for special education	42489
expenses shall include, but shall not be limited to,	42490
identification of children with disabilities, compliance with	42491
state rules governing the education of children with disabilities	42492
and prescribing the continuum of program options for children with	42493
disabilities, provision of speech language pathology services, and	42494
the portion of the school district's overall administrative and	42495
overhead costs that are attributable to the district's special	42496
education student population.	42497

The scholarships deducted from the school district's account	42498
under sections 3310.41 and 3310.55 of the Revised Code shall be	42499
considered to be an approved special education and related	42500
services expense for the purpose of the school district's	42501
compliance with this division.	42502

Sec. 3317.023. (A) The amounts required to be paid to a	42503
district under this chapter shall be adjusted by the amount of the	42504
computations made under divisions (B) to (K) of this section.	42505

As used in this section and in sections 3317.16 to 3317.162	42506
of the Revised Code:	42507

(1) "~~VEPD~~CTPD" means a school district or group of school	42508
districts designated by the department of education as being	42509
responsible for the planning for and provision of ~~vocational~~	42510
career-technical education services to students within the	42511
district or group.	42512

(2) "Lead district" means a school district, including a	42513
joint vocational school district, designated by the department as	42514
a ~~VEPD~~CTPD, or designated to provide primary ~~vocational~~	42515
career-technical education leadership within a ~~VEPD~~CTPD composed	42516
of a group of districts.	42517

(B) If a local ~~school district, or a~~, city, or exempted	42518
village school district to which a governing board of an	42519
educational service center provides services pursuant to an	42520
agreement entered into under section 3313.843 of the Revised Code,	42521
deduct the amount of the payment required for the reimbursement of	42522
the governing board under ~~section 3317.11 of the Revised Code~~the	42523
agreement.	42524

(C)(1) If the district is required to pay to or entitled to	42525
receive tuition from another school district under division (C)(2)	42526
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	42527
or if the superintendent of public instruction is required to	42528
determine the correct amount of tuition and make a deduction or	42529
credit under section 3317.08 of the Revised Code, deduct and	42530
credit such amounts as provided in division (J) of section 3313.64	42531
or section 3317.08 of the Revised Code.	42532

(2) For each child for whom the district is responsible for	42533
tuition or payment under division (A)(1) of section 3317.082 or	42534
section 3323.091 of the Revised Code, deduct the amount of tuition	42535
or payment for which the district is responsible.	42536

(D) If the district has been certified by the superintendent	42537
of public instruction under section 3313.90 of the Revised Code as	42538
not in compliance with the requirements of that section, deduct an	42539
amount equal to ten per cent of the amount computed for the	42540
district under this chapter.	42541

(E) If the district has received a loan from a commercial	42542
lending institution for which payments are made by the	42543
superintendent of public instruction pursuant to division (E)(3)	42544
of section 3313.483 of the Revised Code, deduct an amount equal to	42545
such payments.	42546

(F)(1) If the district is a party to an agreement entered	42547
into under division (D), (E), or (F) of section 3311.06 or	42548
division (B) of section 3311.24 of the Revised Code and is	42549
obligated to make payments to another district under such an	42550
agreement, deduct an amount equal to such payments if the district	42551
school board notifies the department in writing that it wishes to	42552
have such payments deducted.	42553

(2) If the district is entitled to receive payments from	42554
another district that has notified the department to deduct such	42555
payments under division (F)(1) of this section, add the amount of	42556
such payments.	42557

(G) If the district is required to pay an amount of funds to	42558
a cooperative education district pursuant to a provision described	42559
by division (B)(4) of section 3311.52 or division (B)(8) of	42560
section 3311.521 of the Revised Code, deduct such amounts as	42561
provided under that provision and credit those amounts to the	42562
cooperative education district for payment to the district under	42563
division (B)(1) of section 3317.19 of the Revised Code.	42564

(H)(1) If a district is educating a student entitled to	42565
attend school in another district pursuant to a shared education	42566
contract, compact, or cooperative education agreement other than	42567
an agreement entered into pursuant to section 3313.842 of the	42568
Revised Code, credit to that educating district on an FTE basis	42569
both of the following:	42570

(a) ~~An amount equal to the formula amount~~The per-pupil	42571
amount of the opportunity grant calculated under division (A)(1)	42572
of section 3317.022 of the Revised Code for the school district in	42573
which the student is entitled to attend school.	42574

(b) AnAny amount ~~equal to $5,732 times the state share~~	42575
~~percentage times any multiple~~ applicable to the student ~~for fiscal~~	42576
~~year 2009~~ pursuant to section 3317.013 or 3317.014 of the Revised	42577
Code~~, as those sections existed for that fiscal year~~.	42578

(2) Deduct any amount credited pursuant to division (H)(1) of	42579
this section from amounts paid to the school district in which the	42580
student is entitled to attend school pursuant to section 3313.64	42581
or 3313.65 of the Revised Code.	42582

(3) If the district is required by a shared education	42583
contract, compact, or cooperative education agreement to make	42584
payments to an educational service center, deduct the amounts from	42585
payments to the district and add them to the amounts paid to the	42586
service center pursuant to section 3317.11 of the Revised Code.	42587

(I)(1) If a district, including a joint vocational school	42588
district, is a lead district of a ~~VEPD~~CTPD, credit to that	42589
district the following amounts calculated for all the school	42590
districts within that VEPD:	42591

(a) In any fiscal year except fiscal year 2012 or 2013, the	42592
amount computed under division (D)(2) of section 3317.022 of the	42593
Revised Code;	42594

(b) In fiscal years 2012 and 2013, an amount equal to the	42595
following:	42596

state share percentage X .05 X $5,732 X	42597

the sum of categories one	42598

and two vocational education ADM	42599

(2) Deduct from each appropriate district that is not a lead	42600
district, the amount attributable to that district that is	42601
credited to a lead district under division (I)(1) of this section.	42602

Division (I) of this section shall not apply after fiscal	42603
year 2013.	42604

(J) If the department pays a joint vocational school district	42605
under division ~~(G)(4)~~(C)(3) of section 3317.16 of the Revised Code	42606
for excess costs of providing special education and related	42607
services to a student with a disability, as calculated under	42608
division ~~(G)(2)~~(C)(1) of that section, the department shall	42609
deduct the amount of that payment from the city, local, or	42610
exempted village school district that is responsible as specified	42611
in that section for the excess costs.	42612

(K)(1) If the district reports an amount of excess cost for	42613
special education services for a child under division (C) of	42614
section 3323.14 of the Revised Code, the department shall pay that	42615
amount to the district.	42616

(2) If the district reports an amount of excess cost for	42617
special education services for a child under division (C) of	42618
section 3323.14 of the Revised Code, the department shall deduct	42619
that amount from the district of residence of that child.	42620

Sec. 3317.0212. ~~The department of education shall make no~~	42621
~~payments under this section for fiscal year 2012 or 2013.~~	42622

(A) As used in this section:

42623

(1) "Assigned bus" means a school bus used to transport	42624
qualifying riders.	42625

(2) "Nontraditional ridership" means the average number of	42626
qualifying riders who are enrolled in a community school	42627
established under Chapter 3314. of the Revised Code, in a STEM	42628
school established under Chapter 3326. of the Revised Code, or in	42629
a nonpublic school and are provided school bus service by a school	42630
district during the first full week of October.	42631

(3) "Qualifying riders" means resident students enrolled in	42632
regular education in grades kindergarten to twelve who are	42633
provided school bus service by a school district and who live more	42634
than one mile from the school they attend, including students with	42635
dual enrollment in a joint vocational school district or a	42636
cooperative education school district, and students enrolled in a	42637
community school, STEM school, or nonpublic school.	42638

(4) "Qualifying ridership" means the average number of	42639
qualifying riders who are provided school bus service by a school	42640
district during the first full week of October.	42641

(5) "Rider density" means the number of qualifying riders per	42642
square mile of a school district.	42643

(6) "School bus service" means a school district's	42644
transportation of qualifying riders in any of the following types	42645
of vehicles:	42646

(a) School buses owned or leased by the district;

42647

(b) School buses operated by a private contractor hired by	42648
the district;	42649

(c) School buses operated by another school district or	42650
entity with which the district has contracted, either as part of a	42651
consortium for the provision of transportation or otherwise.	42652

(B) Not later than the fifteenth day of October each year,	42653
each city, local, and exempted village school district shall	42654
report to the department of education its qualifying ridership,	42655
nontraditional ridership, number of qualifying riders per assigned	42656
bus, and any other information requested by the department.	42657
Subsequent adjustments to the reported numbers shall be made only	42658
in accordance with rules adopted by the department.	42659

(C) The department shall calculate the statewide	42660
transportation cost per student as follows:	42661

(1) Determine each city, local, and exempted village school	42662
district's transportation cost per student by dividing the	42663
district's total costs for school bus service in the previous	42664
fiscal year by its qualifying ridership in the previous fiscal	42665
year.	42666

(2) After excluding districts that do not provide school bus	42667
service and the ten districts with the highest transportation	42668
costs per student and the ten districts with the lowest	42669
transportation costs per student, divide the aggregate cost for	42670
school bus service for the remaining districts in the previous	42671
fiscal year by the aggregate qualifying ridership of those	42672
districts in the previous fiscal year.	42673

(D) The department shall calculate the statewide	42674
transportation cost per mile as follows:	42675

(1) Determine each city, local, and exempted village school	42676
district's transportation cost per mile by dividing the district's	42677
total costs for school bus service in the previous fiscal year by	42678
its total number of miles driven for school bus service in the	42679
previous fiscal year.	42680

(2) After excluding districts that do not provide school bus	42681
service and the ten districts with the highest transportation	42682
costs per mile and the ten districts with the lowest	42683
transportation costs per mile, divide the aggregate cost for	42684
school bus service for the remaining districts in the previous	42685
fiscal year by the aggregate miles driven for school bus service	42686
in those districts in the previous fiscal year.	42687

(E) The department shall calculate each city, local, and	42688
exempted village school district's transportation base payment as	42689
follows:	42690

(1) Multiply the statewide transportation cost per student by	42691
the district's qualifying ridership for the current fiscal year.	42692

(2) Multiply the statewide transportation cost per mile by	42693
the district's total number of miles driven for school bus service	42694
in the current fiscal year.	42695

(3) Multiply the greater of the amounts calculated under	42696
divisions (E)(1) and (2) of this section by the greater of sixty	42697
per cent or the district's state share ~~percentage~~index, as	42698
defined in section 3317.02 of the Revised Code.	42699

(F) The department shall calculate each city, local, and	42700
exempted village school district's nontraditional ridership	42701
adjustment according to the following formula:	42702

(nontraditional ridership for the current fiscal year /	42703

qualifying ridership for the current fiscal year) X 0.1 X	42704

transportation base payment	42705

(G) If a city, local, or exempted village school district	42706
offers school bus service to all resident students who are	42707
enrolled in regular education in district schools in grades nine	42708
to twelve and who live more than one mile from the school they	42709
attend, the department shall calculate the district's high school	42710
ridership adjustment according to the following formula:	42711

0.025 X transportation base payment	42712

(H) If a city, local, or exempted village school district	42713
offers school bus service to students enrolled in grades	42714
kindergarten to eight who live more than one mile, but two miles	42715
or less, from the school they attend, the department shall	42716
calculate an additional adjustment according to the following	42717
formula:	42718

0.025 X transportation base payment	42719

(I)(1) The department annually shall establish a target	42720
number of qualifying riders per assigned bus for each city, local,	42721
and exempted village school district. The department shall use the	42722
most recently available data in establishing the target number.	42723
The target number shall be based on the statewide median number of	42724
qualifying riders per assigned bus as adjusted to reflect the	42725
district's rider density in comparison to the rider density of all	42726
other districts. The department shall post on the department's web	42727
site each district's target number of qualifying riders per	42728
assigned bus and a description of how the target number was	42729
determined.	42730

(2) The department shall determine each school district's	42731
efficiency index by dividing the district's median number of	42732
qualifying riders per assigned bus by its target number of	42733
qualifying riders per assigned bus.	42734

(3) The department shall determine each city, local, and	42735
exempted village school district's efficiency adjustment as	42736
follows:	42737

(a) If the district's efficiency index is equal to or greater	42738
than 1.5, the efficiency adjustment shall be calculated according	42739
to the following formula:	42740

0.1 X transportation base payment	42741

(b) If the district's efficiency index is less than 1.5 but	42742
equal to or greater than 1.0, the efficiency adjustment shall be	42743
calculated according to the following formula:	42744

[(efficiency index – 1) / 5] X transportation base payment	42745

(c) If the district's efficiency index is less than 1.0, the	42746
efficiency adjustment shall be zero.	42747

(J) The department shall pay each city, local, and exempted	42748
village school district the lesser of the following:	42749

(1) The sum of the amounts calculated under divisions (E) to	42750
(H) and (I)(3) of this section;	42751

(2) The district's total costs for school bus service for the	42752
prior fiscal year.	42753

(K) In addition to funds paid under division (J) of this	42754
section, each city, local, and exempted village district shall	42755
receive in accordance with rules adopted by the state board of	42756
education a payment for students transported by means other than	42757
school bus service and whose transportation is not funded under	42758
division (C) of section 3317.024 of the Revised Code. The rules	42759
shall include provisions for school district reporting of such	42760
students.	42761

Sec. 3317.0213. (A) The department of education shall compute	42762
and pay to each school district in accordance with this section	42763
additional state aid for preschool special education children to	42764
each city, local, and exempted village school district and to each	42765
institution, as defined in section 3323.091 of the Revised Code.	42766
Funding shall be provided for children who are not enrolled in	42767
kindergarten and who are under age six on the thirtieth day of	42768
September of the academic year, or on the first day of August of	42769
the academic year if the school district in which the child is	42770
enrolled has adopted a resolution under division (A)(3) of section	42771
3321.01 of the Revised Code, but not less than age three on the	42772
first day of December of the academic year.	42773

The additional state aid shall be calculated under the	42774
following formula:	42775

($4,000 X the number of preschool special education children)	42776
+ the sum of the following:	42777

(1) The district's or institution's category one special	42778
education preschool students X the amount specified in division	42779
(A) of section 3317.013 of the Revised Code X the district's state	42780
share index X 0.50;	42781

(2) The district's or institution's category two special	42782
education preschool students X the amount specified in division	42783
(B) of section 3317.013 of the Revised Code X the district's state	42784
share index X 0.50;	42785

(3) The district's or institution's category three special	42786
education preschool students X the amount specified in division	42787
(C) of section 3317.013 of the Revised Code X the district's state	42788
share index X 0.50;	42789

(4) The district's or institution's category four special	42790
education preschool students X the amount specified in division	42791
(D) of section 3317.013 of the Revised Code X the district's state	42792
share index X 0.50;	42793

(5) The district's or institution's category five special	42794
education preschool students X the amount specified in division	42795
(E) of section 3317.013 of the Revised Code X the district's state	42796
share index X 0.50;	42797

(6) The district's or institution's category six special	42798
education preschool students X the amount specified in division	42799
(F) of section 3317.013 of the Revised Code X the district's state	42800
share index X 0.50.	42801

The special education disability categories for preschool	42802
children used in this section are the same categories prescribed	42803
in section 3317.013 of the Revised Code.	42804

As used in division (A) of this section, the state share	42805
index of a student enrolled in an institution is the state share	42806
index of the school district in which the student is entitled to	42807
attend school under section 3313.64 or 3313.65 of the Revised	42808
Code.	42809

(B) If an education service center or county DD board is	42810
providing services to preschool special education students under	42811
agreement with the city, local, or exempted village school	42812
district in which the students are entitled to attend school, that	42813
district may authorize the department to transfer funds computed	42814
under this section to the service center or county DD board	42815
providing those services.	42816

Sec. 3317.0214. (A) A city, local, exempted village, or joint	42817
vocational school district, community school established under	42818
Chapter 3314. of the Revised Code, or STEM school established	42819
under Chapter 3326. of the Revised Code may apply for funds from	42820
the special education exceptional cost fund if the district or	42821
school meets all of the following criteria:	42822

(1) The district or school did not carry forward more than 40	42823
per cent of the funds allocated under part B of the "Individuals	42824
with Disabilities Education Act," 20 U.S.C. 1400 et seq., as	42825
amended, and has not lapsed funds awarded under that act for the	42826
year in which reimbursement is being requested .	42827

(2) The district or school does not have an annual special	42828
education determination by the department of education of less	42829
than "needs assistance."	42830

(3) The district or school has complied with all systems of	42831
accountability and reporting required by the department, including	42832
accountability ratings, performance-based monitoring, compliance,	42833
fiscal requirements, and procedural safeguards processes.	42834

(B) For each district or school that requests reimbursement	42835
from the special education exceptional cost fund, the department	42836
shall compute and pay in accordance with this division additional	42837
state aid for students in categories two through six special	42838
education ADM. If a district's or school's costs for the fiscal	42839
year for a student in its categories two through six special	42840
education ADM exceed the threshold exceptional cost for serving	42841
the student, the district or school may submit to the	42842
superintendent of public instruction documentation, as prescribed	42843
by the superintendent, of all its costs for that student.	42844

Upon submission of documentation for a student of the type	42845
and in the manner prescribed, the department shall pay to a school	42846
district an amount equal to the sum of the following:	42847

(1) One-half of the district's costs for the student in	42848
excess of the threshold exceptional cost;	42849

(2) The product of one-half of the district's costs for the	42850
student in excess of the threshold exceptional cost multiplied by	42851
the district's state share index.	42852

(C) For purposes of division (B) of this section, the	42853
threshold exceptional cost for serving a student equals:	42854

(1) For a student in the school district's category two,	42855
three, four, or five special education ADM, $27,375;	42856

(2) For a student in the district's category six special	42857
education ADM, $32,850.	42858

Upon submission of documentation for a student of the type	42859
and in the manner prescribed, the department shall pay to a	42860
community school or STEM school an amount equal to the school's	42861
costs for the student in excess of the threshold exceptional cost.	42862

(D) A district or school shall report under division (B) of	42863
this section, and the department shall pay for, only the costs of	42864
educational expenses and the related services provided to the	42865
student in accordance with the student's individualized education	42866
program. Any legal fees, court costs, or other costs associated	42867
with any cause of action relating to the student shall not be	42868
included in the amount.	42869

Sec. 3317.0215. There is hereby created the special education	42870
exceptional cost fund in the state treasury. The department of	42871
education shall deposit into the fund fifteen per cent of all of	42872
the funds calculated under division (A)(3) of section 3317.022 of	42873
the Revised Code except for the following:	42874

(A) The funds transferred to community schools established	42875
under Chapter 3314. and STEM schools established under Chapter	42876
3326. of the Revised Code;	42877

(B) The funds transferred to the parents of special education	42878
students who are participating in the autism scholarship program	42879
established under section 3310.41 of the Revised Code;	42880

(C) The funds transferred to the parents of special education	42881
students who are participating in the Jon Peterson special needs	42882
scholarship program established under sections 3310.51 to 3310.64	42883
of the Revised Code.	42884

Sec. 3317.0217. Payment of the amount calculated for a school	42885
district under this section shall be made under division (A) of	42886
section 3317.022 of the Revised Code.	42887

The department of education shall annually compute targeted	42888
assistance funds to school districts, as follows:	42889

(A) Calculate the local wealth per pupil of each school	42890
district, which equals the following sum:	42891

(1) One-half times the quotient of (a) the district's	42892
three-year average valuation divided by (b) its formula ADM; plus	42893

(2) One-half times the quotient of (a) the average of the	42894
total federal adjusted gross income of the school district's	42895
residents for the three years most recently reported under section	42896
3317.021 of the Revised Code divided by (b) its formula ADM.	42897

(B) Rank all school districts in order of local wealth per	42898
pupil, from the district with the lowest local wealth per pupil to	42899
the district with the highest local wealth per pupil.	42900

(C) Compute the statewide wealth per pupil, which equals the	42901
following sum:	42902

(1) One-half times the quotient of (a) the sum of the	42903
three-year average valuations for all school districts divided by	42904
(b) the sum of formula ADM counts for all schools districts; plus	42905

(2) One-half times the quotient of (a) the sum of the	42906
three-year average total federal adjusted gross incomes for all	42907
school districts divided by (b) the sum of formula ADM counts for	42908
all school districts.	42909

(D) Compute each district's wealth index by dividing the	42910
statewide wealth per pupil by the district's local wealth per	42911
pupil.	42912

(E) Compute the per pupil targeted assistance for each	42913
eligible school district in accordance with the following formula:	42914

(Threshold local wealth per pupil - the district's local wealth	42915
per pupil)	42916

X target millage X the district's wealth index	42917

Where:

42918

(1) An "eligible school district" means a school district	42919
with a local wealth per pupil less than that of the school	42920
district with the 490th lowest local wealth per pupil.	42921

(2) "Threshold local wealth per pupil" means the local wealth	42922
per pupil of the school district with the 490th lowest local	42923
wealth per pupil.	42924

(3) "Target millage," means 0.006, in fiscal year 2014, and	42925
0.007, in fiscal year 2015.	42926

If the result of the calculation for a school district under	42927
division (D) of this section is less than zero, the district's	42928
targeted assistance shall be zero.	42929

(F) Calculate the aggregate amount to be paid as targeted	42930
assistance funds to each school district under division (A) of	42931
section 3317.022 of the Revised Code by multiplying the per pupil	42932
targeted assistance computed under division (E) of this section by	42933
the district's net formula ADM.	42934

As used in this division, a district's "net formula ADM"	42935
means its formula ADM minus both the number of internet- and	42936
computer-based community school students reported under division	42937
(B)(3)(e) of section 3317.03 of the Revised Code and scholarship	42938
students reported under divisions (B)(3)(f) and (g) of that	42939
section.	42940

Sec. 3317.03. (A) The superintendent of each city, local,	42941
and exempted village school district ~~and of each educational~~	42942
~~service center shall, for the schools under the superintendent's~~	42943
~~supervision,~~ certify to the state board of education on or before	42944
the fifteenth day of October in each year for the first full	42945
school week in October the average daily membership of students	42946
receiving services from schools under the superintendent's	42947
supervision, and the numbers of other students entitled to attend	42948
school in the district under section 3313.64 or 3313.65 of the	42949
Revised Code the superintendent is required to report under this	42950
section, so that the department of education can calculate the	42951
district's formula ADM. If a school under the superintendent's	42952
supervision is closed for one or more days during that week due to	42953
hazardous weather conditions or other circumstances described in	42954
~~the first paragraph of~~ division ~~(B)~~(A)(1) of section ~~3317.01~~	42955
3313.482 of the Revised Code, the superintendent may apply to the	42956
superintendent of public instruction for a waiver, under which the	42957
superintendent of public instruction may exempt the district	42958
superintendent from certifying the average daily membership for	42959
that school for that week and specify an alternate week for	42960
certifying the average daily membership of that school.	42961

The average daily membership during such week shall consist	42962
of the sum of the following:	42963

(1) On an FTE basis, the number of students in grades	42964
kindergarten through twelve receiving any educational services	42965
from the district, except that the following categories of	42966
students shall not be included in the determination:	42967

(a) Students enrolled in adult education classes;

42968

(b) Adjacent or other district students enrolled in the	42969
district under an open enrollment policy pursuant to section	42970
3313.98 of the Revised Code;	42971

(c) Students receiving services in the district pursuant to a	42972
compact, cooperative education agreement, or a contract, but who	42973
are entitled to attend school in another district pursuant to	42974
section 3313.64 or 3313.65 of the Revised Code;	42975

(d) Students for whom tuition is payable pursuant to sections	42976
3317.081 and 3323.141 of the Revised Code;	42977

(e) Students receiving services in the district through a	42978
scholarship awarded under either section 3310.41 or sections	42979
3310.51 to 3310.64 of the Revised Code.	42980

(2) On an FTE basis, the number of students entitled to	42981
attend school in the district pursuant to section 3313.64 or	42982
3313.65 of the Revised Code, but receiving educational services in	42983
grades kindergarten through twelve from one or more of the	42984
following entities:	42985

(a) A community school pursuant to Chapter 3314. of the	42986
Revised Code, including any participation in a college pursuant to	42987
Chapter 3365. of the Revised Code while enrolled in such community	42988
school;	42989

(b) An alternative school pursuant to sections 3313.974 to	42990
3313.979 of the Revised Code as described in division (I)(2)(a) or	42991
(b) of this section;	42992

(c) A college pursuant to Chapter 3365. of the Revised Code,	42993
except when the student is enrolled in the college while also	42994
enrolled in a community school pursuant to Chapter 3314. or; a	42995
science, technology, engineering, and mathematics school	42996
established under Chapter 3326.; or a college-preparatory boarding	42997
school established under Chapter 3328. of the Revised Code;	42998

(d) An adjacent or other school district under an open	42999
enrollment policy adopted pursuant to section 3313.98 of the	43000
Revised Code;	43001

(e) An educational service center or cooperative education	43002
district;	43003

(f) Another school district under a cooperative education	43004
agreement, compact, or contract;	43005

(g) A chartered nonpublic school with a scholarship paid	43006
under section 3310.08 of the Revised Code, if the students	43007
qualified for the scholarship under section 3310.03 of the Revised	43008
Code;	43009

(h) An alternative public provider or a registered private	43010
provider with a scholarship awarded under either section 3310.41	43011
or sections 3310.51 to 3310.64 of the Revised Code.	43012

As used in this section, "alternative public provider" and	43013
"registered private provider" have the same meanings as in section	43014
3310.41 or 3310.51 of the Revised Code, as applicable.	43015

(i) A science, technology, engineering, and mathematics	43016
school established under Chapter 3326. of the Revised Code,	43017
including any participation in a college pursuant to Chapter 3365.	43018
of the Revised Code while enrolled in the school;	43019

(j) A college-preparatory boarding school established under	43020
Chapter 3328. of the Revised Code, including any participation in	43021
a college pursuant to Chapter 3365. of the Revised Code while	43022
enrolled in the school.	43023

(3) The number of students enrolled in a joint vocational	43024
school district or under a ~~vocational~~career-technical education	43025
compact, excluding any students entitled to attend school in the	43026
district under section 3313.64 or 3313.65 of the Revised Code who	43027
are enrolled in another school district through an open enrollment	43028
policy as reported under division (A)(2)(d) of this section and	43029
then enroll in a joint vocational school district or under a	43030
~~vocational~~career-technical education compact;	43031

(4) The number of children with disabilities, other than	43032
preschool children with disabilities, entitled to attend school in	43033
the district pursuant to section 3313.64 or 3313.65 of the Revised	43034
Code who are placed by the district with a county DD board~~, minus~~	43035
~~the number of such children placed with a county DD board in~~	43036
~~fiscal year 1998~~. If this calculation produces a negative number,	43037
the number reported under division (A)(4) of this section shall be	43038
zero.	43039

(B) To enable the department of education to obtain the data	43040
needed to complete the calculation of payments pursuant to this	43041
chapter, in addition to the average daily membership, each	43042
superintendent shall report separately the following student	43043
counts for the same week for which average daily membership is	43044
certified:	43045

(1) The total average daily membership in regular learning	43046
day classes included in the report under division (A)(1) or (2) of	43047
this section for each of the individual grades kindergarten	43048
through twelve in schools under the superintendent's supervision;	43049

(2) The number of all preschool children with disabilities	43050
enrolled as of the first day of December in classes in the	43051
district ~~that are~~for whom the district is eligible ~~for approval~~	43052
to receive funding under ~~division (B) of~~ section ~~3317.05~~3317.0213	43053
of the Revised Code and the number of those classes, which shall	43054
be reported not later than the fifteenth day of December, in	43055
accordance with ~~rules adopted under that~~the disability categories	43056
prescribed in section 3317.013 of the Revised Code;	43057

(3) The number of children entitled to attend school in the	43058
district pursuant to section 3313.64 or 3313.65 of the Revised	43059
Code who are:	43060

(a) Participating in a pilot project scholarship program	43061
established under sections 3313.974 to 3313.979 of the Revised	43062
Code as described in division (I)(2)(a) or (b) of this section;	43063

(b) Enrolled in a college under Chapter 3365. of the Revised	43064
Code, except when the student is enrolled in the college while	43065
also enrolled in a community school pursuant to Chapter 3314. or;	43066
a science, technology, engineering, and mathematics school	43067
established under Chapter 3326. of the Revised Code; or a	43068
college-preparatory boarding school established under Chapter	43069
3328. of the Revised Code;	43070

(c) Enrolled in an adjacent or other school district under	43071
section 3313.98 of the Revised Code;	43072

(d) Enrolled in a community school established under Chapter	43073
3314. of the Revised Code that is not an internet- or	43074
computer-based community school as defined in section 3314.02 of	43075
the Revised Code, including any participation in a college	43076
pursuant to Chapter 3365. of the Revised Code while enrolled in	43077
such community school;	43078

(e) Enrolled in an internet- or computer-based community	43079
school, as defined in section 3314.02 of the Revised Code,	43080
including any participation in a college pursuant to Chapter 3365.	43081
of the Revised Code while enrolled in the school;	43082

(f) Enrolled in a chartered nonpublic school with a	43083
scholarship paid under section 3310.08 of the Revised Code and who	43084
qualified for the scholarship under section 3310.03 of the Revised	43085
Code;	43086

(g) Enrolled in kindergarten through grade twelve in an	43087
alternative public provider or a registered private provider with	43088
a scholarship awarded under section 3310.41 of the Revised Code;	43089

(h) Enrolled as a preschool child with a disability in an	43090
alternative public provider or a registered private provider with	43091
a scholarship awarded under section 3310.41 of the Revised Code;	43092

(i) Participating in a program operated by a county DD board	43093
or a state institution;	43094

(j) Enrolled in a science, technology, engineering, and	43095
mathematics school established under Chapter 3326. of the Revised	43096
Code, including any participation in a college pursuant to Chapter	43097
3365. of the Revised Code while enrolled in the school;	43098

(k) Enrolled in a college-preparatory boarding school	43099
established under Chapter 3328. of the Revised Code, including any	43100
participation in a college pursuant to Chapter 3365. of the	43101
Revised Code.	43102

(4) The number of pupils enrolled in joint vocational	43103
schools;	43104

(5) The combined average daily membership of children with	43105
disabilities reported under division (A)(1) or (2) of this section	43106
receiving special education services for the category one	43107
disability described in division (A) of section 3317.013 of the	43108
Revised Code, including children attending a special education	43109
program operated by an alternative public provider or a registered	43110
private provider with a scholarship awarded under sections 3310.51	43111
to 3310.64 of the Revised Code;	43112

(6) The combined average daily membership of children with	43113
disabilities reported under division (A)(1) or (2) of this section	43114
receiving special education services for category two disabilities	43115
described in division (B) of section 3317.013 of the Revised Code,	43116
including children attending a special education program operated	43117
by an alternative public provider or a registered private provider	43118
with a scholarship awarded under sections 3310.51 to 3310.64 of	43119
the Revised Code;	43120

(7) The combined average daily membership of children with	43121
disabilities reported under division (A)(1) or (2) of this section	43122
receiving special education services for category three	43123
disabilities described in division (C) of section 3317.013 of the	43124
Revised Code, including children attending a special education	43125
program operated by an alternative public provider or a registered	43126
private provider with a scholarship awarded under sections 3310.51	43127
to 3310.64 of the Revised Code;	43128

(8) The combined average daily membership of children with	43129
disabilities reported under division (A)(1) or (2) of this section	43130
receiving special education services for category four	43131
disabilities described in division (D) of section 3317.013 of the	43132
Revised Code, including children attending a special education	43133
program operated by an alternative public provider or a registered	43134
private provider with a scholarship awarded under sections 3310.51	43135
to 3310.64 of the Revised Code;	43136

(9) The combined average daily membership of children with	43137
disabilities reported under division (A)(1) or (2) of this section	43138
receiving special education services for the category five	43139
disabilities described in division (E) of section 3317.013 of the	43140
Revised Code, including children attending a special education	43141
program operated by an alternative public provider or a registered	43142
private provider with a scholarship awarded under sections 3310.51	43143
to 3310.64 of the Revised Code;	43144

(10) The combined average daily membership of children with	43145
disabilities reported under division (A)(1) or (2) and under	43146
division (B)(3)(h) of this section receiving special education	43147
services for category six disabilities described in division (F)	43148
of section 3317.013 of the Revised Code, including children	43149
attending a special education program operated by an alternative	43150
public provider or a registered private provider with a	43151
scholarship awarded under either section 3310.41 or sections	43152
3310.51 to 3310.64 of the Revised Code;	43153

(11) The average daily membership of pupils reported under	43154
division (A)(1) or (2) of this section enrolled in category one	43155
~~vocational~~career-technical education programs or classes,	43156
described in division (A) of section 3317.014 of the Revised Code,	43157
operated by the school district or by another district, ~~other than~~	43158
including a joint vocational school district, or by an educational	43159
service center, excluding any student reported under division	43160
(B)(3)(e) of this section as enrolled in an internet- or	43161
computer-based community school, notwithstanding division ~~(C)~~(J)	43162
of section 3317.02 of the Revised Code and division (C)(3) of this	43163
section;	43164

(12) The average daily membership of pupils reported under	43165
division (A)(1) or (2) of this section enrolled in category two	43166
~~vocational~~career-technical education programs or services,	43167
described in division (B) of section 3317.014 of the Revised Code,	43168
operated by the school district or another school district, ~~other~~	43169
~~than~~including a joint vocational school district, or by an	43170
educational service center, excluding any student reported under	43171
division (B)(3)(e) of this section as enrolled in an internet- or	43172
computer-based community school, notwithstanding division ~~(C)~~(J)	43173
of section 3317.02 of the Revised Code and division (C)(3) of this	43174
section;	43175

~~Beginning with fiscal year 2010, vocational education ADM~~	43176
~~shall not be used to calculate a district's funding but shall be~~	43177
~~reported under divisions (B)(11) and (12) of this section for~~	43178
~~statistical purposes.~~	43179

(13) The average daily membership of pupils reported under	43180
division (A)(1) or (2) of this section enrolled in category three	43181
career-technical education programs or services, described in	43182
division (C) of section 3317.014 of the Revised Code, operated by	43183
the school district or another school district, including a joint	43184
vocational school district, or by an educational service center,	43185
excluding any student reported under division (B)(3)(e) of this	43186
section as enrolled in an internet- or computer-based community	43187
school, notwithstanding division (C) of section 3317.02 of the	43188
Revised Code and division (C)(3) of this section;	43189

(14) The average daily membership of pupils reported under	43190
division (A)(1) or (2) of this section enrolled in category four	43191
career-technical education programs or services, described in	43192
division (D) of section 3317.014 of the Revised Code, operated by	43193
the school district or another school district, including a joint	43194
vocational school district, or by an educational service center,	43195
excluding any student reported under division (B)(3)(e) of this	43196
section as enrolled in an internet- or computer-based community	43197
school, notwithstanding division (C) of section 3317.02 of the	43198
Revised Code and division (C)(3) of this section;	43199

(15) The average daily membership of pupils reported under	43200
division (A)(1) or (2) of this section enrolled in category five	43201
career-technical education programs or services, described in	43202
division (E) of section 3317.014 of the Revised Code, operated by	43203
the school district or another school district, including a joint	43204
vocational school district, or by an educational service center,	43205
excluding any student reported under division (B)(3)(e) of this	43206
section as enrolled in an internet- or computer-based community	43207
school, notwithstanding division (C) of section 3317.02 of the	43208
Revised Code and division (C)(3) of this section;	43209

(16) The average daily membership of pupils reported under	43210
division (A)(1) or (2) of this section who are limited English	43211
proficiency students described in division (A) of section 3317.016	43212
of the Revised Code;	43213

(17) The average daily membership of pupils reported under	43214
division (A)(1) or (2) of this section who are limited English	43215
proficiency students described in division (B) of section 3317.016	43216
of the Revised Code;	43217

(18) The average daily membership of pupils reported under	43218
division (A)(1) or (2) of this section who are limited English	43219
proficiency students described in division (C) of section 3317.016	43220
of the Revised Code;	43221

(19) The average daily membership of pupils reported under	43222
division (A)(1) or (2) of this section who are limited English	43223
proficiency students described in division (D) of section 3317.016	43224
of the Revised Code;	43225

(20) The average number of children transported by the school	43226
district on board-owned or contractor-owned and -operated buses,	43227
reported in accordance with rules adopted by the department of	43228
education;	43229

~~(14)~~(21)(a) The number of children, other than preschool	43230
children with disabilities, the district placed with a county DD	43231
board in fiscal year 1998;	43232

(b) The number of children with disabilities, other than	43233
preschool children with disabilities, placed with a county DD	43234
board in the current fiscal year to receive special education	43235
services for the category one disability described in division (A)	43236
of section 3317.013 of the Revised Code;	43237

(c) The number of children with disabilities, other than	43238
preschool children with disabilities, placed with a county DD	43239
board in the current fiscal year to receive special education	43240
services for category two disabilities described in division (B)	43241
of section 3317.013 of the Revised Code;	43242

(d) The number of children with disabilities, other than	43243
preschool children with disabilities, placed with a county DD	43244
board in the current fiscal year to receive special education	43245
services for category three disabilities described in division (C)	43246
of section 3317.013 of the Revised Code;	43247

(e) The number of children with disabilities, other than	43248
preschool children with disabilities, placed with a county DD	43249
board in the current fiscal year to receive special education	43250
services for category four disabilities described in division (D)	43251
of section 3317.013 of the Revised Code;	43252

(f) The number of children with disabilities, other than	43253
preschool children with disabilities, placed with a county DD	43254
board in the current fiscal year to receive special education	43255
services for the category five disabilities described in division	43256
(E) of section 3317.013 of the Revised Code;	43257

(g) The number of children with disabilities, other than	43258
preschool children with disabilities, placed with a county DD	43259
board in the current fiscal year to receive special education	43260
services for category six disabilities described in division (F)	43261
of section 3317.013 of the Revised Code.	43262

(22) The number of students who are economically	43263
disadvantaged, as defined by the department.	43264

(C)(1) The average daily membership in divisions (B)(1) to	43265
(12) of this section shall be based upon the number of full-time	43266
equivalent students. The state board of education shall adopt	43267
rules defining full-time equivalent students and for determining	43268
the average daily membership therefrom for the purposes of	43269
divisions (A), (B), and (D) of this section. ~~Each student enrolled~~	43270
~~in kindergarten shall be counted as one full-time equivalent~~	43271
~~student regardless of whether the student is enrolled in a~~	43272
~~part-day or all-day kindergarten class.~~	43273

(2) A student enrolled in a community school established	43274
under Chapter 3314., a science, technology, engineering, and	43275
mathematics school established under Chapter 3326., or a	43276
college-preparatory boarding school established under Chapter	43277
3328. of the Revised Code shall be counted in the formula ADM and,	43278
if applicable, the category one, two, three, four, five, or six	43279
special education ADM of the school district in which the student	43280
is entitled to attend school under section 3313.64 or 3313.65 of	43281
the Revised Code for the same proportion of the school year that	43282
the student is counted in the enrollment of the community school,	43283
the science, technology, engineering, and mathematics school, or	43284
the college-preparatory boarding school for purposes of section	43285
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	43286
the number of students reported pursuant to division (B)(3)(d),	43287
(e), (j), or (k) of this section, the department may adjust the	43288
formula ADM of a school district to account for students entitled	43289
to attend school in the district under section 3313.64 or 3313.65	43290
of the Revised Code who are enrolled in a community school, a	43291
science, technology, engineering, and mathematics school, or a	43292
college-preparatory boarding school for only a portion of the	43293
school year.	43294

(3) No child shall be counted as more than a total of one	43295
child in the sum of the average daily memberships of a school	43296
district under division (A), divisions (B)(1) to ~~(12)~~(22), or	43297
division (D) of this section, except as follows:	43298

(a) A child with a disability described in section 3317.013	43299
of the Revised Code may be counted both in formula ADM and in	43300
category one, two, three, four, five, or six special education ADM	43301
and, if applicable, in category one or two ~~vocational~~	43302
career-technical education ADM. As provided in division ~~(C)~~(J) of	43303
section 3317.02 of the Revised Code, such a child shall be counted	43304
in category one, two, three, four, five, or six special education	43305
ADM in the same proportion that the child is counted in formula	43306
ADM.	43307

(b) A child enrolled in ~~vocational~~career-technical education	43308
programs or classes described in section 3317.014 of the Revised	43309
Code may be counted both in formula ADM and category one or, two	43310
~~vocational~~, three, four, or five career-technical education ADM	43311
and, if applicable, in category one, two, three, four, five, or	43312
six special education ADM. Such a child shall be counted in	43313
category one or, two ~~vocational~~, three, four, or five	43314
career-technical education ADM in the same proportion as the	43315
percentage of time that the child spends in the ~~vocational~~	43316
career-technical education programs or classes.	43317

(4) Based on the information reported under this section, the	43318
department of education shall determine the total student count,	43319
as defined in section 3301.011 of the Revised Code, for each	43320
school district.	43321

(D)(1) The superintendent of each joint vocational school	43322
district shall certify to the superintendent of public instruction	43323
on or before the fifteenth day of October in each year for the	43324
first full school week in October the ~~formula ADM, for purposes of~~	43325
~~section 3318.42 of the Revised Code and for any other purpose~~	43326
~~prescribed by law for which "formula ADM" of the joint vocational~~	43327
~~district is a factor~~average daily membership. If a school	43328
operated by the joint vocational school district is closed for one	43329
or more days during that week due to hazardous weather conditions	43330
or other circumstances described in ~~the first paragraph of~~	43331
division ~~(B)~~(A)(1) of section ~~3317.01~~3313.482 of the Revised	43332
Code, the superintendent may apply to the superintendent of public	43333
instruction for a waiver, under which the superintendent of public	43334
instruction may exempt the district superintendent from certifying	43335
the ~~formula ADM~~average daily membership for that school for that	43336
week and specify an alternate week for certifying the ~~formula ADM~~	43337
average daily membership of that school.	43338

The ~~formula ADM~~average daily membership, except as otherwise	43339
provided in this division, shall consist of the average daily	43340
membership during such week, on an FTE basis, of the number of	43341
students receiving any educational services from the district,	43342
including students enrolled in a community school established	43343
under Chapter 3314. or a science, technology, engineering, and	43344
mathematics school established under Chapter 3326. of the Revised	43345
Code who are attending the joint vocational district ~~under an~~	43346
~~agreement between the district board of education and the~~	43347
~~governing authority of the community school or the governing body~~	43348
~~of the science, technology, engineering, and mathematics school~~	43349
and are entitled to attend school in a city, local, or exempted	43350
village school district whose territory is part of the territory	43351
of the joint vocational district.	43352

The following categories of students shall not be included in	43353
the determination made under division (D)(1) of this section:	43354

(a) Students enrolled in adult education classes;

43355

(b) Adjacent or other district joint vocational students	43356
enrolled in the district under an open enrollment policy pursuant	43357
to section 3313.98 of the Revised Code;	43358

(c) Students receiving services in the district pursuant to a	43359
compact, cooperative education agreement, or a contract, but who	43360
are entitled to attend school in a city, local, or exempted	43361
village school district whose territory is not part of the	43362
territory of the joint vocational district;	43363

(d) Students for whom tuition is payable pursuant to sections	43364
3317.081 and 3323.141 of the Revised Code.	43365

(2) To enable the department of education to obtain the data	43366
needed to complete the calculation of payments pursuant to this	43367
chapter, in addition to the ~~formula~~ ADM, each superintendent shall	43368
report separately the average daily membership included in the	43369
report under division (D)(1) of this section for each of the	43370
following categories of students for the same week for which	43371
formula ADM is certified:	43372

(a) Students enrolled in each individual grade included in	43373
the joint vocational district schools;	43374

(b) Children with disabilities receiving special education	43375
services for the category one disability described in division (A)	43376
of section 3317.013 of the Revised Code;	43377

(c) Children with disabilities receiving special education	43378
services for the category two disabilities described in division	43379
(B) of section 3317.013 of the Revised Code;	43380

(d) Children with disabilities receiving special education	43381
services for category three disabilities described in division (C)	43382
of section 3317.013 of the Revised Code;	43383

(e) Children with disabilities receiving special education	43384
services for category four disabilities described in division (D)	43385
of section 3317.013 of the Revised Code;	43386

(f) Children with disabilities receiving special education	43387
services for the category five disabilities described in division	43388
(E) of section 3317.013 of the Revised Code;	43389

(g) Children with disabilities receiving special education	43390
services for category six disabilities described in division (F)	43391
of section 3317.013 of the Revised Code;	43392

(h) ~~Students receiving category one vocational education~~	43393
~~services, described in division (A) of section 3317.014 of the~~	43394
~~Revised Code;~~	43395

~~(i) Students receiving category two vocational education~~	43396
~~services, described in division (B) of section 3317.014 of the~~	43397
~~Revised Code~~Limited English proficiency students described in	43398
division (A) of section 3317.016 of the Revised Code;	43399

(i) Limited English proficiency students described in	43400
division (B) of section 3317.016 of the Revised Code;	43401

(j) Limited English proficiency students described in	43402
division (C) of section 3317.016 of the Revised Code;	43403

(k) Limited English proficiency students described in	43404
division (D) of section 3317.016 of the Revised Code;	43405

(l) Students who are economically disadvantaged, as defined	43406
by the department.	43407

The superintendent of each joint vocational school district	43408
shall also indicate the city, local, or exempted village school	43409
district in which each joint vocational district pupil is entitled	43410
to attend school pursuant to section 3313.64 or 3313.65 of the	43411
Revised Code.	43412

(E) In each school of each city, local, exempted village,	43413
joint vocational, and cooperative education school district there	43414
shall be maintained a record of school membership, which record	43415
shall accurately show, for each day the school is in session, the	43416
actual membership enrolled in regular day classes. For the purpose	43417
of determining average daily membership, the membership figure of	43418
any school shall not include any pupils except those pupils	43419
described by division (A) of this section. The record of	43420
membership for each school shall be maintained in such manner that	43421
no pupil shall be counted as in membership prior to the actual	43422
date of entry in the school and also in such manner that where for	43423
any cause a pupil permanently withdraws from the school that pupil	43424
shall not be counted as in membership from and after the date of	43425
such withdrawal. There shall not be included in the membership of	43426
any school any of the following:	43427

(1) Any pupil who has graduated from the twelfth grade of a	43428
public or nonpublic high school;	43429

(2) Any pupil who is not a resident of the state;

43430

(3) Any pupil who was enrolled in the schools of the district	43431
during the previous school year when assessments were administered	43432
under section 3301.0711 of the Revised Code but did not take one	43433
or more of the assessments required by that section and was not	43434
excused pursuant to division (C)(1) or (3) of that section;	43435

(4) Any pupil who has attained the age of twenty-two years,	43436
except for veterans of the armed services whose attendance was	43437
interrupted before completing the recognized twelve-year course of	43438
the public schools by reason of induction or enlistment in the	43439
armed forces and who apply for reenrollment in the public school	43440
system of their residence not later than four years after	43441
termination of war or their honorable discharge.	43442

If, however, any veteran described by division (E)(4) of this	43443
section elects to enroll in special courses organized for veterans	43444
for whom tuition is paid under the provisions of federal laws, or	43445
otherwise, that veteran shall not be included in average daily	43446
membership.	43447

Notwithstanding division (E)(3) of this section, the	43448
membership of any school may include a pupil who did not take an	43449
assessment required by section 3301.0711 of the Revised Code if	43450
the superintendent of public instruction grants a waiver from the	43451
requirement to take the assessment to the specific pupil and a	43452
parent is not paying tuition for the pupil pursuant to section	43453
3313.6410 of the Revised Code. The superintendent may grant such a	43454
waiver only for good cause in accordance with rules adopted by the	43455
state board of education.	43456

Except as provided in divisions (B)(2) and (F) of this	43457
section, the average daily membership figure of any local, city,	43458
exempted village, or joint vocational school district shall be	43459
determined by dividing the figure representing the sum of the	43460
number of pupils enrolled during each day the school of attendance	43461
is actually open for instruction during the week for which the	43462
average daily membership is being certified by the total number of	43463
days the school was actually open for instruction during that	43464
week. For purposes of state funding, "enrolled" persons are only	43465
those pupils who are attending school, those who have attended	43466
school during the current school year and are absent for	43467
authorized reasons, and those children with disabilities currently	43468
receiving home instruction.	43469

The average daily membership figure of any cooperative	43470
education school district shall be determined in accordance with	43471
rules adopted by the state board of education.	43472

(F)(1) ~~If the formula ADM for the first full school week in~~	43473
~~February is at least three per cent greater than that certified~~	43474
~~for the first full school week in the preceding October, the~~	43475
~~superintendent of schools of any city, exempted village, or joint~~	43476
~~vocational school district or educational service center shall~~	43477
~~certify such increase to the superintendent of public instruction.~~	43478
~~Such certification shall be submitted no later than the fifteenth~~	43479
~~day of February. For the balance of the fiscal year, beginning~~	43480
~~with the February payments, the superintendent of public~~	43481
~~instruction shall use the increased formula ADM in calculating or~~	43482
~~recalculating the amounts to be allocated in accordance with~~	43483
~~section 3317.022 or 3317.16 of the Revised Code. In no event shall~~	43484
~~the superintendent use an increased membership certified to the~~	43485
~~superintendent after the fifteenth day of February. Division~~	43486
~~(F)(1) of this section does not apply after fiscal year 2006.~~	43487

~~(2) If on the first school day of April the total number of~~	43488
~~classes or units for preschool children with disabilities that are~~	43489
~~eligible for approval under division (B) of section 3317.05 of the~~	43490
~~Revised Code exceeds the number of units that have been approved~~	43491
~~for the year under that division, the superintendent of schools of~~	43492
~~any city, exempted village, or cooperative education school~~	43493
~~district or educational service center shall make the~~	43494
~~certifications required by this section for that day. If the~~	43495
~~department determines additional units can be approved for the~~	43496
~~fiscal year within any limitations set forth in the acts~~	43497
~~appropriating moneys for the funding of such units, the department~~	43498
~~shall approve additional units for the fiscal year on the basis of~~	43499
~~such average daily membership. For each unit so approved, the~~	43500
~~department shall pay an amount computed in the manner prescribed~~	43501
~~in section 3317.052 or 3317.19 and section 3317.053 of the Revised~~	43502
~~Code.~~	43503

~~(3)~~ If a student attending a community school under Chapter	43504
3314., a science, technology, engineering, and mathematics school	43505
established under Chapter 3326., or a college-preparatory boarding	43506
school established under Chapter 3328. of the Revised Code is not	43507
included in the formula ADM certified for the school district in	43508
which the student is entitled to attend school under section	43509
3313.64 or 3313.65 of the Revised Code, the department of	43510
education shall adjust the formula ADM of that school district to	43511
include the student in accordance with division (C)(2) of this	43512
section, and shall recalculate the school district's payments	43513
under this chapter for the entire fiscal year on the basis of that	43514
adjusted formula ADM. This requirement applies regardless of	43515
whether the student was enrolled, as defined in division (E) of	43516
this section, in the community school, the science, technology,	43517
engineering, and mathematics school, or the college-preparatory	43518
boarding school during the week for which the formula ADM is being	43519
certified.	43520

~~(4)~~(2) If a student awarded an educational choice scholarship	43521
is not included in the formula ADM of the school district from	43522
which the department deducts funds for the scholarship under	43523
section 3310.08 of the Revised Code, the department shall adjust	43524
the formula ADM of that school district to include the student to	43525
the extent necessary to account for the deduction, and shall	43526
recalculate the school district's payments under this chapter for	43527
the entire fiscal year on the basis of that adjusted formula ADM.	43528
This requirement applies regardless of whether the student was	43529
enrolled, as defined in division (E) of this section, in the	43530
chartered nonpublic school, the school district, or a community	43531
school during the week for which the formula ADM is being	43532
certified.	43533

~~(5)~~(3) If a student awarded a scholarship under the Jon	43534
Peterson special needs scholarship program is not included in the	43535
formula ADM of the school district from which the department	43536
deducts funds for the scholarship under section 3310.55 of the	43537
Revised Code, the department shall adjust the formula ADM of that	43538
school district to include the student to the extent necessary to	43539
account for the deduction, and shall recalculate the school	43540
district's payments under this chapter for the entire fiscal year	43541
on the basis of that adjusted formula ADM. This requirement	43542
applies regardless of whether the student was enrolled, as defined	43543
in division (E) of this section, in an alternative public	43544
provider, a registered private provider, or the school district	43545
during the week for which the formula ADM is being certified.	43546

(G)(1)(a) The superintendent of an institution operating a	43547
special education program pursuant to section 3323.091 of the	43548
Revised Code shall, for the programs under such superintendent's	43549
supervision, certify to the state board of education, in the	43550
manner prescribed by the superintendent of public instruction,	43551
both of the following:	43552

(i) The average daily membership of all children with	43553
disabilities other than preschool children with disabilities	43554
receiving services at the institution for each category of	43555
disability described in divisions (A) to (F) of section 3317.013	43556
of the Revised Code;	43557

(ii) The average daily membership of all preschool children	43558
with disabilities in classes or programs ~~approved annually by the~~	43559
~~department of education for unit~~for whom the district is eligible	43560
to receive funding under section ~~3317.05~~3317.0213 of the Revised	43561
Code, reported according to the categories prescribed in section	43562
3317.013 of the Revised Code.	43563

(b) The superintendent of an institution with ~~vocational~~	43564
career-technical education units approved under ~~division (A) of~~	43565
section 3317.05 of the Revised Code shall, for the units under the	43566
superintendent's supervision, certify to the state board of	43567
education the average daily membership in those units, in the	43568
manner prescribed by the superintendent of public instruction.	43569

(2) The superintendent of each county DD board that maintains	43570
special education classes under section 3317.20 of the Revised	43571
Code or ~~units approved~~provides services to preschool children	43572
with disabilities pursuant to ~~section 3317.05 of the Revised Code~~	43573
an agreement between the DD board and the appropriate school	43574
district shall do both of the following:	43575

(a) Certify to the state board, in the manner prescribed by	43576
the board, the average daily membership in classes under section	43577
3317.20 of the Revised Code for each school district that has	43578
placed children in the classes;	43579

(b) Certify to the state board, in the manner prescribed by	43580
the board, the number of all preschool children with disabilities	43581
enrolled as of the first day of December in classes for which the	43582
DD board is eligible ~~for approval~~to receive funding under	43583
~~division (B) of~~ section ~~3317.05~~3317.0213 of the Revised Code,	43584
reported according to the categories prescribed in section	43585
3317.013 of the Revised Code, and the number of those classes.	43586

~~(3)(a) If on the first school day of April the number of~~	43587
~~classes or units maintained for preschool children with~~	43588
~~disabilities by the county DD board that are eligible for approval~~	43589
~~under division (B) of section 3317.05 of the Revised Code is~~	43590
~~greater than the number of units approved for the year under that~~	43591
~~division, the superintendent shall make the certification required~~	43592
~~by this section for that day.~~	43593

~~(b) If the department determines that additional classes or~~	43594
~~units can be approved for the fiscal year within any limitations~~	43595
~~set forth in the acts appropriating moneys for the funding of the~~	43596
~~classes and units described in division (G)(3)(a) of this section,~~	43597
~~the department shall approve and fund additional units for the~~	43598
~~fiscal year on the basis of such average daily membership. For~~	43599
~~each unit so approved, the department shall pay an amount computed~~	43600
~~in the manner prescribed in sections 3317.052 and 3317.053 of the~~	43601
~~Revised Code.~~	43602

(H) Except as provided in division (I) of this section, when	43603
any city, local, or exempted village school district provides	43604
instruction for a nonresident pupil whose attendance is	43605
unauthorized attendance as defined in section 3327.06 of the	43606
Revised Code, that pupil's membership shall not be included in	43607
that district's membership figure used in the calculation of that	43608
district's formula ADM or included in the determination of any	43609
~~unit~~funding approved for the district under section ~~3317.05~~	43610
3317.0213 of the Revised Code. The reporting official shall report	43611
separately the average daily membership of all pupils whose	43612
attendance in the district is unauthorized attendance, and the	43613
membership of each such pupil shall be credited to the school	43614
district in which the pupil is entitled to attend school under	43615
division (B) of section 3313.64 or section 3313.65 of the Revised	43616
Code as determined by the department of education.	43617

(I)(1) A city, local, exempted village, or joint vocational	43618
school district admitting a scholarship student of a pilot project	43619
district pursuant to division (C) of section 3313.976 of the	43620
Revised Code may count such student in its average daily	43621
membership.	43622

(2) In any year for which funds are appropriated for pilot	43623
project scholarship programs, a school district implementing a	43624
state-sponsored pilot project scholarship program that year	43625
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	43626
count in average daily membership:	43627

(a) All children residing in the district and utilizing a	43628
scholarship to attend kindergarten in any alternative school, as	43629
defined in section 3313.974 of the Revised Code;	43630

(b) All children who were enrolled in the district in the	43631
preceding year who are utilizing a scholarship to attend an	43632
alternative school.	43633

(J) The superintendent of each cooperative education school	43634
district shall certify to the superintendent of public	43635
instruction, in a manner prescribed by the state board of	43636
education, the applicable average daily memberships for all	43637
students in the cooperative education district, also indicating	43638
the city, local, or exempted village district where each pupil is	43639
entitled to attend school under section 3313.64 or 3313.65 of the	43640
Revised Code.	43641

(K) If the superintendent of public instruction determines	43642
that a component of the average daily membership certified or	43643
reported by a district superintendent, or other reporting entity,	43644
is not correct, the superintendent of public instruction may order	43645
that the formula ADM used for the purposes of payments under any	43646
section of Title XXXIII of the Revised Code be adjusted in the	43647
amount of the error.	43648

Sec. 3317.032. ~~(A)~~ Each city, local, exempted village, and	43649
cooperative education school district, each educational service	43650
center, each county DD board, and each institution operating a	43651
special education program pursuant to section 3323.091 of the	43652
Revised Code shall, in accordance with procedures adopted by the	43653
state board of education, maintain a record of district membership	43654
of ~~both of the following:~~	43655

~~(1) All preschool children with disabilities in units~~	43656
~~approved under division (B) of section 3317.05 of the Revised~~	43657
~~Code;~~	43658

~~(2) All~~all preschool children with disabilities ~~who are not~~	43659
~~in units approved under division (B) of section 3317.05 of the~~	43660
~~Revised Code but~~ who are ~~otherwise~~ served by a special education	43661
program.	43662

~~(B) The superintendent of each district, board, or~~	43663
~~institution subject to division (A) of this section shall certify~~	43664
~~to the state board of education, in accordance with procedures~~	43665
~~adopted by that board, membership figures of all preschool~~	43666
~~children with disabilities whose membership is maintained under~~	43667
~~division (A)(2) of this section. The figures certified under this~~	43668
~~division shall be used in the determination of the ADM used to~~	43669
~~compute funds for educational service center governing boards~~	43670
~~under section 3317.11 of the Revised Code.~~	43671

Sec. 3317.05. (A) ~~For the purpose of calculating payments~~	43672
~~under sections 3317.052 and 3317.053 of the Revised Code, the~~The	43673
department of education shall determine for each institution, by	43674
the last day of January of each year and based on information	43675
certified under section 3317.03 of the Revised Code, the number of	43676
~~vocational~~career-technical education units or fractions of units	43677
approved by the department on the basis of standards and rules	43678
adopted by the state board of education. As used in this ~~division~~	43679
section, "institution" means an institution operated by a	43680
department specified in section 3323.091 of the Revised Code and	43681
that provides ~~vocational~~career-technical education programs under	43682
the supervision of the division of ~~vocational~~career-technical	43683
education of the department that meet the standards and rules for	43684
these programs, including licensure of professional staff involved	43685
in the programs, as established by the state board.	43686

(B) ~~For the purpose of calculating payments under sections~~	43687
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	43688
~~department shall determine, based on information certified under~~	43689
~~section 3317.03 of the Revised Code, the following by the last day~~	43690
~~of January of each year for each educational service center, for~~	43691
~~each school district, including each cooperative education school~~	43692
~~district, for each institution eligible for payment under section~~	43693
~~3323.091 of the Revised Code, and for each county DD board: the~~	43694
~~number of classes operated by the school district, service center,~~	43695
~~institution, or county DD board for preschool children with~~	43696
~~disabilities, or fraction thereof, including in the case of a~~	43697
~~district or service center that is a funding agent, classes taught~~	43698
~~by a licensed teacher employed by that district or service center~~	43699
~~under section 3313.841 of the Revised Code, approved annually by~~	43700
~~the department on the basis of standards and rules adopted by the~~	43701
~~state board.~~	43702

~~(C) For the purpose of calculating payments under sections~~	43703
~~3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the~~	43704
~~department shall determine, based on information certified under~~	43705
~~section 3317.03 of the Revised Code, the following by the last day~~	43706
~~of January of each year for each school district, including each~~	43707
~~cooperative education school district, for each institution~~	43708
~~eligible for payment under section 3323.091 of the Revised Code,~~	43709
~~and for each county DD board: the number of units for related~~	43710
~~services, as defined in section 3323.01 of the Revised Code, for~~	43711
~~preschool children with disabilities approved annually by the~~	43712
~~department on the basis of standards and rules adopted by the~~	43713
~~state board.~~	43714

~~(D)~~ All of the arithmetical calculations made under this	43715
section shall be carried to the second decimal place. The total	43716
number of units for ~~school districts, service centers, and~~	43717
institutions approved annually under this section shall not exceed	43718
the number of units included in the estimate of cost for these	43719
units and appropriations made for them by the general assembly.	43720

~~In the case of units for preschool children with disabilities~~	43721
~~described in division (B) of this section, the department shall~~	43722
~~approve only preschool units for children who are under age six on~~	43723
~~the thirtieth day of September of the academic year, or on the~~	43724
~~first day of August of the academic year if the school district in~~	43725
~~which the child is enrolled has adopted a resolution under~~	43726
~~division (A)(3) of section 3321.01 of the Revised Code, but not~~	43727
~~less than age three on the first day of December of the academic~~	43728
~~year, except that such a unit may include one or more children who~~	43729
~~are under age three or are age six or over on the applicable date,~~	43730
~~as reported under division (B)(2) or (G)(2)(b) of section 3317.03~~	43731
~~of the Revised Code, if such children have been admitted to the~~	43732
~~unit pursuant to rules of the state board. The number of units for~~	43733
~~county DD boards and institutions eligible for payment under~~	43734
~~section 3323.091 of the Revised Code approved under this section~~	43735
~~shall not exceed the number that can be funded with appropriations~~	43736
~~made for such purposes by the general assembly.~~	43737

~~No unit shall be approved under divisions (B) and (C) of this~~	43738
~~section unless a plan has been submitted and approved under~~	43739
~~Chapter 3323. of the Revised Code.~~	43740

(C) The department shall pay each institution approved for	43741
career-technical education units under division (A) of this	43742
section an amount for the total of all the units approved under	43743
that division. The amount for each unit shall be the sum of the	43744
minimum salary for the teacher of the unit, calculated on the	43745
basis of the teacher's training level and years of experience	43746
pursuant to the salary schedule prescribed in the version of	43747
section 3317.13 of the Revised Code in effect prior to July 1,	43748
2001, plus fifteen per cent of that minimum salary amount, and	43749
nine thousand five hundred ten dollars. Each institution that	43750
receives unit funds under this division annually shall report to	43751
the department on the delivery of services and the performance of	43752
students and any other information required by the department to	43753
evaluate the institution's career-technical education program.	43754

(D) For each unit allocated to an institution pursuant to	43755
division (A) of this section, the department, in addition to the	43756
amount specified in division (B) of this section, shall pay a	43757
supplemental unit allowance of $7,227.	43758

Sec. 3317.06. Moneys paid to school districts under division	43759
(E) of section 3317.024 of the Revised Code shall be used for the	43760
following independent and fully severable purposes:	43761

(A) To purchase such secular textbooks or electronic	43762
textbooks as have been approved by the superintendent of public	43763
instruction for use in public schools in the state and to loan	43764
such textbooks or electronic textbooks to pupils attending	43765
nonpublic schools within the district or to their parents and to	43766
hire clerical personnel to administer such lending program. Such	43767
loans shall be based upon individual requests submitted by such	43768
nonpublic school pupils or parents. Such requests shall be	43769
submitted to the school district in which the nonpublic school is	43770
located. Such individual requests for the loan of textbooks or	43771
electronic textbooks shall, for administrative convenience, be	43772
submitted by the nonpublic school pupil or the pupil's parent to	43773
the nonpublic school, which shall prepare and submit collective	43774
summaries of the individual requests to the school district. As	43775
used in this section:	43776

(1) "Textbook" means any book or book substitute that a pupil	43777
uses as a consumable or nonconsumable text, text substitute, or	43778
text supplement in a particular class or program in the school the	43779
pupil regularly attends.	43780

(2) "Electronic textbook" means any book or book substitute	43781
that a student accesses through the use of a computer or other	43782
electronic medium or that is available through an internet-based	43783
provider of course content, or any other material that contributes	43784
to the learning process through electronic means.	43785

(B) To provide speech and hearing diagnostic services to	43786
pupils attending nonpublic schools within the district. Such	43787
service shall be provided in the nonpublic school attended by the	43788
pupil receiving the service.	43789

(C) To provide physician, nursing, dental, and optometric	43790
services to pupils attending nonpublic schools within the	43791
district. Such services shall be provided in the school attended	43792
by the nonpublic school pupil receiving the service.	43793

(D) To provide diagnostic psychological services to pupils	43794
attending nonpublic schools within the district. Such services	43795
shall be provided in the school attended by the pupil receiving	43796
the service.	43797

(E) To provide therapeutic psychological and speech and	43798
hearing services to pupils attending nonpublic schools within the	43799
district. Such services shall be provided in the public school, in	43800
nonpublic schools, in public centers, or in mobile units located	43801
on or off of the nonpublic premises. If such services are provided	43802
in the public school or in public centers, transportation to and	43803
from such facilities shall be provided by the school district in	43804
which the nonpublic school is located.	43805

(F) To provide guidance, counseling, and social work services	43806
to pupils attending nonpublic schools within the district. Such	43807
services shall be provided in the public school, in nonpublic	43808
schools, in public centers, or in mobile units located on or off	43809
of the nonpublic premises. If such services are provided in the	43810
public school or in public centers, transportation to and from	43811
such facilities shall be provided by the school district in which	43812
the nonpublic school is located.	43813

(G) To provide remedial services to pupils attending	43814
nonpublic schools within the district. Such services shall be	43815
provided in the public school, in nonpublic schools, in public	43816
centers, or in mobile units located on or off of the nonpublic	43817
premises. If such services are provided in the public school or in	43818
public centers, transportation to and from such facilities shall	43819
be provided by the school district in which the nonpublic school	43820
is located.	43821

(H) To supply for use by pupils attending nonpublic schools	43822
within the district such standardized tests and scoring services	43823
as are in use in the public schools of the state;	43824

(I) To provide programs for children who attend nonpublic	43825
schools within the district and are children with disabilities as	43826
defined in section 3323.01 of the Revised Code or gifted children.	43827
Such programs shall be provided in the public school, in nonpublic	43828
schools, in public centers, or in mobile units located on or off	43829
of the nonpublic premises. If such programs are provided in the	43830
public school or in public centers, transportation to and from	43831
such facilities shall be provided by the school district in which	43832
the nonpublic school is located.	43833

(J) To hire clerical personnel to assist in the	43834
administration of programs pursuant to divisions (B), (C), (D),	43835
(E), (F), (G), and (I) of this section and to hire supervisory	43836
personnel to supervise the providing of services and textbooks	43837
pursuant to this section.	43838

(K) To purchase or lease any secular, neutral, and	43839
nonideological computer application software designed to assist	43840
students in performing a single task or multiple related tasks,	43841
device management software, learning management software,	43842
site-licensing, digital video on demand (DVD), wide area	43843
connectivity and related technology as it relates to internet	43844
access, mathematics or science equipment and materials,	43845
instructional materials, and school library materials that are in	43846
general use in the public schools of the state and loan such items	43847
to pupils attending nonpublic schools within the district or to	43848
their parents, and to hire clerical personnel to administer the	43849
lending program. Only such items that are incapable of diversion	43850
to religious use and that are susceptible of loan to individual	43851
pupils and are furnished for the use of individual pupils shall be	43852
purchased and loaned under this division. As used in this section,	43853
"instructional materials" means prepared learning materials that	43854
are secular, neutral, and nonideological in character and are of	43855
benefit to the instruction of school children~~, and may include~~	43856
~~educational resources and services developed by the eTech Ohio~~	43857
~~commission~~.	43858

(L) To purchase or lease instructional equipment, including	43859
computer hardware and related equipment in general use in the	43860
public schools of the state, for use by pupils attending nonpublic	43861
schools within the district and to loan such items to pupils	43862
attending nonpublic schools within the district or to their	43863
parents, and to hire clerical personnel to administer the lending	43864
program. "Computer hardware and related equipment" includes	43865
desktop computers and workstations; laptop computers, computer	43866
tablets, and other mobile handheld devices; and their operating	43867
systems and accessories.	43868

(M) To purchase mobile units to be used for the provision of	43869
services pursuant to divisions (E), (F), (G), and (I) of this	43870
section and to pay for necessary repairs and operating costs	43871
associated with these units.	43872

(N) To reimburse costs the district incurred to store the	43873
records of a chartered nonpublic school that closes.	43874
Reimbursements under this division shall be made one time only for	43875
each chartered nonpublic school that closes.	43876

(O) To purchase life-saving medical or other emergency	43877
equipment for placement in nonpublic schools within the district	43878
or to maintain such equipment.	43879

Clerical and supervisory personnel hired pursuant to division	43880
(J) of this section shall perform their services in the public	43881
schools, in nonpublic schools, public centers, or mobile units	43882
where the services are provided to the nonpublic school pupil,	43883
except that such personnel may accompany pupils to and from the	43884
service sites when necessary to ensure the safety of the children	43885
receiving the services.	43886

All services provided pursuant to this section may be	43887
provided under contract with educational service centers, the	43888
department of health, city or general health districts, or private	43889
agencies whose personnel are properly licensed by an appropriate	43890
state board or agency.	43891

Transportation of pupils provided pursuant to divisions (E),	43892
(F), (G), and (I) of this section shall be provided by the school	43893
district from its general funds and not from moneys paid to it	43894
under division (E) of section 3317.024 of the Revised Code unless	43895
a special transportation request is submitted by the parent of the	43896
child receiving service pursuant to such divisions. If such an	43897
application is presented to the school district, it may pay for	43898
the transportation from moneys paid to it under division (E) of	43899
section 3317.024 of the Revised Code.	43900

No school district shall provide health or remedial services	43901
to nonpublic school pupils as authorized by this section unless	43902
such services are available to pupils attending the public schools	43903
within the district.	43904

Materials, equipment, computer hardware or software,	43905
textbooks, electronic textbooks, and health and remedial services	43906
provided for the benefit of nonpublic school pupils pursuant to	43907
this section and the admission of pupils to such nonpublic schools	43908
shall be provided without distinction as to race, creed, color, or	43909
national origin of such pupils or of their teachers.	43910

No school district shall provide services, materials, or	43911
equipment that contain religious content for use in religious	43912
courses, devotional exercises, religious training, or any other	43913
religious activity.	43914

As used in this section, "parent" includes a person standing	43915
in loco parentis to a child.	43916

Notwithstanding section 3317.01 of the Revised Code, payments	43917
shall be made under this section to any city, local, or exempted	43918
village school district within which is located one or more	43919
nonpublic elementary or high schools and any payments made to	43920
school districts under division (E) of section 3317.024 of the	43921
Revised Code for purposes of this section may be disbursed without	43922
submission to and approval of the controlling board.	43923

The allocation of payments for materials, equipment,	43924
textbooks, electronic textbooks, health services, and remedial	43925
services to city, local, and exempted village school districts	43926
shall be on the basis of the state board of education's estimated	43927
annual average daily membership in nonpublic elementary and high	43928
schools located in the district.	43929

Payments made to city, local, and exempted village school	43930
districts under this section shall be equal to specific	43931
appropriations made for the purpose. All interest earned by a	43932
school district on such payments shall be used by the district for	43933
the same purposes and in the same manner as the payments may be	43934
used.	43935

The department of education shall adopt guidelines and	43936
procedures under which such programs and services shall be	43937
provided, under which districts shall be reimbursed for	43938
administrative costs incurred in providing such programs and	43939
services, and under which any unexpended balance of the amounts	43940
appropriated by the general assembly to implement this section may	43941
be transferred to the auxiliary services personnel unemployment	43942
compensation fund established pursuant to section 4141.47 of the	43943
Revised Code. The department shall also adopt guidelines and	43944
procedures limiting the purchase and loan of the items described	43945
in division (K) of this section to items that are in general use	43946
in the public schools of the state, that are incapable of	43947
diversion to religious use, and that are susceptible to individual	43948
use rather than classroom use. Within thirty days after the end of	43949
each biennium, each board of education shall remit to the	43950
department all moneys paid to it under division (E) of section	43951
3317.024 of the Revised Code and any interest earned on those	43952
moneys that are not required to pay expenses incurred under this	43953
section during the biennium for which the money was appropriated	43954
and during which the interest was earned. If a board of education	43955
subsequently determines that the remittal of moneys leaves the	43956
board with insufficient money to pay all valid expenses incurred	43957
under this section during the biennium for which the remitted	43958
money was appropriated, the board may apply to the department of	43959
education for a refund of money, not to exceed the amount of the	43960
insufficiency. If the department determines the expenses were	43961
lawfully incurred and would have been lawful expenditures of the	43962
refunded money, it shall certify its determination and the amount	43963
of the refund to be made to the director of job and family	43964
services who shall make a refund as provided in section 4141.47 of	43965
the Revised Code.	43966

Each school district shall label materials, equipment,	43967
computer hardware or software, textbooks, and electronic textbooks	43968
purchased or leased for loan to a nonpublic school under this	43969
section, acknowledging that they were purchased or leased with	43970
state funds under this section. However, a district need not label	43971
materials, equipment, computer hardware or software, textbooks, or	43972
electronic textbooks that the district determines are consumable	43973
in nature or have a value of less than two hundred dollars.	43974

Sec. 3317.08. A board of education may admit to its schools	43975
a child it is not required by section 3313.64 or 3313.65 of the	43976
Revised Code to admit, if tuition is paid for the child.	43977

Unless otherwise provided by law, tuition shall be computed	43978
in accordance with this section. A district's tuition charge for a	43979
school year shall be one of the following:	43980

(A) For any child, except a preschool child with a disability	43981
described in division (B) of this section, the quotient obtained	43982
by dividing the sum of the amounts described in divisions (A)(1)	43983
and (2) of this section by the district's formula ADM.	43984

(1) The district's total taxes charged and payable for	43985
current expenses for the tax year preceding the tax year in which	43986
the school year begins as certified under division (A)(3) of	43987
section 3317.021 of the Revised Code.	43988

(2) The district's total taxes collected for current expenses	43989
under a school district income tax adopted pursuant to section	43990
5748.03, 5748.08, or 5748.09 of the Revised Code that are	43991
disbursed to the district during the fiscal year, excluding any	43992
income tax receipts allocated for the project cost, debt service,	43993
or maintenance set-aside associated with a state-assisted	43994
classroom facilities project as authorized by section 3318.052 of	43995
the Revised Code. On or before the first day of June of each year,	43996
the tax commissioner shall certify the amount to be used in the	43997
calculation under this division for the next fiscal year to the	43998
department of education and the office of budget and management	43999
for each city, local, and exempted village school district that	44000
levies a school district income tax.	44001

(B) For any preschool child with a disability ~~not included in~~	44002
~~a unit approved under division (B) of section 3317.05 of the~~	44003
~~Revised Code~~, an amount computed for the school year as follows:	44004

(1) For each type of special education service provided to	44005
the child for whom tuition is being calculated, determine the	44006
amount of the district's operating expenses in providing that type	44007
of service to all preschool children with disabilities ~~not~~	44008
~~included in units approved under division (B) of section 3317.05~~	44009
~~of the Revised Code~~;	44010

(2) For each type of special education service for which	44011
operating expenses are determined under division (B)(1) of this	44012
section, determine the amount of such operating expenses that was	44013
paid from any state funds received under this chapter;	44014

(3) For each type of special education service for which	44015
operating expenses are determined under division (B)(1) of this	44016
section, divide the difference between the amount determined under	44017
division (B)(1) of this section and the amount determined under	44018
division (B)(2) of this section by the total number of preschool	44019
children with disabilities ~~not included in units approved under~~	44020
~~division (B) of section 3317.05 of the Revised Code~~ who received	44021
that type of service;	44022

(4) Determine the sum of the quotients obtained under	44023
division (B)(3) of this section for all types of special education	44024
services provided to the child for whom tuition is being	44025
calculated.	44026

The state board of education shall adopt rules defining the	44027
types of special education services and specifying the operating	44028
expenses to be used in the computation under this section.	44029

If any child for whom a tuition charge is computed under this	44030
section for any school year is enrolled in a district for only	44031
part of that school year, the amount of the district's tuition	44032
charge for the child for the school year shall be computed in	44033
proportion to the number of school days the child is enrolled in	44034
the district during the school year.	44035

Except as otherwise provided in division (J) of section	44036
3313.64 of the Revised Code, whenever a district admits a child to	44037
its schools for whom tuition computed in accordance with this	44038
section is an obligation of another school district, the amount of	44039
the tuition shall be certified by the treasurer of the board of	44040
education of the district of attendance, to the board of education	44041
of the district required to pay tuition for its approval and	44042
payment. If agreement as to the amount payable or the district	44043
required to pay the tuition cannot be reached, or the board of	44044
education of the district required to pay the tuition refuses to	44045
pay that amount, the board of education of the district of	44046
attendance shall notify the superintendent of public instruction.	44047
The superintendent shall determine the correct amount and the	44048
district required to pay the tuition and shall deduct that amount,	44049
if any, under division (D) of section 3317.023 of the Revised	44050
Code, from the district required to pay the tuition and add that	44051
amount to the amount allocated to the district attended under such	44052
division. The superintendent of public instruction shall send to	44053
the district required to pay the tuition an itemized statement	44054
showing such deductions at the time of such deduction.	44055

When a political subdivision owns and operates an airport,	44056
welfare, or correctional institution or other project or facility	44057
outside its corporate limits, the territory within which the	44058
facility is located is exempt from taxation by the school district	44059
within which such territory is located, and there are school age	44060
children residing within such territory, the political subdivision	44061
owning such tax exempt territory shall pay tuition to the district	44062
in which such children attend school. The tuition for these	44063
children shall be computed as provided for in this section.	44064

Sec. 3317.10. (A) On or before the first day of March of	44065
each year, the department of job and family services shall certify	44066
to the state board of education the unduplicated number of	44067
children ages five through seventeen residing in each school	44068
district and living in a family that, during the preceding	44069
October, participated in Ohio works first.	44070

The department of job and family services shall certify this	44071
information according to the school district of residence for each	44072
child. ~~Except as provided under division (B) of this section, the~~	44073
~~number of children so certified in any year shall be used by the~~	44074
~~department of education in calculating the distribution of moneys~~	44075
~~for the ensuing fiscal year as provided in section 3317.029 of the~~	44076
~~Revised Code.~~	44077

(B) Upon the transfer of part of the territory of one school	44078
district to the territory of one or more other school districts,	44079
the department of education may adjust the number of children	44080
certified under division (A) of this section for any district	44081
gaining or losing territory in such a transfer in order to take	44082
into account the effect of the transfer on the number of such	44083
children who reside in the district. Within sixty days of receipt	44084
of a request for information from the department of education, the	44085
department of job and family services shall provide any	44086
information the department of education determines is necessary to	44087
make such adjustments. ~~The department of education may use the~~	44088
~~adjusted number for any district for the applicable fiscal year,~~	44089
~~in lieu of the number certified for the district for that fiscal~~	44090
~~year under division (A) of this section, in the calculation of the~~	44091
~~distribution of moneys provided in section 3317.029 of the Revised~~	44092
~~Code.~~	44093

Sec. 3317.12. Any board of education participating in funds	44094
distributed under Chapter 3317. of the Revised Code shall annually	44095
adopt a salary ~~schedule~~schedules for teachers and nonteaching	44096
school employees ~~based upon training, experience, and~~	44097
~~qualifications with initial salaries no less than the salaries in~~	44098
~~effect on October 13, 1967. Each board of education shall prepare~~	44099
~~and may amend from time to time, specifications descriptive of~~	44100
~~duties, responsibilities, requirements, and desirable~~	44101
~~qualifications of the classifications of employees required to~~	44102
~~perform the duties specified in the salary schedule. All~~	44103
~~nonteaching school employees are to be notified of the position~~	44104
~~classification to which they are assigned and the salary for the~~	44105
~~classification. The compensation of all employees working for a~~	44106
~~particular school board shall be uniform for like positions except~~	44107
~~as compensation would be affected by salary increments based upon~~	44108
~~length of service.~~	44109

~~On the fifteenth day of October each year the salary schedule~~	44110
~~and the list of job classifications and salaries in effect on that~~	44111
~~date shall be filed by each board of education with the~~	44112
~~superintendent of public instruction. If such salary schedule and~~	44113
~~classification plan is not filed the superintendent of public~~	44114
~~instruction shall order the board to file such schedules~~	44115
~~forthwith. If this condition is not corrected within ten days~~	44116
~~after receipt of the order from the superintendent of public~~	44117
~~instruction, no money shall be distributed to the district under~~	44118
~~Chapter 3317. of the Revised Code until the superintendent has~~	44119
~~satisfactory evidence of the board of education's full compliance~~	44120
~~with such order~~.	44121

Sec. 3317.14. Any school district board of education or	44122
educational service center governing board participating in funds	44123
distributed under Chapter 3317. of the Revised Code shall annually	44124
adopt a teachers' salary schedule with provision for increments	44125
based upon training and years of service. ~~Notwithstanding sections~~	44126
~~3317.13 and 3319.088 of the Revised Code, the~~The board may	44127
establish its own service requirements and may grant service	44128
credit for such activities as teaching in public or nonpublic	44129
schools in this state or in another state, for service as an	44130
educational assistant other than as a classroom aide employed in	44131
accordance with section 5107.541 of the Revised Code, and for	44132
service in the military or in an appropriate state or federal	44133
governmental agency, ~~provided no teacher receives less than the~~	44134
~~amount required to be paid pursuant to section 3317.13 of the~~	44135
~~Revised Code and~~ provided full credit for a minimum of five years	44136
of actual teaching and military experience ~~as defined in division~~	44137
~~(A) of section 3317.13 of the Revised Code~~ is given to each	44138
teacher.	44139

~~On the fifteenth day of October of each year, a copy of the~~	44140
~~salary schedule in effect on that date shall be filed by the board~~	44141
~~of education of each local school district with the educational~~	44142
~~service center superintendent, who thereupon shall certify to the~~	44143
~~treasurer of such local district the correct salary to be paid to~~	44144
~~each teacher in accordance with the adopted schedule.~~	44145

~~Each teacher who has completed training which would qualify~~	44146
~~such teacher for a higher salary bracket pursuant to this section~~	44147
~~shall file by the fifteenth day of September with the treasurer of~~	44148
~~the board of education or educational service center satisfactory~~	44149
~~evidence of the completion of such additional training. The~~	44150
~~treasurer shall then immediately place the teacher, pursuant to~~	44151
~~this section and section 3317.13 of the Revised Code, in the~~	44152
~~proper salary bracket in accordance with training and years of~~	44153
~~service before certifying such salary, training, and years of~~	44154
~~service to the superintendent of public instruction. No teacher~~	44155
~~shall be paid less than the salary to which such teacher is~~	44156
~~entitled pursuant to section 3317.13 of the Revised Code.~~	44157

As used in this section:

44158

(A) "Years of service" includes the following:

44159

(1) All years of teaching service in the same school district	44160
or educational service center, regardless of training level, with	44161
each year consisting of at least one hundred twenty days under a	44162
teacher's contract;	44163

(2) All years of teaching service in a chartered, nonpublic	44164
school located in Ohio as a teacher licensed pursuant to section	44165
3319.22 of the Revised Code or in another public school,	44166
regardless of training level, with each year consisting of at	44167
least one hundred twenty days under a teacher's contract;	44168

(3) All years of teaching service in a chartered school or	44169
institution or a school or institution that subsequently became	44170
chartered or a chartered special education program or a special	44171
education program that subsequently became chartered operated by	44172
the state or by a subdivision or other local governmental unit of	44173
this state as a teacher licensed pursuant to section 3319.22 of	44174
the Revised Code, regardless of training level, with each year	44175
consisting of at least one hundred twenty days;	44176

(4) All years of active military service in the armed forces	44177
of the United States, as defined in section 3307.75 of the Revised	44178
Code, to a maximum of five years. For purposes of this	44179
calculation, a partial year of active military service of eight	44180
continuous months or more in the armed forces shall be counted as	44181
a full year.	44182

(B) "Teacher" means all teachers employed by the board of	44183
education of any school district, including any cooperative	44184
education or joint vocational school district and all teachers	44185
employed by any educational service center governing board.	44186

Sec. 3317.141. The board of education of any city, exempted	44187
village, local, or joint vocational school district that is the	44188
recipient of moneys from a grant awarded under the federal race to	44189
the top program, Division (A), Title XIV, Sections 14005 and 14006	44190
of the "American Recovery and Reinvestment Act of 2009," Pub. L.	44191
No. 111-5, 123 Stat. 115, shall comply with this section in	44192
accordance with the timeline contained in the board's scope of	44193
work, as approved by the superintendent of public instruction, and	44194
shall not be subject to ~~sections 3317.13 and~~section 3317.14 of	44195
the Revised Code. The board of education of any other school	44196
district, and the governing board of each educational service	44197
center, shall comply with either this section or ~~sections 3317.13~~	44198
~~and~~section 3317.14 of the Revised Code.	44199

(A) The board annually shall adopt a salary schedule for	44200
teachers based upon performance as described in division (B) of	44201
this section.	44202

(B) For purposes of the schedule, a board shall measure a	44203
teacher's performance by considering all of the following:	44204

(1) The level of license issued under section 3319.22 of the	44205
Revised Code that the teacher holds;	44206

(2) Whether the teacher is a highly qualified teacher, as	44207
defined in section 3319.074 of the Revised Code;	44208

(3) Ratings received by the teacher on performance	44209
evaluations conducted under section 3319.111 of the Revised Code.	44210

(C) The schedule shall provide for annual adjustments based	44211
on performance on the evaluations conducted under section 3319.111	44212
of the Revised Code. The annual performance-based adjustment for a	44213
teacher rated as accomplished shall be greater than the annual	44214
performance-based adjustment for a teacher rated as proficient.	44215

(D) The salary schedule adopted under this section may	44216
provide for additional compensation for teachers who agree to	44217
perform duties, not contracted for under a supplemental contract,	44218
that the employing board determines warrant additional	44219
compensation. Those duties may include, but are not limited to,	44220
assignment to a school building eligible for funding under Title I	44221
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	44222
6301 et seq.; assignment to a building in "school improvement"	44223
status under the "No Child Left Behind Act of 2001," as defined in	44224
section 3302.01 of the Revised Code; teaching in a grade level or	44225
subject area in which the board has determined there is a shortage	44226
within the district or service center; or assignment to a	44227
hard-to-staff school, as determined by the board.	44228

Sec. 3317.15. (A) As used in this section, "child with a	44229
disability" has the same meaning as in section 3323.01 of the	44230
Revised Code.	44231

(B) Each city, exempted village, local, and joint vocational	44232
school district shall continue to comply with all requirements of	44233
federal statutes and regulations, the Revised Code, and rules	44234
adopted by the state board of education governing education of	44235
children with disabilities, including, but not limited to,	44236
requirements that children with disabilities be served by	44237
appropriately licensed or certificated education personnel.	44238

(C) Each city, exempted village, local, and joint vocational	44239
school district shall consult with the educational service center	44240
serving the county in which the school district is located and, if	44241
it elects to participate pursuant to section 5126.04 of the	44242
Revised Code, the county DD board of that county, in providing	44243
services that serve the best interests of children with	44244
disabilities.	44245

(D) Each school district shall annually provide documentation	44246
to the department of education that it employs the appropriate	44247
number of licensed or certificated personnel to serve the	44248
district's students with disabilities.	44249

(E) The department annually shall audit a sample of school	44250
districts to ensure that children with disabilities are being	44251
appropriately reported.	44252

~~(F) Each school district shall provide speech-language~~	44253
~~pathology services at a ratio of one speech-language pathologist~~	44254
~~per two thousand students receiving any educational services from~~	44255
~~the district other than adult education. Each district shall~~	44256
~~provide school psychological services at a ratio of one school~~	44257
~~psychologist per two thousand five hundred students receiving any~~	44258
~~educational services from the district other than adult education.~~	44259
~~A district may obtain the services of speech-language pathologists~~	44260
~~and school psychologists by any means permitted by law, including~~	44261
~~contracting with an educational service center. If, however, a~~	44262
~~district is unable to obtain the services of the required number~~	44263
~~of speech-language pathologists or school psychologists, the~~	44264
~~district may request from the superintendent of public~~	44265
~~instruction, and the superintendent may grant, a waiver of this~~	44266
~~provision for a period of time established by the superintendent.~~	44267

Sec. 3317.16. (A) The department of education shall compute	44268
and distribute state core foundation funding to each joint	44269
vocational school district for the fiscal year as prescribed in	44270
the following divisions:	44271

(1) An opportunity grant calculated according to the	44272
following formula:	44273

[$10,000,000 - (the district's three-year average valuation /	44274
the district's formula ADM)] X 0.0005 X the district's formula	44275
ADM.	44276

If the result of the calculation for a joint vocational	44277
school district under division (A)(1) of this section is less than	44278
zero, the joint vocational school district's opportunity grant	44279
shall be zero.	44280

(2) Targeted assistance funds calculated under section	44281
3317.161 of the Revised Code.	44282

(3) Additional state aid for special education and related	44283
services provided under Chapter 3323. of the Revised Code	44284
calculated as the sum of the following:	44285

(a) The district's category one special education ADM X the	44286
amount specified in division (A) of section 3317.013 of the	44287
Revised Code X the district's state share index;	44288

(b) The district's category two special education ADM X the	44289
amount specified in division (B) of section 3317.013 of the	44290
Revised Code X the district's state share index;	44291

(c) The district's category three special education ADM X the	44292
amount specified in division (C) of section 3317.013 of the	44293
Revised Code X the district's state share index;	44294

(d) The district's category four special education ADM X the	44295
amount specified in division (D) of section 3317.013 of the	44296
Revised Code X the district's state share index;	44297

(e) The district's category five special education ADM X the	44298
amount specified in division (E) of section 3317.013 of the	44299
Revised Code X the district's state share index;	44300

(f) The district's category six special education ADM X the	44301
amount specified in division (F) of section 3317.013 of the	44302
Revised Code X the district's state share index.	44303

(4) Economically disadvantaged funds calculated under the	44304
following formula:	44305

The number of students who are economically disadvantaged as	44306
reported under division (D)(2)(l) of section 3317.03 of the	44307
Revised Code X $500 X the district's economically disadvantaged	44308
index.	44309

(5) Limited English proficiency funds calculated as the sum	44310
of the following:	44311

(a) The district's category one limited English proficiency	44312
ADM X the amount specified in division (A) of section 3317.016 of	44313
the Revised Code X the district's state share index;	44314

(b) The district's category two limited English proficiency	44315
ADM X the amount specified in division (B) of section 3317.016 of	44316
the Revised Code X the district's state share index;	44317

(c) The district's category three limited English proficiency	44318
ADM X the amount specified in division (C) of section 3317.016 of	44319
the Revised Code X the district's state share index;	44320

(d) The district's category four limited English proficiency	44321
ADM X the amount specified in division (D) of section 3317.016 of	44322
the Revised Code X the district's state share index.	44323

(6) Gifted funds calculated under the following formula:

44324

$50 X the district's formula ADM.

44325

(B) The department shall deduct from the aggregate amount	44326
computed under division (A) of this section fifteen per cent of	44327
the sum of the amounts computed under division (A)(3) of this	44328
section and transfer that sum to the special education exceptional	44329
cost fund created in section 3317.0215 of the Revised Code. A	44330
joint vocational school district may apply for funds from the	44331
special education exceptional cost fund if it satisfies the	44332
criteria in section 3317.0214 of the Revised Code.	44333

(C)(1) For each student with a disability receiving special	44334
education and related services under an individualized education	44335
program, as defined in section 3323.01 of the Revised Code, at a	44336
joint vocational district, the resident district or, if the	44337
student is enrolled in a community school, the community school	44338
shall be responsible for the amount of any costs of providing	44339
those special education and related services to that student that	44340
exceed the sum of the amount calculated for those services	44341
attributable to that student under division (A) of this section.	44342

Those excess costs shall be calculated by subtracting the sum	44343
of the following from the actual cost to provide special education	44344
and related services to the student:	44345

(a) The per pupil amount of the opportunity grant calculated	44346
under division (A)(1) of this section;	44347

(b) Any funds received for the student under division (A)(3)	44348
of this section;	44349

44350

(2) The board of education of the joint vocational school	44351
district may report the excess costs calculated under division	44352
(C)(1) of this section to the department of education.	44353

(3) If the board of education of the joint vocational school	44354
district reports excess costs under division (C)(2) of this	44355
section, the department shall pay the amount of excess cost	44356
calculated under division (C)(2) of this section to the joint	44357
vocational school district and shall deduct that amount as	44358
provided in division (C)(3)(a) or (b) of this section, as	44359
applicable:	44360

(a) If the student is not enrolled in a community school, the	44361
department shall deduct the amount from the account of the	44362
student's resident district pursuant to division (J) of section	44363
3317.023 of the Revised Code.	44364

(b) If the student is enrolled in a community school, the	44365
department shall deduct the amount from the account of the	44366
community school pursuant to section 3314.083 of the Revised Code.	44367

(D) As used in this section:

44368

(1) "Community school" means a community school established	44369
under Chapter 3314. of the Revised Code.	44370

(2) "Resident district" means the city, local, or exempted	44371
village school district in which a student is entitled to attend	44372
school under section 3313.64 or 3313.65 of the Revised Code.	44373

(3) "State share index" means the product of all of the	44374
following:	44375

(a) A joint vocational school district's valuation index;

44376

(b) The difference between the maximum and minimum of the	44377
valuation indexes for all joint vocational school districts with a	44378
total ADM greater than zero divided by 0.9;	44379

44380

If a joint vocational school district's state share index is less	44381
than 0.05, it shall be considered to be 0.05. If a joint	44382
vocational school district's state share index is greater than	44383
0.95, it shall be considered to be 0.95.	44384

(4) "Valuation index" means the quotient obtained by dividing	44385
the quotient of the statewide three-year average valuation for	44386
joint vocational school districts with a total ADM greater than	44387
zero and the current year statewide total ADM for joint vocational	44388
school districts by the quotient of a joint vocational school	44389
district's three-year average valuation and its current year total	44390
ADM.	44391

Sec. 3317.161. Payment of the amount calculated for a joint	44392
vocational school district under this section shall be made under	44393
division (A) of section 3317.16 of the Revised Code.	44394

The department of education shall annually compute targeted	44395
assistance funds to joint vocational school districts, as follows:	44396

(A) Calculate the local wealth per pupil of each joint	44397
vocational school district, which equals the following sum:	44398

(1) One-half times the quotient of (a) the district's	44399
three-year average valuation divided by (b) its formula ADM; plus	44400

(2) One-half times the quotient of (a) the average of the	44401
total federal adjusted gross income of the school district's	44402
residents for the three years most recently reported under section	44403
3317.021 of the Revised Code divided by (b) its formula ADM.	44404

(B) Rank all joint vocational school districts in order of	44405
local wealth per pupil, from the district with the lowest local	44406
wealth per pupil to the district with the highest local wealth per	44407
pupil.	44408

(C) Compute the statewide wealth per pupil, which equals the	44409
following sum:	44410

(1) One-half times the quotient of (a) the sum of the	44411
three-year average valuations for all joint vocational school	44412
districts divided by (b) the sum of formula ADM counts for all	44413
joint vocational school districts; plus	44414

(2) One-half times the quotient of (a) the sum of the	44415
three-year average total federal adjusted gross incomes for all	44416
joint vocational school districts divided by (b) the sum of	44417
formula ADM counts for all joint vocational school districts.	44418

(D) Compute each joint vocational district's wealth index by	44419
dividing the statewide wealth per pupil by the district's local	44420
wealth per pupil.	44421

(E) Compute the per pupil targeted assistance for each	44422
eligible joint vocational school district in accordance with the	44423
following formula:	44424

(Threshold local wealth per pupil - the district's local wealth	44425
per pupil) X .00025 X the district's wealth index	44426

Where:

44427

(1) An "eligible joint vocational school district" means a	44428
school district with a local wealth per pupil less than that of	44429
the school district with the 39th lowest local wealth per pupil.	44430

(2) "Threshold local wealth per pupil" means the local wealth	44431
per pupil of the joint vocational school district with the 39th	44432
lowest local wealth per pupil.	44433

If the result of the calculation for a school district under	44434
division (E) of this section is less than zero, the district's	44435
targeted assistance shall be zero.	44436

(F) Calculate the aggregate amount to be paid as targeted	44437
assistance funds to each joint vocational school district under	44438
division (A) of section 3317.16 of the Revised Code by multiplying	44439
the per pupil targeted assistance computed under division (E) of	44440
this section by the district's formula ADM.	44441

Sec. 3317.162. (A) As used in this section:

44442

(1) "Category one career-technical education ADM" means the	44443
average daily membership of students receiving career-technical	44444
education services described in division (A) of section 3317.014	44445
of the Revised Code on a full-time equivalency basis that are	44446
reported by each city, local, exempted village, and joint	44447
vocational school district, community school, and STEM school that	44448
is assigned to the career-technical planning district.	44449

(2) "Category two career-technical education ADM" means the	44450
average daily membership of students receiving career-technical	44451
education services described in division (B) of section 3317.014	44452
of the Revised Code on a full-time equivalency basis that are	44453
reported by each city, local, exempted village, and joint	44454
vocational school district, community school, and STEM school that	44455
is assigned to the career-technical planning district.	44456

(3) "Category three career-technical education ADM" means the	44457
average daily membership of students receiving career-technical	44458
education services described in division (C) of section 3317.014	44459
of the Revised Code on a full-time equivalency basis that are	44460
reported by each city, local, exempted village, and joint	44461
vocational school district, community school, and STEM school that	44462
is assigned to the career-technical planning district.	44463

(4) "Category four career-technical education ADM" means the	44464
average daily membership of students receiving career-technical	44465
education services described in division (D) of section 3317.014	44466
of the Revised Code on a full-time equivalency basis that are	44467
reported by each city, local, exempted village, and joint	44468
vocational school district, community school, and STEM school that	44469
is assigned to the career-technical planning district.	44470

(5) "Category five career-technical education ADM" means the	44471
average daily membership of students receiving career-technical	44472
education services described in division (E) of section 3317.014	44473
of the Revised Code on a full-time equivalency basis that are	44474
reported by each city, local, exempted village, and joint	44475
vocational school district, community school, and STEM school that	44476
is assigned to the career-technical planning district.	44477

(B) The department of education shall compute for each	44478
career-technical planning district state career-technical	44479
education funds calculated as the sum of the following:	44480

(1) The district's category one career-technical education	44481
ADM X the amount specified in division (A) of section 3317.014 of	44482
the Revised Code;	44483

(2) The district's category two career-technical education	44484
ADM X the amount specified in division (B) of section 3317.014 of	44485
the Revised Code;	44486

(3) The district's category three career-technical education	44487
ADM X the amount specified in division (C) of section 3317.014 of	44488
the Revised Code;	44489

(4) The district's category four career-technical education	44490
ADM X the amount specified in division (D) of section 3317.014 of	44491
the Revised Code;	44492

(5) The district's category five career-technical education	44493
ADM X the amount specified in division (E) of section 3317.014 of	44494
the Revised Code.	44495

(C)(1) The lead district of a career-technical planning	44496
district shall review the career-technical education program of	44497
each city, local, and exempted village school district, each	44498
community school, and each STEM school that is assigned to the	44499
career-technical planning district and determine whether to	44500
approve or disapprove the program. The lead district shall notify	44501
the department of its determination.	44502

(2) Upon receiving notification of a lead district's	44503
approval, the department shall transfer to the member city, local,	44504
or exempted village school district, community school, or STEM	44505
school the funds attributed to the career-technical students	44506
enrolled in the district or school, according to a payment	44507
schedule prescribed by the department.	44508

(3) Upon receiving notification from a lead district of	44509
disapproval of a city, local, or exempted village school	44510
district's, a community school's, or STEM school's	44511
career-technical education program, the department shall	44512
automatically review the lead district's decision. If, as a result	44513
of the review, the department decides to approve the city, local,	44514
or exempted village school district's, the community school's, or	44515
the STEM school's career-technical education program, the	44516
department shall transfer the funds in the manner described in	44517
division (C)(2) of this section. The department's decision shall	44518
be final.	44519

(D) The department shall compute and distribute for each lead	44520
district of a career-technical planning district, including a	44521
joint vocational school district, state funds for career-technical	44522
education associated services calculated under the following	44523
formula:	44524

An associated services cost of $150 X the sum of categories	44525
one through five career-technical education ADM for the	44526
career-technical planning district.	44527

As used in this division, a career-technical planning	44528
district's "category one through five career-technical education	44529
ADM" means the sum of the category one through five	44530
career-technical education ADM counts, or a full-time equivalency	44531
basis, for all of the city, exempted village, and local school	44532
districts assigned to the district, including those students	44533
entitled to attend school in the city, exempted village, and local	44534
school districts who are enrolled in community schools and STEM	44535
schools.	44536

In any fiscal year, a lead district of a career-technical	44537
planning district that receives funds under this division shall	44538
spend those funds only for purposes that the department designates	44539
as approved for career-technical education and for associated	44540
services expenses. Associated services may include such purposes	44541
as apprenticeship coordinators, coordinators for other	44542
career-technical education services, career-technical evaluation,	44543
and other purposes designated by the department. The department	44544
may deny payment under this division to any lead district of a	44545
career-technical planning district that the department determines	44546
is not operating those services or is using funds paid under this	44547
division for other purposes.	44548

Sec. 3317.163. In any fiscal year, a school district,	44549
community school, or STEM school receiving funds under division	44550
(C) of section 3317.162 of the Revised Code shall spend those	44551
funds only for the purposes that the department of education	44552
designates as approved for career-technical education expenses.	44553
Career-technical education expenses approved by the department	44554
shall include only expenses connected to the delivery of	44555
career-technical programming to career-technical students. The	44556
department shall require each school district, community school,	44557
and STEM school to report data annually so that the department may	44558
monitor the district's compliance with the requirements regarding	44559
the manner in which funding received under division (C) of section	44560
3317.162 of the Revised Code may be spent.	44561

Sec. 3317.18. (A) As used in this section, the terms	44562
"Chapter 133. securities," "credit enhancement facilities," "debt	44563
charges," "general obligation," "legislation," "public	44564
obligations," and "securities" have the same meanings as in	44565
section 133.01 of the Revised Code.	44566

(B) The board of education of any school district authorizing	44567
the issuance of securities under section 133.10~~, 133.301,~~ or	44568
3313.372 of the Revised Code or general obligation Chapter 133.	44569
securities may adopt legislation requesting the state department	44570
of education to approve, and enter into an agreement with the	44571
school district and the primary paying agent or fiscal agent for	44572
such securities providing for, the withholding and deposit of	44573
funds, otherwise due the district under Chapter 3317. of the	44574
Revised Code, for the payment of debt service charges on such	44575
securities.	44576

The board of education shall deliver to the state department	44577
a copy of such resolution and any additional pertinent information	44578
the state department may require.	44579

The department of education and the office of budget and	44580
management shall evaluate each request received from a school	44581
district under this section and the department, with the advice	44582
and consent of the director of budget and management, shall	44583
approve or deny each request based on all of the following:	44584

(1) Whether approval of the request will enhance the	44585
marketability of the securities for which the request is made;	44586

(2) Any other pertinent factors or limitations established in	44587
rules made under division (I) of this section, including:	44588

(a) Current and projected obligations of funds due to the	44589
requesting school district under Chapter 3317. of the Revised Code	44590
including obligations of those funds to public obligations or	44591
relevant credit enhancement facilities under this section, Chapter	44592
133. and section 3313.483 of the Revised Code, and under any other	44593
similar provisions of law;	44594

(b) Whether the department of education or the office of	44595
budget and management has any reason to believe the requesting	44596
school district will be unable to pay when due the debt charges on	44597
the securities for which the request is made.	44598

The department may require a school district to establish	44599
schedules for the payment of all debt charges that take into	44600
account the amount and timing of anticipated distributions of	44601
funds to the district under Chapter 3317. of the Revised Code.	44602

(C) If the department approves the request of a school	44603
district to withhold and deposit funds pursuant to this section,	44604
the department shall enter into a written agreement with the	44605
district and the primary paying agent or fiscal agent for the	44606
securities which shall provide for the withholding of funds	44607
pursuant to this section for the payment of debt charges on those	44608
securities, and may include both of the following:	44609

(1) Provisions for certification by the district to the	44610
department, at a time prior to any date for the payment of	44611
applicable debt charges, whether the district is able to pay those	44612
debt charges when due;	44613

(2) Requirements that the district deposit amounts for the	44614
payment of debt charges on the securities with the primary paying	44615
agent or fiscal agent for the securities prior to the date on	44616
which those debt charge payments are due to the owners or holders	44617
of the securities.	44618

(D) Whenever a district notifies the department of education	44619
that it will be unable to pay debt charges when they are due,	44620
subject to the withholding provisions of this section, or whenever	44621
the applicable paying agent or fiscal agent notifies the	44622
department that it has not timely received from a school district	44623
the full amount needed for the payment when due of those debt	44624
charges to the holders or owners of such securities, the	44625
department shall immediately contact the school district and the	44626
paying agent or fiscal agent to confirm or determine whether the	44627
district is unable to make the required payment by the date on	44628
which it is due.	44629

Upon demand of the treasurer of state while holding a school	44630
district obligation purchased under division (G)(1) of section	44631
135.143 of the Revised Code, the state department of education,	44632
without a request of the school district, shall withhold and	44633
deposit funds pursuant to this section for payment of debt service	44634
charges on that obligation.	44635

If the department confirms or determines that the district	44636
will be unable to make such payment and payment will not be made	44637
pursuant to a credit enhancement facility, the department shall	44638
promptly pay to the applicable primary paying agent or fiscal	44639
agent the lesser of the amount due for debt charges or the amount	44640
due the district for the remainder of the fiscal year under	44641
Chapter 3317. of the Revised Code. If this amount is insufficient	44642
to pay the total amount then due the agent for the payment of debt	44643
charges, the department shall pay to the agent each fiscal year	44644
thereafter, and until the full amount due the agent for unpaid	44645
debt charges is paid in full, the lesser of the remaining amount	44646
due the agent for debt charges or the amount due the district for	44647
the fiscal year under Chapter 3317. of the Revised Code.	44648

(E) The state department may make any payments under this	44649
division by direct deposit of funds by electronic transfer.	44650

Any amount received by a paying agent or fiscal agent under	44651
this section shall be applied only to the payment of debt charges	44652
on the securities of the school district subject to this section	44653
or to the reimbursement to the provider of a credit enhancement	44654
facility that has paid such debt charges.	44655

(F) To the extent a school district whose securities are	44656
subject to this section is unable to pay applicable debt charges	44657
because of the failure to collect property taxes levied for the	44658
payment of those debt charges, the district may transfer to or	44659
deposit into any fund that would have received payments under	44660
Chapter 3317. of the Revised Code that were withheld under this	44661
section any such delinquent property taxes when later collected,	44662
provided that transfer or deposit shall be limited to the amounts	44663
withheld from that fund under this section.	44664

(G) The department may make payments under this section to	44665
paying agents or fiscal agents only from and to the extent that	44666
money is appropriated by the general assembly for Chapter 3317. of	44667
the Revised Code or for the purposes of this section. No	44668
securities of a school district to which this section is made	44669
applicable constitute an obligation or a debt or a pledge of the	44670
faith, credit, or taxing power of the state, and the holders or	44671
owners of such securities have no right to have taxes levied or	44672
appropriations made by the general assembly for the payment of	44673
debt charges on those securities, and those securities, if the	44674
department requires, shall contain a statement to that effect. The	44675
agreement for or the actual withholding and payment of moneys	44676
under this section does not constitute the assumption by the state	44677
of any debt of a school district.	44678

(H) In the case of securities subject to the withholding	44679
provisions of this section, the issuing board of education shall	44680
appoint a paying agent or fiscal agent who is not an officer or	44681
employee of the school district.	44682

(I) The department of education, with the advice of the	44683
office of budget and management, may adopt reasonable rules not	44684
inconsistent with this section for the implementation of this	44685
section and division (B) of section 133.25 of the Revised Code as	44686
it relates to the withholding and depositing of payments under	44687
Chapter 3317. of the Revised Code to secure payment of debt	44688
charges on school district securities. Those rules shall include	44689
criteria for the evaluation and approval or denial of school	44690
district requests for withholding under this section and limits on	44691
the obligation for the purpose of paying debt charges or	44692
reimbursing credit enhancement facilities of funds otherwise to be	44693
paid to school districts under Chapter 3317. of the Revised Code.	44694

(J) The authority granted by this section is in addition to	44695
and not a limitation on any other authorizations granted by or	44696
pursuant to law for the same or similar purposes.	44697

Sec. 3317.19. ~~(A) As used in this section, "total unit~~	44698
~~allowance" means an amount equal to the sum of the following:~~	44699

~~(1) The total of the salary allowances for the teachers~~	44700
~~employed in the cooperative education school district for all~~	44701
~~units approved under division (B) or (C) of section 3317.05 of the~~	44702
~~Revised Code. The salary allowance for each unit shall equal the~~	44703
~~minimum salary for the teacher of the unit calculated on the basis~~	44704
~~of the teacher's training level and years of experience pursuant~~	44705
~~to the salary schedule prescribed in the version of section~~	44706
~~3317.13 of the Revised Code in effect prior to July 1, 2001.~~	44707

~~(2) Fifteen per cent of the total computed under division~~	44708
~~(A)(1) of this section;~~	44709

~~(3) The total of the unit operating allowances for all~~	44710
~~approved units. The amount of each allowance shall equal one of~~	44711
~~the following:~~	44712

~~(a) Eight thousand twenty-three dollars times the number of~~	44713
~~units for preschool children with disabilities or fraction thereof~~	44714
~~approved for the year under division (B) of section 3317.05 of the~~	44715
~~Revised Code;~~	44716

~~(b) Two thousand one hundred thirty-two dollars times the~~	44717
~~number of units or fraction thereof approved for the year under~~	44718
~~division (C) of section 3317.05 of the Revised Code.~~	44719

~~(B)~~ The state board of education shall compute and distribute	44720
to each cooperative education school district for each fiscal year	44721
an amount equal to the sum of the following:	44722

~~(1)~~(A) An amount equal to the total of the amounts credited	44723
to the cooperative education school district pursuant to division	44724
(H) of section 3317.023 of the Revised Code;	44725

~~(2) The total unit allowance;~~

44726

~~(3)~~(B) An amount for assisting in providing free lunches to	44727
needy children pursuant to division (D) of section 3317.024 of the	44728
Revised Code.	44729

~~(C) If a cooperative education school district has had~~	44730
~~additional special education units approved for the year under~~	44731
~~division (F)(2) of section 3317.03 of the Revised Code, the~~	44732
~~district shall receive an additional amount during the last half~~	44733
~~of the fiscal year. For each unit, the additional amount shall~~	44734
~~equal fifty per cent of the amount computed under division (A) of~~	44735
~~this section for a unit approved under division (B) of section~~	44736
~~3317.05 of the Revised Code.~~	44737

Sec. 3317.20. This section does not apply to preschool	44738
children with disabilities.	44739

(A) As used in this section:

44740

(1) "Applicable ~~weight~~special education amount" means the	44741
~~multiple~~amount specified in section 3317.013 of the Revised Code	44742
for a disability described in that section.	44743

(2) "Child's school district" means the school district in	44744
which a child is entitled to attend school pursuant to section	44745
3313.64 or 3313.65 of the Revised Code.	44746

(3) "State share ~~percentage~~index" means the state share	44747
~~percentage~~index of the child's school district.	44748

(4) "Opportunity per pupil amount" means the per pupil amount	44749
of the opportunity grant calculated under division (A)(1) of	44750
section 3317.022 of the Revised Code for a child's school	44751
district, as determined by the department of education.	44752

(5) "Targeted assistance per pupil amount" means the per	44753
pupil amount calculated under section 3317.0217 of the Revised	44754
Code for the child's school district.	44755

(B) ~~Except as provided in division (C) of this section, the~~	44756
The department shall annually pay each county DD board for each	44757
child with a disability, other than a preschool child with a	44758
disability, for whom the county DD board provides special	44759
education and related services an amount equal to the ~~formula~~	44760
~~amount + (state share percentage X formula amount X the applicable~~	44761
~~weight).~~	44762

~~(C) If any school district places with a county DD board more~~	44763
~~children with disabilities than it had placed with a county DD~~	44764
~~board in fiscal year 1998, the department shall not make a payment~~	44765
~~under division (B) of this section for the number of children~~	44766
~~exceeding the number placed in fiscal year 1998. The department~~	44767
~~instead shall deduct from the district's payments under this~~	44768
~~chapter, and pay to the county DD board, an amount calculated in~~	44769
~~accordance with the formula prescribed in division (B) of this~~	44770
~~section for each child over the number of children placed in~~	44771
~~fiscal year 1998.~~	44772

~~(D) The department shall calculate for each county DD board~~	44773
~~receiving payments under divisions (B) and (C) of this section the~~	44774
~~following amounts:~~	44775

~~(1) The amount received by the county DD board for approved~~	44776
~~special education and related services units, other than units for~~	44777
~~preschool children with disabilities, in fiscal year 1998, divided~~	44778
~~by the total number of children served in the units that year;~~	44779

~~(2) The product of the quotient calculated under division~~	44780
~~(D)(1) of this section times the number of children for whom~~	44781
~~payments are made under divisions (B) and (C) of this section.~~	44782

~~If the amount calculated under division (D)(2) of this~~	44783
~~section is greater than the total amount calculated under~~	44784
~~divisions (B) and (C) of this section, the department shall pay~~	44785
~~the county DD board one hundred per cent of the difference in~~	44786
~~addition to the payments under divisions (B) and (C) of this~~	44787
~~section~~sum of the following:	44788

(1) (Opportunity per pupil amount + the applicable special	44789
education amount) X the state share index of the child's school	44790
district;	44791

(2) Targeted assistance per pupil amount.

44792

~~(E)~~(C) Each county DD board shall report to the department,	44793
in the manner specified by the department, the name of each child	44794
for whom the county DD board provides special education and	44795
related services and the child's school district.	44796

~~(F)~~(D)(1) For the purpose of verifying the accuracy of the	44797
payments under this section, the department may request from	44798
either of the following entities the data verification code	44799
assigned under division (D)(2) of section 3301.0714 of the Revised	44800
Code to any child who is placed with a county DD board:	44801

(a) The child's school district;

44802

(b) The independent contractor engaged to create and maintain	44803
data verification codes.	44804

(2) Upon a request by the department under division ~~(F)~~(D)(1)	44805
of this section for the data verification code of a child, the	44806
child's school district shall submit that code to the department	44807
in the manner specified by the department. If the child has not	44808
been assigned a code, the district shall assign a code to that	44809
child and submit the code to the department by a date specified by	44810
the department. If the district does not assign a code to the	44811
child by the specified date, the department shall assign a code to	44812
the child.	44813

The department annually shall submit to each school district	44814
the name and data verification code of each child residing in the	44815
district for whom the department has assigned a code under this	44816
division.	44817

(3) The department shall not release any data verification	44818
code that it receives under division ~~(F)~~(D) of this section to any	44819
person except as provided by law.	44820

~~(G)~~(E) Any document relative to special education and related	44821
services provided by a county DD board that the department holds	44822
in its files that contains both a student's name or other	44823
personally identifiable information and the student's data	44824
verification code shall not be a public record under section	44825
149.43 of the Revised Code.	44826

Sec. 3317.201. This section does not apply to preschool	44827
children with disabilities.	44828

(A) As used in this section~~, the "total~~:

44829

(1) "Total special education ~~weight~~amount" for an	44830
institution means the sum of the following amounts:	44831

~~(1)~~(a) The number of children reported by the institution	44832
under division (G)(1)(a)(i) of section 3317.03 of the Revised Code	44833
as receiving services for a disability described in division (A)	44834
of section 3317.013 of the Revised Code multiplied by the ~~multiple~~	44835
amount specified in that division;	44836

~~(2)~~(b) The number of children reported by the institution	44837
under division (G)(1)(a)(i) of section 3317.03 of the Revised Code	44838
as receiving services for a disability described in division (B)	44839
of section 3317.013 of the Revised Code multiplied by the ~~multiple~~	44840
amount specified in that division;	44841

~~(3)~~(c) The number of children reported by the institution	44842
under division (G)(1)(a)(i) of section 3317.03 of the Revised Code	44843
as receiving services for a disability described in division (C)	44844
of section 3317.013 of the Revised Code multiplied by the ~~multiple~~	44845
amount specified in that division;	44846

~~(4)~~(d) The number of children reported by the institution	44847
under division (G)(1)(a)(i) of section 3317.03 of the Revised Code	44848
as receiving services for a disability described in division (D)	44849
of section 3317.013 of the Revised Code multiplied by the ~~multiple~~	44850
amount specified in that division;	44851

~~(5)~~(e) The number of children reported by the institution	44852
under division (G)(1)(a)(i) of section 3317.03 of the Revised Code	44853
as receiving services for a disability described in division (E)	44854
of section 3317.013 of the Revised Code multiplied by the ~~multiple~~	44855
amount specified in that division;	44856

~~(6)~~(f) The number of children reported by the institution	44857
under division (G)(1)(a)(i) of section 3317.03 of the Revised Code	44858
as receiving services for a disability described in division (F)	44859
of section 3317.013 of the Revised Code multiplied by the	44860
~~multiple~~amount specified in that division.	44861

(2) "Total targeted assistance funds" for an institution	44862
means the sum of all of the per pupil amounts of targeted	44863
assistance funds, computed under section 3317.0217 of the Revised	44864
Code, for all of the school districts in which the institution's	44865
special education students are entitled to attend school under	44866
section 3313.64 or 3313.65 of the Revised Code times the total	44867
number of the districts' students enrolled at the institution.	44868

(B) For each fiscal year, the department of education shall	44869
pay each state institution required to provide special education	44870
services under division (A) of section 3323.091 of the Revised	44871
Code an amount equal to the ~~greater~~sum of:	44872

(1) The ~~formula amount times the~~ institution's total special	44873
education ~~weight~~amount;	44874

(2) The ~~aggregate amount of special education and related~~	44875
~~services unit funding the institution received for all children~~	44876
~~with disabilities other than preschool children with disabilities~~	44877
~~in fiscal year 2005 under sections 3317.052 and 3317.053 of the~~	44878
~~Revised Code, as those sections existed prior to June 30, 2005~~	44879
institution's total targeted assistance funds.	44880

~~Sec. 3313.847.~~ Sec. 3317.30. (A) In the case of a child placed in	44881
the custody of a juvenile facility established under section	44882
2151.65 or a detention facility established under section 2152.41	44883
of the Revised Code, ifpayment for the child's education services	44884
shall be administered by one of the following methods:	44885

(1) If the facility educates the child, the facility, or the	44886
chartered nonpublic school it operates, may submit its request for	44887
payment directly to the school district that is to bear the cost	44888
of educating the child, as determined under section 2151.362 of	44889
the Revised Code. That district shall pay the facility or the	44890
chartered nonpublic school directly for those services.	44891

(2) If the facility contracts directly with a school district	44892
in which the facility is located for services for that child, the	44893
school district may submit its request for payment directly to the	44894
school district that is to bear the cost of educating the child,	44895
as determined under section 2151.362 of the Revised Code. That	44896
district shall pay the school district where the facility is	44897
located directly for those services.	44898

(3) If that facility contracts directly with an educational	44899
service center for services for that child, the service center may	44900
submit its request for payment for services for the child directly	44901
to the school district that is responsible to bear the cost of	44902
educating the child, as determined under section 2151.362 of the	44903
Revised Code. That district shall pay the service center directly	44904
for those services. ~~Notwithstanding~~	44905

(B) Notwithstanding anything to the contrary in section	44906
3317.03 of the Revised Code, the district that pays a service	44907
center, facility or chartered nonpublic school the facility	44908
operates, or other school district for services for a particular	44909
child under this section shall include that child in the	44910
district's average daily membership as reported under division (A)	44911
of section 3317.03 of the Revised Code. No other district shall	44912
include the child in its average daily membership.	44913

Payments made for a child under this section shall be	44914
determined in accordance with division (C)(4) of section 3313.64	44915
of the Revised Code.	44916

Sec. 3317.40. (A) As used in this section, "subgroup" means	44917
one of the following subsets of the entire student population of a	44918
school district or a school building:	44919

(1) Students with disabilities;

44920

(2) Economically disadvantaged students;

44921

(3) Limited English proficient students;

44922

(4) Students identified as gifted in superior cognitive	44923
ability and specific academic ability fields under Chapter 3324.	44924
of the Revised Code.	44925

(B) It is the intent of the general assembly that funds	44926
provided under this chapter shall be used for the provision of a	44927
system of common schools and the advancement of the knowledge of	44928
all students. As such, school districts and schools shall be held	44929
accountable for those funds to ensure that all students are	44930
provided an opportunity to master a common knowledge base in order	44931
to graduate from high school prepared for a career or for	44932
post-secondary education.	44933

(C) When funds are provided under this chapter specifically	44934
for services for a subgroup of students, the general assembly has	44935
determined that these students experience unique challenges	44936
requiring additional resources and intends that the funds so	44937
provided be used for services that will allow students in those	44938
subgroups to master the knowledge base required for high school	44939
graduation.	44940

(D) If a district or school fails to show consistent progress	44941
for any subgroup of students based on performance measures	44942
reported or graded under section 3302.03 of the Revised Code, as	44943
determined by the department of education, the district or school	44944
shall partner with, and pay the funds provided for that subgroup	44945
as calculated by the department, to another organization that has	44946
demonstrated the ability to improve the educational outcome for	44947
that subgroup of students to provide services to those students.	44948
The partner organization may be another school, district, or other	44949
education provider.	44950

The department shall publish a list of schools, school	44951
districts, and other educational providers that have demonstrated	44952
an ability to serve each subgroup of students.	44953

Sec. 3317.50. The ~~eTech Ohio~~ telecommunity education fund is	44954
hereby created in the state treasury. The fund shall consist of	44955
certain excess local exchange telephone company contributions	44956
transferred from the reserve fund of the Ohio telecommunications	44957
advisory board pursuant to an agreement between the public	44958
utilities commission of Ohio and the Ohio department of education.	44959
The fund shall be used by the chancellor of the Ohio board of	44960
regents, in the amounts appropriated, to finance technology grants	44961
to state-chartered elementary and secondary schools. Investment	44962
earnings of the fund shall be credited to the fund.	44963

Sec. 3317.51. (A) The distance learning fund is hereby	44964
created in the state treasury. The fund shall consist of moneys	44965
paid ~~to the eTech Ohio commission~~ by any telephone company as a	44966
part of a settlement agreement between such company and the public	44967
utilities commission in fiscal year 1995 in part to establish	44968
distance learning throughout the state. The ~~commission~~chancellor	44969
of the Ohio board of regents shall administer the fund and expend	44970
moneys from it to finance technology grants to eligible schools	44971
chartered by the state board of education to establish distance	44972
learning in those schools. Chartered schools are eligible for	44973
funds if they are within the service area of the telephone	44974
company. Investment earnings of the fund shall be credited to the	44975
fund.	44976

(B) For purposes of this section, "distance learning" means	44977
the creation of a learning environment involving a school setting	44978
and at least one other location outside of the school which allows	44979
for information available at one site to be accessed at the other	44980
through the use of such educational applications as one-way or	44981
two-way transmission of data, voice, and video, singularly or in	44982
appropriate combinations.	44983

Sec. 3317.52. (A) The straight A program is hereby created to	44984
provide grants to city, local, exempted village, and joint	44985
vocational school districts, educational service centers,	44986
community schools established under Chapter 3314., STEM schools	44987
established under Chapter 3326. of the Revised Code, individual	44988
school buildings, education consortia (which may represent a	44989
partnership with other school districts), institutions of higher	44990
education, and private entities for projects that aim to achieve	44991
significant advancement in one or more of the following goals:	44992

(1) Student achievement;

44993

(2) Spending reduction in the five-year fiscal forecast	44994
required under section 5705.391 of the Revised Code;	44995

(3) Utilization of a greater share of resources in the	44996
classroom.	44997

(B)(1) Grants shall be awarded by a governing board	44998
consisting of seven members appointed by the governor, one member	44999
appointed by the speaker of the house of representatives, and one	45000
member appointed by the president of the senate. The department of	45001
education, under the direction of the director of the governor's	45002
office of 21st century education, shall provide administrative	45003
support to the board.	45004

(2) The board shall select grant advisors with fiscal	45005
expertise and education expertise. These advisors shall evaluate	45006
proposals from grant applicants and advise the staff administering	45007
the program.	45008

(3) The board shall issue an annual report to the governor,	45009
the speaker of the house of representatives, the president of the	45010
senate, and the chairpersons of the house and senate committees	45011
that primarily deal with education regarding the types of grants	45012
awarded, the grant recipients, and the effectiveness of the grant	45013
program.	45014

(C) Each grant applicant shall submit a proposal that	45015
includes all of the following:	45016

(1) A description of the project for which the applicant is	45017
seeking a grant, including a description of how the project will	45018
have substantial value and lasting impact;	45019

(2) An explanation of how the project will be	45020
self-sustaining. If the project will result in increased ongoing	45021
spending, the applicant shall show how the spending will be offset	45022
by verifiable, credible, permanent spending reductions.	45023

(3) A description of quantifiable results of the project that	45024
can be benchmarked.	45025

(D)(1) Within seventy-five days after receiving a grant	45026
application, the board shall issue a decision on the application	45027
of "yes," "no," "hold," or "edit." In making its decision, the	45028
board shall consider whether the project has the capability of	45029
being replicated in other school districts and schools or creates	45030
something that can be used in other districts and schools.	45031

(2) If the board issues a "hold" or "edit" decision for an	45032
application, it shall, upon returning the application to the	45033
applicant, specify the process for reconsideration of the	45034
application. An applicant may work with the grant advisors and	45035
staff to modify or improve a grant application.	45036

(E) Upon deciding to award a grant to an applicant, the board	45037
shall enter into a grant agreement with the applicant that	45038
includes all of the following:	45039

(1) The content of the applicant's proposal as outlined under	45040
division (C) of this section;	45041

(2) The project's deliverables and a timetable for their	45042
completion;	45043

(3) Conditions for receiving grant funding;

45044

(4) Conditions for receiving funding in future years if the	45045
contract is a multi-year contract;	45046

(5) A provision specifying that funding will be returned to	45047
the board if the applicant fails to implement the agreement, as	45048
determined by the auditor of state.	45049

(6) A provision specifying that the agreement may be amended	45050
by mutual agreement between the board and the applicant.	45051

(F) An advisory committee for the straight A program is	45052
hereby established. The committee shall consist of the following:	45053

(1) Not more than seventeen members appointed by the governor	45054
that represent all areas of the state and different interests;	45055

(2) Two members of the senate, one from each political party,	45056
appointed by the president of the senate;	45057

(3) Two members of the house of representatives, one from	45058
each political party, appointed by the speaker of the house of	45059
representatives.	45060

The committee shall annually review the straight A program	45061
and provide strategic advice to the governing board and the	45062
director of the governor's office of 21st century education.	45063

Sec. 3318.011. For purposes of providing assistance under	45064
sections 3318.01 to 3318.20 of the Revised Code, the department of	45065
education shall annually do all of the following:	45066

(A) Calculate the adjusted valuation per pupil of each city,	45067
local, and exempted village school district according to the	45068
following formula:	45069

The district's valuation per pupil -	45070

[$30,000 X (1 - the district's income factor)].	45071

For purposes of this calculation:

45072

(1) Except for a district with an open enrollment net gain	45073
that is ten per cent or more of its formula ADM, "valuation per	45074
pupil" for a district means its average taxable value, divided by	45075
its formula ADM for the previous fiscal year. "Valuation per	45076
pupil," for a district with an open enrollment net gain that is	45077
ten per cent or more of its formula ADM, means its average taxable	45078
value, divided by the sum of its formula ADM for the previous	45079
fiscal year plus its open enrollment net gain for the previous	45080
fiscal year.	45081

(2) "Average taxable value" means the average of the sum of	45082
the amounts certified for a district under divisions (A)(1) and	45083
(2) of section 3317.021 of the Revised Code in the second, third,	45084
and fourth preceding fiscal years.	45085

(3) "Entitled to attend school" means entitled to attend	45086
school in a city, local, or exempted village school district under	45087
section 3313.64 or 3313.65 of the Revised Code.	45088

(4) "Formula ADM" ~~and "income factor" have~~has the same	45089
~~meanings~~meaning as in section 3317.02 of the Revised Code.	45090

(5) "Native student" has the same meaning as in section	45091
3313.98 of the Revised Code.	45092

(6) "Open enrollment net gain" for a district means (a) the	45093
number of the students entitled to attend school in another	45094
district but who are enrolled in the schools of the district under	45095
its open enrollment policy minus (b) the number of the district's	45096
native students who are enrolled in the schools of another	45097
district under the other district's open enrollment policy, both	45098
numbers as certified to the department under section 3313.981 of	45099
the Revised Code. If the difference is a negative number, the	45100
district's "open enrollment net gain" is zero.	45101

(7) "Open enrollment policy" means an interdistrict open	45102
enrollment policy adopted under section 3313.98 of the Revised	45103
Code.	45104

(8) "District median income" means the median Ohio adjusted	45105
gross income certified for a school district. On or before the	45106
first day of July of each year, the tax commissioner shall certify	45107
to the department of education and the office of budget and	45108
management for each city, exempted village, and local school	45109
district the median Ohio adjusted gross income of the residents of	45110
the school district determined on the basis of tax returns filed	45111
for the second preceding tax year by the residents of the	45112
district.	45113

(9) "Statewide median income" means the median district	45114
median income of all city, exempted village, and local school	45115
districts in the state.	45116

(10) "Income factor" for a city, exempted village, or local	45117
school district means the quotient obtained by dividing that	45118
district's median income by the statewide median income.	45119

(B) Calculate for each district the three-year average of the	45120
adjusted valuations per pupil calculated for the district for the	45121
current and two preceding fiscal years;	45122

(C) Rank all such districts in order of adjusted valuation	45123
per pupil from the district with the lowest three-year average	45124
adjusted valuation per pupil to the district with the highest	45125
three-year average adjusted valuation per pupil;	45126

(D) Divide such ranking into percentiles with the first	45127
percentile containing the one per cent of school districts having	45128
the lowest three-year average adjusted valuations per pupil and	45129
the one-hundredth percentile containing the one per cent of school	45130
districts having the highest three-year average adjusted	45131
valuations per pupil;	45132

(E) Determine the school districts that have three-year	45133
average adjusted valuations per pupil that are greater than the	45134
median three-year average adjusted valuation per pupil for all	45135
school districts in the state;	45136

(F) On or before the first day of September, certify the	45137
information described in divisions (A) to (E) of this section to	45138
the Ohio school facilities commission.	45139

Sec. 3318.031. (A) The Ohio school facilities commission	45140
shall consider student and staff safety and health when reviewing	45141
design plans for classroom facility construction projects proposed	45142
under this chapter. After consulting with appropriate education,	45143
health, and law enforcement personnel, the commission may require	45144
as a condition of project approval under either section 3318.03 or	45145
division (B)(1) of section 3318.41 of the Revised Code such	45146
changes in the design plans as the commission believes will	45147
advance or improve student and staff safety and health in the	45148
proposed classroom facility.	45149

To carry out its duties under this division, the commission	45150
shall review and, if necessary, amend any construction and design	45151
standards used in its project approval process, including	45152
standards for location and number of exits, standards for lead	45153
safety in classroom facilities constructed before 1978 in which	45154
services are provided to children under six years of age, and	45155
location of restrooms, with a focus on advancing student and staff	45156
safety and health.	45157

(B) When reviewing design standards for classroom facility	45158
construction projects proposed under this chapter, the commission	45159
shall also consider the extent to which the design standards	45160
support the following:	45161

(1) ~~Support and facilitation of smaller classes and the trend~~	45162
~~toward smaller schools~~Trends in educational delivery methods,	45163
including digital access and blended learning;	45164

(2) Provision of sufficient space for training new teachers	45165
and promotion of collaboration among teaching candidates,	45166
experienced teachers, and teacher educators;	45167

(3) Provision of adequate space for teacher planning and	45168
collaboration;	45169

(4) Provision of adequate space for parent involvement	45170
activities;	45171

(5) Provision of sufficient space for innovative partnerships	45172
between schools and health and social service agencies.	45173

Sec. 3318.08. Except in the case of a joint vocational	45174
school district that receives assistance under sections 3318.40 to	45175
3318.45 of the Revised Code, if the requisite favorable vote on	45176
the election is obtained, or if the school district board has	45177
resolved to apply the proceeds of a property tax levy or the	45178
proceeds of an income tax, or a combination of proceeds from such	45179
taxes, as authorized in section 3318.052 of the Revised Code, the	45180
Ohio school facilities commission, upon certification to it of	45181
either the results of the election or the resolution under section	45182
3318.052 of the Revised Code, shall enter into a written agreement	45183
with the school district board for the construction and sale of	45184
the project. In the case of a joint vocational school district	45185
that receives assistance under sections 3318.40 to 3318.45 of the	45186
Revised Code, if the school district board of education and the	45187
school district electors have satisfied the conditions prescribed	45188
in division (D)(1) of section 3318.41 of the Revised Code, the	45189
commission shall enter into an agreement with the school district	45190
board for the construction and sale of the project. In either	45191
case, the agreement shall include, but need not be limited to, the	45192
following provisions:	45193

(A) The sale and issuance of bonds or notes in anticipation	45194
thereof, as soon as practicable after the execution of the	45195
agreement, in an amount equal to the school district's portion of	45196
the basic project cost, including any securities authorized under	45197
division (J) of section 133.06 of the Revised Code and dedicated	45198
by the school district board to payment of the district's portion	45199
of the basic project cost of the project; provided, that if at	45200
that time the county treasurer of each county in which the school	45201
district is located has not commenced the collection of taxes on	45202
the general duplicate of real and public utility property for the	45203
year in which the controlling board approved the project, the	45204
school district board shall authorize the issuance of a first	45205
installment of bond anticipation notes in an amount specified by	45206
the agreement, which amount shall not exceed an amount necessary	45207
to raise the net bonded indebtedness of the school district as of	45208
the date of the controlling board's approval to within five	45209
thousand dollars of the required level of indebtedness for the	45210
preceding year. In the event that a first installment of bond	45211
anticipation notes is issued, the school district board shall, as	45212
soon as practicable after the county treasurer of each county in	45213
which the school district is located has commenced the collection	45214
of taxes on the general duplicate of real and public utility	45215
property for the year in which the controlling board approved the	45216
project, authorize the issuance of a second and final installment	45217
of bond anticipation notes or a first and final issue of bonds.	45218

The combined value of the first and second installment of	45219
bond anticipation notes or the value of the first and final issue	45220
of bonds shall be equal to the school district's portion of the	45221
basic project cost. The proceeds of any such bonds shall be used	45222
first to retire any bond anticipation notes. Otherwise, the	45223
proceeds of such bonds and of any bond anticipation notes, except	45224
the premium and accrued interest thereon, shall be deposited in	45225
the school district's project construction fund. In determining	45226
the amount of net bonded indebtedness for the purpose of fixing	45227
the amount of an issue of either bonds or bond anticipation notes,	45228
gross indebtedness shall be reduced by moneys in the bond	45229
retirement fund only to the extent of the moneys therein on the	45230
first day of the year preceding the year in which the controlling	45231
board approved the project. Should there be a decrease in the tax	45232
valuation of the school district so that the amount of	45233
indebtedness that can be incurred on the tax duplicates for the	45234
year in which the controlling board approved the project is less	45235
than the amount of the first installment of bond anticipation	45236
notes, there shall be paid from the school district's project	45237
construction fund to the school district's bond retirement fund to	45238
be applied against such notes an amount sufficient to cause the	45239
net bonded indebtedness of the school district, as of the first	45240
day of the year following the year in which the controlling board	45241
approved the project, to be within five thousand dollars of the	45242
required level of indebtedness for the year in which the	45243
controlling board approved the project. The maximum amount of	45244
indebtedness to be incurred by any school district board as its	45245
share of the cost of the project is either an amount that will	45246
cause its net bonded indebtedness, as of the first day of the year	45247
following the year in which the controlling board approved the	45248
project, to be within five thousand dollars of the required level	45249
of indebtedness, or an amount equal to the required percentage of	45250
the basic project costs, whichever is greater. All bonds and bond	45251
anticipation notes shall be issued in accordance with Chapter 133.	45252
of the Revised Code, and notes may be renewed as provided in	45253
section 133.22 of the Revised Code.	45254

(B) The transfer of such funds of the school district board	45255
available for the project, together with the proceeds of the sale	45256
of the bonds or notes, except premium, accrued interest, and	45257
interest included in the amount of the issue, to the school	45258
district's project construction fund;	45259

(C) For all school districts except joint vocational school	45260
districts that receive assistance under sections 3318.40 to	45261
3318.45 of the Revised Code, the following provisions as	45262
applicable:	45263

(1) If section 3318.052 of the Revised Code applies, the	45264
earmarking of the proceeds of a tax levied under section 5705.21	45265
of the Revised Code for general permanent improvements or under	45266
section 5705.218 of the Revised Code for the purpose of permanent	45267
improvements, or the proceeds of a school district income tax	45268
levied under Chapter 5748. of the Revised Code, or the proceeds	45269
from a combination of those two taxes, in an amount to pay all or	45270
part of the service charges on bonds issued to pay the school	45271
district portion of the project and an amount equivalent to all or	45272
part of the tax required under division (B) of section 3318.05 of	45273
the Revised Code;	45274

(2) If section 3318.052 of the Revised Code does not apply,	45275
one of the following:	45276

(a) The levy of the tax authorized at the election for the	45277
payment of maintenance costs, as specified in division (B) of	45278
section 3318.05 of the Revised Code;	45279

(b) If the school district electors have approved a	45280
continuing tax for general permanent improvements under section	45281
5705.21 of the Revised Code and that tax can be used for	45282
maintenance, the earmarking of an amount of the proceeds from such	45283
tax for maintenance of classroom facilities as specified in	45284
division (B) of section 3318.05 of the Revised Code;	45285

(c) If, in lieu of the tax otherwise required under division	45286
(B) of section 3318.05 of the Revised Code, the commission has	45287
approved the transfer of money to the maintenance fund in	45288
accordance with section 3318.051 of the Revised Code, a	45289
requirement that the district board comply with the provisions of	45290
that section. The district board may rescind the provision	45291
prescribed under division (C)(2)(c) of this section only so long	45292
as the electors of the district have approved, in accordance with	45293
section 3318.063 of the Revised Code, the levy of a tax for the	45294
maintenance of the classroom facilities acquired under the	45295
district's project and that levy continues to be collected as	45296
approved by the electors.	45297

(D) For joint vocational school districts that receive	45298
assistance under sections 3318.40 to 3318.45 of the Revised Code,	45299
provision for deposit of school district moneys dedicated to	45300
maintenance of the classroom facilities acquired under those	45301
sections as prescribed in section 3318.43 of the Revised Code;	45302

(E) Dedication of any local donated contribution as provided	45303
for under section 3318.084 of the Revised Code, including a	45304
schedule for depositing such moneys applied as an offset of the	45305
district's obligation to levy the tax described in division (B) of	45306
section 3318.05 of the Revised Code as required under division	45307
(D)(2) of section 3318.084 of the Revised Code;	45308

(F) Ownership of or interest in the project during the period	45309
of construction, which shall be divided between the commission and	45310
the school district board in proportion to their respective	45311
contributions to the school district's project construction fund;	45312

(G) Maintenance of the state's interest in the project until	45313
any obligations issued for the project under section 3318.26 of	45314
the Revised Code are no longer outstanding;	45315

(H) The insurance of the project by the school district from	45316
the time there is an insurable interest therein and so long as the	45317
state retains any ownership or interest in the project pursuant to	45318
division (F) of this section, in such amounts and against such	45319
risks as the commission shall require; provided, that the cost of	45320
any required insurance until the project is completed shall be a	45321
part of the basic project cost;	45322

(I) The certification by the director of budget and	45323
management that funds are available and have been set aside to	45324
meet the state's share of the basic project cost as approved by	45325
the controlling board pursuant to either section 3318.04 or	45326
division (B)(1) of section 3318.41 of the Revised Code;	45327

(J) Authorization of the school district board to advertise	45328
for and receive construction bids for the project, for and on	45329
behalf of the commission, and to award contracts in the name of	45330
the state subject to approval by the commission;	45331

(K) Provisions for the disbursement of moneys from the school	45332
district's project account upon issuance by the commission or the	45333
commission's designated representative of vouchers for work done	45334
to be certified to the commission by the treasurer of the school	45335
district board;	45336

(L) Disposal of any balance left in the school district's	45337
project construction fund upon completion of the project;	45338

(M) Limitations upon use of the project or any part of it so	45339
long as any obligations issued to finance the project under	45340
section 3318.26 of the Revised Code are outstanding;	45341

(N) Provision for vesting the state's interest in the project	45342
to the school district board when the obligations issued to	45343
finance the project under section 3318.26 of the Revised Code are	45344
outstanding;	45345

(O) Provision for deposit of an executed copy of the	45346
agreement in the office of the commission;	45347

(P) Provision for termination of the contract and release of	45348
the funds encumbered at the time of the conditional approval, if	45349
the proceeds of the sale of the bonds of the school district board	45350
are not paid into the school district's project construction fund	45351
and if bids for the construction of the project have not been	45352
taken within such period after the execution of the agreement as	45353
may be fixed by the commission;	45354

(Q) Provision for the school district to maintain the project	45355
in accordance with a plan approved by the commission;	45356

(R) Provision that all state funds reserved and encumbered to	45357
pay the state share of the cost of the project and the funds	45358
provided by the school district to pay for its share of the	45359
project cost, including the respective shares of the cost of a	45360
segment if the project is divided into segments, be spent on the	45361
construction and acquisition of the project or segment	45362
simultaneously in proportion to the state's and the school	45363
district's respective shares of that basic project cost as	45364
determined under section 3318.032 of the Revised Code or, if the	45365
district is a joint vocational school district, under section	45366
3318.42 of the Revised Code. However, if the school district	45367
certifies to the commission that expenditure by the school	45368
district is necessary to maintain the federal tax status or	45369
tax-exempt status of notes or bonds issued by the school district	45370
to pay for its share of the project cost or to comply with	45371
applicable temporary investment periods or spending exceptions to	45372
rebate as provided for under federal law in regard to those notes	45373
or bonds, the school district may commit to spend, or spend, a	45374
greater portion of the funds it provides during any specific	45375
period than would otherwise be required under this division.	45376

(S) A provision stipulating that the commission may prohibit	45377
the district from proceeding with any project if the commission	45378
determines that the site is not suitable for construction	45379
purposes. The commission may perform soil tests in its	45380
determination of whether a site is appropriate for construction	45381
purposes.	45382

(T) A provision stipulating that, unless otherwise authorized	45383
by the commission, any contingency reserve portion of the	45384
construction budget prescribed by the commission shall be used	45385
only to pay costs resulting from unforeseen job conditions, to	45386
comply with rulings regarding building and other codes, to pay	45387
costs related to design clarifications or corrections to contract	45388
documents, and to pay the costs of settlements or judgments	45389
related to the project as provided under section 3318.086 of the	45390
Revised Code;	45391

(U) ~~Provision~~A provision stipulating that for continued	45392
release of project funds the school district board shall comply	45393
with ~~section~~sections 3313.41 and 3313.411 of the Revised Code	45394
throughout the project and shall notify the department of	45395
education and the Ohio community school association when the board	45396
plans to dispose of facilities by sale under that section;	45397

(V) ~~Provision~~A provision stipulating that the commission	45398
shall not approve a contract for demolition of a facility until	45399
the school district board has complied with ~~section~~sections	45400
3313.41 and 3313.411 of the Revised Code relative to that	45401
facility, unless demolition of that facility is to clear a site	45402
for construction of a replacement facility included in the	45403
district's project;	45404

(W) A requirement for the school district to adhere to a	45405
facilities maintenance plan approved by the commission.	45406

Sec. 3318.31. (A) The Ohio school facilities commission may	45407
perform any act and ensure the performance of any function	45408
necessary or appropriate to carry out the purposes of, and	45409
exercise the powers granted under, Chapter 3318. of the Revised	45410
Code, including any of the following:	45411

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	45412
the Revised Code, rules for the administration of programs	45413
authorized under Chapter 3318. of the Revised Code.	45414

(2) Contract with, retain the services of, or designate, and	45415
fix the compensation of, such agents, accountants, consultants,	45416
advisers, and other independent contractors as may be necessary or	45417
desirable to carry out the programs authorized under Chapter 3318.	45418
of the Revised Code, or authorize the executive director to	45419
perform such powers and duties.	45420

(3) Receive and accept any gifts, grants, donations, and	45421
pledges, and receipts therefrom, to be used for the programs	45422
authorized under Chapter 3318. of the Revised Code.	45423

(4) Make and enter into all contracts, commitments, and	45424
agreements, and execute all instruments, necessary or incidental	45425
to the performance of its duties and the execution of its rights	45426
and powers under Chapter 3318. of the Revised Code, or authorize	45427
the executive director or the Ohio facilities construction	45428
commission to perform such powers and duties.	45429

(5) Request the Ohio facilities construction commission to	45430
debar a contractor as provided in section 153.02 of the Revised	45431
Code.	45432

(B) The ~~Ohio school facilities commission shall appoint and~~	45433
~~fix the compensation of an~~ executive director ~~who~~of the Ohio	45434
facilities construction commission, as appointed under division	45435
(B) of section 123.21 of the Revised Code, shall also serve ~~at the~~	45436
~~pleasure of~~as the executive director for the Ohio school	45437
facilities commission. The executive director shall exercise all	45438
powers that the Ohio school facilities commission possesses,	45439
supervise the operations of the Ohio school facilities commission	45440
and perform such other duties as delegated by the Ohio school	45441
facilities commission. The executive director also shall employ	45442
and fix the compensation of such employees as will facilitate the	45443
activities and purposes of the Ohio school facilities commission,	45444
who shall serve at the pleasure of the executive director. The	45445
employees of the Ohio school facilities commission shall be exempt	45446
from Chapter 4117. of the Revised Code and shall not be public	45447
employees as defined in section 4117.01 of the Revised Code. Any	45448
agreement entered into prior to July 1, 2012, between the office	45449
of collective bargaining and the exclusive representative for	45450
employees of the commission is binding and shall continue to have	45451
effect.	45452

(C) The attorney general shall serve as the legal	45453
representative for the Ohio school facilities commission and may	45454
appoint other counsel as necessary for that purpose in accordance	45455
with section 109.07 of the Revised Code.	45456

Sec. 3318.363. (A) This section applies beginning in fiscal	45457
year 2003 and only to a school district participating in the	45458
school building assistance expedited local partnership program	45459
under section 3318.36 of the Revised Code.	45460

(B) If there is a decrease in the tax valuation of a school	45461
district to which this section applies by ten per cent or greater	45462
from one tax year to the next due to a decrease in the assessment	45463
rate of the taxable property of an electric company that owns	45464
property in the district, as provided for in section 5727.111 of	45465
the Revised Code as amended by Am. Sub. S.B. 3 of the 123rd	45466
General Assembly, the Ohio school facilities commission shall	45467
calculate or recalculate the state and school district portions of	45468
the basic project cost of the school district's project by	45469
determining the percentile rank in which the district would be	45470
located if such ranking were made using the adjusted valuation per	45471
pupil calculated under division (C) of this section rather than	45472
the three-year average adjusted valuation per pupil, calculated	45473
under division (B) of section 3318.011 of the Revised Code. For	45474
such district, the required percentage of the basic project cost	45475
used to determine the state and school district shares of that	45476
cost under division (C) of section 3318.36 of the Revised Code	45477
shall be based on the percentile rank as calculated under this	45478
section rather than as otherwise provided in division (C)(1) of	45479
section 3318.36 of the Revised Code. If the commission has	45480
determined the state and school district portion of the basic	45481
project cost of such a district's project under section 3318.36 of	45482
the Revised Code prior to that decrease in tax valuation, the	45483
commission shall adjust the state and school district shares of	45484
the basic project cost of such project in accordance with this	45485
section.	45486

(C)(1) As used in divisions (C) and (D) of this section,	45487
"total taxable value," and "formula ADM," ~~and "income factor"~~ have	45488
the same meanings as in section 3317.02 of the Revised Code, and	45489
"income factor" has the same meaning as in section 3318.011 of the	45490
Revised Code.	45491

(2) The adjusted valuation per pupil for a school district to	45492
which this section applies shall be calculated using the following	45493
formula:	45494

(The district's total taxable value for the tax year	45495
preceding the calendar year in which the current fiscal year	45496
begins / the district's formula ADM for the previous fiscal year)	45497
- [$30,000 x (1 - the district's income factor)].	45498

(D) At the request of the Ohio school facilities commission,	45499
the department of education shall report a district's total	45500
taxable value for the tax year preceding the calendar year in	45501
which the current fiscal year begins for any district to which	45502
this section applies as that information has been certified to the	45503
department by the tax commissioner pursuant to section 3317.021 of	45504
the Revised Code.	45505

Sec. 3319.031. Notwithstanding any provision of the Revised	45506
Code to the contrary, if the board of education of a city, local,	45507
or exempted village school district does not appoint a business	45508
manager under section 3319.03 of the Revised Code, the board may	45509
assign powers and duties specified in section 3319.04 of the	45510
Revised Code to one or more employees or officers of the board,	45511
including the treasurer, and may give the employees or officers	45512
any title recognizing the assignment of the powers and duties. The	45513
prohibition, in section 3319.04 of the Revised Code, against a	45514
business manager having possession of moneys does not prevent a	45515
board from assigning powers and duties specified in that section	45516
to the treasurer and does not prevent a treasurer who is assigned	45517
those powers and duties from exercising the powers and duties of	45518
treasurer. If the board assigns the duties of a business manager	45519
under section 3319.04 of the Revised Code to the treasurer, the	45520
treasurer shall not have the authority to make recommendations to	45521
appoint or discharge noneducational employees, except as provided	45522
under section 3313.31 of the Revised Code. Instead, the district	45523
superintendent shall be responsible for making recommendations,	45524
subject to confirmation by the board, for the appointment or	45525
discharge of noneducational employees.	45526

Sec. 3319.073. (A) The board of education of each city and	45527
exempted village school district and the governing board of each	45528
educational service center shall adopt or adapt the curriculum	45529
developed by the department of education for, or shall develop in	45530
consultation with public or private agencies or persons involved	45531
in child abuse prevention or intervention programs, a program of	45532
in-service training in the prevention of child abuse, violence,	45533
and substance abuse and the promotion of positive youth	45534
development. Each person employed by any school district or	45535
service center to work in a school as a nurse, teacher, counselor,	45536
school psychologist, or administrator shall complete at least four	45537
hours of the in-service training within two years of commencing	45538
employment with the district or center, and every five years	45539
thereafter. A person who is employed by any school district or	45540
service center to work in an elementary school as a nurse,	45541
teacher, counselor, school psychologist, or administrator on March	45542
30, 2007, shall complete at least four hours of the in-service	45543
training not later than March 30, 2009, and every five years	45544
thereafter. A person who is employed by any school district or	45545
service center to work in a middle or high school as a nurse,	45546
teacher, counselor, school psychologist, or administrator on	45547
October 16, 2009, shall complete at least four hours of the	45548
in-service training not later than October 16, 2011, and every	45549
five years thereafter.	45550

(B) Each board shall incorporate training in school safety	45551
and violence prevention, including human trafficking content, into	45552
the in-service training required by division (A) of this section.	45553
For this purpose, the board shall adopt or adapt the curriculum	45554
developed by the department or shall develop its own curriculum in	45555
consultation with public or private agencies or persons involved	45556
in school safety and violence prevention programs.	45557

(C) Each board shall incorporate training on the board's	45558
harassment, intimidation, or bullying policy adopted under section	45559
3313.666 of the Revised Code into the in-service training required	45560
by division (A) of this section. Each board also shall incorporate	45561
training in the prevention of dating violence into the in-service	45562
training required by that division for middle and high school	45563
employees. The board shall develop its own curricula for these	45564
purposes.	45565

(D) Each board shall incorporate training in youth suicide	45566
awareness and prevention into the in-service training required by	45567
division (A) of this section for each person employed by a school	45568
district or service center to work in a school as a nurse,	45569
teacher, counselor, school psychologist, or administrator, and any	45570
other personnel that the board determines appropriate. For this	45571
purpose, the board shall adopt or adapt the curriculum developed	45572
by the department or shall develop its own curriculum in	45573
consultation with public or private agencies or persons involved	45574
in youth suicide awareness and prevention programs.	45575

The training completed under this division shall count toward	45576
the satisfaction of requirements for professional development	45577
required by the school district or service center board, and the	45578
training may be accomplished through self-review of suitable	45579
suicide prevention materials approved by the board.	45580

Sec. 3319.17. (A) As used in this section, "interdistrict	45581
contract" means any contract or agreement entered into by an	45582
educational service center governing board and another board or	45583
other public entity pursuant to section 3313.17, 3313.841,	45584
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	45585
Revised Code, including any such contract or agreement for the	45586
provision of services funded under division (E) of section	45587
3317.024 of the Revised Code ~~or provided in any unit approved~~	45588
~~under section 3317.05 of the Revised Code~~.	45589

(B) When, for any of the following reasons that apply to any	45590
city, exempted village, local, or joint vocational school district	45591
or any educational service center, the board decides that it will	45592
be necessary to reduce the number of teachers it employs, it may	45593
make a reasonable reduction:	45594

(1) In the case of any district or service center, return to	45595
duty of regular teachers after leaves of absence including	45596
suspension of schools, territorial changes affecting the district	45597
or center, or financial reasons;	45598

(2) In the case of any city, exempted village, local, or	45599
joint vocational school district, decreased enrollment of pupils	45600
in the district;	45601

(3) In the case of any governing board of a service center	45602
providing any particular service directly to pupils pursuant to	45603
one or more interdistrict contracts requiring such service,	45604
reduction in the total number of pupils the governing board is	45605
required to provide with the service under all interdistrict	45606
contracts as a result of the termination or nonrenewal of one or	45607
more of these interdistrict contracts;	45608

(4) In the case of any governing board providing any	45609
particular service that it does not provide directly to pupils	45610
pursuant to one or more interdistrict contracts requiring such	45611
service, reduction in the total level of the service the governing	45612
board is required to provide under all interdistrict contracts as	45613
a result of the termination or nonrenewal of one or more of these	45614
interdistrict contracts.	45615

(C) In making any such reduction, any city, exempted village,	45616
local, or joint vocational school board shall proceed to suspend	45617
contracts in accordance with the recommendation of the	45618
superintendent of schools who shall, within each teaching field	45619
affected, give preference to teachers on continuing contracts. The	45620
board shall not give preference to any teacher based on seniority,	45621
except when making a decision between teachers who have comparable	45622
evaluations.	45623

On a case-by-case basis, in lieu of suspending a contract in	45624
whole, a board may suspend a contract in part, so that an	45625
individual is required to work a percentage of the time the	45626
employee otherwise is required to work under the contract and	45627
receives a commensurate percentage of the full compensation the	45628
employee otherwise would receive under the contract.	45629

The teachers whose continuing contracts are suspended by any	45630
board pursuant to this section shall have the right of restoration	45631
to continuing service status by that board if and when teaching	45632
positions become vacant or are created for which any of such	45633
teachers are or become qualified. No teacher whose continuing	45634
contract has been suspended pursuant to this section shall lose	45635
that right of restoration to continuing service status by reason	45636
of having declined recall to a position that is less than	45637
full-time or, if the teacher was not employed full-time just prior	45638
to suspension of the teacher's continuing contract, to a position	45639
requiring a lesser percentage of full-time employment than the	45640
position the teacher last held while employed in the district or	45641
service center. Seniority shall not be the basis for rehiring a	45642
teacher, except when making a decision between teachers who have	45643
comparable evaluations.	45644

(D) Notwithstanding any provision to the contrary in Chapter	45645
4117. of the Revised Code:	45646

(1) The requirements of this section, as it existed prior to	45647
~~the effective date of this amendment~~September 29, 2011, prevail	45648
over any conflicting provisions of agreements between employee	45649
organizations and public employers entered into between September	45650
29, 2005, and ~~that effective date~~September 29, 2011;	45651

(2) The requirements of this section, as it exists on and	45652
after ~~the effective date of this amendment~~September 29, 2011,	45653
prevail over any conflicting provisions of agreements between	45654
employee organizations and public employers entered into on or	45655
after ~~that effective date~~September 29, 2011.	45656

Sec. 3319.22. (A)(1) The state board of education shall	45657
issue the following educator licenses:	45658

(a) A resident educator license, which shall be valid for	45659
four years, except that the state board, on a case-by-case basis,	45660
may extend the license's duration as necessary to enable the	45661
license holder to complete the Ohio teacher residency program	45662
established under section 3319.223 of the Revised Code;	45663

(b) A professional educator license, which shall be valid for	45664
five years and shall be renewable;	45665

(c) A senior professional educator license, which shall be	45666
valid for five years and shall be renewable;	45667

(d) A lead professional educator license, which shall be	45668
valid for five years and shall be renewable.	45669

(2) The state board may issue any additional educator	45670
licenses of categories, types, and levels the board elects to	45671
provide.	45672

(3) The state board shall adopt rules establishing the	45673
standards and requirements for obtaining each educator license	45674
issued under this section.	45675

(B) The rules adopted under this section shall require at	45676
least the following standards and qualifications for the educator	45677
licenses described in division (A)(1) of this section:	45678

(1) An applicant for a resident educator license shall hold	45679
at least a bachelor's degree from an accredited teacher	45680
preparation program or be a participant in the teach for America	45681
program and meet the qualifications required under section	45682
3319.227 of the Revised Code.	45683

(2) An applicant for a professional educator license shall:

45684

(a) Hold at least a bachelor's degree from an institution of	45685
higher education accredited by a regional accrediting	45686
organization;	45687

(b) Have successfully completed the Ohio teacher residency	45688
program established under section 3319.223 of the Revised Code, if	45689
the applicant's current or most recently issued license is a	45690
resident educator license issued under this section or an	45691
alternative resident educator license issued under section 3319.26	45692
of the Revised Code.	45693

(3) An applicant for a senior professional educator license	45694
shall:	45695

(a) Hold at least a master's degree from an institution of	45696
higher education accredited by a regional accrediting	45697
organization;	45698

(b) Have previously held a professional educator license	45699
issued under this section or section 3319.222 or under former	45700
section 3319.22 of the Revised Code;	45701

(c) Meet the criteria for the accomplished or distinguished	45702
level of performance, as described in the standards for teachers	45703
adopted by the state board under section 3319.61 of the Revised	45704
Code.	45705

(4) An applicant for a lead professional educator license	45706
shall:	45707

(a) Hold at least a master's degree from an institution of	45708
higher education accredited by a regional accrediting	45709
organization;	45710

(b) Have previously held a professional educator license or a	45711
senior professional educator license issued under this section or	45712
a professional educator license issued under section 3319.222 or	45713
former section 3319.22 of the Revised Code;	45714

(c) Meet the criteria for the distinguished level of	45715
performance, as described in the standards for teachers adopted by	45716
the state board under section 3319.61 of the Revised Code;	45717

(d) Either hold a valid certificate issued by the national	45718
board for professional teaching standards or meet the criteria for	45719
a master teacher or other criteria for a lead teacher adopted by	45720
the educator standards board under division (F)(4) or (5) of	45721
section 3319.61 of the Revised Code.	45722

(C) The state board shall align the standards and	45723
qualifications for obtaining a principal license with the	45724
standards for principals adopted by the state board under section	45725
3319.61 of the Revised Code.	45726

(D) If the state board requires any examinations for educator	45727
licensure, the department of education shall provide the results	45728
of such examinations received by the department to the chancellor	45729
of the Ohio board of regents, in the manner and to the extent	45730
permitted by state and federal law.	45731

(E) Any rules the state board of education adopts, amends, or	45732
rescinds for educator licenses under this section, division (D) of	45733
section 3301.07 of the Revised Code, or any other law shall be	45734
adopted, amended, or rescinded under Chapter 119. of the Revised	45735
Code except as follows:	45736

(1) Notwithstanding division (D) of section 119.03 and	45737
division (A)(1) of section 119.04 of the Revised Code, in the case	45738
of the adoption of any rule or the amendment or rescission of any	45739
rule that necessitates institutions' offering preparation programs	45740
for educators and other school personnel that are approved by the	45741
chancellor of the Ohio board of regents under section 3333.048 of	45742
the Revised Code to revise the curriculum of those programs, the	45743
effective date shall not be as prescribed in division (D) of	45744
section 119.03 and division (A)(1) of section 119.04 of the	45745
Revised Code. Instead, the effective date of such rules, or the	45746
amendment or rescission of such rules, shall be the date	45747
prescribed by section 3333.048 of the Revised Code.	45748

(2) Notwithstanding the authority to adopt, amend, or rescind	45749
emergency rules in division (F) of section 119.03 of the Revised	45750
Code, this authority shall not apply to the state board of	45751
education with regard to rules for educator licenses.	45752

(F)(1) The rules adopted under this section establishing	45753
standards requiring additional coursework for the renewal of any	45754
educator license shall require a school district and a chartered	45755
nonpublic school to establish local professional development	45756
committees. In a nonpublic school, the chief administrative	45757
officer shall establish the committees in any manner acceptable to	45758
such officer. The committees established under this division shall	45759
determine whether coursework that a district or chartered	45760
nonpublic school teacher proposes to complete meets the	45761
requirement of the rules. The department of education shall	45762
provide technical assistance and support to committees as the	45763
committees incorporate the professional development standards	45764
adopted by the state board of education pursuant to section	45765
3319.61 of the Revised Code into their review of coursework that	45766
is appropriate for license renewal. The rules shall establish a	45767
procedure by which a teacher may appeal the decision of a local	45768
professional development committee.	45769

(2) In any school district in which there is no exclusive	45770
representative established under Chapter 4117. of the Revised	45771
Code, the professional development committees shall be established	45772
as described in division (F)(2) of this section.	45773

Not later than the effective date of the rules adopted under	45774
this section, the board of education of each school district shall	45775
establish the structure for one or more local professional	45776
development committees to be operated by such school district. The	45777
committee structure so established by a district board shall	45778
remain in effect unless within thirty days prior to an anniversary	45779
of the date upon which the current committee structure was	45780
established, the board provides notice to all affected district	45781
employees that the committee structure is to be modified.	45782
Professional development committees may have a district-level or	45783
building-level scope of operations, and may be established with	45784
regard to particular grade or age levels for which an educator	45785
license is designated.	45786

Each professional development committee shall consist of at	45787
least three classroom teachers employed by the district, one	45788
principal employed by the district, and one other employee of the	45789
district appointed by the district superintendent. For committees	45790
with a building-level scope, the teacher and principal members	45791
shall be assigned to that building, and the teacher members shall	45792
be elected by majority vote of the classroom teachers assigned to	45793
that building. For committees with a district-level scope, the	45794
teacher members shall be elected by majority vote of the classroom	45795
teachers of the district, and the principal member shall be	45796
elected by a majority vote of the principals of the district,	45797
unless there are two or fewer principals employed by the district,	45798
in which case the one or two principals employed shall serve on	45799
the committee. If a committee has a particular grade or age level	45800
scope, the teacher members shall be licensed to teach such grade	45801
or age levels, and shall be elected by majority vote of the	45802
classroom teachers holding such a license and the principal shall	45803
be elected by all principals serving in buildings where any such	45804
teachers serve. The district superintendent shall appoint a	45805
replacement to fill any vacancy that occurs on a professional	45806
development committee, except in the case of vacancies among the	45807
elected classroom teacher members, which shall be filled by vote	45808
of the remaining members of the committee so selected.	45809

Terms of office on professional development committees shall	45810
be prescribed by the district board establishing the committees.	45811
The conduct of elections for members of professional development	45812
committees shall be prescribed by the district board establishing	45813
the committees. A professional development committee may include	45814
additional members, except that the majority of members on each	45815
such committee shall be classroom teachers employed by the	45816
district. Any member appointed to fill a vacancy occurring prior	45817
to the expiration date of the term for which a predecessor was	45818
appointed shall hold office as a member for the remainder of that	45819
term.	45820

The initial meeting of any professional development	45821
committee, upon election and appointment of all committee members,	45822
shall be called by a member designated by the district	45823
superintendent. At this initial meeting, the committee shall	45824
select a chairperson and such other officers the committee deems	45825
necessary, and shall adopt rules for the conduct of its meetings.	45826
Thereafter, the committee shall meet at the call of the	45827
chairperson or upon the filing of a petition with the district	45828
superintendent signed by a majority of the committee members	45829
calling for the committee to meet.	45830

(3) In the case of a school district in which an exclusive	45831
representative has been established pursuant to Chapter 4117. of	45832
the Revised Code, professional development committees shall be	45833
established in accordance with any collective bargaining agreement	45834
in effect in the district that includes provisions for such	45835
committees.	45836

If the collective bargaining agreement does not specify a	45837
different method for the selection of teacher members of the	45838
committees, the exclusive representative of the district's	45839
teachers shall select the teacher members.	45840

If the collective bargaining agreement does not specify a	45841
different structure for the committees, the board of education of	45842
the school district shall establish the structure, including the	45843
number of committees and the number of teacher and administrative	45844
members on each committee; the specific administrative members to	45845
be part of each committee; whether the scope of the committees	45846
will be district levels, building levels, or by type of grade or	45847
age levels for which educator licenses are designated; the lengths	45848
of terms for members; the manner of filling vacancies on the	45849
committees; and the frequency and time and place of meetings.	45850
However, in all cases, except as provided in division (F)(4) of	45851
this section, there shall be a majority of teacher members of any	45852
professional development committee, there shall be at least five	45853
total members of any professional development committee, and the	45854
exclusive representative shall designate replacement members in	45855
the case of vacancies among teacher members, unless the collective	45856
bargaining agreement specifies a different method of selecting	45857
such replacements.	45858

(4) Whenever an administrator's coursework plan is being	45859
discussed or voted upon, the local professional development	45860
committee shall, at the request of one of its administrative	45861
members, cause a majority of the committee to consist of	45862
administrative members by reducing the number of teacher members	45863
voting on the plan.	45864

(G)(1) The department of education, educational service	45865
centers, county boards of developmental disabilities, regional	45866
professional development centers, special education regional	45867
resource centers, college and university departments of education,	45868
head start programs, ~~the eTech Ohio commission,~~ and the Ohio	45869
education computer network may establish local professional	45870
development committees to determine whether the coursework	45871
proposed by their employees who are licensed or certificated under	45872
this section or section 3319.222 of the Revised Code, or under the	45873
former version of either section as it existed prior to October	45874
16, 2009, meet the requirements of the rules adopted under this	45875
section. They may establish local professional development	45876
committees on their own or in collaboration with a school district	45877
or other agency having authority to establish them.	45878

Local professional development committees established by	45879
county boards of developmental disabilities shall be structured in	45880
a manner comparable to the structures prescribed for school	45881
districts in divisions (F)(2) and (3) of this section, as shall	45882
the committees established by any other entity specified in	45883
division (G)(1) of this section that provides educational services	45884
by employing or contracting for services of classroom teachers	45885
licensed or certificated under this section or section 3319.222 of	45886
the Revised Code, or under the former version of either section as	45887
it existed prior to October 16, 2009. All other entities specified	45888
in division (G)(1) of this section shall structure their	45889
committees in accordance with guidelines which shall be issued by	45890
the state board.	45891

(2) Any public agency that is not specified in division	45892
(G)(1) of this section but provides educational services and	45893
employs or contracts for services of classroom teachers licensed	45894
or certificated under this section or section 3319.222 of the	45895
Revised Code, or under the former version of either section as it	45896
existed prior to October 16, 2009, may establish a local	45897
professional development committee, subject to the approval of the	45898
department of education. The committee shall be structured in	45899
accordance with guidelines issued by the state board.	45900

Sec. 3319.235. (A) The standards for the preparation of	45901
teachers adopted under section 3333.048 of the Revised Code shall	45902
require any institution that provides a course of study for the	45903
training of teachers to ensure that graduates of such course of	45904
study are skilled at integrating educational technology in the	45905
instruction of children, as evidenced by the graduate having	45906
either demonstrated proficiency in such skills in a manner	45907
prescribed by the department of education or completed a course	45908
that includes training in such skills.	45909

(B) The ~~eTech Ohio commission~~chancellor of the Ohio board of	45910
regents, in consultation with the department of education, shall	45911
establish model professional development programs to assist	45912
teachers who completed their teacher preparation prior to the	45913
effective date of division (A) of this section to become skilled	45914
at integrating educational technology in the instruction of	45915
children. The ~~commission~~chancellor shall provide technical	45916
assistance to school districts wishing to establish such programs.	45917

Sec. 3319.57. (A) A grant program is hereby established	45918
under which the department of education shall award grants to	45919
assist certain schools in a city, exempted village, local, or	45920
joint vocational school district in implementing one of the	45921
following innovations:	45922

(1) The use of instructional specialists to mentor and	45923
support classroom teachers;	45924

(2) The use of building managers to supervise the	45925
administrative functions of school operation so that a school	45926
principal can focus on supporting instruction, providing	45927
instructional leadership, and engaging teachers as part of the	45928
instructional leadership team;	45929

(3) The reconfiguration of school leadership structure in a	45930
manner that allows teachers to serve in leadership roles so that	45931
teachers may share the responsibility for making and implementing	45932
school decisions;	45933

(4) The adoption of new models for restructuring the school	45934
day or school year, such as including teacher planning and	45935
collaboration time as part of the school day;	45936

(5) The creation of smaller schools or smaller units within	45937
larger schools for the purpose of facilitating teacher	45938
collaboration to improve and advance the professional practice of	45939
teaching;	45940

(6) The implementation of "grow your own" recruitment	45941
strategies that are designed to assist individuals who show a	45942
commitment to education become licensed teachers, to assist	45943
experienced teachers obtain licensure in subject areas for which	45944
there is need, and to assist teachers in becoming principals;	45945

(7) The provision of better conditions for new teachers, such	45946
as reduced teaching load and reduced class size;	45947

(8) The provision of incentives to attract qualified	45948
mathematics, science, or special education teachers;	45949

(9) The development and implementation of a partnership with	45950
teacher preparation programs at colleges and universities to help	45951
attract teachers qualified to teach in shortage areas;	45952

(10) The implementation of a program to increase the cultural	45953
competency of both new and veteran teachers;	45954

(11) The implementation of a program to increase the subject	45955
matter competency of veteran teachers.	45956

(B) To qualify for a grant to implement one of the	45957
innovations described in division (A) of this section, a school	45958
must meet both of the following criteria:	45959

(1) Be hard to staff, as defined by the department.

45960

(2) Use existing school district funds for the implementation	45961
of the innovation in an amount equal to the grant amount	45962
multiplied by (1 - the district's state share ~~percentage~~index for	45963
the fiscal year in which the grant is awarded).	45964

For purposes of division (B)(2) of this section, "state share	45965
~~percentage~~index" has the same meaning as in section 3317.02 of	45966
the Revised Code.	45967

(C) The amount and number of grants awarded under this	45968
section shall be determined by the department based on any	45969
appropriations made by the general assembly for grants under this	45970
section.	45971

(D) The state board of education shall adopt rules for the	45972
administration of this grant program.	45973

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	45974
"guardian," or "other person having charge or care of a child"	45975
means either parent unless the parents are separated or divorced	45976
or their marriage has been dissolved or annulled, in which case	45977
"parent" means the parent who is the residential parent and legal	45978
custodian of the child. If the child is in the legal or permanent	45979
custody of a person or government agency, "parent" means that	45980
person or government agency. When a child is a resident of a home,	45981
as defined in section 3313.64 of the Revised Code, and the child's	45982
parent is not a resident of this state, "parent," "guardian," or	45983
"other person having charge or care of a child" means the head of	45984
the home.	45985

A child between six and eighteen years of age is "of	45986
compulsory school age" for the purpose of sections 3321.01 to	45987
3321.13 of the Revised Code. A child under six years of age who	45988
has been enrolled in kindergarten also shall be considered "of	45989
compulsory school age" for the purpose of sections 3321.01 to	45990
3321.13 of the Revised Code unless at any time the child's parent	45991
or guardian, at the parent's or guardian's discretion and in	45992
consultation with the child's teacher and principal, formally	45993
withdraws the child from kindergarten. The compulsory school age	45994
of a child shall not commence until the beginning of the term of	45995
such schools, or other time in the school year fixed by the rules	45996
of the board of the district in which the child resides.	45997

(2) No child shall be admitted to a kindergarten or a first	45998
grade of a public school in a district in which all children are	45999
admitted to kindergarten and the first grade in August or	46000
September unless the child is five or six years of age,	46001
respectively, by the thirtieth day of September of the year of	46002
admittance, or by the first day of a term or semester other than	46003
one beginning in August or September in school districts granting	46004
admittance at the beginning of such term or semester, unless the	46005
child has been recommended for early admittance in accordance with	46006
the district's acceleration policy adopted under section 3324.10	46007
of the Revised Code. A child who does not meet the age requirement	46008
for admittance to kindergarten or first grade shall be evaluated	46009
for early admittance upon referral by the child's parent or	46010
guardian, an educator employed by the district, a preschool	46011
educator who knows the child, or a pediatrician or psychologist	46012
who knows the child.	46013

(3) Notwithstanding division (A)(2) of this section,	46014
beginning with the school year that starts in 2001 and continuing	46015
thereafter the board of education of any district may adopt a	46016
resolution establishing the first day of August in lieu of the	46017
thirtieth day of September as the required date by which students	46018
must have attained the age specified in that division.	46019

(4) After a student has been admitted to kindergarten in a	46020
school district or chartered nonpublic school, no board of	46021
education of a school district to which the student transfers	46022
shall deny that student admission based on the student's age.	46023

(B) As used in division (C) of this section, "successfully	46024
completed kindergarten" means that the child has completed the	46025
kindergarten requirements at one of the following:	46026

(1) A public or chartered nonpublic school;

46027

(2) A kindergarten class that is both of the following:

46028

(a) Offered by a day-care provider licensed under Chapter	46029
5104. of the Revised Code;	46030

(b) If offered after July 1, 1991, is directly taught by a	46031
teacher who holds one of the following:	46032

(i) A valid educator license issued under section 3319.22 of	46033
the Revised Code;	46034

(ii) A Montessori preprimary credential or age-appropriate	46035
diploma granted by the American Montessori society or the	46036
association Montessori internationale;	46037

(iii) Certification determined under division (F) of this	46038
section to be equivalent to that described in division	46039
(B)(2)(b)(ii) of this section;	46040

(iv) Certification for teachers in nontax-supported schools	46041
pursuant to section 3301.071 of the Revised Code.	46042

(C) Except as provided in division (A)(2) of this section, no	46043
school district shall admit to the first grade any child who has	46044
not successfully completed kindergarten.	46045

(D) The scheduling of times for kindergarten classes and	46046
length of the school day for kindergarten shall be determined by	46047
the board of education of a city, exempted village, or local	46048
school district.	46049

(E) Any kindergarten class offered by a day-care provider or	46050
school described by division (B)(1) or (B)(2)(a) of this section	46051
shall be developmentally appropriate.	46052

(F) Upon written request of a day-care provider described by	46053
division (B)(2)(a) of this section, the department of education	46054
shall determine whether certification held by a teacher employed	46055
by the provider meets the requirement of division (B)(2)(b)(iii)	46056
of this section and, if so, shall furnish the provider a statement	46057
to that effect.	46058

(G) As used in this division, "all-day kindergarten" has the	46059
same meaning as in section 3321.05 of the Revised Code.	46060

(1) Any school district that did not receive for fiscal year	46061
2009 poverty-based assistance for all-day kindergarten under	46062
division (D) of former section 3317.029 of the Revised Code may	46063
charge fees or tuition for students enrolled in all-day	46064
kindergarten. If a district charges fees or tuition for all-day	46065
kindergarten under this division, the district shall develop a	46066
sliding fee scale based on family incomes.	46067

(2) The department of education shall conduct an annual	46068
survey of each school district described in division (G)(1) of	46069
this section to determine the following:	46070

(a) Whether the district charges fees or tuition for students	46071
enrolled in all-day kindergarten;	46072

(b) The amount of the fees or tuition charged;

46073

(c) How many of the students for whom tuition is charged are	46074
eligible for free lunches under the "National School Lunch Act,"	46075
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	46076
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	46077
and how many of the students for whom tuition is charged are	46078
eligible for reduced price lunches under those acts;	46079

(d) How many students are enrolled in traditional half-day	46080
kindergarten rather than all-day kindergarten.	46081

Each district shall report to the department, in the manner	46082
prescribed by the department, the information described in	46083
divisions (G)(2)(a) to (d) of this section.	46084

The department shall issue an annual report on the results of	46085
the survey and shall post the report on its web site. The	46086
department shall issue the first report not later than April 30,	46087
2008, and shall issue a report not later than the thirtieth day of	46088
April each year thereafter.	46089

Sec. 3321.04. Notwithstanding division (D) of section	46090
3311.19 and division (D) of section 3311.52 of the Revised Code,	46091
this section does not apply to any joint vocational or cooperative	46092
education school district or its superintendent.	46093

Every parent of any child of compulsory school age who is not	46094
employed under an age and schooling certificate must send such	46095
child to a school or a special education program that conforms to	46096
the minimum standards prescribed by the state board of education,	46097
for the full time the school or program attended is in session,	46098
which shall not be for less than thirty-two weeks per school year.	46099
Such attendance must begin within the first week of the school	46100
term or program or within one week of the date on which the child	46101
begins to reside in the district or within one week after ~~his~~the	46102
child's withdrawal from employment.	46103

For the purpose of operating a school or program on a	46104
trimester plan, "full time the school attended is in session," as	46105
used in this section means the two trimesters to which the child	46106
is assigned by the board of education. For the purpose of	46107
operating a school or program on a quarterly plan, "full time the	46108
school attended is in session," as used in this section, means the	46109
three quarters to which the child is assigned by the board of	46110
education. For the purpose of operating a school or program on a	46111
pentamester plan, "full time the school is in session," as used in	46112
this section, means the four pentamesters to which the child is	46113
assigned by the board of education.	46114

Excuses from future attendance at or past absence from school	46115
or a special education program may be granted for the causes, by	46116
the authorities, and under the following conditions:	46117

(A) The superintendent of the ~~city or exempted village~~ school	46118
district ~~or the educational service center~~ in which the child	46119
resides may excuse the child from attendance for any part of the	46120
remainder of the current school year upon satisfactory showing of	46121
either of the following facts:	46122

(1) That the child's bodily or mental condition does not	46123
permit attendance at school or a special education program during	46124
such period; this fact is certified in writing by a licensed	46125
physician or, in the case of a mental condition, by a licensed	46126
physician, a licensed psychologist, licensed school psychologist	46127
or a certificated school psychologist; and provision is made for	46128
appropriate instruction of the child, in accordance with Chapter	46129
3323. of the Revised Code;	46130

(2) That the child is being instructed at home by a person	46131
qualified to teach the branches in which instruction is required,	46132
and such additional branches, as the advancement and needs of the	46133
child may, in the opinion of such superintendent, require. In each	46134
such case the issuing superintendent shall file in ~~his~~the	46135
superintendent's office, with a copy of the excuse, papers showing	46136
how the inability of the child to attend school or a special	46137
education program or the qualifications of the person instructing	46138
the child at home were determined. All such excuses shall become	46139
void and subject to recall upon the removal of the disability of	46140
the child or the cessation of proper home instruction; and	46141
thereupon the child or the child's parents may be proceeded	46142
against after due notice whether such excuse be recalled or not.	46143

(B) The state board of education may adopt rules authorizing	46144
the superintendent of schools of the district in which the child	46145
resides to excuse a child over fourteen years of age from	46146
attendance for a future limited period for the purpose of	46147
performing necessary work directly and exclusively for the child's	46148
parents or legal guardians.	46149

All excuses provided for in divisions (A) and (B) of this	46150
section shall be in writing and shall show the reason for excusing	46151
the child. A copy thereof shall be sent to the person in charge of	46152
the child.	46153

(C) The board of education of the ~~city or exempted village~~	46154
school district ~~or the governing board of the educational service~~	46155
~~center in which a public school is located~~ or the governing	46156
authorities of a private or parochial school may in the rules	46157
governing the discipline in such schools, prescribe the authority	46158
by which and the manner in which any child may be excused for	46159
absence from such school for good and sufficient reasons.	46160

The state board of education may by rule prescribe conditions	46161
governing the issuance of excuses, which shall be binding upon the	46162
authorities empowered to issue them.	46163

Sec. 3321.05. (A) As used in this section, "all-day	46164
kindergarten" means a kindergarten class that is in session ~~five~~	46165
~~days per week~~ for not less than the same number of clock hours	46166
each ~~day~~week as for students in grades one through six.	46167

(B) Any school district may operate all-day kindergarten or	46168
extended kindergarten, but no district shall require any student	46169
to attend kindergarten for more than the number of clock hours	46170
required each day for traditional kindergarten by the minimum	46171
standards adopted under division (D) of section 3301.07 of the	46172
Revised Code. Each school district that operates all-day or	46173
extended kindergarten shall accommodate kindergarten students	46174
whose parents or guardians elect to enroll them for the minimum	46175
number of hours.	46176

(C) A school district may use space in child day-care centers	46177
licensed under Chapter 5104. of the Revised Code to provide	46178
all-day kindergarten under this section.	46179

Sec. 3321.13. (A) Whenever any child of compulsory school	46180
age withdraws from school the teacher of that child shall	46181
ascertain the reason for withdrawal. The fact of the withdrawal	46182
and the reason for it shall be immediately transmitted by the	46183
teacher to the superintendent ~~of schools~~ of the city, local, or	46184
exempted village school district ~~or the educational service center~~	46185
~~as the case may be~~. If the child who has withdrawn from school has	46186
done so because of change of residence, the next residence shall	46187
be ascertained and shall be included in the notice thus	46188
transmitted. The superintendent shall thereupon forward a card	46189
showing the essential facts regarding the child and stating the	46190
place of the child's new residence to the superintendent of	46191
schools of the district to which the child has moved.	46192

The superintendent of public instruction may prescribe the	46193
forms to be used in the operation of this division.	46194

(B)(1) Upon receipt of information that a child of compulsory	46195
school age has withdrawn from school for a reason other than	46196
because of change of residence and is not enrolled in and	46197
attending in accordance with school policy an approved program to	46198
obtain a diploma or its equivalent, the superintendent shall	46199
notify the registrar of motor vehicles and the juvenile judge of	46200
the county in which the district is located of the withdrawal and	46201
failure to enroll in and attend an approved program to obtain a	46202
diploma or its equivalent. A notification to the registrar	46203
required by this division shall be given in the manner the	46204
registrar by rule requires and a notification to the juvenile	46205
judge required by this division shall be given in writing. Each	46206
notification shall be given within two weeks after the withdrawal	46207
and failure to enroll in and attend an approved program or its	46208
equivalent.	46209

(2) The board of education of a school district may adopt a	46210
resolution providing that the provisions of division (B)(2) of	46211
this section apply within the district. The provisions of division	46212
(B)(2) of this section do not apply within any school district,	46213
and no superintendent of a school district shall send a	46214
notification of the type described in division (B)(2) of this	46215
section to the registrar of motor vehicles or the juvenile judge	46216
of the county in which the district is located, unless the board	46217
of education of the district has adopted such a resolution. If the	46218
board of education of a school district adopts a resolution	46219
providing that the provisions of division (B)(2) of this section	46220
apply within the district, and if the superintendent of schools of	46221
that district receives information that, during any semester or	46222
term, a child of compulsory school age has been absent without	46223
legitimate excuse from the school the child is supposed to attend	46224
for more than ten consecutive school days or for at least fifteen	46225
total school days, the superintendent shall notify the child and	46226
the child's parent, guardian, or custodian, in writing, that the	46227
information has been provided to the superintendent, that as a	46228
result of that information the child's temporary instruction	46229
permit or driver's license will be suspended or the opportunity to	46230
obtain such a permit or license will be denied, and that the child	46231
and the child's parent, guardian, or custodian may appear in	46232
person at a scheduled date, time, and place before the	46233
superintendent or a designee to challenge the information provided	46234
to the superintendent.	46235

The notification to the child and the child's parent,	46236
guardian, or custodian required by division (B)(2) of this section	46237
shall set forth the information received by the superintendent and	46238
shall inform the child and the child's parent, guardian, or	46239
custodian of the scheduled date, time, and place of the appearance	46240
that they may have before the superintendent or a designee. The	46241
date scheduled for the appearance shall be no earlier than three	46242
and no later than five days after the notification is given,	46243
provided that an extension may be granted upon request of the	46244
child or the child's parent, guardian, or custodian. If an	46245
extension is granted, the superintendent shall schedule a new	46246
date, time, and place for the appearance and shall inform the	46247
child and the child's parent, guardian, or custodian of the new	46248
date, time, and place.	46249

If the child and the child's parent, guardian, or custodian	46250
do not appear before the superintendent or a designee on the	46251
scheduled date and at the scheduled time and place, or if the	46252
child and the child's parent, guardian, or custodian appear before	46253
the superintendent or a designee on the scheduled date and at the	46254
scheduled time and place but the superintendent or a designee	46255
determines that the information the superintendent received	46256
indicating that, during the semester or term, the child had been	46257
absent without legitimate excuse from the school the child was	46258
supposed to attend for more than ten consecutive school days or	46259
for at least fifteen total school days, the superintendent shall	46260
notify the registrar of motor vehicles and the juvenile judge of	46261
the county in which the district is located that the child has	46262
been absent for that period of time and that the child does not	46263
have any legitimate excuse for the habitual absence. A	46264
notification to the registrar required by this division shall be	46265
given in the manner the registrar by rule requires and a	46266
notification to the juvenile judge required by this division shall	46267
be given in writing. Each notification shall be given within two	46268
weeks after the receipt of the information of the habitual absence	46269
from school without legitimate excuse, or, if the child and the	46270
child's parent, guardian, or custodian appear before the	46271
superintendent or a designee to challenge the information, within	46272
two weeks after the appearance.	46273

For purposes of division (B)(2) of this section, a legitimate	46274
excuse for absence from school includes, but is not limited to,	46275
the fact that the child in question has enrolled in another school	46276
or school district in this or another state, the fact that the	46277
child in question was excused from attendance for any of the	46278
reasons specified in section 3321.04 of the Revised Code, or the	46279
fact that the child in question has received an age and schooling	46280
certificate in accordance with section 3331.01 of the Revised	46281
Code.	46282

(3) Whenever a pupil is suspended or expelled from school	46283
pursuant to section 3313.66 of the Revised Code and the reason for	46284
the suspension or expulsion is the use or possession of alcohol, a	46285
drug of abuse, or alcohol and a drug of abuse, the superintendent	46286
of schools of that district may notify the registrar and the	46287
juvenile judge of the county in which the district is located of	46288
such suspension or expulsion. Any such notification of suspension	46289
or expulsion shall be given to the registrar, in the manner the	46290
registrar by rule requires and shall be given to the juvenile	46291
judge in writing. The notifications shall be given within two	46292
weeks after the suspension or expulsion.	46293

(4) Whenever a pupil is suspended, expelled, removed, or	46294
permanently excluded from a school for misconduct included in a	46295
policy that the board of education of a city, exempted village, or	46296
local school district has adopted under division (A) of section	46297
3313.661 of the Revised Code, and the misconduct involves a	46298
firearm or a knife or other weapon as defined in that policy, the	46299
superintendent of schools of that district shall notify the	46300
registrar and the juvenile judge of the county in which the	46301
district is located of the suspension, expulsion, removal, or	46302
permanent exclusion. The notification shall be given to the	46303
registrar in the manner the registrar, by rule, requires and shall	46304
be given to the juvenile judge in writing. The notifications shall	46305
be given within two weeks after the suspension, expulsion,	46306
removal, or permanent exclusion.	46307

(C) A notification of withdrawal, habitual absence without	46308
legitimate excuse, suspension, or expulsion given to the registrar	46309
or a juvenile judge under division (B)(1), (2), (3), or (4) of	46310
this section shall contain the name, address, date of birth,	46311
school, and school district of the child. If the superintendent	46312
finds, after giving a notification of withdrawal, habitual absence	46313
without legitimate excuse, suspension, or expulsion to the	46314
registrar and the juvenile judge under division (B)(1), (2), (3),	46315
or (4) of this section, that the notification was given in error,	46316
the superintendent immediately shall notify the registrar and the	46317
juvenile judge of that fact.	46318

Sec. 3321.14. Notwithstanding division (D) of section	46319
3311.19 and division (D) of section 3311.52 of the Revised Code,	46320
the provisions of this section and sections 3321.15 to 3321.21 of	46321
the Revised Code that apply to a city school district or its	46322
superintendent do not apply to any joint vocational or cooperative	46323
education school district or its superintendent unless otherwise	46324
specified.	46325

The board of education of every city ~~school district and of~~	46326
~~every~~, exempted village, or local school district shall either	46327
employ an attendance officer, and may employ or appoint any	46328
assistants that the board deems advisable, or shall obtain such	46329
services from the educational service center with which the	46330
district has entered into an agreement under section 3313.843 or	46331
3313.845 of the Revised Code, in accordance with the terms	46332
prescribed in that agreement. In	46333

In cities of one hundred thousand population or over, the	46334
board may appoint, subject to the nomination of the district	46335
superintendent ~~of schools~~, one or more pupil-personnel workers and	46336
make provision for the traveling expenses within the school	46337
district of those employees.	46338

Sec. 3321.15. Every governing board of an educational	46339
service center ~~shall~~may employ an educational service center	46340
attendance officer, and may employ or appoint such assistants as	46341
the board deems advisable. The decision to employ an attendance	46342
officer shall be based on consultation with the districts that	46343
have entered into agreements with the educational service center	46344
under section 3313.843 or 3313.845 of the Revised Code and the	46345
services outlined in the agreements. The compensation and	46346
necessary traveling expenses of such attendance officer and	46347
assistants shall be paid out of the educational service center	46348
governing board fund. With the consent and approval of the judge	46349
of the juvenile court, a probation officer of the court may be	46350
designated as the service center attendance officer or as an	46351
assistant. The compensation of the probation officers of the	46352
juvenile court so designated shall be fixed and paid in the same	46353
manner as salaries of other probation officers of the juvenile	46354
court; their traveling expenses as attendance officers which would	46355
not be incurred as probation officers shall be paid out of the	46356
educational service center governing board fund. In addition to	46357
the compensation provided in this section the board may pay such	46358
additional compensation as it deems advisable, to any probation	46359
officer designated as attendance officer and such additional	46360
amount shall be paid from the educational service center governing	46361
board fund. The attendance officer and assistants shall work under	46362
the direction of the educational service center superintendent.	46363
The authority of such attendance officer and assistants ~~shall~~may	46364
extend to all the ~~local~~ school districts served by the service	46365
center pursuant to any agreements entered into under section	46366
3313.843 or 3313.845 of the Revised Code. This section does not	46367
confine their authority to investigate ~~employment~~attendance to	46368
that within the territory of the service center.	46369

Sec. 3323.021. As used in this section, "participating	46370
county DD board" means a county board of developmental	46371
disabilities electing to participate in the provision of or	46372
contracting for educational services for children under division	46373
(D) of section 5126.05 of the Revised Code.	46374

(A) When a school district, educational service center, or	46375
participating county DD board enters into an agreement or contract	46376
with another school district, educational service center, or	46377
participating county DD board to provide educational services to a	46378
disabled child during a school year, both of the following shall	46379
apply:	46380

(1) Beginning with fiscal year 1999, if the provider of the	46381
services intends to increase the amount it charges for some or all	46382
of those services during the next school year or if the provider	46383
intends to cease offering all or part of those services during the	46384
next school year, the provider shall notify the entity for which	46385
the services are provided of these intended changes no later than	46386
the first day of March of the current fiscal year.	46387

(2) Beginning with fiscal year 1999, if the entity for which	46388
services are provided intends to cease obtaining those services	46389
from the provider for the next school year or intends to change	46390
the type or amount of services it obtains from the provider for	46391
the next school year, the entity shall notify the service provider	46392
of these intended changes no later than the first day of March of	46393
the current fiscal year.	46394

(B) School districts, educational service centers,	46395
participating county DD boards, and other applicable governmental	46396
entities shall collaborate where possible to maximize federal	46397
sources of revenue to provide additional funds for special	46398
education related services for disabled children. Annually, each	46399
school district shall report to the department of education any	46400
amounts of ~~money~~such federal revenue the district received	46401
~~through such medical assistance program~~.	46402

(C) The state board of education, the department of	46403
developmental disabilities, and the department of ~~job and family~~	46404
~~services~~medicaid shall develop working agreements for pursuing	46405
additional funds for services for disabled children.	46406

Sec. 3323.03. The state board of education shall, in	46407
consultation with the department of health, the department of	46408
~~mental health~~mental health and addiction services, and the	46409
department of developmental disabilities, establish standards and	46410
procedures for the identification, location, and evaluation of all	46411
children with disabilities residing in the state, including	46412
children with disabilities who are homeless children or are wards	46413
of the state and children with disabilities attending nonpublic	46414
schools, regardless of the severity of their disabilities, and who	46415
are in need of special education and related services. The state	46416
board shall develop and implement a practical method to determine	46417
which children with disabilities are currently receiving needed	46418
special education and related services.	46419

In conducting the evaluation, the board of education of each	46420
school district shall use a variety of assessment tools and	46421
strategies to gather relevant functional, developmental, and	46422
academic information about the child, including information	46423
provided by the child's parent. The board of education of each	46424
school district, in consultation with the county DD board, the	46425
county family and children first council, and the board of	46426
alcohol, drug addiction, and mental health services of each county	46427
in which the school district has territory, shall identify,	46428
locate, and evaluate all children with disabilities residing	46429
within the district to determine which children with disabilities	46430
are not receiving appropriate special education and related	46431
services. In addition, the board of education of each school	46432
district, in consultation with such county boards or council,	46433
shall identify, locate, and evaluate all children with	46434
disabilities who are enrolled by their parents in nonpublic	46435
elementary and secondary schools located within the public school	46436
district, without regard to where those children reside in	46437
accordance with rules of the state board of education or	46438
guidelines of the superintendent of public instruction.	46439

Each county DD board, county family and children first	46440
council, and board of alcohol, drug addiction, and mental health	46441
services and the board's or council's contract agencies may	46442
transmit to boards of education the names and addresses of	46443
children with disabilities who are not receiving appropriate	46444
special education and related services.	46445

Sec. 3323.04. The state board of education, in consultation	46446
with the department of ~~mental health~~mental health and addiction	46447
services and the department of developmental disabilities, shall	46448
establish procedures and standards for the development of	46449
individualized education programs for children with disabilities.	46450

The state board shall require the board of education of each	46451
school district to develop an individualized education program for	46452
each child with a disability who is at least three years of age	46453
and less than twenty-two years of age residing in the district in	46454
a manner that is in accordance with rules of the state board.	46455

Prior to the placement of a child with a disability in a	46456
program operated under section 3323.09 of the Revised Code, the	46457
district board of education shall consult the county DD board of	46458
the county in which the child resides regarding the proposed	46459
placement.	46460

A child with a disability enrolled in a nonpublic school or	46461
facility shall be provided special education and related services,	46462
in accordance with an individualized education program, at no cost	46463
for those services, if the child is placed in, or referred to,	46464
that nonpublic school or facility by the department of education	46465
or a school district.	46466

The IEP team shall review the individualized education	46467
program of each child with a disability periodically, but at least	46468
annually, to determine whether the annual goals for the child are	46469
being achieved, and shall revise the individualized education	46470
program as appropriate.	46471

The state board shall establish procedures and standards to	46472
assure that to the maximum extent appropriate, children with	46473
disabilities, including children in public or private institutions	46474
or other care facilities, shall be educated with children who are	46475
not disabled. Special classes, separate schools, or other removal	46476
of children with disabilities from the regular educational	46477
environment shall be used only when the nature or severity of a	46478
child's disability is such that education in regular classes with	46479
supplementary aids and services cannot be achieved satisfactorily.	46480

If an agency directly affected by a placement decision	46481
objects to such decision, an impartial hearing officer, appointed	46482
by the department of education from a list prepared by the	46483
department, shall conduct a hearing to review the placement	46484
decision. The agencies that are parties to a hearing shall divide	46485
the costs of such hearing equally. The decision of the hearing	46486
officer shall be final, except that any party to the hearing who	46487
is aggrieved by the findings or the decision of the hearing	46488
officer may appeal the findings or decision in accordance with	46489
division (H) of section 3323.05 of the Revised Code or the parent	46490
of any child affected by such decision may present a complaint in	46491
accordance with that section.	46492

Sec. 3323.07. The state board of education shall authorize	46493
the establishment and maintenance of special education and related	46494
services for all children with disabilities who are at least three	46495
years of age and less than twenty-two years of age, including	46496
children with disabilities who have been suspended or expelled	46497
from school, and may authorize special education and related	46498
services for children with disabilities who are less than three	46499
years of age in accordance with rules adopted by the state board.	46500
The state board shall require the boards of education of school	46501
districts, shall authorize the department of ~~mental health~~mental	46502
health and addiction services and the department of developmental	46503
disabilities, and may authorize any other educational agency, to	46504
establish and maintain such special education and related services	46505
in accordance with standards adopted by the state board.	46506

Sec. 3323.08. (A) Each school district shall submit a plan	46507
to the superintendent of public instruction that provides	46508
assurances that the school district will provide for the education	46509
of children with disabilities within its jurisdiction and has in	46510
effect policies, procedures, and programs that are consistent with	46511
the policies and procedures adopted by the state board of	46512
education in accordance with section 612 of the "Individuals with	46513
Disabilities Education Improvement Act of 2004," 20 U.S.C. 1412,	46514
and that meet the conditions applicable to school districts under	46515
section 613 of that act, 20 U.S.C. 1413.	46516

Each district's plan shall do all of the following:

46517

(1) Provide, as specified in section 3323.11 of the Revised	46518
Code and in accordance with standards established by the state	46519
board, for an organizational structure and necessary and qualified	46520
staffing and supervision for the identification of and provision	46521
of special education and related services for children with	46522
disabilities;	46523

(2) Provide, as specified by section 3323.03 of the Revised	46524
Code and in accordance with standards established by the state	46525
board, for the identification, location, and evaluation of all	46526
children with disabilities residing in the district, including	46527
children with disabilities who are homeless children or are wards	46528
of the state and children with disabilities attending private	46529
schools and who are in need of special education and related	46530
services. A practical method shall be developed and implemented to	46531
determine which children with disabilities are currently receiving	46532
needed special education and related services.	46533

(3) Provide, as specified by section 3323.07 of the Revised	46534
Code and standards established by the state board, for the	46535
establishment and maintenance of special education and related	46536
services for children with disabilities who are at least three	46537
years of age and less than twenty-two years of age, including	46538
children with disabilities who have been suspended or expelled	46539
from school.	46540

(4) Provide, as specified by section 3323.04 of the Revised	46541
Code and in accordance with standards adopted by the state board,	46542
for an individualized education program for each child with a	46543
disability who is at least three years of age and less than	46544
twenty-two years of age residing within the district;	46545

(5) Provide, as specified by section 3323.02 of the Revised	46546
Code and in accordance with standards established by the state	46547
board, for special education and related services and a free	46548
appropriate public education for every child with a disability who	46549
is at least three years of age and less than twenty-two years of	46550
age, including children with disabilities who have been suspended	46551
or expelled from school;	46552

(6) Provide procedural safeguards and prior written notice as	46553
required under section 3323.05 of the Revised Code and the	46554
standards established by the state board;	46555

(7) Outline the steps that have been or are being taken to	46556
comply with standards established by the state board.	46557

(B)(1) A school district may arrange, by a cooperative	46558
agreement or contract with one or more school districts or with a	46559
cooperative education or joint vocational school district or an	46560
educational service center, to provide for the identification,	46561
location, and evaluation of children with disabilities, and to	46562
provide special education and related services for such children	46563
that meet the standards established by the state board. A school	46564
district may arrange, by a cooperative agreement or contract, for	46565
the provision of related services for children with disabilities	46566
that meet the standards established by the state board.	46567

(2) A school district shall arrange by interagency agreement	46568
with one or more school districts or with a cooperative education	46569
or joint vocational school district or an educational service	46570
center or other providers of early learning services to provide	46571
for the identification, location, evaluation of children with	46572
disabilities of ages birth through five years of age and for the	46573
transition of children with disabilities at age three in	46574
accordance with the standards established by the state board. A	46575
school district may arrange by interagency agreement with	46576
providers of early learning services to provide special education	46577
and related services for such children that meet the standards	46578
established by the state board.	46579

(3) If at the time an individualized education program is	46580
developed for a child a school district is not providing special	46581
education and related services required by that individualized	46582
education program, the school district may arrange by contract	46583
with a nonpublic entity for the provision of the special education	46584
and related services, provided the special education and related	46585
services meet the standards for special education and related	46586
services established by the state board and is provided within the	46587
state.	46588

(4) Any cooperative agreement or contract under division	46589
(B)(1) or (2) of this section involving a local school district	46590
shall be approved by the governing board of the educational	46591
service center which serves that district.	46592

(C) No plan of a local school district shall be submitted to	46593
the superintendent of public instruction until it has been	46594
approved by the superintendent of the educational service center	46595
which serves that district.	46596

(D) Upon approval of a school district's plan by the	46597
superintendent of public instruction, the district shall	46598
immediately certify students for state funds under section 3317.03	46599
of the Revised Code to implement and maintain such plan. ~~The~~	46600
~~district also shall request approval of classroom units under~~	46601
~~division (B) of section 3317.05 of the Revised Code for which the~~	46602
~~district has adequately identified preschool children with~~	46603
~~disabilities and shall, in accordance with procedures adopted by~~	46604
~~the state board, request approval of units under division (C) of~~	46605
~~section 3317.05 of the Revised Code.~~ The district shall, in	46606
accordance with guidelines adopted by the state board, identify	46607
problems relating to the provision of qualified personnel and	46608
adequate facilities, and indicate the extent to which the cost of	46609
programs required under the plan will exceed anticipated state	46610
reimbursement. Each school district shall immediately implement	46611
the identification, location, and evaluation of children with	46612
disabilities in accordance with this chapter, and shall implement	46613
those parts of the plan involving placement and provision of	46614
special education and related services.	46615

Sec. 3323.09. (A) As used in this section:

46616

(1) "Home" has the meaning given in section 3313.64 of the	46617
Revised Code.	46618

(2) "Preschool child" means a child who is at least age three	46619
but under age six on the thirtieth day of September of an academic	46620
year.	46621

(B) Each county DD board shall establish special education	46622
programs for all children with disabilities who in accordance with	46623
section 3323.04 of the Revised Code have been placed in special	46624
education programs operated by the county board and for preschool	46625
children who are developmentally delayed or at risk of being	46626
developmentally delayed. The board annually shall submit to the	46627
department of education a plan for the provision of these programs	46628
~~and, if applicable, a request for approval of units under section~~	46629
~~3317.05 of the Revised Code~~. The superintendent of public	46630
instruction shall review the plan and approve or modify it in	46631
accordance with rules adopted by the state board of education	46632
under section 3301.07 of the Revised Code. The superintendent of	46633
public instruction shall compile the plans submitted by county	46634
boards and shall submit a comprehensive plan to the state board.	46635

A county DD board may combine transportation for children	46636
enrolled in classes funded under ~~section~~sections 3317.0213 or	46637
3317.20 ~~or units approved under section 3317.05~~ with	46638
transportation for children and adults enrolled in programs and	46639
services offered by the board under Chapter 5126. of the Revised	46640
Code.	46641

(C) A county DD board that during the school year provided	46642
special education pursuant to this section for any child with	46643
mental disabilities under twenty-two years of age shall prepare	46644
and submit the following reports and statements:	46645

(1) The board shall prepare a statement for each child who at	46646
the time of receiving such special education was a resident of a	46647
home and was not in the legal or permanent custody of an Ohio	46648
resident or a government agency in this state, and whose natural	46649
or adoptive parents are not known to have been residents of this	46650
state subsequent to the child's birth. The statement shall contain	46651
the child's name, the name of the child's school district of	46652
residence, the name of the county board providing the special	46653
education, and the number of months, including any fraction of a	46654
month, it was provided. Not later than the thirtieth day of June,	46655
the board shall forward a certified copy of such statement to both	46656
the director of developmental disabilities and to the home.	46657

Within thirty days after its receipt of a statement, the home	46658
shall pay tuition to the county board computed in the manner	46659
prescribed by section 3323.141 of the Revised Code.	46660

(2) The board shall prepare a report for each school district	46661
that is the school district of residence of one or more of such	46662
children for whom statements are not required by division (C)(1)	46663
of this section. The report shall contain the name of the county	46664
board providing special education, the name of each child	46665
receiving special education, the number of months, including	46666
fractions of a month, that the child received it, and the name of	46667
the child's school district of residence. Not later than the	46668
thirtieth day of June, the board shall forward certified copies of	46669
each report to the school district named in the report, the	46670
superintendent of public instruction, and the director of	46671
developmental disabilities.	46672

Sec. 3323.091. (A) The department of ~~mental health~~mental	46673
health and addiction services, the department of developmental	46674
disabilities, the department of youth services, and the department	46675
of rehabilitation and correction shall establish and maintain	46676
special education programs for children with disabilities in	46677
institutions under their jurisdiction according to standards	46678
adopted by the state board of education.	46679

(B) ~~The superintendent of each state institution required to~~	46680
~~provide services under division (A) of this section, and each~~	46681
~~county DD board, providing special education for preschool~~	46682
~~children with disabilities under this chapter may apply to the~~	46683
~~state department of education for unit funding, which shall be~~	46684
~~paid in accordance with sections 3317.052 and 3317.053 of the~~	46685
~~Revised Code.~~	46686

The superintendent of each state institution required to	46687
provide services under division (A) of this section may apply to	46688
the department of education for special education and related	46689
services ~~weighted~~ funding for children with disabilities other	46690
than preschool children with disabilities, calculated in	46691
accordance with section 3317.201 of the Revised Code.	46692

Each county DD board providing special education for children	46693
with disabilities other than preschool children with disabilities	46694
may apply to the department of education for ~~base cost and~~	46695
opportunity funds, special education and related services ~~weighted~~	46696
funding, and targeted assistance funds calculated in accordance	46697
with section 3317.20 of the Revised Code.	46698

(C) In addition to the authorization to apply for state	46699
funding described in division (B) of this section, each state	46700
institution required to provide services under division (A) of	46701
this section is entitled to tuition payments calculated in the	46702
manner described in division (C) of this section.	46703

On or before the thirtieth day of June of each year, the	46704
superintendent of each institution that during the school year	46705
provided special education pursuant to this section shall prepare	46706
a statement for each child with a disability under twenty-two	46707
years of age who has received special education. The statement	46708
shall contain the child's data verification code assigned pursuant	46709
to division (D)(2) of section 3301.0714 of the Revised Code and	46710
the name of the child's school district of residence. Within sixty	46711
days after receipt of such statement, the department of education	46712
shall perform one of the following:	46713

(1) For any child except a preschool child with a disability	46714
described in division (C)(2) of this section, pay to the	46715
institution submitting the statement an amount equal to the	46716
tuition calculated under division (A) of section 3317.08 of the	46717
Revised Code for the period covered by the statement, and deduct	46718
the same from the amount of state funds, if any, payable under	46719
Chapter 3317. of the Revised Code, to the child's school district	46720
of residence or, if the amount of such state funds is	46721
insufficient, require the child's school district of residence to	46722
pay the institution submitting the statement an amount equal to	46723
the amount determined under this division.	46724

(2) For any preschool child with a disability ~~not included in~~	46725
~~a unit approved under division (B) of section 3317.05 of the~~	46726
~~Revised Code~~, perform the following:	46727

(a) Pay to the institution submitting the statement an amount	46728
equal to the tuition calculated under division (B) of section	46729
3317.08 of the Revised Code for the period covered by the	46730
statement, except that in calculating the tuition under that	46731
section the operating expenses of the institution submitting the	46732
statement under this section shall be used instead of the	46733
operating expenses of the school district of residence;	46734

(b) Deduct from the amount of state funds, if any, payable	46735
under Chapter 3317. of the Revised Code to the child's school	46736
district of residence an amount equal to the amount paid under	46737
division (C)(2)(a) of this section.	46738

Sec. 3323.13. (A) If a child who is a school resident of one	46739
school district receives special education from another district,	46740
the board of education of the district providing the education,	46741
subject to division (C) of this section, may require the payment	46742
by the board of education of the district of residence of a sum	46743
not to exceed one of the following, as applicable:	46744

(1) For any child except a preschool child with a disability	46745
described in division (A)(2) of this section, the tuition of the	46746
district providing the education for a child of normal needs of	46747
the same school grade. The determination of the amount of such	46748
tuition shall be in the manner provided for by division (A) of	46749
section 3317.08 of the Revised Code.	46750

(2) For any preschool child with a disability ~~not included in~~	46751
~~a unit approved under division (B) of section 3317.05 of the~~	46752
~~Revised Code~~, the tuition of the district providing the education	46753
for the child as calculated under division (B) of section 3317.08	46754
of the Revised Code, multiplied by 0.50.	46755

(B) The board of the district of residence may contract with	46756
the board of another district for the transportation of such child	46757
into any school in such other district, on terms agreed upon by	46758
such boards. Upon direction of the state board of education, the	46759
board of the district of residence shall pay for the child's	46760
transportation and the tuition.	46761

(C) The board of education of a district providing the	46762
education for a child shall be entitled to require payment from	46763
the district of residence under this section or section 3323.14 of	46764
the Revised Code only if the district providing the education has	46765
done at least one of the following:	46766

(1) Invited the district of residence to send representatives	46767
to attend the meetings of the team developing the child's	46768
individualized education program;	46769

(2) Received from the district of residence a copy of the	46770
individualized education program or a multifactored evaluation	46771
developed for the child by the district of residence;	46772

(3) Informed the district of residence in writing that the	46773
district is providing the education for the child.	46774

As used in division (C)(2) of this section, "multifactored	46775
evaluation" means an evaluation, conducted by a multidisciplinary	46776
team, of more than one area of the child's functioning so that no	46777
single procedure shall be the sole criterion for determining an	46778
appropriate educational program placement for the child.	46779

Sec. 3323.14. ~~This section does not apply to any preschool~~	46780
~~child with a disability except if included in a unit approved~~	46781
~~under division (B) of section 3317.05 of the Revised Code.~~	46782

(A) Where a child who is a school resident of one school	46783
district receives special education from another district and the	46784
per capita cost to the educating district for that child exceeds	46785
the sum of the amount received by the educating district for that	46786
child under division (A) of section 3317.08 of the Revised Code	46787
and the amount received by the district from the state board of	46788
education for that child, then the board of education of the	46789
district of residence shall pay to the board of the school	46790
district that is providing the special education such excess cost	46791
as is determined by using a formula approved by the department of	46792
education and agreed upon in contracts entered into by the boards	46793
of the districts concerned at the time the district providing such	46794
special education accepts the child for enrollment. The department	46795
shall certify the amount of the payments under Chapter 3317. of	46796
the Revised Code for such pupils with disabilities for each school	46797
year ending on the thirtieth day of July.	46798

(B) In the case of a child described in division (A) of this	46799
section who has been placed in a home, as defined in section	46800
3313.64 of the Revised Code, pursuant to the order of a court and	46801
who is not subject to section 3323.141 of the Revised Code, the	46802
district providing the child with special education and related	46803
services may charge to the child's district of residence the	46804
excess cost determined by formula approved by the department,	46805
regardless of whether the district of residence has entered into a	46806
contract with the district providing the services. If the district	46807
providing the services chooses to charge excess costs, the	46808
district may report the amount calculated under this division to	46809
the department.	46810

(C) If a district providing special education for a child	46811
reports an amount for the excess cost of those services, as	46812
authorized and calculated under division (A) or (B) of this	46813
section, the department shall pay that amount of excess cost to	46814
the district providing the services and shall deduct that amount	46815
from the child's district of residence in accordance with division	46816
(K) of section 3317.023 of the Revised Code.	46817

Sec. 3323.141. (A) When a child who is not in the legal or	46818
permanent custody of an Ohio resident or a government agency in	46819
this state and whose natural or adoptive parents are not known to	46820
have been residents of this state subsequent to the child's birth	46821
is a resident of a home as defined in section 3313.64 of the	46822
Revised Code and receives special education and related services	46823
from a school district or county ~~MR/DD~~DD board, the home shall	46824
pay tuition to the board providing the special education.	46825

(B) In the case of a child described in division (A) of this	46826
section who receives special education and related services from a	46827
school district, tuition shall be the amount determined under	46828
division (B)(1) or (2) of this section.	46829

(1) For a child other than a child described in division	46830
(B)(2) of this section the tuition shall be an amount equal to the	46831
sum of the following:	46832

(a) Tuition as determined in the manner provided for by	46833
division (B) of section 3317.081 of the Revised Code for the	46834
district that provides the special education;	46835

(b) Such excess cost as is determined by using a formula	46836
established by rule of the department of education. The excess	46837
cost computed in this section shall not be used as excess cost	46838
computed under section 3323.14 of the Revised Code.	46839

(2) For a child who is a preschool child with a disability	46840
~~not included in a unit approved under division (B) of section~~	46841
~~3317.05 of the Revised Code~~, the tuition shall be computed as	46842
follows:	46843

(a) Determine the amount of the tuition of the district	46844
providing the education for the child as calculated under division	46845
(B) of section 3317.08 of the Revised Code;	46846

(b) For each type of special education service included in	46847
the computation of the amount of tuition under division (B)(2)(a)	46848
of this section, divide the amount determined for that computation	46849
under division (B)(2) of section 3317.08 of the Revised Code by	46850
the total number of preschool children with disabilities used for	46851
that computation under division (B)(3) of section 3317.08 of the	46852
Revised Code;	46853

(c) Determine the sum of the quotients obtained under	46854
division (B)(2)(b) of this section;	46855

(d) Determine the sum of the amounts determined under	46856
divisions (B)(2)(a) and (c) of this section.	46857

(C) In the case of a child described in division (A) of this	46858
section who receives special education and related services from a	46859
county ~~MR/DD~~DD board, tuition shall be the amount determined	46860
under division (C)(1) or (2) of this section.	46861

(1) For a child other than a child described in division	46862
(C)(2) of this section, the tuition shall be an amount equal to	46863
such board's per capita cost of providing special education and	46864
related services for children at least three but less than	46865
twenty-two years of age as determined by using a formula	46866
established by rule of the department of developmental	46867
disabilities.	46868

(2) For a child who is a preschool child with a disability	46869
~~not included in a unit approved under division (B) of section~~	46870
~~3317.05 of the Revised Code~~, the tuition shall equal the sum of	46871
the amounts of each such board's per capita cost of providing each	46872
of the special education or related service that the child	46873
receives. The calculation of tuition shall be made by using a	46874
formula established by rule of the department of developmental	46875
disabilities. The formula for the calculation of per capita costs	46876
under division (C)(2) of this section shall be based only on each	46877
such ~~MR/DD~~DD board's cost of providing each type of special	46878
education or related service to preschool children with	46879
disabilities ~~not included in a unit approved under division (B) of~~	46880
~~section 3317.05 of the Revised Code~~.	46881

(D) If a home fails to pay the tuition required under this	46882
section, the board of education or county ~~MR/DD~~DD board providing	46883
the education may recover in a civil action the tuition and the	46884
expenses incurred in prosecuting the action, including court costs	46885
and reasonable attorney's fees. If the prosecuting attorney or	46886
city director of law represents the board in such action, costs	46887
and reasonable attorney's fees awarded by the court, based upon	46888
the time spent preparing and presenting the case by the	46889
prosecuting attorney, director, or a designee of either, shall be	46890
deposited in the county or city general fund.	46891

Sec. 3323.142. ~~This section does not apply to any preschool~~	46892
~~child with a disability except if included in a unit approved~~	46893
~~under division (B) of section 3317.05 of the Revised Code.~~	46894

As used in this section, "per pupil amount" for a preschool	46895
child with a disability included in such an approved unit means	46896
the amount determined by dividing the amount received for the	46897
classroom unit in which the child has been placed by the number of	46898
children in the unit. For any other child, "per pupil amount"	46899
means the amount paid for the child under section 3317.20 of the	46900
Revised Code.	46901

When a school district places or has placed a child with a	46902
county DD board for special education, but another district is	46903
responsible for tuition under section 3313.64 or 3313.65 of the	46904
Revised Code and the child is not a resident of the territory	46905
served by the county DD board, the board may charge the district	46906
responsible for tuition with the educational costs in excess of	46907
the per pupil amount received by the board under Chapter 3317. of	46908
the Revised Code. The amount of the excess cost shall be	46909
determined by the formula established by rule of the department of	46910
education under section 3323.14 of the Revised Code, and the	46911
payment for such excess cost shall be made by the school district	46912
directly to the county DD board.	46913

A school district board of education and the county DD board	46914
that serves the school district may negotiate and contract, at or	46915
after the time of placement, for payments by the board of	46916
education to the county DD board for additional services provided	46917
to a child placed with the county DD board and whose	46918
individualized education program established pursuant to section	46919
3323.08 of the Revised Code requires additional services that are	46920
not routinely provided children in the county DD board's program	46921
but are necessary to maintain the child's enrollment and	46922
participation in the program. Additional services may include, but	46923
are not limited to, specialized supplies and equipment for the	46924
benefit of the child and instruction, training, or assistance	46925
provided by staff members other than staff members for which	46926
funding is received under Chapter 3317. of the Revised Code.	46927

Sec. 3324.07. (A) The board of education of each school	46928
district shall develop a plan for the service of gifted students	46929
enrolled in the district that are identified under section 3324.03	46930
of the Revised Code. Services specified in the plan developed by	46931
each board may include such options as the following:	46932

(1) A differentiated curriculum;

46933

(2) Cluster grouping;

46934

(3) Mentorships;

46935

(4) Accelerated course work;

46936

(5) The ~~post-secondary enrollment option~~college credit plus	46937
program under Chapter 3365. of the Revised Code;	46938

(6) Advanced placement;

46939

(7) Honors classes;

46940

(8) Magnet schools;

46941

(9) Self-contained classrooms;

46942

(10) Independent study;

46943

(11) Other options identified in rules adopted by the	46944
department of education.	46945

(B) Each board shall file the plan developed under division	46946
(A) of this section with the department of education by December	46947
15, 2000. The department shall review and analyze each plan to	46948
determine if it is adequate and to make funding estimates.	46949

(C) Unless otherwise required by law, rule, or as a condition	46950
for receipt of funds, school boards may implement the plans	46951
developed under division (A) of this section, but shall not be	46952
required to do so until further action by the general assembly or	46953
the state superintendent of public instruction.	46954

Sec. 3326.11. Each science, technology, engineering, and	46955
mathematics school established under this chapter and its	46956
governing body shall comply with sections 9.90, 9.91, 109.65,	46957
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	46958
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	46959
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	46960
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	46961
3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3313.643,	46962
3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3313.666,	46963
3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71,	46964
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	46965
3313.816, 3313.817, 3313.86, ~~3313.88,~~ 3313.96, 3319.073, 3319.21,	46966
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	46967
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	46968
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	46969
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	46970
4123., 4141., and 4167. of the Revised Code as if it were a school	46971
district.	46972

Sec. 3326.112. The governing body of each STEM school shall	46973
comply with the standards for financial reporting adopted under	46974
division (B)(2) of section 3301.07 of the Revised Code.	46975

Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the	46976
Revised Code:	46977

(A) ~~"Applicable special education weight" means the multiple~~	46978
~~specified in section 3317.013 of the Revised Code for a disability~~	46979
~~described in that section.~~	46980

~~(B) "Applicable vocational education weight" means the~~	46981
~~multiple specified in section 3317.014 of the Revised Code for~~	46982
~~vocational education programs or classes described in that~~	46983
~~section.~~	46984

~~(C) "Formula amount" has the same meaning as in section~~	46985
~~3317.02 of the Revised Code~~(1) "Category one limited English	46986
proficient student" means a limited English proficient student	46987
described in division (A) of section 3317.016 of the Revised Code.	46988

(2) "Category two limited English proficient student" means a	46989
limited English proficient student described in division (B) of	46990
section 3317.016 of the Revised Code.	46991

(3) "Category three limited English proficient student" means	46992
a limited English proficient student described in division (C) of	46993
section 3317.016 of the Revised Code.	46994

(4) "Category four limited English proficient student" means	46995
a limited English proficient student described in division (D) of	46996
section 3317.016 of the Revised Code.	46997

(B)(1) "Category one special education student" means a	46998
student who is receiving special education services for a	46999
disability specified in division (A) of section 3317.013 of the	47000
Revised Code.	47001

(2) "Category two special education student" means a student	47002
who is receiving special education services for a disability	47003
specified in division (B) of section 3317.013 of the Revised Code.	47004

(3) "Category three special education student" means a	47005
student who is receiving special education services for a	47006
disability specified in division (C) of section 3317.013 of the	47007
Revised Code.	47008

(4) "Category four special education student" means a student	47009
who is receiving special education services for a disability	47010
specified in division (D) of section 3317.013 of the Revised Code.	47011

(5) "Category five special education student" means a student	47012
who is receiving special education services for a disability	47013
specified in division (E) of section 3317.013 of the Revised Code.	47014

(6) "Category six special education student" means a student	47015
who is receiving special education services for a disability	47016
specified in division (F) of section 3317.013 of the Revised Code.	47017

~~(D)~~(C) "IEP" means an individualized education program as	47018
defined in section 3323.01 of the Revised Code.	47019

~~(E) A student is "included in the poverty student count of~~	47020
~~the student's resident district" if the student's family receives~~	47021
~~assistance under the Ohio works first program.~~	47022

~~(F)~~(D) "Resident district" means the school district in which	47023
a student is entitled to attend school under section 3313.64 or	47024
3313.65 of the Revised Code.	47025

~~(G)~~(E) "State education aid" has the same meaning as in	47026
section 5751.20 of the Revised Code.	47027

Sec. 3326.32. Each science, technology, engineering, and	47028
mathematics school shall report to the department of education, in	47029
the form and manner required by the department, all of the	47030
following information:	47031

(A) The total number of students enrolled in the school;

47032

(B) The number of students who are receiving special	47033
education and related services pursuant to an IEP;	47034

(C) For each student reported under division (B) of this	47035
section, which category specified in divisions (A) to (F) of	47036
section 3317.013 of the Revised Code applies to the student;	47037

(D) The full-time equivalent number of students who are	47038
enrolled in ~~vocational~~career-technical education programs or	47039
classes described in each of divisions (A) ~~and~~, (B), (C), (D), and	47040
(E) of section 3317.014 of the Revised Code that are provided by	47041
the STEM school;	47042

(E) The number of students who are limited English	47043
proficiency students and which category specified in divisions (A)	47044
to (D) of section 3317.016 of the Revised Code applies to each	47045
student;	47046

(F) The number of students reported under division (A) of	47047
this section who are economically disadvantaged, as defined by the	47048
department.	47049

(G) The resident district of each student;

47050

~~(F)~~(H) Any additional information the department determines	47051
necessary to make payments under this chapter.	47052

Sec. 3326.33. ~~Payments and deductions under this section for~~	47053
~~fiscal years 2012 and 2013 shall be made in accordance with~~	47054
~~section 3326.39 of the Revised Code.~~	47055

For each student enrolled in a science, technology,	47056
engineering, and mathematics school established under this	47057
chapter, on a full-time equivalency basis, the department of	47058
education annually shall deduct from the state education aid of a	47059
student's resident school district and, if necessary, from the	47060
payment made to the district under sections 321.24 and 323.156 of	47061
the Revised Code and pay to the school the sum of the following:	47062

(A) ~~The sum of the formula amount plus the per pupil amount~~	47063
~~of the base funding supplements specified in divisions (C)(1) to~~	47064
~~(4) of section 3317.012 of the Revised Code.~~	47065

~~(B) If the student is receiving special education and related~~	47066
~~services pursuant to an IEP, the product of the applicable special~~	47067
~~education weight times the formula amount;~~	47068

~~(C) If the student is enrolled in vocational education~~	47069
~~programs or classes that are described in section 3317.014 of the~~	47070
~~Revised Code, are provided by the school, and are comparable as~~	47071
~~determined by the superintendent of public instruction to school~~	47072
~~district vocational education programs and classes eligible for~~	47073
~~state weighted funding under section 3317.014 of the Revised Code,~~	47074
~~the product of the applicable vocational education weight times~~	47075
~~the formula amount times the percentage of time the student spends~~	47076
~~in the vocational education programs or classes;~~	47077

~~(D) If the student is included in the poverty student count~~	47078
~~of the student's resident district, the per pupil amount of the~~	47079
~~district's payment under division (C) of section 3317.029 of the~~	47080
~~Revised Code;~~	47081

~~(E) If the student is identified as limited English~~	47082
~~proficient and the student's resident district receives a payment~~	47083
~~for services to limited English proficient students under division~~	47084
~~(F) of section 3317.029 of the Revised Code, the per pupil amount~~	47085
~~of the district's payment under that division, calculated in the~~	47086
~~same manner as per pupil payments are calculated under division~~	47087
~~(C)(6) of section 3314.08 of the Revised Code;~~	47088

~~(F) If the student's resident district receives a payment~~	47089
~~under division (G), (H), or (I) of section 3317.029 of the Revised~~	47090
~~Code, the per pupil amount of the district's payments under each~~	47091
~~division, calculated in the same manner as per pupil payments are~~	47092
~~calculated under divisions (C)(7) and (8) of section 3314.08 of~~	47093
~~the Revised Code;~~	47094

~~(G) If the student's resident district receives a parity aid~~	47095
~~payment under section 3317.0217 of the Revised Code, the per pupil~~	47096
~~amount calculated for the district under division (C) or (D) of~~	47097
~~that section~~An opportunity grant of ($250,000 - the school's	47098
valuation per pupil) X 0.02.	47099

Each STEM school's valuation per pupil shall be zero.

47100

(B) The per pupil amount of targeted assistance funds	47101
calculated under section 3317.0217 of the Revised Code for the	47102
student's resident district, as determined by the department;	47103

(C) Additional state aid for special education and related	47104
services provided under Chapter 3323. of the Revised Code as	47105
follows:	47106

(1) If the student is a category one special education	47107
student, the amount specified in division (A) of section 3317.013	47108
of the Revised Code;	47109

(2) If the student is a category two special education	47110
student, the amount specified in division (B) of section 3317.013	47111
of the Revised Code;	47112

(3) If the student is a category three special education	47113
student, the amount specified in division (C) of section 3317.013	47114
of the Revised Code;	47115

(4) If the student is a category four special education	47116
student, the amount specified in division (D) of section 3317.013	47117
of the Revised Code;	47118

(5) If the student is a category five special education	47119
student, the amount specified in division (E) of section 3317.013	47120
of the Revised Code;	47121

(6) If the student is a category six special education	47122
student, the amount specified in division (F) of section 3317.013	47123
of the Revised Code.	47124

(D) If the student is economically disadvantaged, $500 X the	47125
resident district's economically disadvantaged index.	47126

(E) Limited English proficiency funds, as follows:

47127

(1) If the student is a category one limited English	47128
proficiency student, the amount specified in division (A) of	47129
section 3317.016 of the Revised Code;	47130

(2) If the student is a category two limited English	47131
proficiency student, the amount specified in division (B) of	47132
section 3317.016 of the Revised Code;	47133

(3) If the student is a category three limited English	47134
proficiency student, the amount specified in division (C) of	47135
section 3317.016 of the Revised Code;	47136

(4) If the student is a category four limited English	47137
proficiency student, the amount specified in division (D) of	47138
section 3317.016 of the Revised Code.	47139

(F) Gifted funds in an amount of $50 for each enrolled	47140
student.	47141

Sec. 3326.34. The department shall deduct from the aggregate	47142
amount paid under section 3326.33 of the Revised Code fifteen per	47143
cent of the sum of the amount paid under division (C) of that	47144
section and transfer that amount to the special education	47145
exceptional cost fund created in section 3317.0215 of the Revised	47146
Code. A STEM school may apply for funds from the special education	47147
exceptional cost fund if it satisfies the criteria in section	47148
3317.0214 of the Revised Code.	47149

Sec. 3326.36. The department of education shall reduce the	47150
amounts paid to a science, technology, engineering, and	47151
mathematics school under section 3326.33 of the Revised Code to	47152
reflect payments made to colleges under ~~division (B) of~~ section	47153
3365.07 of the Revised Code ~~or through alternative funding~~	47154
~~agreements entered into under rules adopted under section 3365.12~~	47155
~~of the Revised Code~~. A student shall be considered enrolled in the	47156
school for any portion of the school year the student is attending	47157
a college under Chapter 3365. of the Revised Code.	47158

Sec. 3326.38. A science, technology, engineering, and	47159
mathematics school may do ~~all~~both of the following:	47160

(A) ~~Apply to the department of education for gifted unit~~	47161
~~funding;~~	47162

~~(B)~~ Apply to any state or federal agency for grants that a	47163
school district or public school may receive under federal or	47164
state law or any appropriations act of the general assembly;	47165

~~(C)~~(B) Apply to any private entity or foundation for	47166
additional funds.	47167

Sec. 3326.39. The department of education shall pay to each	47168
STEM school the amount approved for that school under section	47169
3317.162 of the Revised Code by the lead district of the	47170
career-technical planning district to which the school has been	47171
assigned.	47172

Sec. 3326.45. (A) The governing body of a science,	47173
technology, engineering, and mathematics school may contract with	47174
the governing board of an educational service center or the board	47175
of education of a joint vocational school district for the	47176
provision of services to the STEM school or to any student	47177
enrolled in the school. Services provided under the contract and	47178
the amount to be paid for those services shall be mutually agreed	47179
to by the parties to the contract, and shall be specified in the	47180
contract.	47181

(B) A contract entered into under this section may require an	47182
educational service center to provide any one or a combination of	47183
the following services to a STEM school:	47184

(1) Supervisory teachers;

47185

(2) In-service and continuing education programs for	47186
personnel of the STEM school;	47187

(3) Curriculum services as provided to the client school	47188
districts of the service center;	47189

(4) Research and development programs;

47190

(5) Academic instruction for which the service center	47191
governing board employs teachers;	47192

(6) Assistance in the provision of special accommodations and	47193
classes for students with disabilities.	47194

Services described in division (B) of this section shall be	47195
provided to the STEM school in the same manner they are provided	47196
to client school districts of the service center, unless otherwise	47197
specified in the contract. The contract shall specify whether the	47198
service center will receive a per-pupil payment from the	47199
department of education for the provision of these services and,	47200
if so, the amount of the per-pupil payment~~, which shall not exceed~~	47201
~~the per-pupil amount paid to the service center under division (F)~~	47202
~~of section 3317.11 of the Revised Code for each student in the~~	47203
~~service center ADM~~.	47204

(C) For each contract entered into under this section, the	47205
department shall deduct the amount owed by the STEM school from	47206
the state funds due to the STEM school under this chapter and	47207
shall pay that amount to the educational service center or joint	47208
vocational school district that is party to the contract. ~~In the~~	47209
~~case of a contract with an educational service center that~~	47210
~~specifies per-pupil payments for the provision of services~~	47211
~~described in division (B) of this section, the department also~~	47212
~~shall pay the service center the amount calculated under division~~	47213
~~(H) of section 3317.11 of the Revised Code.~~	47214

(D) No contract entered into under this section shall be	47215
valid unless a copy is filed with the department by the first day	47216
of the school year for which the contract is in effect.	47217

(E) As used in this section, "client school district" ~~has the~~	47218
~~same meaning as in section 3317.11 of the Revised Code~~means a	47219
city, exempted village, or local school district that has entered	47220
into an agreement under section 3313.843 or 3313.845 of the	47221
Revised Code to receive any services from an educational service	47222
center.	47223

Sec. 3327.02. (A) After considering each of the following	47224
factors, the board of education of a city, exempted village, or	47225
local school district may determine that it is impractical to	47226
transport a pupil who is eligible for transportation to and from a	47227
school under section 3327.01 of the Revised Code:	47228

(1) The time and distance required to provide the	47229
transportation;	47230

(2) The number of pupils to be transported;

47231

(3) The cost of providing transportation in terms of	47232
equipment, maintenance, personnel, and administration;	47233

(4) Whether similar or equivalent service is provided to	47234
other pupils eligible for transportation;	47235

(5) Whether and to what extent the additional service	47236
unavoidably disrupts current transportation schedules;	47237

(6) Whether other reimbursable types of transportation are	47238
available.	47239

(B)(1) Based on its consideration of the factors established	47240
in division (A) of this section, the board may pass a resolution	47241
declaring the impracticality of transportation. The resolution	47242
shall include each pupil's name and the reason for impracticality.	47243

(2) The board shall report its determination to the state	47244
board of education in a manner determined by the state board.	47245

~~(3) The board of education of a local school district~~	47246
~~additionally shall submit the resolution for concurrence to the~~	47247
~~educational service center that contains the local district's~~	47248
~~territory. If the educational service center governing board~~	47249
~~considers transportation by school conveyance practicable, it~~	47250
~~shall so inform the local board and transportation shall be~~	47251
~~provided by such local board. If the educational service center~~	47252
~~board agrees with the view of the local board, the local board may~~	47253
~~offer payment in lieu of transportation as provided in this~~	47254
~~section.~~	47255

(C) After passing the resolution declaring the impracticality	47256
of transportation, the district board shall offer to provide	47257
payment in lieu of transportation by doing the following:	47258

(1) In accordance with guidelines established by the	47259
department of education, informing the pupil's parent, guardian,	47260
or other person in charge of the pupil of both of the following:	47261

(a) The board's resolution;

47262

(b) The right of the pupil's parent, guardian, or other	47263
person in charge of the pupil to accept the offer of payment in	47264
lieu of transportation or to reject the offer and instead request	47265
the department to initiate mediation procedures.	47266

(2) Issuing the pupil's parent, guardian, or other person in	47267
charge of the pupil a contract or other form on which the parent,	47268
guardian, or other person in charge of the pupil is given the	47269
option to accept or reject the board's offer of payment in lieu of	47270
transportation.	47271

(D) If the parent, guardian, or other person in charge of the	47272
pupil accepts the offer of payment in lieu of providing	47273
transportation, the board shall pay the parent, guardian, or other	47274
person in charge of the pupil an amount that shall be not less	47275
than the amount determined by the department of education as the	47276
minimum for payment in lieu of transportation, and not more than	47277
the amount determined by the department as the average cost of	47278
pupil transportation for the previous school year. Payment may be	47279
prorated if the time period involved is only a part of the school	47280
year.	47281

(E)(1)(a) Upon the request of a parent, guardian, or other	47282
person in charge of the pupil who rejected the payment in lieu of	47283
transportation, the department shall conduct mediation procedures.	47284

(b) If the mediation does not resolve the dispute, the state	47285
board of education shall conduct a hearing in accordance with	47286
Chapter 119. of the Revised Code. The state board may approve the	47287
payment in lieu of transportation or may order the board of	47288
education to provide transportation. The decision of the state	47289
board is binding in subsequent years and on future parties in	47290
interest provided the facts of the determination remain	47291
comparable.	47292

(2) The school district shall provide transportation for the	47293
pupil from the time the parent, guardian, or other person in	47294
charge of the pupil requests mediation until the matter is	47295
resolved under division (E)(1)(a) or (b) of this section.	47296

(F)(1) If the department determines that a school district	47297
board has failed or is failing to provide transportation as	47298
required by division (E)(2) of this section or as ordered by the	47299
state board under division (E)(1)(b) of this section, the	47300
department shall order the school district board to pay to the	47301
pupil's parent, guardian, or other person in charge of the pupil,	47302
an amount equal to the state average daily cost of transportation	47303
as determined by the state board of education for the previous	47304
year. The school district board shall make payments on a schedule	47305
ordered by the department.	47306

(2) If the department subsequently finds that a school	47307
district board is not in compliance with an order issued under	47308
division (F)(1) of this section and the affected pupils are	47309
enrolled in a nonpublic or community school, the department shall	47310
deduct the amount that the board is required to pay under that	47311
order from any pupil transportation payments the department makes	47312
to the school district board under section 3317.0212 of the	47313
Revised Code or other provisions of law. The department shall use	47314
the moneys so deducted to make payments to the nonpublic or	47315
community school attended by the pupil. The department shall	47316
continue to make the deductions and payments required under this	47317
division until the school district board either complies with the	47318
department's order issued under division (F)(1) of this section or	47319
begins providing transportation.	47320

(G) A nonpublic or community school that receives payments	47321
from the department under division (F)(2) of this section shall do	47322
either of the following:	47323

(1) Disburse the entire amount of the payments to the parent,	47324
guardian, or other person in charge of the pupil affected by the	47325
failure of the school district of residence to provide	47326
transportation;	47327

(2) Use the entire amount of the payments to provide	47328
acceptable transportation for the affected pupil.	47329

Sec. 3327.10. (A) No person shall be employed as driver of a	47330
school bus or motor van, owned and operated by any school district	47331
or educational service center or privately owned and operated	47332
under contract with any school district or service center in this	47333
state, who has not received a certificate from either the	47334
educational service center governing board ~~in case such person is~~	47335
~~employed by a service center or by a local school district under~~	47336
~~the supervision of the service center governing board,~~that has	47337
entered into an agreement with the school district under section	47338
3313.843 or 3313.845 of the Revised Code or by the superintendent	47339
of ~~schools, in case such person is employed by the board of a city~~	47340
~~or exempted village~~the school district, certifying that such	47341
person is at least eighteen years of age and is of good moral	47342
character and is qualified physically and otherwise for such	47343
position. The service center governing board or the	47344
superintendent, as the case may be, shall provide for an annual	47345
physical examination that conforms with rules adopted by the state	47346
board of education of each driver to ascertain the driver's	47347
physical fitness for such employment. Any certificate may be	47348
revoked by the authority granting the same on proof that the	47349
holder has been guilty of failing to comply with division (D)(1)	47350
of this section, or upon a conviction or a guilty plea for a	47351
violation, or any other action, that results in a loss or	47352
suspension of driving rights. Failure to comply with such division	47353
may be cause for disciplinary action or termination of employment	47354
under division (C) of section 3319.081, or section 124.34 of the	47355
Revised Code.	47356

(B) No person shall be employed as driver of a school bus or	47357
motor van not subject to the rules of the department of education	47358
pursuant to division (A) of this section who has not received a	47359
certificate from the school administrator or contractor certifying	47360
that such person is at least eighteen years of age, is of good	47361
moral character, and is qualified physically and otherwise for	47362
such position. Each driver shall have an annual physical	47363
examination which conforms to the state highway patrol rules,	47364
ascertaining the driver's physical fitness for such employment.	47365
The examination shall be performed by one of the following:	47366

(1) A person licensed under Chapter 4731. of the Revised Code	47367
or by another state to practice medicine and surgery or	47368
osteopathic medicine and surgery;	47369

(2) A physician assistant;

47370

(3) A certified nurse practitioner;

47371

(4) A clinical nurse specialist;

47372

(5) A certified nurse-midwife.

47373

Any written documentation of the physical examination shall	47374
be completed by the individual who performed the examination.	47375

Any certificate may be revoked by the authority granting the	47376
same on proof that the holder has been guilty of failing to comply	47377
with division (D)(2) of this section.	47378

(C) Any person who drives a school bus or motor van must give	47379
satisfactory and sufficient bond except a driver who is an	47380
employee of a school district and who drives a bus or motor van	47381
owned by the school district.	47382

(D) No person employed as driver of a school bus or motor van	47383
under this section who is convicted of a traffic violation or who	47384
has had the person's commercial driver's license suspended shall	47385
drive a school bus or motor van until the person has filed a	47386
written notice of the conviction or suspension, as follows:	47387

(1) If the person is employed under division (A) of this	47388
section, the person shall file the notice with the superintendent,	47389
or a person designated by the superintendent, of the school	47390
district for which the person drives a school bus or motor van as	47391
an employee or drives a privately owned and operated school bus or	47392
motor van under contract.	47393

(2) If employed under division (B) of this section, the	47394
person shall file the notice with the employing school	47395
administrator or contractor, or a person designated by the	47396
administrator or contractor.	47397

(E) In addition to resulting in possible revocation of a	47398
certificate as authorized by divisions (A) and (B) of this	47399
section, violation of division (D) of this section is a minor	47400
misdemeanor.	47401

(F)(1) Not later than thirty days after June 30, 2007, each	47402
owner of a school bus or motor van shall obtain the complete	47403
driving record for each person who is currently employed or	47404
otherwise authorized to drive the school bus or motor van. An	47405
owner of a school bus or motor van shall not permit a person to	47406
operate the school bus or motor van for the first time before the	47407
owner has obtained the person's complete driving record.	47408
Thereafter, the owner of a school bus or motor van shall obtain	47409
the person's driving record not less frequently than semiannually	47410
if the person remains employed or otherwise authorized to drive	47411
the school bus or motor van. An owner of a school bus or motor van	47412
shall not permit a person to resume operating a school bus or	47413
motor van, after an interruption of one year or longer, before the	47414
owner has obtained the person's complete driving record.	47415

(2) The owner of a school bus or motor van shall not permit a	47416
person to operate the school bus or motor van for six years after	47417
the date on which the person pleads guilty to or is convicted of a	47418
violation of section 4511.19 of the Revised Code or a	47419
substantially equivalent municipal ordinance.	47420

(3) An owner of a school bus or motor van shall not permit	47421
any person to operate such a vehicle unless the person meets all	47422
other requirements contained in rules adopted by the state board	47423
of education prescribing qualifications of drivers of school buses	47424
and other student transportation.	47425

(G) No superintendent of a school district, educational	47426
service center, community school, or public or private employer	47427
shall permit the operation of a vehicle used for pupil	47428
transportation within this state by an individual unless both of	47429
the following apply:	47430

(1) Information pertaining to that driver has been submitted	47431
to the department of education, pursuant to procedures adopted by	47432
that department. Information to be reported shall include the name	47433
of the employer or school district, name of the driver, driver	47434
license number, date of birth, date of hire, status of physical	47435
evaluation, and status of training.	47436

(2) The most recent criminal records check required by	47437
division (J) of this section has been completed and received by	47438
the superintendent or public or private employer.	47439

(H) A person, school district, educational service center,	47440
community school, nonpublic school, or other public or nonpublic	47441
entity that owns a school bus or motor van, or that contracts with	47442
another entity to operate a school bus or motor van, may impose	47443
more stringent restrictions on drivers than those prescribed in	47444
this section, in any other section of the Revised Code, and in	47445
rules adopted by the state board.	47446

(I) For qualified drivers who, on July 1, 2007, are employed	47447
by the owner of a school bus or motor van to drive the school bus	47448
or motor van, any instance in which the driver was convicted of or	47449
pleaded guilty to a violation of section 4511.19 of the Revised	47450
Code or a substantially equivalent municipal ordinance prior to	47451
two years prior to July 1, 2007, shall not be considered a	47452
disqualifying event with respect to division (F) of this section.	47453

(J)(1) This division applies to persons hired by a school	47454
district, educational service center, community school, chartered	47455
nonpublic school, or science, technology, engineering, and	47456
mathematics school established under Chapter 3326. of the Revised	47457
Code to operate a vehicle used for pupil transportation.	47458

For each person to whom this division applies who is hired on	47459
or after November 14, 2007, the employer shall request a criminal	47460
records check in accordance with section 3319.39 of the Revised	47461
Code and every six years thereafter. For each person to whom this	47462
division applies who is hired prior to that date, the employer	47463
shall request a criminal records check by a date prescribed by the	47464
department of education and every six years thereafter.	47465

(2) This division applies to persons hired by a public or	47466
private employer not described in division (J)(1) of this section	47467
to operate a vehicle used for pupil transportation.	47468

For each person to whom this division applies who is hired on	47469
or after November 14, 2007, the employer shall request a criminal	47470
records check prior to the person's hiring and every six years	47471
thereafter. For each person to whom this division applies who is	47472
hired prior to that date, the employer shall request a criminal	47473
records check by a date prescribed by the department and every six	47474
years thereafter.	47475

(3) Each request for a criminal records check under division	47476
(J) of this section shall be made to the superintendent of the	47477
bureau of criminal identification and investigation in the manner	47478
prescribed in section 3319.39 of the Revised Code, except that if	47479
both of the following conditions apply to the person subject to	47480
the records check, the employer shall request the superintendent	47481
only to obtain any criminal records that the federal bureau of	47482
investigation has on the person:	47483

(a) The employer previously requested the superintendent to	47484
determine whether the bureau of criminal identification and	47485
investigation has any information, gathered pursuant to division	47486
(A) of section 109.57 of the Revised Code, on the person in	47487
conjunction with a criminal records check requested under section	47488
3319.39 of the Revised Code or under division (J) of this section.	47489

(b) The person presents proof that the person has been a	47490
resident of this state for the five-year period immediately prior	47491
to the date upon which the person becomes subject to a criminal	47492
records check under this section.	47493

Upon receipt of a request, the superintendent shall conduct	47494
the criminal records check in accordance with section 109.572 of	47495
the Revised Code as if the request had been made under section	47496
3319.39 of the Revised Code. However, as specified in division	47497
(B)(2) of section 109.572 of the Revised Code, if the employer	47498
requests the superintendent only to obtain any criminal records	47499
that the federal bureau of investigation has on the person for	47500
whom the request is made, the superintendent shall not conduct the	47501
review prescribed by division (B)(1) of that section.	47502

(K)(1) Until the effective date of the amendments to rule	47503
3301-83-23 of the Ohio Administrative Code required by the second	47504
paragraph of division (E) of section 3319.39 of the Revised Code,	47505
any person who is the subject of a criminal records check under	47506
division (J) of this section and has been convicted of or pleaded	47507
guilty to any offense described in division (B)(1) of section	47508
3319.39 of the Revised Code shall not be hired or shall be	47509
released from employment, as applicable, unless the person meets	47510
the rehabilitation standards prescribed for nonlicensed school	47511
personnel by rule 3301-20-03 of the Ohio Administrative Code.	47512

(2) Beginning on the effective date of the amendments to rule	47513
3301-83-23 of the Ohio Administrative Code required by the second	47514
paragraph of division (E) of section 3319.39 of the Revised Code,	47515
any person who is the subject of a criminal records check under	47516
division (J) of this section and has been convicted of or pleaded	47517
guilty to any offense that, under the rule, disqualifies a person	47518
for employment to operate a vehicle used for pupil transportation	47519
shall not be hired or shall be released from employment, as	47520
applicable, unless the person meets the rehabilitation standards	47521
prescribed by the rule.	47522

Sec. 3328.24. A college-preparatory boarding school	47523
established under this chapter and its board of trustees shall	47524
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,	47525
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter	47526
3365. of the Revised Code as if the school were a school district	47527
and the school's board of trustees were a district board of	47528
education.	47529

Sec. 3328.27. The board of trustees of each	47530
college-preparatory boarding school shall comply with the	47531
standards for financial reporting adopted under division (B)(2) of	47532
section 3301.07 of the Revised Code.	47533

Sec. 3328.34. (A) For each child enrolled in a	47534
college-preparatory boarding school, as reported under section	47535
3328.31 of the Revised Code, the department of education shall pay	47536
to the school the sum of the amount deducted from a participating	47537
school district's account for that child under section 3328.33 of	47538
the Revised Code plus the per-pupil boarding amount specified in	47539
division (B) of this section.	47540

(B) For the first fiscal year in which a college-preparatory	47541
boarding school may be established under this chapter, the	47542
"per-pupil boarding amount" is twenty-five thousand dollars. For	47543
each fiscal year thereafter, that amount shall be adjusted by the	47544
rate of inflation, as measured by the consumer price index (all	47545
urban consumers, all items) prepared by the bureau of labor	47546
statistics of the United States department of labor, for the	47547
previous twelve-month period.	47548

(C) The state board of education may accept funds from	47549
federal and state noneducation support services programs for the	47550
purpose of funding the per pupil boarding amount prescribed in	47551
division (B) of this section. Notwithstanding any other provision	47552
of the Revised Code, the state board shall coordinate and	47553
streamline any noneducation program requirements in order to	47554
eliminate redundant or conflicting requirements, licensing	47555
provisions, and oversight by government programs or agencies. The	47556
applicable regulatory entities shall, to the maximum extent	47557
possible, use reports and financial audits provided by the auditor	47558
of state and coordinated by the department of education to	47559
eliminate or reduce contract and administrative reviews.	47560
Regulatory entities other than the state board may suggest	47561
reasonable additional items to be included in such reports and	47562
financial audits to meet any requirements of federal law.	47563
Reporting paperwork prepared for the state board shall be shared	47564
with and accepted by other state and local entities to the maximum	47565
extent feasible.	47566

(D)(1) Notwithstanding division (A) of this section, if, in	47567
any fiscal year, a college-preparatory boarding school receives	47568
federal funds for the purpose of supporting the school's	47569
operations, the amount of those federal funds shall be deducted	47570
from the total per-pupil boarding amount for all enrolled students	47571
paid by the department to the school for that fiscal year, unless	47572
the school's board of trustees and the department determine	47573
otherwise in a written agreement. Any portion of the total	47574
per-pupil boarding amount for all enrolled students remaining	47575
after the deduction of the federal funds shall be paid by the	47576
department to the school from state funds appropriated to the	47577
department.	47578

(2) Notwithstanding division (A) of this section, if, in any	47579
fiscal year, the department receives federal funds for the purpose	47580
of supporting the operations of a college-preparatory boarding	47581
school, the department shall use those federal funds, not	47582
including any portion of those funds designated for	47583
administration, to pay the school the total per-pupil boarding	47584
amount for all enrolled students for that fiscal year. Any portion	47585
of the total per-pupil boarding amount for all enrolled students	47586
remaining after the use of the federal funds shall be paid by the	47587
department to the school from state funds appropriated to the	47588
department.	47589

(3) If any federal funds are used for the purpose prescribed	47590
in division (D)(1) or (2) of this section, the department shall	47591
comply with all requirements upon which the acceptance of the	47592
federal funds is conditioned, including any requirements set forth	47593
in the funding application submitted by the school or the	47594
department and, to the extent sufficient funds are appropriated by	47595
the general assembly, any requirements regarding maintenance of	47596
effort in expenditures.	47597

(E) The department shall reduce the amount paid under	47598
division (A) of this section, that is not included in the per	47599
pupil boarding amount, to reflect payments made to colleges under	47600
section 3365.07 of the Revised Code.	47601

Sec. 3333.041. (A) On or before the last day of December of	47602
each year, the chancellor of the Ohio board of regents shall	47603
submit to the governor and, in accordance with section 101.68 of	47604
the Revised Code, the general assembly a report or reports	47605
concerning all of the following:	47606

(1) The status of graduates of Ohio school districts at state	47607
institutions of higher education during the twelve-month period	47608
ending on the thirtieth day of September of the current calendar	47609
year. The report shall list, by school district, the number of	47610
graduates of each school district who attended a state institution	47611
of higher education and the percentage of each district's	47612
graduates enrolled in a state institution of higher education	47613
during the reporting period who were required during such period	47614
by the college or university, as a prerequisite to enrolling in	47615
those courses generally required for first-year students, to	47616
enroll in a remedial course in English, including composition or	47617
reading, mathematics, and any other area designated by the	47618
chancellor. The chancellor also shall make the information	47619
described in division (A)(1) of this section available to the	47620
board of education of each city, exempted village, and local	47621
school district.	47622

Each state institution of higher education shall, by the	47623
first day of November of each year, submit to the chancellor in	47624
the form specified by the chancellor the information the	47625
chancellor requires to compile the report.	47626

(2) Aggregate academic growth data for students assigned to	47627
graduates of teacher preparation programs approved under section	47628
3333.048 of the Revised Code who teach English language arts or	47629
mathematics in any of grades four to eight in a public school in	47630
Ohio. For this purpose, the chancellor shall use the value-added	47631
progress dimension prescribed by section 3302.021 of the Revised	47632
Code. The chancellor shall aggregate the data by graduating class	47633
for each approved teacher preparation program, except that if a	47634
particular class has ten or fewer graduates to which this section	47635
applies, the chancellor shall report the data for a group of	47636
classes over a three-year period. In no case shall the report	47637
identify any individual graduate. The department of education	47638
shall share any data necessary for the report with the chancellor.	47639

(3) The following information with respect to the Ohio	47640
tuition trust authority:	47641

(a) The name of each investment manager that is a minority	47642
business enterprise or a women's business enterprise with which	47643
the chancellor contracts;	47644

(b) The amount of assets managed by investment managers that	47645
are minority business enterprises or women's business enterprises,	47646
expressed as a percentage of assets managed by investment managers	47647
with which the chancellor has contracted;	47648

(c) Efforts by the chancellor to increase utilization of	47649
investment managers that are minority business enterprises or	47650
women's business enterprises.	47651

(4) ~~The status of implementation of faculty improvement~~	47652
~~programs under section 3345.28 of the Revised Code. The report~~	47653
~~shall include, but need not be limited to, the following: the~~	47654
~~number of professional leave grants made by each institution; the~~	47655
~~purpose of each professional leave; and a statement of the cost to~~	47656
~~the institution of each professional leave, to the extent that the~~	47657
~~cost exceeds the salary of the faculty member on professional~~	47658
~~leave.~~	47659

~~(5) The number and types of biobased products purchased under~~	47660
~~section 125.092 of the Revised Code and the amount of money spent~~	47661
~~by state institutions of higher education for those biobased~~	47662
~~products as that information is provided to the chancellor under~~	47663
~~division (A) of section 3345.692 of the Revised Code.~~	47664

~~(6)~~ A description of ~~dual enrollment~~advanced standing	47665
programs, as defined in section 3313.6013 of the Revised Code,	47666
that are offered by school districts, community schools	47667
established under Chapter 3314. of the Revised Code, STEM schools	47668
established under Chapter 3326. of the Revised Code,	47669
college-preparatory boarding schools established under Chapter	47670
3328. of the Revised Code, and chartered nonpublic high schools.	47671
The chancellor also shall post the information on the chancellor's	47672
web site.	47673

~~(7) The academic and economic impact of the Ohio innovation~~	47674
~~partnership established under section 3333.61 of the Revised Code.~~	47675
~~At a minimum, the report shall include the following:~~	47676

~~(a) Progress and performance metrics for each initiative that~~	47677
~~received an award in the previous fiscal year;~~	47678

~~(b) Economic indicators of the impact of each initiative, and~~	47679
~~all initiatives as a whole, on the regional economies and the~~	47680
~~statewide economy;~~	47681

~~(c)~~(5) The chancellor's strategy in assigning choose Ohio	47682
first scholarships, as established under section 3333.61 of the	47683
Revised Code, among state universities and colleges and how the	47684
actual awards fit that strategy.	47685

~~(8)~~(6) The academic and economic impact of the Ohio	47686
co-op/internship program established under section 3333.72 of the	47687
Revised Code. At a minimum, the report shall include the	47688
following:	47689

(a) Progress and performance metrics for each initiative that	47690
received an award in the previous fiscal year;	47691

(b) Economic indicators of the impact of each initiative, and	47692
all initiatives as a whole, on the regional economies and the	47693
statewide economy;	47694

(c) The chancellor's strategy in allocating awards among	47695
state institutions of higher education and how the actual awards	47696
fit that strategy.	47697

(B) As used in this section:

47698

(1) "Minority business enterprise" has the same meaning as in	47699
section 122.71 of the Revised Code.	47700

(2) "State institution of higher education" and "state	47701
university" have the same meanings as in section 3345.011 of the	47702
Revised Code.	47703

(3) "State university or college" has the same meaning as in	47704
section 3345.12 of the Revised Code.	47705

(4) "Women's business enterprise" means a business, or a	47706
partnership, corporation, limited liability company, or joint	47707
venture of any kind, that is owned and controlled by women who are	47708
United States citizens and residents of this state.	47709

Sec. 3333.124. There is hereby created in the state treasury	47710
the Ohio college opportunity grant program reserve fund. Not later	47711
than the first day of July of each fiscal year, the chancellor of	47712
the Ohio board of regents shall certify to the director of budget	47713
and management the unencumbered balance of the general revenue	47714
fund appropriations made in the immediately preceding fiscal year	47715
for purposes of the Ohio college opportunity grant program created	47716
in section 3333.122 of the Revised Code. Upon receipt of the	47717
certification, the director may transfer an amount not exceeding	47718
the certified amount from the general revenue fund to the Ohio	47719
college opportunity grant program reserve fund. Moneys in the Ohio	47720
college opportunity grant program reserve fund shall be used to	47721
pay grant obligations in excess of the general revenue fund	47722
appropriations made for that purpose.	47723

The director may transfer any unencumbered balance from the	47724
Ohio college opportunity grant program reserve fund to the general	47725
revenue fund.	47726

Sec. 3333.342. (A) The chancellor of the Ohio board of	47727
regents may designate a "certificate of value" for a certificate	47728
program at any adult career-technical education institution or	47729
state institution of higher education, as defined under section	47730
3345.011 of the Revised Code, based on the standards adopted under	47731
division (B) of this section.	47732

(B) The chancellor shall develop standards for designation of	47733
the certificates of value for certificate programs at adult	47734
career-technical education institutions and state institutions of	47735
higher education. The standards shall include at least the	47736
following considerations:	47737

(1) The quality of the certificate program;

47738

(2) The ability to transfer agreed-upon technical courses	47739
completed through an adult career-technical education institution	47740
to a state institution of higher education without unnecessary	47741
duplication or institutional barriers;	47742

(3) The extent to which the certificate program encourages a	47743
student to obtain an associate's or bachelor's degree;	47744

(4) The extent to which the certificate program increases a	47745
student's likelihood to complete other certificate programs or an	47746
associate's or bachelor's degree;	47747

(5) The ability of the certificate program to meet the	47748
expectations of the workplace and higher education;	47749

(6) The extent to which the certificate program is aligned	47750
with the strengths of the regional economy;	47751

(7) The extent to which the certificate program increases the	47752
amount of individuals who remain in or enter the state's	47753
workforce;	47754

(8) The extent of a certificate program's relationship with	47755
private companies in the state to fill potential job growth.	47756

(C) The designation of a certificate of value under this	47757
section shall expire six years after its designation date.	47758

(D) The chancellor may revoke a designation prior to its	47759
expiration date if the chancellor determines that the program no	47760
longer complies with the standards developed under division (B) of	47761
this section.	47762

(E) Any revocation of a certificate of value under this	47763
section shall become effective one hundred eighty days after the	47764
date the revocation was declared by the chancellor.	47765

(F) Any adult career-technical education institution or state	47766
institution of higher education that desires to be eligible to	47767
receive a designation of certificate of value for one or more of	47768
its certificate programs shall comply with all records and data	47769
requests required by the chancellor.	47770

Sec. 3333.35. The state board of education and the	47771
chancellor of the Ohio board of regents shall strive to reduce	47772
unnecessary student remediation costs incurred by colleges and	47773
universities in this state, increase overall access for students	47774
to higher education, enhance the ~~post-secondary enrollment options~~	47775
college credit plus program in accordance with Chapter 3365. of	47776
the Revised Code, and enhance the alternative resident educator	47777
licensure program in accordance with section 3319.26 of the	47778
Revised Code.	47779

Sec. 3333.43. This section does not apply to any	47780
baccalaureate degree program that is a cooperative education	47781
program, as defined in section 3333.71 of the Revised Code.	47782

(A) The chancellor of the Ohio board of regents shall require	47783
all state institutions of higher education that offer	47784
baccalaureate degrees, as a condition of reauthorization for	47785
certification of each baccalaureate program offered by the	47786
institution, to submit a statement describing how each major for	47787
which the school offers a baccalaureate degree may be completed	47788
within three academic years. The chronology of the statement shall	47789
begin with the fall semester of a student's first year of the	47790
baccalaureate program.	47791

(B) The statement required under this section may include,	47792
but not be limited to, any of the following methods to contribute	47793
to earning a baccalaureate degree in three years:	47794

(1) Advanced placement credit;

47795

(2) International baccalaureate program credit;

47796

(3) A waiver of degree and credit-hour requirements by	47797
completion of courses that are widely available at community	47798
colleges in the state or through online programs offered by state	47799
institutions of higher education or private nonprofit institutions	47800
of higher education holding certificates of authorization under	47801
Chapter 1713. of the Revised Code, and through courses taken by	47802
the student through the ~~post-secondary enrollment options~~college	47803
credit plus program under Chapter 3365. of the Revised Code;	47804

(4) Completion of coursework during summer sessions;

47805

(5) A waiver of foreign-language degree requirements based on	47806
a proficiency examination specified by the institution.	47807

(C)(1) Not later than October 15, 2012, each state	47808
institution of higher education shall provide statements required	47809
under this section for ten per cent of all baccalaureate degree	47810
programs offered by the institution.	47811

(2) Not later than June 30, 2014, each state institution of	47812
higher education shall provide statements required under this	47813
section for sixty per cent of all baccalaureate degree programs	47814
offered by the institution.	47815

(D) Each state institution of higher education required to	47816
submit statements under this section shall post its three-year	47817
option on its web site and also provide that information to the	47818
department of education. The department shall distribute that	47819
information to the superintendent, high school principal, and	47820
guidance counselor, or equivalents, of each school district,	47821
community school established under Chapter 3314. of the Revised	47822
Code, and STEM school established under Chapter 3326. of the	47823
Revised Code.	47824

(E) Nothing in this section requires an institution to take	47825
any action that would violate the requirements of any independent	47826
association accrediting baccalaureate degree programs.	47827

~~Sec. 3333.90.~~ Sec. 3333.59. (A) As used in this section:

47828

(1) "Allocated state share of instruction" means, for any	47829
fiscal year, the amount of the state share of instruction	47830
appropriated to the Ohio board of regents by the general assembly	47831
that is allocated to a community or technical college or community	47832
or technical college district for such fiscal year.	47833

(2) "Issuing authority" has the same meaning as in section	47834
154.01 of the Revised Code.	47835

(3) "Bond service charges" has the same meaning as in section	47836
154.01 of the Revised Code.	47837

(4) "Chancellor" means the chancellor of the Ohio board of	47838
regents.	47839

(5) "Community or technical college" or "college" means any	47840
of the following state-supported or state-assisted institutions of	47841
higher education:	47842

(a) A community college as defined in section 3354.01 of the	47843
Revised Code;	47844

(b) A technical college as defined in section 3357.01 of the	47845
Revised Code;	47846

(c) A state community college as defined in section 3358.01	47847
of the Revised Code.	47848

(6) "Community or technical college district" or "district"	47849
means any of the following institutions of higher education that	47850
are state-supported or state-assisted:	47851

(a) A community college district as defined in section	47852
3354.01 of the Revised Code;	47853

(b) A technical college district as defined in section	47854
3357.01 of the Revised Code;	47855

(c) A state community college district as defined in section	47856
3358.01 of the Revised Code.	47857

(7) "Credit enhancement facilities" has the same meaning as	47858
in section 133.01 of the Revised Code.	47859

(8) "Obligations" has the meaning as in section 154.01 or	47860
3345.12 of the Revised Code, as the context requires.	47861

(B) The board of trustees of any community or technical	47862
college district authorizing the issuance of obligations under	47863
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	47864
Revised Code, or for whose benefit and on whose behalf the issuing	47865
authority proposes to issue obligations under section 154.25 of	47866
the Revised Code, may adopt a resolution requesting the chancellor	47867
to enter into an agreement with the community or technical college	47868
district and the primary paying agent or fiscal agent for such	47869
obligations, providing for the withholding and deposit of funds	47870
otherwise due the district or the community or technical college	47871
it operates in respect of its allocated state share of	47872
instruction, for the payment of bond service charges on such	47873
obligations.	47874

The board of trustees shall deliver to the chancellor a copy	47875
of the resolution and any additional pertinent information the	47876
chancellor may require.	47877

The chancellor and the office of budget and management, and	47878
the issuing authority in the case of obligations to be issued by	47879
the issuing authority, shall evaluate each request received from a	47880
community or technical college district under this section. The	47881
chancellor, with the advice and consent of the director of budget	47882
and management and the issuing authority in the case of	47883
obligations to be issued by the issuing authority, shall approve	47884
each request if all of the following conditions are met:	47885

(1) Approval of the request will enhance the marketability of	47886
the obligations for which the request is made;	47887

(2) The chancellor and the office of budget and management,	47888
and the issuing authority in the case of obligations to be issued	47889
by the issuing authority, have no reason to believe the requesting	47890
community or technical college district or the community or	47891
technical college it operates will be unable to pay when due the	47892
bond service charges on the obligations for which the request is	47893
made, and bond service charges on those obligations are therefore	47894
not anticipated to be paid pursuant to this section from the	47895
allocated state share of instruction for purposes of Section 17 of	47896
Article VIII, Ohio Constitution.	47897

(3) Any other pertinent conditions established in rules	47898
adopted under division (H) of this section.	47899

(C) If the chancellor approves the request of a community or	47900
technical college district to withhold and deposit funds pursuant	47901
to this section, the chancellor shall enter into a written	47902
agreement with the district and the primary paying agent or fiscal	47903
agent for the obligations, which agreement shall provide for the	47904
withholding of funds pursuant to this section for the payment of	47905
bond service charges on those obligations. The agreement may also	47906
include both of the following:	47907

(1) Provisions for certification by the district to the	47908
chancellor, prior to the deadline for payment of the applicable	47909
bond service charges, whether the district and the community or	47910
technical college it operates are able to pay those bond service	47911
charges when due;	47912

(2) Requirements that the district or the community or	47913
technical college it operates deposits amounts for the payment of	47914
those bond service charges with the primary paying agent or fiscal	47915
agent for the obligations prior to the date on which the bond	47916
service charges are due to the owners or holders of the	47917
obligations.	47918

(D) Whenever a district or the community or technical college	47919
it operates notifies the chancellor that it will not be able to	47920
pay the bond service charges when they are due, subject to the	47921
withholding provisions of this section, or whenever the applicable	47922
paying agent or fiscal agent notifies the chancellor that it has	47923
not timely received from a district or from the college it	47924
operates the full amount needed for payment of the bond service	47925
charges when due to the holders or owners of such obligations, the	47926
chancellor shall immediately contact the district or college and	47927
the paying agent or fiscal agent to confirm that the district and	47928
the college are not able to make the required payment by the date	47929
on which it is due.	47930

If the chancellor confirms that the district and the college	47931
are not able to make the payment and the payment will not be made	47932
pursuant to a credit enhancement facility, the chancellor shall	47933
promptly pay to the applicable primary paying agent or fiscal	47934
agent the lesser of the amount due for bond service charges or the	47935
amount of the next periodic distribution scheduled to be made to	47936
the district or to the college in respect of its allocated state	47937
share of instruction. If this amount is insufficient to pay the	47938
total amount then due the agent for the payment of bond service	47939
charges, the chancellor shall continue to pay to the agent from	47940
each periodic distribution thereafter, and until the full amount	47941
due the agent for unpaid bond service charges is paid in full, the	47942
lesser of the remaining amount due the agent for bond service	47943
charges or the amount of the next periodic distribution scheduled	47944
to be made to the district or college in respect of its allocated	47945
state share of instruction.	47946

(E) The chancellor may make any payments under this section	47947
by direct deposit of funds by electronic transfer.	47948

Any amount received by a paying agent or fiscal agent under	47949
this section shall be applied only to the payment of bond service	47950
charges on the obligations of the community or technical college	47951
district or community or technical college subject to this section	47952
or to the reimbursement of the provider of a credit enhancement	47953
facility that has paid the bond service charges.	47954

(F) The chancellor may make payments under this section to	47955
paying agents or fiscal agents during any fiscal biennium of the	47956
state only from and to the extent that money is appropriated to	47957
the board of regents by the general assembly for distribution	47958
during such biennium for the state share of instruction and only	47959
to the extent that a portion of the state share of instruction has	47960
been allocated to the community or technical college district or	47961
community or technical college. Obligations of the issuing	47962
authority or of a community or technical college district to which	47963
this section is made applicable do not constitute an obligation or	47964
a debt or a pledge of the faith, credit, or taxing power of the	47965
state, and the holders or owners of those obligations have no	47966
right to have excises or taxes levied or appropriations made by	47967
the general assembly for the payment of bond service charges on	47968
the obligations, and the obligations shall contain a statement to	47969
that effect. The agreement for or the actual withholding and	47970
payment of money under this section does not constitute the	47971
assumption by the state of any debt of a community or technical	47972
college district or a community or technical college, and bond	47973
service charges on the related obligations are not anticipated to	47974
be paid from the state general revenue fund for purposes of	47975
Section 17 of Article VIII, Ohio Constitution.	47976

(G) In the case of obligations subject to the withholding	47977
provisions of this section, the issuing community or technical	47978
college district, or the issuing authority in the case of	47979
obligations issued by the issuing authority, shall appoint a	47980
paying agent or fiscal agent who is not an officer or employee of	47981
the district or college.	47982

(H) The chancellor, with the advice and consent of the office	47983
of budget and management, may adopt reasonable rules not	47984
inconsistent with this section for the implementation of this	47985
section to secure payment of bond service charges on obligations	47986
issued by a community or technical college district or by the	47987
issuing authority for the benefit of a community or technical	47988
college district or the community or technical college it	47989
operates. Those rules shall include criteria for the evaluation	47990
and approval or denial of community or technical college district	47991
requests for withholding under this section.	47992

(I) The authority granted by this section is in addition to	47993
and not a limitation on any other authorizations granted by or	47994
pursuant to law for the same or similar purposes.	47995

Sec. 3333.613. There is hereby created in the state treasury	47996
the choose Ohio first scholarship reserve fund. Not later than the	47997
first day of July of each fiscal year, the chancellor of the Ohio	47998
board of regents shall certify to the director of budget and	47999
management the unencumbered balance of the general revenue fund	48000
appropriations made in the immediately preceding fiscal year for	48001
purposes of the choose Ohio first scholarship program created in	48002
section 3333.61 of the Revised Code. Upon receipt of the	48003
certification, the director may transfer an amount not exceeding	48004
the certified amount from the general revenue fund to the choose	48005
Ohio first scholarship reserve fund. Moneys in the choose Ohio	48006
first scholarship reserve fund shall be used to pay scholarship	48007
obligations in excess of the general revenue fund appropriations	48008
made for that purpose.	48009

The director may transfer any unencumbered balance from the	48010
choose Ohio first scholarship reserve fund to the general revenue	48011
fund.	48012

Sec. 3333.82. (A) The chancellor of the Ohio board of	48013
regents shall establish a clearinghouse of interactive distance	48014
learning courses and other distance learning courses delivered via	48015
a computer-based method offered by school districts, community	48016
schools, STEM schools, state institutions of higher education,	48017
private colleges and universities, and other nonprofit and	48018
for-profit course providers for sharing with other school	48019
districts, community schools, STEM schools, state institutions of	48020
higher education, private colleges and universities, and	48021
individuals for the fee set pursuant to section 3333.84 of the	48022
Revised Code. The chancellor shall not be responsible for the	48023
content of courses offered through the clearinghouse; however, all	48024
such courses shall be delivered only in accordance with technical	48025
specifications approved by the chancellor and on a common	48026
statewide platform administered by the chancellor.	48027

The clearinghouse's distance learning program for students in	48028
grades kindergarten to twelve shall be based on the following	48029
principles:	48030

(1) All Ohio students shall have access to high quality	48031
distance learning courses at any point in their educational	48032
careers.	48033

(2) All students shall be able to customize their education	48034
using distance learning courses offered through the clearinghouse	48035
and no student shall be denied access to any course in the	48036
clearinghouse in which the student is eligible to enroll.	48037

(3) Students may take distance learning courses for all or	48038
any portion of their curriculum requirements and may utilize a	48039
combination of distance learning courses and courses taught in a	48040
traditional classroom setting.	48041

(4) Students may earn an unlimited number of academic credits	48042
through distance learning courses.	48043

(5) Students may take distance learning courses at any time	48044
of the calendar year.	48045

(6) Student advancement to higher coursework shall be based	48046
on a demonstration of subject area competency instead of	48047
completion of any particular number of hours of instruction.	48048

(B) To offer a course through the clearinghouse, a course	48049
provider shall apply to the chancellor in a form and manner	48050
prescribed by the chancellor. The application for each course	48051
shall describe the course of study in as much detail as required	48052
by the chancellor, whether an instructor is provided, the	48053
qualification and credentials of the instructor, the number of	48054
hours of instruction, and any other information required by the	48055
chancellor. The chancellor may require course providers to include	48056
in their applications information recommended by the state board	48057
of education under former section 3353.30 of the Revised Code.	48058

(C) The chancellor shall review the technical specifications	48059
of each application submitted under division (B) of this section.	48060
In reviewing applications, the chancellor may consult with the	48061
department of education; however, the responsibility to either	48062
approve or not approve a course for the clearinghouse belongs to	48063
the chancellor. The chancellor may request additional information	48064
from a course provider that submits an application under division	48065
(B) of this section, if the chancellor determines that such	48066
information is necessary. The chancellor may negotiate changes in	48067
the proposal to offer a course, if the chancellor determines that	48068
changes are necessary in order to approve the course.	48069

(D) The chancellor shall catalog each course approved for the	48070
clearinghouse, through a print or electronic medium, displaying	48071
the following:	48072

(1) Information necessary for a student and the student's	48073
parent, guardian, or custodian and the student's school district,	48074
community school, STEM school, college, or university to decide	48075
whether to enroll in or subscribe to the course;	48076

(2) Instructions for enrolling in that course, including	48077
deadlines for enrollment.	48078

(E) Any expenses related to the installation of a course into	48079
the common statewide platform shall be borne by the course	48080
provider.	48081

(F) ~~The eTech Ohio commission, in consultation with the~~	48082
~~chancellor and the state board~~, shall distribute information to	48083
students and parents describing the clearinghouse. The information	48084
shall be provided in an easily understandable formatThe	48085
chancellor may contract with an entity to perform any or all of	48086
the chancellor's duties under sections 3333.81 to 3333.88 of the	48087
Revised Code.	48088

Sec. 3333.86. The chancellor of the Ohio board of regents	48089
may determine the manner in which a course included in the	48090
clearinghouse may be offered as ~~a dual enrollment~~an advanced	48091
standing program as defined in section 3313.6013 of the Revised	48092
Code, may be offered to students who are enrolled in nonpublic	48093
schools or are instructed at home pursuant to section 3321.04 of	48094
the Revised Code, or may be offered at times outside the normal	48095
school day or school week, including any necessary additional fees	48096
and methods of payment for a course so offered.	48097

~~Sec. 3353.01.~~ Sec. 3333.89. As used in ~~this chapter~~sections	48098
3333.90 to 3333.92 of the Revised Code:	48099

(A) "Educational television or radio" means television or	48100
radio programs which serve the educational needs of the community	48101
and which meet the requirements of the federal communications	48102
commission for noncommercial educational television or radio.	48103

(B) "Educational telecommunications network" means a system	48104
of connected educational television, radio, or radio reading	48105
service facilities and coordinated programs established and	48106
operated or controlled by the eTech Ohio commission, pursuant to	48107
this chapter.	48108

(C) "Transmission" means the sending out of television,	48109
radio, or radio reading service programs, either directly to the	48110
public, or to broadcasting stations or services for simultaneous	48111
broadcast or rebroadcast.	48112

(D) "Transmission facilities" means structures, equipment,	48113
material, and services used in the transmission of educational	48114
television, radio, or radio reading service programs.	48115

(E) "Interconnection facilities" means the equipment,	48116
material, and services used to link one location to another	48117
location or to several locations by means of telephone line,	48118
coaxial cable, microwave relays, or other available technologies.	48119

(F) "Broadcasting station" means a properly licensed	48120
noncommercial educational television or radio station,	48121
appropriately staffed and equipped to produce programs or lessons	48122
and to broadcast programs.	48123

(G) "Radio reading service" means a nonprofit organization	48124
that disseminates news and other information to blind and	48125
physically handicapped persons.	48126

(H) "Affiliate" means an educational telecommunication	48127
entity, including a television or radio broadcasting station or	48128
radio reading service.	48129

Sec. 3333.90. (A) The chancellor of the Ohio board of	48130
regents shall do all of the following regarding the management and	48131
oversight of the state's educational telecommunications	48132
activities:	48133

(1) Own or operate transmission facilities and	48134
interconnection facilities, or contract for transmission	48135
facilities and interconnection facilities, for an educational	48136
television, radio, or radio reading service network;	48137

(2) Establish standards for interconnection facilities used	48138
by the chancellor in the transmission of educational television,	48139
radio, or radio reading service programming;	48140

(3) Enter into agreements with noncommercial educational	48141
television or radio broadcasting stations or radio reading	48142
services for the operation of the interconnection;	48143

(4) Enter into agreements with noncommercial educational	48144
television or radio broadcasting stations or radio reading	48145
services for the production and use of educational television,	48146
radio, or radio reading service programs to be transmitted by the	48147
educational telecommunications network;	48148

(5) Act as consultant with educational television and	48149
educational radio stations and radio reading services toward	48150
coordination within the state of the distribution of federal funds	48151
that may become available for equipment for educational	48152
broadcasting or radio reading services;	48153

(6) Make payments to noncommercial Ohio educational	48154
television or radio broadcasting stations or radio reading	48155
services to sustain the operation of such stations or services;	48156

(7) Execute contracts and other agreements necessary and	48157
desirable to carry out the purposes of this section.	48158

(B) Sections 9.331 to 9.335 and Chapters 123., 124., 125.,	48159
and 153. of the Revised Code do not apply to contracts, programs,	48160
projects, or activities of the chancellor carried out under this	48161
section.	48162

(C) All employees of the former eTech Ohio commission who	48163
transferred to the office of the chancellor, as a result of the	48164
transfer to the chancellor of the state's educational	48165
telecommunications activities, and who when employed by that	48166
commission or a predecessor agency were included in a bargaining	48167
unit established under Chapter 4117. of the Revised Code, shall	48168
continue to be included in that bargaining unit, are public	48169
employees as defined in section 4117.01 of the Revised Code, and	48170
may collectively bargain with the chancellor in accordance with	48171
that chapter. Otherwise, any employee hired by the chancellor	48172
after the abolishment of the commission, either to fill vacancies	48173
or to fill new positions related to the chancellor's duties under	48174
this section, shall be exempt from Chapter 4117. of the Revised	48175
Code and shall not be public employees as defined in section	48176
4117.01 of the Revised Code.	48177

~~Sec. 3353.05.~~ Sec. 3333.91. Any taxing authority as defined in	48178
section 5705.01 of the Revised Code located in a county may pay to	48179
any noncommercial educational television or radio broadcasting	48180
station or radio reading service located in the county or serving	48181
any part of the county an amount not to exceed five cents annually	48182
on each one thousand dollars of the total value of all property	48183
within the county as listed and assessed for taxation at the close	48184
of the fiscal year immediately preceding the year in which the	48185
payment is made.	48186

~~Sec. 3353.06.~~ Sec. 3333.92. (A) The affiliates services fund is	48187
hereby created in the state treasury. The ~~eTech Ohio commission~~	48188
chancellor of the Ohio board of regents shall deposit any money it	48189
receives for services provided to affiliates to the credit of the	48190
fund, including:	48191

(1) Reimbursements for services provided to stations;

48192

(2) Charges levied for maintenance of telecommunications,	48193
broadcasting, or transmission equipment;	48194

(3) Contract or grant payments from affiliates.

48195

(B) The ~~commission~~chancellor shall use money credited to the	48196
affiliates services fund for any commission operating purposes,	48197
including:	48198

(1) The purchase, repair, or maintenance of	48199
telecommunications, broadcasting, or transmission equipment;	48200

(2) The purchase or lease of educational programming;

48201

(3) The purchase of tape and maintenance of a media library;

48202

(4) Professional development programs and services;

48203

(5) Administrative expenses.

48204

~~Sec. 3353.07.~~ Sec. 3333.93. (A) There is hereby created the Ohio	48205
government telecommunications service. The Ohio government	48206
telecommunications service shall provide the state government and	48207
affiliated organizations with multimedia support including audio,	48208
visual, and internet services, multimedia streaming, and hosting	48209
multimedia programs.	48210

Services relating to the official activities of the general	48211
assembly and the executive offices provided by the Ohio government	48212
telecommunications service shall be funded through grants to a	48213
public television broadcasting station that will manage the staff	48214
and provide the services of the Ohio government telecommunications	48215
service. The Ohio educational television stations shall select a	48216
member station to manage the Ohio government telecommunications	48217
service. The Ohio government telecommunications service shall	48218
receive grants from, or contract with, any of the three branches	48219
of Ohio government, and their affiliates, to provide additional	48220
services. Services provided by the Ohio government	48221
telecommunications service shall not be used for political	48222
purposes included in campaign materials, or otherwise used to	48223
influence an election, legislation, issue, judicial decision, or	48224
other policy of state government.	48225

(B)(1) There is hereby created the legislative programming	48226
committee of the Ohio government telecommunications service that	48227
shall consist of the president of the senate, speaker of the house	48228
of representatives, minority leader of the senate, and minority	48229
leader of the house of representatives, or their designees, and	48230
the clerks of the senate and house of representatives as	48231
nonvoting, ex officio members. By a vote of a majority of its	48232
members, the program committee may add additional members to the	48233
committee.	48234

(2) The legislative programming committee shall adopt rules	48235
that govern the operation of the Ohio government	48236
telecommunications service relating to the general assembly and	48237
any affiliated organizations.	48238

~~Sec. 3353.11.~~ Sec. 3333.94. There is hereby created in the state	48239
treasury the governmental telecommunications operating fund. The	48240
fund shall consist of money received from contract services of the	48241
Ohio government telecommunications service and shall be used for	48242
operations or equipment breakdowns related to the service. Only	48243
the Ohio government telecommunications service may authorize the	48244
spending of money in the fund. All investment earnings of the fund	48245
shall be credited to the fund. Once the fund has a balance of	48246
zero, the fund shall cease to exist.	48247

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	48248
section, a graduate of the twelfth grade shall be entitled to	48249
admission without examination to any college or university which	48250
is supported wholly or in part by the state, but for unconditional	48251
admission may be required to complete such units not included in	48252
the graduate's high school course as may be prescribed, not less	48253
than two years prior to the graduate's entrance, by the faculty of	48254
the institution.	48255

(B) Beginning with the 2014-2015 academic year, each state	48256
university listed in section 3345.011 of the Revised Code, except	48257
for Central state university, Shawnee state university, and	48258
Youngstown state university, shall permit a resident of this state	48259
who entered ninth grade for the first time on or after July 1,	48260
2010, to begin undergraduate coursework at the university only if	48261
the person has successfully completed the Ohio core curriculum for	48262
high school graduation prescribed in division (C) of section	48263
3313.603 of the Revised Code, unless one of the following applies:	48264

(1) The person has earned at least ten semester hours, or the	48265
equivalent, at a community college, state community college,	48266
university branch, technical college, or another post-secondary	48267
institution except a state university to which division (B) of	48268
this section applies, in courses that are college-credit-bearing	48269
and may be applied toward the requirements for a degree. The	48270
university shall grant credit for successful completion of those	48271
courses pursuant to any applicable articulation and transfer	48272
policy of the Ohio board of regents or any agreements the	48273
university has entered into in accordance with policies and	48274
procedures adopted under section 3333.16, 3313.161, or 3333.162 of	48275
the Revised Code. The university may count college credit that the	48276
student earned while in high school through the ~~post-secondary~~	48277
~~enrollment options~~college credit plus program under Chapter 3365.	48278
of the Revised Code, or through other ~~dual enrollment~~advanced	48279
standing programs, toward the requirements of division (B)(1) of	48280
this section if the credit may be applied toward a degree.	48281

(2) The person met the high school graduation requirements by	48282
successfully completing the person's individualized education	48283
program developed under section 3323.08 of the Revised Code.	48284

(3) The person is receiving or has completed the final year	48285
of instruction at home as authorized under section 3321.04 of the	48286
Revised Code, or has graduated from a nonchartered, nonpublic	48287
school in Ohio, and demonstrates mastery of the academic content	48288
and skills in reading, writing, and mathematics needed to	48289
successfully complete introductory level coursework at an	48290
institution of higher education and to avoid remedial coursework.	48291

(4) The person is a high school student participating in the	48292
~~post-secondary enrollment options~~college credit plus program	48293
under Chapter 3365. of the Revised Code or another ~~dual enrollment~~	48294
advanced standing program.	48295

(C) A state university subject to division (B) of this	48296
section may delay admission for or admit conditionally an	48297
undergraduate student who has successfully completed the Ohio core	48298
curriculum if the university determines the student requires	48299
academic remedial or developmental coursework. The university may	48300
delay admission pending, or make admission conditional upon, the	48301
student's successful completion of the academic remedial or	48302
developmental coursework at a university branch, community	48303
college, state community college, or technical college.	48304

(D) This section does not deny the right of a college of law,	48305
medicine, or other specialized education to require college	48306
training for admission, or the right of a department of music or	48307
other art to require particular preliminary training or talent.	48308

Sec. 3345.12. (A) As used in this section and sections	48309
3345.07 and 3345.11 of the Revised Code, in other sections of the	48310
Revised Code that make reference to this section unless the	48311
context does not permit, and in related bond proceedings unless	48312
otherwise expressly provided:	48313

(1) "State university or college" means each of the state	48314
universities identified in section 3345.011 of the Revised Code	48315
and the northeast Ohio medical university, and includes its board	48316
of trustees.	48317

(2) "Institution of higher education" or "institution" means	48318
a state university or college, or a community college district,	48319
technical college district, university branch district, or state	48320
community college, and includes the applicable board of trustees	48321
or, in the case of a university branch district, any other	48322
managing authority.	48323

(3) "Housing and dining facilities" means buildings,	48324
structures, and other improvements, and equipment, real estate,	48325
and interests in real estate therefor, to be used for or in	48326
connection with dormitories or other living quarters and	48327
accommodations, or related dining halls or other food service and	48328
preparation facilities, for students, members of the faculty,	48329
officers, or employees of the institution of higher education, and	48330
their spouses and families.	48331

(4) "Auxiliary facilities" means buildings, structures, and	48332
other improvements, and equipment, real estate, and interests in	48333
real estate therefor, to be used for or in connection with student	48334
activity or student service facilities, housing and dining	48335
facilities, dining halls, and other food service and preparation	48336
facilities, vehicular parking facilities, bookstores, athletic and	48337
recreational facilities, faculty centers, auditoriums, assembly	48338
and exhibition halls, hospitals, infirmaries and other medical and	48339
health facilities, research, and continuing education facilities.	48340

(5) "Education facilities" means buildings, structures, and	48341
other improvements, and equipment, real estate, and interests in	48342
real estate therefor, to be used for or in connection with,	48343
classrooms or other instructional facilities, libraries,	48344
administrative and office facilities, and other facilities, other	48345
than auxiliary facilities, to be used directly or indirectly for	48346
or in connection with the conduct of the institution of higher	48347
education.	48348

(6) "Facilities" means housing and dining facilities,	48349
auxiliary facilities, or education facilities, and includes any	48350
one, part of, or any combination of such facilities, and further	48351
includes site improvements, utilities, machinery, furnishings, and	48352
any separate or connected buildings, structures, improvements,	48353
sites, open space and green space areas, utilities or equipment to	48354
be used in, or in connection with the operation or maintenance of,	48355
or supplementing or otherwise related to the services or	48356
facilities to be provided by, such facilities.	48357

(7) "Obligations" means bonds or notes or other evidences of	48358
obligation, including interest coupons pertaining thereto,	48359
authorized to be issued under this section or section 3345.07,	48360
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	48361
Code.	48362

(8) "Bond service charges" means principal, including any	48363
mandatory sinking fund or redemption requirements for the	48364
retirement of obligations or assurances, interest, or interest	48365
equivalent and other accreted amounts, and any call premium	48366
required to be paid on obligations or assurances.	48367

(9) "Bond proceedings" means the resolutions, trust	48368
agreement, indenture, and other agreements and credit enhancement	48369
facilities, and amendments and supplements to the foregoing, or	48370
any one or more or combination thereof, authorizing, awarding, or	48371
providing for the terms and conditions applicable to, or providing	48372
for the security or liquidity of, obligations or assurances, and	48373
the provisions contained in those obligations or assurances.	48374

(10) "Costs of facilities" means the costs of acquiring,	48375
constructing, reconstructing, rehabilitating, remodeling,	48376
renovating, enlarging, improving, equipping, or furnishing	48377
facilities, and the financing thereof, including the cost of	48378
clearance and preparation of the site and of any land to be used	48379
in connection with facilities, the cost of any indemnity and	48380
surety bonds and premiums on insurance, all related direct	48381
administrative expenses and allocable portions of direct costs of	48382
the institution of higher education or state agency, cost of	48383
engineering, architectural services, design, plans, specifications	48384
and surveys, estimates of cost, legal fees, fees and expenses of	48385
trustees, depositories, bond registrars, and paying agents for the	48386
obligations, cost of issuance of the obligations and financing	48387
costs and fees and expenses of financial advisers and consultants	48388
in connection therewith, interest on the obligations from the date	48389
thereof to the time when interest is to be covered by available	48390
receipts or other sources other than proceeds of the obligations,	48391
amounts necessary to establish reserves as required by the bond	48392
proceedings, costs of audits, the reimbursements of all moneys	48393
advanced or applied by or borrowed from the institution or others,	48394
from whatever source provided, including any temporary advances	48395
from state appropriations, for the payment of any item or items of	48396
cost of facilities, and all other expenses necessary or incident	48397
to planning or determining feasibility or practicability with	48398
respect to facilities, and such other expenses as may be necessary	48399
or incident to the acquisition, construction, reconstruction,	48400
rehabilitation, remodeling, renovation, enlargement, improvement,	48401
equipment, and furnishing of facilities, the financing thereof and	48402
the placing of them in use and operation, including any one, part	48403
of, or combination of such classes of costs and expenses.	48404

(11) "Available receipts" means all moneys received by the	48405
institution of higher education, including income, revenues, and	48406
receipts from the operation, ownership, or control of facilities	48407
or entrepreneurial projects, grants, gifts, donations, and pledges	48408
and receipts therefrom, receipts from fees and charges, and the	48409
proceeds of the sale of obligations or assurances, including	48410
proceeds of obligations or assurances issued to refund obligations	48411
or assurances previously issued, but excluding any special fee,	48412
and receipts therefrom, charged pursuant to division (D) of	48413
section 154.21 of the Revised Code.	48414

(12) "Credit enhancement facilities" has the meaning given in	48415
division (H) of section 133.01 of the Revised Code.	48416

(13) "Financing costs" has the meaning given in division (K)	48417
of section 133.01 of the Revised Code.	48418

(14) "Interest" or "interest equivalent" has the meaning	48419
given in division (R) of section 133.01 of the Revised Code.	48420

(15) "Assurances" means bonds, notes, or other evidence of	48421
indebtedness, including interest coupons pertaining thereto,	48422
authorized to be issued under section 3345.36 of the Revised Code.	48423

(16) "Entrepreneurial project" has the same meaning as in	48424
section 3345.36 of the Revised Code.	48425

(17) "Costs of entrepreneurial projects" means any costs	48426
related to the establishment or development of entrepreneurial	48427
projects pursuant to a resolution adopted under section 3345.36 of	48428
the Revised Code.	48429

(B) Obligations issued under section 3345.07 or 3345.11 of	48430
the Revised Code by a state university or college shall be	48431
authorized by resolution of its board of trustees. Obligations	48432
issued by any other institution of higher education shall be	48433
authorized by resolution of its board of trustees, or managing	48434
directors in the case of certain university branch districts, as	48435
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code	48436
apply to obligations and assurances. Obligations and assurances	48437
may be issued to pay costs of facilities or entrepreneurial	48438
projects even if the institution anticipates the possibility of a	48439
future state appropriation to pay all or a portion of such costs.	48440

(C) Obligations and assurances shall be secured by a pledge	48441
of and lien on all or such part of the available receipts of the	48442
institution of higher education as it provides for in the bond	48443
proceedings, excluding moneys raised by taxation and state	48444
appropriations except as permitted by section ~~3333.90~~3333.59 of	48445
the Revised Code. Such pledge and lien may be made prior to all	48446
other expenses, claims, or payments, excepting any pledge of such	48447
available receipts previously made to the contrary and except as	48448
provided by any existing restrictions on the use thereof, or such	48449
pledge and lien may be made subordinate to such other expenses,	48450
claims, or payments, as provided in the bond proceedings.	48451
Obligations or assurances may be additionally secured by covenants	48452
of the institution to make, fix, adjust, collect, and apply such	48453
charges, rates, fees, rentals, and other items of available	48454
receipts as will produce pledged available receipts sufficient to	48455
meet bond service charges, reserve, and other requirements	48456
provided for in the bond proceedings. Notwithstanding this and any	48457
other sections of the Revised Code, the holders or owners of the	48458
obligations or assurances shall not be given the right and shall	48459
have no right to have excises or taxes levied by the general	48460
assembly for the payment of bond service charges thereon, and each	48461
such obligation or assurance shall bear on its face a statement to	48462
that effect and to the effect that the right to such payment is	48463
limited to the available receipts and special funds pledged to	48464
such purpose under the bond proceedings.	48465

All pledged available receipts and funds and the proceeds of	48466
obligations or assurances are trust funds and, subject to the	48467
provisions of this section and the applicable bond proceedings,	48468
shall be held, deposited, invested, reinvested, disbursed,	48469
applied, and used to such extent, in such manner, at such times,	48470
and for such purposes, as are provided in the bond proceedings.	48471

(D) The bond proceedings for obligations or assurances shall	48472
provide for the purpose thereof and the principal amount or	48473
maximum principal amount, and provide for or authorize the manner	48474
of determining the principal maturity or maturities, the sale	48475
price including any permitted discount, the interest rate or	48476
rates, which may be a variable rate or rates, or the maximum	48477
interest rate, the date of the obligations or assurances and the	48478
date or dates of payment of interest thereon, their denominations,	48479
the manner of sale thereof, and the establishment within or	48480
without the state of a place or places of payment of bond service	48481
charges. The bond proceedings also shall provide for a pledge of	48482
and lien on available receipts of the institution of higher	48483
education as provided in division (C) of this section, and a	48484
pledge of and lien on such fund or funds provided in the bond	48485
proceedings arising from available receipts, which pledges and	48486
liens may provide for parity with obligations or assurances	48487
theretofore or thereafter issued by the institution. The available	48488
receipts so pledged and thereafter received by the institution and	48489
the funds so pledged are immediately subject to the lien of such	48490
pledge without any physical delivery thereof or further act, and	48491
the lien of any such pledge is valid and binding against all	48492
parties having claims of any kind against the institution,	48493
irrespective of whether such parties have notice thereof, and	48494
shall create a perfected security interest for all purposes of	48495
Chapter 1309. of the Revised Code, without the necessity for	48496
separation or delivery of funds or for the filing or recording of	48497
the bond proceedings by which such pledge is created or any	48498
certificate, statement, or other document with respect thereto;	48499
and the pledge of such available receipts and funds shall be	48500
effective and the money therefrom and thereof may be applied to	48501
the purposes for which pledged without necessity for any act of	48502
appropriation.	48503

(E) The bond proceedings may contain additional provisions	48504
customary or appropriate to the financing or to the obligations or	48505
assurances or to particular obligations and assurances, including:	48506

(1) The acquisition, construction, reconstruction, equipment,	48507
furnishing, improvement, operation, alteration, enlargement,	48508
maintenance, insurance, and repair of facilities or	48509
entrepreneurial projects, and the duties of the institution of	48510
higher education with reference thereto;	48511

(2) The terms of the obligations or assurances, including	48512
provisions for their redemption prior to maturity at the option of	48513
the institution of higher education at such price or prices and	48514
under such terms and conditions as are provided in the bond	48515
proceedings;	48516

(3) Limitations on the purposes to which the proceeds of the	48517
obligations or assurances may be applied;	48518

(4) The rates or rentals or other charges for the use of or	48519
right to use the facilities or entrepreneurial projects financed	48520
by the obligations or assurances, or other properties the revenues	48521
or receipts from which are pledged to the obligations or	48522
assurances, and rules for assuring any applicable use and	48523
occupancy thereof, including limitations upon the right to modify	48524
such rates, rentals, other charges, or regulations;	48525

(5) The use and expenditure of the pledged available receipts	48526
in such manner and to such extent as shall be determined, which	48527
may include provision for the payment of the expenses of	48528
operation, maintenance, and repair of facilities or	48529
entrepreneurial projects so that such expenses, or part thereof,	48530
shall be paid or provided as a charge prior or subsequent to the	48531
payment of bond service charges and any other payments required to	48532
be made by the bond proceedings;	48533

(6) Limitations on the issuance of additional obligations or	48534
assurances;	48535

(7) The terms of any trust agreement or indenture securing	48536
the obligations or assurances or under which the same may be	48537
issued;	48538

(8) The deposit, investment, and application of funds, and	48539
the safeguarding of funds on hand or on deposit without regard to	48540
Chapter 131. or 135. of the Revised Code, and any bank or trust	48541
company or other financial institution that acts as depository of	48542
any moneys under the bond proceedings shall furnish such	48543
indemnifying bonds or pledge such securities as required by the	48544
bond proceedings or otherwise by the institution of higher	48545
education;	48546

(9) The binding effect of any or every provision of the bond	48547
proceedings upon such officer, board, commission, authority,	48548
agency, department, or other person or body as may from time to	48549
time have the authority under law to take such actions as may be	48550
necessary to perform all or any part of the duty required by such	48551
provision;	48552

(10) Any provision that may be made in a trust agreement or	48553
indenture;	48554

(11) Any other or additional agreements with respect to the	48555
facilities of the institution of higher education or its	48556
entrepreneurial projects, their operation, the available receipts	48557
and funds pledged, and insurance of facilities or entrepreneurial	48558
projects and of the institution, its officers and employees.	48559

(F) Such obligations or assurances may have the seal of the	48560
institution of higher education or a facsimile thereof affixed	48561
thereto or printed thereon and shall be executed by such officers	48562
as are designated in the bond proceedings, which execution may be	48563
by facsimile signatures. Any obligations or assurances may be	48564
executed by an officer who, on the date of execution, is the	48565
proper officer although on the date of such obligations or	48566
assurances such person was not the proper officer. In case any	48567
officer whose signature or a facsimile of whose signature appears	48568
on any such obligation or assurance ceases to be such officer	48569
before delivery thereof, such signature or facsimile is	48570
nevertheless valid and sufficient for all purposes as if the	48571
person had remained such officer until such delivery; and in case	48572
the seal of the institution has been changed after a facsimile of	48573
the seal has been imprinted on such obligations or assurances,	48574
such facsimile seal continues to be sufficient as to such	48575
obligations or assurances and obligations or assurances issued in	48576
substitution or exchange therefor.	48577

(G) All such obligations or assurances are negotiable	48578
instruments and securities under Chapter 1308. of the Revised	48579
Code, subject to the provisions of the bond proceedings as to	48580
registration. The obligations or assurances may be issued in	48581
coupon or in registered form, or both. Provision may be made for	48582
the registration of any obligations or assurances with coupons	48583
attached thereto as to principal alone or as to both principal and	48584
interest, their exchange for obligations or assurances so	48585
registered, and for the conversion or reconversion into	48586
obligations or assurances with coupons attached thereto of any	48587
obligations or assurances registered as to both principal and	48588
interest, and for reasonable charges for such registration,	48589
exchange, conversion, and reconversion.	48590

(H) Pending preparation of definitive obligations or	48591
assurances, the institution of higher education may issue interim	48592
receipts or certificates which shall be exchanged for such	48593
definitive obligations or assurances.	48594

(I) Such obligations or assurances may be secured	48595
additionally by a trust agreement or indenture between the	48596
institution of higher education and a corporate trustee, which may	48597
be any trust company or bank having the powers of a trust company	48598
within or without this state but authorized to exercise trust	48599
powers within this state. Any such agreement or indenture may	48600
contain the resolution authorizing the issuance of the obligations	48601
or assurances, any provisions that may be contained in the bond	48602
proceedings as authorized by this section, and other provisions	48603
which are customary or appropriate in an agreement or indenture of	48604
such type, including:	48605

(1) Maintenance of each pledge, trust agreement, and	48606
indenture, or other instrument comprising part of the bond	48607
proceedings until the institution of higher education has fully	48608
paid the bond service charges on the obligations or assurances	48609
secured thereby, or provision therefor has been made;	48610

(2) In the event of default in any payments required to be	48611
made by the bond proceedings, or any other agreement of the	48612
institution of higher education made as a part of the contract	48613
under which the obligations or assurances were issued, enforcement	48614
of such payments or agreement by mandamus, the appointment of a	48615
receiver, suit in equity, action at law, or any combination of the	48616
foregoing;	48617

(3) The rights and remedies of the holders of obligations or	48618
assurances and of the trustee, and provisions for protecting and	48619
enforcing them, including limitations on rights of individual	48620
holders of obligations or assurances;	48621

(4) The replacement of any obligations or assurances that	48622
become mutilated or are destroyed, lost, or stolen;	48623

(5) Such other provisions as the trustee and the institution	48624
of higher education agree upon, including limitations, conditions,	48625
or qualifications relating to any of the foregoing.	48626

(J) Each duty of the institution of higher education and its	48627
officers or employees, undertaken pursuant to the bond proceedings	48628
or any related agreement or lease made under authority of law, is	48629
hereby established as a duty of such institution, and of each such	48630
officer or employee having authority to perform such duty,	48631
specially enjoined by law resulting from an office, trust, or	48632
station within the meaning of section 2731.01 of the Revised Code.	48633
The persons who are at the time the members of the board of	48634
trustees or the managing directors of the institution or its	48635
officers or employees are not liable in their personal capacities	48636
on such obligations or assurances, or lease, or other agreement of	48637
the institution.	48638

(K) The authority to issue obligations or assurances includes	48639
authority to:	48640

(1) Issue obligations or assurances in the form of bond	48641
anticipation notes and to renew them from time to time by the	48642
issuance of new notes. Such notes are payable solely from the	48643
available receipts and funds that may be pledged to the payment of	48644
such bonds, or from the proceeds of such bonds or renewal notes,	48645
or both, as the institution of higher education provides in its	48646
resolution authorizing such notes. Such notes may be additionally	48647
secured by covenants of the institution to the effect that it will	48648
do such or all things necessary for the issuance of such bonds or	48649
renewal notes in appropriate amount, and either exchange such	48650
bonds or renewal notes therefor or apply the proceeds thereof to	48651
the extent necessary, to make full payment of the bond service	48652
charges on such notes at the time or times contemplated, as	48653
provided in such resolution. Subject to the provisions of this	48654
division, all references to obligations or assurances in this	48655
section apply to such anticipation notes.	48656

(2) Issue obligations or assurances to refund, including	48657
funding and retirement of, obligations or assurances previously	48658
issued to pay costs of facilities or entrepreneurial projects.	48659
Such obligations or assurances may be issued in amounts sufficient	48660
for payment of the principal amount of the obligations or	48661
assurances to be so refunded, any redemption premiums thereon,	48662
principal maturities of any obligations or assurances maturing	48663
prior to the redemption of any other obligations or assurances on	48664
a parity therewith to be so refunded, interest accrued or to	48665
accrue to the maturity date or dates of redemption of such	48666
obligations or assurances, and any expenses incurred or to be	48667
incurred in connection with such refunding or the issuance of the	48668
obligations or assurances.	48669

(L) Obligations and assurances are lawful investments for	48670
banks, societies for savings, savings and loan associations,	48671
deposit guarantee associations, trust companies, trustees,	48672
fiduciaries, insurance companies, including domestic for life and	48673
domestic not for life, trustees or other officers having charge of	48674
sinking and bond retirement or other special funds of political	48675
subdivisions and taxing districts of this state, the commissioners	48676
of the sinking fund, the administrator of workers' compensation in	48677
accordance with the investment policy approved by the bureau of	48678
workers' compensation board of directors pursuant to section	48679
4121.12 of the Revised Code, the state teachers retirement system,	48680
the public employees retirement system, the school employees	48681
retirement system, and the Ohio police and fire pension fund,	48682
notwithstanding any other provisions of the Revised Code or rules	48683
adopted pursuant thereto by any state agency with respect to	48684
investments by them, and are also acceptable as security for the	48685
deposit of public moneys.	48686

(M) All facilities or entrepreneurial projects purchased,	48687
acquired, constructed, or owned by an institution of higher	48688
education, or financed in whole or in part by obligations or	48689
assurances issued by an institution, and used for the purposes of	48690
the institution or other publicly owned and controlled college or	48691
university, is public property used exclusively for a public	48692
purpose, and such property and the income therefrom is exempt from	48693
all taxation and assessment within this state, including ad	48694
valorem and excise taxes. The obligations or assurances, the	48695
transfer thereof, and the income therefrom, including any profit	48696
made on the sale thereof, are at all times free from taxation	48697
within the state. The transfer of tangible personal property by	48698
lease under authority of this section or section 3345.07, 3345.11,	48699
3345.36, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised	48700
Code is not a sale as used in Chapter 5739. of the Revised Code.	48701

(N) The authority granted by this section is cumulative with	48702
the authority granted to institutions of higher education under	48703
Chapter 154. of the Revised Code, and nothing in this section	48704
impairs or limits the authority granted by Chapter 154. of the	48705
Revised Code. In any lease, agreement, or commitment made by an	48706
institution of higher education under Chapter 154. of the Revised	48707
Code, it may agree to restrict or subordinate any pledge it may	48708
thereafter make under authority of this section.	48709

(O) Title to lands acquired under this section and sections	48710
3345.07 and 3345.11 of the Revised Code by a state university or	48711
college shall be taken in the name of the state.	48712

(P) Except where costs of facilities or entrepreneurial	48713
projects are to be paid in whole or in part from funds	48714
appropriated by the general assembly, section 125.81 of the	48715
Revised Code and the requirement for certification with respect	48716
thereto under section 153.04 of the Revised Code do not apply to	48717
such facilities or entrepreneurial projects.	48718

(Q) A state university or college may sell or lease lands or	48719
interests in land owned by it or by the state for its use, or	48720
facilities authorized to be acquired or constructed by it under	48721
section 3345.07 or 3345.11 of the Revised Code, to permit the	48722
purchasers or lessees thereof to acquire, construct, equip,	48723
furnish, reconstruct, alter, enlarge, remodel, renovate,	48724
rehabilitate, improve, maintain, repair, or maintain and operate	48725
thereon and to provide by lease or otherwise to such institution,	48726
facilities authorized in section 3345.07 or 3345.11 of the Revised	48727
Code or entrepreneurial projects authorized under section 3345.36	48728
of the Revised Code. Such land or interests therein shall be sold	48729
for such appraised value, or leased, and on such terms as the	48730
board of trustees determines. All deeds or other instruments	48731
relating to such sales or leases shall be executed by such officer	48732
of the state university or college as the board of trustees	48733
designates. The state university or college shall hold, invest, or	48734
use the proceeds of such sales or leases for the same purposes for	48735
which proceeds of borrowings may be used under sections 3345.07	48736
and 3345.11 of the Revised Code or, if the proceeds relate to the	48737
sale or lease of entrepreneurial projects, for purposes of section	48738
3345.36 of the Revised Code.	48739

(R) An institution of higher education may pledge available	48740
receipts, to the extent permitted by division (C) of this section	48741
with respect to obligations, to secure the payments to be made by	48742
it under any lease, lease with option to purchase, or	48743
lease-purchase agreement authorized under this section or section	48744
3345.07, 3345.11, 3345.36, 3354.121, 3355.091, 3357.112, or	48745
3358.10 of the Revised Code.	48746

Sec. 3345.42. Except for the northeastern Ohio universities	48747
medical college, each state institution of higher education shall	48748
participate in the college credit plus program under Chapter 3365.	48749
of the Revised Code to provide high school students in this state	48750
with the opportunity to concurrently earn credit toward high	48751
school graduation and an associate or bachelor's degree.	48752

Sec. 3345.45. ~~On or before January 1, 1994,~~(A) The	48753
chancellor of the Ohio board of regents jointly with all state	48754
universities, as defined in section 3345.011 of the Revised Code,	48755
shall develop standards for instructional workloads for full-time	48756
and part-time faculty in keeping with the universities' missions	48757
and with special emphasis on the undergraduate learning	48758
experience. The standards shall contain clear guidelines for	48759
institutions to determine a range of acceptable undergraduate	48760
teaching by faculty.	48761

(B) On or before June 30, 1994, the board of trustees of each	48762
state university shall take formal action to adopt a faculty	48763
workload policy consistent with the standards developed under	48764
division (A) of this section. ~~Notwithstanding~~	48765

(C)(1) The board of trustees or managing authority of each	48766
state institution of higher education, as defined in section	48767
3345.011 of the Revised Code, may choose to modify its faculty	48768
workload policy adopted under division (B) of this section, or to	48769
adopt a faculty workload policy if it does not have one, to	48770
increase the instructional workload of each full-time research and	48771
instructional faculty member. The faculty workload policy, if	48772
adopted, shall require each faculty member, who was a full-time	48773
research or instructional faculty member during the 2012-2013	48774
academic year, to teach at least one additional course during the	48775
2013-2014 or 2014-2015 academic year from the number of courses	48776
that faculty member taught during the 2012-2013 academic year.	48777
Each academic year thereafter, each such faculty member shall	48778
maintain, at a minimum, the same instructional workload as during	48779
either the 2013-2014 or 2014-2015 academic year, whichever is	48780
greater.	48781

(2) The faculty workload policy, if adopted, shall require	48782
each faculty member who was a full-time research or instructional	48783
faculty member during the 2012-2013 academic year but was on paid	48784
sabbatical leave provided for in the faculty member's contract to	48785
teach at least one additional course during the 2013-2014 or	48786
2014-2015 academic year from the number of courses that faculty	48787
member taught the last academic year during which the member was	48788
not on paid sabbatical leave. During each academic year	48789
thereafter, the faculty member shall maintain, at a minimum, the	48790
same instructional workload as during either the 2013-2014 or	48791
2014-2015 academic year, whichever is greater. If the faculty	48792
member is on paid sabbatical leave during the 2013-2014 or	48793
2014-2015 academic year, the requirements of this division shall	48794
take effect, if the faculty workload policy is adopted, the next	48795
academic year during which that faculty member is not on paid	48796
sabbatical leave.	48797

(3) The faculty workload policy, if adopted, shall require	48798
faculty members hired for the first time by an institution of	48799
higher education during the 2013-2014 academic year, or hired for	48800
the first time in any academic year thereafter, to maintain a	48801
comparable instructional workload to that of other faculty members	48802
at the same institution whose workloads have increased as a result	48803
of this section.	48804

(D) Notwithstanding section 4117.08 of the Revised Code, the	48805
policies adopted under this section are not appropriate subjects	48806
for collective bargaining. Notwithstanding division (A) of section	48807
4117.10 of the Revised Code, any policy adopted under this section	48808
by a board of trustees or managing authority prevails over any	48809
conflicting provisions of any collective bargaining agreement	48810
between an employees organization and that board of trustees or	48811
managing authority.	48812

Sec. 3345.81. Not later than May 1, 2014, and biennially	48813
thereafter, each institution of higher education, as defined by	48814
section 3345.12 of the Revised Code, shall submit to the	48815
chancellor of the Ohio board of regents, for each campus under the	48816
authority of that institution, a campus-specific completion plan	48817
designed to increase college completion rates. The chancellor	48818
shall prescribe a format for all plans required under this	48819
section, which may include specific strategies, targets, and	48820
metrics that promote student access, retention, progression, and	48821
completion of each student's chosen program of study. Institutions	48822
shall submit each campus plan in accordance with this format and	48823
shall include all required content, as prescribed by the	48824
chancellor. Each plan shall be consistent with the mission and	48825
strategic priorities of the campus and shall examine and, as	48826
appropriate, include all of the following:	48827

(A) Increased alignment of the institution's programs with	48828
programs of other educational institutions from preschool through	48829
higher education;	48830

(B) A communications strategy;

48831

(C) A guidance plan to provide current and potential students	48832
with broadened awareness of dual enrollment programs, as defined	48833
by section 3313.6013 of the Revised Code, and the connections	48834
between college completion and career opportunities. The guidance	48835
plan also shall also include financial literacy and planning for	48836
students and their families.	48837

(D) Increased support to ensure success for first-year	48838
students, such as increased access to career counseling and	48839
mentoring, improvements to remediation course design and subject	48840
matter, and other support programs;	48841

(E) The development of institutional systems to streamline	48842
and accelerate a student's progress toward completion, such as a	48843
coordinated system for the transfer of academic credit or a system	48844
that awards academic credit for alternative study, work, or	48845
military experience;	48846

(F) Incentives and rewards for successful student progression	48847
within, and completion of, each student's chosen program.	48848

Sec. 3350.15. The northeast Ohio medical university may enter	48849
into a partnership with Cleveland state university to establish	48850
the northeast Ohio medical university academic campus at Cleveland	48851
state university, to enable fifty per cent or more of the medical	48852
curriculum taught to students enrolled under this partnership to	48853
be based in Cleveland at Cleveland state university, local	48854
hospitals, and community- and neighborhood-based primary care	48855
clinics. Cleveland state university shall not receive state	48856
capital appropriations to pay for facilities for the academic	48857
campus.	48858

Sec. 3365.01. As used in this section:

48859

(A) "College" means any state university as defined under	48860
section 3345.011 of the Revised Code, any community college, any	48861
state community college, any university branch established under	48862
Chapter 3355. of the Revised Code or other regional campus	48863
established by a state university, or any technical college, any	48864
nonprofit institution holding a certificate of authorization	48865
pursuant to Chapter 1713. of the Revised Code, any institution	48866
holding a certificate of registration from the state board of	48867
career colleges and schools and program authorization for an	48868
associate or bachelor's degree program issued under section	48869
3332.05 of the Revised Code, and any private institution exempt	48870
from regulation under Chapter 3332. of the Revised Code as	48871
prescribed in section 3333.046 of the Revised Code.	48872

(B) "Nonpublic school" means a chartered or nonchartered	48873
school for which minimum standards are prescribed by the state	48874
board of education pursuant to division (D) of section 3301.07 of	48875
the Revised Code.	48876

(C) "Parent" has the same meaning as in section 3313.64 of	48877
the Revised Code.	48878

(D) "Participant" means a student enrolled in a college under	48879
the college credit plus program established by this chapter.	48880

(E) "Public school" includes a school district, a community	48881
school established under Chapter 3314., a STEM school established	48882
under Chapter 3326., and a college-preparatory boarding school	48883
established under Chapter 3328. of the Revised Code.	48884

(F) "School district" means any school district to which a	48885
student is admitted under section 3313.64, 3313.65, 3313.98, or	48886
3317.08 of the Revised Code and includes a joint vocational school	48887
district.	48888

(G) "School foundation payments" means the amount required to	48889
be paid to a school district for a fiscal year under Chapter 3317.	48890
of the Revised Code.	48891

(H) "School year" has the same meaning as in section 3313.62	48892
of the Revised Code.	48893

(I) "Secondary grade" means any of grades nine through	48894
twelve.	48895

Sec. 3365.02. There is hereby established the ~~post-secondary~~	48896
~~enrollment options~~college credit plus program under which a	48897
secondary grade student who is a resident of this state may enroll	48898
at a college, on a full- or part-time basis, and complete	48899
nonsectarian courses for high school and college credit.	48900

~~Secondary grade students in a nonpublic school may~~	48901
~~participate in the post-secondary enrollment options program if~~	48902
~~the chief administrator of such school notifies the department of~~	48903
~~education by the first day of April prior to the school year in~~	48904
~~which the school's students will participate.~~	48905

The state board of education, after consulting with the	48906
chancellor of the Ohio board of regents, shall adopt rules or	48907
policies governing the program~~. The rules~~that shall include:	48908

(A) Requirements for ~~school districts, community~~public	48909
schools, or ~~participating~~ nonpublic schools to provide information	48910
about the program prior to the first day of March of each year to	48911
all students enrolled in grades eight through eleven;	48912

(B) A requirement that a ~~student or the student's parent~~	48913
~~inform the district board of education, the governing authority of~~	48914
~~a community school, the STEM school chief administrative officer,~~	48915
~~or the nonpublic school administrator by the thirtieth day of~~	48916
~~March of the student's intent to participate in the program during~~	48917
~~the following school year. The rule shall provide that any student~~	48918
~~who fails to provide the notification by the required date may not~~	48919
~~participate in the program during the following school year~~	48920
~~without the written consent of the district superintendent, the~~	48921
~~governing authority of a community school, the STEM school chief~~	48922
~~administrative officer, or the nonpublic school administrator~~	48923
participating college notify the student and the student's parent	48924
of the student's admission into the academic program provided by	48925
the college under this chapter. A participating college shall	48926
provide this notification not later than fourteen calendar days	48927
prior to the first day the student is required by the college to	48928
begin attending class. Not later than twenty-one calendar days	48929
after the date the student is required to begin attending class,	48930
the college shall submit a roster of student names and course	48931
assignments to the public school or nonpublic school in which the	48932
student is enrolled.	48933

(C) Requirements that ~~school districts, community schools,~~	48934
~~and STEM~~public and nonpublic schools provide counseling services	48935
to students in grades eight through eleven and to their parents	48936
before the students participate in the program under this chapter	48937
to ensure that students and parents are fully aware of the	48938
possible risks and consequences of participation. Counseling	48939
information shall include without limitation:	48940

(1) Program eligibility;

48941

(2) The process for granting academic credits;

48942

(3) ~~Financial~~Any necessary financial arrangements for	48943
tuition, books, materials, and fees, if not provided by the public	48944
or nonpublic school or the college;	48945

(4) Criteria for any transportation aid;

48946

(5) Available support services;

48947

(6) Scheduling;

48948

(7) The consequences of failing or not completing a course in	48949
which the student enrolls and the effect of the grade attained in	48950
the course being included in the student's grade point average, if	48951
applicable;	48952

(8) The effect of program participation on the student's	48953
ability to complete the district's or school's graduation	48954
requirements;	48955

(9) The academic and social responsibilities of students and	48956
parents under the program;	48957

(10) Information about and encouragement to use the	48958
counseling services of the college in which the student intends to	48959
enroll.	48960

(D)(1) A requirement that the ~~student and the student's~~	48961
~~parent sign a form, provided by the school district or school,~~	48962
~~stating that they have received the counseling required by~~	48963
~~division (C) of this section and that they understand the~~	48964
~~responsibilities they must assume in the program;~~chancellor, in	48965
consultation with the superintendent of public instruction, create	48966
a standard packet of information on the college credit plus	48967
program. The chancellor shall make this information available to	48968
each student participating in the program, or the student's	48969
parent.	48970

(2) A requirement that all public and nonpublic schools	48971
provide each student participating in the program with the packet	48972
developed under division (D)(1) of this section. The school shall	48973
record each date packets are sent out to a participating student's	48974
home.	48975

(E) The options required by section 3365.04 of the Revised	48976
Code;	48977

(F) ~~A requirement that a student may not enroll in any~~	48978
~~specific college course through the program if the student has~~	48979
~~taken high school courses in the same subject area as that college~~	48980
~~course and has failed to attain a cumulative grade point average~~	48981
~~of at least 3.0 on a 4.0 scale, or the equivalent, in such~~	48982
~~completed high school courses~~A requirement that student	48983
participation in the program be based solely on a participating	48984
college's established admission standards.	48985

Sec. 3365.03. (A) Notwithstanding any other provision of	48986
law, a student enrolled in a ~~school district, a community school,~~	48987
~~a STEM school,~~public or a ~~participating~~ nonpublic school may	48988
apply to a college to enroll in it during the student's ninth,	48989
tenth, eleventh, or twelfth grade school year under this chapter.	48990
For purposes of this division, during the period of an expulsion	48991
imposed under division (B) of section 3313.66 of the Revised Code	48992
or extended under division (F) of that section, a student is	48993
ineligible to apply to enroll in a college under this section,	48994
unless the student is admitted to another ~~school district or~~	48995
~~community school,~~public or ~~a participating~~ nonpublic school. If a	48996
student is enrolled in a college under this section at the time	48997
the student is expelled under division (B) of section 3313.66 of	48998
the Revised Code, the student's status for the remainder of the	48999
college term in which the expulsion is imposed shall be determined	49000
under section 3365.041 of the Revised Code.	49001

(B) If a college accepts a student who applies under this	49002
section, itthat college shall send written notice to the student,	49003
the student's school district, community school, STEM school,	49004
college-preparatory boarding school, or nonpublic school, and the	49005
superintendent of public instruction within ten days after	49006
acceptance. Within ten days after ~~each~~ enrollment for aeach term,	49007
the college shall also send the student, the student's school	49008
district, community school, STEM school, college-preparatory	49009
boarding school, or nonpublic school, and the superintendent of	49010
public instruction a written notice indicating the courses and	49011
hours of enrollment of the student and the option elected by the	49012
student under division (A) or (B) of section 3365.04 of the	49013
Revised Code for each course.	49014

Sec. 3365.04. The rules adopted under section 3365.02 of the	49015
Revised Code shall provide for students to enroll in courses under	49016
either of the following options:	49017

(A) The student may elect at the time of enrollment to be	49018
responsible for payment of all tuition and the cost of all	49019
textbooks, materials, and fees associated with the course. The	49020
college shall notify the student about payment of tuition and fees	49021
in the customary manner followed by the college. A student	49022
electing this option also shall elect, at the time of enrollment,	49023
whether to receive only college credit or high school credit and	49024
college credit for the course.	49025

(1) The student may elect to receive only college credit for	49026
the course. Except as provided in section 3365.041 of the Revised	49027
Code, if the student successfully completes the course, the	49028
college shall award the student full credit for the course, but	49029
the board of education, community school governing authority, STEM	49030
school, college-preparatory boarding school board of trustees, or	49031
nonpublic ~~participating~~ school shall not award the high school	49032
credit.	49033

(2) The student may elect to receive both high school credit	49034
and college credit for the course. Except as provided in section	49035
3365.041 of the Revised Code, if the student successfully	49036
completes the course, the college shall award the student full	49037
credit for the course and the board of education, community school	49038
governing authority, STEM school, college-preparatory boarding	49039
school board of trustees, or nonpublic school shall award the	49040
student high school credit.	49041

(B) The student may elect at the time of enrollment for each	49042
course to have the college reimbursed under section 3365.07 of the	49043
Revised Code ~~or as provided in alternative funding agreements~~	49044
~~entered into under rules adopted under section 3365.12 of the~~	49045
~~Revised Code~~. Except as provided in section 3365.041 of the	49046
Revised Code, if the student successfully completes the course,	49047
the college shall award the student full credit for the course,	49048
the board of education, community school governing authority, STEM	49049
school, college-preparatory boarding school board of trustees, or	49050
nonpublic school shall award the student high school credit, and	49051
the college shall be reimbursed in accordance with section 3365.07	49052
of the Revised Code ~~or alternative funding agreements entered into~~	49053
~~under rules adopted under section 3365.12 of the Revised Code~~.	49054

When determining a school district's formula ADM under	49055
section ~~3317.03~~3317.02 of the Revised Code, the time a	49056
participant is attending courses under division (A) of this	49057
section shall be considered as time the participant is not	49058
attending or enrolled in school anywhere, and the time a	49059
participant is attending courses under division (B) of this	49060
section shall be considered as time the participant is attending	49061
or enrolled in the district's schools.	49062

Sec. 3365.041. (A) When a public school ~~district~~	49063
~~superintendent, the governing authority of a community school, or~~	49064
~~the chief administrative officer of a STEM school~~ expels a student	49065
~~under division (B) of section 3313.66 of the Revised Code~~, the	49066
~~district~~ superintendent, ~~governing authority, or chief~~	49067
~~administrative officer~~or equivalent, of a public school shall	49068
send a written notice of the expulsion to any college in which the	49069
expelled student is enrolled under section 3365.03 of the Revised	49070
Code at the time the expulsion is imposed. The notice shall	49071
indicate the date the expulsion is scheduled to expire. The notice	49072
also shall indicate whether the ~~district board of education,~~	49073
~~community school governing authority, or the STEM~~ school has	49074
adopted a policy ~~under section 3313.613 of the Revised Code~~ to	49075
deny high school credit for post-secondary courses taken during an	49076
expulsion. If the expulsion is extended ~~under division (F) of~~	49077
~~section 3313.66 of the Revised Code~~, the ~~district~~ superintendent,	49078
~~community school governing authority, or STEM school chief~~	49079
~~administrative officer~~or equivalent, shall notify the college of	49080
the extension.	49081

(B) A college may withdraw its acceptance under section	49082
3365.03 of the Revised Code of a student who is expelled from	49083
school ~~under division (B) of section 3313.66 of the Revised Code~~.	49084
As provided in section 3365.03 of the Revised Code, regardless of	49085
whether the college withdraws its acceptance of the student for	49086
the college term in which the student is expelled, the student is	49087
ineligible to enroll in a college under that section for	49088
subsequent college terms during the period of the expulsion,	49089
unless the student enrolls in another public school ~~district or~~	49090
~~community school~~, or a ~~participating~~ nonpublic school during that	49091
period.	49092

If a college withdraws its acceptance of an expelled student	49093
who elected either option of division (A)(1) or (2) of section	49094
3365.04 of the Revised Code, the college shall refund tuition and	49095
fees paid by the student in the same proportion that it refunds	49096
tuition and fees to students who voluntarily withdraw from the	49097
college at the same time in the term.	49098

If a college withdraws its acceptance of an expelled student	49099
who elected the option of division (B) of section 3365.04 of the	49100
Revised Code, the public school ~~district, community school, or~~	49101
~~STEM school~~ shall not award high school credit for the college	49102
courses in which the student was enrolled at the time the college	49103
withdrew its acceptance, and any reimbursement under section	49104
3365.07 of the Revised Code ~~or through alternative funding~~	49105
~~agreements entered into under rules adopted under section 3365.12~~	49106
~~of the Revised Code~~ for the student's attendance prior to the	49107
withdrawal shall be the same as would be paid for a student who	49108
voluntarily withdrew from the college at the same time in the	49109
term. If the withdrawal results in the college's receiving no	49110
reimbursement, the college or public or nonpublic school that	49111
chooses to provide textbooks and materials under section 3365.08	49112
of the Revised Code may, at its discretion, require the student to	49113
return or pay for the textbooks and materials it provided the	49114
student ~~free of charge under section 3365.08 of the Revised Code~~.	49115

(C) When a student who elected the option of division (B) of	49116
section 3365.04 of the Revised Code is expelled ~~under division (B)~~	49117
~~of section 3313.66 of the Revised Code~~ from a public school	49118
~~district, community school, or STEM school~~ that has adopted a	49119
policy ~~under section 3313.613 of the Revised Code~~to deny high	49120
school credit for post-secondary courses taken during an	49121
expulsion, that election is automatically revoked for all college	49122
courses in which the student is enrolled during the college term	49123
in which the expulsion is imposed. Any reimbursement under section	49124
3365.07 of the Revised Code ~~or through alternative funding~~	49125
~~agreements entered into under rules adopted under section 3365.12~~	49126
~~of the Revised Code~~ for the student's attendance prior to the	49127
expulsion shall be the same as would be paid for a student who	49128
voluntarily withdrew from the college at the same time in the	49129
term. If the revocation results in the college's receiving no	49130
reimbursement, the college or public or nonpublic school that	49131
chooses to provide textbooks and materials under section 3365.08	49132
of the Revised Code may, at its discretion, require the student to	49133
return or pay for the textbooks and materials it provided the	49134
student ~~free of charge under section 3365.08 of the Revised Code~~.	49135

NoNot later than five days after receiving an expulsion	49136
notice from the superintendent ~~of a district, the governing~~	49137
~~authority of a community school, or the chief administrative~~	49138
~~officer of a STEM~~, or equivalent, of a public school ~~that has~~	49139
~~adopted a policy under section 3313.613 of the Revised Code~~, the	49140
college shall send a written notice to the expelled student that	49141
the student's election of division (B) of section 3365.04 of the	49142
Revised Code is revoked. If the college elects not to withdraw its	49143
acceptance of the student, the student shall pay all applicable	49144
tuition and fees for the college courses and shall pay for the	49145
textbooks and materials that the college or public or private	49146
school provided under section 3365.08 of the Revised Code.	49147

Sec. 3365.05. High school credit awarded for courses	49148
successfully completed under this chapter shall count toward the	49149
graduation requirements and subject area requirements of the	49150
~~school district, community school, STEM school,~~public or	49151
nonpublic school. If a course comparable to one a student	49152
completed at a college is offered by the district or school, the	49153
board or school shall award comparable credit for the course	49154
completed at the college. If no comparable course is offered by	49155
the district or school, the board or school shall grant an	49156
appropriate number of credits in a similar subject area to the	49157
student.	49158

If there is a dispute between a school district board, a	49159
community school governing authority, or a STEM school governing	49160
body, or a college-preparatory boarding school board of trustees	49161
and a student regarding high school credits granted for a course,	49162
the student may appeal the decision to the state board of	49163
education. The state board's decision regarding any high school	49164
credits granted under this section is final.	49165

Evidence of successful completion of each course and the high	49166
school credits awarded by the district or school shall be included	49167
in the student's record. The record shall indicate that the	49168
credits were earned as a participant under this chapter and shall	49169
include the name of the college at which the credits were earned.	49170
The district or school shall determine whether and the manner in	49171
which the grade achieved in a course completed at a college under	49172
division (A)(2) or (B) of section 3365.04 of the Revised Code will	49173
be counted in any cumulative grade point average maintained for	49174
the student.	49175

Sec. 3365.06. (A) A student in grade nine may not enroll in	49176
courses under this chapter for which the student elects under	49177
division (B) of section 3365.04 of the Revised Code to receive	49178
credit toward high school graduation for more than the equivalent	49179
of four academic school years. A student enrolling in courses	49180
under this chapter may not enroll in courses in which the student	49181
elects to receive credit toward high school graduation for more	49182
than the equivalent of:	49183

(1) Three academic school years, if the student so enrolls	49184
for the first time in grade ten;	49185

(2) Two academic school years, if the student so enrolls for	49186
the first time in grade eleven;	49187

(3) One academic school year, if the student so enrolls for	49188
the first time in grade twelve.	49189

These restrictions shall be reduced proportionately for any	49190
such student who enrolls in the program during the course of a	49191
school year in accordance with rules adopted under section 3365.02	49192
of the Revised Code.	49193

(B) In considering the admission of any secondary student, a	49194
college shall develop and apply its own student admission	49195
standards for enrollment in courses and shall give priority to its	49196
~~other~~current students regarding enrollment in courses. However,	49197
once a student has been accepted in a course as a participant, the	49198
institution shall not displace the participant for another	49199
student.	49200

Sec. 3365.07. (A)(1) Not later than October 31, 2013, and by	49201
each thirty-first day of October thereafter, the chancellor of the	49202
Ohio board of regents shall publish and provide to the department	49203
of education a calculation of the statewide average in-state	49204
tuition rate per credit hour for each of the following institution	49205
categories:	49206

(a) State universities, as defined under section 3345.011 of	49207
the Revised Code;	49208

(b) Community colleges established under Chapter 3354. of the	49209
Revised Code, state community colleges established under Chapter	49210
3358. of the Revised Code, and technical colleges established	49211
under Chapter 3357. of the Revised Code;	49212

(c) State university branches established under Chapter 3355.	49213
of the Revised Code and other regional campuses of state	49214
universities.	49215

The department shall use the chancellor's published tuition	49216
rates to reimburse state institutions of higher education for	49217
students participating in courses under this chapter.	49218

(2) In the case of a private institution of higher education,	49219
the chancellor shall determine which of the statewide average	49220
in-state tuition rates per credit hour determined under divisions	49221
(A)(1)(a) to (c) of this section is most similar to that type of	49222
private institution. The department shall use the rates determined	49223
by the chancellor under division (A)(2) of this section to	49224
reimburse private institutions for students participating in	49225
courses under this chapter.	49226

As used in this section, "private institutions of higher	49227
education" include nonprofit institutions holding a certificate of	49228
authorization pursuant to Chapter 1713. of the Revised Code;	49229
career colleges in this state that hold a certificate of	49230
registration from the state board of career colleges and schools	49231
under Chapter 3332. of the Revised Code; and private institutions	49232
exempt from regulation under Chapter 3332. of the Revised Code as	49233
prescribed in section 3333.046 of the Revised Code, if the program	49234
has a certificate of authorization pursuant to Chapter 1713. of	49235
the Revised Code.	49236

(B)(1) Payments made to colleges for participants under	49237
division (B) of section 3365.04 of the Revised Code who enroll in	49238
a public college as described in division (A)(1) of this section	49239
shall be calculated as follows:	49240

(a) For a participant enrolled in a college course delivered	49241
on the college campus, at another location operated by the	49242
college, or online and taught by college faculty or teachers	49243
accredited and employed by the college, the department shall pay	49244
the college fifty per cent of the statewide average in-state	49245
tuition per credit hour as determined for that type of college	49246
under division (A)(1) of this section.	49247

(b) For a participant enrolled in a college course delivered	49248
on the college campus, at another location operated by the	49249
college, or online and taught by teachers employed by a secondary	49250
school, the department shall pay twenty-five per cent of the	49251
statewide average in-state tuition per credit hour as determined	49252
for that type of college under division (A)(1) of this section.	49253

(c) For a participant enrolled in a college course delivered	49254
at a secondary school and taught by college faculty or teachers	49255
accredited and employed by the college, the department shall pay	49256
twenty-five per cent of the statewide average in-state tuition per	49257
credit hour as determined for that type of college under division	49258
(A)(1) of this section.	49259

(d) For a participant enrolled in a college course delivered	49260
at a secondary school and taught by high school teachers	49261
accredited by the college and employed by the secondary school,	49262
the department shall pay nothing to the college.	49263

(2)(a) Payments made by the department under division (B)(1)	49264
of this section shall be made for participants enrolled in public	49265
secondary schools by subtracting from the school foundation	49266
payments made to the participant's school district or, if the	49267
participant is enrolled in a community school, a STEM school, or a	49268
college-preparatory boarding school, from the payments made to	49269
that school under section 3314.08, 3326.33, or 3328.34 of the	49270
Revised Code. If the participant is enrolled in a joint vocational	49271
school district, a portion of the amount shall be subtracted from	49272
the payments to the joint vocational school district and a portion	49273
shall be subtracted from the payments to the participant's city,	49274
local, or exempted village school district in accordance with the	49275
full-time equivalency of the student's enrollment in each	49276
district. The state board of education shall adopt a method to	49277
calculate the amounts subtracted from the joint vocational school	49278
district and from the participant's city, local, or exempted	49279
village school district.	49280

(b) Payments made by the department under division (B)(1) of	49281
this section shall be made for participants enrolled in nonpublic	49282
schools by subtracting from moneys appropriated by the general	49283
assembly for such purpose. The state board of education shall	49284
adopt rules to create a method to allocate and distribute payments	49285
made under division (B)(2)(b) of this section.	49286

(C)(1) Payments made to colleges for participants under	49287
division (B) of section 3365.04 of the Revised Code who enroll in	49288
a private institution of higher education as described in division	49289
(A)(2) of this section shall be calculated as follows:	49290

(a) For a participant enrolled in a college course delivered	49291
on the college campus, at another location operated by the	49292
college, or online and taught by college faculty or teachers	49293
accredited and employed by the college, the department shall pay	49294
seventy-five per cent of the statewide average in-state tuition	49295
per credit hour as determined by the chancellor.	49296

(b) For a participant enrolled in a college course delivered	49297
on the college campus, at another location operated by the	49298
college, or online and taught by teachers employed by a secondary	49299
school, the department shall pay fifty per cent of the statewide	49300
average in-state tuition per credit hour as determined by the	49301
chancellor.	49302

(c) For a participant enrolled in a college course delivered	49303
at a secondary school and taught by college faculty or teachers	49304
accredited and employed by the college, the department shall pay	49305
fifty per cent of the statewide average in-state tuition per	49306
credit hour as determined by the chancellor.	49307

(d) For a participant enrolled in a college course delivered	49308
at a secondary school and taught by high school teachers	49309
accredited by the college and employed by the secondary school,	49310
the department shall pay twenty-five per cent of the statewide	49311
average in-state tuition per credit hour as determined by the	49312
chancellor.	49313

(2)(a) Payments made by the department under division (C)(1)	49314
of this section shall be made for participants enrolled in public	49315
schools by subtracting from the school foundation payments made to	49316
the participant's school district or, if the participant is	49317
enrolled in a community school, a STEM school, or a	49318
college-preparatory boarding school, from the payments made to	49319
that school under section 3314.08, 3326.33, or 3328.34 of the	49320
Revised Code. If the participant is enrolled in a joint vocational	49321
school district, a portion of the amount shall be subtracted from	49322
the payments to the joint vocational school district and a portion	49323
shall be subtracted from the payments to the participant's city,	49324
local, or exempted village school district in accordance with the	49325
full-time equivalency of the student's enrollment in each	49326
district. The state board of education shall adopt a method to	49327
calculate the amounts subtracted from the joint vocational school	49328
district and from the participant's city, local, or exempted	49329
village school district.	49330

(b) Payments made by the department under division (C)(1) of	49331
this section shall be made for participants enrolled in nonpublic	49332
schools by subtracting from moneys appropriated by the general	49333
assembly for such purpose. The state board of education shall	49334
adopt rules to create a method to allocate and distribute payments	49335
made under division (C)(2)(b) of this section.	49336

(D) Each January and July, or as soon as possible thereafter,	49337
the department shall pay the amount under division (B) or (C) of	49338
this section, as applicable, to each college for any participant	49339
enrolled in the college in the prior semester under division (B)	49340
of section 3365.04 of the Revised Code.	49341

(E) The department shall not reimburse or pay tuition to any	49342
college for any course not taken by a participant under division	49343
(B) of section 3365.04 of the Revised Code.	49344

(F) Colleges may charge fees to participants under division	49345
(B) of section 3365.04 of the Revised Code only in accordance with	49346
section 3365.08 of the Revised Code.	49347

(G) Any state institution of higher education that enrolls a	49348
student under division (B) of section 3365.04 of the Revised Code	49349
may include that student in the count of students used to	49350
determine its state share of instruction appropriated to the Ohio	49351
board of regents by the general assembly, if the student completes	49352
that course.	49353

Sec. 3365.08. (A) A college that expects to receive or	49354
receives reimbursement under section 3365.07 of the Revised Code	49355
~~or through alternative funding agreements entered into under rules~~	49356
~~adopted under section 3365.12 of the Revised Code shall~~may	49357
furnish to a ~~participant~~participating student all or a portion of	49358
textbooks and materials directly related to a course taken by the	49359
participant under division (B) of section 3365.04 of the Revised	49360
Code~~. No collegeshall~~or may charge ~~such participant~~a	49361
participating student for ~~tuition,~~ textbooks, materials, or other	49362
fees directly related to any such course. A college may enter into	49363
an agreement with a participant's public or nonpublic school to	49364
pay any amount of such charges or to outline any other terms for	49365
the student's use of textbooks or materials.	49366

(B) No student enrolled under this chapter in a course for	49367
which credit toward high school graduation is awarded shall	49368
receive direct financial aid through any state or federal program.	49369

(C) If a school district provides transportation for resident	49370
school students in grades ~~eleven and~~nine through twelve under	49371
section 3327.01 of the Revised Code, a parent of a ~~pupil~~student	49372
enrolled in a course under division (A)(2) or (B) of section	49373
3365.04 of the Revised Code may apply to the district board of	49374
education for full or partial reimbursement for the necessary	49375
costs of transporting the student between the secondary school the	49376
student attends and the college in which the student is enrolled.	49377
Reimbursement may be paid solely from funds received by the	49378
district for pupil transportation under section 3317.0212 of the	49379
Revised Code or other provisions of law. The state board of	49380
education shall establish guidelines, based on financial need,	49381
under which a district may provide such reimbursement.	49382

(D) If a community school provides or arranges transportation	49383
for its pupils in grades nine through twelve under section	49384
3314.091 of the Revised Code, a parent of a pupil of the community	49385
school who is enrolled in a course under division (A)(2) or (B) of	49386
section 3365.04 of the Revised Code may apply to the governing	49387
authority of the community school for full or partial	49388
reimbursement of the necessary costs of transporting the student	49389
between the community school and the college. The governing	49390
authority may pay the reimbursement in accordance with the state	49391
board's ~~rules~~guidelines adopted under division (C) of this	49392
section solely from funds paid to it under section 3314.091 of the	49393
Revised Code.	49394

Sec. 3501.01. As used in the sections of the Revised Code	49395
relating to elections and political communications:	49396

(A) "General election" means the election held on the first	49397
Tuesday after the first Monday in each November.	49398

(B) "Regular municipal election" means the election held on	49399
the first Tuesday after the first Monday in November in each	49400
odd-numbered year.	49401

(C) "Regular state election" means the election held on the	49402
first Tuesday after the first Monday in November in each	49403
even-numbered year.	49404

(D) "Special election" means any election other than those	49405
elections defined in other divisions of this section. A special	49406
election may be held only on the first Tuesday after the first	49407
Monday in February, May, August, or November, or on the day	49408
authorized by a particular municipal or county charter for the	49409
holding of a primary election, except that in any year in which a	49410
presidential primary election is held, no special election shall	49411
be held in February or May, except as authorized by a municipal or	49412
county charter, but may be held on the first Tuesday after the	49413
first Monday in March.	49414

(E)(1) "Primary" or "primary election" means an election held	49415
for the purpose of nominating persons as candidates of political	49416
parties for election to offices, and for the purpose of electing	49417
persons as members of the controlling committees of political	49418
parties and as delegates and alternates to the conventions of	49419
political parties. Primary elections shall be held on the first	49420
Tuesday after the first Monday in May of each year except in years	49421
in which a presidential primary election is held.	49422

(2) "Presidential primary election" means a primary election	49423
as defined by division (E)(1) of this section at which an election	49424
is held for the purpose of choosing delegates and alternates to	49425
the national conventions of the major political parties pursuant	49426
to section 3513.12 of the Revised Code. Unless otherwise	49427
specified, presidential primary elections are included in	49428
references to primary elections. In years in which a presidential	49429
primary election is held, all primary elections shall be held on	49430
the first Tuesday after the first Monday in March except as	49431
otherwise authorized by a municipal or county charter.	49432

(F) "Political party" means any group of voters meeting the	49433
requirements set forth in section 3517.01 of the Revised Code for	49434
the formation and existence of a political party.	49435

(1) "Major political party" means any political party	49436
organized under the laws of this state whose candidate for	49437
governor or nominees for presidential electors received no less	49438
than twenty per cent of the total vote cast for such office at the	49439
most recent regular state election.	49440

(2) "Intermediate political party" means any political party	49441
organized under the laws of this state whose candidate for	49442
governor or nominees for presidential electors received less than	49443
twenty per cent but not less than ten per cent of the total vote	49444
cast for such office at the most recent regular state election.	49445

(3) "Minor political party" means any political party	49446
organized under the laws of this state whose candidate for	49447
governor or nominees for presidential electors received less than	49448
ten per cent but not less than five per cent of the total vote	49449
cast for such office at the most recent regular state election or	49450
which has filed with the secretary of state, subsequent to any	49451
election in which it received less than five per cent of such	49452
vote, a petition signed by qualified electors equal in number to	49453
at least one per cent of the total vote cast for such office in	49454
the last preceding regular state election, except that a newly	49455
formed political party shall be known as a minor political party	49456
until the time of the first election for governor or president	49457
which occurs not less than twelve months subsequent to the	49458
formation of such party, after which election the status of such	49459
party shall be determined by the vote for the office of governor	49460
or president.	49461

(G) "Dominant party in a precinct" or "dominant political	49462
party in a precinct" means that political party whose candidate	49463
for election to the office of governor at the most recent regular	49464
state election at which a governor was elected received more votes	49465
than any other person received for election to that office in such	49466
precinct at such election.	49467

(H) "Candidate" means any qualified person certified in	49468
accordance with the provisions of the Revised Code for placement	49469
on the official ballot of a primary, general, or special election	49470
to be held in this state, or any qualified person who claims to be	49471
a write-in candidate, or who knowingly assents to being	49472
represented as a write-in candidate by another at either a	49473
primary, general, or special election to be held in this state.	49474

(I) "Independent candidate" means any candidate who claims	49475
not to be affiliated with a political party, and whose name has	49476
been certified on the office-type ballot at a general or special	49477
election through the filing of a statement of candidacy and	49478
nominating petition, as prescribed in section 3513.257 of the	49479
Revised Code.	49480

(J) "Nonpartisan candidate" means any candidate whose name is	49481
required, pursuant to section 3505.04 of the Revised Code, to be	49482
listed on the nonpartisan ballot, including all candidates for	49483
judicial office, for member of any board of education, for	49484
municipal or township offices in which primary elections are not	49485
held for nominating candidates by political parties, and for	49486
offices of municipal corporations having charters that provide for	49487
separate ballots for elections for these offices.	49488

(K) "Party candidate" means any candidate who claims to be a	49489
member of a political party, whose name has been certified on the	49490
office-type ballot at a general or special election through the	49491
filing of a declaration of candidacy and petition of candidate,	49492
and who has won the primary election of the candidate's party for	49493
the public office the candidate seeks or is selected by party	49494
committee in accordance with section 3513.31 of the Revised Code.	49495

(L) "Officer of a political party" includes, but is not	49496
limited to, any member, elected or appointed, of a controlling	49497
committee, whether representing the territory of the state, a	49498
district therein, a county, township, a city, a ward, a precinct,	49499
or other territory, of a major, intermediate, or minor political	49500
party.	49501

(M) "Question or issue" means any question or issue certified	49502
in accordance with the Revised Code for placement on an official	49503
ballot at a general or special election to be held in this state.	49504

(N) "Elector" or "qualified elector" means a person having	49505
the qualifications provided by law to be entitled to vote.	49506

(O) "Voter" means an elector who votes at an election.

49507

(P) "Voting residence" means that place of residence of an	49508
elector which shall determine the precinct in which the elector	49509
may vote.	49510

(Q) "Precinct" means a district within a county established	49511
by the board of elections of such county within which all	49512
qualified electors having a voting residence therein may vote at	49513
the same polling place.	49514

(R) "Polling place" means that place provided for each	49515
precinct at which the electors having a voting residence in such	49516
precinct may vote.	49517

(S) "Board" or "board of elections" means the board of	49518
elections appointed in a county pursuant to section 3501.06 of the	49519
Revised Code.	49520

(T) "Political subdivision" means a county, township, city,	49521
village, or school district.	49522

(U) "Election officer" or "election official" means any of	49523
the following:	49524

(1) Secretary of state;

49525

(2) Employees of the secretary of state serving the division	49526
of elections in the capacity of attorney, administrative officer,	49527
administrative assistant, elections administrator, office manager,	49528
or clerical supervisor;	49529

(3) Director of a board of elections;

49530

(4) Deputy director of a board of elections;

49531

(5) Member of a board of elections;

49532

(6) Employees of a board of elections;

49533

(7) Precinct polling place judges;

49534

(8) Employees appointed by the boards of elections on a	49535
temporary or part-time basis.	49536

(V) "Acknowledgment notice" means a notice sent by a board of	49537
elections, on a form prescribed by the secretary of state,	49538
informing a voter registration applicant or an applicant who	49539
wishes to change the applicant's residence or name of the status	49540
of the application; the information necessary to complete or	49541
update the application, if any; and if the application is	49542
complete, the precinct in which the applicant is to vote.	49543

(W) "Confirmation notice" means a notice sent by a board of	49544
elections, on a form prescribed by the secretary of state, to a	49545
registered elector to confirm the registered elector's current	49546
address.	49547

(X) "Designated agency" means an office or agency in the	49548
state that provides public assistance or that provides	49549
state-funded programs primarily engaged in providing services to	49550
persons with disabilities and that is required by the National	49551
Voter Registration Act of 1993 to implement a program designed and	49552
administered by the secretary of state for registering voters, or	49553
any other public or government office or agency that implements a	49554
program designed and administered by the secretary of state for	49555
registering voters, including the department of job and family	49556
services, the program administered under section 3701.132 of the	49557
Revised Code by the department of health, the department of ~~mental~~	49558
~~health~~mental health and addiction services, the department of	49559
developmental disabilities, the ~~rehabilitation services~~	49560
~~commission~~opportunities for Ohioans with disabilities agency, and	49561
any other agency the secretary of state designates. "Designated	49562
agency" does not include public high schools and vocational	49563
schools, public libraries, or the office of a county treasurer.	49564

(Y) "National Voter Registration Act of 1993" means the	49565
"National Voter Registration Act of 1993," 107 Stat. 77, 42	49566
U.S.C.A. 1973gg.	49567

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	49568
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	49569

(AA) "Photo identification" means a document that meets each	49570
of the following requirements:	49571

(1) It shows the name of the individual to whom it was	49572
issued, which shall conform to the name in the poll list or	49573
signature pollbook.	49574

(2) It shows the current address of the individual to whom it	49575
was issued, which shall conform to the address in the poll list or	49576
signature pollbook, except for a driver's license or a state	49577
identification card issued under section 4507.50 of the Revised	49578
Code, which may show either the current or former address of the	49579
individual to whom it was issued, regardless of whether that	49580
address conforms to the address in the poll list or signature	49581
pollbook.	49582

(3) It shows a photograph of the individual to whom it was	49583
issued.	49584

(4) It includes an expiration date that has not passed.

49585

(5) It was issued by the government of the United States or	49586
this state.	49587

Sec. 3513.04. Candidates for party nominations to state,	49588
district, county, and municipal offices or positions, for which	49589
party nominations are provided by law, and for election as members	49590
of party controlling committees shall have their names printed on	49591
the official primary ballot by filing a declaration of candidacy	49592
and paying the fees specified for the office under divisions (A)	49593
and (B) of section 3513.10 of the Revised Code, except that the	49594
joint candidates for party nomination to the offices of governor	49595
and lieutenant governor shall, for the two of them, file one	49596
declaration of candidacy. The joint candidates also shall pay the	49597
fees specified for the joint candidates under divisions (A) and	49598
(B) of section 3513.10 of the Revised Code.	49599

The secretary of state shall not accept for filing the	49600
declaration of candidacy of a candidate for party nomination to	49601
the office of governor unless the declaration of candidacy also	49602
shows a joint candidate for the same party's nomination to the	49603
office of lieutenant governor, shall not accept for filing the	49604
declaration of candidacy of a candidate for party nomination to	49605
the office of lieutenant governor unless the declaration of	49606
candidacy also shows a joint candidate for the same party's	49607
nomination to the office of governor, and shall not accept for	49608
filing a declaration of candidacy that shows a candidate for party	49609
nomination to the office of governor or lieutenant governor who,	49610
for the same election, has already filed a declaration of	49611
candidacy or a declaration of intent to be a write-in candidate,	49612
or has become a candidate by the filling of a vacancy under	49613
section 3513.30 of the Revised Code for any other state office or	49614
any federal or county office.	49615

No person who seeks party nomination for an office or	49616
position at a primary election by declaration of candidacy or by	49617
declaration of intent to be a write-in candidate and no person who	49618
is a first choice for president of candidates seeking election as	49619
delegates and alternates to the national conventions of the	49620
different major political parties who are chosen by direct vote of	49621
the electors as provided in this chapter shall be permitted to	49622
become a candidate by nominating petition or by declaration of	49623
intent to be a write-in candidate at the following general	49624
election for any office other than the office of member of the	49625
state board of education, office of member of a city, local, or	49626
exempted village board of education, ~~office of member of a~~	49627
~~governing board of an educational service center,~~ or office of	49628
township trustee.	49629

Sec. 3513.041. A write-in space shall be provided on the	49630
ballot for every office, except in an election for which the board	49631
of elections has received no valid declarations of intent to be a	49632
write-in candidate under this section. Write-in votes shall not be	49633
counted for any candidate who has not filed a declaration of	49634
intent to be a write-in candidate pursuant to this section. A	49635
qualified person who has filed a declaration of intent may receive	49636
write-in votes at either a primary or general election. Any	49637
candidate shall file a declaration of intent to be a write-in	49638
candidate before four p.m. of the seventy-second day preceding the	49639
election at which such candidacy is to be considered. If the	49640
election is to be determined by electors of a county or a district	49641
or subdivision within the county, such declaration shall be filed	49642
with the board of elections of that county. If the election is to	49643
be determined by electors of a subdivision located in more than	49644
one county, such declaration shall be filed with the board of	49645
elections of the county in which the major portion of the	49646
population of such subdivision is located. If the election is to	49647
be determined by electors of a district comprised of more than one	49648
county but less than all of the counties of the state, such	49649
declaration shall be filed with the board of elections of the most	49650
populous county in such district. Any candidate for an office to	49651
be voted upon by electors throughout the entire state shall file a	49652
declaration of intent to be a write-in candidate with the	49653
secretary of state before four p.m. of the seventy-second day	49654
preceding the election at which such candidacy is to be	49655
considered. In addition, candidates for president and	49656
vice-president of the United States shall also file with the	49657
secretary of state by that seventy-second day a slate of	49658
presidential electors sufficient in number to satisfy the	49659
requirements of the United States constitution.	49660

A board of elections shall not accept for filing the	49661
declaration of intent to be a write-in candidate of a person	49662
seeking to become a candidate if that person, for the same	49663
election, has already filed a declaration of candidacy, a	49664
declaration of intent to be a write-in candidate, or a nominating	49665
petition, or has become a candidate through party nomination at a	49666
primary election or by the filling of a vacancy under section	49667
3513.30 or 3513.31 of the Revised Code, for any federal, state, or	49668
county office, if the declaration of intent to be a write-in	49669
candidate is for a state or county office, or for any municipal or	49670
township office,or for member of a city, local, or exempted	49671
village board of education, ~~or for member of a governing board of~~	49672
~~an educational service center,~~ if the declaration of intent to be	49673
a write-in candidate is for a municipal or township office, or for	49674
member of a city, local, or exempted village board of education,	49675
~~or for member of a governing board of an educational service~~	49676
~~center~~.	49677

No person shall file a declaration of intent to be a write-in	49678
candidate for the office of governor unless the declaration also	49679
shows the intent of another person to be a write-in candidate for	49680
the office of lieutenant governor. No person shall file a	49681
declaration of intent to be a write-in candidate for the office of	49682
lieutenant governor unless the declaration also shows the intent	49683
of another person to be a write-in candidate for the office of	49684
governor. No person shall file a declaration of intent to be a	49685
write-in candidate for the office of governor or lieutenant	49686
governor if the person has previously filed a declaration of	49687
intent to be a write-in candidate to the office of governor or	49688
lieutenant governor at the same primary or general election. A	49689
write-in vote for the two candidates who file such a declaration	49690
shall be counted as a vote for them as joint candidates for the	49691
offices of governor and lieutenant governor.	49692

The secretary of state shall not accept for filing the	49693
declaration of intent to be a write-in candidate of a person for	49694
the office of governor unless the declaration also shows the	49695
intent of another person to be a write-in candidate for the office	49696
of lieutenant governor, shall not accept for filing the	49697
declaration of intent to be a write-in candidate of a person for	49698
the office of lieutenant governor unless the declaration also	49699
shows the intent of another person to be a write-in candidate for	49700
the office of governor, and shall not accept for filing the	49701
declaration of intent to be a write-in candidate of a person to	49702
the office of governor or lieutenant governor if that person, for	49703
the same election, has already filed a declaration of candidacy, a	49704
declaration of intent to be a write-in candidate, or a nominating	49705
petition, or has become a candidate through party nomination at a	49706
primary election or by the filling of a vacancy under section	49707
3513.30 or 3513.31 of the Revised Code, for any other state office	49708
or any federal or county office.	49709

Protests against the candidacy of any person filing a	49710
declaration of intent to be a write-in candidate may be filed by	49711
any qualified elector who is eligible to vote in the election at	49712
which the candidacy is to be considered. The protest shall be in	49713
writing and shall be filed not later than four p.m. of the	49714
sixty-seventh day before the day of the election. The protest	49715
shall be filed with the board of elections with which the	49716
declaration of intent to be a write-in candidate was filed. Upon	49717
the filing of the protest, the board with which it is filed shall	49718
promptly fix the time for hearing it and shall proceed in regard	49719
to the hearing in the same manner as for hearings set for protests	49720
filed under section 3513.05 of the Revised Code. At the time	49721
fixed, the board shall hear the protest and determine the validity	49722
or invalidity of the declaration of intent to be a write-in	49723
candidate. If the board finds that the candidate is not an elector	49724
of the state, district, county, or political subdivision in which	49725
the candidate seeks election to office or has not fully complied	49726
with the requirements of Title XXXV of the Revised Code in regard	49727
to the candidate's candidacy, the candidate's declaration of	49728
intent to be a write-in candidate shall be determined to be	49729
invalid and shall be rejected; otherwise, it shall be determined	49730
to be valid. The determination of the board is final.	49731

The secretary of state shall prescribe the form of the	49732
declaration of intent to be a write-in candidate.	49733

Sec. 3513.052. (A) No person shall seek nomination or	49734
election to any of the following offices or positions at the same	49735
election by filing a declaration of candidacy and petition, a	49736
declaration of intent to be a write-in candidate, or a nominating	49737
petition, or by becoming a candidate through party nomination in a	49738
primary election, or by the filling of a vacancy under section	49739
3513.30 or 3513.31 of the Revised Code:	49740

(1) Two or more state offices;

49741

(2) Two or more county offices;

49742

(3) A state office and a county office;

49743

(4) A federal office and a state or county office;

49744

(5) Any combination of two or more municipal or township	49745
offices,or positions as a member of a city, local, or exempted	49746
village board of education~~, or positions as a member of a~~	49747
~~governing board of an educational service center~~.	49748

(B) The secretary of state or a board of elections shall not	49749
accept for filing a declaration of candidacy and petition, a	49750
declaration of intent to be a write-in candidate, or a nominating	49751
petition of a person seeking to become a candidate if that person,	49752
for the same election, has already filed a declaration of	49753
candidacy, a declaration of intent to be a write-in candidate, or	49754
a nominating petition, or has become a candidate through party	49755
nomination at a primary election or by the filling of a vacancy	49756
under section 3513.30 or 3513.31 of the Revised Code for:	49757

(1) Any federal, state, or county office, if the declaration	49758
of candidacy, declaration of intent to be a write-in candidate, or	49759
nominating petition is for a state or county office;	49760

(2) Any municipal or township office, or for member of a	49761
city, local, or exempted village board of education, ~~or for member~~	49762
~~of a governing board of an educational service center,~~ if the	49763
declaration of candidacy, declaration of intent to be a write-in	49764
candidate, or nominating petition is for a municipal or township	49765
office, or for member of a city, local, or exempted village board	49766
of education~~, or for member of a governing board of an educational~~	49767
~~service center~~.	49768

(C)(1) If the secretary of state determines, before the day	49769
of the primary election, that a person is seeking nomination to	49770
more than one office at that election in violation of division (A)	49771
of this section, the secretary of state shall do one of the	49772
following:	49773

(a) If each office or the district for each office for which	49774
the person is seeking nomination is wholly within a single county	49775
and none of those offices is a federal office, the secretary of	49776
state shall notify the board of elections of that county. The	49777
board then shall determine the date on which the person first	49778
sought to become a candidate for each of those offices by filing a	49779
declaration of candidacy or a declaration of intent to be a	49780
write-in candidate or by the filling of a vacancy under section	49781
3513.30 of the Revised Code. The board shall vote promptly to	49782
disqualify that person as a candidate for each office for which	49783
the person sought to become a candidate after the date on which	49784
the person first sought to become a candidate for any of those	49785
offices. If the board determines that the person sought to become	49786
a candidate for more than one of those offices on the same date,	49787
the board shall vote promptly to disqualify that person as a	49788
candidate for each office that would be listed on the ballot below	49789
the highest office for which that person seeks nomination,	49790
according to the ballot order prescribed under section 3505.03 of	49791
the Revised Code.	49792

(b) If one or more of the offices for which the person is	49793
seeking nomination is a state office or an office with a district	49794
larger than a single county and none of the offices for which the	49795
person is seeking nomination is a federal office, the secretary of	49796
state shall determine the date on which the person first sought to	49797
become a candidate for each of those offices by filing a	49798
declaration of candidacy or a declaration of intent to be a	49799
write-in candidate or by the filling of a vacancy under section	49800
3513.30 of the Revised Code. The secretary of state shall order	49801
the board of elections of each county in which the person is	49802
seeking to appear on the ballot to disqualify that person as a	49803
candidate for each office for which the person sought to become a	49804
candidate after the date on which the person first sought to	49805
become a candidate for any of those offices. If the secretary of	49806
state determines that the person sought to become a candidate for	49807
more than one of those offices on the same date, the secretary of	49808
state shall order the board of elections of each county in which	49809
the person is seeking to appear on the ballot to disqualify that	49810
person as a candidate for each office that would be listed on the	49811
ballot below the highest office for which that person seeks	49812
nomination, according to the ballot order prescribed under section	49813
3505.03 of the Revised Code. Each board of elections so notified	49814
shall vote promptly to disqualify the person as a candidate in	49815
accordance with the order of the secretary of state.	49816

(c) If each office or the district for each office for which	49817
the person is seeking nomination is wholly within a single county	49818
and any of those offices is a federal office, the secretary of	49819
state shall notify the board of elections of that county. The	49820
board then shall vote promptly to disqualify that person as a	49821
candidate for each office that is not a federal office.	49822

(d) If one or more of the offices for which the person is	49823
seeking nomination is a state office and any of the offices for	49824
which the person is seeking nomination is a federal office, the	49825
secretary of state shall order the board of elections of each	49826
county in which the person is seeking to appear on the ballot to	49827
disqualify that person as a candidate for each office that is not	49828
a federal office. Each board of elections so notified shall vote	49829
promptly to disqualify the person as a candidate in accordance	49830
with the order of the secretary of state.	49831

(2) If a board of elections determines, before the day of the	49832
primary election, that a person is seeking nomination to more than	49833
one office at that election in violation of division (A) of this	49834
section, the board shall do one of the following:	49835

(a) If each office or the district for each office for which	49836
the person is seeking nomination is wholly within that county and	49837
none of those offices is a federal office, the board shall	49838
determine the date on which the person first sought to become a	49839
candidate for each of those offices by filing a declaration of	49840
candidacy or a declaration of intent to be a write-in candidate or	49841
by the filling of a vacancy under section 3513.30 of the Revised	49842
Code. The board shall vote promptly to disqualify that person as a	49843
candidate for each office for which the person sought to become a	49844
candidate after the date on which the person first sought to	49845
become a candidate for any of those offices. If the board	49846
determines that the person sought to become a candidate for more	49847
than one of those offices on the same date, the board shall vote	49848
promptly to disqualify that person as a candidate for each office	49849
that would be listed on the ballot below the highest office for	49850
which that person seeks nomination, according to the ballot order	49851
prescribed under section 3505.03 of the Revised Code.	49852

(b) If one or more of the offices for which the person is	49853
seeking nomination is a state office or an office with a district	49854
larger than a single county and none of the offices for which the	49855
person is seeking nomination is a federal office, the board shall	49856
notify the secretary of state. The secretary of state then shall	49857
determine the date on which the person first sought to become a	49858
candidate for each of those offices by filing a declaration of	49859
candidacy or a declaration of intent to be a write-in candidate or	49860
by the filling of a vacancy under section 3513.30 of the Revised	49861
Code. The secretary of state shall order the board of elections of	49862
each county in which the person is seeking to appear on the ballot	49863
to disqualify that person as a candidate for each office for which	49864
the person sought to become a candidate after the date on which	49865
the person first sought to become a candidate for any of those	49866
offices. If the secretary of state determines that the person	49867
sought to become a candidate for more than one of those offices on	49868
the same date, the secretary of state shall order the board of	49869
elections of each county in which the person is seeking to appear	49870
on the ballot to disqualify that person as a candidate for each	49871
office that would be listed on the ballot below the highest office	49872
for which that person seeks nomination, according to the ballot	49873
order prescribed under section 3505.03 of the Revised Code. Each	49874
board of elections so notified shall vote promptly to disqualify	49875
the person as a candidate in accordance with the order of the	49876
secretary of state.	49877

(c) If each office or the district for each office for which	49878
the person is seeking nomination is wholly within a single county	49879
and any of those offices is a federal office, the board shall vote	49880
promptly to disqualify that person as a candidate for each office	49881
that is not a federal office.	49882

(d) If one or more of the offices for which the person is	49883
seeking nomination is a state office and any of the offices for	49884
which the person is seeking nomination is a federal office, the	49885
board shall notify the secretary of state. The secretary of state	49886
then shall order the board of elections of each county in which	49887
the person is seeking to appear on the ballot to disqualify that	49888
person as a candidate for each office that is not a federal	49889
office. Each board of elections so notified shall vote promptly to	49890
disqualify the person as a candidate in accordance with the order	49891
of the secretary of state.	49892

(D)(1) If the secretary of state determines, after the day of	49893
the primary election and before the day of the general election,	49894
that a person is seeking election to more than one office at that	49895
election in violation of division (A) of this section, the	49896
secretary of state shall do one of the following:	49897

(a) If each office or the district for each office for which	49898
the person is seeking election is wholly within a single county	49899
and none of those offices is a federal office, the secretary of	49900
state shall notify the board of elections of that county. The	49901
board then shall determine the offices for which the person seeks	49902
to appear as a candidate on the ballot. The board shall vote	49903
promptly to disqualify that person as a candidate for each office	49904
that would be listed on the ballot below the highest office for	49905
which that person seeks election, according to the ballot order	49906
prescribed under section 3505.03 of the Revised Code. If the	49907
person sought nomination at a primary election and has not yet	49908
been issued a certificate of nomination, the board shall not issue	49909
that certificate for that person for any office that would be	49910
listed on the ballot below the highest office for which that	49911
person seeks election, according to the ballot order prescribed	49912
under section 3505.03 of the Revised Code.	49913

(b) If one or more of the offices for which the person is	49914
seeking election is a state office or an office with a district	49915
larger than a single county and none of the offices for which the	49916
person is seeking election is a federal office, the secretary of	49917
state shall promptly investigate and determine the offices for	49918
which the person seeks to appear as a candidate on the ballot. The	49919
secretary of state shall order the board of elections of each	49920
county in which the person is seeking to appear on the ballot to	49921
disqualify that person as a candidate for each office that would	49922
be listed on the ballot below the highest office for which that	49923
person seeks election, according to the ballot order prescribed	49924
under section 3505.03 of the Revised Code. Each board of elections	49925
so notified shall vote promptly to disqualify the person as a	49926
candidate in accordance with the order of the secretary of state.	49927
If the person sought nomination at a primary election and has not	49928
yet been issued a certificate of nomination, the board shall not	49929
issue that certificate for that person for any office that would	49930
be listed on the ballot below the highest office for which that	49931
person seeks election, according to the ballot order prescribed	49932
under section 3505.03 of the Revised Code.	49933

(c) If each office or the district for each office for which	49934
the person is seeking election is wholly within a single county	49935
and any of those offices is a federal office, the secretary of	49936
state shall notify the board of elections of that county. The	49937
board then shall vote promptly to disqualify that person as a	49938
candidate for each office that is not a federal office. If the	49939
person sought nomination at a primary election and has not yet	49940
been issued a certificate of nomination, the board shall not issue	49941
that certificate for that person for any office that is not a	49942
federal office.	49943

(d) If one or more of the offices for which the person is	49944
seeking election is a state office and any of the offices for	49945
which the person is seeking election is a federal office, the	49946
secretary of state shall order the board of elections of each	49947
county in which the person is seeking to appear on the ballot to	49948
disqualify that person as a candidate for each office that is not	49949
a federal office. Each board of elections so notified shall vote	49950
promptly to disqualify the person as a candidate in accordance	49951
with the order of the secretary of state. If the person sought	49952
nomination at a primary election and has not yet been issued a	49953
certificate of nomination, the board shall not issue that	49954
certificate for that person for any office that is not a federal	49955
office.	49956

(2) If a board of elections determines, after the day of the	49957
primary election and before the day of the general election, that	49958
a person is seeking election to more than one office at that	49959
election in violation of division (A) of this section, the board	49960
of elections shall do one of the following:	49961

(a) If each office or the district for each office for which	49962
the person is seeking election is wholly within that county and	49963
none of those offices is a federal office, the board shall	49964
determine the offices for which the person seeks to appear as a	49965
candidate on the ballot. The board shall vote promptly to	49966
disqualify that person as a candidate for each office that would	49967
be listed on the ballot below the highest office for which that	49968
person seeks election, according to the ballot order prescribed	49969
under section 3505.03 of the Revised Code. If the person sought	49970
nomination at a primary election and has not yet been issued a	49971
certificate of nomination, the board shall not issue that	49972
certificate for that person for any office that would be listed on	49973
the ballot below the highest office for which that person seeks	49974
election, according to the ballot order prescribed under section	49975
3505.03 of the Revised Code.	49976

(b) If one or more of the offices for which the person is	49977
seeking election is a state office or an office with a district	49978
larger than a single county and none of the offices for which the	49979
person is seeking election is a federal office, the board shall	49980
notify the secretary of state. The secretary of state promptly	49981
shall investigate and determine the offices for which the person	49982
seeks to appear as a candidate on the ballot. The secretary of	49983
state shall order the board of elections of each county in which	49984
the person is seeking to appear on the ballot to disqualify that	49985
person as a candidate for each office that would be listed on the	49986
ballot below the highest office for which that person seeks	49987
election, according to the ballot order prescribed under section	49988
3505.03 of the Revised Code. Each board of elections so notified	49989
shall vote promptly to disqualify the person as a candidate in	49990
accordance with the order of the secretary of state. If the person	49991
sought nomination at a primary election and has not yet been	49992
issued a certificate of nomination, the board shall not issue that	49993
certificate for that person for any office that would be listed on	49994
the ballot below the highest office for which that person seeks	49995
election, according to the ballot order prescribed under section	49996
3505.03 of the Revised Code.	49997

(c) If each office or the district for each office for which	49998
the person is seeking election is wholly within that county and	49999
any of those offices is a federal office, the board shall vote	50000
promptly to disqualify that person as a candidate for each office	50001
that is not a federal office. If the person sought nomination at a	50002
primary election and has not yet been issued a certificate of	50003
nomination, the board shall not issue that certificate for that	50004
person for any office that is not a federal office.	50005

(d) If one or more of the offices for which the person is	50006
seeking election is a state office and any of the offices for	50007
which the person is seeking election is a federal office, the	50008
board shall notify the secretary of state. The secretary of state	50009
shall order the board of elections of each county in which the	50010
person is seeking to appear on the ballot to disqualify that	50011
person as a candidate for each office that is not a federal	50012
office. Each board of elections so notified shall vote promptly to	50013
disqualify the person as a candidate in accordance with the order	50014
of the secretary of state. If the person sought nomination at a	50015
primary election and has not yet been issued a certificate of	50016
nomination, the board shall not issue that certificate for that	50017
person for any office that is not a federal office.	50018

(E) When a person is disqualified as a candidate under	50019
division (C) or (D) of this section, on or before the seventieth	50020
day before the day of the applicable election, the board of	50021
elections shall remove the person's name from the ballot for any	50022
office for which that person has been disqualified as a candidate	50023
according to the directions of the secretary of state. When a	50024
person is disqualified as a candidate under division (C) or (D) of	50025
this section after the seventieth day before the day of the	50026
applicable election, the board of elections shall not remove the	50027
person's name from the ballot for any office for which that person	50028
has been disqualified as a candidate. The board of elections shall	50029
post a notice at each polling location on the day of the	50030
applicable election, and shall enclose with each absent voter's	50031
ballot given or mailed after the candidate is disqualified, a	50032
notice that votes for the person for the office for which the	50033
person has been disqualified as a candidate will be void and will	50034
not be counted. If the name is not removed from the ballots before	50035
the day of the election, the votes for the disqualified candidate	50036
are void and shall not be counted.	50037

(F) Any vacancy created by the disqualification of a person	50038
as a candidate under division (C) or (D) of this section may be	50039
filled in the manner provided for in sections 3513.30 and 3513.31	50040
of the Revised Code.	50041

(G) Nothing in this section or section 3513.04, 3513.041,	50042
3513.05, 3513.251, 3513.253, 3513.254, ~~3513.255,~~ 3513.257,	50043
3513.259, or 3513.261 of the Revised Code prohibits, and the	50044
secretary of state or a board of elections shall not disqualify, a	50045
person from being a candidate for an office, if that person timely	50046
withdraws as a candidate for any offices specified in division (A)	50047
of this section for which that person first sought to become a	50048
candidate by filing a declaration of candidacy and petition, a	50049
declaration of intent to be a write-in candidate, or a nominating	50050
petition, by party nomination in a primary election, or by the	50051
filling of a vacancy under section 3513.30 or 3513.31 of the	50052
Revised Code.	50053

(H) As used in this section:

50054

(1) "State office" means the offices of governor, lieutenant	50055
governor, secretary of state, auditor of state, treasurer of	50056
state, attorney general, member of the state board of education,	50057
member of the general assembly, chief justice of the supreme	50058
court, and justice of the supreme court.	50059

(2) "Timely withdraws" means either of the following:

50060

(a) Withdrawing as a candidate before the applicable deadline	50061
for filing a declaration of candidacy, declaration of intent to be	50062
a write-in candidate, or nominating petition for the subsequent	50063
office for which the person is seeking to become a candidate at	50064
the same election;	50065

(b) Withdrawing as a candidate before the applicable deadline	50066
for the filling of a vacancy under section 3513.30 or 3513.31 of	50067
the Revised Code, if the person is seeking to become a candidate	50068
for a subsequent office at the same election under either of those	50069
sections.	50070

Sec. 3513.10. (A) At the time of filing a declaration of	50071
candidacy for nomination for any office, or a declaration of	50072
intent to be a write-in candidate, each candidate, except joint	50073
candidates for governor and lieutenant governor, shall pay a fee	50074
as follows:	50075

For statewide office	$100	50076
For court of appeals judge	$ 50	50077
For court of common pleas judge	$ 50	50078
For county court judge	$ 50	50079
For municipal court judge	$ 50	50080
For district office, including member		50081
of the United States house of		50082
representatives and member of the		50083
general assembly	$ 50	50084
For county office	$ 50	50085
For city office	$ 20	50086
For village office	$ 10	50087
For township office	$ 10	50088
For member of state board of education	$ 20	50089
For member of local, city, or		50090
exempted village board of education		50091
~~or educational service center~~		50092
~~governing board~~	$ 10	50093

At the time of filing a declaration of candidacy or a	50094
declaration of intent to be a write-in candidate for the offices	50095
of governor and lieutenant governor, the joint candidates shall	50096
jointly pay to the secretary of state a fee of one hundred	50097
dollars.	50098

(B)(1) At the same time the fee required under division (A)	50099
of this section is paid, each candidate shall pay an additional	50100
fee as follows:	50101

For the joint candidates for governor		50102
and lieutenant governor	$ 50	50103
For statewide office	$ 50	50104
For district office, including member		50105
of the United States house of		50106
representatives and member of the		50107
general assembly	$ 35	50108
For member of state board of education	$ 35	50109
For court of appeals judge	$ 30	50110
For court of common pleas judge	$ 30	50111
For county court judge	$ 30	50112
For municipal court judge	$ 30	50113
For county office	$ 30	50114
For city office	$ 25	50115
For village office	$ 20	50116
For township office	$ 20	50117
For member of local, city,		50118
or exempted village board of education		50119
~~or educational service center~~		50120
~~governing board~~	$ 20	50121

(2) Whoever seeks to propose a ballot question or issue to be	50122
submitted to the electors shall pay the following fee at the time	50123
the petition proposing the question or issue is filed:	50124

(a) If the question or issue is to be submitted to the	50125
electors throughout the entire state, twenty-five dollars;	50126

(b) If the question or issue is to be submitted to the	50127
electors of a county or of a district that consists of all or part	50128
of two or more counties but less than the entire state, fifteen	50129
dollars;	50130

(c) If the question or issue is to be submitted to the	50131
electors of a city, twelve dollars and fifty cents;	50132

(d) If the question or issue is to be submitted to the	50133
electors of a village, a township, a local, city, county, or	50134
exempted village school district, a precinct, or another district	50135
consisting of less than an entire county, ten dollars.	50136

(C) No fee shall be required of candidates filing for the	50137
office of delegate or alternate to the national convention of	50138
political parties, member of the state central committee of a	50139
political party, or member of the county central committee of a	50140
political party.	50141

(D) All fees required under division (A) of this section	50142
immediately shall be paid by the officer receiving them into the	50143
state treasury to the credit of the general revenue fund, in the	50144
case of fees received by the secretary of state, and into the	50145
county treasury to the credit of the county general fund, in the	50146
case of fees received by a board of elections.	50147

(E) The officer who receives a fee required under division	50148
(B) of this section immediately shall pay the fee to the credit of	50149
the Ohio elections commission fund created by division (I) of	50150
section 3517.152 of the Revised Code.	50151

(F)(1) In no case shall a fee paid under this section be	50152
returned to a candidate.	50153

(2) Whenever a section of law refers to a filing fee to be	50154
paid by a candidate or by a committee proposing a ballot question	50155
or issue to be submitted to the electors, that fee includes the	50156
fees required under divisions (A) and (B) of this section.	50157

(G) As used in divisions (A) and (B) of this section,	50158
"statewide office" means the office of secretary of state, auditor	50159
of state, treasurer of state, attorney general, justice and chief	50160
justice of the supreme court, and member of the United States	50161
senate.	50162

Sec. 3513.251. Nominations of candidates for election as	50163
officers of a municipal corporation having a population of less	50164
than two thousand as ascertained by the next preceding federal	50165
census shall be made only by nominating petition and their	50166
election shall occur only in nonpartisan elections, unless a	50167
majority of the electors of such municipal corporation have	50168
petitioned for a primary election. Nominations of candidates for	50169
election as officers of a municipal corporation having a	50170
population of two thousand or more shall be made either by primary	50171
election in conjunction with a partisan general election or by	50172
nominating petition in conjunction with a nonpartisan general	50173
election, as determined under section 3513.01 of the Revised Code.	50174

The nominating petitions of nonpartisan candidates for	50175
election as officers of a municipal corporation having a	50176
population of less than two thousand, as ascertained by the most	50177
recent federal census, shall be signed by not less than ten	50178
qualified electors of the municipal corporation. Any nominating	50179
petition filed under this section shall be filed with the board of	50180
elections not later than four p.m. of the ninetieth day before the	50181
day of the general election, provided that no such nominating	50182
petition shall be accepted for filing if it appears to contain	50183
signatures aggregating in number more than three times the minimum	50184
number of signatures required by this section. A board of	50185
elections shall not accept for filing a nominating petition of a	50186
person if that person, for the same election, has already filed a	50187
declaration of candidacy, a declaration of intent to be a write-in	50188
candidate, or a nominating petition, or has become a candidate	50189
through party nomination at a primary election or by the filling	50190
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	50191
for any other municipal office, or for a township office,or for	50192
member of a city, local, or exempted village board of education,	50193
~~or for member of a governing board of an educational service~~	50194
~~center~~. When a petition of a candidate has been accepted for	50195
filing by a board of elections, the petition shall not be deemed	50196
invalid if, upon verification of signatures contained in the	50197
petition, the board of elections finds the number of signatures	50198
accepted exceeds three times the minimum number of signatures	50199
required. A board of elections may discontinue verifying	50200
signatures when the number of verified signatures on a petition	50201
equals the minimum required number of qualified signatures.	50202

Nomination of nonpartisan candidates for election as officers	50203
of a municipal corporation having a population of two thousand or	50204
more, as ascertained by the next preceding federal census, shall	50205
be made only by nominating petition. Nominating petitions of	50206
nonpartisan candidates for election as officers of a municipal	50207
corporation having a population of two thousand or more but less	50208
than five thousand, as ascertained by the next preceding federal	50209
census, shall be signed by not less than fifty qualified electors	50210
of the municipal corporation or ward thereof in the case of the	50211
nominating petition of a candidate for election as councilperson	50212
from such ward. Nominating petitions of nonpartisan candidates for	50213
election as officers of a municipal corporation having a	50214
population of five thousand or more, as ascertained by the next	50215
preceding federal census, shall be signed by not less than fifty	50216
qualified electors of the municipal corporation or ward thereof in	50217
the case of the nominating petition of a candidate for election as	50218
councilperson from such ward.	50219

Sec. 3513.253. Nominations of candidates for election as	50220
officers of a township shall be made only by nominating petitions,	50221
unless a majority of the electors of such township have petitioned	50222
for a primary election. The nominating petitions of nonpartisan	50223
candidates for township trustee and township fiscal officer shall	50224
be signed by not less than twenty-five qualified electors of the	50225
township. Such petition shall be filed with the board of elections	50226
not later than four p.m. of the ninetieth day before the day of	50227
the general election, provided that no such nominating petition	50228
shall be accepted for filing if it appears to contain signatures	50229
aggregating in number more than three times the minimum number of	50230
signatures required by this section. A board of elections shall	50231
not accept for filing a nominating petition of a person if that	50232
person, for the same election, has already filed a declaration of	50233
candidacy, a declaration of intent to be a write-in candidate, or	50234
a nominating petition, or has become a candidate through party	50235
nomination at a primary election or by the filling of a vacancy	50236
under section 3513.30 or 3513.31 of the Revised Code for any other	50237
township office, or for a municipal office,or for member of a	50238
city, local, or exempted village board of education~~, or for member~~	50239
~~of a governing board of an educational service center~~. When a	50240
petition of a candidate has been accepted for filing by a board of	50241
elections, the petition shall not be deemed invalid if, upon	50242
verification of signatures contained in the petition, the board of	50243
elections finds the number of signatures accepted exceeds three	50244
times the minimum number of signatures required. A board of	50245
elections may discontinue verifying signatures when the number of	50246
verified signatures on a petition equals the minimum required	50247
number of qualified signatures.	50248

Sec. 3513.254. (A) The name of each candidate for member of a	50249
city, local, or exempted village board of education shall appear	50250
on the nonpartisan ballot. Nominating petitions of candidates for	50251
member of a board of education of a local or exempted village	50252
school district shall be signed by twenty-five qualified electors	50253
of the school district. Nominating petitions for candidates for	50254
member of a board of education of a city school district having a	50255
population of less than twenty thousand, as ascertained by the	50256
next preceding federal census, shall be signed by twenty-five	50257
qualified electors of the school district. Nominating petitions	50258
for candidates for member of a board of education of a city school	50259
district having a population of twenty thousand or more but less	50260
than fifty thousand, as ascertained by the next preceding federal	50261
census, shall be signed by seventy-five qualified electors of the	50262
school district. Nominating petitions for candidates for member of	50263
a board of education of a city school district having a population	50264
of fifty thousand or more but less than one hundred thousand, as	50265
ascertained by the next preceding federal census, shall be signed	50266
by one hundred fifty qualified electors of the school district.	50267
Nominating petitions for candidates for member of a board of	50268
education of a city school district having a population of one	50269
hundred thousand or more, as ascertained by the next preceding	50270
federal census, shall be signed by three hundred qualified	50271
electors of the school district.	50272

(B) Nominating petitions shall be filed with the board of	50273
elections not later than four p.m. of the ninetieth day before the	50274
day of the general election, provided that no such petition shall	50275
be accepted for filing if it appears to contain signatures	50276
aggregating in number more than three times the minimum number of	50277
signatures required by this section. A board of elections shall	50278
not accept for filing a nominating petition of a person if that	50279
person, for the same election, has already filed a declaration of	50280
candidacy, a declaration of intent to be a write-in candidate, or	50281
a nominating petition, or has become a candidate through party	50282
nomination at a primary election or by the filling of a vacancy	50283
under section 3513.30 or 3513.31 of the Revised Code for any other	50284
position as a member of a city, local, or exempted village board	50285
of education ~~or position as a member of a governing board of an~~	50286
~~educational service center,~~ or for a municipal or township office.	50287
When a petition of a candidate has been accepted for filing by a	50288
board of elections, the petition shall not be deemed invalid if,	50289
upon verification of signatures contained in the petition, the	50290
board of elections finds the number of signatures accepted exceeds	50291
three times the minimum number of signatures required. A board of	50292
elections may discontinue verifying petitions when the number of	50293
verified signatures equals the minimum required number of	50294
qualified signatures.	50295

(C) This section is subject to section 3513.256 of the	50296
Revised Code.	50297

Sec. 3513.256. (A) Notwithstanding any provision of the	50298
Revised Code to the contrary, for the purpose of nominating	50299
candidates for a position as a member of the board of education of	50300
a city, local, or exempted village school district ~~or a position~~	50301
~~as a member of a governing board of an educational service center~~,	50302
the board may adopt, by resolution upon a three-fifths majority	50303
vote of its total membership, procedures for a nonpartisan primary	50304
election. Such procedures shall specify the following:	50305

(1) That the primary election for nominating candidates for a	50306
position as a member of that board shall be held on the same day	50307
as the primary election for nominating all other candidates for	50308
public office in that year;	50309

(2) That nominating petitions shall be filed with the board	50310
of elections not later than four p.m. of the ninetieth day before	50311
the day of the primary election;	50312

(3) That the primary election shall take place only if the	50313
number of candidates for nomination for a position on that board,	50314
as verified by the board of elections, is at least one more than	50315
two times the number of available positions on that board at the	50316
general election;	50317

(4) That the number of candidates advancing from the primary	50318
election to the general election shall equal two times the number	50319
of available positions on that board at the general election.	50320

The board shall notify the board of elections upon adoption	50321
of a resolution under this division. No such resolution shall	50322
apply for a particular election unless the resolution is adopted	50323
at least one hundred twenty days prior to the deadline specified	50324
in the resolution to become a candidate for nomination at that	50325
election. Subject to division (B) of this section, the resolution	50326
shall apply to all subsequent nominations for a position as a	50327
member of that board.	50328

(B) Not earlier than five years after the adoption of a	50329
resolution under division (A) of this section, the board of	50330
education of a city, local, or exempted village school district or	50331
~~the governing board of an educational service center~~ may rescind	50332
that resolution by subsequent resolution upon a three-fifths	50333
majority vote of its total membership.	50334

The board shall notify the board of elections of any	50335
resolution adopted under this division. No such resolution shall	50336
apply to a particular election unless the resolution is adopted at	50337
least one hundred twenty days prior to the deadline to become a	50338
candidate for nomination at that election under the nomination	50339
procedures the resolution is rescinding. Subject to division (D)	50340
of this section, the requirements of Chapter 3513. of the Revised	50341
Code shall apply to all subsequent nominations for a position as a	50342
member of that board.	50343

(C) Any candidate nominated pursuant to a resolution adopted	50344
under division (A) of this section shall appear on the nonpartisan	50345
ballot at the general election as prescribed in sections 3505.04,	50346
and 3513.254~~, and 3513.255~~ of the Revised Code.	50347

(D) Nothing in this section prohibits or shall be construed	50348
to prohibit the board of education of a city, local, or exempted	50349
village school district ~~or the governing board of an educational~~	50350
~~service center~~ that has rescinded a resolution under division (B)	50351
of this section from subsequently adopting the same or different	50352
procedures for a nonpartisan primary election by adopting a	50353
resolution under division (A) of this section.	50354

Sec. 3513.257. Each person desiring to become an independent	50355
candidate for an office for which candidates may be nominated at a	50356
primary election, except persons desiring to become independent	50357
joint candidates for the offices of governor and lieutenant	50358
governor and for the offices of president and vice-president of	50359
the United States, shall file no later than four p.m. of the day	50360
before the day of the primary election immediately preceding the	50361
general election at which such candidacy is to be voted for by the	50362
voters, a statement of candidacy and nominating petition as	50363
provided in section 3513.261 of the Revised Code. Persons desiring	50364
to become independent joint candidates for the offices of governor	50365
and lieutenant governor shall file, not later than four p.m. of	50366
the day before the day of the primary election, one statement of	50367
candidacy and one nominating petition for the two of them. Persons	50368
desiring to become independent joint candidates for the offices of	50369
president and vice-president of the United States shall file, not	50370
later than four p.m. of the ninetieth day before the day of the	50371
general election at which the president and vice-president are to	50372
be elected, one statement of candidacy and one nominating petition	50373
for the two of them. The prospective independent joint candidates'	50374
statement of candidacy shall be filed with the nominating petition	50375
as one instrument.	50376

The statement of candidacy and separate petition papers of	50377
each candidate or pair of joint candidates shall be filed at the	50378
same time as one instrument.	50379

The nominating petition shall contain signatures of qualified	50380
electors of the district, political subdivision, or portion of a	50381
political subdivision in which the candidacy is to be voted on in	50382
an amount to be determined as follows:	50383

(A) If the candidacy is to be voted on by electors throughout	50384
the entire state, the nominating petition, including the	50385
nominating petition of independent joint candidates for the	50386
offices of governor and lieutenant governor, shall be signed by no	50387
less than five thousand qualified electors, provided that no	50388
petition shall be accepted for filing if it purports to contain	50389
more than fifteen thousand signatures.	50390

(B) If the candidacy is to be voted on by electors in any	50391
district, political subdivision, or part thereof in which less	50392
than five thousand electors voted for the office of governor at	50393
the most recent election for that office, the nominating petition	50394
shall contain signatures of not less than twenty-five qualified	50395
electors of the district, political subdivision, or part thereof,	50396
or a number of qualified signatures equal to at least five per	50397
cent of that vote, if this number is less than twenty-five.	50398

(C) If the candidacy is to be voted on by electors in any	50399
district, political subdivision, or part thereof in which five	50400
thousand or more electors voted for the office of governor at the	50401
most recent election for that office, the nominating petition	50402
shall contain a number of signatures equal to at least one per	50403
cent of those electors.	50404

All nominating petitions of candidates for offices to be	50405
voted on by electors throughout the entire state shall be filed in	50406
the office of the secretary of state. No nominating petition for	50407
the offices of president and vice-president of the United States	50408
shall be accepted for filing unless there is submitted to the	50409
secretary of state, at the time of filing the petition, a slate of	50410
presidential electors sufficient in number to satisfy the	50411
requirement of the United States Constitution. The secretary of	50412
state shall not accept for filing the statement of candidacy of a	50413
person who desires to be an independent candidate for the office	50414
of governor unless it also shows the joint candidacy of a person	50415
who desires to be an independent candidate for the office of	50416
lieutenant governor, shall not accept for filing the statement of	50417
candidacy of a person who desires to be an independent candidate	50418
for the office of lieutenant governor unless it also shows the	50419
joint candidacy of a person who desires to be an independent	50420
candidate for the office of governor, and shall not accept for	50421
filing the statement of candidacy of a person who desires to be an	50422
independent candidate to the office of governor or lieutenant	50423
governor who, for the same election, has already filed a	50424
declaration of candidacy, a declaration of intent to be a write-in	50425
candidate, or a statement of candidacy, or has become a candidate	50426
by the filling of a vacancy under section 3513.30 of the Revised	50427
Code for any other state office or any federal or county office.	50428

Nominating petitions of candidates for offices to be voted on	50429
by electors within a district or political subdivision comprised	50430
of more than one county but less than all counties of the state	50431
shall be filed with the boards of elections of that county or part	50432
of a county within the district or political subdivision which had	50433
a population greater than that of any other county or part of a	50434
county within the district or political subdivision according to	50435
the last federal decennial census.	50436

Nominating petitions for offices to be voted on by electors	50437
within a county or district smaller than a county shall be filed	50438
with the board of elections for such county.	50439

No petition other than the petition of a candidate whose	50440
candidacy is to be considered by electors throughout the entire	50441
state shall be accepted for filing if it appears on its face to	50442
contain more than three times the minimum required number of	50443
signatures. A board of elections shall not accept for filing a	50444
nominating petition of a person seeking to become a candidate if	50445
that person, for the same election, has already filed a	50446
declaration of candidacy, a declaration of intent to be a write-in	50447
candidate, or a nominating petition, or has become a candidate by	50448
the filling of a vacancy under section 3513.30 of the Revised Code	50449
for any federal, state, or county office, if the nominating	50450
petition is for a state or county office, or for any municipal or	50451
township office,or for member of a city, local, or exempted	50452
village board of education, ~~or for member of a governing board of~~	50453
~~an educational service center,~~ if the nominating petition is for a	50454
municipal or township office, or for member of a city, local, or	50455
exempted village board of education~~, or for member of a governing~~	50456
~~board of an educational service center~~. When a petition of a	50457
candidate has been accepted for filing by a board of elections,	50458
the petition shall not be deemed invalid if, upon verification of	50459
signatures contained in the petition, the board of elections finds	50460
the number of signatures accepted exceeds three times the minimum	50461
number of signatures required. A board of elections may	50462
discontinue verifying signatures when the number of verified	50463
signatures on a petition equals the minimum required number of	50464
qualified signatures.	50465

Any nonjudicial candidate who files a nominating petition may	50466
request, at the time of filing, that the candidate be designated	50467
on the ballot as a nonparty candidate or as an other-party	50468
candidate, or may request that the candidate's name be placed on	50469
the ballot without any designation. Any such candidate who fails	50470
to request a designation either as a nonparty candidate or as an	50471
other-party candidate shall have the candidate's name placed on	50472
the ballot without any designation.	50473

The purpose of establishing a filing deadline for independent	50474
candidates prior to the primary election immediately preceding the	50475
general election at which the candidacy is to be voted on by the	50476
voters is to recognize that the state has a substantial and	50477
compelling interest in protecting its electoral process by	50478
encouraging political stability, ensuring that the winner of the	50479
election will represent a majority of the community, providing the	50480
electorate with an understandable ballot, and enhancing voter	50481
education, thus fostering informed and educated expressions of the	50482
popular will in a general election. The filing deadline for	50483
independent candidates required in this section prevents	50484
splintered parties and unrestrained factionalism, avoids political	50485
fragmentation, and maintains the integrity of the ballot. The	50486
deadline, one day prior to the primary election, is the least	50487
drastic or restrictive means of protecting these state interests.	50488
The general assembly finds that the filing deadline for	50489
independent candidates in primary elections required in this	50490
section is reasonably related to the state's purpose of ensuring	50491
fair and honest elections while leaving unimpaired the political,	50492
voting, and associational rights secured by the first and	50493
fourteenth amendments to the United States Constitution.	50494

Sec. 3513.261. A nominating petition may consist of one or	50495
more separate petition papers, each of which shall be	50496
substantially in the form prescribed in this section. If the	50497
petition consists of more than one separate petition paper, the	50498
statement of candidacy of the candidate or joint candidates named	50499
need be signed by the candidate or joint candidates on only one of	50500
such separate petition papers, but the statement of candidacy so	50501
signed shall be copied on each other separate petition paper	50502
before the signatures of electors are placed on it. Each	50503
nominating petition containing signatures of electors of more than	50504
one county shall consist of separate petition papers each of which	50505
shall contain signatures of electors of only one county; provided	50506
that petitions containing signatures of electors of more than one	50507
county shall not thereby be declared invalid. In case petitions	50508
containing signatures of electors of more than one county are	50509
filed, the board of elections shall determine the county from	50510
which the majority of the signatures came, and only signatures	50511
from this county shall be counted. Signatures from any other	50512
county shall be invalid.	50513

All signatures on nominating petitions shall be written in	50514
ink or indelible pencil.	50515

At the time of filing a nominating petition, the candidate	50516
designated in the nominating petition, and joint candidates for	50517
governor and lieutenant governor, shall pay to the election	50518
officials with whom it is filed the fees specified for the office	50519
under divisions (A) and (B) of section 3513.10 of the Revised	50520
Code. The fees shall be disposed of by those election officials in	50521
the manner that is provided in section 3513.10 of the Revised Code	50522
for the disposition of other fees, and in no case shall a fee	50523
required under that section be returned to a candidate.	50524

Candidates or joint candidates whose names are written on the	50525
ballot, and who are elected, shall pay the same fees under section	50526
3513.10 of the Revised Code that candidates who file nominating	50527
petitions pay. Payment of these fees shall be a condition	50528
precedent to the granting of their certificates of election.	50529

Each nominating petition shall contain a statement of	50530
candidacy that shall be signed by the candidate or joint	50531
candidates named in it or by an attorney in fact acting pursuant	50532
to section 3501.382 of the Revised Code. Such statement of	50533
candidacy shall contain a declaration made under penalty of	50534
election falsification that the candidate desires to be a	50535
candidate for the office named in it, and that the candidate is an	50536
elector qualified to vote for the office the candidate seeks.	50537

The form of the nominating petition and statement of	50538
candidacy shall be substantially as follows:	50539

"STATEMENT OF CANDIDACY	50540

I, ................................... (Name of candidate),	50541
the undersigned, hereby declare under penalty of election	50542
falsification that my voting residence is in ................	50543
.......... Precinct of the ......................... (Township) or	50544
(Ward and City, or Village) in the county of ............... Ohio;	50545
that my post-office address is ............................	50546
(Street and Number, if any, or Rural Route and Number) of the	50547
............................... (City, Village, or post office) of	50548
...................., Ohio; and that I am a qualified elector in	50549
the precinct in which my voting residence is located. I hereby	50550
declare that I desire to be a candidate for election to the office	50551
of .............. in the ........................ (State,	50552
District, County, City, Village, Township, or School District) for	50553
the ...................................... (Full term or unexpired	50554
term ending ................) at the General Election to be held	50555
on the ........... day of ..............., ....	50556

I further declare that I am an elector qualified to vote for	50557
the office I seek. Dated this ....... day of .............., ....	50558

			50559
	(Signature of candidate)		50560

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	50561
OF THE FIFTH DEGREE.	50562

I, ................................., hereby constitute the	50563
persons named below a committee to represent me:	50564

Name	Residence	50565
	50566
	50567
	50568
	50569
	50570

NOMINATING PETITION	50571

We, the undersigned, qualified electors of the state of Ohio,	50572
whose voting residence is in the County, City, Village, Ward,	50573
Township or Precinct set opposite our names, hereby nominate	50574
.................... as a candidate for election to the office of	50575
........................... in the ............................	50576
(State, District, County, City, Village, Township, or School	50577
District) for the ................. (Full term or unexpired term	50578
ending ...................) to be voted for at the general	50579
election next hereafter to be held, and certify that this person	50580
is, in our opinion, well qualified to perform the duties of the	50581
office or position to which the person desires to be elected.	50582

	50583
	Street						50584
	Address						50585
	or R.F.D.						50586
	(Must use						50587
	address on	City,					50588
	file with	Village					50589
	the board of	or				Date of	50590
Signature	elections)	Township	Ward	Precinct	County	Signing	50591
	50592
	50593
	50594
	50595

..........................., declares under penalty of election	50596
falsification that such person is a qualified elector of the state	50597
of Ohio and resides at the address appearing below such person's	50598
signature hereto; that such person is the circulator of the	50599
foregoing petition paper containing ................ signatures;	50600
that such person witnessed the affixing of every signature; that	50601
all signers were to the best of such person's knowledge and belief	50602
qualified to sign; and that every signature is to the best of such	50603
person's knowledge and belief the signature of the person whose	50604
signature it purports to be or of an attorney in fact acting	50605
pursuant to section 3501.382 of the Revised Code.	50606

			50607
	(Signature of circulator)		50608
			50609
	(Address of circulator's		50610
	permanent residence		50611
	in this state)		50612
			50613
	(If petition is for a statewide		50614
	candidate, the name and address		50615
	of person employing circulator		50616
	to circulate petition, if any)		50617

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	50618
OF THE FIFTH DEGREE."	50619

The secretary of state shall prescribe a form of nominating	50620
petition for a group of candidates for the office of member of a	50621
board of education, township office, and offices of municipal	50622
corporations of under two thousand population.	50623

The secretary of state shall prescribe a form of statement of	50624
candidacy and nominating petition, which shall be substantially	50625
similar to the form of statement of candidacy and nominating	50626
petition set forth in this section, that will be suitable for	50627
joint candidates for the offices of governor and lieutenant	50628
governor.	50629

If such petition nominates a candidate whose election is to	50630
be determined by the electors of a county or a district or	50631
subdivision within the county, it shall be filed with the board of	50632
such county. If the petition nominates a candidate whose election	50633
is to be determined by the voters of a subdivision located in more	50634
than one county, it shall be filed with the board of the county in	50635
which the major portion of the population of such subdivision is	50636
located.	50637

If the petition nominates a candidate whose election is to be	50638
determined by the electors of a district comprised of more than	50639
one county but less than all of the counties of the state, it	50640
shall be filed with the board of elections of the most populous	50641
county in such district. If the petition nominates a candidate	50642
whose election is to be determined by the electors of the state at	50643
large, it shall be filed with the secretary of state.	50644

The secretary of state or a board of elections shall not	50645
accept for filing a nominating petition of a person seeking to	50646
become a candidate if that person, for the same election, has	50647
already filed a declaration of candidacy, a declaration of intent	50648
to be a write-in candidate, or a nominating petition, or has	50649
become a candidate through party nomination at a primary election	50650
or by the filling of a vacancy under section 3513.30 or 3513.31 of	50651
the Revised Code for any federal, state, or county office, if the	50652
nominating petition is for a state or county office, or for any	50653
municipal or township office,or for member of a city, local, or	50654
exempted village board of education, ~~or for member of a governing~~	50655
~~board of an educational service center,~~ if the nominating petition	50656
is for a municipal or township office, or for member of a city,	50657
local, or exempted village board of education~~, or for member of a~~	50658
~~governing board of an educational service center~~.	50659

Sec. 3599.45. (A) As used in this section:

50660

"Candidate," "campaign committee," and "contribution" have	50661
the same meanings as in section 3517.01 of the Revised Code.	50662

"Medicaid provider" has the same meaning as in section	50663
5164.01 of the Revised Code.	50664

(B) No candidate for the office of attorney general or county	50665
prosecutor or such a candidate's campaign committee shall	50666
knowingly accept any contribution from a medicaid provider of	50667
~~services or goods under contract with the department of job and~~	50668
~~family services pursuant to the medicaid program of Title XIX of~~	50669
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	50670
~~amended,~~ or from any person having an ownership interest in the	50671
medicaid provider.	50672

~~As used in this section "candidate," "campaign committee,"~~	50673
~~and "contribution" have the same meaning as in section 3517.01 of~~	50674
~~the Revised Code.~~	50675

~~(B)~~(C) Whoever violates this section is guilty of a	50676
misdemeanor of the first degree.	50677

Sec. 3701.023. (A) The department of health shall review	50678
applications for eligibility for the program for medically	50679
handicapped children that are submitted to the department by city	50680
and general health districts and physician providers approved in	50681
accordance with division (C) of this section. The department shall	50682
determine whether the applicants meet the medical and financial	50683
eligibility requirements established by the director of health	50684
pursuant to division (A)(1) of section 3701.021 of the Revised	50685
Code, and by the department in the manual of operational	50686
procedures and guidelines for the program for medically	50687
handicapped children developed pursuant to division (B) of that	50688
section. Referrals of potentially eligible children for the	50689
program may be submitted to the department on behalf of the child	50690
by parents, guardians, public health nurses, or any other	50691
interested person. The department of health may designate other	50692
agencies to refer applicants to the department of health.	50693

(B) In accordance with the procedures established in rules	50694
adopted under division (A)(4) of section 3701.021 of the Revised	50695
Code, the department of health shall authorize a provider or	50696
providers to provide to any Ohio resident under twenty-one years	50697
of age, without charge to the resident or the resident's family	50698
and without restriction as to the economic status of the resident	50699
or the resident's family, diagnostic services necessary to	50700
determine whether the resident has a medically handicapping or	50701
potentially medically handicapping condition.	50702

(C) The department of health shall review the applications of	50703
health professionals, hospitals, medical equipment suppliers, and	50704
other individuals, groups, or agencies that apply to become	50705
providers. The department shall enter into a written agreement	50706
with each applicant who is determined, pursuant to the	50707
requirements set forth in rules adopted under division (A)(2) of	50708
section 3701.021 of the Revised Code, to be eligible to be a	50709
provider in accordance with the provider agreement required by the	50710
~~medical assistance~~medicaid program ~~established under section~~	50711
~~5111.01 of the Revised Code~~. No provider shall charge a medically	50712
handicapped child or the child's parent or guardian for services	50713
authorized by the department under division (B) or (D) of this	50714
section.	50715

The department, in accordance with rules adopted under	50716
division (A)(3) of section 3701.021 of the Revised Code, may	50717
disqualify any provider from further participation in the program	50718
for violating any requirement set forth in rules adopted under	50719
division (A)(2) of that section. The disqualification shall not	50720
take effect until a written notice, specifying the requirement	50721
violated and describing the nature of the violation, has been	50722
delivered to the provider and the department has afforded the	50723
provider an opportunity to appeal the disqualification under	50724
division (H) of this section.	50725

(D) The department of health shall evaluate applications from	50726
city and general health districts and approved physician providers	50727
for authorization to provide treatment services, service	50728
coordination, and related goods to children determined to be	50729
eligible for the program for medically handicapped children	50730
pursuant to division (A) of this section. The department shall	50731
authorize necessary treatment services, service coordination, and	50732
related goods for each eligible child in accordance with an	50733
individual plan of treatment for the child. As an alternative, the	50734
department may authorize payment of health insurance premiums on	50735
behalf of eligible children when the department determines, in	50736
accordance with criteria set forth in rules adopted under division	50737
(A)(9) of section 3701.021 of the Revised Code, that payment of	50738
the premiums is cost-effective.	50739

(E) The department of health shall pay, from appropriations	50740
to the department, any necessary expenses, including but not	50741
limited to, expenses for diagnosis, treatment, service	50742
coordination, supportive services, transportation, and accessories	50743
and their upkeep, provided to medically handicapped children,	50744
provided that the provision of the goods or services is authorized	50745
by the department under division (B) or (D) of this section. Money	50746
appropriated to the department of health may also be expended for	50747
reasonable administrative costs incurred by the program. The	50748
department of health also may purchase liability insurance	50749
covering the provision of services under the program for medically	50750
handicapped children by physicians and other health care	50751
professionals.	50752

Payments made to providers by the department of health	50753
pursuant to this division for inpatient hospital care, outpatient	50754
care, and all other medical assistance furnished to eligible	50755
recipients shall be made in accordance with rules adopted by the	50756
director of health pursuant to division (A) of section 3701.021 of	50757
the Revised Code.	50758

The departments of health and ~~job and family services~~	50759
medicaid shall jointly implement procedures to ensure that	50760
duplicate payments are not made under the program for medically	50761
handicapped children and the ~~medical assistance~~medicaid program	50762
~~established under section 5111.01 of the Revised Code~~ and to	50763
identify and recover duplicate payments.	50764

(F) At the time of applying for participation in the program	50765
for medically handicapped children, a medically handicapped child	50766
or the child's parent or guardian shall disclose the identity of	50767
any third party against whom the child or the child's parent or	50768
guardian has or may have a right of recovery for goods and	50769
services provided under division (B) or (D) of this section. The	50770
department of health shall require a medically handicapped child	50771
who receives services from the program or the child's parent or	50772
guardian to apply for all third-party benefits for which the child	50773
may be eligible and require the child, parent, or guardian to	50774
apply all third-party benefits received to the amount determined	50775
under division (E) of this section as the amount payable for goods	50776
and services authorized under division (B) or (D) of this section.	50777
The department is the payer of last resort and shall pay for	50778
authorized goods or services, up to the amount determined under	50779
division (E) of this section for the authorized goods or services,	50780
only to the extent that payment for the authorized goods or	50781
services is not made through third-party benefits. When a third	50782
party fails to act on an application or claim for benefits by a	50783
medically handicapped child or the child's parent or guardian, the	50784
department shall pay for the goods or services only after ninety	50785
days have elapsed since the date the child, parents, or guardians	50786
made an application or claim for all third-party benefits.	50787
Third-party benefits received shall be applied to the amount	50788
determined under division (E) of this section. Third-party	50789
payments for goods and services not authorized under division (B)	50790
or (D) of this section shall not be applied to payment amounts	50791
determined under division (E) of this section. Payment made by the	50792
department shall be considered payment in full of the amount	50793
determined under division (E) of this section. Medicaid payments	50794
for persons eligible for the ~~medical assistance~~medicaid program	50795
~~established under section 5111.01 of the Revised Code~~ shall be	50796
considered payment in full of the amount determined under division	50797
(E) of this section.	50798

(G) The department of health shall administer a program to	50799
provide services to Ohio residents who are twenty-one or more	50800
years of age who have cystic fibrosis and who meet the eligibility	50801
requirements established in rules adopted by the director of	50802
health pursuant to division (A)(7) of section 3701.021 of the	50803
Revised Code, subject to all provisions of this section, but not	50804
subject to section 3701.024 of the Revised Code.	50805

(H) The department of health shall provide for appeals, in	50806
accordance with rules adopted under section 3701.021 of the	50807
Revised Code, of denials of applications for the program for	50808
medically handicapped children under division (A) or (D) of this	50809
section, disqualification of providers, or amounts paid under	50810
division (E) of this section. Appeals under this division are not	50811
subject to Chapter 119. of the Revised Code.	50812

The department may designate ombudspersons to assist	50813
medically handicapped children or their parents or guardians, upon	50814
the request of the children, parents, or guardians, in filing	50815
appeals under this division and to serve as children's, parents',	50816
or guardians' advocates in matters pertaining to the	50817
administration of the program for medically handicapped children	50818
and eligibility for program services. The ombudspersons shall	50819
receive no compensation but shall be reimbursed by the department,	50820
in accordance with rules of the office of budget and management,	50821
for their actual and necessary travel expenses incurred in the	50822
performance of their duties.	50823

(I) The department of health, and city and general health	50824
districts providing service coordination pursuant to division	50825
(A)(2) of section 3701.024 of the Revised Code, shall provide	50826
service coordination in accordance with the standards set forth in	50827
the rules adopted under section 3701.021 of the Revised Code,	50828
without charge, and without restriction as to economic status.	50829

(J)(1) The department of health may establish a manufacturer	50830
discount program under which a manufacturer of a drug or	50831
nutritional formula is permitted to enter into an agreement with	50832
the department to provide a discount on the price of the drug or	50833
nutritional formula distributed to medically handicapped children	50834
participating in the program for medically handicapped children.	50835
The program shall be administered in accordance with rules adopted	50836
under section 3701.021 of the Revised Code.	50837

(2) If a manufacturer enters into an agreement with the	50838
department as described in division (J)(1) of this section, the	50839
manufacturer and the department may negotiate the amount and terms	50840
of the discount.	50841

(3) In lieu of establishing a discount program as described	50842
in division (J)(1) of this section, the department and a	50843
manufacturer of a drug or nutritional formula may discuss a	50844
donation of drugs, nutritional formulas, or money by the	50845
manufacturer to the department.	50846

Sec. 3701.024. (A)(1) Under a procedure established in rules	50847
adopted under section 3701.021 of the Revised Code, the department	50848
of health shall determine the amount each county shall provide	50849
annually for the program for medically handicapped children, based	50850
on a proportion of the county's total general property tax	50851
duplicate, not to exceed one-tenth of a mill, and charge the	50852
county for any part of expenses incurred under the program for	50853
treatment services on behalf of medically handicapped children	50854
having legal settlement in the county that is not paid from	50855
federal funds or through the ~~medical assistance~~medicaid program	50856
~~established under section 5111.01 of the Revised Code~~. The	50857
department shall not charge the county for expenses exceeding the	50858
difference between the amount determined under division (A)(1) of	50859
this section and any amounts retained under divisions (A)(2) and	50860
(3) of this section.	50861

All amounts collected by the department under division (A)(1)	50862
of this section shall be deposited into the state treasury to the	50863
credit of the medically handicapped children-county assessment	50864
fund, which is hereby created. The fund shall be used by the	50865
department to comply with sections 3701.021 to 3701.028 of the	50866
Revised Code.	50867

(2) The department, in accordance with rules adopted under	50868
section 3701.021 of the Revised Code, may allow each county to	50869
retain up to ten per cent of the amount determined under division	50870
(A)(1) of this section to provide funds to city or general health	50871
districts of the county with which the districts shall provide	50872
service coordination, public health nursing, or transportation	50873
services for medically handicapped children.	50874

(3) In addition to any amount retained under division (A)(2)	50875
of this section, the department, in accordance with rules adopted	50876
under section 3701.021 of the Revised Code, may allow counties	50877
that it determines have significant numbers of potentially	50878
eligible medically handicapped children to retain an amount equal	50879
to the difference between:	50880

(a) Twenty-five per cent of the amount determined under	50881
division (A)(1) of this section;	50882

(b) Any amount retained under division (A)(2) of this	50883
section.	50884

Counties shall use amounts retained under division (A)(3) of	50885
this section to provide funds to city or general health districts	50886
of the county with which the districts shall conduct outreach	50887
activities to increase participation in the program for medically	50888
handicapped children.	50889

(4) Prior to any increase in the millage charged to a county,	50890
the director of health shall hold a public hearing on the proposed	50891
increase and shall give notice of the hearing to each board of	50892
county commissioners that would be affected by the increase at	50893
least thirty days prior to the date set for the hearing. Any	50894
county commissioner may appear and give testimony at the hearing.	50895
Any increase in the millage any county is required to provide for	50896
the program for medically handicapped children shall be	50897
determined, and notice of the amount of the increase shall be	50898
provided to each affected board of county commissioners, no later	50899
than the first day of June of the fiscal year next preceding the	50900
fiscal year in which the increase will take effect.	50901

(B) Each board of county commissioners shall establish a	50902
medically handicapped children's fund and shall appropriate	50903
thereto an amount, determined in accordance with division (A)(1)	50904
of this section, for the county's share in providing medical,	50905
surgical, and other aid to medically handicapped children residing	50906
in such county and for the purposes specified in divisions (A)(2)	50907
and (3) of this section. Each county shall use money retained	50908
under divisions (A)(2) and (3) of this section only for the	50909
purposes specified in those divisions.	50910

Sec. 3701.027. The department of health shall administer	50911
funds received from the "Maternal and Child Health Block Grant,"	50912
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	50913
U.S.C.A. 701, as amended, for programs including the program for	50914
medically handicapped children, and to provide technical	50915
assistance and consultation to city and general health districts	50916
and local health planning organizations in implementing local,	50917
community-based, family-centered, coordinated systems of care for	50918
medically handicapped children. The department may make grants to	50919
persons and other entities for the provision of services with the	50920
funds. In addition, the department may use the funds to purchase	50921
liability insurance covering the provision of services under the	50922
programs by physicians and other health care professionals, and to	50923
pay health insurance premiums on behalf of medically handicapped	50924
children participating in the program for medically handicapped	50925
children when the department determines, in accordance with	50926
criteria set forth in rules adopted under division (A)(9) of	50927
section 3701.021 of the Revised Code, that payment of the premiums	50928
is cost effective.	50929

In determining eligibility for services provided with funds	50930
received from the "Maternal and Child Health Block Grant," the	50931
department may use the application form established under section	50932
~~5111.013~~5163.40 of the Revised Code. The department may require	50933
applicants to furnish their social security numbers.	50934

Sec. 3701.13. The department of health shall have	50935
supervision of all matters relating to the preservation of the	50936
life and health of the people and have ultimate authority in	50937
matters of quarantine and isolation, which it may declare and	50938
enforce, when neither exists, and modify, relax, or abolish, when	50939
either has been established. The department may approve methods of	50940
immunization against the diseases specified in section 3313.671 of	50941
the Revised Code for the purpose of carrying out the provisions of	50942
that section and take such actions as are necessary to encourage	50943
vaccination against those diseases.	50944

The department may make special or standing orders or rules	50945
for preventing the use of fluoroscopes for nonmedical purposes	50946
~~which~~that emit doses of radiation likely to be harmful to any	50947
person, for preventing the spread of contagious or infectious	50948
diseases, for governing the receipt and conveyance of remains of	50949
deceased persons, and for such other sanitary matters as are best	50950
controlled by a general rule. Whenever possible, the department	50951
shall work in cooperation with the health commissioner of a	50952
general or city health district. ItThe department may make and	50953
enforce orders in local matters or reassign substantive authority	50954
for mandatory programs from a general or city health district to	50955
another general or city health district when an emergency exists,	50956
or when the board of health of a general or city health district	50957
has neglected or refused to act with sufficient promptness or	50958
efficiency, or when such board has not been established as	50959
provided by sections 3709.02, 3709.03, 3709.05, 3709.06, 3709.11,	50960
3709.12, and 3709.14 of the Revised Code. In such cases, the	50961
necessary expense incurred shall be paid by the general health	50962
district or city for which the services are rendered.	50963

The department of health may require general or city health	50964
districts to enter into agreements for shared services under	50965
section 9.482 of the Revised Code.	50966

As a condition precedent to receiving funding from the	50967
department of health, the director of health may require general	50968
or city health districts to be accredited not later than July 1,	50969
2018, by an accreditation body approved by the director.	50970

The department may make evaluative studies of the nutritional	50971
status of Ohio residents, and of the food and nutrition-related	50972
programs operating within the state. Every agency of the state, at	50973
the request of the department, shall provide information and	50974
otherwise assist in the execution of such studies.	50975

Sec. 3701.132. The department of health is hereby designated	50976
as the state agency to administer the "special supplemental	50977
nutrition program for women, infants, and children" established	50978
under the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.	50979
1786, as amended. The director of health may adopt rules pursuant	50980
to Chapter 119. of the Revised Code as necessary for administering	50981
the program. The rules may include civil money penalties for	50982
violations of the rules.	50983

In determining eligibility for services provided under the	50984
program, the department may use the application form established	50985
under section ~~5111.013~~5163.40 of the Revised Code for the healthy	50986
start program. The department may require applicants to furnish	50987
their social security numbers.	50988

If the department determines that a vendor has committed an	50989
act with respect to the program that federal statutes or	50990
regulations or state statutes or rules prohibit, the department	50991
shall take action against the vendor in the manner required by 7	50992
C.F.R. part 246, including imposition of a civil money penalty in	50993
accordance with 7 C.F.R. 246.12, or rules adopted under this	50994
section.	50995

Sec. 3701.243. (A) Except as provided in this section or	50996
section 3701.248 of the Revised Code, no person or agency of state	50997
or local government that acquires the information while providing	50998
any health care service or while in the employ of a health care	50999
facility or health care provider shall disclose or compel another	51000
to disclose any of the following:	51001

(1) The identity of any individual on whom an HIV test is	51002
performed;	51003

(2) The results of an HIV test in a form that identifies the	51004
individual tested;	51005

(3) The identity of any individual diagnosed as having AIDS	51006
or an AIDS-related condition.	51007

(B)(1) Except as provided in divisions (B)(2), (C), (D), and	51008
(F) of this section, the results of an HIV test or the identity of	51009
an individual on whom an HIV test is performed or who is diagnosed	51010
as having AIDS or an AIDS-related condition may be disclosed only	51011
to the following:	51012

(a) The individual who was tested or the individual's legal	51013
guardian, and the individual's spouse or any sexual partner;	51014

(b) A person to whom disclosure is authorized by a written	51015
release, executed by the individual tested or by the individual's	51016
legal guardian and specifying to whom disclosure of the test	51017
results or diagnosis is authorized and the time period during	51018
which the release is to be effective;	51019

51020

(d) The department of health or a health commissioner to	51021
which reports are made under section 3701.24 of the Revised Code;	51022

(e) A health care facility or provider that procures,	51023
processes, distributes, or uses a human body part from a deceased	51024
individual, donated for a purpose specified in Chapter 2108. of	51025
the Revised Code, and that needs medical information about the	51026
deceased individual to ensure that the body part is medically	51027
acceptable for its intended purpose;	51028

(f) Health care facility staff committees or accreditation or	51029
oversight review organizations conducting program monitoring,	51030
program evaluation, or service reviews;	51031

(g) A health care provider, emergency medical services	51032
worker, or peace officer who sustained a significant exposure to	51033
the body fluids of another individual, if that individual was	51034
tested pursuant to division (E)(6) of section 3701.242 of the	51035
Revised Code, except that the identity of the individual tested	51036
shall not be revealed;	51037

(h) To law enforcement authorities pursuant to a search	51038
warrant or a subpoena issued by or at the request of a grand jury,	51039
a prosecuting attorney, a city director of law or similar chief	51040
legal officer of a municipal corporation, or a village solicitor,	51041
in connection with a criminal investigation or prosecution.	51042

(2) The results of an HIV test or a diagnosis of AIDS or an	51043
AIDS-related condition may be disclosed to a health care provider,	51044
or an authorized agent or employee of a health care facility or a	51045
health care provider, if the provider, agent, or employee has a	51046
medical need to know the information and is participating in the	51047
diagnosis, care, or treatment of the individual on whom the test	51048
was performed or who has been diagnosed as having AIDS or an	51049
AIDS-related condition.	51050

This division does not impose a standard of disclosure	51051
different from the standard for disclosure of all other specific	51052
information about a patient to health care providers and	51053
facilities. Disclosure may not be requested or made solely for the	51054
purpose of identifying an individual who has a positive HIV test	51055
result or has been diagnosed as having AIDS or an AIDS-related	51056
condition in order to refuse to treat the individual. Referral of	51057
an individual to another health care provider or facility based on	51058
reasonable professional judgment does not constitute refusal to	51059
treat the individual.	51060

(3) Not later than ninety days after November 1, 1989, each	51061
health care facility in this state shall establish a protocol to	51062
be followed by employees and individuals affiliated with the	51063
facility in making disclosures authorized by division (B)(2) of	51064
this section. A person employed by or affiliated with a health	51065
care facility who determines in accordance with the protocol	51066
established by the facility that a disclosure is authorized by	51067
division (B)(2) of this section is immune from liability to any	51068
person in a civil action for damages for injury, death, or loss to	51069
person or property resulting from the disclosure.	51070

(C)(1) Any person or government agency may seek access to or	51071
authority to disclose the HIV test records of an individual in	51072
accordance with the following provisions:	51073

(a) The person or government agency shall bring an action in	51074
a court of common pleas requesting disclosure of or authority to	51075
disclose the results of an HIV test of a specific individual, who	51076
shall be identified in the complaint by a pseudonym but whose name	51077
shall be communicated to the court confidentially, pursuant to a	51078
court order restricting the use of the name. The court shall	51079
provide the individual with notice and an opportunity to	51080
participate in the proceedings if the individual is not named as a	51081
party. Proceedings shall be conducted in chambers unless the	51082
individual agrees to a hearing in open court.	51083

(b) The court may issue an order granting the plaintiff	51084
access to or authority to disclose the test results only if the	51085
court finds by clear and convincing evidence that the plaintiff	51086
has demonstrated a compelling need for disclosure of the	51087
information that cannot be accommodated by other means. In	51088
assessing compelling need, the court shall weigh the need for	51089
disclosure against the privacy right of the individual tested and	51090
against any disservice to the public interest that might result	51091
from the disclosure, such as discrimination against the individual	51092
or the deterrence of others from being tested.	51093

(c) If the court issues an order, it shall guard against	51094
unauthorized disclosure by specifying the persons who may have	51095
access to the information, the purposes for which the information	51096
shall be used, and prohibitions against future disclosure.	51097

(2) A person or government agency that considers it necessary	51098
to disclose the results of an HIV test of a specific individual in	51099
an action in which it is a party may seek authority for the	51100
disclosure by filing an in camera motion with the court in which	51101
the action is being heard. In hearing the motion, the court shall	51102
employ procedures for confidentiality similar to those specified	51103
in division (C)(1) of this section. The court shall grant the	51104
motion only if it finds by clear and convincing evidence that a	51105
compelling need for the disclosure has been demonstrated.	51106

(3) Except for an order issued in a criminal prosecution or	51107
an order under division (C)(1) or (2) of this section granting	51108
disclosure of the result of an HIV test of a specific individual,	51109
a court shall not compel a blood bank, hospital blood center, or	51110
blood collection facility to disclose the result of HIV tests	51111
performed on the blood of voluntary donors in a way that reveals	51112
the identity of any donor.	51113

(4) In a civil action in which the plaintiff seeks to recover	51114
damages from an individual defendant based on an allegation that	51115
the plaintiff contracted the HIV virus as a result of actions of	51116
the defendant, the prohibitions against disclosure in this section	51117
do not bar discovery of the results of any HIV test given to the	51118
defendant or any diagnosis that the defendant suffers from AIDS or	51119
an AIDS-related condition.	51120

(D) The results of an HIV test or the identity of an	51121
individual on whom an HIV test is performed or who is diagnosed as	51122
having AIDS or an AIDS-related condition may be disclosed to a	51123
federal, state, or local government agency, or the official	51124
representative of such an agency, for purposes of the ~~medical~~	51125
~~assistance~~medicaid program ~~established under section 5111.01 of~~	51126
~~the Revised Code~~, the medicare program ~~established under Title~~	51127
~~XVIII of the "Social Security Act," 49 Stat. 620 (1935) 42~~	51128
~~U.S.C.A. 301, as amended~~, or any other public assistance program.	51129

(E) Any disclosure pursuant to this section shall be in	51130
writing and accompanied by a written statement that includes the	51131
following or substantially similar language: "This information has	51132
been disclosed to you from confidential records protected from	51133
disclosure by state law. You shall make no further disclosure of	51134
this information without the specific, written, and informed	51135
release of the individual to whom it pertains, or as otherwise	51136
permitted by state law. A general authorization for the release of	51137
medical or other information is not sufficient for the purpose of	51138
the release of HIV test results or diagnoses."	51139

(F) An individual who knows that the individual has received	51140
a positive result on an HIV test or has been diagnosed as having	51141
AIDS or an AIDS-related condition shall disclose this information	51142
to any other person with whom the individual intends to make	51143
common use of a hypodermic needle or engage in sexual conduct as	51144
defined in section 2907.01 of the Revised Code. An individual's	51145
compliance with this division does not prohibit a prosecution of	51146
the individual for a violation of division (B) of section 2903.11	51147
of the Revised Code.	51148

(G) Nothing in this section prohibits the introduction of	51149
evidence concerning an HIV test of a specific individual in a	51150
criminal proceeding.	51151

Sec. 3701.261. (A) As used in this section, "state	51152
university" has the same meaning as in section 3345.011 of the	51153
Revised Code.	51154

(B) The director of health shall:

51155

(1) Establish a population-based cancer registry, which shall	51156
be known as the Ohio cancer incidence surveillance system, to	51157
monitor the incidence of various types of malignant diseases in	51158
Ohio, make appropriate epidemiologic studies to determine any	51159
causal relations of such diseases with occupational, nutritional,	51160
environmental, or infectious conditions, and alleviate or	51161
eliminate any such conditions;	51162

(2) Advise, consult, cooperate with, and assist, by contract	51163
or otherwise, agencies of the state and federal government,	51164
agencies of the governments of other states, agencies of political	51165
subdivisions of this state, universities, private organizations,	51166
corporations, and associations for the purposes of division	51167
~~(A)~~(B)(1) of this section;	51168

(3) Accept and administer grants from the federal government	51169
or other sources, public or private, for carrying out any of the	51170
functions enumerated in divisions ~~(A)~~(B)(1) and (2) of this	51171
section.	51172

~~(B)~~(C) The Ohio cancer incidence surveillance system shall	51173
follow a model of cancer data collection as set forth by the	51174
survey epidemiology and end results system (SEERS).	51175

(D) The department may, by contract, designate a state	51176
university as an agent to implement some or all of this section	51177
and section 3701.262 of the Revised Code and the rules adopted	51178
under those sections.	51179

Sec. 3701.262. (A) As used in this section ~~and section~~	51180
~~3701.263 of the Revised Code~~:	51181

(1) "Physician" means a person who holds a valid certificate	51182
issued under Chapter 4731. of the Revised Code authorizing the	51183
person to practice medicine orand surgery or osteopathic medicine	51184
and surgery.	51185

(2) "Dentist" means a person who is licensed under Chapter	51186
4715. of the Revised Code to practice dentistry.	51187

(3) "Hospital" has the same meaning as in section 3727.01 of	51188
the Revised Code.	51189

(4) "Cancer" includes those diseases specified by rule of the	51190
director of health under division (B)(2) of this section.	51191

(B) The director of health shall adopt rules in accordance	51192
with Chapter 119. of the Revised Code to do all of the following:	51193

(1) Establish the Ohio cancer incidence surveillance system	51194
required by section 3701.261 of the Revised Code;	51195

(2) Specify the types of cancer and other tumorous and	51196
precancerous diseases to be reported to the department of health	51197
under division (D) of this section;	51198

(3) Establish reporting requirements for information	51199
concerning diagnosed cancer cases as the director considers	51200
necessary to conduct epidemiologic surveys of cancer in this	51201
state;	51202

(4) Establish standards that must be met by research projects	51203
to be eligible to receive information concerning individual cancer	51204
patients from the department of health ~~under division (B) of~~	51205
~~section 3701.263 of the Revised Code~~.	51206

(C) The department of health shall record in the registry all	51207
reports of cancer received by it. In the development and	51208
administration of the cancer registry the department may use	51209
information compiled by public or private cancer registries and	51210
may contract for the collection and analysis of, and research	51211
related to, the information recorded under this section.	51212

(D)(1) Each physician, dentist, hospital, or person providing	51213
diagnostic or treatment services to patients with cancer shall	51214
report each case of cancer to the department. Any person required	51215
to report pursuant to this section may elect to report to the	51216
department through an existing cancer registry if the registry	51217
meets the reporting standards established by the director and	51218
reports to the department.	51219

(2) No person shall fail to make the cancer reports required	51220
by division (D)(1) of this section.	51221

(E) All physicians, dentists, hospitals, or persons providing	51222
diagnostic or treatment services to patients with cancer shall	51223
grant to the department or its authorized representative access to	51224
all records that identify cases of cancer or establish	51225
characteristics of cancer, the treatment of cancer, or the medical	51226
status of any identified cancer patient.	51227

(F) The Arthur G. James cancer hospital and Richard J. Solove	51228
research institute of the Ohio state university, shall analyze and	51229
evaluate the cancer reports collected pursuant to this section.	51230
The department shall publish and make available to the public	51231
reports summarizing the information collected. Reports shall be	51232
made on a calendar year basis and published not later than ninety	51233
days after the end of each calendar year.	51234

(G) Furnishing information, including records, reports,	51235
statements, notes, memoranda, or other information, to the	51236
department of health, either voluntarily or as required by this	51237
section, or to a person or governmental entity designated as a	51238
medical research project by the department, does not subject a	51239
physician, dentist, hospital, or person providing diagnostic or	51240
treatment services to patients with cancer to liability in an	51241
action for damages or other relief for furnishing the information.	51242

(H) This section does not affect the authority of any person	51243
or facility providing diagnostic or treatment services to patients	51244
with cancer to maintain facility-based tumor registries, in	51245
addition to complying with the reporting requirements of this	51246
section.	51247

~~(I) No person shall fail to make the cancer reports required~~	51248
~~by division (D) of this section.~~	51249

Sec. 3701.264. There is hereby created the Ohio cancer	51250
incidence surveillance system advisory board. The board shall	51251
consist of the director of health, who shall serve as chair of the	51252
board, and one representative, appointed by the governor, from	51253
each medical school accredited by the liaison committee on medical	51254
education and each osteopathic medical school accredited by the	51255
American osteopathic association in Ohio. In addition, the	51256
director of health shall appoint up to three additional members of	51257
the board. Vacancies on the board shall be filled in the same	51258
manner as the initial appointments. Members shall serve without	51259
compensation.	51260

The board shall provide oversight of the collection and	51261
analysis of data by the Ohio cancer incidence surveillance system	51262
to the director of health and the Arthur G. James cancer hospital	51263
and Richard J. Solove research institute of the Ohio state	51264
university and advise in the implementation of sections 3701.261	51265
~~to 3701.263~~and 3701.262 of the Revised Code. The board shall meet	51266
and conduct its business as directed by the chair.	51267

~~The board shall report to the finance committees of both~~	51268
~~houses of the general assembly, not later than March 1, 2001, on~~	51269
~~the progress made in implementing sections 3701.261 to 3701.263 of~~	51270
~~the Revised Code.~~	51271

The board is not subject to sections 101.82 to 101.87 of the	51272
Revised Code.	51273

Sec. 3701.342. ~~After consultation with the public health~~	51274
~~standards task force established under section 3701.343 of the~~	51275
~~Revised Code, the~~The director of health shall adopt rules	51276
establishing minimum standards and optimum achievable standards	51277
for boards of health and local health departments. The minimum	51278
standards shall assure that boards of health and local health	51279
departments provide for:	51280

(A) Analysis and prevention of communicable disease;

51281

(B) Analysis of the causes of, and appropriate treatment for,	51282
the leading causes of morbidity and mortality;	51283

(C) The administration and management of the local health	51284
department;	51285

(D) Access to primary health care by medically underserved	51286
individuals;	51287

(E) Environmental health management programs;

51288

(F) Health promotion services designed to encourage	51289
individual and community wellness;	51290

(G) Annual completion of eight continuing education units by	51291
each member of a board of health.	51292

The director shall adopt rules establishing a formula for	51293
distribution of state health district subsidy funds to boards of	51294
health and local health departments. The formula shall provide no	51295
subsidy funds to a board or department unless it meets minimum	51296
standards and shall provide higher funding levels for boards and	51297
districts that meet optimum achievable standards.	51298

~~Notwithstanding section 119.03 of the Revised Code, rules~~	51299
~~adopted under this section shall not take effect unless approved~~	51300
~~by concurrent resolution of the general assembly.~~	51301

Sec. 3701.344. As used in this section and sections	51302
3701.345, 3701.346, and 3701.347 of the Revised Code:	51303

(A) "Private water system" means any water system for the	51304
provision of water for human consumption, if such system has fewer	51305
than fifteen service connections and does not regularly serve an	51306
average of at least twenty-five individuals daily at least sixty	51307
days out of the year. A private water system includes any well,	51308
spring, cistern, pond, or hauled water and any equipment for the	51309
collection, transportation, filtration, disinfection, treatment,	51310
or storage of such water extending from and including the source	51311
of the water to the point of discharge from any pressure tank or	51312
other storage vessel; to the point of discharge from the water	51313
pump where no pressure tank or other storage vessel is present;	51314
or, in the case of multiple service connections serving more than	51315
one dwelling, to the point of discharge from each service	51316
connection. "Private water system" does not include the water	51317
service line extending from the point of discharge to a structure.	51318

(B) Notwithstanding section 3701.347 of the Revised Code and	51319
subject to division (C) of this section, rules adopted by the	51320
director of health regarding private water systems shall provide	51321
for the following:	51322

(1) Except as otherwise provided in this division, boards of	51323
health of city or general health districts shall be given the	51324
exclusive power to establish fees in accordance with section	51325
3709.09 of the Revised Code for administering and enforcing such	51326
rules. Such fees shall establish a different rate for	51327
administering and enforcing the rules relative to private water	51328
systems serving single-family dwelling houses and nonsingle-family	51329
dwelling houses. Except for an amount established by the director,	51330
pursuant to division (B)(5) of this section, for each new private	51331
water system installation, no portion of any fee for administering	51332
and enforcing such rules shall be returned to the department of	51333
health. If the director of health determines that a board of	51334
health of a city or general health district is unable to	51335
administer and enforce a private water system program in the	51336
district, the director shall administer and enforce such a program	51337
in the district and establish fees for such administration and	51338
enforcement.	51339

(2) Boards of health of city or general health districts	51340
shall be given the exclusive power to determine the number of	51341
inspections necessary for determining the safe drinking	51342
characteristics of a private water system.	51343

(3) Private water systems contractors, as a condition of	51344
doing business in this state, shall annually register with, and	51345
comply with competency testing, continuing education, and surety	51346
bonding or other equivalent proof of financial responsibility	51347
requirements of, the department of health. No such contractor	51348
shall be permitted to register if the contractor fails to comply	51349
with all applicable rules adopted by the director and the board of	51350
health of the city or general health district. The annual	51351
registration fee for private water systems contractors shall be	51352
sixty-five dollars. The director, by rule adopted in accordance	51353
with Chapter 119. of the Revised Code, may increase the annual	51354
registration fee.	51355

(4) Subject to rules adopted by the director, boards of	51356
health of city or general health districts shall have the option	51357
of determining whether bacteriological examinations shall be	51358
performed at approved laboratories of the state or at approved	51359
private laboratories.	51360

(5) The director may establish fees for each new private	51361
water system installation, which shall be collected by the	51362
appropriate board of health and transmitted to the director	51363
pursuant to section 3709.092 of the Revised Code.	51364

(6) All fees received by the director of health under	51365
divisions (B)(1), (3), and (5) of this section shall be deposited	51366
in the state treasury to the credit of the general operations fund	51367
created in section 3701.83 of the Revised Code for use in the	51368
administration and enforcement of sections 3701.344 to 3701.347 of	51369
the Revised Code and the rules pertaining to private water systems	51370
adopted under those sections.	51371

(C) To the extent that rules adopted under division (B) of	51372
this section require health districts to follow specific	51373
procedures or use prescribed forms, no such procedure or form	51374
shall be implemented until it is approved by majority vote of an	51375
approval board of health commissioners, hereby created. Members of	51376
the board shall be the officers of the association of Ohio health	51377
commissioners, or any successor organization, and membership on	51378
the board shall be coterminous with holding an office of the	51379
association. No health district is required to follow a procedure	51380
or use a form required by a rule adopted under division (B) of	51381
this section without the approval of the board.	51382

(D) A board of health shall collect well log filing fees on	51383
behalf of the division of soil and water resources in the	51384
department of natural resources in accordance with section 1521.05	51385
of the Revised Code and rules adopted under it. The fees shall be	51386
submitted to the division quarterly as provided in those rules.	51387

Sec. 3701.507. (A) To assist in implementing sections	51388
3701.503 to 3701.509 of the Revised Code, the medically	51389
handicapped children's medical advisory council created in section	51390
3701.025 of the Revised Code shall appoint a permanent infant	51391
hearing screening subcommittee. The subcommittee shall consist of	51392
the following members:	51393

(1) One otolaryngologist;

51394

(2) One neonatologist;

51395

(3) One pediatrician;

51396

(4) One neurologist;

51397

(5) One hospital administrator;

51398

(6) Two or more audiologists who are experienced in infant	51399
hearing screening and evaluation;	51400

(7) One speech-language pathologist licensed under section	51401
4753.07 of the Revised Code;	51402

(8) Two persons who are each a parent of a hearing-impaired	51403
child;	51404

(9) One geneticist;

51405

(10) One epidemiologist;

51406

(11) One adult who is deaf or hearing impaired;

51407

(12) One representative from an organization for the deaf or	51408
hearing impaired;	51409

(13) One family advocate;

51410

(14) One nurse from a well-baby neonatal nursery;

51411

(15) One nurse from a special care neonatal nursery;

51412

(16) One teacher of the deaf who works with infants and	51413
toddlers;	51414

(17) One representative of the health insurance industry;

51415

(18) One representative of the bureau for children with	51416
medical handicaps;	51417

(19) One representative of the department of education;

51418

(20) One representative of the ~~Ohio~~ department of ~~job and~~	51419
~~family services who has responsibilities regarding~~ medicaid;	51420

(21) Any other person the advisory council appoints.

51421

(B) The infant hearing subcommittee shall:

51422

(1) Consult with the director of health regarding the	51423
administration of sections 3701.503 to 3701.509 of the Revised	51424
Code;	51425

(2) Advise and make recommendations regarding proposed rules	51426
prior to their adoption by the director under section 3701.508 of	51427
the Revised Code;	51428

(3) Consult with the director of health and advise and make	51429
recommendations regarding program development and implementation	51430
under sections 3701.503 to 3701.509 of the Revised Code, including	51431
all of the following:	51432

(a) Establishment under section 3701.504 of the Revised Code	51433
of the statewide hearing screening, tracking, and early	51434
intervention program to identify newborn and infant hearing	51435
impairment;	51436

(b) Identification of locations where hearing evaluations may	51437
be conducted;	51438

(c) Recommendations for methods and techniques of hearing	51439
screening and hearing evaluation;	51440

(d) Referral, data recording and compilation, and procedures	51441
to encourage follow-up hearing care;	51442

(e) Maintenance of a register of newborns and infants who do	51443
not pass the hearing screening;	51444

(f) Preparation of the information required by section	51445
3701.506 of the Revised Code.	51446

Sec. 3701.5010. (A) As used in this section:

51447

(1) "Critical congenital heart defects screening" means the	51448
identification of a newborn that may have a critical congenital	51449
heart defect, through the use of a physiologic test;	51450

(2) "Freestanding birthing center" has the same meaning as in	51451
section 3702.141 of the Revised Code;	51452

(3) "Hospital," "maternity unit," "newborn," and "physician"	51453
have the same meanings as in section 3701.503 of the Revised Code.	51454

(B) Except as provided in division (C) of this section, each	51455
hospital and each freestanding birthing center shall conduct a	51456
critical congenital heart defects screening on each newborn born	51457
in the hospital or center, unless the newborn is being transferred	51458
to another hospital. The screening shall be performed after the	51459
newborn reaches twenty-four hours of age but before discharge. If	51460
the newborn is transferred to another hospital, that hospital	51461
shall conduct the screening when determined to be medically	51462
appropriate.	51463

The hospital or center shall promptly notify the newborn's	51464
parent, guardian, or custodian and attending physician of the	51465
screening results. The hospital or center shall notify the	51466
department of health of the screening results for each newborn	51467
screened.	51468

(C) A hospital or freestanding birthing center shall not	51469
conduct a critical congenital heart defects screening if the	51470
newborn's parent objects on the grounds that the screening	51471
conflicts with the parent's religious tenets and practices.	51472

(D) The director of health shall establish and maintain a	51473
statewide tracking and monitoring system to ensure that universal	51474
critical congenital heart defects screening is implemented.	51475

(E) The director shall adopt rules in accordance with Chapter	51476
119. of the Revised Code establishing standards and procedures for	51477
the screening required by this section, including all of the	51478
following:	51479

(1) Identifying the critical congenital heart defects to be	51480
included in the screening;	51481

(2) Specifying equipment to be used for and methods of	51482
screening for critical congenital heart defects;	51483

(3) Designating the person or persons who will be responsible	51484
for causing screenings and rescreenings to be performed;	51485

(4) Providing notice to the newborn's parent, guardian, or	51486
custodian of the required initial screening and the possibility	51487
that rescreenings may be necessary;	51488

(5) Communicating to the newborn's parent, guardian, or	51489
custodian and attending physician the results of the screening and	51490
any rescreenings;	51491

(6) Causing rescreenings to be performed when initial	51492
screenings have abnormal results;	51493

(7) Referring newborns who receive abnormal screening or	51494
rescreening results to providers of follow-up services.	51495

Sec. 3701.74. (A) As used in this section and section	51496
3701.741 of the Revised Code:	51497

(1) "Ambulatory care facility" means a facility that provides	51498
medical, diagnostic, or surgical treatment to patients who do not	51499
require hospitalization, including a dialysis center, ambulatory	51500
surgical facility, cardiac catheterization facility, diagnostic	51501
imaging center, extracorporeal shock wave lithotripsy center, home	51502
health agency, inpatient hospice, birthing center, radiation	51503
therapy center, emergency facility, and an urgent care center.	51504
"Ambulatory care facility" does not include the private office of	51505
a physician or dentist, whether the office is for an individual or	51506
group practice.	51507

(2) "Chiropractor" means an individual licensed under Chapter	51508
4734. of the Revised Code to practice chiropractic.	51509

(3) "Emergency facility" means a hospital emergency	51510
department or any other facility that provides emergency medical	51511
services.	51512

(4) "Health care practitioner" means all of the following:

51513

(a) A dentist or dental hygienist licensed under Chapter	51514
4715. of the Revised Code;	51515

(b) A registered or licensed practical nurse licensed under	51516
Chapter 4723. of the Revised Code;	51517

(c) An optometrist licensed under Chapter 4725. of the	51518
Revised Code;	51519

(d) A dispensing optician, spectacle dispensing optician,	51520
contact lens dispensing optician, or spectacle-contact lens	51521
dispensing optician licensed under Chapter 4725. of the Revised	51522
Code;	51523

(e) A pharmacist licensed under Chapter 4729. of the Revised	51524
Code;	51525

(f) A physician;

51526

(g) A physician assistant authorized under Chapter 4730. of	51527
the Revised Code to practice as a physician assistant;	51528

(h) A practitioner of a limited branch of medicine issued a	51529
certificate under Chapter 4731. of the Revised Code;	51530

(i) A psychologist licensed under Chapter 4732. of the	51531
Revised Code;	51532

(j) A chiropractor;

51533

(k) A hearing aid dealer or fitter licensed under Chapter	51534
4747. of the Revised Code;	51535

(l) A speech-language pathologist or audiologist licensed	51536
under Chapter 4753. of the Revised Code;	51537

(m) An occupational therapist or occupational therapy	51538
assistant licensed under Chapter 4755. of the Revised Code;	51539

(n) A physical therapist or physical therapy assistant	51540
licensed under Chapter 4755. of the Revised Code;	51541

(o) A professional clinical counselor, professional	51542
counselor, social worker, or independent social worker licensed,	51543
or a social work assistant registered, under Chapter 4757. of the	51544
Revised Code;	51545

(p) A dietitian licensed under Chapter 4759. of the Revised	51546
Code;	51547

(q) A respiratory care professional licensed under Chapter	51548
4761. of the Revised Code;	51549

(r) An emergency medical technician-basic, emergency medical	51550
technician-intermediate, or emergency medical technician-paramedic	51551
certified under Chapter 4765. of the Revised Code.	51552

(5) "Health care provider" means a hospital, ambulatory care	51553
facility, long-term care facility, pharmacy, emergency facility,	51554
or health care practitioner.	51555

(6) "Hospital" has the same meaning as in section 3727.01 of	51556
the Revised Code.	51557

(7) "Long-term care facility" means a nursing home,	51558
residential care facility, or home for the aging, as those terms	51559
are defined in section 3721.01 of the Revised Code; a residential	51560
facility licensed under section ~~5119.22~~5119.34 of the Revised	51561
Code that provides accommodations, supervision, and personal care	51562
services for three to sixteen unrelated adults; a nursing facility	51563
~~or intermediate care facility for the mentally retarded~~, as ~~those~~	51564
~~terms are~~ defined in section ~~5111.20~~5165.01 of the Revised Code;	51565
~~a facility or portion of a facility certified as~~ a skilled nursing	51566
facility ~~under Title XVIII of the "Social Security Act," 49 Stat.~~	51567
~~286 (1965), 42 U.S.C.A. 1395, as amended~~, as defined in section	51568
5165.01 of the Revised Code; and an intermediate care facility for	51569
individuals with intellectual disabilities, as defined in section	51570
5124.01 of the Revised Code.	51571

(8) "Medical record" means data in any form that pertains to	51572
a patient's medical history, diagnosis, prognosis, or medical	51573
condition and that is generated and maintained by a health care	51574
provider in the process of the patient's health care treatment.	51575

(9) "Medical records company" means a person who stores,	51576
locates, or copies medical records for a health care provider, or	51577
is compensated for doing so by a health care provider, and charges	51578
a fee for providing medical records to a patient or patient's	51579
representative.	51580

(10) "Patient" means either of the following:

51581

(a) An individual who received health care treatment from a	51582
health care provider;	51583

(b) A guardian, as defined in section 1337.11 of the Revised	51584
Code, of an individual described in division (A)(10)(a) of this	51585
section.	51586

(11) "Patient's personal representative" means a minor	51587
patient's parent or other person acting in loco parentis, a	51588
court-appointed guardian, or a person with durable power of	51589
attorney for health care for a patient, the executor or	51590
administrator of the patient's estate, or the person responsible	51591
for the patient's estate if it is not to be probated. "Patient's	51592
personal representative" does not include an insurer authorized	51593
under Title XXXIX of the Revised Code to do the business of	51594
sickness and accident insurance in this state, a health insuring	51595
corporation holding a certificate of authority under Chapter 1751.	51596
of the Revised Code, or any other person not named in this	51597
division.	51598

(12) "Pharmacy" has the same meaning as in section 4729.01 of	51599
the Revised Code.	51600

(13) "Physician" means a person authorized under Chapter	51601
4731. of the Revised Code to practice medicine and surgery,	51602
osteopathic medicine and surgery, or podiatric medicine and	51603
surgery.	51604

(14) "Authorized person" means a person to whom a patient has	51605
given written authorization to act on the patient's behalf	51606
regarding the patient's medical record.	51607

(B) A patient, a patient's personal representative or an	51608
authorized person who wishes to examine or obtain a copy of part	51609
or all of a medical record shall submit to the health care	51610
provider a written request signed by the patient, personal	51611
representative, or authorized person dated not more than one year	51612
before the date on which it is submitted. The request shall	51613
indicate whether the copy is to be sent to the requestor,	51614
physician or chiropractor, or held for the requestor at the office	51615
of the health care provider. Within a reasonable time after	51616
receiving a request that meets the requirements of this division	51617
and includes sufficient information to identify the record	51618
requested, a health care provider that has the patient's medical	51619
records shall permit the patient to examine the record during	51620
regular business hours without charge or, on request, shall	51621
provide a copy of the record in accordance with section 3701.741	51622
of the Revised Code, except that if a physician or chiropractor	51623
who has treated the patient determines for clearly stated	51624
treatment reasons that disclosure of the requested record is	51625
likely to have an adverse effect on the patient, the health care	51626
provider shall provide the record to a physician or chiropractor	51627
designated by the patient. The health care provider shall take	51628
reasonable steps to establish the identity of the person making	51629
the request to examine or obtain a copy of the patient's record.	51630

(C) If a health care provider fails to furnish a medical	51631
record as required by division (B) of this section, the patient,	51632
personal representative, or authorized person who requested the	51633
record may bring a civil action to enforce the patient's right of	51634
access to the record.	51635

(D)(1) This section does not apply to medical records whose	51636
release is covered by section 173.20 or 3721.13 of the Revised	51637
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	51638
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	51639
Records," or by 42 C.F.R. 483.10.	51640

(2) Nothing in this section is intended to supersede the	51641
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	51642
and 2305.252 of the Revised Code.	51643

Sec. 3701.741. (A) Each health care provider and medical	51644
records company shall provide copies of medical records in	51645
accordance with this section.	51646

(B) Except as provided in divisions (C) and (E) of this	51647
section, a health care provider or medical records company that	51648
receives a request for a copy of a patient's medical record shall	51649
charge not more than the amounts set forth in this section.	51650

(1) If the request is made by the patient or the patient's	51651
personal representative, total costs for copies and all services	51652
related to those copies shall not exceed the sum of the following:	51653

(a) Except as provided in division (B)(1)(b) of this section,	51654
with respect to data recorded on paper or electronically, the	51655
following amounts adjusted in accordance with section 3701.742 of	51656
the Revised Code:	51657

(i) Two dollars and seventy-four cents per page for the first	51658
ten pages;	51659

(ii) Fifty-seven cents per page for pages eleven through	51660
fifty;	51661

(iii) Twenty-three cents per page for pages fifty-one and	51662
higher;	51663

(b) With respect to data resulting from an x-ray, magnetic	51664
resonance imaging (MRI), or computed axial tomography (CAT) scan	51665
and recorded on paper or film, one dollar and eighty-seven cents	51666
per page;	51667

(c) The actual cost of any related postage incurred by the	51668
health care provider or medical records company.	51669

(2) If the request is made other than by the patient or the	51670
patient's personal representative, total costs for copies and all	51671
services related to those copies shall not exceed the sum of the	51672
following:	51673

(a) An initial fee of sixteen dollars and eighty-four cents	51674
adjusted in accordance with section 3701.742 of the Revised Code,	51675
which shall compensate for the records search;	51676

(b) Except as provided in division (B)(2)(c) of this section,	51677
with respect to data recorded on paper or electronically, the	51678
following amounts adjusted in accordance with section 3701.742 of	51679
the Revised Code:	51680

(i) One dollar and eleven cents per page for the first ten	51681
pages;	51682

(ii) Fifty-seven cents per page for pages eleven through	51683
fifty;	51684

(iii) Twenty-three cents per page for pages fifty-one and	51685
higher.	51686

(c) With respect to data resulting from an x-ray, magnetic	51687
resonance imaging (MRI), or computed axial tomography (CAT) scan	51688
and recorded on paper or film, one dollar and eighty-seven cents	51689
per page;	51690

(d) The actual cost of any related postage incurred by the	51691
health care provider or medical records company.	51692

(C)(1) On request, a health care provider or medical records	51693
company shall provide one copy of the patient's medical record and	51694
one copy of any records regarding treatment performed subsequent	51695
to the original request, not including copies of records already	51696
provided, without charge to the following:	51697

(a) The bureau of workers' compensation, in accordance with	51698
Chapters 4121. and 4123. of the Revised Code and the rules adopted	51699
under those chapters;	51700

(b) The industrial commission, in accordance with Chapters	51701
4121. and 4123. of the Revised Code and the rules adopted under	51702
those chapters;	51703

(c) The department of ~~job and family services~~medicaid or a	51704
county department of job and family services, in accordance with	51705
Chapters ~~5101.~~5160., 5161., 5162., 5163., 5164., 5165., 5166.,	51706
and ~~5111.~~5167. of the Revised Code and the rules adopted under	51707
those chapters;	51708

(d) The attorney general, in accordance with sections 2743.51	51709
to 2743.72 of the Revised Code and any rules that may be adopted	51710
under those sections;	51711

(e) A patient, patient's personal representative, or	51712
authorized person if the medical record is necessary to support a	51713
claim under Title II or Title XVI of the "Social Security Act," 49	51714
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the	51715
request is accompanied by documentation that a claim has been	51716
filed.	51717

(2) Nothing in division (C)(1) of this section requires a	51718
health care provider or medical records company to provide a copy	51719
without charge to any person or entity not listed in division	51720
(C)(1) of this section.	51721

(D) Division (C) of this section shall not be construed to	51722
supersede any rule of the bureau of workers' compensation, the	51723
industrial commission, or the department of ~~job and family~~	51724
~~services~~medicaid.	51725

(E) A health care provider or medical records company may	51726
enter into a contract with either of the following for the copying	51727
of medical records at a fee other than as provided in division (B)	51728
of this section:	51729

(1) A patient, a patient's personal representative, or an	51730
authorized person;	51731

(2) An insurer authorized under Title XXXIX of the Revised	51732
Code to do the business of sickness and accident insurance in this	51733
state or health insuring corporations holding a certificate of	51734
authority under Chapter 1751. of the Revised Code.	51735

(F) This section does not apply to medical records the	51736
copying of which is covered by section 173.20 of the Revised Code	51737
or by 42 C.F.R. 483.10.	51738

Sec. 3701.742. ~~Not later than January 31, 2006, the~~The	51739
amounts specified in division (B) of section 3701.741 of the	51740
Revised Code and~~, not later than the first day of January of each~~	51741
~~year thereafter,~~shall be adjusted annually in accordance with	51742
this section. These amounts plus any amounts previously computed	51743
by annual adjustments made under this section, shall be increased	51744
or decreased by the average percentage of increase or decrease in	51745
the consumer price index for all urban consumers (United States	51746
city average, all items), prepared by the United States department	51747
of labor, bureau of labor statistics, for the	51748
~~twelve-calendar-month period prior to the~~ immediately preceding	51749
~~first day of January~~calendar year over the calendar year	51750
immediately preceding ~~twelve-calendar-month period~~that year, as	51751
reported by the bureau. The director of health shall make this	51752
determination and adjust the amounts accordingly. The director	51753
shall ~~provide a list of the adjusted amounts to any party upon~~	51754
~~request and the department of health shall~~ make ~~the~~a list of the	51755
adjusted amounts available to the public on ~~its~~the internet web	51756
site maintained by the department of health.	51757

Sec. 3701.78. (A) There is hereby created the commission on	51758
minority health, consisting of twenty-one members. The governor	51759
shall appoint to the commission nine members from among health	51760
researchers, health planners, and health professionals. The	51761
governor also shall appoint two members who are representatives of	51762
the lupus awareness and education program. The speaker of the	51763
house of representatives shall appoint to the commission two	51764
members of the house of representatives, not more than one of whom	51765
is a member of the same political party, and the president of the	51766
senate shall appoint to the commission two members of the senate,	51767
not more than one of whom is a member of the same political party.	51768
The following shall be members of the commission: the directors of	51769
health, ~~mental health~~mental health and addiction services,	51770
developmental disabilities, ~~alcohol and drug addiction services,~~	51771
and job and family services, or their designees,; the medicaid	51772
director, or the director's designee; and the superintendent of	51773
public instruction, or the superintendent's designee~~, shall be~~	51774
~~members of the commission~~. ~~The~~	51775

The commission shall elect a chairperson from among its	51776
members. Of	51777

Of the members appointed by the governor, five shall be	51778
appointed to initial terms of one year, and four shall be	51779
appointed to initial terms of two years. Thereafter, all members	51780
appointed by the governor shall be appointed to terms of two	51781
years. All members of the commission appointed by the speaker of	51782
the house of representatives or the president of the senate shall	51783
be nonvoting members of the commission and be appointed within	51784
thirty days after the commencement of the first regular session of	51785
each general assembly, and shall serve until the expiration of the	51786
session of the general assembly during which they were appointed.	51787
~~Members~~	51788

Members of the commission shall serve without compensation,	51789
but shall be reimbursed for the actual and necessary expenses they	51790
incur in the performance of their official duties.	51791

(B) The commission shall promote health and the prevention of	51792
disease among members of minority groups. Each year the commission	51793
shall distribute grants from available funds to community-based	51794
health groups to be used to promote health and the prevention of	51795
disease among members of minority groups. As used in this	51796
division, "minority group" means any of the following economically	51797
disadvantaged groups: Blacks, American Indians, Hispanics, and	51798
Orientals. The commission shall adopt and maintain rules pursuant	51799
to Chapter 119. of the Revised Code to provide for the	51800
distribution of these grants. No group shall qualify to receive a	51801
grant from the commission unless it receives at least twenty per	51802
cent of its funds from sources other than grants distributed under	51803
this section.	51804

(C) The commission may appoint such employees as it considers	51805
necessary to carry out its duties under this section. The	51806
department of health shall provide office space for the	51807
commission.	51808

(D) The commission shall meet at the call of its chairperson	51809
to conduct its official business. A majority of the voting members	51810
of the commission constitute a quorum. The votes of at least eight	51811
voting members of the commission are necessary for the commission	51812
to take any official action or to approve the distribution of	51813
grants under this section.	51814

Sec. 3701.83. (A) There is hereby created in the state	51815
treasury the general operations fund. Moneys in the fund shall be	51816
used for the purposes specified in sections 3701.04, 3701.344,	51817
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	51818
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	51819
3749.04, 3749.07, 4747.04, ~~4751.04,~~ and 4769.09 of the Revised	51820
Code.	51821

(B) The alcohol testing program fund is hereby created in the	51822
state treasury. The director of health shall use the fund to	51823
administer and enforce the alcohol testing and permit program	51824
authorized by section 3701.143 of the Revised Code.	51825

The fund shall receive transfers from the liquor control fund	51826
created under section 4301.12 of the Revised Code. All investment	51827
earnings of the alcohol testing program fund shall be credited to	51828
the fund.	51829

Sec. 3701.881. (A) As used in this section:

51830

(1) "Applicant" means a person who is under final	51831
consideration for employment with a home health agency in a	51832
full-time, part-time, or temporary position that involves	51833
providing direct care to an individual or is referred to a home	51834
health agency by an employment service for such a position.	51835

(2) "Community-based long-term care ~~agency~~provider" ~~has the~~	51836
~~same meaning~~means a provider as defined in section 173.39 of the	51837
Revised Code.	51838

(3) "Community-based long-term care subcontractor" means a	51839
subcontractor as defined in section 173.38 of the Revised Code.	51840

(4) "Criminal records check" has the same meaning as in	51841
section 109.572 of the Revised Code.	51842

~~(4)~~(5) "Direct care" means any of the following:

51843

(a) Any service identified in divisions (A)~~(7)~~(8)(a) to (f)	51844
of this section that is provided in a patient's place of residence	51845
used as the patient's home;	51846

(b) Any activity that requires the person performing the	51847
activity to be routinely alone with a patient or to routinely have	51848
access to a patient's personal property or financial documents	51849
regarding a patient;	51850

(c) For each home health agency individually, any other	51851
routine service or activity that the chief administrator of the	51852
home health agency designates as direct care.	51853

~~(5)~~(6) "Disqualifying offense" means any of the offenses	51854
listed or described in divisions (A)(3)(a) to (e) of section	51855
109.572 of the Revised Code.	51856

~~(6)~~(7) "Employee" means a person employed by a home health	51857
agency in a full-time, part-time, or temporary position that	51858
involves providing direct care to an individual and a person who	51859
works in such a position due to being referred to a home health	51860
agency by an employment service.	51861

~~(7)~~(8) "Home health agency" means a person or government	51862
entity, other than a nursing home, residential care facility,	51863
hospice care program, or pediatric respite care program, that has	51864
the primary function of providing any of the following services to	51865
a patient at a place of residence used as the patient's home:	51866

(a) Skilled nursing care;

51867

(b) Physical therapy;

51868

51869

(d) Occupational therapy;

51870

(e) Medical social services;

51871

(f) Home health aide services.

51872

~~(8)~~(9) "Home health aide services" means any of the following	51873
services provided by an employee of a home health agency:	51874

(a) Hands-on bathing or assistance with a tub bath or shower;

51875

(b) Assistance with dressing, ambulation, and toileting;

51876

51877

(d) Meal preparation and feeding.

51878

~~(9)~~(10) "Hospice care program" and "pediatric respite care	51879
program" have the same meanings as in section 3712.01 of the	51880
Revised Code.	51881

~~(10)~~(11) "Medical social services" means services provided by	51882
a social worker under the direction of a patient's attending	51883
physician.	51884

~~(11)~~(12) "Minor drug possession offense" has the same meaning	51885
as in section 2925.01 of the Revised Code.	51886

~~(12)~~(13) "Nursing home," "residential care facility," and	51887
"skilled nursing care" have the same meanings as in section	51888
3721.01 of the Revised Code.	51889

~~(13)~~(14) "Occupational therapy" has the same meaning as in	51890
section 4755.04 of the Revised Code.	51891

~~(14)~~(15) "Physical therapy" has the same meaning as in	51892
section 4755.40 of the Revised Code.	51893

~~(15)~~(16) "Social worker" means a person licensed under	51894
Chapter 4757. of the Revised Code to practice as a social worker	51895
or independent social worker.	51896

~~(16)~~(17) "Speech-language pathology" has the same meaning as	51897
in section 4753.01 of the Revised Code.	51898

~~(17)~~(18) "Waiver agency" has the same meaning as in section	51899
~~5111.033~~5164.342 of the Revised Code.	51900

(B) No home health agency shall employ an applicant or	51901
continue to employ an employee in a position that involves	51902
providing direct care to an individual if any of the following	51903
apply:	51904

(1) A review of the databases listed in division (D) of this	51905
section reveals any of the following:	51906

(a) That the applicant or employee is included in one or more	51907
of the databases listed in divisions (D)(1) to (5) of this	51908
section;	51909

(b) That there is in the state nurse aide registry	51910
established under section 3721.32 of the Revised Code a statement	51911
detailing findings by the director of health that the applicant or	51912
employee neglected or abused a long-term care facility or	51913
residential care facility resident or misappropriated property of	51914
such a resident;	51915

(c) That the applicant or employee is included in one or more	51916
of the databases, if any, specified in rules adopted under this	51917
section and the rules prohibit the home health agency from	51918
employing an applicant or continuing to employ an employee	51919
included in such a database in a position that involves providing	51920
direct care to an individual.	51921

(2) After the applicant or employee is provided, pursuant to	51922
division (E)(2)(a) of this section, a copy of the form prescribed	51923
pursuant to division (C)(1) of section 109.572 of the Revised Code	51924
and the standard impression sheet prescribed pursuant to division	51925
(C)(2) of that section, the applicant or employee fails to	51926
complete the form or provide the applicant's or employee's	51927
fingerprint impressions on the standard impression sheet.	51928

(3) Except as provided in rules adopted under this section,	51929
the applicant or employee is found by a criminal records check	51930
required by this section to have been convicted of, pleaded guilty	51931
to, or been found eligible for intervention in lieu of conviction	51932
for a disqualifying offense.	51933

(C) Except as provided by division (F) of this section, the	51934
chief administrator of a home health agency shall inform each	51935
applicant of both of the following at the time of the applicant's	51936
initial application for employment or referral to the home health	51937
agency by an employment service for a position that involves	51938
providing direct care to an individual:	51939

(1) That a review of the databases listed in division (D) of	51940
this section will be conducted to determine whether the home	51941
health agency is prohibited by division (B)(1) of this section	51942
from employing the applicant in the position;	51943

(2) That, unless the database review reveals that the	51944
applicant may not be employed in the position, a criminal records	51945
check of the applicant will be conducted and the applicant is	51946
required to provide a set of the applicant's fingerprint	51947
impressions as part of the criminal records check.	51948

(D) As a condition of employing any applicant in a position	51949
that involves providing direct care to an individual, the chief	51950
administrator of a home health agency shall conduct a database	51951
review of the applicant in accordance with rules adopted under	51952
this section. If rules adopted under this section so require, the	51953
chief administrator of a home health agency shall conduct a	51954
database review of an employee in accordance with the rules as a	51955
condition of continuing to employ the employee in a position that	51956
involves providing direct care to an individual. However, the	51957
chief administrator is not required to conduct a database review	51958
of an applicant or employee if division (F) of this section	51959
applies. A database review shall determine whether the applicant	51960
or employee is included in any of the following:	51961

(1) The excluded parties list system that is maintained by	51962
the United States general services administration pursuant to	51963
subpart 9.4 of the federal acquisition regulation and available at	51964
the federal web site known as the system for award management;	51965

(2) The list of excluded individuals and entities maintained	51966
by the office of inspector general in the United States department	51967
of health and human services pursuant to ~~section 1128 of~~ the	51968
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	51969
1156, 42 U.S.C. 1320a-7~~, as amended, and section 1156 of the~~	51970
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~and 1320c-5,	51971
~~as amended~~;	51972

(3) The registry of MR/DD employees established under section	51973
5123.52 of the Revised Code;	51974

(4) The internet-based sex offender and child-victim offender	51975
database established under division (A)(11) of section 2950.13 of	51976
the Revised Code;	51977

(5) The internet-based database of inmates established under	51978
section 5120.66 of the Revised Code;	51979

(6) The state nurse aide registry established under section	51980
3721.32 of the Revised Code;	51981

(7) Any other database, if any, specified in rules adopted	51982
under this section.	51983

(E)(1) As a condition of employing any applicant in a	51984
position that involves providing direct care to an individual, the	51985
chief administrator of a home health agency shall request the	51986
superintendent of the bureau of criminal identification and	51987
investigation to conduct a criminal records check of the	51988
applicant. If rules adopted under this section so require, the	51989
chief administrator of a home health agency shall request the	51990
superintendent to conduct a criminal records check of an employee	51991
at times specified in the rules as a condition of continuing to	51992
employ the employee in a position that involves providing direct	51993
care to an individual. However, the chief administrator is not	51994
required to request the criminal records check of the applicant or	51995
the employee if division (F) of this section applies or the home	51996
health agency is prohibited by division (B)(1) of this section	51997
from employing the applicant or continuing to employ the employee	51998
in a position that involves providing direct care to an	51999
individual. If an applicant or employee for whom a criminal	52000
records check request is required by this section does not present	52001
proof of having been a resident of this state for the five-year	52002
period immediately prior to the date upon which the criminal	52003
records check is requested or does not provide evidence that	52004
within that five-year period the superintendent has requested	52005
information about the applicant from the federal bureau of	52006
investigation in a criminal records check, the chief administrator	52007
shall request that the superintendent obtain information from the	52008
federal bureau of investigation as a part of the criminal records	52009
check. Even if an applicant or employee for whom a criminal	52010
records check request is required by this section presents proof	52011
that the applicant or employee has been a resident of this state	52012
for that five-year period, the chief administrator may request	52013
that the superintendent include information from the federal	52014
bureau of investigation in the criminal records check.	52015

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

52016

(a) Provide to each applicant and employee for whom a	52017
criminal records check request is required by this section a copy	52018
of the form prescribed pursuant to division (C)(1) of section	52019
109.572 of the Revised Code and a standard impression sheet	52020
prescribed pursuant to division (C)(2) of that section;	52021

(b) Obtain the completed form and standard impression sheet	52022
from each applicant and employee;	52023

(c) Forward the completed form and standard impression sheet	52024
to the superintendent at the time the chief administrator requests	52025
the criminal records check.	52026

(3) A home health agency shall pay to the bureau of criminal	52027
identification and investigation the fee prescribed pursuant to	52028
division (C)(3) of section 109.572 of the Revised Code for each	52029
criminal records check the agency requests under this section. A	52030
home health agency may charge an applicant a fee not exceeding the	52031
amount the agency pays to the bureau under this section if both of	52032
the following apply:	52033

(a) The home health agency notifies the applicant at the time	52034
of initial application for employment of the amount of the fee and	52035
that, unless the fee is paid, the applicant will not be considered	52036
for employment.	52037

(b) The medicaid program ~~established under Chapter 5111. of~~	52038
~~the Revised Code~~ does not reimburse the home health agency for the	52039
fee it pays to the bureau under this section.	52040

(F) Divisions (C) to (E) of this section do not apply with	52041
regard to an applicant or employee if the applicant or employee is	52042
referred to a home health agency by an employment service that	52043
supplies full-time, part-time, or temporary staff for positions	52044
that involve providing direct care to an individual and both of	52045
the following apply:	52046

(1) The chief administrator of the home health agency	52047
receives from the employment service confirmation that a review of	52048
the databases listed in division (D) of this section was conducted	52049
with regard to the applicant or employee.	52050

(2) The chief administrator of the home health agency	52051
receives from the employment service, applicant, or employee a	52052
report of the results of a criminal records check of the applicant	52053
or employee that has been conducted by the superintendent within	52054
the one-year period immediately preceding the following:	52055

(a) In the case of an applicant, the date of the applicant's	52056
referral by the employment service to the home health agency;	52057

(b) In the case of an employee, the date by which the home	52058
health agency would otherwise have to request a criminal records	52059
check of the employee under division (E) of this section.	52060

(G)(1) A home health agency may employ conditionally an	52061
applicant for whom a criminal records check request is required by	52062
this section before obtaining the results of the criminal records	52063
check if the agency is not prohibited by division (B) of this	52064
section from employing the applicant in a position that involves	52065
providing direct care to an individual and either of the following	52066
applies:	52067

(a) The chief administrator of the home health agency	52068
requests the criminal records check in accordance with division	52069
(E) of this section not later than five business days after the	52070
applicant begins conditional employment.	52071

(b) The applicant is referred to the home health agency by an	52072
employment service, the employment service or the applicant	52073
provides the chief administrator of the agency a letter that is on	52074
the letterhead of the employment service, the letter is dated and	52075
signed by a supervisor or another designated official of the	52076
employment service, and the letter states all of the following:	52077

(i) That the employment service has requested the	52078
superintendent to conduct a criminal records check regarding the	52079
applicant;	52080

(ii) That the requested criminal records check is to include	52081
a determination of whether the applicant has been convicted of,	52082
pleaded guilty to, or been found eligible for intervention in lieu	52083
of conviction for a disqualifying offense;	52084

(iii) That the employment service has not received the	52085
results of the criminal records check as of the date set forth on	52086
the letter;	52087

(iv) That the employment service promptly will send a copy of	52088
the results of the criminal records check to the chief	52089
administrator of the home health agency when the employment	52090
service receives the results.	52091

(2) If a home health agency employs an applicant	52092
conditionally pursuant to division (G)(1)(b) of this section, the	52093
employment service, on its receipt of the results of the criminal	52094
records check, promptly shall send a copy of the results to the	52095
chief administrator of the agency.	52096

(3) A home health agency that employs an applicant	52097
conditionally pursuant to division (G)(1)(a) or (b) of this	52098
section shall terminate the applicant's employment if the results	52099
of the criminal records check, other than the results of any	52100
request for information from the federal bureau of investigation,	52101
are not obtained within the period ending sixty days after the	52102
date the request for the criminal records check is made.	52103
Regardless of when the results of the criminal records check are	52104
obtained, if the results indicate that the applicant has been	52105
convicted of, pleaded guilty to, or been found eligible for	52106
intervention in lieu of conviction for a disqualifying offense,	52107
the home health agency shall terminate the applicant's employment	52108
unless circumstances specified in rules adopted under this section	52109
that permit the agency to employ the applicant exist and the	52110
agency chooses to employ the applicant. Termination of employment	52111
under this division shall be considered just cause for discharge	52112
for purposes of division (D)(2) of section 4141.29 of the Revised	52113
Code if the applicant makes any attempt to deceive the home health	52114
agency about the applicant's criminal record.	52115

(H) The report of any criminal records check conducted by the	52116
bureau of criminal identification and investigation in accordance	52117
with section 109.572 of the Revised Code and pursuant to a request	52118
made under this section is not a public record for the purposes of	52119
section 149.43 of the Revised Code and shall not be made available	52120
to any person other than the following:	52121

(1) The applicant or employee who is the subject of the	52122
criminal records check or the applicant's or employee's	52123
representative;	52124

(2) The home health agency requesting the criminal records	52125
check or its representative;	52126

(3) The administrator of any other facility, agency, or	52127
program that provides direct care to individuals that is owned or	52128
operated by the same entity that owns or operates the home health	52129
agency that requested the criminal records check;	52130

(4) The employment service that requested the criminal	52131
records check;	52132

(5) The director of health and the staff of the department of	52133
health who monitor a home health agency's compliance with this	52134
section;	52135

(6) The director of aging or the director's designee if	52136
either of the following apply:	52137

(a) In the case of a criminal records check requested by a	52138
home health agency, the home health agency also is a	52139
community-based long-term care ~~agency~~provider or community-based	52140
long-term care subcontractor;	52141

(b) In the case of a criminal records check requested by an	52142
employment service, the employment service makes the request for	52143
an applicant or employee the employment service refers to a home	52144
health agency that also is a community-based long-term care	52145
~~agency~~provider or community-based long-term care subcontractor.	52146

(7) The medicaid director ~~of job and family services~~ and the	52147
staff of the department of ~~job and family services~~medicaid who	52148
are involved in the administration of the medicaid program if	52149
either of the following apply:	52150

(a) In the case of a criminal records check requested by a	52151
home health agency, the home health agency also is a waiver	52152
agency;	52153

(b) In the case of a criminal records check requested by an	52154
employment service, the employment service makes the request for	52155
an applicant or employee the employment service refers to a home	52156
health agency that also is a waiver agency.	52157

(8) Any court, hearing officer, or other necessary individual	52158
involved in a case dealing with any of the following:	52159

(a) A denial of employment of the applicant or employee;

52160

(b) Employment or unemployment benefits of the applicant or	52161
employee;	52162

(c) A civil or criminal action regarding the medicaid	52163
program.	52164

(I) In a tort or other civil action for damages that is	52165
brought as the result of an injury, death, or loss to person or	52166
property caused by an applicant or employee who a home health	52167
agency employs in a position that involves providing direct care	52168
to an individual, all of the following shall apply:	52169

(1) If the home health agency employed the applicant or	52170
employee in good faith and reasonable reliance on the report of a	52171
criminal records check requested under this section, the agency	52172
shall not be found negligent solely because of its reliance on the	52173
report, even if the information in the report is determined later	52174
to have been incomplete or inaccurate.	52175

(2) If the home health agency employed the applicant in good	52176
faith on a conditional basis pursuant to division (G) of this	52177
section, the agency shall not be found negligent solely because it	52178
employed the applicant prior to receiving the report of a criminal	52179
records check requested under this section.	52180

(3) If the home health agency in good faith employed the	52181
applicant or employee according to the personal character	52182
standards established in rules adopted under this section, the	52183
agency shall not be found negligent solely because the applicant	52184
or employee had been convicted of, pleaded guilty to, or been	52185
found eligible for intervention in lieu of conviction for a	52186
disqualifying offense.	52187

(J) The director of health shall adopt rules in accordance	52188
with Chapter 119. of the Revised Code to implement this section.	52189

(1) The rules may do the following:

52190

(a) Require employees to undergo database reviews and	52191
criminal records checks under this section;	52192

(b) If the rules require employees to undergo database	52193
reviews and criminal records checks under this section, exempt one	52194
or more classes of employees from the requirements;	52195

(c) For the purpose of division (D)(7) of this section,	52196
specify other databases that are to be checked as part of a	52197
database review conducted under this section.	52198

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

52199

(a) The procedures for conducting database reviews under this	52200
section;	52201

(b) If the rules require employees to undergo database	52202
reviews and criminal records checks under this section, the times	52203
at which the database reviews and criminal records checks are to	52204
be conducted;	52205

(c) If the rules specify other databases to be checked as	52206
part of the database reviews, the circumstances under which a home	52207
health agency is prohibited from employing an applicant or	52208
continuing to employ an employee who is found by a database review	52209
to be included in one or more of those databases;	52210

(d) Circumstances under which a home health agency may employ	52211
an applicant or employee who is found by a criminal records check	52212
required by this section to have been convicted of, pleaded guilty	52213
to, or been found eligible for intervention in lieu of conviction	52214
for a disqualifying offense but meets personal character	52215
standards.	52216

Sec. 3701.921. There is hereby established the patient	52217
centered medical home education program in the department of	52218
health. For the purpose of advancing education in the patient	52219
centered medical home model of care, the director of health may	52220
implement and administer the program pursuant to sections 3701.922	52221
to 3701.929 of the Revised Code. The patient centered medical home	52222
model of care is an enhanced model of primary care in which care	52223
teams attend to the multifaceted needs of patients, providing	52224
whole person comprehensive and coordinate patient centered care.	52225

To the extent that funds are available, the program shall	52226
include the patient centered medical home education pilot project	52227
and may include any other ~~pilot~~ projects the director establishes	52228
pursuant to division (A)(3) of section 3701.922 of the Revised	52229
Code.	52230

Sec. 3701.922. (A) The director of health may do any of the	52231
following to implement and administer the patient centered medical	52232
home education program:	52233

(1) Develop and implement programs of education or training	52234
on the patient centered medical home model of care or other	52235
similar enhanced models of coordinated patient centered care that	52236
are intended to address the multifaceted needs of patients and	52237
provide whole person comprehensive and coordinated patient	52238
centered care;	52239

(2) Advise, consult, cooperate with, and assist, by contract	52240
or other arrangement, government agencies or institutions or	52241
private organizations, corporations, or associations in the	52242
development and promotion of programs pertaining to the evaluation	52243
and implementation of the patient centered medical home model of	52244
care or other similar enhanced models of coordinated patient	52245
centered care;	52246

(3) Establish ~~pilot~~ projects that ~~do any of the following:~~

52247

~~(a) Evaluate or implement the patient centered medical home~~	52248
~~model of care or other similar enhanced models of coordinated~~	52249
~~patient centered care;~~	52250

~~(b) Provide~~provide education or training on the patient	52251
centered medical home model of care or other similar enhanced	52252
models of coordinated patient centered care.	52253

(4) Seek and administer state funds or grants from other	52254
sources to carry out any functions of the patient centered medical	52255
home education program.	52256

Any funds or grants received by the director for purposes of	52257
the program shall be used for the program.	52258

(B) The director may adopt rules as necessary to implement	52259
and administer the patient centered medical home education	52260
program, including rules that define what constitutes a "patient	52261
centered medical home" for purposes of an entity authorized to	52262
provide care coordination services. The rules shall be adopted in	52263
accordance with Chapter 119. of the Revised Code.	52264

Sec. 3701.94. There is hereby established the patient	52265
centered medical home program in the department of health. The	52266
patient centered medical home model of care is an advanced model	52267
of primary care in which care teams attend to the multifaceted	52268
needs of patients, providing whole person comprehensive and	52269
coordinated patient centered care.	52270

Sec. 3701.941. (A) As part of the patient centered medical	52271
home program established under section 3701.94 of the Revised	52272
Code, the department of health shall establish a voluntary patient	52273
centered medical home certification program.	52274

(B) Each primary care practice, that seeks a patient centered	52275
medical home certificate shall submit an application on a form	52276
prepared by the department. The department may require an	52277
application fee and annual renewal fee as determined by the	52278
department. If the department establishes a fee under this	52279
section, the fee shall be in an amount that is sufficient to cover	52280
the cost of any on-site evaluations conducted by the department or	52281
an entity under contract with the department pursuant to section	52282
3701.942 of the Revised Code.	52283

(C) A practice certified under this section shall do all of	52284
the following:	52285

(1) Meet any standards developed by national independent	52286
accrediting and medical home organizations, as determined by the	52287
department;	52288

(2) Develop a systematic follow-up procedure for patients,	52289
including the use of health information technology and patient	52290
registries;	52291

(3) Implement and maintain health information technology that	52292
meets the requirements of 42 U.S.C. 300jj;	52293

(4) Comply with the reporting requirements of section	52294
3701.942 of the Revised Code;	52295

(5) Meet any process, outcome, and quality standards	52296
specified by the department of health;	52297

(6) Meet any other requirements established by the	52298
department.	52299

(D) The department shall seek to do all of the following	52300
through the certification of patient centered medical homes:	52301

(1) Expand, enhance, and encourage the use of primary care	52302
providers, including primary care physicians, advanced practice	52303
registered nurses, and physician assistants, as personal	52304
clinicians;	52305

(2) Develop a focus on delivering high-quality, efficient,	52306
and effective health care services;	52307

(3) Encourage patient centered care and the provision of care	52308
that is appropriate for a patient's race, ethnicity, and language;	52309

(4) Encourage the education and active participation of	52310
patients and patients' families or legal guardians, as	52311
appropriate, in decision making and care plan development;	52312

(5) Provide patients with consistent, ongoing contact with a	52313
personal clinician or team of clinical professionals to ensure	52314
continuous and appropriate care;	52315

(6) Ensure that patient centered medical homes develop and	52316
maintain appropriate comprehensive care plans for patients with	52317
complex or chronic conditions, including an assessment of health	52318
risks and chronic conditions;	52319

(7) Ensure that patient centered medical homes plan for	52320
transition of care from youth to adult to senior;	52321

(8) Enable and encourage use of a range of qualified health	52322
care professionals, including dedicated care coordinators, in a	52323
manner that enables those professionals to practice to the fullest	52324
extent of their professional licenses.	52325

Sec. 3701.942. (A) Each certified patient centered medical	52326
home shall report health care quality and performance information	52327
to the department of health, including any data necessary for	52328
monitoring compliance with certification standards and for	52329
evaluating the impact of patient centered medical homes on health	52330
care quality, cost, and outcomes.	52331

(B) The department may contract with a private entity to	52332
evaluate the effectiveness of certified patient centered medical	52333
homes. The department may provide the entity with data collected	52334
under division (A) of this section.	52335

(C) The department may contract with national independent	52336
accrediting and medical home organizations to provide on-site	52337
evaluation of primary care practices and verification of data	52338
collected under division (A) of this section.	52339

(D) Data collected under this section is not a public record	52340
under section 149.43 of the Revised Code.	52341

Sec. 3701.943. (A) The department of health shall submit a	52342
report to the governor and, in accordance with section 101.68 of	52343
the Revised Code, the general assembly, evaluating the patient	52344
centered medical home program not later than three years after	52345
rules adopted pursuant to section 3701.944 of the Revised Code	52346
first become effective. The department shall submit a second	52347
report not later than five years after those rules first become	52348
effective.	52349

(B) The reports submitted under division (A) of this section	52350
shall include all of the following:	52351

(1) The number of patients receiving primary care services	52352
from certified patient centered medical homes and the number and	52353
characteristics of those patients with complex or chronic	52354
conditions. To the extent available, information regarding the	52355
income, race, ethnicity, and language of patients shall be	52356
included in the reports;	52357

(2) The number and geographic distribution of certified	52358
patient centered medical homes;	52359

(3) Performance of and quality of care measures implemented	52360
by certified patient centered medical homes;	52361

(4) Preventive care measures implemented by certified patient	52362
centered medical homes;	52363

(5) Payment arrangements of certified patient centered	52364
medical homes;	52365

(6) Costs related to implementation of the patient centered	52366
medical home program and payment of care coordination fees;	52367

(7) The estimated effect of certified patient centered	52368
medical homes on health disparities;	52369

(8) The estimated savings from establishing the patient	52370
centered medical home program, as those savings apply to the fee	52371
for service, managed care, and state-based purchasing sectors.	52372

Sec. 3701.944. The department of health shall adopt rules in	52373
accordance with Chapter 119. of the Revised Code to do all of the	52374
following:	52375

(A) Considering the goals set forth in section 3701.941 of	52376
the Revised Code, establish standards and procedures for	52377
certifying a primary care practice as a patient centered medical	52378
home;	52379

(B) Specify the types of medical practices that constitute	52380
primary care practices for the purpose of certifying patient	52381
centered medical homes;	52382

(C) Specify the health care quality and performance	52383
information that certified patient centered medical homes must	52384
report to the department pursuant to section 3701.942 of the	52385
Revised Code.	52386

Sec. 3701.95. (A) As used in this section, "direct care	52387
services" and "direct care worker" have the same meanings as in	52388
section 191.061 of the Revised Code.	52389

(B) Not later than October 1, 2014, the director of health	52390
shall establish a direct care worker certification program. The	52391
director may adopt rules in accordance with Chapter 119. of the	52392
Revised Code as necessary to implement the program. The rules may	52393
address standards, procedures, and application fees charged for	52394
certification.	52395

(C) For purposes of the program, the director shall do both	52396
of the following:	52397

(1) Specify the minimum standards that must be met by a	52398
direct care worker to attain certification, which may include	52399
standards pertaining to education, experience, and continuing	52400
education requirements, as well as standards for compliance with	52401
administrative requirements.	52402

(2) Specify a procedure for determining whether a direct care	52403
worker satisfies the standards specified under division (C)(1) of	52404
this section.	52405

Sec. 3701.99. (A) Whoever violates division (C) of section	52406
3701.23, division (C) of section 3701.232, division (C) of section	52407
3701.24, division (B) of section 3701.25, division ~~(I)~~(D)(2) of	52408
section 3701.262, ~~division (D) of section 3701.263,~~ or sections	52409
3701.46 to 3701.55 of the Revised Code is guilty of a minor	52410
misdemeanor on a first offense; on each subsequent offense, the	52411
person is guilty of a misdemeanor of the fourth degree.	52412

(B) Whoever violates section 3701.82 of the Revised Code is	52413
guilty of a misdemeanor of the first degree.	52414

(C) Whoever violates section 3701.352 or 3701.81 of the	52415
Revised Code is guilty of a misdemeanor of the second degree.	52416

Sec. 3702.521. (A) Reviews of applications for certificates	52417
of need to recategorize hospital beds to skilled nursing beds	52418
shall be conducted in accordance with this division and rules	52419
adopted by the director of health.	52420

(1) No hospital recategorizing beds shall apply for a	52421
certificate of need for more than twenty skilled nursing beds.	52422

(2) No beds for which a certificate of need is requested	52423
under this division shall be reviewed under or counted in any	52424
formula developed under rules adopted by the director for the	52425
purpose of determining the number of long-term care beds that may	52426
be needed within the state.	52427

(3) No beds shall be approved under this division unless the	52428
hospital certifies and demonstrates in the application that the	52429
beds will be dedicated to patients with a length of stay of no	52430
more than thirty days.	52431

(4) No beds shall be approved under this division unless the	52432
hospital can satisfactorily demonstrate in the application that it	52433
is routinely unable to place the patients planned for the beds in	52434
accessible skilled nursing facilities.	52435

(5) In developing rules to implement this division, the	52436
director shall give special attention to the required	52437
documentation of the need for such beds, including the efforts	52438
made by the hospital to place patients in suitable skilled nursing	52439
facilities, and special attention to the appropriate size of units	52440
with such beds given the historical pattern of the applicant	52441
hospital's documented difficulty in placing skilled nursing	52442
patients.	52443

(B) For assistance in monitoring the use of hospital beds	52444
recategorized as skilled nursing beds after August 5, 1989, the	52445
director shall adopt rules specifying appropriate quarterly	52446
procedures for reporting to the department of health.	52447

(C) A patient may stay in a hospital bed that, after August	52448
5, 1989, has been recategorized as a skilled nursing bed for more	52449
than thirty days if the hospital is able to demonstrate that it	52450
made a good faith effort to place the patient in an accessible	52451
skilled nursing facility acceptable to the patient within the	52452
thirty-day period, but was unable to do so.	52453

(D) No hospital bed recategorized after August 5, 1989, as a	52454
skilled nursing bed shall be covered by a provider agreement under	52455
the ~~medical assistance~~medicaid program ~~established under Chapter~~	52456
~~5111. of the Revised Code~~.	52457

(E) Nothing in this section requires a hospital to place a	52458
patient in any nursing home if the patient does not wish to be	52459
placed in the nursing home. Nothing in this section limits the	52460
ability of a hospital to file a certificate of need application	52461
for the addition of long-term care beds that meet the definition	52462
of "home" in section 3721.01 of the Revised Code. Nothing in this	52463
section limits the ability of the director to grant certificates	52464
of need necessary for hospitals to engage in demonstration	52465
projects authorized by the federal government for the purpose of	52466
enhancing long-term quality of care and cost containment. Nothing	52467
in this section limits the ability of hospitals to develop swing	52468
bed programs in accordance with federal regulations.	52469

No hospital that is granted a certificate of need after	52470
August 5, 1989, to recategorize hospital beds as skilled nursing	52471
beds is subject to sections 3721.01 to 3721.09 of the Revised	52472
Code. If the portion of the hospital in which the recategorized	52473
beds are located is certified as a skilled nursing facility under	52474
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	52475
U.S.C.A. 301, as amended, that portion of the hospital is subject	52476
to sections 3721.10 to 3721.17 and sections 3721.21 to 3721.34 of	52477
the Revised Code. If the beds are registered pursuant to section	52478
3701.07 of the Revised Code as long-term care beds, the beds are	52479
subject to sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the	52480
Revised Code.	52481

Sec. 3702.55. A person that the director of health	52482
determines has violated section 3702.53 of the Revised Code shall	52483
cease conducting the activity that constitutes the violation or	52484
utilizing the facility resulting from the violation not later than	52485
thirty days after the person receives the notice mailed under	52486
section 3702.532 of the Revised Code or, if the person appeals the	52487
director's determination under section 3702.60 of the Revised	52488
Code, thirty days after the person receives an order upholding the	52489
director's determination that is not subject to further appeal.	52490

If any person determined to have violated section 3702.53 of	52491
the Revised Code fails to cease conducting an activity or using a	52492
facility as required by this section or if the person continues to	52493
seek payment or reimbursement for services rendered or costs	52494
incurred in conducting the activity as prohibited by section	52495
3702.56 of the Revised Code, in addition to the penalties imposed	52496
under section 3702.54 or 3702.541 of the Revised Code:	52497

(A) The director of health may refuse to include any beds	52498
involved in the activity in the bed capacity of a hospital for	52499
purposes of registration under section 3701.07 of the Revised	52500
Code;	52501

(B) The director of health may refuse to license, or may	52502
revoke a license or reduce bed capacity previously granted to, a	52503
hospice care program under section 3712.04 of the Revised Code; a	52504
nursing home, residential care facility, or home for the aging	52505
under section 3721.02 of the Revised Code; or any beds within any	52506
of those facilities that are involved in the activity;	52507

(C) A political subdivision certified under section 3721.09	52508
of the Revised Code may refuse to license, or may revoke a license	52509
or reduce bed capacity previously granted to, a nursing home,	52510
residential care facility, or home for the aging, or any beds	52511
within any of those facilities that are involved in the activity;	52512

(D) The director of ~~mental health~~mental health and addiction	52513
services may refuse to license under section ~~5119.20~~5119.33 of	52514
the Revised Code, or may revoke a license or reduce bed capacity	52515
previously granted to, a hospital receiving mentally ill persons	52516
or beds within such a hospital that are involved in the activity;	52517

(E) The department of ~~job and family services~~medicaid may	52518
refuse to enter into a provider agreement that includes a	52519
facility, beds, or services that result from the activity.	52520

Sec. 3702.62. Sections 3702.51 to 3702.61 of the Revised	52521
Code do not apply to any part of a long-term care facility's	52522
campus that is certified as an intermediate care facility for ~~the~~	52523
~~mentally retarded under Title XIX of the "Social Security Act," 79~~	52524
~~Stat. 343 (1965), 42 U.S.C. 1396 et seq., as amended~~individuals	52525
with intellectual disabilities, as defined in section 5124.01 of	52526
the Revised Code.	52527

Sec. 3702.74. (A) A primary care physician who has signed a	52528
letter of intent under section 3702.73 of the Revised Code and the	52529
director of health may enter into a contract for the physician's	52530
participation in the physician loan repayment program. The	52531
physician's employer or other funding source may also be a party	52532
to the contract.	52533

(B) The contract shall include all of the following	52534
obligations:	52535

(1) The primary care physician agrees to provide primary care	52536
services in the health resource shortage area identified in the	52537
letter of intent for at least two years;	52538

(2) When providing primary care services in the health	52539
resource shortage area, the primary care physician agrees to do	52540
all of the following:	52541

(a) Provide primary care services for a minimum of forty	52542
hours per week, of which at least twenty-one hours will be spent	52543
providing patient care in an outpatient or ambulatory setting;	52544

(b) Provide primary care services without regard to a	52545
patient's ability to pay;	52546

(c) Meet the ~~conditions prescribed by the "Social Security~~	52547
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the~~	52548
~~department of job and family services~~requirements for	52549
~~participation in the~~a medicaid ~~program established under Chapter~~	52550
~~5111. of the Revised Code~~provider agreement and enter into a	52551
~~contract~~the agreement with the department of medicaid to provide	52552
primary care services to medicaid recipients ~~of the medical~~	52553
~~assistance program~~.	52554

(3) The department of health agrees, as provided in section	52555
3702.75 of the Revised Code, to repay, so long as the primary care	52556
physician performs the service obligation agreed to under division	52557
(B)(1) of this section, all or part of the principal and interest	52558
of a government or other educational loan taken by the primary	52559
care physician for expenses described in section 3702.75 of the	52560
Revised Code;	52561

(4) The primary care physician agrees to pay the department	52562
of health an amount established by rules adopted under section	52563
3702.79 of the Revised Code if the physician fails to complete the	52564
service obligation agreed to under division (B)(1) of this	52565
section.	52566

(C) The contract may include any other terms agreed upon by	52567
the parties.	52568

Sec. 3702.91. (A) An individual who has signed a letter of	52569
intent under section 3702.90 of the Revised Code may enter into a	52570
contract with the director of health for participation in the	52571
dentist loan repayment program. The dentist's employer or other	52572
funding source may also be a party to the contract.	52573

(B) The contract shall include all of the following	52574
obligations:	52575

(1) The individual agrees to provide dental services in the	52576
dental health resource shortage area identified in the letter of	52577
intent for at least two years.	52578

(2) When providing dental services in the dental health	52579
resource shortage area, the individual agrees to do all of the	52580
following:	52581

(a) Provide dental services for a minimum of forty hours per	52582
week;	52583

(b) Provide dental services without regard to a patient's	52584
ability to pay;	52585

(c) Meet the ~~conditions prescribed by the "Social Security~~	52586
~~Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the~~	52587
~~department of job and family services~~requirements for	52588
~~participation in the~~a medicaid ~~program established under Chapter~~	52589
~~5111. of the Revised Code~~provider agreement and enter into a	52590
~~contract~~the agreement with the department of medicaid to provide	52591
dental services to medicaid recipients.	52592

(3) The department of health agrees, as provided in section	52593
3702.85 of the Revised Code, to repay, so long as the individual	52594
performs the service obligation agreed to under division (B)(1) of	52595
this section, all or part of the principal and interest of a	52596
government or other educational loan taken by the individual for	52597
expenses described in section 3702.85 of the Revised Code.	52598

(4) The individual agrees to pay the department of health an	52599
amount established by rules adopted under section 3702.86 of the	52600
Revised Code, if the individual fails to complete the service	52601
obligation agreed to under division (B)(1) of this section.	52602

(C) The contract may include any other terms agreed upon by	52603
the parties.	52604

(D) Not later than the thirty-first day of January of each	52605
year, the department of health shall mail to each individual to	52606
whom or on whose behalf repayment is made under the dentist loan	52607
repayment program a statement showing the amount of principal and	52608
interest repaid by the department pursuant to the contract in the	52609
preceding year. The statement shall be sent by ordinary mail with	52610
address correction and forwarding requested in the manner	52611
prescribed by the United States postal service.	52612

Sec. 3706.01. As used in this chapter:

52613

(A) "Governmental agency" means a department, division, or	52614
other unit of state government, a municipal corporation, county,	52615
township, and other political subdivision, or any other public	52616
corporation or agency having the power to acquire, construct, or	52617
operate air quality facilities, the United States or any agency	52618
thereof, and any agency, commission, or authority established	52619
pursuant to an interstate compact or agreement.	52620

(B) "Person" means any individual, firm, partnership,	52621
association, or corporation, or any combination thereof.	52622

(C) "Air contaminant" means particulate matter, dust, fumes,	52623
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	52624
odorous substance, or any combination thereof.	52625

(D) "Air pollution" means the presence in the ambient air of	52626
one or more air contaminants in sufficient quantity and of such	52627
characteristics and duration as to injure human health or welfare,	52628
plant or animal life, or property, or that unreasonably interferes	52629
with the comfortable enjoyment of life or property.	52630

(E) "Ambient air" means that portion of the atmosphere	52631
outside of buildings and other enclosures, stacks, or ducts that	52632
surrounds human, plant, or animal life, or property.	52633

(F) "Emission" means the release into the outdoor atmosphere	52634
of an air contaminant.	52635

(G) "Air quality facility" means any of the following:

52636

(1) Any method, modification or replacement of property,	52637
process, device, structure, or equipment that removes, reduces,	52638
prevents, contains, alters, conveys, stores, disperses, or	52639
disposes of air contaminants or substances containing air	52640
contaminants, or that renders less noxious or reduces the	52641
concentration of air contaminants in the ambient air, including,	52642
without limitation, facilities and expenditures that qualify as	52643
air pollution control facilities under section 103 (C)(4)(F) of	52644
the Internal Revenue Code of 1954, as amended, and regulations	52645
adopted thereunder;	52646

(2) Motor vehicle inspection stations operated in accordance	52647
with, and any equipment used for motor vehicle inspections	52648
conducted under, section 3704.14 of the Revised Code and rules	52649
adopted under it;	52650

(3) Ethanol or other biofuel facilities, including any	52651
equipment used at the ethanol or other biofuel facility for the	52652
production of ethanol or other biofuels;	52653

(4) Any property or portion thereof used for the collection,	52654
storage, treatment, utilization, processing, or final disposal of	52655
a by-product or solid waste resulting from any method, process,	52656
device, structure, or equipment that removes, reduces, prevents,	52657
contains, alters, conveys, stores, disperses, or disposes of air	52658
contaminants, or that renders less noxious or reduces the	52659
concentration of air contaminants in the ambient air;	52660

(5) Any property, device, or equipment that promotes the	52661
reduction of emissions of air contaminants into the ambient air	52662
through improvements in the efficiency of energy utilization or	52663
energy conservation;	52664

(6) Any coal research and development project conducted under	52665
Chapter 1555. of the Revised Code;	52666

(7) As determined by the director of the Ohio coal	52667
development office, any property or portion thereof that is used	52668
for the collection, storage, treatment, utilization, processing,	52669
or final disposal of a by-product resulting from a coal research	52670
and development project as defined in section 1555.01 of the	52671
Revised Code or from the use of clean coal technology, excluding	52672
any property or portion thereof that is used primarily for other	52673
subsequent commercial purposes;	52674

(8) Any property or portion thereof that is part of the	52675
FutureGen project of the United States department of energy or	52676
related to the siting of the FutureGen project.;	52677

(9) Any property, device, or equipment that promotes the	52678
reduction of emissions of air contaminants into the ambient air	52679
through the generation of clean, renewable energy with renewable	52680
energy resources or advanced energy resources as defined in	52681
section 3706.25 of the Revised Code.;	52682

(10) Any property, device, structure or equipment necessary	52683
for the manufacture and production of equipment described as an	52684
air quality facility under this chapter;	52685

(11) Any property, device, or equipment related to the	52686
recharging or refueling of vehicles that promotes the reduction of	52687
emissions of air contaminants into the ambient air through the use	52688
of an alternative fuel as defined in section 125.831 of the	52689
Revised Code or the use of a renewable energy resource as defined	52690
in section 3706.25 of the Revised Code.	52691

"Air quality facility" further includes any property or	52692
system to be used in whole or in part for any of the purposes in	52693
divisions (G)(1) to ~~(10)~~(11) of this section, whether another	52694
purpose is also served, and any property or system incidental to	52695
or that has to do with, or the end purpose of which is, any of the	52696
foregoing. Air quality facilities that are defined in this	52697
division for industry, commerce, distribution, or research,	52698
including public utility companies, are hereby determined to be	52699
those that qualify as facilities for the control of air pollution	52700
and thermal pollution related to air under Section 13 of Article	52701
VIII, Ohio Constitution.	52702

(H) "Project" or "air quality project" means any air quality	52703
facility, including undivided or other interests therein, acquired	52704
or to be acquired or constructed or to be constructed by the Ohio	52705
air quality development authority under this chapter, or acquired	52706
or to be acquired or constructed or to be constructed by a	52707
governmental agency or person with all or a part of the cost	52708
thereof being paid from a loan or grant from the authority under	52709
this chapter or otherwise paid from the proceeds of air quality	52710
revenue bonds, including all buildings and facilities that the	52711
authority determines necessary for the operation of the project,	52712
together with all property, rights, easements, and interests that	52713
may be required for the operation of the project.	52714

(I) "Cost" as applied to an air quality project means the	52715
cost of acquisition and construction, the cost of acquisition of	52716
all land, rights-of-way, property rights, easements, franchise	52717
rights, and interests required for such acquisition and	52718
construction, the cost of demolishing or removing any buildings or	52719
structures on land so acquired, including the cost of acquiring	52720
any lands to which such buildings or structures may be moved, the	52721
cost of acquiring or constructing and equipping a principal office	52722
and sub-offices of the authority, the cost of diverting highways,	52723
interchange of highways, and access roads to private property,	52724
including the cost of land or easements for such access roads, the	52725
cost of public utility and common carrier relocation or	52726
duplication, the cost of all machinery, furnishings, and	52727
equipment, financing charges, interest prior to and during	52728
construction and for no more than eighteen months after completion	52729
of construction, engineering, expenses of research and development	52730
with respect to air quality facilities, the cost of any commodity	52731
contract, including fees and expenses related thereto, legal	52732
expenses, plans, specifications, surveys, studies, estimates of	52733
cost and revenues, working capital, other expenses necessary or	52734
incident to determining the feasibility or practicability of	52735
acquiring or constructing such project, administrative expense,	52736
and such other expense as may be necessary or incident to the	52737
acquisition or construction of the project, the financing of such	52738
acquisition or construction, including the amount authorized in	52739
the resolution of the authority providing for the issuance of air	52740
quality revenue bonds to be paid into any special funds from the	52741
proceeds of such bonds, and the financing of the placing of such	52742
project in operation. Any obligation, cost, or expense incurred by	52743
any governmental agency or person for surveys, borings,	52744
preparation of plans and specifications, and other engineering	52745
services, or any other cost described above, in connection with	52746
the acquisition or construction of a project may be regarded as a	52747
part of the cost of that project and may be reimbursed out of the	52748
proceeds of air quality revenue bonds as authorized by this	52749
chapter.	52750

(J) "Owner" includes an individual, copartnership,	52751
association, or corporation having any title or interest in any	52752
property, rights, easements, or interests authorized to be	52753
acquired by this chapter.	52754

(K) "Revenues" means all rentals and other charges received	52755
by the authority for the use or services of any air quality	52756
project, any gift or grant received with respect to any air	52757
quality project, any moneys received with respect to the lease,	52758
sublease, sale, including installment sale or conditional sale, or	52759
other disposition of an air quality project, moneys received in	52760
repayment of and for interest on any loans made by the authority	52761
to a person or governmental agency, whether from the United States	52762
or any department, administration, or agency thereof, or	52763
otherwise, proceeds of such bonds to the extent that use thereof	52764
for payment of principal of, premium, if any, or interest on the	52765
bonds is authorized by the authority, amounts received or	52766
otherwise derived from a commodity contract or from the sale of	52767
the related commodity under such a contract, proceeds from any	52768
insurance, condemnation, or guaranty pertaining to a project or	52769
property mortgaged to secure bonds or pertaining to the financing	52770
of the project, and income and profit from the investment of the	52771
proceeds of air quality revenue bonds or of any revenues.	52772

(L) "Public roads" includes all public highways, roads, and	52773
streets in the state, whether maintained by the state, county,	52774
city, township, or other political subdivision.	52775

(M) "Public utility facilities" includes tracks, pipes,	52776
mains, conduits, cables, wires, towers, poles, and other equipment	52777
and appliances of any public utility.	52778

(N) "Construction," unless the context indicates a different	52779
meaning or intent, includes reconstruction, enlargement,	52780
improvement, or providing furnishings or equipment.	52781

(O) "Air quality revenue bonds," unless the context indicates	52782
a different meaning or intent, includes air quality revenue notes,	52783
air quality revenue renewal notes, and air quality revenue	52784
refunding bonds, except that notes issued in anticipation of the	52785
issuance of bonds shall have a maximum maturity of five years as	52786
provided in section 3706.05 of the Revised Code and notes or	52787
renewal notes issued as the definitive obligation may be issued	52788
maturing at such time or times with a maximum maturity of forty	52789
years from the date of issuance of the original note.	52790

(P) "Solid waste" means any garbage; refuse; sludge from a	52791
waste water treatment plant, water supply treatment plant, or air	52792
pollution control facility; and other discarded material,	52793
including solid, liquid, semisolid, or contained gaseous material	52794
resulting from industrial, commercial, mining, and agricultural	52795
operations, and from community activities, but not including solid	52796
or dissolved material in domestic sewage, or solid or dissolved	52797
material in irrigation return flows or industrial discharges that	52798
are point sources subject to permits under section 402 of the	52799
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	52800
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	52801
byproduct material as defined by the "Atomic Energy Act of 1954,"	52802
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	52803

(Q) "Sludge" means any solid, semisolid, or liquid waste,	52804
other than a recyclable by-product, generated from a municipal,	52805
commercial, or industrial waste water treatment plant, water	52806
supply plant, or air pollution control facility or any other such	52807
wastes having similar characteristics and effects.	52808

(R) "Ethanol or other biofuel facility" means a plant at	52809
which ethanol or other biofuel is produced.	52810

(S) "Ethanol" means fermentation ethyl alcohol derived from	52811
agricultural products, including potatoes, cereal, grains, cheese	52812
whey, and sugar beets; forest products; or other renewable or	52813
biomass resources, including residue and waste generated from the	52814
production, processing, and marketing of agricultural products,	52815
forest products, and other renewable or biomass resources, that	52816
meets all of the specifications in the American society for	52817
testing and materials (ASTM) specification D 4806-88 and is	52818
denatured as specified in Parts 20 and 21 of Title 27 of the Code	52819
of Federal Regulations.	52820

(T) "Biofuel" means any fuel that is made from cellulosic	52821
biomass resources, including renewable organic matter, crop waste	52822
residue, wood, aquatic plants and other crops, animal waste, solid	52823
waste, or sludge, and that is used for the production of energy	52824
for transportation or other purposes.	52825

(U) "FutureGen project" means the buildings, equipment, and	52826
real property and functionally related buildings, equipment, and	52827
real property, including related research projects that support	52828
the development and operation of the buildings, equipment, and	52829
real property, designated by the United States department of	52830
energy and the FutureGen industrial alliance, inc., as the	52831
coal-fueled, zero-emissions power plant designed to prove the	52832
technical and economic feasibility of producing electricity and	52833
hydrogen from coal and nearly eliminating carbon dioxide emissions	52834
through capture and permanent storage.	52835

(V) "Commodity contract" means a contract or series of	52836
contracts entered into in connection with the acquisition or	52837
construction of air quality facilities for the purchase or sale of	52838
a commodity that is eligible for prepayment with the proceeds of	52839
federally tax exempt bonds under sections 103, 141, and 148 of the	52840
Internal Revenue Code of 1986, as amended, and regulations adopted	52841
under it.	52842

Sec. 3709.01. The state shall be divided into health	52843
districts. Each city constitutes a health district and shall be	52844
known as a "city health district."	52845

The townships and villages in each county shall be combined	52846
into a health district and shall be known as a "general health	52847
district."	52848

As provided for in sections 3709.051, 3709.07, ~~3709.071,~~ and	52849
3709.10 of the Revised Code, there may be a union of two or more	52850
~~contiguous~~ general health districts, ~~not to exceed five,~~ a union	52851
of two or more ~~contiguous~~ city health districts to form a single	52852
city health district, or a union of a general health district and	52853
one or more city health districts located within or partially	52854
within such general health district.	52855

Sec. 3709.03. (A) There is hereby created in each general	52856
health district a district advisory council. A council shall	52857
consist of the president of the board of county commissioners, the	52858
chief executive of each municipal corporation not constituting a	52859
city health district, and the president of the board of township	52860
trustees of each township. The board of county commissioners, the	52861
legislative body of a municipal corporation, and the board of	52862
township trustees of a township may select an alternate from among	52863
themselves to serve if the president, the chief executive, or the	52864
president of the board of township trustees is unable to attend	52865
any meeting of the district advisory council. When attending a	52866
meeting on behalf of a council member, the alternate may vote on	52867
any matter on which the member is authorized to vote.	52868

The council shall organize by selecting a chair and secretary	52869
from among its members. The council shall adopt bylaws governing	52870
its meetings, the transaction of business, and voting procedures.	52871

The council shall meet annually in March at a place	52872
determined by the chair and the health commissioner for the	52873
purpose of electing the chair and the secretary, making necessary	52874
appointments to the board of health, receiving and considering the	52875
annual or special reports from the board of health, and making	52876
recommendations to the board of health or to the department of	52877
health in regard to matters for the betterment of health and	52878
sanitation within the district or for needed legislation. The	52879
secretary of the council shall notify the district health	52880
commissioner and the director of health of the proceedings of such	52881
meeting.	52882

Special meetings of the council shall be held on the order of	52883
any of the following:	52884

(1) The director of health;

52885

(2) The board of health;

52886

(3) The lesser of five or a majority of district advisory	52887
council members.	52888

The district health commissioner shall attend all meetings of	52889
the council.	52890

(B) The district advisory council shall appoint four members	52891
of the board of health, and the remaining member shall be	52892
appointed by the health district licensing council established	52893
under section 3709.41 of the Revised Code. At least one member of	52894
the board of health shall be a physician, and one member shall be	52895
an executive officer or medical director of a hospital or of the	52896
largest medical facility in the district. Appointments shall be	52897
made with due regard to equal representation of all parts of the	52898
district.	52899

(C) If at an annual or special meeting at which a member of	52900
the board of health is to be appointed fewer than a majority of	52901
the members of the district council are present, the council, by	52902
the majority vote of council members present, may organize an	52903
executive committee to make the appointment. An executive	52904
committee shall consist of five council members, including the	52905
president of the board of county commissioners, the council chair,	52906
the council secretary, and two additional council members selected	52907
by majority affirmative vote of the council members present at the	52908
meeting. The additional members selected shall include one	52909
representative of municipal corporations in the district that are	52910
not city health districts and one representative of townships in	52911
the district. If an individual is eligible for more than one	52912
position on the executive committee due to holding a particular	52913
office, the individual shall fill one position on the committee	52914
and the other position shall be filled by a member selected by a	52915
majority affirmative vote of the council members present at the	52916
meeting. A council member's alternate for annual meetings may	52917
serve as the member's alternate at meetings of the executive	52918
committee.	52919

Not later than thirty days after an executive committee is	52920
organized, the committee shall meet and the council chair shall	52921
present to the committee the matter of appointing a member of the	52922
board of health. The committee shall appoint the board member by	52923
majority affirmative vote. In the case of a combined health	52924
district, the executive committee shall appoint only members of	52925
the board of health that are to be appointed by the district	52926
advisory council, unless the contract for administration of health	52927
affairs in the combined district provides otherwise. If a majority	52928
affirmative vote is not reached within thirty days after the	52929
executive committee is organized, the director of health shall	52930
appoint the member of the board of health under the authority	52931
conferred by section 3709.03 of the Revised Code.	52932

If the council fails to meet or appoint a member of the board	52933
of health as required by this section or section 3709.02 of the	52934
Revised Code, the director of health may appoint the member.	52935

Sec. 3709.05. (A) Unless an administration of public health	52936
different from that specifically provided in this section is	52937
established and maintained under authority of its charter, or	52938
unless a combined city health district is formed under section	52939
3709.051 of the Revised Code, the legislative authority of each	52940
city constituting a city health district shall establish a board	52941
of health. The board shall be composed of four members appointed	52942
by the mayor and confirmed by the legislative authority and one	52943
member appointed by the health district licensing council	52944
established under section 3709.41 of the Revised Code. At least	52945
one member of the board shall be an executive officer or medical	52946
director of a hospital or of the largest medical facility in the	52947
district.	52948

(B) Each member of the board shall be paid a sum not to	52949
exceed eighty dollars a day for the member's attendance at each	52950
meeting of the board. No member shall receive compensation for	52951
attendance at more than eighteen meetings in any year.	52952

(C) Each member of the board shall receive travel expenses at	52953
rates established by the director of budget and management	52954
pursuant to section 126.31 of the Revised Code to cover the actual	52955
and necessary travel expenses incurred for travel to and from	52956
meetings that take place outside the county in which the member	52957
resides, except that any member may receive travel expenses for	52958
registration for any conference that takes place inside the county	52959
in which the member resides.	52960

(D) A majority of the members constitutes a quorum, and the	52961
mayor shall be president of the board.	52962

(E) The term of office of the members shall be five years	52963
from the date of appointment, except that of those first	52964
appointed, one shall serve for five years, one for four years, one	52965
for three years, one for two years, and one for one year, and	52966
thereafter one shall be appointed each year.	52967

A vacancy in the membership of the board shall be filled in	52968
like manner as an original appointment and shall be for the	52969
unexpired term.	52970

Sec. 3709.051. Two or more ~~contiguous~~ city health districts	52971
may be united to form a single city health district by a majority	52972
affirmative vote of the legislative authority of each city	52973
affected by the union.	52974

If at least three per cent of the qualified electors residing	52975
within each of two or more ~~contiguous~~ city health districts sign a	52976
petition proposing a union into a single city health district, an	52977
election shall be held as provided in this section to determine	52978
whether a single city health district shall be formed. The	52979
petition for union may specify regarding the board of health of	52980
the new district:	52981

(A) The qualifications for membership;

52982

(B) The term of office;

52983

(C) The number of members or a method by which the number may	52984
be determined from time to time;	52985

(D) The method of appointment.

52986

Such petition shall be filed with the boards of county	52987
commissioners of the respective counties affected, subject to	52988
approval of the director of health, and such boards shall promptly	52989
certify the text of the proposal to the boards of election for the	52990
purpose of having the proposal placed on the ballot at the next	52991
general election occurring more than ninety days after such	52992
certification. The election procedures provided in Chapter 3505.	52993
of the Revised Code for questions and issues shall apply to the	52994
election. If a majority of the electors voting on the proposal in	52995
each of the health districts affected vote in favor thereof, the	52996
union of such districts into a single city health district shall	52997
be established on the second succeeding first day of January.	52998

Sec. 3709.10. When it is proposed that two or more	52999
~~contiguous~~ general health districts~~, not to exceed five,~~ unite in	53000
the formation of one general health district, the district	53001
advisory council of each general health district shall meet and	53002
vote on the question of union. An affirmative majority vote of the	53003
district advisory council shall be required for approval. When the	53004
district advisory councils have voted affirmatively on the	53005
question, they shall meet in joint session and shall elect a board	53006
of health for the combined districts. Each original general health	53007
district shall be entitled to at least one member on the board of	53008
health of the combined districts.	53009

When such union is completed, ~~such~~the district shall	53010
constitute a general health district and shall be governed in the	53011
manner provided for general health districts. When two or more	53012
general health districts unite to form one district, the office of	53013
the board of health shall be located at the county seat of the	53014
county selected by the joint board of district advisory councils.	53015

When two or more general health districts have been combined	53016
into a single district, the county auditor of the county selected	53017
by the joint board of district advisory councils as the location	53018
of the central office of the board of health shall be the auditor	53019
of such district and the county treasurer of such county shall be	53020
the custodian of the health funds of such district. When the	53021
budget of such combined general health district is a matter for	53022
consideration, the members of the budget commissions of the	53023
counties constituting the district shall sit as a joint board for	53024
considering and acting on such budget.	53025

Sec. 3709.15. (A) The board of health of a city or general	53026
health district may appoint as many persons for sanitary duty as	53027
the public health and sanitary conditions of the district require,	53028
and such persons shall have general police powers and be known as	53029
"sanitarians." The board may also appoint as many registered	53030
nurses for public health nurse duty as the public health and	53031
sanitary conditions of the district require, who shall be known as	53032
"public health nurses," and where such are appointed, the board	53033
may appoint licensed practical nurses as defined by section	53034
~~4723.15~~4723.02 of the Revised Code. The legislative authority of	53035
the city may determine the maximum number of sanitarians and	53036
public health nurses and licensed practical nurses to be	53037
appointed.	53038

(B) All sanitarians of a city or general health district who	53039
perform inspections of food service operations or of retail food	53040
establishments, both terms as defined in section 3717.01 of the	53041
Revised Code, shall, not later than July 1, 2017, obtain	53042
certification from the United States food and drug administration,	53043
and thereafter shall maintain that certification for as long as	53044
the food and drug administration continues to certify sanitarians.	53045

(C)(1) The board of health of a city or general health	53046
district may provide nursing care and other therapeutic and	53047
supportive care services to maintain an ill or infirm person in a	53048
place of residence used as such person's home or elsewhere. The	53049
board shall charge and collect reasonable fees not to exceed the	53050
cost of service for such care from patients financially able to	53051
pay, or may accept payment for such services from persons or	53052
public or private agencies on behalf of the recipient, either	53053
directly or by contract with such persons or agencies. The fees	53054
shall be retained by the board and placed in a special fund to be	53055
known as the home health services fund, and shall be used by the	53056
board only for defraying the cost of personnel, equipment,	53057
supplies, rental of physical facilities including real property,	53058
utilities, and administrative costs in providing services under	53059
this section. The approval of the auditor of state referred to in	53060
section 5705.12 of the Revised Code shall not be required for the	53061
establishment of the fund.	53062

(2) The board, in addition, may contract with any individual	53063
or a public or private agency to furnish services authorized by	53064
this section on behalf of a city or general health district for	53065
such time and for such compensation as may be agreed upon by the	53066
board and the individual or agency. The compensation shall be paid	53067
by the board from the home health services fund, or from any other	53068
available fund of the board.	53069

Sec. 3709.29. As used in this section, "general health	53070
district" includes a combined general health district formed under	53071
section 3709.10 of the Revised Code.	53072

If the estimated amount of money necessary to meet the	53073
expenses of a general health district program will not be	53074
forthcoming to the board of health of such district out of the	53075
district health fund because the taxes within the ten-mill	53076
limitation will be insufficient, the board of health shall certify	53077
the fact of such insufficiency to the board or boards of county	53078
commissioners of the county or counties in which such district is	53079
located. ~~Such~~The board of county commissioners is hereby	53080
ordained to be a special taxing authority for the purposes of this	53081
section only, and, notwithstanding any other law to the contrary,	53082
the board of county commissioners of ~~any~~each county in which a	53083
general health district is located is the taxing authority for	53084
such special levy outside the ten-mill limitation. The board of	53085
county commissioners, or each board of county commissioners in the	53086
case of a combined general health district located in more than	53087
one county, shall thereupon, in the year preceding that in which	53088
such health program will be effective, by vote of two-thirds of	53089
all the members of ~~that body~~the board, declare by resolution that	53090
the amount of taxes which may be raised within the ten-mill	53091
limitation will be insufficient to provide an adequate amount for	53092
the necessary requirements of such district within the county, and	53093
that it is necessary to levy a tax in excess of such limitation in	53094
order to provide the board of health with sufficient funds to	53095
carry out such health program. ~~Such~~The resolution shall be filed	53096
with the board of elections or, in the case of a combined general	53097
health district located in more than one county, with each board	53098
of elections, not later than four p.m. of the ninetieth day before	53099
the day of election.	53100

~~Such~~The resolution shall specify the amount of increase in	53101
rate which it is necessary to levy and the number of years during	53102
which such increase shall be in effect, which shall not be for a	53103
longer period than ten years.	53104

The resolution shall conform to section 5705.191 of the	53105
Revised Code and be certified and submitted in the manner provided	53106
in section 5705.25 of the Revised Code, provided that the proposal	53107
shall be placed on the ballot at the next primary or general	53108
election occurring more than ninety days after the resolution is	53109
filed with the board of elections.	53110

Sec. 3709.43. (A) Not later than January 1, 2014, and not	53111
later than the first day of January of each even-numbered year	53112
thereafter, the health commissioner of a general health district	53113
shall develop a comprehensive community health assessment for the	53114
county. The health commissioners of two or more counties may	53115
jointly develop a comprehensive community health assessment for	53116
the counties. The assessment shall be developed in collaboration	53117
with all of the following entities located in the county:	53118

(1) Every city health district;

53119

(2) A representative sample of private health care providers,	53120
including private doctors and dentists;	53121

(3) Every hospital, including public, nonprofit, and	53122
proprietary hospitals;	53123

(4) A representative sample of unaffiliated medical	53124
facilities or medical service providers;	53125

(5) A representative sample of mental or behavioral health	53126
providers; and	53127

(6) At least two members of the general public.

53128

(B) The community health assessment shall comply with the	53129
national community health assessment standards of the national	53130
association of county and city health officials and shall include	53131
all of the following:	53132

(1) A description of the community, as defined in the	53133
national community health assessment standards, and of the	53134
existing community health resources;	53135

(2) A description of the process used to conduct the	53136
assessment, with a listing of all of the individuals with whom the	53137
health commissioner collaborated under division (A) of this	53138
section to develop the assessment;	53139

(3) The health needs identified through the assessment	53140
process, with an evaluation of access to affordable health care	53141
and of the necessary physical facilities for furnishing adequate	53142
services to all of the people of the county; and	53143

(4) A description of how the current assessment compares to	53144
the previous assessment, except for the first year the assessment	53145
is developed.	53146

(C) The health commissioner shall electronically submit a	53147
copy of the comprehensive community health assessment to the Ohio	53148
department of health not later than the first day of March of the	53149
year in which the assessment is due.	53150

(D) Every city health district in the county shall	53151
participate in the development of the comprehensive community	53152
health assessment.	53153

Sec. 3712.07. (A) As used in this section, "terminal care	53154
facility for the homeless" means a facility that provides	53155
accommodations to homeless individuals who are terminally ill.	53156

(B) A person or public agency licensed under this chapter to	53157
provide a hospice care program may enter into an agreement with a	53158
terminal care facility for the homeless under which hospice care	53159
program services may be provided to individuals residing at the	53160
facility, if all of the following apply:	53161

(1) Each resident of the facility has been diagnosed by a	53162
physician as having a terminal condition and an anticipated life	53163
expectancy of six months or less;	53164

(2) No resident of the facility has a relative or other	53165
person willing or capable of providing the care necessary to cope	53166
with ~~his~~the resident's terminal illness or is financially capable	53167
of hiring a person to provide such care;	53168

(3) Each resident of the facility is under the direct care of	53169
a physician;	53170

(4) No resident of the facility requires the staff of the	53171
facility to administer medication by injection;	53172

(5) The facility does not receive any remuneration, directly	53173
or indirectly, from the residents;	53174

(6) The facility does not receive any remuneration, directly	53175
or indirectly, from the ~~medical assistance~~medicaid program	53176
~~established under section 5111.01 of the Revised Code~~ or the	53177
medicare program ~~established under Title XVIII of the "Social~~	53178
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~;	53179

(7) The facility meets all applicable state and federal	53180
health and safety standards, including standards for fire	53181
prevention, maintenance of safe and sanitary conditions, and	53182
proper preparation and storage of foods.	53183

(C) Hospice care program services may be provided at a	53184
terminal care facility for the homeless only by the personnel of	53185
the person or public agency that has entered into an agreement	53186
with the facility under this section.	53187

(D) A terminal care facility for the homeless that has	53188
entered into an agreement under this section may assist its	53189
residents with the self-administration of medication if the	53190
medication has been prescribed by a physician and is not	53191
administered by injection. In the event that a resident has	53192
entered the final stages of dying and is no longer mentally alert,	53193
the facility may administer medication to that resident if the	53194
medication has been prescribed by a physician and is not	53195
administered by injection. Determinations of whether an individual	53196
has entered the final stages of dying and is no longer mentally	53197
alert shall be based on directions from the personnel who provide	53198
hospice care program services at the facility.	53199

Sec. 3713.06. (A) Any person required to register under	53200
division (A) of section 3713.02 of the Revised Code who imports	53201
bedding or stuffed toys into this state for retail sale or use in	53202
this state and any person required to register under division (A)	53203
of section 3713.02 of the Revised Code who manufactures bedding or	53204
stuffed toys in this state for retail sale or use in this state	53205
shall submit a report to the superintendent of industrial	53206
compliance, in a form and manner prescribed by the superintendent.	53207
The form shall be submitted once ~~every six months~~per year and	53208
shall show the total number of items of bedding or stuffed toys	53209
imported into this state or manufactured in this state. Each	53210
report shall be accompanied by a fee of four cents for each item	53211
of bedding or stuffed toy imported into this state or manufactured	53212
in this state.	53213

(B) Every importer, manufacturer, or wholesaler of stuffed	53214
toys or articles of bedding, and every mobile home and	53215
recreational vehicle dealer, conversion van dealer, secondhand	53216
dealer, and auction house shall retain records, designated by the	53217
superintendent in rule, for the time period established in rule.	53218

(C) Every importer, manufacturer, or wholesaler of stuffed	53219
toys or articles of bedding, and every mobile home and	53220
recreational vehicle dealer, conversion van dealer, secondhand	53221
dealer, and auction house shall make sufficient investigation of	53222
its records to ensure that the information reported to the	53223
superintendent under division (A) of this section is accurate.	53224

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	53225
health and the environmental protection agency in administering	53226
and enforcing this chapter and rules adopted under it, there is	53227
hereby levied a fee of thirty cents per cubic yard or sixty cents	53228
per ton, as applicable, on both of the following:	53229

(a) The disposal of construction and demolition debris at a	53230
construction and demolition debris facility that is licensed under	53231
this chapter or at a solid waste facility that is licensed under	53232
Chapter 3734. of the Revised Code;	53233

(b) The disposal of asbestos or asbestos-containing materials	53234
or products at a construction and demolition debris facility that	53235
is licensed under this chapter or at a solid waste facility that	53236
is licensed under Chapter 3734. of the Revised Code.	53237

(2) The owner or operator of a construction and demolition	53238
debris facility or a solid waste facility shall determine if cubic	53239
yards or tons will be used as the unit of measurement. If basing	53240
the fee on cubic yards, the owner or operator shall utilize either	53241
the maximum cubic yard capacity of the container, or the hauling	53242
volume of the vehicle, that transports the construction and	53243
demolition debris to the facility or the cubic yards actually	53244
logged for disposal by the owner or operator in accordance with	53245
rules adopted under section 3714.02 of the Revised Code. If basing	53246
the fee on tonnage, the owner or operator shall use certified	53247
scales to determine the tonnage of construction and demolition	53248
debris that is disposed of.	53249

(3) The owner or operator of a construction and demolition	53250
debris facility or a solid waste facility shall calculate the	53251
amount of money generated from the fee levied under division	53252
(A)(1) of this section and shall hold that amount as a trustee for	53253
the health district having jurisdiction over the facility, if that	53254
district is on the approved list under section 3714.09 of the	53255
Revised Code, or for the state. The owner or operator shall	53256
prepare and file with the appropriate board of health or the	53257
director of environmental protection monthly returns indicating	53258
the total volume or weight, as applicable, of construction and	53259
demolition debris and asbestos or asbestos-containing materials or	53260
products disposed of at the facility and the total amount of money	53261
generated during that month from the fee levied under division	53262
(A)(1) of this section on the disposal of construction and	53263
demolition debris and asbestos or asbestos-containing materials or	53264
products. Not later than thirty days after the last day of the	53265
month to which the return applies, the owner or operator shall	53266
mail to the board of health or the director the return for that	53267
month together with the amount of money calculated under division	53268
(A)(3) of this section on the disposal of construction and	53269
demolition debris and asbestos or asbestos-containing materials or	53270
products during that month or may submit the return and money	53271
electronically in a manner approved by the director. The owner or	53272
operator may request, in writing, an extension of not more than	53273
thirty days after the last day of the month to which the return	53274
applies. A request for extension may be denied. If the owner or	53275
operator submits the money late, the owner or operator shall pay a	53276
penalty of ten per cent of the amount of the money due for each	53277
month that it is late.	53278

(4) Of the money that is submitted by a construction and	53279
demolition debris facility or a solid waste facility on a per	53280
cubic yard or per ton basis under this section, a board of health	53281
shall transmit three cents per cubic yard or six cents per ton, as	53282
applicable, to the director not later than forty-five days after	53283
the receipt of the money. The money retained by a board of health	53284
under this section shall be paid into a special fund, which is	53285
hereby created in each health district, and used solely tofor the	53286
following purposes:	53287

(a) To administer and enforce this chapter and rules adopted	53288
under it;	53289

(b) To abate accumulations of construction and demolition	53290
debris as provided in section 3714.074 of the Revised Code.	53291

The director shall transmit all money received under this	53292
section to the treasurer of state to be credited to the	53293
construction and demolition debris facility oversight fund, which	53294
is hereby created in the state treasury. The fund shall be	53295
administered by the director, and money credited to the fund shall	53296
be used exclusively for the administration and enforcement of this	53297
chapter and rules adopted under it.	53298

(B) The board of health of a health district or the director	53299
may enter into an agreement with the owner or operator of a	53300
construction and demolition debris facility or a solid waste	53301
facility for the quarterly payment of money generated from the	53302
disposal fee as calculated in division (A)(3) of this section. The	53303
board of health shall notify the director of any such agreement.	53304
Not later than forty-five days after receipt of the quarterly	53305
payment, the board of health shall transmit the amount established	53306
in division (A)(4) of this section to the director. The money	53307
retained by the board of health shall be deposited in the special	53308
fund of the district as required under that division. Upon receipt	53309
of the money from a board of health, the director shall transmit	53310
the money to the treasurer of state to be credited to the	53311
construction and demolition debris facility oversight fund.	53312

(C) If a construction and demolition debris facility or a	53313
solid waste facility is located within the territorial boundaries	53314
of a municipal corporation or the unincorporated area of a	53315
township, the municipal corporation or township may appropriate up	53316
to four cents per cubic yard or up to eight cents per ton of the	53317
disposal fee required to be paid by the facility under division	53318
(A)(1) of this section for the same purposes that a municipal	53319
corporation or township may levy a fee under division (C) of	53320
section 3734.57 of the Revised Code.	53321

The legislative authority of the municipal corporation or	53322
township may appropriate the money from the fee by enacting an	53323
ordinance or adopting a resolution establishing the amount of the	53324
fee to be appropriated. Upon doing so, the legislative authority	53325
shall mail a certified copy of the ordinance or resolution to the	53326
board of health of the health district in which the construction	53327
and demolition debris facility or the solid waste facility is	53328
located or, if the facility is located in a health district that	53329
is not on the approved list under section 3714.09 of the Revised	53330
Code, to the director. Upon receipt of the copy of the ordinance	53331
or resolution and not later than forty-five days after receipt of	53332
money generated from the fee, the board or the director, as	53333
applicable, shall transmit to the treasurer or other appropriate	53334
officer of the municipal corporation or clerk of the township that	53335
portion of the money generated from the disposal fee by the owner	53336
or operator of the facility that is required by the ordinance or	53337
resolution to be paid to that municipal corporation or township.	53338

Money received by the treasurer or other appropriate officer	53339
of a municipal corporation under this division shall be paid into	53340
the general fund of the municipal corporation. Money received by	53341
the clerk of a township under this division shall be paid into the	53342
general fund of the township. The treasurer or other officer of	53343
the municipal corporation or the clerk of the township, as	53344
appropriate, shall maintain separate records of the money received	53345
under this division.	53346

The legislative authority of a municipal corporation or	53347
township may cease appropriating money under this division by	53348
repealing the ordinance or resolution that was enacted or adopted	53349
under this division.	53350

The director shall adopt rules in accordance with Chapter	53351
119. of the Revised Code establishing requirements for prorating	53352
the amount of the fee that may be appropriated under this division	53353
by a municipal corporation or township in which only a portion of	53354
a construction and demolition debris facility is located within	53355
the territorial boundaries of the municipal corporation or	53356
township.	53357

(D) The board of county commissioners of a county in which a	53358
construction and demolition debris facility or a solid waste	53359
facility is located may appropriate up to three cents per cubic	53360
yard or up to six cents per ton of the disposal fee required to be	53361
paid by the facility under division (A)(1) of this section for the	53362
same purposes that a solid waste management district may levy a	53363
fee under division (B) of section 3734.57 of the Revised Code.	53364

The board of county commissioners may appropriate the money	53365
from the fee by adopting a resolution establishing the amount of	53366
the fee to be appropriated. Upon doing so, the board of county	53367
commissioners shall mail a certified copy of the resolution to the	53368
board of health of the health district in which the construction	53369
and demolition debris facility or the solid waste facility is	53370
located or, if the facility is located in a health district that	53371
is not on the approved list under section 3714.09 of the Revised	53372
Code, to the director. Upon receipt of the copy of the resolution	53373
and not later than forty-five days after receipt of money	53374
generated from the fee, the board of health or the director, as	53375
applicable, shall transmit to the treasurer of the county that	53376
portion of the money generated from the disposal fee by the owner	53377
or operator of the facility that is required by the resolution to	53378
be paid to that county.	53379

Money received by a county treasurer under this division	53380
shall be paid into the general fund of the county. The county	53381
treasurer shall maintain separate records of the money received	53382
under this division.	53383

A board of county commissioners may cease appropriating money	53384
under this division by repealing the resolution that was adopted	53385
under this division.	53386

(E)(1) This section does not apply to the disposal of	53387
construction and demolition debris at a solid waste facility that	53388
is licensed under Chapter 3734. of the Revised Code if there is no	53389
construction and demolition debris facility licensed under this	53390
chapter within thirty-five miles of the solid waste facility as	53391
determined by a facility's property boundaries.	53392

(2) This section does not apply to the disposal of	53393
construction and demolition debris at a solid waste facility that	53394
is licensed under Chapter 3734. of the Revised Code if the owner	53395
or operator of the facility chooses to collect fees on the	53396
disposal of the construction and demolition debris and asbestos or	53397
asbestos-containing materials or products that are identical to	53398
the fees that are collected under Chapters 343. and 3734. of the	53399
Revised Code on the disposal of solid wastes at that facility.	53400

(3) This section does not apply to the disposal of source	53401
separated materials that are exclusively composed of reinforced or	53402
nonreinforced concrete, asphalt, clay tile, building or paving	53403
brick, or building or paving stone at a construction and	53404
demolition debris facility that is licensed under this chapter	53405
when either of the following applies:	53406

(a) The materials are placed within the limits of	53407
construction and demolition debris placement at the facility as	53408
specified in the license issued to the facility under section	53409
3714.06 of the Revised Code, are not placed within the unloading	53410
zone of the facility, and are used as a fire prevention measure in	53411
accordance with rules adopted by the director under section	53412
3714.02 of the Revised Code.	53413

(b) The materials are not placed within the unloading zone of	53414
the facility or within the limits of construction and demolition	53415
debris placement at the facility as specified in the license	53416
issued to the facility under section 3714.06 of the Revised Code,	53417
but are used as fill material, either alone or in conjunction with	53418
clean soil, sand, gravel, or other clean aggregates, in legitimate	53419
fill operations for construction purposes at the facility or to	53420
bring the facility up to a consistent grade.	53421

Sec. 3714.074. (A) A board of health may use money in the	53422
board's special fund created in section 3714.07 of the Revised	53423
Code for the purpose specified in division (B) of this section if	53424
both of the following apply:	53425

(1) It is the end of the fiscal year.

53426

(2) The board determines that it has more money in the fund	53427
than is necessary for the board to administer and enforce this	53428
chapter and rules adopted under it for the following fiscal year.	53429

(B) A board of health may use excess money as described in	53430
division (A) of this section to abate accumulations of	53431
construction and demolition debris at a location for which a	53432
license has not been issued pursuant to section 3714.05 of the	53433
Revised Code if all of the following apply to the property on	53434
which the accumulations are located:	53435

(1) The construction and demolition debris was placed on the	53436
property under either of the following circumstances:	53437

(a) After the owner of the property acquired title to it;

53438

(b) Before the owner of the property acquired title to it if	53439
the owner acquired title to the property by bequest or devise.	53440

(2) The owner of the property did not have knowledge that the	53441
construction and demolition debris was being placed on the	53442
property, or the owner posted on the property signs prohibiting	53443
dumping or took other action to prevent the placing of	53444
construction and demolition debris on the property.	53445

(3) The owner of the property did not participate in or	53446
consent to the placement of the construction and demolition debris	53447
on the property.	53448

(4) The owner of the property did not receive any financial	53449
benefit from the placement of the construction and demolition	53450
debris on the property or from having the construction and	53451
demolition debris on the property.	53452

(5) Title to the property was not transferred to the owner of	53453
that property for the purpose of avoiding liability for violations	53454
of this chapter or rules adopted under it.	53455

(6) The person responsible for the placement of the	53456
construction and demolition debris on the property, in placing the	53457
construction and demolition debris on the property, was not acting	53458
as an agent for the owner of the property.	53459

Sec. 3718.06. (A) A board of health shall establish fees in	53460
accordance with section 3709.09 of the Revised Code for the	53461
purpose of carrying out its duties under this chapter and rules	53462
adopted under it, including fees for installation permits,	53463
operation permits, and alteration permits issued by the board. All	53464
fees so established and collected by the board shall be deposited	53465
in a special fund of the district to be used exclusively by the	53466
board in carrying out those duties.	53467

(B) In accordance with Chapter 119. of the Revised Code, the	53468
director of health may establish by rule a fee to be collected	53469
from applicants for installation permits and alteration permits	53470
issued under rules adopted under this chapter. The director of	53471
health shall use not more than ~~seventy-five~~ninety per cent of the	53472
proceeds from that fee for administering and enforcing this	53473
chapter and the rules adopted under it by the director. The	53474
director shall use not less than ~~twenty-five~~ten per cent of the	53475
proceeds from that fee to establish a program in cooperation with	53476
boards of health to fund installation and evaluation of sewage	53477
treatment system new technology pilot projects through grants or	53478
other agreements. In the selection of pilot projects, the director	53479
shall consult with the sewage treatment system technical advisory	53480
committee. A board of health shall collect and transmit the fee to	53481
the director pursuant to section 3709.092 of the Revised Code.	53482

Sec. 3719.61. Nothing in the laws dealing with drugs of	53483
abuse shall be construed to prohibit treatment of narcotic drug	53484
dependent persons by the continuing maintenance of their	53485
dependence through the administration of methadone in accordance	53486
with the rules adopted by the department of ~~alcohol and drug~~	53487
~~addiction services~~mental health and addiction services under	53488
section ~~3793.11~~5119.39 of the Revised Code, when all of the	53489
following apply:	53490

(A) The likelihood that any person undergoing maintenance	53491
treatment will be cured of dependence on narcotic drugs is remote,	53492
the treatment is prescribed for the purpose of alleviating or	53493
controlling the patient's drug dependence, and the patient's	53494
prognosis while undergoing treatment is at least a partial	53495
improvement in the patient's asocial or antisocial behavior	53496
patterns;	53497

(B) In the case of an inpatient in a hospital or clinic, the	53498
amount of the maintenance drug dispensed at any one time does not	53499
exceed the quantity necessary for a single dose, and the dose is	53500
administered to the patient immediately;	53501

(C) In the case of an outpatient, the amount of the	53502
maintenance drug dispensed at any one time shall be determined by	53503
the patient's treatment provider taking into account the patient's	53504
progress in the treatment program and the patient's needs for	53505
gainful employment, education, and responsible homemaking, except	53506
that in no event shall the dosage be greater than the amount	53507
permitted by federal law and rules adopted by the department	53508
pursuant to section ~~3793.11~~5119.39 of the Revised Code;	53509

(D) The drug is not dispensed in any case to replace or	53510
supplement any part of a supply of the drug previously dispensed,	53511
or when there is reasonable cause to believe it will be used or	53512
disposed of unlawfully;	53513

(E) The drug is dispensed through a program licensed and	53514
operated in accordance with section ~~3793.11~~5119.39 of the Revised	53515
Code.	53516

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	53517
3721.99 of the Revised Code:	53518

(1)(a) "Home" means an institution, residence, or facility	53519
that provides, for a period of more than twenty-four hours,	53520
whether for a consideration or not, accommodations to three or	53521
more unrelated individuals who are dependent upon the services of	53522
others, including a nursing home, residential care facility, home	53523
for the aging, and a veterans' home operated under Chapter 5907.	53524
of the Revised Code.	53525

(b) "Home" also means both of the following:

53526

(i) Any facility that a person, as defined in section 3702.51	53527
of the Revised Code, proposes for certification as a skilled	53528
nursing facility or nursing facility under Title XVIII or XIX of	53529
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	53530
as amended, and for which a certificate of need, other than a	53531
certificate to recategorize hospital beds as described in section	53532
3702.521 of the Revised Code or division (R)(7)(d) of the version	53533
of section 3702.51 of the Revised Code in effect immediately prior	53534
to April 20, 1995, has been granted to the person under sections	53535
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	53536

(ii) A county home or district home that is or has been	53537
licensed as a residential care facility.	53538

53539

(i) Except as provided in division (A)(1)(b) of this section,	53540
a public hospital or hospital as defined in section 3701.01 or	53541
5122.01 of the Revised Code;	53542

(ii) A residential facility as defined in section ~~5119.22~~	53543
5119.34 of the Revised Code;	53544

(iii) A residential facility as defined in section 5123.19 of	53545
the Revised Code;	53546

(iv) ~~An alcohol or drug~~A community addiction ~~program~~	53547
services provider as defined in section ~~3793.01~~5119.01 of the	53548
Revised Code;	53549

(v) A facility licensed to provide methadone treatment under	53550
section ~~3793.11~~5119.39 of the Revised Code;	53551

(vi) A facility providing services under contract with the	53552
department of developmental disabilities under section 5123.18 of	53553
the Revised Code;	53554

(vii) A facility operated by a hospice care program licensed	53555
under section 3712.04 of the Revised Code that is used exclusively	53556
for care of hospice patients;	53557

(viii) A facility operated by a pediatric respite care	53558
program licensed under section 3712.041 of the Revised Code that	53559
is used exclusively for care of pediatric respite care patients;	53560

(ix) A facility, infirmary, or other entity that is operated	53561
by a religious order, provides care exclusively to members of	53562
religious orders who take vows of celibacy and live by virtue of	53563
their vows within the orders as if related, and does not	53564
participate in the medicare program ~~established under Title XVIII~~	53565
~~of the "Social Security Act"~~ or the ~~medical assistance~~medicaid	53566
program ~~established under Chapter 5111. of the Revised Code and~~	53567
~~Title XIX of the "Social Security Act,"~~ if on January 1, 1994, the	53568
facility, infirmary, or entity was providing care exclusively to	53569
members of the religious order;	53570

(x) A county home or district home that has never been	53571
licensed as a residential care facility.	53572

(2) "Unrelated individual" means one who is not related to	53573
the owner or operator of a home or to the spouse of the owner or	53574
operator as a parent, grandparent, child, grandchild, brother,	53575
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	53576
uncle.	53577

(3) "Mental impairment" does not mean mental illness as	53578
defined in section 5122.01 of the Revised Code or mental	53579
retardation as defined in section 5123.01 of the Revised Code.	53580

(4) "Skilled nursing care" means procedures that require	53581
technical skills and knowledge beyond those the untrained person	53582
possesses and that are commonly employed in providing for the	53583
physical, mental, and emotional needs of the ill or otherwise	53584
incapacitated. "Skilled nursing care" includes, but is not limited	53585
to, the following:	53586

(a) Irrigations, catheterizations, application of dressings,	53587
and supervision of special diets;	53588

(b) Objective observation of changes in the patient's	53589
condition as a means of analyzing and determining the nursing care	53590
required and the need for further medical diagnosis and treatment;	53591

53592

(d) Administration of medication by any method ordered by a	53593
physician, such as hypodermically, rectally, or orally, including	53594
observation of the patient after receipt of the medication;	53595

(e) Carrying out other treatments prescribed by the physician	53596
that involve a similar level of complexity and skill in	53597
administration.	53598

(5)(a) "Personal care services" means services including, but	53599
not limited to, the following:	53600

(i) Assisting residents with activities of daily living;

53601

(ii) Assisting residents with self-administration of	53602
medication, in accordance with rules adopted under section 3721.04	53603
of the Revised Code;	53604

(iii) Preparing special diets, other than complex therapeutic	53605
diets, for residents pursuant to the instructions of a physician	53606
or a licensed dietitian, in accordance with rules adopted under	53607
section 3721.04 of the Revised Code.	53608

(b) "Personal care services" does not include "skilled	53609
nursing care" as defined in division (A)(4) of this section. A	53610
facility need not provide more than one of the services listed in	53611
division (A)(5)(a) of this section to be considered to be	53612
providing personal care services.	53613

(6) "Nursing home" means a home used for the reception and	53614
care of individuals who by reason of illness or physical or mental	53615
impairment require skilled nursing care and of individuals who	53616
require personal care services but not skilled nursing care. A	53617
nursing home is licensed to provide personal care services and	53618
skilled nursing care.	53619

(7) "Residential care facility" means a home that provides	53620
either of the following:	53621

(a) Accommodations for seventeen or more unrelated	53622
individuals and supervision and personal care services for three	53623
or more of those individuals who are dependent on the services of	53624
others by reason of age or physical or mental impairment;	53625

(b) Accommodations for three or more unrelated individuals,	53626
supervision and personal care services for at least three of those	53627
individuals who are dependent on the services of others by reason	53628
of age or physical or mental impairment, and, to at least one of	53629
those individuals, any of the skilled nursing care authorized by	53630
section 3721.011 of the Revised Code.	53631

(8) "Home for the aging" means a home that provides services	53632
as a residential care facility and a nursing home, except that the	53633
home provides its services only to individuals who are dependent	53634
on the services of others by reason of both age and physical or	53635
mental impairment.	53636

The part or unit of a home for the aging that provides	53637
services only as a residential care facility is licensed as a	53638
residential care facility. The part or unit that may provide	53639
skilled nursing care beyond the extent authorized by section	53640
3721.011 of the Revised Code is licensed as a nursing home.	53641

(9) "County home" and "district home" mean a county home or	53642
district home operated under Chapter 5155. of the Revised Code.	53643

(B) The director of health may further classify homes. For	53644
the purposes of this chapter, any residence, institution, hotel,	53645
congregate housing project, or similar facility that meets the	53646
definition of a home under this section is such a home regardless	53647
of how the facility holds itself out to the public.	53648

(C) For purposes of this chapter, personal care services or	53649
skilled nursing care shall be considered to be provided by a	53650
facility if they are provided by a person employed by or	53651
associated with the facility or by another person pursuant to an	53652
agreement to which neither the resident who receives the services	53653
nor the resident's sponsor is a party.	53654

(D) Nothing in division (A)(4) of this section shall be	53655
construed to permit skilled nursing care to be imposed on an	53656
individual who does not require skilled nursing care.	53657

Nothing in division (A)(5) of this section shall be construed	53658
to permit personal care services to be imposed on an individual	53659
who is capable of performing the activity in question without	53660
assistance.	53661

(E) Division (A)(1)(c)(ix) of this section does not prohibit	53662
a facility, infirmary, or other entity described in that division	53663
from seeking licensure under sections 3721.01 to 3721.09 of the	53664
Revised Code or certification under Title XVIII or XIX of the	53665
"Social Security Act." However, such a facility, infirmary, or	53666
entity that applies for licensure or certification must meet the	53667
requirements of those sections or titles and the rules adopted	53668
under them and obtain a certificate of need from the director of	53669
health under section 3702.52 of the Revised Code.	53670

(F) Nothing in this chapter, or rules adopted pursuant to it,	53671
shall be construed as authorizing the supervision, regulation, or	53672
control of the spiritual care or treatment of residents or	53673
patients in any home who rely upon treatment by prayer or	53674
spiritual means in accordance with the creed or tenets of any	53675
recognized church or religious denomination.	53676

Sec. 3721.011. (A) In addition to providing accommodations,	53677
supervision, and personal care services to its residents, a	53678
residential care facility may do the following:	53679

(1) Provide the following skilled nursing care to its	53680
residents:	53681

(a) Supervision of special diets;

53682

(b) Application of dressings, in accordance with rules	53683
adopted under section 3721.04 of the Revised Code;	53684

(c) Subject to division (B)(1) of this section,	53685
administration of medication.	53686

(2) Subject to division (C) of this section, provide other	53687
skilled nursing care on a part-time, intermittent basis for not	53688
more than a total of one hundred twenty days in a twelve-month	53689
period;	53690

(3) Provide skilled nursing care for more than one hundred	53691
twenty days in a twelve-month period to a resident when the	53692
requirements of division (D) of this section are met.	53693

A residential care facility may not admit or retain an	53694
individual requiring skilled nursing care that is not authorized	53695
by this section. A residential care facility may not provide	53696
skilled nursing care beyond the limits established by this	53697
section.	53698

(B)(1) A residential care facility may admit or retain an	53699
individual requiring medication, including biologicals, only if	53700
the individual's personal physician has determined in writing that	53701
the individual is capable of self-administering the medication or	53702
the facility provides for the medication to be administered to the	53703
individual by a home health agency certified under Title XVIII of	53704
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C. 1395, as	53705
amended; a hospice care program licensed under Chapter 3712. of	53706
the Revised Code; or a member of the staff of the residential care	53707
facility who is qualified to perform medication administration.	53708
Medication may be administered in a residential care facility only	53709
by the following persons authorized by law to administer	53710
medication:	53711

(a) A registered nurse licensed under Chapter 4723. of the	53712
Revised Code;	53713

(b) A licensed practical nurse licensed under Chapter 4723.	53714
of the Revised Code who holds proof of successful completion of a	53715
course in medication administration approved by the board of	53716
nursing and who administers the medication only at the direction	53717
of a registered nurse or a physician authorized under Chapter	53718
4731. of the Revised Code to practice medicine and surgery or	53719
osteopathic medicine and surgery;	53720

(c) A medication aide certified under Chapter 4723. of the	53721
Revised Code;	53722

(d) A physician authorized under Chapter 4731. of the Revised	53723
Code to practice medicine and surgery or osteopathic medicine and	53724
surgery.	53725

(2) In assisting a resident with self-administration of	53726
medication, any member of the staff of a residential care facility	53727
may do the following:	53728

(a) Remind a resident when to take medication and watch to	53729
ensure that the resident follows the directions on the container;	53730

(b) Assist a resident by taking the medication from the	53731
locked area where it is stored, in accordance with rules adopted	53732
pursuant to section 3721.04 of the Revised Code, and handing it to	53733
the resident. If the resident is physically unable to open the	53734
container, a staff member may open the container for the resident.	53735

(c) Assist a physically impaired but mentally alert resident,	53736
such as a resident with arthritis, cerebral palsy, or Parkinson's	53737
disease, in removing oral or topical medication from containers	53738
and in consuming or applying the medication, upon request by or	53739
with the consent of the resident. If a resident is physically	53740
unable to place a dose of medicine to the resident's mouth without	53741
spilling it, a staff member may place the dose in a container and	53742
place the container to the mouth of the resident.	53743

(C) Except as provided in division (D) of this section, a	53744
residential care facility may admit or retain individuals who	53745
require skilled nursing care beyond the supervision of special	53746
diets, application of dressings, or administration of medication,	53747
only if the care will be provided on a part-time, intermittent	53748
basis for not more than a total of one hundred twenty days in any	53749
twelve-month period. In accordance with Chapter 119. of the	53750
Revised Code, the director of health shall adopt rules specifying	53751
what constitutes the need for skilled nursing care on a part-time,	53752
intermittent basis. The director shall adopt rules that are	53753
consistent with rules pertaining to home health care adopted by	53754
the medicaid director ~~of job and family services~~ for the medicaid	53755
program ~~established under Chapter 5111. of the Revised Code~~.	53756
Skilled nursing care provided pursuant to this division may be	53757
provided by a home health agency certified ~~under Title XVIII of~~	53758
~~the "Social Security Act~~for participation in the medicare	53759
program," a hospice care program licensed under Chapter 3712. of	53760
the Revised Code, or a member of the staff of a residential care	53761
facility who is qualified to perform skilled nursing care.	53762

A residential care facility that provides skilled nursing	53763
care pursuant to this division shall do both of the following:	53764

(1) Evaluate each resident receiving the skilled nursing care	53765
at least once every seven days to determine whether the resident	53766
should be transferred to a nursing home;	53767

(2) Meet the skilled nursing care needs of each resident	53768
receiving the care.	53769

(D)(1) A residential care facility may admit or retain an	53770
individual who requires skilled nursing care for more than one	53771
hundred twenty days in any twelve-month period only if the	53772
facility has entered into a written agreement with each of the	53773
following:	53774

(a) The individual or individual's sponsor;

53775

(b) The individual's personal physician;

53776

(c) Unless the individual's personal physician oversees the	53777
skilled nursing care, the provider of the skilled nursing care;	53778

(d) If the individual is a hospice patient as defined in	53779
section 3712.01 of the Revised Code, a hospice care program	53780
licensed under Chapter 3712. of the Revised Code.	53781

(2) The agreement required by division (D)(1) of this section	53782
shall include all of the following provisions:	53783

(a) That the individual will be provided skilled nursing care	53784
in the facility only if a determination has been made that the	53785
individual's needs can be met at the facility;	53786

(b) That the individual will be retained in the facility only	53787
if periodic redeterminations are made that the individual's needs	53788
are being met at the facility;	53789

(c) That the redeterminations will be made according to a	53790
schedule specified in the agreement;	53791

(d) If the individual is a hospice patient, that the	53792
individual has been given an opportunity to choose the hospice	53793
care program that best meets the individual's needs;	53794

(e) Unless the individual is a hospice patient, that the	53795
individual's personal physician has determined that the skilled	53796
nursing care the individual needs is routine.	53797

(E) Notwithstanding any other provision of this chapter, a	53798
residential care facility in which residents receive skilled	53799
nursing care pursuant to this section is not a nursing home.	53800

Sec. 3721.02. (A) As used in this section, "residential	53801
facility" means a residential facility licensed under section	53802
~~5119.22~~5119.34 of the Revised Code that provides accommodations,	53803
supervision, and personal care services for three to sixteen	53804
unrelated adults.	53805

(B) The director of health shall license homes and establish	53806
procedures to be followed in inspecting and licensing homes. The	53807
director may inspect a home at any time. Each home shall be	53808
inspected by the director at least once prior to the issuance of a	53809
license and at least once every fifteen months thereafter. The	53810
state fire marshal or a township, municipal, or other legally	53811
constituted fire department approved by the marshal shall also	53812
inspect a home prior to issuance of a license, at least once every	53813
fifteen months thereafter, and at any other time requested by the	53814
director. A home does not have to be inspected prior to issuance	53815
of a license by the director, state fire marshal, or a fire	53816
department if ownership of the home is assigned or transferred to	53817
a different person and the home was licensed under this chapter	53818
immediately prior to the assignment or transfer. The director may	53819
enter at any time, for the purposes of investigation, any	53820
institution, residence, facility, or other structure that has been	53821
reported to the director or that the director has reasonable cause	53822
to believe is operating as a nursing home, residential care	53823
facility, or home for the aging without a valid license required	53824
by section 3721.05 of the Revised Code or, in the case of a county	53825
home or district home, is operating despite the revocation of its	53826
residential care facility license. The director may delegate the	53827
director's authority and duties under this chapter to any	53828
division, bureau, agency, or official of the department of health.	53829

(C) A single facility may be licensed both as a nursing home	53830
pursuant to this chapter and as a residential facility pursuant to	53831
section ~~5119.22~~5119.34 of the Revised Code if the director	53832
determines that the part or unit to be licensed as a nursing home	53833
can be maintained separate and discrete from the part or unit to	53834
be licensed as a residential facility.	53835

(D) In determining the number of residents in a home for the	53836
purpose of licensing, the director shall consider all the	53837
individuals for whom the home provides accommodations as one group	53838
unless one of the following is the case:	53839

(1) The home is a home for the aging, in which case all the	53840
individuals in the part or unit licensed as a nursing home shall	53841
be considered as one group, and all the individuals in the part or	53842
unit licensed as a rest home shall be considered as another group.	53843

(2) The home is both a nursing home and a residential	53844
facility. In that case, all the individuals in the part or unit	53845
licensed as a nursing home shall be considered as one group, and	53846
all the individuals in the part or unit licensed as an adult care	53847
facility shall be considered as another group.	53848

(3) The home maintains, in addition to a nursing home or	53849
residential care facility, a separate and discrete part or unit	53850
that provides accommodations to individuals who do not require or	53851
receive skilled nursing care and do not receive personal care	53852
services from the home, in which case the individuals in the	53853
separate and discrete part or unit shall not be considered in	53854
determining the number of residents in the home if the separate	53855
and discrete part or unit is in compliance with the Ohio basic	53856
building code established by the board of building standards under	53857
Chapters 3781. and 3791. of the Revised Code and the home permits	53858
the director, on request, to inspect the separate and discrete	53859
part or unit and speak with the individuals residing there, if	53860
they consent, to determine whether the separate and discrete part	53861
or unit meets the requirements of this division.	53862

(E)(1) The director of health shall charge the following	53863
application fee and annual renewal licensing and inspection fee	53864
for each fifty persons or part thereof of a home's licensed	53865
capacity:	53866

(a) For state fiscal year 2010, two hundred twenty dollars;

53867

(b) For state fiscal year 2011, two hundred seventy dollars;

53868

(c) For each state fiscal year thereafter, three hundred	53869
twenty dollars.	53870

(2) All fees collected by the director for the issuance or	53871
renewal of licenses shall be deposited into the state treasury to	53872
the credit of the general operations fund created in section	53873
3701.83 of the Revised Code for use only in administering and	53874
enforcing this chapter and rules adopted under it.	53875

(F)(1) Except as otherwise provided in this section, the	53876
results of an inspection or investigation of a home that is	53877
conducted under this section, including any statement of	53878
deficiencies and all findings and deficiencies cited in the	53879
statement on the basis of the inspection or investigation, shall	53880
be used solely to determine the home's compliance with this	53881
chapter or another chapter of the Revised Code in any action or	53882
proceeding other than an action commenced under division (I) of	53883
section 3721.17 of the Revised Code. Those results of an	53884
inspection or investigation, that statement of deficiencies, and	53885
the findings and deficiencies cited in that statement shall not be	53886
used in any court or in any action or proceeding that is pending	53887
in any court and are not admissible in evidence in any action or	53888
proceeding unless that action or proceeding is an appeal of an	53889
action by the department of health under this chapter or is an	53890
action by any department or agency of the state to enforce this	53891
chapter or another chapter of the Revised Code.	53892

(2) Nothing in division (E)(1) of this section prohibits the	53893
results of an inspection or investigation conducted under this	53894
section from being used in a criminal investigation or	53895
prosecution.	53896

Sec. 3721.022. (A) As used in this section:

53897

(1) "Nursing facility" has the same meaning as in section	53898
~~5111.20~~5165.01 of the Revised Code.	53899

(2) "Deficiency" and "survey" have the same meanings as in	53900
section ~~5111.35~~5165.60 of the Revised Code.	53901

(3) "Title XIX" and "Title XVIII" have the same meanings as	53902
in section 5165.01 of the Revised Code.	53903

(B) The department of health is hereby designated the state	53904
agency responsible for establishing and maintaining health	53905
standards and serving as the state survey agency for the purposes	53906
of ~~Titles~~Title XVIII and Title XIX ~~of the "Social Security Act,"~~	53907
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~. The department	53908
shall carry out these functions in accordance with the	53909
regulations, guidelines, and procedures issued under ~~Titles~~Title	53910
XVIII and Title XIX by the United States secretary of health and	53911
human services and with sections ~~5111.35~~5165.60 to ~~5111.62~~	53912
5165.89 of the Revised Code. The director of health shall enter	53913
into agreements with regard to these functions with the department	53914
of ~~job and family services~~medicaid and the United States	53915
department of health and human services. The director may also	53916
enter into agreements with the department of ~~job and family~~	53917
~~services~~medicaid under which the department of health is	53918
designated to perform functions under sections ~~5111.35~~5165.60 to	53919
~~5111.62~~5165.89 of the Revised Code.	53920

The director, in accordance with Chapter 119. of the Revised	53921
Code, shall adopt rules necessary to implement the survey and	53922
certification requirements for skilled nursing facilities and	53923
nursing facilities established by the United States secretary of	53924
health and human services under ~~Titles~~Title XVIII and Title XIX	53925
~~of the "Social Security Act,"~~ and the survey requirements	53926
established under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of	53927
the Revised Code. The rules shall include an informal process by	53928
which a facility may obtain up to two reviews of any deficiencies	53929
that have been cited on a statement of deficiencies made by the	53930
department of health under 42 C.F.R. Part 488 and cause the	53931
facility to be in noncompliance as defined in 42 C.F.R. 488.301.	53932
The first review shall be conducted by an employee of the	53933
department who did not participate in and was not otherwise	53934
involved in any way with the survey. A facility that is not	53935
satisfied with the results of a first review may receive a second	53936
review on payment of a fee to the department. The amount of the	53937
fee shall be specified in rules adopted under this section. The	53938
fee shall be deposited into the state treasury to the credit of	53939
the general operations fund created in section 3701.83 of the	53940
Revised Code for use in the implementation of this section. The	53941
second review shall be conducted by either of the following as	53942
selected by the facility: a hearing officer employed by the	53943
department or a hearing officer included on a list the department	53944
shall provide the facility. A final determination that any	53945
deficiency citation is unjustified shall be reflected clearly in	53946
all records relating to the survey.	53947

The director need not adopt as rules any of the regulations,	53948
guidelines, or procedures issued under ~~Titles~~Title XVIII and	53949
Title XIX ~~of the "Social Security Act"~~ by the United States	53950
secretary of health and human services.	53951

Sec. 3721.024. As used in this section, "nursing facility"	53952
has the same meaning as in section ~~5111.20~~5165.01 of the Revised	53953
Code.	53954

The department of health may establish a program of	53955
recognition of nursing facilities that provide the highest quality	53956
care to residents who are medicaid recipients ~~of medical~~	53957
~~assistance under Chapter 5111. of the Revised Code~~. The program	53958
may be funded with public funds appropriated by the general	53959
assembly for the purpose of the program or any funds appropriated	53960
for nursing home licensure.	53961

Sec. 3721.026. (A) As used in this section and section	53962
3721.027 of the Revised Code, "nursing facility" and "survey" have	53963
the same meanings as in section ~~5111.35~~5165.60 of the Revised	53964
Code.	53965

(B) The director of health shall establish a unit within the	53966
department of health to provide advice and technical assistance	53967
and to conduct on-site visits to nursing facilities for the	53968
purpose of improving resident outcomes. The director shall assign	53969
to the unit employees who have training or experience in	53970
conducting or supervising surveys, but employees assigned to the	53971
unit shall not conduct surveys. The director shall adopt rules in	53972
accordance with Chapter 119. of the Revised Code to implement this	53973
section and shall consult with interested parties in developing	53974
the rules. Technical assistance reports are not public records	53975
under section 149.43 of the Revised Code and shall not be	53976
distributed to any person outside the unit except:	53977

(1) The nursing facility that is provided with the technical	53978
assistance;	53979

(2) Persons charged with inspecting nursing facilities under	53980
section 3721.02 of the Revised Code or with conducting surveys or	53981
reviews of nursing facilities under section 3721.022 of the	53982
Revised Code whenever any such person finds that there is serious	53983
harm to resident health or safety that is more than isolated at	53984
the nursing facility.	53985

The provisions of this section and rules adopted under this	53986
section do not affect the department's authority to administer and	53987
enforce other sections of this chapter.	53988

(C) On or before the last day of December each year, the	53989
director shall submit a report to the governor and the general	53990
assembly describing the unit's activities that year and its	53991
effectiveness in improving resident outcomes.	53992

Sec. 3721.042. The director of health may not deny a nursing	53993
home license to a facility seeking a license under this chapter as	53994
a nursing home on the grounds that the facility does not satisfy a	53995
requirement established in rules adopted under section 3721.04 of	53996
the Revised Code regarding the toilet rooms and dining and	53997
recreational areas of nursing homes if all of the following	53998
requirements are met:	53999

(A) The facility seeks a license under this chapter because	54000
it is a county home or district home being sold under section	54001
5155.31 of the Revised Code to a person who may not operate the	54002
facility without a nursing home license under this chapter.	54003

(B) The requirement would not have applied to the facility	54004
had the facility been a nursing home first licensed under this	54005
chapter before October 20, 2001.	54006

(C) The facility was a nursing facility, as defined in	54007
section ~~5111.20~~5165.01 of the Revised Code, on the date	54008
immediately preceding the date the facility is sold to the person	54009
seeking the license.	54010

Sec. 3721.071. The buildings in which a home is housed shall	54011
be equipped with both an automatic fire extinguishing system and	54012
fire alarm system. Such systems shall conform to standards set	54013
forth in the regulations of the board of building standards and	54014
the state fire marshal.	54015

The time for compliance with the requirements imposed by this	54016
section shall be January 1, 1975, except that the date for	54017
compliance with the automatic fire extinguishing requirements is	54018
extended to January 1, 1976, provided the buildings of the home	54019
are otherwise in compliance with fire safety laws and regulations	54020
and:	54021

(A) The home within thirty days after August 4, 1975, files a	54022
written plan with the state fire marshal's office that:	54023

(1) Outlines the interim safety procedures which shall be	54024
carried out to reduce the possibility of a fire;	54025

(2) Provides evidence that the home has entered into an	54026
agreement for a fire safety inspection to be conducted not less	54027
than monthly by a qualified independent safety engineer consultant	54028
or a township, municipal, or other legally constituted fire	54029
department, or by a township or municipal fire prevention officer;	54030

(3) Provides verification that the home has entered into a	54031
valid contract for the installation of an automatic fire	54032
extinguishing system or fire alarm system, or both, as required to	54033
comply with this section;	54034

(4) Includes a statement regarding the expected date for the	54035
completion of the fire extinguishing system or fire alarm system,	54036
or both.	54037

(B) Inspections by a qualified independent safety engineer	54038
consultant or a township, municipal, or other legally constituted	54039
fire department, or by a township or municipal fire prevention	54040
officer are initiated no later than sixty days after August 4,	54041
1975, and are conducted no less than monthly thereafter, and	54042
reports of the consultant, fire department, or fire prevention	54043
officer identifying existing hazards and recommended corrective	54044
actions are submitted to the state fire marshal, the division of	54045
industrial compliance in the department of commerce, and the	54046
department of health.	54047

It is the express intent of the general assembly that the	54048
department of ~~job and family services~~medicaid shall terminate	54049
~~payments under Title XIX of the "Social Security Act," 49 Stat.~~	54050
~~620 (1935), 42 U.S.C. 301, as amended, to~~the medicaid provider	54051
agreements of those homes ~~which~~that do not comply with the	54052
requirements of this section for the submission of a written fire	54053
safety plan and the deadline for entering into contracts for the	54054
installation of systems.	54055

Sec. 3721.072. (A) As used in this section:

54056

(1) "Advance care planning" means providing each nursing home	54057
resident, or the resident's sponsor if the resident is unable to	54058
participate, on admission to the nursing home and quarterly	54059
thereafter, with the opportunity to discuss the resident's care	54060
goals.	54061

(2) "Overhead paging" means sending audible announcements via	54062
an electronic sound amplification and distribution system	54063
throughout part or all of a nursing home to staff, residents,	54064
residents' families, or others.	54065

(3) "Quality improvement project" means a project listed by	54066
the department of aging under the nursing home quality initiative	54067
established under section 173.51 of the Revised Code.	54068

(B) Beginning July 1, 2013, each nursing home shall	54069
participate in at least one quality improvement project every two	54070
years.	54071

(C) Beginning July 1, 2015, each nursing home shall	54072
participate in advance care planning with all residents or their	54073
sponsors.	54074

(D) Beginning July 1, 2015, each nursing home shall prohibit	54075
the use of overhead paging within the nursing home, except that	54076
the nursing home may permit the use of overhead paging for matters	54077
of urgent public safety or urgent clinical operations. The nursing	54078
home shall develop a written policy regarding its use of overhead	54079
paging and make the policy available to staff, residents, and	54080
residents' families.	54081

Sec. 3721.08. (A) As used in this section, "real and present	54082
danger" means imminent danger of serious physical or	54083
life-threatening harm to one or more occupants of a home.	54084

(B) The director of health may petition the court of common	54085
pleas of the county in which the home is located for an order	54086
enjoining any person from operating a home without a license or	54087
enjoining a county home or district home that has had its license	54088
revoked from continuing to operate. The court shall have	54089
jurisdiction to grant such injunctive relief upon a showing that	54090
the respondent named in the petition is operating a home without a	54091
license or that the county home or district home named in the	54092
petition is operating despite the revocation of its license. The	54093
court shall have jurisdiction to grant such injunctive relief	54094
against the operation of a home without a valid license regardless	54095
of whether the home meets essential licensing requirements.	54096

(C) Unless the department of ~~job and family services~~medicaid	54097
or contracting agency has taken action under section ~~5111.51~~	54098
5165.77 of the Revised Code to appoint a temporary manager or seek	54099
injunctive relief, if, in the judgment of the director of health,	54100
real and present danger exists at any home, the director may	54101
petition the court of common pleas of the county in which the home	54102
is located for such injunctive relief as is necessary to close the	54103
home, transfer one or more occupants to other homes or other	54104
appropriate care settings, or otherwise eliminate the real and	54105
present danger. The court shall have the jurisdiction to grant	54106
such injunctive relief upon a showing that there is real and	54107
present danger.	54108

(D)(1) If the director determines that real and present	54109
danger exists at a home and elects not to immediately seek	54110
injunctive relief under division (C) of this section, the director	54111
may give written notice of proposed action to the home. The notice	54112
shall specify all of the following:	54113

(a) The nature of the conditions giving rise to the real and	54114
present danger;	54115

(b) The measures that the director determines the home must	54116
take to respond to the conditions;	54117

(c) The date on which the director intends to seek injunctive	54118
relief under division (C) of this section if the director	54119
determines that real and present danger exists at the home.	54120

(2) If the home notifies the director, within the time	54121
specified pursuant to division (D)(1)(c) of this section, that it	54122
believes the conditions giving rise to the real and present danger	54123
have been substantially corrected, the director shall conduct an	54124
inspection to determine whether real and present danger exists. If	54125
the director determines on the basis of the inspection that real	54126
and present danger exists, the director may petition under	54127
division (C) of this section for injunctive relief.	54128

(E)(1) If in the judgment of the director of health	54129
conditions exist at a home that will give rise to real and present	54130
danger if not corrected, the director shall give written notice of	54131
proposed action to the home. The notice shall specify all of the	54132
following:	54133

(a) The nature of the conditions giving rise to the	54134
director's judgment;	54135

(b) The measures that the director determines the home must	54136
take to respond to the conditions;	54137

(c) The date, which shall be no less than ten days after the	54138
notice is delivered, on which the director intends to seek	54139
injunctive relief under division (C) of this section if the	54140
conditions are not substantially corrected and the director	54141
determines that a real and present danger exists.	54142

(2) If the home notifies the director, within the period of	54143
time specified pursuant to division (E)(1)(c) of this section,	54144
that the conditions giving rise to the director's determination	54145
have been substantially corrected, the director shall conduct an	54146
inspection. If the director determines on the basis of the	54147
inspection that the conditions have not been corrected and a real	54148
and present danger exists, the director may petition under	54149
division (C) of this section for injunctive relief.	54150

(F)(1) A court that grants injunctive relief under division	54151
(C) of this section may also appoint a special master who, subject	54152
to division (F)(2) of this section, shall have such powers and	54153
authority over the home and length of appointment as the court	54154
considers necessary. Subject to division (F)(2) of this section,	54155
the salary of a special master and any costs incurred by a special	54156
master shall be the obligation of the home.	54157

(2) No special master shall enter into any employment	54158
contract on behalf of a home, or purchase with the home's funds	54159
any capital goods totaling more than ten thousand dollars, unless	54160
the special master has obtained approval for the contract or	54161
purchase from the home's operator or the court.	54162

(G) If the director takes action under division (C), (D), or	54163
(E) of this section, the director may also appoint employees of	54164
the department of health to conduct on-site monitoring of the	54165
home. Appointment of monitors is not subject to appeal under	54166
Chapter 119. or any other section of the Revised Code. No employee	54167
of a home for which monitors are appointed, no person employed by	54168
the home within the previous two years, and no person who	54169
currently has a consulting contract with the department or a home,	54170
shall be appointed under this division. Every monitor shall have	54171
the professional qualifications necessary to monitor correction of	54172
the conditions that give rise to or, in the director's judgment,	54173
will give rise to real and present danger. The number of monitors	54174
present at a home at any given time shall not exceed one for every	54175
fifty residents, or fraction thereof.	54176

(H) On finding that the real and present danger for which	54177
injunctive relief was granted under division (C) of this section	54178
has been eliminated and that the home's operator has demonstrated	54179
the capacity to prevent the real and present danger from	54180
recurring, the court shall terminate its jurisdiction over the	54181
home and return control and management of the home to the	54182
operator. If the real and present danger cannot be eliminated	54183
practicably within a reasonable time following appointment of a	54184
special master, the court may order the special master to close	54185
the home and transfer all residents to other homes or other	54186
appropriate care settings.	54187

(I) The director of health shall give notice of proposed	54188
action under divisions (D) and (E) of this section to both of the	54189
following:	54190

(1) The home's administrator;

54191

(2) If the home is operated by an organization described in	54192
subsection 501(c)(3) and tax exempt under subsection 501(a) of the	54193
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	54194
amended, the board of trustees of the organization; or, if the	54195
home is not operated by such an organization, the owner of the	54196
home.	54197

Notices shall be delivered by certified mail or hand	54198
delivery. If notices are mailed, they shall be addressed to the	54199
persons specified in divisions (I)(1) and (2) of this section, as	54200
indicated in the department of health's records. If they are hand	54201
delivered, they shall be delivered to persons who would reasonably	54202
appear to the average prudent person to have authority to accept	54203
them.	54204

(J) If ownership of a home is assigned or transferred to a	54205
different person, the new owner is responsible and liable for	54206
compliance with any notice of proposed action or order issued	54207
under this section prior to the effective date of the assignment	54208
or transfer.	54209

Sec. 3721.10. As used in sections 3721.10 to 3721.18 of the	54210
Revised Code:	54211

(A) "Home" means all of the following:

54212

(1) A home as defined in section 3721.01 of the Revised Code;

54213

(2) Any facility or part of a facility not defined as a home	54214
under section 3721.01 of the Revised Code that is ~~certified as~~ a	54215
skilled nursing facility ~~under Title XVIII of the "Social Security~~	54216
~~Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395 and 1396, as amended,~~	54217
~~or as a~~or nursing facility, both as defined in section ~~5111.20~~	54218
5165.01 of the Revised Code;	54219

(3) A county home or district home operated pursuant to	54220
Chapter 5155. of the Revised Code.	54221

(B) "Resident" means a resident or a patient of a home.

54222

54223

(1) With respect to a home as defined in section 3721.01 of	54224
the Revised Code, a nursing home administrator as defined in	54225
section 4751.01 of the Revised Code;	54226

(2) With respect to a facility or part of a facility not	54227
defined as a home in section 3721.01 of the Revised Code that is	54228
authorized to provide skilled nursing facility or nursing facility	54229
services, the administrator of the facility or part of a facility;	54230

(3) With respect to a county home or district home, the	54231
superintendent appointed under Chapter 5155. of the Revised Code.	54232

(D) "Sponsor" means an adult relative, friend, or guardian of	54233
a resident who has an interest or responsibility in the resident's	54234
welfare.	54235

(E) "Residents' rights advocate" means:

54236

(1) An employee or representative of any state or local	54237
government entity that has a responsibility regarding residents	54238
and that has registered with the department of health under	54239
division (B) of section 3701.07 of the Revised Code;	54240

(2) An employee or representative of any private nonprofit	54241
corporation or association that qualifies for tax-exempt status	54242
under section 501(a) of the "Internal Revenue Code of 1986," 100	54243
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	54244
with the department of health under division (B) of section	54245
3701.07 of the Revised Code and whose purposes include educating	54246
and counseling residents, assisting residents in resolving	54247
problems and complaints concerning their care and treatment, and	54248
assisting them in securing adequate services to meet their needs;	54249

(3) A member of the general assembly.

54250

(F) "Physical restraint" means, but is not limited to, any	54251
article, device, or garment that interferes with the free movement	54252
of the resident and that the resident is unable to remove easily,	54253
a geriatric chair, or a locked room door.	54254

(G) "Chemical restraint" means any medication bearing the	54255
American hospital formulary service therapeutic class 4.00,	54256
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	54257
central nervous system in a manner that limits physical and	54258
cognitive functioning to the degree that the resident cannot	54259
attain the resident's highest practicable physical, mental, and	54260
psychosocial well-being.	54261

(H) "Ancillary service" means, but is not limited to,	54262
podiatry, dental, hearing, vision, physical therapy, occupational	54263
therapy, speech therapy, and psychological and social services.	54264

(I) "Facility" means a facility, or part of a facility,	54265
certified as a nursing facility or skilled nursing facility ~~under~~	54266
~~Title XVIII or Title XIX of the "Social Security Act~~, both as	54267
defined in section 5165.01 of the Revised Code." "Facility" does	54268
not include an intermediate care facility for ~~the mentally~~	54269
~~retarded~~individuals with intellectual disabilities, as defined in	54270
section ~~5111.20~~5124.01 of the Revised Code.	54271

~~(J) "Medicare" means the program established by Title XVIII~~	54272
~~of the "Social Security Act."~~	54273

~~(K) "Medicaid" means the program established by Title XIX of~~	54274
~~the "Social Security Act" and Chapter 5111. of the Revised Code.~~	54275

Sec. 3721.12. (A) The administrator of a home shall:

54276

(1) With the advice of residents, their sponsors, or both,	54277
establish and review at least annually, written policies regarding	54278
the applicability and implementation of residents' rights under	54279
sections 3721.10 to 3721.17 of the Revised Code, the	54280
responsibilities of residents regarding the rights, and the home's	54281
grievance procedure established under division (A)(2) of this	54282
section. The administrator is responsible for the development of,	54283
and adherence to, procedures implementing the policies.	54284

(2) Establish a grievance committee for review of complaints	54285
by residents. The grievance committee shall be comprised of the	54286
home's staff and residents, sponsors, or outside representatives	54287
in a ratio of not more than one staff member to every two	54288
residents, sponsors, or outside representatives.	54289

(3) Furnish to each resident and sponsor prior to or at the	54290
time of admission, and to each member of the home's staff, at	54291
least one of each of the following:	54292

(a) A copy of the rights established under sections 3721.10	54293
to 3721.17 of the Revised Code;	54294

(b) A written explanation of the provisions of sections	54295
3721.16 to 3721.162 of the Revised Code;	54296

(c) A copy of the home's policies and procedures established	54297
under this section;	54298

(d) A copy of the home's rules;

54299

(e) A copy of the addresses and telephone numbers of the	54300
board of health of the health district of the county in which the	54301
home is located, the county department of job and family services	54302
of the county in which the home is located, the state departments	54303
of health and ~~job and family services~~medicaid, the state and	54304
local offices of the department of aging, and any Ohio nursing	54305
home ombudsperson program.	54306

(B) Written acknowledgment of the receipt of copies of the	54307
materials listed in this section shall be made part of the	54308
resident's record and the staff member's personnel record.	54309

(C) The administrator shall post all of the following	54310
prominently within the home:	54311

(1) A copy of the rights of residents as listed in division	54312
(A) of section 3721.13 of the Revised Code;	54313

(2) A copy of the home's rules and its policies and	54314
procedures regarding the rights and responsibilities of residents;	54315

(3) A notice that a copy of this chapter, rules of the	54316
department of health applicable to the home, and federal	54317
regulations adopted under the medicare and medicaid programs, and	54318
the materials required to be available in the home under section	54319
3721.021 of the Revised Code, are available for inspection in the	54320
home at reasonable hours;	54321

(4) A list of residents' rights advocates;

54322

(5) A notice that the following are available in a place	54323
readily accessible to residents:	54324

(a) If the home is licensed under section 3721.02 of the	54325
Revised Code, a copy of the most recent licensure inspection	54326
report prepared for the home under that section;	54327

(b) If the home is a facility, a copy of the most recent	54328
statement of deficiencies issued to the home under section ~~5111.42~~	54329
5165.68 of the Revised Code.	54330

(D) The administrator of a home may, with the advice of	54331
residents, their sponsors, or both, establish written policies	54332
regarding the applicability and administration of any additional	54333
residents' rights beyond those set forth in sections 3721.10 to	54334
3721.17 of the Revised Code, and the responsibilities of residents	54335
regarding the rights. Policies established under this division	54336
shall be reviewed, and procedures developed and adhered to as in	54337
division (A)(1) of this section.	54338

Sec. 3721.13. (A) The rights of residents of a home shall	54339
include, but are not limited to, the following:	54340

(1) The right to a safe and clean living environment pursuant	54341
to the medicare and medicaid programs and applicable state laws	54342
and rules adopted by the director of health;	54343

(2) The right to be free from physical, verbal, mental, and	54344
emotional abuse and to be treated at all times with courtesy,	54345
respect, and full recognition of dignity and individuality;	54346

(3) Upon admission and thereafter, the right to adequate and	54347
appropriate medical treatment and nursing care and to other	54348
ancillary services that comprise necessary and appropriate care	54349
consistent with the program for which the resident contracted.	54350
This care shall be provided without regard to considerations such	54351
as race, color, religion, national origin, age, or source of	54352
payment for care.	54353

(4) The right to have all reasonable requests and inquiries	54354
responded to promptly;	54355

(5) The right to have clothes and bed sheets changed as the	54356
need arises, to ensure the resident's comfort or sanitation;	54357

(6) The right to obtain from the home, upon request, the name	54358
and any specialty of any physician or other person responsible for	54359
the resident's care or for the coordination of care;	54360

(7) The right, upon request, to be assigned, within the	54361
capacity of the home to make the assignment, to the staff	54362
physician of the resident's choice, and the right, in accordance	54363
with the rules and written policies and procedures of the home, to	54364
select as the attending physician a physician who is not on the	54365
staff of the home. If the cost of a physician's services is to be	54366
met under a federally supported program, the physician shall meet	54367
the federal laws and regulations governing such services.	54368

(8) The right to participate in decisions that affect the	54369
resident's life, including the right to communicate with the	54370
physician and employees of the home in planning the resident's	54371
treatment or care and to obtain from the attending physician	54372
complete and current information concerning medical condition,	54373
prognosis, and treatment plan, in terms the resident can	54374
reasonably be expected to understand; the right of access to all	54375
information in the resident's medical record; and the right to	54376
give or withhold informed consent for treatment after the	54377
consequences of that choice have been carefully explained. When	54378
the attending physician finds that it is not medically advisable	54379
to give the information to the resident, the information shall be	54380
made available to the resident's sponsor on the resident's behalf,	54381
if the sponsor has a legal interest or is authorized by the	54382
resident to receive the information. The home is not liable for a	54383
violation of this division if the violation is found to be the	54384
result of an act or omission on the part of a physician selected	54385
by the resident who is not otherwise affiliated with the home.	54386

(9) The right to withhold payment for physician visitation if	54387
the physician did not visit the resident;	54388

(10) The right to confidential treatment of personal and	54389
medical records, and the right to approve or refuse the release of	54390
these records to any individual outside the home, except in case	54391
of transfer to another home, hospital, or health care system, as	54392
required by law or rule, or as required by a third-party payment	54393
contract;	54394

(11) The right to privacy during medical examination or	54395
treatment and in the care of personal or bodily needs;	54396

(12) The right to refuse, without jeopardizing access to	54397
appropriate medical care, to serve as a medical research subject;	54398

(13) The right to be free from physical or chemical	54399
restraints or prolonged isolation except to the minimum extent	54400
necessary to protect the resident from injury to self, others, or	54401
to property and except as authorized in writing by the attending	54402
physician for a specified and limited period of time and	54403
documented in the resident's medical record. Prior to authorizing	54404
the use of a physical or chemical restraint on any resident, the	54405
attending physician shall make a personal examination of the	54406
resident and an individualized determination of the need to use	54407
the restraint on that resident.	54408

Physical or chemical restraints or isolation may be used in	54409
an emergency situation without authorization of the attending	54410
physician only to protect the resident from injury to self or	54411
others. Use of the physical or chemical restraints or isolation	54412
shall not be continued for more than twelve hours after the onset	54413
of the emergency without personal examination and authorization by	54414
the attending physician. The attending physician or a staff	54415
physician may authorize continued use of physical or chemical	54416
restraints for a period not to exceed thirty days, and at the end	54417
of this period and any subsequent period may extend the	54418
authorization for an additional period of not more than thirty	54419
days. The use of physical or chemical restraints shall not be	54420
continued without a personal examination of the resident and the	54421
written authorization of the attending physician stating the	54422
reasons for continuing the restraint.	54423

If physical or chemical restraints are used under this	54424
division, the home shall ensure that the restrained resident	54425
receives a proper diet. In no event shall physical or chemical	54426
restraints or isolation be used for punishment, incentive, or	54427
convenience.	54428

(14) The right to the pharmacist of the resident's choice and	54429
the right to receive pharmaceutical supplies and services at	54430
reasonable prices not exceeding applicable and normally accepted	54431
prices for comparably packaged pharmaceutical supplies and	54432
services within the community;	54433

(15) The right to exercise all civil rights, unless the	54434
resident has been adjudicated incompetent pursuant to Chapter	54435
2111. of the Revised Code and has not been restored to legal	54436
capacity, as well as the right to the cooperation of the home's	54437
administrator in making arrangements for the exercise of the right	54438
to vote;	54439

(16) The right of access to opportunities that enable the	54440
resident, at the resident's own expense or at the expense of a	54441
third-party payer, to achieve the resident's fullest potential,	54442
including educational, vocational, social, recreational, and	54443
habilitation programs;	54444

(17) The right to consume a reasonable amount of alcoholic	54445
beverages at the resident's own expense, unless not medically	54446
advisable as documented in the resident's medical record by the	54447
attending physician or unless contradictory to written admission	54448
policies;	54449

(18) The right to use tobacco at the resident's own expense	54450
under the home's safety rules and under applicable laws and rules	54451
of the state, unless not medically advisable as documented in the	54452
resident's medical record by the attending physician or unless	54453
contradictory to written admission policies;	54454

(19) The right to retire and rise in accordance with the	54455
resident's reasonable requests, if the resident does not disturb	54456
others or the posted meal schedules and upon the home's request	54457
remains in a supervised area, unless not medically advisable as	54458
documented by the attending physician;	54459

(20) The right to observe religious obligations and	54460
participate in religious activities; the right to maintain	54461
individual and cultural identity; and the right to meet with and	54462
participate in activities of social and community groups at the	54463
resident's or the group's initiative;	54464

(21) The right upon reasonable request to private and	54465
unrestricted communications with the resident's family, social	54466
worker, and any other person, unless not medically advisable as	54467
documented in the resident's medical record by the attending	54468
physician, except that communications with public officials or	54469
with the resident's attorney or physician shall not be restricted.	54470
Private and unrestricted communications shall include, but are not	54471
limited to, the right to:	54472

(a) Receive, send, and mail sealed, unopened correspondence;

54473

(b) Reasonable access to a telephone for private	54474
communications;	54475

54476

(22) The right to assured privacy for visits by the spouse,	54477
or if both are residents of the same home, the right to share a	54478
room within the capacity of the home, unless not medically	54479
advisable as documented in the resident's medical record by the	54480
attending physician;	54481

(23) The right upon reasonable request to have room doors	54482
closed and to have them not opened without knocking, except in the	54483
case of an emergency or unless not medically advisable as	54484
documented in the resident's medical record by the attending	54485
physician;	54486

(24) The right to retain and use personal clothing and a	54487
reasonable amount of possessions, in a reasonably secure manner,	54488
unless to do so would infringe on the rights of other residents or	54489
would not be medically advisable as documented in the resident's	54490
medical record by the attending physician;	54491

(25) The right to be fully informed, prior to or at the time	54492
of admission and during the resident's stay, in writing, of the	54493
basic rate charged by the home, of services available in the home,	54494
and of any additional charges related to such services, including	54495
charges for services not covered under the medicare or medicaid	54496
program. The basic rate shall not be changed unless thirty days'	54497
notice is given to the resident or, if the resident is unable to	54498
understand this information, to the resident's sponsor.	54499

(26) The right of the resident and person paying for the care	54500
to examine and receive a bill at least monthly for the resident's	54501
care from the home that itemizes charges not included in the basic	54502
rates;	54503

(27)(a) The right to be free from financial exploitation;

54504

(b) The right to manage the resident's own personal financial	54505
affairs, or, if the resident has delegated this responsibility in	54506
writing to the home, to receive upon written request at least a	54507
quarterly accounting statement of financial transactions made on	54508
the resident's behalf. The statement shall include:	54509

(i) A complete record of all funds, personal property, or	54510
possessions of a resident from any source whatsoever, that have	54511
been deposited for safekeeping with the home for use by the	54512
resident or the resident's sponsor;	54513

(ii) A listing of all deposits and withdrawals transacted,	54514
which shall be substantiated by receipts which shall be available	54515
for inspection and copying by the resident or sponsor.	54516

(28) The right of the resident to be allowed unrestricted	54517
access to the resident's property on deposit at reasonable hours,	54518
unless requests for access to property on deposit are so	54519
persistent, continuous, and unreasonable that they constitute a	54520
nuisance;	54521

(29) The right to receive reasonable notice before the	54522
resident's room or roommate is changed, including an explanation	54523
of the reason for either change.	54524

(30) The right not to be transferred or discharged from the	54525
home unless the transfer is necessary because of one of the	54526
following:	54527

(a) The welfare and needs of the resident cannot be met in	54528
the home.	54529

(b) The resident's health has improved sufficiently so that	54530
the resident no longer needs the services provided by the home.	54531

54532

(d) The health of individuals in the home would otherwise be	54533
endangered.	54534

(e) The resident has failed, after reasonable and appropriate	54535
notice, to pay or to have the medicare or medicaid program pay on	54536
the resident's behalf, for the care provided by the home. A	54537
resident shall not be considered to have failed to have the	54538
resident's care paid for if the resident has applied for medicaid,	54539
unless both of the following are the case:	54540

(i) The resident's application, or a substantially similar	54541
previous application, has been denied ~~by the county department of~~	54542
~~job and family services~~.	54543

(ii) If the resident appealed the denial ~~pursuant to division~~	54544
~~(C) of section 5101.35 of the Revised Code~~, ~~the director of job~~	54545
~~and family services has upheld~~ the denial was upheld.	54546

(f) The home's license has been revoked, the home is being	54547
closed pursuant to section 3721.08, sections ~~5111.35~~5165.60 to	54548
~~5111.62~~5165.89, or section 5155.31 of the Revised Code, or the	54549
home otherwise ceases to operate.	54550

(g) The resident is a recipient of medicaid, and the home's	54551
participation in the medicaid program is involuntarily terminated	54552
or denied.	54553

(h) The resident is a beneficiary under the medicare program,	54554
and the home's participation in the medicare program is	54555
involuntarily terminated or denied.	54556

(31) The right to voice grievances and recommend changes in	54557
policies and services to the home's staff, to employees of the	54558
department of health, or to other persons not associated with the	54559
operation of the home, of the resident's choice, free from	54560
restraint, interference, coercion, discrimination, or reprisal.	54561
This right includes access to a residents' rights advocate, and	54562
the right to be a member of, to be active in, and to associate	54563
with persons who are active in organizations of relatives and	54564
friends of nursing home residents and other organizations engaged	54565
in assisting residents.	54566

(32) The right to have any significant change in the	54567
resident's health status reported to the resident's sponsor. As	54568
soon as such a change is known to the home's staff, the home shall	54569
make a reasonable effort to notify the sponsor within twelve	54570
hours.	54571

(B) A sponsor may act on a resident's behalf to assure that	54572
the home does not deny the residents' rights under sections	54573
3721.10 to 3721.17 of the Revised Code.	54574

(C) Any attempted waiver of the rights listed in division (A)	54575
of this section is void.	54576

Sec. 3721.14. To assist in the implementation of the rights	54577
granted in division (A) of section 3721.13 of the Revised Code,	54578
each home shall provide:	54579

(A) Appropriate staff training to implement each resident's	54580
rights under division (A) of section 3721.13 of the Revised Code,	54581
including, but not limited to, explaining:	54582

(1) The resident's rights and the staff's responsibility in	54583
the implementation of the rights;	54584

(2) The staff's obligation to provide all residents who have	54585
similar needs with comparable service.	54586

(B) Arrangements for a resident's needed ancillary services;

54587

(C) Protected areas outside the home for residents to enjoy	54588
outdoor activity, within the capacity of the facility, consistent	54589
with applicable laws and rules;	54590

(D) Adequate indoor space, which need not be dedicated to	54591
that purpose, for families of residents to meet privately with	54592
families of other residents;	54593

(E) Access to the following persons to enter the home during	54594
reasonable hours, except where such access would interfere with	54595
resident care or the privacy of residents:	54596

(1) Employees of the department of health, department of	54597
~~mental health~~mental health and addiction services, department of	54598
developmental disabilities, department of aging, department of job	54599
and family services, and county departments of job and family	54600
services;	54601

(2) Prospective residents and their sponsors;

54602

(3) A resident's sponsors;

54603

(4) Residents' rights advocates;

54604

(5) A resident's attorney;

54605

(6) A minister, priest, rabbi, or other person ministering to	54606
a resident's religious needs.	54607

(F) In writing, a description of the home's grievance	54608
procedures.	54609

Sec. 3721.15. (A) Authorization from a resident or a sponsor	54610
with a power of attorney for a home to manage the resident's	54611
financial affairs shall be in writing and shall be attested to by	54612
a witness who is not connected in any manner whatsoever with the	54613
home or its administrator. The home shall maintain accounts	54614
pursuant to division (A)(27) of section 3721.13 of the Revised	54615
Code. Upon the resident's transfer, discharge, or death, the	54616
account shall be closed and a final accounting made. All remaining	54617
funds shall be returned to the resident or resident's sponsor,	54618
except in the case of death, when all remaining funds shall be	54619
transferred or used in accordance with section ~~5111.113~~5162.22 of	54620
the Revised Code.	54621

(B) A home that manages a resident's financial affairs shall	54622
deposit the resident's funds in excess of one hundred dollars, and	54623
may deposit the resident's funds that are one hundred dollars or	54624
less, in an interest-bearing account separate from any of the	54625
home's operating accounts. Interest earned on the resident's funds	54626
shall be credited to the resident's account. A resident's funds	54627
that are one hundred dollars or less and have not been deposited	54628
in an interest-bearing account may be deposited in a	54629
noninterest-bearing account or petty cash fund.	54630

(C) Each resident whose financial affairs are managed by a	54631
home shall be promptly notified by the home when the total of the	54632
amount of funds in the resident's accounts and the petty cash fund	54633
plus other nonexempt resources reaches two hundred dollars less	54634
than the maximum amount permitted a recipient of medicaid. The	54635
notice shall include an explanation of the potential effect on the	54636
resident's eligibility for medicaid if the amount in the	54637
resident's accounts and the petty cash fund, plus the value of	54638
other nonexempt resources, exceeds the maximum assets a medicaid	54639
recipient may retain.	54640

(D) Each home that manages the financial affairs of residents	54641
shall purchase a surety bond or otherwise provide assurance	54642
satisfactory to the director of health, or, in the case of a home	54643
that participates in the medicaid program, to the medicaid	54644
director ~~of job and family services~~, to assure the security of all	54645
residents' funds managed by the home.	54646

Sec. 3721.16. For each resident of a home, notice of a	54647
proposed transfer or discharge shall be in accordance with this	54648
section.	54649

(A)(1) The administrator of a home shall notify a resident in	54650
writing, and the resident's sponsor in writing by certified mail,	54651
return receipt requested, in advance of any proposed transfer or	54652
discharge from the home. The administrator shall send a copy of	54653
the notice to the state department of health. The notice shall be	54654
provided at least thirty days in advance of the proposed transfer	54655
or discharge, unless any of the following applies:	54656

(a) The resident's health has improved sufficiently to allow	54657
a more immediate discharge or transfer to a less skilled level of	54658
care;	54659

(b) The resident has resided in the home less than thirty	54660
days;	54661

(c) An emergency arises in which the safety of individuals in	54662
the home is endangered;	54663

(d) An emergency arises in which the health of individuals in	54664
the home would otherwise be endangered;	54665

(e) An emergency arises in which the resident's urgent	54666
medical needs necessitate a more immediate transfer or discharge.	54667

In any of the circumstances described in divisions (A)(1)(a)	54668
to (e) of this section, the notice shall be provided as many days	54669
in advance of the proposed transfer or discharge as is	54670
practicable.	54671

(2) The notice required under division (A)(1) of this section	54672
shall include all of the following:	54673

(a) The reasons for the proposed transfer or discharge;

54674

(b) The proposed date the resident is to be transferred or	54675
discharged;	54676

(c) Subject to division (A)(3) of this section, a proposed	54677
location to which the resident may relocate and a notice that the	54678
resident and resident's sponsor may choose another location to	54679
which the resident will relocate;	54680

(d) Notice of the right of the resident and the resident's	54681
sponsor to an impartial hearing at the home on the proposed	54682
transfer or discharge, and of the manner in which and the time	54683
within which the resident or sponsor may request a hearing	54684
pursuant to section 3721.161 of the Revised Code;	54685

(e) A statement that the resident will not be transferred or	54686
discharged before the date specified in the notice unless the home	54687
and the resident or, if the resident is not competent to make a	54688
decision, the home and the resident's sponsor, agree to an earlier	54689
date;	54690

(f) The address of the legal services office of the	54691
department of health;	54692

(g) The name, address, and telephone number of a	54693
representative of the state long-term care ombudsperson program	54694
and, if the resident or patient has a developmental disability or	54695
mental illness, the name, address, and telephone number of the	54696
Ohio protection and advocacy system.	54697

(3) The proposed location to which a resident may relocate as	54698
specified pursuant to division (A)(2)(c) of this section in the	54699
proposed transfer or discharge notice shall be capable of meeting	54700
the resident's health-care and safety needs. The proposed location	54701
for relocation need not have accepted the resident at the time the	54702
notice is issued to the resident and resident's sponsor.	54703

(B) No home shall transfer or discharge a resident before the	54704
date specified in the notice required by division (A) of this	54705
section unless the home and the resident or, if the resident is	54706
not competent to make a decision, the home and the resident's	54707
sponsor, agree to an earlier date.	54708

(C) Transfer or discharge actions shall be documented in the	54709
resident's medical record by the home if there is a medical basis	54710
for the action.	54711

(D) A resident or resident's sponsor may challenge a transfer	54712
or discharge by requesting an impartial hearing pursuant to	54713
section 3721.161 of the Revised Code, unless the transfer or	54714
discharge is required because of one of the following reasons:	54715

(1) The home's license has been revoked under this chapter;

54716

(2) The home is being closed pursuant to section 3721.08,	54717
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89, or section 5155.31 of	54718
the Revised Code;	54719

(3) The resident is a recipient of medicaid and the home's	54720
participation in the medicaid program has been involuntarily	54721
terminated or denied by the federal government;	54722

(4) The resident is a beneficiary under the medicare program	54723
and the home's certification under the medicare program has been	54724
involuntarily terminated or denied by the federal government.	54725

(E) If a resident is transferred or discharged pursuant to	54726
this section, the home from which the resident is being	54727
transferred or discharged shall provide the resident with adequate	54728
preparation prior to the transfer or discharge to ensure a safe	54729
and orderly transfer or discharge from the home, and the home or	54730
alternative setting to which the resident is to be transferred or	54731
discharged shall have accepted the resident for transfer or	54732
discharge.	54733

(F) At the time of a transfer or discharge of a resident who	54734
is a recipient of medicaid from a home to a hospital or for	54735
therapeutic leave, the home shall provide notice in writing to the	54736
resident and in writing by certified mail, return receipt	54737
requested, to the resident's sponsor, specifying the number of	54738
days, if any, during which the resident will be permitted under	54739
the medicaid program to return and resume residence in the home	54740
and specifying the medicaid program's coverage of the days during	54741
which the resident is absent from the home. An individual who is	54742
absent from a home for more than the number of days specified in	54743
the notice and continues to require the services provided by the	54744
facility shall be given priority for the first available bed in a	54745
semi-private room.	54746

Sec. 3721.17. (A) Any resident who believes that the	54747
resident's rights under sections 3721.10 to 3721.17 of the Revised	54748
Code have been violated may file a grievance under procedures	54749
adopted pursuant to division (A)(2) of section 3721.12 of the	54750
Revised Code.	54751

When the grievance committee determines a violation of	54752
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	54753
shall notify the administrator of the home. If the violation	54754
cannot be corrected within ten days, or if ten days have elapsed	54755
without correction of the violation, the grievance committee shall	54756
refer the matter to the department of health.	54757

(B) Any person who believes that a resident's rights under	54758
sections 3721.10 to 3721.17 of the Revised Code have been violated	54759
may report or cause reports to be made of the information directly	54760
to the department of health. No person who files a report is	54761
liable for civil damages resulting from the report.	54762

(C)(1) Within thirty days of receiving a complaint under this	54763
section, the department of health shall investigate any complaint	54764
referred to it by a home's grievance committee and any complaint	54765
from any source that alleges that the home provided substantially	54766
less than adequate care or treatment, or substantially unsafe	54767
conditions, or, within seven days of receiving a complaint, refer	54768
it to the attorney general, if the attorney general agrees to	54769
investigate within thirty days.	54770

(2) Within thirty days of receiving a complaint under this	54771
section, the department of health may investigate any alleged	54772
violation of sections 3721.10 to 3721.17 of the Revised Code, or	54773
of rules, policies, or procedures adopted pursuant to those	54774
sections, not covered by division (C)(1) of this section, or it	54775
may, within seven days of receiving a complaint, refer the	54776
complaint to the grievance committee at the home where the alleged	54777
violation occurred, or to the attorney general if the attorney	54778
general agrees to investigate within thirty days.	54779

(D) If, after an investigation, the department of health	54780
finds probable cause to believe that a violation of sections	54781
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	54782
procedures adopted pursuant to those sections, has occurred at a	54783
home that is certified under the medicare or medicaid program, it	54784
shall cite one or more findings or deficiencies under sections	54785
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. If the	54786
home is not so certified, the department shall hold an	54787
adjudicative hearing within thirty days under Chapter 119. of the	54788
Revised Code.	54789

(E) Upon a finding at an adjudicative hearing under division	54790
(D) of this section that a violation of sections 3721.10 to	54791
3721.17 of the Revised Code, or of rules, policies, or procedures	54792
adopted pursuant thereto, has occurred, the department of health	54793
shall make an order for compliance, set a reasonable time for	54794
compliance, and assess a fine pursuant to division (F) of this	54795
section. The fine shall be paid to the general revenue fund only	54796
if compliance with the order is not shown to have been made within	54797
the reasonable time set in the order. The department of health may	54798
issue an order prohibiting the continuation of any violation of	54799
sections 3721.10 to 3721.17 of the Revised Code.	54800

Findings at the hearings conducted under this section may be	54801
appealed pursuant to Chapter 119. of the Revised Code, except that	54802
an appeal may be made to the court of common pleas of the county	54803
in which the home is located.	54804

The department of health shall initiate proceedings in court	54805
to collect any fine assessed under this section that is unpaid	54806
thirty days after the violator's final appeal is exhausted.	54807

(F) Any home found, pursuant to an adjudication hearing under	54808
division (D) of this section, to have violated sections 3721.10 to	54809
3721.17 of the Revised Code, or rules, policies, or procedures	54810
adopted pursuant to those sections may be fined not less than one	54811
hundred nor more than five hundred dollars for a first offense.	54812
For each subsequent offense, the home may be fined not less than	54813
two hundred nor more than one thousand dollars.	54814

A violation of sections 3721.10 to 3721.17 of the Revised	54815
Code is a separate offense for each day of the violation and for	54816
each resident who claims the violation.	54817

(G) No home or employee of a home shall retaliate against any	54818
person who:	54819

(1) Exercises any right set forth in sections 3721.10 to	54820
3721.17 of the Revised Code, including, but not limited to, filing	54821
a complaint with the home's grievance committee or reporting an	54822
alleged violation to the department of health;	54823

(2) Appears as a witness in any hearing conducted under this	54824
section or section 3721.162 of the Revised Code;	54825

(3) Files a civil action alleging a violation of sections	54826
3721.10 to 3721.17 of the Revised Code, or notifies a county	54827
prosecuting attorney or the attorney general of a possible	54828
violation of sections 3721.10 to 3721.17 of the Revised Code.	54829

If, under the procedures outlined in this section, a home or	54830
its employee is found to have retaliated, the violator may be	54831
fined up to one thousand dollars.	54832

(H) When legal action is indicated, any evidence of criminal	54833
activity found in an investigation under division (C) of this	54834
section shall be given to the prosecuting attorney in the county	54835
in which the home is located for investigation.	54836

(I)(1)(a) Any resident whose rights under sections 3721.10 to	54837
3721.17 of the Revised Code are violated has a cause of action	54838
against any person or home committing the violation.	54839

(b) An action under division (I)(1)(a) of this section may be	54840
commenced by the resident or by the resident's legal guardian or	54841
other legally authorized representative on behalf of the resident	54842
or the resident's estate. If the resident or the resident's legal	54843
guardian or other legally authorized representative is unable to	54844
commence an action under that division on behalf of the resident,	54845
the following persons in the following order of priority have the	54846
right to and may commence an action under that division on behalf	54847
of the resident or the resident's estate:	54848

(i) The resident's spouse;

54849

(ii) The resident's parent or adult child;

54850

(iii) The resident's guardian if the resident is a minor	54851
child;	54852

(iv) The resident's brother or sister;

54853

(v) The resident's niece, nephew, aunt, or uncle.

54854

(c) Notwithstanding any law as to priority of persons	54855
entitled to commence an action, if more than one eligible person	54856
within the same level of priority seeks to commence an action on	54857
behalf of a resident or the resident's estate, the court shall	54858
determine, in the best interest of the resident or the resident's	54859
estate, the individual to commence the action. A court's	54860
determination under this division as to the person to commence an	54861
action on behalf of a resident or the resident's estate shall bar	54862
another person from commencing the action on behalf of the	54863
resident or the resident's estate.	54864

(d) The result of an action commenced pursuant to division	54865
(I)(1)(a) of this section by a person authorized under division	54866
(I)(1)(b) of this section shall bind the resident or the	54867
resident's estate that is the subject of the action.	54868

(e) A cause of action under division (I)(1)(a) of this	54869
section shall accrue, and the statute of limitations applicable to	54870
that cause of action shall begin to run, based upon the violation	54871
of a resident's rights under sections 3721.10 to 3721.17 of the	54872
Revised Code, regardless of the party commencing the action on	54873
behalf of the resident or the resident's estate as authorized	54874
under divisions (I)(1)(b) and (c) of this section.	54875

(2)(a) The plaintiff in an action filed under division (I)(1)	54876
of this section may obtain injunctive relief against the violation	54877
of the resident's rights. The plaintiff also may recover	54878
compensatory damages based upon a showing, by a preponderance of	54879
the evidence, that the violation of the resident's rights resulted	54880
from a negligent act or omission of the person or home and that	54881
the violation was the proximate cause of the resident's injury,	54882
death, or loss to person or property.	54883

(b) If compensatory damages are awarded for a violation of	54884
the resident's rights, section 2315.21 of the Revised Code shall	54885
apply to an award of punitive or exemplary damages for the	54886
violation.	54887

(c) The court, in a case in which only injunctive relief is	54888
granted, may award to the prevailing party reasonable attorney's	54889
fees limited to the work reasonably performed.	54890

(3) Division (I)(2) (b) of this section shall be considered	54891
to be purely remedial in operation and shall be applied in a	54892
remedial manner in any civil action in which this section is	54893
relevant, whether the action is pending in court or commenced on	54894
or after July 9, 1998.	54895

(4) Within thirty days after the filing of a complaint in an	54896
action for damages brought against a home under division (I)(1)(a)	54897
of this section by or on behalf of a resident or former resident	54898
of the home, the plaintiff or plaintiff's counsel shall send	54899
written notice of the filing of the complaint to the department of	54900
~~job and family services~~medicaid if the department has a right of	54901
recovery under section ~~5101.58~~5160.37 of the Revised Code against	54902
the liability of the home for the cost of ~~medical~~medicaid	54903
services ~~and care~~ arising out of injury, disease, or disability of	54904
the resident or former resident.	54905

Sec. 3721.19. (A) As used in this section:

54906

(1) "Home" and "residential care facility" have the same	54907
meanings as in section 3721.01 of the Revised Code;	54908

(2) "Provider agreement" has the same meaning as in section	54909
5165.01 of the Revised Code.	54910

(3) "Sponsor" and "residents' rights advocate" have the same	54911
meanings as in section 3721.10 of the Revised Code.	54912

A home licensed under this chapter that is not a party to a	54913
provider agreement~~, as defined in section 5111.20 of the Revised~~	54914
~~Code,~~ shall provide each prospective resident, before admission,	54915
with the following information, orally and in a separate written	54916
notice on which is printed in a conspicuous manner: "This home is	54917
not a participant in the ~~medical assistance~~medicaid program	54918
administered by the Ohio department of ~~job and family services~~	54919
medicaid. Consequently, you may be discharged from this home if	54920
you are unable to pay for the services provided by this home."	54921

If the prospective resident has a sponsor whose identity is	54922
made known to the home, the home shall also inform the sponsor,	54923
before admission of the resident, of the home's status relative to	54924
the ~~medical assistance~~medicaid program. Written acknowledgement	54925
of the receipt of the information shall be provided by the	54926
resident and, if the prospective resident has a sponsor who has	54927
been identified to the home, by the sponsor. The written	54928
acknowledgement shall be made part of the resident's record by the	54929
home.	54930

No home shall terminate its ~~status as a~~ provider ~~under the~~	54931
~~medicaid program~~agreement unless it has complied with section	54932
~~5111.66~~5165.50 of the Revised Code and, at least ninety days	54933
prior to such termination, provided written notice to the	54934
residents of the home and their sponsors of such action. This	54935
requirement shall not apply in cases where the department of ~~job~~	54936
~~and family services~~medicaid terminates a home's provider	54937
agreement or provider status.	54938

(B) A home licensed under this chapter as a residential care	54939
facility shall provide notice to each prospective resident or the	54940
individual's sponsor of the services offered by the facility and	54941
the types of skilled nursing care that the facility may provide. A	54942
residential care facility that, pursuant to section 3721.012 of	54943
the Revised Code, has a policy of entering into risk agreements	54944
with residents or their sponsors shall provide each prospective	54945
resident or the individual's sponsor a written explanation of the	54946
policy and the provisions that may be contained in a risk	54947
agreement. At the time the information is provided, the facility	54948
shall obtain a statement signed by the individual receiving the	54949
information acknowledging that the individual received the	54950
information. The facility shall maintain on file the individual's	54951
signed statement.	54952

(C) A resident has a cause of action against a home for	54953
breach of any duty imposed by this section. The action may be	54954
commenced by the resident, or on the resident's behalf by the	54955
resident's sponsor or a residents' rights advocate, by the filing	54956
of a civil action in the court of common pleas of the county in	54957
which the home is located, or in the court of common pleas of	54958
Franklin county.	54959

If the court finds that a breach of any duty imposed by this	54960
section has occurred, the court shall enjoin the home from	54961
discharging the resident from the home until arrangements	54962
satisfactory to the court are made for the orderly transfer of the	54963
resident to another mode of health care including, but not limited	54964
to, another home, and may award the resident and a person or	54965
public agency that brings an action on behalf of a resident	54966
reasonable attorney's fees. If a home discharges a resident to	54967
whom or to whose sponsor information concerning its status	54968
relative to the ~~medical assistance~~medicaid program was not	54969
provided as required under this section, the court shall grant any	54970
appropriate relief including, but not limited to, actual damages,	54971
reasonable attorney's fees, and costs.	54972

Sec. 3727.01. (A) As used in this section, "health	54973
maintenance organization" means a public or private organization	54974
organized under the law of any state that is qualified under	54975
section 1310(d) of Title XIII of the "Public Health Service Act,"	54976
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	54977
following:	54978

(1) Provides or otherwise makes available to enrolled	54979
participants health care services including at least the following	54980
basic health care services: usual physician services,	54981
hospitalization, laboratory, x-ray, emergency and preventive	54982
service, and out-of-area coverage;	54983

(2) Is compensated, except for copayments, for the provision	54984
of basic health care services to enrolled participants by a	54985
payment that is paid on a periodic basis without regard to the	54986
date the health care services are provided and that is fixed	54987
without regard to the frequency, extent, or kind of health service	54988
actually provided;	54989

(3) Provides physician services primarily in either of the	54990
following ways:	54991

(a) Directly through physicians who are either employees or	54992
partners of the organization;	54993

(b) Through arrangements with individual physicians or one or	54994
more groups of physicians organized on a group-practice or	54995
individual-practice basis.	54996

(B) As used in this chapter:

54997

(1) "Children's hospital" means any of the following:

54998

(a) A hospital registered under section 3701.07 of the	54999
Revised Code that provides general pediatric medical and surgical	55000
care, and in which at least seventy-five per cent of annual	55001
inpatient discharges for the preceding two calendar years were	55002
individuals less than eighteen years of age;	55003

(b) A distinct portion of a hospital registered under section	55004
3701.07 of the Revised Code that provides general pediatric	55005
medical and surgical care, has a total of at least one hundred	55006
fifty registered pediatric special care and pediatric acute care	55007
beds, and in which at least seventy-five per cent of annual	55008
inpatient discharges for the preceding two calendar years were	55009
individuals less than eighteen years of age;	55010

(c) A distinct portion of a hospital, if the hospital is	55011
registered under section 3701.07 of the Revised Code as a	55012
children's hospital and the children's hospital meets all the	55013
requirements of division (B)(1)(a) of this section.	55014

(2) "Hospital" means an institution classified as a hospital	55015
under section 3701.07 of the Revised Code in which are provided to	55016
inpatients diagnostic, medical, surgical, obstetrical,	55017
psychiatric, or rehabilitation care for a continuous period longer	55018
than twenty-four hours or a hospital operated by a health	55019
maintenance organization. "Hospital" does not include a facility	55020
licensed under Chapter 3721. of the Revised Code, a health care	55021
facility operated by the department of ~~mental health~~mental health	55022
and addiction services or the department of developmental	55023
disabilities, a health maintenance organization that does not	55024
operate a hospital, the office of any private licensed health care	55025
professional, whether organized for individual or group practice,	55026
or a clinic that provides ambulatory patient services and where	55027
patients are not regularly admitted as inpatients. "Hospital" also	55028
does not include an institution for the sick that is operated	55029
exclusively for patients who use spiritual means for healing and	55030
for whom the acceptance of medical care is inconsistent with their	55031
religious beliefs, accredited by a national accrediting	55032
organization, exempt from federal income taxation under section	55033
501 of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	55034
U.S.C.A. 1, as amended, and providing twenty-four hour nursing	55035
care pursuant to the exemption in division (E) of section 4723.32	55036
of the Revised Code from the licensing requirements of Chapter	55037
4723. of the Revised Code.	55038

(3) "Joint commission" means the commission formerly known as	55039
the joint commission on accreditation of healthcare organizations	55040
or the joint commission on accreditation of hospitals.	55041

Sec. 3734.01. As used in this chapter:

55042

(A) "Board of health" means the board of health of a city or	55043
general health district or the authority having the duties of a	55044
board of health in any city as authorized by section 3709.05 of	55045
the Revised Code.	55046

(B) "Director" means the director of environmental	55047
protection.	55048

(C) "Health district" means a city or general health district	55049
as created by or under authority of Chapter 3709. of the Revised	55050
Code.	55051

(D) "Agency" means the environmental protection agency.

55052

(E) "Solid wastes" means such unwanted residual solid or	55053
semisolid material as results from industrial, commercial,	55054
agricultural, and community operations, excluding earth or	55055
material from construction, mining, or demolition operations, or	55056
other waste materials of the type that normally would be included	55057
in demolition debris, nontoxic fly ash and bottom ash, including	55058
at least ash that results from the combustion of coal and ash that	55059
results from the combustion of coal in combination with scrap	55060
tires where scrap tires comprise not more than fifty per cent of	55061
heat input in any month, spent nontoxic foundry sand, and slag and	55062
other substances that are not harmful or inimical to public	55063
health, and includes, but is not limited to, garbage, scrap tires,	55064
combustible and noncombustible material, street dirt, and debris.	55065
"Solid wastes" does not include any material that is an infectious	55066
waste or a hazardous waste.	55067

(F) "Disposal" means the discharge, deposit, injection,	55068
dumping, spilling, leaking, emitting, or placing of any solid	55069
wastes or hazardous waste into or on any land or ground or surface	55070
water or into the air, except if the disposition or placement	55071
constitutes storage or treatment or, if the solid wastes consist	55072
of scrap tires, the disposition or placement constitutes a	55073
beneficial use or occurs at a scrap tire recovery facility	55074
licensed under section 3734.81 of the Revised Code.	55075

(G) "Person" includes the state, any political subdivision	55076
and other state or local body, the United States and any agency or	55077
instrumentality thereof, and any legal entity defined as a person	55078
under section 1.59 of the Revised Code.	55079

(H) "Open burning" means the burning of solid wastes in an	55080
open area or burning of solid wastes in a type of chamber or	55081
vessel that is not approved or authorized in rules adopted by the	55082
director under section 3734.02 of the Revised Code or, if the	55083
solid wastes consist of scrap tires, in rules adopted under	55084
division (V) of this section or section 3734.73 of the Revised	55085
Code, or the burning of treated or untreated infectious wastes in	55086
an open area or in a type of chamber or vessel that is not	55087
approved in rules adopted by the director under section 3734.021	55088
of the Revised Code.	55089

(I) "Open dumping" means the depositing of solid wastes into	55090
a body or stream of water or onto the surface of the ground at a	55091
site that is not licensed as a solid waste facility under section	55092
3734.05 of the Revised Code or, if the solid wastes consist of	55093
scrap tires, as a scrap tire collection, storage, monocell,	55094
monofill, or recovery facility under section 3734.81 of the	55095
Revised Code; the depositing of solid wastes that consist of scrap	55096
tires onto the surface of the ground at a site or in a manner not	55097
specifically identified in divisions (C)(2) to (5), (7), or (10)	55098
of section 3734.85 of the Revised Code; the depositing of	55099
untreated infectious wastes into a body or stream of water or onto	55100
the surface of the ground; or the depositing of treated infectious	55101
wastes into a body or stream of water or onto the surface of the	55102
ground at a site that is not licensed as a solid waste facility	55103
under section 3734.05 of the Revised Code.	55104

(J) "Hazardous waste" means any waste or combination of	55105
wastes in solid, liquid, semisolid, or contained gaseous form that	55106
in the determination of the director, because of its quantity,	55107
concentration, or physical or chemical characteristics, may do	55108
either of the following:	55109

(1) Cause or significantly contribute to an increase in	55110
mortality or an increase in serious irreversible or incapacitating	55111
reversible illness;	55112

(2) Pose a substantial present or potential hazard to human	55113
health or safety or to the environment when improperly stored,	55114
treated, transported, disposed of, or otherwise managed.	55115

"Hazardous waste" includes any substance identified by	55116
regulation as hazardous waste under the "Resource Conservation and	55117
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	55118
amended, and does not include any substance that is subject to the	55119
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	55120
amended.	55121

(K) "Treat" or "treatment," when used in connection with	55122
hazardous waste, means any method, technique, or process designed	55123
to change the physical, chemical, or biological characteristics or	55124
composition of any hazardous waste; to neutralize the waste; to	55125
recover energy or material resources from the waste; to render the	55126
waste nonhazardous or less hazardous, safer to transport, store,	55127
or dispose of, or amenable for recovery, storage, further	55128
treatment, or disposal; or to reduce the volume of the waste. When	55129
used in connection with infectious wastes, "treat" or "treatment"	55130
means any method, technique, or process that renders the wastes	55131
noninfectious so that it is no longer an infectious waste and is	55132
no longer an infectious substance as defined in applicable federal	55133
law, including, without limitation, steam sterilization and	55134
incineration, and, in the instance of wastes identified in	55135
division (R)(7) of this section, to substantially reduce or	55136
eliminate the potential for the wastes to cause lacerations or	55137
puncture wounds.	55138

(L) "Manifest" means the form used for identifying the	55139
quantity, composition, origin, routing, and destination of	55140
hazardous waste during its transportation from the point of	55141
generation to the point of disposal, treatment, or storage.	55142

(M) "Storage," when used in connection with hazardous waste,	55143
means the holding of hazardous waste for a temporary period in	55144
such a manner that it remains retrievable and substantially	55145
unchanged physically and chemically and, at the end of the period,	55146
is treated; disposed of; stored elsewhere; or reused, recycled, or	55147
reclaimed in a beneficial manner. When used in connection with	55148
solid wastes that consist of scrap tires, "storage" means the	55149
holding of scrap tires for a temporary period in such a manner	55150
that they remain retrievable and, at the end of that period, are	55151
beneficially used; stored elsewhere; placed in a scrap tire	55152
monocell or monofill facility licensed under section 3734.81 of	55153
the Revised Code; processed at a scrap tire recovery facility	55154
licensed under that section or a solid waste incineration or	55155
energy recovery facility subject to regulation under this chapter;	55156
or transported to a scrap tire monocell, monofill, or recovery	55157
facility, any other solid waste facility authorized to dispose of	55158
scrap tires, or a facility that will beneficially use the scrap	55159
tires, that is located in another state and is operating in	55160
compliance with the laws of the state in which the facility is	55161
located.	55162

(N) "Facility" means any site, location, tract of land,	55163
installation, or building used for incineration, composting,	55164
sanitary landfilling, or other methods of disposal of solid wastes	55165
or, if the solid wastes consist of scrap tires, for the	55166
collection, storage, or processing of the solid wastes; for the	55167
transfer of solid wastes; for the treatment of infectious wastes;	55168
or for the storage, treatment, or disposal of hazardous waste.	55169

(O) "Closure" means the time at which a hazardous waste	55170
facility will no longer accept hazardous waste for treatment,	55171
storage, or disposal, the time at which a solid waste facility	55172
will no longer accept solid wastes for transfer or disposal or, if	55173
the solid wastes consist of scrap tires, for storage or	55174
processing, or the effective date of an order revoking the permit	55175
for a hazardous waste facility or the registration certificate,	55176
permit, or license for a solid waste facility, as applicable.	55177
"Closure" includes measures performed to protect public health or	55178
safety, to prevent air or water pollution, or to make the facility	55179
suitable for other uses, if any, including, but not limited to,	55180
the removal of processing residues resulting from solid wastes	55181
that consist of scrap tires; the establishment and maintenance of	55182
a suitable cover of soil and vegetation over cells in which	55183
hazardous waste or solid wastes are buried; minimization of	55184
erosion, the infiltration of surface water into such cells, the	55185
production of leachate, and the accumulation and runoff of	55186
contaminated surface water; the final construction of facilities	55187
for the collection and treatment of leachate and contaminated	55188
surface water runoff, except as otherwise provided in this	55189
division; the final construction of air and water quality	55190
monitoring facilities, except as otherwise provided in this	55191
division; the final construction of methane gas extraction and	55192
treatment systems; or the removal and proper disposal of hazardous	55193
waste or solid wastes from a facility when necessary to protect	55194
public health or safety or to abate or prevent air or water	55195
pollution. With regard to a solid waste facility that is a scrap	55196
tire facility, "closure" includes the final construction of	55197
facilities for the collection and treatment of leachate and	55198
contaminated surface water runoff and the final construction of	55199
air and water quality monitoring facilities only if those actions	55200
are determined to be necessary.	55201

(P) "Premises" means either of the following:

55202

(1) Geographically contiguous property owned by a generator;

55203

(2) Noncontiguous property that is owned by a generator and	55204
connected by a right-of-way that the generator controls and to	55205
which the public does not have access. Two or more pieces of	55206
property that are geographically contiguous and divided by public	55207
or private right-of-way or rights-of-way are a single premises.	55208

(Q) "Post-closure" means that period of time following	55209
closure during which a hazardous waste facility is required to be	55210
monitored and maintained under this chapter and rules adopted	55211
under it, including, without limitation, operation and maintenance	55212
of methane gas extraction and treatment systems, or the period of	55213
time after closure during which a scrap tire monocell or monofill	55214
facility licensed under section 3734.81 of the Revised Code is	55215
required to be monitored and maintained under this chapter and	55216
rules adopted under it.	55217

(R) "Infectious wastes" means any wastes or combination of	55218
wastes that include cultures and stocks of infectious agents and	55219
associated biologicals, human blood and blood products, and	55220
substances that were or are likely to have been exposed to or	55221
contaminated with or are likely to transmit an infectious agent or	55222
zoonotic agent, including all of the following:	55223

(1) Laboratory wastes;

55224

(2) Pathological wastes;

55225

(3) Animal blood and blood products;

55226

(4) Animal carcasses and parts;

55227

(5) Waste materials from the rooms of humans, or the	55228
enclosures of animals, that have been isolated because of	55229
diagnosed communicable disease that are likely to transmit	55230
infectious agents. Such waste materials from the rooms of humans	55231
do not include any wastes of patients who have been placed on	55232
blood and body fluid precautions under the universal precaution	55233
system established by the centers for disease control in the	55234
public health service of the United States department of health	55235
and human services, except to the extent specific wastes generated	55236
under the universal precautions system have been identified as	55237
infectious wastes by rules adopted under division (R)(7) of this	55238
section.	55239

(6) Sharp wastes used in the treatment, diagnosis, or	55240
inoculation of human beings or animals;	55241

(7) Any other waste materials generated in the diagnosis,	55242
treatment, or immunization of human beings or animals, in research	55243
pertaining thereto, or in the production or testing of	55244
biologicals, that the director of health, by rules adopted in	55245
accordance with Chapter 119. of the Revised Code, identifies as	55246
infectious wastes after determining that the wastes present a	55247
substantial threat to human health when improperly managed because	55248
they are contaminated with, or are likely to be contaminated with,	55249
infectious agents.	55250

As used in this division, "blood products" does not include	55251
patient care waste such as bandages or disposable gowns that are	55252
lightly soiled with blood or other body fluids unless those wastes	55253
are soiled to the extent that the generator of the wastes	55254
determines that they should be managed as infectious wastes.	55255

(S) "Infectious agent" means a type of microorganism,	55256
pathogen, virus, or proteinaceous infectious particle that can	55257
cause or significantly contribute to disease in or death of human	55258
beings.	55259

(T) "Zoonotic agent" means a type of microorganism, pathogen,	55260
or virus that causes disease in vertebrate animals, is	55261
transmissible to human beings, and can cause or significantly	55262
contribute to disease in or death of human beings.	55263

(U) "Solid waste transfer facility" means any site, location,	55264
tract of land, installation, or building that is used or intended	55265
to be used primarily for the purpose of transferring solid wastes	55266
that were generated off the premises of the facility from vehicles	55267
or containers into other vehicles for transportation to a solid	55268
waste disposal facility. "Solid waste transfer facility" does not	55269
include any facility that consists solely of portable containers	55270
that have an aggregate volume of fifty cubic yards or less nor any	55271
facility where legitimate recycling activities are conducted.	55272

(V) "Beneficially use" means:

55273

(1) With regard to scrap tires, to use a scrap tire in a	55274
manner that results in a commodity for sale or exchange or in any	55275
other manner authorized as a beneficial use in rules adopted by	55276
the director in accordance with Chapter 119. of the Revised Code;	55277

(2) With regard to material from a horizontal well that has	55278
come in contact with a refined oil-based substance and that is not	55279
technologically enhanced naturally occurring radioactive material,	55280
to use the material in any manner authorized as a beneficial use	55281
in rules adopted by the director under section 3734.125 of the	55282
Revised Code.	55283

(W) "Commercial car," "commercial tractor," "farm machinery,"	55284
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	55285
the same meanings as in section 4501.01 of the Revised Code.	55286

(X) "Construction equipment" means road rollers, traction	55287
engines, power shovels, power cranes, and other equipment used in	55288
construction work, or in mining or producing or processing	55289
aggregates, and not designed for or used in general highway	55290
transportation.	55291

(Y) "Motor vehicle salvage dealer" has the same meaning as in	55292
section 4738.01 of the Revised Code.	55293

(Z) "Scrap tire" means an unwanted or discarded tire.

55294

(AA) "Scrap tire collection facility" means any facility that	55295
meets all of the following qualifications:	55296

(1) The facility is used for the receipt and storage of whole	55297
scrap tires from the public prior to their transportation to a	55298
scrap tire storage, monocell, monofill, or recovery facility	55299
licensed under section 3734.81 of the Revised Code; a solid waste	55300
incineration or energy recovery facility subject to regulation	55301
under this chapter; a premises within the state where the scrap	55302
tires will be beneficially used; or a scrap tire storage,	55303
monocell, monofill, or recovery facility, any other solid waste	55304
disposal facility authorized to dispose of scrap tires, or a	55305
facility that will beneficially use the scrap tires, that is	55306
located in another state, and that is operating in compliance with	55307
the laws of the state in which the facility is located.	55308

(2) The facility exclusively stores scrap tires in portable	55309
containers.	55310

(3) The aggregate storage of the portable containers in which	55311
the scrap tires are stored does not exceed five thousand cubic	55312
feet.	55313

(BB) "Scrap tire monocell facility" means an individual site	55314
within a solid waste landfill that is used exclusively for the	55315
environmentally sound storage or disposal of whole scrap tires or	55316
scrap tires that have been shredded, chipped, or otherwise	55317
mechanically processed.	55318

(CC) "Scrap tire monofill facility" means an engineered	55319
facility used or intended to be used exclusively for the storage	55320
or disposal of scrap tires, including at least facilities for the	55321
submergence of whole scrap tires in a body of water.	55322

(DD) "Scrap tire recovery facility" means any facility, or	55323
portion thereof, for the processing of scrap tires for the purpose	55324
of extracting or producing usable products, materials, or energy	55325
from the scrap tires through a controlled combustion process,	55326
mechanical process, or chemical process. "Scrap tire recovery	55327
facility" includes any facility that uses the controlled	55328
combustion of scrap tires in a manufacturing process to produce	55329
process heat or steam or any facility that produces usable heat or	55330
electric power through the controlled combustion of scrap tires in	55331
combination with another fuel, but does not include any solid	55332
waste incineration or energy recovery facility that is designed,	55333
constructed, and used for the primary purpose of incinerating	55334
mixed municipal solid wastes and that burns scrap tires in	55335
conjunction with mixed municipal solid wastes, or any tire	55336
retreading business, tire manufacturing finishing center, or tire	55337
adjustment center having on the premises of the business a single,	55338
covered scrap tire storage area at which not more than four	55339
thousand scrap tires are stored.	55340

(EE) "Scrap tire storage facility" means any facility where	55341
whole scrap tires are stored prior to their transportation to a	55342
scrap tire monocell, monofill, or recovery facility licensed under	55343
section 3734.81 of the Revised Code; a solid waste incineration or	55344
energy recovery facility subject to regulation under this chapter;	55345
a premises within the state where the scrap tires will be	55346
beneficially used; or a scrap tire storage, monocell, monofill, or	55347
recovery facility, any other solid waste disposal facility	55348
authorized to dispose of scrap tires, or a facility that will	55349
beneficially use the scrap tires, that is located in another	55350
state, and that is operating in compliance with the laws of the	55351
state in which the facility is located.	55352

(FF) "Used oil" means any oil that has been refined from	55353
crude oil, or any synthetic oil, that has been used and, as a	55354
result of that use, is contaminated by physical or chemical	55355
impurities. "Used oil" includes only those substances identified	55356
as used oil by the United States environmental protection agency	55357
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	55358
U.S.C.A. 6901a, as amended.	55359

(GG) "Accumulated speculatively" has the same meaning as in	55360
rules adopted by the director under section 3734.12 of the Revised	55361
Code.	55362

(HH) "Horizontal well" has the same meaning as in section	55363
1509.01 of the Revised Code.	55364

(II) "Technologically enhanced naturally occurring	55365
radioactive material" has the same meaning as in section 3748.01	55366
of the Revised Code.	55367

Sec. 3734.02. (A) The director of environmental protection,	55368
in accordance with Chapter 119. of the Revised Code, shall adopt	55369
and may amend, suspend, or rescind rules having uniform	55370
application throughout the state governing solid waste facilities	55371
and the inspections of and issuance of permits and licenses for	55372
all solid waste facilities in order to ensure that the facilities	55373
will be located, maintained, and operated, and will undergo	55374
closure and post-closure care, in a sanitary manner so as not to	55375
create a nuisance, cause or contribute to water pollution, create	55376
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	55377
257.3-8, as amended. The rules may include, without limitation,	55378
financial assurance requirements for closure and post-closure care	55379
and corrective action and requirements for taking corrective	55380
action in the event of the surface or subsurface discharge or	55381
migration of explosive gases or leachate from a solid waste	55382
facility, or of ground water contamination resulting from the	55383
transfer or disposal of solid wastes at a facility, beyond the	55384
boundaries of any area within a facility that is operating or is	55385
undergoing closure or post-closure care where solid wastes were	55386
disposed of or are being disposed of. The rules shall not concern	55387
or relate to personnel policies, salaries, wages, fringe benefits,	55388
or other conditions of employment of employees of persons owning	55389
or operating solid waste facilities. The director, in accordance	55390
with Chapter 119. of the Revised Code, shall adopt and may amend,	55391
suspend, or rescind rules governing the issuance, modification,	55392
revocation, suspension, or denial of variances from the director's	55393
solid waste rules, including, without limitation, rules adopted	55394
under this chapter governing the management of scrap tires.	55395

Variances shall be issued, modified, revoked, suspended, or	55396
rescinded in accordance with this division, rules adopted under	55397
it, and Chapter 3745. of the Revised Code. The director may order	55398
the person to whom a variance is issued to take such action within	55399
such time as the director may determine to be appropriate and	55400
reasonable to prevent the creation of a nuisance or a hazard to	55401
the public health or safety or the environment. Applications for	55402
variances shall contain such detail plans, specifications, and	55403
information regarding objectives, procedures, controls, and other	55404
pertinent data as the director may require. The director shall	55405
grant a variance only if the applicant demonstrates to the	55406
director's satisfaction that construction and operation of the	55407
solid waste facility in the manner allowed by the variance and any	55408
terms or conditions imposed as part of the variance will not	55409
create a nuisance or a hazard to the public health or safety or	55410
the environment. In granting any variance, the director shall	55411
state the specific provision or provisions whose terms are to be	55412
varied and also shall state specific terms or conditions imposed	55413
upon the applicant in place of the provision or provisions. The	55414
director may hold a public hearing on an application for a	55415
variance or renewal of a variance at a location in the county	55416
where the operations that are the subject of the application for	55417
the variance are conducted. The director shall give not less than	55418
twenty days' notice of the hearing to the applicant by certified	55419
mail or by another type of mail accompanied by a receipt and shall	55420
publish at least one notice of the hearing in a newspaper with	55421
general circulation in the county where the hearing is to be held.	55422
The director shall make available for public inspection at the	55423
principal office of the environmental protection agency a current	55424
list of pending applications for variances and a current schedule	55425
of pending variance hearings. The director shall make a complete	55426
stenographic record of testimony and other evidence submitted at	55427
the hearing. Within ten days after the hearing, the director shall	55428
make a written determination to issue, renew, or deny the variance	55429
and shall enter the determination and the basis for it into the	55430
record of the hearing. The director shall issue, renew, or deny an	55431
application for a variance or renewal of a variance within six	55432
months of the date upon which the director receives a complete	55433
application with all pertinent information and data required. No	55434
variance shall be issued, revoked, modified, or denied until the	55435
director has considered the relative interests of the applicant,	55436
other persons and property affected by the variance, and the	55437
general public. Any variance granted under this division shall be	55438
for a period specified by the director and may be renewed from	55439
time to time on such terms and for such periods as the director	55440
determines to be appropriate. No application shall be denied and	55441
no variance shall be revoked or modified without a written order	55442
stating the findings upon which the denial, revocation, or	55443
modification is based. A copy of the order shall be sent to the	55444
applicant or variance holder by certified mail or by another type	55445
of mail accompanied by a receipt.	55446

(B) The director shall prescribe and furnish the forms	55447
necessary to administer and enforce this chapter. The director may	55448
cooperate with and enter into agreements with other state, local,	55449
or federal agencies to carry out the purposes of this chapter. The	55450
director may exercise all incidental powers necessary to carry out	55451
the purposes of this chapter.	55452

The director may use moneys in the infectious waste	55453
management fund created in section 3734.021 of the Revised Code	55454
exclusively for administering and enforcing the provisions of this	55455
chapter governing the management of infectious wastes.	55456

(C) Except as provided in this division and divisions (N)(2)	55457
and (3) of this section, no person shall establish a new solid	55458
waste facility or infectious waste treatment facility, or modify	55459
an existing solid waste facility or infectious waste treatment	55460
facility, without submitting an application for a permit with	55461
accompanying detail plans, specifications, and information	55462
regarding the facility and method of operation and receiving a	55463
permit issued by the director, except that no permit shall be	55464
required under this division to install or operate a solid waste	55465
facility for sewage sludge treatment or disposal when the	55466
treatment or disposal is authorized by a current permit issued	55467
under Chapter 3704. or 6111. of the Revised Code.	55468

No person shall continue to operate a solid waste facility	55469
for which the director has denied a permit for which an	55470
application was required under division (A)(3) of section 3734.05	55471
of the Revised Code, or for which the director has disapproved	55472
plans and specifications required to be filed by an order issued	55473
under division (A)(5) of that section, after the date prescribed	55474
for commencement of closure of the facility in the order issued	55475
under division (A)(6) of section 3734.05 of the Revised Code	55476
denying the permit application or approval.	55477

On and after the effective date of the rules adopted under	55478
division (A) of this section and division (D) of section 3734.12	55479
of the Revised Code governing solid waste transfer facilities, no	55480
person shall establish a new, or modify an existing, solid waste	55481
transfer facility without first submitting an application for a	55482
permit with accompanying engineering detail plans, specifications,	55483
and information regarding the facility and its method of operation	55484
to the director and receiving a permit issued by the director.	55485

No person shall establish a new compost facility or continue	55486
to operate an existing compost facility that accepts exclusively	55487
source separated yard wastes without submitting a completed	55488
registration for the facility to the director in accordance with	55489
rules adopted under divisions (A) and (N)(3) of this section.	55490

This division does not apply to a generator of infectious	55491
wastes that does any of the following:	55492

(1) Treats, by methods, techniques, and practices established	55493
by rules adopted under division (B)(2)(a) of section 3734.021 of	55494
the Revised Code, any of the following:	55495

(a) Infectious wastes that are generated on any premises that	55496
are owned or operated by the generator;	55497

(b) Infectious wastes that are generated by a generator who	55498
has staff privileges at a hospital as defined in section 3727.01	55499
of the Revised Code;	55500

(c) Infectious wastes that are generated in providing care to	55501
a patient by an emergency medical services organization as defined	55502
in section 4765.01 of the Revised Code.	55503

(2) Holds a license or renewal of a license to operate a	55504
crematory facility issued under Chapter 4717. and a permit issued	55505
under Chapter 3704. of the Revised Code;	55506

(3) Treats or disposes of dead animals or parts thereof, or	55507
the blood of animals, and is subject to any of the following:	55508

(a) Inspection under the "Federal Meat Inspection Act," 81	55509
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	55510

(b) Chapter 918. of the Revised Code;

55511

55512

(D) Neither this chapter nor any rules adopted under it apply	55513
to single-family residential premises; to infectious wastes	55514
generated by individuals for purposes of their own care or	55515
treatment; to the temporary storage of solid wastes, other than	55516
scrap tires, prior to their collection for disposal; to the	55517
storage of one hundred or fewer scrap tires unless they are stored	55518
in such a manner that, in the judgment of the director or the	55519
board of health of the health district in which the scrap tires	55520
are stored, the storage causes a nuisance, a hazard to public	55521
health or safety, or a fire hazard; or to the collection of solid	55522
wastes, other than scrap tires, by a political subdivision or a	55523
person holding a franchise or license from a political subdivision	55524
of the state; to composting, as defined in section 1511.01 of the	55525
Revised Code, conducted in accordance with section 1511.022 of the	55526
Revised Code; or to any person who is licensed to transport raw	55527
rendering material to a compost facility pursuant to section	55528
953.23 of the Revised Code.	55529

(E)(1) As used in this division:

55530

(a) "On-site facility" means a facility that stores, treats,	55531
or disposes of hazardous waste that is generated on the premises	55532
of the facility.	55533

(b) "Off-site facility" means a facility that stores, treats,	55534
or disposes of hazardous waste that is generated off the premises	55535
of the facility and includes such a facility that is also an	55536
on-site facility.	55537

55538

(i) An on-site facility that also receives hazardous waste	55539
from other premises owned by the same person who generates the	55540
waste on the facility premises;	55541

(ii) An off-site facility operated so that all of the	55542
hazardous waste it receives is generated on one or more premises	55543
owned by the person who owns the facility;	55544

(iii) An on-site facility that also receives hazardous waste	55545
that is transported uninterruptedly and directly to the facility	55546
through a pipeline from a generator who is not the owner of the	55547
facility.	55548

(2) Except as provided in division (E)(3) of this section, no	55549
person shall establish or operate a hazardous waste facility, or	55550
use a solid waste facility for the storage, treatment, or disposal	55551
of any hazardous waste, without a hazardous waste facility	55552
installation and operation permit issued in accordance with	55553
section 3734.05 of the Revised Code and subject to the payment of	55554
an application fee not to exceed one thousand five hundred	55555
dollars, payable upon application for a hazardous waste facility	55556
installation and operation permit and upon application for a	55557
renewal permit issued under division (H) of section 3734.05 of the	55558
Revised Code, to be credited to the hazardous waste facility	55559
management fund created in section 3734.18 of the Revised Code.	55560
The term of a hazardous waste facility installation and operation	55561
permit shall not exceed ten years.	55562

In addition to the application fee, there is hereby levied an	55563
annual permit fee to be paid by the permit holder upon the	55564
anniversaries of the date of issuance of the hazardous waste	55565
facility installation and operation permit and of any subsequent	55566
renewal permits and to be credited to the hazardous waste facility	55567
management fund. Annual permit fees totaling forty thousand	55568
dollars or more for any one facility may be paid on a quarterly	55569
basis with the first quarterly payment each year being due on the	55570
anniversary of the date of issuance of the hazardous waste	55571
facility installation and operation permit and of any subsequent	55572
renewal permits. The annual permit fee shall be determined for	55573
each permit holder by the director in accordance with the	55574
following schedule:	55575

TYPE OF BASIC			55576
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	55577
Storage facility using:			55578
Containers	On-site, off-site, and		55579
	satellite	$ 500	55580
Tanks	On-site, off-site, and		55581
	satellite	500	55582
Waste pile	On-site, off-site, and		55583
	satellite	3,000	55584
Surface impoundment	On-site and satellite	8,000	55585
	Off-site	10,000	55586
Disposal facility using:			55587
Deep well injection	On-site and satellite	15,000	55588
	Off-site	25,000	55589
Landfill	On-site and satellite	25,000	55590
	Off-site	40,000	55591
Land application	On-site and satellite	2,500	55592
	Off-site	5,000	55593
Surface impoundment	On-site and satellite	10,000	55594
	Off-site	20,000	55595
Treatment facility using:			55596
Tanks	On-site, off-site, and		55597
	satellite	700	55598
Surface impoundment	On-site and satellite	8,000	55599
	Off-site	10,000	55600
Incinerator	On-site and satellite	5,000	55601
	Off-site	10,000	55602
Other forms			55603
of treatment	On-site, off-site, and		55604
	satellite	1,000	55605

A hazardous waste disposal facility that disposes of	55606
hazardous waste by deep well injection and that pays the annual	55607
permit fee established in section 6111.046 of the Revised Code is	55608
not subject to the permit fee established in this division for	55609
disposal facilities using deep well injection unless the director	55610
determines that the facility is not in compliance with applicable	55611
requirements established under this chapter and rules adopted	55612
under it.	55613

In determining the annual permit fee required by this	55614
section, the director shall not require additional payments for	55615
multiple units of the same method of storage, treatment, or	55616
disposal or for individual units that are used for both storage	55617
and treatment. A facility using more than one method of storage,	55618
treatment, or disposal shall pay the permit fee indicated by the	55619
schedule for each such method.	55620

The director shall not require the payment of that portion of	55621
an annual permit fee of any permit holder that would apply to a	55622
hazardous waste management unit for which a permit has been	55623
issued, but for which construction has not yet commenced. Once	55624
construction has commenced, the director shall require the payment	55625
of a part of the appropriate fee indicated by the schedule that	55626
bears the same relationship to the total fee that the number of	55627
days remaining until the next anniversary date at which payment of	55628
the annual permit fee is due bears to three hundred sixty-five.	55629

The director, by rules adopted in accordance with Chapters	55630
119. and 3745. of the Revised Code, shall prescribe procedures for	55631
collecting the annual permit fee established by this division and	55632
may prescribe other requirements necessary to carry out this	55633
division.	55634

(3) The prohibition against establishing or operating a	55635
hazardous waste facility without a hazardous waste facility	55636
installation and operation permit does not apply to either of the	55637
following:	55638

(a) A facility that is operating in accordance with a permit	55639
renewal issued under division (H) of section 3734.05 of the	55640
Revised Code, a revision issued under division (I) of that section	55641
as it existed prior to August 20, 1996, or a modification issued	55642
by the director under division (I) of that section on and after	55643
August 20, 1996;	55644

(b) Except as provided in division (J) of section 3734.05 of	55645
the Revised Code, a facility that will operate or is operating in	55646
accordance with a permit by rule, or that is not subject to permit	55647
requirements, under rules adopted by the director. In accordance	55648
with Chapter 119. of the Revised Code, the director shall adopt,	55649
and subsequently may amend, suspend, or rescind, rules for the	55650
purposes of division (E)(3)(b) of this section. Any rules so	55651
adopted shall be consistent with and equivalent to regulations	55652
pertaining to interim status adopted under the "Resource	55653
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	55654
6921, as amended, except as otherwise provided in this chapter.	55655

If a modification is requested or proposed for a facility	55656
described in division (E)(3)(a) or (b) of this section, division	55657
(I)(7) of section 3734.05 of the Revised Code applies.	55658

(F) No person shall store, treat, or dispose of hazardous	55659
waste identified or listed under this chapter and rules adopted	55660
under it, regardless of whether generated on or off the premises	55661
where the waste is stored, treated, or disposed of, or transport	55662
or cause to be transported any hazardous waste identified or	55663
listed under this chapter and rules adopted under it to any other	55664
premises, except at or to any of the following:	55665

(1) A hazardous waste facility operating under a permit	55666
issued in accordance with this chapter;	55667

(2) A facility in another state operating under a license or	55668
permit issued in accordance with the "Resource Conservation and	55669
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	55670
amended;	55671

(3) A facility in another nation operating in accordance with	55672
the laws of that nation;	55673

(4) A facility holding a permit issued pursuant to Title I of	55674
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	55675
Stat. 1052, 33 U.S.C.A. 1401, as amended;	55676

(5) A hazardous waste facility as described in division	55677
(E)(3)(a) or (b) of this section.	55678

(G) The director, by order, may exempt any person generating,	55679
collecting, storing, treating, disposing of, or transporting solid	55680
wastes, infectious wastes, or hazardous waste, or processing solid	55681
wastes that consist of scrap tires, in such quantities or under	55682
such circumstances that, in the determination of the director, are	55683
unlikely to adversely affect the public health or safety or the	55684
environment from any requirement to obtain a registration	55685
certificate, permit, or license or comply with the manifest system	55686
or other requirements of this chapter. Such an exemption shall be	55687
consistent with and equivalent to any regulations adopted by the	55688
administrator of the United States environmental protection agency	55689
under the "Resource Conservation and Recovery Act of 1976," 90	55690
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	55691
provided in this chapter.	55692

(H) No person shall engage in filling, grading, excavating,	55693
building, drilling, or mining on land where a hazardous waste	55694
facility, or a solid waste facility, was operated without prior	55695
authorization from the director, who shall establish the procedure	55696
for granting such authorization by rules adopted in accordance	55697
with Chapter 119. of the Revised Code.	55698

A public utility that has main or distribution lines above or	55699
below the land surface located on an easement or right-of-way	55700
across land where a solid waste facility was operated may engage	55701
in any such activity within the easement or right-of-way without	55702
prior authorization from the director for purposes of performing	55703
emergency repair or emergency replacement of its lines; of the	55704
poles, towers, foundations, or other structures supporting or	55705
sustaining any such lines; or of the appurtenances to those	55706
structures, necessary to restore or maintain existing public	55707
utility service. A public utility may enter upon any such easement	55708
or right-of-way without prior authorization from the director for	55709
purposes of performing necessary or routine maintenance of those	55710
portions of its existing lines; of the existing poles, towers,	55711
foundations, or other structures sustaining or supporting its	55712
lines; or of the appurtenances to any such supporting or	55713
sustaining structure, located on or above the land surface on any	55714
such easement or right-of-way. Within twenty-four hours after	55715
commencing any such emergency repair, replacement, or maintenance	55716
work, the public utility shall notify the director or the	55717
director's authorized representative of those activities and shall	55718
provide such information regarding those activities as the	55719
director or the director's representative may request. Upon	55720
completion of the emergency repair, replacement, or maintenance	55721
activities, the public utility shall restore any land of the solid	55722
waste facility disturbed by those activities to the condition	55723
existing prior to the commencement of those activities.	55724

(I) No owner or operator of a hazardous waste facility, in	55725
the operation of the facility, shall cause, permit, or allow the	55726
emission therefrom of any particulate matter, dust, fumes, gas,	55727
mist, smoke, vapor, or odorous substance that, in the opinion of	55728
the director, unreasonably interferes with the comfortable	55729
enjoyment of life or property by persons living or working in the	55730
vicinity of the facility, or that is injurious to public health.	55731
Any such action is hereby declared to be a public nuisance.	55732

(J) Notwithstanding any other provision of this chapter, in	55733
the event the director finds an imminent and substantial danger to	55734
public health or safety or the environment that creates an	55735
emergency situation requiring the immediate treatment, storage, or	55736
disposal of hazardous waste, the director may issue a temporary	55737
emergency permit to allow the treatment, storage, or disposal of	55738
the hazardous waste at a facility that is not otherwise authorized	55739
by a hazardous waste facility installation and operation permit to	55740
treat, store, or dispose of the waste. The emergency permit shall	55741
not exceed ninety days in duration and shall not be renewed. The	55742
director shall adopt, and may amend, suspend, or rescind, rules in	55743
accordance with Chapter 119. of the Revised Code governing the	55744
issuance, modification, revocation, and denial of emergency	55745
permits.	55746

(K) Except for infectious wastes generated by a person who	55747
produces fewer than fifty pounds of infectious wastes at a	55748
premises during any one month, no owner or operator of a sanitary	55749
landfill shall knowingly accept for disposal, or dispose of, any	55750
infectious wastes that have not been treated to render them	55751
noninfectious.	55752

(L) The director, in accordance with Chapter 119. of the	55753
Revised Code, shall adopt, and may amend, suspend, or rescind,	55754
rules having uniform application throughout the state establishing	55755
a training and certification program that shall be required for	55756
employees of boards of health who are responsible for enforcing	55757
the solid waste and infectious waste provisions of this chapter	55758
and rules adopted under them and for persons who are responsible	55759
for the operation of solid waste facilities or infectious waste	55760
treatment facilities. The rules shall provide all of the	55761
following, without limitation:	55762

(1) The program shall be administered by the director and	55763
shall consist of a course on new solid waste and infectious waste	55764
technologies, enforcement procedures, and rules;	55765

(2) The course shall be offered on an annual basis;

55766

(3) Those persons who are required to take the course under	55767
division (L) of this section shall do so triennially;	55768

(4) Persons who successfully complete the course shall be	55769
certified by the director;	55770

(5) Certification shall be required for all employees of	55771
boards of health who are responsible for enforcing the solid waste	55772
or infectious waste provisions of this chapter and rules adopted	55773
under them and for all persons who are responsible for the	55774
operation of solid waste facilities or infectious waste treatment	55775
facilities;	55776

(6)(a) All employees of a board of health who, on the	55777
effective date of the rules adopted under this division, are	55778
responsible for enforcing the solid waste or infectious waste	55779
provisions of this chapter and the rules adopted under them shall	55780
complete the course and be certified by the director not later	55781
than January 1, 1995;	55782

(b) All employees of a board of health who, after the	55783
effective date of the rules adopted under division (L) of this	55784
section, become responsible for enforcing the solid waste or	55785
infectious waste provisions of this chapter and rules adopted	55786
under them and who do not hold a current and valid certification	55787
from the director at that time shall complete the course and be	55788
certified by the director within two years after becoming	55789
responsible for performing those activities.	55790

No person shall fail to obtain the certification required	55791
under this division.	55792

(M) The director shall not issue a permit under section	55793
3734.05 of the Revised Code to establish a solid waste facility,	55794
or to modify a solid waste facility operating on December 21,	55795
1988, in a manner that expands the disposal capacity or geographic	55796
area covered by the facility, that is or is to be located within	55797
the boundaries of a state park established or dedicated under	55798
Chapter 1541. of the Revised Code, a state park purchase area	55799
established under section 1541.02 of the Revised Code, any unit of	55800
the national park system, or any property that lies within the	55801
boundaries of a national park or recreation area, but that has not	55802
been acquired or is not administered by the secretary of the	55803
United States department of the interior, located in this state,	55804
or any candidate area located in this state and identified for	55805
potential inclusion in the national park system in the edition of	55806
the "national park system plan" submitted under paragraph (b) of	55807
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	55808
U.S.C.A. 1a-5, as amended, current at the time of filing of the	55809
application for the permit, unless the facility or proposed	55810
facility is or is to be used exclusively for the disposal of solid	55811
wastes generated within the park or recreation area and the	55812
director determines that the facility or proposed facility will	55813
not degrade any of the natural or cultural resources of the park	55814
or recreation area. The director shall not issue a variance under	55815
division (A) of this section and rules adopted under it, or issue	55816
an exemption order under division (G) of this section, that would	55817
authorize any such establishment or expansion of a solid waste	55818
facility within the boundaries of any such park or recreation	55819
area, state park purchase area, or candidate area, other than a	55820
solid waste facility exclusively for the disposal of solid wastes	55821
generated within the park or recreation area when the director	55822
determines that the facility will not degrade any of the natural	55823
or cultural resources of the park or recreation area.	55824

(N)(1) The rules adopted under division (A) of this section,	55825
other than those governing variances, do not apply to scrap tire	55826
collection, storage, monocell, monofill, and recovery facilities.	55827
Those facilities are subject to and governed by rules adopted	55828
under sections 3734.70 to 3734.73 of the Revised Code, as	55829
applicable.	55830

(2) Division (C) of this section does not apply to scrap tire	55831
collection, storage, monocell, monofill, and recovery facilities.	55832
The establishment and modification of those facilities are subject	55833
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	55834
Code, as applicable.	55835

(3) The director may adopt, amend, suspend, or rescind rules	55836
under division (A) of this section creating an alternative system	55837
for authorizing the establishment, operation, or modification of a	55838
solid waste compost facility in lieu of the requirement that a	55839
person seeking to establish, operate, or modify a solid waste	55840
compost facility apply for and receive a permit under division (C)	55841
of this section and section 3734.05 of the Revised Code and a	55842
license under division (A)(1) of that section. The rules may	55843
include requirements governing, without limitation, the	55844
classification of solid waste compost facilities, the submittal of	55845
operating records for solid waste compost facilities, and the	55846
creation of a registration or notification system in lieu of the	55847
issuance of permits and licenses for solid waste compost	55848
facilities. The rules shall specify the applicability of divisions	55849
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	55850
Code to a solid waste compost facility.	55851

(O)(1) As used in this division, "secondary aluminum waste"	55852
means waste material or byproducts, when disposed of, containing	55853
aluminum generated from secondary aluminum smelting operations and	55854
consisting of dross, salt cake, baghouse dust associated with	55855
aluminum recycling furnace operations, or dry-milled wastes.	55856

(2) The owner or operator of a sanitary landfill shall not	55857
dispose of municipal solid waste that has been commingled with	55858
secondary aluminum waste.	55859

(3) The owner or operator of a sanitary landfill may dispose	55860
of secondary aluminum waste, but only in a monocell or monofill	55861
that has been permitted for that purpose in accordance with this	55862
chapter and rules adopted under it.	55863

(P)(1) As used in divisions (P) and (Q) of this section:

55864

(a) "Natural background" means two picocuries per gram or the	55865
actual number of picocuries per gram as measured at an individual	55866
solid waste facility, subject to verification by the director of	55867
health.	55868

(b) "Drilling operation" includes a production operation as	55869
defined in section 1509.01 of the Revised Code.	55870

(2) The owner or operator of a solid waste facility shall not	55871
accept for transfer or disposal technologically enhanced naturally	55872
occurring radioactive material if that material contains or is	55873
contaminated with radium-226, radium-228, or any combination of	55874
radium-226 and radium-228 at concentrations equal to or greater	55875
than five picocuries per gram above natural background.	55876

(3) The owner or operator of a solid waste facility may	55877
receive and process for purposes other than transfer or disposal	55878
technologically enhanced naturally occurring radioactive material	55879
that contains or is contaminated with radium-226, radium-228, or	55880
any combination of radium-226 and radium-228 at concentrations	55881
equal to or greater than five picocuries per gram above natural	55882
background, provided that the owner or operator has obtained and	55883
maintains all other necessary authorizations, including any	55884
authorization required by rules adopted by the director of health	55885
under section 3748.04 of the Revised Code.	55886

(4) The director of environmental protection may adopt rules	55887
in accordance with Chapter 119. of the Revised Code governing the	55888
receipt, acceptance, processing, handling, management, and	55889
disposal by solid waste facilities of material that contains or is	55890
contaminated with radioactive material, including, without	55891
limitation, technologically enhanced naturally occurring	55892
radioactive material that contains or is contaminated with	55893
radium-226, radium-228, or any combination of radium-226 and	55894
radium-228 at concentrations less than five picocuries per gram	55895
above natural background. Rules adopted by the director may	55896
include at a minimum all of the following:	55897

(a) Requirements in accordance with which the owner or	55898
operator of a solid waste facility must monitor leachate and	55899
ground water for radium-226, radium-228, and other radionuclides;	55900

(b) Requirements in accordance with which the owner or	55901
operator of a solid waste facility must develop procedures to	55902
ensure that technologically enhanced naturally occurring	55903
radioactive material accepted at the facility neither contains nor	55904
is contaminated with radium-226, radium-228, or any combination of	55905
radium-226 and radium-228 at concentrations equal to or greater	55906
than five picocuries per gram above natural background;	55907

(c) Requirements in accordance with which the owner or	55908
operator of a solid waste facility must dispose of radioactive	55909
material, including, without limitation, technologically enhanced	55910
naturally occurring radioactive material that contains or is	55911
contaminated with radium-226, radium-228, or any combination of	55912
radium-226 and radium-228 at concentrations less than five	55913
picocuries per gram above natural background, only in a monocell	55914
or monofill that has been permitted for that purpose in accordance	55915
with this chapter and rules adopted under it.	55916

(Q) Notwithstanding any other provision of this section, the	55917
owner or operator of a solid waste facility shall not receive,	55918
accept, process, handle, manage, or dispose of technologically	55919
enhanced naturally occurring radioactive material associated with	55920
drilling operations without first obtaining representative	55921
analytical results to determine compliance with divisions (P)(2)	55922
and (3) of this section and rules adopted under it.	55923

Sec. 3734.125. The director of environmental protection may	55924
adopt rules in accordance with Chapter 119. of the Revised Code	55925
establishing requirements governing the beneficial use of material	55926
from a horizontal well that has come in contact with a refined	55927
oil-based substance and that is not technologically enhanced	55928
naturally occurring radioactive material.	55929

Sec. 3734.20. (A) If the director of environmental	55930
protection has reason to believe that hazardous waste was treated,	55931
stored, or disposed of at any location within the state, the	55932
director may conduct such investigations and make such inquiries,	55933
including obtaining samples and examining and copying records, as	55934
are reasonable or necessary to determine if conditions at a	55935
hazardous waste facility, solid waste facility, or other location	55936
where the director has reason to believe hazardous waste was	55937
treated, stored, or disposed of constitute a substantial threat to	55938
public health or safety or are causing or contributing to or	55939
threatening to cause or contribute to air or water pollution or	55940
soil contamination. The director or the director's authorized	55941
representative may apply for, and any judge of a court of common	55942
pleas shall issue, an appropriate search warrant necessary to	55943
achieve the purposes of this section within the court's	55944
territorial jurisdiction. The director may expend moneys from the	55945
hazardous waste facility management fund created in section	55946
3734.18 of the Revised Code, the hazardous waste clean-up fund	55947
created in section 3734.28 of the Revised Code, or the	55948
environmental protection remediation fund created in section	55949
3734.281 of the Revised Code for conducting investigations under	55950
this section.	55951

(B) If the director determines that conditions at a hazardous	55952
waste facility, solid waste facility, or other location where	55953
hazardous waste was treated, stored, or disposed of constitute a	55954
substantial threat to public health or safety or are causing or	55955
contributing to or threatening to cause or contribute to air or	55956
water pollution or soil contamination, the director shall initiate	55957
appropriate action under this chapter or Chapter 3704. or 6111. of	55958
the Revised Code or seek any other appropriate legal or equitable	55959
remedies to investigate or abate the pollution or contamination or	55960
to protect public health or safety. The action may include the	55961
issuance of an order to any person who is violating or has	55962
violated this chapter or Chapter 3704. or 6111. of the Revised	55963
Code, a rule adopted under any of those chapters, or a term or	55964
condition of a permit, license, variance, or order issued under	55965
any of those chapters. The order may include an agreement by the	55966
person to whom the order is issued to pay the costs incurred by	55967
the environmental protection agency as a result of the violation.	55968

If an order of the director to abate or prevent air or water	55969
pollution or soil contamination or to remedy a threat to public	55970
health or safety caused by conditions at such a facility or	55971
location issued pursuant to this chapter or Chapter 3704. or 6111.	55972
of the Revised Code is not wholly complied with within the time	55973
prescribed in the order, the director may, through officers or	55974
employees of the ~~environmental protection~~ agency or through	55975
contractors employed for that purpose in accordance with the	55976
bidding procedure established in division (C) of section 3734.23	55977
of the Revised Code, enter upon the facility or location and	55978
perform those investigations or measures necessary to abate or	55979
prevent air or water pollution or soil contamination from the	55980
facility or location or to protect public health or safety,	55981
including, but not limited to, measures prescribed in division (B)	55982
of section 3734.23 of the Revised Code. The director shall keep an	55983
itemized record of the cost of the ~~investigation~~investigations	55984
and measures performed, including costs incurred by the agency for	55985
labor, materials, and any contract services required. Upon	55986
completion of the ~~investigation~~investigations or measures, the	55987
director shall record the cost of performing those investigations	55988
or measures at the office of the county recorder of the county in	55989
which the facility or location is located. The cost so recorded	55990
constitutes a lien against the property on which the facility or	55991
location is located until discharged. Upon written request of the	55992
director, the attorney general shall institute a civil action to	55993
recover the cost. Any moneys so received shall be credited to the	55994
hazardous waste facility management fund, the hazardous waste	55995
clean-up fund, or the environmental protection remediation fund,	55996
as applicable.	55997

When entering upon a facility or location under this	55998
division, the director shall perform or cause to be performed only	55999
those investigations or measures necessary to abate or prevent	56000
air or water pollution or soil contamination caused by conditions	56001
at the facility or location or to abate threats to public health	56002
or safety caused by conditions at the facility or location. For	56003
this purpose the director may expend moneys from the hazardous	56004
waste facility management fund, the hazardous waste clean-up fund,	56005
or the environmental protection remediation fund and may expend	56006
moneys from loans from the Ohio water development authority to the	56007
environmental protection agency that pledge moneys from the	56008
hazardous waste facility management fund, the hazardous waste	56009
clean-up fund, or the environmental protection remediation fund	56010
for the repayment of and for the interest on such loans.	56011

Sec. 3734.28. Except as otherwise provided in sections	56012
3734.281 and 3734.282 of the Revised Code, moneys collected under	56013
sections 3734.122, 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26	56014
of the Revised Code and under the "Comprehensive Environmental	56015
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	56016
42 U.S.C.A. 9601, et seq., as amended, including moneys recovered	56017
under division (B)(1) of this section, shall be paid into the	56018
state treasury to the credit of the hazardous waste clean-up fund,	56019
which is hereby created. In addition, both of the following shall	56020
be credited to the fund:	56021

(A) Moneys recovered for costs paid from the fund for	56022
activities described in divisions (A)(1) and (2) of section	56023
3745.12 of the Revised Code;	56024

(B) Natural resource damage assessment costs recovered under	56025
any of the following:	56026

(1) The "Comprehensive Environmental Response, Compensation,	56027
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	56028
seq., as amended;	56029

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	56030
2701, et seq., as amended;	56031

(3) The ~~Federal Water Pollution Control Act as defined in~~	56032
~~section 6111.01 of the Revised Code~~"Clean Water Act of 1977," 91	56033
Stat. 1566, 33 U.S.C. 1321, et seq., as amended;	56034

(4) Any other applicable federal or state law.

56035

The environmental protection agency shall use the moneys in	56036
the fund for the purposes set forth in division (D) of section	56037
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	56038
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	56039
and Chapter 3746. of the Revised Code, including any related	56040
enforcement expenses and administrative expenses of any related	56041
closure or corrective action program. In addition, the agency	56042
shall use the moneys in the fund to pay the state's long-term	56043
operation and maintenance costs or matching share for actions	56044
taken under the "Comprehensive Environmental Response,	56045
Compensation, and Liability Act of 1980," as amended. If those	56046
moneys are reimbursed by grants or other moneys from the United	56047
States or any other person, the moneys shall be placed in the fund	56048
and not in the general revenue fund.	56049

The director of environmental protection may enter into	56050
contracts and grant agreements with federal, state, or local	56051
government agencies, nonprofit organizations, and colleges and	56052
universities for the purpose of carrying out the responsibilities	56053
of the environmental protection agency for which money may be	56054
expended from the fund.	56055

Sec. 3734.57. (A) The following fees are hereby levied on	56056
the transfer or disposal of solid wastes in this state:	56057

(1) One dollar per ton through June 30, ~~2014~~2016, ~~one-half~~	56058
thirty per cent of the proceeds of which shall be deposited in the	56059
state treasury to the credit of the hazardous waste facility	56060
management fund created in section 3734.18 of the Revised Code and	56061
~~one-half~~seventy per cent of the proceeds of which shall be	56062
deposited in the state treasury to the credit of the hazardous	56063
waste clean-up fund created in section 3734.28 of the Revised	56064
Code;	56065

(2) An additional one dollar per ton through June 30, ~~2014~~	56066
2016, the proceeds of which shall be deposited in the state	56067
treasury to the credit of the solid waste fund, which is hereby	56068
created. The environmental protection agency shall use money in	56069
the solid waste fund to pay the costs of administering and	56070
enforcing the laws pertaining to solid wastes, infectious wastes,	56071
and construction and demolition debris, including, without	56072
limitation, ground water evaluations related to solid wastes,	56073
infectious wastes, and construction and demolition debris, under	56074
this chapter and Chapter 3714. of the Revised Code and any rules	56075
adopted under them, providing compliance assistance to small	56076
businesses, and paying a share of the administrative costs of the	56077
environmental protection agency pursuant to section 3745.014 of	56078
the Revised Code.	56079

(3) An additional two dollars and fifty cents per ton through	56080
June 30, ~~2014~~2016, the proceeds of which shall be deposited in	56081
the state treasury to the credit of the environmental protection	56082
fund created in section 3745.015 of the Revised Code;	56083

(4) An additional twenty-five cents per ton through June 30,	56084
~~2013~~2016, the proceeds of which shall be deposited in the state	56085
treasury to the credit of the soil and water conservation district	56086
assistance fund created in section 1515.14 of the Revised Code.	56087

In the case of solid wastes that are taken to a solid waste	56088
transfer facility located in this state prior to being transported	56089
for disposal at a solid waste disposal facility located in this	56090
state or outside of this state, the fees levied under this	56091
division shall be collected by the owner or operator of the	56092
transfer facility as a trustee for the state. The amount of fees	56093
required to be collected under this division at such a transfer	56094
facility shall equal the total tonnage of solid wastes received at	56095
the facility multiplied by the fees levied under this division. In	56096
the case of solid wastes that are not taken to a solid waste	56097
transfer facility located in this state prior to being transported	56098
to a solid waste disposal facility, the fees shall be collected by	56099
the owner or operator of the solid waste disposal facility as a	56100
trustee for the state. The amount of fees required to be collected	56101
under this division at such a disposal facility shall equal the	56102
total tonnage of solid wastes received at the facility that was	56103
not previously taken to a solid waste transfer facility located in	56104
this state multiplied by the fees levied under this division. Fees	56105
levied under this division do not apply to materials separated	56106
from a mixed waste stream for recycling by a generator or	56107
materials removed from the solid waste stream through recycling,	56108
as "recycling" is defined in rules adopted under section 3734.02	56109
of the Revised Code.	56110

The owner or operator of a solid waste transfer facility or	56111
disposal facility, as applicable, shall prepare and file with the	56112
director of environmental protection each month a return	56113
indicating the total tonnage of solid wastes received at the	56114
facility during that month and the total amount of the fees	56115
required to be collected under this division during that month. In	56116
addition, the owner or operator of a solid waste disposal facility	56117
shall indicate on the return the total tonnage of solid wastes	56118
received from transfer facilities located in this state during	56119
that month for which the fees were required to be collected by the	56120
transfer facilities. The monthly returns shall be filed on a form	56121
prescribed by the director. Not later than thirty days after the	56122
last day of the month to which a return applies, the owner or	56123
operator shall mail to the director the return for that month	56124
together with the fees required to be collected under this	56125
division during that month as indicated on the return or may	56126
submit the return and fees electronically in a manner approved by	56127
the director. If the return is filed and the amount of the fees	56128
due is paid in a timely manner as required in this division, the	56129
owner or operator may retain a discount of three-fourths of one	56130
per cent of the total amount of the fees that are required to be	56131
paid as indicated on the return.	56132

The owner or operator may request an extension of not more	56133
than thirty days for filing the return and remitting the fees,	56134
provided that the owner or operator has submitted such a request	56135
in writing to the director together with a detailed description of	56136
why the extension is requested, the director has received the	56137
request not later than the day on which the return is required to	56138
be filed, and the director has approved the request. If the fees	56139
are not remitted within thirty days after the last day of the	56140
month to which the return applies or are not remitted by the last	56141
day of an extension approved by the director, the owner or	56142
operator shall not retain the three-fourths of one per cent	56143
discount and shall pay an additional ten per cent of the amount of	56144
the fees for each month that they are late. For purposes of	56145
calculating the late fee, the first month in which fees are late	56146
begins on the first day after the deadline has passed for timely	56147
submitting the return and fees, and one additional month shall be	56148
counted every thirty days thereafter.	56149

The owner or operator of a solid waste facility may request a	56150
refund or credit of fees levied under this division and remitted	56151
to the director that have not been paid to the owner or operator.	56152
Such a request shall be made only if the fees have not been	56153
collected by the owner or operator, have become a debt that has	56154
become worthless or uncollectable for a period of six months or	56155
more, and may be claimed as a deduction, including a deduction	56156
claimed if the owner or operator keeps accounts on an accrual	56157
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	56158
U.S.C. 166, as amended, and regulations adopted under it. Prior to	56159
making a request for a refund or credit, an owner or operator	56160
shall make reasonable efforts to collect the applicable fees. A	56161
request for a refund or credit shall not include any costs	56162
resulting from those efforts to collect unpaid fees.	56163

A request for a refund or credit of fees shall be made in	56164
writing, on a form prescribed by the director, and shall be	56165
supported by evidence that may be required in rules adopted by the	56166
director under this chapter. After reviewing the request, and if	56167
the request and evidence submitted with the request indicate that	56168
a refund or credit is warranted, the director shall grant a refund	56169
to the owner or operator or shall permit a credit to be taken by	56170
the owner or operator on a subsequent monthly return submitted by	56171
the owner or operator. The amount of a refund or credit shall not	56172
exceed an amount that is equal to ninety days' worth of fees owed	56173
to an owner or operator by a particular debtor of the owner or	56174
operator. A refund or credit shall not be granted by the director	56175
to an owner or operator more than once in any twelve-month period	56176
for fees owed to the owner or operator by a particular debtor.	56177

If, after receiving a refund or credit from the director, an	56178
owner or operator receives payment of all or part of the fees, the	56179
owner or operator shall remit the fees with the next monthly	56180
return submitted to the director together with a written	56181
explanation of the reason for the submittal.	56182

For purposes of computing the fees levied under this division	56183
or division (B) of this section, any solid waste transfer or	56184
disposal facility that does not use scales as a means of	56185
determining gate receipts shall use a conversion factor of three	56186
cubic yards per ton of solid waste or one cubic yard per ton for	56187
baled waste, as applicable.	56188

The fees levied under this division and divisions (B) and (C)	56189
of this section are in addition to all other applicable fees and	56190
taxes and shall be paid by the customer or a political subdivision	56191
to the owner or operator of a solid waste transfer or disposal	56192
facility. In the alternative, the fees shall be paid by a customer	56193
or political subdivision to a transporter of waste who	56194
subsequently transfers the fees to the owner or operator of such a	56195
facility. The fees shall be paid notwithstanding the existence of	56196
any provision in a contract that the customer or a political	56197
subdivision may have with the owner or operator or with a	56198
transporter of waste to the facility that would not require or	56199
allow such payment regardless of whether the contract was entered	56200
prior to or after October 16, 2009. For those purposes, "customer"	56201
means a person who contracts with, or utilizes the solid waste	56202
services of, the owner or operator of a solid waste transfer or	56203
disposal facility or a transporter of solid waste to such a	56204
facility.	56205

(B) For the purposes specified in division (G) of this	56206
section, the solid waste management policy committee of a county	56207
or joint solid waste management district may levy fees upon the	56208
following activities:	56209

(1) The disposal at a solid waste disposal facility located	56210
in the district of solid wastes generated within the district;	56211

(2) The disposal at a solid waste disposal facility within	56212
the district of solid wastes generated outside the boundaries of	56213
the district, but inside this state;	56214

(3) The disposal at a solid waste disposal facility within	56215
the district of solid wastes generated outside the boundaries of	56216
this state.	56217

The solid waste management plan of the county or joint	56218
district approved under section 3734.521 or 3734.55 of the Revised	56219
Code and any amendments to it, or the resolution adopted under	56220
this division, as appropriate, shall establish the rates of the	56221
fees levied under divisions (B)(1), (2), and (3) of this section,	56222
if any, and shall specify whether the fees are levied on the basis	56223
of tons or cubic yards as the unit of measurement. A solid waste	56224
management district that levies fees under this division on the	56225
basis of cubic yards shall do so in accordance with division (A)	56226
of this section.	56227

The fee levied under division (B)(1) of this section shall be	56228
not less than one dollar per ton nor more than two dollars per	56229
ton, the fee levied under division (B)(2) of this section shall be	56230
not less than two dollars per ton nor more than four dollars per	56231
ton, and the fee levied under division (B)(3) of this section	56232
shall be not more than the fee levied under division (B)(1) of	56233
this section.	56234

Prior to the approval of the solid waste management plan of a	56235
district under section 3734.55 of the Revised Code, the solid	56236
waste management policy committee of a district may levy fees	56237
under this division by adopting a resolution establishing the	56238
proposed amount of the fees. Upon adopting the resolution, the	56239
committee shall deliver a copy of the resolution to the board of	56240
county commissioners of each county forming the district and to	56241
the legislative authority of each municipal corporation and	56242
township under the jurisdiction of the district and shall prepare	56243
and publish the resolution and a notice of the time and location	56244
where a public hearing on the fees will be held. Upon adopting the	56245
resolution, the committee shall deliver written notice of the	56246
adoption of the resolution; of the amount of the proposed fees;	56247
and of the date, time, and location of the public hearing to the	56248
director and to the fifty industrial, commercial, or institutional	56249
generators of solid wastes within the district that generate the	56250
largest quantities of solid wastes, as determined by the	56251
committee, and to their local trade associations. The committee	56252
shall make good faith efforts to identify those generators within	56253
the district and their local trade associations, but the	56254
nonprovision of notice under this division to a particular	56255
generator or local trade association does not invalidate the	56256
proceedings under this division. The publication shall occur at	56257
least thirty days before the hearing. After the hearing, the	56258
committee may make such revisions to the proposed fees as it	56259
considers appropriate and thereafter, by resolution, shall adopt	56260
the revised fee schedule. Upon adopting the revised fee schedule,	56261
the committee shall deliver a copy of the resolution doing so to	56262
the board of county commissioners of each county forming the	56263
district and to the legislative authority of each municipal	56264
corporation and township under the jurisdiction of the district.	56265
Within sixty days after the delivery of a copy of the resolution	56266
adopting the proposed revised fees by the policy committee, each	56267
such board and legislative authority, by ordinance or resolution,	56268
shall approve or disapprove the revised fees and deliver a copy of	56269
the ordinance or resolution to the committee. If any such board or	56270
legislative authority fails to adopt and deliver to the policy	56271
committee an ordinance or resolution approving or disapproving the	56272
revised fees within sixty days after the policy committee	56273
delivered its resolution adopting the proposed revised fees, it	56274
shall be conclusively presumed that the board or legislative	56275
authority has approved the proposed revised fees. The committee	56276
shall determine if the resolution has been ratified in the same	56277
manner in which it determines if a draft solid waste management	56278
plan has been ratified under division (B) of section 3734.55 of	56279
the Revised Code.	56280

The committee may amend the schedule of fees levied pursuant	56281
to a resolution adopted and ratified under this division by	56282
adopting a resolution establishing the proposed amount of the	56283
amended fees. The committee may repeal the fees levied pursuant to	56284
such a resolution by adopting a resolution proposing to repeal	56285
them. Upon adopting such a resolution, the committee shall proceed	56286
to obtain ratification of the resolution in accordance with this	56287
division.	56288

Not later than fourteen days after declaring the new fees to	56289
be ratified or the fees to be repealed under this division, the	56290
committee shall notify by certified mail the owner or operator of	56291
each solid waste disposal facility that is required to collect the	56292
fees of the ratification and the amount of the fees or of the	56293
repeal of the fees. Collection of any fees shall commence or	56294
collection of repealed fees shall cease on the first day of the	56295
second month following the month in which notification is sent to	56296
the owner or operator.	56297

Fees levied under this division also may be established,	56298
amended, or repealed by a solid waste management policy committee	56299
through the adoption of a new district solid waste management	56300
plan, the adoption of an amended plan, or the amendment of the	56301
plan or amended plan in accordance with sections 3734.55 and	56302
3734.56 of the Revised Code or the adoption or amendment of a	56303
district plan in connection with a change in district composition	56304
under section 3734.521 of the Revised Code.	56305

Not later than fourteen days after the director issues an	56306
order approving a district's solid waste management plan, amended	56307
plan, or amendment to a plan or amended plan that establishes,	56308
amends, or repeals a schedule of fees levied by the district, the	56309
committee shall notify by certified mail the owner or operator of	56310
each solid waste disposal facility that is required to collect the	56311
fees of the approval of the plan or amended plan, or the amendment	56312
to the plan, as appropriate, and the amount of the fees, if any.	56313
In the case of an initial or amended plan approved under section	56314
3734.521 of the Revised Code in connection with a change in	56315
district composition, other than one involving the withdrawal of a	56316
county from a joint district, the committee, within fourteen days	56317
after the change takes effect pursuant to division (G) of that	56318
section, shall notify by certified mail the owner or operator of	56319
each solid waste disposal facility that is required to collect the	56320
fees that the change has taken effect and of the amount of the	56321
fees, if any. Collection of any fees shall commence or collection	56322
of repealed fees shall cease on the first day of the second month	56323
following the month in which notification is sent to the owner or	56324
operator.	56325

If, in the case of a change in district composition involving	56326
the withdrawal of a county from a joint district, the director	56327
completes the actions required under division (G)(1) or (3) of	56328
section 3734.521 of the Revised Code, as appropriate, forty-five	56329
days or more before the beginning of a calendar year, the policy	56330
committee of each of the districts resulting from the change that	56331
obtained the director's approval of an initial or amended plan in	56332
connection with the change, within fourteen days after the	56333
director's completion of the required actions, shall notify by	56334
certified mail the owner or operator of each solid waste disposal	56335
facility that is required to collect the district's fees that the	56336
change is to take effect on the first day of January immediately	56337
following the issuance of the notice and of the amount of the fees	56338
or amended fees levied under divisions (B)(1) to (3) of this	56339
section pursuant to the district's initial or amended plan as so	56340
approved or, if appropriate, the repeal of the district's fees by	56341
that initial or amended plan. Collection of any fees set forth in	56342
such a plan or amended plan shall commence on the first day of	56343
January immediately following the issuance of the notice. If such	56344
an initial or amended plan repeals a schedule of fees, collection	56345
of the fees shall cease on that first day of January.	56346

If, in the case of a change in district composition involving	56347
the withdrawal of a county from a joint district, the director	56348
completes the actions required under division (G)(1) or (3) of	56349
section 3734.521 of the Revised Code, as appropriate, less than	56350
forty-five days before the beginning of a calendar year, the	56351
director, on behalf of each of the districts resulting from the	56352
change that obtained the director's approval of an initial or	56353
amended plan in connection with the change proceedings, shall	56354
notify by certified mail the owner or operator of each solid waste	56355
disposal facility that is required to collect the district's fees	56356
that the change is to take effect on the first day of January	56357
immediately following the mailing of the notice and of the amount	56358
of the fees or amended fees levied under divisions (B)(1) to (3)	56359
of this section pursuant to the district's initial or amended plan	56360
as so approved or, if appropriate, the repeal of the district's	56361
fees by that initial or amended plan. Collection of any fees set	56362
forth in such a plan or amended plan shall commence on the first	56363
day of the second month following the month in which notification	56364
is sent to the owner or operator. If such an initial or amended	56365
plan repeals a schedule of fees, collection of the fees shall	56366
cease on the first day of the second month following the month in	56367
which notification is sent to the owner or operator.	56368

If the schedule of fees that a solid waste management	56369
district is levying under divisions (B)(1) to (3) of this section	56370
is amended or repealed, the fees in effect immediately prior to	56371
the amendment or repeal shall continue to be collected until	56372
collection of the amended fees commences or collection of the	56373
repealed fees ceases, as applicable, as specified in this	56374
division. In the case of a change in district composition, money	56375
so received from the collection of the fees of the former	56376
districts shall be divided among the resulting districts in	56377
accordance with division (B) of section 343.012 of the Revised	56378
Code and the agreements entered into under division (B) of section	56379
343.01 of the Revised Code to establish the former and resulting	56380
districts and any amendments to those agreements.	56381

For the purposes of the provisions of division (B) of this	56382
section establishing the times when newly established or amended	56383
fees levied by a district are required to commence and the	56384
collection of fees that have been amended or repealed is required	56385
to cease, "fees" or "schedule of fees" includes, in addition to	56386
fees levied under divisions (B)(1) to (3) of this section, those	56387
levied under section 3734.573 or 3734.574 of the Revised Code.	56388

(C) For the purposes of defraying the added costs to a	56389
municipal corporation or township of maintaining roads and other	56390
public facilities and of providing emergency and other public	56391
services, and compensating a municipal corporation or township for	56392
reductions in real property tax revenues due to reductions in real	56393
property valuations resulting from the location and operation of a	56394
solid waste disposal facility within the municipal corporation or	56395
township, a municipal corporation or township in which such a	56396
solid waste disposal facility is located may levy a fee of not	56397
more than twenty-five cents per ton on the disposal of solid	56398
wastes at a solid waste disposal facility located within the	56399
boundaries of the municipal corporation or township regardless of	56400
where the wastes were generated.	56401

The legislative authority of a municipal corporation or	56402
township may levy fees under this division by enacting an	56403
ordinance or adopting a resolution establishing the amount of the	56404
fees. Upon so doing the legislative authority shall mail a	56405
certified copy of the ordinance or resolution to the board of	56406
county commissioners or directors of the county or joint solid	56407
waste management district in which the municipal corporation or	56408
township is located or, if a regional solid waste management	56409
authority has been formed under section 343.011 of the Revised	56410
Code, to the board of trustees of that regional authority, the	56411
owner or operator of each solid waste disposal facility in the	56412
municipal corporation or township that is required to collect the	56413
fee by the ordinance or resolution, and the director of	56414
environmental protection. Although the fees levied under this	56415
division are levied on the basis of tons as the unit of	56416
measurement, the legislative authority, in its ordinance or	56417
resolution levying the fees under this division, may direct that	56418
the fees be levied on the basis of cubic yards as the unit of	56419
measurement based upon a conversion factor of three cubic yards	56420
per ton generally or one cubic yard per ton for baled wastes.	56421

Not later than five days after enacting an ordinance or	56422
adopting a resolution under this division, the legislative	56423
authority shall so notify by certified mail the owner or operator	56424
of each solid waste disposal facility that is required to collect	56425
the fee. Collection of any fee levied on or after March 24, 1992,	56426
shall commence on the first day of the second month following the	56427
month in which notification is sent to the owner or operator.	56428

(D)(1) The fees levied under divisions (A), (B), and (C) of	56429
this section do not apply to the disposal of solid wastes that:	56430

(a) Are disposed of at a facility owned by the generator of	56431
the wastes when the solid waste facility exclusively disposes of	56432
solid wastes generated at one or more premises owned by the	56433
generator regardless of whether the facility is located on a	56434
premises where the wastes are generated;	56435

(b) Are generated from the combustion of coal, or from the	56436
combustion of primarily coal, regardless of whether the disposal	56437
facility is located on the premises where the wastes are	56438
generated;	56439

(c) Are asbestos or asbestos-containing materials or products	56440
disposed of at a construction and demolition debris facility that	56441
is licensed under Chapter 3714. of the Revised Code or at a solid	56442
waste facility that is licensed under this chapter.	56443

(2) Except as provided in section 3734.571 of the Revised	56444
Code, any fees levied under division (B)(1) of this section apply	56445
to solid wastes originating outside the boundaries of a county or	56446
joint district that are covered by an agreement for the joint use	56447
of solid waste facilities entered into under section 343.02 of the	56448
Revised Code by the board of county commissioners or board of	56449
directors of the county or joint district where the wastes are	56450
generated and disposed of.	56451

(3) When solid wastes, other than solid wastes that consist	56452
of scrap tires, are burned in a disposal facility that is an	56453
incinerator or energy recovery facility, the fees levied under	56454
divisions (A), (B), and (C) of this section shall be levied upon	56455
the disposal of the fly ash and bottom ash remaining after burning	56456
of the solid wastes and shall be collected by the owner or	56457
operator of the sanitary landfill where the ash is disposed of.	56458

(4) When solid wastes are delivered to a solid waste transfer	56459
facility, the fees levied under divisions (B) and (C) of this	56460
section shall be levied upon the disposal of solid wastes	56461
transported off the premises of the transfer facility for disposal	56462
and shall be collected by the owner or operator of the solid waste	56463
disposal facility where the wastes are disposed of.	56464

(5) The fees levied under divisions (A), (B), and (C) of this	56465
section do not apply to sewage sludge that is generated by a waste	56466
water treatment facility holding a national pollutant discharge	56467
elimination system permit and that is disposed of through	56468
incineration, land application, or composting or at another	56469
resource recovery or disposal facility that is not a landfill.	56470

(6) The fees levied under divisions (A), (B), and (C) of this	56471
section do not apply to solid wastes delivered to a solid waste	56472
composting facility for processing. When any unprocessed solid	56473
waste or compost product is transported off the premises of a	56474
composting facility and disposed of at a landfill, the fees levied	56475
under divisions (A), (B), and (C) of this section shall be	56476
collected by the owner or operator of the landfill where the	56477
unprocessed waste or compost product is disposed of.	56478

(7) When solid wastes that consist of scrap tires are	56479
processed at a scrap tire recovery facility, the fees levied under	56480
divisions (A), (B), and (C) of this section shall be levied upon	56481
the disposal of the fly ash and bottom ash or other solid wastes	56482
remaining after the processing of the scrap tires and shall be	56483
collected by the owner or operator of the solid waste disposal	56484
facility where the ash or other solid wastes are disposed of.	56485

(8) The director of environmental protection may issue an	56486
order exempting from the fees levied under this section solid	56487
wastes, including, but not limited to, scrap tires, that are	56488
generated, transferred, or disposed of as a result of a contract	56489
providing for the expenditure of public funds entered into by the	56490
administrator or regional administrator of the United States	56491
environmental protection agency, the director of environmental	56492
protection, or the director of administrative services on behalf	56493
of the director of environmental protection for the purpose of	56494
remediating conditions at a hazardous waste facility, solid waste	56495
facility, or other location at which the administrator or regional	56496
administrator or the director of environmental protection has	56497
reason to believe that there is a substantial threat to public	56498
health or safety or the environment or that the conditions are	56499
causing or contributing to air or water pollution or soil	56500
contamination. An order issued by the director of environmental	56501
protection under division (D)(8) of this section shall include a	56502
determination that the amount of the fees not received by a solid	56503
waste management district as a result of the order will not	56504
adversely impact the implementation and financing of the	56505
district's approved solid waste management plan and any approved	56506
amendments to the plan. Such an order is a final action of the	56507
director of environmental protection.	56508

(E) The fees levied under divisions (B) and (C) of this	56509
section shall be collected by the owner or operator of the solid	56510
waste disposal facility where the wastes are disposed of as a	56511
trustee for the county or joint district and municipal corporation	56512
or township where the wastes are disposed of. Moneys from the fees	56513
levied under division (B) of this section shall be forwarded to	56514
the board of county commissioners or board of directors of the	56515
district in accordance with rules adopted under division (H) of	56516
this section. Moneys from the fees levied under division (C) of	56517
this section shall be forwarded to the treasurer or such other	56518
officer of the municipal corporation as, by virtue of the charter,	56519
has the duties of the treasurer or to the fiscal officer of the	56520
township, as appropriate, in accordance with those rules.	56521

(F) Moneys received by the treasurer or other officer of the	56522
municipal corporation under division (E) of this section shall be	56523
paid into the general fund of the municipal corporation. Moneys	56524
received by the fiscal officer of the township under that division	56525
shall be paid into the general fund of the township. The treasurer	56526
or other officer of the municipal corporation or the township	56527
fiscal officer, as appropriate, shall maintain separate records of	56528
the moneys received from the fees levied under division (C) of	56529
this section.	56530

(G) Moneys received by the board of county commissioners or	56531
board of directors under division (E) of this section or section	56532
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	56533
shall be paid to the county treasurer, or other official acting in	56534
a similar capacity under a county charter, in a county district or	56535
to the county treasurer or other official designated by the board	56536
of directors in a joint district and kept in a separate and	56537
distinct fund to the credit of the district. If a regional solid	56538
waste management authority has been formed under section 343.011	56539
of the Revised Code, moneys received by the board of trustees of	56540
that regional authority under division (E) of this section shall	56541
be kept by the board in a separate and distinct fund to the credit	56542
of the district. Moneys in the special fund of the county or joint	56543
district arising from the fees levied under division (B) of this	56544
section and the fee levied under division (A) of section 3734.573	56545
of the Revised Code shall be expended by the board of county	56546
commissioners or directors of the district in accordance with the	56547
district's solid waste management plan or amended plan approved	56548
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	56549
exclusively for the following purposes:	56550

(1) Preparation of the solid waste management plan of the	56551
district under section 3734.54 of the Revised Code, monitoring	56552
implementation of the plan, and conducting the periodic review and	56553
amendment of the plan required by section 3734.56 of the Revised	56554
Code by the solid waste management policy committee;	56555

(2) Implementation of the approved solid waste management	56556
plan or amended plan of the district, including, without	56557
limitation, the development and implementation of solid waste	56558
recycling or reduction programs;	56559

(3) Providing financial assistance to boards of health within	56560
the district, if solid waste facilities are located within the	56561
district, for enforcement of this chapter and rules, orders, and	56562
terms and conditions of permits, licenses, and variances adopted	56563
or issued under it, other than the hazardous waste provisions of	56564
this chapter and rules adopted and orders and terms and conditions	56565
of permits issued under those provisions;	56566

(4) Providing financial assistance to each county within the	56567
district to defray the added costs of maintaining roads and other	56568
public facilities and of providing emergency and other public	56569
services resulting from the location and operation of a solid	56570
waste facility within the county under the district's approved	56571
solid waste management plan or amended plan;	56572

(5) Pursuant to contracts entered into with boards of health	56573
within the district, if solid waste facilities contained in the	56574
district's approved plan or amended plan are located within the	56575
district, for paying the costs incurred by those boards of health	56576
for collecting and analyzing samples from public or private water	56577
wells on lands adjacent to those facilities;	56578

(6) Developing and implementing a program for the inspection	56579
of solid wastes generated outside the boundaries of this state	56580
that are disposed of at solid waste facilities included in the	56581
district's approved solid waste management plan or amended plan;	56582

(7) Providing financial assistance to boards of health within	56583
the district for the enforcement of section 3734.03 of the Revised	56584
Code or to local law enforcement agencies having jurisdiction	56585
within the district for enforcing anti-littering laws and	56586
ordinances;	56587

(8) Providing financial assistance to boards of health of	56588
health districts within the district that are on the approved list	56589
under section 3734.08 of the Revised Code to defray the costs to	56590
the health districts for the participation of their employees	56591
responsible for enforcement of the solid waste provisions of this	56592
chapter and rules adopted and orders and terms and conditions of	56593
permits, licenses, and variances issued under those provisions in	56594
the training and certification program as required by rules	56595
adopted under division (L) of section 3734.02 of the Revised Code;	56596

(9) Providing financial assistance to individual municipal	56597
corporations and townships within the district to defray their	56598
added costs of maintaining roads and other public facilities and	56599
of providing emergency and other public services resulting from	56600
the location and operation within their boundaries of a	56601
composting, energy or resource recovery, incineration, or	56602
recycling facility that either is owned by the district or is	56603
furnishing solid waste management facility or recycling services	56604
to the district pursuant to a contract or agreement with the board	56605
of county commissioners or directors of the district;	56606

(10) Payment of any expenses that are agreed to, awarded, or	56607
ordered to be paid under section 3734.35 of the Revised Code and	56608
of any administrative costs incurred pursuant to that section. In	56609
the case of a joint solid waste management district, if the board	56610
of county commissioners of one of the counties in the district is	56611
negotiating on behalf of affected communities, as defined in that	56612
section, in that county, the board shall obtain the approval of	56613
the board of directors of the district in order to expend moneys	56614
for administrative costs incurred.	56615

Prior to the approval of the district's solid waste	56616
management plan under section 3734.55 of the Revised Code, moneys	56617
in the special fund of the district arising from the fees shall be	56618
expended for those purposes in the manner prescribed by the solid	56619
waste management policy committee by resolution.	56620

Notwithstanding division (G)(6) of this section as it existed	56621
prior to October 29, 1993, or any provision in a district's solid	56622
waste management plan prepared in accordance with division	56623
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	56624
prior to that date, any moneys arising from the fees levied under	56625
division (B)(3) of this section prior to January 1, 1994, may be	56626
expended for any of the purposes authorized in divisions (G)(1) to	56627
(10) of this section.	56628

(H) The director shall adopt rules in accordance with Chapter	56629
119. of the Revised Code prescribing procedures for collecting and	56630
forwarding the fees levied under divisions (B) and (C) of this	56631
section to the boards of county commissioners or directors of	56632
county or joint solid waste management districts and to the	56633
treasurers or other officers of municipal corporations and the	56634
fiscal officers of townships. The rules also shall prescribe the	56635
dates for forwarding the fees to the boards and officials and may	56636
prescribe any other requirements the director considers necessary	56637
or appropriate to implement and administer divisions (A), (B), and	56638
(C) of this section.	56639

Sec. 3734.901. (A)(1) For the purpose of providing revenue	56640
to defray the cost of administering and enforcing the scrap tire	56641
provisions of this chapter, rules adopted under those provisions,	56642
and terms and conditions of orders, variances, and licenses issued	56643
under those provisions; to abate accumulations of scrap tires; to	56644
make grants supporting market development activities for scrap	56645
tires and synthetic rubber from tire manufacturing processes and	56646
tire recycling processes and to support scrap tire amnesty and	56647
cleanup events; to make loans to promote the recycling or recovery	56648
of energy from scrap tires; and to defray the costs of	56649
administering and enforcing sections 3734.90 to 3734.9014 of the	56650
Revised Code, a fee of fifty cents per tire is hereby levied on	56651
the sale of tires. The proceeds of the fee shall be deposited in	56652
the state treasury to the credit of the scrap tire management fund	56653
created in section 3734.82 of the Revised Code. The fee is levied	56654
from the first day of the calendar month that begins next after	56655
thirty days from October 29, 1993, through June 30, ~~2013~~2016.	56656

(2) Beginning on July 1, 2011, and ending on June 30, ~~2013~~	56657
2016, there is hereby levied an additional fee of fifty cents per	56658
tire on the sale of tires the proceeds of which shall be deposited	56659
in the state treasury to the credit of the soil and water	56660
conservation district assistance fund created in section 1515.14	56661
of the Revised Code.	56662

(B) Only one sale of the same article shall be used in	56663
computing the amount of the fee due.	56664

Sec. 3734.907. (A) Any person required to pay the fee	56665
imposed by section 3734.901 of the Revised Code is personally	56666
liable for the fee. The tax commissioner may make an assessment,	56667
based upon any information in the commissioner's possession,	56668
against any person who fails to file a return or pay any fee,	56669
interest, or additional charge as required by sections 3734.90 to	56670
3734.9014 of the Revised Code. The commissioner shall give the	56671
person assessed written notice of the assessment in the manner	56672
provided in section 5703.37 of the Revised Code. With the notice,	56673
the commissioner shall provide instructions on how to petition for	56674
reassessment and request a hearing on the petition.	56675

(B) When the information in the possession of the tax	56676
commissioner indicates that a person liable for the fee imposed by	56677
section 3734.901 of the Revised Code has not paid the full amount	56678
of fee due, the commissioner may audit a representative sample of	56679
the person's business and may issue an assessment based on the	56680
audit.	56681

(C) A penalty of up to fifteen per cent may be added to all	56682
amounts assessed under this section. The commissioner may adopt	56683
rules providing for the imposition and remission of the penalties.	56684

(D) Unless the person assessed files with the tax	56685
commissioner within sixty days after service of the notice of	56686
assessment, either personally or by certified mail, a written	56687
petition for reassessment signed by the person assessed or that	56688
person's authorized agent having knowledge of the facts, the	56689
assessment becomes final and the amount of the assessment is due	56690
and payable from the person assessed to the treasurer of state.	56691
The petition shall indicate the objections of the person assessed,	56692
but additional objections may be raised in writing if received by	56693
the commissioner prior to the date shown on the final	56694
determination. If the petition has been properly filed, the	56695
commissioner shall proceed under section 5703.60 of the Revised	56696
Code.	56697

(E) After an assessment becomes final, if any portion of the	56698
assessment, including accrued interest, remains unpaid, a	56699
certified copy of the tax commissioner's entry making the	56700
assessment final may be filed in the office of the clerk of the	56701
court of common pleas in the county in which the person assessed	56702
resides or in which the person's business is conducted. If the	56703
person assessed maintains no place of business in this state and	56704
is not a resident of this state, the certified copy of the entry	56705
may be filed in the office of the clerk of the court of common	56706
pleas of Franklin county.	56707

Immediately upon the filing of the entry, the clerk shall	56708
enter a judgment for the state against the person assessed in the	56709
amount shown on the entry. The judgment may be filed by the clerk	56710
in a loose-leaf book entitled "special judgments for state tire	56711
fee," and shall have the same effect as other judgments. Execution	56712
shall issue upon the judgment upon the request of the tax	56713
commissioner, and all laws applicable to sales on execution shall	56714
apply to sales made under the judgment.	56715

~~The portion of~~If the assessment is not paid in its entirety	56716
within sixty days after the day the assessment was issued, the	56717
portion of the assessment consisting of tax due shall bear	56718
interest at the rate per annum prescribed by section 5703.47 of	56719
the Revised Code from the day the commissioner issues the	56720
assessment until the day the assessment is paid or until it is	56721
certified to the attorney general for collection under section	56722
131.02 of the Revised Code, whichever comes first. If the unpaid	56723
portion of the assessment is certified to the attorney general for	56724
collection, the entire unpaid portion of the assessment shall bear	56725
interest at the rate per annum prescribed by section 5703.47 of	56726
the Revised Code from the date of certification until the date it	56727
is paid in its entirety. Interest shall be paid in the same manner	56728
as the fee and may be collected by the issuance of an assessment	56729
under this section.	56730

(F) If the tax commissioner believes that collection of the	56731
fee will be jeopardized unless proceedings to collect or secure	56732
collection of the fee are instituted without delay, the	56733
commissioner may issue a jeopardy assessment against the person	56734
liable for the fee. Immediately upon the issuance of the jeopardy	56735
assessment, the commissioner shall file an entry with the clerk of	56736
the court of common pleas in the manner prescribed by division (E)	56737
of this section. Notice of the jeopardy assessment shall be served	56738
on the person assessed or the person's legal representative, as	56739
provided in section 5703.37 of the Revised Code, within five days	56740
of the filing of the entry with the clerk. The total amount	56741
assessed is immediately due and payable, unless the person	56742
assessed files a petition for reassessment in accordance with	56743
division (D) of this section and provides security in a form	56744
satisfactory to the commissioner and in an amount sufficient to	56745
satisfy the unpaid balance of the assessment. Full or partial	56746
payment of the assessment does not prejudice the commissioner's	56747
consideration of the petition for reassessment.	56748

(G) All money collected by the tax commissioner under this	56749
section shall be paid to the treasurer of state as revenue arising	56750
from the fee imposed by section 3734.901 of the Revised Code.	56751

Sec. 3735.58. (A) The director of ~~mental health~~mental	56752
health and addiction services, the director of developmental	56753
disabilities, or the director of rehabilitation and correction may	56754
enter into contracts for the sale of land not needed by their	56755
departments and under their jurisdiction or supervision to	56756
metropolitan housing authorities for use by such an authority for	56757
a housing project or projects. Such contract may contain such	56758
conditions and terms as are, in the discretion of the directors,	56759
in the best interests of the state and the welfare of the	56760
residents of the state.	56761

(B) The director may, upon receipt of a request from a	56762
metropolitan housing authority, request the approval of the	56763
governor to sell and convey land not needed by the director's	56764
department and under the director's jurisdiction or supervision to	56765
an authority, subject to such terms and conditions consistent with	56766
the public interest and welfare of the residents of the state as	56767
the director considers necessary. The governor, with the approval	56768
of the controlling board, may approve the request. Such property	56769
shall be appraised at its fair market value before it is conveyed.	56770
The director of administrative services shall cause it to be	56771
appraised by three disinterested persons and shall determine the	56772
fee which each appraiser shall receive, not to exceed fifty	56773
dollars. All appraisal fees shall be paid by the authority which	56774
shall deposit with the director one hundred fifty dollars before	56775
the appraisal is made. If the deposit exceeds the appraisal fee,	56776
the balance shall be returned to the authority. The appraisal	56777
value, when approved by the director, is the purchase price. If	56778
the purchase price is not paid within ninety days after notice to	56779
the authority of the approved appraisal value, the director shall	56780
withdraw approval of the appraisal value and no deed shall be	56781
delivered to the authority without the written approval of the	56782
director of the purchase price. If the purchase price is paid	56783
within ninety days, a deed shall be prepared and recorded pursuant	56784
to section 5301.13 of the Revised Code.	56785

(C) Moneys received from sales of land to a metropolitan	56786
housing authority shall be placed in the state treasury in special	56787
funds, to be used for such purposes of the department of ~~mental~~	56788
~~health~~mental health and addiction services, the department of	56789
developmental disabilities, or the department of rehabilitation	56790
and correction as is appropriate.	56791

Sec. 3737.02. (A) The fire marshal may collect fees to cover	56792
the costs of performing inspections and other duties that the fire	56793
marshal is authorized or required by law to perform. Except as	56794
provided in division (B) of this section, all fees collected by	56795
the fire marshal shall be deposited to the credit of the fire	56796
marshal's fund.	56797

(B) All of the following shall be credited to the underground	56798
storage tank administration fund, which is hereby created in the	56799
state treasury:	56800

(1) Fees collected under sections 3737.88 and 3737.881 of the	56801
Revised Code for operation of the underground storage tank and	56802
underground storage tank installer certification programs~~, moneys~~;	56803

(2) Moneys recovered under section 3737.89 of the Revised	56804
Code for the state's costs of undertaking corrective or	56805
enforcement actions under that section or section 3737.882 of the	56806
Revised Code~~, and fines~~;	56807

(3) Fines and penalties collected under section 3737.882 of	56808
the Revised Code ~~shall be credited to the underground storage tank~~	56809
~~administration fund, which is hereby created in the state~~	56810
~~treasury. All~~;	56811

(4) Amounts repaid for underground storage tank revolving	56812
loans under section 3737.883 of the Revised Code.	56813

(C) All interest earned on moneys credited to the underground	56814
storage tank administration fund shall be credited to the fund.	56815
Moneys credited to the underground storage tank administration	56816
fund shall be used by the fire marshal for implementation and	56817
enforcement of underground storage tank, corrective action, and	56818
installer certification programs under sections 3737.88 to 3737.89	56819
of the Revised Code. Only moneys described in divisions (B)(3) and	56820
(4) of this section shall be used by the fire marshal to make	56821
underground storage tank revolving loans under section 3737.883 of	56822
the Revised Code, and no other moneys may be used to make those	56823
loans.	56824

~~(C)~~(D) The fire marshal shall take all actions necessary to	56825
obtain any federal funding available to carry out the fire	56826
marshal's responsibilities under sections 3737.88 to 3737.89 of	56827
the Revised Code and federal laws regarding the cleaning up of	56828
releases of petroleum, as "release" is defined in section 3737.87	56829
of the Revised Code, including, without limitation, any federal	56830
funds that are available to reimburse the state for the costs of	56831
undertaking corrective actions for such releases of petroleum. The	56832
state may, when appropriate, return to the United States any	56833
federal funds recovered under sections 3737.882 and 3737.89 of the	56834
Revised Code.	56835

Sec. 3737.83. The fire marshal shall, as part of the state	56836
fire code, adopt rules to:	56837

(A) Establish minimum standards of performance for fire	56838
protection equipment and fire fighting equipment;	56839

(B) Establish minimum standards of training, fix minimum	56840
qualifications, and require certificates for all persons who	56841
engage in the business for profit of installing, testing,	56842
repairing, or maintaining fire protection equipment;	56843

(C) Provide for the issuance of certificates required under	56844
division (B) of this section and establish the fees to be charged	56845
for such certificates. A certificate shall be granted, renewed, or	56846
revoked according to rules the fire marshal shall adopt.	56847

(D) Establish minimum standards of flammability for consumer	56848
goods in any case where the federal government or any department	56849
or agency thereof has established, or may from time to time	56850
establish standards of flammability for consumer goods. The	56851
standards established by the fire marshal shall be identical to	56852
the minimum federal standards.	56853

In any case where the federal government or any department or	56854
agency thereof, establishes standards of flammability for consumer	56855
goods subsequent to the adoption of a flammability standard by the	56856
fire marshal, standards previously adopted by the fire marshal	56857
shall not continue in effect to the extent such standards are not	56858
identical to the minimum federal standards.	56859

With respect to the adoption of minimum standards of	56860
flammability, this division shall supersede any authority granted	56861
a political subdivision by any other section of the Revised Code.	56862

(E) Establish minimum standards pursuant to section 5104.05	56863
of the Revised Code for fire prevention and fire safety in child	56864
day-care centers and in type A family day-care homes, as defined	56865
in section 5104.01 of the Revised Code.	56866

(F) Establish minimum standards for fire prevention and	56867
safety in a residential facility licensed under section ~~5119.22~~	56868
5119.34 of the Revised Code that provides accommodations,	56869
supervision, and personal care services for three to sixteen	56870
unrelated adults. The fire marshal shall adopt the rules under	56871
this division in consultation with the director of ~~mental health~~	56872
mental health and addiction services and interested parties	56873
designated by the director of ~~mental health~~mental health and	56874
addiction services.	56875

Sec. 3737.841. As used in this section and section 3737.842	56876
of the Revised Code:	56877

(A) "Public occupancy" means all of the following:

56878

(1) Any state correctional institution as defined in section	56879
2967.01 of the Revised Code and any county, multicounty,	56880
municipal, or municipal-county jail or workhouse;	56881

(2) Any hospital as defined in section 3727.01 of the Revised	56882
Code, any hospital licensed by the department of ~~mental health~~	56883
mental health and addiction services under section ~~5119.20~~5119.33	56884
of the Revised Code, and any institution, hospital, or other place	56885
established, controlled, or supervised by the department of ~~mental~~	56886
~~health~~mental health and addiction services under Chapter 5119. of	56887
the Revised Code;	56888

(3) Any nursing home, residential care facility, or home for	56889
the aging as defined in section 3721.01 of the Revised Code and	56890
any residential facility licensed under section ~~5119.22~~5119.34 of	56891
the Revised Code that provides accommodations, supervision, and	56892
personal care services for three to sixteen unrelated adults;	56893

(4) Any child day-care center and any type A family day-care	56894
home as defined in section 5104.01 of the Revised Code;	56895

(5) Any public auditorium or stadium;

56896

(6) Public assembly areas of hotels and motels containing	56897
more than ten articles of seating furniture.	56898

(B) "Sell" includes sell, offer or expose for sale, barter,	56899
trade, deliver, give away, rent, consign, lease, possess for sale,	56900
or dispose of in any other commercial manner.	56901

(C) Except as provided in division (D) of this section,	56902
"seating furniture" means any article of furniture, including	56903
children's furniture, that can be used as a support for an	56904
individual, or an individual's limbs or feet, when sitting or	56905
resting in an upright or reclining position and that either:	56906

(1) Is made with loose or attached cushions or pillows;

56907

(2) Is stuffed or filled in whole or in part with any filling	56908
material;	56909

(3) Is or can be stuffed or filled in whole or in part with	56910
any substance or material, concealed by fabric or any other	56911
covering.	56912

"Seating furniture" includes the cushions or pillows	56913
belonging to or forming a part of the furniture, the structural	56914
unit, and the filling material and its container or covering.	56915

(D) "Seating furniture" does not include, except if intended	56916
for use by children or in facilities designed for the care or	56917
treatment of humans, any of the following:	56918

(1) Cushions or pads intended solely for outdoor use;

56919

(2) Any article with a smooth surface that contains no more	56920
than one-half inch of filling material, if that article does not	56921
have an upholstered horizontal surface meeting an upholstered	56922
vertical surface;	56923

(3) Any article manufactured solely for recreational use or	56924
physical fitness purposes, including weight-lifting benches,	56925
gymnasium mats or pads, and sidehorses.	56926

(E) "Filling material" means cotton, wool, kapok, feathers,	56927
down, hair, liquid, or any other natural or artificial material or	56928
substance that is used or can be used as stuffing in seating	56929
furniture.	56930

Sec. 3737.88. (A)(1) The fire marshal shall have	56931
responsibility for implementation of the underground storage tank	56932
program and corrective action program for releases of petroleum	56933
from underground storage tanks established by the "Resource	56934
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A.	56935
6901, as amended. To implement the programs, the fire marshal may	56936
adopt, amend, and rescind such rules, conduct such inspections,	56937
require annual registration of underground storage tanks, issue	56938
such citations and orders to enforce those rules, enter into	56939
environmental covenants in accordance with sections 5301.80 to	56940
5301.92 of the Revised Code, and perform such other duties, as are	56941
consistent with those programs. The fire marshal, by rule, may	56942
delegate the authority to conduct inspections of underground	56943
storage tanks to certified fire safety inspectors.	56944

(2) In the place of any rules regarding release containment	56945
and release detection for underground storage tanks adopted under	56946
division (A)(1) of this section, the fire marshal, by rule, shall	56947
designate areas as being sensitive for the protection of human	56948
health and the environment and adopt alternative rules regarding	56949
release containment and release detection methods for new and	56950
upgraded underground storage tank systems located in those areas.	56951
In designating such areas, the fire marshal shall take into	56952
consideration such factors as soil conditions, hydrogeology, water	56953
use, and the location of public and private water supplies. Not	56954
later than July 11, 1990, the fire marshal shall file the rules	56955
required under this division with the secretary of state, director	56956
of the legislative service commission, and joint committee on	56957
agency rule review in accordance with divisions (B) and (H) of	56958
section 119.03 of the Revised Code.	56959

(3) Notwithstanding sections 3737.87 to 3737.89 of the	56960
Revised Code, a person who is not a responsible person, as	56961
determined by the fire marshal pursuant to this chapter, may	56962
conduct a voluntary action in accordance with Chapter 3746. of the	56963
Revised Code and rules adopted under it for either of the	56964
following:	56965

(a) A class C release;

56966

(b) A release, other than a class C release, that is subject	56967
to the rules adopted by the fire marshal under division (B) of	56968
section 3737.882 of the Revised Code pertaining to a corrective	56969
action, provided that both of the following apply:	56970

(i) The voluntary action also addresses hazardous substances	56971
or petroleum that is not subject to the rules adopted under	56972
division (B) of section 3737.882 of the Revised Code pertaining to	56973
a corrective action.	56974

(ii) The fire marshal has not issued an administrative order	56975
concerning the release or referred the release to the attorney	56976
general for enforcement.	56977

The director of environmental protection, pursuant to section	56978
3746.12 of the Revised Code, may issue a covenant not to sue to	56979
any person who properly completes a voluntary action with respect	56980
to any such release in accordance with Chapter 3746. of the	56981
Revised Code and rules adopted under it.	56982

(B) Before adopting any rule under this section or section	56983
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	56984
file written notice of the proposed rule with the chairperson of	56985
the state fire council, and, within sixty days after notice is	56986
filed, the council may file responses to or comments on and may	56987
recommend alternative or supplementary rules to the fire marshal.	56988
At the end of the sixty-day period or upon the filing of	56989
responses, comments, or recommendations by the council, the fire	56990
marshal may adopt the rule filed with the council or any	56991
alternative or supplementary rule recommended by the council.	56992

(C) The state fire council may recommend courses of action to	56993
be taken by the fire marshal in carrying out the fire marshal's	56994
duties under this section. The council shall file its	56995
recommendations in the office of the fire marshal, and, within	56996
sixty days after the recommendations are filed, the fire marshal	56997
shall file with the chairperson of the council comments on, and	56998
proposed action in response to, the recommendations.	56999

(D) For the purpose of sections 3737.87 to 3737.89 of the	57000
Revised Code, the fire marshal shall adopt, and may amend and	57001
rescind, rules identifying or listing hazardous substances. The	57002
rules shall be consistent with and equivalent in scope, coverage,	57003
and content to regulations identifying or listing hazardous	57004
substances adopted under the "Comprehensive Environmental	57005
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	57006
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	57007
not identify or list as a hazardous substance any hazardous waste	57008
identified or listed in rules adopted under division (A) of	57009
section 3734.12 of the Revised Code.	57010

(E) Except as provided in division (A)(3) of this section,	57011
the fire marshal shall have exclusive jurisdiction to regulate the	57012
storage, treatment, and disposal of petroleum contaminated soil	57013
generated from corrective actions undertaken in response to	57014
releases of petroleum from underground storage tank systems. The	57015
fire marshal may adopt, amend, or rescind such rules as the fire	57016
marshal considers to be necessary or appropriate to regulate the	57017
storage, treatment, or disposal of petroleum contaminated soil so	57018
generated.	57019

(F) The fire marshal shall adopt, amend, and rescind rules	57020
under sections 3737.88 to ~~3737.882~~3737.883 of the Revised Code in	57021
accordance with Chapter 119. of the Revised Code.	57022

Sec. 3737.883. (A) As used in this section, "political	57023
subdivision" has the same meaning as in section 2744.01 of the	57024
Revised Code, but includes a community improvement corporation as	57025
that term is defined in section 1724.01 of the Revised Code.	57026

(B) A political subdivision may do any of the following for	57027
an underground storage tank located within its territorial	57028
boundaries if the responsible person is not identifiable or if the	57029
state fire marshal determines that an identified responsible	57030
person is unable to pay the costs of the action to be taken by the	57031
political subdivision:	57032

(1) Initiate, continue, or properly complete the removal of	57033
an underground storage tank system;	57034

(2) Initiate, continue, or properly complete an assessment of	57035
the site of an underground storage tank or the site of an	57036
underground storage tank system;	57037

(3) Initiate, continue, or properly complete a corrective	57038
action.	57039

(C) The state fire marshal or the state fire marshal's	57040
designee shall administer an underground storage tank revolving	57041
loan program under which the state fire marshal issues loans to	57042
assist with the costs of actions described in divisions (B)(1) to	57043
(3) of this section. The state fire marshal shall issue a loan	57044
under the program to a political subdivision that meets the	57045
application requirements of division (D) of this section and	57046
agrees to written terms and conditions of the loan with the state	57047
fire marshal.	57048

(D) A political subdivision shall apply to the state fire	57049
marshal for a loan under this section on a form prescribed by the	57050
state fire marshal. In the application, the political subdivision	57051
shall do all of the following:	57052

(1) Describe the action for which it is requesting a loan;

57053

(2) State the requested loan amount;

57054

(3) Explain how the political subdivision plans to spend, of	57055
its own funds, in undertaking the action for which the loan is	57056
requested, an amount equal to at least five per cent of the	57057
requested loan amount;	57058

(4) Provide any other information requested by the state fire	57059
marshal.	57060

(E) The state fire marshal shall consult with the director of	57061
development services before issuing any loan under this section.	57062

(F) A loan issued under this section shall not carry	57063
interest. No loan issued under this section shall have a term of	57064
more than ten years. The political subdivision shall repay a loan	57065
issued under this section to the state fire marshal.	57066

(G) If, at any time after the expenditure of loan funds by a	57067
political subdivision under this section, the state fire marshal	57068
or any law enforcement agency identifies the responsible person or	57069
determines, for any reason, that the previously identified	57070
responsible person was or is able to pay the costs of the action	57071
for which the loan was issued, the political subdivision may bring	57072
any appropriate proceedings against the responsible person to	57073
recover the costs incurred by the political subdivision. The	57074
proceedings may be brought in either the court of common pleas	57075
having jurisdiction where the underground storage tank is located	57076
or the court of common pleas of Franklin county.	57077

(H)(1) The state fire marshal shall adopt and may amend and	57078
rescind rules as necessary for the administration and operation of	57079
the underground storage tank revolving loan program. The rules may	57080
do any of the following:	57081

(a) Further define the entities considered "political	57082
subdivisions" eligible to receive loans;	57083

(b) Establish qualifying criteria for loan recipients;

57084

(c) Establish criteria for awarding loans, loan amounts, loan	57085
payment terms, and permissible expenditures of loan funds,	57086
including methods that the state fire marshal may use to verify	57087
the proper use of loan funds or to obtain reimbursement for or the	57088
return of improperly used loan funds.	57089

(2) The state fire marshal may adopt and may amend and	57090
rescind rules for the issuance of emergency underground storage	57091
tank revolving loans to qualifying entities during a natural	57092
disaster or another similar event as defined in the rules.	57093

~~Sec. 3737.883.~~ Sec. 3737.884. On receipt of a notice pursuant to	57094
section 3123.43 of the Revised Code, the state fire marshal shall	57095
comply with sections 3123.41 to 3123.50 of the Revised Code and	57096
any applicable rules adopted under section 3123.63 of the Revised	57097
Code with respect to a certificate issued pursuant to section	57098
3737.34, 3737.65, 3737.83, or 3737.881 of the Revised Code.	57099

Sec. 3742.31. (A) The director of health shall establish,	57100
promote, and maintain a child lead poisoning prevention program.	57101
The program shall provide statewide coordination of screening,	57102
diagnosis, and treatment services for children under age six,	57103
including both of the following:	57104

(1) Collecting the social security numbers of all children	57105
screened, diagnosed, or treated as part of the program's case	57106
management system;	57107

(2) Disclosing to the ~~office of medical assistance in the~~	57108
department of ~~job and family services~~medicaid on at least an	57109
annual basis the identity and lead screening test results of each	57110
child screened pursuant to section 3742.30 of the Revised Code.	57111
The director shall collect and disseminate information relating to	57112
child lead poisoning and controlling lead hazards.	57113

(B) The director of health shall operate the child lead	57114
poisoning prevention program in accordance with rules adopted	57115
under section 3742.50 of the Revised Code. The director may enter	57116
into an interagency agreement with one or more other state	57117
agencies to perform one or more of the program's duties. The	57118
director shall supervise and direct an agency's performance of	57119
such a duty.	57120

Sec. 3742.32. (A) The director of health shall appoint an	57121
advisory council to assist in the ongoing development and	57122
implementation of the child lead poisoning prevention program	57123
created under section 3742.31 of the Revised Code. The advisory	57124
council shall consist of the following members:	57125

(1) A representative of the ~~office of medical assistance in~~	57126
~~the~~ department of ~~job and family services~~medicaid;	57127

(2) A representative of the bureau of child care in the	57128
department of job and family services;	57129

(3) A representative of the department of environmental	57130
protection;	57131

(4) A representative of the department of education;

57132

(5) A representative of the ~~department of~~ development	57133
services agency;	57134

(6) A representative of the Ohio apartment owner's	57135
association;	57136

(7) A representative of the Ohio help end lead poisoning	57137
coalition;	57138

(8) A representative of the Ohio environmental health	57139
association;	57140

(9) An Ohio representative of the national paint and coatings	57141
association.	57142

(B) The advisory council shall do both of the following:

57143

(1) Provide the director with advice regarding the policies	57144
the child lead poisoning prevention program should emphasize,	57145
preferred methods of financing the program, and any other matter	57146
relevant to the program's operation;	57147

(2) Submit a report of the state's activities to the	57148
governor, president of the senate, and speaker of the house of	57149
representatives on or before the first day of March each year.	57150

(C) The advisory council is not subject to sections 101.82 to	57151
101.87 of the Revised Code.	57152

Sec. 3745.11. (A) Applicants for and holders of permits,	57153
licenses, variances, plan approvals, and certifications issued by	57154
the director of environmental protection pursuant to Chapters	57155
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	57156
to the environmental protection agency for each such issuance and	57157
each application for an issuance as provided by this section. No	57158
fee shall be charged for any issuance for which no application has	57159
been submitted to the director.	57160

(B) Except as otherwise provided in division (C)(2) of this	57161
section, beginning July 1, 1994, each person who owns or operates	57162
an air contaminant source and who is required to apply for and	57163
obtain a Title V permit under section 3704.036 of the Revised Code	57164
shall pay the fees set forth in this division. For the purposes of	57165
this division, total emissions of air contaminants may be	57166
calculated using engineering calculations, emissions factors,	57167
material balance calculations, or performance testing procedures,	57168
as authorized by the director.	57169

The following fees shall be assessed on the total actual	57170
emissions from a source in tons per year of the regulated	57171
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	57172
organic compounds, and lead:	57173

(1) Fifteen dollars per ton on the total actual emissions of	57174
each such regulated pollutant during the period July through	57175
December 1993, to be collected no sooner than July 1, 1994;	57176

(2) Twenty dollars per ton on the total actual emissions of	57177
each such regulated pollutant during calendar year 1994, to be	57178
collected no sooner than April 15, 1995;	57179

(3) Twenty-five dollars per ton on the total actual emissions	57180
of each such regulated pollutant in calendar year 1995, and each	57181
subsequent calendar year, to be collected no sooner than the	57182
fifteenth day of April of the year next succeeding the calendar	57183
year in which the emissions occurred.	57184

The fees levied under this division do not apply to that	57185
portion of the emissions of a regulated pollutant at a facility	57186
that exceed four thousand tons during a calendar year.	57187

(C)(1) The fees assessed under division (B) of this section	57188
are for the purpose of providing funding for the Title V permit	57189
program.	57190

(2) The fees assessed under division (B) of this section do	57191
not apply to emissions from any electric generating unit	57192
designated as a Phase I unit under Title IV of the federal Clean	57193
Air Act prior to calendar year 2000. Those fees shall be assessed	57194
on the emissions from such a generating unit commencing in	57195
calendar year 2001 based upon the total actual emissions from the	57196
generating unit during calendar year 2000 and shall continue to be	57197
assessed each subsequent calendar year based on the total actual	57198
emissions from the generating unit during the preceding calendar	57199
year.	57200

(3) The director shall issue invoices to owners or operators	57201
of air contaminant sources who are required to pay a fee assessed	57202
under division (B) or (D) of this section. Any such invoice shall	57203
be issued no sooner than the applicable date when the fee first	57204
may be collected in a year under the applicable division, shall	57205
identify the nature and amount of the fee assessed, and shall	57206
indicate that the fee is required to be paid within thirty days	57207
after the issuance of the invoice.	57208

(D)(1) Except as provided in division (D)(3) of this section,	57209
from January 1, 1994, through December 31, 2003, each person who	57210
owns or operates an air contaminant source; who is required to	57211
apply for a permit to operate pursuant to rules adopted under	57212
division (G), or a variance pursuant to division (H), of section	57213
3704.03 of the Revised Code; and who is not required to apply for	57214
and obtain a Title V permit under section 3704.036 of the Revised	57215
Code shall pay a single fee based upon the sum of the actual	57216
annual emissions from the facility of the regulated pollutants	57217
particulate matter, sulfur dioxide, nitrogen oxides, organic	57218
compounds, and lead in accordance with the following schedule:	57219

Total tons per year		57220
of regulated pollutants	Annual fee	57221
emitted	per facility	57222
More than 0, but less than 50	$ 75	57223
50 or more, but less than 100	300	57224
100 or more	700	57225

(2) Except as provided in division (D)(3) of this section,	57226
beginning January 1, 2004, each person who owns or operates an air	57227
contaminant source; who is required to apply for a permit to	57228
operate pursuant to rules adopted under division (G), or a	57229
variance pursuant to division (H), of section 3704.03 of the	57230
Revised Code; and who is not required to apply for and obtain a	57231
Title V permit under section 3704.03 of the Revised Code shall pay	57232
a single fee based upon the sum of the actual annual emissions	57233
from the facility of the regulated pollutants particulate matter,	57234
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	57235
accordance with the following schedule:	57236

Total tons per year		57237
of regulated pollutants	Annual fee	57238
emitted	per facility	57239
More than 0, but less than 10	$ 100	57240
10 or more, but less than 50	200	57241
50 or more, but less than 100	300	57242
100 or more	700	57243

(3)(a) As used in division (D) of this section, "synthetic	57244
minor facility" means a facility for which one or more permits to	57245
install or permits to operate have been issued for the air	57246
contaminant sources at the facility that include terms and	57247
conditions that lower the facility's potential to emit air	57248
contaminants below the major source thresholds established in	57249
rules adopted under section 3704.036 of the Revised Code.	57250

(b) Beginning January 1, 2000, through June 30, ~~2014~~2016,	57251
each person who owns or operates a synthetic minor facility shall	57252
pay an annual fee based on the sum of the actual annual emissions	57253
from the facility of particulate matter, sulfur dioxide, nitrogen	57254
dioxide, organic compounds, and lead in accordance with the	57255
following schedule:	57256

Combined total tons		57257
per year of all regulated	Annual fee	57258
pollutants emitted	per facility	57259

Less than 10	$ 170	57260
10 or more, but less than 20	340	57261
20 or more, but less than 30	670	57262
30 or more, but less than 40	1,010	57263
40 or more, but less than 50	1,340	57264
50 or more, but less than 60	1,680	57265
60 or more, but less than 70	2,010	57266
70 or more, but less than 80	2,350	57267
80 or more, but less than 90	2,680	57268
90 or more, but less than 100	3,020	57269
100 or more	3,350	57270

(4) The fees assessed under division (D)(1) of this section	57271
shall be collected annually no sooner than the fifteenth day of	57272
April, commencing in 1995. The fees assessed under division (D)(2)	57273
of this section shall be collected annually no sooner than the	57274
fifteenth day of April, commencing in 2005. The fees assessed	57275
under division (D)(3) of this section shall be collected no sooner	57276
than the fifteenth day of April, commencing in 2000. The fees	57277
assessed under division (D) of this section in a calendar year	57278
shall be based upon the sum of the actual emissions of those	57279
regulated pollutants during the preceding calendar year. For the	57280
purpose of division (D) of this section, emissions of air	57281
contaminants may be calculated using engineering calculations,	57282
emission factors, material balance calculations, or performance	57283
testing procedures, as authorized by the director. The director,	57284
by rule, may require persons who are required to pay the fees	57285
assessed under division (D) of this section to pay those fees	57286
biennially rather than annually.	57287

(E)(1) Consistent with the need to cover the reasonable costs	57288
of the Title V permit program, the director annually shall	57289
increase the fees prescribed in division (B) of this section by	57290
the percentage, if any, by which the consumer price index for the	57291
most recent calendar year ending before the beginning of a year	57292
exceeds the consumer price index for calendar year 1989. Upon	57293
calculating an increase in fees authorized by division (E)(1) of	57294
this section, the director shall compile revised fee schedules for	57295
the purposes of division (B) of this section and shall make the	57296
revised schedules available to persons required to pay the fees	57297
assessed under that division and to the public.	57298

(2) For the purposes of division (E)(1) of this section:

57299

(a) The consumer price index for any year is the average of	57300
the consumer price index for all urban consumers published by the	57301
United States department of labor as of the close of the	57302
twelve-month period ending on the thirty-first day of August of	57303
that year.	57304

(b) If the 1989 consumer price index is revised, the director	57305
shall use the revision of the consumer price index that is most	57306
consistent with that for calendar year 1989.	57307

(F) Each person who is issued a permit to install pursuant to	57308
rules adopted under division (F) of section 3704.03 of the Revised	57309
Code on or after July 1, 2003, shall pay the fees specified in the	57310
following schedules:	57311

(1) Fuel-burning equipment (boilers, furnaces, or process	57312
heaters used in the process of burning fuel for the primary	57313
purpose of producing heat or power by indirect heat transfer)	57314

Input capacity (maximum)		57315
(million British thermal units per hour)	Permit to install	57316
Greater than 0, but less than 10	$ 200	57317
10 or more, but less than 100	400	57318
100 or more, but less than 300	1000	57319
300 or more, but less than 500	2250	57320
500 or more, but less than 1000	3750	57321
1000 or more, but less than 5000	6000	57322
5000 or more	9000	57323

Units burning exclusively natural gas, number two fuel oil,	57324
or both shall be assessed a fee that is one-half the applicable	57325
amount shown in division (F)(1) of this section.	57326

(2) Combustion turbines and stationary internal combustion	57327
engines designed to generate electricity	57328

Generating capacity (mega watts)	Permit to install	57329
0 or more, but less than 10	$ 25	57330
10 or more, but less than 25	150	57331
25 or more, but less than 50	300	57332
50 or more, but less than 100	500	57333
100 or more, but less than 250	1000	57334
250 or more	2000	57335

(3) Incinerators

57336

Input capacity (pounds per hour)	Permit to install	57337
0 to 100	$ 100	57338
101 to 500	500	57339
501 to 2000	1000	57340
2001 to 20,000	1500	57341
more than 20,000	3750	57342

(4)(a) Process

57343

Process weight rate (pounds per hour)	Permit to install	57344
0 to 1000	$ 200	57345
1001 to 5000	500	57346
5001 to 10,000	750	57347
10,001 to 50,000	1000	57348
more than 50,000	1250	57349

In any process where process weight rate cannot be	57350
ascertained, the minimum fee shall be assessed. A boiler, furnace,	57351
combustion turbine, stationary internal combustion engine, or	57352
process heater designed to provide direct heat or power to a	57353
process not designed to generate electricity shall be assessed a	57354
fee established in division (F)(4)(a) of this section. A	57355
combustion turbine or stationary internal combustion engine	57356
designed to generate electricity shall be assessed a fee	57357
established in division (F)(2) of this section.	57358

(b) Notwithstanding division (F)(4)(a) of this section, any	57359
person issued a permit to install pursuant to rules adopted under	57360
division (F) of section 3704.03 of the Revised Code shall pay the	57361
fees set forth in division (F)(4)(c) of this section for a process	57362
used in any of the following industries, as identified by the	57363
applicable two-digit, three-digit, or four-digit standard	57364
industrial classification code according to the Standard	57365
Industrial Classification Manual published by the United States	57366
office of management and budget in the executive office of the	57367
president, 1987, as revised:	57368

Major group 10, metal mining;

57369

Major group 12, coal mining;

57370

Major group 14, mining and quarrying of nonmetallic minerals;

57371

Industry group 204, grain mill products;

57372

2873 Nitrogen fertilizers;

57373

2874 Phosphatic fertilizers;

57374

3281 Cut stone and stone products;

57375

3295 Minerals and earth, ground or otherwise treated;

57376

4221 Grain elevators (storage only);

57377

5159 Farm related raw materials;

57378

5261 Retail nurseries and lawn and garden supply stores.

57379

(c) The fees set forth in the following schedule apply to the	57380
issuance of a permit to install pursuant to rules adopted under	57381
division (F) of section 3704.03 of the Revised Code for a process	57382
identified in division (F)(4)(b) of this section:	57383

Process weight rate (pounds per hour)	Permit to install	57384
0 to 10,000	$ 200	57385
10,001 to 50,000	400	57386
50,001 to 100,000	500	57387
100,001 to 200,000	600	57388
200,001 to 400,000	750	57389
400,001 or more	900	57390

(5) Storage tanks

57391

Gallons (maximum useful capacity)	Permit to install	57392
0 to 20,000	$ 100	57393
20,001 to 40,000	150	57394
40,001 to 100,000	250	57395
100,001 to 500,000	400	57396
500,001 or greater	750	57397

(6) Gasoline/fuel dispensing facilities

57398

For each gasoline/fuel		57399
dispensing facility (includes all	Permit to install	57400
units at the facility)	$ 100	57401

(7) Dry cleaning facilities

57402

For each dry cleaning		57403
facility (includes all units	Permit to install	57404
at the facility)	$ 100	57405

(8) Registration status

57406

For each source covered			Permit to install			57407
by registration status			$ 75			57408

(G) An owner or operator who is responsible for an asbestos	57409
demolition or renovation project pursuant to rules adopted under	57410
section 3704.03 of the Revised Code shall pay the fees set forth	57411
in the following schedule:	57412

Action	Fee	57413
Each notification	$75	57414
Asbestos removal	$3/unit	57415
Asbestos cleanup	$4/cubic yard	57416

For purposes of this division, "unit" means any combination of	57417
linear feet or square feet equal to fifty.	57418

(H) A person who is issued an extension of time for a permit	57419
to install an air contaminant source pursuant to rules adopted	57420
under division (F) of section 3704.03 of the Revised Code shall	57421
pay a fee equal to one-half the fee originally assessed for the	57422
permit to install under this section, except that the fee for such	57423
an extension shall not exceed two hundred dollars.	57424

(I) A person who is issued a modification to a permit to	57425
install an air contaminant source pursuant to rules adopted under	57426
section 3704.03 of the Revised Code shall pay a fee equal to	57427
one-half of the fee that would be assessed under this section to	57428
obtain a permit to install the source. The fee assessed by this	57429
division only applies to modifications that are initiated by the	57430
owner or operator of the source and shall not exceed two thousand	57431
dollars.	57432

(J) Notwithstanding division (F) of this section, a person	57433
who applies for or obtains a permit to install pursuant to rules	57434
adopted under division (F) of section 3704.03 of the Revised Code	57435
after the date actual construction of the source began shall pay a	57436
fee for the permit to install that is equal to twice the fee that	57437
otherwise would be assessed under the applicable division unless	57438
the applicant received authorization to begin construction under	57439
division (W) of section 3704.03 of the Revised Code. This division	57440
only applies to sources for which actual construction of the	57441
source begins on or after July 1, 1993. The imposition or payment	57442
of the fee established in this division does not preclude the	57443
director from taking any administrative or judicial enforcement	57444
action under this chapter, Chapter 3704., 3714., 3734., or 6111.	57445
of the Revised Code, or a rule adopted under any of them, in	57446
connection with a violation of rules adopted under division (F) of	57447
section 3704.03 of the Revised Code.	57448

As used in this division, "actual construction of the source"	57449
means the initiation of physical on-site construction activities	57450
in connection with improvements to the source that are permanent	57451
in nature, including, without limitation, the installation of	57452
building supports and foundations and the laying of underground	57453
pipework.	57454

(K)(1) Money received under division (B) of this section	57455
shall be deposited in the state treasury to the credit of the	57456
Title V clean air fund created in section 3704.035 of the Revised	57457
Code. Annually, fifty cents per ton of each fee assessed under	57458
division (B) of this section on actual emissions from a source and	57459
received by the environmental protection agency pursuant to that	57460
division shall be transferred using an interstate transfer voucher	57461
to the state treasury to the credit of the small business	57462
assistance fund created in section 3706.19 of the Revised Code. In	57463
addition, annually, the amount of money necessary for the	57464
operation of the office of ombudsperson as determined under	57465
division (B) of that section shall be transferred to the state	57466
treasury to the credit of the small business ombudsperson fund	57467
created by that section.	57468

(2) Money received by the agency pursuant to divisions (D),	57469
(F), (G), (H), (I), and (J) of this section shall be deposited in	57470
the state treasury to the credit of the non-Title V clean air fund	57471
created in section 3704.035 of the Revised Code.	57472

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	57473
or (c) of this section, a person issued a water discharge permit	57474
or renewal of a water discharge permit pursuant to Chapter 6111.	57475
of the Revised Code shall pay a fee based on each point source to	57476
which the issuance is applicable in accordance with the following	57477
schedule:	57478

Design flow discharge (gallons per day)	Fee	57479
0 to 1000	$ 0	57480
1,001 to 5000	100	57481
5,001 to 50,000	200	57482
50,001 to 100,000	300	57483
100,001 to 300,000	525	57484
over 300,000	750	57485

(b) Notwithstanding the fee schedule specified in division	57486
(L)(1)(a) of this section, the fee for a water discharge permit	57487
that is applicable to coal mining operations regulated under	57488
Chapter 1513. of the Revised Code shall be two hundred fifty	57489
dollars per mine.	57490

(c) Notwithstanding the fee schedule specified in division	57491
(L)(1)(a) of this section, the fee for a water discharge permit	57492
for a public discharger identified by I in the third character of	57493
the permittee's NPDES permit number shall not exceed seven hundred	57494
fifty dollars.	57495

(2) A person applying for a plan approval for a wastewater	57496
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	57497
of the Revised Code shall pay a fee of one hundred dollars plus	57498
sixty-five one-hundredths of one per cent of the estimated project	57499
cost through June 30, ~~2014~~2016, and one hundred dollars plus	57500
two-tenths of one per cent of the estimated project cost on and	57501
after July 1, ~~2014~~2016, except that the total fee shall not	57502
exceed fifteen thousand dollars through June 30, ~~2014~~2016, and	57503
five thousand dollars on and after July 1, ~~2014~~2016. The fee	57504
shall be paid at the time the application is submitted.	57505

(3) A person issued a modification of a water discharge	57506
permit shall pay a fee equal to one-half the fee that otherwise	57507
would be charged for a water discharge permit, except that the fee	57508
for the modification shall not exceed four hundred dollars.	57509

(4) A person who has entered into an agreement with the	57510
director under section 6111.14 of the Revised Code shall pay an	57511
administrative service fee for each plan submitted under that	57512
section for approval that shall not exceed the minimum amount	57513
necessary to pay administrative costs directly attributable to	57514
processing plan approvals. The director annually shall calculate	57515
the fee and shall notify all persons who have entered into	57516
agreements under that section, or who have applied for agreements,	57517
of the amount of the fee.	57518

(5)(a)(i) Not later than January 30, ~~2012~~2014, and January	57519
30, ~~2013~~2015, a person holding an NPDES discharge permit issued	57520
pursuant to Chapter 6111. of the Revised Code with an average	57521
daily discharge flow of five thousand gallons or more shall pay a	57522
nonrefundable annual discharge fee. Any person who fails to pay	57523
the fee at that time shall pay an additional amount that equals	57524
ten per cent of the required annual discharge fee.	57525

(ii) The billing year for the annual discharge fee	57526
established in division (L)(5)(a)(i) of this section shall consist	57527
of a twelve-month period beginning on the first day of January of	57528
the year preceding the date when the annual discharge fee is due.	57529
In the case of an existing source that permanently ceases to	57530
discharge during a billing year, the director shall reduce the	57531
annual discharge fee, including the surcharge applicable to	57532
certain industrial facilities pursuant to division (L)(5)(c) of	57533
this section, by one-twelfth for each full month during the	57534
billing year that the source was not discharging, but only if the	57535
person holding the NPDES discharge permit for the source notifies	57536
the director in writing, not later than the first day of October	57537
of the billing year, of the circumstances causing the cessation of	57538
discharge.	57539

(iii) The annual discharge fee established in division	57540
(L)(5)(a)(i) of this section, except for the surcharge applicable	57541
to certain industrial facilities pursuant to division (L)(5)(c) of	57542
this section, shall be based upon the average daily discharge flow	57543
in gallons per day calculated using first day of May through	57544
thirty-first day of October flow data for the period two years	57545
prior to the date on which the fee is due. In the case of NPDES	57546
discharge permits for new sources, the fee shall be calculated	57547
using the average daily design flow of the facility until actual	57548
average daily discharge flow values are available for the time	57549
period specified in division (L)(5)(a)(iii) of this section. The	57550
annual discharge fee may be prorated for a new source as described	57551
in division (L)(5)(a)(ii) of this section.	57552

(b) An NPDES permit holder that is a public discharger shall	57553
pay the fee specified in the following schedule:	57554

Average daily	Fee due by	57555
discharge flow	January 30,	57556
	~~2012~~ 2014, and	57557
	January 30, ~~2013~~ 2015	57558

5,000 to 49,999	$ 200	57559
50,000 to 100,000	500	57560
100,001 to 250,000	1,050	57561
250,001 to 1,000,000	2,600	57562
1,000,001 to 5,000,000	5,200	57563
5,000,001 to 10,000,000	10,350	57564
10,000,001 to 20,000,000	15,550	57565
20,000,001 to 50,000,000	25,900	57566
50,000,001 to 100,000,000	41,400	57567
100,000,001 or more	62,100	57568

Public dischargers owning or operating two or more publicly	57569
owned treatment works serving the same political subdivision, as	57570
"treatment works" is defined in section 6111.01 of the Revised	57571
Code, and that serve exclusively political subdivisions having a	57572
population of fewer than one hundred thousand shall pay an annual	57573
discharge fee under division (L)(5)(b) of this section that is	57574
based on the combined average daily discharge flow of the	57575
treatment works.	57576

(c) An NPDES permit holder that is an industrial discharger,	57577
other than a coal mining operator identified by P in the third	57578
character of the permittee's NPDES permit number, shall pay the	57579
fee specified in the following schedule:	57580

Average daily	Fee due by	57581
discharge flow	January 30,	57582
	~~2012~~ 2014, and	57583
	January 30, ~~2013~~ 2015	57584

5,000 to 49,999	$ 250	57585
50,000 to 250,000	1,200	57586
250,001 to 1,000,000	2,950	57587
1,000,001 to 5,000,000	5,850	57588
5,000,001 to 10,000,000	8,800	57589
10,000,001 to 20,000,000	11,700	57590
20,000,001 to 100,000,000	14,050	57591
100,000,001 to 250,000,000	16,400	57592
250,000,001 or more	18,700	57593

In addition to the fee specified in the above schedule, an	57594
NPDES permit holder that is an industrial discharger classified as	57595
a major discharger during all or part of the annual discharge fee	57596
billing year specified in division (L)(5)(a)(ii) of this section	57597
shall pay a nonrefundable annual surcharge of seven thousand five	57598
hundred dollars not later than January 30, ~~2012~~2014, and not	57599
later than January 30, ~~2013~~2015. Any person who fails to pay the	57600
surcharge at that time shall pay an additional amount that equals	57601
ten per cent of the amount of the surcharge.	57602

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	57603
section, a public discharger identified by I in the third	57604
character of the permittee's NPDES permit number and an industrial	57605
discharger identified by I, J, L, V, W, X, Y, or Z in the third	57606
character of the permittee's NPDES permit number shall pay a	57607
nonrefundable annual discharge fee of one hundred eighty dollars	57608
not later than January 30, ~~2012~~2014, and not later than January	57609
30, ~~2013~~2015. Any person who fails to pay the fee at that time	57610
shall pay an additional amount that equals ten per cent of the	57611
required fee.	57612

(6) Each person obtaining a national pollutant discharge	57613
elimination system general or individual permit for municipal	57614
storm water discharge shall pay a nonrefundable storm water	57615
discharge fee of one hundred dollars per square mile of area	57616
permitted. The fee shall not exceed ten thousand dollars and shall	57617
be payable on or before January 30, 2004, and the thirtieth day of	57618
January of each year thereafter. Any person who fails to pay the	57619
fee on the date specified in division (L)(6) of this section shall	57620
pay an additional amount per year equal to ten per cent of the	57621
annual fee that is unpaid.	57622

(7) The director shall transmit all moneys collected under	57623
division (L) of this section to the treasurer of state for deposit	57624
into the state treasury to the credit of the surface water	57625
protection fund created in section 6111.038 of the Revised Code.	57626

(8) As used in division (L) of this section:

57627

(a) "NPDES" means the federally approved national pollutant	57628
discharge elimination system program for issuing, modifying,	57629
revoking, reissuing, terminating, monitoring, and enforcing	57630
permits and imposing and enforcing pretreatment requirements under	57631
Chapter 6111. of the Revised Code and rules adopted under it.	57632

(b) "Public discharger" means any holder of an NPDES permit	57633
identified by P in the second character of the NPDES permit number	57634
assigned by the director.	57635

(c) "Industrial discharger" means any holder of an NPDES	57636
permit identified by I in the second character of the NPDES permit	57637
number assigned by the director.	57638

(d) "Major discharger" means any holder of an NPDES permit	57639
classified as major by the regional administrator of the United	57640
States environmental protection agency in conjunction with the	57641
director.	57642

(M) Through June 30, ~~2014~~2016, a person applying for a	57643
license or license renewal to operate a public water system under	57644
section 6109.21 of the Revised Code shall pay the appropriate fee	57645
established under this division at the time of application to the	57646
director. Any person who fails to pay the fee at that time shall	57647
pay an additional amount that equals ten per cent of the required	57648
fee. The director shall transmit all moneys collected under this	57649
division to the treasurer of state for deposit into the drinking	57650
water protection fund created in section 6109.30 of the Revised	57651
Code.	57652

Except as provided in ~~division~~divisions (M)(4) and (5) of	57653
this section, fees required under this division shall be	57654
calculated and paid in accordance with the following schedule:	57655

(1) For the initial license required under section 6109.21 of	57656
the Revised Code for any public water system that is a community	57657
water system as defined in section 6109.01 of the Revised Code,	57658
and for each license renewal required for such a system prior to	57659
January 31, ~~2014~~2016, the fee is:	57660

Number of service connections		Fee amount	57661
	Not more than 49	$ 112	57662
	50 to 99	176	57663

Number of service connections		Average cost per connection	57664
	100 to 2,499	$ 1.92	57665
	2,500 to 4,999	1.48	57666
	5,000 to 7,499	1.42	57667
	7,500 to 9,999	1.34	57668
	10,000 to 14,999	1.16	57669
	15,000 to 24,999	1.10	57670
	25,000 to 49,999	1.04	57671
	50,000 to 99,999	.92	57672
	100,000 to 149,999	.86	57673
	150,000 to 199,999	.80	57674
	200,000 or more	.76	57675

A public water system may determine how it will pay the total	57676
amount of the fee calculated under division (M)(1) of this	57677
section, including the assessment of additional user fees that may	57678
be assessed on a volumetric basis.	57679

As used in division (M)(1) of this section, "service	57680
connection" means the number of active or inactive pipes,	57681
goosenecks, pigtails, and any other fittings connecting a water	57682
main to any building outlet.	57683

(2) For the initial license required under section 6109.21 of	57684
the Revised Code for any public water system that is not a	57685
community water system and serves a nontransient population, and	57686
for each license renewal required for such a system prior to	57687
January 31, ~~2014~~2016, the fee is:	57688

Population served	Fee amount	57689
Fewer than 150	$ 112	57690
150 to 299	176	57691
300 to 749	384	57692
750 to 1,499	628	57693
1,500 to 2,999	1,268	57694
3,000 to 7,499	2,816	57695
7,500 to 14,999	5,510	57696
15,000 to 22,499	9,048	57697
22,500 to 29,999	12,430	57698
30,000 or more	16,820	57699

As used in division (M)(2) of this section, "population	57700
served" means the total number of individuals having access to the	57701
water supply during a twenty-four-hour period for at least sixty	57702
days during any calendar year. In the absence of a specific	57703
population count, that number shall be calculated at the rate of	57704
three individuals per service connection.	57705

(3) For the initial license required under section 6109.21 of	57706
the Revised Code for any public water system that is not a	57707
community water system and serves a transient population, and for	57708
each license renewal required for such a system prior to January	57709
31, ~~2014~~2016, the fee is:	57710

Number of wells or sources, other than surface water, supplying system		Fee amount	57711
	1	$112	57712
	2	112	57713
	3	176	57714
	4	278	57715
	5	568	57716
	System designated as using a		57717
	surface water source	792	57718

As used in division (M)(3) of this section, "number of wells	57719
or sources, other than surface water, supplying system" means	57720
those wells or sources that are physically connected to the	57721
plumbing system serving the public water system.	57722

(4) A public water system designated as using a surface water	57723
source shall pay a fee of seven hundred ninety-two dollars or the	57724
amount calculated under division (M)(1) or (2) of this section,	57725
whichever is greater.	57726

(5) An applicant for an initial license who is proposing to	57727
operate a new public water supply system shall submit a fee that	57728
equals a prorated amount of the appropriate fee for the remainder	57729
of the licensing year.	57730

(N)(1) A person applying for a plan approval for a public	57731
water supply system under section 6109.07 of the Revised Code	57732
shall pay a fee of one hundred fifty dollars plus thirty-five	57733
hundredths of one per cent of the estimated project cost, except	57734
that the total fee shall not exceed twenty thousand dollars	57735
through June 30, ~~2014~~2016, and fifteen thousand dollars on and	57736
after July 1, ~~2014~~2016. The fee shall be paid at the time the	57737
application is submitted.	57738

(2) A person who has entered into an agreement with the	57739
director under division (A)(2) of section 6109.07 of the Revised	57740
Code shall pay an administrative service fee for each plan	57741
submitted under that section for approval that shall not exceed	57742
the minimum amount necessary to pay administrative costs directly	57743
attributable to processing plan approvals. The director annually	57744
shall calculate the fee and shall notify all persons that have	57745
entered into agreements under that division, or who have applied	57746
for agreements, of the amount of the fee.	57747

(3) Through June 30, ~~2014~~2016, the following fee, on a per	57748
survey basis, shall be charged any person for services rendered by	57749
the state in the evaluation of laboratories and laboratory	57750
personnel for compliance with accepted analytical techniques and	57751
procedures established pursuant to Chapter 6109. of the Revised	57752
Code for determining the qualitative characteristics of water:	57753

microbiological			57754
	MMO-MUG	$2,000	57755
	MF	2,100	57756
	MMO-MUG and MF	2,550	57757
organic chemical		5,400	57758
trace metals		5,400	57759
standard chemistry		2,800	57760
limited chemistry		1,550	57761

On and after July 1, ~~2014~~2016, the following fee, on a per	57762
survey basis, shall be charged any such person:	57763

microbiological	$ 1,650	57764
organic chemicals	3,500	57765
trace metals	3,500	57766
standard chemistry	1,800	57767
limited chemistry	1,000	57768

The fee for those services shall be paid at the time the request	57769
for the survey is made. Through June 30, ~~2014~~ 2016, an individual	57770
laboratory shall not be assessed a fee under this division more	57771
than once in any three-year period unless the person requests the	57772
addition of analytical methods or analysts, in which case the	57773
person shall pay eighteen hundred dollars for each additional	57774
survey requested.	57775

As used in division (N)(3) of this section:

57776

(a) "MF" means microfiltration.

57777

(b) "MMO" means minimal medium ONPG.

57778

57779

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

57780

The director shall transmit all moneys collected under this	57781
division to the treasurer of state for deposit into the drinking	57782
water protection fund created in section 6109.30 of the Revised	57783
Code.	57784

(O) Any person applying to the director to take an	57785
examination for certification as an operator of a water supply	57786
system or wastewater system under Chapter 6109. or 6111. of the	57787
Revised Code that is administered by the director, at the time the	57788
application is submitted, shall pay a fee in accordance with the	57789
following schedule through November 30, ~~2014~~2016:	57790

Class A operator	$ 80	57791
Class I operator	105	57792
Class II operator	120	57793
Class III operator	130	57794
Class IV operator	145	57795

On and after December 1, ~~2014~~2016, the applicant shall pay a	57796
fee in accordance with the following schedule:	57797

Class A operator	$ 50	57798
Class I operator	70	57799
Class II operator	80	57800
Class III operator	90	57801
Class IV operator	100	57802

Any person applying to the director for certification as an	57803
operator of a water supply system or wastewater system who has	57804
passed an examination administered by an examination provider	57805
approved by the director shall pay a certification fee of	57806
forty-five dollars.	57807

A person shall pay a biennial certification renewal fee for	57808
each applicable class of certification in accordance with the	57809
following schedule:	57810

Class A operator	$25	57811
Class I operator	35	57812
Class II operator	45	57813
Class III operator	55	57814
Class IV operator	65	57815

If a certification renewal fee is received by the director	57816
more than thirty days, but not more than one year after the	57817
expiration date of the certification, the person shall pay a	57818
certification renewal fee in accordance with the following	57819
schedule:	57820

Class A operator	$45	57821
Class I operator	55	57822
Class II operator	65	57823
Class III operator	75	57824
Class IV operator	85	57825

A person who requests a replacement certificate shall pay a	57826
fee of twenty-five dollars at the time the request is made.	57827

Any person applying to be a water supply system or wastewater	57828
treatment system examination provider shall pay an application fee	57829
of five hundred dollars. Any person approved by the director as a	57830
water supply system or wastewater treatment system examination	57831
provider shall pay an annual fee that is equal to ten per cent of	57832
the fees that the provider assesses and collects for administering	57833
water supply system or wastewater treatment system certification	57834
examinations in this state for the calendar year. The fee shall be	57835
paid not later than forty-five days after the end of a calendar	57836
year.	57837

The director shall transmit all moneys collected under this	57838
division to the treasurer of state for deposit into the drinking	57839
water protection fund created in section 6109.30 of the Revised	57840
Code.	57841

(P) Any person submitting an application for an industrial	57842
water pollution control certificate under section 6111.31 of the	57843
Revised Code, as that section existed before its repeal by H.B. 95	57844
of the 125th general assembly, shall pay a nonrefundable fee of	57845
five hundred dollars at the time the application is submitted. The	57846
director shall transmit all moneys collected under this division	57847
to the treasurer of state for deposit into the surface water	57848
protection fund created in section 6111.038 of the Revised Code. A	57849
person paying a certificate fee under this division shall not pay	57850
an application fee under division (S)(1) of this section. On and	57851
after June 26, 2003, persons shall file such applications and pay	57852
the fee as required under sections 5709.20 to 5709.27 of the	57853
Revised Code, and proceeds from the fee shall be credited as	57854
provided in section 5709.212 of the Revised Code.	57855

(Q) Except as otherwise provided in division (R) of this	57856
section, a person issued a permit by the director for a new solid	57857
waste disposal facility other than an incineration or composting	57858
facility, a new infectious waste treatment facility other than an	57859
incineration facility, or a modification of such an existing	57860
facility that includes an increase in the total disposal or	57861
treatment capacity of the facility pursuant to Chapter 3734. of	57862
the Revised Code shall pay a fee of ten dollars per thousand cubic	57863
yards of disposal or treatment capacity, or one thousand dollars,	57864
whichever is greater, except that the total fee for any such	57865
permit shall not exceed eighty thousand dollars. A person issued a	57866
modification of a permit for a solid waste disposal facility or an	57867
infectious waste treatment facility that does not involve an	57868
increase in the total disposal or treatment capacity of the	57869
facility shall pay a fee of one thousand dollars. A person issued	57870
a permit to install a new, or modify an existing, solid waste	57871
transfer facility under that chapter shall pay a fee of two	57872
thousand five hundred dollars. A person issued a permit to install	57873
a new or to modify an existing solid waste incineration or	57874
composting facility, or an existing infectious waste treatment	57875
facility using incineration as its principal method of treatment,	57876
under that chapter shall pay a fee of one thousand dollars. The	57877
increases in the permit fees under this division resulting from	57878
the amendments made by Amended Substitute House Bill 592 of the	57879
117th general assembly do not apply to any person who submitted an	57880
application for a permit to install a new, or modify an existing,	57881
solid waste disposal facility under that chapter prior to	57882
September 1, 1987; any such person shall pay the permit fee	57883
established in this division as it existed prior to June 24, 1988.	57884
In addition to the applicable permit fee under this division, a	57885
person issued a permit to install or modify a solid waste facility	57886
or an infectious waste treatment facility under that chapter who	57887
fails to pay the permit fee to the director in compliance with	57888
division (V) of this section shall pay an additional ten per cent	57889
of the amount of the fee for each week that the permit fee is	57890
late.	57891

Permit and late payment fees paid to the director under this	57892
division shall be credited to the general revenue fund.	57893

(R)(1) A person issued a registration certificate for a scrap	57894
tire collection facility under section 3734.75 of the Revised Code	57895
shall pay a fee of two hundred dollars, except that if the	57896
facility is owned or operated by a motor vehicle salvage dealer	57897
licensed under Chapter 4738. of the Revised Code, the person shall	57898
pay a fee of twenty-five dollars.	57899

(2) A person issued a registration certificate for a new	57900
scrap tire storage facility under section 3734.76 of the Revised	57901
Code shall pay a fee of three hundred dollars, except that if the	57902
facility is owned or operated by a motor vehicle salvage dealer	57903
licensed under Chapter 4738. of the Revised Code, the person shall	57904
pay a fee of twenty-five dollars.	57905

(3) A person issued a permit for a scrap tire storage	57906
facility under section 3734.76 of the Revised Code shall pay a fee	57907
of one thousand dollars, except that if the facility is owned or	57908
operated by a motor vehicle salvage dealer licensed under Chapter	57909
4738. of the Revised Code, the person shall pay a fee of fifty	57910
dollars.	57911

(4) A person issued a permit for a scrap tire monocell or	57912
monofill facility under section 3734.77 of the Revised Code shall	57913
pay a fee of ten dollars per thousand cubic yards of disposal	57914
capacity or one thousand dollars, whichever is greater, except	57915
that the total fee for any such permit shall not exceed eighty	57916
thousand dollars.	57917

(5) A person issued a registration certificate for a scrap	57918
tire recovery facility under section 3734.78 of the Revised Code	57919
shall pay a fee of one hundred dollars.	57920

(6) A person issued a permit for a scrap tire recovery	57921
facility under section 3734.78 of the Revised Code shall pay a fee	57922
of one thousand dollars.	57923

(7) In addition to the applicable registration certificate or	57924
permit fee under divisions (R)(1) to (6) of this section, a person	57925
issued a registration certificate or permit for any such scrap	57926
tire facility who fails to pay the registration certificate or	57927
permit fee to the director in compliance with division (V) of this	57928
section shall pay an additional ten per cent of the amount of the	57929
fee for each week that the fee is late.	57930

(8) The registration certificate, permit, and late payment	57931
fees paid to the director under divisions (R)(1) to (7) of this	57932
section shall be credited to the scrap tire management fund	57933
created in section 3734.82 of the Revised Code.	57934

(S)(1) Except as provided by divisions (L), (M), (N), (O),	57935
(P), and (S)(2) of this section, division (A)(2) of section	57936
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	57937
and rules adopted under division (T)(1) of this section, any	57938
person applying for a registration certificate under section	57939
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	57940
variance, or plan approval under Chapter 3734. of the Revised Code	57941
shall pay a nonrefundable fee of fifteen dollars at the time the	57942
application is submitted.	57943

Except as otherwise provided, any person applying for a	57944
permit, variance, or plan approval under Chapter 6109. or 6111. of	57945
the Revised Code shall pay a nonrefundable fee of one hundred	57946
dollars at the time the application is submitted through June 30,	57947
~~2014~~2016, and a nonrefundable fee of fifteen dollars at the time	57948
the application is submitted on and after July 1, ~~2014~~2016.	57949
Except as provided in division (S)(3) of this section, through	57950
June 30, ~~2014~~2016, any person applying for a national pollutant	57951
discharge elimination system permit under Chapter 6111. of the	57952
Revised Code shall pay a nonrefundable fee of two hundred dollars	57953
at the time of application for the permit. On and after July 1,	57954
~~2014~~2016, such a person shall pay a nonrefundable fee of fifteen	57955
dollars at the time of application.	57956

In addition to the application fee established under division	57957
(S)(1) of this section, any person applying for a national	57958
pollutant discharge elimination system general storm water	57959
construction permit shall pay a nonrefundable fee of twenty	57960
dollars per acre for each acre that is permitted above five acres	57961
at the time the application is submitted. However, the per acreage	57962
fee shall not exceed three hundred dollars. In addition, any	57963
person applying for a national pollutant discharge elimination	57964
system general storm water industrial permit shall pay a	57965
nonrefundable fee of one hundred fifty dollars at the time the	57966
application is submitted.	57967

The director shall transmit all moneys collected under	57968
division (S)(1) of this section pursuant to Chapter 6109. of the	57969
Revised Code to the treasurer of state for deposit into the	57970
drinking water protection fund created in section 6109.30 of the	57971
Revised Code.	57972

The director shall transmit all moneys collected under	57973
division (S)(1) of this section pursuant to Chapter 6111. of the	57974
Revised Code and under division (S)(3) of this section to the	57975
treasurer of state for deposit into the surface water protection	57976
fund created in section 6111.038 of the Revised Code.	57977

If a registration certificate is issued under section	57978
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	57979
the application fee paid shall be deducted from the amount of the	57980
registration certificate fee due under division (R)(1), (2), or	57981
(5) of this section, as applicable.	57982

If a person submits an electronic application for a	57983
registration certificate, permit, variance, or plan approval for	57984
which an application fee is established under division (S)(1) of	57985
this section, the person shall pay the applicable application fee	57986
as expeditiously as possible after the submission of the	57987
electronic application. An application for a registration	57988
certificate, permit, variance, or plan approval for which an	57989
application fee is established under division (S)(1) of this	57990
section shall not be reviewed or processed until the applicable	57991
application fee, and any other fees established under this	57992
division, are paid.	57993

(2) Division (S)(1) of this section does not apply to an	57994
application for a registration certificate for a scrap tire	57995
collection or storage facility submitted under section 3734.75 or	57996
3734.76 of the Revised Code, as applicable, if the owner or	57997
operator of the facility or proposed facility is a motor vehicle	57998
salvage dealer licensed under Chapter 4738. of the Revised Code.	57999

(3) A person applying for coverage under a national pollutant	58000
discharge elimination system general discharge permit for	58001
household sewage treatment systems shall pay the following fees:	58002

(a) A nonrefundable fee of two hundred dollars at the time of	58003
application for initial permit coverage;	58004

(b) A nonrefundable fee of one hundred dollars at the time of	58005
application for a renewal of permit coverage.	58006

(T) The director may adopt, amend, and rescind rules in	58007
accordance with Chapter 119. of the Revised Code that do all of	58008
the following:	58009

(1) Prescribe fees to be paid by applicants for and holders	58010
of any license, permit, variance, plan approval, or certification	58011
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	58012
the Revised Code that are not specifically established in this	58013
section. The fees shall be designed to defray the cost of	58014
processing, issuing, revoking, modifying, denying, and enforcing	58015
the licenses, permits, variances, plan approvals, and	58016
certifications.	58017

The director shall transmit all moneys collected under rules	58018
adopted under division (T)(1) of this section pursuant to Chapter	58019
6109. of the Revised Code to the treasurer of state for deposit	58020
into the drinking water protection fund created in section 6109.30	58021
of the Revised Code.	58022

The director shall transmit all moneys collected under rules	58023
adopted under division (T)(1) of this section pursuant to Chapter	58024
6111. of the Revised Code to the treasurer of state for deposit	58025
into the surface water protection fund created in section 6111.038	58026
of the Revised Code.	58027

(2) Exempt the state and political subdivisions thereof,	58028
including education facilities or medical facilities owned by the	58029
state or a political subdivision, or any person exempted from	58030
taxation by section 5709.07 or 5709.12 of the Revised Code, from	58031
any fee required by this section;	58032

(3) Provide for the waiver of any fee, or any part thereof,	58033
otherwise required by this section whenever the director	58034
determines that the imposition of the fee would constitute an	58035
unreasonable cost of doing business for any applicant, class of	58036
applicants, or other person subject to the fee;	58037

(4) Prescribe measures that the director considers necessary	58038
to carry out this section.	58039

(U) When the director reasonably demonstrates that the direct	58040
cost to the state associated with the issuance of a permit to	58041
install, license, variance, plan approval, or certification	58042
exceeds the fee for the issuance or review specified by this	58043
section, the director may condition the issuance or review on the	58044
payment by the person receiving the issuance or review of, in	58045
addition to the fee specified by this section, the amount, or any	58046
portion thereof, in excess of the fee specified under this	58047
section. The director shall not so condition issuances for which a	58048
fee is prescribed in division (L)(1)(b) of this section.	58049

(V) Except as provided in divisions (L), (M), and (P) of this	58050
section or unless otherwise prescribed by a rule of the director	58051
adopted pursuant to Chapter 119. of the Revised Code, all fees	58052
required by this section are payable within thirty days after the	58053
issuance of an invoice for the fee by the director or the	58054
effective date of the issuance of the license, permit, variance,	58055
plan approval, or certification. If payment is late, the person	58056
responsible for payment of the fee shall pay an additional ten per	58057
cent of the amount due for each month that it is late.	58058

(W) As used in this section, "fuel-burning equipment,"	58059
"fuel-burning equipment input capacity," "incinerator,"	58060
"incinerator input capacity," "process," "process weight rate,"	58061
"storage tank," "gasoline dispensing facility," "dry cleaning	58062
facility," "design flow discharge," and "new source treatment	58063
works" have the meanings ascribed to those terms by applicable	58064
rules or standards adopted by the director under Chapter 3704. or	58065
6111. of the Revised Code.	58066

(X) As used in divisions (B), (D), (E), (F), (H), (I), and	58067
(J) of this section, and in any other provision of this section	58068
pertaining to fees paid pursuant to Chapter 3704. of the Revised	58069
Code:	58070

(1) "Facility," "federal Clean Air Act," "person," and "Title	58071
V permit" have the same meanings as in section 3704.01 of the	58072
Revised Code.	58073

(2) "Title V permit program" means the following activities	58074
as necessary to meet the requirements of Title V of the federal	58075
Clean Air Act and 40 C.F.R. part 70, including at least:	58076

(a) Preparing and adopting, if applicable, generally	58077
applicable rules or guidance regarding the permit program or its	58078
implementation or enforcement;	58079

(b) Reviewing and acting on any application for a Title V	58080
permit, permit revision, or permit renewal, including the	58081
development of an applicable requirement as part of the processing	58082
of a permit, permit revision, or permit renewal;	58083

(c) Administering the permit program, including the	58084
supporting and tracking of permit applications, compliance	58085
certification, and related data entry;	58086

(d) Determining which sources are subject to the program and	58087
implementing and enforcing the terms of any Title V permit, not	58088
including any court actions or other formal enforcement actions;	58089

(e) Emission and ambient monitoring;

58090

(f) Modeling, analyses, or demonstrations;

58091

(g) Preparing inventories and tracking emissions;

58092

(h) Providing direct and indirect support to small business	58093
stationary sources to determine and meet their obligations under	58094
the federal Clean Air Act pursuant to the small business	58095
stationary source technical and environmental compliance	58096
assistance program required by section 507 of that act and	58097
established in sections 3704.18, 3704.19, and 3706.19 of the	58098
Revised Code.	58099

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	58100
of this section, each sewage sludge facility shall pay a	58101
nonrefundable annual sludge fee equal to three dollars and fifty	58102
cents per dry ton of sewage sludge, including the dry tons of	58103
sewage sludge in materials derived from sewage sludge, that the	58104
sewage sludge facility treats or disposes of in this state. The	58105
annual volume of sewage sludge treated or disposed of by a sewage	58106
sludge facility shall be calculated using the first day of January	58107
through the thirty-first day of December of the calendar year	58108
preceding the date on which payment of the fee is due.	58109

(2)(a) Except as provided in division (Y)(2)(d) of this	58110
section, each sewage sludge facility shall pay a minimum annual	58111
sewage sludge fee of one hundred dollars.	58112

(b) The annual sludge fee required to be paid by a sewage	58113
sludge facility that treats or disposes of exceptional quality	58114
sludge in this state shall be thirty-five per cent less per dry	58115
ton of exceptional quality sludge than the fee assessed under	58116
division (Y)(1) of this section, subject to the following	58117
exceptions:	58118

(i) Except as provided in division (Y)(2)(d) of this section,	58119
a sewage sludge facility that treats or disposes of exceptional	58120
quality sludge shall pay a minimum annual sewage sludge fee of one	58121
hundred dollars.	58122

(ii) A sewage sludge facility that treats or disposes of	58123
exceptional quality sludge shall not be required to pay the annual	58124
sludge fee for treatment or disposal in this state of exceptional	58125
quality sludge generated outside of this state and contained in	58126
bags or other containers not greater than one hundred pounds in	58127
capacity.	58128

A thirty-five per cent reduction for exceptional quality	58129
sludge applies to the maximum annual fees established under	58130
division (Y)(3) of this section.	58131

(c) A sewage sludge facility that transfers sewage sludge to	58132
another sewage sludge facility in this state for further treatment	58133
prior to disposal in this state shall not be required to pay the	58134
annual sludge fee for the tons of sewage sludge that have been	58135
transferred. In such a case, the sewage sludge facility that	58136
disposes of the sewage sludge shall pay the annual sludge fee.	58137
However, the facility transferring the sewage sludge shall pay the	58138
one-hundred-dollar minimum fee required under division (Y)(2)(a)	58139
of this section.	58140

In the case of a sewage sludge facility that treats sewage	58141
sludge in this state and transfers it out of this state to another	58142
entity for disposal, the sewage sludge facility in this state	58143
shall be required to pay the annual sludge fee for the tons of	58144
sewage sludge that have been transferred.	58145

(d) A sewage sludge facility that generates sewage sludge	58146
resulting from an average daily discharge flow of less than five	58147
thousand gallons per day is not subject to the fees assessed under	58148
division (Y) of this section.	58149

(3) No sewage sludge facility required to pay the annual	58150
sludge fee shall be required to pay more than the maximum annual	58151
fee for each disposal method that the sewage sludge facility uses.	58152
The maximum annual fee does not include the additional amount that	58153
may be charged under division (Y)(5) of this section for late	58154
payment of the annual sludge fee. The maximum annual fee for the	58155
following methods of disposal of sewage sludge is as follows:	58156

(a) Incineration: five thousand dollars;

58157

(b) Preexisting land reclamation project or disposal in a	58158
landfill: five thousand dollars;	58159

(c) Land application, land reclamation, surface disposal, or	58160
any other disposal method not specified in division (Y)(3)(a) or	58161
(b) of this section: twenty thousand dollars.	58162

(4)(a) In the case of an entity that generates sewage sludge	58163
or a sewage sludge facility that treats sewage sludge and	58164
transfers the sewage sludge to an incineration facility for	58165
disposal, the incineration facility, and not the entity generating	58166
the sewage sludge or the sewage sludge facility treating the	58167
sewage sludge, shall pay the annual sludge fee for the tons of	58168
sewage sludge that are transferred. However, the entity or	58169
facility generating or treating the sewage sludge shall pay the	58170
one-hundred-dollar minimum fee required under division (Y)(2)(a)	58171
of this section.	58172

(b) In the case of an entity that generates sewage sludge and	58173
transfers the sewage sludge to a landfill for disposal or to a	58174
sewage sludge facility for land reclamation or surface disposal,	58175
the entity generating the sewage sludge, and not the landfill or	58176
sewage sludge facility, shall pay the annual sludge fee for the	58177
tons of sewage sludge that are transferred.	58178

(5) Not later than the first day of April of the calendar	58179
year following March 17, 2000, and each first day of April	58180
thereafter, the director shall issue invoices to persons who are	58181
required to pay the annual sludge fee. The invoice shall identify	58182
the nature and amount of the annual sludge fee assessed and state	58183
the first day of May as the deadline for receipt by the director	58184
of objections regarding the amount of the fee and the first day of	58185
July as the deadline for payment of the fee.	58186

Not later than the first day of May following receipt of an	58187
invoice, a person required to pay the annual sludge fee may submit	58188
objections to the director concerning the accuracy of information	58189
regarding the number of dry tons of sewage sludge used to	58190
calculate the amount of the annual sludge fee or regarding whether	58191
the sewage sludge qualifies for the exceptional quality sludge	58192
discount established in division (Y)(2)(b) of this section. The	58193
director may consider the objections and adjust the amount of the	58194
fee to ensure that it is accurate.	58195

If the director does not adjust the amount of the annual	58196
sludge fee in response to a person's objections, the person may	58197
appeal the director's determination in accordance with Chapter	58198
119. of the Revised Code.	58199

Not later than the first day of June, the director shall	58200
notify the objecting person regarding whether the director has	58201
found the objections to be valid and the reasons for the finding.	58202
If the director finds the objections to be valid and adjusts the	58203
amount of the annual sludge fee accordingly, the director shall	58204
issue with the notification a new invoice to the person	58205
identifying the amount of the annual sludge fee assessed and	58206
stating the first day of July as the deadline for payment.	58207

Not later than the first day of July, any person who is	58208
required to do so shall pay the annual sludge fee. Any person who	58209
is required to pay the fee, but who fails to do so on or before	58210
that date shall pay an additional amount that equals ten per cent	58211
of the required annual sludge fee.	58212

(6) The director shall transmit all moneys collected under	58213
division (Y) of this section to the treasurer of state for deposit	58214
into the surface water protection fund created in section 6111.038	58215
of the Revised Code. The moneys shall be used to defray the costs	58216
of administering and enforcing provisions in Chapter 6111. of the	58217
Revised Code and rules adopted under it that govern the use,	58218
storage, treatment, or disposal of sewage sludge.	58219

(7) Beginning in fiscal year 2001, and every two years	58220
thereafter, the director shall review the total amount of moneys	58221
generated by the annual sludge fees to determine if that amount	58222
exceeded six hundred thousand dollars in either of the two	58223
preceding fiscal years. If the total amount of moneys in the fund	58224
exceeded six hundred thousand dollars in either fiscal year, the	58225
director, after review of the fee structure and consultation with	58226
affected persons, shall issue an order reducing the amount of the	58227
fees levied under division (Y) of this section so that the	58228
estimated amount of moneys resulting from the fees will not exceed	58229
six hundred thousand dollars in any fiscal year.	58230

If, upon review of the fees under division (Y)(7) of this	58231
section and after the fees have been reduced, the director	58232
determines that the total amount of moneys collected and	58233
accumulated is less than six hundred thousand dollars, the	58234
director, after review of the fee structure and consultation with	58235
affected persons, may issue an order increasing the amount of the	58236
fees levied under division (Y) of this section so that the	58237
estimated amount of moneys resulting from the fees will be	58238
approximately six hundred thousand dollars. Fees shall never be	58239
increased to an amount exceeding the amount specified in division	58240
(Y)(7) of this section.	58241

Notwithstanding section 119.06 of the Revised Code, the	58242
director may issue an order under division (Y)(7) of this section	58243
without the necessity to hold an adjudicatory hearing in	58244
connection with the order. The issuance of an order under this	58245
division is not an act or action for purposes of section 3745.04	58246
of the Revised Code.	58247

(8) As used in division (Y) of this section:

58248

(a) "Sewage sludge facility" means an entity that performs	58249
treatment on or is responsible for the disposal of sewage sludge.	58250

(b) "Sewage sludge" means a solid, semi-solid, or liquid	58251
residue generated during the treatment of domestic sewage in a	58252
treatment works as defined in section 6111.01 of the Revised Code.	58253
"Sewage sludge" includes, but is not limited to, scum or solids	58254
removed in primary, secondary, or advanced wastewater treatment	58255
processes. "Sewage sludge" does not include ash generated during	58256
the firing of sewage sludge in a sewage sludge incinerator, grit	58257
and screenings generated during preliminary treatment of domestic	58258
sewage in a treatment works, animal manure, residue generated	58259
during treatment of animal manure, or domestic septage.	58260

(c) "Exceptional quality sludge" means sewage sludge that	58261
meets all of the following qualifications:	58262

(i) Satisfies the class A pathogen standards in 40 C.F.R.	58263
503.32(a);	58264

(ii) Satisfies one of the vector attraction reduction	58265
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	58266

(iii) Does not exceed the ceiling concentration limitations	58267
for metals listed in table one of 40 C.F.R. 503.13;	58268

(iv) Does not exceed the concentration limitations for metals	58269
listed in table three of 40 C.F.R. 503.13.	58270

(d) "Treatment" means the preparation of sewage sludge for	58271
final use or disposal and includes, but is not limited to,	58272
thickening, stabilization, and dewatering of sewage sludge.	58273

(e) "Disposal" means the final use of sewage sludge,	58274
including, but not limited to, land application, land reclamation,	58275
surface disposal, or disposal in a landfill or an incinerator.	58276

(f) "Land application" means the spraying or spreading of	58277
sewage sludge onto the land surface, the injection of sewage	58278
sludge below the land surface, or the incorporation of sewage	58279
sludge into the soil for the purposes of conditioning the soil or	58280
fertilizing crops or vegetation grown in the soil.	58281

(g) "Land reclamation" means the returning of disturbed land	58282
to productive use.	58283

(h) "Surface disposal" means the placement of sludge on an	58284
area of land for disposal, including, but not limited to,	58285
monofills, surface impoundments, lagoons, waste piles, or	58286
dedicated disposal sites.	58287

(i) "Incinerator" means an entity that disposes of sewage	58288
sludge through the combustion of organic matter and inorganic	58289
matter in sewage sludge by high temperatures in an enclosed	58290
device.	58291

(j) "Incineration facility" includes all incinerators owned	58292
or operated by the same entity and located on a contiguous tract	58293
of land. Areas of land are considered to be contiguous even if	58294
they are separated by a public road or highway.	58295

(k) "Annual sludge fee" means the fee assessed under division	58296
(Y)(1) of this section.	58297

(l) "Landfill" means a sanitary landfill facility, as defined	58298
in rules adopted under section 3734.02 of the Revised Code, that	58299
is licensed under section 3734.05 of the Revised Code.	58300

(m) "Preexisting land reclamation project" means a	58301
property-specific land reclamation project that has been in	58302
continuous operation for not less than five years pursuant to	58303
approval of the activity by the director and includes the	58304
implementation of a community outreach program concerning the	58305
activity.	58306

Sec. 3745.113. (A) A person that applies for a state isolated	58307
wetland permit under Chapter 6111. of the Revised Code and rules	58308
adopted under it shall pay an application fee of two hundred	58309
dollars at the time of application.	58310

In addition, that person shall pay, at the time of	58311
application, a review fee of five hundred dollars per acre of the	58312
wetlands to be impacted.	58313

However, the review fee shall not exceed five thousand	58314
dollars per application. In addition, if an application is denied,	58315
the director of environmental protection shall refund to the	58316
applicant one-half of the amount of the review fee paid by the	58317
applicant under division (A) of this section.	58318

(B) If a person conducts any activities for which an	58319
individual state isolated wetland permit is required under Chapter	58320
6111. of the Revised Code and rules adopted under it without first	58321
obtaining such a permit, the person shall pay twice the amount of	58322
the application and review fees that the person otherwise would	58323
have been required to pay under division (A) of this section, not	58324
to exceed ten thousand dollars.	58325

(C) All moneys collected under this section shall be	58326
deposited in the state treasury to the credit of the ~~dredge and~~	58327
~~fill~~surface water protection fund created in section ~~6111.029~~	58328
6111.038 of the Revised Code.	58329

(D) Fees established under this section shall not apply to	58330
any agency or department of the state or to any county, township,	58331
or municipal corporation in this state.	58332

Sec. 3748.01. As used in this chapter:

58333

(A) "Byproduct material" means either of the following:

58334

(1) Any radioactive material, except special nuclear	58335
material, yielded in or made radioactive by exposure to radiation	58336
incident to the process of producing or utilizing special nuclear	58337
material;	58338

(2) The tailings or wastes produced by the extraction or	58339
concentration of uranium or thorium from any ore processed	58340
primarily for its source material content.	58341

(B) "Certified radiation expert" means an individual who has	58342
complied with all of the following:	58343

(1) Applied to the director of health for certification as a	58344
radiation expert under section 3748.12 of the Revised Code;	58345

(2) Met minimum education and experience requirements	58346
established in rules adopted under division (C) of section 3748.04	58347
of the Revised Code;	58348

(3) Been granted a certificate as a radiation expert by the	58349
director under section 3748.12 of the Revised Code.	58350

(C) "Closure" or "site closure" refers to a facility for the	58351
disposal of low-level radioactive waste or a byproduct material	58352
site, as "byproduct material" is defined in division (A)(2) of	58353
this section, and means all activities performed at a licensed	58354
operation, such as stabilization and contouring, to ensure that	58355
the site where the operation occurred is in a stable condition so	58356
that only minor custodial care, surveillance, and monitoring are	58357
necessary at the site following the termination of the licensed	58358
operation.	58359

(D) "Decommissioning" means to safely remove any licensed	58360
operation from service and reduce residual radioactivity to a	58361
level that permits release of the licensee's property for	58362
unrestricted use. With regard to a facility for the disposal of	58363
low-level radioactive waste or a byproduct material site, as	58364
"byproduct material" is defined in division (A)(2) of this	58365
section, "decommissioning" does not include the reduction of	58366
residual radioactivity to a level that permits release of the	58367
facility for unrestricted use.	58368

(E) "Director of health" includes a designee or authorized	58369
representative of the director.	58370

(F) "Disposal," with regard to low-level radioactive waste,	58371
means the permanent isolation of that waste in accordance with	58372
requirements established by the United States nuclear regulatory	58373
commission or the licensing agreement state.	58374

(G) "Disposal site" means that portion of a facility that is	58375
used for the disposal of low-level radioactive waste and that	58376
consists of disposal units and a buffer zone. "Disposal unit"	58377
means a discrete portion of such a facility into which low-level	58378
radioactive waste is placed for disposal.	58379

(H)(1) Except as provided in division (H)(2) of this section,	58380
"facility" means the state, any political subdivision, person,	58381
public or private institution, or group, or any unit of one of	58382
those entities, but does not include the federal government or any	58383
of its agencies.	58384

(2) For the purposes of the disposal of low-level radioactive	58385
waste, "facility" has the same meaning as in section 3747.01 of	58386
the Revised Code.	58387

(I) "Handle" means receive, possess, use, store, transfer,	58388
install, service, or dispose of sources of radiation unless	58389
possession is solely for the purpose of transportation.	58390

(J) "Handler" means a facility that handles sources of	58391
radiation unless possession is solely for the purpose of	58392
transportation.	58393

(K) "Inspection" means an official review, examination, or	58394
observation, including, without limitation, tests, surveys, and	58395
monitoring, that is used to determine compliance with rules,	58396
orders, requirements, and conditions of the department of health	58397
and that is conducted by the director of health.	58398

(L) "Low-level radioactive waste" has the same meaning as in	58399
section 3747.01 of the Revised Code with regard to the disposal of	58400
low-level radioactive waste. In regard to regulatory control at	58401
locations other than a disposal facility, "low-level radioactive	58402
waste" has the same meaning as in 42 U.S.C.A. 2021b.	58403

(M) "Quality assurance program" means a program providing for	58404
verification by written procedures such as testing, auditing, and	58405
inspection to ensure that deficiencies, deviations, defective	58406
equipment, or unsafe practices, or a combination thereof, relating	58407
to the use, disposal, management, or manufacture of radiation	58408
sources are identified, promptly corrected, and reported to the	58409
appropriate regulatory authorities.	58410

(N) "Radiation" means ionizing and nonionizing radiation.

58411

(1) "Ionizing radiation" means gamma rays and X-rays, alpha	58412
and beta particles, high-speed electrons, neutrons, protons, and	58413
other nuclear particles, but does not include sound or radio waves	58414
or visible, infrared, or ultraviolet light.	58415

(2) "Nonionizing radiation" means any electromagnetic	58416
radiation, other than ionizing electromagnetic radiation, or any	58417
sonic, ultrasonic, or infrasonic wave.	58418

(O) "Radioactive material" means any solid, liquid, or	58419
gaseous material that emits ionizing radiation spontaneously.	58420
"Radioactive material" includes accelerator-produced and naturally	58421
occurring materials and byproduct, source, and special nuclear	58422
material.	58423

(P) "Radiation-generating equipment" means any manufactured	58424
product or device, or component of such a product or device, or	58425
any machine or system that during operation can generate or emit	58426
radiation, except those that emit radiation only from radioactive	58427
material. "Radiation-generating equipment" does not include either	58428
of the following:	58429

(1) Diathermy machines;

58430

(2) Microwave ovens, including food service microwave ovens	58431
used for commercial and industrial uses, television receivers,	58432
electric lamps, and other household appliances and products that	58433
generate very low levels of radiation.	58434

(Q) "Source material" means uranium, thorium, or any	58435
combination thereof in any physical or chemical form, or any ores	58436
that contain by weight at least one-twentieth of one per cent of	58437
uranium, thorium, or any combination thereof. "Source material"	58438
does not include special nuclear material.	58439

(R) "Source of radiation" means radioactive material or	58440
radiation-generating equipment.	58441

(S) "Special nuclear material" means either of the following:

58442

(1) Plutonium, uranium 233, uranium enriched in the isotope	58443
233 or in the isotope 235, and any other material that the United	58444
States nuclear regulatory commission determines to be special	58445
nuclear material, but does not include source material pursuant to	58446
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42	58447
U.S.C.A. 2071."	58448

(2) Except for any source material, any material artificially	58449
enriched by any of the materials identified in division (S)(1) of	58450
this section.	58451

(T) "Storage" means the retention of radioactive materials,	58452
including low-level radioactive waste, prior to disposal in a	58453
manner that allows for surveillance, control, and subsequent	58454
retrieval.	58455

(U) "Medical practitioner" means a person who is authorized	58456
pursuant to Chapter 4715. of the Revised Code to practice	58457
dentistry; pursuant to Chapter 4731. of the Revised Code to	58458
practice medicine and surgery, osteopathic medicine and surgery,	58459
or podiatric medicine and surgery; or pursuant to Chapter 4734. of	58460
the Revised Code to practice chiropractic.	58461

(V) "Medical-practitioner group" means a corporation,	58462
partnership, or other business entity, other than a hospital as	58463
defined in section 3727.01 of the Revised Code, consisting of	58464
medical practitioners.	58465

(W) "Naturally occurring radioactive material" means material	58466
that contains any nuclide that is radioactive in its natural	58467
physical state. "Naturally occurring radioactive material" does	58468
not include source material, byproduct material, or special	58469
nuclear material.	58470

(X) "Technologically enhanced naturally occurring radioactive	58471
material" means naturally occurring radioactive material with	58472
radionuclide concentrations that are increased by or as a result	58473
of past or present human activities. "Technologically enhanced	58474
naturally occurring radioactive material" does not include natural	58475
background radiation, byproduct material, or source material.	58476

Sec. 3748.04. The director of health, in accordance with	58477
Chapter 119. of the Revised Code, shall adopt and may amend or	58478
rescind rules doing all of the following:	58479

(A) Listing types of radioactive material for which licensure	58480
by its handler is required and types of radiation-generating	58481
equipment for which registration by its handler is required, and	58482
establishing requirements governing them. Rules adopted under	58483
division (A) of this section shall be compatible with applicable	58484
federal regulations and shall establish all of the following,	58485
without limitation:	58486

(1) Requirements governing both of the following:

58487

(a) The licensing and inspection of handlers of radioactive	58488
material. Standards established in rules adopted under division	58489
(A)(1)(a) of this section regarding byproduct material or any	58490
activity that results in the production of that material, to the	58491
extent practicable, shall be equivalent to or more stringent than	58492
applicable standards established by the United States nuclear	58493
regulatory commission.	58494

(b) The registration and inspection of handlers of	58495
radiation-generating equipment. Standards established in rules	58496
adopted under division (A)(1)(b) of this section, to the extent	58497
practicable, shall be equivalent to applicable standards	58498
established by the food and drug administration in the United	58499
States department of health and human services.	58500

(2) Identification of and requirements governing possession	58501
and use of specifically licensed and generally licensed quantities	58502
of radioactive material as either sealed sources or unsealed	58503
sources;	58504

(3) A procedure for the issuance of and the frequency of	58505
renewal of the licenses of handlers of radioactive material, other	58506
than a license for a facility for the disposal of low-level	58507
radioactive waste, and of the certificates of registration of	58508
handlers of radiation-generating equipment;	58509

(4) Procedures for suspending and revoking the licenses of	58510
handlers of radioactive material and the certificates of	58511
registration of handlers of radiation-generating equipment;	58512

(5) Criteria to be used by the director of health in amending	58513
the license of a handler of radioactive material or the	58514
certificate of registration of a handler of radiation-generating	58515
equipment subsequent to its issuance;	58516

(6) Criteria for achieving and maintaining compliance with	58517
this chapter and rules adopted under it by licensees and	58518
registrants;	58519

(7) Criteria governing environmental monitoring of licensed	58520
and registered activities to assess compliance with this chapter	58521
and rules adopted under it;	58522

(8) Fees for both of the following:

58523

(a) The licensing of handlers, other than facilities for the	58524
disposal of low-level radioactive waste, of radioactive material;	58525

(b) The registration of handlers, other than facilities that	58526
are, or are operated by, medical practitioners or	58527
medical-practitioner groups, of radiation-generating equipment.	58528

(9) A fee schedule for both of the following that includes	58529
fees for reviews, conducted during an inspection, of shielding	58530
plans or the adequacy of shielding:	58531

(a) The inspection of handlers of radioactive material;

58532

(b) The inspection of handlers, other than facilities that	58533
are, or are operated by, medical practitioners or	58534
medical-practitioner groups, of radiation-generating equipment.	58535

(B)(1) Identifying sources of radiation, circumstances of	58536
possession, use, or disposal of sources of radiation, and levels	58537
of radiation that constitute an unreasonable or unnecessary risk	58538
to human health or the environment;	58539

(2) Establishing requirements for the achievement and	58540
maintenance of compliance with standards for the receipt,	58541
possession, use, storage, installation, transfer, servicing, and	58542
disposal of sources of radiation to prevent levels of radiation	58543
that constitute an unreasonable or unnecessary risk to human	58544
health or the environment;	58545

(3) Requiring the maintenance of records on the receipt, use,	58546
storage, transfer, and disposal of radioactive material and on the	58547
radiological safety aspects of the use and maintenance of	58548
radiation-generating equipment.	58549

In adopting rules under divisions (A) and (B) of this	58550
section, the director shall use standards no less stringent than	58551
the "suggested state regulations for control of radiation"	58552
prepared by the conference of radiation control program directors,	58553
inc., and regulations adopted by the United States nuclear	58554
regulatory commission, the United States environmental protection	58555
agency, and the United States department of health and human	58556
services and shall consider reports of the national council on	58557
radiation protection and measurement and the relevant standards of	58558
the American national standards institute.	58559

(C) Establishing fees, procedures, and requirements for	58560
certification as a radiation expert, including all of the	58561
following, without limitation:	58562

(1) Minimum training and experience requirements;

58563

(2) Procedures for applying for certification;

58564

(3) Procedures for review of applications and issuance of	58565
certificates;	58566

(4) Procedures for suspending and revoking certification.

58567

(D) Establishing a schedule for inspection of sources of	58568
radiation and their shielding and surroundings;	58569

(E) Establishing the responsibilities of a radiation expert;

58570

(F) Establishing criteria for quality assurance programs for	58571
licensees of radioactive material and registrants of	58572
radiation-generating equipment;	58573

(G) Establishing fees to be paid by any facility that, on	58574
September 8, 1995, holds a license from the United States nuclear	58575
regulatory commission in order to provide moneys necessary for the	58576
transfer of licensing and other regulatory authority from the	58577
commission to the state pursuant to section 3748.03 of the Revised	58578
Code. Rules adopted under this division shall stipulate that fees	58579
so established do not apply to any functions dealing specifically	58580
with a facility for the disposal of low-level radioactive waste.	58581
Fees collected under this division shall be deposited into the	58582
state treasury to the credit of the general operations fund	58583
created in section 3701.83 of the Revised Code. The fees shall be	58584
used solely to administer and enforce this chapter and rules	58585
adopted under it.	58586

(H) Establishing fees to be collected annually from	58587
generators of low-level radioactive waste, which shall be based	58588
upon the volume and radioactivity of the waste generated and the	58589
costs of administering low-level radioactive waste management	58590
activities under this chapter and rules adopted under it. All fees	58591
collected under this division shall be deposited into the state	58592
treasury to the credit of the general operations fund created in	58593
section 3701.83 of the Revised Code. The fees shall be used solely	58594
to administer and enforce this chapter and rules adopted under it.	58595
Any fee required under this division that remains unpaid on the	58596
ninety-first day after the original invoice date shall be assessed	58597
an additional amount equal to ten per cent of the original fee.	58598

(I) Establishing requirements governing closure,	58599
decontamination, decommissioning, reclamation, and long-term	58600
surveillance and care of a facility licensed under this chapter	58601
and rules adopted under it. Rules adopted under division (I) of	58602
this section shall include, without limitation, all of the	58603
following:	58604

(1) Standards and procedures to ensure that a licensee	58605
prepares a decommissioning funding plan that provides an adequate	58606
financial guaranty to permit the completion of all requirements	58607
governing the closure, decontamination, decommissioning, and	58608
reclamation of sites, structures, and equipment used in	58609
conjunction with a licensed activity;	58610

(2) For licensed activities where radioactive material that	58611
will require surveillance or care is likely to remain at the site	58612
after the licensed activities cease, as indicated in the	58613
application for the license submitted under section 3748.07 of the	58614
Revised Code, standards and procedures to ensure that the licensee	58615
prepares an additional decommissioning funding plan for long-term	58616
surveillance and care, before termination of the license, that	58617
provides an additional adequate financial guaranty as necessary to	58618
provide for that surveillance and care;	58619

(3) For the purposes of the decommissioning funding plans	58620
required in rules adopted under divisions (I)(1) and (2) of this	58621
section, the types of acceptable financial guaranties, which shall	58622
include bonds issued by fidelity or surety companies authorized to	58623
do business in the state, certificates of deposit, deposits of	58624
government securities, irrevocable letters or lines of credit,	58625
trust funds, escrow accounts, or other similar types of	58626
arrangements, but shall not include any arrangement that	58627
constitutes self-insurance;	58628

(4) A requirement that the decommissioning funding plans	58629
required in rules adopted under divisions (I)(1) and (2) of this	58630
section contain financial guaranties in amounts sufficient to	58631
ensure compliance with any standards established by the United	58632
States nuclear regulatory commission, or by the state if it has	58633
become an agreement state pursuant to section 3748.03 of the	58634
Revised Code, pertaining to closure, decontamination,	58635
decommissioning, reclamation, and long-term surveillance and care	58636
of licensed activities and sites of licensees.	58637

Standards established in rules adopted under division (I) of	58638
this section regarding any activity that resulted in the	58639
production of byproduct material, as defined in division (A)(2) of	58640
section 3748.01 of the Revised Code, to the extent practicable,	58641
shall be equivalent to or more stringent than standards	58642
established by the United States nuclear regulatory commission for	58643
sites at which ores were processed primarily for their source	58644
material content and at which byproduct material, as defined in	58645
division (A)(2) of section 3748.01 of the Revised Code, is	58646
deposited.	58647

(J) Establishing criteria governing inspections of a facility	58648
for the disposal of low-level radioactive waste, including,	58649
without limitation, the establishment of a resident inspector	58650
program at such a facility;	58651

(K) Establishing requirements and procedures governing the	58652
filing of complaints under section 3748.16 of the Revised Code,	58653
including, without limitation, those governing intervention in a	58654
hearing held under division (B)(3) of that section;	58655

(L) Establishing requirements governing technologically	58656
enhanced naturally occurring radioactive material. Rules adopted	58657
under this division shall not apply to naturally occurring	58658
radioactive material.	58659

Sec. 3769.08. (A) Any person holding a permit to conduct a	58660
horse-racing meeting may provide a place in the race meeting	58661
grounds or enclosure at which the permit holder may conduct and	58662
supervise the pari-mutuel system of wagering by patrons of legal	58663
age on the live racing programs and simulcast racing programs	58664
conducted by the permit holder.	58665

The pari-mutuel method of wagering upon the live racing	58666
programs and simulcast racing programs held at or conducted within	58667
such race track, and at the time of such horse-racing meeting, or	58668
at other times authorized by the state racing commission, shall	58669
not be unlawful. No other place, except that provided and	58670
designated by the permit holder and except as provided in section	58671
3769.26 of the Revised Code, nor any other method or system of	58672
betting or wagering on live racing programs and simulcast racing	58673
programs, except the pari-mutuel system, shall be used or	58674
permitted by the permit holder; nor, except as provided in section	58675
3769.089 or 3769.26 of the Revised Code, shall the pari-mutuel	58676
system of wagering be conducted by the permit holder on any races	58677
except the races at the race track, grounds, or enclosure for	58678
which the person holds a permit. Each permit holder may retain as	58679
a commission an amount not to exceed eighteen per cent of the	58680
total of all moneys wagered on live racing programs and simulcast	58681
racing programs.	58682

The pari-mutuel wagering authorized by this section is	58683
subject to sections 3769.25 to 3769.28 of the Revised Code.	58684

(B) At the close of each racing day, each permit holder	58685
authorized to conduct thoroughbred racing, out of the amount	58686
retained on that day by the permit holder, shall pay by check,	58687
draft, or money order to the tax commissioner, as a tax, a sum	58688
equal to the following percentages of the total of all moneys	58689
wagered on live racing programs on that day and shall separately	58690
compute and pay by check, draft, or money order to the tax	58691
commissioner, as a tax, a sum equal to the following percentages	58692
of the total of all money wagered on simulcast racing programs on	58693
that day:	58694

(1) One per cent of the first two hundred thousand dollars	58695
wagered, or any part of that amount;	58696

(2) Two per cent of the next one hundred thousand dollars	58697
wagered, or any part of that amount;	58698

(3) Three per cent of the next one hundred thousand dollars	58699
wagered, or any part of that amount;	58700

(4) Four per cent of all sums over four hundred thousand	58701
dollars wagered.	58702

Except as otherwise provided in section 3769.089 of the	58703
Revised Code, each permit holder authorized to conduct	58704
thoroughbred racing shall use for purse money a sum equal to fifty	58705
per cent of the pari-mutuel revenues retained by the permit holder	58706
as a commission after payment of the state tax. This fifty per	58707
cent payment shall be in addition to the purse distribution from	58708
breakage specified in this section.	58709

Subject to division (M) of this section, from the moneys paid	58710
to the tax commissioner by thoroughbred racing permit holders,	58711
one-half of one per cent of the total of all moneys so wagered on	58712
a racing day shall be paid into the Ohio fairs fund created by	58713
section 3769.082 of the Revised Code, one and one-eighth per cent	58714
of the total of all moneys so wagered on a racing day shall be	58715
paid into the Ohio thoroughbred race fund created by section	58716
3769.083 of the Revised Code, and one-quarter of one per cent of	58717
the total of all moneys wagered on a racing day by each permit	58718
holder shall be paid into the state racing commission operating	58719
fund created by section 3769.03 of the Revised Code. The required	58720
payment to the state racing commission operating fund does not	58721
apply to county and independent fairs and agricultural societies.	58722
The remaining moneys may be retained by the permit holder, except	58723
as provided in this section with respect to the odd cents	58724
redistribution. Amounts paid into the nursing home franchise	58725
permit fee fund pursuant to this section and section 3769.26 of	58726
the Revised Code shall be used solely for the support of the	58727
PASSPORT program as determined in appropriations made by the	58728
general assembly. If the PASSPORT program is abolished, the amount	58729
that would have been paid to the nursing home franchise permit fee	58730
fund under this chapter shall be paid to the general revenue fund	58731
of the state. As used in this chapter, "PASSPORT program" ~~means~~	58732
~~the PASSPORT program created under~~has the same meaning as in	58733
section ~~173.40~~173.51 of the Revised Code.	58734

The total amount paid to the Ohio thoroughbred race fund	58735
under this section and division (A) of section 3769.087 of the	58736
Revised Code shall not exceed by more than six per cent the total	58737
amount paid to this fund under this section and division (A) of	58738
that section during the immediately preceding calendar year.	58739

Each year, the total amount calculated for payment into the	58740
Ohio fairs fund under this division, division (C) of this section,	58741
and division (A) of section 3769.087 of the Revised Code shall be	58742
an amount calculated using the percentages specified in this	58743
division, division (C) of this section, and division (A) of	58744
section 3769.087 of the Revised Code.	58745

A permit holder may contract with a thoroughbred horsemen's	58746
organization for the organization to act as a representative of	58747
all thoroughbred owners and trainers participating in a	58748
horse-racing meeting conducted by the permit holder. A	58749
"thoroughbred horsemen's organization" is any corporation or	58750
association that represents, through membership or otherwise, more	58751
than one-half of the aggregate of all thoroughbred owners and	58752
trainers who were licensed and actively participated in racing	58753
within this state during the preceding calendar year. Except as	58754
otherwise provided in this paragraph, any moneys received by a	58755
thoroughbred horsemen's organization shall be used exclusively for	58756
the benefit of thoroughbred owners and trainers racing in this	58757
state through the administrative purposes of the organization,	58758
benevolent activities on behalf of the horsemen, promotion of the	58759
horsemen's rights and interests, and promotion of equine research.	58760
A thoroughbred horsemen's organization may expend not more than an	58761
aggregate of five per cent of its annual gross receipts, or a	58762
larger amount as approved by the organization, for dues,	58763
assessments, and other payments to all other local, national, or	58764
international organizations having as their primary purposes the	58765
promotion of thoroughbred horse racing, thoroughbred horsemen's	58766
rights, and equine research.	58767

(C) Except as otherwise provided in division (B) of this	58768
section, at the close of each racing day, each permit holder	58769
authorized to conduct harness or quarter horse racing, out of the	58770
amount retained that day by the permit holder, shall pay by check,	58771
draft, or money order to the tax commissioner, as a tax, a sum	58772
equal to the following percentages of the total of all moneys	58773
wagered on live racing programs and shall separately compute and	58774
pay by check, draft, or money order to the tax commissioner, as a	58775
tax, a sum equal to the following percentages of the total of all	58776
money wagered on simulcast racing programs on that day:	58777

(1) One per cent of the first two hundred thousand dollars	58778
wagered, or any part of that amount;	58779

(2) Two per cent of the next one hundred thousand dollars	58780
wagered, or any part of that amount;	58781

(3) Three per cent of the next one hundred thousand dollars	58782
wagered, or any part of that amount;	58783

(4) Four per cent of all sums over four hundred thousand	58784
dollars wagered.	58785

Except as otherwise provided in division (B) and subject to	58786
division (M) of this section, from the moneys paid to the tax	58787
commissioner by permit holders authorized to conduct harness or	58788
quarter horse racing, one-half of one per cent of all moneys	58789
wagered on that racing day shall be paid into the Ohio fairs fund;	58790
from the moneys paid to the tax commissioner by permit holders	58791
authorized to conduct harness racing, five-eighths of one per cent	58792
of all moneys wagered on that racing day shall be paid into the	58793
Ohio standardbred development fund; and from the moneys paid to	58794
the tax commissioner by permit holders authorized to conduct	58795
quarter horse racing, five-eighths of one per cent of all moneys	58796
wagered on that racing day shall be paid into the Ohio quarter	58797
horse development fund.	58798

(D) In addition, subject to division (M) of this section,	58799
beginning on January 1, 1996, from the money paid to the tax	58800
commissioner as a tax under this section and division (A) of	58801
section 3769.087 of the Revised Code by harness horse permit	58802
holders, one-half of one per cent of the amount wagered on a	58803
racing day shall be paid into the Ohio standardbred development	58804
fund. Beginning January 1, 1998, the payment to the Ohio	58805
standardbred development fund required under this division does	58806
not apply to county agricultural societies or independent	58807
agricultural societies.	58808

The total amount paid to the Ohio standardbred development	58809
fund under this division, division (C) of this section, and	58810
division (A) of section 3769.087 of the Revised Code and the total	58811
amount paid to the Ohio quarter horse development fund under this	58812
division and division (A) of that section shall not exceed by more	58813
than six per cent the total amount paid into the fund under this	58814
division, division (C) of this section, and division (A) of	58815
section 3769.087 of the Revised Code in the immediately preceding	58816
calendar year.	58817

(E) Subject to division (M) of this section, from the money	58818
paid as a tax under this chapter by harness and quarter horse	58819
permit holders, one-quarter of one per cent of the total of all	58820
moneys wagered on a racing day by each permit holder shall be paid	58821
into the state racing commission operating fund created by section	58822
3769.03 of the Revised Code. This division does not apply to	58823
county and independent fairs and agricultural societies.	58824

(F) Except as otherwise provided in section 3769.089 of the	58825
Revised Code, each permit holder authorized to conduct harness	58826
racing shall pay to the harness horsemen's purse pool a sum equal	58827
to fifty per cent of the pari-mutuel revenues retained by the	58828
permit holder as a commission after payment of the state tax. This	58829
fifty per cent payment is to be in addition to the purse	58830
distribution from breakage specified in this section.	58831

(G) In addition, each permit holder authorized to conduct	58832
harness racing shall be allowed to retain the odd cents of all	58833
redistribution to be made on all mutual contributions exceeding a	58834
sum equal to the next lowest multiple of ten.	58835

Forty per cent of that portion of that total sum of such odd	58836
cents shall be used by the permit holder for purse money for Ohio	58837
sired, bred, and owned colts, for purse money for Ohio bred	58838
horses, and for increased purse money for horse races. Upon the	58839
formation of the corporation described in section 3769.21 of the	58840
Revised Code to establish a harness horsemen's health and	58841
retirement fund, twenty-five per cent of that portion of that	58842
total sum of odd cents shall be paid at the close of each racing	58843
day by the permit holder to that corporation to establish and fund	58844
the health and retirement fund. Until that corporation is formed,	58845
that twenty-five per cent shall be paid at the close of each	58846
racing day by the permit holder to the tax commissioner or the tax	58847
commissioner's agent in the county seat of the county in which the	58848
permit holder operates race meetings. The remaining thirty-five	58849
per cent of that portion of that total sum of odd cents shall be	58850
retained by the permit holder.	58851

(H) In addition, each permit holder authorized to conduct	58852
thoroughbred racing shall be allowed to retain the odd cents of	58853
all redistribution to be made on all mutuel contributions	58854
exceeding a sum equal to the next lowest multiple of ten. Twenty	58855
per cent of that portion of that total sum of such odd cents shall	58856
be used by the permit holder for increased purse money for horse	58857
races. Upon the formation of the corporation described in section	58858
3769.21 of the Revised Code to establish a thoroughbred horsemen's	58859
health and retirement fund, forty-five per cent of that portion of	58860
that total sum of odd cents shall be paid at the close of each	58861
racing day by the permit holder to that corporation to establish	58862
and fund the health and retirement fund. Until that corporation is	58863
formed, that forty-five per cent shall be paid by the permit	58864
holder to the tax commissioner or the tax commissioner's agent in	58865
the county seat of the county in which the permit holder operates	58866
race meetings, at the close of each racing day. The remaining	58867
thirty-five per cent of that portion of that total sum of odd	58868
cents shall be retained by the permit holder.	58869

(I) In addition, each permit holder authorized to conduct	58870
quarter horse racing shall be allowed to retain the odd cents of	58871
all redistribution to be made on all mutuel contributions	58872
exceeding a sum equal to the next lowest multiple of ten, subject	58873
to a tax of twenty-five per cent on that portion of the total sum	58874
of such odd cents that is in excess of two thousand dollars during	58875
a calendar year, which tax shall be paid at the close of each	58876
racing day by the permit holder to the tax commissioner or the tax	58877
commissioner's agent in the county seat of the county within which	58878
the permit holder operates race meetings. Forty per cent of that	58879
portion of that total sum of such odd cents shall be used by the	58880
permit holder for increased purse money for horse races. The	58881
remaining thirty-five per cent of that portion of that total sum	58882
of odd cents shall be retained by the permit holder.	58883

(J)(1) To encourage the improvement of racing facilities for	58884
the benefit of the public, breeders, and horse owners, and to	58885
increase the revenue to the state from the increase in pari-mutuel	58886
wagering resulting from those improvements, the taxes paid by a	58887
permit holder to the state as provided for in this chapter shall	58888
be reduced by three-fourths of one per cent of the total amount	58889
wagered for those permit holders who make capital improvements to	58890
existing race tracks or construct new race tracks. The percentage	58891
of the reduction that may be taken each racing day shall equal	58892
seventy-five per cent of the taxes levied under divisions (B) and	58893
(C) of this section and section 3769.087 of the Revised Code, and	58894
division (F)(2) of section 3769.26 of the Revised Code, as	58895
applicable, divided by the calculated amount each fund should	58896
receive under divisions (B) and (C) of this section and section	58897
3769.087 of the Revised Code, and division (F)(2) of section	58898
3769.26 of the Revised Code and the reduction provided for in this	58899
division. If the resulting percentage is less than one, that	58900
percentage shall be multiplied by the amount of the reduction	58901
provided for in this division. Otherwise, the permit holder shall	58902
receive the full reduction provided for in this division. The	58903
amount of the allowable reduction not received shall be carried	58904
forward and applied against future tax liability. After any	58905
reductions expire, any reduction carried forward shall be treated	58906
as a reduction as provided for in this division.	58907

If more than one permit holder is authorized to conduct	58908
racing at the facility that is being built or improved, the cost	58909
of the new race track or capital improvement shall be allocated	58910
between or among all the permit holders in the ratio that the	58911
permit holders' number of racing days bears to the total number of	58912
racing days conducted at the facility.	58913

A reduction for a new race track or a capital improvement	58914
shall start from the day racing is first conducted following the	58915
date actual construction of the new race track or each capital	58916
improvement is completed and the construction cost has been	58917
approved by the racing commission, unless otherwise provided in	58918
this section. A reduction for a new race track or a capital	58919
improvement shall continue for a period of twenty-five years for	58920
new race tracks and for fifteen years for capital improvements if	58921
the construction of the capital improvement or new race track	58922
commenced prior to March 29, 1988, and for a period of ten years	58923
for new race tracks or capital improvements if the construction of	58924
the capital improvement or new race track commenced on or after	58925
March 29, 1988, but before June 6, 2001, or until the total tax	58926
reduction reaches seventy per cent of the approved cost of the new	58927
race track or capital improvement, as allocated to each permit	58928
holder, whichever occurs first. A reduction for a new race track	58929
or a capital improvement approved after June 6, 2001, shall	58930
continue until the total tax reduction reaches one hundred per	58931
cent of the approved cost of the new race track or capital	58932
improvement, as allocated to each permit holder.	58933

A reduction granted for a new race track or a capital	58934
improvement, the application for which was approved by the racing	58935
commission after March 29, 1988, but before June 6, 2001, shall	58936
not commence nor shall the ten-year period begin to run until all	58937
prior tax reductions with respect to the same race track have	58938
ended. The total tax reduction because of capital improvements	58939
shall not during any one year exceed for all permit holders using	58940
any one track three-fourths of one per cent of the total amount	58941
wagered, regardless of the number of capital improvements made.	58942
Several capital improvements to a race track may be consolidated	58943
in an application if the racing commission approved the	58944
application prior to March 29, 1988. No permit holder may receive	58945
a tax reduction for a capital improvement approved by the racing	58946
commission on or after March 29, 1988, at a race track until all	58947
tax reductions have ended for all prior capital improvements	58948
approved by the racing commission under this section or section	58949
3769.20 of the Revised Code at that race track. If there are two	58950
or more permit holders operating meetings at the same track, they	58951
may consolidate their applications. The racing commission shall	58952
notify the tax commissioner when the reduction of tax begins and	58953
when it ends.	58954

Each fiscal year the racing commission shall submit a report	58955
to the tax commissioner, the office of budget and management, and	58956
the legislative service commission. The report shall identify each	58957
capital improvement project undertaken under this division and in	58958
progress at each race track, indicate the total cost of each	58959
project, state the tax reduction that resulted from each project	58960
during the immediately preceding fiscal year, estimate the tax	58961
reduction that will result from each project during the current	58962
fiscal year, state the total tax reduction that resulted from all	58963
such projects at all race tracks during the immediately preceding	58964
fiscal year, and estimate the total tax reduction that will result	58965
from all such projects at all race tracks during the current	58966
fiscal year.	58967

(2) In order to qualify for the reduction in tax, a permit	58968
holder shall apply to the racing commission in such form as the	58969
commission may require and shall provide full details of the new	58970
race track or capital improvement, including a schedule for its	58971
construction and completion, and set forth the costs and expenses	58972
incurred in connection with it. The racing commission shall not	58973
approve an application unless the permit holder shows that a	58974
contract for the new race track or capital improvement has been	58975
let under an unrestricted competitive bidding procedure, unless	58976
the contract is exempted by the controlling board because of its	58977
unusual nature. In determining whether to approve an application,	58978
the racing commission shall consider whether the new race track or	58979
capital improvement will promote the safety, convenience, and	58980
comfort of the racing public and horse owners and generally tend	58981
towards the improvement of racing in this state.	58982

(3) If a new race track or capital improvement is approved by	58983
the racing commission and construction has started, the tax	58984
reduction may be authorized by the commission upon presentation of	58985
copies of paid bills in excess of one hundred thousand dollars or	58986
ten per cent of the approved cost, whichever is greater. After the	58987
initial authorization, the permit holder shall present copies of	58988
paid bills. If the permit holder is in substantial compliance with	58989
the schedule for construction and completion of the new race track	58990
or capital improvement, the racing commission may authorize the	58991
continuation of the tax reduction upon the presentation of the	58992
additional paid bills. The total amount of the tax reduction	58993
authorized shall not exceed the percentage of the approved cost of	58994
the new race track or capital improvement specified in division	58995
(J)(1) of this section. The racing commission may terminate any	58996
tax reduction immediately if a permit holder fails to complete the	58997
new race track or capital improvement, or to substantially comply	58998
with the schedule for construction and completion of the new race	58999
track or capital improvement. If a permit holder fails to complete	59000
a new race track or capital improvement, the racing commission	59001
shall order the permit holder to repay to the state the total	59002
amount of tax reduced. The normal tax paid by the permit holder	59003
shall be increased by three-fourths of one per cent of the total	59004
amount wagered until the total amount of the additional tax	59005
collected equals the total amount of tax reduced.	59006

(4) As used in this section:

59007

(a) "Capital improvement" means an addition, replacement, or	59008
remodeling of a structural unit of a race track facility costing	59009
at least one hundred thousand dollars, including, but not limited	59010
to, the construction of barns used exclusively for the race track	59011
facility, backstretch facilities for horsemen, paddock facilities,	59012
new pari-mutuel and totalizator equipment and appurtenances to	59013
that equipment purchased by the track, new access roads, new	59014
parking areas, the complete reconstruction, reshaping, and	59015
leveling of the racing surface and appurtenances, the installation	59016
of permanent new heating or air conditioning, roof replacement or	59017
restoration, installations of a permanent nature forming a part of	59018
the track structure, and construction of buildings that are	59019
located on a permit holder's premises. "Capital improvement" does	59020
not include the cost of replacement of equipment that is not	59021
permanently installed, ordinary repairs, painting, and maintenance	59022
required to keep a race track facility in ordinary operating	59023
condition.	59024

(b) "New race track" includes the reconstruction of a race	59025
track damaged by fire or other cause that has been declared by the	59026
racing commission, as a result of the damage, to be an inadequate	59027
facility for the safe operation of horse racing.	59028

(c) "Approved cost" includes all debt service and interest	59029
costs that are associated with a capital improvement or new race	59030
track and that the racing commission approves for a tax reduction	59031
under division (J) of this section.	59032

(5) The racing commission shall not approve an application	59033
for a tax reduction under this section if it has reasonable cause	59034
to believe that the actions or negligence of the permit holder	59035
substantially contributed to the damage suffered by the track due	59036
to fire or other cause. The racing commission shall obtain any	59037
data or information available from a fire marshal, law enforcement	59038
official, or insurance company concerning any fire or other damage	59039
suffered by a track, prior to approving an application for a tax	59040
reduction.	59041

(6) The approved cost to which a tax reduction applies shall	59042
be determined by generally accepted accounting principles and	59043
verified by an audit of the permit holder's records upon	59044
completion of the project by the racing commission, or by an	59045
independent certified public accountant selected by the permit	59046
holder and approved by the commission.	59047

(K) No other license or excise tax or fee, except as provided	59048
in sections 3769.01 to 3769.14 of the Revised Code, shall be	59049
assessed or collected from such licensee by any county, township,	59050
district, municipal corporation, or other body having power to	59051
assess or collect a tax or fee. That portion of the tax paid under	59052
this section by permit holders for racing conducted at and during	59053
the course of an agricultural exposition or fair, and that portion	59054
of the tax that would have been paid by eligible permit holders	59055
into the nursing home franchise permit fee fund as a result of	59056
racing conducted at and during the course of an agricultural	59057
exposition or fair, shall be deposited into the state treasury to	59058
the credit of the horse racing tax fund, which is hereby created	59059
for the use of the agricultural societies of the several counties	59060
in which the taxes originate. The state racing commission shall	59061
determine eligible permit holders for purposes of the preceding	59062
sentence, taking into account the breed of horse, the racing	59063
dates, the geographic proximity to the fair, and the best	59064
interests of Ohio racing. On the first day of any month on which	59065
there is money in the fund, the tax commissioner shall provide for	59066
payment to the treasurer of each agricultural society the amount	59067
of the taxes collected under this section upon racing conducted at	59068
and during the course of any exposition or fair conducted by the	59069
society.	59070

(L) From the tax paid under this section by harness track	59071
permit holders, the tax commissioner shall pay into the Ohio	59072
thoroughbred race fund a sum equal to a percentage of the amount	59073
wagered upon which the tax is paid. The percentage shall be	59074
determined by the tax commissioner and shall be rounded to the	59075
nearest one-hundredth. The percentage shall be such that, when	59076
multiplied by the amount wagered upon which tax was paid by the	59077
harness track permit holders in the most recent year for which	59078
final figures are available, it results in a sum that	59079
substantially equals the same amount of tax paid by the tax	59080
commissioner during that year into the Ohio fairs fund from taxes	59081
paid by thoroughbred permit holders. This division does not apply	59082
to county and independent fairs and agricultural societies.	59083

(M) Twenty-five per cent of the taxes levied on thoroughbred	59084
racing permit holders, harness racing permit holders, and quarter	59085
horse racing permit holders under this section, division (A) of	59086
section 3769.087 of the Revised Code, and division (F)(2) of	59087
section 3769.26 of the Revised Code shall be paid into the nursing	59088
home franchise permit fee fund. The tax commissioner shall pay any	59089
money remaining, after the payment into the nursing home franchise	59090
permit fee fund and the reductions provided for in division (J) of	59091
this section and in section 3769.20 of the Revised Code, into the	59092
Ohio fairs fund, Ohio thoroughbred race fund, Ohio standardbred	59093
development fund, Ohio quarter horse fund, and state racing	59094
commission operating fund as prescribed in this section and	59095
division (A) of section 3769.087 of the Revised Code. The tax	59096
commissioner shall thereafter use and apply the balance of the	59097
money paid as a tax by any permit holder to cover any shortage in	59098
the accounts of such funds resulting from an insufficient payment	59099
as a tax by any other permit holder. The moneys received by the	59100
tax commissioner shall be deposited weekly and paid by the tax	59101
commissioner into the funds to cover the total aggregate amount	59102
due from all permit holders to the funds, as calculated under this	59103
section and division (A) of section 3769.087 of the Revised Code,	59104
as applicable. If, after the payment into the nursing home	59105
franchise permit fee fund, sufficient funds are not available from	59106
the tax deposited by the tax commissioner to pay the required	59107
amounts into the Ohio fairs fund, Ohio standardbred development	59108
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	59109
the state racing commission operating fund, the tax commissioner	59110
shall prorate on a proportional basis the amount paid to each of	59111
the funds. Any shortage to the funds as a result of a proration	59112
shall be applied against future deposits for the same calendar	59113
year when funds are available. After this application, the tax	59114
commissioner shall pay any remaining money paid as a tax by all	59115
permit holders into the nursing home franchise permit fee fund.	59116
This division does not apply to permit holders conducting racing	59117
at the course of an agricultural exposition or fair as described	59118
in division (K) of this section.	59119

Sec. 3769.087. (A) In addition to the commission of eighteen	59120
per cent retained by each permit holder as provided in section	59121
3769.08 of the Revised Code, each permit holder shall retain an	59122
additional amount equal to four per cent of the total of all	59123
moneys wagered on each racing day on all wagering pools other than	59124
win, place, and show, of which amount retained an amount equal to	59125
three per cent of the total of all moneys wagered on each racing	59126
day on those pools shall be paid by check, draft, or money order	59127
to the tax commissioner, as a tax. Subject to the restrictions	59128
contained in divisions (B), (C), and (M) of section 3769.08 of the	59129
Revised Code, from such additional moneys paid to the tax	59130
commissioner:	59131

(1) Four-sixths shall be allocated to fund distribution as	59132
provided in division (M) of section 3769.08 of the Revised Code.	59133

(2) One-twelfth shall be paid into the Ohio fairs fund	59134
created by section 3769.082 of the Revised Code.	59135

(3) One-twelfth of the additional moneys paid to the tax	59136
commissioner by thoroughbred racing permit holders shall be paid	59137
into the Ohio thoroughbred race fund created by section 3769.083	59138
of the Revised Code.	59139

(4) One-twelfth of the additional moneys paid to the tax	59140
commissioner by harness horse racing permit holders shall be paid	59141
to the Ohio standardbred development fund created by section	59142
3769.085 of the Revised Code.	59143

(5) One-twelfth of the additional moneys paid to the tax	59144
commissioner by quarter horse racing permit holders shall be paid	59145
to the Ohio quarter horse development fund created by section	59146
3769.086 of the Revised Code.	59147

(6) One-sixth shall be paid into the state racing commission	59148
operating fund created by section 3769.03 of the Revised Code.	59149

The remaining one per cent that is retained of the total of	59150
all moneys wagered on each racing day on all pools other than win,	59151
place, and show, shall be retained by racing permit holders, and,	59152
except as otherwise provided in section 3769.089 of the Revised	59153
Code, racing permit holders shall use one-half for purse money and	59154
retain one-half.	59155

(B) In addition to the commission of eighteen per cent	59156
retained by each permit holder as provided in section 3769.08 of	59157
the Revised Code and the additional amount retained by each permit	59158
holder as provided in division (A) of this section, each permit	59159
holder shall retain an additional amount equal to one-half of one	59160
per cent of the total of all moneys wagered on each racing day on	59161
all wagering pools other than win, place, and show. The additional	59162
amount retained under this division shall be paid by check, draft,	59163
or money order to the tax commissioner, as a tax. The tax	59164
commissioner shall pay the amount of the tax received under this	59165
division to the state racing commission operating fund created by	59166
section 3769.03 of the Revised Code.	59167

(C) Unless otherwise agreed to by the video lottery sales	59168
agent and the applicable horsemen's association recognized by the	59169
state racing commission to represent such persons, the state	59170
racing commission may direct through rule that a percentage of the	59171
lottery sales agent's commission as determined by the state	59172
lottery commission for conducting video lottery terminal gaming on	59173
behalf of the state be paid to the state racing commission for the	59174
benefit of breeding and racing in this state. The percentage so	59175
determined shall not be less than nine per cent or more than	59176
eleven per cent of the video lottery terminal income. The	59177
aggregate of one hundred per cent of video lottery terminal income	59178
minus the lottery sales agent's commission percentage as	59179
determined by the state lottery commission plus the percentage of	59180
the lottery sale agent's commission, as determined by the state	59181
racing commission or otherwise agreed to by the video lottery	59182
sales agent and the applicable horsemen's association recognized	59183
by the state racing commission to represent such persons, for the	59184
benefit of breeding and racing in this state plus the percentage	59185
dispersed to the state lottery commission to provide funding	59186
support to appropriate state agencies for programs that provide	59187
for gambling addiction and other related addiction services as	59188
prescribed by the state lottery commission shall not exceed	59189
forty-five per cent of the video lottery terminal income. In	59190
~~addition, beginning~~	59191

By July 1, 2013, the state lottery commission shall adopt a	59192
rule to require the lottery sales agent conducting video lottery	59193
terminal gaming on behalf of the state to disperse to the state	59194
lottery commission one-half of one per cent of such a lottery	59195
sales agent's commission for the purpose of providing funding	59196
support to appropriate state agencies for programs that provide	59197
for gambling addiction and other related addiction services. The	59198
state lottery commission's rule also may require the lottery sales	59199
agent conducting video lottery terminal gaming on behalf of the	59200
state to disperse to the state lottery commission an additional	59201
amount up to one-half of one per cent of such a lottery sales	59202
agent's commission for that purpose.	59203

Sec. 3769.088. (A) If any permit holder required by this	59204
chapter to pay the taxes levied by sections 3769.08, 3769.087,	59205
3769.26, and 3769.28 of the Revised Code fails to pay the taxes,	59206
the tax commissioner may make an assessment against the permit	59207
holder based upon any information in the commissioner's	59208
possession.	59209

A penalty of up to fifteen per cent may be added to the	59210
amount of every assessment made under this section. The	59211
commissioner may adopt rules providing for the imposition and	59212
remission of penalties added to assessments made under this	59213
section.	59214

The commissioner shall give the party assessed written notice	59215
of the assessment in the manner provided in section 5703.37 of the	59216
Revised Code. With the notice, the commissioner shall provide	59217
instructions on how to petition for reassessment and request a	59218
hearing on the petition.	59219

(B) Unless the party assessed files with the tax commissioner	59220
within sixty days after service of the notice of assessment,	59221
either personally or by certified mail, a written petition for	59222
reassessment signed by the party assessed or that party's	59223
authorized agent having knowledge of the facts, the assessment	59224
becomes final and the amount of the assessment is due and payable	59225
from the party assessed to the commissioner. The petition shall	59226
indicate the objections of the party assessed, but additional	59227
objections may be raised in writing if received by the	59228
commissioner prior to the date shown on the final determination.	59229
If the petition has been properly filed, the commissioner shall	59230
proceed under section 5703.60 of the Revised Code.	59231

(C) After an assessment becomes final, if any portion of the	59232
assessment remains unpaid, including accrued interest, a certified	59233
copy of the tax commissioner's entry making the assessment final	59234
may be filed in the office of the clerk of the court of common	59235
pleas in the county in which the place, track, or enclosure for	59236
which the permit was issued is located or the county in which the	59237
party assessed resides or has its principal place of business. If	59238
the party assessed maintains no place of business in this state	59239
and is not a resident of this state, the certified copy of the	59240
entry may be filed in the office of the clerk of the court of	59241
common pleas of Franklin county.	59242

Immediately upon the filing of the entry, the clerk shall	59243
enter a judgment for the state against the party assessed in the	59244
amount shown on the entry. The judgment may be filed by the clerk	59245
in a loose-leaf book entitled "special judgments for state horse	59246
racing tax," and shall have the same effect as other judgments.	59247
Execution shall issue upon the judgment upon the request of the	59248
tax commissioner, and all laws applicable to sales on execution	59249
shall apply to sales made under the judgment.	59250

~~The portion of~~If the assessment is not paid in its entirety	59251
within sixty days after the day the assessment was issued, the	59252
portion of the assessment consisting of tax due shall bear	59253
interest at the rate per annum prescribed by section 5703.47 of	59254
the Revised Code from the day the tax commissioner issues the	59255
assessment until the day the assessment is paid or until it is	59256
certified to the attorney general for collection under section	59257
131.02 of the Revised Code, whichever comes first. If the unpaid	59258
portion of the assessment is certified to the attorney general for	59259
collection, the entire unpaid portion of the assessment shall bear	59260
interest at the rate per annum prescribed by section 5703.47 of	59261
the Revised Code from the date of certification until the date it	59262
is paid in its entirety. Interest shall be paid in the same manner	59263
as the tax and may be collected by the issuance of an assessment	59264
under this section.	59265

(D) All money collected by the tax commissioner under this	59266
section shall be treated as revenue arising from the taxes imposed	59267
by sections 3769.08, 3769.087, 3769.26, and 3769.28 of the Revised	59268
Code.	59269

Sec. 3770.01. (A) There is hereby created the state lottery	59270
commission consisting of nine members appointed by the governor	59271
with the advice and consent of the senate. No more than five	59272
members of the commission shall be members of the same political	59273
party. Of the additional and new appointments made to the	59274
commission pursuant to the amendment of August 1, 1980, three	59275
shall be for terms ending August 1, 1981, three shall be for terms	59276
ending August 1, 1982, and three shall be for terms ending August	59277
1, 1983. Thereafter, terms of office shall be for three years,	59278
each term ending on the same day of the same month of the year as	59279
did the term which it succeeds.	59280

(B) Each member shall hold office from the date of	59281
appointment until the end of the term for which the member was	59282
appointed. Any member appointed to fill a vacancy occurring prior	59283
to the expiration of the term for which the member's predecessor	59284
was appointed shall hold office for the remainder of that term.	59285
Any member shall continue in office subsequent to the expiration	59286
date of the member's term until the member's successor takes	59287
office, or until a period of sixty days has elapsed, whichever	59288
occurs first.	59289

(C) All members of the commission shall be citizens of the	59290
United States and residents of this state. The members of the	59291
commission shall represent the various geographic regions of the	59292
state. No member of the commission shall have any pecuniary	59293
interest in any contract or license awarded by the commission. One	59294
person appointed as a member of the commission shall ~~represent an~~	59295
~~organization that deals with~~have experience or training in the	59296
areas of problem gambling ~~and assists~~or other addictions and	59297
assistance to recovering gambling or other addicts. Each person	59298
appointed as a member of the commission, except the member	59299
appointed as ~~a representative of an organization that deals with~~	59300
having experience or training in the area of problem gambling ~~and~~	59301
~~assists recovering gambling addicts~~or other addictions, shall	59302
have prior experience or education in business administration,	59303
management, sales, marketing, or advertising.	59304

(D) The commission shall elect annually one of its members to	59305
serve as chairperson for a term of one year. Election as	59306
chairperson shall not extend a member's appointive term. Each	59307
member of the commission shall receive an annual salary of five	59308
thousand dollars, payable in monthly installments. Each member of	59309
the commission also shall receive the member's actual and	59310
necessary expenses incurred in the discharge of the member's	59311
official duties.	59312

(E) Each member of the commission, before entering upon the	59313
discharge of the member's official duties, shall give a bond,	59314
payable to the treasurer of state, in the sum of ten thousand	59315
dollars with sufficient sureties to be approved by the treasurer	59316
of state, which bond shall be filed with the secretary of state.	59317

(F) The governor may remove any member of the commission for	59318
malfeasance, misfeasance, or nonfeasance in office, giving the	59319
member a copy of the charges against the member and affording the	59320
member an opportunity to be publicly heard in person or by counsel	59321
in the member's own defense upon not less than ten days' notice.	59322
If the member is removed, the governor shall file in the office of	59323
the secretary of state a complete statement of all charges made	59324
against the member and the governor's finding on the charges,	59325
together with a complete report of the proceedings, and the	59326
governor's decision on the charges is final.	59327

(G) The commission shall maintain offices at locations in the	59328
state as it may consider necessary for the efficient performance	59329
of its functions. The director shall maintain an office in	59330
Columbus to coordinate the activities of the state lottery	59331
commission with other state departments.	59332

Sec. 3770.02. (A) Subject to the advice and consent of the	59333
senate, the governor shall appoint a director of the state lottery	59334
commission who shall serve at the pleasure of the governor. The	59335
director shall devote full time to the duties of the office and	59336
shall hold no other office or employment. The director shall meet	59337
all requirements for appointment as a member of the commission and	59338
shall, by experience and training, possess management skills that	59339
equip the director to administer an enterprise of the nature of a	59340
state lottery. The director shall receive an annual salary in	59341
accordance with pay range 48 of section 124.152 of the Revised	59342
Code.	59343

(B)(1) The director shall attend all meetings of the	59344
commission and shall act as its secretary. The director shall keep	59345
a record of all commission proceedings and shall keep the	59346
commission's records, files, and documents at the commission's	59347
principal office. All records of the commission's meetings shall	59348
be available for inspection by any member of the public, upon a	59349
showing of good cause and prior notification to the director.	59350

(2) The director shall be the commission's executive officer	59351
and shall be responsible for keeping all commission records and	59352
supervising and administering the state lottery in accordance with	59353
this chapter, and carrying out all commission rules adopted under	59354
section 3770.03 of the Revised Code.	59355

(C)(1) The director shall appoint an assistant director,	59356
deputy directors of marketing, operations, sales, finance, public	59357
relations, security, and administration, and as many regional	59358
managers as are required. The director may also appoint necessary	59359
professional, technical, and clerical assistants. All such	59360
officers and employees shall be appointed and compensated pursuant	59361
to Chapter 124. of the Revised Code. Regional and assistant	59362
regional managers, sales representatives, and any lottery	59363
executive account representatives shall remain in the unclassified	59364
service.	59365

(2) The director, in consultation with the director of	59366
administrative services, may establish standards of proficiency	59367
and productivity for commission field representatives.	59368

(D) The director shall request the bureau of criminal	59369
identification and investigation, the department of public safety,	59370
or any other state, local, or federal agency to supply the	59371
director with the criminal records of any job applicant and may	59372
periodically request the criminal records of commission employees.	59373
At or prior to the time of making such a request, the director	59374
shall require a job applicant or commission employee to obtain	59375
fingerprint cards prescribed by the superintendent of the bureau	59376
of criminal identification and investigation at a qualified law	59377
enforcement agency, and the director shall cause these fingerprint	59378
cards to be forwarded to the bureau of criminal identification and	59379
investigation and the federal bureau of investigation. The	59380
commission shall assume the cost of obtaining the fingerprint	59381
cards and shall pay to each agency supplying criminal records for	59382
each investigation under this division a reasonable fee, as	59383
determined by the agency.	59384

(E) The director shall license lottery sales agents pursuant	59385
to section 3770.05 of the Revised Code and, when it is considered	59386
necessary, may revoke or suspend the license of any lottery sales	59387
agent. The director may license video lottery technology	59388
providers, independent testing laboratories, and gaming employees,	59389
and promulgate rules relating thereto. When the director considers	59390
it necessary, the director may suspend or revoke the license of a	59391
video lottery technology provider, independent testing laboratory,	59392
or gaming employee, including suspension or revocation without	59393
affording an opportunity for a prior hearing under section 119.07	59394
of the Revised Code when the public safety, convenience, or trust	59395
requires immediate action.	59396

(F) The director shall confer at least once each month with	59397
the commission, at which time the director shall advise it	59398
regarding the operation and administration of the lottery. The	59399
director shall make available at the request of the commission all	59400
documents, files, and other records pertaining to the operation	59401
and administration of the lottery. The director shall prepare and	59402
make available to the commission each month a complete and	59403
accurate accounting of lottery revenues, prize money disbursements	59404
and the cost of goods and services awarded as prizes, operating	59405
expenses, and all other relevant financial information, including	59406
an accounting of all transfers made from any lottery funds in the	59407
custody of the treasurer of state to benefit education.	59408

(G) The director may enter into contracts for the operation	59409
or promotion of the lottery pursuant to Chapter 125. of the	59410
Revised Code.	59411

(H)(1) Pursuant to rules adopted by the commission under	59412
section 3770.03 of the Revised Code, the director shall require	59413
any lottery sales agents to ~~either mail directly to the commission~~	59414
or deposit to the credit of the state lottery fund, in banking	59415
institutions designated by the treasurer of state, net proceeds	59416
due the commission as determined by the director~~, and to file with~~	59417
~~the director or the director's designee reports of their receipts~~	59418
~~and transactions in the sale of lottery tickets in the form~~	59419
~~required by the director~~.	59420

(2) Pursuant to rules adopted by the commission under Chapter	59421
119. of the Revised Code, the director may impose penalties for	59422
the failure of a sales agent to transfer funds to the commission	59423
in a timely manner. Penalties may include monetary penalties,	59424
immediate suspension or revocation of a license, or any other	59425
penalty the commission adopts by rule.	59426

(I) The director may arrange for any person, or any banking	59427
institution, to perform functions and services in connection with	59428
the operation of the lottery as the director may consider	59429
necessary to carry out this chapter.	59430

(J)(1) As used in this chapter, "statewide joint lottery	59431
game" means a lottery game that the commission sells solely within	59432
this state under an agreement with other lottery jurisdictions to	59433
sell the same lottery game solely within their statewide or other	59434
jurisdictional boundaries.	59435

(2) If the governor directs the director to do so, the	59436
director shall enter into an agreement with other lottery	59437
jurisdictions to conduct statewide joint lottery games. If the	59438
governor signs the agreement personally or by means of an	59439
authenticating officer pursuant to section 107.15 of the Revised	59440
Code, the director then may conduct statewide joint lottery games	59441
under the agreement.	59442

(3) The entire net proceeds from any statewide joint lottery	59443
games shall be used to fund elementary, secondary, vocational, and	59444
special education programs in this state.	59445

(4) The commission shall conduct any statewide joint lottery	59446
games in accordance with rules it adopts under division (B)(5) of	59447
section 3770.03 of the Revised Code.	59448

(K)(1) The director shall enter into an agreement with the	59449
department of ~~alcohol and drug addiction services~~mental health	59450
and addiction services under which the department shall provide a	59451
program of gambling addiction services on behalf of the	59452
commission. The commission shall pay the costs of the program	59453
provided pursuant to the agreement.	59454

(2) As used in this section, "gambling addiction services"	59455
has the same meaning as in section ~~3793.01~~5119.01 of the Revised	59456
Code.	59457

Sec. 3770.06. (A) There is hereby created the state lottery	59458
gross revenue fund, which shall be in the custody of the treasurer	59459
of state but shall not be part of the state treasury. All gross	59460
revenues received from sales of lottery tickets, fines, fees, and	59461
related proceeds in connection with the statewide lottery and all	59462
gross proceeds from statewide joint lottery games shall be	59463
deposited into the fund. The treasurer of state shall invest any	59464
portion of the fund not needed for immediate use in the same	59465
manner as, and subject to all provisions of law with respect to	59466
the investment of, state funds. The treasurer of state shall	59467
disburse money from the fund on order of the director of the state	59468
lottery commission or the director's designee.	59469

Except for gross proceeds from statewide joint lottery games,	59470
all revenues of the state lottery gross revenue fund that are not	59471
paid to holders of winning lottery tickets, that are not required	59472
to meet short-term prize liabilities, that are not credited to	59473
lottery sales agents in the form of bonuses, commissions, or	59474
reimbursements, that are not paid to financial institutions to	59475
reimburse those institutions for sales agent nonsufficient funds,	59476
and that are collected from sales agents for remittance to	59477
insurers under contract to provide sales agent bonding services	59478
shall be transferred to the state lottery fund, which is hereby	59479
created in the state treasury. In addition, all revenues of the	59480
state lottery gross revenue fund that represent the gross proceeds	59481
from the statewide joint lottery games and that are not paid to	59482
holders of winning lottery tickets, that are not required to meet	59483
short-term prize liabilities, that are not credited to lottery	59484
sales agents in the form of bonuses, commissions, or	59485
reimbursements, and that are not necessary to cover operating	59486
expenses associated with those games or to otherwise comply with	59487
the agreements signed by the governor that the director enters	59488
into under division (J) of section 3770.02 of the Revised Code or	59489
the rules the commission adopts under division (B)(5) of section	59490
3770.03 of the Revised Code shall be transferred to the state	59491
lottery fund. All investment earnings of the fund shall be	59492
credited to the fund. Moneys shall be disbursed from the fund	59493
pursuant to vouchers approved by the director. Total disbursements	59494
for monetary prize awards to holders of winning lottery tickets in	59495
connection with the statewide lottery and purchases of goods and	59496
services awarded as prizes to holders of winning lottery tickets	59497
shall be of an amount equal to at least fifty per cent of the	59498
total revenue accruing from the sale of lottery tickets.	59499

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	59500
there is hereby established in the state treasury the lottery	59501
profits education fund. Whenever, in the judgment of the director	59502
of the state lottery commission, the amount to the credit of the	59503
state lottery fund that does not represent proceeds from statewide	59504
joint lottery games is in excess of that needed to meet the	59505
maturing obligations of the commission and as working capital for	59506
its further operations, the director of the state lottery	59507
commission shall recommend the amount of the excess to be	59508
transferred to the lottery profits education fund, and the	59509
director of budget and management may transfer the excess to the	59510
lottery profits education fund in connection with the statewide	59511
lottery. In addition, whenever, in the judgment of the director of	59512
the state lottery commission, the amount to the credit of the	59513
state lottery fund that represents proceeds from statewide joint	59514
lottery games equals the entire net proceeds of those games as	59515
described in division (B)(5) of section 3770.03 of the Revised	59516
Code and the rules adopted under that division, the director of	59517
the state lottery commission shall recommend the amount of the	59518
proceeds to be transferred to the lottery profits education fund,	59519
and the director of budget and management may transfer those	59520
proceeds to the lottery profits education fund. Investment	59521
earnings of the lottery profits education fund shall be credited	59522
to the fund.	59523

The lottery profits education fund shall be used solely for	59524
the support of elementary, secondary, vocational, and special	59525
education programs as determined in appropriations made by the	59526
general assembly, or as provided in applicable bond proceedings	59527
for the payment of debt service on obligations issued to pay costs	59528
of capital facilities, including those for a system of common	59529
schools throughout the state pursuant to section 2n of Article	59530
VIII, Ohio Constitution. When determining the availability of	59531
money in the lottery profits education fund, the director of	59532
budget and management may consider all balances and estimated	59533
revenues of the fund.	59534

(C) There is hereby established in the state treasury the	59535
deferred prizes trust fund. With the approval of the director of	59536
budget and management, an amount sufficient to fund annuity prizes	59537
shall be transferred from the state lottery fund and credited to	59538
the trust fund. The treasurer of state shall credit all earnings	59539
arising from investments purchased under this division to the	59540
trust fund. Within sixty days after the end of each fiscal year,	59541
the treasurer of state shall certify to the director of budget and	59542
management whether the actuarial amount of the trust fund is	59543
sufficient over the fund's life for continued funding of all	59544
remaining deferred prize liabilities as of the last day of the	59545
fiscal year just ended. Also, within that sixty days, the director	59546
of budget and management shall certify the amount of investment	59547
earnings necessary to have been credited to the trust fund during	59548
the fiscal year just ending to provide for such continued funding	59549
of deferred prizes. Any earnings credited in excess of the latter	59550
certified amount shall be transferred to the lottery profits	59551
education fund.	59552

To provide all or a part of the amounts necessary to fund	59553
deferred prizes awarded by the commission in connection with the	59554
statewide lottery, the treasurer of state, in consultation with	59555
the commission, may invest moneys contained in the deferred prizes	59556
trust fund which represents proceeds from the statewide lottery in	59557
obligations of the type permitted for the investment of state	59558
funds but whose maturities are thirty years or less.	59559
Notwithstanding the requirements of any other section of the	59560
Revised Code, to provide all or part of the amounts necessary to	59561
fund deferred prizes awarded by the commission in connection with	59562
statewide joint lottery games, the treasurer of state, in	59563
consultation with the commission, may invest moneys in the trust	59564
fund which represent proceeds derived from the statewide joint	59565
lottery games in accordance with the rules the commission adopts	59566
under division (B)(5) of section 3770.03 of the Revised Code.	59567
Investments of the trust fund are not subject to the provisions of	59568
division (A)(10) of section 135.143 of the Revised Code limiting	59569
to twenty-five per cent the amount of the state's total average	59570
portfolio that may be invested in debt interests and limiting to	59571
one-half of one per cent the amount that may be invested in debt	59572
interests of a single issuer.	59573

All purchases made under this division shall be effected on a	59574
delivery versus payment method and shall be in the custody of the	59575
treasurer of state.	59576

The treasurer of state may retain an investment advisor, if	59577
necessary. The commission shall pay any costs incurred by the	59578
treasurer of state in retaining an investment advisor.	59579

(D) The auditor of state shall conduct annual audits of all	59580
funds and any other audits as the auditor of state or the general	59581
assembly considers necessary. The auditor of state may examine all	59582
records, files, and other documents of the commission, and records	59583
of lottery sales agents that pertain to their activities as	59584
agents, for purposes of conducting authorized audits.	59585

(E) The state lottery commission shall establish an internal	59586
audit ~~program~~plan before the beginning of each fiscal year,	59587
subject to the approval of the ~~auditor~~office of ~~state~~internal	59588
audit in the office of budget and management. At the end of each	59589
fiscal year, the commission shall prepare and submit an annual	59590
report to the ~~auditor~~office of ~~state~~internal audit for the	59591
~~auditor of state's~~office's review and approval, specifying the	59592
internal audit work completed by the end of that fiscal year and	59593
reporting on compliance with the annual internal audit ~~program.~~	59594
~~The form and content of the report shall be prescribed by the~~	59595
~~auditor of state under division (C) of section 117.20 of the~~	59596
~~Revised Code~~plan.	59597

~~(E)~~(F) Whenever, in the judgment of the director of budget	59598
and management, an amount of net state lottery proceeds is	59599
necessary to be applied to the payment of debt service on	59600
obligations, all as defined in sections 151.01 and 151.03 of the	59601
Revised Code, the director shall transfer that amount directly	59602
from the state lottery fund or from the lottery profits education	59603
fund to the bond service fund defined in those sections. The	59604
provisions of this division are subject to any prior pledges or	59605
obligation of those amounts to the payment of bond service charges	59606
as defined in division (C) of section 3318.21 of the Revised Code,	59607
as referred to in division (B) of this section.	59608

Sec. 3772.03. (A) To ensure the integrity of casino gaming,	59609
the commission shall have authority to complete the functions of	59610
licensing, regulating, investigating, and penalizing casino	59611
operators, management companies, holding companies, key employees,	59612
casino gaming employees, and gaming-related vendors. The	59613
commission also shall have jurisdiction over all persons	59614
participating in casino gaming authorized by Section 6(C) of	59615
Article XV, Ohio Constitution, and this chapter.	59616

(B) All rules adopted by the commission under this chapter	59617
shall be adopted under procedures established in Chapter 119. of	59618
the Revised Code. The commission may contract for the services of	59619
experts and consultants to assist the commission in carrying out	59620
its duties under this section.	59621

(C) Within six months of September 10, 2010, the commission	59622
shall adopt initial rules as are necessary for completing the	59623
functions stated in division (A) of this section and for	59624
addressing the subjects enumerated in division (D) of this	59625
section.	59626

(D) The commission shall adopt, and as advisable and	59627
necessary shall amend or repeal, rules that include all of the	59628
following:	59629

(1) The prevention of practices detrimental to the public	59630
interest;	59631

(2) Prescribing the method of applying, and the form of	59632
application, that an applicant for a license under this chapter	59633
must follow as otherwise described in this chapter;	59634

(3) Prescribing the information to be furnished by an	59635
applicant or licensee as described in section 3772.11 of the	59636
Revised Code;	59637

(4) Describing the certification standards and duties of an	59638
independent testing laboratory certified under section 3772.31 of	59639
the Revised Code and the relationship between the commission, the	59640
laboratory, the gaming-related vendor, and the casino operator;	59641

(5) The minimum amount of insurance that must be maintained	59642
by a casino operator, management company, holding company, or	59643
gaming-related vendor;	59644

(6) The approval process for ~~a significant~~any change in	59645
~~ownership~~ or transfer of control of a ~~licensee~~casino operator as	59646
provided in section 3772.091 of the Revised Code;	59647

(7) The design of gaming supplies, devices, and equipment to	59648
be distributed by gaming-related vendors;	59649

(8) Identifying the casino gaming that is permitted,	59650
identifying the gaming supplies, devices, and equipment, that are	59651
permitted, defining the area in which the permitted casino gaming	59652
may be conducted, and specifying the method of operation according	59653
to which the permitted casino gaming is to be conducted as	59654
provided in section 3772.20 of the Revised Code, and requiring	59655
gaming devices and equipment to meet the standards of this state;	59656

(9) Tournament play in any casino facility;

59657

(10) Establishing and implementing a voluntary exclusion	59658
program that provides all of the following:	59659

(a) Except as provided by commission rule, a person who	59660
participates in the program shall agree to refrain from entering a	59661
casino facility.	59662

(b) The name of a person participating in the program shall	59663
be included on a list of persons excluded from all casino	59664
facilities.	59665

(c) Except as provided by commission rule, no person who	59666
participates in the program shall petition the commission for	59667
admittance into a casino facility.	59668

(d) The list of persons participating in the program and the	59669
personal information of those persons shall be confidential and	59670
shall only be disseminated by the commission to a casino operator	59671
and the agents and employees of the casino operator for purposes	59672
of enforcement and to other entities, upon request of the	59673
participant and agreement by the commission.	59674

(e) A casino operator shall make all reasonable attempts as	59675
determined by the commission to cease all direct marketing efforts	59676
to a person participating in the program.	59677

(f) A casino operator shall not cash the check of a person	59678
participating in the program or extend credit to the person in any	59679
manner. However, the program shall not exclude a casino operator	59680
from seeking the payment of a debt accrued by a person before	59681
participating in the program.	59682

(g) Any and all locations at which a person may register as a	59683
participant in the program shall be published.	59684

(11) Requiring the commission to adopt standards regarding	59685
the marketing materials of a licensed casino operator, including	59686
allowing the commission to prohibit marketing materials that are	59687
contrary to the adopted standards;	59688

(12) Requiring that the records, including financial	59689
statements, of any casino operator, management company, holding	59690
company, and gaming-related vendor be maintained in the manner	59691
prescribed by the commission and made available for inspection	59692
upon demand by the commission, but shall be subject to section	59693
3772.16 of the Revised Code;	59694

(13) Permitting a licensed casino operator, management	59695
company, key employee, or casino gaming employee to question a	59696
person suspected of violating this chapter;	59697

(14) The chips, tokens, tickets, electronic cards, or similar	59698
objects that may be purchased by means of an agreement under which	59699
credit is extended to a wagerer by a casino operator;	59700

(15) Establishing standards for provisional key employee	59701
licenses for a person who is required to be licensed as a key	59702
employee and is in exigent circumstances and standards for	59703
provisional licenses for casino gaming employees who submit	59704
complete applications and are compliant under an instant	59705
background check. A provisional license shall be valid not longer	59706
than three months. A provisional license may be renewed one time,	59707
at the commission's discretion, for an additional three months. In	59708
establishing standards with regard to instant background checks	59709
the commission shall take notice of criminal records checks as	59710
they are conducted under section 311.41 of the Revised Code using	59711
electronic fingerprint reading devices.	59712

(16) Establishing approval procedures for third-party	59713
engineering or accounting firms, as described in section 3772.09	59714
of the Revised Code;	59715

(17) Prescribing the manner in which winnings, compensation	59716
from casino gaming, and gross revenue must be computed and	59717
reported by a licensee as described in Chapter 5753. of the	59718
Revised Code;	59719

(18) Prescribing conditions under which a licensee's license	59720
may be suspended or revoked as described in section 3772.04 of the	59721
Revised Code;	59722

(19) Prescribing the manner and procedure of all hearings to	59723
be conducted by the commission or by any hearing examiner;	59724

(20) Prescribing technical standards and requirements that	59725
are to be met by security and surveillance equipment that is used	59726
at and standards and requirements to be met by personnel who are	59727
employed at casino facilities, and standards and requirements for	59728
the provision of security at and surveillance of casino	59729
facilities;	59730

(21) Prescribing requirements for a casino operator to	59731
provide unarmed security services at a casino facility by licensed	59732
casino employees, and the training that shall be completed by	59733
these employees;	59734

(22) Prescribing standards according to which casino	59735
operators shall keep accounts and standards according to which	59736
casino accounts shall be audited, and establish means of assisting	59737
the tax commissioner in levying and collecting the gross casino	59738
revenue tax levied under section 5753.02 of the Revised Code;	59739

(23) Defining penalties for violation of commission rules and	59740
a process for imposing such penalties subject to the review of the	59741
joint committee on gaming and wagering;	59742

(24) Establishing standards for decertifying contractors that	59743
violate statutes or rules of this state or the federal government;	59744

(25) Establishing standards for the repair of casino gaming	59745
equipment;	59746

(26) Establishing procedures to ensure that casino operators,	59747
management companies, and holding companies are compliant with the	59748
compulsive and problem gambling plan submitted under section	59749
3772.18 of the Revised Code;	59750

(27) Prescribing, for institutional investors in or holding	59751
companies of a casino operator, management company, holding	59752
company, or gaming-related vendor that fall below the threshold	59753
needed to be considered an institutional investor or a holding	59754
company, standards regarding what any employees, members, or	59755
owners of those investors or holding companies may do and shall	59756
not do in relation to casino facilities and casino gaming in this	59757
state, which standards shall rationally relate to the need to	59758
proscribe conduct that is inconsistent with passive institutional	59759
investment status;	59760

(28) Providing for any other thing necessary and proper for	59761
successful and efficient regulation of casino gaming under this	59762
chapter.	59763

(E) The commission shall employ and assign gaming agents as	59764
necessary to assist the commission in carrying out the duties of	59765
this chapter. In order to maintain employment as a gaming agent,	59766
the gaming agent shall successfully complete all continuing	59767
training programs required by the commission and shall not have	59768
been convicted of or pleaded guilty or no contest to a	59769
disqualifying offense as defined in section 3772.07 of the Revised	59770
Code.	59771

(F) The commission, as a law enforcement agency, and its	59772
gaming agents, as law enforcement officers as defined in section	59773
2901.01 of the Revised Code, shall have authority with regard to	59774
the detection and investigation of, the seizure of evidence	59775
allegedly relating to, and the apprehension and arrest of persons	59776
allegedly committing gaming offenses, and shall have access to	59777
casino facilities to carry out the requirements of this chapter.	59778

(G) The commission may eject or exclude or authorize the	59779
ejection or exclusion of and a gaming agent may eject a person	59780
from a casino facility for any of the following reasons:	59781

(1) The person's name is on the list of persons voluntarily	59782
excluding themselves from all casinos in a program established	59783
according to rules adopted by the commission;	59784

(2) The person violates or conspires to violate this chapter	59785
or a rule adopted thereunder; or	59786

(3) The commission determines that the person's conduct or	59787
reputation is such that the person's presence within a casino	59788
facility may call into question the honesty and integrity of the	59789
casino gaming operations or interfere with the orderly conduct of	59790
the casino gaming operations.	59791

(H) A person, other than a person participating in a	59792
voluntary exclusion program, may petition the commission for a	59793
public hearing on the person's ejection or exclusion under this	59794
chapter.	59795

(I) A casino operator or management company shall have the	59796
same authority to eject or exclude a person from the management	59797
company's casino facilities as authorized in division (G) of this	59798
section. The licensee shall immediately notify the commission of	59799
an ejection or exclusion.	59800

(J) The commission shall submit a written annual report with	59801
the governor, president and minority leader of the senate, speaker	59802
and minority leader of the house of representatives, and joint	59803
committee on gaming and wagering before the first day of September	59804
each year. The annual report shall include a statement describing	59805
the receipts and disbursements of the commission, relevant	59806
financial data regarding casino gaming, including gross revenues	59807
and disbursements made under this chapter, actions taken by the	59808
commission, an update on casino operators', management companies',	59809
and holding companies' compulsive and problem gambling plans and	59810
the voluntary exclusion program and list, and any additional	59811
information that the commission considers useful or that the	59812
governor, president or minority leader of the senate, speaker or	59813
minority leader of the house of representatives, or joint	59814
committee on gaming and wagering requests.	59815

(K) Notwithstanding any law to the contrary, beginning on	59816
July 1, 2011, the commission shall assume jurisdiction over and	59817
oversee the regulation of skill-based amusement machines as is	59818
provided in the law of this state.	59819

Sec. 3772.062. (A) The executive director of the commission	59820
shall enter into an agreement with the department of ~~alcohol and~~	59821
~~drug addiction services~~mental health and addiction services under	59822
which the department provides a program of gambling and addiction	59823
services on behalf of the commission.	59824

(B) The executive director of the commission, in conjunction	59825
with the department of ~~alcohol and drug addiction services~~mental	59826
health and addiction services and the state lottery commission,	59827
shall establish, operate, and publicize an in-state, toll-free	59828
telephone number Ohio residents may call to obtain basic	59829
information about problem gambling, the gambling addiction	59830
services available to problem gamblers, and how a problem gambler	59831
may obtain help. The telephone number shall be staffed twenty-four	59832
hours per day, seven days a week, to respond to inquiries and	59833
provide that information. The costs of establishing, operating,	59834
and publicizing the telephone number shall be paid for with money	59835
in the problem casino gambling and addictions fund.	59836

Sec. 3772.091. (A) NoA casino operator license issued under	59837
this chapter is transferable, subject to approval by the	59838
commission. ~~Except as provided in division (B) of this section,~~	59839
~~new majority ownership interest or~~Any change or transfer of	59840
control of a ~~licensee~~casino operator shall require ~~a new license~~	59841
commission approval. ~~The commission may reopen a licensing~~	59842
~~investigation at any time. A significant~~Any change in or transfer	59843
of control of a casino operator, as determined by the commission,	59844
shall require the filing of an application for ~~a new~~transferring	59845
the casino operator license and submission of ~~a license~~an	59846
application fee with the commission before any such change or	59847
transfer of control ismay be approved. ~~A change in or transfer of~~	59848
~~control to an immediate family member is not considered a~~	59849
~~significant change under this section~~Additionally, the commission	59850
may assess an applicant a reasonable fee in the amount necessary	59851
to review the application for the transfer of a casino operator	59852
license to the applicant. In determining whether to approve the	59853
transfer of a casino operator license to the applicant, the	59854
commission shall consider all the factors established in this	59855
chapter that pertain to the granting of a casino operator license.	59856
The commission may reopen a licensing investigation at any time.	59857

(B) ~~An initial license shall not be considered transferred,~~	59858
~~and a new license shall not be required, when an initial licensee~~	59859
~~that is licensed before June 1, 2013, does or has done both of the~~	59860
~~following:~~	59861

~~(1) Obtains a majority ownership interest in, or a change in~~	59862
~~or transfer of control of, another initial licensee for the same~~	59863
~~casino facility; and~~	59864

~~(2) Was investigated under this chapter as a parent,~~	59865
~~affiliate, subsidiary, key employee, or partner, or joint venturer~~	59866
~~with another initial licensee that has held for the same casino~~	59867
~~facility a majority ownership interest in or control of the~~	59868
~~initial license when the initial license was issued and when such~~	59869
~~an initial licensee obtains a majority ownership interest in or a~~	59870
~~change in or transfer of control.~~	59871

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

59872

~~(1) "Control"~~, "control" means either of the following:

59873

~~(a)~~(1) Either:

59874

~~(i)~~(a) Holding fifty per cent or more of the outstanding	59875
voting securities of a licensee; or	59876

~~(ii)~~(b) For an unincorporated licensee, having the right to	59877
fifty per cent or more of the profits of the licensee, or having	59878
the right in the event of dissolution to fifty per cent or more of	59879
the assets of the licensee.	59880

~~(b)~~(2) Having the contractual power presently to designate	59881
fifty per cent or more of the directors of a for-profit or	59882
not-for-profit corporation, or in the case of trusts described in	59883
paragraphs (c)(3) to (5) of 16 C.F.R. 801.1, the trustees of such	59884
a trust.	59885

~~(2) "Initial license" means the first plenary license issued~~	59886
~~to an initial licensee.~~	59887

~~(3) "Initial licensee" means any of the persons issued an~~	59888
~~initial license to conduct or participate in conducting casino~~	59889
~~gaming at each casino facility as either a casino operator, a~~	59890
~~management company, or a holding company of a casino operator or~~	59891
~~management company.~~	59892

Sec. 3781.112. (A) As used in this section, "secured	59893
facility" means any of the following:	59894

(1) A maternity unit, newborn care nursery, or maternity home	59895
licensed under Chapter 3711. of the Revised Code;	59896

(2) A pediatric intensive care unit subject to rules adopted	59897
by the director of health pursuant to section 3702.11 of the	59898
Revised Code;	59899

(3) A children's hospital, as defined in section 3727.01 of	59900
the Revised Code;	59901

(4) A hospital that is licensed under section ~~5119.20~~5119.33	59902
of the Revised Code to receive mentally ill persons;	59903

(5) The portion of a nursing home licensed under section	59904
3721.02 of the Revised Code or in accordance with section 3721.09	59905
of the Revised Code in which specialized care is provided to	59906
residents of the nursing home who have physical or mental	59907
conditions that require a resident to be restricted in the	59908
resident's freedom of movement for the health and safety of the	59909
resident, the staff attending the resident, or the general public.	59910

(B) A secured facility may take reasonable steps in	59911
accordance with rules the board of building standards adopts under	59912
division (A) of section 3781.10 of the Revised Code and in	59913
accordance with the state fire code the fire marshal adopts under	59914
section 3737.82 of the Revised Code, to deny egress to confine and	59915
protect patients or residents of the secured facility who are not	59916
capable of self-preservation. A secured facility that wishes to	59917
deny egress to those patients or residents may use delayed-egress	59918
doors and electronically coded doors to deny egress, on the	59919
condition that those doors are installed and used in accordance	59920
with rules the board of building standards adopts under division	59921
(A) of section 3781.10 of the Revised Code and in accordance with	59922
the state fire code the fire marshal adopts under section 3737.82	59923
of the Revised Code. A secured facility also may install	59924
controlled-egress locks, in compliance with rules the board of	59925
building standards adopts under division (A) of section 3781.10 of	59926
the Revised Code and in compliance with the state fire code the	59927
fire marshal adopts under section 3737.82 of the Revised Code, in	59928
areas of the secured facility where patients or residents who have	59929
physical or mental conditions that would endanger the patients or	59930
residents, the staff attending the patients or residents, or the	59931
general public if those patients or residents are not restricted	59932
in their freedom of movement. A secured facility that uses	59933
delayed-egress doors and electronically coded doors,	59934
controlled-egress locks, or both, shall do both of the following:	59935

(1) Provide continuous, twenty-four-hour custodial care to	59936
the patients or residents of the facility;	59937

(2) Establish a system to evacuate patients or residents in	59938
the event of fire or other emergency.	59939

Sec. 3795.01. As used in sections 3795.01, 3795.02, and	59940
3795.03 of the Revised Code:	59941

(A) "Assist suicide" or "assisting suicide" means knowingly	59942
doing either of the following, with the purpose of helping another	59943
person to commit or attempt suicide:	59944

(1) Providing the physical means by which the person commits	59945
or attempts to commit suicide;	59946

(2) Participating in a physical act by which the person	59947
commits or attempts to commit suicide.	59948

(B) "Certified nurse practitioner," "certified	59949
nurse-midwife," and "clinical nurse specialist" have the same	59950
meanings as in section 4723.01 of the Revised Code.	59951

(C) "CPR" has the same meaning as in section 2133.21 of the	59952
Revised Code.	59953

(D) "Health care" means any care, treatment, service, or	59954
procedure to maintain, diagnose, or treat a person's physical or	59955
mental condition.	59956

(E) "Health care decision" means informed consent, refusal to	59957
give informed consent, or withdrawal of informed consent to health	59958
care.	59959

(F) "Health care facility" means any of the following:

59960

(1) A hospital;

59961

(2) A hospice care program or pediatric respite care program	59962
as defined in section 3712.01 of the Revised Code;	59963

(3) A nursing home;

59964

(4) A home health agency;

59965

(5) An intermediate care facility for ~~the mentally retarded~~	59966
individuals with intellectual disabilities.	59967

(G) "Health care personnel" means physicians, nurses,	59968
physician assistants, emergency medical technicians-basic,	59969
emergency medical technicians-intermediate, emergency medical	59970
technicians-paramedic, medical technicians, dietitians, other	59971
authorized persons acting under the direction of an attending	59972
physician, and administrators of health care facilities.	59973

(H) "Physician" means a person who is authorized under	59974
Chapter 4731. of the Revised Code to practice medicine and surgery	59975
or osteopathic medicine and surgery.	59976

Sec. 3798.01. As used in this chapter:

59977

(A) "Administrative safeguards," "physical safeguards," and	59978
"technical safeguards" have the same meanings as in 45 C.F.R.	59979
164.304.	59980

(B) "Approved health information exchange" means a health	59981
information exchange that has been approved or reapproved by the	59982
director of job and family services pursuant to the approval or	59983
reapproval process, as applicable, the director establishes in	59984
rules adopted under division (A) of section 3798.15 of the Revised	59985
Code or that has been certified by the office of the national	59986
coordinator for health information technology in the United States	59987
department of health and human services.	59988

(C) "Covered entity," "disclosure," "health care provider,"	59989
"health information," "individually identifiable health	59990
information," "protected health information," and "use" have the	59991
same meanings as in 45 C.F.R. 160.103.	59992

(D) "Designated record set" has the same meaning as in 45	59993
C.F.R. 164.501.	59994

(E) "Direct exchange" means the activity of electronic	59995
transmission of health information through a direct connection	59996
between the electronic record systems of health care providers	59997
without the use of a health information exchange.	59998

(F) "Health care component" and "hybrid entity" have the same	59999
meanings as in 45 C.F.R. 164.103.	60000

(G) "Health information exchange" means any person or	60001
governmental entity that provides in this state a technical	60002
infrastructure to connect computer systems or other electronic	60003
devices used by covered entities to facilitate the secure	60004
transmission of health information. "Health information exchange"	60005
excludes health care providers engaged in direct exchange,	60006
including direct exchange through the use of a health information	60007
service provider.	60008

(H) "HIPAA privacy rule" means the standards for privacy of	60009
individually identifiable health information in 45 C.F.R. part 160	60010
and in 45 C.F.R. part 164, subparts A and E.	60011

(I) "Interoperability" means the capacity of two or more	60012
information systems to exchange information in an accurate,	60013
effective, secure, and consistent manner.	60014

(J) "Minor" means an unemancipated person under eighteen	60015
years of age or a mentally or physically disabled person under	60016
twenty-one years of age who meets criteria specified in rules	60017
adopted by the director of job and family services under section	60018
3798.13 of the Revised Code.	60019

(K) "More stringent" has the same meaning as in 45 C.F.R.	60020
160.202.	60021

(L) "Office of health transformation" means the office of	60022
health transformation created by executive order 2011-02K or a	60023
successor governmental entity responsible for health system	60024
oversight in this state.	60025

(M) "Personal representative" means a person who has	60026
authority under applicable law to make decisions related to health	60027
care on behalf of an adult or emancipated minor, or the parent,	60028
legal guardian, or other person acting in loco parentis who is	60029
authorized under law to make health care decisions on behalf of an	60030
unemancipated minor. "Personal representative" does not include	60031
the parent or legal guardian of, or another person acting in loco	60032
parentis to, a minor who consents to the minor's own receipt of	60033
health care or a minor who makes medical decisions on the minor's	60034
own behalf pursuant to law, court approval, or because the minor's	60035
parent, legal guardian, or other person acting in loco parentis	60036
has assented to an agreement of confidentiality between the	60037
provider and the minor.	60038

(N) "Political subdivision" means a municipal corporation,	60039
township, county, school district, or other body corporate and	60040
politic responsible for governmental activities in a geographic	60041
area smaller than that of the state.	60042

(O) "State agency" means any one or more of the following:

60043

(1) The department of aging;

60044

(2) The department of ~~alcohol and drug addiction services~~	60045
mental health and addiction services;	60046

(3) The department of developmental disabilities;

60047

(4) The department of education;

60048

(5) The department of health;

60049

(6) The department of insurance;

60050

(7) The department of job and family services;

60051

(8) The department of ~~mental health~~medicaid;

60052

(9) The department of rehabilitation and correction;

60053

(10) The department of youth services;

60054

(11) The bureau of workers' compensation;

60055

(12) The ~~rehabilitation services commission~~opportunities for	60056
Ohioans with disabilities agency;	60057

(13) The office of the attorney general;

60058

(14) A health care licensing board created under Title XLVII	60059
of the Revised Code that possesses individually identifiable	60060
health information.	60061

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	60062
the Revised Code do not apply to the following:	60063

(A) Policies offering coverage that is regulated under	60064
Chapters 3935. and 3937. of the Revised Code;	60065

(B) An employer's self-insurance plan and any of its	60066
administrators, as defined in section 3959.01 of the Revised Code,	60067
to the extent that federal law supersedes, preempts, prohibits, or	60068
otherwise precludes the application of any provisions of those	60069
sections to the plan and its administrators;	60070

(C) A third-party payer for coverage provided under the	60071
medicare advantage program operated under Title XVIII of the	60072
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	60073
amended;	60074

(D) A third-party payer for coverage provided under the	60075
medicaid program ~~operated under Title XIX of the "Social Security~~	60076
~~Act~~," except that if a federal waiver applied for under section	60077
~~5111.178~~5167.25 of the Revised Code is granted or the medicaid	60078
director ~~of job and family services~~ determines that this provision	60079
can be implemented without a waiver, sections 3901.38 and 3901.381	60080
to 3901.3813 of the Revised Code apply to claims submitted	60081
electronically or non-electronically that are made with respect to	60082
coverage of medicaid recipients by health insuring corporations	60083
licensed under Chapter 1751. of the Revised Code, instead of the	60084
prompt payment requirements of 42 C.F.R. 447.46;	60085

(E) A third-party payer for coverage provided under the	60086
tricare program offered by the United States department of	60087
defense.	60088

Sec. 3905.40. There shall be paid to the superintendent of	60089
insurance the following fees:	60090

(A) Each insurance company doing business in this state shall	60091
pay:	60092

(1) For filing a copy of its charter or deed of settlement,	60093
two hundred fifty dollars;	60094

(2) For filing each statement, one hundred seventy-five	60095
dollars;	60096

(3) For each certificate of authority or license, one hundred	60097
seventy-five, and for each certified copy thereof, five dollars;	60098

(4) For each copy of a paper filed in the superintendent's	60099
office, twenty cents per page;	60100

(5) For issuing certificates of deposits or certified copies	60101
thereof, five dollars for the first certificate or copy and one	60102
dollar for each additional certificate or copy;	60103

(6) For issuing certificates of compliance or certified	60104
copies thereof, sixty dollars;	60105

(7) For affixing the seal of office and certifying documents,	60106
other than those enumerated herein, two dollars;	60107

(8) For each agent appointment and each annual renewal of an	60108
agent appointment, not more than twenty dollars;	60109

~~(9) For each termination of an agent appointment, five~~	60110
~~dollars~~.	60111

(B) Each domestic life insurance company doing business in	60112
this state shall pay for annual valuation of its policies, one	60113
cent on every one thousand dollars of insurance.	60114

(C) Each applicant for licensure as an insurance agent except	60115
applicants for licensure as surety bail bond agents, surplus line	60116
brokers, and portable electronics insurance vendors shall pay ten	60117
dollars for each line of authority requested. Fees collected under	60118
this division shall be credited to the department of insurance	60119
operating fund created in section 3901.021 of the Revised Code.	60120

(D) Each domestic mutual life insurance company shall pay for	60121
verifying that any amendment to its articles of incorporation was	60122
regularly adopted, two hundred fifty dollars with each application	60123
for verification. Any such amendment shall be considered to have	60124
been regularly adopted when approved by the affirmative vote of	60125
two-thirds of the policyholders present in person or by proxy at	60126
any annual meeting of policyholders or at a special meeting of	60127
policyholders called for that purpose.	60128

(E) Each insurance agent doing business in this state shall	60129
pay a biennial license renewal fee of twenty-five dollars, except	60130
the following insurance agents are not required to pay that	60131
license renewal fee:	60132

(1) Individual resident agents who have met their continuing	60133
education requirements under section 3905.481 of the Revised Code;	60134

(2) Surety bail bond agents;

60135

(3) Surplus line brokers;

60136

(4) Portable electronics insurance vendors.

60137

(F) Each applicant for licensure as a portable electronics	60138
insurance vendor with a portable electronics insurance limited	60139
lines license and each licensed vendor doing business in this	60140
state shall pay the following fees prescribed by the	60141
superintendent:	60142

(1) For vendors engaged in portable electronic transactions	60143
at more than ten locations in this state, an application fee not	60144
to exceed five thousand dollars for an initial license and a	60145
biennial license renewal fee not to exceed two thousand five	60146
hundred dollars for each renewal thereafter;	60147

(2) For vendors engaged in portable electronic transactions	60148
at ten or fewer locations in this state, an application fee not to	60149
exceed three thousand dollars for an initial license and a	60150
biennial license renewal fee not to exceed one thousand dollars	60151
for each renewal thereafter.	60152

(G) All fees collected by the superintendent under this	60153
section except any fees collected under divisions (A)(2), (3), and	60154
(6) of this section shall be credited to the department of	60155
insurance operating fund created under section 3901.021 of the	60156
Revised Code.	60157

Sec. 3905.862. Upon the expiration or cancellation of a	60158
surety bail bond agent's appointment, the agent shall not engage	60159
or attempt to engage in any activity requiring such an	60160
appointment. However, an insurer that cancels the appointment of a	60161
surety bail bond agent may authorize the agent to continue to	60162
attempt the arrest and surrender of a defendant for whom a bail	60163
bond had been written prior to the cancellation and to seek	60164
discharge of forfeitures and judgments.	60165

~~An insurer that cancels the appointment of a surety bail bond~~	60166
~~agent or allows that appointment to expire shall pay to the~~	60167
~~superintendent of insurance a fee pursuant to division (A)(9) of~~	60168
~~section 3905.40 of the Revised Code.~~	60169

Sec. 3923.281. (A) As used in this section:

60170

(1) "Biologically based mental illness" means schizophrenia,	60171
schizoaffective disorder, major depressive disorder, bipolar	60172
disorder, paranoia and other psychotic disorders,	60173
obsessive-compulsive disorder, and panic disorder, as these terms	60174
are defined in the most recent edition of the diagnostic and	60175
statistical manual of mental disorders published by the American	60176
psychiatric association.	60177

(2) "Policy of sickness and accident insurance" has the same	60178
meaning as in section 3923.01 of the Revised Code, but excludes	60179
any hospital indemnity, medicare supplement, long-term care,	60180
disability income, one-time-limited-duration policy of not longer	60181
than six months, supplemental benefit, or other policy that	60182
provides coverage for specific diseases or accidents only; any	60183
policy that provides coverage for workers' compensation claims	60184
compensable pursuant to Chapters 4121. and 4123. of the Revised	60185
Code; and any policy that provides coverage to ~~beneficiaries~~	60186
~~enrolled in Title XIX of the "Social Security Act," 49 Stat. 620~~	60187
~~(1935), 42 U.S.C.A. 301, as amended, known as the medical~~	60188
~~assistance program or~~ medicaid~~, as provided by the Ohio department~~	60189
~~of job and family services under Chapter 5111. of the Revised Code~~	60190
recipients.	60191

(B) Notwithstanding section 3901.71 of the Revised Code, and	60192
subject to division (E) of this section, every policy of sickness	60193
and accident insurance shall provide benefits for the diagnosis	60194
and treatment of biologically based mental illnesses on the same	60195
terms and conditions as, and shall provide benefits no less	60196
extensive than, those provided under the policy of sickness and	60197
accident insurance for the treatment and diagnosis of all other	60198
physical diseases and disorders, if both of the following apply:	60199

(1) The biologically based mental illness is clinically	60200
diagnosed by a physician authorized under Chapter 4731. of the	60201
Revised Code to practice medicine and surgery or osteopathic	60202
medicine and surgery; a psychologist licensed under Chapter 4732.	60203
of the Revised Code; a professional clinical counselor,	60204
professional counselor, or independent social worker licensed	60205
under Chapter 4757. of the Revised Code; or a clinical nurse	60206
specialist licensed under Chapter 4723. of the Revised Code whose	60207
nursing specialty is mental health.	60208

(2) The prescribed treatment is not experimental or	60209
investigational, having proven its clinical effectiveness in	60210
accordance with generally accepted medical standards.	60211

(C) Division (B) of this section applies to all coverages and	60212
terms and conditions of the policy of sickness and accident	60213
insurance, including, but not limited to, coverage of inpatient	60214
hospital services, outpatient services, and medication; maximum	60215
lifetime benefits; copayments; and individual and family	60216
deductibles.	60217

(D) Nothing in this section shall be construed as prohibiting	60218
a sickness and accident insurance company from taking any of the	60219
following actions:	60220

(1) Negotiating separately with mental health care providers	60221
with regard to reimbursement rates and the delivery of health care	60222
services;	60223

(2) Offering policies that provide benefits solely for the	60224
diagnosis and treatment of biologically based mental illnesses;	60225

(3) Managing the provision of benefits for the diagnosis or	60226
treatment of biologically based mental illnesses through the use	60227
of pre-admission screening, by requiring beneficiaries to obtain	60228
authorization prior to treatment, or through the use of any other	60229
mechanism designed to limit coverage to that treatment determined	60230
to be necessary;	60231

(4) Enforcing the terms and conditions of a policy of	60232
sickness and accident insurance.	60233

(E) An insurer that offers any policy of sickness and	60234
accident insurance is not required to provide benefits for the	60235
diagnosis and treatment of biologically based mental illnesses	60236
pursuant to division (B) of this section if all of the following	60237
apply:	60238

(1) The insurer submits documentation certified by an	60239
independent member of the American academy of actuaries to the	60240
superintendent of insurance showing that incurred claims for	60241
diagnostic and treatment services for biologically based mental	60242
illnesses for a period of at least six months independently caused	60243
the insurer's costs for claims and administrative expenses for the	60244
coverage of all other physical diseases and disorders to increase	60245
by more than one per cent per year.	60246

(2) The insurer submits a signed letter from an independent	60247
member of the American academy of actuaries to the superintendent	60248
of insurance opining that the increase described in division	60249
(E)(1) of this section could reasonably justify an increase of	60250
more than one per cent in the annual premiums or rates charged by	60251
the insurer for the coverage of all other physical diseases and	60252
disorders.	60253

(3) The superintendent of insurance makes the following	60254
determinations from the documentation and opinion submitted	60255
pursuant to divisions (E)(1) and (2) of this section:	60256

(a) Incurred claims for diagnostic and treatment services for	60257
biologically based mental illnesses for a period of at least six	60258
months independently caused the insurer's costs for claims and	60259
administrative expenses for the coverage of all other physical	60260
diseases and disorders to increase by more than one per cent per	60261
year.	60262

(b) The increase in costs reasonably justifies an increase of	60263
more than one per cent in the annual premiums or rates charged by	60264
the insurer for the coverage of all other physical diseases and	60265
disorders.	60266

Any determination made by the superintendent under this	60267
division is subject to Chapter 119. of the Revised Code.	60268

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	60269
negotiate long-term care insurance on or after September 1, 2008,	60270
without completing an initial eight-hour partnership program	60271
training course as described in division (B) of this section.	60272

(2)(a) Any agent that sells, solicits, or negotiates any	60273
long-term care insurance shall complete at least four hours of	60274
continuing education in every twenty-four-month period commencing	60275
on the first day of January of the year immediately following the	60276
year of the issuance of the agent's license.	60277

(b) No agent shall fail to complete the continuing education	60278
requirements in division (A)(2)(a) of this section in the	60279
twenty-four-month period described in that division.	60280

(B) The initial training course and continuing education	60281
required under division (A) of this section may be approved by the	60282
superintendent of insurance as continuing education courses under	60283
sections 3905.481 to 3905.486 of the Revised Code and shall	60284
consist of combined topics related to long-term care insurance,	60285
long-term care services, and state long-term care insurance	60286
partnership programs, including all of the following:	60287

(1) State and federal regulations and requirements and the	60288
relationship between state long-term care insurance partnership	60289
programs and other public and private coverage of long-term care	60290
services, including medicaid;	60291

(2) Available long-term care services and providers;

60292

(3) Changes or improvements in long-term care services or	60293
providers;	60294

(4) Alternatives to the purchase of private long-term care	60295
insurance;	60296

(5) The effect of inflation on benefits and the importance of	60297
inflation protection;	60298

(6) Consumer suitability standards and guidelines;

60299

(7) Any other topics required by the superintendent.

60300

(C) The initial training and continuing education required by	60301
division (A) of this section shall not include training that is	60302
specific to a particular insurer or company product or that	60303
includes any sales or marketing information, materials, or	60304
training other than those required by state or federal law.	60305

(D) A resident agent shall satisfy the training and	60306
continuing education required by division (A) of this section by	60307
completing long-term care courses that are approved by the	60308
superintendent. A nonresident agent may satisfy the training and	60309
continuing education required by division (A) of this section by	60310
completing the training requirements in any other state, provided	60311
that the course is approved for credit by the insurance department	60312
of that state prior to the agent taking the course.	60313

(E) Each insurer shall obtain records of the initial training	60314
and continuing education completed by agents of that insurer	60315
pursuant to division (A) of this section as well as the training	60316
completed by the insurer's agents concerning the distribution of	60317
the insurer's partnership program policies and shall make those	60318
records available to the superintendent upon request.	60319

(F) Each insurer shall maintain records with respect to the	60320
training of its agents concerning the distribution of the	60321
insurer's partnership program policies. Each insurer shall provide	60322
documentation to the superintendent that will allow the	60323
superintendent to provide assurance to the medicaid director of	60324
~~job and family services~~ that agents have received the training	60325
required by this section and that agents have demonstrated an	60326
understanding of the partnership program policies and their	60327
relationship to public and private coverage of long-term care in	60328
this state, including medicaid. The superintendent may audit each	60329
insurer's records annually to verify that the insurer is	60330
maintaining the records required by this division. The	60331
superintendent shall make the records provided to the	60332
superintendent pursuant to division (E) of this section available	60333
to the director.	60334

Sec. 3923.49. The department of insurance shall establish an	60335
outreach program to educate consumers about the following:	60336

(A) The need for long-term care insurance;

60337

(B) Mechanisms for financing long-term care;

60338

60339

(D) The resource protection provided by the Ohio long-term	60340
care insurance program under section ~~5111.18~~5164.86 of the	60341
Revised Code;	60342

(E) That a consumer who purchased a long-term care insurance	60343
policy that does not meet the requirements of section 3923.50 of	60344
the Revised Code may purchase a policy that meets those	60345
requirements.	60346

The department shall develop and make available to consumers	60347
information to assist them in choosing long-term care insurance	60348
coverage.	60349

Sec. 3923.50. For the purposes of the Ohio long-term care	60350
insurance program established under section ~~5111.18~~5164.86 of the	60351
Revised Code, the department of insurance shall notify the	60352
department of ~~job and family services~~medicaid of all long-term	60353
care insurance policies that meet all of the following	60354
requirements:	60355

(A) Comply with sections 3923.41 to 3923.48 of the Revised	60356
Code and the rules adopted under section 3923.47 of the Revised	60357
Code;	60358

(B) Provide benefits for home and community-based services in	60359
addition to nursing home care;	60360

(C) Include case management services in its coverage of home	60361
and community-based services;	60362

(D) Provide five per cent inflation protection compounded	60363
annually;	60364

(E) Provide for the keeping of records and	60365
explanation-of-benefit reports on insurance payments that count	60366
toward resource exclusion for the ~~medical assistance~~medicaid	60367
program;	60368

(F) Provide the information the medicaid director ~~of job and~~	60369
~~family services~~ determines is necessary to document the extent of	60370
resource exclusion and to evaluate the Ohio long-term care	60371
insurance program;	60372

(G) Comply with other requirements established in rules	60373
adopted under this section.	60374

The superintendent of insurance shall adopt rules in	60375
accordance with Chapter 119. of the Revised Code establishing	60376
requirements under division (G) of this section that policies must	60377
meet to qualify under the Ohio long-term care insurance program.	60378
The superintendent shall consult with the departments of aging and	60379
~~job and family services~~medicaid in adopting those rules.	60380

Sec. 3923.601. (A)(1) This section applies to both of the	60381
following:	60382

(a) A sickness and accident insurer that issues or requires	60383
the use of a standardized identification card or an electronic	60384
technology for submission and routing of prescription drug claims	60385
pursuant to a policy, contract, or agreement for health care	60386
services;	60387

(b) A person that a sickness and accident insurer contracts	60388
with to issue a standardized identification card or an electronic	60389
technology described in division (A)(1)(a) of this section.	60390

(2) Notwithstanding division (A)(1) of this section, this	60391
section does not apply to the issuance or required use of a	60392
standardized identification card or an electronic technology for	60393
the submission and routing of prescription drug claims in	60394
connection with any of the following:	60395

(a) Any individual or group policy of sickness and accident	60396
insurance covering only accident, credit, dental, disability	60397
income, long-term care, hospital indemnity, medicare supplement,	60398
medicare, tricare, specified disease, or vision care; coverage	60399
under a one-time-limited-duration policy of not longer than six	60400
months; coverage issued as a supplement to liability insurance;	60401
insurance arising out of workers' compensation or similar law;	60402
automobile medical payment insurance; or insurance under which	60403
benefits are payable with or without regard to fault and which is	60404
statutorily required to be contained in any liability insurance	60405
policy or equivalent self-insurance.	60406

(b) Coverage provided under the medicaid~~, as defined in~~	60407
~~section 5111.01 of the Revised Code~~program.	60408

(c) Coverage provided under an employer's self-insurance plan	60409
or by any of its administrators, as defined in section 3959.01 of	60410
the Revised Code, to the extent that federal law supersedes,	60411
preempts, prohibits, or otherwise precludes the application of	60412
this section to the plan and its administrators.	60413

(B) A standardized identification card or an electronic	60414
technology issued or required to be used as provided in division	60415
(A)(1) of this section shall contain uniform prescription drug	60416
information in accordance with either division (B)(1) or (2) of	60417
this section.	60418

(1) The standardized identification card or the electronic	60419
technology shall be in a format and contain information fields	60420
approved by the national council for prescription drug programs or	60421
a successor organization, as specified in the council's or	60422
successor organization's pharmacy identification card	60423
implementation guide in effect on the first day of October most	60424
immediately preceding the issuance or required use of the	60425
standardized identification card or the electronic technology.	60426

(2) If the insurer or person under contract with the insurer	60427
to issue a standardized identification card or an electronic	60428
technology requires the information for the submission and routing	60429
of a claim, the standardized identification card or the electronic	60430
technology shall contain any of the following information:	60431

(a) The insurer's name;

60432

(b) The insured's name, group number, and identification	60433
number;	60434

(c) A telephone number to inquire about pharmacy-related	60435
issues;	60436

(d) The issuer's international identification number, labeled	60437
as "ANSI BIN" or "RxBIN";	60438

(e) The processor's control number, labeled as "RxPCN";

60439

(f) The insured's pharmacy benefits group number if different	60440
from the insured's medical group number, labeled as "RxGrp."	60441

(C) If the standardized identification card or the electronic	60442
technology issued or required to be used as provided in division	60443
(A)(1) of this section is also used for submission and routing of	60444
nonpharmacy claims, the designation "Rx" is required to be	60445
included as part of the labels identified in divisions (B)(2)(d)	60446
and (e) of this section if the issuer's international	60447
identification number or the processor's control number is	60448
different for medical and pharmacy claims.	60449

(D) Each sickness and accident insurer described in division	60450
(A) of this section shall annually file a certificate with the	60451
superintendent of insurance certifying that it or any person it	60452
contracts with to issue a standardized identification card or	60453
electronic technology for submission and routing of prescription	60454
drug claims complies with this section.	60455

(E)(1) Except as provided in division (E)(2) of this section,	60456
if there is a change in the information contained in the	60457
standardized identification card or the electronic technology	60458
issued to an insured, the insurer or person under contract with	60459
the insurer to issue a standardized identification card or an	60460
electronic technology shall issue a new card or electronic	60461
technology to the insured.	60462

(2) An insurer or person under contract with the insurer is	60463
not required under division (E)(1) of this section to issue a new	60464
card or electronic technology to an insured more than once during	60465
a twelve-month period.	60466

(F) Nothing in this section shall be construed as requiring	60467
an insurer to produce more than one standardized identification	60468
card or one electronic technology for use by insureds accessing	60469
health care benefits provided under a policy of sickness and	60470
accident insurance.	60471

Sec. 3923.83. (A)(1) This section applies to both of the	60472
following:	60473

(a) A public employee benefit plan that issues or requires	60474
the use of a standardized identification card or an electronic	60475
technology for submission and routing of prescription drug claims	60476
pursuant to a policy, contract, or agreement for health care	60477
services;	60478

(b) A person or entity that a public employee benefit plan	60479
contracts with to issue a standardized identification card or an	60480
electronic technology described in division (A)(1)(a) of this	60481
section.	60482

(2) Notwithstanding division (A)(1) of this section, this	60483
section does not apply to the issuance or required use of a	60484
standardized identification card or an electronic technology for	60485
the submission and routing of prescription drug claims in	60486
connection with either of the following:	60487

(a) Any individual or group policy of insurance covering only	60488
accident, credit, dental, disability income, long-term care,	60489
hospital indemnity, medicare supplement, medicare, tricare,	60490
specified disease, or vision care; coverage under a	60491
one-time-limited-duration policy of not longer than six months;	60492
coverage issued as a supplement to liability insurance; insurance	60493
arising out of workers' compensation or similar law; automobile	60494
medical payment insurance; or insurance under which benefits are	60495
payable with or without regard to fault and which is statutorily	60496
required to be contained in any liability insurance policy or	60497
equivalent self-insurance.	60498

(b) Coverage provided under the medicaid~~, as defined in~~	60499
~~section 5111.01 of the Revised Code~~program.	60500

(B) A standardized identification card or an electronic	60501
technology issued or required to be used as provided in division	60502
(A)(1) of this section shall contain uniform prescription drug	60503
information in accordance with either division (B)(1) or (2) of	60504
this section.	60505

(1) The standardized identification card or the electronic	60506
technology shall be in a format and contain information fields	60507
approved by the national council for prescription drug programs or	60508
a successor organization, as specified in the council's or	60509
successor organization's pharmacy identification card	60510
implementation guide in effect on the first day of October most	60511
immediately preceding the issuance or required use of the	60512
standardized identification card or the electronic technology.	60513

(2) If the public employee benefit plan or person under	60514
contract with the plan to issue a standardized identification card	60515
or an electronic technology requires the information for the	60516
submission and routing of a claim, the standardized identification	60517
card or the electronic technology shall contain any of the	60518
following information:	60519

(a) The plan's name;

60520

(b) The insured's name, group number, and identification	60521
number;	60522

(c) A telephone number to inquire about pharmacy-related	60523
issues;	60524

(d) The issuer's international identification number, labeled	60525
as "ANSI BIN" or "RxBIN";	60526

(e) The processor's control number, labeled as "RxPCN";

60527

(f) The insured's pharmacy benefits group number if different	60528
from the insured's medical group number, labeled as "RxGrp."	60529

(C) If the standardized identification card or the electronic	60530
technology issued or required to be used as provided in division	60531
(A)(1) of this section is also used for submission and routing of	60532
nonpharmacy claims, the designation "Rx" is required to be	60533
included as part of the labels identified in divisions (B)(2)(d)	60534
and (e) of this section if the issuer's international	60535
identification number or the processor's control number is	60536
different for medical and pharmacy claims.	60537

(D)(1) Except as provided in division (D)(2) of this section,	60538
if there is a change in the information contained in the	60539
standardized identification card or the electronic technology	60540
issued to an insured, the public employee benefit plan or person	60541
under contract with the plan to issue a standardized	60542
identification card or electronic technology shall issue a new	60543
card or electronic technology to the insured.	60544

(2) A public employee benefit plan or person under contract	60545
with the plan is not required under division (D)(1) of this	60546
section to issue a new card or electronic technology to an insured	60547
more than once during a twelve-month period.	60548

~~(F)~~(E) Nothing in this section shall be construed as	60549
requiring a public employee benefit plan to produce more than one	60550
standardized identification card or one electronic technology for	60551
use by insureds accessing health care benefits provided under a	60552
health benefit plan.	60553

Sec. 3924.42. No health insurer shall impose requirements on	60554
the department of ~~job and family services~~medicaid, when it has	60555
been assigned the rights of an individual who is eligible for	60556
~~medical assistance under Chapter 5111. of the Revised Code~~	60557
medicaid and who is covered under a health care policy, contract,	60558
or plan issued by the health insurer, that are different from the	60559
requirements applicable to an agent or assignee of any other	60560
individual so covered.	60561

Sec. 3951.01. As used in sections 3951.01 to 3951.09,	60562
inclusive, of the Revised Code:	60563

(A) "Lending institution" means a lending institution, as	60564
defined in division (L) of section 175.01 of the Revised Code,	60565
that is not organized for the purpose of qualifying to do business	60566
as a public insurance adjuster in this state, as determined by the	60567
superintendent, and that has been engaged in business as a bona	60568
fide lending institution for at least five years, and any member	60569
of an affiliated group, as defined ~~by division (B)(3)(e) of~~in	60570
section 5739.01 of the Revised Code, associated with a lending	60571
institution, which member has been a member of the affiliated	60572
group for at least five years and which member is not organized or	60573
affiliated with the lending institution for the purpose of	60574
qualifying to do business as a public insurance adjuster in this	60575
state, as determined by the superintendent.	60576

(B) "Public insurance adjuster" means any person, firm,	60577
association, partnership, or corporation who, for compensation,	60578
acts on behalf of or aids in any manner, an insurer or insured or	60579
another in negotiating for, or effecting the settlement of a claim	60580
or claims for loss or damage under any policy of insurance	60581
covering real or personal property, and any person, firm,	60582
association, partnership, or corporation who advertises, solicits	60583
business, or holds itself out to the public as an adjuster of such	60584
insurance claims, and any person who for compensation	60585
investigates, settles, adjusts, advises, or assists an insurer or	60586
insured with reference to claims for such losses, on behalf of any	60587
such public insurance adjuster.	60588

(C) "Public insurance adjuster agent" means any person who is	60589
a bona fide employee of a public insurance adjuster and who aids	60590
in the adjustment, investigation, and in securing of any contract	60591
for the adjustment of a loss.	60592

(D) "Superintendent" means the superintendent of insurance	60593
acting as director of the department of insurance.	60594

(E) Nothing contained in Chapter 3951. of the Revised Code	60595
shall apply to the following:	60596

(1) An attorney at law admitted to practice in this state who	60597
adjusts insurance losses in the course of the practice of the	60598
attorney's profession and who does not hold the attorney out by	60599
sign, advertisement, or otherwise as offering such services to the	60600
general public;	60601

(2) An officer, agent, or regular salaried employee of an	60602
insurer, or underwriter, or any attorney in fact of any reciprocal	60603
insurer of Lloyd's underwriter licensed to do business in this	60604
state who adjusts losses arising under the employer's or	60605
principal's own policies; or an underwriter by whom a policy of	60606
insurance against loss or damage or other causes has been written	60607
upon property within this state, in adjusting loss or damage under	60608
such policy, nor to an agent or broker acting as adjuster for the	60609
agent's or broker's own company;	60610

(3) An adjustment bureau or association owned and maintained	60611
by insurers to adjust or investigate losses of such insurers, or	60612
any regularly salaried employee thereof who devotes substantially	60613
all of the employee's time to the business of such bureau or	60614
association;	60615

(4) Any licensed agent or employee or officer of such agent	60616
or agency of an authorized insurer who adjusts losses for such	60617
insurer solely under policies issued through such agency;	60618

(5) Any independent adjuster representing an insurer.

60619

Sec. 3963.04. (A)(1) If an amendment to a health care	60620
contract is not a material amendment, the contracting entity shall	60621
provide the participating provider notice of the amendment at	60622
least fifteen days prior to the effective date of the amendment.	60623
The contracting entity shall provide all other notices to the	60624
participating provider pursuant to the health care contract.	60625

(2) A material amendment to a health care contract shall	60626
occur only if the contracting entity provides to the participating	60627
provider the material amendment in writing and notice of the	60628
material amendment not later than ninety days prior to the	60629
effective date of the material amendment. The notice shall be	60630
conspicuously entitled "Notice of Material Amendment to Contract."	60631

(3) If within fifteen days after receiving the material	60632
amendment and notice described in division (A)(2) of this section,	60633
the participating provider objects in writing to the material	60634
amendment, and there is no resolution of the objection, either	60635
party may terminate the health care contract upon written notice	60636
of termination provided to the other party not later than sixty	60637
days prior to the effective date of the material amendment.	60638

(4) If the participating provider does not object to the	60639
material amendment in the manner described in division (A)(3) of	60640
this section, the material amendment shall be effective as	60641
specified in the notice described in division (A)(2) of this	60642
section.	60643

(B)(1) Division (A) of this section does not apply if the	60644
delay caused by compliance with that division could result in	60645
imminent harm to an enrollee, if the material amendment of a	60646
health care contract is required by state or federal law, rule, or	60647
regulation, or if the provider affirmatively accepts the material	60648
amendment in writing and agrees to an earlier effective date than	60649
otherwise required by division (A)(2) of this section.	60650

(2) This section does not apply under any of the following	60651
circumstances:	60652

(a) The participating provider's payment or compensation is	60653
based on the current medicaid or medicare physician fee schedule,	60654
and the change in payment or compensation results solely from a	60655
change in that physician fee schedule.	60656

(b) A routine change or update of the health care contract is	60657
made in response to any addition, deletion, or revision of any	60658
service code, procedure code, or reporting code, or a pricing	60659
change is made by any third party source.	60660

For purposes of division (B)(2)(b) of this section:

60661

(i) "Service code, procedure code, or reporting code" means	60662
the current procedural terminology (CPT), current dental	60663
terminology (CDT), the healthcare common procedure coding system	60664
(HCPCS), the international classification of diseases (ICD), or	60665
the drug topics redbook average wholesale price (AWP).	60666

(ii) "Third party source" means the American medical	60667
association, American dental association, the centers for medicare	60668
and medicaid services, the national center for health statistics,	60669
the department of health and human services office of the	60670
inspector general, the Ohio department of insurance, or the Ohio	60671
department of ~~job and family services~~medicaid.	60672

(C) Notwithstanding divisions (A) and (B) of this section, a	60673
health care contract may be amended by operation of law as	60674
required by any applicable state or federal law, rule, or	60675
regulation. Nothing in this section shall be construed to require	60676
the renegotiation of a health care contract that is in existence	60677
before ~~the effective date of this section~~June 25, 2008, until the	60678
time that the contract is renewed or materially amended.	60679

Sec. 4104.33. There is hereby created the historical boilers	60680
licensing board consisting of seven members, three of whom shall	60681
be appointed by the governor with the advice and consent of the	60682
senate. The governor shall make initial appointments to the board	60683
within ninety days after October 24, 2002. Of the initial members	60684
appointed by the governor, one shall be for a term ending three	60685
years after October 24, 2002, one shall be for a term ending four	60686
years after October 24, 2002, and one shall be for a term ending	60687
five years after October 24, 2002. Thereafter, terms of office	60688
shall be for five years, each term ending on the same day of the	60689
same month of the year as did the term that it succeeds. Of the	60690
three members the governor appoints, one member shall be an	60691
employee of the division of boiler inspection in the department of	60692
commerce; one member shall be an independent mechanical engineer	60693
who is not involved in selling or inspecting historical boilers;	60694
and one shall be an active member of an association that	60695
represents managers of fairs or festivals.	60696

Two members of the board shall be appointed by the president	60697
of the senate and two members of the board shall be appointed by	60698
the speaker of the house of representatives. The president and	60699
speaker shall make initial appointments to the board within ninety	60700
days after October 24, 2002. Of the initial members appointed by	60701
the president, one shall be for a term ending four years after	60702
October 24, 2002 and one shall be for a term ending five years	60703
after October 24, 2002. Of the initial members appointed by the	60704
speaker, one shall be for a term ending three years after October	60705
24, 2002 and one shall be for a term ending five years after	60706
October 24, 2002. Thereafter, terms of office shall be for five	60707
years, each term ending on the same day of the same month of the	60708
year as did the term that it succeeds. Of the four members	60709
appointed by the president and speaker, each shall own a	60710
historical boiler and also have at least ten years of experience	60711
in the operation of historical boilers, and each of these four	60712
members shall reside in a different region of the state.	60713

Each member shall hold office from the date of the member's	60714
appointment until the end of the term for which the member was	60715
appointed. Members may be reappointed. Vacancies shall be filled	60716
~~in the manner provided for initial appointments~~by the director of	60717
commerce, and shall not require the advice and consent of the	60718
senate. Any member appointed to fill a vacancy occurring prior to	60719
the expiration date of the term for which the member's predecessor	60720
was appointed shall hold office as a member for the remainder of	60721
that term. A member shall continue in office subsequent to the	60722
expiration date of the member's term until the successor takes	60723
office or until a period of sixty days has elapsed, whichever	60724
occurs first.	60725

The members of the board, annually, shall elect, by majority	60726
vote, a chairperson from among their members. The board shall meet	60727
at least once annually and at other times at the call of the	60728
chairperson. Board members shall receive their actual and	60729
necessary expenses incurred in the discharge of their duties as	60730
board members.	60731

The superintendent of industrial compliance shall furnish	60732
office space, staff, and supplies to the board as the	60733
superintendent determines are necessary for the board to carry out	60734
its official duties under sections 4104.33 to 4104.37 of the	60735
Revised Code.	60736

Sec. 4112.12. (A) There is hereby created the commission on	60737
African-American males, which shall consist of not more than	60738
twenty-five members as follows: the directors or their designees	60739
of the departments of health, development, ~~alcohol and drug~~	60740
~~addiction services~~mental health and addiction services, and job	60741
and family services; the equal employment opportunity officer of	60742
the department of administrative services or the equal employment	60743
opportunity officer's designee; the executive director or the	60744
executive director's designee of the Ohio civil rights commission;	60745
the executive director or the executive director's designee of the	60746
division of criminal justice services in the department of public	60747
safety; the superintendent of public instruction; the chancellor	60748
or the chancellor's designee of the Ohio board of regents; two	60749
members of the house of representatives appointed by the speaker	60750
of the house of representatives each of whom shall be members of	60751
different political parties; and two members of the senate	60752
appointed by the president of the senate each of whom shall be	60753
members of different political parties. The members who are	60754
members of the general assembly shall be nonvoting members. The	60755
Ohio state university African American and African studies	60756
community extension center, in consultation with the governor,	60757
shall appoint four members from the private corporate sector, at	60758
least four members from the public sector, and two members from	60759
the nonprofit sector.	60760

(B) Terms of office shall be for three years, except that	60761
members of the general assembly appointed to the commission shall	60762
be members only so long as they are members of the general	60763
assembly. Each term ends on the same day of the same month as did	60764
the term that it succeeds. Each member shall hold office from the	60765
date of appointment until the end of the term for which the member	60766
was appointed. Members may be reappointed. Vacancies shall be	60767
filled in the manner provided for original appointments. Any	60768
member appointed to fill a vacancy occurring prior to the	60769
expiration date of the term for which the member's predecessor was	60770
appointed shall hold office as a member for the remainder of that	60771
term. A member shall continue in office subsequent to the	60772
expiration date of the member's term until the member's successor	60773
takes office or until a period of sixty days has elapsed,	60774
whichever occurs first.	60775

The commission annually shall elect a chairperson from among	60776
its members.	60777

(C) Members of the commission and members of subcommittees	60778
appointed under division (B) of section 4112.13 of the Revised	60779
Code shall not be compensated, but shall be reimbursed for their	60780
necessary and actual expenses incurred in the performance of their	60781
official duties.	60782

(D) The Ohio state university African American and African	60783
studies community extension center, in consultation with the	60784
governor, shall appoint an executive director of the commission on	60785
African-American males, who shall be in the unclassified civil	60786
service. The executive director shall supervise the commission's	60787
activities and report to the commission and to the Ohio state	60788
university African American and African studies community	60789
extension center on the progress of those activities. The	60790
executive director shall do all things necessary for the efficient	60791
and effective implementation of the duties of the commission.	60792

The responsibilities assigned to the executive director do	60793
not relieve the members of the commission from final	60794
responsibility for the proper performance of the requirements of	60795
this division.	60796

(E) The commission on African-American males shall do all of	60797
the following:	60798

(1) Employ, promote, supervise, and remove all employees, as	60799
needed, in connection with the performance of its duties under	60800
this section;	60801

(2) Maintain its office in Columbus;

60802

(3) Acquire facilities, equipment, and supplies necessary to	60803
house the commission, its employees, and files and records under	60804
its control, and to discharge any duty imposed upon it by law. The	60805
expense of these acquisitions shall be audited and paid for in the	60806
same manner as other state expenses.	60807

(4) Establish the overall policy and management of the	60808
commission in accordance with this chapter;	60809

(5) Follow all state procurement requirements;

60810

(6) Implement the policies and plans of the Ohio state	60811
university African American and African studies community	60812
extension center as those policies and plans are formulated and	60813
adopted by the Ohio state university African American and African	60814
studies community extension center;	60815

(7) Report to the Ohio state university African American and	60816
African studies community extension center on the progress of the	60817
commission on African-American males in implementing the policies	60818
and plans of the Ohio state university African American and	60819
African studies community extension center.	60820

(F) The commission on African-American males may:

60821

(1) Hold sessions at any place within the state, except that	60822
the commission on African-American males shall meet at least	60823
quarterly;	60824

(2) Establish, change, or abolish positions, and assign and	60825
reassign duties and responsibilities of any employee of the	60826
commission on African-American males as necessary to achieve the	60827
most efficient performance of its functions.	60828

(G) The Ohio state university African American and African	60829
studies community extension center shall establish the overall	60830
policy and management of the commission on African-American males	60831
and shall direct, manage, and oversee the commission. The Ohio	60832
state university African American and African studies community	60833
extension center shall develop overall policies and plans, and the	60834
commission on African-American males shall implement those	60835
policies and plans. The commission on African-American males,	60836
through its executive director, shall keep the Ohio state	60837
university African American and African studies community	60838
extension center informed as to the activities of the commission	60839
on African-American males in such manner and at such times as the	60840
Ohio state university African American and African studies	60841
community extension center shall determine.	60842

The Ohio state university African American and African	60843
studies community extension center may prescribe duties and	60844
responsibilities of the commission on African-American males in	60845
addition to those prescribed in section 4112.13 of the Revised	60846
Code.	60847

(H) The Ohio state university African American and African	60848
studies community extension center annually shall contract for a	60849
report on the status of African Americans in this state. Issues to	60850
be evaluated in the report shall include the criminal justice	60851
system, education, employment, health care, and housing, and such	60852
other issues as the Ohio state university African American and	60853
African studies community extension center may specify. The report	60854
shall include policy recommendations relating to the issues	60855
covered in the report.	60856

Sec. 4112.31. The new African immigrants commission shall do	60857
all of the following:	60858

(A) Gather and disseminate information and conduct hearings,	60859
conferences, investigations, and special studies on problems and	60860
programs concerning sub-Saharan African people;	60861

(B) Secure appropriate recognition of the accomplishments and	60862
contributions of sub-Saharan African people to this state;	60863

(C) Stimulate public awareness of the problems of sub-Saharan	60864
African people by conducting a program of public education;	60865

(D) Develop, coordinate, and assist other public and private	60866
organizations that serve sub-Saharan African people, including the	60867
conducting of training programs for community leadership and	60868
service project staff;	60869

(E) Advise the governor, general assembly, and state	60870
departments and agencies of the nature, magnitude, and priorities	60871
of the problems of sub-Saharan African people;	60872

(F) Advise the governor, general assembly, and state	60873
departments and agencies on, and assist in the development and	60874
implementation of, comprehensive and coordinated policies,	60875
programs, and procedures focusing on the special problems and	60876
needs of sub-Saharan African people, especially in the fields of	60877
education, employment, energy, health, housing, welfare, and	60878
recreation;	60879

(G) Propose new programs concerning sub-Saharan African	60880
people to public and private agencies and evaluate for such	60881
agencies existing programs or prospective legislation concerning	60882
sub-Saharan African people;	60883

(H) Review and approve grants to be made from federal, state,	60884
or private funds that are administered or subcontracted by the	60885
commission;	60886

(I) Prepare, review, and approve an annual report;

60887

(J) Serve as a clearinghouse to review and comment on all	60888
proposals to meet the needs of sub-Saharan African people that are	60889
submitted to it by public and private agencies;	60890

(K) Apply for and accept grants and gifts from governmental	60891
and private sources to be administered by the commission or	60892
subcontracted to local agencies;	60893

(L) Monitor and evaluate all programs subcontracted to local	60894
agencies by the commission;	60895

(M) Endeavor to assure that sub-Saharan African people have	60896
access to decision-making bodies in all state and local	60897
governmental departments and agencies;	60898

(N) Establish advisory committees on special subjects as	60899
needed to facilitate and maximize community participation in the	60900
operation of the commission;	60901

(O) Establish with state and local governments and private	60902
business and industry relationships that promote and assure equal	60903
opportunity for sub-Saharan African people in government,	60904
education, and employment.	60905

(P) Create an interagency council consisting of the following	60906
persons or their authorized representatives: one member of the	60907
senate appointed by the president of the senate; one member of the	60908
house of representatives appointed by the speaker of the house of	60909
representatives; the directors of administrative services,	60910
agriculture, education, development services, health, highway	60911
safety, job and family services, liquor control, ~~mental health~~	60912
mental health and addiction services, ~~mental retardation~~ and	60913
developmental disabilities, natural resources, rehabilitation and	60914
correction, youth services, transportation, environmental	60915
protection, and budget and management; the chairperson of the Ohio	60916
civil rights commission, the ~~administrators~~administrator of the	60917
bureau of workers' compensation ~~and~~, the ~~rehabilitation services~~	60918
~~commission~~executive director of the opportunities for Ohioans	60919
with disabilities agency, and an additional member of the	60920
governor's cabinet appointed by the governor. The new African	60921
immigrants commission, by rule, may designate other state officers	60922
or their representatives to be members of the council. The	60923
director of the commission shall be the chairperson of the	60924
council.	60925

The interagency council shall provide and coordinate the	60926
exchange of information relative to the needs of sub-Saharan	60927
African people and promote the delivery of state services to such	60928
people. The council shall meet at the call of the chairperson.	60929

Advisory committees shall be composed of persons representing	60930
community organizations and charitable institutions, public	60931
officials, and such other persons as the commission determines.	60932

Sec. 4115.034. On January 1, 1996, and the first day of	60933
January of every even-numbered year thereafter, the director of	60934
commerce shall adjust the threshold levels for which public	60935
improvement projects are subject to sections 4115.03 to 4115.16 of	60936
the Revised Code as set forth in divisions (B)(3) and (4) of	60937
section 4115.03 of the Revised Code. The director shall adjust	60938
those amounts according to the average increase or decrease for	60939
each of the two years immediately preceding the adjustment as set	60940
forth in ~~the United States department of commerce, bureau of the~~	60941
~~census implicit price deflator for~~the construction cost index	60942
published by the engineering news-record or, should that index	60943
cease to be published, a similar recognized industry index chosen	60944
by the director, provided that no increase or decrease for any	60945
year shall exceed three per cent of the threshold level in	60946
existence at the time of the adjustment.	60947

Sec. 4115.32. (A) Subject to section 4115.36 of the Revised	60948
Code, there is hereby created the state committee for the purchase	60949
of products and services provided by persons with severe	60950
disabilities. The committee shall be composed ex officio of the	60951
following persons, or their designees:	60952

(1) The directors of administrative services, ~~mental health~~	60953
mental health and addiction services, developmental disabilities,	60954
transportation, natural resources, and commerce;	60955

(2) The ~~administrators~~executive director of the	60956
~~rehabilitation services commission~~opportunities for Ohioans with	60957
disabilities agency and the administrator of the bureau of	60958
workers' compensation;	60959

(3) The secretary of state;

60960

(4) One representative of a purchasing department of a	60961
political subdivision who is designated by the governor.	60962

The governor shall appoint two representatives of a qualified	60963
nonprofit agency for persons with severe disabilities, and a	60964
person with a severe disability to the committee.	60965

(B) Within thirty days after September 29, 1995, the governor	60966
shall appoint the representatives of a qualified nonprofit agency	60967
for persons with severe disabilities to the committee for a term	60968
ending August 31, 1996. Thereafter, terms for such representatives	60969
are for three years, each term ending on the same day of the same	60970
month of the year as did the term that it succeeds. Each committee	60971
member shall serve from the date of the member's appointment until	60972
the end of the term for which the member was appointed. Vacancies	60973
shall be filled in the same manner provided for original	60974
appointments. Any member appointed to fill a vacancy occurring	60975
prior to the expiration date of the term for which the member's	60976
predecessor was appointed shall serve as a member for the	60977
remainder of that term. A member shall serve subsequent to the	60978
expiration of the member's term and shall continue to serve until	60979
the member's successor takes office.	60980

(C) Members of the committee shall serve without	60981
compensation. Except as otherwise provided in divisions (C)(1) and	60982
(2) of this section, members shall be reimbursed for actual and	60983
necessary expenses, including travel expenses, incurred while away	60984
from their homes or regular places of business and incurred while	60985
performing services for the committee.	60986

(1) The members listed in divisions (A)(1) to (3) of this	60987
section, or their designees, shall not be reimbursed for any	60988
expenses.	60989

(2) No member of the committee who is entitled to receive	60990
reimbursement for the performance of services for the committee	60991
from another agency or entity shall receive reimbursement from the	60992
committee.	60993

(D) The committee shall elect from among its members a	60994
chairperson. The committee may request from any agency of the	60995
state, political subdivision, or instrumentality of the state any	60996
information necessary to enable it to carry out the intent of	60997
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	60998
the committee, the agency, subdivision, or instrumentality shall	60999
furnish the information to the chairperson of the committee.	61000

(E) The committee shall not later than one hundred eighty	61001
days following the close of each fiscal year transmit to the	61002
governor, the general assembly, and each qualified nonprofit	61003
agency for persons with severe disabilities a report that includes	61004
the names of the committee members serving during the preceding	61005
fiscal year, the dates of committee meetings in that year, and any	61006
recommendations for changes in sections 4115.31 to 4115.35 of the	61007
Revised Code that the committee determines are necessary.	61008

(F) The director of administrative services shall designate a	61009
subordinate to act as executive director of the committee and	61010
shall furnish other staff and clerical assistance, office space,	61011
and supplies required by the committee.	61012

Sec. 4117.06. (A) The state employment relations board shall	61013
decide in each case the unit appropriate for the purposes of	61014
collective bargaining. The determination is final and conclusive	61015
and not appealable to the court.	61016

(B) The board shall determine the appropriateness of each	61017
bargaining unit and shall consider among other relevant factors:	61018
the desires of the employees; the community of interest; wages,	61019
hours, and other working conditions of the public employees; the	61020
effect of over-fragmentation; the efficiency of operations of the	61021
public employer; the administrative structure of the public	61022
employer; and the history of collective bargaining.	61023

(C) The board may determine a unit to be the appropriate unit	61024
in a particular case, even though some other unit might also be	61025
appropriate.	61026

(D) In addition, in determining the appropriate unit, the	61027
board shall not:	61028

(1) Decide that any unit is appropriate if the unit includes	61029
both professional and nonprofessional employees, unless a majority	61030
of the professional employees and a majority of the	61031
nonprofessional employees first vote for inclusion in the unit;	61032

(2) Include guards or correction officers at correctional or	61033
mental institutions, special police officers appointed in	61034
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	61035
Revised Code, psychiatric attendants employed at mental health	61036
forensic facilities, youth leaders employed at juvenile correction	61037
facilities, or any public employee employed as a guard to enforce	61038
against other employees rules to protect property of the employer	61039
or to protect the safety of persons on the employer's premises in	61040
a unit with other employees;	61041

(3) Include members of a police or fire department or members	61042
of the state highway patrol in a unit with other classifications	61043
of public employees of the department;	61044

(4) Designate as appropriate a bargaining unit that contains	61045
more than one institution of higher education; nor shall it within	61046
any such institution of higher education designate as appropriate	61047
a unit where such designation would be inconsistent with the	61048
accreditation standards or interpretations of such standards,	61049
governing such institution of higher education or any department,	61050
school, or college thereof. For the purposes of this division, any	61051
branch or regional campus of a public institution of higher	61052
education is part of that institution of higher education.	61053

(5) Designate as appropriate a bargaining unit that contains	61054
employees within the jurisdiction of more than one elected county	61055
office holder, unless the county-elected office holder and the	61056
board of county commissioners agree to such other designation;	61057

(6) With respect to members of a police department, designate	61058
as appropriate a unit that includes rank and file members of the	61059
department with members who are of the rank of sergeant or above;	61060

(7) Except as otherwise provided by division (A)(3) of	61061
section 3314.10 or division (B) of section 3326.18 of the Revised	61062
Code, designate as appropriate a bargaining unit that contains	61063
employees from multiple community schools established under	61064
Chapter 3314. or multiple science, technology, engineering, and	61065
mathematics schools established under Chapter 3326. of the Revised	61066
Code. For purposes of this division, more than one unit may be	61067
designated within a single community school or science,	61068
technology, engineering, and mathematics school.	61069

This section shall not be deemed to prohibit multiunit	61070
bargaining.	61071

Sec. 4117.14. (A) The procedures contained in this section	61072
govern the settlement of disputes between an exclusive	61073
representative and a public employer concerning the termination or	61074
modification of an existing collective bargaining agreement or	61075
negotiation of a successor agreement, or the negotiation of an	61076
initial collective bargaining agreement.	61077

(B)(1) In those cases where there exists a collective	61078
bargaining agreement, any public employer or exclusive	61079
representative desiring to terminate, modify, or negotiate a	61080
successor collective bargaining agreement shall:	61081

(a) Serve written notice upon the other party of the proposed	61082
termination, modification, or successor agreement. The party must	61083
serve the notice not less than sixty days prior to the expiration	61084
date of the existing agreement or, in the event the existing	61085
collective bargaining agreement does not contain an expiration	61086
date, not less than sixty days prior to the time it is proposed to	61087
make the termination or modifications or to make effective a	61088
successor agreement.	61089

(b) Offer to bargain collectively with the other party for	61090
the purpose of modifying or terminating any existing agreement or	61091
negotiating a successor agreement;	61092

(c) Notify the state employment relations board of the offer	61093
by serving upon the board a copy of the written notice to the	61094
other party and a copy of the existing collective bargaining	61095
agreement.	61096

(2) In the case of initial negotiations between a public	61097
employer and an exclusive representative, where a collective	61098
bargaining agreement has not been in effect between the parties,	61099
any party may serve notice upon the board and the other party	61100
setting forth the names and addresses of the parties and offering	61101
to meet, for a period of ninety days, with the other party for the	61102
purpose of negotiating a collective bargaining agreement.	61103

If the settlement procedures specified in divisions (B), (C),	61104
and (D) of this section govern the parties, where those procedures	61105
refer to the expiration of a collective bargaining agreement, it	61106
means the expiration of the sixty-day period to negotiate a	61107
collective bargaining agreement referred to in this subdivision,	61108
or in the case of initial negotiations, it means the ninety-day	61109
period referred to in this subdivision.	61110

(3) The parties shall continue in full force and effect all	61111
the terms and conditions of any existing collective bargaining	61112
agreement, without resort to strike or lock-out, for a period of	61113
sixty days after the party gives notice or until the expiration	61114
date of the collective bargaining agreement, whichever occurs	61115
later, or for a period of ninety days where applicable.	61116

(4) Upon receipt of the notice, the parties shall enter into	61117
collective bargaining.	61118

(C) In the event the parties are unable to reach an	61119
agreement, they may submit, at any time prior to forty-five days	61120
before the expiration date of the collective bargaining agreement,	61121
the issues in dispute to any mutually agreed upon dispute	61122
settlement procedure which supersedes the procedures contained in	61123
this section.	61124

(1) The procedures may include:

61125

(a) Conventional arbitration of all unsettled issues;

61126

(b) Arbitration confined to a choice between the last offer	61127
of each party to the agreement as a single package;	61128

(c) Arbitration confined to a choice of the last offer of	61129
each party to the agreement on each issue submitted;	61130

(d) The procedures described in division (C)(1)(a), (b), or	61131
(c) of this section and including among the choices for the	61132
arbitrator, the recommendations of the fact finder, if there are	61133
recommendations, either as a single package or on each issue	61134
submitted;	61135

(e) Settlement by a citizens' conciliation council composed	61136
of three residents within the jurisdiction of the public employer.	61137
The public employer shall select one member and the exclusive	61138
representative shall select one member. The two members selected	61139
shall select the third member who shall chair the council. If the	61140
two members cannot agree upon a third member within five days	61141
after their appointments, the board shall appoint the third	61142
member. Once appointed, the council shall make a final settlement	61143
of the issues submitted to it pursuant to division (G) of this	61144
section.	61145

(f) Any other dispute settlement procedure mutually agreed to	61146
by the parties.	61147

(2) If, fifty days before the expiration date of the	61148
collective bargaining agreement, the parties are unable to reach	61149
an agreement, any party may request the state employment relations	61150
board to intervene. The request shall set forth the names and	61151
addresses of the parties, the issues involved, and, if applicable,	61152
the expiration date of any agreement.	61153

The board shall intervene and investigate the dispute to	61154
determine whether the parties have engaged in collective	61155
bargaining.	61156

If an impasse exists or forty-five days before the expiration	61157
date of the collective bargaining agreement if one exists, the	61158
board shall appoint a mediator to assist the parties in the	61159
collective bargaining process.	61160

(3) Any time after the appointment of a mediator, either	61161
party may request the appointment of a fact-finding panel. Within	61162
fifteen days after receipt of a request for a fact-finding panel,	61163
the board shall appoint a fact-finding panel of not more than	61164
three members who have been selected by the parties in accordance	61165
with rules established by the board, from a list of qualified	61166
persons maintained by the board.	61167

(a) The fact-finding panel shall, in accordance with rules	61168
and procedures established by the board that include the	61169
regulation of costs and expenses of fact-finding, gather facts and	61170
make recommendations for the resolution of the matter. The board	61171
shall by its rules require each party to specify in writing the	61172
unresolved issues and its position on each issue to the	61173
fact-finding panel. The fact-finding panel shall make final	61174
recommendations as to all the unresolved issues.	61175

(b) The board may continue mediation, order the parties to	61176
engage in collective bargaining until the expiration date of the	61177
agreement, or both.	61178

(4) The following guidelines apply to fact-finding:

61179

(a) The fact-finding panel may establish times and place of	61180
hearings which shall be, where feasible, in the jurisdiction of	61181
the state.	61182

(b) The fact-finding panel shall conduct the hearing pursuant	61183
to rules established by the board.	61184

(c) Upon request of the fact-finding panel, the board shall	61185
issue subpoenas for hearings conducted by the panel.	61186

(d) The fact-finding panel may administer oaths.

61187

(e) The board shall prescribe guidelines for the fact-finding	61188
panel to follow in making findings. In making its recommendations,	61189
the fact-finding panel shall take into consideration the factors	61190
listed in divisions (G)(7)(a) to (f) of this section.	61191

(f) The fact-finding panel may attempt mediation at any time	61192
during the fact-finding process. From the time of appointment	61193
until the fact-finding panel makes a final recommendation, it	61194
shall not discuss the recommendations for settlement of the	61195
dispute with parties other than the direct parties to the dispute.	61196

(5) The fact-finding panel, acting by a majority of its	61197
members, shall transmit its findings of fact and recommendations	61198
on the unresolved issues to the public employer and employee	61199
organization involved and to the board no later than fourteen days	61200
after the appointment of the fact-finding panel, unless the	61201
parties mutually agree to an extension. The parties shall share	61202
the cost of the fact-finding panel in a manner agreed to by the	61203
parties.	61204

(6)(a) Not later than seven days after the findings and	61205
recommendations are sent, the legislative body, by a three-fifths	61206
vote of its total membership, and in the case of the public	61207
employee organization, the membership, by a three-fifths vote of	61208
the total membership, may reject the recommendations; if neither	61209
rejects the recommendations, the recommendations shall be deemed	61210
agreed upon as the final resolution of the issues submitted and a	61211
collective bargaining agreement shall be executed between the	61212
parties, including the fact-finding panel's recommendations,	61213
except as otherwise modified by the parties by mutual agreement.	61214
If either the legislative body or the public employee organization	61215
rejects the recommendations, the board shall publicize the	61216
findings of fact and recommendations of the fact-finding panel.	61217
The board shall adopt rules governing the procedures and methods	61218
for public employees to vote on the recommendations of the	61219
fact-finding panel.	61220

(b) As used in division (C)(6)(a) of this section,	61221
"legislative body" means the controlling board when the state or	61222
any of its agencies, authorities, commissions, boards, or other	61223
branch of public employment is party to the fact-finding process.	61224

(D) If the parties are unable to reach agreement within seven	61225
days after the publication of findings and recommendations from	61226
the fact-finding panel or the collective bargaining agreement, if	61227
one exists, has expired, then the:	61228

(1) Public employees, who are members of a police or fire	61229
department, members of the state highway patrol, deputy sheriffs,	61230
dispatchers employed by a police, fire, or sheriff's department or	61231
the state highway patrol or civilian dispatchers employed by a	61232
public employer other than a police, fire, or sheriff's department	61233
to dispatch police, fire, sheriff's department, or emergency	61234
medical or rescue personnel and units, an exclusive nurse's unit,	61235
employees of the state school for the deaf or the state school for	61236
the blind, employees of any public employee retirement system,	61237
corrections officers, guards at penal or mental institutions,	61238
special police officers appointed in accordance with sections	61239
~~5119.14~~5119.08 and 5123.13 of the Revised Code, psychiatric	61240
attendants employed at mental health forensic facilities, youth	61241
leaders employed at juvenile correctional facilities, or members	61242
of a law enforcement security force that is established and	61243
maintained exclusively by a board of county commissioners and	61244
whose members are employed by that board, shall submit the matter	61245
to a final offer settlement procedure pursuant to a board order	61246
issued forthwith to the parties to settle by a conciliator	61247
selected by the parties. The parties shall request from the board	61248
a list of five qualified conciliators and the parties shall select	61249
a single conciliator from the list by alternate striking of names.	61250
If the parties cannot agree upon a conciliator within five days	61251
after the board order, the board shall on the sixth day after its	61252
order appoint a conciliator from a list of qualified persons	61253
maintained by the board or shall request a list of qualified	61254
conciliators from the American arbitration association and appoint	61255
therefrom.	61256

(2) Public employees other than those listed in division	61257
(D)(1) of this section have the right to strike under Chapter	61258
4117. of the Revised Code provided that the employee organization	61259
representing the employees has given a ten-day prior written	61260
notice of an intent to strike to the public employer and to the	61261
board, and further provided that the strike is for full,	61262
consecutive work days and the beginning date of the strike is at	61263
least ten work days after the ending date of the most recent prior	61264
strike involving the same bargaining unit; however, the board, at	61265
its discretion, may attempt mediation at any time.	61266

(E) Nothing in this section shall be construed to prohibit	61267
the parties, at any time, from voluntarily agreeing to submit any	61268
or all of the issues in dispute to any other alternative dispute	61269
settlement procedure. An agreement or statutory requirement to	61270
arbitrate or to settle a dispute pursuant to a final offer	61271
settlement procedure and the award issued in accordance with the	61272
agreement or statutory requirement is enforceable in the same	61273
manner as specified in division (B) of section 4117.09 of the	61274
Revised Code.	61275

(F) Nothing in this section shall be construed to prohibit a	61276
party from seeking enforcement of a collective bargaining	61277
agreement or a conciliator's award as specified in division (B) of	61278
section 4117.09 of the Revised Code.	61279

(G) The following guidelines apply to final offer settlement	61280
proceedings under division (D)(1) of this section:	61281

(1) The parties shall submit to final offer settlement those	61282
issues that are subject to collective bargaining as provided by	61283
section 4117.08 of the Revised Code and upon which the parties	61284
have not reached agreement and other matters mutually agreed to by	61285
the public employer and the exclusive representative; except that	61286
the conciliator may attempt mediation at any time.	61287

(2) The conciliator shall hold a hearing within thirty days	61288
of the board's order to submit to a final offer settlement	61289
procedure, or as soon thereafter as is practicable.	61290

(3) The conciliator shall conduct the hearing pursuant to	61291
rules developed by the board. The conciliator shall establish the	61292
hearing time and place, but it shall be, where feasible, within	61293
the jurisdiction of the state. Not later than five calendar days	61294
before the hearing, each of the parties shall submit to the	61295
conciliator, to the opposing party, and to the board, a written	61296
report summarizing the unresolved issues, the party's final offer	61297
as to the issues, and the rationale for that position.	61298

(4) Upon the request by the conciliator, the board shall	61299
issue subpoenas for the hearing.	61300

(5) The conciliator may administer oaths.

61301

(6) The conciliator shall hear testimony from the parties and	61302
provide for a written record to be made of all statements at the	61303
hearing. The board shall submit for inclusion in the record and	61304
for consideration by the conciliator the written report and	61305
recommendation of the fact-finders.	61306

(7) After hearing, the conciliator shall resolve the dispute	61307
between the parties by selecting, on an issue-by-issue basis, from	61308
between each of the party's final settlement offers, taking into	61309
consideration the following:	61310

(a) Past collectively bargained agreements, if any, between	61311
the parties;	61312

(b) Comparison of the issues submitted to final offer	61313
settlement relative to the employees in the bargaining unit	61314
involved with those issues related to other public and private	61315
employees doing comparable work, giving consideration to factors	61316
peculiar to the area and classification involved;	61317

(c) The interests and welfare of the public, the ability of	61318
the public employer to finance and administer the issues proposed,	61319
and the effect of the adjustments on the normal standard of public	61320
service;	61321

(d) The lawful authority of the public employer;

61322

(e) The stipulations of the parties;

61323

(f) Such other factors, not confined to those listed in this	61324
section, which are normally or traditionally taken into	61325
consideration in the determination of the issues submitted to	61326
final offer settlement through voluntary collective bargaining,	61327
mediation, fact-finding, or other impasse resolution procedures in	61328
the public service or in private employment.	61329

(8) Final offer settlement awards made under Chapter 4117. of	61330
the Revised Code are subject to Chapter 2711. of the Revised Code.	61331

(9) If more than one conciliator is used, the determination	61332
must be by majority vote.	61333

(10) The conciliator shall make written findings of fact and	61334
promulgate a written opinion and order upon the issues presented	61335
to the conciliator, and upon the record made before the	61336
conciliator and shall mail or otherwise deliver a true copy	61337
thereof to the parties and the board.	61338

(11) Increases in rates of compensation and other matters	61339
with cost implications awarded by the conciliator may be effective	61340
only at the start of the fiscal year next commencing after the	61341
date of the final offer settlement award; provided that if a new	61342
fiscal year has commenced since the issuance of the board order to	61343
submit to a final offer settlement procedure, the awarded	61344
increases may be retroactive to the commencement of the new fiscal	61345
year. The parties may, at any time, amend or modify a	61346
conciliator's award or order by mutual agreement.	61347

(12) The parties shall bear equally the cost of the final	61348
offer settlement procedure.	61349

(13) Conciliators appointed pursuant to this section shall be	61350
residents of the state.	61351

(H) All final offer settlement awards and orders of the	61352
conciliator made pursuant to Chapter 4117. of the Revised Code are	61353
subject to review by the court of common pleas having jurisdiction	61354
over the public employer as provided in Chapter 2711. of the	61355
Revised Code. If the public employer is located in more than one	61356
court of common pleas district, the court of common pleas in which	61357
the principal office of the chief executive is located has	61358
jurisdiction.	61359

(I) The issuance of a final offer settlement award	61360
constitutes a binding mandate to the public employer and the	61361
exclusive representative to take whatever actions are necessary to	61362
implement the award.	61363

Sec. 4117.15. (A) Whenever a strike by members of a police	61364
or fire department, members of the state highway patrol, deputy	61365
sheriffs, dispatchers employed by a police, fire, or sheriff's	61366
department or the state highway patrol or civilian dispatchers	61367
employed by a public employer other than a police, fire, or	61368
sheriff's department to dispatch police, fire, sheriff's	61369
department, or emergency medical or rescue personnel and units, an	61370
exclusive nurse's unit, employees of the state school for the deaf	61371
or the state school for the blind, employees of any public	61372
employee retirement system, correction officers, guards at penal	61373
or mental institutions, or special police officers appointed in	61374
accordance with sections ~~5119.14~~5119.08 and 5123.13 of the	61375
Revised Code, psychiatric attendants employed at mental health	61376
forensic facilities, youth leaders employed at juvenile	61377
correctional facilities, or members of a law enforcement security	61378
force that is established and maintained exclusively by a board of	61379
county commissioners and whose members are employed by that board,	61380
a strike by other public employees during the pendency of the	61381
settlement procedures set forth in section 4117.14 of the Revised	61382
Code, or a strike during the term or extended term of a collective	61383
bargaining agreement occurs, the public employer may seek an	61384
injunction against the strike in the court of common pleas of the	61385
county in which the strike is located.	61386

(B) An unfair labor practice by a public employer is not a	61387
defense to the injunction proceeding noted in division (A) of this	61388
section. Allegations of unfair labor practices during the	61389
settlement procedures set forth in section 4117.14 of the Revised	61390
Code shall receive priority by the state employment relations	61391
board.	61392

(C) No public employee is entitled to pay or compensation	61393
from the public employer for the period engaged in any strike.	61394

Sec. 4121.50. Not later than July 1, 2012, the administrator	61395
of workers' compensation shall adopt rules in accordance with	61396
Chapter 119. of the Revised Code to implement a coordinated	61397
services program for claimants under this chapter or Chapter	61398
4123., 4127., or 4131. of the Revised Code who are found to have	61399
obtained prescription drugs that were reimbursed pursuant to an	61400
order of the administrator or of the industrial commission or by a	61401
self-insuring employer but were obtained at a frequency or in an	61402
amount that is not medically necessary. The program shall be	61403
implemented in a manner that is substantially similar to the	61404
coordinated services programs established for the medicaid program	61405
under ~~section 5111.085~~sections 5164.758 and ~~5111.179~~5167.13 of	61406
the Revised Code.	61407

Sec. 4121.69. (A) The administrator of workers' compensation	61408
may establish compensation plans, including schedules of hourly	61409
rates, for the compensation of professional, administrative, and	61410
managerial employees who are employed to fulfill the duties placed	61411
upon the bureau of workers' compensation pursuant to sections	61412
4121.61 to 4121.69 of the Revised Code. The administrator may	61413
establish rules or policies for the administration of the	61414
respective compensation plans.	61415

This division does not apply to employees for whom the state	61416
employment relations board establishes appropriate bargaining	61417
units pursuant to section 4117.06 of the Revised Code.	61418

(B) The administrator may employ the services and resources	61419
of any public entity or private person, business, or association	61420
in fulfilling the duties placed upon the bureau of workers'	61421
compensation by sections 4121.61 to 4121.69 of the Revised Code.	61422
The ~~rehabilitation services commission~~opportunities for Ohioans	61423
with disabilities agency, the director of job and family services,	61424
and any other public officer, employee, or agency shall give to	61425
the bureau of workers' compensation full cooperation and, at the	61426
request of the administrator, enter into a written agreement	61427
stating the procedures and criteria for referring, accepting, and	61428
providing services to claimants in the job placement and	61429
rehabilitation efforts of the bureau of workers' compensation on	61430
behalf of a claimant when referred by the bureau of workers'	61431
compensation.	61432

(C) In appropriate cases, the bureau may refer a candidate to	61433
the ~~rehabilitation services commission~~opportunities for Ohioans	61434
with disabilities agency for participation in a program of the	61435
~~commission~~agency. For that purpose, the bureau of workers'	61436
compensation shall compensate the ~~commission~~agency for the	61437
nonfederal portion of its services.	61438

Sec. 4123.57. Partial disability compensation shall be paid	61439
as follows.	61440

Except as provided in this section, not earlier than	61441
twenty-six weeks after the date of termination of the latest	61442
period of payments under section 4123.56 of the Revised Code, or	61443
not earlier than twenty-six weeks after the date of the injury or	61444
contraction of an occupational disease in the absence of payments	61445
under section 4123.56 of the Revised Code, the employee may file	61446
an application with the bureau of workers' compensation for the	61447
determination of the percentage of the employee's permanent	61448
partial disability resulting from an injury or occupational	61449
disease.	61450

Whenever the application is filed, the bureau shall send a	61451
copy of the application to the employee's employer or the	61452
employer's representative and shall schedule the employee for a	61453
medical examination by the bureau medical section. The bureau	61454
shall send a copy of the report of the medical examination to the	61455
employee, the employer, and their representatives. Thereafter, the	61456
administrator of workers' compensation shall review the employee's	61457
claim file and make a tentative order as the evidence before the	61458
administrator at the time of the making of the order warrants. If	61459
the administrator determines that there is a conflict of evidence,	61460
the administrator shall send the application, along with the	61461
claimant's file, to the district hearing officer who shall set the	61462
application for a hearing.	61463

The administrator shall notify the employee, the employer,	61464
and their representatives, in writing, of the tentative order and	61465
of the parties' right to request a hearing. Unless the employee,	61466
the employer, or their representative notifies the administrator,	61467
in writing, of an objection to the tentative order within twenty	61468
days after receipt of the notice thereof, the tentative order	61469
shall go into effect and the employee shall receive the	61470
compensation provided in the order. In no event shall there be a	61471
reconsideration of a tentative order issued under this division.	61472

If the employee, the employer, or their representatives	61473
timely notify the administrator of an objection to the tentative	61474
order, the matter shall be referred to a district hearing officer	61475
who shall set the application for hearing with written notices to	61476
all interested persons. Upon referral to a district hearing	61477
officer, the employer may obtain a medical examination of the	61478
employee, pursuant to rules of the industrial commission.	61479

(A) The district hearing officer, upon the application, shall	61480
determine the percentage of the employee's permanent disability,	61481
except as is subject to division (B) of this section, based upon	61482
that condition of the employee resulting from the injury or	61483
occupational disease and causing permanent impairment evidenced by	61484
medical or clinical findings reasonably demonstrable. The employee	61485
shall receive sixty-six and two-thirds per cent of the employee's	61486
average weekly wage, but not more than a maximum of thirty-three	61487
and one-third per cent of the statewide average weekly wage as	61488
defined in division (C) of section 4123.62 of the Revised Code,	61489
per week regardless of the average weekly wage, for the number of	61490
weeks which equals the percentage of two hundred weeks. Except on	61491
application for reconsideration, review, or modification, which is	61492
filed within ten days after the date of receipt of the decision of	61493
the district hearing officer, in no instance shall the former	61494
award be modified unless it is found from medical or clinical	61495
findings that the condition of the claimant resulting from the	61496
injury has so progressed as to have increased the percentage of	61497
permanent partial disability. A staff hearing officer shall hear	61498
an application for reconsideration filed and the staff hearing	61499
officer's decision is final. An employee may file an application	61500
for a subsequent determination of the percentage of the employee's	61501
permanent disability. If such an application is filed, the bureau	61502
shall send a copy of the application to the employer or the	61503
employer's representative. No sooner than sixty days from the date	61504
of the mailing of the application to the employer or the	61505
employer's representative, the administrator shall review the	61506
application. The administrator may require a medical examination	61507
or medical review of the employee. The administrator shall issue a	61508
tentative order based upon the evidence before the administrator,	61509
provided that if the administrator requires a medical examination	61510
or medical review, the administrator shall not issue the tentative	61511
order until the completion of the examination or review.	61512

The employer may obtain a medical examination of the employee	61513
and may submit medical evidence at any stage of the process up to	61514
a hearing before the district hearing officer, pursuant to rules	61515
of the commission. The administrator shall notify the employee,	61516
the employer, and their representatives, in writing, of the nature	61517
and amount of any tentative order issued on an application	61518
requesting a subsequent determination of the percentage of an	61519
employee's permanent disability. An employee, employer, or their	61520
representatives may object to the tentative order within twenty	61521
days after the receipt of the notice thereof. If no timely	61522
objection is made, the tentative order shall go into effect. In no	61523
event shall there be a reconsideration of a tentative order issued	61524
under this division. If an objection is timely made, the	61525
application for a subsequent determination shall be referred to a	61526
district hearing officer who shall set the application for a	61527
hearing with written notice to all interested persons. No	61528
application for subsequent percentage determinations on the same	61529
claim for injury or occupational disease shall be accepted for	61530
review by the district hearing officer unless supported by	61531
substantial evidence of new and changed circumstances developing	61532
since the time of the hearing on the original or last	61533
determination.	61534

No award shall be made under this division based upon a	61535
percentage of disability which, when taken with all other	61536
percentages of permanent disability, exceeds one hundred per cent.	61537
If the percentage of the permanent disability of the employee	61538
equals or exceeds ninety per cent, compensation for permanent	61539
partial disability shall be paid for two hundred weeks.	61540

Compensation payable under this division accrues and is	61541
payable to the employee from the date of last payment of	61542
compensation, or, in cases where no previous compensation has been	61543
paid, from the date of the injury or the date of the diagnosis of	61544
the occupational disease.	61545

When an award under this division has been made prior to the	61546
death of an employee, all unpaid installments accrued or to accrue	61547
under the provisions of the award are payable to the surviving	61548
spouse, or if there is no surviving spouse, to the dependent	61549
children of the employee, and if there are no children surviving,	61550
then to other dependents as the administrator determines.	61551

(B) For purposes of this division, "payable per week" means	61552
the seven-consecutive-day period in which compensation is paid in	61553
installments according to the schedule associated with the	61554
applicable injury as set forth in this division.	61555

Compensation paid in weekly installments according to the	61556
schedule described in this division may only be commuted to one or	61557
more ~~lump-sum~~lump sum payments pursuant to the procedure set	61558
forth in section 4123.64 of the Revised Code.	61559

In cases included in the following schedule the compensation	61560
payable per week to the employee is the statewide average weekly	61561
wage as defined in division (C) of section 4123.62 of the Revised	61562
Code per week and shall be paid in installments according to the	61563
following schedule:	61564

For the loss of a first finger, commonly known as a thumb,	61565
sixty weeks.	61566

For the loss of a second finger, commonly called index	61567
finger, thirty-five weeks.	61568

For the loss of a third finger, thirty weeks.

61569

For the loss of a fourth finger, twenty weeks.

61570

For the loss of a fifth finger, commonly known as the little	61571
finger, fifteen weeks.	61572

The loss of a second, or distal, phalange of the thumb is	61573
considered equal to the loss of one half of such thumb; the loss	61574
of more than one half of such thumb is considered equal to the	61575
loss of the whole thumb.	61576

The loss of the third, or distal, phalange of any finger is	61577
considered equal to the loss of one-third of the finger.	61578

The loss of the middle, or second, phalange of any finger is	61579
considered equal to the loss of two-thirds of the finger.	61580

The loss of more than the middle and distal phalanges of any	61581
finger is considered equal to the loss of the whole finger. In no	61582
case shall the amount received for more than one finger exceed the	61583
amount provided in this schedule for the loss of a hand.	61584

For the loss of the metacarpal bone (bones of the palm) for	61585
the corresponding thumb, or fingers, add ten weeks to the number	61586
of weeks under this division.	61587

For ankylosis (total stiffness of) or contractures (due to	61588
scars or injuries) which makes any of the fingers, thumbs, or	61589
parts of either useless, the same number of weeks apply to the	61590
members or parts thereof as given for the loss thereof.	61591

If the claimant has suffered the loss of two or more fingers	61592
by amputation or ankylosis and the nature of the claimant's	61593
employment in the course of which the claimant was working at the	61594
time of the injury or occupational disease is such that the	61595
handicap or disability resulting from the loss of fingers, or loss	61596
of use of fingers, exceeds the normal handicap or disability	61597
resulting from the loss of fingers, or loss of use of fingers, the	61598
administrator may take that fact into consideration and increase	61599
the award of compensation accordingly, but the award made shall	61600
not exceed the amount of compensation for loss of a hand.	61601

For the loss of a hand, one hundred seventy-five weeks.

61602

For the loss of an arm, two hundred twenty-five weeks.

61603

For the loss of a great toe, thirty weeks.

61604

For the loss of one of the toes other than the great toe, ten	61605
weeks.	61606

The loss of more than two-thirds of any toe is considered	61607
equal to the loss of the whole toe.	61608

The loss of less than two-thirds of any toe is considered no	61609
loss, except as to the great toe; the loss of the great toe up to	61610
the interphalangeal joint is co-equal to the loss of one-half of	61611
the great toe; the loss of the great toe beyond the	61612
interphalangeal joint is considered equal to the loss of the whole	61613
great toe.	61614

For the loss of a foot, one hundred fifty weeks.

61615

For the loss of a leg, two hundred weeks.

61616

For the loss of the sight of an eye, one hundred twenty-five	61617
weeks.	61618

For the permanent partial loss of sight of an eye, the	61619
portion of one hundred twenty-five weeks as the administrator in	61620
each case determines, based upon the percentage of vision actually	61621
lost as a result of the injury or occupational disease, but, in no	61622
case shall an award of compensation be made for less than	61623
twenty-five per cent loss of uncorrected vision. "Loss of	61624
uncorrected vision" means the percentage of vision actually lost	61625
as the result of the injury or occupational disease.	61626

For the permanent and total loss of hearing of one ear,	61627
twenty-five weeks; but in no case shall an award of compensation	61628
be made for less than permanent and total loss of hearing of one	61629
ear.	61630

For the permanent and total loss of hearing, one hundred	61631
twenty-five weeks; but, except pursuant to the next preceding	61632
paragraph, in no case shall an award of compensation be made for	61633
less than permanent and total loss of hearing.	61634

In case an injury or occupational disease results in serious	61635
facial or head disfigurement which either impairs or may in the	61636
future impair the opportunities to secure or retain employment,	61637
the administrator shall make an award of compensation as it deems	61638
proper and equitable, in view of the nature of the disfigurement,	61639
and not to exceed the sum of ten thousand dollars. For the purpose	61640
of making the award, it is not material whether the employee is	61641
gainfully employed in any occupation or trade at the time of the	61642
administrator's determination.	61643

When an award under this division has been made prior to the	61644
death of an employee all unpaid installments accrued or to accrue	61645
under the provisions of the award shall be payable to the	61646
surviving spouse, or if there is no surviving spouse, to the	61647
dependent children of the employee and if there are no such	61648
children, then to such dependents as the administrator determines.	61649

When an employee has sustained the loss of a member by	61650
severance, but no award has been made on account thereof prior to	61651
the employee's death, the administrator shall make an award in	61652
accordance with this division for the loss which shall be payable	61653
to the surviving spouse, or if there is no surviving spouse, to	61654
the dependent children of the employee and if there are no such	61655
children, then to such dependents as the administrator determines.	61656

(C) Compensation for partial impairment under divisions (A)	61657
and (B) of this section is in addition to the compensation paid	61658
the employee pursuant to section 4123.56 of the Revised Code. A	61659
claimant may receive compensation under divisions (A) and (B) of	61660
this section.	61661

In all cases arising under division (B) of this section, if	61662
it is determined by any one of the following: (1) the amputee	61663
clinic at University hospital, Ohio state university; (2) the	61664
~~rehabilitation services commission~~opportunities for Ohioans with	61665
disabilities agency; (3) an amputee clinic or prescribing	61666
physician approved by the administrator or the administrator's	61667
designee, that an injured or disabled employee is in need of an	61668
artificial appliance, or in need of a repair thereof, regardless	61669
of whether the appliance or its repair will be serviceable in the	61670
vocational rehabilitation of the injured employee, and regardless	61671
of whether the employee has returned to or can ever again return	61672
to any gainful employment, the bureau shall pay the cost of the	61673
artificial appliance or its repair out of the surplus created by	61674
division (B) of section 4123.34 of the Revised Code.	61675

In those cases where ~~a rehabilitation services commission~~an	61676
opportunities for Ohioans with disabilities agency recommendation	61677
that an injured or disabled employee is in need of an artificial	61678
appliance would conflict with their state plan, adopted pursuant	61679
to the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	61680
701, the administrator or the administrator's designee or the	61681
bureau may obtain a recommendation from an amputee clinic or	61682
prescribing physician that they determine appropriate.	61683

(D) If an employee of a state fund employer makes application	61684
for a finding and the administrator finds that the employee has	61685
contracted silicosis as defined in division (X), or coal miners'	61686
pneumoconiosis as defined in division (Y), or asbestosis as	61687
defined in division (AA) of section 4123.68 of the Revised Code,	61688
and that a change of such employee's occupation is medically	61689
advisable in order to decrease substantially further exposure to	61690
silica dust, asbestos, or coal dust and if the employee, after the	61691
finding, has changed or shall change the employee's occupation to	61692
an occupation in which the exposure to silica dust, asbestos, or	61693
coal dust is substantially decreased, the administrator shall	61694
allow to the employee an amount equal to fifty per cent of the	61695
statewide average weekly wage per week for a period of thirty	61696
weeks, commencing as of the date of the discontinuance or change,	61697
and for a period of one hundred weeks immediately following the	61698
expiration of the period of thirty weeks, the employee shall	61699
receive sixty-six and two-thirds per cent of the loss of wages	61700
resulting directly and solely from the change of occupation but	61701
not to exceed a maximum of an amount equal to fifty per cent of	61702
the statewide average weekly wage per week. No such employee is	61703
entitled to receive more than one allowance on account of	61704
discontinuance of employment or change of occupation and benefits	61705
shall cease for any period during which the employee is employed	61706
in an occupation in which the exposure to silica dust, asbestos,	61707
or coal dust is not substantially less than the exposure in the	61708
occupation in which the employee was formerly employed or for any	61709
period during which the employee may be entitled to receive	61710
compensation or benefits under section 4123.68 of the Revised Code	61711
on account of disability from silicosis, asbestosis, or coal	61712
miners' pneumoconiosis. An award for change of occupation for a	61713
coal miner who has contracted coal miners' pneumoconiosis may be	61714
granted under this division even though the coal miner continues	61715
employment with the same employer, so long as the coal miner's	61716
employment subsequent to the change is such that the coal miner's	61717
exposure to coal dust is substantially decreased and a change of	61718
occupation is certified by the claimant as permanent. The	61719
administrator may accord to the employee medical and other	61720
benefits in accordance with section 4123.66 of the Revised Code.	61721

(E) If a firefighter or police officer makes application for	61722
a finding and the administrator finds that the firefighter or	61723
police officer has contracted a cardiovascular and pulmonary	61724
disease as defined in division (W) of section 4123.68 of the	61725
Revised Code, and that a change of the firefighter's or police	61726
officer's occupation is medically advisable in order to decrease	61727
substantially further exposure to smoke, toxic gases, chemical	61728
fumes, and other toxic vapors, and if the firefighter, or police	61729
officer, after the finding, has changed or changes occupation to	61730
an occupation in which the exposure to smoke, toxic gases,	61731
chemical fumes, and other toxic vapors is substantially decreased,	61732
the administrator shall allow to the firefighter or police officer	61733
an amount equal to fifty per cent of the statewide average weekly	61734
wage per week for a period of thirty weeks, commencing as of the	61735
date of the discontinuance or change, and for a period of	61736
seventy-five weeks immediately following the expiration of the	61737
period of thirty weeks the administrator shall allow the	61738
firefighter or police officer sixty-six and two-thirds per cent of	61739
the loss of wages resulting directly and solely from the change of	61740
occupation but not to exceed a maximum of an amount equal to fifty	61741
per cent of the statewide average weekly wage per week. No such	61742
firefighter or police officer is entitled to receive more than one	61743
allowance on account of discontinuance of employment or change of	61744
occupation and benefits shall cease for any period during which	61745
the firefighter or police officer is employed in an occupation in	61746
which the exposure to smoke, toxic gases, chemical fumes, and	61747
other toxic vapors is not substantially less than the exposure in	61748
the occupation in which the firefighter or police officer was	61749
formerly employed or for any period during which the firefighter	61750
or police officer may be entitled to receive compensation or	61751
benefits under section 4123.68 of the Revised Code on account of	61752
disability from a cardiovascular and pulmonary disease. The	61753
administrator may accord to the firefighter or police officer	61754
medical and other benefits in accordance with section 4123.66 of	61755
the Revised Code.	61756

(F) An order issued under this section is appealable pursuant	61757
to section 4123.511 of the Revised Code but is not appealable to	61758
court under section 4123.512 of the Revised Code.	61759

Sec. 4131.03. (A) For the relief of persons who are entitled	61760
to receive benefits by virtue of the federal act, there is hereby	61761
established a coal-workers pneumoconiosis fund, which shall be	61762
separate from the funds established and administered pursuant to	61763
Chapter 4123. of the Revised Code. The fund shall consist of	61764
premiums and other payments thereto by subscribers who elect to	61765
subscribe to the fund to insure the payment of benefits required	61766
by the federal act.	61767

(B)~~(1)~~ The coal-workers pneumoconiosis fund shall be in the	61768
custody of the treasurer of state. The bureau of workers'	61769
compensation shall make disbursements from the fund to those	61770
persons entitled to payment therefrom and in the amounts required	61771
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	61772
investment earnings of the fund shall be credited to the fund.	61773

~~(2) Beginning July 1, 2011, and ending June 30, 2013, the~~	61774
~~director of natural resources annually may request the~~	61775
~~administrator of workers' compensation to transfer a portion of~~	61776
~~the investment earnings credited to the coal-workers~~	61777
~~pneumoconiosis fund as provided in this division. If the~~	61778
~~administrator receives a request from the director, the~~	61779
~~administrator, on the first day of July, or as soon as possible~~	61780
~~after that date, shall transfer from the investment earnings~~	61781
~~credited to the coal-workers pneumoconiosis fund an amount not to~~	61782
~~exceed three million dollars to the mine safety fund created in~~	61783
~~section 1561.24 of the Revised Code for the purposes specified in~~	61784
~~that section and an amount not to exceed one million five hundred~~	61785
~~thousand dollars to the coal mining administration and reclamation~~	61786
~~reserve fund created in section 1513.181 of the Revised Code for~~	61787
~~the purposes specified in that section. The administrator, with~~	61788
~~the advice and consent of the bureau of workers' compensation~~	61789
~~board of directors, shall adopt rules governing the transfer in~~	61790
~~order to ensure the solvency of the coal-workers pneumoconiosis~~	61791
~~fund. For that purpose, the rules may establish tests based on~~	61792
~~measures of net assets, liabilities, expenses, interest, dividend~~	61793
~~income, or other factors that the administrator determines~~	61794
~~appropriate that may be applied prior to a transfer.~~	61795

(C) The administrator shall have the same powers to invest	61796
any of the surplus or reserve belonging to the coal-workers	61797
pneumoconiosis fund as are delegated to the administrator under	61798
section 4123.44 of the Revised Code with respect to the state	61799
insurance fund.	61800

(D) If the administrator determines that reinsurance of the	61801
risks of the coal-workers pneumoconiosis fund is necessary to	61802
assure solvency of the fund, the administrator may:	61803

(1) Enter into contracts for the purchase of reinsurance	61804
coverage of the risks of the fund with any company or agency	61805
authorized by law to issue contracts of reinsurance;	61806

(2) Pay the cost of reinsurance from the fund;

61807

(3) Include the costs of reinsurance as a liability and	61808
estimated liability of the fund.	61809

Sec. 4141.162. (A) The director of job and family services	61810
shall establish an income and eligibility verification system that	61811
complies with section 1137 of the "Social Security Act." The	61812
programs included in the system are all of the following:	61813

(1) Unemployment compensation pursuant to section 3304 of the	61814
"Internal Revenue Code of 1954";	61815

(2) The state programs funded in part under part A of Title	61816
IV of the "Social Security Act" and administered under Chapters	61817
5107. and 5108. of the Revised Code;	61818

(3) ~~Medicaid pursuant to Title XIX of the "Social Security~~	61819
~~Act"~~The medicaid program;	61820

(4) The supplemental nutrition assistance program pursuant to	61821
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.;	61822

(5) Any Ohio program under a plan approved under Title I, X,	61823
XIV, or XVI of the "Social Security Act."	61824

Wage information provided by employers to the director shall	61825
be furnished to the income and eligibility verification system.	61826
Such information shall be used by the director to determine	61827
eligibility of individuals for unemployment compensation benefits	61828
and the amount of those benefits and used by the agencies that	61829
administer the programs identified in divisions (A)(2) to (5) of	61830
this section to determine or verify eligibility for or the amount	61831
of benefits under those programs.	61832

The director shall fully implement the use of wage	61833
information to determine eligibility for and the amount of	61834
unemployment compensation benefits by September 30, 1988.	61835

Information furnished under the system shall also be made	61836
available to the appropriate state or local child support	61837
enforcement agency for the purposes of an approved plan under	61838
Title IV-D of the "Social Security Act" and to the appropriate	61839
federal agency for the purposes of Titles II and XVI of the	61840
"Social Security Act."	61841

(B) The director shall adopt rules as necessary under which	61842
the department of job and family services and other state agencies	61843
that the director determines must participate in order to ensure	61844
compliance with section 1137 of the "Social Security Act" exchange	61845
information with each other or authorized federal agencies about	61846
individuals who are applicants for or recipients of benefits under	61847
any of the programs enumerated in division (A) of this section.	61848
The rules shall extend to all of the following:	61849

(1) A requirement for standardized formats and procedures for	61850
a participating agency to request and receive information about an	61851
individual, which information shall include the individual's	61852
social security number;	61853

(2) A requirement that all applicants for and recipients of	61854
benefits under any program enumerated in division (A) of this	61855
section be notified at the time of application, and periodically	61856
thereafter, that information available through the system may be	61857
shared with agencies that administer other benefit programs and	61858
utilized in establishing or verifying eligibility or benefit	61859
amounts under the other programs enumerated in division (A) of	61860
this section;	61861

(3) A requirement that information is made available only to	61862
the extent necessary to assist in the valid administrative needs	61863
of the program receiving the information and is targeted for use	61864
in ways which are most likely to be productive in identifying and	61865
preventing ineligibility and incorrect payments;	61866

(4) A requirement that information is adequately protected	61867
against unauthorized disclosures for purposes other than to	61868
establish or verify eligibility or benefit amounts under the	61869
programs enumerated in division (A) of this section;	61870

(5) A requirement that a program providing information is	61871
reimbursed by the program using the information for the actual	61872
costs of furnishing the information and that the director be	61873
reimbursed by the participating programs for any actual costs	61874
incurred in operating the system;	61875

(6) Requirements for any other matters necessary to ensure	61876
the effective, efficient, and timely exchange of necessary	61877
information or that the director determines must be addressed in	61878
order to ensure compliance with the requirements of section 1137	61879
of the "Social Security Act."	61880

(C) Each participating agency shall furnish to the income and	61881
eligibility verification system established in division (A) of	61882
this section that information, which the director, by rule,	61883
determines is necessary in order to comply with section 1137 of	61884
the "Social Security Act."	61885

(D) Notwithstanding the information disclosure requirements	61886
of this section and section 4141.21 and division (A) of section	61887
4141.284 of the Revised Code, the director shall administer those	61888
provisions of law so as to comply with section 1137 of the "Social	61889
Security Act."	61890

(E) Requirements in section 4141.21 of the Revised Code with	61891
respect to confidentiality of information obtained in the	61892
administration of Chapter 4141. of the Revised Code and any	61893
sanctions imposed for improper disclosure of such information	61894
shall apply to the redisclosure of information disclosed under	61895
this section.	61896

(F) The director of job and family services shall consult	61897
with the medicaid director and the director of administrative	61898
services regarding the implementation of this section.	61899

Sec. 4301.10. (A) The division of liquor control shall do	61900
all of the following:	61901

(1) Control the traffic in beer and intoxicating liquor in	61902
this state, including the manufacture, importation, and sale of	61903
beer and intoxicating liquor;	61904

(2) Grant or refuse permits for the manufacture,	61905
distribution, transportation, and sale of beer and intoxicating	61906
liquor and the sale of alcohol, as authorized or required by this	61907
chapter and Chapter 4303. of the Revised Code. A certificate,	61908
signed by the superintendent of liquor control and to which is	61909
affixed the official seal of the division, stating that it appears	61910
from the records of the division that no permit has been issued to	61911
the person specified in the certificate, or that a permit, if	61912
issued, has been revoked, canceled, or suspended, shall be	61913
received as prima-facie evidence of the facts recited in the	61914
certificate in any court or before any officer of this state.	61915

(3) Put into operation, manage, and control a system of state	61916
liquor stores for the sale of spirituous liquor at retail and to	61917
holders of permits authorizing the sale of spirituous liquor;	61918
however, the division shall not establish any drive-in state	61919
liquor stores; and by means of those types of stores, and any	61920
manufacturing plants, distributing and bottling plants,	61921
warehouses, and other facilities that it considers expedient,	61922
establish and maintain a state monopoly of the distribution of	61923
spirituous liquor and its sale in packages or containers; and for	61924
that purpose, manufacture, buy, import, possess, and sell	61925
spirituous liquors as provided in this chapter and Chapter 4303.	61926
of the Revised Code, and in the rules promulgated by the	61927
superintendent of liquor control pursuant to those chapters; lease	61928
or in any manner acquire the use of any land or building required	61929
for any of those purposes; purchase any equipment that is	61930
required; and borrow money to carry on its business, and issue,	61931
sign, endorse, and accept notes, checks, and bills of exchange;	61932
but all obligations of the division created under authority of	61933
this division shall be a charge only upon the moneys received by	61934
the division from the sale of spirituous liquor and its other	61935
business transactions in connection with the sale of spirituous	61936
liquor, and shall not be general obligations of the state;	61937

(4) Enforce the administrative provisions of this chapter and	61938
Chapter 4303. of the Revised Code, and the rules and orders of the	61939
liquor control commission and the superintendent relating to the	61940
manufacture, importation, transportation, distribution, and sale	61941
of beer or intoxicating liquor. The attorney general, any	61942
prosecuting attorney, and any prosecuting officer of a municipal	61943
corporation or a municipal court shall, at the request of the	61944
division of liquor control or the department of public safety,	61945
prosecute any person charged with the violation of any provision	61946
in those chapters or of any section of the Revised Code relating	61947
to the manufacture, importation, transportation, distribution, and	61948
sale of beer or intoxicating liquor.	61949

(5) Determine the locations of all state liquor stores and	61950
manufacturing, distributing, and bottling plants required in	61951
connection with those stores, subject to this chapter and Chapter	61952
4303. of the Revised Code;	61953

(6) Conduct inspections of liquor permit premises to	61954
determine compliance with the administrative provisions of this	61955
chapter and Chapter 4303. of the Revised Code and the rules	61956
adopted under those provisions by the liquor control commission.	61957

Except as otherwise provided in division (A)(6) of this	61958
section, those inspections may be conducted only during those	61959
hours in which the permit holder is open for business and only by	61960
authorized agents or employees of the division or by any peace	61961
officer, as defined in section 2935.01 of the Revised Code.	61962
Inspections may be conducted at other hours only to determine	61963
compliance with laws or commission rules that regulate the hours	61964
of sale of beer or intoxicating liquor and only if the	61965
investigator has reasonable cause to believe that those laws or	61966
rules are being violated. Any inspection conducted pursuant to	61967
division (A)(6) of this section is subject to all of the following	61968
requirements:	61969

(a) The only property that may be confiscated is contraband,	61970
as defined in section 2901.01 of the Revised Code, or property	61971
that is otherwise necessary for evidentiary purposes.	61972

(b) A complete inventory of all property confiscated from the	61973
premises shall be given to the permit holder or the permit	61974
holder's agent or employee by the confiscating agent or officer at	61975
the conclusion of the inspection. At that time, the inventory	61976
shall be signed by the confiscating agent or officer, and the	61977
agent or officer shall give the permit holder or the permit	61978
holder's agent or employee the opportunity to sign the inventory.	61979

(c) Inspections conducted pursuant to division (A)(6) of this	61980
section shall be conducted in a reasonable manner. A finding by	61981
any court of competent jurisdiction that an inspection was not	61982
conducted in a reasonable manner in accordance with this section	61983
or any rules adopted by the commission may be considered grounds	61984
for suppression of evidence. A finding by the commission that an	61985
inspection was not conducted in a reasonable manner in accordance	61986
with this section or any rules adopted by it may be considered	61987
grounds for dismissal of the commission case.	61988

If any court of competent jurisdiction finds that property	61989
confiscated as the result of an administrative inspection is not	61990
necessary for evidentiary purposes and is not contraband, as	61991
defined in section 2901.01 of the Revised Code, the court shall	61992
order the immediate return of the confiscated property, provided	61993
that property is not otherwise subject to forfeiture, to the	61994
permit holder. However, the return of this property is not grounds	61995
for dismissal of the case. The commission likewise may order the	61996
return of confiscated property if no criminal prosecution is	61997
pending or anticipated.	61998

(7) Delegate to any of its agents or employees any power of	61999
investigation that the division possesses with respect to the	62000
enforcement of any of the administrative laws relating to beer or	62001
intoxicating liquor, provided that this division does not	62002
authorize the division to designate any agent or employee to serve	62003
as an enforcement agent. The employment and designation of	62004
enforcement agents shall be within the exclusive authority of the	62005
director of public safety pursuant to sections 5502.13 to 5502.19	62006
of the Revised Code.	62007

(8) Collect the following fees:

62008

(a) A biennial fifty-dollar registration fee for each agent,	62009
solicitor, trade marketing professional, or salesperson,	62010
registered pursuant to section 4303.25 of the Revised Code, of a	62011
beer or intoxicating liquor manufacturer, supplier, broker, trade	62012
marketing company, or wholesale distributor doing business in this	62013
state;	62014

(b) A fifty-dollar product registration fee for each new beer	62015
or intoxicating liquor product sold in this state. The product	62016
registration fee also applies to products sold in this state by	62017
B-2a and S permit holders. The product registration fee shall be	62018
accompanied by a copy of the federal label and product approval	62019
for the new product.	62020

(c) An annual three-hundred-dollar supplier registration fee	62021
from each manufacturer or supplier that produces and ships into	62022
this state, or ships into this state, intoxicating liquor or beer,	62023
in addition to an initial application fee of one hundred dollars.	62024
A manufacturer that produces and ships beer or wine into this	62025
state and that holds only an S permit is exempt from the supplier	62026
registration fee. A manufacturer that produces and ships wine into	62027
this state and that holds a B-2a permit shall pay an annual	62028
seventy-six-dollar supplier registration fee. A manufacturer that	62029
produces and ships wine into this state and that does not hold	62030
either an S or a B-2a permit, but that produces less than two	62031
hundred fifty thousand gallons of wine per year and that is	62032
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	62033
annual seventy-six-dollar supplier registration fee. A B-2a or S	62034
permit holder that does not sell its wine to wholesale	62035
distributors of wine in this state and an S permit holder that	62036
does not sell its beer to wholesale distributors of beer in this	62037
state shall not be required to submit to the division territory	62038
designation forms.	62039

Each supplier, agent, solicitor, trade marketing	62040
professional, or salesperson registration issued under this	62041
division shall authorize the person named to carry on the activity	62042
specified in the registration. Each agent, solicitor, trade	62043
marketing professional, or salesperson registration is valid for	62044
two years or for the unexpired portion of a two-year registration	62045
period. Each supplier registration is valid for one year or for	62046
the unexpired portion of a one-year registration period.	62047
Registrations shall end on their respective uniform expiration	62048
date, which shall be designated by the division, and are subject	62049
to suspension, revocation, cancellation, or fine as authorized by	62050
this chapter and Chapter 4303. of the Revised Code.	62051

As used in this division, "trade marketing company" and	62052
"trade marketing professional" have the same meanings as in	62053
section 4301.171 of the Revised Code.	62054

(9) Establish a system of electronic data interchange within	62055
the division and regulate the electronic transfer of information	62056
and funds among persons and governmental entities engaged in the	62057
manufacture, distribution, and retail sale of alcoholic beverages;	62058

(10) Notify all holders of retail permits of the forms of	62059
permissible identification for purposes of division (A) of section	62060
4301.639 of the Revised Code;	62061

(11) Exercise all other powers expressly or by necessary	62062
implication conferred upon the division by this chapter and	62063
Chapter 4303. of the Revised Code, and all powers necessary for	62064
the exercise or discharge of any power, duty, or function	62065
expressly conferred or imposed upon the division by those	62066
chapters.	62067

(B) The division may do all of the following:

62068

(1) Sue, but may be sued only in connection with the	62069
execution of leases of real estate and the purchases and contracts	62070
necessary for the operation of the state liquor stores that are	62071
made under this chapter and Chapter 4303. of the Revised Code;	62072

(2) Enter into leases and contracts of all descriptions and	62073
acquire and transfer title to personal property with regard to the	62074
sale, distribution, and storage of spirituous liquor within the	62075
state;	62076

(3) Terminate at will any lease entered into pursuant to	62077
division (B)(2) of this section upon first giving ninety days'	62078
notice in writing to the lessor of its intention to do so;	62079

(4) Fix the wholesale and retail prices at which the various	62080
classes, varieties, and brands of spirituous liquor shall be sold	62081
by the division. Those retail prices shall be the same at all	62082
state liquor stores, except to the extent that a price	62083
differential is required to collect a county sales tax levied	62084
pursuant to section 5739.021 of the Revised Code and for which tax	62085
the tax commissioner has authorized prepayment pursuant to section	62086
5739.05 of the Revised Code. In fixing selling prices, the	62087
division shall compute an anticipated gross profit at least	62088
sufficient to provide in each calendar year all costs and expenses	62089
of the division and also an adequate working capital reserve for	62090
the division. The gross profit shall not exceed forty per cent of	62091
the retail selling price based on costs of the division, and in	62092
addition the sum required by section 4301.12 of the Revised Code	62093
to be paid into the state treasury. An amount equal to one and	62094
one-half per cent of that gross profit shall be paid into the	62095
statewide treatment and prevention fund created by section 4301.30	62096
of the Revised Code and be appropriated by the general assembly	62097
from the fund to the department of ~~alcohol and drug addiction~~	62098
~~services~~mental health and addiction services as provided in	62099
section 4301.30 of the Revised Code.	62100

On spirituous liquor manufactured in this state from the	62101
juice of grapes or fruits grown in this state, the division shall	62102
compute an anticipated gross profit of not to exceed ten per cent.	62103

The wholesale prices fixed under this division shall be at a	62104
discount of not less than six per cent of the retail selling	62105
prices as determined by the division in accordance with this	62106
section.	62107

(C) The division may approve the expansion or diminution of a	62108
premises to which a liquor permit has been issued and may adopt	62109
standards governing such an expansion or diminution.	62110

Sec. 4301.30. (A) All fees collected by the division of	62111
liquor control shall be deposited in the state treasury to the	62112
credit of the undivided liquor permit fund, which is hereby	62113
created, at the time prescribed under section 4301.12 of the	62114
Revised Code. Each payment shall be accompanied by a statement	62115
showing separately the amount collected for each class of permits	62116
in each municipal corporation and in each township outside the	62117
limits of any municipal corporation in such township.	62118

(B)(1) An amount equal to forty-five per cent of the fund	62119
shall be paid from the fund into the state liquor regulatory fund,	62120
which is hereby created in the state treasury. The state liquor	62121
regulatory fund shall be used to pay the operating expenses of the	62122
division of liquor control in administering and enforcing Title	62123
XLIII of the Revised Code and the operating expenses of the liquor	62124
control commission. Investment earnings of the fund shall be	62125
credited to the fund.	62126

(2) Whenever, in the judgment of the director of budget and	62127
management, the amount of money that is in the state liquor	62128
regulatory fund is in excess of the amount that is needed to pay	62129
the operating expenses of the division in administering and	62130
enforcing Title XLIII of the Revised Code and the operating	62131
expenses of the commission, the director shall credit the excess	62132
amount to the general revenue fund.	62133

(C) Twenty per cent of the undivided liquor permit fund shall	62134
be paid into the statewide treatment and prevention fund, which is	62135
hereby created in the state treasury. This amount shall be	62136
appropriated by the general assembly, together with an amount	62137
equal to one and one-half per cent of the gross profit of the	62138
division of liquor control derived under division (B)(4) of	62139
section 4301.10 of the Revised Code, to the department of ~~alcohol~~	62140
~~and drug addiction services~~mental health and addiction services.	62141
In planning for the allocation of and in allocating these amounts	62142
for the purposes of Chapter ~~3793.~~5119. of the Revised Code, the	62143
department ~~of alcohol and drug addiction services~~ shall comply	62144
with the nondiscrimination provisions of Title VI of the Civil	62145
Rights Act of 1964, and any rules adopted under that act.	62146

(D) Thirty-five per cent of the undivided liquor permit fund	62147
shall be distributed by the superintendent of liquor control at	62148
quarterly calendar periods as follows:	62149

(1) To each municipal corporation, the aggregate amount shown	62150
by the statements to have been collected from permits in the	62151
municipal corporation, for the use of the general fund of the	62152
municipal corporation;	62153

(2) To each township, the aggregate amount shown by the	62154
statements to have been collected from permits in its territory,	62155
outside the limits of any municipal corporation located in the	62156
township, for the use of the general fund of the township, or for	62157
fire protection purposes, including buildings and equipment in the	62158
township or in an established fire district within the township,	62159
to the extent that the funds are derived from liquor permits	62160
within the territory comprising such fire district.	62161

(E) For the purpose of the distribution required by this	62162
section, E, H, and D permits covering boats or vessels are deemed	62163
to have been issued in the municipal corporation or township	62164
wherein the owner or operator of the vehicle, boat, vessel, or	62165
dining car equipment to which the permit relates has the owner's	62166
or operator's principal office or place of business within the	62167
state.	62168

(F) If the liquor control commission determines that the	62169
police or other officers of any municipal corporation or township	62170
entitled to share in distributions under this section are refusing	62171
or culpably neglecting to enforce this chapter and Chapter 4303.	62172
of the Revised Code, or the penal laws of this state relating to	62173
the manufacture, importation, transportation, distribution, and	62174
sale of beer and intoxicating liquors, or if the prosecuting	62175
officer of a municipal corporation or a municipal court fails to	62176
comply with the request of the commission authorized by division	62177
(A)(4) of section 4301.10 of the Revised Code, the commission, by	62178
certified mail, may notify the chief executive officer of the	62179
municipal corporation or the board of township trustees of the	62180
township of the failure and require the immediate cooperation of	62181
the responsible officers of the municipal corporation or township	62182
with the division of liquor control in the enforcement of those	62183
chapters and penal laws. Within thirty days after the notice is	62184
served, the commission shall determine whether the requirement has	62185
been complied with. If the commission determines that the	62186
requirement has not been complied with, it may issue an order to	62187
the superintendent to withhold the distributive share of the	62188
municipal corporation or township until further order of the	62189
commission. This action of the commission is reviewable within	62190
thirty days thereafter in the court of common pleas of Franklin	62191
county.	62192

(G) All fees collected by the division of liquor control from	62193
the issuance or renewal of B-2a and S permits, and paid by B-2a	62194
and S permit holders who do not also hold A-2 permits, shall be	62195
deposited in the state treasury to the credit of the state liquor	62196
regulatory fund. Once during each fiscal year, an amount equal to	62197
fifty per cent of the fees collected shall be paid from the state	62198
liquor regulatory fund into the general revenue fund.	62199

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	62200
the Revised Code:	62201

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	62202
fluid ounces.	62203

(2) "Sale" or "sell" includes exchange, barter, gift,	62204
distribution, and, except with respect to A-4 permit holders,	62205
offer for sale.	62206

(B) For the purposes of providing revenues for the support of	62207
the state and encouraging the grape industries in the state, a tax	62208
is hereby levied on the sale or distribution of wine in Ohio,	62209
except for known sacramental purposes, at the rate of thirty cents	62210
per wine gallon for wine containing not less than four per cent of	62211
alcohol by volume and not more than fourteen per cent of alcohol	62212
by volume, ninety-eight cents per wine gallon for wine containing	62213
more than fourteen per cent but not more than twenty-one per cent	62214
of alcohol by volume, one dollar and eight cents per wine gallon	62215
for vermouth, and one dollar and forty-eight cents per wine gallon	62216
for sparkling and carbonated wine and champagne, the tax to be	62217
paid by the holders of A-2 and B-5 permits or by any other person	62218
selling or distributing wine upon which no tax has been paid. From	62219
the tax paid under this section on wine, vermouth, and sparkling	62220
and carbonated wine and champagne, the treasurer of state shall	62221
credit to the Ohio grape industries fund created under section	62222
924.54 of the Revised Code a sum equal to one cent per gallon for	62223
each gallon upon which the tax is paid.	62224

(C) For the purpose of providing revenues for the support of	62225
the state, there is hereby levied a tax on prepared and bottled	62226
highballs, cocktails, cordials, and other mixed beverages at the	62227
rate of one dollar and twenty cents per wine gallon to be paid by	62228
holders of A-4 permits or by any other person selling or	62229
distributing those products upon which no tax has been paid. Only	62230
one sale of the same article shall be used in computing the amount	62231
of tax due. The tax on mixed beverages to be paid by holders of	62232
A-4 permits under this section shall not attach until the	62233
ownership of the mixed beverage is transferred for valuable	62234
consideration to a wholesaler or retailer, and no payment of the	62235
tax shall be required prior to that time.	62236

(D) During the period of July 1, ~~2011~~2013, through June 30,	62237
~~2013~~2015, from the tax paid under this section on wine, vermouth,	62238
and sparkling and carbonated wine and champagne, the treasurer of	62239
state shall credit to the Ohio grape industries fund created under	62240
section 924.54 of the Revised Code a sum equal to two cents per	62241
gallon upon which the tax is paid. The amount credited under this	62242
division is in addition to the amount credited to the Ohio grape	62243
industries fund under division (B) of this section.	62244

(E) For the purpose of providing revenues for the support of	62245
the state, there is hereby levied a tax on cider at the rate of	62246
twenty-four cents per wine gallon to be paid by the holders of A-2	62247
and B-5 permits or by any other person selling or distributing	62248
cider upon which no tax has been paid. Only one sale of the same	62249
article shall be used in computing the amount of the tax due.	62250

Sec. 4305.131. (A) If any permit holder fails to pay the	62251
taxes levied by section 4301.42, 4301.43, 4301.432, or 4305.01 of	62252
the Revised Code in the manner prescribed by section 4303.33 of	62253
the Revised Code, or by section 4301.421 or 4301.424 of the	62254
Revised Code in the manner prescribed in section 4301.422 of the	62255
Revised Code, and by the rules of the tax commissioner, the	62256
commissioner may make an assessment against the permit holder	62257
based upon any information in the commissioner's possession.	62258

No assessment shall be made against any permit holder for any	62259
taxes imposed by section 4301.42, 4301.421, 4301.424, 4301.43,	62260
4301.432, or 4305.01 of the Revised Code more than three years	62261
after the last day of the calendar month in which the sale was	62262
made or more than three years after the return for that period is	62263
filed, whichever is later. This section does not bar an assessment	62264
against any permit holder or registrant as provided in section	62265
4303.331 of the Revised Code who fails to file a return as	62266
required by section 4301.422 or 4303.33 of the Revised Code, or	62267
who files a fraudulent return.	62268

A penalty of up to thirty per cent may be added to the amount	62269
of every assessment made under this section. The commissioner may	62270
adopt rules providing for the imposition and remission of	62271
penalties added to assessments made under this section.	62272

The commissioner shall give the party assessed written notice	62273
of the assessment in the manner provided in section 5703.37 of the	62274
Revised Code. With the notice, the commissioner shall provide	62275
instructions on how to petition for reassessment and request a	62276
hearing on the petition.	62277

(B) Unless the party assessed files with the tax commissioner	62278
within sixty days after service of the notice of assessment,	62279
either personally or by certified mail, a written petition for	62280
reassessment, signed by the party assessed or that party's	62281
authorized agent having knowledge of the facts, the assessment	62282
becomes final and the amount of the assessment is due and payable	62283
from the party assessed to the treasurer of state. The petition	62284
shall indicate the objections of the party assessed, but	62285
additional objections may be raised in writing if received by the	62286
commissioner prior to the date shown on the final determination.	62287
If the petition has been properly filed, the commissioner shall	62288
proceed under section 5703.60 of the Revised Code.	62289

(C) After an assessment becomes final, if any portion of the	62290
assessment remains unpaid, including accrued interest, a certified	62291
copy of the tax commissioner's entry making the assessment final	62292
may be filed in the office of the clerk of the court of common	62293
pleas in the county in which the permit holder's place of business	62294
is located or the county in which the party assessed resides. If	62295
the party assessed maintains no place of business in this state	62296
and is not a resident of this state, the certified copy of the	62297
entry may be filed in the office of the clerk of the court of	62298
common pleas of Franklin county.	62299

Immediately upon the filing of the entry, the clerk shall	62300
enter a judgment for the state against the party assessed in the	62301
amount shown on the entry. The judgment may be filed by the clerk	62302
in a loose-leaf book entitled "special judgments for state beer	62303
and liquor sales taxes," and shall have the same effect as other	62304
judgments. Execution shall issue upon the judgment upon the	62305
request of the commissioner, and all laws applicable to sales on	62306
execution shall apply to sales made under the judgment, except as	62307
otherwise provided in this chapter and Chapters 4301. and 4307. of	62308
the Revised Code.	62309

~~The portion of~~If the assessment is not paid in its entirety	62310
within sixty days after the day the assessment was issued, the	62311
portion of the assessment consisting of tax due shall bear	62312
interest at the rate per annum prescribed by section 5703.47 of	62313
the Revised Code from the day the commissioner issues the	62314
assessment until it is paid or until it is certified to the	62315
attorney general for collection under section 131.02 of the	62316
Revised Code, whichever comes first. If the unpaid portion of the	62317
assessment is certified to the attorney general for collection,	62318
the entire unpaid portion of the assessment shall bear interest at	62319
the rate per annum prescribed by section 5703.47 of the Revised	62320
Code from the date of certification until the date it is paid in	62321
its entirety. Interest shall be paid in the same manner as the tax	62322
and may be collected by the issuance of an assessment under this	62323
section.	62324

(D) All money collected under this section shall be	62325
considered as revenue arising from the taxes imposed by sections	62326
4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the	62327
Revised Code.	62328

Sec. 4503.06. (A) The owner of each manufactured or mobile	62329
home that has acquired situs in this state shall pay either a real	62330
property tax pursuant to Title LVII of the Revised Code or a	62331
manufactured home tax pursuant to division (C) of this section.	62332

(B) The owner of a manufactured or mobile home shall pay real	62333
property taxes if either of the following applies:	62334

(1) The manufactured or mobile home acquired situs in the	62335
state or ownership in the home was transferred on or after January	62336
1, 2000, and all of the following apply:	62337

(a) The home is affixed to a permanent foundation as defined	62338
in division (C)(5) of section 3781.06 of the Revised Code.	62339

(b) The home is located on land that is owned by the owner of	62340
the home.	62341

(c) The certificate of title has been inactivated by the	62342
clerk of the court of common pleas that issued it, pursuant to	62343
division (H) of section 4505.11 of the Revised Code.	62344

(2) The manufactured or mobile home acquired situs in the	62345
state or ownership in the home was transferred before January 1,	62346
2000, and all of the following apply:	62347

(a) The home is affixed to a permanent foundation as defined	62348
in division (C)(5) of section 3781.06 of the Revised Code.	62349

(b) The home is located on land that is owned by the owner of	62350
the home.	62351

(c) The owner of the home has elected to have the home taxed	62352
as real property and, pursuant to section 4505.11 of the Revised	62353
Code, has surrendered the certificate of title to the auditor of	62354
the county containing the taxing district in which the home has	62355
its situs, together with proof that all taxes have been paid.	62356

(d) The county auditor has placed the home on the real	62357
property tax list and delivered the certificate of title to the	62358
clerk of the court of common pleas that issued it and the clerk	62359
has inactivated the certificate.	62360

(C)(1) Any mobile or manufactured home that is not taxed as	62361
real property as provided in division (B) of this section is	62362
subject to an annual manufactured home tax, payable by the owner,	62363
for locating the home in this state. The tax as levied in this	62364
section is for the purpose of supplementing the general revenue	62365
funds of the local subdivisions in which the home has its situs	62366
pursuant to this section.	62367

(2) The year for which the manufactured home tax is levied	62368
commences on the first day of January and ends on the following	62369
thirty-first day of December. The state shall have the first lien	62370
on any manufactured or mobile home on the list for the amount of	62371
taxes, penalties, and interest charged against the owner of the	62372
home under this section. The lien of the state for the tax for a	62373
year shall attach on the first day of January to a home that has	62374
acquired situs on that date. The lien for a home that has not	62375
acquired situs on the first day of January, but that acquires	62376
situs during the year, shall attach on the next first day of	62377
January. The lien shall continue until the tax, including any	62378
penalty or interest, is paid.	62379

(3)(a) The situs of a manufactured or mobile home located in	62380
this state on the first day of January is the local taxing	62381
district in which the home is located on that date.	62382

(b) The situs of a manufactured or mobile home not located in	62383
this state on the first day of January, but located in this state	62384
subsequent to that date, is the local taxing district in which the	62385
home is located thirty days after it is acquired or first enters	62386
this state.	62387

(4) The tax is collected by and paid to the county treasurer	62388
of the county containing the taxing district in which the home has	62389
its situs.	62390

(D) The manufactured home tax shall be computed and assessed	62391
by the county auditor of the county containing the taxing district	62392
in which the home has its situs as follows:	62393

(1) On a home that acquired situs in this state prior to	62394
January 1, 2000:	62395

(a) By multiplying the assessable value of the home by the	62396
tax rate of the taxing district in which the home has its situs,	62397
and deducting from the product thus obtained any reduction	62398
authorized under section 4503.065 of the Revised Code. The tax	62399
levied under this formula shall not be less than thirty-six	62400
dollars, unless the home qualifies for a reduction in assessable	62401
value under section 4503.065 of the Revised Code, in which case	62402
there shall be no minimum tax and the tax shall be the amount	62403
calculated under this division.	62404

(b) The assessable value of the home shall be forty per cent	62405
of the amount arrived at by the following computation:	62406

(i) If the cost to the owner, or market value at time of	62407
purchase, whichever is greater, of the home includes the	62408
furnishings and equipment, such cost or market value shall be	62409
multiplied according to the following schedule:	62410

For the first calendar year			62411
in which the			62412
home is owned by the			62413
current owner	x	80%	62414
2nd calendar year	x	75%	62415
3rd "	x	70%	62416
4th "	x	65%	62417
5th "	x	60%	62418
6th "	x	55%	62419
7th "	x	50%	62420
8th "	x	45%	62421
9th "	x	40%	62422
10th and each year thereafter	x	35%	62423

The first calendar year means any period between the first	62424
day of January and the thirty-first day of December of the first	62425
year.	62426

(ii) If the cost to the owner, or market value at the time of	62427
purchase, whichever is greater, of the home does not include the	62428
furnishings and equipment, such cost or market value shall be	62429
multiplied according to the following schedule:	62430

For the first calendar year			62431
in which the			62432
home is owned by the			62433
current owner	x	95%	62434
2nd calendar year	x	90%	62435
3rd "	x	85%	62436
4th "	x	80%	62437
5th "	x	75%	62438
6th "	x	70%	62439
7th "	x	65%	62440
8th "	x	60%	62441
9th "	x	55%	62442
10th and each year thereafter	x	50%	62443

The first calendar year means any period between the first	62444
day of January and the thirty-first day of December of the first	62445
year.	62446

(2) On a home in which ownership was transferred or that	62447
first acquired situs in this state on or after January 1, 2000:	62448

(a) By multiplying the assessable value of the home by the	62449
effective tax rate, as defined in section 323.08 of the Revised	62450
Code, for residential real property of the taxing district in	62451
which the home has its situs, and deducting from the product thus	62452
obtained the reductions required or authorized under section	62453
319.302, division (B) of section 323.152, or section 4503.065 of	62454
the Revised Code.	62455

(b) The assessable value of the home shall be thirty-five per	62456
cent of its true value as determined under division (L) of this	62457
section.	62458

(3) On or before the fifteenth day of January each year, the	62459
county auditor shall record the assessable value and the amount of	62460
tax on the manufactured or mobile home on the tax list and deliver	62461
a duplicate of the list to the county treasurer. In the case of an	62462
emergency as defined in section 323.17 of the Revised Code, the	62463
tax commissioner, by journal entry, may extend the times for	62464
delivery of the duplicate for an additional fifteen days upon	62465
receiving a written application from the county auditor regarding	62466
an extension for the delivery of the duplicate, or from the county	62467
treasurer regarding an extension of the time for the billing and	62468
collection of taxes. The application shall contain a statement	62469
describing the emergency that will cause the unavoidable delay and	62470
must be received by the tax commissioner on or before the last day	62471
of the month preceding the day delivery of the duplicate is	62472
otherwise required. When an extension is granted for delivery of	62473
the duplicate, the time period for payment of taxes shall be	62474
extended for a like period of time. When a delay in the closing of	62475
a tax collection period becomes unavoidable, the tax commissioner,	62476
upon application by the county auditor and county treasurer, may	62477
order the time for payment of taxes to be extended if the tax	62478
commissioner determines that penalties have accrued or would	62479
otherwise accrue for reasons beyond the control of the taxpayers	62480
of the county. The order shall prescribe the final extended date	62481
for payment of taxes for that collection period.	62482

(4) After January 1, 1999, the owner of a manufactured or	62483
mobile home taxed pursuant to division (D)(1) of this section may	62484
elect to have the home taxed pursuant to division (D)(2) of this	62485
section by filing a written request with the county auditor of the	62486
taxing district in which the home is located on or before the	62487
first day of December of any year. Upon the filing of the request,	62488
the county auditor shall determine whether all taxes levied under	62489
division (D)(1) of this section have been paid, and if those taxes	62490
have been paid, the county auditor shall tax the manufactured or	62491
mobile home pursuant to division (D)(2) of this section commencing	62492
in the next tax year.	62493

(5) A manufactured or mobile home that acquired situs in this	62494
state prior to January 1, 2000, shall be taxed pursuant to	62495
division (D)(2) of this section if no manufactured home tax had	62496
been paid for the home and the home was not exempted from taxation	62497
pursuant to division (E) of this section for the year for which	62498
the taxes were not paid.	62499

(6)(a) Immediately upon receipt of any manufactured home tax	62500
duplicate from the county auditor, but not less than twenty days	62501
prior to the last date on which the first one-half taxes may be	62502
paid without penalty as prescribed in division (F) of this	62503
section, the county treasurer shall cause to be prepared and	62504
mailed or delivered to each person charged on that duplicate with	62505
taxes, or to an agent designated by such person, the tax bill	62506
prescribed by the tax commissioner under division (D)(7) of this	62507
section. When taxes are paid by installments, the county treasurer	62508
shall mail or deliver to each person charged on such duplicate or	62509
the agent designated by that person a second tax bill showing the	62510
amount due at the time of the second tax collection. The second	62511
half tax bill shall be mailed or delivered at least twenty days	62512
prior to the close of the second half tax collection period. A	62513
change in the mailing address of any tax bill shall be made in	62514
writing to the county treasurer. Failure to receive a bill	62515
required by this section does not excuse failure or delay to pay	62516
any taxes shown on the bill or, except as provided in division	62517
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	62518
interest, or charge for such delay.	62519

(b) After delivery of the copy of the delinquent manufactured	62520
home tax list under division (H) of this section, the county	62521
treasurer may prepare and mail to each person in whose name a home	62522
is listed an additional tax bill showing the total amount of	62523
delinquent taxes charged against the home as shown on the list.	62524
The tax bill shall include a notice that the interest charge	62525
prescribed by division (G) of this section has begun to accrue.	62526

(7) Each tax bill prepared and mailed or delivered under	62527
division (D)(6) of this section shall be in the form and contain	62528
the information required by the tax commissioner. The commissioner	62529
may prescribe different forms for each county and may authorize	62530
the county auditor to make up tax bills and tax receipts to be	62531
used by the county treasurer. The tax bill shall not contain or be	62532
mailed or delivered with any information or material that is not	62533
required by this section or that is not authorized by section	62534
321.45 of the Revised Code or by the tax commissioner. In addition	62535
to the information required by the commissioner, each tax bill	62536
shall contain the following information:	62537

(a) The taxes levied and the taxes charged and payable	62538
against the manufactured or mobile home;	62539

(b) The following notice: "Notice: If the taxes are not paid	62540
within sixty days after the county auditor delivers the delinquent	62541
manufactured home tax list to the county treasurer, you and your	62542
home may be subject to collection proceedings for tax	62543
delinquency." Failure to provide such notice has no effect upon	62544
the validity of any tax judgment to which a home may be subjected.	62545

(c) In the case of manufactured or mobile homes taxed under	62546
division (D)(2) of this section, the following additional	62547
information:	62548

(i) The effective tax rate. The words "effective tax rate"	62549
shall appear in boldface type.	62550

(ii) The following notice: "Notice: If the taxes charged	62551
against this home have been reduced by the 2-1/2 per cent tax	62552
reduction for residences occupied by the owner but the home is not	62553
a residence occupied by the owner, the owner must notify the	62554
county auditor's office not later than March 31 of the year for	62555
which the taxes are due. Failure to do so may result in the owner	62556
being convicted of a fourth degree misdemeanor, which is	62557
punishable by imprisonment up to 30 days, a fine up to $250, or	62558
both, and in the owner having to repay the amount by which the	62559
taxes were erroneously or illegally reduced, plus any interest	62560
that may apply.	62561

If the taxes charged against this home have not been reduced	62562
by the 2-1/2 per cent tax reduction and the home is a residence	62563
occupied by the owner, the home may qualify for the tax reduction.	62564
To obtain an application for the tax reduction or further	62565
information, the owner may contact the county auditor's office at	62566
.......... (insert the address and telephone number of the county	62567
auditor's office)."	62568

(E)(1) A manufactured or mobile home is not subject to this	62569
section when any of the following applies:	62570

(a) It is taxable as personal property pursuant to section	62571
5709.01 of the Revised Code. Any manufactured or mobile home that	62572
is used as a residence shall be subject to this section and shall	62573
not be taxable as personal property pursuant to section 5709.01 of	62574
the Revised Code.	62575

(b) It bears a license plate issued by any state other than	62576
this state unless the home is in this state in excess of an	62577
accumulative period of thirty days in any calendar year.	62578

(c) The annual tax has been paid on the home in this state	62579
for the current year.	62580

(d) The tax commissioner has determined, pursuant to section	62581
5715.27 of the Revised Code, that the property is exempt from	62582
taxation, or would be exempt from taxation under Chapter 5709. of	62583
the Revised Code if it were classified as real property.	62584

(2) A travel trailer or park trailer, as these terms are	62585
defined in section 4501.01 of the Revised Code, is not subject to	62586
this section if it is unused or unoccupied and stored at the	62587
owner's normal place of residence or at a recognized storage	62588
facility.	62589

(3) A travel trailer or park trailer, as these terms are	62590
defined in section 4501.01 of the Revised Code, is subject to this	62591
section and shall be taxed as a manufactured or mobile home if it	62592
has a situs longer than thirty days in one location and is	62593
connected to existing utilities, unless either of the following	62594
applies:	62595

(a) The situs is in a state facility or a camping or park	62596
area as defined in division (C), (Q), (S), or (V) of section	62597
3729.01 of the Revised Code.	62598

(b) The situs is in a camping or park area that is a tract of	62599
land that has been limited to recreational use by deed or zoning	62600
restrictions and subdivided for sale of five or more individual	62601
lots for the express or implied purpose of occupancy by either	62602
self-contained recreational vehicles as defined in division (T) of	62603
section 3729.01 of the Revised Code or by dependent recreational	62604
vehicles as defined in division (D) of section 3729.01 of the	62605
Revised Code.	62606

(F) Except as provided in division (D)(3) of this section,	62607
the manufactured home tax is due and payable as follows:	62608

(1) When a manufactured or mobile home has a situs in this	62609
state, as provided in this section, on the first day of January,	62610
one-half of the amount of the tax is due and payable on or before	62611
the first day of March and the balance is due and payable on or	62612
before the thirty-first day of July. At the option of the owner of	62613
the home, the tax for the entire year may be paid in full on the	62614
first day of March.	62615

(2) When a manufactured or mobile home first acquires a situs	62616
in this state after the first day of January, no tax is due and	62617
payable for that year.	62618

(G)(1)(a) Except as otherwise provided in division (G)(1)(b)	62619
of this section, if one-half of the current taxes charged under	62620
this section against a manufactured or mobile home, together with	62621
the full amount of any delinquent taxes, are not paid on or before	62622
the first day of March in that year, or on or before the last day	62623
for such payment as extended pursuant to section 4503.063 of the	62624
Revised Code, a penalty of ten per cent shall be charged against	62625
the unpaid balance of such half of the current taxes. If the total	62626
amount of all such taxes is not paid on or before the thirty-first	62627
day of July, next thereafter, or on or before the last day for	62628
payment as extended pursuant to section 4503.063 of the Revised	62629
Code, a like penalty shall be charged on the balance of the total	62630
amount of the unpaid current taxes.	62631

(b) After a valid delinquent tax contract that includes	62632
unpaid current taxes from a first-half collection period described	62633
in division (F) of this section has been entered into under	62634
section 323.31 of the Revised Code, no ten per cent penalty shall	62635
be charged against such taxes after the second-half collection	62636
period while the delinquent tax contract remains in effect. On the	62637
day a delinquent tax contract becomes void, the ten per cent	62638
penalty shall be charged against such taxes and shall equal the	62639
amount of penalty that would have been charged against unpaid	62640
current taxes outstanding on the date on which the second-half	62641
penalty would have been charged thereon under division (G)(1)(a)	62642
of this section if the contract had not been in effect.	62643

(2)(a) On the first day of the month following the last day	62644
the second installment of taxes may be paid without penalty	62645
beginning in 2000, interest shall be charged against and computed	62646
on all delinquent taxes other than the current taxes that became	62647
delinquent taxes at the close of the last day such second	62648
installment could be paid without penalty. The charge shall be for	62649
interest that accrued during the period that began on the	62650
preceding first day of December and ended on the last day of the	62651
month that included the last date such second installment could be	62652
paid without penalty. The interest shall be computed at the rate	62653
per annum prescribed by section 5703.47 of the Revised Code and	62654
shall be entered as a separate item on the delinquent manufactured	62655
home tax list compiled under division (H) of this section.	62656

(b) On the first day of December beginning in 2000, the	62657
interest shall be charged against and computed on all delinquent	62658
taxes. The charge shall be for interest that accrued during the	62659
period that began on the first day of the month following the last	62660
date prescribed for the payment of the second installment of taxes	62661
in the current year and ended on the immediately preceding last	62662
day of November. The interest shall be computed at the rate per	62663
annum prescribed by section 5703.47 of the Revised Code and shall	62664
be entered as a separate item on the delinquent manufactured home	62665
tax list.	62666

(c) After a valid undertaking has been entered into for the	62667
payment of any delinquent taxes, no interest shall be charged	62668
against such delinquent taxes while the undertaking remains in	62669
effect in compliance with section 323.31 of the Revised Code. If a	62670
valid undertaking becomes void, interest shall be charged against	62671
the delinquent taxes for the periods that interest was not	62672
permitted to be charged while the undertaking was in effect. The	62673
interest shall be charged on the day the undertaking becomes void	62674
and shall equal the amount of interest that would have been	62675
charged against the unpaid delinquent taxes outstanding on the	62676
dates on which interest would have been charged thereon under	62677
divisions (G)(1) and (2) of this section had the undertaking not	62678
been in effect.	62679

(3) If the full amount of the taxes due at either of the	62680
times prescribed by division (F) of this section is paid within	62681
ten days after such time, the county treasurer shall waive the	62682
collection of and the county auditor shall remit one-half of the	62683
penalty provided for in this division for failure to make that	62684
payment by the prescribed time.	62685

(4) The treasurer shall compile and deliver to the county	62686
auditor a list of all tax payments the treasurer has received as	62687
provided in division (G)(3) of this section. The list shall	62688
include any information required by the auditor for the remission	62689
of the penalties waived by the treasurer. The taxes so collected	62690
shall be included in the settlement next succeeding the settlement	62691
then in process.	62692

(H)(1) The county auditor shall compile annually a	62693
"delinquent manufactured home tax list" consisting of homes the	62694
county treasurer's records indicate have taxes that were not paid	62695
within the time prescribed by divisions (D)(3) and (F) of this	62696
section, have taxes that remain unpaid from prior years, or have	62697
unpaid tax penalties or interest that have been assessed.	62698

(2) Within thirty days after the settlement under division	62699
(H)(2) of section 321.24 of the Revised Code, the county auditor	62700
shall deliver a copy of the delinquent manufactured home tax list	62701
to the county treasurer. The auditor shall update and publish the	62702
delinquent manufactured home tax list annually in the same manner	62703
as delinquent real property tax lists are published. The county	62704
auditor may apportion the cost of publishing the list among taxing	62705
districts in proportion to the amount of delinquent manufactured	62706
home taxes so published that each taxing district is entitled to	62707
receive upon collection of those taxes, or the county auditor may	62708
charge the owner of a home on the list a flat fee established	62709
under section 319.54 of the Revised Code for the cost of	62710
publishing the list and, if the fee is not paid, may place the fee	62711
upon the delinquent manufactured home tax list as a lien on the	62712
listed home, to be collected as other manufactured home taxes.	62713

(3) When taxes, penalties, or interest are charged against a	62714
person on the delinquent manufactured home tax list and are not	62715
paid within sixty days after the list is delivered to the county	62716
treasurer, the county treasurer shall, in addition to any other	62717
remedy provided by law for the collection of taxes, penalties, and	62718
interest, enforce collection of such taxes, penalties, and	62719
interest by civil action in the name of the treasurer against the	62720
owner for the recovery of the unpaid taxes following the	62721
procedures for the recovery of delinquent real property taxes in	62722
sections 323.25 to 323.28 of the Revised Code. The action may be	62723
brought in municipal or county court, provided the amount charged	62724
does not exceed the monetary limitations for original jurisdiction	62725
for civil actions in those courts.	62726

It is sufficient, having made proper parties to the suit, for	62727
the county treasurer to allege in the treasurer's bill of	62728
particulars or petition that the taxes stand chargeable on the	62729
books of the county treasurer against such person, that they are	62730
due and unpaid, and that such person is indebted in the amount of	62731
taxes appearing to be due the county. The treasurer need not set	62732
forth any other matter relating thereto. If it is found on the	62733
trial of the action that the person is indebted to the state,	62734
judgment shall be rendered in favor of the county treasurer	62735
prosecuting the action. The judgment debtor is not entitled to the	62736
benefit of any law for stay of execution or exemption of property	62737
from levy or sale on execution in the enforcement of the judgment.	62738

Upon the filing of an entry of confirmation of sale or an	62739
order of forfeiture in a proceeding brought under this division,	62740
title to the manufactured or mobile home shall be in the	62741
purchaser. The clerk of courts shall issue a certificate of title	62742
to the purchaser upon presentation of proof of filing of the entry	62743
of confirmation or order and, in the case of a forfeiture,	62744
presentation of the county auditor's certificate of sale.	62745

(I) The total amount of taxes collected shall be distributed	62746
in the following manner: four per cent shall be allowed as	62747
compensation to the county auditor for the county auditor's	62748
service in assessing the taxes; two per cent shall be allowed as	62749
compensation to the county treasurer for the services the county	62750
treasurer renders as a result of the tax levied by this section.	62751
Such amounts shall be paid into the county treasury, to the credit	62752
of the county general revenue fund, on the warrant of the county	62753
auditor. Fees to be paid to the credit of the real estate	62754
assessment fund shall be collected pursuant to division (C) of	62755
section 319.54 of the Revised Code and paid into the county	62756
treasury, on the warrant of the county auditor. The balance of the	62757
taxes collected shall be distributed among the taxing subdivisions	62758
of the county in which the taxes are collected and paid in the	62759
same ratio as those taxes were collected for the benefit of the	62760
taxing subdivision. The taxes levied and revenues collected under	62761
this section shall be in lieu of any general property tax and any	62762
tax levied with respect to the privilege of using or occupying a	62763
manufactured or mobile home in this state except as provided in	62764
sections 4503.04 and 5741.02 of the Revised Code.	62765

(J) An agreement to purchase or a bill of sale for a	62766
manufactured home shall show whether or not the furnishings and	62767
equipment are included in the purchase price.	62768

(K) If the county treasurer and the county prosecuting	62769
attorney agree that an item charged on the delinquent manufactured	62770
home tax list is uncollectible, they shall certify that	62771
determination and the reasons to the county board of revision. If	62772
the board determines the amount is uncollectible, it shall certify	62773
its determination to the county auditor, who shall strike the item	62774
from the list.	62775

(L)(1) The county auditor shall appraise at its true value	62776
any manufactured or mobile home in which ownership is transferred	62777
or which first acquires situs in this state on or after January 1,	62778
2000, and any manufactured or mobile home the owner of which has	62779
elected, under division (D)(4) of this section, to have the home	62780
taxed under division (D)(2) of this section. The true value shall	62781
include the value of the home, any additions, and any fixtures,	62782
but not any furnishings in the home. In determining the true value	62783
of a manufactured or mobile home, the auditor shall consider all	62784
facts and circumstances relating to the value of the home,	62785
including its age, its capacity to function as a residence, any	62786
obsolete characteristics, and other factors that may tend to prove	62787
its true value.	62788

(2)(a) If a manufactured or mobile home has been the subject	62789
of an arm's length sale between a willing seller and a willing	62790
buyer within a reasonable length of time prior to the	62791
determination of true value, the county auditor shall consider the	62792
sale price of the home to be the true value for taxation purposes.	62793

(b) The sale price in an arm's length transaction between a	62794
willing seller and a willing buyer shall not be considered the	62795
true value of the home if either of the following occurred after	62796
the sale:	62797

(i) The home has lost value due to a casualty.

62798

(ii) An addition or fixture has been added to the home.

62799

(3) The county auditor shall have each home viewed and	62800
appraised ~~at least once in each six-year period in the same~~each	62801
year in which real property in the county is appraised pursuant to	62802
Chapter 5713. of the Revised Code, and shall update the appraised	62803
values ~~in the third calendar~~each year ~~following~~in which the	62804
~~appraisal~~appraised value of real property in the county is	62805
updated pursuant to section 5715.24 of the Revised Code. The	62806
person viewing or appraising a home may enter the home to	62807
determine by actual view any additions or fixtures that have been	62808
added since the last appraisal. In conducting the appraisals and	62809
establishing the true value, the auditor shall follow the	62810
procedures set forth for appraising real property in sections	62811
5713.01 and 5713.03 of the Revised Code.	62812

(4) The county auditor shall place the true value of each	62813
home on the manufactured home tax list upon completion of an	62814
appraisal.	62815

(5)(a) If the county auditor changes the true value of a	62816
home, the auditor shall notify the owner of the home in writing,	62817
delivered by mail or in person. The notice shall be given at least	62818
thirty days prior to the issuance of any tax bill that reflects	62819
the change. Failure to receive the notice does not invalidate any	62820
proceeding under this section.	62821

(b) Any owner of a home or any other person or party listed	62822
in division (A)(1) of section 5715.19 of the Revised Code may file	62823
a complaint against the true value of the home as appraised under	62824
this section. The complaint shall be filed with the county auditor	62825
on or before the thirty-first day of March of the current tax year	62826
or the date of closing of the collection for the first half of	62827
manufactured home taxes for the current tax year, whichever is	62828
later. The auditor shall present to the county board of revision	62829
all complaints filed with the auditor under this section. The	62830
board shall hear and investigate the complaint and may take action	62831
on it as provided under sections 5715.11 to 5715.19 of the Revised	62832
Code.	62833

(c) If the county board of revision determines, pursuant to a	62834
complaint against the valuation of a manufactured or mobile home	62835
filed under this section, that the amount of taxes, assessments,	62836
or other charges paid was in excess of the amount due based on the	62837
valuation as finally determined, then the overpayment shall be	62838
refunded in the manner prescribed in section 5715.22 of the	62839
Revised Code.	62840

(d) Payment of all or part of a tax under this section for	62841
any year for which a complaint is pending before the county board	62842
of revision does not abate the complaint or in any way affect the	62843
hearing and determination thereof.	62844

(M) If the county auditor determines that any tax or other	62845
charge or any part thereof has been erroneously charged as a	62846
result of a clerical error as defined in section 319.35 of the	62847
Revised Code, the county auditor shall call the attention of the	62848
county board of revision to the erroneous charges. If the board	62849
finds that the taxes or other charges have been erroneously	62850
charged or collected, it shall certify the finding to the auditor.	62851
Upon receipt of the certification, the auditor shall remove the	62852
erroneous charges on the manufactured home tax list or delinquent	62853
manufactured home tax list in the same manner as is prescribed in	62854
section 319.35 of the Revised Code for erroneous charges against	62855
real property, and refund any erroneous charges that have been	62856
collected, with interest, in the same manner as is prescribed in	62857
section 319.36 of the Revised Code for erroneous charges against	62858
real property.	62859

(N) As used in this section and section 4503.061 of the	62860
Revised Code:	62861

(1) "Manufactured home taxes" includes taxes, penalties, and	62862
interest charged under division (C) or (G) of this section and any	62863
penalties charged under division (G) or (H)(5) of section 4503.061	62864
of the Revised Code.	62865

(2) "Current taxes" means all manufactured home taxes charged	62866
against a manufactured or mobile home that have not appeared on	62867
the manufactured home tax list for any prior year. Current taxes	62868
become delinquent taxes if they remain unpaid after the last day	62869
prescribed for payment of the second installment of current taxes	62870
without penalty, whether or not they have been certified	62871
delinquent.	62872

(3) "Delinquent taxes" means:

62873

(a) Any manufactured home taxes that were charged against a	62874
manufactured or mobile home for a prior year, including any	62875
penalties or interest charged for a prior year and the costs of	62876
publication under division (H)(2) of this section, and that remain	62877
unpaid;	62878

(b) Any current manufactured home taxes charged against a	62879
manufactured or mobile home that remain unpaid after the last day	62880
prescribed for payment of the second installment of current taxes	62881
without penalty, whether or not they have been certified	62882
delinquent, including any penalties or interest and the costs of	62883
publication under division (H)(2) of this section.	62884

Sec. 4503.44. (A) As used in this section and in section	62885
4511.69 of the Revised Code:	62886

(1) "Person with a disability that limits or impairs the	62887
ability to walk" means any person who, as determined by a health	62888
care provider, meets any of the following criteria:	62889

(a) Cannot walk two hundred feet without stopping to rest;

62890

(b) Cannot walk without the use of, or assistance from, a	62891
brace, cane, crutch, another person, prosthetic device,	62892
wheelchair, or other assistive device;	62893

(c) Is restricted by a lung disease to such an extent that	62894
the person's forced (respiratory) expiratory volume for one	62895
second, when measured by spirometry, is less than one liter, or	62896
the arterial oxygen tension is less than sixty millimeters of	62897
mercury on room air at rest;	62898

(d) Uses portable oxygen;

62899

(e) Has a cardiac condition to the extent that the person's	62900
functional limitations are classified in severity as class III or	62901
class IV according to standards set by the American heart	62902
association;	62903

(f) Is severely limited in the ability to walk due to an	62904
arthritic, neurological, or orthopedic condition;	62905

(g) Is blind.

62906

(2) "Organization" means any private organization or	62907
corporation, or any governmental board, agency, department,	62908
division, or office, that, as part of its business or program,	62909
transports persons with disabilities that limit or impair the	62910
ability to walk on a regular basis in a motor vehicle that has not	62911
been altered for the purpose of providing it with special	62912
equipment for use by ~~handicapped~~ persons with disabilities. This	62913
definition does not apply to division (J) of this section.	62914

(3) "Health care provider" means a physician, physician	62915
assistant, advanced practice registered nurse, or chiropractor as	62916
defined in this section.	62917

(4) "Physician" means a person licensed to practice medicine	62918
or surgery or osteopathic medicine and surgery under Chapter 4731.	62919
of the Revised Code.	62920

(5) "Chiropractor" means a person licensed to practice	62921
chiropractic under Chapter 4734. of the Revised Code.	62922

(6) "Advanced practice registered nurse" means a certified	62923
nurse practitioner, clinical nurse specialist, certified	62924
registered nurse anesthetist, or certified nurse-midwife who holds	62925
a certificate of authority issued by the board of nursing under	62926
Chapter 4723. of the Revised Code.	62927

(7) "Physician assistant" means a person who holds a	62928
certificate to practice as a physician assistant issued under	62929
Chapter 4730. of the Revised Code.	62930

(B) Any organization or person with a disability that limits	62931
or impairs the ability to walk may apply to the registrar of motor	62932
vehicles for a removable windshield placard or, if the person owns	62933
or leases a motor vehicle, the person may apply for the	62934
registration of any motor vehicle the person owns or leases. In	62935
addition to one or more sets of license plates or one placard, a	62936
person with a disability that limits or impairs the ability to	62937
walk is entitled to one additional placard, but only if the person	62938
applies separately for the additional placard, states the reasons	62939
why the additional placard is needed, and the registrar, in the	62940
registrar's discretion, determines that good and justifiable cause	62941
exists to approve the request for the additional placard. When a	62942
motor vehicle has been altered for the purpose of providing it	62943
with special equipment for a person with a disability that limits	62944
or impairs the ability to walk, but is owned or leased by someone	62945
other than such a person, the owner or lessee may apply to the	62946
registrar or a deputy registrar for registration under this	62947
section. The application for registration of a motor vehicle owned	62948
or leased by a person with a disability that limits or impairs the	62949
ability to walk shall be accompanied by a signed statement from	62950
the applicant's health care provider certifying that the applicant	62951
meets at least one of the criteria contained in division (A)(1) of	62952
this section and that the disability is expected to continue for	62953
more than six consecutive months. The application for a removable	62954
windshield placard made by a person with a disability that limits	62955
or impairs the ability to walk shall be accompanied by a	62956
prescription from the applicant's health care provider prescribing	62957
such a placard for the applicant, provided that the applicant	62958
meets at least one of the criteria contained in division (A)(1) of	62959
this section. The health care provider shall state on the	62960
prescription the length of time the health care provider expects	62961
the applicant to have the disability that limits or impairs the	62962
applicant's ability to walk. The application for a removable	62963
windshield placard made by an organization shall be accompanied by	62964
such documentary evidence of regular transport of persons with	62965
disabilities that limit or impair the ability to walk by the	62966
organization as the registrar may require by rule and shall be	62967
completed in accordance with procedures that the registrar may	62968
require by rule. The application for registration of a motor	62969
vehicle that has been altered for the purpose of providing it with	62970
special equipment for a person with a disability that limits or	62971
impairs the ability to walk but is owned by someone other than	62972
such a person shall be accompanied by such documentary evidence of	62973
vehicle alterations as the registrar may require by rule.	62974

(C) When an organization, a person with a disability that	62975
limits or impairs the ability to walk, or a person who does not	62976
have a disability that limits or impairs the ability to walk but	62977
owns a motor vehicle that has been altered for the purpose of	62978
providing it with special equipment for a person with a disability	62979
that limits or impairs the ability to walk first submits an	62980
application for registration of a motor vehicle under this section	62981
and every fifth year thereafter, the organization or person shall	62982
submit a signed statement from the applicant's health care	62983
provider, a completed application, and any required documentary	62984
evidence of vehicle alterations as provided in division (B) of	62985
this section, and also a power of attorney from the owner of the	62986
motor vehicle if the applicant leases the vehicle. Upon submission	62987
of these items, the registrar or deputy registrar shall issue to	62988
the applicant appropriate vehicle registration and a set of	62989
license plates and validation stickers, or validation stickers	62990
alone when required by section 4503.191 of the Revised Code. In	62991
addition to the letters and numbers ordinarily inscribed thereon,	62992
the license plates shall be imprinted with the international	62993
symbol of access. The license plates and validation stickers shall	62994
be issued upon payment of the regular license fee as prescribed	62995
under section 4503.04 of the Revised Code and any motor vehicle	62996
tax levied under Chapter 4504. of the Revised Code, and the	62997
payment of a service fee equal to the amount specified in division	62998
(D) or (G) of section 4503.10 of the Revised Code.	62999

(D)(1) Upon receipt of a completed and signed application for	63000
a removable windshield placard, a prescription as described in	63001
division (B) of this section, documentary evidence of regular	63002
transport of persons with disabilities that limit or impair the	63003
ability to walk, if required, and payment of a service fee equal	63004
to the amount specified in division (D) or (G) of section 4503.10	63005
of the Revised Code, the registrar or deputy registrar shall issue	63006
to the applicant a removable windshield placard, which shall bear	63007
the date of expiration on both sides of the placard and shall be	63008
valid until expired, revoked, or surrendered. Every removable	63009
windshield placard expires as described in division (D)(2) of this	63010
section, but in no case shall a removable windshield placard be	63011
valid for a period of less than sixty days. Removable windshield	63012
placards shall be renewable upon application as provided in	63013
division (B) of this section, and a service fee equal to the	63014
amount specified in division (D) or (G) of section 4503.10 of the	63015
Revised Code shall be charged for the renewal of a removable	63016
windshield placard. The registrar shall provide the application	63017
form and shall determine the information to be included thereon.	63018
The registrar also shall determine the form and size of the	63019
removable windshield placard, the material of which it is to be	63020
made, and any other information to be included thereon, and shall	63021
adopt rules relating to the issuance, expiration, revocation,	63022
surrender, and proper display of such placards. Any placard issued	63023
after October 14, 1999, shall be manufactured in a manner that	63024
allows the expiration date of the placard to be indicated on it	63025
through the punching, drilling, boring, or creation by any other	63026
means of holes in the placard.	63027

(2) At the time a removable windshield placard is issued to a	63028
person with a disability that limits or impairs the ability to	63029
walk, the registrar or deputy registrar shall enter into the	63030
records of the bureau of motor vehicles the last date on which the	63031
person will have that disability, as indicated on the accompanying	63032
prescription. Not less than thirty days prior to that date and all	63033
removable windshield placard renewal dates, the bureau shall send	63034
a renewal notice to that person at the person's last known address	63035
as shown in the records of the bureau, informing the person that	63036
the person's removable windshield placard will expire on the	63037
indicated date not to exceed five years from the date of issuance,	63038
and that the person is required to renew the placard by submitting	63039
to the registrar or a deputy registrar another prescription, as	63040
described in division (B) of this section, and by complying with	63041
the renewal provisions prescribed in division (D)(1) of this	63042
section. If such a prescription is not received by the registrar	63043
or a deputy registrar by that date, the placard issued to that	63044
person expires and no longer is valid, and this fact shall be	63045
recorded in the records of the bureau.	63046

(3) At least once every year, on a date determined by the	63047
registrar, the bureau shall examine the records of the office of	63048
vital statistics, located within the department of health, that	63049
pertain to deceased persons, and also the bureau's records of all	63050
persons who have been issued removable windshield placards and	63051
temporary removable windshield placards. If the records of the	63052
office of vital statistics indicate that a person to whom a	63053
removable windshield placard or temporary removable windshield	63054
placard has been issued is deceased, the bureau shall cancel that	63055
placard, and note the cancellation in its records.	63056

The office of vital statistics shall make available to the	63057
bureau all information necessary to enable the bureau to comply	63058
with division (D)(3) of this section.	63059

(4) Nothing in this section shall be construed to require a	63060
person or organization to apply for a removable windshield placard	63061
or special license plates if the parking card or special license	63062
plates issued to the person or organization under prior law have	63063
not expired or been surrendered or revoked.	63064

(E)(1)(a) Any person with a disability that limits or impairs	63065
the ability to walk may apply to the registrar or a deputy	63066
registrar for a temporary removable windshield placard. The	63067
application for a temporary removable windshield placard shall be	63068
accompanied by a prescription from the applicant's health care	63069
provider prescribing such a placard for the applicant, provided	63070
that the applicant meets at least one of the criteria contained in	63071
division (A)(1) of this section and that the disability is	63072
expected to continue for six consecutive months or less. The	63073
health care provider shall state on the prescription the length of	63074
time the health care provider expects the applicant to have the	63075
disability that limits or impairs the applicant's ability to walk,	63076
which cannot exceed six months from the date of the prescription.	63077
Upon receipt of an application for a temporary removable	63078
windshield placard, presentation of the prescription from the	63079
applicant's health care provider, and payment of a service fee	63080
equal to the amount specified in division (D) or (G) of section	63081
4503.10 of the Revised Code, the registrar or deputy registrar	63082
shall issue to the applicant a temporary removable windshield	63083
placard.	63084

(b) Any active-duty member of the armed forces of the United	63085
States, including the reserve components of the armed forces and	63086
the national guard, who has an illness or injury that limits or	63087
impairs the ability to walk may apply to the registrar or a deputy	63088
registrar for a temporary removable windshield placard. With the	63089
application, the person shall present evidence of the person's	63090
active-duty status and the illness or injury. Evidence of the	63091
illness or injury may include a current department of defense	63092
convalescent leave statement, any department of defense document	63093
indicating that the person currently has an ill or injured	63094
casualty status or has limited duties, or a prescription from any	63095
health care provider prescribing the placard for the applicant.	63096
Upon receipt of the application and the necessary evidence, the	63097
registrar or deputy registrar shall issue the applicant the	63098
temporary removable windshield placard without the payment of any	63099
service fee.	63100

(2) The temporary removable windshield placard shall be of	63101
the same size and form as the removable windshield placard, shall	63102
be printed in white on a red-colored background, and shall bear	63103
the word "temporary" in letters of such size as the registrar	63104
shall prescribe. A temporary removable windshield placard also	63105
shall bear the date of expiration on the front and back of the	63106
placard, and shall be valid until expired, surrendered, or	63107
revoked, but in no case shall such a placard be valid for a period	63108
of less than sixty days. The registrar shall provide the	63109
application form and shall determine the information to be	63110
included on it, provided that the registrar shall not require a	63111
health care provider's prescription or certification for a person	63112
applying under division (E)(1)(b) of this section. The registrar	63113
also shall determine the material of which the temporary removable	63114
windshield placard is to be made and any other information to be	63115
included on the placard and shall adopt rules relating to the	63116
issuance, expiration, surrender, revocation, and proper display of	63117
those placards. Any temporary removable windshield placard issued	63118
after October 14, 1999, shall be manufactured in a manner that	63119
allows for the expiration date of the placard to be indicated on	63120
it through the punching, drilling, boring, or creation by any	63121
other means of holes in the placard.	63122

(F) If an applicant for a removable windshield placard is a	63123
veteran of the armed forces of the United States whose disability,	63124
as defined in division (A)(1) of this section, is	63125
service-connected, the registrar or deputy registrar, upon receipt	63126
of the application, presentation of a signed statement from the	63127
applicant's health care provider certifying the applicant's	63128
disability, and presentation of such documentary evidence from the	63129
department of veterans affairs that the disability of the	63130
applicant meets at least one of the criteria identified in	63131
division (A)(1) of this section and is service-connected as the	63132
registrar may require by rule, but without the payment of any	63133
service fee, shall issue the applicant a removable windshield	63134
placard that is valid until expired, surrendered, or revoked.	63135

(G) Upon a conviction of a violation of division (I), (J), or	63136
(K) of this section, the court shall report the conviction, and	63137
send the placard or parking card, if available, to the registrar,	63138
who thereupon shall revoke the privilege of using the placard or	63139
parking card and send notice in writing to the placardholder or	63140
cardholder at that holder's last known address as shown in the	63141
records of the bureau, and the placardholder or cardholder shall	63142
return the placard or card if not previously surrendered to the	63143
court, to the registrar within ten days following mailing of the	63144
notice.	63145

Whenever a person to whom a removable windshield placard or	63146
parking card has been issued moves to another state, the person	63147
shall surrender the placard or card to the registrar; and whenever	63148
an organization to which a placard or card has been issued changes	63149
its place of operation to another state, the organization shall	63150
surrender the placard or card to the registrar.	63151

(H) Subject to division (F) of section 4511.69 of the Revised	63152
Code, the operator of a motor vehicle displaying a removable	63153
windshield placard, temporary removable windshield placard,	63154
parking card, or the special license plates authorized by this	63155
section is entitled to park the motor vehicle in any special	63156
parking location reserved for persons with disabilities that limit	63157
or impair the ability to walk, also known as handicapped parking	63158
spaces or disability parking spaces.	63159

(I) No person or organization that is not eligible under	63160
division (B) or (E) of this section shall willfully and falsely	63161
represent that the person or organization is so eligible.	63162

No person or organization shall display license plates issued	63163
under this section unless the license plates have been issued for	63164
the vehicle on which they are displayed and are valid.	63165

(J) No person or organization to which a removable windshield	63166
placard or temporary removable windshield placard is issued shall	63167
do either of the following:	63168

(1) Display or permit the display of the placard on any motor	63169
vehicle when having reasonable cause to believe the motor vehicle	63170
is being used in connection with an activity that does not include	63171
providing transportation for persons with disabilities that limit	63172
or impair the ability to walk;	63173

(2) Refuse to return or surrender the placard, when required.

63174

(K)(1) No person or organization to which a parking card is	63175
issued shall do either of the following:	63176

(a) Display or permit the display of the parking card on any	63177
motor vehicle when having reasonable cause to believe the motor	63178
vehicle is being used in connection with an activity that does not	63179
include providing transportation for a ~~handicapped~~ person with a	63180
disability;	63181

(b) Refuse to return or surrender the parking card, when	63182
required.	63183

(2) As used in division (K) of this section:

63184

(a) "~~Handicapped person~~Person with a disability" means any	63185
person who has lost the use of one or both legs or one or both	63186
arms, who is blind, deaf, or so severely ~~handicapped~~disabled as	63187
to be unable to move about without the aid of crutches or a	63188
wheelchair, or whose mobility is restricted by a permanent	63189
cardiovascular, pulmonary, or other ~~handicapping~~disabling	63190
condition.	63191

(b) "Organization" means any private organization or	63192
corporation, or any governmental board, agency, department,	63193
division, or office, that, as part of its business or program,	63194
transports ~~handicapped~~ persons with disabilities on a regular	63195
basis in a motor vehicle that has not been altered for the	63196
purposes of providing it with special equipment for use by	63197
~~handicapped~~ persons with disabilities.	63198

(L) If a removable windshield placard, temporary removable	63199
windshield placard, or parking card is lost, destroyed, or	63200
mutilated, the placardholder or cardholder may obtain a duplicate	63201
by doing both of the following:	63202

(1) Furnishing suitable proof of the loss, destruction, or	63203
mutilation to the registrar;	63204

(2) Paying a service fee equal to the amount specified in	63205
division (D) or (G) of section 4503.10 of the Revised Code.	63206

Any placardholder or cardholder who loses a placard or card	63207
and, after obtaining a duplicate, finds the original, immediately	63208
shall surrender the original placard or card to the registrar.	63209

(M) The registrar shall pay all fees received under this	63210
section for the issuance of removable windshield placards or	63211
temporary removable windshield placards or duplicate removable	63212
windshield placards or cards into the state treasury to the credit	63213
of the state bureau of motor vehicles fund created in section	63214
4501.25 of the Revised Code.	63215

(N) In addition to the fees collected under this section, the	63216
registrar or deputy registrar shall ask each person applying for a	63217
removable windshield placard or temporary removable windshield	63218
placard or duplicate removable windshield placard or license plate	63219
issued under this section, whether the person wishes to make a	63220
two-dollar voluntary contribution to support rehabilitation	63221
employment services. The registrar shall transmit the	63222
contributions received under this division to the treasurer of	63223
state for deposit into the rehabilitation employment fund, which	63224
is hereby created in the state treasury. A deputy registrar shall	63225
transmit the contributions received under this division to the	63226
registrar in the time and manner prescribed by the registrar. The	63227
contributions in the fund shall be used by the ~~rehabilitation~~	63228
~~services commission~~opportunities for Ohioans with disabilities	63229
agency to purchase services related to vocational evaluation, work	63230
adjustment, personal adjustment, job placement, job coaching, and	63231
community-based assessment from accredited community	63232
rehabilitation program facilities.	63233

(O) For purposes of enforcing this section, every peace	63234
officer is deemed to be an agent of the registrar. Any peace	63235
officer or any authorized employee of the bureau of motor vehicles	63236
who, in the performance of duties authorized by law, becomes aware	63237
of a person whose placard or parking card has been revoked	63238
pursuant to this section, may confiscate that placard or parking	63239
card and return it to the registrar. The registrar shall prescribe	63240
any forms used by law enforcement agencies in administering this	63241
section.	63242

No peace officer, law enforcement agency employing a peace	63243
officer, or political subdivision or governmental agency employing	63244
a peace officer, and no employee of the bureau is liable in a	63245
civil action for damages or loss to persons arising out of the	63246
performance of any duty required or authorized by this section. As	63247
used in this division, "peace officer" has the same meaning as in	63248
division (B) of section 2935.01 of the Revised Code.	63249

(P) All applications for registration of motor vehicles,	63250
removable windshield placards, and temporary removable windshield	63251
placards issued under this section, all renewal notices for such	63252
items, and all other publications issued by the bureau that relate	63253
to this section shall set forth the criminal penalties that may be	63254
imposed upon a person who violates any provision relating to	63255
special license plates issued under this section, the parking of	63256
vehicles displaying such license plates, and the issuance,	63257
procurement, use, and display of removable windshield placards and	63258
temporary removable windshield placards issued under this section.	63259

(Q) Whoever violates this section is guilty of a misdemeanor	63260
of the fourth degree.	63261

Sec. 4510.038. (A) Any person whose driver's or commercial	63262
driver's license or permit is suspended or who is granted limited	63263
driving privileges under section 4510.037, under division (H) of	63264
section 4511.19, or under section 4510.07 of the Revised Code for	63265
a violation of a municipal ordinance that is substantially	63266
equivalent to division (B) of section 4511.19 of the Revised Code	63267
is not eligible to retain the license, or to have the driving	63268
privileges reinstated, until each of the following has occurred:	63269

(1) The person successfully completes a course of remedial	63270
driving instruction approved by the director of public safety. A	63271
minimum of twenty-five per cent of the number of hours of	63272
instruction included in the course shall be devoted to instruction	63273
on driver attitude.	63274

The course also shall devote a number of hours to instruction	63275
in the area of alcohol and drugs and the operation of vehicles.	63276
The instruction shall include, but not be limited to, a review of	63277
the laws governing the operation of a vehicle while under the	63278
influence of alcohol, drugs, or a combination of them, the dangers	63279
of operating a vehicle while under the influence of alcohol,	63280
drugs, or a combination of them, and other information relating to	63281
the operation of vehicles and the consumption of alcoholic	63282
beverages and use of drugs. The director, in consultation with	63283
the director of ~~alcohol and drug addiction services~~mental health	63284
and addiction services, shall prescribe the content of the	63285
instruction. The number of hours devoted to the area of alcohol	63286
and drugs and the operation of vehicles shall comprise a minimum	63287
of twenty-five per cent of the number of hours of instruction	63288
included in the course.	63289

(2) The person is examined in the manner provided for in	63290
section 4507.20 of the Revised Code, and found by the registrar of	63291
motor vehicles to be qualified to operate a motor vehicle;	63292

(3) The person gives and maintains proof of financial	63293
responsibility, in accordance with section 4509.45 of the Revised	63294
Code.	63295

(B)(1) Except as provided in division (B)(2) of this section,	63296
any course of remedial driving instruction the director of public	63297
safety approves under this section shall require its students to	63298
attend at least fifty per cent of the course in person and the	63299
director shall not approve any course of remedial driving	63300
instruction that permits its students to take more than fifty per	63301
cent of the course in any other manner, including via video	63302
teleconferencing or the internet.	63303

(2) The director may approve a course of remedial instruction	63304
that permits students to take the entire course via video	63305
teleconferencing or the internet.	63306

Sec. 4510.45. (A)(1) A manufacturer of ignition interlock	63307
devices that desires for its devices to be certified under section	63308
4510.43 of the Revised Code and then to be included on the list of	63309
certified devices that the department of public safety compiles	63310
and makes available to courts pursuant to that section first shall	63311
obtain a license from the department under this section. The	63312
department, in accordance with Chapter 119. of the Revised Code,	63313
shall adopt any rules that are necessary to implement this	63314
licensing requirement.	63315

(2) A manufacturer shall apply to the department for the	63316
license and shall include all information the department may	63317
require by rule. Each application, including an application for	63318
license renewal, shall be accompanied by an application fee of one	63319
hundred dollars, which the department shall deposit into the state	63320
treasury to the credit of the indigent drivers alcohol treatment	63321
fund created by section 4511.191 of the Revised Code.	63322

(3) Upon receipt of a completed application, if the	63323
department finds that a manufacturer has complied with all	63324
application requirements, the department shall issue a license to	63325
the manufacturer. A manufacturer that has been issued a license	63326
under this section is eligible immediately to have the models of	63327
ignition interlock devices it produces certified under section	63328
4510.43 of the Revised Code and then included on the list of	63329
certified devices that the department compiles and makes available	63330
to courts pursuant to that section.	63331

(4)(a) A license issued under this section shall expire	63332
annually on a date selected by the department. The department	63333
shall reject the license application of a manufacturer if any of	63334
the following apply:	63335

(i) The application is not accompanied by the application	63336
fee.	63337

(ii) The department finds that the manufacturer has not	63338
complied with all application requirements.	63339

(iii) The license application is a renewal application and	63340
the manufacturer failed to file the annual report or failed to pay	63341
the fee as required by division (B) of this section.	63342

(b) A manufacturer whose license application is rejected by	63343
the department may appeal the decision to the director of public	63344
safety. The director or the director's designee shall hold a	63345
hearing on the matter not more than thirty days from the date of	63346
the manufacturer's appeal. If the director or the director's	63347
designee upholds the denial of the manufacturer's application for	63348
a license, the manufacturer may appeal the decision to the	63349
Franklin county court of common pleas. If the director or the	63350
director's designee reverses the denial of the manufacturer's	63351
application for a license, the director or the director's designee	63352
shall issue a written order directing that the department issue a	63353
license to the manufacturer.	63354

(B) Every manufacturer of ignition interlock devices that is	63355
issued a license under this section shall file an annual report	63356
with the department on a form the department prescribes on or	63357
before a date the department prescribes. The annual report shall	63358
state the amount of net profit the manufacturer earned during a	63359
twelve-month period specified by the department that is	63360
attributable to the sales of that manufacturer's certified	63361
ignition interlock devices to purchasers in this state. Each	63362
manufacturer shall pay a fee equal to five per cent of the amount	63363
of the net profit described in this division.	63364

The department may permit annual reports to be filed via	63365
electronic means.	63366

(C) The department shall deposit all fees it receives from	63367
manufacturers under this section into the state treasury to the	63368
credit of the indigent drivers alcohol treatment fund created by	63369
section 4511.191 of the Revised Code. All money so deposited into	63370
that fund that is paid by the department of ~~alcohol and drug~~	63371
~~addiction services~~mental health and addiction services to county	63372
indigent drivers alcohol treatment funds, county juvenile indigent	63373
drivers alcohol treatment funds, and municipal indigent drivers	63374
alcohol treatment funds shall be used only as described in	63375
division (H)(3) of section 4511.191 of the Revised Code.	63376

(D)(1) The director may make an assessment, based on any	63377
information in the director's possession, against any manufacturer	63378
that fails to file an annual report or pay the fee required by	63379
division (B) of this section. The director, in accordance with	63380
Chapter 119. of the Revised Code, shall adopt rules governing	63381
assessments and assessment procedures and related provisions. In	63382
adopting these rules, the director shall incorporate the	63383
provisions of section 5751.09 of the Revised Code to the greatest	63384
extent possible, except that the director is not required to	63385
incorporate any provisions of that section that by their nature	63386
are not applicable, appropriate, or necessary to assessments made	63387
by the director under this section.	63388

(2) A manufacturer may appeal the final determination of the	63389
director regarding an assessment made by the director under this	63390
section. The director, in accordance with Chapter 119. of the	63391
Revised Code, shall adopt rules governing such appeals. In	63392
adopting these rules, the director shall incorporate the	63393
provisions of section 5717.02 of the Revised Code to the greatest	63394
extent possible, except that the director is not required to	63395
incorporate any provisions of that section that by their nature	63396
are not applicable, appropriate, or necessary to appeals of	63397
assessments made by the director under this section.	63398

(E) The director, in accordance with Chapter 119. of the	63399
Revised Code, shall adopt a penalty schedule setting forth the	63400
monetary penalties to be imposed upon a manufacturer that is	63401
issued a license under this section and fails to file an annual	63402
report or pay the fee required by division (B) of this section in	63403
a timely manner. The penalty amounts shall not exceed the maximum	63404
penalty amounts established in section 5751.06 of the Revised Code	63405
for similar or equivalent facts or circumstances.	63406

(F)(1) No manufacturer of ignition interlock devices that is	63407
required by division (B) of this section to file an annual report	63408
with the department or to pay a fee shall fail to do so as	63409
required by that division.	63410

(2) No manufacturer of ignition interlock devices that is	63411
required by division (B) of this section to file an annual report	63412
with the department shall file a report that contains incorrect or	63413
erroneous information.	63414

(G) Whoever violates division (F)(2) of this section is	63415
guilty of a misdemeanor of the first degree. The department shall	63416
remove from the list of certified devices described in division	63417
(A)(1) of this section the ignition interlock devices manufactured	63418
by a manufacturer that violates division (F)(1) or (2) of this	63419
section.	63420

Sec. 4511.19. (A)(1) No person shall operate any vehicle,	63421
streetcar, or trackless trolley within this state, if, at the time	63422
of the operation, any of the following apply:	63423

(a) The person is under the influence of alcohol, a drug of	63424
abuse, or a combination of them.	63425

(b) The person has a concentration of eight-hundredths of one	63426
per cent or more but less than seventeen-hundredths of one per	63427
cent by weight per unit volume of alcohol in the person's whole	63428
blood.	63429

(c) The person has a concentration of ninety-six-thousandths	63430
of one per cent or more but less than two hundred four-thousandths	63431
of one per cent by weight per unit volume of alcohol in the	63432
person's blood serum or plasma.	63433

(d) The person has a concentration of eight-hundredths of one	63434
gram or more but less than seventeen-hundredths of one gram by	63435
weight of alcohol per two hundred ten liters of the person's	63436
breath.	63437

(e) The person has a concentration of eleven-hundredths of	63438
one gram or more but less than two hundred	63439
thirty-eight-thousandths of one gram by weight of alcohol per one	63440
hundred milliliters of the person's urine.	63441

(f) The person has a concentration of seventeen-hundredths of	63442
one per cent or more by weight per unit volume of alcohol in the	63443
person's whole blood.	63444

(g) The person has a concentration of two hundred	63445
four-thousandths of one per cent or more by weight per unit volume	63446
of alcohol in the person's blood serum or plasma.	63447

(h) The person has a concentration of seventeen-hundredths of	63448
one gram or more by weight of alcohol per two hundred ten liters	63449
of the person's breath.	63450

(i) The person has a concentration of two hundred	63451
thirty-eight-thousandths of one gram or more by weight of alcohol	63452
per one hundred milliliters of the person's urine.	63453

(j) Except as provided in division (K) of this section, the	63454
person has a concentration of any of the following controlled	63455
substances or metabolites of a controlled substance in the	63456
person's whole blood, blood serum or plasma, or urine that equals	63457
or exceeds any of the following:	63458

(i) The person has a concentration of amphetamine in the	63459
person's urine of at least five hundred nanograms of amphetamine	63460
per milliliter of the person's urine or has a concentration of	63461
amphetamine in the person's whole blood or blood serum or plasma	63462
of at least one hundred nanograms of amphetamine per milliliter of	63463
the person's whole blood or blood serum or plasma.	63464

(ii) The person has a concentration of cocaine in the	63465
person's urine of at least one hundred fifty nanograms of cocaine	63466
per milliliter of the person's urine or has a concentration of	63467
cocaine in the person's whole blood or blood serum or plasma of at	63468
least fifty nanograms of cocaine per milliliter of the person's	63469
whole blood or blood serum or plasma.	63470

(iii) The person has a concentration of cocaine metabolite in	63471
the person's urine of at least one hundred fifty nanograms of	63472
cocaine metabolite per milliliter of the person's urine or has a	63473
concentration of cocaine metabolite in the person's whole blood or	63474
blood serum or plasma of at least fifty nanograms of cocaine	63475
metabolite per milliliter of the person's whole blood or blood	63476
serum or plasma.	63477

(iv) The person has a concentration of heroin in the person's	63478
urine of at least two thousand nanograms of heroin per milliliter	63479
of the person's urine or has a concentration of heroin in the	63480
person's whole blood or blood serum or plasma of at least fifty	63481
nanograms of heroin per milliliter of the person's whole blood or	63482
blood serum or plasma.	63483

(v) The person has a concentration of heroin metabolite	63484
(6-monoacetyl morphine) in the person's urine of at least ten	63485
nanograms of heroin metabolite (6-monoacetyl morphine) per	63486
milliliter of the person's urine or has a concentration of heroin	63487
metabolite (6-monoacetyl morphine) in the person's whole blood or	63488
blood serum or plasma of at least ten nanograms of heroin	63489
metabolite (6-monoacetyl morphine) per milliliter of the person's	63490
whole blood or blood serum or plasma.	63491

(vi) The person has a concentration of L.S.D. in the person's	63492
urine of at least twenty-five nanograms of L.S.D. per milliliter	63493
of the person's urine or a concentration of L.S.D. in the person's	63494
whole blood or blood serum or plasma of at least ten nanograms of	63495
L.S.D. per milliliter of the person's whole blood or blood serum	63496
or plasma.	63497

(vii) The person has a concentration of marihuana in the	63498
person's urine of at least ten nanograms of marihuana per	63499
milliliter of the person's urine or has a concentration of	63500
marihuana in the person's whole blood or blood serum or plasma of	63501
at least two nanograms of marihuana per milliliter of the person's	63502
whole blood or blood serum or plasma.	63503

(viii) Either of the following applies:

63504

(I) The person is under the influence of alcohol, a drug of	63505
abuse, or a combination of them, and, as measured by gas	63506
chromatography mass spectrometry, the person has a concentration	63507
of marihuana metabolite in the person's urine of at least fifteen	63508
nanograms of marihuana metabolite per milliliter of the person's	63509
urine or has a concentration of marihuana metabolite in the	63510
person's whole blood or blood serum or plasma of at least five	63511
nanograms of marihuana metabolite per milliliter of the person's	63512
whole blood or blood serum or plasma.	63513

(II) As measured by gas chromatography mass spectrometry, the	63514
person has a concentration of marihuana metabolite in the person's	63515
urine of at least thirty-five nanograms of marihuana metabolite	63516
per milliliter of the person's urine or has a concentration of	63517
marihuana metabolite in the person's whole blood or blood serum or	63518
plasma of at least fifty nanograms of marihuana metabolite per	63519
milliliter of the person's whole blood or blood serum or plasma.	63520

(ix) The person has a concentration of methamphetamine in the	63521
person's urine of at least five hundred nanograms of	63522
methamphetamine per milliliter of the person's urine or has a	63523
concentration of methamphetamine in the person's whole blood or	63524
blood serum or plasma of at least one hundred nanograms of	63525
methamphetamine per milliliter of the person's whole blood or	63526
blood serum or plasma.	63527

(x) The person has a concentration of phencyclidine in the	63528
person's urine of at least twenty-five nanograms of phencyclidine	63529
per milliliter of the person's urine or has a concentration of	63530
phencyclidine in the person's whole blood or blood serum or plasma	63531
of at least ten nanograms of phencyclidine per milliliter of the	63532
person's whole blood or blood serum or plasma.	63533

(xi) The state board of pharmacy has adopted a rule pursuant	63534
to section 4729.041 of the Revised Code that specifies the amount	63535
of salvia divinorum and the amount of salvinorin A that constitute	63536
concentrations of salvia divinorum and salvinorin A in a person's	63537
urine, in a person's whole blood, or in a person's blood serum or	63538
plasma at or above which the person is impaired for purposes of	63539
operating any vehicle, streetcar, or trackless trolley within this	63540
state, the rule is in effect, and the person has a concentration	63541
of salvia divinorum or salvinorin A of at least that amount so	63542
specified by rule in the person's urine, in the person's whole	63543
blood, or in the person's blood serum or plasma.	63544

(2) No person who, within twenty years of the conduct	63545
described in division (A)(2)(a) of this section, previously has	63546
been convicted of or pleaded guilty to a violation of this	63547
division, a violation of division (A)(1) or (B) of this section,	63548
or any other equivalent offense shall do both of the following:	63549

(a) Operate any vehicle, streetcar, or trackless trolley	63550
within this state while under the influence of alcohol, a drug of	63551
abuse, or a combination of them;	63552

(b) Subsequent to being arrested for operating the vehicle,	63553
streetcar, or trackless trolley as described in division (A)(2)(a)	63554
of this section, being asked by a law enforcement officer to	63555
submit to a chemical test or tests under section 4511.191 of the	63556
Revised Code, and being advised by the officer in accordance with	63557
section 4511.192 of the Revised Code of the consequences of the	63558
person's refusal or submission to the test or tests, refuse to	63559
submit to the test or tests.	63560

(B) No person under twenty-one years of age shall operate any	63561
vehicle, streetcar, or trackless trolley within this state, if, at	63562
the time of the operation, any of the following apply:	63563

(1) The person has a concentration of at least two-hundredths	63564
of one per cent but less than eight-hundredths of one per cent by	63565
weight per unit volume of alcohol in the person's whole blood.	63566

(2) The person has a concentration of at least	63567
three-hundredths of one per cent but less than	63568
ninety-six-thousandths of one per cent by weight per unit volume	63569
of alcohol in the person's blood serum or plasma.	63570

(3) The person has a concentration of at least two-hundredths	63571
of one gram but less than eight-hundredths of one gram by weight	63572
of alcohol per two hundred ten liters of the person's breath.	63573

(4) The person has a concentration of at least twenty-eight	63574
one-thousandths of one gram but less than eleven-hundredths of one	63575
gram by weight of alcohol per one hundred milliliters of the	63576
person's urine.	63577

(C) In any proceeding arising out of one incident, a person	63578
may be charged with a violation of division (A)(1)(a) or (A)(2)	63579
and a violation of division (B)(1), (2), or (3) of this section,	63580
but the person may not be convicted of more than one violation of	63581
these divisions.	63582

(D)(1)(a) In any criminal prosecution or juvenile court	63583
proceeding for a violation of division (A)(1)(a) of this section	63584
or for an equivalent offense that is vehicle-related, the result	63585
of any test of any blood or urine withdrawn and analyzed at any	63586
health care provider, as defined in section 2317.02 of the Revised	63587
Code, may be admitted with expert testimony to be considered with	63588
any other relevant and competent evidence in determining the guilt	63589
or innocence of the defendant.	63590

(b) In any criminal prosecution or juvenile court proceeding	63591
for a violation of division (A) or (B) of this section or for an	63592
equivalent offense that is vehicle-related, the court may admit	63593
evidence on the concentration of alcohol, drugs of abuse,	63594
controlled substances, metabolites of a controlled substance, or a	63595
combination of them in the defendant's whole blood, blood serum or	63596
plasma, breath, urine, or other bodily substance at the time of	63597
the alleged violation as shown by chemical analysis of the	63598
substance withdrawn within three hours of the time of the alleged	63599
violation. The three-hour time limit specified in this division	63600
regarding the admission of evidence does not extend or affect the	63601
two-hour time limit specified in division (A) of section 4511.192	63602
of the Revised Code as the maximum period of time during which a	63603
person may consent to a chemical test or tests as described in	63604
that section. The court may admit evidence on the concentration of	63605
alcohol, drugs of abuse, or a combination of them as described in	63606
this division when a person submits to a blood, breath, urine, or	63607
other bodily substance test at the request of a law enforcement	63608
officer under section 4511.191 of the Revised Code or a blood or	63609
urine sample is obtained pursuant to a search warrant. Only a	63610
physician, a registered nurse, an emergency medical	63611
technician-intermediate, an emergency medical	63612
technician-paramedic, or a qualified technician, chemist, or	63613
phlebotomist shall withdraw a blood sample for the purpose of	63614
determining the alcohol, drug, controlled substance, metabolite of	63615
a controlled substance, or combination content of the whole blood,	63616
blood serum, or blood plasma. This limitation does not apply to	63617
the taking of breath or urine specimens. A person authorized to	63618
withdraw blood under this division may refuse to withdraw blood	63619
under this division, if in that person's opinion, the physical	63620
welfare of the person would be endangered by the withdrawing of	63621
blood.	63622

The bodily substance withdrawn under division (D)(1)(b) of	63623
this section shall be analyzed in accordance with methods approved	63624
by the director of health by an individual possessing a valid	63625
permit issued by the director pursuant to section 3701.143 of the	63626
Revised Code.	63627

(c) As used in division (D)(1)(b) of this section, "emergency	63628
medical technician-intermediate" and "emergency medical	63629
technician-paramedic" have the same meanings as in section 4765.01	63630
of the Revised Code.	63631

(2) In a criminal prosecution or juvenile court proceeding	63632
for a violation of division (A) of this section or for an	63633
equivalent offense that is vehicle-related, if there was at the	63634
time the bodily substance was withdrawn a concentration of less	63635
than the applicable concentration of alcohol specified in	63636
divisions (A)(1)(b), (c), (d), and (e) of this section or less	63637
than the applicable concentration of a listed controlled substance	63638
or a listed metabolite of a controlled substance specified for a	63639
violation of division (A)(1)(j) of this section, that fact may be	63640
considered with other competent evidence in determining the guilt	63641
or innocence of the defendant. This division does not limit or	63642
affect a criminal prosecution or juvenile court proceeding for a	63643
violation of division (B) of this section or for an equivalent	63644
offense that is substantially equivalent to that division.	63645

(3) Upon the request of the person who was tested, the	63646
results of the chemical test shall be made available to the person	63647
or the person's attorney, immediately upon the completion of the	63648
chemical test analysis.	63649

If the chemical test was obtained pursuant to division	63650
(D)(1)(b) of this section, the person tested may have a physician,	63651
a registered nurse, or a qualified technician, chemist, or	63652
phlebotomist of the person's own choosing administer a chemical	63653
test or tests, at the person's expense, in addition to any	63654
administered at the request of a law enforcement officer. If the	63655
person was under arrest as described in division (A)(5) of section	63656
4511.191 of the Revised Code, the arresting officer shall advise	63657
the person at the time of the arrest that the person may have an	63658
independent chemical test taken at the person's own expense. If	63659
the person was under arrest other than described in division	63660
(A)(5) of section 4511.191 of the Revised Code, the form to be	63661
read to the person to be tested, as required under section	63662
4511.192 of the Revised Code, shall state that the person may have	63663
an independent test performed at the person's expense. The failure	63664
or inability to obtain an additional chemical test by a person	63665
shall not preclude the admission of evidence relating to the	63666
chemical test or tests taken at the request of a law enforcement	63667
officer.	63668

(4)(a) As used in divisions (D)(4)(b) and (c) of this	63669
section, "national highway traffic safety administration" means	63670
the national highway traffic safety administration established as	63671
an administration of the United States department of	63672
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	63673

(b) In any criminal prosecution or juvenile court proceeding	63674
for a violation of division (A) or (B) of this section, of a	63675
municipal ordinance relating to operating a vehicle while under	63676
the influence of alcohol, a drug of abuse, or alcohol and a drug	63677
of abuse, or of a municipal ordinance relating to operating a	63678
vehicle with a prohibited concentration of alcohol, a controlled	63679
substance, or a metabolite of a controlled substance in the whole	63680
blood, blood serum or plasma, breath, or urine, if a law	63681
enforcement officer has administered a field sobriety test to the	63682
operator of the vehicle involved in the violation and if it is	63683
shown by clear and convincing evidence that the officer	63684
administered the test in substantial compliance with the testing	63685
standards for any reliable, credible, and generally accepted field	63686
sobriety tests that were in effect at the time the tests were	63687
administered, including, but not limited to, any testing standards	63688
then in effect that were set by the national highway traffic	63689
safety administration, all of the following apply:	63690

(i) The officer may testify concerning the results of the	63691
field sobriety test so administered.	63692

(ii) The prosecution may introduce the results of the field	63693
sobriety test so administered as evidence in any proceedings in	63694
the criminal prosecution or juvenile court proceeding.	63695

(iii) If testimony is presented or evidence is introduced	63696
under division (D)(4)(b)(i) or (ii) of this section and if the	63697
testimony or evidence is admissible under the Rules of Evidence,	63698
the court shall admit the testimony or evidence and the trier of	63699
fact shall give it whatever weight the trier of fact considers to	63700
be appropriate.	63701

(c) Division (D)(4)(b) of this section does not limit or	63702
preclude a court, in its determination of whether the arrest of a	63703
person was supported by probable cause or its determination of any	63704
other matter in a criminal prosecution or juvenile court	63705
proceeding of a type described in that division, from considering	63706
evidence or testimony that is not otherwise disallowed by division	63707
(D)(4)(b) of this section.	63708

(E)(1) Subject to division (E)(3) of this section, in any	63709
criminal prosecution or juvenile court proceeding for a violation	63710
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	63711
or (B)(1), (2), (3), or (4) of this section or for an equivalent	63712
offense that is substantially equivalent to any of those	63713
divisions, a laboratory report from any laboratory personnel	63714
issued a permit by the department of health authorizing an	63715
analysis as described in this division that contains an analysis	63716
of the whole blood, blood serum or plasma, breath, urine, or other	63717
bodily substance tested and that contains all of the information	63718
specified in this division shall be admitted as prima-facie	63719
evidence of the information and statements that the report	63720
contains. The laboratory report shall contain all of the	63721
following:	63722

(a) The signature, under oath, of any person who performed	63723
the analysis;	63724

(b) Any findings as to the identity and quantity of alcohol,	63725
a drug of abuse, a controlled substance, a metabolite of a	63726
controlled substance, or a combination of them that was found;	63727

(c) A copy of a notarized statement by the laboratory	63728
director or a designee of the director that contains the name of	63729
each certified analyst or test performer involved with the report,	63730
the analyst's or test performer's employment relationship with the	63731
laboratory that issued the report, and a notation that performing	63732
an analysis of the type involved is part of the analyst's or test	63733
performer's regular duties;	63734

(d) An outline of the analyst's or test performer's	63735
education, training, and experience in performing the type of	63736
analysis involved and a certification that the laboratory	63737
satisfies appropriate quality control standards in general and, in	63738
this particular analysis, under rules of the department of health.	63739

(2) Notwithstanding any other provision of law regarding the	63740
admission of evidence, a report of the type described in division	63741
(E)(1) of this section is not admissible against the defendant to	63742
whom it pertains in any proceeding, other than a preliminary	63743
hearing or a grand jury proceeding, unless the prosecutor has	63744
served a copy of the report on the defendant's attorney or, if the	63745
defendant has no attorney, on the defendant.	63746

(3) A report of the type described in division (E)(1) of this	63747
section shall not be prima-facie evidence of the contents,	63748
identity, or amount of any substance if, within seven days after	63749
the defendant to whom the report pertains or the defendant's	63750
attorney receives a copy of the report, the defendant or the	63751
defendant's attorney demands the testimony of the person who	63752
signed the report. The judge in the case may extend the seven-day	63753
time limit in the interest of justice.	63754

(F) Except as otherwise provided in this division, any	63755
physician, registered nurse, emergency medical	63756
technician-intermediate, emergency medical technician-paramedic,	63757
or qualified technician, chemist, or phlebotomist who withdraws	63758
blood from a person pursuant to this section or section 4511.191	63759
or 4511.192 of the Revised Code, and any hospital, first-aid	63760
station, or clinic at which blood is withdrawn from a person	63761
pursuant to this section or section 4511.191 or 4511.192 of the	63762
Revised Code, is immune from criminal liability and civil	63763
liability based upon a claim of assault and battery or any other	63764
claim that is not a claim of malpractice, for any act performed in	63765
withdrawing blood from the person. The immunity provided in this	63766
division also extends to an emergency medical service organization	63767
that employs an emergency medical technician-intermediate or	63768
emergency medical technician-paramedic who withdraws blood under	63769
this section. The immunity provided in this division is not	63770
available to a person who withdraws blood if the person engages in	63771
willful or wanton misconduct.	63772

As used in this division, "emergency medical	63773
technician-intermediate" and "emergency medical	63774
technician-paramedic" have the same meanings as in section 4765.01	63775
of the Revised Code.	63776

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	63777
to (i) or (A)(2) of this section is guilty of operating a vehicle	63778
under the influence of alcohol, a drug of abuse, or a combination	63779
of them. Whoever violates division (A)(1)(j) of this section is	63780
guilty of operating a vehicle while under the influence of a	63781
listed controlled substance or a listed metabolite of a controlled	63782
substance. The court shall sentence the offender for either	63783
offense under Chapter 2929. of the Revised Code, except as	63784
otherwise authorized or required by divisions (G)(1)(a) to (e) of	63785
this section:	63786

(a) Except as otherwise provided in division (G)(1)(b), (c),	63787
(d), or (e) of this section, the offender is guilty of a	63788
misdemeanor of the first degree, and the court shall sentence the	63789
offender to all of the following:	63790

(i) If the sentence is being imposed for a violation of	63791
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	63792
mandatory jail term of three consecutive days. As used in this	63793
division, three consecutive days means seventy-two consecutive	63794
hours. The court may sentence an offender to both an intervention	63795
program and a jail term. The court may impose a jail term in	63796
addition to the three-day mandatory jail term or intervention	63797
program. However, in no case shall the cumulative jail term	63798
imposed for the offense exceed six months.	63799

The court may suspend the execution of the three-day jail	63800
term under this division if the court, in lieu of that suspended	63801
term, places the offender under a community control sanction	63802
pursuant to section 2929.25 of the Revised Code and requires the	63803
offender to attend, for three consecutive days, a drivers'	63804
intervention program certified under section ~~3793.10~~5119.38 of	63805
the Revised Code. The court also may suspend the execution of any	63806
part of the three-day jail term under this division if it places	63807
the offender under a community control sanction pursuant to	63808
section 2929.25 of the Revised Code for part of the three days,	63809
requires the offender to attend for the suspended part of the term	63810
a drivers' intervention program so certified, and sentences the	63811
offender to a jail term equal to the remainder of the three	63812
consecutive days that the offender does not spend attending the	63813
program. The court may require the offender, as a condition of	63814
community control and in addition to the required attendance at a	63815
drivers' intervention program, to attend and satisfactorily	63816
complete any treatment or education programs that comply with the	63817
minimum standards adopted pursuant to Chapter ~~3793.~~5119. of the	63818
Revised Code by the director of ~~alcohol and drug addiction~~	63819
~~services~~mental health and addiction services that the operators	63820
of the drivers' intervention program determine that the offender	63821
should attend and to report periodically to the court on the	63822
offender's progress in the programs. The court also may impose on	63823
the offender any other conditions of community control that it	63824
considers necessary.	63825

(ii) If the sentence is being imposed for a violation of	63826
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	63827
section, except as otherwise provided in this division, a	63828
mandatory jail term of at least three consecutive days and a	63829
requirement that the offender attend, for three consecutive days,	63830
a drivers' intervention program that is certified pursuant to	63831
section ~~3793.10~~5119.38 of the Revised Code. As used in this	63832
division, three consecutive days means seventy-two consecutive	63833
hours. If the court determines that the offender is not conducive	63834
to treatment in a drivers' intervention program, if the offender	63835
refuses to attend a drivers' intervention program, or if the jail	63836
at which the offender is to serve the jail term imposed can	63837
provide a driver's intervention program, the court shall sentence	63838
the offender to a mandatory jail term of at least six consecutive	63839
days.	63840

The court may require the offender, under a community control	63841
sanction imposed under section 2929.25 of the Revised Code, to	63842
attend and satisfactorily complete any treatment or education	63843
programs that comply with the minimum standards adopted pursuant	63844
to Chapter ~~3793.~~5119. of the Revised Code by the director of	63845
~~alcohol and drug addiction services~~mental health and addiction	63846
services, in addition to the required attendance at drivers'	63847
intervention program, that the operators of the drivers'	63848
intervention program determine that the offender should attend and	63849
to report periodically to the court on the offender's progress in	63850
the programs. The court also may impose any other conditions of	63851
community control on the offender that it considers necessary.	63852

(iii) In all cases, a fine of not less than three hundred	63853
seventy-five and not more than one thousand seventy-five dollars;	63854

(iv) In all cases, a class five license suspension of the	63855
offender's driver's or commercial driver's license or permit or	63856
nonresident operating privilege from the range specified in	63857
division (A)(5) of section 4510.02 of the Revised Code. The court	63858
may grant limited driving privileges relative to the suspension	63859
under sections 4510.021 and 4510.13 of the Revised Code.	63860

(b) Except as otherwise provided in division (G)(1)(e) of	63861
this section, an offender who, within six years of the offense,	63862
previously has been convicted of or pleaded guilty to one	63863
violation of division (A) or (B) of this section or one other	63864
equivalent offense is guilty of a misdemeanor of the first degree.	63865
The court shall sentence the offender to all of the following:	63866

(i) If the sentence is being imposed for a violation of	63867
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	63868
mandatory jail term of ten consecutive days. The court shall	63869
impose the ten-day mandatory jail term under this division unless,	63870
subject to division (G)(3) of this section, it instead imposes a	63871
sentence under that division consisting of both a jail term and a	63872
term of house arrest with electronic monitoring, with continuous	63873
alcohol monitoring, or with both electronic monitoring and	63874
continuous alcohol monitoring. The court may impose a jail term in	63875
addition to the ten-day mandatory jail term. The cumulative jail	63876
term imposed for the offense shall not exceed six months.	63877

In addition to the jail term or the term of house arrest with	63878
electronic monitoring or continuous alcohol monitoring or both	63879
types of monitoring and jail term, the court shall require the	63880
offender to be assessed by ~~an alcohol and drug treatment program~~a	63881
community addiction services provider that is authorized by	63882
section ~~3793.02~~5119.21 of the Revised Code, subject to division	63883
(I) of this section, and shall order the offender to follow the	63884
treatment recommendations of the ~~program~~services provider. The	63885
purpose of the assessment is to determine the degree of the	63886
offender's alcohol usage and to determine whether or not treatment	63887
is warranted. Upon the request of the court, the ~~program~~services	63888
provider shall submit the results of the assessment to the court,	63889
including all treatment recommendations and clinical diagnoses	63890
related to alcohol use.	63891

(ii) If the sentence is being imposed for a violation of	63892
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	63893
section, except as otherwise provided in this division, a	63894
mandatory jail term of twenty consecutive days. The court shall	63895
impose the twenty-day mandatory jail term under this division	63896
unless, subject to division (G)(3) of this section, it instead	63897
imposes a sentence under that division consisting of both a jail	63898
term and a term of house arrest with electronic monitoring, with	63899
continuous alcohol monitoring, or with both electronic monitoring	63900
and continuous alcohol monitoring. The court may impose a jail	63901
term in addition to the twenty-day mandatory jail term. The	63902
cumulative jail term imposed for the offense shall not exceed six	63903
months.	63904

In addition to the jail term or the term of house arrest with	63905
electronic monitoring or continuous alcohol monitoring or both	63906
types of monitoring and jail term, the court shall require the	63907
offender to be assessed by ~~an alcohol and drug treatment program~~a	63908
community addiction service provider that is authorized by section	63909
~~3793.02~~5119.21 of the Revised Code, subject to division (I) of	63910
this section, and shall order the offender to follow the treatment	63911
recommendations of the ~~program~~services provider. The purpose of	63912
the assessment is to determine the degree of the offender's	63913
alcohol usage and to determine whether or not treatment is	63914
warranted. Upon the request of the court, the ~~program~~services	63915
provider shall submit the results of the assessment to the court,	63916
including all treatment recommendations and clinical diagnoses	63917
related to alcohol use.	63918

(iii) In all cases, notwithstanding the fines set forth in	63919
Chapter 2929. of the Revised Code, a fine of not less than five	63920
hundred twenty-five and not more than one thousand six hundred	63921
twenty-five dollars;	63922

(iv) In all cases, a class four license suspension of the	63923
offender's driver's license, commercial driver's license,	63924
temporary instruction permit, probationary license, or nonresident	63925
operating privilege from the range specified in division (A)(4) of	63926
section 4510.02 of the Revised Code. The court may grant limited	63927
driving privileges relative to the suspension under sections	63928
4510.021 and 4510.13 of the Revised Code.	63929

(v) In all cases, if the vehicle is registered in the	63930
offender's name, immobilization of the vehicle involved in the	63931
offense for ninety days in accordance with section 4503.233 of the	63932
Revised Code and impoundment of the license plates of that vehicle	63933
for ninety days.	63934

(c) Except as otherwise provided in division (G)(1)(e) of	63935
this section, an offender who, within six years of the offense,	63936
previously has been convicted of or pleaded guilty to two	63937
violations of division (A) or (B) of this section or other	63938
equivalent offenses is guilty of a misdemeanor. The court shall	63939
sentence the offender to all of the following:	63940

(i) If the sentence is being imposed for a violation of	63941
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	63942
mandatory jail term of thirty consecutive days. The court shall	63943
impose the thirty-day mandatory jail term under this division	63944
unless, subject to division (G)(3) of this section, it instead	63945
imposes a sentence under that division consisting of both a jail	63946
term and a term of house arrest with electronic monitoring, with	63947
continuous alcohol monitoring, or with both electronic monitoring	63948
and continuous alcohol monitoring. The court may impose a jail	63949
term in addition to the thirty-day mandatory jail term.	63950
Notwithstanding the jail terms set forth in sections 2929.21 to	63951
2929.28 of the Revised Code, the additional jail term shall not	63952
exceed one year, and the cumulative jail term imposed for the	63953
offense shall not exceed one year.	63954

(ii) If the sentence is being imposed for a violation of	63955
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	63956
section, a mandatory jail term of sixty consecutive days. The	63957
court shall impose the sixty-day mandatory jail term under this	63958
division unless, subject to division (G)(3) of this section, it	63959
instead imposes a sentence under that division consisting of both	63960
a jail term and a term of house arrest with electronic monitoring,	63961
with continuous alcohol monitoring, or with both electronic	63962
monitoring and continuous alcohol monitoring. The court may impose	63963
a jail term in addition to the sixty-day mandatory jail term.	63964
Notwithstanding the jail terms set forth in sections 2929.21 to	63965
2929.28 of the Revised Code, the additional jail term shall not	63966
exceed one year, and the cumulative jail term imposed for the	63967
offense shall not exceed one year.	63968

(iii) In all cases, notwithstanding the fines set forth in	63969
Chapter 2929. of the Revised Code, a fine of not less than eight	63970
hundred fifty and not more than two thousand seven hundred fifty	63971
dollars;	63972

(iv) In all cases, a class three license suspension of the	63973
offender's driver's license, commercial driver's license,	63974
temporary instruction permit, probationary license, or nonresident	63975
operating privilege from the range specified in division (A)(3) of	63976
section 4510.02 of the Revised Code. The court may grant limited	63977
driving privileges relative to the suspension under sections	63978
4510.021 and 4510.13 of the Revised Code.	63979

(v) In all cases, if the vehicle is registered in the	63980
offender's name, criminal forfeiture of the vehicle involved in	63981
the offense in accordance with section 4503.234 of the Revised	63982
Code. Division (G)(6) of this section applies regarding any	63983
vehicle that is subject to an order of criminal forfeiture under	63984
this division.	63985

(vi) In all cases, the court shall order the offender to	63986
participate ~~in an alcohol and drug~~with a community addiction	63987
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	63988
the Revised Code, subject to division (I) of this section, and	63989
shall order the offender to follow the treatment recommendations	63990
of the ~~program~~services provider. The operator of the ~~program~~	63991
services provider shall determine and assess the degree of the	63992
offender's alcohol dependency and shall make recommendations for	63993
treatment. Upon the request of the court, the ~~program~~services	63994
provider shall submit the results of the assessment to the court,	63995
including all treatment recommendations and clinical diagnoses	63996
related to alcohol use.	63997

(d) Except as otherwise provided in division (G)(1)(e) of	63998
this section, an offender who, within six years of the offense,	63999
previously has been convicted of or pleaded guilty to three or	64000
four violations of division (A) or (B) of this section or other	64001
equivalent offenses or an offender who, within twenty years of the	64002
offense, previously has been convicted of or pleaded guilty to	64003
five or more violations of that nature is guilty of a felony of	64004
the fourth degree. The court shall sentence the offender to all of	64005
the following:	64006

(i) If the sentence is being imposed for a violation of	64007
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	64008
mandatory prison term of one, two, three, four, or five years as	64009
required by and in accordance with division (G)(2) of section	64010
2929.13 of the Revised Code if the offender also is convicted of	64011
or also pleads guilty to a specification of the type described in	64012
section 2941.1413 of the Revised Code or, in the discretion of the	64013
court, either a mandatory term of local incarceration of sixty	64014
consecutive days in accordance with division (G)(1) of section	64015
2929.13 of the Revised Code or a mandatory prison term of sixty	64016
consecutive days in accordance with division (G)(2) of that	64017
section if the offender is not convicted of and does not plead	64018
guilty to a specification of that type. If the court imposes a	64019
mandatory term of local incarceration, it may impose a jail term	64020
in addition to the sixty-day mandatory term, the cumulative total	64021
of the mandatory term and the jail term for the offense shall not	64022
exceed one year, and, except as provided in division (A)(1) of	64023
section 2929.13 of the Revised Code, no prison term is authorized	64024
for the offense. If the court imposes a mandatory prison term,	64025
notwithstanding division (A)(4) of section 2929.14 of the Revised	64026
Code, it also may sentence the offender to a definite prison term	64027
that shall be not less than six months and not more than thirty	64028
months and the prison terms shall be imposed as described in	64029
division (G)(2) of section 2929.13 of the Revised Code. If the	64030
court imposes a mandatory prison term or mandatory prison term and	64031
additional prison term, in addition to the term or terms so	64032
imposed, the court also may sentence the offender to a community	64033
control sanction for the offense, but the offender shall serve all	64034
of the prison terms so imposed prior to serving the community	64035
control sanction.	64036

(ii) If the sentence is being imposed for a violation of	64037
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	64038
section, a mandatory prison term of one, two, three, four, or five	64039
years as required by and in accordance with division (G)(2) of	64040
section 2929.13 of the Revised Code if the offender also is	64041
convicted of or also pleads guilty to a specification of the type	64042
described in section 2941.1413 of the Revised Code or, in the	64043
discretion of the court, either a mandatory term of local	64044
incarceration of one hundred twenty consecutive days in accordance	64045
with division (G)(1) of section 2929.13 of the Revised Code or a	64046
mandatory prison term of one hundred twenty consecutive days in	64047
accordance with division (G)(2) of that section if the offender is	64048
not convicted of and does not plead guilty to a specification of	64049
that type. If the court imposes a mandatory term of local	64050
incarceration, it may impose a jail term in addition to the one	64051
hundred twenty-day mandatory term, the cumulative total of the	64052
mandatory term and the jail term for the offense shall not exceed	64053
one year, and, except as provided in division (A)(1) of section	64054
2929.13 of the Revised Code, no prison term is authorized for the	64055
offense. If the court imposes a mandatory prison term,	64056
notwithstanding division (A)(4) of section 2929.14 of the Revised	64057
Code, it also may sentence the offender to a definite prison term	64058
that shall be not less than six months and not more than thirty	64059
months and the prison terms shall be imposed as described in	64060
division (G)(2) of section 2929.13 of the Revised Code. If the	64061
court imposes a mandatory prison term or mandatory prison term and	64062
additional prison term, in addition to the term or terms so	64063
imposed, the court also may sentence the offender to a community	64064
control sanction for the offense, but the offender shall serve all	64065
of the prison terms so imposed prior to serving the community	64066
control sanction.	64067

(iii) In all cases, notwithstanding section 2929.18 of the	64068
Revised Code, a fine of not less than one thousand three hundred	64069
fifty nor more than ten thousand five hundred dollars;	64070

(iv) In all cases, a class two license suspension of the	64071
offender's driver's license, commercial driver's license,	64072
temporary instruction permit, probationary license, or nonresident	64073
operating privilege from the range specified in division (A)(2) of	64074
section 4510.02 of the Revised Code. The court may grant limited	64075
driving privileges relative to the suspension under sections	64076
4510.021 and 4510.13 of the Revised Code.	64077

(v) In all cases, if the vehicle is registered in the	64078
offender's name, criminal forfeiture of the vehicle involved in	64079
the offense in accordance with section 4503.234 of the Revised	64080
Code. Division (G)(6) of this section applies regarding any	64081
vehicle that is subject to an order of criminal forfeiture under	64082
this division.	64083

(vi) In all cases, the court shall order the offender to	64084
participate ~~in an alcohol and drug~~with a community addiction	64085
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	64086
the Revised Code, subject to division (I) of this section, and	64087
shall order the offender to follow the treatment recommendations	64088
of the ~~program~~services provider. The operator of the ~~program~~	64089
services provider shall determine and assess the degree of the	64090
offender's alcohol dependency and shall make recommendations for	64091
treatment. Upon the request of the court, the ~~program~~services	64092
provider shall submit the results of the assessment to the court,	64093
including all treatment recommendations and clinical diagnoses	64094
related to alcohol use.	64095

(vii) In all cases, if the court sentences the offender to a	64096
mandatory term of local incarceration, in addition to the	64097
mandatory term, the court, pursuant to section 2929.17 of the	64098
Revised Code, may impose a term of house arrest with electronic	64099
monitoring. The term shall not commence until after the offender	64100
has served the mandatory term of local incarceration.	64101

(e) An offender who previously has been convicted of or	64102
pleaded guilty to a violation of division (A) of this section that	64103
was a felony, regardless of when the violation and the conviction	64104
or guilty plea occurred, is guilty of a felony of the third	64105
degree. The court shall sentence the offender to all of the	64106
following:	64107

(i) If the offender is being sentenced for a violation of	64108
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	64109
mandatory prison term of one, two, three, four, or five years as	64110
required by and in accordance with division (G)(2) of section	64111
2929.13 of the Revised Code if the offender also is convicted of	64112
or also pleads guilty to a specification of the type described in	64113
section 2941.1413 of the Revised Code or a mandatory prison term	64114
of sixty consecutive days in accordance with division (G)(2) of	64115
section 2929.13 of the Revised Code if the offender is not	64116
convicted of and does not plead guilty to a specification of that	64117
type. The court may impose a prison term in addition to the	64118
mandatory prison term. The cumulative total of a sixty-day	64119
mandatory prison term and the additional prison term for the	64120
offense shall not exceed five years. In addition to the mandatory	64121
prison term or mandatory prison term and additional prison term	64122
the court imposes, the court also may sentence the offender to a	64123
community control sanction for the offense, but the offender shall	64124
serve all of the prison terms so imposed prior to serving the	64125
community control sanction.	64126

(ii) If the sentence is being imposed for a violation of	64127
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	64128
section, a mandatory prison term of one, two, three, four, or five	64129
years as required by and in accordance with division (G)(2) of	64130
section 2929.13 of the Revised Code if the offender also is	64131
convicted of or also pleads guilty to a specification of the type	64132
described in section 2941.1413 of the Revised Code or a mandatory	64133
prison term of one hundred twenty consecutive days in accordance	64134
with division (G)(2) of section 2929.13 of the Revised Code if the	64135
offender is not convicted of and does not plead guilty to a	64136
specification of that type. The court may impose a prison term in	64137
addition to the mandatory prison term. The cumulative total of a	64138
one hundred twenty-day mandatory prison term and the additional	64139
prison term for the offense shall not exceed five years. In	64140
addition to the mandatory prison term or mandatory prison term and	64141
additional prison term the court imposes, the court also may	64142
sentence the offender to a community control sanction for the	64143
offense, but the offender shall serve all of the prison terms so	64144
imposed prior to serving the community control sanction.	64145

(iii) In all cases, notwithstanding section 2929.18 of the	64146
Revised Code, a fine of not less than one thousand three hundred	64147
fifty nor more than ten thousand five hundred dollars;	64148

(iv) In all cases, a class two license suspension of the	64149
offender's driver's license, commercial driver's license,	64150
temporary instruction permit, probationary license, or nonresident	64151
operating privilege from the range specified in division (A)(2) of	64152
section 4510.02 of the Revised Code. The court may grant limited	64153
driving privileges relative to the suspension under sections	64154
4510.021 and 4510.13 of the Revised Code.	64155

(v) In all cases, if the vehicle is registered in the	64156
offender's name, criminal forfeiture of the vehicle involved in	64157
the offense in accordance with section 4503.234 of the Revised	64158
Code. Division (G)(6) of this section applies regarding any	64159
vehicle that is subject to an order of criminal forfeiture under	64160
this division.	64161

(vi) In all cases, the court shall order the offender to	64162
participate ~~in an alcohol and drug~~with a community addiction	64163
~~program~~services provider authorized by section ~~3793.02~~5119.21 of	64164
the Revised Code, subject to division (I) of this section, and	64165
shall order the offender to follow the treatment recommendations	64166
of the ~~program~~services provider. The operator of the ~~program~~	64167
services provider shall determine and assess the degree of the	64168
offender's alcohol dependency and shall make recommendations for	64169
treatment. Upon the request of the court, the ~~program~~services	64170
provider shall submit the results of the assessment to the court,	64171
including all treatment recommendations and clinical diagnoses	64172
related to alcohol use.	64173

(2) An offender who is convicted of or pleads guilty to a	64174
violation of division (A) of this section and who subsequently	64175
seeks reinstatement of the driver's or occupational driver's	64176
license or permit or nonresident operating privilege suspended	64177
under this section as a result of the conviction or guilty plea	64178
shall pay a reinstatement fee as provided in division (F)(2) of	64179
section 4511.191 of the Revised Code.	64180

(3) If an offender is sentenced to a jail term under division	64181
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	64182
if, within sixty days of sentencing of the offender, the court	64183
issues a written finding on the record that, due to the	64184
unavailability of space at the jail where the offender is required	64185
to serve the term, the offender will not be able to begin serving	64186
that term within the sixty-day period following the date of	64187
sentencing, the court may impose an alternative sentence under	64188
this division that includes a term of house arrest with electronic	64189
monitoring, with continuous alcohol monitoring, or with both	64190
electronic monitoring and continuous alcohol monitoring.	64191

As an alternative to a mandatory jail term of ten consecutive	64192
days required by division (G)(1)(b)(i) of this section, the court,	64193
under this division, may sentence the offender to five consecutive	64194
days in jail and not less than eighteen consecutive days of house	64195
arrest with electronic monitoring, with continuous alcohol	64196
monitoring, or with both electronic monitoring and continuous	64197
alcohol monitoring. The cumulative total of the five consecutive	64198
days in jail and the period of house arrest with electronic	64199
monitoring, continuous alcohol monitoring, or both types of	64200
monitoring shall not exceed six months. The five consecutive days	64201
in jail do not have to be served prior to or consecutively to the	64202
period of house arrest.	64203

As an alternative to the mandatory jail term of twenty	64204
consecutive days required by division (G)(1)(b)(ii) of this	64205
section, the court, under this division, may sentence the offender	64206
to ten consecutive days in jail and not less than thirty-six	64207
consecutive days of house arrest with electronic monitoring, with	64208
continuous alcohol monitoring, or with both electronic monitoring	64209
and continuous alcohol monitoring. The cumulative total of the ten	64210
consecutive days in jail and the period of house arrest with	64211
electronic monitoring, continuous alcohol monitoring, or both	64212
types of monitoring shall not exceed six months. The ten	64213
consecutive days in jail do not have to be served prior to or	64214
consecutively to the period of house arrest.	64215

As an alternative to a mandatory jail term of thirty	64216
consecutive days required by division (G)(1)(c)(i) of this	64217
section, the court, under this division, may sentence the offender	64218
to fifteen consecutive days in jail and not less than fifty-five	64219
consecutive days of house arrest with electronic monitoring, with	64220
continuous alcohol monitoring, or with both electronic monitoring	64221
and continuous alcohol monitoring. The cumulative total of the	64222
fifteen consecutive days in jail and the period of house arrest	64223
with electronic monitoring, continuous alcohol monitoring, or both	64224
types of monitoring shall not exceed one year. The fifteen	64225
consecutive days in jail do not have to be served prior to or	64226
consecutively to the period of house arrest.	64227

As an alternative to the mandatory jail term of sixty	64228
consecutive days required by division (G)(1)(c)(ii) of this	64229
section, the court, under this division, may sentence the offender	64230
to thirty consecutive days in jail and not less than one hundred	64231
ten consecutive days of house arrest with electronic monitoring,	64232
with continuous alcohol monitoring, or with both electronic	64233
monitoring and continuous alcohol monitoring. The cumulative total	64234
of the thirty consecutive days in jail and the period of house	64235
arrest with electronic monitoring, continuous alcohol monitoring,	64236
or both types of monitoring shall not exceed one year. The thirty	64237
consecutive days in jail do not have to be served prior to or	64238
consecutively to the period of house arrest.	64239

(4) If an offender's driver's or occupational driver's	64240
license or permit or nonresident operating privilege is suspended	64241
under division (G) of this section and if section 4510.13 of the	64242
Revised Code permits the court to grant limited driving	64243
privileges, the court may grant the limited driving privileges in	64244
accordance with that section. If division (A)(7) of that section	64245
requires that the court impose as a condition of the privileges	64246
that the offender must display on the vehicle that is driven	64247
subject to the privileges restricted license plates that are	64248
issued under section 4503.231 of the Revised Code, except as	64249
provided in division (B) of that section, the court shall impose	64250
that condition as one of the conditions of the limited driving	64251
privileges granted to the offender, except as provided in division	64252
(B) of section 4503.231 of the Revised Code.	64253

(5) Fines imposed under this section for a violation of	64254
division (A) of this section shall be distributed as follows:	64255

(a) Twenty-five dollars of the fine imposed under division	64256
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	64257
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	64258
fine imposed under division (G)(1)(c)(iii), and two hundred ten	64259
dollars of the fine imposed under division (G)(1)(d)(iii) or	64260
(e)(iii) of this section shall be paid to an enforcement and	64261
education fund established by the legislative authority of the law	64262
enforcement agency in this state that primarily was responsible	64263
for the arrest of the offender, as determined by the court that	64264
imposes the fine. The agency shall use this share to pay only	64265
those costs it incurs in enforcing this section or a municipal OVI	64266
ordinance and in informing the public of the laws governing the	64267
operation of a vehicle while under the influence of alcohol, the	64268
dangers of the operation of a vehicle under the influence of	64269
alcohol, and other information relating to the operation of a	64270
vehicle under the influence of alcohol and the consumption of	64271
alcoholic beverages.	64272

(b) Fifty dollars of the fine imposed under division	64273
(G)(1)(a)(iii) of this section shall be paid to the political	64274
subdivision that pays the cost of housing the offender during the	64275
offender's term of incarceration. If the offender is being	64276
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	64277
(e), or (j) of this section and was confined as a result of the	64278
offense prior to being sentenced for the offense but is not	64279
sentenced to a term of incarceration, the fifty dollars shall be	64280
paid to the political subdivision that paid the cost of housing	64281
the offender during that period of confinement. The political	64282
subdivision shall use the share under this division to pay or	64283
reimburse incarceration or treatment costs it incurs in housing or	64284
providing drug and alcohol treatment to persons who violate this	64285
section or a municipal OVI ordinance, costs of any immobilizing or	64286
disabling device used on the offender's vehicle, and costs of	64287
electronic house arrest equipment needed for persons who violate	64288
this section.	64289

(c) Twenty-five dollars of the fine imposed under division	64290
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	64291
division (G)(1)(b)(iii) of this section shall be deposited into	64292
the county or municipal indigent drivers' alcohol treatment fund	64293
under the control of that court, as created by the county or	64294
municipal corporation under division (F) of section 4511.191 of	64295
the Revised Code.	64296

(d) One hundred fifteen dollars of the fine imposed under	64297
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	64298
fine imposed under division (G)(1)(c)(iii), and four hundred forty	64299
dollars of the fine imposed under division (G)(1)(d)(iii) or	64300
(e)(iii) of this section shall be paid to the political	64301
subdivision that pays the cost of housing the offender during the	64302
offender's term of incarceration. The political subdivision shall	64303
use this share to pay or reimburse incarceration or treatment	64304
costs it incurs in housing or providing drug and alcohol treatment	64305
to persons who violate this section or a municipal OVI ordinance,	64306
costs for any immobilizing or disabling device used on the	64307
offender's vehicle, and costs of electronic house arrest equipment	64308
needed for persons who violate this section.	64309

(e) Fifty dollars of the fine imposed under divisions	64310
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	64311
and (G)(1)(e)(iii) of this section shall be deposited into the	64312
special projects fund of the court in which the offender was	64313
convicted and that is established under division (E)(1) of section	64314
2303.201, division (B)(1) of section 1901.26, or division (B)(1)	64315
of section 1907.24 of the Revised Code, to be used exclusively to	64316
cover the cost of immobilizing or disabling devices, including	64317
certified ignition interlock devices, and remote alcohol	64318
monitoring devices for indigent offenders who are required by a	64319
judge to use either of these devices. If the court in which the	64320
offender was convicted does not have a special projects fund that	64321
is established under division (E)(1) of section 2303.201, division	64322
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24	64323
of the Revised Code, the fifty dollars shall be deposited into the	64324
indigent drivers interlock and alcohol monitoring fund under	64325
division (I) of section 4511.191 of the Revised Code.	64326

(f) Seventy-five dollars of the fine imposed under division	64327
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	64328
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	64329
of the fine imposed under division (G)(1)(c)(iii), and five	64330
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	64331
or (e)(iii) of this section shall be transmitted to the treasurer	64332
of state for deposit into the indigent defense support fund	64333
established under section 120.08 of the Revised Code.	64334

(g) The balance of the fine imposed under division	64335
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	64336
section shall be disbursed as otherwise provided by law.	64337

(6) If title to a motor vehicle that is subject to an order	64338
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	64339
this section is assigned or transferred and division (B)(2) or (3)	64340
of section 4503.234 of the Revised Code applies, in addition to or	64341
independent of any other penalty established by law, the court may	64342
fine the offender the value of the vehicle as determined by	64343
publications of the national automobile dealers association. The	64344
proceeds of any fine so imposed shall be distributed in accordance	64345
with division (C)(2) of that section.	64346

(7) In all cases in which an offender is sentenced under	64347
division (G) of this section, the offender shall provide the court	64348
with proof of financial responsibility as defined in section	64349
4509.01 of the Revised Code. If the offender fails to provide that	64350
proof of financial responsibility, the court, in addition to any	64351
other penalties provided by law, may order restitution pursuant to	64352
section 2929.18 or 2929.28 of the Revised Code in an amount not	64353
exceeding five thousand dollars for any economic loss arising from	64354
an accident or collision that was the direct and proximate result	64355
of the offender's operation of the vehicle before, during, or	64356
after committing the offense for which the offender is sentenced	64357
under division (G) of this section.	64358

(8) As used in division (G) of this section, "electronic	64359
monitoring," "mandatory prison term," and "mandatory term of local	64360
incarceration" have the same meanings as in section 2929.01 of the	64361
Revised Code.	64362

(H) Whoever violates division (B) of this section is guilty	64363
of operating a vehicle after underage alcohol consumption and	64364
shall be punished as follows:	64365

(1) Except as otherwise provided in division (H)(2) of this	64366
section, the offender is guilty of a misdemeanor of the fourth	64367
degree. In addition to any other sanction imposed for the offense,	64368
the court shall impose a class six suspension of the offender's	64369
driver's license, commercial driver's license, temporary	64370
instruction permit, probationary license, or nonresident operating	64371
privilege from the range specified in division (A)(6) of section	64372
4510.02 of the Revised Code.	64373

(2) If, within one year of the offense, the offender	64374
previously has been convicted of or pleaded guilty to one or more	64375
violations of division (A) or (B) of this section or other	64376
equivalent offenses, the offender is guilty of a misdemeanor of	64377
the third degree. In addition to any other sanction imposed for	64378
the offense, the court shall impose a class four suspension of the	64379
offender's driver's license, commercial driver's license,	64380
temporary instruction permit, probationary license, or nonresident	64381
operating privilege from the range specified in division (A)(4) of	64382
section 4510.02 of the Revised Code.	64383

(3) If the offender also is convicted of or also pleads	64384
guilty to a specification of the type described in section	64385
2941.1416 of the Revised Code and if the court imposes a jail term	64386
for the violation of division (B) of this section, the court shall	64387
impose upon the offender an additional definite jail term pursuant	64388
to division (E) of section 2929.24 of the Revised Code.	64389

(4) The offender shall provide the court with proof of	64390
financial responsibility as defined in section 4509.01 of the	64391
Revised Code. If the offender fails to provide that proof of	64392
financial responsibility, then, in addition to any other penalties	64393
provided by law, the court may order restitution pursuant to	64394
section 2929.28 of the Revised Code in an amount not exceeding	64395
five thousand dollars for any economic loss arising from an	64396
accident or collision that was the direct and proximate result of	64397
the offender's operation of the vehicle before, during, or after	64398
committing the violation of division (B) of this section.	64399

(I)(1) No court shall sentence an offender to an alcohol	64400
treatment program under this section unless the treatment program	64401
complies with the minimum standards for alcohol treatment programs	64402
adopted under Chapter ~~3793.~~5119. of the Revised Code by the	64403
director of ~~alcohol and drug addiction services~~mental health and	64404
addiction services.	64405

(2) An offender who stays in a drivers' intervention program	64406
or in an alcohol treatment program under an order issued under	64407
this section shall pay the cost of the stay in the program.	64408
However, if the court determines that an offender who stays in an	64409
alcohol treatment program under an order issued under this section	64410
is unable to pay the cost of the stay in the program, the court	64411
may order that the cost be paid from the court's indigent drivers'	64412
alcohol treatment fund.	64413

(J) If a person whose driver's or commercial driver's license	64414
or permit or nonresident operating privilege is suspended under	64415
this section files an appeal regarding any aspect of the person's	64416
trial or sentence, the appeal itself does not stay the operation	64417
of the suspension.	64418

(K) Division (A)(1)(j) of this section does not apply to a	64419
person who operates a vehicle, streetcar, or trackless trolley	64420
while the person has a concentration of a listed controlled	64421
substance or a listed metabolite of a controlled substance in the	64422
person's whole blood, blood serum or plasma, or urine that equals	64423
or exceeds the amount specified in that division, if both of the	64424
following apply:	64425

(1) The person obtained the controlled substance pursuant to	64426
a prescription issued by a licensed health professional authorized	64427
to prescribe drugs.	64428

(2) The person injected, ingested, or inhaled the controlled	64429
substance in accordance with the health professional's directions.	64430

(L) The prohibited concentrations of a controlled substance	64431
or a metabolite of a controlled substance listed in division	64432
(A)(1)(j) of this section also apply in a prosecution of a	64433
violation of division (D) of section 2923.16 of the Revised Code	64434
in the same manner as if the offender is being prosecuted for a	64435
prohibited concentration of alcohol.	64436

(M) All terms defined in section 4510.01 of the Revised Code	64437
apply to this section. If the meaning of a term defined in section	64438
4510.01 of the Revised Code conflicts with the meaning of the same	64439
term as defined in section 4501.01 or 4511.01 of the Revised Code,	64440
the term as defined in section 4510.01 of the Revised Code applies	64441
to this section.	64442

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	64443
as adopted by the supreme court under authority of section 2937.46	64444
of the Revised Code, do not apply to felony violations of this	64445
section. Subject to division (N)(2) of this section, the Rules of	64446
Criminal Procedure apply to felony violations of this section.	64447

(2) If, on or after January 1, 2004, the supreme court	64448
modifies the Ohio Traffic Rules to provide procedures to govern	64449
felony violations of this section, the modified rules shall apply	64450
to felony violations of this section.	64451

Sec. 4511.191. (A)(1) As used in this section:

64452

(a) "Physical control" has the same meaning as in section	64453
4511.194 of the Revised Code.	64454

(b) "Alcohol monitoring device" means any device that	64455
provides for continuous alcohol monitoring, any ignition interlock	64456
device, any immobilizing or disabling device other than an	64457
ignition interlock device that is constantly available to monitor	64458
the concentration of alcohol in a person's system, or any other	64459
device that provides for the automatic testing and periodic	64460
reporting of alcohol consumption by a person and that a court	64461
orders a person to use as a sanction imposed as a result of the	64462
person's conviction of or plea of guilty to an offense.	64463

(2) Any person who operates a vehicle, streetcar, or	64464
trackless trolley upon a highway or any public or private property	64465
used by the public for vehicular travel or parking within this	64466
state or who is in physical control of a vehicle, streetcar, or	64467
trackless trolley shall be deemed to have given consent to a	64468
chemical test or tests of the person's whole blood, blood serum or	64469
plasma, breath, or urine to determine the alcohol, drug of abuse,	64470
controlled substance, metabolite of a controlled substance, or	64471
combination content of the person's whole blood, blood serum or	64472
plasma, breath, or urine if arrested for a violation of division	64473
(A) or (B) of section 4511.19 of the Revised Code, section	64474
4511.194 of the Revised Code or a substantially equivalent	64475
municipal ordinance, or a municipal OVI ordinance.	64476

(3) The chemical test or tests under division (A)(2) of this	64477
section shall be administered at the request of a law enforcement	64478
officer having reasonable grounds to believe the person was	64479
operating or in physical control of a vehicle, streetcar, or	64480
trackless trolley in violation of a division, section, or	64481
ordinance identified in division (A)(2) of this section. The law	64482
enforcement agency by which the officer is employed shall	64483
designate which of the tests shall be administered.	64484

(4) Any person who is dead or unconscious, or who otherwise	64485
is in a condition rendering the person incapable of refusal, shall	64486
be deemed to have consented as provided in division (A)(2) of this	64487
section, and the test or tests may be administered, subject to	64488
sections 313.12 to 313.16 of the Revised Code.	64489

(5)(a) If a law enforcement officer arrests a person for a	64490
violation of division (A) or (B) of section 4511.19 of the Revised	64491
Code, section 4511.194 of the Revised Code or a substantially	64492
equivalent municipal ordinance, or a municipal OVI ordinance and	64493
if the person if convicted would be required to be sentenced under	64494
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	64495
Code, the law enforcement officer shall request the person to	64496
submit, and the person shall submit, to a chemical test or tests	64497
of the person's whole blood, blood serum or plasma, breath, or	64498
urine for the purpose of determining the alcohol, drug of abuse,	64499
controlled substance, metabolite of a controlled substance, or	64500
combination content of the person's whole blood, blood serum or	64501
plasma, breath, or urine. A law enforcement officer who makes a	64502
request pursuant to this division that a person submit to a	64503
chemical test or tests is not required to advise the person of the	64504
consequences of submitting to, or refusing to submit to, the test	64505
or tests and is not required to give the person the form described	64506
in division (B) of section 4511.192 of the Revised Code, but the	64507
officer shall advise the person at the time of the arrest that if	64508
the person refuses to take a chemical test the officer may employ	64509
whatever reasonable means are necessary to ensure that the person	64510
submits to a chemical test of the person's whole blood or blood	64511
serum or plasma. The officer shall also advise the person at the	64512
time of the arrest that the person may have an independent	64513
chemical test taken at the person's own expense. Divisions (A)(3)	64514
and (4) of this section apply to the administration of a chemical	64515
test or tests pursuant to this division.	64516

(b) If a person refuses to submit to a chemical test upon a	64517
request made pursuant to division (A)(5)(a) of this section, the	64518
law enforcement officer who made the request may employ whatever	64519
reasonable means are necessary to ensure that the person submits	64520
to a chemical test of the person's whole blood or blood serum or	64521
plasma. A law enforcement officer who acts pursuant to this	64522
division to ensure that a person submits to a chemical test of the	64523
person's whole blood or blood serum or plasma is immune from	64524
criminal and civil liability based upon a claim for assault and	64525
battery or any other claim for the acts, unless the officer so	64526
acted with malicious purpose, in bad faith, or in a wanton or	64527
reckless manner.	64528

(B)(1) Upon receipt of the sworn report of a law enforcement	64529
officer who arrested a person for a violation of division (A) or	64530
(B) of section 4511.19 of the Revised Code, section 4511.194 of	64531
the Revised Code or a substantially equivalent municipal	64532
ordinance, or a municipal OVI ordinance that was completed and	64533
sent to the registrar of motor vehicles and a court pursuant to	64534
section 4511.192 of the Revised Code in regard to a person who	64535
refused to take the designated chemical test, the registrar shall	64536
enter into the registrar's records the fact that the person's	64537
driver's or commercial driver's license or permit or nonresident	64538
operating privilege was suspended by the arresting officer under	64539
this division and that section and the period of the suspension,	64540
as determined under this section. The suspension shall be subject	64541
to appeal as provided in section 4511.197 of the Revised Code. The	64542
suspension shall be for whichever of the following periods	64543
applies:	64544

(a) Except when division (B)(1)(b), (c), or (d) of this	64545
section applies and specifies a different class or length of	64546
suspension, the suspension shall be a class C suspension for the	64547
period of time specified in division (B)(3) of section 4510.02 of	64548
the Revised Code.	64549

(b) If the arrested person, within six years of the date on	64550
which the person refused the request to consent to the chemical	64551
test, had refused one previous request to consent to a chemical	64552
test or had been convicted of or pleaded guilty to one violation	64553
of division (A) or (B) of section 4511.19 of the Revised Code or	64554
one other equivalent offense, the suspension shall be a class B	64555
suspension imposed for the period of time specified in division	64556
(B)(2) of section 4510.02 of the Revised Code.	64557

(c) If the arrested person, within six years of the date on	64558
which the person refused the request to consent to the chemical	64559
test, had refused two previous requests to consent to a chemical	64560
test, had been convicted of or pleaded guilty to two violations of	64561
division (A) or (B) of section 4511.19 of the Revised Code or	64562
other equivalent offenses, or had refused one previous request to	64563
consent to a chemical test and also had been convicted of or	64564
pleaded guilty to one violation of division (A) or (B) of section	64565
4511.19 of the Revised Code or other equivalent offenses, which	64566
violation or offense arose from an incident other than the	64567
incident that led to the refusal, the suspension shall be a class	64568
A suspension imposed for the period of time specified in division	64569
(B)(1) of section 4510.02 of the Revised Code.	64570

(d) If the arrested person, within six years of the date on	64571
which the person refused the request to consent to the chemical	64572
test, had refused three or more previous requests to consent to a	64573
chemical test, had been convicted of or pleaded guilty to three or	64574
more violations of division (A) or (B) of section 4511.19 of the	64575
Revised Code or other equivalent offenses, or had refused a number	64576
of previous requests to consent to a chemical test and also had	64577
been convicted of or pleaded guilty to a number of violations of	64578
division (A) or (B) of section 4511.19 of the Revised Code or	64579
other equivalent offenses that cumulatively total three or more	64580
such refusals, convictions, and guilty pleas, the suspension shall	64581
be for five years.	64582

(2) The registrar shall terminate a suspension of the	64583
driver's or commercial driver's license or permit of a resident or	64584
of the operating privilege of a nonresident, or a denial of a	64585
driver's or commercial driver's license or permit, imposed	64586
pursuant to division (B)(1) of this section upon receipt of notice	64587
that the person has entered a plea of guilty to, or that the	64588
person has been convicted after entering a plea of no contest to,	64589
operating a vehicle in violation of section 4511.19 of the Revised	64590
Code or in violation of a municipal OVI ordinance, if the offense	64591
for which the conviction is had or the plea is entered arose from	64592
the same incident that led to the suspension or denial.	64593

The registrar shall credit against any judicial suspension of	64594
a person's driver's or commercial driver's license or permit or	64595
nonresident operating privilege imposed pursuant to section	64596
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	64597
Revised Code for a violation of a municipal OVI ordinance, any	64598
time during which the person serves a related suspension imposed	64599
pursuant to division (B)(1) of this section.	64600

(C)(1) Upon receipt of the sworn report of the law	64601
enforcement officer who arrested a person for a violation of	64602
division (A) or (B) of section 4511.19 of the Revised Code or a	64603
municipal OVI ordinance that was completed and sent to the	64604
registrar and a court pursuant to section 4511.192 of the Revised	64605
Code in regard to a person whose test results indicate that the	64606
person's whole blood, blood serum or plasma, breath, or urine	64607
contained at least the concentration of alcohol specified in	64608
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	64609
Revised Code or at least the concentration of a listed controlled	64610
substance or a listed metabolite of a controlled substance	64611
specified in division (A)(1)(j) of section 4511.19 of the Revised	64612
Code, the registrar shall enter into the registrar's records the	64613
fact that the person's driver's or commercial driver's license or	64614
permit or nonresident operating privilege was suspended by the	64615
arresting officer under this division and section 4511.192 of the	64616
Revised Code and the period of the suspension, as determined under	64617
divisions (C)(1)(a) to (d) of this section. The suspension shall	64618
be subject to appeal as provided in section 4511.197 of the	64619
Revised Code. The suspension described in this division does not	64620
apply to, and shall not be imposed upon, a person arrested for a	64621
violation of section 4511.194 of the Revised Code or a	64622
substantially equivalent municipal ordinance who submits to a	64623
designated chemical test. The suspension shall be for whichever of	64624
the following periods applies:	64625

(a) Except when division (C)(1)(b), (c), or (d) of this	64626
section applies and specifies a different period, the suspension	64627
shall be a class E suspension imposed for the period of time	64628
specified in division (B)(5) of section 4510.02 of the Revised	64629
Code.	64630

(b) The suspension shall be a class C suspension for the	64631
period of time specified in division (B)(3) of section 4510.02 of	64632
the Revised Code if the person has been convicted of or pleaded	64633
guilty to, within six years of the date the test was conducted,	64634
one violation of division (A) or (B) of section 4511.19 of the	64635
Revised Code or one other equivalent offense.	64636

(c) If, within six years of the date the test was conducted,	64637
the person has been convicted of or pleaded guilty to two	64638
violations of a statute or ordinance described in division	64639
(C)(1)(b) of this section, the suspension shall be a class B	64640
suspension imposed for the period of time specified in division	64641
(B)(2) of section 4510.02 of the Revised Code.	64642

(d) If, within six years of the date the test was conducted,	64643
the person has been convicted of or pleaded guilty to more than	64644
two violations of a statute or ordinance described in division	64645
(C)(1)(b) of this section, the suspension shall be a class A	64646
suspension imposed for the period of time specified in division	64647
(B)(1) of section 4510.02 of the Revised Code.	64648

(2) The registrar shall terminate a suspension of the	64649
driver's or commercial driver's license or permit of a resident or	64650
of the operating privilege of a nonresident, or a denial of a	64651
driver's or commercial driver's license or permit, imposed	64652
pursuant to division (C)(1) of this section upon receipt of notice	64653
that the person has entered a plea of guilty to, or that the	64654
person has been convicted after entering a plea of no contest to,	64655
operating a vehicle in violation of section 4511.19 of the Revised	64656
Code or in violation of a municipal OVI ordinance, if the offense	64657
for which the conviction is had or the plea is entered arose from	64658
the same incident that led to the suspension or denial.	64659

The registrar shall credit against any judicial suspension of	64660
a person's driver's or commercial driver's license or permit or	64661
nonresident operating privilege imposed pursuant to section	64662
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	64663
Revised Code for a violation of a municipal OVI ordinance, any	64664
time during which the person serves a related suspension imposed	64665
pursuant to division (C)(1) of this section.	64666

(D)(1) A suspension of a person's driver's or commercial	64667
driver's license or permit or nonresident operating privilege	64668
under this section for the time described in division (B) or (C)	64669
of this section is effective immediately from the time at which	64670
the arresting officer serves the notice of suspension upon the	64671
arrested person. Any subsequent finding that the person is not	64672
guilty of the charge that resulted in the person being requested	64673
to take the chemical test or tests under division (A) of this	64674
section does not affect the suspension.	64675

(2) If a person is arrested for operating a vehicle,	64676
streetcar, or trackless trolley in violation of division (A) or	64677
(B) of section 4511.19 of the Revised Code or a municipal OVI	64678
ordinance, or for being in physical control of a vehicle,	64679
streetcar, or trackless trolley in violation of section 4511.194	64680
of the Revised Code or a substantially equivalent municipal	64681
ordinance, regardless of whether the person's driver's or	64682
commercial driver's license or permit or nonresident operating	64683
privilege is or is not suspended under division (B) or (C) of this	64684
section or Chapter 4510. of the Revised Code, the person's initial	64685
appearance on the charge resulting from the arrest shall be held	64686
within five days of the person's arrest or the issuance of the	64687
citation to the person, subject to any continuance granted by the	64688
court pursuant to section 4511.197 of the Revised Code regarding	64689
the issues specified in that division.	64690

(E) When it finally has been determined under the procedures	64691
of this section and sections 4511.192 to 4511.197 of the Revised	64692
Code that a nonresident's privilege to operate a vehicle within	64693
this state has been suspended, the registrar shall give	64694
information in writing of the action taken to the motor vehicle	64695
administrator of the state of the person's residence and of any	64696
state in which the person has a license.	64697

(F) At the end of a suspension period under this section,	64698
under section 4511.194, section 4511.196, or division (G) of	64699
section 4511.19 of the Revised Code, or under section 4510.07 of	64700
the Revised Code for a violation of a municipal OVI ordinance and	64701
upon the request of the person whose driver's or commercial	64702
driver's license or permit was suspended and who is not otherwise	64703
subject to suspension, cancellation, or disqualification, the	64704
registrar shall return the driver's or commercial driver's license	64705
or permit to the person upon the occurrence of all of the	64706
conditions specified in divisions (F)(1) and (2) of this section:	64707

(1) A showing that the person has proof of financial	64708
responsibility, a policy of liability insurance in effect that	64709
meets the minimum standards set forth in section 4509.51 of the	64710
Revised Code, or proof, to the satisfaction of the registrar, that	64711
the person is able to respond in damages in an amount at least	64712
equal to the minimum amounts specified in section 4509.51 of the	64713
Revised Code.	64714

(2) Subject to the limitation contained in division (F)(3) of	64715
this section, payment by the person to the registrar or an	64716
eligible deputy registrar of a license reinstatement fee of four	64717
hundred seventy-five dollars, which fee shall be deposited in the	64718
state treasury and credited as follows:	64719

(a) One hundred twelve dollars and fifty cents shall be	64720
credited to the statewide treatment and prevention fund created by	64721
section 4301.30 of the Revised Code. Money credited to the fund	64722
under this section shall be used for purposes identified ~~in the~~	64723
~~comprehensive statewide alcohol and drug addiction services plan~~	64724
~~developed~~ under section ~~3793.04~~5119.22 of the Revised Code.	64725

(b) Seventy-five dollars shall be credited to the reparations	64726
fund created by section 2743.191 of the Revised Code.	64727

(c) Thirty-seven dollars and fifty cents shall be credited to	64728
the indigent drivers alcohol treatment fund, which is hereby	64729
established in the state treasury. Except as otherwise provided in	64730
division (F)(2)(c) of this section, moneys in the fund shall be	64731
distributed by the department of ~~alcohol and drug addiction~~	64732
~~services~~mental health and addiction services to the county	64733
indigent drivers alcohol treatment funds, the county juvenile	64734
indigent drivers alcohol treatment funds, and the municipal	64735
indigent drivers alcohol treatment funds that are required to be	64736
established by counties and municipal corporations pursuant to	64737
division (H) of this section, and shall be used only to pay the	64738
cost of an alcohol and drug addiction treatment program attended	64739
by an offender or juvenile traffic offender who is ordered to	64740
attend an alcohol and drug addiction treatment program by a	64741
county, juvenile, or municipal court judge and who is determined	64742
by the county, juvenile, or municipal court judge not to have the	64743
means to pay for the person's attendance at the program or to pay	64744
the costs specified in division (H)(4) of this section in	64745
accordance with that division. In addition, a county, juvenile, or	64746
municipal court judge may use moneys in the county indigent	64747
drivers alcohol treatment fund, county juvenile indigent drivers	64748
alcohol treatment fund, or municipal indigent drivers alcohol	64749
treatment fund to pay for the cost of the continued use of an	64750
alcohol monitoring device as described in divisions (H)(3) and (4)	64751
of this section. Moneys in the fund that are not distributed to a	64752
county indigent drivers alcohol treatment fund, a county juvenile	64753
indigent drivers alcohol treatment fund, or a municipal indigent	64754
drivers alcohol treatment fund under division (H) of this section	64755
because the director of ~~alcohol and drug addiction services~~mental	64756
health and addiction services does not have the information	64757
necessary to identify the county or municipal corporation where	64758
the offender or juvenile offender was arrested may be transferred	64759
by the director of budget and management to the statewide	64760
treatment and prevention fund created by section 4301.30 of the	64761
Revised Code, upon certification of the amount by the director of	64762
~~alcohol and drug addiction services~~mental health and addiction	64763
services.	64764

(d) Seventy-five dollars shall be credited to the ~~Ohio~~	64765
~~rehabilitation services commission~~opportunities for Ohioans with	64766
disabilities agency established by section ~~3304.12~~3304.15 of the	64767
Revised Code, to the services for rehabilitation fund, which is	64768
hereby established. The fund shall be used to match available	64769
federal matching funds where appropriate, and for any other	64770
purpose or program of the ~~commission~~agency to rehabilitate ~~people~~	64771
persons with disabilities to help them become employed and	64772
independent.	64773

(e) Seventy-five dollars shall be deposited into the state	64774
treasury and credited to the drug abuse resistance education	64775
programs fund, which is hereby established, to be used by the	64776
attorney general for the purposes specified in division (F)(4) of	64777
this section.	64778

(f) Thirty dollars shall be credited to the state bureau of	64779
motor vehicles fund created by section 4501.25 of the Revised	64780
Code.	64781

(g) Twenty dollars shall be credited to the trauma and	64782
emergency medical services fund created by section 4513.263 of the	64783
Revised Code.	64784

(h) Fifty dollars shall be credited to the indigent drivers	64785
interlock and alcohol monitoring fund, which is hereby established	64786
in the state treasury. Moneys in the fund shall be distributed by	64787
the department of public safety to the county indigent drivers	64788
interlock and alcohol monitoring funds, the county juvenile	64789
indigent drivers interlock and alcohol monitoring funds, and the	64790
municipal indigent drivers interlock and alcohol monitoring funds	64791
that are required to be established by counties and municipal	64792
corporations pursuant to this section, and shall be used only to	64793
pay the cost of an immobilizing or disabling device, including a	64794
certified ignition interlock device, or an alcohol monitoring	64795
device used by an offender or juvenile offender who is ordered to	64796
use the device by a county, juvenile, or municipal court judge and	64797
who is determined by the county, juvenile, or municipal court	64798
judge not to have the means to pay for the person's use of the	64799
device.	64800

(3) If a person's driver's or commercial driver's license or	64801
permit is suspended under this section, under section 4511.196 or	64802
division (G) of section 4511.19 of the Revised Code, under section	64803
4510.07 of the Revised Code for a violation of a municipal OVI	64804
ordinance or under any combination of the suspensions described in	64805
division (F)(3) of this section, and if the suspensions arise from	64806
a single incident or a single set of facts and circumstances, the	64807
person is liable for payment of, and shall be required to pay to	64808
the registrar or an eligible deputy registrar, only one	64809
reinstatement fee of four hundred seventy-five dollars. The	64810
reinstatement fee shall be distributed by the bureau in accordance	64811
with division (F)(2) of this section.	64812

(4) The attorney general shall use amounts in the drug abuse	64813
resistance education programs fund to award grants to law	64814
enforcement agencies to establish and implement drug abuse	64815
resistance education programs in public schools. Grants awarded to	64816
a law enforcement agency under this section shall be used by the	64817
agency to pay for not more than fifty per cent of the amount of	64818
the salaries of law enforcement officers who conduct drug abuse	64819
resistance education programs in public schools. The attorney	64820
general shall not use more than six per cent of the amounts the	64821
attorney general's office receives under division (F)(2)(e) of	64822
this section to pay the costs it incurs in administering the grant	64823
program established by division (F)(2)(e) of this section and in	64824
providing training and materials relating to drug abuse resistance	64825
education programs.	64826

The attorney general shall report to the governor and the	64827
general assembly each fiscal year on the progress made in	64828
establishing and implementing drug abuse resistance education	64829
programs. These reports shall include an evaluation of the	64830
effectiveness of these programs.	64831

(5) In addition to the reinstatement fee under this section,	64832
if the person pays the reinstatement fee to a deputy registrar,	64833
the deputy registrar shall collect a service fee of ten dollars to	64834
compensate the deputy registrar for services performed under this	64835
section. The deputy registrar shall retain eight dollars of the	64836
service fee and shall transmit the reinstatement fee, plus two	64837
dollars of the service fee, to the registrar in the manner the	64838
registrar shall determine.	64839

(G) Suspension of a commercial driver's license under	64840
division (B) or (C) of this section shall be concurrent with any	64841
period of disqualification under section 3123.611 or 4506.16 of	64842
the Revised Code or any period of suspension under section 3123.58	64843
of the Revised Code. No person who is disqualified for life from	64844
holding a commercial driver's license under section 4506.16 of the	64845
Revised Code shall be issued a driver's license under Chapter	64846
4507. of the Revised Code during the period for which the	64847
commercial driver's license was suspended under division (B) or	64848
(C) of this section. No person whose commercial driver's license	64849
is suspended under division (B) or (C) of this section shall be	64850
issued a driver's license under Chapter 4507. of the Revised Code	64851
during the period of the suspension.	64852

(H)(1) Each county shall establish an indigent drivers	64853
alcohol treatment fund, each county shall establish a juvenile	64854
indigent drivers alcohol treatment fund, and each municipal	64855
corporation in which there is a municipal court shall establish an	64856
indigent drivers alcohol treatment fund. All revenue that the	64857
general assembly appropriates to the indigent drivers alcohol	64858
treatment fund for transfer to a county indigent drivers alcohol	64859
treatment fund, a county juvenile indigent drivers alcohol	64860
treatment fund, or a municipal indigent drivers alcohol treatment	64861
fund, all portions of fees that are paid under division (F) of	64862
this section and that are credited under that division to the	64863
indigent drivers alcohol treatment fund in the state treasury for	64864
a county indigent drivers alcohol treatment fund, a county	64865
juvenile indigent drivers alcohol treatment fund, or a municipal	64866
indigent drivers alcohol treatment fund, all portions of	64867
additional costs imposed under section 2949.094 of the Revised	64868
Code that are specified for deposit into a county, county	64869
juvenile, or municipal indigent drivers alcohol treatment fund by	64870
that section, and all portions of fines that are specified for	64871
deposit into a county or municipal indigent drivers alcohol	64872
treatment fund by section 4511.193 of the Revised Code shall be	64873
deposited into that county indigent drivers alcohol treatment	64874
fund, county juvenile indigent drivers alcohol treatment fund, or	64875
municipal indigent drivers alcohol treatment fund. The portions of	64876
the fees paid under division (F) of this section that are to be so	64877
deposited shall be determined in accordance with division (H)(2)	64878
of this section. Additionally, all portions of fines that are paid	64879
for a violation of section 4511.19 of the Revised Code or of any	64880
prohibition contained in Chapter 4510. of the Revised Code, and	64881
that are required under section 4511.19 or any provision of	64882
Chapter 4510. of the Revised Code to be deposited into a county	64883
indigent drivers alcohol treatment fund or municipal indigent	64884
drivers alcohol treatment fund shall be deposited into the	64885
appropriate fund in accordance with the applicable division of the	64886
section or provision.	64887

(2) That portion of the license reinstatement fee that is	64888
paid under division (F) of this section and that is credited under	64889
that division to the indigent drivers alcohol treatment fund shall	64890
be deposited into a county indigent drivers alcohol treatment	64891
fund, a county juvenile indigent drivers alcohol treatment fund,	64892
or a municipal indigent drivers alcohol treatment fund as follows:	64893

(a) Regarding a suspension imposed under this section, that	64894
portion of the fee shall be deposited as follows:	64895

(i) If the fee is paid by a person who was charged in a	64896
county court with the violation that resulted in the suspension or	64897
in the imposition of the court costs, the portion shall be	64898
deposited into the county indigent drivers alcohol treatment fund	64899
under the control of that court;	64900

(ii) If the fee is paid by a person who was charged in a	64901
juvenile court with the violation that resulted in the suspension	64902
or in the imposition of the court costs, the portion shall be	64903
deposited into the county juvenile indigent drivers alcohol	64904
treatment fund established in the county served by the court;	64905

(iii) If the fee is paid by a person who was charged in a	64906
municipal court with the violation that resulted in the suspension	64907
or in the imposition of the court costs, the portion shall be	64908
deposited into the municipal indigent drivers alcohol treatment	64909
fund under the control of that court.	64910

(b) Regarding a suspension imposed under section 4511.19 of	64911
the Revised Code or under section 4510.07 of the Revised Code for	64912
a violation of a municipal OVI ordinance, that portion of the fee	64913
shall be deposited as follows:	64914

(i) If the fee is paid by a person whose license or permit	64915
was suspended by a county court, the portion shall be deposited	64916
into the county indigent drivers alcohol treatment fund under the	64917
control of that court;	64918

(ii) If the fee is paid by a person whose license or permit	64919
was suspended by a municipal court, the portion shall be deposited	64920
into the municipal indigent drivers alcohol treatment fund under	64921
the control of that court.	64922

(3) Expenditures from a county indigent drivers alcohol	64923
treatment fund, a county juvenile indigent drivers alcohol	64924
treatment fund, or a municipal indigent drivers alcohol treatment	64925
fund shall be made only upon the order of a county, juvenile, or	64926
municipal court judge and only for payment of the cost of an	64927
assessment or the cost of the attendance at an alcohol and drug	64928
addiction treatment program of a person who is convicted of, or	64929
found to be a juvenile traffic offender by reason of, a violation	64930
of division (A) of section 4511.19 of the Revised Code or a	64931
substantially similar municipal ordinance, who is ordered by the	64932
court to attend the alcohol and drug addiction treatment program,	64933
and who is determined by the court to be unable to pay the cost of	64934
the assessment or the cost of attendance at the treatment program	64935
or for payment of the costs specified in division (H)(4) of this	64936
section in accordance with that division. The alcohol and drug	64937
addiction services board or the board of alcohol, drug addiction,	64938
and mental health services established pursuant to section 340.02	64939
or 340.021 of the Revised Code and serving the alcohol, drug	64940
addiction, and mental health service district in which the court	64941
is located shall administer the indigent drivers alcohol treatment	64942
program of the court. When a court orders an offender or juvenile	64943
traffic offender to obtain an assessment or attend an alcohol and	64944
drug addiction treatment program, the board shall determine which	64945
program is suitable to meet the needs of the offender or juvenile	64946
traffic offender, and when a suitable program is located and space	64947
is available at the program, the offender or juvenile traffic	64948
offender shall attend the program designated by the board. A	64949
reasonable amount not to exceed five per cent of the amounts	64950
credited to and deposited into the county indigent drivers alcohol	64951
treatment fund, the county juvenile indigent drivers alcohol	64952
treatment fund, or the municipal indigent drivers alcohol	64953
treatment fund serving every court whose program is administered	64954
by that board shall be paid to the board to cover the costs it	64955
incurs in administering those indigent drivers alcohol treatment	64956
programs.	64957

In addition, upon exhaustion of moneys in the indigent	64958
drivers interlock and alcohol monitoring fund for the use of an	64959
alcohol monitoring device, a county, juvenile, or municipal court	64960
judge may use moneys in the county indigent drivers alcohol	64961
treatment fund, county juvenile indigent drivers alcohol treatment	64962
fund, or municipal indigent drivers alcohol treatment fund in the	64963
following manners:	64964

(a) If the source of the moneys was an appropriation of the	64965
general assembly, a portion of a fee that was paid under division	64966
(F) of this section, a portion of a fine that was specified for	64967
deposit into the fund by section 4511.193 of the Revised Code, or	64968
a portion of a fine that was paid for a violation of section	64969
4511.19 of the Revised Code or of a provision contained in Chapter	64970
4510. of the Revised Code that was required to be deposited into	64971
the fund, to pay for the continued use of an alcohol monitoring	64972
device by an offender or juvenile traffic offender, in conjunction	64973
with a treatment program approved by the department of ~~alcohol and~~	64974
~~drug addiction services~~mental health and addiction services, when	64975
such use is determined clinically necessary by the treatment	64976
program and when the court determines that the offender or	64977
juvenile traffic offender is unable to pay all or part of the	64978
daily monitoring or cost of the device;	64979

(b) If the source of the moneys was a portion of an	64980
additional court cost imposed under section 2949.094 of the	64981
Revised Code, to pay for the continued use of an alcohol	64982
monitoring device by an offender or juvenile traffic offender when	64983
the court determines that the offender or juvenile traffic	64984
offender is unable to pay all or part of the daily monitoring or	64985
cost of the device. The moneys may be used for a device as	64986
described in this division if the use of the device is in	64987
conjunction with a treatment program approved by the department of	64988
~~alcohol and drug addiction services~~mental health and addiction	64989
services, when the use of the device is determined clinically	64990
necessary by the treatment program, but the use of a device is not	64991
required to be in conjunction with a treatment program approved by	64992
the department in order for the moneys to be used for the device	64993
as described in this division.	64994

(4) If a county, juvenile, or municipal court determines, in	64995
consultation with the alcohol and drug addiction services board or	64996
the board of alcohol, drug addiction, and mental health services	64997
established pursuant to section 340.02 or 340.021 of the Revised	64998
Code and serving the alcohol, drug addiction, and mental health	64999
district in which the court is located, that the funds in the	65000
county indigent drivers alcohol treatment fund, the county	65001
juvenile indigent drivers alcohol treatment fund, or the municipal	65002
indigent drivers alcohol treatment fund under the control of the	65003
court are more than sufficient to satisfy the purpose for which	65004
the fund was established, as specified in divisions (H)(1) to (3)	65005
of this section, the court may declare a surplus in the fund. If	65006
the court declares a surplus in the fund, the court may expend the	65007
amount of the surplus in the fund for:	65008

(a) Alcohol and drug abuse assessment and treatment of	65009
persons who are charged in the court with committing a criminal	65010
offense or with being a delinquent child or juvenile traffic	65011
offender and in relation to whom both of the following apply:	65012

(i) The court determines that substance abuse was a	65013
contributing factor leading to the criminal or delinquent activity	65014
or the juvenile traffic offense with which the person is charged.	65015

(ii) The court determines that the person is unable to pay	65016
the cost of the alcohol and drug abuse assessment and treatment	65017
for which the surplus money will be used.	65018

(b) All or part of the cost of purchasing alcohol monitoring	65019
devices to be used in conjunction with division (H)(3) of this	65020
section, upon exhaustion of moneys in the indigent drivers	65021
interlock and alcohol monitoring fund for the use of an alcohol	65022
monitoring device.	65023

(5) For the purpose of determining as described in division	65024
(F)(2)(c) of this section whether an offender does not have the	65025
means to pay for the offender's attendance at an alcohol and drug	65026
addiction treatment program or whether an alleged offender or	65027
delinquent child is unable to pay the costs specified in division	65028
(H)(4) of this section, the court shall use the indigent client	65029
eligibility guidelines and the standards of indigency established	65030
by the state public defender to make the determination.	65031

(6) The court shall identify and refer any ~~alcohol and drug~~	65032
community addiction ~~program~~services provider that is not	65033
certified under section ~~3793.06~~5119.36 of the Revised Code and	65034
that is interested in receiving amounts from the surplus in the	65035
fund declared under division (H)(4) of this section to the	65036
department of ~~alcohol and drug addiction services~~mental health	65037
and addiction services in order for the ~~program~~services provider	65038
to become a certified ~~alcohol and drug~~community addiction	65039
~~program~~services provider. The department shall keep a record of	65040
applicant referrals received pursuant to this division and shall	65041
submit a report on the referrals each year to the general	65042
assembly. If a ~~program~~services provider interested in becoming	65043
certified makes an application to become certified pursuant to	65044
section ~~3793.06~~5119.36 of the Revised Code, the ~~program~~services	65045
provider is eligible to receive surplus funds as long as the	65046
application is pending with the department. The department of	65047
~~alcohol and drug addiction services~~mental health and addiction	65048
services must offer technical assistance to the applicant. If the	65049
interested ~~program~~services provider withdraws the certification	65050
application, the department must notify the court, and the court	65051
shall not provide the interested ~~program~~services provider with	65052
any further surplus funds.	65053

(7)(a) Each alcohol and drug addiction services board and	65054
board of alcohol, drug addiction, and mental health services	65055
established pursuant to section 340.02 or 340.021 of the Revised	65056
Code shall submit to the department of ~~alcohol and drug addiction~~	65057
~~services~~mental health and addiction services an annual report for	65058
each indigent drivers alcohol treatment fund in that board's area.	65059

(b) The report, which shall be submitted not later than sixty	65060
days after the end of the state fiscal year, shall provide the	65061
total payment that was made from the fund, including the number of	65062
indigent consumers that received treatment services and the number	65063
of indigent consumers that received an alcohol monitoring device.	65064
The report shall identify the treatment program and expenditure	65065
for an alcohol monitoring device for which that payment was made.	65066
The report shall include the fiscal year balance of each indigent	65067
drivers alcohol treatment fund located in that board's area. In	65068
the event that a surplus is declared in the fund pursuant to	65069
division (H)(4) of this section, the report also shall provide the	65070
total payment that was made from the surplus moneys and identify	65071
the treatment program and expenditure for an alcohol monitoring	65072
device for which that payment was made. ~~The department may require~~	65073
~~additional information necessary to complete the comprehensive~~	65074
~~statewide alcohol and drug addiction services plan as required by~~	65075
~~section 3793.04 of the Revised Code.~~	65076

(c) If a board is unable to obtain adequate information to	65077
develop the report to submit to the department for a particular	65078
indigent drivers alcohol treatment fund, the board shall submit a	65079
report detailing the effort made in obtaining the information.	65080

(I)(1) Each county shall establish an indigent drivers	65081
interlock and alcohol monitoring fund and a juvenile indigent	65082
drivers interlock and alcohol treatment fund, and each municipal	65083
corporation in which there is a municipal court shall establish an	65084
indigent drivers interlock and alcohol monitoring fund. All	65085
revenue that the general assembly appropriates to the indigent	65086
drivers interlock and alcohol monitoring fund for transfer to a	65087
county indigent drivers interlock and alcohol monitoring fund, a	65088
county juvenile indigent drivers interlock and alcohol monitoring	65089
fund, or a municipal indigent drivers interlock and alcohol	65090
monitoring fund, all portions of license reinstatement fees that	65091
are paid under division (F)(2) of this section and that are	65092
credited under that division to the indigent drivers interlock and	65093
alcohol monitoring fund in the state treasury, and all portions of	65094
fines that are paid under division (G) of section 4511.19 of the	65095
Revised Code and that are credited by division (G)(5)(e) of that	65096
section to the indigent drivers interlock and alcohol monitoring	65097
fund in the state treasury shall be deposited in the appropriate	65098
fund in accordance with division (I)(2) of this section.	65099

(2) That portion of the license reinstatement fee that is	65100
paid under division (F) of this section and that portion of the	65101
fine paid under division (G) of section 4511.19 of the Revised	65102
Code and that is credited under either division to the indigent	65103
drivers interlock and alcohol monitoring fund shall be deposited	65104
into a county indigent drivers interlock and alcohol monitoring	65105
fund, a county juvenile indigent drivers interlock and alcohol	65106
monitoring fund, or a municipal indigent drivers interlock and	65107
alcohol monitoring fund as follows:	65108

(a) If the fee or fine is paid by a person who was charged in	65109
a county court with the violation that resulted in the suspension	65110
or fine, the portion shall be deposited into the county indigent	65111
drivers interlock and alcohol monitoring fund under the control of	65112
that court.	65113

(b) If the fee or fine is paid by a person who was charged in	65114
a juvenile court with the violation that resulted in the	65115
suspension or fine, the portion shall be deposited into the county	65116
juvenile indigent drivers interlock and alcohol monitoring fund	65117
established in the county served by the court.	65118

(c) If the fee or fine is paid by a person who was charged in	65119
a municipal court with the violation that resulted in the	65120
suspension, the portion shall be deposited into the municipal	65121
indigent drivers interlock and alcohol monitoring fund under the	65122
control of that court.	65123

Sec. 4701.03. (A) The accountancy board annually shall elect	65124
a president, secretary, and treasurer from its members. The board	65125
may adopt and amend rules for the orderly conduct of its affairs	65126
and for the administration of this chapter. The board may adopt	65127
and amend rules defining the practice of public accounting, rules	65128
of professional conduct appropriate to establish and maintain a	65129
high standard of integrity and dignity in registrants and	65130
certificate holders under this chapter, and rules regulating the	65131
sole proprietorship, partnership, limited liability company,	65132
professional association, corporation-for-profit, or other legal	65133
entity practice of public accounting. A majority of the board	65134
shall constitute a quorum for the transaction of business.	65135

(B) The board shall keep and hold open for public inspection	65136
all records of its proceedings.	65137

(C) The board may employ any clerks that are necessary to	65138
assist it in the performance of its duties and the keeping of its	65139
records. If the board employs an executive director, the board	65140
shall pay the executive director ~~shall be paid~~ in accordance with	65141
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	65142
~~Code, or, if the director was employed and being paid on June 28,~~	65143
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	65144
~~former section 124.152 of the Revised Code and continued to be so~~	65145
~~paid on June 29, 2003, the executive director shall be paid in~~	65146
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	65147
~~only of~~ section 124.152 of the Revised Code.	65148

Sec. 4707.073. (A) No corporation, limited liability company,	65149
general or limited partnership, or unincorporated association	65150
shall act or hold itself out as an auctioneer without a valid	65151
auctioneer's license issued under this section. This section does	65152
not apply to a person who is issued a license under section	65153
4707.071 of the Revised Code.	65154

(B) The department of agriculture may grant an auctioneer's	65155
license to a corporation, limited liability company, general or	65156
limited partnership, or unincorporated association that is	65157
determined to be qualified by the department. Every applicant for	65158
a license under this section shall furnish to the department, on	65159
forms provided by the department, satisfactory proof that the	65160
applicant:	65161

(1) Is in good standing with the secretary of state if the	65162
applicant is a corporation;	65163

(2) Is of trustworthy character;

65164

(3) Has provided proof of financial responsibility as	65165
required in section 4707.11 of the Revised Code;	65166

(4) Is registered with the secretary of state or a local	65167
authority, as applicable, to do business in this state;	65168

(5) Has complied with any other requirement that the director	65169
establishes in rules adopted under section 4707.19 of the Revised	65170
Code.	65171

(C) An application submitted under this section shall list	65172
the names of all of the owners, directors, partners, or members of	65173
the applicant, as applicable, and shall indicate those that have	65174
an auctioneer's license issued under section 4707.07 of the	65175
Revised Code.	65176

(D)~~(1)~~ The department shall not issue a license under this	65177
section unless one of the following applies, as applicable:	65178

~~(a)~~(1) If the applicant is a limited liability company or a	65179
general or limited partnership, not less than fifty per cent of	65180
the members or general partners have a current license issued	65181
under section 4707.07 of the Revised Code.	65182

~~(b)~~(2) If the applicant is a corporation, not less than fifty	65183
per cent of the directors and the president or chief executive	65184
have a current license issued under section 4707.07 of the Revised	65185
Code.	65186

~~(c)~~(3) If the applicant is an unincorporated association, not	65187
less than fifty per cent of the members have a current license	65188
issued under section 4707.07 of the Revised Code.	65189

Failure of a corporation, limited liability company,	65190
partnership, or unincorporated association to maintain the	65191
applicable requirements of this division after the issuance of a	65192
license under this section may be sufficient cause for the	65193
revocation of the license under section 4707.15 of the Revised	65194
Code.	65195

~~(2) Not later than two years after the effective date of this~~	65196
~~section, a corporation, partnership, or unincorporated association~~	65197
~~that was issued a license under section 4707.07 of the Revised~~	65198
~~Code on or before the effective date of this section shall comply~~	65199
~~with the requirements established in division (D)(1) of this~~	65200
~~section. If such a corporation, partnership, or unincorporated~~	65201
~~association fails to comply with those requirements, the license~~	65202
~~of the corporation, partnership, or unincorporated association~~	65203
~~immediately shall terminate.~~	65204

(E) Upon the issuance of a license under this section, a	65205
corporation, limited liability company, partnership, or	65206
unincorporated association shall designate an individual from	65207
among its directors, partners, or members who is licensed under	65208
section 4707.07 of the Revised Code as its agent for purposes of	65209
communication with the department. If that individual ceases to be	65210
the agent, the corporation, limited liability company,	65211
partnership, or unincorporated association shall notify the	65212
department not later than ten days after the day on which the	65213
individual ceases to be the agent. Upon notification to the	65214
department, the license of the corporation, limited liability	65215
company, partnership, or unincorporated association, as	65216
applicable, immediately shall terminate. If the corporation,	65217
limited liability company, partnership, or unincorporated	65218
association notifies the department of the designation of a new	65219
agent in accordance with the requirements of this division and	65220
pays a fee in the amount of ten dollars, the department shall	65221
issue the corporation, limited liability company, partnership, or	65222
unincorporated association a new license.	65223

(F) This section does not preclude a corporation, limited	65224
liability company, partnership, or unincorporated association from	65225
selling real property at auction, provided that the requirements	65226
of this section and section 4707.021 and Chapter 4735. of the	65227
Revised Code are satisfied.	65228

(G) A person licensed as a real estate broker under Chapter	65229
4735. of the Revised Code shall not be required to obtain a	65230
license under this section if the person complies with sections	65231
4707.021 and 4707.22 of the Revised Code.	65232

Sec. 4707.10. (A) The fee for each apprentice auctioneer's	65233
or auction firm license issued by the department of agriculture is	65234
one hundred dollars, and the annual renewal fee for any such	65235
license is one hundred dollars. All licenses expire annually on	65236
the last day of June of each year and shall be renewed according	65237
to the standard renewal procedures of Chapter 4745. of the Revised	65238
Code, or the procedures of this section. Any licensee under this	65239
chapter who wishes to renew the licensee's license, but fails to	65240
do so before the first day of July shall reapply for licensure in	65241
the same manner and pursuant to the same requirements as for	65242
initial licensure, unless before the first day of September of the	65243
year of expiration, the former licensee pays to the department, in	65244
addition to the regular renewal fee, a late renewal penalty of one	65245
hundred dollars.	65246

(B)(1) Each person to whom the department issues an	65247
auctioneer's license or special auctioneer's license shall pay a	65248
licensure fee. Those licenses are biennial and expire in	65249
accordance with the schedule established in division (B)(2) of	65250
this section. If such a license is issued during the first year of	65251
a biennium, the licensee shall pay a fee in the amount of two	65252
hundred dollars. If the license is issued during the second year	65253
of a biennium, the licensee shall pay a fee in the amount of one	65254
hundred dollars. With respect to an auctioneer's license, the fees	65255
apply regardless of whether the license is issued to an individual	65256
under section 4707.07 of the Revised Code or to a corporation,	65257
limited liability company, partnership, or association under	65258
section 4707.073 of the Revised Code.	65259

All auctioneer's licenses and special auctioneer's licenses	65260
expire on the last day of June of the biennium. The licenses shall	65261
be renewed in accordance with the standard renewal procedures of	65262
Chapter 4745. of the Revised Code or the procedures in this	65263
section and upon the licensee's payment to the department of a	65264
renewal fee of two hundred dollars. A licensee who wishes to renew	65265
the licensee's license, but who fails to do so before the first	65266
day of July following the license's expiration, shall reapply for	65267
licensure in the same manner and pursuant to the same requirements	65268
as for the initial licensure unless before the first day of	65269
September following the expiration, the former licensee pays to	65270
the department, in addition to the regular renewal fee, a late	65271
renewal penalty of one hundred dollars.	65272

(2) The biennial expiration of an auctioneer's license or	65273
special auctioneer's license shall occur in accordance with the	65274
following schedule:	65275

(a) The license shall expire in odd-numbered years if the	65276
business name or last name, as applicable, of the licensee begins	65277
with the letters "A" through "J" or with the letters "X" through	65278
"Z."	65279

(b) The license shall expire in even-numbered years if the	65280
business name or last name, as applicable, of the licensee begins	65281
with the letters "K" through "W."	65282

(C) Any person who fails to renew the person's license before	65283
the first day of July is prohibited from engaging in any activity	65284
specified or comprehended in section 4707.01 of the Revised Code	65285
until such time as the person's license is renewed or a new	65286
license is issued. Renewal of a license between the first day of	65287
July and the first day of September does not relieve any person	65288
from complying with this division. The department may refuse to	65289
renew the license of or issue a new license to any person who	65290
violates this division.	65291

(D) The department shall prepare and deliver to each licensee	65292
a permanent license certificate and an identification card, the	65293
appropriate portion of which shall be carried on the person of the	65294
licensee at all times when engaged in any type of auction	65295
activity, and part of which shall be posted with the permanent	65296
certificate in a conspicuous location at the licensee's place of	65297
business.	65298

(E) Notice in writing shall be given to the department by	65299
each auctioneer or apprentice auctioneer licensee of any change of	65300
principal business location or any change or addition to the name	65301
or names under which business is conducted, whereupon the	65302
department shall issue a new license for the unexpired period. Any	65303
change of business location or change or addition of names without	65304
notification to the department shall automatically cancel any	65305
license previously issued. For each new ~~auctioneer~~auctioneer's or	65306
apprentice ~~auctioneer~~auctioneer's license issued upon the	65307
occasion of a change in business location or a change in or an	65308
addition of names under which business is conducted, the	65309
department may collect a fee of ten dollars for each change in	65310
location, or name or each added name unless the notification of	65311
the change occurs concurrently with the renewal application or	65312
unless otherwise provided in section 4707.07 of the Revised Code.	65313

Sec. 4715.36. As used in this section and sections 4715.361	65314
to 4715.374 of the Revised Code:	65315

(A) "Accredited dental hygiene school" means a dental hygiene	65316
school accredited by the American dental association commission on	65317
dental accreditation or a dental hygiene school whose educational	65318
standards are recognized by the American dental association	65319
commission on dental accreditation and approved by the state	65320
dental board.	65321

(B) "Authorizing dentist" means a dentist who authorizes a	65322
dental hygienist to perform dental hygiene services under section	65323
4715.365 of the Revised Code.	65324

(C) "Clinical evaluation" means a diagnosis and treatment	65325
plan formulated for an individual patient by a dentist.	65326

(D) "Dentist" means an individual licensed under this chapter	65327
to practice dentistry.	65328

(E) "Dental hygienist" means an individual licensed under	65329
this chapter to practice as a dental hygienist.	65330

(F) "Dental hygiene services" means the prophylactic,	65331
preventive, and other procedures that dentists are authorized by	65332
this chapter and rules of the state dental board to assign to	65333
dental hygienists, except for procedures while a patient is	65334
anesthetized, definitive root planing, definitive subgingival	65335
curettage, the administration of local anesthesia, and the	65336
procedures specified in rules adopted by the board as described in	65337
division (C)(4) of section 4715.22 of the Revised Code.	65338

(G) "Facility" means any of the following:

65339

(1) A health care facility, as defined in section 4715.22 of	65340
the Revised Code;	65341

(2) A state correctional institution, as defined in section	65342
2967.01 of the Revised Code;	65343

(3) A comprehensive child development program that receives	65344
funds distributed under the "Head Start Act," 95 Stat. 499 (1981),	65345
42 U.S.C. 9831, as amended, and is licensed as a child day-care	65346
center;	65347

(4) A residential facility licensed under section 5123.19 of	65348
the Revised Code;	65349

(5) A public school, as defined in section 3701.93 of the	65350
Revised Code, located in an area designated as a dental health	65351
resource shortage area pursuant to section 3702.87 of the Revised	65352
Code;	65353

(6) A nonpublic school, as defined in section 3701.93 of the	65354
Revised Code, located in an area designated as a dental health	65355
resource shortage area pursuant to section 3702.87 of the Revised	65356
Code;	65357

(7) A federally qualified health center or federally	65358
qualified health center look-alike, as defined in section 3701.047	65359
of the Revised Code;	65360

(8) A shelter for victims of domestic violence, as defined in	65361
section 3113.33 of the Revised Code;	65362

(9) A facility operated by the department of youth services	65363
under Chapter 5139. of the Revised Code;	65364

(10) ~~A shelter for runaways, as defined in section 5119.64 of~~	65365
~~the Revised Code;~~	65366

~~(11)~~ A foster home, as defined in section 5103.02 of the	65367
Revised Code;	65368

~~(12)~~(11) A nonprofit clinic, as defined in section 3715.87 of	65369
the Revised Code;	65370

~~(13)~~(12) The residence of one or more individuals receiving	65371
services provided by a home health agency, as defined in section	65372
5101.61 of the Revised Code;	65373

~~(14)~~(13) A dispensary;

65374

~~(15)~~(14) A health care facility, such as a clinic or	65375
hospital, of the United States department of veterans affairs;	65376

~~(16)~~(15) The residence of one or more individuals enrolled in	65377
a home and community-based services medicaid waiver component, as	65378
defined in section ~~5111.851~~5166.01 of the Revised Code;	65379

~~(17)~~(16) A facility operated by the board of health of a city	65380
or general health district or the authority having the duties of a	65381
board of health under section 3709.05 of the Revised Code;	65382

~~(18)~~(17) A women, infants, and children clinic;

65383

~~(19)~~(18) A mobile dental unit located at any location listed	65384
in divisions (G)(1) to ~~(18)~~(17) of this section;	65385

~~(20)~~(19) Any other location, as specified by the state dental	65386
board in rules adopted under section 4715.372 of the Revised Code,	65387
that is in an area designated as a dental health resource shortage	65388
area pursuant to section 3702.87 of the Revised Code and provides	65389
health care services to individuals who are medicaid recipients of	65390
~~medical assistance under the medicaid program established pursuant~~	65391
~~to Chapter 5111. of the Revised Code~~ and to indigent and uninsured	65392
persons, as defined in section 2305.234 of the Revised Code.	65393

Sec. 4715.372. (A) The state dental board shall adopt rules	65394
in accordance with Chapter 119. of the Revised Code as necessary	65395
to implement the oral health access supervision program, including	65396
rules that do all of the following:	65397

(1) For the purpose of division (G)~~(20)~~(19) of section	65398
4715.36 of the Revised Code, designate additional facilities at	65399
which a dental hygienist may be authorized to perform dental	65400
hygiene services under the oral health access supervision program;	65401

(2) For the purpose of section 4715.362 of the Revised Code,	65402
prescribe the application form and requirements for obtaining an	65403
oral health access supervision permit;	65404

(3) For the purpose of section 4715.363 of the Revised Code,	65405
prescribe the application form for a permit to practice as a	65406
dental hygienist under the oral health access supervision of a	65407
dentist;	65408

(4) For the purpose of division (B)(3) of section 4715.363 of	65409
the Revised Code and subject to division (B) of this section,	65410
establish standards for the course in the practice of dental	65411
hygiene under oral health access supervision;	65412

(5) For the purpose of section 4715.369 of the Revised Code,	65413
prescribe the form for renewal of an oral health access	65414
supervision permit;	65415

(6) For the purpose of section 4715.37 of the Revised Code,	65416
prescribe the form for renewal of a permit to practice as a dental	65417
hygienist under the oral health access supervision of a dentist.	65418

(B) The course in the practice of dental hygiene under oral	65419
health access supervision for which the board establishes	65420
standards under division (A)(4) of this section shall meet all of	65421
the following requirements:	65422

(1) Be eight hours in length;

65423

(2) Include, at a minimum, instruction in both of the	65424
following:	65425

(a) The treatment of geriatric patients, medically	65426
compromised patients, developmentally disabled patients, and	65427
pediatric patients;	65428

(b) Recordkeeping practices.

65429

(3) Be developed and offered by an institution accredited by	65430
the American dental association commission on dental accreditation	65431
or a program provided by a sponsor of continuing education	65432
approved by the board;	65433

(4) Include content that is separate and independent from the	65434
course content required for the completion of dental hygiene	65435
education from an accredited dental hygiene school.	65436

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	65437
the Revised Code:	65438

(1) "Affiliate" means a business entity that is owned by,	65439
operated by, controlled by, or under common control with another	65440
business entity.	65441

(2) "Communication" means a written or oral notification or	65442
advertisement that meets both of the following criteria, as	65443
applicable:	65444

(a) The notification or advertisement is transmitted by or on	65445
behalf of the seller of goods or services and by or through any	65446
printed, audio, video, cinematic, telephonic, or electronic means.	65447

(b) In the case of a notification or advertisement other than	65448
by telephone, either of the following conditions is met:	65449

(i) The notification or advertisement is followed by a	65450
telephone call from a telephone solicitor or salesperson.	65451

(ii) The notification or advertisement invites a response by	65452
telephone, and, during the course of that response, a telephone	65453
solicitor or salesperson attempts to make or makes a sale of goods	65454
or services. As used in division (A)(2)(b)(ii) of this section,	65455
"invites a response by telephone" excludes the mere listing or	65456
inclusion of a telephone number in a notification or	65457
advertisement.	65458

(3) "Gift, award, or prize" means anything of value that is	65459
offered or purportedly offered, or given or purportedly given by	65460
chance, at no cost to the receiver and with no obligation to	65461
purchase goods or services. As used in this division, "chance"	65462
includes a situation in which a person is guaranteed to receive an	65463
item and, at the time of the offer or purported offer, the	65464
telephone solicitor does not identify the specific item that the	65465
person will receive.	65466

(4) "Goods or services" means any real property or any	65467
tangible or intangible personal property, or services of any kind	65468
provided or offered to a person. "Goods or services" includes, but	65469
is not limited to, advertising; labor performed for the benefit of	65470
a person; personal property intended to be attached to or	65471
installed in any real property, regardless of whether it is so	65472
attached or installed; timeshare estates or licenses; and extended	65473
service contracts.	65474

(5) "Purchaser" means a person that is solicited to become or	65475
does become financially obligated as a result of a telephone	65476
solicitation.	65477

(6) "Salesperson" means an individual who is employed,	65478
appointed, or authorized by a telephone solicitor to make	65479
telephone solicitations but does not mean any of the following:	65480

(a) An individual who comes within one of the exemptions in	65481
division (B) of this section;	65482

(b) An individual employed, appointed, or authorized by a	65483
person who comes within one of the exemptions in division (B) of	65484
this section;	65485

(c) An individual under a written contract with a person who	65486
comes within one of the exemptions in division (B) of this	65487
section, if liability for all transactions with purchasers is	65488
assumed by the person so exempted.	65489

(7) "Telephone solicitation" means a communication to a	65490
person that meets both of the following criteria:	65491

(a) The communication is initiated by or on behalf of a	65492
telephone solicitor or by a salesperson.	65493

(b) The communication either represents a price or the	65494
quality or availability of goods or services or is used to induce	65495
the person to purchase goods or services, including, but not	65496
limited to, inducement through the offering of a gift, award, or	65497
prize.	65498

(8) "Telephone solicitor" means a person that engages in	65499
telephone solicitation directly or through one or more	65500
salespersons either from a location in this state, or from a	65501
location outside this state to persons in this state. "Telephone	65502
solicitor" includes, but is not limited to, any such person that	65503
is an owner, operator, officer, or director of, partner in, or	65504
other individual engaged in the management activities of, a	65505
business.	65506

(B) A telephone solicitor is exempt from the provisions of	65507
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	65508
Code if the telephone solicitor is any one of the following:	65509

(1) A person engaging in a telephone solicitation that is a	65510
one-time or infrequent transaction not done in the course of a	65511
pattern of repeated transactions of a like nature;	65512

(2) A person engaged in telephone solicitation solely for	65513
religious or political purposes; a charitable organization,	65514
fund-raising counsel, or professional solicitor in compliance with	65515
the registration and reporting requirements of Chapter 1716. of	65516
the Revised Code; or any person or other entity exempt under	65517
section 1716.03 of the Revised Code from filing a registration	65518
statement under section 1716.02 of the Revised Code;	65519

(3) A person, making a telephone solicitation involving a	65520
home solicitation sale as defined in section 1345.21 of the	65521
Revised Code, that makes the sales presentation and completes the	65522
sale at a later, face-to-face meeting between the seller and the	65523
purchaser rather than during the telephone solicitation. However,	65524
if the person, following the telephone solicitation, causes	65525
another person to collect the payment of any money, this exemption	65526
does not apply.	65527

(4) A licensed securities, commodities, or investment broker,	65528
dealer, investment advisor, or associated person when making a	65529
telephone solicitation within the scope of the person's license.	65530
As used in division (B)(4) of this section, "licensed securities,	65531
commodities, or investment broker, dealer, investment advisor, or	65532
associated person" means a person subject to licensure or	65533
registration as such by the securities and exchange commission;	65534
the National Association of Securities Dealers or other	65535
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	65536
the division of securities under Chapter 1707. of the Revised	65537
Code; or by an official or agency of any other state of the United	65538
States.	65539

(5)(a) A person primarily engaged in soliciting the sale of a	65540
newspaper of general circulation;	65541

(b) As used in division (B)(5)(a) of this section, "newspaper	65542
of general circulation" includes, but is not limited to, both of	65543
the following:	65544

(i) A newspaper that is a daily law journal designated as an	65545
official publisher of court calendars pursuant to section 2701.09	65546
of the Revised Code;	65547

(ii) A newspaper or publication that has at least twenty-five	65548
per cent editorial, non-advertising content, exclusive of inserts,	65549
measured relative to total publication space, and an audited	65550
circulation to at least fifty per cent of the households in the	65551
newspaper's retail trade zone as defined by the audit.	65552

(6)(a) An issuer, or its subsidiary, that has a class of	65553
securities to which all of the following apply:	65554

(i) The class of securities is subject to section 12 of the	65555
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	65556
registered or is exempt from registration under 15 U.S.C.A.	65557
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	65558

(ii) The class of securities is listed on the New York stock	65559
exchange, the American stock exchange, or the NASDAQ national	65560
market system;	65561

(iii) The class of securities is a reported security as	65562
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	65563

(b) An issuer, or its subsidiary, that formerly had a class	65564
of securities that met the criteria set forth in division	65565
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	65566
net worth in excess of one hundred million dollars, files or its	65567
parent files with the securities and exchange commission an S.E.C.	65568
form 10-K, and has continued in substantially the same business	65569
since it had a class of securities that met the criteria in	65570
division (B)(6)(a) of this section. As used in division (B)(6)(b)	65571
of this section, "issuer" and "subsidiary" include the successor	65572
to an issuer or subsidiary.	65573

(7) A person soliciting a transaction regulated by the	65574
commodity futures trading commission, if the person is registered	65575
or temporarily registered for that activity with the commission	65576
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	65577
registration has not expired or been suspended or revoked;	65578

(8) A person soliciting the sale of any book, record, audio	65579
tape, compact disc, or video, if the person allows the purchaser	65580
to review the merchandise for at least seven days and provides a	65581
full refund within thirty days to a purchaser who returns the	65582
merchandise or if the person solicits the sale on behalf of a	65583
membership club operating in compliance with regulations adopted	65584
by the federal trade commission in 16 C.F.R. 425;	65585

(9) A supervised financial institution or its subsidiary. As	65586
used in division (B)(9) of this section, "supervised financial	65587
institution" means a bank, trust company, savings and loan	65588
association, savings bank, credit union, industrial loan company,	65589
consumer finance lender, commercial finance lender, or institution	65590
described in section 2(c)(2)(F) of the "Bank Holding Company Act	65591
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	65592
official or agency of the United States, this state, or any other	65593
state of the United States; or a licensee or registrant under	65594
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	65595
1321.83 of the Revised Code.	65596

(10)(a) An insurance company, association, or other	65597
organization that is licensed or authorized to conduct business in	65598
this state by the superintendent of insurance pursuant to Title	65599
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	65600
when soliciting within the scope of its license or authorization.	65601

(b) A licensed insurance broker, agent, or solicitor when	65602
soliciting within the scope of the person's license. As used in	65603
division (B)(10)(b) of this section, "licensed insurance broker,	65604
agent, or solicitor" means any person licensed as an insurance	65605
broker, agent, or solicitor by the superintendent of insurance	65606
pursuant to Title XXXIX of the Revised Code.	65607

(11) A person soliciting the sale of services provided by a	65608
cable television system operating under authority of a	65609
governmental franchise or permit;	65610

(12) A person soliciting a business-to-business sale under	65611
which any of the following conditions are met:	65612

(a) The telephone solicitor has been operating continuously	65613
for at least three years under the same business name under which	65614
it solicits purchasers, and at least fifty-one per cent of its	65615
gross dollar volume of sales consists of repeat sales to existing	65616
customers to whom it has made sales under the same business name.	65617

(b) The purchaser business intends to resell the goods	65618
purchased.	65619

(c) The purchaser business intends to use the goods or	65620
services purchased in a recycling, reuse, manufacturing, or	65621
remanufacturing process.	65622

(d) The telephone solicitor is a publisher of a periodical or	65623
of magazines distributed as controlled circulation publications as	65624
defined in ~~division (CC) of~~ section 5739.01 of the Revised Code	65625
and is soliciting sales of advertising, subscriptions, reprints,	65626
lists, information databases, conference participation or	65627
sponsorships, trade shows or media products related to the	65628
periodical or magazine, or other publishing services provided by	65629
the controlled circulation publication.	65630

(13) A person that, not less often than once each year,	65631
publishes and delivers to potential purchasers a catalog that	65632
complies with both of the following:	65633

(a) It includes all of the following:

65634

(i) The business address of the seller;

65635

(ii) A written description or illustration of each good or	65636
service offered for sale;	65637

(iii) A clear and conspicuous disclosure of the sale price of	65638
each good or service; shipping, handling, and other charges; and	65639
return policy.	65640

(b) One of the following applies:

65641

(i) The catalog includes at least twenty-four pages of	65642
written material and illustrations, is distributed in more than	65643
one state, and has an annual postage-paid mail circulation of not	65644
less than two hundred fifty thousand households;	65645

(ii) The catalog includes at least ten pages of written	65646
material or an equivalent amount of material in electronic form on	65647
the internet or an on-line computer service, the person does not	65648
solicit customers by telephone but solely receives telephone calls	65649
made in response to the catalog, and during the calls the person	65650
takes orders but does not engage in further solicitation of the	65651
purchaser. As used in division (B)(13)(b)(ii) of this section,	65652
"further solicitation" does not include providing the purchaser	65653
with information about, or attempting to sell, any other item in	65654
the catalog that prompted the purchaser's call or in a	65655
substantially similar catalog issued by the seller.	65656

(14) A political subdivision or instrumentality of the United	65657
States, this state, or any state of the United States;	65658

(15) A college or university or any other public or private	65659
institution of higher education in this state;	65660

(16) A public utility as defined in section 4905.02 of the	65661
Revised Code or a retail natural gas supplier as defined in	65662
section 4929.01 of the Revised Code, if the utility or supplier is	65663
subject to regulation by the public utilities commission, or the	65664
affiliate of the utility or supplier;	65665

(17) A person that solicits sales through a television	65666
program or advertisement that is presented in the same market area	65667
no fewer than twenty days per month or offers for sale no fewer	65668
than ten distinct items of goods or services; and offers to the	65669
purchaser an unconditional right to return any good or service	65670
purchased within a period of at least seven days and to receive a	65671
full refund within thirty days after the purchaser returns the	65672
good or cancels the service;	65673

(18)(a) A person that, for at least one year, has been	65674
operating a retail business under the same name as that used in	65675
connection with telephone solicitation and both of the following	65676
occur on a continuing basis:	65677

(i) The person either displays goods and offers them for	65678
retail sale at the person's business premises or offers services	65679
for sale and provides them at the person's business premises.	65680

(ii) At least fifty-one per cent of the person's gross dollar	65681
volume of retail sales involves purchases of goods or services at	65682
the person's business premises.	65683

(b) An affiliate of a person that meets the requirements in	65684
division (B)(18)(a) of this section if the affiliate meets all of	65685
the following requirements:	65686

(i) The affiliate has operated a retail business for a period	65687
of less than one year;	65688

(ii) The affiliate either displays goods and offers them for	65689
retail sale at the affiliate's business premises or offers	65690
services for sale and provides them at the affiliate's business	65691
premises;	65692

(iii) At least fifty-one per cent of the affiliate's gross	65693
dollar volume of retail sales involves purchases of goods or	65694
services at the affiliate's business premises.	65695

(c) A person that, for a period of less than one year, has	65696
been operating a retail business in this state under the same name	65697
as that used in connection with telephone solicitation, as long as	65698
all of the following requirements are met:	65699

(i) The person either displays goods and offers them for	65700
retail sale at the person's business premises or offers services	65701
for sale and provides them at the person's business premises;	65702

(ii) The goods or services that are the subject of telephone	65703
solicitation are sold at the person's business premises, and at	65704
least sixty-five per cent of the person's gross dollar volume of	65705
retail sales involves purchases of goods or services at the	65706
person's business premises;	65707

(iii) The person conducts all telephone solicitation	65708
activities according to sections 310.3, 310.4, and 310.5 of the	65709
telemarketing sales rule adopted by the federal trade commission	65710
in 16 C.F.R. part 310.	65711

(19) A person who performs telephone solicitation sales	65712
services on behalf of other persons and to whom one of the	65713
following applies:	65714

(a) The person has operated under the same ownership,	65715
control, and business name for at least five years, and the person	65716
receives at least seventy-five per cent of its gross revenues from	65717
written telephone solicitation contracts with persons who come	65718
within one of the exemptions in division (B) of this section.	65719

(b) The person is an affiliate of one or more exempt persons	65720
and makes telephone solicitations on behalf of only the exempt	65721
persons of which it is an affiliate.	65722

(c) The person makes telephone solicitations on behalf of	65723
only exempt persons, the person and each exempt person on whose	65724
behalf telephone solicitations are made have entered into a	65725
written contract that specifies the manner in which the telephone	65726
solicitations are to be conducted and that at a minimum requires	65727
compliance with the telemarketing sales rule adopted by the	65728
federal trade commission in 16 C.F.R. part 310, and the person	65729
conducts the telephone solicitations in the manner specified in	65730
the written contract.	65731

(d) The person performs telephone solicitation for religious	65732
or political purposes, a charitable organization, a fund-raising	65733
council, or a professional solicitor in compliance with the	65734
registration and reporting requirements of Chapter 1716. of the	65735
Revised Code; and meets all of the following requirements:	65736

(i) The person has operated under the same ownership,	65737
control, and business name for at least five years, and the person	65738
receives at least fifty-one per cent of its gross revenues from	65739
written telephone solicitation contracts with persons who come	65740
within the exemption in division (B)(2) of this section;	65741

(ii) The person does not conduct a prize promotion or offer	65742
the sale of an investment opportunity;	65743

(iii) The person conducts all telephone solicitation	65744
activities according to sections 310.3, 310.4, and 310.5 of the	65745
telemarketing sales rules adopted by the federal trade commission	65746
in 16 C.F.R. part 310.	65747

(20) A person that is a licensed real estate salesperson or	65748
broker under Chapter 4735. of the Revised Code when soliciting	65749
within the scope of the person's license;	65750

(21)(a) Either of the following:

65751

(i) A publisher that solicits the sale of the publisher's	65752
periodical or magazine of general, paid circulation, or a person	65753
that solicits a sale of that nature on behalf of a publisher under	65754
a written agreement directly between the publisher and the person.	65755

(ii) A publisher that solicits the sale of the publisher's	65756
periodical or magazine of general, paid circulation, or a person	65757
that solicits a sale of that nature as authorized by a publisher	65758
under a written agreement directly with a publisher's	65759
clearinghouse provided the person is a resident of Ohio for more	65760
than three years and initiates all telephone solicitations from	65761
Ohio and the person conducts the solicitation and sale in	65762
compliance with 16 C.F.R. part 310, as adopted by the federal	65763
trade commission.	65764

(b) As used in division (B)(21) of this section, "periodical	65765
or magazine of general, paid circulation" excludes a periodical or	65766
magazine circulated only as part of a membership package or given	65767
as a free gift or prize from the publisher or person.	65768

(22) A person that solicits the sale of food, as defined in	65769
section 3715.01 of the Revised Code, or the sale of products of	65770
horticulture, as defined in section 5739.01 of the Revised Code,	65771
if the person does not intend the solicitation to result in, or	65772
the solicitation actually does not result in, a sale that costs	65773
the purchaser an amount greater than five hundred dollars.	65774

(23) A funeral director licensed pursuant to Chapter 4717. of	65775
the Revised Code when soliciting within the scope of that license,	65776
if both of the following apply:	65777

(a) The solicitation and sale are conducted in compliance	65778
with 16 C.F.R. part 453, as adopted by the federal trade	65779
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	65780
the Revised Code;	65781

(b) The person provides to the purchaser of any preneed	65782
funeral contract a notice that clearly and conspicuously sets	65783
forth the cancellation rights specified in division (G) of section	65784
1107.33 of the Revised Code, and retains a copy of the notice	65785
signed by the purchaser.	65786

(24) A person, or affiliate thereof, licensed to sell or	65787
issue Ohio instruments designated as travelers checks pursuant to	65788
sections 1315.01 to 1315.18 of the Revised Code.	65789

(25) A person that solicits sales from its previous	65790
purchasers and meets all of the following requirements:	65791

(a) The solicitation is made under the same business name	65792
that was previously used to sell goods or services to the	65793
purchaser;	65794

(b) The person has, for a period of not less than three	65795
years, operated a business under the same business name as that	65796
used in connection with telephone solicitation;	65797

(c) The person does not conduct a prize promotion or offer	65798
the sale of an investment opportunity;	65799

(d) The person conducts all telephone solicitation activities	65800
according to sections 310.3, 310.4, and 310.5 of the telemarketing	65801
sales rules adopted by the federal trade commission in 16 C.F.R.	65802
part 310;	65803

(e) Neither the person nor any of its principals has been	65804
convicted of, pleaded guilty to, or has entered a plea of no	65805
contest for a felony or a theft offense as defined in sections	65806
2901.02 and 2913.01 of the Revised Code or similar law of another	65807
state or of the United States;	65808

(f) Neither the person nor any of its principals has had	65809
entered against them an injunction or a final judgment or order,	65810
including an agreed judgment or order, an assurance of voluntary	65811
compliance, or any similar instrument, in any civil or	65812
administrative action involving engaging in a pattern of corrupt	65813
practices, fraud, theft, embezzlement, fraudulent conversion, or	65814
misappropriation of property; the use of any untrue, deceptive, or	65815
misleading representation; or the use of any unfair, unlawful,	65816
deceptive, or unconscionable trade act or practice.	65817

(26) An institution defined as a home health agency in	65818
section 3701.881 of the Revised Code, that conducts all telephone	65819
solicitation activities according to sections 310.3, 310.4, and	65820
310.5 of the telemarketing sales rules adopted by the federal	65821
trade commission in 16 C.F.R. part 310, and engages in telephone	65822
solicitation only within the scope of the institution's	65823
certification, accreditation, contract with the department of	65824
aging, or status as a home health agency; and that meets one of	65825
the following requirements:	65826

(a) The institution is certified as a provider of home health	65827
services under Title XVIII of the Social Security Act, 49 Stat.	65828
620, 42 U.S.C. 301, as amended;	65829

(b) The institution is accredited by either the joint	65830
commission on accreditation of health care organizations or the	65831
community health accreditation program;	65832

(c) The institution is providing ~~passport~~PASSPORT services	65833
under the direction of the ~~Ohio~~ department of aging under ~~section~~	65834
~~173.40~~sections 173.52 to 173.523 of the Revised Code;	65835

(d) An affiliate of an institution that meets the	65836
requirements of division (B)(26)(a), (b), or (c) of this section	65837
when offering for sale substantially the same goods and services	65838
as those that are offered by the institution that meets the	65839
requirements of division (B)(26)(a), (b), or (c) of this section.	65840

(27) A person licensed by the department of health pursuant	65841
to section 3712.04 or 3712.041 of the Revised Code to provide a	65842
hospice care program or pediatric respite care program when	65843
conducting telephone solicitations within the scope of the	65844
person's license and according to sections 310.3, 310.4, and 310.5	65845
of the telemarketing sales rules adopted by the federal trade	65846
commission in 16 C.F.R. part 310.	65847

Sec. 4723.17. (A) The board of nursing may authorize a	65848
licensed practical nurse to administer to an adult intravenous	65849
therapy authorized by an individual who is authorized to practice	65850
in this state and is acting within the course of the individual's	65851
professional practice, if the licensed practical nurse has a	65852
current, valid license issued under this chapter that includes	65853
authorization to administer medications and one of the following	65854
is the case:	65855

(1) The nurse has successfully completed, within a practical	65856
nurse prelicensure education program approved by the board or by	65857
another jurisdiction's agency that regulates the practice of	65858
nursing, a course of study that prepares the nurse to safely	65859
perform the intravenous therapy procedures the board may authorize	65860
under this section. To meet this requirement, the course of study	65861
must include all of the following:	65862

(a) Both didactic and clinical components;

65863

(b) Curriculum requirements established in rules the board of	65864
nursing shall adopt in accordance with Chapter 119. of the Revised	65865
Code;	65866

(c) Standards that require the nurse to perform a successful	65867
demonstration of the intravenous procedures, including all skills	65868
needed to perform them safely.	65869

(2) The nurse has successfully completed a minimum of forty	65870
hours of training that includes all of the following:	65871

(a) The curriculum established by rules adopted by the board	65872
and in effect on January 1, 1999;	65873

(b) Training in the anatomy and physiology of the	65874
cardiovascular system, signs and symptoms of local and systemic	65875
complications in the administration of fluids and antibiotic	65876
additives, and guidelines for management of these complications;	65877

(c) Any other training or instruction the board considers	65878
appropriate.	65879

(d) A testing component that requires the nurse to perform a	65880
successful demonstration of the intravenous procedures, including	65881
all skills needed to perform them safely.	65882

(B) Except as provided in section 4723.171 of the Revised	65883
Code, a licensed practical nurse may perform intravenous therapy	65884
only if authorized by the board pursuant to division (A) of this	65885
section and only if it is performed in accordance with this	65886
section.	65887

A licensed practical nurse authorized by the board to perform	65888
intravenous therapy may perform an intravenous therapy procedure	65889
only at the direction of one of the following:	65890

(1) A licensed physician, dentist, optometrist, or podiatrist	65891
who, except as provided in division (C)(2) of this section, is	65892
present and readily available at the facility where the	65893
intravenous therapy procedure is performed;	65894

(2) A registered nurse in accordance with division (C) of	65895
this section.	65896

(C)(1) Except as provided in division (C)(2) of this section	65897
and section 4723.171 of the Revised Code, when a licensed	65898
practical nurse authorized by the board to perform intravenous	65899
therapy performs an intravenous therapy procedure at the direction	65900
of a registered nurse, the registered nurse or another registered	65901
nurse shall be readily available at the site where the intravenous	65902
therapy is performed, and before the licensed practical nurse	65903
initiates the intravenous therapy, the registered nurse shall	65904
personally perform an on-site assessment of the individual who is	65905
to receive the intravenous therapy.	65906

(2) When a licensed practical nurse authorized by the board	65907
to perform intravenous therapy performs an intravenous therapy	65908
procedure in a home as defined in section 3721.10 of the Revised	65909
Code, or in an intermediate care facility for ~~the mentally~~	65910
~~retarded~~individuals with intellectual disabilities as defined in	65911
section ~~5111.20~~5124.01 of the Revised Code, at the direction of a	65912
registered nurse or licensed physician, dentist, optometrist, or	65913
podiatrist, a registered nurse shall be on the premises of the	65914
home or facility or accessible by some form of telecommunication.	65915

(D) No licensed practical nurse shall perform any of the	65916
following intravenous therapy procedures:	65917

(1) Initiating or maintaining any of the following:

65918

(a) Blood or blood components;

65919

(b) Solutions for total parenteral nutrition;

65920

(c) Any cancer therapeutic medication including, but not	65921
limited to, cancer chemotherapy or an anti-neoplastic agent;	65922

(d) Solutions administered through any central venous line or	65923
arterial line or any other line that does not terminate in a	65924
peripheral vein, except that a licensed practical nurse authorized	65925
by the board to perform intravenous therapy may maintain the	65926
solutions specified in division (D)(6)(a) of this section that are	65927
being administered through a central venous line or peripherally	65928
inserted central catheter;	65929

(e) Any investigational or experimental medication.

65930

(2) Initiating intravenous therapy in any vein, except that a	65931
licensed practical nurse authorized by the board to perform	65932
intravenous therapy may initiate intravenous therapy in accordance	65933
with this section in a vein of the hand, forearm, or antecubital	65934
fossa;	65935

(3) Discontinuing a central venous, arterial, or any other	65936
line that does not terminate in a peripheral vein;	65937

(4) Initiating or discontinuing a peripherally inserted	65938
central catheter;	65939

(5) Mixing, preparing, or reconstituting any medication for	65940
intravenous therapy, except that a licensed practical nurse	65941
authorized by the board to perform intravenous therapy may prepare	65942
or reconstitute an antibiotic additive;	65943

(6) Administering medication via the intravenous route,	65944
including all of the following activities:	65945

(a) Adding medication to an intravenous solution or to an	65946
existing infusion, except that a licensed practical nurse	65947
authorized by the board to perform intravenous therapy may do	65948
either of the following:	65949

(i) Initiate an intravenous infusion containing one or more	65950
of the following elements: dextrose 5%; normal saline; lactated	65951
ringers; sodium chloride .45%; sodium chloride 0.2%; sterile	65952
water.	65953

(ii) Hang subsequent containers of the intravenous solutions	65954
specified in division (D)(6)(a) of this section that contain	65955
vitamins or electrolytes, if a registered nurse initiated the	65956
infusion of that same intravenous solution.	65957

(b) Initiating or maintaining an intravenous piggyback	65958
infusion, except that a licensed practical nurse authorized by the	65959
board to perform intravenous therapy may initiate or maintain an	65960
intravenous piggyback infusion containing an antibiotic additive;	65961

(c) Injecting medication via a direct intravenous route,	65962
except that a licensed practical nurse authorized by the board to	65963
perform intravenous therapy may inject heparin or normal saline to	65964
flush an intermittent infusion device or heparin lock including,	65965
but not limited to, bolus or push.	65966

(7) Aspirating any intravenous line to maintain patency;

65967

(8) Changing tubing on any line including, but not limited	65968
to, an arterial line or a central venous line, except that a	65969
licensed practical nurse authorized by the board to perform	65970
intravenous therapy may change tubing on an intravenous line that	65971
terminates in a peripheral vein;	65972

(9) Programming or setting any function of a patient	65973
controlled infusion pump.	65974

(E) Notwithstanding division (D) of this section, at the	65975
direction of a physician or a registered nurse, a licensed	65976
practical nurse authorized by the board to perform intravenous	65977
therapy may perform the following activities for the purpose of	65978
performing dialysis:	65979

(1) The routine administration and regulation of saline	65980
solution for the purpose of maintaining an established fluid plan;	65981

(2) The administration of a heparin dose intravenously;

65982

(3) The administration of a heparin dose peripherally via a	65983
fistula needle;	65984

(4) The loading and activation of a constant infusion pump or	65985
the intermittent injection of a dose of medication prescribed by a	65986
licensed physician for dialysis.	65987

(F) No person shall employ or direct a licensed practical	65988
nurse to perform an intravenous therapy procedure without first	65989
verifying that the licensed practical nurse is authorized by the	65990
board to perform intravenous therapy.	65991

(G) The board shall issue an intravenous therapy card to the	65992
licensed practical nurses authorized pursuant to division (A) of	65993
this section to perform intravenous therapy. A fee for issuing the	65994
card shall not be charged under section 4723.08 of the Revised	65995
Code if the licensed practical nurse receives the card by meeting	65996
the requirements of division (A)(1) of this section. The board	65997
shall maintain a registry of the names of licensed practical	65998
nurses who hold intravenous therapy cards.	65999

Sec. 4723.18. (A) The board of nursing shall authorize a	66000
licensed practical nurse to administer to an adult intravenous	66001
therapy if the nurse supplies evidence satisfactory to the board	66002
that all of the following are the case:	66003

(1) The nurse holds a current, valid license issued under	66004
this chapter to practice nursing as a licensed practical nurse.	66005

(2) The nurse has been authorized under section 4723.18 of	66006
the Revised Code to administer medications.	66007

(3) The nurse successfully completed a course of study in the	66008
safe performance of intravenous therapy approved by the board	66009
pursuant to section 4723.19 of the Revised Code or by an agency in	66010
another jurisdiction that regulates the practice of nursing and	66011
has requirements for intravenous therapy course approval that are	66012
substantially similar to the requirements in division (B) of	66013
section 4723.19 of the Revised Code, as determined by the board.	66014

(4) The nurse has successfully completed a minimum of forty	66015
hours of training that includes all of the following:	66016

(a) The curriculum established by rules adopted by the board;

66017

(b) Training in the anatomy and physiology of the	66018
cardiovascular system, signs and symptoms of local and systemic	66019
complications in the administration of fluids and antibiotic	66020
additives, and guidelines for management of these complications;	66021

(c) Any other training or instruction the board considers	66022
appropriate;	66023

(d) A testing component that requires the nurse to perform a	66024
successful demonstration of the intravenous procedures, including	66025
all skills needed to perform them safely.	66026

(B) Except as provided in section 4723.181 of the Revised	66027
Code and subject to the restrictions in division (D) of this	66028
section, a licensed practical nurse may perform intravenous	66029
therapy on an adult patient only if authorized by the board	66030
pursuant to division (A) of this section and only at the direction	66031
of one of the following:	66032

(1) A licensed physician, dentist, optometrist, or podiatrist	66033
who, except as provided in division (C)(2) of this section, is	66034
present and readily available at the facility where the	66035
intravenous therapy procedure is performed;	66036

(2) A registered nurse in accordance with division (C) of	66037
this section.	66038

(C)(1) Except as provided in division (C)(2) of this section	66039
and section 4723.181 of the Revised Code, when a licensed	66040
practical nurse authorized by the board to perform intravenous	66041
therapy performs an intravenous therapy procedure at the direction	66042
of a registered nurse, the registered nurse or another registered	66043
nurse shall be readily available at the site where the intravenous	66044
therapy is performed, and before the licensed practical nurse	66045
initiates the intravenous therapy, the registered nurse shall	66046
personally perform an on-site assessment of the adult patient who	66047
is to receive the intravenous therapy.	66048

(2) When a licensed practical nurse authorized by the board	66049
to perform intravenous therapy performs an intravenous therapy	66050
procedure in a home as defined in section 3721.10 of the Revised	66051
Code, or in an intermediate care facility for ~~the mentally~~	66052
~~retarded~~individuals with intellectual disabilities as defined in	66053
section ~~5111.20~~5124.01 of the Revised Code, at the direction of a	66054
registered nurse or licensed physician, dentist, optometrist, or	66055
podiatrist, a registered nurse shall be on the premises of the	66056
home or facility or accessible by some form of telecommunication.	66057

(D) No licensed practical nurse shall perform any of the	66058
following intravenous therapy procedures:	66059

(1) Initiating or maintaining any of the following:

66060

(a) Blood or blood components;

66061

(b) Solutions for total parenteral nutrition;

66062

(c) Any cancer therapeutic medication including, but not	66063
limited to, cancer chemotherapy or an anti-neoplastic agent;	66064

(d) Solutions administered through any central venous line or	66065
arterial line or any other line that does not terminate in a	66066
peripheral vein, except that a licensed practical nurse authorized	66067
by the board to perform intravenous therapy may maintain the	66068
solutions specified in division (D)(6)(a) of this section that are	66069
being administered through a central venous line or peripherally	66070
inserted central catheter;	66071

(e) Any investigational or experimental medication.

66072

(2) Initiating intravenous therapy in any vein, except that a	66073
licensed practical nurse authorized by the board to perform	66074
intravenous therapy may initiate intravenous therapy in accordance	66075
with this section in a vein of the hand, forearm, or antecubital	66076
fossa;	66077

(3) Discontinuing a central venous, arterial, or any other	66078
line that does not terminate in a peripheral vein;	66079

(4) Initiating or discontinuing a peripherally inserted	66080
central catheter;	66081

(5) Mixing, preparing, or reconstituting any medication for	66082
intravenous therapy, except that a licensed practical nurse	66083
authorized by the board to perform intravenous therapy may prepare	66084
or reconstitute an antibiotic additive;	66085

(6) Administering medication via the intravenous route,	66086
including all of the following activities:	66087

(a) Adding medication to an intravenous solution or to an	66088
existing infusion, except that a licensed practical nurse	66089
authorized by the board to perform intravenous therapy may do any	66090
of the following:	66091

(i) Initiate an intravenous infusion containing one or more	66092
of the following elements: dextrose 5%, normal saline, lactated	66093
ringers, sodium chloride .45%, sodium chloride 0.2%, sterile	66094
water;	66095

(ii) Hang subsequent containers of the intravenous solutions	66096
specified in division (D)(6)(a)(i) of this section that contain	66097
vitamins or electrolytes, if a registered nurse initiated the	66098
infusion of that same intravenous solution;	66099

(iii) Initiate or maintain an intravenous infusion containing	66100
an antibiotic additive.	66101

(b) Injecting medication via a direct intravenous route,	66102
except that a licensed practical nurse authorized by the board to	66103
perform intravenous therapy may inject heparin or normal saline to	66104
flush an intermittent infusion device or heparin lock including,	66105
but not limited to, bolus or push.	66106

(7) Changing tubing on any line including, but not limited	66107
to, an arterial line or a central venous line, except that a	66108
licensed practical nurse authorized by the board to perform	66109
intravenous therapy may change tubing on an intravenous line that	66110
terminates in a peripheral vein;	66111

(8) Programming or setting any function of a patient	66112
controlled infusion pump.	66113

(E) Notwithstanding divisions (A) and (D) of this section, at	66114
the direction of a physician or a registered nurse, a licensed	66115
practical nurse authorized by the board to perform intravenous	66116
therapy may perform the following activities for the purpose of	66117
performing dialysis:	66118

(1) The routine administration and regulation of saline	66119
solution for the purpose of maintaining an established fluid plan;	66120

(2) The administration of a heparin dose intravenously;

66121

(3) The administration of a heparin dose peripherally via a	66122
fistula needle;	66123

(4) The loading and activation of a constant infusion pump;

66124

(5) The intermittent injection of a dose of medication that	66125
is administered via the hemodialysis blood circuit and through the	66126
patient's venous access.	66127

(F) No person shall employ or direct a licensed practical	66128
nurse to perform an intravenous therapy procedure without first	66129
verifying that the licensed practical nurse is authorized by the	66130
board to perform intravenous therapy.	66131

Sec. 4723.35. (A) As used in this section, "chemical	66132
dependency" means either of the following:	66133

(1) The chronic and habitual use of alcoholic beverages to	66134
the extent that the user no longer can control the use of alcohol	66135
or endangers the user's health, safety, or welfare or that of	66136
others;	66137

(2) The use of a controlled substance as defined in section	66138
3719.01 of the Revised Code, a harmful intoxicant as defined in	66139
section 2925.01 of the Revised Code, or a dangerous drug as	66140
defined in section 4729.01 of the Revised Code, to the extent that	66141
the user becomes physically or psychologically dependent on the	66142
substance, intoxicant, or drug or endangers the user's health,	66143
safety, or welfare or that of others.	66144

(B) The board of nursing may abstain from taking disciplinary	66145
action under section 4723.28 or 4723.86 of the Revised Code	66146
against an individual with a chemical dependency if it finds that	66147
the individual can be treated effectively and there is no	66148
impairment of the individual's ability to practice according to	66149
acceptable and prevailing standards of safe care. The board shall	66150
establish a chemical dependency monitoring program to monitor the	66151
registered nurses, licensed practical nurses, dialysis	66152
technicians, and certified community health workers against whom	66153
the board has abstained from taking action. The board shall	66154
develop the program, select the program's name, and designate a	66155
coordinator to administer the program.	66156

(C) Determinations regarding an individual's eligibility for	66157
admission to, continued participation in, and successful	66158
completion of the monitoring program shall be made by the board's	66159
supervising member for disciplinary matters in accordance with	66160
rules adopted under division (D) of this section.	66161

(D) The board shall adopt rules in accordance with Chapter	66162
119. of the Revised Code that establish the following:	66163

(1) Eligibility requirements for admission to and continued	66164
participation in the monitoring program;	66165

(2) Terms and conditions that must be met to participate in	66166
and successfully complete the program;	66167

(3) Procedures for keeping confidential records regarding	66168
participants;	66169

(4) Any other requirements or procedures necessary to	66170
establish and administer the program.	66171

(E)(1) As a condition of being admitted to the monitoring	66172
program, an individual shall surrender to the program coordinator	66173
the license or certificate that the individual holds. While the	66174
surrender is in effect, the individual is prohibited from engaging	66175
in the practice of nursing, engaging in the provision of dialysis	66176
care, or engaging in the provision of services that were being	66177
provided as a certified community health worker.	66178

If the board's supervising member for disciplinary matters	66179
determines that a participant is capable of resuming practice	66180
according to acceptable and prevailing standards of safe care, the	66181
program coordinator shall return the participant's license or	66182
certificate. If the participant violates the terms and conditions	66183
of resumed practice, the coordinator shall require the participant	66184
to surrender the license or certificate as a condition of	66185
continued participation in the program. The coordinator may	66186
require the surrender only on the approval of the board's	66187
supervising member for disciplinary matters.	66188

The surrender of a license or certificate on admission to the	66189
monitoring program or while participating in the program does not	66190
constitute an action by the board under section 4723.28 or 4723.86	66191
of the Revised Code. The participant may rescind the surrender at	66192
any time and the board may proceed by taking action under section	66193
4723.28 or 4723.86 of the Revised Code.	66194

(2) If the program coordinator determines that a participant	66195
is significantly out of compliance with the terms and conditions	66196
for participation, the coordinator shall notify the board's	66197
supervising member for disciplinary matters and the supervising	66198
member shall determine whether to temporarily suspend the	66199
participant's license or certificate. The board shall notify the	66200
participant of the suspension by certified mail sent to the	66201
participant's last known address and shall refer the matter to the	66202
board for formal action under section 4723.28 or 4723.86 of the	66203
Revised Code.	66204

(F) All of the following apply with respect to the receipt,	66205
release, and maintenance of records and information by the	66206
monitoring program:	66207

(1) The program coordinator shall maintain all program	66208
records in the board's office, and for each participant, shall	66209
retain the records for a period of two years following the	66210
participant's date of successful completion of the program.	66211

(2) When applying to participate in the monitoring program,	66212
the applicant shall sign a waiver permitting the board to receive	66213
and release information necessary to determine whether the	66214
individual is eligible for admission. After being admitted, the	66215
participant shall sign a waiver permitting the board to receive	66216
and release information necessary to determine whether the	66217
individual is eligible for continued participation in the program.	66218
Information that may be necessary for the board's supervising	66219
member for disciplinary matters to determine eligibility for	66220
admission or continued participation in the monitoring program	66221
includes, but is not limited to, information provided to and by	66222
employers, probation officers, law enforcement agencies, peer	66223
assistance programs, health professionals, and treatment	66224
providers. No entity with knowledge that the information has been	66225
provided to the monitoring program shall divulge that knowledge to	66226
any other person.	66227

(3) Except as provided in division (F)(4) of this section,	66228
all records pertaining to an individual's application for or	66229
participation in the monitoring program, including medical	66230
records, treatment records, and mental health records, shall be	66231
confidential. The records are not public records for the purposes	66232
of section 149.43 of the Revised Code and are not subject to	66233
discovery by subpoena or admissible as evidence in any judicial	66234
proceeding.	66235

(4) The board may disclose information regarding a	66236
participant's progress in the program to any person or government	66237
entity that the participant authorizes in writing to be given the	66238
information. In disclosing information under this division, the	66239
board shall not include any information that is protected under	66240
section ~~3793.13~~5119.27 of the Revised Code or any federal statute	66241
or regulation that provides for the confidentiality of medical,	66242
mental health, or substance abuse records.	66243

(G) In the absence of fraud or bad faith, the board as a	66244
whole, its individual members, and its employees and	66245
representatives are not liable for damages in any civil action as	66246
a result of disclosing information in accordance with division	66247
(F)(4) of this section. In the absence of fraud or bad faith, any	66248
person reporting to the program with regard to an individual's	66249
chemical dependence, or the progress or lack of progress of that	66250
individual with regard to treatment, is not liable for damages in	66251
any civil action as a result of the report.	66252

Sec. 4723.481. This section establishes standards and	66253
conditions regarding the authority of a clinical nurse specialist,	66254
certified nurse-midwife, or certified nurse practitioner to	66255
prescribe drugs and therapeutic devices under a certificate to	66256
prescribe issued under section 4723.481 of the Revised Code.	66257

(A) A clinical nurse specialist, certified nurse-midwife, or	66258
certified nurse practitioner shall not prescribe any drug or	66259
therapeutic device that is not included in the types of drugs and	66260
devices listed on the formulary established in rules adopted under	66261
section 4723.50 of the Revised Code.	66262

(B) The prescriptive authority of a clinical nurse	66263
specialist, certified nurse-midwife, or certified nurse	66264
practitioner shall not exceed the prescriptive authority of the	66265
collaborating physician or podiatrist, including the collaborating	66266
physician's authority to treat chronic pain with controlled	66267
substances and products containing tramadol as described in	66268
section 4731.052 of the Revised Code.	66269

(C)(1) Except as provided in division (C)(2) or (3) of this	66270
section, a clinical nurse specialist, certified nurse-midwife, or	66271
certified nurse practitioner may prescribe to a patient a schedule	66272
II controlled substance only if all of the following are the case:	66273

(a) The patient has a terminal condition, as defined in	66274
section 2133.01 of the Revised Code.	66275

(b) The collaborating physician of the clinical nurse	66276
specialist, certified nurse-midwife, or certified nurse	66277
practitioner initially prescribed the substance for the patient.	66278

(c) The prescription is for an amount that does not exceed	66279
the amount necessary for the patient's use in a single,	66280
twenty-four-hour period.	66281

(2) The restrictions on prescriptive authority in division	66282
(C)(1) of this section do not apply if a clinical nurse	66283
specialist, certified nurse-midwife, or certified nurse	66284
practitioner issues the prescription to the patient from any of	66285
the following locations:	66286

(a) A hospital registered under section 3701.07 of the	66287
Revised Code;	66288

(b) An entity owned or controlled, in whole or in part, by a	66289
hospital or by an entity that owns or controls, in whole or in	66290
part, one or more hospitals;	66291

(c) A health care facility operated by the department of	66292
~~mental health~~mental health and addiction services or the	66293
department of developmental disabilities;	66294

(d) A nursing home licensed under section 3721.02 of the	66295
Revised Code or by a political subdivision certified under section	66296
3721.09 of the Revised Code;	66297

(e) A county home or district home operated under Chapter	66298
5155. of the Revised Code that is certified under the medicare or	66299
medicaid program;	66300

(f) A hospice care program, as defined in section 3712.01 of	66301
the Revised Code;	66302

(g) A community mental health ~~agency~~services provider, as	66303
defined in section 5122.01 of the Revised Code;	66304

(h) An ambulatory surgical facility, as defined in section	66305
3702.30 of the Revised Code;	66306

(i) A freestanding birthing center, as defined in section	66307
3702.51 of the Revised Code;	66308

(j) A federally qualified health center, as defined in	66309
section 3701.047 of the Revised Code;	66310

(k) A federally qualified health center look-alike, as	66311
defined in section 3701.047 of the Revised Code;	66312

(l) A health care office or facility operated by the board of	66313
health of a city or general health district or the authority	66314
having the duties of a board of health under section 3709.05 of	66315
the Revised Code;	66316

(m) A site where a medical practice is operated, but only if	66317
the practice is comprised of one or more physicians who also are	66318
owners of the practice; the practice is organized to provide	66319
direct patient care; and the clinical nurse specialist, certified	66320
nurse-midwife, or certified nurse practitioner providing services	66321
at the site has a standard care arrangement and collaborates with	66322
at least one of the physician owners who practices primarily at	66323
that site.	66324

(3) A clinical nurse specialist, certified nurse-midwife, or	66325
certified nurse practitioner shall not issue to a patient a	66326
prescription for a schedule II controlled substance from a	66327
convenience care clinic even if the clinic is owned or operated by	66328
an entity specified in division (C)(2) of this section.	66329

(D) A pharmacist who acts in good faith reliance on a	66330
prescription issued by a clinical nurse specialist, certified	66331
nurse-midwife, or certified nurse practitioner under division	66332
(C)(2) of this section is not liable for or subject to any of the	66333
following for relying on the prescription: damages in any civil	66334
action, prosecution in any criminal proceeding, or professional	66335
disciplinary action by the state board of pharmacy under Chapter	66336
4729. of the Revised Code.	66337

(E) A clinical nurse specialist, certified nurse-midwife, or	66338
certified nurse practitioner may personally furnish to a patient a	66339
sample of any drug or therapeutic device included in the types of	66340
drugs and devices listed on the formulary, except that all of the	66341
following conditions apply:	66342

(1) The amount of the sample furnished shall not exceed a	66343
seventy-two-hour supply, except when the minimum available	66344
quantity of the sample is packaged in an amount that is greater	66345
than a seventy-two-hour supply, in which case the packaged amount	66346
may be furnished.	66347

(2) No charge may be imposed for the sample or for furnishing	66348
it.	66349

(3) Samples of controlled substances may not be personally	66350
furnished.	66351

(F) A clinical nurse specialist, certified nurse-midwife, or	66352
certified nurse practitioner may personally furnish to a patient a	66353
complete or partial supply of a drug or therapeutic device	66354
included in the types of drugs and devices listed on the	66355
formulary, except that all of the following conditions apply:	66356

(1) The clinical nurse specialist, certified nurse-midwife,	66357
or certified nurse practitioner shall personally furnish only	66358
antibiotics, antifungals, scabicides, contraceptives, prenatal	66359
vitamins, antihypertensives, drugs and devices used in the	66360
treatment of diabetes, drugs and devices used in the treatment of	66361
asthma, and drugs used in the treatment of dyslipidemia.	66362

(2) The clinical nurse specialist, certified nurse-midwife,	66363
or certified nurse practitioner shall not furnish the drugs and	66364
devices in locations other than a health department operated by	66365
the board of health of a city or general health district or the	66366
authority having the duties of a board of health under section	66367
3709.05 of the Revised Code, a federally funded comprehensive	66368
primary care clinic, or a nonprofit health care clinic or program.	66369

(3) The clinical nurse specialist, certified nurse-midwife,	66370
or certified nurse practitioner shall comply with all safety	66371
standards for personally furnishing supplies of drugs and devices,	66372
as established in rules adopted under section 4723.50 of the	66373
Revised Code.	66374

Sec. 4729.69. (A) The state board of pharmacy, in	66375
collaboration with the director of ~~alcohol and drug addiction~~	66376
~~services~~mental health and addiction services and attorney	66377
general, shall establish and administer a drug take-back program	66378
under which drugs are collected from the community for the purpose	66379
of destruction or disposal of the drugs.	66380

(B) The program shall be established and administered in such	66381
a manner that it does both of the following:	66382

(1) Complies with any state or federal laws regarding the	66383
collection, destruction, or disposal of drugs;	66384

(2) Maintains the confidentiality of individuals who submit	66385
or otherwise provide drugs under the program.	66386

(C) In consultation with the director of ~~alcohol and drug~~	66387
~~addiction services~~mental health and addiction services and	66388
attorney general, the board shall adopt rules governing the	66389
program. The rules shall be adopted in accordance with Chapter	66390
119. of the Revised Code. In adopting the rules, the board shall	66391
specify all of the following:	66392

(1) The entities that may participate;

66393

(2) Guidelines and responsibilities for accepting drugs by	66394
participating entities;	66395

(3) Drugs that may be collected;

66396

(4) Record-keeping requirements;

66397

(5) Proper methods to destroy unused drugs;

66398

(6) Privacy protocols and security standards;

66399

(7) Drug transportation procedures;

66400

(8) The schedule, duration, and frequency of the collections	66401
of drugs, except that the first collection shall occur not later	66402
than one year after ~~the effective date of this section~~May 20,	66403
2011;	66404

(9) Any other standards and procedures the board considers	66405
necessary for purposes of governing the program.	66406

(D) In accordance with state and federal law, the board may	66407
adopt rules to allow an entity participating in the program to	66408
return any unused drugs to the pharmacy that originally dispensed	66409
the drug. The rules shall include procedures to be followed to	66410
maintain the confidentiality of the person for whom the drug was	66411
dispensed.	66412

(E) Rules adopted under this section may not do any of the	66413
following:	66414

(1) Require any entity to establish, fund, or operate a drug	66415
take-back program;	66416

(2) Establish any new licensing requirement or fee to	66417
participate in the program;	66418

(3) Require any entity to compile data on drugs collected.

66419

(F) The board may compile data on the amount and type of	66420
drugs collected under the program. For purposes of this division,	66421
the board may cooperate with a public or private entity in	66422
obtaining assistance in the compilation of data. An entity	66423
providing the assistance shall not be reimbursed under the program	66424
for any costs incurred in providing the assistance.	66425

(G) If the board compiles data under division (F) of this	66426
section, the board shall submit a report to the governor and, in	66427
accordance with section 101.68 of the Revised Code, the general	66428
assembly. The report, to the extent possible, shall include the	66429
following information:	66430

(1) Total weight of drugs collected, both with and without	66431
packaging;	66432

(2) The weight of controlled substances;

66433

(3) The amount of all of the following as a per cent of total	66434
drugs collected:	66435

(a) Controlled substances;

66436

(b) Brand name drugs;

66437

66438

(d) Prescription drugs;

66439

(e) Non-prescription drugs.

66440

(4) The amount of vitamins, herbal supplements, and personal	66441
care products collected;	66442

(5) If provided by the person who submitted or otherwise	66443
donated drugs to the program, the reasons why the drugs were	66444
returned or unused.	66445

(H) No entity is required to participate in a drug take-back	66446
program established under this section, and no entity shall be	66447
subject to civil liability or professional disciplinary action for	66448
declining to participate.	66449

(I) The board may accept grants, gifts, or donations for	66450
purposes of the program. Money received under this division shall	66451
be deposited into the drug take-back program fund established	66452
under section 109.90 of the Revised Code.	66453

Sec. 4729.80. (A) If the state board of pharmacy establishes	66454
and maintains a drug database pursuant to section 4729.75 of the	66455
Revised Code, the board is authorized or required to provide	66456
information from the database in accordance with the following:	66457

(1) On receipt of a request from a designated representative	66458
of a government entity responsible for the licensure, regulation,	66459
or discipline of health care professionals with authority to	66460
prescribe, administer, or dispense drugs, the board may provide to	66461
the representative information from the database relating to the	66462
professional who is the subject of an active investigation being	66463
conducted by the government entity.	66464

(2) On receipt of a request from a federal officer, or a	66465
state or local officer of this or any other state, whose duties	66466
include enforcing laws relating to drugs, the board shall provide	66467
to the officer information from the database relating to the	66468
person who is the subject of an active investigation of a drug	66469
abuse offense, as defined in section 2925.01 of the Revised Code,	66470
being conducted by the officer's employing government entity.	66471

(3) Pursuant to a subpoena issued by a grand jury, the board	66472
shall provide to the grand jury information from the database	66473
relating to the person who is the subject of an investigation	66474
being conducted by the grand jury.	66475

(4) Pursuant to a subpoena, search warrant, or court order in	66476
connection with the investigation or prosecution of a possible or	66477
alleged criminal offense, the board shall provide information from	66478
the database as necessary to comply with the subpoena, search	66479
warrant, or court order.	66480

(5) On receipt of a request from a prescriber or the	66481
prescriber's delegate approved by the board, the board may provide	66482
to the prescriber information from the database relating to a	66483
patient who is either of the following, if the prescriber	66484
certifies in a form specified by the board that it is for the	66485
purpose of providing medical treatment to the patient who is the	66486
subject of the request;	66487

(a) A current patient of the prescriber;

66488

(b) A potential patient of the prescriber based on a referral	66489
of the patient to the prescriber.	66490

(6) On receipt of a request from a pharmacist or the	66491
pharmacist's delegate approved by the board, the board may provide	66492
to the pharmacist information from the database relating to a	66493
current patient of the pharmacist, if the pharmacist certifies in	66494
a form specified by the board that it is for the purpose of the	66495
pharmacist's practice of pharmacy involving the patient who is the	66496
subject of the request.	66497

(7) On receipt of a request from an individual seeking the	66498
individual's own database information in accordance with the	66499
procedure established in rules adopted under section 4729.84 of	66500
the Revised Code, the board may provide to the individual the	66501
individual's own database information.	66502

(8) On receipt of a request from the medical director of a	66503
managed care organization that has entered into a data security	66504
agreement with the board required by section ~~5111.1710~~5167.14 of	66505
the Revised Code, the board ~~may~~shall provide to the medical	66506
director information from the database relating to a medicaid	66507
recipient enrolled in the managed care organization, including	66508
information in the database related to prescriptions for the	66509
recipient that were not covered or reimbursed under a program	66510
administered by the department of medicaid.	66511

(9) On receipt of a request from the medicaid director ~~of job~~	66512
~~and family services~~, the board ~~may~~shall provide to the director	66513
information from the database relating to a recipient of a program	66514
administered by the department of ~~job and family services~~	66515
medicaid, including information in the database related to	66516
prescriptions for the recipient that were not covered or paid by a	66517
program administered by the department.	66518

(10) On receipt of a request from the administrator of	66519
workers' compensation, the board may provide to the administrator	66520
information from the database relating to a claimant under Chapter	66521
4121., 4123., 4127., or 4131. of the Revised Code.	66522

(11) On receipt of a request from a requestor described in	66523
division (A)(1), (2), (5), or (6) of this section who is from or	66524
participating with another state's prescription monitoring	66525
program, the board may provide to the requestor information from	66526
the database, but only if there is a written agreement under which	66527
the information is to be used and disseminated according to the	66528
laws of this state.	66529

(B) The state board of pharmacy shall maintain a record of	66530
each individual or entity that requests information from the	66531
database pursuant to this section. In accordance with rules	66532
adopted under section 4729.84 of the Revised Code, the board may	66533
use the records to document and report statistics and law	66534
enforcement outcomes.	66535

The board may provide records of an individual's requests for	66536
database information to the following:	66537

(1) A designated representative of a government entity that	66538
is responsible for the licensure, regulation, or discipline of	66539
health care professionals with authority to prescribe, administer,	66540
or dispense drugs who is involved in an active investigation being	66541
conducted by the government entity of the individual who submitted	66542
the requests for database information;	66543

(2) A federal officer, or a state or local officer of this or	66544
any other state, whose duties include enforcing laws relating to	66545
drugs and who is involved in an active investigation being	66546
conducted by the officer's employing government entity of the	66547
individual who submitted the requests for database information.	66548

(C) Information contained in the database and any information	66549
obtained from it is not a public record. Information contained in	66550
the records of requests for information from the database is not a	66551
public record. Information that does not identify a person may be	66552
released in summary, statistical, or aggregate form.	66553

(D) A pharmacist or prescriber shall not be held liable in	66554
damages to any person in any civil action for injury, death, or	66555
loss to person or property on the basis that the pharmacist or	66556
prescriber did or did not seek or obtain information from the	66557
database.	66558

Sec. 4729.81. If the state board of pharmacy establishes and	66559
maintains a drug database pursuant to section 4729.75 of the	66560
Revised Code, the board shall review the information in the drug	66561
database. If the board determines from the review that a violation	66562
of law may have occurred, it shall notify the appropriate law	66563
enforcement agency or a government entity responsible for the	66564
licensure, regulation, or discipline of licensed health	66565
professionals authorized to prescribe drugs and supply information	66566
required by the agency or entity for an investigation of the	66567
violation of law that may have occurred. The board also shall	66568
notify the medicaid director if the board determines that the	66569
violation may have been committed by a provider of services under	66570
a program administered by the department of medicaid.	66571

Sec. 4731.151. (A) Naprapaths who received a certificate to	66572
practice from the board prior to March 2, 1992, may continue to	66573
practice naprapathy, as defined in rules adopted by the board.	66574
Such naprapaths shall practice in accordance with rules adopted by	66575
the board.	66576

(B)(1) As used in this division:

66577

(a) "Mechanotherapy" means all of the following:

66578

(i) Examining patients by verbal inquiry;

66579

(ii) Examination of the musculoskeletal system by hand;

66580

(iii) Visual inspection and observation;

66581

(iv) Diagnosing a patient's condition only as to whether the	66582
patient has a disorder of the musculoskeletal system;	66583

(v) In the treatment of patients, employing the techniques of	66584
advised or supervised exercise; electrical neuromuscular	66585
stimulation; massage or manipulation; or air, water, heat, cold,	66586
sound, or infrared ray therapy only to those disorders of the	66587
musculoskeletal system that are amenable to treatment by such	66588
techniques and that are identifiable by examination performed in	66589
accordance with division (B)(1)(a)(i) of this section and	66590
diagnosable in accordance with division (B)(1)(a)(ii) of this	66591
section.	66592

(b) "Educational requirements" means the completion of a	66593
course of study appropriate for certification to practice	66594
mechanotherapy on or before November 3, 1985, as determined by	66595
rules adopted under this chapter.	66596

(2) Mechanotherapists who received a certificate to practice	66597
from the board prior to March 2, 1992, may continue to practice	66598
mechanotherapy, as defined in rules adopted by the board. Such	66599
mechanotherapists shall practice in accordance with rules adopted	66600
by the board.	66601

A person authorized by this division to practice as a	66602
mechanotherapist may examine, diagnose, and assume responsibility	66603
for the care of patients with due regard for first aid and the	66604
hygienic and nutritional care of the patients. Roentgen rays shall	66605
be used by a mechanotherapist only for diagnostic purposes.	66606

(3) A person who holds a certificate to practice	66607
mechanotherapy and completed educational requirements in	66608
mechanotherapy on or before November 3, 1985, is entitled to use	66609
the title "doctor of mechanotherapy" and is a "physician" who	66610
performs "medical services" for the purposes of Chapters 4121. and	66611
4123. of the Revised Code and the medicaid program ~~established~~	66612
~~under section 5111.01 of the Revised Code~~, and shall receive	66613
payment or reimbursement as provided under those chapters and that	66614
~~section~~program.	66615

Sec. 4731.71. The auditor of state may implement procedures	66616
to detect violations of section 4731.66 or 4731.69 of the Revised	66617
Code within governmental health care programs administered by the	66618
state. The auditor of state shall report any violation of either	66619
section to the state medical board and shall certify to the	66620
attorney general in accordance with section 131.02 of the Revised	66621
Code the amount of any refund owed to a state-administered	66622
governmental health care program under section 4731.69 of the	66623
Revised Code as a result of a violation. If a refund is owed to	66624
the medicaid program ~~established under Chapter 5111. of the~~	66625
~~Revised Code~~, the auditor of state also shall report the amount to	66626
the department of ~~job and family services~~medicaid.	66627

The state medical board also may implement procedures to	66628
detect violations of section 4731.66 or 4731.69 of the Revised	66629
Code.	66630

Sec. 4734.41. (A) As used in this section:

66631

(1) "Chemical dependency" means either of the following:

66632

(a) The chronic and habitual use of alcoholic beverages to	66633
the extent that the user no longer can control the use of alcohol	66634
or endangers the user's health, safety, or welfare or that of	66635
others;	66636

(b) The use of a controlled substance as defined in section	66637
3719.01 of the Revised Code, a harmful intoxicant as defined in	66638
section 2925.01 of the Revised Code, or a dangerous drug as	66639
defined in section 4729.01 of the Revised Code, to the extent that	66640
the user becomes physically or psychologically dependent on the	66641
substance, intoxicant, or drug or endangers the user's health,	66642
safety, or welfare or that of others.	66643

(2) "Mental illness" means a recognized psychiatric or	66644
psychological condition, disorder, or syndrome that has been	66645
diagnosed by a psychiatrist, psychologist, professional clinical	66646
counselor, or independent social worker as a condition, disorder,	66647
or syndrome that may pose a danger to the person diagnosed or	66648
others or may prevent the person from practicing the person's	66649
profession according to acceptable and prevailing standards of	66650
care.	66651

(B) The state chiropractic board shall establish a chemical	66652
dependency and mental illness monitoring program. The program	66653
shall be made available to any individual under the board's	66654
jurisdiction who has a chemical dependency or mental illness and	66655
meets the board's eligibility requirements for admission to and	66656
continued participation in the program. The board shall develop	66657
the program and may designate a coordinator to administer it or	66658
enter into a contract for the program to be administered by	66659
another entity through a coordinator. The board shall adopt rules	66660
in accordance with Chapter 119. of the Revised Code that establish	66661
standards and procedure for operating the program.	66662

(C) Except as provided in division (D) of this section, all	66663
records of an individual's participation in the monitoring	66664
program, including medical records, chemical dependency records,	66665
and mental health records, shall be confidential, are not public	66666
records for the purposes of section 149.43 of the Revised Code,	66667
and are not subject to discovery by subpoena or ~~admissble~~	66668
admissible as evidence in any judicial proceeding. The program	66669
coordinator shall maintain all records as directed by the board.	66670

(D) The monitoring program's coordinator may disclose records	66671
or information regarding an individual's progress and status of	66672
participation in the program to the disciplinary section of the	66673
board and to any person or government entity that the program	66674
participant authorizes in writing to be given the records or	66675
information.	66676

In disclosing records or information under this division, the	66677
coordinator shall not include any record or information that is	66678
protected under section ~~3793.13~~5119.27 of the Revised Code or any	66679
federal statute or regulation that provides for the	66680
confidentiality of mental health or substance abuse records.	66681

(E) In the absence of fraud or bad faith, the monitoring	66682
program's coordinator, the board and the board's employees and	66683
representatives are not liable for damages in any civil action as	66684
a result of disclosing records or information in accordance with	66685
division (D) of this section. In the absence of fraud or bad	66686
faith, any person reporting to the program an individual's	66687
chemical dependency or mental illness, or the progress or lack of	66688
progress of that individual with regard to treatment, is not	66689
liable for damages in any civil action as a result of the report.	66690

(F) The board may abstain from taking formal disciplinary	66691
action under section 4734.31 of the Revised Code against an	66692
individual because of the individual's chemical dependency or	66693
mental illness, if the individual meets the eligibility	66694
requirements for admission into the monitoring program and all of	66695
the following occur:	66696

(1) The individual enters into a monitoring agreement with	66697
the coordinator of the program;	66698

(2) The individual complies with the terms and conditions for	66699
continued participation in the program, as specified in the	66700
monitoring agreement;	66701

(3) The individual successfully completes the terms and	66702
conditions of the monitoring agreement, including the condition	66703
that the individual attain the ability to practice in accordance	66704
with acceptable and prevailing standards of care applicable to the	66705
practice of chiropractic.	66706

Sec. 4751.01. As used in sections 4751.01 to ~~4751.11~~4751.13	66707
of the Revised Code:	66708

(A) "Long-term services and supports settings" means any	66709
institutional or community-based setting in which medical, health,	66710
psycho-social, habilitative, rehabilitative, or personal care	66711
services are provided to individuals on a post-acute care basis.	66712

(B) "Nursing home administrator" means any individual	66713
responsible for planning, organizing, directing, and managing the	66714
operation of a nursing home, or who in fact performs such	66715
function, whether or not such functions and duties are shared by	66716
one or more other persons.	66717

~~(B)~~(C) "Nursing home" means a nursing home as defined by or	66718
under the authority of section 3721.01 of the Revised Code, or a	66719
nursing home operated by a governmental agency.	66720

~~(C)~~(D) "Temporary license" means a license for a period not	66721
to exceed one hundred eighty days issued pursuant to division (B)	66722
of section 4751.06 of the Revised Code.	66723

~~(D)~~(E) "Valid license" means a license which is current and	66724
in good standing.	66725

Sec. 4751.02. (A) No person shall operate a nursing home	66726
unless it is under the supervision of an administrator whose	66727
principal occupation is nursing home administration or hospital	66728
administration and who holds a valid nursing home administrator's	66729
license and registration, or a temporary license, issued pursuant	66730
to Chapter 4751. of the Revised Code.	66731

(B) No person other than a licensed and registered nursing	66732
home administrator or person holding a temporary license as	66733
required by Chapter 4751. of the Revised Code shall practice or	66734
offer to practice nursing home administration in this state. All	66735
nursing home administrators and temporary licensees shall comply	66736
with Chapter 4751. of the Revised Code and the regulations adopted	66737
thereunder.	66738

(C) Every operator of a nursing home shall report to the	66739
board of ~~examiners~~executives of ~~nursing home administrators~~	66740
long-term services and supports the name and license number of	66741
each nursing home administrator for said home within ten days	66742
after the operator engages a nursing home administrator, and	66743
within ten days after a nursing home administrator is no longer	66744
engaged as such by such operator for said home.	66745

(D) Each individual who holds a nursing home administrator	66746
license or temporary license shall report ~~his~~the individual's	66747
residence mailing address and the name and address of each place	66748
of employment to the board within ten days after any change.	66749

Sec. 4751.03. (A) There is hereby established in the	66750
department of ~~health~~aging a board of ~~examiners~~executives of	66751
~~nursing home administrators~~long-term services and supports, which	66752
board shall be composed of ~~nine~~the following eleven members,	66753
~~eight of whom shall be representative of the professions and~~	66754
~~institutions concerned with care and treatment of chronically ill~~	66755
~~or infirm aged patients, and one of whom shall be a public member~~	66756
~~at least sixty years of age, provided that less than a majority of~~	66757
~~the board members shall be representative of a single profession~~	66758
~~or institutional category, and provided further that a person~~	66759
~~appointed as a noninstitutional member shall neither have nor~~	66760
~~acquire any direct financial interest in a nursing home. For~~	66761
~~purposes of this section, nursing home administrators are~~	66762
~~considered representatives of institutions.~~	66763

~~Four members shall be nursing home administrators, owners of~~	66764
~~nursing homes or an officer of a corporation owning a nursing~~	66765
~~home. The director of health or his designated representative~~	66766
~~shall be a member. All~~:	66767

(1) Four members who are nursing administrators, owners of	66768
nursing homes, or officers of corporations owning nursing homes,	66769
and who shall have an understanding of person-centered care, and	66770
experience with a range of long-term services and supports	66771
settings;	66772

(2) Three members who work in long-term services and supports	66773
settings that are not nursing homes, and who shall have an	66774
understanding of person-centered care, and experience with a range	66775
of long-term services and supports settings;	66776

(3) One member who is a member of the academic community;

66777

(4) One member who is a consumer of services offered in a	66778
long-term services and supports setting;	66779

(5) One member who is a representative of the department of	66780
health, designated by the director of health, who is involved in	66781
the nursing home survey and certification process;	66782

(6) One member who is a representative of the office of the	66783
state long-term care ombudsperson, designated by the state	66784
long-term care ombudsperson.	66785

All members of the board shall be citizens of the United	66786
States and residents of this state. No member of the board who is	66787
appointed under divisions (A)(3) to (6) of this section may have	66788
or acquire any direct financial interest in a nursing home or	66789
long-term services and supports settings.	66790

(B) The term of office for each appointed member of the board	66791
shall be for three years, commencing on the twenty-eighth day of	66792
May and ending on the twenty-seventh day of May. Each member shall	66793
serve from the date of ~~his~~ appointment until the end of the term	66794
for which ~~he was~~ appointed. No member shall serve more than two	66795
consecutive full terms.	66796

(C) Appointments to the board shall be made by the governor.	66797
Any member appointed to fill a vacancy occurring prior to the	66798
expiration of the term for which ~~his~~the member's predecessor was	66799
appointed shall hold office for the remainder of such term. Any	66800
appointed member shall continue in office subsequent to the	66801
expiration date of ~~his~~the member's term until ~~his~~the member's	66802
successor takes office, or until a period of sixty days has	66803
elapsed, whichever occurs first.	66804

(D) The governor may remove any member of the board for	66805
misconduct, incapacity, incompetence, or neglect of duty after the	66806
member so charged has been served with a written statement of	66807
charges and has been given an opportunity to be heard.	66808

(E) Each member of the board, except the member designated by	66809
the director of health ~~or his~~and the member designated	66810
~~representative~~by the ombudsperson, shall be paid in accordance	66811
with section 124.15 of the Revised Code and each member shall be	66812
reimbursed for ~~his~~the member's actual and necessary expenses	66813
incurred in the discharge of such duties.	66814

(F) The board shall elect annually from its membership a	66815
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	66816

(G) The board shall hold and conduct meetings quarterly and	66817
at such other times as its business requires. A majority of the	66818
board shall constitute a quorum. The affirmative vote of a	66819
majority of the members of the board is necessary for the board to	66820
act.	66821

(H) The board shall appoint a secretary who has no financial	66822
interest in a ~~nursing home~~long-term services and supports	66823
setting, and may employ and prescribe the powers and duties of	66824
such employees and consultants as are necessary to carry out this	66825
chapter and the rules adopted under it. ~~Administrative, technical,~~	66826
~~or other services shall be performed, insofar as practicable, by~~	66827
~~personnel of the department of health.~~	66828

Sec. 4751.04. (A) The board of ~~examiners~~executives of	66829
~~nursing home administrators~~long-term services and supports shall:	66830

(1) Develop, adopt, impose, and enforce regulations	66831
prescribing standards which must be met by individuals in order to	66832
receive a license as a nursing home administrator, which standards	66833
shall be designed to ensure that nursing home administrators are	66834
of good character and are otherwise suitable, and who, by training	66835
and experience, are qualified to serve as nursing home	66836
administrators;	66837

(2) Develop and apply appropriate techniques, including	66838
examinations and investigations, for determining whether an	66839
individual meets such standards;	66840

(3) Issue licenses and registrations to individuals	66841
determined, after application of such techniques, to meet such	66842
standards, and revoke or suspend licenses or registrations	66843
previously issued by the board in any case where the individual	66844
holding such license or registration is determined to have failed	66845
substantially to conform to the requirements of such standards;	66846

(4) Develop, adopt, impose, and enforce regulations and	66847
procedures designed to ensure that individuals holding a temporary	66848
license, or licensed as nursing home administrators will, during	66849
any period that they serve as such, comply with Chapter 4751. of	66850
the Revised Code and the regulations adopted thereunder;	66851

(5) Receive, investigate, and take appropriate action with	66852
respect to any charge or complaint filed with the board to the	66853
effect that any individual licensed as a nursing home	66854
administrator has failed to comply with Chapter 4751. of the	66855
Revised Code and the regulations adopted thereunder;	66856

(6) Take such other actions as may be necessary to enable the	66857
state to meet the requirements set forth in the "Social Security	66858
Amendments of 1967," 81 Stat. 908 (1968), 42 U.S.C. 1396 g;	66859

(7) Pay all license and registration fees collected under	66860
Chapter 4751. of the Revised Code into the ~~general operations~~	66861
board of executives of long-term services and support fund created	66862
by section ~~3701.83~~4751.14 of the Revised Code to be used in	66863
administering and enforcing this chapter and the rules adopted	66864
under it;	66865

(8) Administer, or contract with a government or private	66866
entity to administer, examinations for licensure as a nursing home	66867
administrator. If the board contracts with a government or private	66868
entity to administer the examinations, the contract may authorize	66869
the entity to collect and keep, as all or part of the entity's	66870
compensation under the contract, any fee an applicant for	66871
licensure pays to take an examination. The entity is not required	66872
to deposit the fee into the state treasury;	66873

(9) Enter into a contract with the department of aging as	66874
required under section 4751.042 of the Revised Code;	66875

(10) Create opportunities for the education, training, and	66876
credentialing of nursing home administrators and others in	66877
leadership positions who practice in long-term services and	66878
supports settings or who direct the practices of others in those	66879
settings. In carrying out this function, the board shall do the	66880
following:	66881

(a) Identify core competencies and areas of knowledge that	66882
are appropriate for nursing home administrators and others working	66883
within the long-term services and supports settings system, with	66884
an emphasis on all of the following:	66885

(i) Leadership;

66886

(ii) Person-centered care;

66887

(iii) Principles of management within both the business and	66888
regulatory environments;	66889

(iv) An understanding of all post-acute settings, including	66890
transitions from acute settings and between post-acute settings.	66891

(b) Assist in the development of a strong, competitive market	66892
in Ohio for training, continuing education, and degree programs in	66893
long-term services and supports settings administration.	66894

(B) In the administration and enforcement of Chapter 4751. of	66895
the Revised Code, and the regulations adopted thereunder, the	66896
board is subject to Chapter 119. of the Revised Code and sections	66897
4743.01 and 4743.02 of the Revised Code except that a notice of	66898
appeal of an order of the board adopting, amending, or rescinding	66899
a rule or regulation does not operate as a stay of the effective	66900
date of such order as provided in section 119.11 of the Revised	66901
Code. The court, at its discretion, may grant a stay of any	66902
regulation in its application against the person filing the notice	66903
of appeal.	66904

Sec. 4751.041. Except when the board of ~~examiners~~executives	66905
of ~~nursing home administrators~~long-term services and supports	66906
considers it necessary, the board shall not disclose test	66907
materials, examinations, or evaluation tools used in an	66908
examination for licensure as a nursing home administrator that the	66909
board administers under section 4751.04 of the Revised Code or	66910
contracts under that section with a private or government entity	66911
to administer.	66912

Sec. 4751.042. (A) The board of executives of long-term	66913
services and supports shall enter into a written agreement with	66914
the department of aging for the department to serve as the board's	66915
fiscal agent. The fiscal agent shall be responsible for all the	66916
board's fiscal matters and financial transactions, as specified in	66917
the agreement. The written agreement shall specify the fees that	66918
the board shall pay to the fiscal agent for services performed	66919
under the agreement, and such fees shall be in proportion to the	66920
services performed for the board.	66921

(1) The agreement shall require the fiscal agent to provide	66922
the following services:	66923

(a) Preparation and processing of payroll and other personnel	66924
documents that the board approves;	66925

(b) Maintenance of ledgers of accounts and reports of account	66926
balances, and monitoring of budgets and allotment plans in	66927
consultation with the board;	66928

(c) Performance of other routine support services, specified	66929
in the agreement, that the fiscal agent considers appropriate to	66930
achieve efficiency.	66931

(2) The agreement may require the fiscal agent to provide the	66932
following services:	66933

(a) Any shared services between the board and the fiscal	66934
agent;	66935

(b) Any other services agreed to by the board and the	66936
department, including administrative or technical services.	66937

(B) The board, in conjunction and consultation with the	66938
fiscal agent, has the following authority and responsibility	66939
relative to fiscal matters:	66940

(1) Sole authority to expend funds from the board's accounts	66941
for programs and any other necessary expenses the board may incur;	66942

(2) Responsibility to cooperate with and inform the fiscal	66943
agent fully of all financial transactions.	66944

(C) The board shall follow all state procurement, fiscal,	66945
human resources, information technology, statutory, and	66946
administrative rule requirements.	66947

(D) In its role as fiscal agent for the board, the department	66948
shall serve as a contractor of the board, and does not assume	66949
responsibility for the debts or fiscal obligations of the board.	66950

Sec. 4751.05. (A) The board of ~~examiners~~executives of	66951
~~nursing home administrators~~long-term services and supports, or a	66952
government or private entity under contract with the board to	66953
administer examinations for licensure as a nursing home	66954
administrator, shall admit to an examination any candidate who:	66955

(1) Pays the application fee of fifty dollars;

66956

(2) Submits evidence of good moral character and suitability;

66957

(3) Is at least eighteen years of age;

66958

(4) Has completed educational requirements and work	66959
experience satisfactory to the board;	66960

(5) Submits an application on forms prescribed by the board;

66961

(6) Pays the examination fee charged by the board or	66962
government or private entity.	66963

(B) Nothing in Chapter 4751. of the Revised Code or the rules	66964
adopted thereunder shall be construed to require an applicant for	66965
licensure or a temporary license, who is employed by an	66966
institution for the care and treatment of the sick to demonstrate	66967
proficiency in any medical techniques or to meet any medical	66968
educational qualifications or medical standards not in accord with	66969
the remedial care and treatment provided by the institution if the	66970
institution is all of the following:	66971

(1) Operated exclusively for patients who use spiritual means	66972
for healing and for whom the acceptance of medical care is	66973
inconsistent with their religious beliefs;	66974

(2) Accredited by a national accrediting organization;

66975

(3) Exempt from federal income taxation under section 501 of	66976
the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1,	66977
as amended;	66978

(4) Providing twenty-four hour nursing care pursuant to the	66979
exemption in division (E) of section 4723.32 of the Revised Code	66980
from the licensing requirements of Chapter 4723. of the Revised	66981
Code.	66982

(C) If a person fails three times to attain a passing grade	66983
on the examination, said person, before the person may again be	66984
admitted to examination, shall meet such additional education or	66985
experience requirements, or both, as may be prescribed by the	66986
board.	66987

Sec. 4751.06. (A) An applicant for licensure as a nursing	66988
home administrator who has successfully completed the requirements	66989
of section 4751.05 of the Revised Code, passed the examination	66990
administered by the board of ~~examiners~~executives of ~~nursing home~~	66991
~~administrators~~long-term services and supports or a government or	66992
private entity under contract with the board, and paid to the	66993
board an original license fee of two hundred fifty dollars shall	66994
be issued a license on a form provided by the board. Such license	66995
shall certify that the applicant has met the licensure	66996
requirements of Chapter 4751. of the Revised Code and is entitled	66997
to practice as a licensed nursing home administrator.	66998

(B) A temporary license for a period not to exceed one	66999
hundred eighty days may be issued to an individual temporarily	67000
filling the position of a nursing home administrator vacated by	67001
reason of death, illness, or other unexpected cause, pursuant to	67002
regulations adopted by the board.	67003

(C) The fee for a temporary license is one hundred dollars.	67004
Said fee must accompany the application for the temporary license.	67005

(D) Any license or temporary license issued by the board	67006
pursuant to this section shall be under the hand of the	67007
chairperson and the secretary of the board.	67008

(E) A duplicate of the original certificate of registration	67009
or license may be secured to replace one that has been lost or	67010
destroyed by submitting to the board a notarized statement	67011
explaining the conditions of the loss, mutilation, or destruction	67012
of the certificate or license and by paying a fee of twenty-five	67013
dollars.	67014

(F) A duplicate certificate of registration and license may	67015
be issued in the event of a legal change of name by submitting to	67016
the board a certified copy of the court order or marriage license	67017
establishing the change of name, by returning at the same time the	67018
original license and certificate of registration, and by paying a	67019
fee of twenty-five dollars.	67020

Sec. 4751.07. (A) Every individual who holds a valid license	67021
as a nursing home administrator issued under division (A) of	67022
section 4751.06 of the Revised Code, shall immediately upon	67023
issuance thereof be registered with the board of ~~examiners~~	67024
executives of ~~nursing home administrators~~long-term services and	67025
supports and be issued a certificate of registration. Such	67026
individual shall annually apply to the board for a new certificate	67027
of registration on forms provided for such purpose prior to the	67028
expiration of the certificate of registration and shall at the	67029
same time submit satisfactory evidence to the board of having	67030
attended such continuing education programs or courses of study as	67031
may be prescribed in rules adopted by the board.	67032

(B) Upon making an application for a new certificate of	67033
registration such individual shall pay the annual registration fee	67034
of three hundred dollars.	67035

(C) Upon receipt of such application for registration and the	67036
registration fee required by divisions (A) and (B) of this	67037
section, the board shall issue a certificate of registration to	67038
such nursing home administrator.	67039

(D) The license of a nursing home administrator who fails to	67040
comply with this section shall automatically lapse.	67041

(E) A nursing home administrator who has been licensed and	67042
registered in this state who determines to temporarily abandon the	67043
practice of nursing home administration shall notify the board in	67044
writing immediately; provided, that such individual may thereafter	67045
register to resume the practice of nursing home administration	67046
within the state upon complying with the requirements of this	67047
section regarding annual registration.	67048

(F) Only an individual who has qualified as a licensed and	67049
registered nursing home administrator under Chapter 4751. of the	67050
Revised Code and the rules adopted thereunder, and who holds a	67051
valid current registration certificate pursuant to this section,	67052
may use the title "nursing home administrator," or the	67053
abbreviation "N.H.A." after the individual's name. No other person	67054
shall use such title or such abbreviation or any other words,	67055
letters, sign, card, or device tending to indicate or to imply	67056
that the person is a licensed and registered nursing home	67057
administrator.	67058

(G) Every person holding a valid license entitling the person	67059
to practice nursing home administration in this state shall	67060
display said license in the nursing home which is the person's	67061
principal place of employment, and while engaged in the practice	67062
of nursing home administration shall have at hand the current	67063
registration certificate.	67064

(H) Every person holding a valid temporary license shall have	67065
such license at hand while engaged in the practice of nursing home	67066
administration.	67067

Sec. 4751.08. The board of ~~examiners~~executives of ~~nursing~~	67068
~~home administrators~~long-term services and supports, in its	67069
discretion, and otherwise subject to Chapter 4751. of the Revised	67070
Code and the rules adopted by the board thereunder prescribing the	67071
qualifications for a nursing home administrator license, may	67072
license a nursing home administrator without examination if hethe	67073
nursing home administrator has a valid license issued by the	67074
proper authorities of any other state, upon payment of a fee of	67075
one hundred fifty dollars, and upon submission of evidence	67076
satisfactory to the board both:	67077

(A) That such other state maintained a system and standard of	67078
qualifications and examinations for a nursing home administrator	67079
license which were substantially equivalent to those required in	67080
this state at the time such other license was issued by such other	67081
state;	67082

(B) That such other state gives similar recognition to	67083
nursing home administrators licensed in this state.	67084

Sec. 4751.10. The license or registration, or both, or the	67085
temporary license of any person practicing or offering to practice	67086
nursing home administration, shall be revoked or suspended by the	67087
board of ~~examiners~~executives of ~~nursing home administrators~~	67088
long-term services and supports if such licensee or temporary	67089
licensee:	67090

(A) Is unfit or incompetent by reason of negligence, habits,	67091
or other causes;	67092

(B) Has willfully or repeatedly violated any of the	67093
provisions of Chapter 4751. of the Revised Code or the regulations	67094
adopted thereunder; or willfully or repeatedly acted in a manner	67095
inconsistent with the health and safety of the patients of the	67096
nursing home in which hethe licensee or temporary licensee is the	67097
administrator;	67098

(C) Is guilty of fraud or deceit in the practice of nursing	67099
home administration or in ~~his~~the licensee's or temporary	67100
licensee's admission to such practice;	67101

(D) Has been convicted in a court of competent jurisdiction,	67102
either within or without this state, of a felony.	67103

Proceedings under this section shall be instituted by the	67104
board or shall be begun by filing with the board charges in	67105
writing and under oath.	67106

Sec. 4751.11. (A) The board of ~~examiners~~executives of	67107
~~nursing home administrators~~long-term services and supports may,	67108
in its discretion, reissue a license or registration, or both, to	67109
any person whose license or registration, or both, has been	67110
revoked.	67111

(B) Application for the reissuance of a license or	67112
registration, or both, shall not be made prior to one year after	67113
revocation and shall be made in such manner as the board may	67114
direct.	67115

(C) If a person convicted of a felony is subsequently	67116
pardoned by the governor of the state where such conviction was	67117
had or by the president of the United States, or receives a final	67118
release granted by the adult parole authority of this state or its	67119
equivalent agency of another state, the board may, in its	67120
discretion, on application of such person and on the submission of	67121
evidence satisfactory to the board restore to such person the	67122
nursing home administrator's license or registration, or both.	67123

Sec. 4751.12. On receipt of a notice pursuant to section	67124
3123.43 of the Revised Code, the board of ~~examiners~~executives of	67125
~~nursing home administrators~~long-term services and supports shall	67126
comply with sections 3123.41 to 3123.50 of the Revised Code and	67127
any applicable rules adopted under section 3123.63 of the Revised	67128
Code with respect to a license issued pursuant to this chapter.	67129

Sec. 4751.13. The board of ~~examiners~~executives of ~~nursing~~	67130
~~home administrators~~long-term services and supports shall comply	67131
with section 4776.20 of the Revised Code.	67132

Sec. 4751.14. There is hereby created in the state treasury	67133
the board of executives of long-term services and supports fund.	67134
The fund shall consist of license and registration fees collected	67135
under this chapter. Money in the fund shall be used by the board	67136
of executives of long-term services and supports to administer and	67137
enforce this chapter and the rules adopted under it. Investment	67138
earnings of the fund shall be credited to the fund.	67139

Sec. 4755.481. (A) If a physical therapist evaluates and	67140
treats a patient without the prescription of, or the referral of	67141
the patient by, a person described in division (G)(1) of section	67142
4755.48 of the Revised Code, all of the following apply:	67143

(1) The physical therapist shall, upon consent of the	67144
patient, inform the relevant person described in division (G)(1)	67145
of section 4755.48 of the Revised Code of the evaluation not later	67146
than five business days after the evaluation is made.	67147

(2) If the physical therapist determines, based on reasonable	67148
evidence, that no substantial progress has been made with respect	67149
to that patient during the thirty-day period immediately following	67150
the date of the patient's initial visit with the physical	67151
therapist, the physical therapist shall consult with or refer the	67152
patient to a person described in division (G)(1) of section	67153
4755.48 of the Revised Code, unless either of the following	67154
applies:	67155

(a) The evaluation, treatment, or services are being provided	67156
for fitness, wellness, or prevention purposes.	67157

(b) The patient previously was diagnosed with chronic,	67158
neuromuscular, or developmental conditions and the evaluation,	67159
treatment, or services are being provided for problems or symptoms	67160
associated with one or more of those previously diagnosed	67161
conditions.	67162

(3) If the physical therapist determines that orthotic	67163
devices are necessary to treat the patient, the physical therapist	67164
shall be limited to the application of the following orthotic	67165
devices:	67166

(a) Upper extremity adaptive equipment used to facilitate the	67167
activities of daily living;	67168

(b) Finger splints;

67169

67170

(d) Prefabricated elastic or fabric abdominal supports with	67171
or without metal or plastic reinforcing stays and other	67172
prefabricated soft goods requiring minimal fitting;	67173

(e) Nontherapeutic accommodative inlays;

67174

(f) Shoes that are not manufactured or modified for a	67175
particular individual;	67176

(g) Prefabricated foot care products;

67177

(h) Custom foot orthotics;

67178

(i) Durable medical equipment.

67179

(4) If, at any time, the physical therapist has reason to	67180
believe that the patient has symptoms or conditions that require	67181
treatment or services beyond the scope of practice of a physical	67182
therapist, the physical therapist shall refer the patient to a	67183
licensed health care practitioner acting within the practitioner's	67184
scope of practice.	67185

(B) Nothing in sections 4755.40 to 4755.56 of the Revised	67186
Code shall be construed to require reimbursement under any health	67187
insuring corporation policy, contract, or agreement, any sickness	67188
and accident insurance policy, the ~~medical assistance~~medicaid	67189
program ~~as defined in section 5111.01 of the Revised Code~~, or the	67190
health partnership program or qualified health plans established	67191
pursuant to sections 4121.44 to 4121.442 of the Revised Code, for	67192
any physical therapy service rendered without the prescription of,	67193
or the referral of the patient by, a person described in division	67194
(G)(1) of section 4755.48 of the Revised Code.	67195

(C) For purposes of this section, "business day" means any	67196
calendar day that is not a Saturday, Sunday, or legal holiday.	67197
"Legal holiday" has the same meaning as in section 1.14 of the	67198
Revised Code.	67199

Sec. 4758.10. (A) There is hereby created the chemical	67200
dependency professionals board.	67201

(B) The governor shall appoint all of the following voting	67202
members of the board with the advice and consent of the senate:	67203

(1) Four individuals who hold a valid independent chemical	67204
dependency counselor-clinical supervisor license or independent	67205
chemical dependency counselor license issued under this chapter,	67206
including at least two of whom have received at least a master's	67207
degree in a field related to chemical dependency counseling from	67208
an accredited educational institution;	67209

(2) Two individuals who hold a valid chemical dependency	67210
counselor III license issued under this chapter;	67211

(3) One individual who holds a valid chemical dependency	67212
counselor II license issued under this chapter;	67213

(4) Two individuals who hold a valid prevention specialist II	67214
certificate or prevention specialist I certificate issued under	67215
this chapter;	67216

(5) One individual who is authorized under Chapter 4731. of	67217
the Revised Code to practice medicine and surgery or osteopathic	67218
medicine and surgery and has experience practicing in a field	67219
related to chemical dependency counseling;	67220

(6) Two individuals who represent the public and have not	67221
practiced chemical dependency counseling or alcohol and other drug	67222
prevention services and have not been involved in the delivery of	67223
chemical dependency counseling services or alcohol and other drug	67224
prevention services. At least one of these individuals shall be at	67225
least sixty years of age. During their terms, the public members	67226
shall not practice chemical dependency counseling or alcohol and	67227
other drug prevention services or be involved in the delivery of	67228
chemical dependency counseling services or alcohol and other drug	67229
prevention services.	67230

(C) Not later than ninety days after December 23, 2002, the	67231
director of ~~alcohol and drug addiction services~~mental health and	67232
addiction services shall appoint an individual who represents the	67233
department of ~~alcohol and drug addiction services~~mental health	67234
and addiction services to serve as an ex officio member of the	67235
chemical dependency professionals board.	67236

(D) Not more than one-half of the voting members of the board	67237
may be of the same gender or members of the same political party.	67238
At least two voting members of the board shall be of African,	67239
Native American, Hispanic, or Asian descent.	67240

Sec. 4758.11. Of the initial appointees to the chemical	67241
dependency professionals board appointed by the governor under	67242
division (B) of section 4758.10 of the Revised Code, four shall be	67243
appointed for terms ending one year after ~~the effective date of~~	67244
~~this section~~December 23, 2002, four shall be appointed for terms	67245
ending two years after ~~the effective date of this section~~December	67246
23, 2002, and four shall be appointed for terms ending three years	67247
after ~~the effective date of this section~~December 23, 2002. After	67248
the initial appointments, terms of office shall be three years,	67249
each term ending on the same day of the same month of the year as	67250
the term it succeeds.	67251

A voting member of the board shall hold office from the date	67252
of appointment until the end of the term for which the member was	67253
appointed. A voting member appointed to fill a vacancy occurring	67254
prior to the expiration of the term for which the member's	67255
predecessor was appointed shall hold office for the remainder of	67256
that term. A voting member shall continue in office after the	67257
expiration date of the member's term until the member's successor	67258
takes office or until a period of sixty days has elapsed,	67259
whichever occurs first. Voting members may be reappointed, except	67260
that an individual who has held office for two consecutive full	67261
terms shall not be reappointed sooner than one year after the	67262
expiration of the second full term.	67263

The ex officio member of the board appointed by the director	67264
of ~~alcohol and drug addiction services~~mental health and addiction	67265
services under division (C) of section 4758.10 of the Revised Code	67266
shall serve at the pleasure of the director.	67267

Sec. 4761.01. As used in this chapter:

67268

(A) "Respiratory care" means rendering or offering to render	67269
to individuals, groups, organizations, or the public any service	67270
involving the evaluation of cardiopulmonary function, the	67271
treatment of cardiopulmonary impairment, the assessment of	67272
treatment effectiveness, and the care of patients with	67273
deficiencies and abnormalities associated with the cardiopulmonary	67274
system. The practice of respiratory care includes:	67275

(1) Obtaining, analyzing, testing, measuring, and monitoring	67276
blood and gas samples in the determination of cardiopulmonary	67277
parameters and related physiologic data, including flows,	67278
pressures, and volumes, and the use of equipment employed for this	67279
purpose;	67280

(2) Administering, monitoring, recording the results of, and	67281
instructing in the use of medical gases, aerosols, and	67282
bronchopulmonary hygiene techniques, including drainage,	67283
aspiration, and sampling, and applying, maintaining, and	67284
instructing in the use of artificial airways, ventilators, and	67285
other life support equipment employed in the treatment of	67286
cardiopulmonary impairment and provided in collaboration with	67287
other licensed health care professionals responsible for providing	67288
care;	67289

(3) Performing cardiopulmonary resuscitation and respiratory	67290
rehabilitation techniques;	67291

(4) Administering medications for the testing or treatment of	67292
cardiopulmonary impairment.	67293

(B) "Respiratory care professional" means a person who is	67294
licensed under this chapter to practice the full range of	67295
respiratory care services as defined in division (A) of this	67296
section.	67297

(C) "Physician" means an individual authorized under Chapter	67298
4731. of the Revised Code to practice medicine and surgery or	67299
osteopathic medicine and surgery.	67300

(D) "Registered nurse" means an individual licensed under	67301
Chapter 4723. of the Revised Code to engage in the practice of	67302
nursing as a registered nurse.	67303

(E) "Hospital" means a facility that meets the operating	67304
standards of section 3727.02 of the Revised Code.	67305

(F) "Nursing facility" has the same meaning as in section	67306
~~5111.20~~5165.01 of the Revised Code.	67307

Sec. 4905.31. Chapters 4901., 4903., 4905., 4907., 4909.,	67308
4921., 4923., 4927., 4928., and 4929. of the Revised Code do not	67309
prohibit a public utility from filing a schedule or establishing	67310
or entering into any reasonable arrangement with another public	67311
utility or with one or more of its customers, consumers, or	67312
employees, and do not prohibit a mercantile customer of an	67313
electric distribution utility as those terms are defined in	67314
section 4928.01 of the Revised Code or a group of those customers	67315
from establishing a reasonable arrangement with that utility or	67316
another public utility electric light company, providing for any	67317
of the following:	67318

(A) The division or distribution of its surplus profits;

67319

(B) A sliding scale of charges, including variations in rates	67320
based upon stipulated variations in cost as provided in the	67321
schedule or arrangement.	67322

(C) A minimum charge for service to be rendered unless such	67323
minimum charge is made or prohibited by the terms of the	67324
franchise, grant, or ordinance under which such public utility is	67325
operated;	67326

(D) A classification of service based upon the quantity used,	67327
the time when used, the purpose for which used, the duration of	67328
use, and any other reasonable consideration;	67329

(E)(1) Any other financial device that may be practicable or	67330
advantageous to the parties interested. In the case of a schedule	67331
or arrangement concerning a public utility electric light company,	67332
such other financial device may include aany of the following:	67333

(a) A device to recover costs incurred in conjunction with	67334
any economic development and job retention program of the utility	67335
from customers within its certified territory, including recovery	67336
of revenue foregone as a result of any such program; ~~any~~	67337

(b) Any development and implementation of peak demand	67338
reduction and energy efficiency programs under section 4928.66 of	67339
the Revised Code; ~~any~~	67340

(c) Any acquisition and deployment of advanced metering,	67341
including the costs of any meters prematurely retired as a result	67342
of the advanced metering implementation; ~~and compliance~~	67343

(d) Compliance with any government mandate.

67344

(2) During the period beginning on the effective date of this	67345
amendment and ending on January 1, 2018, the commission may	67346
approve any application for, or modification or extension of, a	67347
schedule or arrangement that provides for a device described in	67348
division (E)(1)(a) of this section that recovers costs from retail	67349
electric service customers in this state. The schedule or	67350
arrangement may continue in effect after that ending date for any	67351
period approved by the commission.	67352

No such schedule or arrangement is lawful unless it is filed	67353
with and approved by the commission pursuant to an application	67354
that is submitted by the public utility or the mercantile customer	67355
or group of mercantile customers of an electric distribution	67356
utility and is posted on the commission's docketing information	67357
system and is accessible through the internet.	67358

Every such public utility is required to conform its	67359
schedules of rates, tolls, and charges to such arrangement,	67360
sliding scale, classification, or other device, and where variable	67361
rates are provided for in any such schedule or arrangement, the	67362
cost data or factors upon which such rates are based and fixed	67363
shall be filed with the commission in such form and at such times	67364
as the commission directs.	67365

Every such schedule or reasonable arrangement shall be under	67366
the supervision and regulation of the commission, and is subject	67367
to change, alteration, or modification by the commission.	67368

Sec. 5101.01. (A) As used in the Revised Code, the	67369
"department of public welfare" and the "department of human	67370
services" mean the department of job and family services and the	67371
"director of public welfare" and the "director of human services"	67372
mean the director of job and family services. ~~Whenever~~Except as	67373
provided in section 5160.011 of the Revised Code, whenever the	67374
department or director of public welfare or the department or	67375
director of human services is referred to or designated in any	67376
statute, rule, contract, grant, or other document, the reference	67377
or designation shall be deemed to refer to the department or	67378
director of job and family services, as the case may be.	67379

(B) As used in this chapter:

67380

(1) References to a county department of job and family	67381
services include a joint county department of job and family	67382
services established under section 329.40 of the Revised Code.	67383

(2) References to a board of county commissioners include the	67384
board of directors of a joint county department of job and family	67385
services established under section 329.40 of the Revised Code.	67386

Sec. 5101.11. ~~This section does not apply to contracts~~	67387
~~entered into under section 5111.90 or 5111.91 of the Revised Code.~~	67388

(A) As used in this section:

67389

(1) "Entity" includes an agency, board, commission, or	67390
department of the state or a political subdivision of the state; a	67391
private, nonprofit entity; a school district; a private school; or	67392
a public or private institution of higher education.	67393

(2) "Federal financial participation" means the federal	67394
government's share of expenditures made by an entity in	67395
implementing a program administered by the department of job and	67396
family services.	67397

(B) At the request of any public entity having authority to	67398
implement a program administered by the department of job and	67399
family services or any private entity under contract with a public	67400
entity to implement a program administered by the department, the	67401
department may seek to obtain federal financial participation for	67402
costs incurred by the entity. Federal financial participation may	67403
be sought from programs operated pursuant to Title IV-A,of the	67404
"Social Security Act," 42 U.S.C. 601 et seq.; Title IV-E~~, and~~	67405
~~Title XIX~~ of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42	67406
U.S.C. ~~301, as amended~~670 et seq.; the Food and Nutrition Act of	67407
2008 (,7 U.S.C. 2011 et seq.); and any other statute or regulation	67408
under which federal financial participation may be available,	67409
except that federal financial participation may be sought only for	67410
expenditures made with funds for which federal financial	67411
participation is available under federal law.	67412

(C) All funds collected by the department ~~of job and family~~	67413
~~services~~ pursuant to division (B) of this section shall be	67414
distributed to the entities that incurred the costs, except for	67415
any amounts retained by the department pursuant to division (D)(3)	67416
of this section.	67417

(D) In distributing federal financial participation pursuant	67418
to this section, the department may either enter into an agreement	67419
with the entity that is to receive the funds or distribute the	67420
funds in accordance with rules adopted under division (F) of this	67421
section. If the department decides to enter into an agreement to	67422
distribute the funds, the agreement may include terms that do any	67423
of the following:	67424

(1) Provide for the whole or partial reimbursement of any	67425
cost incurred by the entity in implementing the program;	67426

(2) In the event that federal financial participation is	67427
disallowed or otherwise unavailable for any expenditure, require	67428
the department ~~of job and family services~~ or the entity, whichever	67429
party caused the disallowance or unavailability of federal	67430
financial participation, to assume responsibility for the	67431
expenditures;	67432

(3) Permit the department to retain not more than five per	67433
cent of the amount of the federal financial participation to be	67434
distributed to the entity;	67435

(4) Require the public entity to certify the availability of	67436
sufficient unencumbered funds to match the federal financial	67437
participation it receives under this section;	67438

(5) Establish the length of the agreement, which may be for a	67439
fixed or a continuing period of time;	67440

(6) Establish any other requirements determined by the	67441
department to be necessary for the efficient administration of the	67442
agreement.	67443

(E) An entity that receives federal financial participation	67444
pursuant to this section for a program aiding children and their	67445
families shall establish a process for collaborative planning with	67446
the department ~~of job and family services~~ for the use of the funds	67447
to improve and expand the program.	67448

(F) The director of job and family services shall adopt rules	67449
as necessary to implement this section, including rules for the	67450
distribution of federal financial participation pursuant to this	67451
section. The rules shall be adopted in accordance with Chapter	67452
119. of the Revised Code. The director may adopt or amend any	67453
statewide plan required by the federal government for a program	67454
administered by the department, as necessary to implement this	67455
section.	67456

(G) Federal financial participation received pursuant to this	67457
section shall not be included in any calculation made under	67458
section 5101.16 or 5101.161 of the Revised Code.	67459

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	67460
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	67461
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	67462

(B) The department of job and family services shall act as	67463
the single state agency to administer federal payments for foster	67464
care and adoption assistance made pursuant to Title IV-E. The	67465
director of job and family services shall adopt rules to implement	67466
this authority. Rules governing financial and administrative	67467
requirements applicable to public children services agencies and	67468
government entities that provide Title IV-E reimbursable placement	67469
services to children shall be adopted in accordance with section	67470
111.15 of the Revised Code, as if they were internal management	67471
rules. Rules governing requirements applicable to private child	67472
placing agencies and private noncustodial agencies and rules	67473
establishing eligibility, program participation, and other	67474
requirements concerning Title IV-E shall be adopted in accordance	67475
with Chapter 119. of the Revised Code. A public children services	67476
agency to which the department distributes Title IV-E funds shall	67477
administer the funds in accordance with those rules.	67478

(C)(1) The county, on behalf of each child eligible for	67479
foster care maintenance payments under Title IV-E, shall make	67480
payments to cover the cost of providing all of the following:	67481

(a) The child's food, clothing, shelter, daily supervision,	67482
and school supplies;	67483

(b) The child's personal incidentals;

67484

67485

(2) In addition to payments made under division (C)(1) of	67486
this section, the county may, on behalf of each child eligible for	67487
foster care maintenance payments under Title IV-E, make payments	67488
to cover the cost of providing the following:	67489

(a) Liability insurance with respect to the child;

67490

(b) If the county is participating in the demonstration	67491
project established under division (A) of section 5101.142 of the	67492
Revised Code, services provided under the project.	67493

(3) With respect to a child who is in a child-care	67494
institution, including any type of group home designed for the	67495
care of children or any privately operated program consisting of	67496
two or more certified foster homes operated by a common	67497
administrative unit, the foster care maintenance payments made by	67498
the county on behalf of the child shall include the reasonable	67499
cost of the administration and operation of the institution, group	67500
home, or program, as necessary to provide the items described in	67501
divisions (C)(1) and (2) of this section.	67502

(D) To the extent that either foster care maintenance	67503
payments under division (C) of this section or Title IV-E adoption	67504
assistance payments for maintenance costs require the expenditure	67505
of county funds, the board of county commissioners shall report	67506
the nature and amount of each expenditure of county funds to the	67507
department.	67508

(E) The department shall distribute to public children	67509
services agencies that incur and report expenditures of the type	67510
described in division (D) of this section federal financial	67511
participation received for administrative and training costs	67512
incurred in the operation of foster care maintenance and adoption	67513
assistance programs. The department may withhold not more than	67514
three per cent of the federal financial participation received.	67515
The funds withheld may be used only to fund the following:	67516

(1) The Ohio child welfare training program established under	67517
section 5103.30 of the Revised Code;	67518

(2) The university partnership program for college and	67519
university students majoring in social work who have committed to	67520
work for a public children services agency upon graduation;	67521

(3) Efforts supporting organizational excellence, including	67522
voluntary activities to be accredited by a nationally recognized	67523
accreditation organization.	67524

The funds withheld shall be in addition to any administration	67525
and training cost for which the department is reimbursed through	67526
its own cost allocation plan.	67527

(F) All federal financial participation funds received by a	67528
county pursuant to this section shall be deposited into the	67529
county's children services fund created pursuant to section	67530
5101.144 of the Revised Code.	67531

(G) The department shall periodically publish and distribute	67532
the maximum amounts that the department will reimburse public	67533
children services agencies for making payments on behalf of	67534
children eligible for foster care maintenance payments.	67535

(H) The department, by and through its director, is hereby	67536
authorized to develop, participate in the development of,	67537
negotiate, and enter into one or more interstate compacts on	67538
behalf of this state with agencies of any other states, for the	67539
provision of ~~medical assistance and other~~ social services to	67540
children in relation to whom all of the following apply:	67541

(1) They have special needs.

67542

(2) This state or another state that is a party to the	67543
interstate compact is providing adoption assistance on their	67544
behalf.	67545

(3) They move into this state from another state or move out	67546
of this state to another state.	67547

Sec. 5101.16. (A) As used in this section and sections	67548
5101.161 and 5101.162 of the Revised Code:	67549

(1) "Disability financial assistance" means the financial	67550
assistance program established under Chapter 5115. of the Revised	67551
Code.	67552

(2) "Supplemental nutrition assistance program" means the	67553
program administered by the department of job and family services	67554
pursuant to section 5101.54 of the Revised Code.	67555

(3) ~~"Medicaid" means the medical assistance program~~	67556
~~established by Chapter 5111. of the Revised Code, excluding~~	67557
~~transportation services provided under that chapter.~~	67558

~~(4)~~ "Ohio works first" means the program established by	67559
Chapter 5107. of the Revised Code.	67560

~~(5)~~(4) "Prevention, retention, and contingency" means the	67561
program established by Chapter 5108. of the Revised Code.	67562

~~(6)~~(5) "Public assistance expenditures" means expenditures	67563
for all of the following:	67564

(a) Ohio works first;

67565

(b) County administration of Ohio works first;

67566

67567

(d) County administration of prevention, retention, and	67568
contingency;	67569

(e) Disability financial assistance;

67570

(f) County administration of disability financial assistance;

67571

(g) County administration of the supplemental nutrition	67572
assistance program;	67573

(h) County administration of medicaid, excluding	67574
administrative expenditures for transportation services covered by	67575
the medicaid program.	67576

(7) "Title IV-A program" has the same meaning as in section	67577
5101.80 of the Revised Code.	67578

(B) Each board of county commissioners shall pay the county	67579
share of public assistance expenditures in accordance with section	67580
5101.161 of the Revised Code. Except as provided in division (C)	67581
of this section, a county's share of public assistance	67582
expenditures is the sum of all of the following for state fiscal	67583
year 1998 and each state fiscal year thereafter:	67584

(1) The amount that is twenty-five per cent of the county's	67585
total expenditures for disability financial assistance and county	67586
administration of that program during the state fiscal year ending	67587
in the previous calendar year that the department of job and	67588
family services determines are allowable.	67589

(2) The amount that is ten per cent, or other percentage	67590
determined under division (D) of this section, of the county's	67591
total expenditures for county administration of the supplemental	67592
nutrition assistance program and medicaid (excluding	67593
administrative expenditures for transportation services covered by	67594
the medicaid program) during the state fiscal year ending in the	67595
previous calendar year that the department determines are	67596
allowable, less the amount of federal reimbursement credited to	67597
the county under division (E) of this section for the state fiscal	67598
year ending in the previous calendar year;	67599

(3) A percentage of the actual amount of the county share of	67600
program and administrative expenditures during federal fiscal year	67601
1994 for assistance and services, other than child care, provided	67602
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	67603
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	67604
enactment of the "Personal Responsibility and Work Opportunity	67605
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	67606
and family services shall determine the actual amount of the	67607
county share from expenditure reports submitted to the United	67608
States department of health and human services. The percentage	67609
shall be the percentage established in rules adopted under	67610
division (F) of this section.	67611

(C)(1) If a county's share of public assistance expenditures	67612
determined under division (B) of this section for a state fiscal	67613
year exceeds one hundred five per cent of the county's share for	67614
those expenditures for the immediately preceding state fiscal	67615
year, the department of job and family services shall reduce the	67616
county's share for expenditures under divisions (B)(1) and (2) of	67617
this section so that the total of the county's share for	67618
expenditures under division (B) of this section equals one hundred	67619
five per cent of the county's share of those expenditures for the	67620
immediately preceding state fiscal year.	67621

(2) A county's share of public assistance expenditures	67622
determined under division (B) of this section may be increased	67623
pursuant to section 5101.163 of the Revised Code and a sanction	67624
under section 5101.24 of the Revised Code. An increase made	67625
pursuant to section 5101.163 of the Revised Code may cause the	67626
county's share to exceed the limit established by division (C)(1)	67627
of this section.	67628

(D)(1) If the per capita tax duplicate of a county is less	67629
than the per capita tax duplicate of the state as a whole and	67630
division (D)(2) of this section does not apply to the county, the	67631
percentage to be used for the purpose of division (B)(2) of this	67632
section is the product of ten multiplied by a fraction of which	67633
the numerator is the per capita tax duplicate of the county and	67634
the denominator is the per capita tax duplicate of the state as a	67635
whole. The department of job and family services shall compute the	67636
per capita tax duplicate for the state and for each county by	67637
dividing the tax duplicate for the most recent available year by	67638
the current estimate of population prepared by the ~~department of~~	67639
development services agency.	67640

(2) If the percentage of families in a county with an annual	67641
income of less than three thousand dollars is greater than the	67642
percentage of such families in the state and division (D)(1) of	67643
this section does not apply to the county, the percentage to be	67644
used for the purpose of division (B)(2) of this section is the	67645
product of ten multiplied by a fraction of which the numerator is	67646
the percentage of families in the state with an annual income of	67647
less than three thousand dollars a year and the denominator is the	67648
percentage of such families in the county. The department of job	67649
and family services shall compute the percentage of families with	67650
an annual income of less than three thousand dollars for the state	67651
and for each county by multiplying the most recent estimate of	67652
such families published by the ~~department of~~ development services	67653
agency, by a fraction, the numerator of which is the estimate of	67654
average annual personal income published by the bureau of economic	67655
analysis of the United States department of commerce for the year	67656
on which the census estimate is based and the denominator of which	67657
is the most recent such estimate published by the bureau.	67658

(3) If the per capita tax duplicate of a county is less than	67659
the per capita tax duplicate of the state as a whole and the	67660
percentage of families in the county with an annual income of less	67661
than three thousand dollars is greater than the percentage of such	67662
families in the state, the percentage to be used for the purpose	67663
of division (B)(2) of this section shall be determined as follows:	67664

(a) Multiply ten by the fraction determined under division	67665
(D)(1) of this section;	67666

(b) Multiply the product determined under division (D)(3)(a)	67667
of this section by the fraction determined under division (D)(2)	67668
of this section.	67669

(4) The department of job and family services shall	67670
determine, for each county, the percentage to be used for the	67671
purpose of division (B)(2) of this section not later than the	67672
first day of July of the year preceding the state fiscal year for	67673
which the percentage is used.	67674

(E) The department of job and family services shall credit to	67675
a county the amount of federal reimbursement the department	67676
receives from the United States departments of agriculture and	67677
health and human services for the county's expenditures for	67678
administration of the supplemental nutrition assistance program	67679
and medicaid (excluding administrative expenditures for	67680
transportation services covered by the medicaid program) that the	67681
department determines are allowable administrative expenditures.	67682

(F)(1) The director of job and family services shall adopt	67683
rules in accordance with section 111.15 of the Revised Code to	67684
establish all of the following:	67685

(a) The method the department is to use to change a county's	67686
share of public assistance expenditures determined under division	67687
(B) of this section as provided in division (C) of this section;	67688

(b) The allocation methodology and formula the department	67689
will use to determine the amount of funds to credit to a county	67690
under this section;	67691

(c) The method the department will use to change the payment	67692
of the county share of public assistance expenditures from a	67693
calendar-year basis to a state fiscal year basis;	67694

(d) The percentage to be used for the purpose of division	67695
(B)(3) of this section, which shall, except as provided in section	67696
5101.163 of the Revised Code, meet both of the following	67697
requirements:	67698

(i) The percentage shall not be less than seventy-five per	67699
cent nor more than eighty-two per cent;	67700

(ii) The percentage shall not exceed the percentage that the	67701
state's qualified state expenditures is of the state's historic	67702
state expenditures as those terms are defined in 42 U.S.C.	67703
609(a)(7).	67704

(e) Other procedures and requirements necessary to implement	67705
this section.	67706

(2) The director of job and family services may amend the	67707
rule adopted under division (F)(1)(d) of this section to modify	67708
the percentage on determination that the amount the general	67709
assembly appropriates for Title IV-A programs makes the	67710
modification necessary. The rule shall be adopted and amended as	67711
if an internal management rule and in consultation with the	67712
director of budget and management.	67713

Sec. 5101.162. Subject to available federal funds and	67714
appropriations made by the general assembly, the department of job	67715
and family services may, at its sole discretion, use available	67716
federal funds to reimburse county expenditures for county	67717
administration of the supplemental nutrition assistance program or	67718
medicaid (excluding administrative expenditures for transportation	67719
services covered by the medicaid program) even though the county	67720
expenditures meet or exceed the maximum allowable reimbursement	67721
amount established by rules adopted under section 5101.161 of the	67722
Revised Code. The director of job and family services may adopt	67723
internal management rules in accordance with section 111.15 of the	67724
Revised Code to implement this section.	67725

Sec. 5101.18. ~~(A)~~ When the director of job and family	67726
services adopts rules under section 5107.05 regarding income	67727
requirements for the Ohio works first program and under section	67728
5115.03 of the Revised Code regarding income and resource	67729
requirements for the disability financial assistance program, the	67730
director shall determine what payments shall be regarded or	67731
disregarded. In making this determination, the director shall	67732
consider:	67733

~~(1)~~(A) The source of the payment;

67734

~~(2)~~(B) The amount of the payment;

67735

~~(3)~~(C) The purpose for which the payment was made;

67736

~~(4)~~(D) Whether regarding the payment as income would be in	67737
the public interest;	67738

~~(5)~~(E) Whether treating the payment as income would be	67739
detrimental to any of the programs administered in whole or in	67740
part by the department of job and family services and whether such	67741
determination would jeopardize the receipt of any federal grant or	67742
payment by the state or any receipt of aid under Chapter 5107. of	67743
the Revised Code.	67744

~~(B) Any recipient of aid under Title XVI of the "Social~~	67745
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,~~	67746
~~whose money payment is discontinued as the result of a general~~	67747
~~increase in old-age, survivors, and disability insurance benefits~~	67748
~~under such act, shall remain a recipient for the purpose of~~	67749
~~receiving medical assistance through the medical assistance~~	67750
~~program established under section 5111.01 of the Revised Code.~~	67751

Sec. 5101.181. (A) As used in this section and section	67752
5101.182 of the Revised Code:	67753

~~(1) "Public~~, "public assistance" means any or all of the	67754
following:	67755

~~(a)~~(1) Ohio works first;

67756

~~(b)~~(2) Prevention, retention, and contingency;

67757

~~(c)~~(3) Disability financial assistance;

67758

~~(d)~~(4) General assistance provided prior to July 17, 1995,	67759
under former Chapter 5113. of the Revised Code.	67760

~~(2) "Medical assistance" means medical assistance provided~~	67761
~~pursuant to, or under programs established by, section 5101.49,~~	67762
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	67763
~~provision of the Revised Code.~~	67764

(B) As part of the procedure for the determination of	67765
overpayment to a recipient of public assistance under Chapter	67766
5107., 5108., or 5115. of the Revised Code, the director of job	67767
and family services may furnish quarterly the name and social	67768
security number of each individual who receives public assistance	67769
to the director of administrative services, the administrator of	67770
the bureau of workers' compensation, and each of the state's	67771
retirement boards. Within fourteen days after receiving the name	67772
and social security number of an individual who receives public	67773
assistance, the director of administrative services,	67774
administrator, or board shall inform the auditor of state as to	67775
whether such individual is receiving wages or benefits, the amount	67776
of any wages or benefits being received, the social security	67777
number, and the address of the individual. The director of	67778
administrative services, administrator, boards, and any agent or	67779
employee of those officials and boards shall comply with the rules	67780
of the director of job and family services restricting the	67781
disclosure of information regarding recipients of public	67782
assistance. Any person who violates this provision shall	67783
thereafter be disqualified from acting as an agent or employee or	67784
in any other capacity under appointment or employment of any state	67785
board, commission, or agency.	67786

(C) The auditor of state may enter into a reciprocal	67787
agreement with the director of job and family services or	67788
comparable officer of any other state for the exchange of names,	67789
current or most recent addresses, or social security numbers of	67790
persons receiving public assistance under Title IV-A of the	67791
"Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C. ~~301, as~~	67792
~~amended~~601 et seq.	67793

(D) The auditor of state shall retain, for not less than two	67794
years, at least one copy of all information received under this	67795
section and sections 145.27, 742.41, 3307.20, 3309.22, 4123.27,	67796
5101.182, and 5505.04 of the Revised Code.	67797

(E) ~~On the request of the director of job and family~~	67798
~~services, the auditor of state may conduct an audit of an~~	67799
~~individual who receives medical assistance. If the auditor decides~~	67800
~~to conduct an audit, the auditor shall enter into an interagency~~	67801
~~agreement with the department of~~ ~~job and family services~~ that	67802
specifies that the auditor agrees to comply with section 5101.271	67803
of the Revised Code with respect to any information the auditor	67804
receives pursuant to the audit.	67805

~~(F)~~ The auditor shall review the information described in	67806
division (D) of this section to determine whether overpayments	67807
were made to recipients of public assistance under Chapters 5107.,	67808
5108., and 5115. of the Revised Code. The auditor of state shall	67809
initiate action leading to prosecution, where warranted, of	67810
recipients who received overpayments by forwarding the name of	67811
each recipient who received overpayment, together with other	67812
pertinent information, to the director of job and family services,	67813
the attorney general, and the county director of job and family	67814
services and county prosecutor of the county through which public	67815
assistance was received.	67816

~~(G)~~(F) The auditor of state and the attorney general or their	67817
designees may examine any records, whether in computer or printed	67818
format, in the possession of the director of job and family	67819
services or any county director of job and family services. They	67820
shall provide safeguards which restrict access to such records to	67821
purposes directly connected with an audit or investigation,	67822
prosecution, or criminal or civil proceeding conducted in	67823
connection with the administration of the programs and shall	67824
comply with ~~sections~~section 5101.27 ~~and 5101.271~~ of the Revised	67825
Code and ~~adopts~~ rules ofadopted by the director of job and family	67826
services restricting the disclosure of information regarding	67827
recipients of public assistance ~~or medical assistance~~. Any person	67828
who violates this provision shall thereafter be disqualified from	67829
acting as an agent or employee or in any other capacity under	67830
appointment or employment of any state board, commission, or	67831
agency.	67832

~~(H)~~(G) Costs incurred by the auditor of state in carrying out	67833
the auditor of state's duties under this section shall be borne by	67834
the auditor of state.	67835

Sec. 5101.183. (A) ~~Except as provided in section 5111.12 of~~	67836
~~the Revised Code, the~~The director of job and family services, in	67837
accordance with section 111.15 of the Revised Code, may adopt	67838
rules under which county family services agencies shall take	67839
action to recover the cost of the following benefits and services	67840
available under programs administered by the department of job and	67841
family services:	67842

(1) Benefits or services provided to any of the following:

67843

(a) Persons who were not eligible for the benefits or	67844
services but who secured the benefits or services through fraud or	67845
misrepresentation;	67846

(b) Persons who were eligible for the benefits or services	67847
but who intentionally diverted the benefits or services to other	67848
persons who were not eligible for the benefits or services.	67849

(2) Any benefits or services provided by a county family	67850
services agency for which recovery is required or permitted by	67851
federal law for the federal programs administered by the agency.	67852

(B) A county family services agency may bring a civil action	67853
against a recipient of benefits or services to recover any costs	67854
described in division (A) of this section.	67855

(C) A county family services agency shall retain any money it	67856
recovers under division (A) of this section and shall use the	67857
money to meet a family services duty, except that, if federal law	67858
requires the department of job and family services to return any	67859
portion of the money so recovered to the federal government, the	67860
county family services agency shall pay that portion to the	67861
department of job and family services.	67862

Sec. 5101.184. (A) The director of job and family services	67863
shall work with the tax commissioner to collect overpayments of	67864
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	67865
5113., or section 5101.54 of the Revised Code from refunds of	67866
state income taxes for taxable year 1992 and thereafter that are	67867
payable to the recipients of such overpayments.	67868

Any overpayment of assistance, whether obtained by fraud or	67869
misrepresentation, as the result of an error by the recipient or	67870
by the agency making the payment, or in any other manner, may be	67871
collected under this section. Any reduction under section 5747.12	67872
or 5747.121 of the Revised Code to an income tax refund shall be	67873
made before a reduction under this section. No reduction shall be	67874
made under this section if the amount of the refund is less than	67875
twenty-five dollars after any reduction under section 5747.12 of	67876
the Revised Code. A reduction under this section shall be made	67877
before any part of the refund is contributed under section	67878
5747.113 of the Revised Code, or is credited under section 5747.12	67879
of the Revised Code against tax due in any subsequent year.	67880

The director and the tax commissioner, by rules adopted in	67881
accordance with Chapter 119. of the Revised Code, shall establish	67882
procedures to implement this division. The procedures shall	67883
provide for notice to a recipient of assistance and an opportunity	67884
for the recipient to be heard before the recipient's income tax	67885
refund is reduced.	67886

(B) The director of job and family services may enter into	67887
agreements with the federal government to collect overpayments of	67888
assistance from refunds of federal income taxes that are payable	67889
to recipients of the overpayments.	67890

Sec. 5101.26. As used in this section and in sections	67891
5101.27 to 5101.30 of the Revised Code:	67892

(A) "County agency" means a county department of job and	67893
family services or a public children services agency.	67894

(B) "Fugitive felon" means an individual who is fleeing to	67895
avoid prosecution, or custody or confinement after conviction,	67896
under the laws of the place from which the individual is fleeing,	67897
for a crime or an attempt to commit a crime that is a felony under	67898
the laws of the place from which the individual is fleeing or, in	67899
the case of New Jersey, a high misdemeanor, regardless of whether	67900
the individual has departed from the individual's usual place of	67901
residence.	67902

(C) "Information" means records as defined in section 149.011	67903
of the Revised Code, any other documents in any format, and data	67904
derived from records and documents that are generated, acquired,	67905
or maintained by the department of job and family services, a	67906
county agency, or an entity performing duties on behalf of the	67907
department or a county agency.	67908

(D) "Law enforcement agency" means the state highway patrol,	67909
an agency that employs peace officers as defined in section 109.71	67910
of the Revised Code, the adult parole authority, a county	67911
department of probation, a prosecuting attorney, the attorney	67912
general, similar agencies of other states, federal law enforcement	67913
agencies, and postal inspectors. "Law enforcement agency" includes	67914
the peace officers and other law enforcement officers employed by	67915
the agency.	67916

(E) ~~"Medical assistance" means medical assistance provided~~	67917
~~pursuant to, or under programs established by, section 5101.49,~~	67918
~~sections 5101.50 to 5101.529, Chapter 5111., or any other~~	67919
~~provision of the Revised Code.~~	67920

~~(F) "Medical assistance recipient" means an applicant for or~~	67921
~~recipient or former recipient of medical assistance.~~	67922

~~(G)~~ "Public assistance" means financial assistance or social	67923
services that are ~~not medical assistance~~ provided under a program	67924
administered by the department of job and family services or a	67925
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	67926
5108., or 5115. of the Revised Code or an executive order issued	67927
under section 107.17 of the Revised Code. "Public assistance" does	67928
not mean medical assistance provided under a medical assistance	67929
program, as defined in section 5160.01 of the Revised Code.	67930

~~(H)~~(F) "Public assistance recipient" means an applicant for	67931
or recipient or former recipient of public assistance.	67932

Sec. 5101.272. (A) For the purposes of ~~sections~~section	67933
5101.27 ~~and 5101.271~~ of the Revised Code, an authorization shall	67934
be made on a form that uses language understandable to the average	67935
person and contains all of the following:	67936

(1) A description of the information to be used or disclosed	67937
that identifies the information in a specific and meaningful	67938
fashion;	67939

(2) The name or other specific identification of the person	67940
or class of persons authorized to make the requested use or	67941
disclosure;	67942

(3) The name or other specific identification of the person	67943
or governmental entity to which the information may be released;	67944

(4) A description of each purpose of the requested use or	67945
disclosure of the information;	67946

(5) The date on which the authorization expires or an event	67947
related either to the individual who is the subject of the request	67948
or to the purposes of the requested use or disclosure, the	67949
occurrence of which will cause the authorization to expire;	67950

(6) A statement that the information used or disclosed	67951
pursuant to the authorization may be disclosed by the recipient of	67952
the information and may no longer be protected from disclosure;	67953

(7) The signature of the individual or the individual's	67954
authorized representative and the date on which the authorization	67955
was signed;	67956

(8) If signed by an authorized representative, a description	67957
of the representative's authority to act for the individual;	67958

(9) A statement of the individual or authorized	67959
representative's right to prospectively revoke the written	67960
authorization in writing, along with one of the following:	67961

(a) A description of how the individual or authorized	67962
representative may revoke the authorization;	67963

(b) If the department of job and family services' privacy	67964
notice contains a description of how the individual or authorized	67965
representative may revoke the authorization, a reference to that	67966
privacy notice.	67967

(10) A statement that treatment, payment, enrollment, or	67968
eligibility for public assistance ~~or medical assistance~~ cannot be	67969
conditioned on signing the authorization unless the authorization	67970
is necessary for determining eligibility for the public assistance	67971
~~or medical assistance~~ program.	67972

(B) ~~An authorization for the release of information regarding~~	67973
~~a medical assistance recipient to the recipient's attorney under~~	67974
~~division (C)(3) of section 5101.271 of the Revised Code may~~	67975
~~include a provision specifically authorizing the release of the~~	67976
~~recipient's electronic health records, if any, in accordance with~~	67977
~~rules the director of job and family services adopts under section~~	67978
~~5101.30 of the Revised Code.~~	67979

~~(C)~~ When an individual requests information pursuant to	67980
section 5101.27 ~~or 5101.271~~ of the Revised Code regarding the	67981
individual's receipt of public assistance ~~or medical assistance~~	67982
and does not wish to provide a statement of purpose, the statement	67983
"at request of the individual" is a sufficient description for	67984
purposes of division (A)(4) of this section.	67985

Sec. 5101.273. The department of job and family services	67986
shall enter into any necessary agreements with the United States	67987
department of health and human services and neighboring states to	67988
join and participate as an active member in the public assistance	67989
reporting information system. The department may disclose	67990
information regarding a public assistance recipient ~~or medical~~	67991
~~assistance recipient~~ to the extent necessary to participate as an	67992
active member in the public assistance reporting information	67993
system.	67994

Sec. 5101.30. (A) The director of job and family services	67995
shall adopt rules in accordance with Chapter 119. of the Revised	67996
Code implementing sections 5101.26 to 5101.30 of the Revised Code	67997
and governing the custody, use, disclosure, and preservation of	67998
the information generated or received by the department of job and	67999
family services, county agencies, other state and county entities,	68000
contractors, grantees, private entities, or officials	68001
participating in the administration of public assistance or	68002
~~medical assistance~~ programs. The rules shall comply with	68003
applicable federal statutes and regulations.	68004

(1) The rules shall specify conditions and procedures for the	68005
release of information which may include, among other conditions	68006
and procedures, both of the following:	68007

(a) Permitting providers of services or assistance under	68008
public assistance programs limited access to information that is	68009
essential for the providers to render services or assistance or to	68010
bill for services or assistance rendered. The department of aging,	68011
when investigating a complaint under section 173.20 of the Revised	68012
Code, shall be granted any limited access permitted in the rules	68013
pursuant to division (A)(1) of this section.	68014

(b) Permitting a contractor, grantee, or other state or	68015
county entity limited access to information that is essential for	68016
the contractor, grantee, or entity to perform administrative or	68017
other duties on behalf of the department or county agency. A	68018
contractor, grantee, or entity given access to information	68019
pursuant to division (A)(2) of this section is bound by the	68020
director's rules, and disclosure of the information by the	68021
contractor, grantee, or entity in a manner not authorized by the	68022
rules is a violation of section 5101.27 of the Revised Code.	68023

(2) The rules may define who is an "authorized	68024
representative" for purposes of sections 5101.27~~, 5101.271,~~ and	68025
5101.272 of the Revised Code.	68026

(B) Whenever names, addresses, or other information relating	68027
to public assistance recipients is held by any agency other than	68028
the department or a county agency, that other agency shall adopt	68029
rules consistent with sections 5101.26 to 5101.30 of the Revised	68030
Code to prevent the publication or disclosure of names, lists, or	68031
other information concerning those recipients.	68032

Sec. 5101.34. (A) There is hereby created in the department	68033
of job and family services the Ohio commission on fatherhood. The	68034
commission shall consist of the following members:	68035

(1)(a) Four members of the house of representatives appointed	68036
by the speaker of the house, not more than two of whom are members	68037
of the same political party. Two of the members must be from	68038
legislative districts that include a county or part of a county	68039
that is among the one-third of counties in this state with the	68040
highest number per capita of households headed by females.	68041

(b) Two members of the senate appointed by the president of	68042
the senate, each from a different political party. One of the	68043
members must be from a legislative district that includes a county	68044
or part of a county that is among the one-third of counties in	68045
this state with the highest number per capita of households headed	68046
by females.	68047

(2) The governor, or the governor's designee;

68048

(3) One representative of the judicial branch of government	68049
appointed by the chief justice of the supreme court;	68050

(4) The directors of health, job and family services,	68051
rehabilitation and correction, ~~alcohol and drug addiction services~~	68052
mental health and addiction services, and youth services and the	68053
superintendent of public instruction, or their designees;	68054

(5) One representative of the Ohio family and children first	68055
cabinet council created under section 121.37 of the Revised Code	68056
appointed by the chairperson of the council;	68057

(6) Five representatives of the general public appointed by	68058
the governor. These members shall have extensive experience in	68059
issues related to fatherhood.	68060

(B) The appointing authorities of the Ohio commission on	68061
fatherhood shall make initial appointments to the commission	68062
within thirty days after September 29, 1999. Of the initial	68063
appointments to the commission made pursuant to divisions (A)(3),	68064
(5), and (6) of this section, three of the members shall serve a	68065
term of one year and four shall serve a term of two years. Members	68066
so appointed subsequently shall serve two-year terms. A member	68067
appointed pursuant to division (A)(1) of this section shall serve	68068
on the commission until the end of the general assembly from which	68069
the member was appointed or until the member ceases to serve in	68070
the chamber of the general assembly in which the member serves at	68071
the time of appointment, whichever occurs first. The governor or	68072
the governor's designee shall serve on the commission until the	68073
governor ceases to be governor. The directors and superintendent	68074
or their designees shall serve on the commission until they cease,	68075
or the director or superintendent a designee represents ceases, to	68076
be director or superintendent. Each member shall serve on the	68077
commission from the date of appointment until the end of the term	68078
for which the member was appointed. Members may be reappointed.	68079

Vacancies shall be filled in the manner provided for original	68080
appointments. Any member appointed to fill a vacancy occurring	68081
prior to the expiration date of the term for which the member's	68082
predecessor was appointed shall serve on the commission for the	68083
remainder of that term. A member shall continue to serve on the	68084
commission subsequent to the expiration date of the member's term	68085
until the member's successor is appointed or until a period of	68086
sixty days has elapsed, whichever occurs first. Members shall	68087
serve without compensation but shall be reimbursed for necessary	68088
expenses.	68089

Sec. 5101.35. (A) As used in this section:

68090

(1)(a) "Agency" means the following entities that administer	68091
a family services program:	68092

~~(a)~~(i) The department of job and family services;

68093

~~(b)~~(ii) A county department of job and family services;

68094

~~(c)~~(iii) A public children services agency;

68095

~~(d)~~(iv) A private or government entity administering, in	68096
whole or in part, a family services program for or on behalf of	68097
the department of job and family services or a county department	68098
of job and family services or public children services agency.	68099

(b) If the department of medicaid contracts with the	68100
department of job and family services to hear appeals authorized	68101
by section 5160.31 of the Revised Code regarding medical	68102
assistance programs, "agency" includes the department of medicaid.	68103

(2) "Appellant" means an applicant, participant, former	68104
participant, recipient, or former recipient of a family services	68105
program who is entitled by federal or state law to a hearing	68106
regarding a decision or order of the agency that administers the	68107
program.	68108

(3)(a) "Family services program" means ~~assistance provided~~	68109
~~under a~~all of the following:	68110

(i) A Title IV-A program as defined in section 5101.80 of the	68111
Revised Code or;	68112

(ii) Programs that provide assistance under Chapter 5104.,	68113
~~5111.,~~ or 5115. orof the Revised Code;	68114

(iii) Programs that provide assistance under section ~~5119.69,~~	68115
5101.141, ~~5101.46,~~ 5101.461, 5101.54, 5119.41, 5153.163, or	68116
5153.165 of the Revised Code,;	68117

(iv) Title XX social services provided under section 5101.46	68118
of the Revised Code, other than ~~assistance~~such services provided	68119
~~under section 5101.46 of the Revised Code~~ by the department of	68120
~~mental health~~mental health and addiction services, the department	68121
of developmental disabilities, a board of alcohol, drug addiction,	68122
and mental health services, or a county board of developmental	68123
disabilities.	68124

(b) If the department of medicaid contracts with the	68125
department of job and family services to hear appeals authorized	68126
by section 5160.31 of the Revised Code regarding medical	68127
assistance programs, "family services program" includes medical	68128
assistance programs.	68129

(4) "Medical assistance program" has the same meaning as in	68130
section 5160.01 of the Revised Code.	68131

(B) Except as provided by divisions (G) and (H) of this	68132
section, an appellant who appeals under federal or state law a	68133
decision or order of an agency administering a family services	68134
program shall, at the appellant's request, be granted a state	68135
hearing by the department of job and family services. This state	68136
hearing shall be conducted in accordance with rules adopted under	68137
this section. The state hearing shall be recorded, but neither the	68138
recording nor a transcript of the recording shall be part of the	68139
official record of the proceeding. AExcept as provided in section	68140
5160.31 of the Revised Code, a state hearing decision is binding	68141
upon the agency and department, unless it is reversed or modified	68142
on appeal to the director of job and family services or a court of	68143
common pleas.	68144

(C) Except as provided by division (G) of this section, an	68145
appellant who disagrees with a state hearing decision may make an	68146
administrative appeal to the director of job and family services	68147
in accordance with rules adopted under this section. This	68148
administrative appeal does not require a hearing, but the director	68149
or the director's designee shall review the state hearing decision	68150
and previous administrative action and may affirm, modify, remand,	68151
or reverse the state hearing decision. An administrative appeal	68152
decision is the final decision of the department and, except as	68153
provided in section 5160.31 of the Revised Code, is binding upon	68154
the department and agency, unless it is reversed or modified on	68155
appeal to the court of common pleas.	68156

(D) An agency shall comply with a decision issued pursuant to	68157
division (B) or (C) of this section within the time limits	68158
established by rules adopted under this section. If a county	68159
department of job and family services or a public children	68160
services agency fails to comply within these time limits, the	68161
department may take action pursuant to section 5101.24 of the	68162
Revised Code. If another agency, other than the department of	68163
medicaid, fails to comply within the time limits, the department	68164
may force compliance by withholding funds due the agency or	68165
imposing another sanction established by rules adopted under this	68166
section.	68167

(E) An appellant who disagrees with an administrative appeal	68168
decision of the director of job and family services or the	68169
director's designee issued under division (C) of this section may	68170
appeal from the decision to the court of common pleas pursuant to	68171
section 119.12 of the Revised Code. The appeal shall be governed	68172
by section 119.12 of the Revised Code except that:	68173

(1) The person may appeal to the court of common pleas of the	68174
county in which the person resides, or to the court of common	68175
pleas of Franklin county if the person does not reside in this	68176
state.	68177

(2) The person may apply to the court for designation as an	68178
indigent and, if the court grants this application, the appellant	68179
shall not be required to furnish the costs of the appeal.	68180

(3) The appellant shall mail the notice of appeal to the	68181
department of job and family services and file notice of appeal	68182
with the court within thirty days after the department mails the	68183
administrative appeal decision to the appellant. For good cause	68184
shown, the court may extend the time for mailing and filing notice	68185
of appeal, but such time shall not exceed six months from the date	68186
the department mails the administrative appeal decision. Filing	68187
notice of appeal with the court shall be the only act necessary to	68188
vest jurisdiction in the court.	68189

(4) The department shall be required to file a transcript of	68190
the testimony of the state hearing with the court only if the	68191
court orders the department to file the transcript. The court	68192
shall make such an order only if it finds that the department and	68193
the appellant are unable to stipulate to the facts of the case and	68194
that the transcript is essential to a determination of the appeal.	68195
The department shall file the transcript not later than thirty	68196
days after the day such an order is issued.	68197

(F) The department of job and family services shall adopt	68198
rules in accordance with Chapter 119. of the Revised Code to	68199
implement this section, including rules governing the following:	68200

(1) State hearings under division (B) of this section. The	68201
rules shall include provisions regarding notice of eligibility	68202
termination and the opportunity of an appellant appealing a	68203
decision or order of a county department of job and family	68204
services to request a county conference with the county department	68205
before the state hearing is held.	68206

(2) Administrative appeals under division (C) of this	68207
section;	68208

(3) Time limits for complying with a decision issued under	68209
division (B) or (C) of this section;	68210

(4) Sanctions that may be applied against an agency under	68211
division (D) of this section.	68212

(G) The department of job and family services may adopt rules	68213
in accordance with Chapter 119. of the Revised Code establishing	68214
an appeals process for an appellant who appeals a decision or	68215
order regarding a Title IV-A program identified under division	68216
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	68217
that is different from the appeals process established by this	68218
section. The different appeals process may include having a state	68219
agency that administers the Title IV-A program pursuant to an	68220
interagency agreement entered into under section 5101.801 of the	68221
Revised Code administer the appeals process.	68222

(H) If an appellant receiving medicaid through a health	68223
insuring corporation that holds a certificate of authority under	68224
Chapter 1751. of the Revised Code is appealing a denial of	68225
medicaid services based on lack of medical necessity or other	68226
clinical issues regarding coverage by the health insuring	68227
corporation, the person hearing the appeal may order an	68228
independent medical review if that person determines that a review	68229
is necessary. The review shall be performed by a health care	68230
professional with appropriate clinical expertise in treating the	68231
recipient's condition or disease. The department shall pay the	68232
costs associated with the review.	68233

A review ordered under this division shall be part of the	68234
record of the hearing and shall be given appropriate evidentiary	68235
consideration by the person hearing the appeal.	68236

(I) The requirements of Chapter 119. of the Revised Code	68237
apply to a state hearing or administrative appeal under this	68238
section only to the extent, if any, specifically provided by rules	68239
adopted under this section.	68240

Sec. 5101.36. Any application for public assistance gives a	68241
right of subrogation to the department of job and family services	68242
for any workers' compensation benefits payable to a person who is	68243
subject to a support order, as defined in section 3119.01 of the	68244
Revised Code, on behalf of the applicant, to the extent of any	68245
public assistance payments made on the applicant's behalf. If the	68246
director of job and family services, in consultation with a child	68247
support enforcement agency and the administrator of the bureau of	68248
workers' compensation, determines that a person responsible for	68249
support payments to a recipient of public assistance is receiving	68250
workers' compensation, the director shall notify the administrator	68251
of the amount of the benefit to be paid to the department of job	68252
and family services.	68253

For purposes of this section, "public assistance" means	68254
~~medical assistance provided through the medical assistance program~~	68255
~~established under section 5111.01 of the Revised Code;~~ Ohio works	68256
first provided under Chapter 5107. of the Revised Code;	68257
prevention, retention, and contingency benefits and services	68258
provided under Chapter 5108. of the Revised Code; or disability	68259
financial assistance provided under Chapter 5115. of the Revised	68260
Code.	68261

Sec. 5101.46. (A) As used in this section:

68262

(1) "Title XX" means Title XX of the "Social Security Act,"	68263
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	68264

(2) "Respective local agency" means, with respect to the	68265
department of job and family services, a county department of job	68266
and family services; with respect to the department of ~~mental~~	68267
~~health~~mental health and addiction services, a board of alcohol,	68268
drug addiction, and mental health services; and with respect to	68269
the department of developmental disabilities, a county board of	68270
developmental disabilities.	68271

(3) "Federal poverty guidelines" means the poverty guidelines	68272
as revised annually by the United States department of health and	68273
human services in accordance with section 673(2) of the "Omnibus	68274
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	68275
9902, as amended, for a family size equal to the size of the	68276
family of the person whose income is being determined.	68277

(B) The departments of job and family services, mental	68278
health, and developmental disabilities, with their respective	68279
local agencies, shall administer the provision of social services	68280
funded through grants made under Title XX. The social services	68281
furnished with Title XX funds shall be directed at the following	68282
goals:	68283

(1) Achieving or maintaining economic self-support to	68284
prevent, reduce, or eliminate dependency;	68285

(2) Achieving or maintaining self-sufficiency, including	68286
reduction or prevention of dependency;	68287

(3) Preventing or remedying neglect, abuse, or exploitation	68288
of children and adults unable to protect their own interests, or	68289
preserving, rehabilitating, or reuniting families;	68290

(4) Preventing or reducing inappropriate institutional care	68291
by providing for community-based care, home-based care, or other	68292
forms of less intensive care;	68293

(5) Securing referral or admission for institutional care	68294
when other forms of care are not appropriate, or providing	68295
services to individuals in institutions.	68296

(C)(1) All federal funds received under Title XX shall be	68297
appropriated as follows:	68298

(a) Seventy-two and one-half per cent to the department of	68299
job and family services;	68300

(b) Twelve and ninety-three one-hundredths per cent to the	68301
department of ~~mental health~~mental health and addiction services;	68302

(c) Fourteen and fifty-seven one-hundredths per cent to the	68303
department of developmental disabilities.	68304

(2) Each of the state departments shall, subject to the	68305
approval of the controlling board, develop a formula for the	68306
distribution of the Title XX funds appropriated to the department	68307
to its respective local agencies. The formula developed by each	68308
state department shall take into account all of the following for	68309
each of its respective local agencies:	68310

(a) The total population of the area that is served by the	68311
respective local agency;	68312

(b) The percentage of the population in the area served that	68313
falls below the federal poverty guidelines;	68314

(c) The respective local agency's history of and ability to	68315
utilize Title XX funds.	68316

(3) Each of the state departments shall expend for state	68317
administrative costs not more than three per cent of the Title XX	68318
funds appropriated to the department.	68319

Each state department shall establish for each of its	68320
respective local agencies the maximum percentage of the Title XX	68321
funds distributed to the respective local agency that the	68322
respective local agency may expend for local administrative costs.	68323
The percentage shall be established by rule and shall comply with	68324
federal law governing the use of Title XX funds. The rules shall	68325
be adopted in accordance with section 111.15 of the Revised Code	68326
as if they were internal management rules.	68327

(4) The department of job and family services shall expend	68328
for the training of the following not more than two per cent of	68329
the Title XX funds appropriated to the department:	68330

(a) Employees of county departments of job and family	68331
services;	68332

(b) Providers of services under contract with the state	68333
departments' respective local agencies;	68334

(c) Employees of a public children services agency directly	68335
engaged in providing Title XX services.	68336

(D) The department of job and family services shall prepare	68337
an annual comprehensive Title XX social services plan on the	68338
intended use of Title XX funds. The department shall develop a	68339
method for obtaining public comment during the development of the	68340
plan and following its completion.	68341

For each federal fiscal year, the department of job and	68342
family services shall prepare a report on the actual use of Title	68343
XX funds. The department shall make the annual report available	68344
for public inspection.	68345

The departments of ~~mental health~~mental health and addiction	68346
services and developmental disabilities shall prepare and submit	68347
to the department of job and family services the portions of each	68348
annual plan and report that apply to services for mental health	68349
and mental retardation and developmental disabilities. Each	68350
respective local agency of the three state departments shall	68351
submit information as necessary for the preparation of annual	68352
plans and reports.	68353

(E) Each county department of job and family services shall	68354
adopt a county profile for the administration and provision of	68355
Title XX social services in the county. In developing its county	68356
profile, the county department shall take into consideration the	68357
comments and recommendations received from the public by the	68358
county family services planning committee pursuant to section	68359
329.06 of the Revised Code. As part of its preparation of the	68360
county profile, the county department may prepare a local needs	68361
report analyzing the need for Title XX social services.	68362

The county department shall submit the county profile to the	68363
board of county commissioners for its review. Once the county	68364
profile has been approved by the board, the county department	68365
shall file a copy of the county profile with the department of job	68366
and family services. The department shall approve the county	68367
profile if the department determines the profile provides for the	68368
Title XX social services to meet the goals specified in division	68369
(B) of this section.	68370

(F) Any of the three state departments and their respective	68371
local agencies may require that an entity under contract to	68372
provide social services with Title XX funds submit to an audit on	68373
the basis of alleged misuse or improper accounting of funds. If an	68374
audit is required, the social services provider shall reimburse	68375
the state department or respective local agency for the cost it	68376
incurred in conducting the audit or having the audit conducted.	68377

If an audit demonstrates that a social services provider is	68378
responsible for one or more adverse findings, the provider shall	68379
reimburse the appropriate state department or its respective local	68380
agency the amount of the adverse findings. The amount shall not be	68381
reimbursed with Title XX funds received under this section. The	68382
three state departments and their respective local agencies may	68383
terminate or refuse to enter into a Title XX contract with a	68384
social services provider if there are adverse findings in an audit	68385
that are the responsibility of the provider.	68386

(G) Except with respect to the matters for which each of the	68387
state departments must adopt rules under division (C)(3) of this	68388
section, the department of job and family services may adopt any	68389
rules it considers necessary to implement and carry out the	68390
purposes of this section. Rules governing financial and	68391
operational matters of the department or matters between the	68392
department and county departments of job and family services shall	68393
be adopted as internal management rules in accordance with section	68394
111.15 of the Revised Code. Rules governing eligibility for	68395
services, program participation, and other matters pertaining to	68396
applicants and participants shall be adopted in accordance with	68397
Chapter 119. of the Revised Code.	68398

Sec. 5101.47. (A) Except as provided in divisions (B) and	68399
(C) of this section, the department of job and family services may	68400
accept applications, determine eligibility, redetermine	68401
eligibility, and perform related administrative activities for one	68402
or more of the following:	68403

(1) ~~The medicaid program established by Chapter 5111. of the~~	68404
~~Revised Code;~~	68405

~~(2) The children's health insurance program parts I, II, and~~	68406
~~III provided for under sections 5101.50 to 5101.529 of the Revised~~	68407
~~Code;~~	68408

~~(3)~~ Publicly funded child care provided under Chapter 5104.	68409
of the Revised Code;	68410

~~(4)~~(2) The supplemental nutrition assistance program	68411
administered by the department pursuant to section 5101.54 of the	68412
Revised Code;	68413

~~(5)~~(3) Other programs administered by the department that the	68414
director of job and family services determines are supportive of	68415
children, adults, or families;	68416

~~(6)~~(4) Other programs administered by the department	68417
regarding which the director determines administrative cost	68418
savings and efficiency may be achieved through the department	68419
accepting applications, determining eligibility, redetermining	68420
eligibility, or performing related administrative activities.	68421

(B) ~~To the extent permitted by federal law, the department~~	68422
~~may enter into agreements with one or more other state agencies,~~	68423
~~local government entities, or political subdivisions to accept~~	68424
~~applications, determine eligibility, redetermine eligibility, and~~	68425
~~perform related administrative activities on behalf of the~~	68426
~~department with respect to the medicaid program and the children's~~	68427
~~health insurance program.~~	68428

~~(C)~~ If federal law requires a face-to-face interview to	68429
complete an eligibility determination for a program specified in	68430
or pursuant to division (A) of this section, the face-to-face	68431
interview shall not be conducted by the department of job and	68432
family services.	68433

~~(D)~~(C) Subject to division ~~(C)~~(B) of this section, if the	68434
department elects to accept applications, determine eligibility,	68435
redetermine eligibility, and perform related administrative	68436
activities for a program specified in or pursuant to division (A)	68437
of this section, both of the following apply:	68438

(1) An individual seeking services under the program may	68439
apply for the program to the department or to the entity that	68440
state law governing the program authorizes to accept applications	68441
for the program.	68442

(2) The department is subject to federal statutes and	68443
regulations and state statutes and rules that require, permit, or	68444
prohibit an action regarding accepting applications, determining	68445
or redetermining eligibility, and performing related	68446
administrative activities for the program.	68447

~~(E)~~(D) The director may adopt rules as necessary to implement	68448
this section.	68449

Sec. 5101.49. The department of job and family services	68450
shall administer funds received under the "Refugee Act of 1980,"	68451
94 Stat. 102, 8 U.S.C.A. 1521, as amended. In administering the	68452
funds, the department may establish a refugee cash assistance	68453
program and a state legalization impact assistance program. The	68454
director of job and family services may adopt rules in accordance	68455
with section 111.15 of the Revised Code and issue appropriate	68456
orders as necessary for administration of these funds and	68457
programs.	68458

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	68459
Revised Code:	68460

(A) "Abuse" means the infliction upon an adult by self or	68461
others of injury, unreasonable confinement, intimidation, or cruel	68462
punishment with resulting physical harm, pain, or mental anguish.	68463

(B) "Adult" means any person sixty years of age or older	68464
within this state who is handicapped by the infirmities of aging	68465
or who has a physical or mental impairment which prevents the	68466
person from providing for the person's own care or protection, and	68467
who resides in an independent living arrangement. An "independent	68468
living arrangement" is a domicile of a person's own choosing,	68469
including, but not limited to, a private home, apartment, trailer,	68470
or rooming house. An "independent living arrangement" includes a	68471
residential facility licensed under section ~~5119.22~~5119.34 of the	68472
Revised Code that provides accommodations, supervision, and	68473
personal care services for three to sixteen unrelated adults, but	68474
does not include other institutions or facilities licensed by the	68475
state or facilities in which a person resides as a result of	68476
voluntary, civil, or criminal commitment.	68477

(C) "Caretaker" means the person assuming the responsibility	68478
for the care of an adult on a voluntary basis, by contract,	68479
through receipt of payment for care, as a result of a family	68480
relationship, or by order of a court of competent jurisdiction.	68481

(D) "Court" means the probate court in the county where an	68482
adult resides.	68483

(E) "Emergency" means that the adult is living in conditions	68484
which present a substantial risk of immediate and irreparable	68485
physical harm or death to self or any other person.	68486

(F) "Emergency services" means protective services furnished	68487
to an adult in an emergency.	68488

(G) "Exploitation" means the unlawful or improper act of a	68489
caretaker using an adult or an adult's resources for monetary or	68490
personal benefit, profit, or gain.	68491

(H) "In need of protective services" means an adult known or	68492
suspected to be suffering from abuse, neglect, or exploitation to	68493
an extent that either life is endangered or physical harm, mental	68494
anguish, or mental illness results or is likely to result.	68495

(I) "Incapacitated person" means a person who is impaired for	68496
any reason to the extent that the person lacks sufficient	68497
understanding or capacity to make and carry out reasonable	68498
decisions concerning the person's self or resources, with or	68499
without the assistance of a caretaker. Refusal to consent to the	68500
provision of services shall not be the sole determinative that the	68501
person is incapacitated. "Reasonable decisions" are decisions made	68502
in daily living which facilitate the provision of food, shelter,	68503
clothing, and health care necessary for life support.	68504

(J) "Mental illness" means a substantial disorder of thought,	68505
mood, perception, orientation, or memory that grossly impairs	68506
judgment, behavior, capacity to recognize reality, or ability to	68507
meet the ordinary demands of life.	68508

(K) "Neglect" means the failure of an adult to provide for	68509
self the goods or services necessary to avoid physical harm,	68510
mental anguish, or mental illness or the failure of a caretaker to	68511
provide such goods or services.	68512

(L) "Peace officer" means a peace officer as defined in	68513
section 2935.01 of the Revised Code.	68514

(M) "Physical harm" means bodily pain, injury, impairment, or	68515
disease suffered by an adult.	68516

(N) "Protective services" means services provided by the	68517
county department of job and family services or its designated	68518
agency to an adult who has been determined by evaluation to	68519
require such services for the prevention, correction, or	68520
discontinuance of an act of as well as conditions resulting from	68521
abuse, neglect, or exploitation. Protective services may include,	68522
but are not limited to, case work services, medical care, mental	68523
health services, legal services, fiscal management, home health	68524
care, homemaker services, housing-related services, guardianship	68525
services, and placement services as well as the provision of such	68526
commodities as food, clothing, and shelter.	68527

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	68528
and Friday, except when such day is a holiday as defined in	68529
section 1.14 of the Revised Code.	68530

Sec. 5101.61. (A) As used in this section:

68531

(1) "Senior service provider" means any person who provides	68532
care or services to a person who is an adult as defined in	68533
division (B) of section 5101.60 of the Revised Code.	68534

(2) "Ambulatory health facility" means a nonprofit, public or	68535
proprietary freestanding organization or a unit of such an agency	68536
or organization that:	68537

(a) Provides preventive, diagnostic, therapeutic,	68538
rehabilitative, or palliative items or services furnished to an	68539
outpatient or ambulatory patient, by or under the direction of a	68540
physician or dentist in a facility which is not a part of a	68541
hospital, but which is organized and operated to provide medical	68542
care to outpatients;	68543

(b) Has health and medical care policies which are developed	68544
with the advice of, and with the provision of review of such	68545
policies, an advisory committee of professional personnel,	68546
including one or more physicians, one or more dentists, if dental	68547
care is provided, and one or more registered nurses;	68548

(c) Has a medical director, a dental director, if dental care	68549
is provided, and a nursing director responsible for the execution	68550
of such policies, and has physicians, dentists, nursing, and	68551
ancillary staff appropriate to the scope of services provided;	68552

(d) Requires that the health care and medical care of every	68553
patient be under the supervision of a physician, provides for	68554
medical care in a case of emergency, has in effect a written	68555
agreement with one or more hospitals and other centers or clinics,	68556
and has an established patient referral system to other resources,	68557
and a utilization review plan and program;	68558

(e) Maintains clinical records on all patients;

68559

(f) Provides nursing services and other therapeutic services	68560
in accordance with programs and policies, with such services	68561
supervised by a registered professional nurse, and has a	68562
registered professional nurse on duty at all times of clinical	68563
operations;	68564

(g) Provides approved methods and procedures for the	68565
dispensing and administration of drugs and biologicals;	68566

(h) Has established an accounting and record keeping system	68567
to determine reasonable and allowable costs;	68568

(i) "Ambulatory health facilities" also includes an	68569
alcoholism treatment facility approved by the joint commission on	68570
accreditation of healthcare organizations as an alcoholism	68571
treatment facility or certified by the department of ~~alcohol and~~	68572
~~drug addiction services~~mental health and addiction services, and	68573
such facility shall comply with other provisions of this division	68574
not inconsistent with such accreditation or certification.	68575

(3) "Community mental health facility" means a facility which	68576
provides community mental health services and is included in the	68577
comprehensive mental health plan for the alcohol, drug addiction,	68578
and mental health service district in which it is located.	68579

(4) "Community mental health service" means services, other	68580
than inpatient services, provided by a community mental health	68581
facility.	68582

(5) "Home health agency" means an institution or a distinct	68583
part of an institution operated in this state which:	68584

(a) Is primarily engaged in providing home health services;

68585

(b) Has home health policies which are established by a group	68586
of professional personnel, including one or more duly licensed	68587
doctors of medicine or osteopathy and one or more registered	68588
professional nurses, to govern the home health services it	68589
provides and which includes a requirement that every patient must	68590
be under the care of a duly licensed doctor of medicine or	68591
osteopathy;	68592

(c) Is under the supervision of a duly licensed doctor of	68593
medicine or doctor of osteopathy or a registered professional	68594
nurse who is responsible for the execution of such home health	68595
policies;	68596

(d) Maintains comprehensive records on all patients;

68597

(e) Is operated by the state, a political subdivision, or an	68598
agency of either, or is operated not for profit in this state and	68599
is licensed or registered, if required, pursuant to law by the	68600
appropriate department of the state, county, or municipality in	68601
which it furnishes services; or is operated for profit in this	68602
state, meets all the requirements specified in divisions (A)(5)(a)	68603
to (d) of this section, and is certified under Title XVIII of the	68604
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	68605
amended.	68606

(6) "Home health service" means the following items and	68607
services, provided, except as provided in division (A)(6)(g) of	68608
this section, on a visiting basis in a place of residence used as	68609
the patient's home:	68610

(a) Nursing care provided by or under the supervision of a	68611
registered professional nurse;	68612

(b) Physical, occupational, or speech therapy ordered by the	68613
patient's attending physician;	68614

(c) Medical social services performed by or under the	68615
supervision of a qualified medical or psychiatric social worker	68616
and under the direction of the patient's attending physician;	68617

(d) Personal health care of the patient performed by aides in	68618
accordance with the orders of a doctor of medicine or osteopathy	68619
and under the supervision of a registered professional nurse;	68620

(e) Medical supplies and the use of medical appliances;

68621

(f) Medical services of interns and residents-in-training	68622
under an approved teaching program of a nonprofit hospital and	68623
under the direction and supervision of the patient's attending	68624
physician;	68625

(g) Any of the foregoing items and services which:

68626

(i) Are provided on an outpatient basis under arrangements	68627
made by the home health agency at a hospital or skilled nursing	68628
facility;	68629

(ii) Involve the use of equipment of such a nature that the	68630
items and services cannot readily be made available to the patient	68631
in the patient's place of residence, or which are furnished at the	68632
hospital or skilled nursing facility while the patient is there to	68633
receive any item or service involving the use of such equipment.	68634

Any attorney, physician, osteopath, podiatrist, chiropractor,	68635
dentist, psychologist, any employee of a hospital as defined in	68636
section 3701.01 of the Revised Code, any nurse licensed under	68637
Chapter 4723. of the Revised Code, any employee of an ambulatory	68638
health facility, any employee of a home health agency, any	68639
employee of a residential facility licensed under section ~~5119.22~~	68640
5119.34 of the Revised Code that provides accommodations,	68641
supervision, and personal care services for three to sixteen	68642
unrelated adults, any employee of a nursing home, residential care	68643
facility, or home for the aging, as defined in section 3721.01 of	68644
the Revised Code, any senior service provider, any peace officer,	68645
coroner, member of the clergy, any employee of a community mental	68646
health facility, and any person engaged in social work or	68647
counseling having reasonable cause to believe that an adult is	68648
being abused, neglected, or exploited, or is in a condition which	68649
is the result of abuse, neglect, or exploitation shall immediately	68650
report such belief to the county department of job and family	68651
services. This section does not apply to employees of any hospital	68652
or public hospital as defined in section 5122.01 of the Revised	68653
Code.	68654

(B) Any person having reasonable cause to believe that an	68655
adult has suffered abuse, neglect, or exploitation may report, or	68656
cause reports to be made of such belief to the department.	68657

(C) The reports made under this section shall be made orally	68658
or in writing except that oral reports shall be followed by a	68659
written report if a written report is requested by the department.	68660
Written reports shall include:	68661

(1) The name, address, and approximate age of the adult who	68662
is the subject of the report;	68663

(2) The name and address of the individual responsible for	68664
the adult's care, if any individual is, and if the individual is	68665
known;	68666

(3) The nature and extent of the alleged abuse, neglect, or	68667
exploitation of the adult;	68668

(4) The basis of the reporter's belief that the adult has	68669
been abused, neglected, or exploited.	68670

(D) Any person with reasonable cause to believe that an adult	68671
is suffering abuse, neglect, or exploitation who makes a report	68672
pursuant to this section or who testifies in any administrative or	68673
judicial proceeding arising from such a report, or any employee of	68674
the state or any of its subdivisions who is discharging	68675
responsibilities under section 5101.62 of the Revised Code shall	68676
be immune from civil or criminal liability on account of such	68677
investigation, report, or testimony, except liability for perjury,	68678
unless the person has acted in bad faith or with malicious	68679
purpose.	68680

(E) No employer or any other person with the authority to do	68681
so shall discharge, demote, transfer, prepare a negative work	68682
performance evaluation, or reduce benefits, pay, or work	68683
privileges, or take any other action detrimental to an employee or	68684
in any way retaliate against an employee as a result of the	68685
employee's having filed a report under this section.	68686

(F) Neither the written or oral report provided for in this	68687
section nor the investigatory report provided for in section	68688
5101.62 of the Revised Code shall be considered a public record as	68689
defined in section 149.43 of the Revised Code. Information	68690
contained in the report shall upon request be made available to	68691
the adult who is the subject of the report, to agencies authorized	68692
by the department to receive information contained in the report,	68693
and to legal counsel for the adult.	68694

Sec. 5103.02. As used in sections 5103.03 to 5103.17 of the	68695
Revised Code:	68696

(A) "Association" or "institution" includes any incorporated	68697
or unincorporated organization, society, association, or agency,	68698
public or private, that receives or cares for children for two or	68699
more consecutive weeks; any individual, including the operator of	68700
a foster home, who, for hire, gain, or reward, receives or cares	68701
for children for two or more consecutive weeks, unless the	68702
individual is related to them by blood or marriage; and any	68703
individual not in the regular employ of a court, or of an	68704
institution or association certified in accordance with section	68705
5103.03 of the Revised Code, who in any manner becomes a party to	68706
the placing of children in foster homes, unless the individual is	68707
related to such children by blood or marriage, or is the appointed	68708
guardian of such children; provided, that any organization,	68709
society, association, school, agency, child guidance center,	68710
detention or rehabilitation facility, or children's clinic	68711
licensed, regulated, approved, operated under the direction of, or	68712
otherwise certified by the department of education, a local board	68713
of education, the department of youth services, the department of	68714
~~mental health~~mental health and addiction services, or the	68715
department of developmental disabilities, or any individual who	68716
provides care for only a single-family group, placed there by	68717
their parents or other relative having custody, shall not be	68718
considered as being within the purview of these sections.	68719

(B) "Family foster home" means a foster home that is not a	68720
specialized foster home.	68721

(C) "Foster caregiver" means a person holding a valid foster	68722
home certificate issued under section 5103.03 of the Revised Code.	68723

(D) "Foster home" means a private residence in which children	68724
are received apart from their parents, guardian, or legal	68725
custodian, by an individual reimbursed for providing the children	68726
nonsecure care, supervision, or training twenty-four hours a day.	68727
"Foster home" does not include care provided for a child in the	68728
home of a person other than the child's parent, guardian, or legal	68729
custodian while the parent, guardian, or legal custodian is	68730
temporarily away. Family foster homes and specialized foster homes	68731
are types of foster homes.	68732

(E) "Medically fragile foster home" means a foster home that	68733
provides specialized medical services designed to meet the needs	68734
of children with intensive health care needs who meet all of the	68735
following criteria:	68736

(1) Under rules adopted by the ~~department of job and family~~	68737
~~services~~medicaid director governing ~~payment under Chapter 5111.~~	68738
~~of the Revised Code~~medicaid payments for long-term care	68739
services, the children require a skilled level of care.	68740

(2) The children require the services of a doctor of medicine	68741
or osteopathic medicine at least once a week due to the	68742
instability of their medical conditions.	68743

(3) The children require the services of a registered nurse	68744
on a daily basis.	68745

(4) The children are at risk of institutionalization in a	68746
hospital, skilled nursing facility, or intermediate care facility	68747
for ~~the mentally retarded~~individuals with intellectual	68748
disabilities.	68749

(F) "Recommending agency" means a public children services	68750
agency, private child placing agency, or private noncustodial	68751
agency that recommends that the department of job and family	68752
services take any of the following actions under section 5103.03	68753
of the Revised Code regarding a foster home:	68754

(1) Issue a certificate;

68755

(2) Deny a certificate;

68756

(3) Renew a certificate;

68757

(4) Deny renewal of a certificate;

68758

(5) Revoke a certificate.

68759

(G) "Specialized foster home" means a medically fragile	68760
foster home or a treatment foster home.	68761

(H) "Treatment foster home" means a foster home that	68762
incorporates special rehabilitative services designed to treat the	68763
specific needs of the children received in the foster home and	68764
that receives and cares for children who are emotionally or	68765
behaviorally disturbed, chemically dependent, mentally retarded,	68766
developmentally disabled, or who otherwise have exceptional needs.	68767

Sec. 5103.0323. (A) As used in this section, ~~"government~~	68768
~~auditing standards" means the government auditing standards~~	68769
~~published by the comptroller general of the United States general~~	68770
~~accounting office~~"American institute of certified public	68771
accountants auditing standards" and "AICPA auditing standards"	68772
mean the auditing standards published by the American institute of	68773
certified public accountants.	68774

(B) The first time that a private child placing agency or	68775
private noncustodial agency seeks renewal of a certificate issued	68776
under section 5103.03 of the Revised Code, it shall provide the	68777
department of job and family services, as a condition of renewal,	68778
evidence of an independent financial statement audit ~~of its first~~	68779
~~year of certification, unless the auditor of state has audited the~~	68780
~~agency during that year and the audit sets forth that no money has~~	68781
~~been illegally expended, converted, misappropriated, or is~~	68782
~~unaccounted for or sets forth findings that are inconsequential,~~	68783
~~as defined by government~~performed by a licensed public accounting	68784
firm following applicable AICPA auditing standards for the most	68785
recent fiscal year. Thereafter, when an agency seeks renewal of	68786
its certificate, it shall provide the department evidence of an	68787
independent financial statement audit performed by a licensed	68788
public accounting firm following applicable AICPA auditing	68789
standards for the two most recent previous fiscal years it is	68790
possible for an independent audit to have been conducted~~, unless~~	68791
~~the auditor of state has audited the agency during those years and~~	68792
~~the audit sets forth that no money has been illegally expended,~~	68793
~~converted, misappropriated, or is unaccounted for or sets forth~~	68794
~~findings that are inconsequential, as defined by government~~	68795
~~auditing standards~~.	68796

(C) For an agency to be eligible for renewal, the independent	68797
audits must demonstrate that the agency operated in a fiscally	68798
accountable manner ~~in accordance with state laws and rules and any~~	68799
~~agreement between the agency and a public children services~~	68800
~~agency.~~	68801

~~All audits required by this section shall be conducted in~~	68802
~~accordance with generally accepted government auditing standards~~	68803
as determined by the department of job and family services.	68804

(D) The director of job and family services may adopt rules	68805
as necessary to implement this section. The director shall adopt	68806
the rules in accordance with section 111.15 of the Revised Code.	68807

Sec. 5103.13. (A) As used in this section and section	68808
5103.131 of the Revised Code:	68809

(1)(a) "Children's crisis care facility" means a facility	68810
that has as its primary purpose the provision of residential and	68811
other care to either or both of the following:	68812

(i) One or more preteens voluntarily placed in the facility	68813
by the preteen's parent or other caretaker who is facing a crisis	68814
that causes the parent or other caretaker to seek temporary care	68815
for the preteen and referral for support services;	68816

(ii) One or more preteens placed in the facility by a public	68817
children services agency or private child placing agency that has	68818
legal custody or permanent custody of the preteen and determines	68819
that an emergency situation exists necessitating the preteen's	68820
placement in the facility rather than an institution certified	68821
under section 5103.03 of the Revised Code or elsewhere.	68822

(b) "Children's crisis care facility" does not include either	68823
of the following:	68824

(i) Any organization, society, association, school, agency,	68825
child guidance center, detention or rehabilitation facility, or	68826
children's clinic licensed, regulated, approved, operated under	68827
the direction of, or otherwise certified by the department of	68828
education, a local board of education, the department of youth	68829
services, the department of ~~mental health~~mental health and	68830
addiction services, or the department of developmental	68831
disabilities;	68832

(ii) Any individual who provides care for only a	68833
single-family group, placed there by their parents or other	68834
relative having custody.	68835

(2) "Legal custody" and "permanent custody" have the same	68836
meanings as in section 2151.011 of the Revised Code.	68837

(3) "Preteen" means an individual under thirteen years of	68838
age.	68839

(B) No person shall operate a children's crisis care facility	68840
or hold a children's crisis care facility out as a certified	68841
children's crisis care facility unless there is a valid children's	68842
crisis care facility certificate issued under this section for the	68843
facility.	68844

(C) A person seeking to operate a children's crisis care	68845
facility shall apply to the director of job and family services to	68846
obtain a certificate for the facility. The director shall certify	68847
the person's children's crisis care facility if the facility meets	68848
all of the certification standards established in rules adopted	68849
under division (F) of this section and the person complies with	68850
all of the rules governing the certification of children's crisis	68851
care facilities adopted under that division. The issuance of a	68852
children's crisis care facility certificate does not exempt the	68853
facility from a requirement to obtain another certificate or	68854
license mandated by law.	68855

(D)(1) No certified children's crisis care facility shall do	68856
any of the following:	68857

(a) Provide residential care to a preteen for more than one	68858
hundred twenty days in a calendar year;	68859

(b) Subject to division (D)(1)(c) of this section and except	68860
as provided in division (D)(2) of this section, provide	68861
residential care to a preteen for more than sixty consecutive	68862
days;	68863

(c) Except as provided in division (D)(3) of this section,	68864
provide residential care to a preteen for more than seventy-two	68865
consecutive hours if a public children services agency or private	68866
child placing agency placed the preteen in the facility;	68867

(d) Fail to comply with section 2151.86 of the Revised Code.

68868

(2) A certified children's crisis care facility may provide	68869
residential care to a preteen for up to ninety consecutive days,	68870
other than a preteen placed in the facility by a public children	68871
services agency or private child placing agency, if any of the	68872
following are the case:	68873

(a) The preteen's parent or other caretaker is enrolled in an	68874
alcohol and drug addiction ~~program certified under section 3793.06~~	68875
~~of the Revised Code~~service or a community mental health service	68876
certified under section ~~5119.611~~5119.36 of the Revised Code;	68877

(b) The preteen's parent or other caretaker is an inpatient	68878
in a hospital;	68879

68880

(d) A physician has diagnosed the preteen's parent or other	68881
caretaker as medically incapacitated.	68882

(3) A certified children's crisis care facility may provide	68883
residential care to a preteen placed in the facility by a public	68884
children services agency or private child placing agency for more	68885
than seventy-two consecutive hours if the director of job and	68886
family services or the director's designee issues the agency a	68887
waiver of the seventy-two consecutive hour limitation. The waiver	68888
may authorize the certified children's crisis care facility to	68889
provide residential care to the preteen for up to fourteen	68890
consecutive days.	68891

(E) The director of job and family services may suspend or	68892
revoke a children's crisis care facility's certificate pursuant to	68893
Chapter 119. of the Revised Code if the facility violates division	68894
(D) of this section or ceases to meet any of the certification	68895
standards established in rules adopted under division (F) of this	68896
section or the facility's operator ceases to comply with any of	68897
the rules governing the certification of children's crisis care	68898
facilities adopted under that division.	68899

(F) Not later than ninety days after September 21, 2006, the	68900
director of job and family services shall adopt rules pursuant to	68901
Chapter 119. of the Revised Code for the certification of	68902
children's crisis care facilities. The rules shall specify that a	68903
certificate shall not be issued to an applicant if the conditions	68904
at the children's crisis care facility would jeopardize the health	68905
or safety of the preteens placed in the facility.	68906

Sec. 5103.42. Prior to the beginning of the fiscal biennium	68907
that first follows October 5, 2000, the public children services	68908
agencies of Athens, Cuyahoga, Franklin, Greene, Guernsey,	68909
~~Hamilton,~~ Lucas, and Summit counties shall each establish and	68910
maintain a regional training center. Prior to the beginning of the	68911
fiscal biennium that first follows the effective date of this	68912
amendment, the public children services agency of Butler county	68913
shall establish and maintain a regional training center. At any	68914
time after the beginning of ~~that~~the specified biennium, the	68915
department of job and family services, on the recommendation of	68916
the Ohio child welfare training program steering committee, may	68917
direct a public children services agency to establish and maintain	68918
a training center to replace the center established by an agency	68919
under this section. There may be no more and no less than eight	68920
centers in existence at any time. The department may make a grant	68921
to a public children services agency that establishes and	68922
maintains a regional training center under this section for the	68923
purpose of wholly or partially subsidizing the operation of the	68924
center. The department shall specify in the grant all of the	68925
center's duties, including the duties specified in section	68926
5103.422 of the Revised Code.	68927

The regional training center established by the public	68928
children services agency of Butler county under this section	68929
replaces the regional training center previously established by	68930
the public children services agency of Hamilton county under this	68931
section.	68932

Sec. 5104.012. (A)(1) At the times specified in this	68933
division, the administrator of a child day-care center or a type A	68934
family day-care home shall request the superintendent of the	68935
bureau of criminal identification and investigation to conduct a	68936
criminal records check with respect to any applicant who has	68937
applied to the center or type A home for employment as a person	68938
responsible for the care, custody, or control of a child.	68939

The administrator shall request a criminal records check	68940
pursuant to this division at the time of the applicant's initial	68941
application for employment and every ~~four~~five years thereafter.	68942
When the administrator requests pursuant to this division a	68943
criminal records check for an applicant at the time of the	68944
applicant's initial application for employment, the administrator	68945
shall request that the superintendent obtain information from the	68946
federal bureau of investigation as a part of the criminal records	68947
check for the applicant, including fingerprint-based checks of	68948
national crime information databases as described in 42 U.S.C.	68949
671, for the person subject to the criminal records check. In all	68950
other cases in which the administrator requests a criminal records	68951
check for an applicant pursuant to this division, the	68952
administrator may request that the superintendent include	68953
information from the federal bureau of investigation in the	68954
criminal records check, including fingerprint-based checks of	68955
national crime information databases as described in 42 U.S.C.	68956
671.	68957

(2) A person required by division (A)(1) of this section to	68958
request a criminal records check shall provide to each applicant a	68959
copy of the form prescribed pursuant to division (C)(1) of section	68960
109.572 of the Revised Code, provide to each applicant a standard	68961
impression sheet to obtain fingerprint impressions prescribed	68962
pursuant to division (C)(2) of section 109.572 of the Revised	68963
Code, obtain the completed form and impression sheet from each	68964
applicant, and forward the completed form and impression sheet to	68965
the superintendent of the bureau of criminal identification and	68966
investigation at the time the person requests a criminal records	68967
check pursuant to division (A)(1) of this section. On and after	68968
August 14, 2008, the administrator of a child day-care center or a	68969
type A family day-care home shall review the results of the	68970
criminal records check before the applicant has sole	68971
responsibility for the care, custody, or control of any child.	68972

(3) An applicant who receives pursuant to division (A)(2) of	68973
this section a copy of the form prescribed pursuant to division	68974
(C)(1) of section 109.572 of the Revised Code and a copy of an	68975
impression sheet prescribed pursuant to division (C)(2) of that	68976
section and who is requested to complete the form and provide a	68977
set of fingerprint impressions shall complete the form or provide	68978
all the information necessary to complete the form and shall	68979
provide the impression sheet with the impressions of the	68980
applicant's fingerprints. If an applicant, upon request, fails to	68981
provide the information necessary to complete the form or fails to	68982
provide impressions of the applicant's fingerprints, the center or	68983
type A home shall not employ that applicant for any position for	68984
which a criminal records check is required by division (A)(1) of	68985
this section.	68986

(B)(1) Except as provided in rules adopted under division (E)	68987
of this section, no child day-care center or type A family	68988
day-care home shall employ or contract with another entity for the	68989
services of a person as a person responsible for the care,	68990
custody, or control of a child if the person previously has been	68991
convicted of or pleaded guilty to any of the violations described	68992
in division (A)(5) of section 109.572 of the Revised Code.	68993

(2) A child day-care center or type A family day-care home	68994
may employ an applicant conditionally until the criminal records	68995
check required by this section is completed and the center or home	68996
receives the results of the criminal records check. If the results	68997
of the criminal records check indicate that, pursuant to division	68998
(B)(1) of this section, the applicant does not qualify for	68999
employment, the center or home shall release the applicant from	69000
employment.	69001

(C)(1) Each child day-care center and type A family day-care	69002
home shall pay to the bureau of criminal identification and	69003
investigation the fee prescribed pursuant to division (C)(3) of	69004
section 109.572 of the Revised Code for each criminal records	69005
check conducted in accordance with that section upon the request	69006
pursuant to division (A)(1) of this section of the administrator	69007
or provider of the center or home.	69008

(2) A child day-care center and type A family day-care home	69009
may charge an applicant a fee for the costs it incurs in obtaining	69010
a criminal records check under this section. A fee charged under	69011
this division shall not exceed the amount of fees the center or	69012
home pays under division (C)(1) of this section. If a fee is	69013
charged under this division, the center or home shall notify the	69014
applicant at the time of the applicant's initial application for	69015
employment of the amount of the fee and that, unless the fee is	69016
paid, the center or type A home will not consider the applicant	69017
for employment.	69018

(D) The report of any criminal records check conducted by the	69019
bureau of criminal identification and investigation in accordance	69020
with section 109.572 of the Revised Code and pursuant to a request	69021
under division (A)(1) of this section is not a public record for	69022
the purposes of section 149.43 of the Revised Code and shall not	69023
be made available to any person other than the applicant who is	69024
the subject of the criminal records check or the applicant's	69025
representative; the center or type A home requesting the criminal	69026
records check or its representative; the department of job and	69027
family services or a county department of job and family services;	69028
and any court, hearing officer, or other necessary individual	69029
involved in a case dealing with the denial of employment to the	69030
applicant.	69031

(E) The director of job and family services shall adopt rules	69032
pursuant to Chapter 119. of the Revised Code to implement this	69033
section, including rules specifying circumstances under which a	69034
center or home may hire a person who has been convicted of an	69035
offense listed in division (B)(1) of this section but who meets	69036
standards in regard to rehabilitation set by the department.	69037

(F) Any person required by division (A)(1) of this section to	69038
request a criminal records check shall inform each person, at the	69039
time of the person's initial application for employment, that the	69040
person is required to provide a set of impressions of the person's	69041
fingerprints and that a criminal records check is required to be	69042
conducted and satisfactorily completed in accordance with section	69043
109.572 of the Revised Code if the person comes under final	69044
consideration for appointment or employment as a precondition to	69045
employment for that position.	69046

(G) As used in this section:

69047

(1) "Applicant" means a person who is under final	69048
consideration for appointment to or employment in a position with	69049
a child day-care center or a type A family day-care home as a	69050
person responsible for the care, custody, or control of a child;	69051
an in-home aide certified pursuant to section 5104.12 of the	69052
Revised Code; or any person who would serve in any position with a	69053
child day-care center or a type A family day-care home as a person	69054
responsible for the care, custody, or control of a child pursuant	69055
to a contract with another entity.	69056

(2) "Criminal records check" has the same meaning as in	69057
section 109.572 of the Revised Code.	69058

Sec. 5104.013. (A)(1) At the times specified in division	69059
(A)(3) of this section, the director of job and family services,	69060
as part of the process of licensure of child day-care centers and	69061
type A family day-care homes, shall request the superintendent of	69062
the bureau of criminal identification and investigation to conduct	69063
a criminal records check with respect to the following persons:	69064

(a) Any owner, licensee, or administrator of a child day-care	69065
center;	69066

(b) Any owner, licensee, or administrator of a type A family	69067
day-care home and any person eighteen years of age or older who	69068
resides in a type A family day-care home.	69069

(2) At the times specified in division (A)(3) of this	69070
section, the director of a county department of job and family	69071
services, as part of the process of certification of type B family	69072
day-care homes, shall request the superintendent of the bureau of	69073
criminal identification and investigation to conduct a criminal	69074
records check with respect to any authorized provider of a	69075
certified type B family day-care home and any person eighteen	69076
years of age or older who resides in a certified type B family	69077
day-care home.	69078

(3) The director of job and family services shall request a	69079
criminal records check pursuant to division (A)(1) of this section	69080
at the time of the initial application for licensure and every	69081
~~four~~five years thereafter. The director of a county department of	69082
job and family services shall request a criminal records check	69083
pursuant to division (A)(2) of this section at the time of the	69084
initial application for certification and every ~~four~~five years	69085
thereafter at the time of a certification renewal. When the	69086
director of job and family services or the director of a county	69087
department of job and family services requests pursuant to	69088
division (A)(1) or (2) of this section a criminal records check	69089
for a person at the time of the person's initial application for	69090
licensure or certification, the director shall request that the	69091
superintendent of the bureau of criminal identification and	69092
investigation obtain information from the federal bureau of	69093
investigation as a part of the criminal records check for the	69094
person, including fingerprint-based checks of national crime	69095
information databases as described in 42 U.S.C. 671 for the person	69096
subject to the criminal records check. In all other cases in which	69097
the director of job and family services or the director of a	69098
county department of job and family services requests a criminal	69099
records check for an applicant pursuant to division (A)(1) or (2)	69100
of this section, the director may request that the superintendent	69101
include information from the federal bureau of investigation in	69102
the criminal records check, including fingerprint-based checks of	69103
national crime information databases as described in 42 U.S.C.	69104
671.	69105

(4) The director of job and family services shall review the	69106
results of a criminal records check subsequent to a request made	69107
pursuant to divisions (A)(1) and (3) of this section prior to	69108
approval of a license. The director of a county department of job	69109
and family services shall review the results of a criminal records	69110
check subsequent to a request made pursuant to divisions (A)(2)	69111
and (3) of this section prior to approval of certification.	69112

(B) The director of job and family services or the director	69113
of a county department of job and family services shall provide to	69114
each person for whom a criminal records check is required under	69115
this section a copy of the form prescribed pursuant to division	69116
(C)(1) of section 109.572 of the Revised Code and a standard	69117
impression sheet to obtain fingerprint impressions prescribed	69118
pursuant to division (C)(2) of that section, obtain the completed	69119
form and impression sheet from that person, and forward the	69120
completed form and impression sheet to the superintendent of the	69121
bureau of criminal identification and investigation.	69122

(C) A person who receives pursuant to division (B) of this	69123
section a copy of the form and standard impression sheet described	69124
in that division and who is requested to complete the form and	69125
provide a set of fingerprint impressions shall complete the form	69126
or provide all the information necessary to complete the form and	69127
shall provide the impression sheet with the impressions of the	69128
person's fingerprints. If the person, upon request, fails to	69129
provide the information necessary to complete the form or fails to	69130
provide impressions of the person's fingerprints, the director may	69131
consider the failure as a reason to deny licensure or	69132
certification.	69133

(D) Except as provided in rules adopted under division (G) of	69134
this section, the director of job and family services shall not	69135
grant a license to a child day-care center or type A family	69136
day-care home and a county director of job and family services	69137
shall not certify a type B family day-care home if a person for	69138
whom a criminal records check was required in connection with the	69139
center or home previously has been convicted of or pleaded guilty	69140
to any of the violations described in division (A)(5) of section	69141
109.572 of the Revised Code.	69142

(E) Each child day-care center, type A family day-care home,	69143
and type B family day-care home shall pay to the bureau of	69144
criminal identification and investigation the fee prescribed	69145
pursuant to division (C)(3) of section 109.572 of the Revised Code	69146
for each criminal records check conducted in accordance with that	69147
section upon a request made pursuant to division (A) of this	69148
section.	69149

(F) The report of any criminal records check conducted by the	69150
bureau of criminal identification and investigation in accordance	69151
with section 109.572 of the Revised Code and pursuant to a request	69152
made under division (A) of this section is not a public record for	69153
the purposes of section 149.43 of the Revised Code and shall not	69154
be made available to any person other than the person who is the	69155
subject of the criminal records check or the person's	69156
representative, the director of job and family services, the	69157
director of a county department of job and family services, the	69158
center, type A home, or type B home involved, and any court,	69159
hearing officer, or other necessary individual involved in a case	69160
dealing with a denial of licensure or certification related to the	69161
criminal records check.	69162

(G) The director of job and family services shall adopt rules	69163
pursuant to Chapter 119. of the Revised Code to implement this	69164
section, including rules specifying exceptions to the prohibition	69165
in division (D) of this section for persons who have been	69166
convicted of an offense listed in that division but who meet	69167
standards in regard to rehabilitation set by the director.	69168

(H) As used in this section, "criminal records check" has the	69169
same meaning as in section 109.572 of the Revised Code.	69170

Sec. 5104.02. (A) The director of job and family services is	69171
responsible for the licensing of child day-care centers and type A	69172
family day-care homes. Each entity operating a head start program	69173
shall meet the criteria for, and be licensed as, a child day-care	69174
center. The director is responsible for the enforcement of this	69175
chapter and of rules promulgated pursuant to this chapter.	69176

No person, firm, organization, institution, or agency shall	69177
operate, establish, manage, conduct, or maintain a child day-care	69178
center or type A family day-care home without a license issued	69179
under section 5104.03 of the Revised Code. The current license	69180
shall be posted in a conspicuous place in the center or type A	69181
home that is accessible to parents, custodians, or guardians and	69182
employees of the center or type A home at all times when the	69183
center or type A home is in operation.	69184

(B) A person, firm, institution, organization, or agency	69185
operating any of the following programs is exempt from the	69186
requirements of this chapter:	69187

(1) A program of child care that operates for two or less	69188
consecutive weeks;	69189

(2) Child care in places of worship during religious	69190
activities during which children are cared for while at least one	69191
parent, guardian, or custodian of each child is participating in	69192
such activities and is readily available;	69193

(3) Religious activities which do not provide child care;

69194

(4) Supervised training, instruction, or activities of	69195
children in specific areas, including, but not limited to: art;	69196
drama; dance; music; gymnastics, swimming, or another athletic	69197
skill or sport; computers; or an educational subject conducted on	69198
an organized or periodic basis no more than one day a week and for	69199
no more than six hours duration;	69200

(5) Programs in which the director determines that at least	69201
one parent, custodian, or guardian of each child is on the	69202
premises of the facility offering child care and is readily	69203
accessible at all times, except that child care provided on the	69204
premises at which a parent, custodian, or guardian is employed	69205
more than two and one-half hours a day shall be licensed in	69206
accordance with division (A) of this section;	69207

(6)(a) Programs that provide child care funded and regulated	69208
or operated and regulated by state departments other than the	69209
department of job and family services or the state board of	69210
education when the director of job and family services has	69211
determined that the rules governing the program are equivalent to	69212
or exceed the rules promulgated pursuant to this chapter.	69213

Notwithstanding any exemption from regulation under this	69214
chapter, each state department shall submit to the director of job	69215
and family services a copy of the rules that govern programs that	69216
provide child care and are regulated or operated and regulated by	69217
the department. Annually, each state department shall submit to	69218
the director a report for each such program it regulates or	69219
operates and regulates that includes the following information:	69220

(i) The site location of the program;

69221

(ii) The maximum number of infants, toddlers, preschool-age	69222
children, or school-age children served by the program at one	69223
time;	69224

(iii) The number of adults providing child care for the	69225
number of infants, toddlers, preschool-age children, or school-age	69226
children;	69227

(iv) Any changes in the rules made subsequent to the time	69228
when the rules were initially submitted to the director.	69229

The director shall maintain a record of the child care	69230
information submitted by other state departments and shall provide	69231
this information upon request to the general assembly or the	69232
public.	69233

(b) Child care programs conducted by boards of education or	69234
by chartered nonpublic schools that are conducted in school	69235
buildings and that provide child care to school-age children only	69236
shall be exempt from meeting or exceeding rules promulgated	69237
pursuant to this chapter.	69238

(7) Any preschool program or school child program, except a	69239
head start program, that is subject to licensure by the department	69240
of education under sections 3301.52 to 3301.59 of the Revised	69241
Code.	69242

(8) Any program providing child care that meets all of the	69243
following requirements and, on October 20, 1987, was being	69244
operated by a nonpublic school that holds a charter issued by the	69245
state board of education for kindergarten only:	69246

(a) The nonpublic school has given the notice to the state	69247
board and the director of job and family services required by	69248
Section 4 of Substitute House Bill No. 253 of the 117th general	69249
assembly;	69250

(b) The nonpublic school continues to be chartered by the	69251
state board for kindergarten, or receives and continues to hold a	69252
charter from the state board for kindergarten through grade five;	69253

69254

(d) The program is operated in accordance with rules	69255
promulgated by the state board under sections 3301.52 to 3301.57	69256
of the Revised Code.	69257

(9) A youth development program operated outside of school	69258
hours by a community-based center to which all of the following	69259
apply:	69260

(a) The children enrolled in the program are under nineteen	69261
years of age and enrolled in or eligible to be enrolled in a grade	69262
of kindergarten or above.	69263

(b) The program provides informal child care ~~and at least~~	69264
~~two~~, which is child care that does not require parental signature,	69265
permission, or notice for the child receiving the care to enter or	69266
leave the program;	69267

(c) The program provides any of the following supervised	69268
activities: educational, recreational, culturally enriching,	69269
social, and personal development activities.	69270

~~(c)~~(d) The program is eligible for participation in the child	69271
and adult care food program as an outside-school-hours care center	69272
pursuant to standards established under section 3313.813 of the	69273
Revised Code.	69274

~~(d)~~(e) The community-based center operating the program is	69275
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	69276
and (c)(3).	69277

Sec. 5104.021. The director of job and family services may	69278
~~not~~ issue a child day-care center or type A family day-care home	69279
license to a youth development program that is exempted by	69280
division (B)(9) of section 5104.02 of the Revised Code from the	69281
requirements of this chapter if the youth development program	69282
applies for and meets all of the requirements for the license.	69283

Sec. 5104.03. (A) Any person, firm, organization,	69284
institution, or agency desiring to establish a child day-care	69285
center or type A family day-care home shall apply for a license to	69286
the director of job and family services on such form as the	69287
director prescribes. The director shall provide at no charge to	69288
each applicant for licensure a copy of the child care license	69289
requirements in this chapter and a copy of the rules adopted	69290
pursuant to this chapter. The copies may be provided in paper or	69291
electronic form.	69292

Fees shall be set by the director pursuant to section	69293
5104.011 of the Revised Code and shall be paid at the time of	69294
application for a license to operate a center or type A home. Fees	69295
collected under this section shall be paid into the state treasury	69296
to the credit of the general revenue fund.	69297

(B) Upon filing of the application for a license, the	69298
director shall investigate and inspect the center or type A home	69299
to determine the license capacity for each age category of	69300
children of the center or type A home and to determine whether the	69301
center or type A home complies with this chapter and rules adopted	69302
pursuant to this chapter. When, after investigation and	69303
inspection, the director is satisfied that this chapter and rules	69304
adopted pursuant to it are complied with, subject to division (G)	69305
of this section, a provisional license shall be issued as soon as	69306
practicable in such form and manner as prescribed by the director.	69307
The provisional license shall be valid for twelve months from the	69308
date of issuance unless revoked.	69309

(C) The director shall investigate and inspect the center or	69310
type A home at least once during operation under the provisional	69311
license. If after the investigation and inspection the director	69312
determines that the requirements of this chapter and rules adopted	69313
pursuant to this chapter are met, subject to division (G) of this	69314
section, the director shall issue a license to the center or home.	69315

(D) The license or provisional license shall state the name	69316
of the licensee, the name of the administrator, the address of the	69317
center or type A home, and the license capacity for each age	69318
category of children. The license or provisional license shall	69319
include thereon, in accordance with section 5104.011 of the	69320
Revised Code, the toll-free telephone number to be used by persons	69321
suspecting that the center or type A home has violated a provision	69322
of this chapter or rules adopted pursuant to this chapter. A	69323
license or provisional license is valid only for the licensee,	69324
administrator, address, and license capacity for each age category	69325
of children designated on the license. The license capacity	69326
specified on the license or provisional license is the maximum	69327
number of children in each age category that may be cared for in	69328
the center or type A home at one time.	69329

The center or type A home licensee shall notify the director	69330
when the administrator of the center or home changes. The director	69331
shall amend the current license or provisional license to reflect	69332
a change in an administrator, if the administrator meets the	69333
requirements of Chapter 5104. of the Revised Code and rules	69334
adopted pursuant to Chapter 5104. of the Revised Code, or a change	69335
in license capacity for any age category of children as determined	69336
by the director of job and family services.	69337

(E) If the director revokes the license of a center or a type	69338
A home, the director shall not issue another license to the owner	69339
of the center or type A home until five years have elapsed from	69340
the date the license is revoked.	69341

If the director denies an application for a license, the	69342
director shall not accept another application from the applicant	69343
until five years have elapsed from the date the application is	69344
denied.	69345

(F) If during the application for licensure process the	69346
director determines that the license of the owner has been	69347
revoked, the investigation of the center or type A home shall	69348
cease. This action does not constitute denial of the application	69349
and may not be appealed under division (G) of this section.	69350

(G) All actions of the director with respect to licensing	69351
centers or type A homes, refusal to license, and revocation of a	69352
license shall be in accordance with Chapter 119. of the Revised	69353
Code. Any applicant who is denied a license or any owner whose	69354
license is revoked may appeal in accordance with section 119.12 of	69355
the Revised Code.	69356

(H) In no case shall the director issue a license or	69357
provisional license under this section for a type A home or center	69358
if the director, based on documentation provided by the	69359
appropriate county department of job and family services,	69360
determines that the applicant previously had been certified as a	69361
type B family day-care home, that the county department revoked	69362
that certification within the immediately preceding five years,	69363
that the revocation was based on the applicant's refusal or	69364
inability to comply with the criteria for certification, and that	69365
the refusal or inability resulted in a risk to the health or	69366
safety of children.	69367

Sec. 5104.08. (A) There is hereby created in the department	69368
of job and family services a child care advisory council to advise	69369
and assist the department in the administration of this chapter	69370
and in the development of child care. The council shall consist of	69371
twenty-two voting members appointed by the director of job and	69372
family services with the approval of the governor. The director of	69373
job and family services, the director of developmental	69374
disabilities, the director of ~~mental health~~mental health and	69375
addiction services, the superintendent of public instruction, the	69376
director of health, the director of commerce, and the state fire	69377
marshal shall serve as nonvoting members of the council.	69378

Six members shall be representatives of child care centers	69379
subject to licensing, the members to represent a variety of	69380
centers, including nonprofit and proprietary, from different	69381
geographical areas of the state. At least three members shall be	69382
parents, guardians, or custodians of children receiving child care	69383
or publicly funded child care in the child's own home, a center, a	69384
type A home, a head start program, a certified type B home, or a	69385
type B home at the time of appointment. Three members shall be	69386
representatives of in-home aides, type A homes, certified type B	69387
homes, or type B homes or head start programs. At least six	69388
members shall represent county departments of job and family	69389
services. The remaining members shall be representatives of the	69390
teaching, child development, and health professions, and other	69391
individuals interested in the welfare of children. At least six	69392
members of the council shall not be employees or licensees of a	69393
child day-care center, head start program, or type A home, or	69394
providers operating a certified type B home or type B home, or	69395
in-home aides.	69396

Appointments shall be for three-year terms. Vacancies shall	69397
be filled for the unexpired terms. A member of the council is	69398
subject to removal by the director of job and family services for	69399
a willful and flagrant exercise of authority or power that is not	69400
authorized by law, for a refusal or willful neglect to perform any	69401
official duty as a member of the council imposed by law, or for	69402
being guilty of misfeasance, malfeasance, nonfeasance, or gross	69403
neglect of duty as a member of the council.	69404

There shall be two co-chairpersons of the council. One	69405
co-chairperson shall be the director of job and family services or	69406
the director's designee, and one co-chairperson shall be elected	69407
by the members of the council. The council shall meet as often as	69408
is necessary to perform its duties, provided that it shall meet at	69409
least once in each quarter of each calendar year and at the call	69410
of the co-chairpersons. The co-chairpersons or their designee	69411
shall send to each member a written notice of the date, time, and	69412
place of each meeting.	69413

Members of the council shall serve without compensation, but	69414
shall be reimbursed for necessary expenses.	69415

(B) The child care advisory council shall advise the director	69416
on matters affecting the licensing of centers and type A homes and	69417
the certification of type B homes and in-home aides. The council	69418
shall make an annual report to the director of job and family	69419
services that addresses the availability, affordability,	69420
accessibility, and quality of child care and that summarizes the	69421
recommendations and plans of action that the council has proposed	69422
to the director during the preceding fiscal year. The director of	69423
job and family services shall provide copies of the report to the	69424
governor, speaker and minority leader of the house of	69425
representatives, and the president and minority leader of the	69426
senate and, on request, shall make copies available to the public.	69427

(C) The director of job and family services shall adopt rules	69428
pursuant to Chapter 119. of the Revised Code to implement this	69429
section.	69430

Sec. 5104.11. (A)(1) Every person desiring to receive	69431
certification for a type B family day-care home to provide	69432
publicly funded child care shall apply for certification to the	69433
county director of job and family services on such forms as the	69434
director of job and family services prescribes. The county	69435
director shall provide at no charge to each applicant a copy of	69436
rules for certifying type B family day-care homes adopted pursuant	69437
to this chapter.	69438

(2) Except as provided in division (G)(1) of section 5104.011	69439
of the Revised Code, after receipt of an application for	69440
certification from a type B family day-care home, the county	69441
director of job and family services shall inspect the home. If it	69442
complies with this chapter and any applicable rules adopted under	69443
this chapter, the county department shall certify the type B	69444
family day-care home to provide publicly funded child care	69445
pursuant to this chapter and any rules adopted under it. The	69446
director of job and family services or a county director of job	69447
and family services may contract with a government entity or a	69448
private nonprofit entity for that entity to inspect and certify	69449
type B family day-care homes pursuant to this section. The county	69450
department of job and family services, government entity, or	69451
nonprofit entity shall conduct the inspection prior to the	69452
issuance of a certificate for the type B home and, as part of that	69453
inspection, ensure that the type B home is safe and sanitary.	69454

(3)(a) On receipt of an application for certification for a	69455
type B family day-care home to provide publicly funded child care	69456
or for renewal of such certification, the county department shall	69457
request from ~~both of the following~~the public children services	69458
agency information concerning any abuse or neglect report made	69459
pursuant to section 2151.421 of the Revised Code of which the	69460
applicant, any other adult residing in the applicant's home, or a	69461
person designated by the applicant to be an emergency or	69462
substitute caregiver for the applicant is the subject:	69463

~~(i) The public children services agency, until the county~~	69464
~~department is notified by the department of job and family~~	69465
~~services that the uniform statewide automated child welfare~~	69466
~~information system has been finalized statewide;~~	69467

~~(ii) Upon receipt of notification under division (D) of~~	69468
~~section 5101.13 of the Revised Code that the uniform statewide~~	69469
~~automated child welfare information system has been implemented~~	69470
~~statewide, the uniform statewide automated child welfare~~	69471
~~information system via the department~~.	69472

(b) The county department shall consider any information	69473
provided by the agency ~~or the department~~ pursuant to section	69474
5153.175 of the Revised Code. If the county department determines	69475
that the information, when viewed within the totality of the	69476
circumstances, reasonably leads to the conclusion that the	69477
applicant may directly or indirectly endanger the health, safety,	69478
or welfare of children, the county department shall deny the	69479
application for certification or renewal of certification, or	69480
revoke the certification of an authorized provider.	69481

(c) As used in division (A)(3) of this section, "public	69482
children services agency" means either an entity separate from the	69483
county department or the part of the county department that serves	69484
as the county's public children services agency, as appropriate.	69485

(4) Except as provided in division (A)(5) of this section, an	69486
authorized provider of a type B family day-care home that receives	69487
a certificate pursuant to this section to provide publicly funded	69488
child care is an independent contractor and is not an employee of	69489
the county department of job and family services that issues the	69490
certificate.	69491

(5) For purposes of Chapter 4141. of the Revised Code,	69492
determinations concerning the employment of an authorized provider	69493
of a type B family day-care home that receives a certificate	69494
pursuant to this section shall be determined under Chapter 4141.	69495
of the Revised Code.	69496

(B)(1) If the county director of job and family services	69497
determines that the type B family day-care home complies with this	69498
chapter and any rules adopted under it, the county director shall	69499
issue to the provider a certificate to provide publicly funded	69500
child care~~, which~~. The certificate is valid for twelve months,	69501
unless revoked earlier. ~~The county director may revoke the~~	69502
~~certificate after determining that revocation is necessary.~~ The	69503
authorized provider shall post the certificate in a conspicuous	69504
place in the certified type B home that is accessible to parents,	69505
custodians, or guardians at all times. The certificate shall state	69506
the name and address of the authorized provider, the maximum	69507
number of children who may be cared for at any one time in the	69508
certified type B home, the expiration date of the certification,	69509
and the name and telephone number of the county director who	69510
issued the certificate.	69511

(2) The county director may revoke a certificate to provide	69512
publicly funded child care in either of the following	69513
circumstances:	69514

(a) The county director determines, pursuant to rules adopted	69515
under Chapter 119. of the Revised Code, that revocation is	69516
necessary;	69517

(b) The authorized provider does not comply with division	69518
(D)(2) of section 5104.32 of the Revised Code.	69519

(C)(1) The county director shall inspect every certified type	69520
B family day-care home at least twice within each twelve-month	69521
period of the operation of the certified type B home. A minimum of	69522
one inspection shall be unannounced and all inspections may be	69523
unannounced. Upon receipt of a complaint, the county director	69524
shall investigate the certified type B home, and division (C)(2)	69525
of this section applies regarding the complaint. The authorized	69526
provider shall permit the county director to inspect any part of	69527
the certified type B home. The county director shall prepare a	69528
written inspection report and furnish one copy to the authorized	69529
provider within a reasonable time after the inspection.	69530

(2) Upon receipt of a complaint as described in division	69531
(C)(1) of this section, in addition to the investigation that is	69532
required under that division, both of the following apply:	69533

(a) If the complaint alleges that a child suffered physical	69534
harm while receiving child care at the certified type B family	69535
day-care home or that the noncompliance with law or act alleged in	69536
the complaint involved, resulted in, or poses a substantial risk	69537
of physical harm to a child receiving child care at the home, the	69538
county director shall inspect the home.	69539

(b) If division (C)(2)(a) of this section does not apply	69540
regarding the complaint, the county director may inspect the	69541
certified type B family day-care home.	69542

(3) Division (C)(2) of this section does not limit, restrict,	69543
or negate any duty of the county director to inspect a certified	69544
type B family day-care home that otherwise is imposed under this	69545
section, or any authority of the county director to inspect a home	69546
that otherwise is granted under this section when the county	69547
director believes the inspection is necessary and it is permitted	69548
under the grant.	69549

(D) The county director of job and family services, in	69550
accordance with rules adopted pursuant to section 5104.052 of the	69551
Revised Code regarding fire safety and fire prevention, shall	69552
inspect each type B home that applies to be certified that is	69553
providing or is to provide publicly funded child care.	69554

(E) All materials that are supplied by the department of job	69555
and family services to type A family day-care home providers, type	69556
B family day-care home providers, in-home aides, persons who	69557
desire to be type A family day-care home providers, type B family	69558
day-care home providers, or in-home aides, and caretaker parents	69559
shall be written at no higher than the sixth grade reading level.	69560
The department may employ a readability expert to verify its	69561
compliance with this division.	69562

Sec. 5104.12. (A) The county director of job and family	69563
services may certify in-home aides to provide publicly funded	69564
child care pursuant to this chapter and any rules adopted under	69565
it. Any in-home aide who receives a certificate pursuant to this	69566
section to provide publicly funded child care is an independent	69567
contractor and is not an employee of the county department of job	69568
and family services that issues the certificate.	69569

(B) Every person desiring to receive certification as an	69570
in-home aide shall apply for certification to the county director	69571
of job and family services on such forms as the director of job	69572
and family services prescribes. The county director shall provide	69573
at no charge to each applicant a copy of rules for certifying	69574
in-home aides adopted pursuant to this chapter.	69575

(C)(1) If the county director of job and family services	69576
determines that public funds are available and that the person	69577
complies with this chapter and any rules adopted under it, the	69578
county director shall certify the person as an in-home aide and	69579
issue the person a certificate to provide publicly funded child	69580
care for twelve months. ~~The county director may revoke the~~	69581
~~certificate after determining that revocation is necessary.~~ The	69582
county director shall furnish a copy of the certificate to the	69583
parent, custodian, or guardian. The certificate shall state the	69584
name and address of the in-home aide, the expiration date of the	69585
certification, and the name and telephone number of the county	69586
director who issued the certificate.	69587

(2) The county director may revoke the certificate in either	69588
of the following circumstances:	69589

(a) The county director determines, pursuant to rules adopted	69590
under Chapter 119. of the Revised Code, that revocation is	69591
necessary;	69592

(b) The in-home aide does not comply with division (D)(2) of	69593
section 5104.32 of the Revised Code.	69594

(D)(1) The county director of job and family services shall	69595
inspect every home of a child who is receiving publicly funded	69596
child care in the child's own home while the in-home aide is	69597
providing the services. Inspections may be unannounced. Upon	69598
receipt of a complaint, the county director shall investigate the	69599
in-home aide, shall investigate the home of a child who is	69600
receiving publicly funded child care in the child's own home, and	69601
division (D)(2) of this section applies regarding the complaint.	69602
The caretaker parent shall permit the county director to inspect	69603
any part of the child's home. The county director shall prepare a	69604
written inspection report and furnish one copy each to the in-home	69605
aide and the caretaker parent within a reasonable time after the	69606
inspection.	69607

(2) Upon receipt of a complaint as described in division	69608
(D)(1) of this section, in addition to the investigations that are	69609
required under that division, both of the following apply:	69610

(a) If the complaint alleges that a child suffered physical	69611
harm while receiving publicly funded child care in the child's own	69612
home from an in-home aide or that the noncompliance with law or	69613
act alleged in the complaint involved, resulted in, or poses a	69614
substantial risk of physical harm to a child receiving publicly	69615
funded child care in the child's own home from an in-home aide,	69616
the county director shall inspect the home of the child.	69617

(b) If division (D)(2)(a) of this section does not apply	69618
regarding the complaint, the county director may inspect the home	69619
of the child.	69620

(3) Division (D)(2) of this section does not limit, restrict,	69621
or negate any duty of the county director to inspect a home of a	69622
child who is receiving publicly funded child care from an in-home	69623
aide that otherwise is imposed under this section, or any	69624
authority of the county director to inspect such a home that	69625
otherwise is granted under this section when the county director	69626
believes the inspection is necessary and it is permitted under the	69627
grant.	69628

Sec. 5104.32. (A) Except as provided in division (C) of this	69629
section, all purchases of publicly funded child care shall be made	69630
under a contract entered into by a licensed child day-care center,	69631
licensed type A family day-care home, certified type B family	69632
day-care home, certified in-home aide, approved child day camp,	69633
licensed preschool program, licensed school child program, or	69634
border state child care provider and the department of job and	69635
family services. All contracts for publicly funded child care	69636
shall be contingent upon the availability of state and federal	69637
funds. The department shall prescribe a standard form to be used	69638
for all contracts for the purchase of publicly funded child care,	69639
regardless of the source of public funds used to purchase the	69640
child care. To the extent permitted by federal law and	69641
notwithstanding any other provision of the Revised Code that	69642
regulates state contracts or contracts involving the expenditure	69643
of state or federal funds, all contracts for publicly funded child	69644
care shall be entered into in accordance with the provisions of	69645
this chapter and are exempt from any other provision of the	69646
Revised Code that regulates state contracts or contracts involving	69647
the expenditure of state or federal funds.	69648

(B) Each contract for publicly funded child care shall	69649
specify at least the following:	69650

(1) That the provider of publicly funded child care agrees to	69651
be paid for rendering services at the lower of the rate	69652
customarily charged by the provider for children enrolled for	69653
child care or the reimbursement ceiling or rate of payment	69654
established pursuant to section 5104.30 of the Revised Code;	69655

(2) That, if a provider provides child care to an individual	69656
potentially eligible for publicly funded child care who is	69657
subsequently determined to be eligible, the department agrees to	69658
pay for all child care provided between the date the county	69659
department of job and family services receives the individual's	69660
completed application and the date the individual's eligibility is	69661
determined;	69662

(3) Whether the county department of job and family services,	69663
the provider, or a child care resource and referral service	69664
organization will make eligibility determinations, whether the	69665
provider or a child care resource and referral service	69666
organization will be required to collect information to be used by	69667
the county department to make eligibility determinations, and the	69668
time period within which the provider or child care resource and	69669
referral service organization is required to complete required	69670
eligibility determinations or to transmit to the county department	69671
any information collected for the purpose of making eligibility	69672
determinations;	69673

(4) That the provider, other than a border state child care	69674
provider, shall continue to be licensed, approved, or certified	69675
pursuant to this chapter and shall comply with all standards and	69676
other requirements in this chapter and in rules adopted pursuant	69677
to this chapter for maintaining the provider's license, approval,	69678
or certification;	69679

(5) That, in the case of a border state child care provider,	69680
the provider shall continue to be licensed, certified, or	69681
otherwise approved by the state in which the provider is located	69682
and shall comply with all standards and other requirements	69683
established by that state for maintaining the provider's license,	69684
certificate, or other approval;	69685

(6) Whether the provider will be paid by the state department	69686
of job and family services or in some other manner as prescribed	69687
by rules adopted under section 5104.42 of the Revised Code;	69688

(7) That the contract is subject to the availability of state	69689
and federal funds.	69690

(C) Unless specifically prohibited by federal law or by rules	69691
adopted under section 5104.42 of the Revised Code, the county	69692
department of job and family services shall give individuals	69693
eligible for publicly funded child care the option of obtaining	69694
certificates that the individual may use to purchase services from	69695
any provider qualified to provide publicly funded child care under	69696
section 5104.31 of the Revised Code. Providers of publicly funded	69697
child care may present these certificates for payment in	69698
accordance with rules that the director of job and family services	69699
shall adopt. Only providers may receive payment for certificates.	69700
The value of the certificate shall be based on the lower of the	69701
rate customarily charged by the provider or the rate of payment	69702
established pursuant to section 5104.30 of the Revised Code. The	69703
county department may provide the certificates to the individuals	69704
or may contract with child care providers or child care resource	69705
and referral service organizations that make determinations of	69706
eligibility for publicly funded child care pursuant to contracts	69707
entered into under section 5104.34 of the Revised Code for the	69708
providers or resource and referral service organizations to	69709
provide the certificates to individuals whom they determine are	69710
eligible for publicly funded child care.	69711

For each six-month period a provider of publicly funded child	69712
care provides publicly funded child care to the child of an	69713
individual given certificates, the individual shall provide the	69714
provider certificates for days the provider would have provided	69715
publicly funded child care to the child had the child been	69716
present. The maximum number of days providers shall be provided	69717
certificates shall not exceed ten days in a six-month period	69718
during which publicly funded child care is provided to the child	69719
regardless of the number of providers that provide publicly funded	69720
child care to the child during that period.	69721

(D)(1) The department shall establish the Ohio electronic	69722
child care system to track attendance and calculate payments for	69723
publicly funded child care. The system shall include issuing an	69724
electronic child care card to each caretaker parent to swipe	69725
through a point-of-service device issued to an eligible provider,	69726
as described in section 5104.31 of the Revised Code.	69727

(2) Each eligible provider that provides publicly funded	69728
child care shall participate in the Ohio electronic child care	69729
system. A provider participating in the system shall not do any of	69730
the following:	69731

(a) Use or have possession of an electronic child care card	69732
issued to a caretaker parent;	69733

(b) Falsify attendance records;

69734

(c) Knowingly seek payment for publicly funded child care	69735
that was not provided;	69736

(d) Knowingly accept reimbursement for publicly funded child	69737
care that was not provided.	69738

Sec. 5107.10. (A) As used in this section:

69739

(1) "Countable income," "gross earned income," and "gross	69740
unearned income" have the meanings established in rules adopted	69741
under section 5107.05 of the Revised Code.	69742

(2) "Federal poverty guidelines" has the same meaning as in	69743
section 5101.46 of the Revised Code, except that references to a	69744
person's family in the definition shall be deemed to be references	69745
to the person's assistance group.	69746

(3) "Gross income" means gross earned income and gross	69747
unearned income.	69748

(4) "Strike" means continuous concerted action in failing to	69749
report to duty; willful absence from one's position; or stoppage	69750
of work in whole from the full, faithful, and proper performance	69751
of the duties of employment, for the purpose of inducing,	69752
influencing, or coercing a change in wages, hours, terms, and	69753
other conditions of employment. "Strike" does not include a	69754
stoppage of work by employees in good faith because of dangerous	69755
or unhealthful working conditions at the place of employment that	69756
are abnormal to the place of employment.	69757

(B) Under the Ohio works first program, an assistance group	69758
shall receive, except as otherwise provided by this chapter,	69759
time-limited cash assistance. In the case of an assistance group	69760
that includes a minor head of household or adult, assistance shall	69761
be provided in accordance with the self-sufficiency contract	69762
entered into under section 5107.14 of the Revised Code.	69763

(C) To be eligible to participate in Ohio works first, an	69764
assistance group must meet all of the following requirements:	69765

(1) The assistance group, except as provided in division (E)	69766
of this section, must include at least one of the following:	69767

(a) A minor child who, except as provided in section 5107.24	69768
of the Revised Code, resides with a parent, or specified relative	69769
caring for the child, or, to the extent permitted by Title IV-A	69770
and federal regulations adopted until Title IV-A, resides with a	69771
guardian or custodian caring for the child;	69772

(b) A parent residing with and caring for the parent's minor	69773
child who receives supplemental security income under Title XVI of	69774
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	69775
as amended, or federal, state, or local adoption assistance;	69776

(c) A specified relative residing with and caring for a minor	69777
child who is related to the specified relative in a manner that	69778
makes the specified relative a specified relative and receives	69779
supplemental security income or federal, state, or local foster	69780
care or adoption assistance;	69781

(d) A woman at least six months pregnant.

69782

(2) The assistance group must meet the income requirements	69783
established by division (D) of this section.	69784

(3) No member of the assistance group may be involved in a	69785
strike.	69786

(4) The assistance group must satisfy the requirements for	69787
Ohio works first established by this chapter and ~~sections 5101.58,~~	69788
~~5101.59, and~~section 5101.83 of the Revised Code.	69789

(5) The assistance group must meet requirements for Ohio	69790
works first established by rules adopted under section 5107.05 of	69791
the Revised Code.	69792

(D)(1) Except as provided in division (D)(4) of this section,	69793
to determine whether an assistance group is initially eligible to	69794
participate in Ohio works first, a county department of job and	69795
family services shall do the following:	69796

(a) Determine whether the assistance group's gross income	69797
exceeds fifty per cent of the federal poverty guidelines. In	69798
making this determination, the county department shall disregard	69799
amounts that federal statutes or regulations and sections 5101.17	69800
and 5117.10 of the Revised Code require be disregarded. The	69801
assistance group is ineligible to participate in Ohio works first	69802
if the assistance group's gross income, less the amounts	69803
disregarded, exceeds fifty per cent of the federal poverty	69804
guidelines.	69805

(b) If the assistance group's gross income, less the amounts	69806
disregarded pursuant to division (D)(1)(a) of this section, does	69807
not exceed fifty per cent of the federal poverty guidelines,	69808
determine whether the assistance group's countable income is less	69809
than the payment standard. The assistance group is ineligible to	69810
participate in Ohio works first if the assistance group's	69811
countable income equals or exceeds the payment standard.	69812

(2) For the purpose of determining whether an assistance	69813
group meets the income requirement established by division	69814
(D)(1)(a) of this section, the annual revision that the United	69815
States department of health and human services makes to the	69816
federal poverty guidelines shall go into effect on the first day	69817
of July of the year for which the revision is made.	69818

(3) To determine whether an assistance group participating in	69819
Ohio works first continues to be eligible to participate, a county	69820
department of job and family services shall determine whether the	69821
assistance group's countable income continues to be less than the	69822
payment standard. In making this determination, the county	69823
department shall disregard the first two hundred fifty dollars and	69824
fifty per cent of the remainder of the assistance group's gross	69825
earned income. No amounts shall be disregarded from the assistance	69826
group's gross unearned income. The assistance group ceases to be	69827
eligible to participate in Ohio works first if its countable	69828
income, less the amounts disregarded, equals or exceeds the	69829
payment standard.	69830

(4) If an assistance group reapplies to participate in Ohio	69831
works first not more than four months after ceasing to	69832
participate, a county department of job and family services shall	69833
use the income requirement established by division (D)(3) of this	69834
section to determine eligibility for resumed participation rather	69835
than the income requirement established by division (D)(1) of this	69836
section.	69837

(E)(1) An assistance group may continue to participate in	69838
Ohio works first even though a public children services agency	69839
removes the assistance group's minor children from the assistance	69840
group's home due to abuse, neglect, or dependency if the agency	69841
does both of the following:	69842

(a) Notifies the county department of job and family services	69843
at the time the agency removes the children that it believes the	69844
children will be able to return to the assistance group within six	69845
months;	69846

(b) Informs the county department at the end of each of the	69847
first five months after the agency removes the children that the	69848
parent, guardian, custodian, or specified relative of the children	69849
is cooperating with the case plans prepared for the children under	69850
section 2151.412 of the Revised Code and that the agency is making	69851
reasonable efforts to return the children to the assistance group.	69852

(2) An assistance group may continue to participate in Ohio	69853
works first pursuant to division (E)(1) of this section for not	69854
more than six payment months. This division does not affect the	69855
eligibility of an assistance group that includes a woman at least	69856
six months pregnant.	69857

Sec. 5107.14. (A) An assistance group is ineligible to	69858
participate in Ohio works first unless the following enter into a	69859
written self-sufficiency contract with the county department of	69860
job and family services:	69861

(1) Each adult member of the assistance group;

69862

(2) The assistance group's minor head of household.

69863

(B) A self-sufficiency contract shall set forth the rights	69864
and responsibilities of the assistance group as applicants for and	69865
participants of Ohio works first. Each self-sufficiency contract	69866
shall include, based on appraisals conducted under section 5107.41	69867
of the Revised Code and assessments conducted under section	69868
5107.70 of the Revised Code, the following:	69869

(1) The assistance group's plan, developed under section	69870
5107.41 of the Revised Code, to achieve the goal of self	69871
sufficiency and personal responsibility through unsubsidized	69872
employment within the time limit for participating in Ohio works	69873
first established by section 5107.18 of the Revised Code;	69874

(2) Work activities, developmental activities, and	69875
alternative work activities to which members of the assistance	69876
group are assigned under sections 5107.40 to 5107.69 of the	69877
Revised Code;	69878

(3) The responsibility of a caretaker member of the	69879
assistance group to cooperate in establishing a minor child's	69880
paternity and establishing, modifying, and enforcing a support	69881
order for the child in accordance with section 5107.22 of the	69882
Revised Code;	69883

(4) Other responsibilities that members of the assistance	69884
group must satisfy to participate in Ohio works first and the	69885
consequences for failure or refusal to satisfy the	69886
responsibilities;	69887

(5) An agreement that, except as otherwise provided in a	69888
waiver issued under section 5107.714 of the Revised Code, the	69889
assistance group will comply with the conditions of participating	69890
in Ohio works first established by this chapter and ~~sections~~	69891
~~5101.58, 5101.59, and~~section 5101.83 of the Revised Code;	69892

(6) Assistance and services the county department will	69893
provide to the assistance group;	69894

(7) Assistance and services the child support enforcement	69895
agency and public children services agency will provide to the	69896
assistance group pursuant to a plan of cooperation entered into	69897
under section 307.983 of the Revised Code;	69898

(8) Other provisions designed to assist the assistance group	69899
in achieving self sufficiency and personal responsibility;	69900

(9) Procedures for assessing whether responsibilities are	69901
being satisfied and whether the contract should be amended;	69902

(10) Procedures for amending the contract.

69903

(C) No self-sufficiency contract shall include provisions	69904
regarding the LEAP program.	69905

(D) The county department shall provide without charge a copy	69906
of the self-sufficiency contract to each assistance group member	69907
who signs it.	69908

Sec. 5107.16. (A) If a member of an assistance group fails	69909
or refuses, without good cause, to comply in full with a provision	69910
of a self-sufficiency contract entered into under section 5107.14	69911
of the Revised Code, a county department of job and family	69912
services shall sanction the assistance group as follows:	69913

(1) For a first failure or refusal, the county department	69914
shall deny or terminate the assistance group's eligibility to	69915
participate in Ohio works first for one payment month or until the	69916
failure or refusal ceases, whichever is longer;	69917

(2) For a second failure or refusal, the county department	69918
shall deny or terminate the assistance group's eligibility to	69919
participate in Ohio works first for three payment months or until	69920
the failure or refusal ceases, whichever is longer;	69921

(3) For a third or subsequent failure or refusal, the county	69922
department shall deny or terminate the assistance group's	69923
eligibility to participate in Ohio works first for six payment	69924
months or until the failure or refusal ceases, whichever is	69925
longer.	69926

(B) The director of job and family services shall establish	69927
standards for the determination of good cause for failure or	69928
refusal to comply in full with a provision of a self-sufficiency	69929
contract in rules adopted under section 5107.05 of the Revised	69930
Code.	69931

(C) An assistance group member who fails or refuses, without	69932
good cause, to comply in full with a provision of a	69933
self-sufficiency contract must complete all compliance activities	69934
specified in rules adopted under section 5107.05 of the Revised	69935
Code in order for the failure or refusal to be considered to have	69936
ceased.	69937

(D) After sanctioning an assistance group under division (A)	69938
of this section, a county department of job and family services	69939
shall continue to work with the assistance group.	69940

(E) An adult eligible for medicaid ~~pursuant to division~~	69941
~~(C)(1)(a) of section 5111.01 of the Revised Code~~ who is sanctioned	69942
under division (A)(3) of this section for a failure or refusal,	69943
without good cause, to comply in full with a provision of a	69944
self-sufficiency contract related to work responsibilities under	69945
sections 5107.40 to 5107.69 of the Revised Code loses eligibility	69946
for medicaid unless the adult is otherwise eligible for medicaid	69947
pursuant to ~~another division of section 5111.01 of the Revised~~	69948
~~Code~~an eligibility category other than the category associated	69949
with Title IV-A.	69950

An assistance group that would be participating in Ohio works	69951
first if not for a sanction under this section shall continue to	69952
be eligible for all of the following:	69953

(1) Publicly funded child care in accordance with division	69954
(A)(3) of section 5104.30 of the Revised Code;	69955

(2) Support services in accordance with section 5107.66 of	69956
the Revised Code;	69957

(3) To the extent permitted by the "Fair Labor Standards Act	69958
of 1938," 52 Stat. 1060, 29 U.S.C. 201, as amended, to participate	69959
in work activities, developmental activities, and alternative work	69960
activities in accordance with sections 5107.40 to 5107.69 of the	69961
Revised Code.	69962

Sec. 5107.20. As used in this section, "support" means child	69963
support, spousal support, and support for a spouse or a former	69964
spouse.	69965

Participation in Ohio works first constitutes an assignment	69966
to the department of job and family services of any rights members	69967
of an assistance group have to support from any other person,	69968
~~excluding medical support assigned pursuant to section 5101.59 of~~	69969
~~the Revised Code~~. The rights to support assigned to the department	69970
pursuant to this section constitute an obligation of the person	69971
who is responsible for providing the support to the state for the	69972
amount of cash assistance provided to the assistance group.	69973

The office of child support in the department of job and	69974
family services shall collect and distribute support payments owed	69975
to Ohio works first participants, whether assigned to the	69976
department or unassigned, in accordance with 42 U.S.C. 654 B and	69977
657 and regulations adopted under those statutes, state statutes,	69978
and rules adopted under section 5107.05 of the Revised Code.	69979

Upon implementation of centralized collection and	69980
disbursement under Chapter 3121. of the Revised Code, in	69981
accordance with 42 U.S.C. 654 B and 657 and regulations adopted	69982
under those statutes, the department shall deposit support	69983
payments it receives pursuant to this section into the state	69984
treasury to the credit of the child support collections fund or	69985
the child support administrative fund, both of which are hereby	69986
created. Money credited to the funds shall be used to make cash	69987
assistance payments under Ohio works first.	69988

Sec. 5107.24. (A) As used in this section:

69989

(1) "Adult-supervised living arrangement" means a family	69990
setting approved, licensed, or certified by the department of job	69991
and family services, the department of ~~mental health~~mental health	69992
and addiction services, the department of developmental	69993
disabilities, the department of youth services, a public children	69994
services agency, a private child placing agency, or a private	69995
noncustodial agency that is maintained by a person age eighteen or	69996
older who assumes responsibility for the care and control of a	69997
minor parent, pregnant minor, or child of a minor parent or	69998
provides the minor parent, pregnant minor, or child of a minor	69999
parent supportive services, including counseling, guidance, and	70000
supervision. "Adult-supervised living arrangement" does not mean a	70001
public institution.	70002

(2) "Child of a minor parent" means a child born to a minor	70003
parent, except that the child ceases to be considered a child of	70004
minor parent when the minor parent attains age eighteen.	70005

(3) "Minor parent" means a parent who is under age eighteen	70006
and is not married.	70007

(4) "Pregnant minor" means a pregnant person who is under age	70008
eighteen and not married.	70009

(B)(1) Except as provided in division (B)(2) of this section	70010
and to the extent permitted by Title IV-A and federal regulations	70011
adopted under Title IV-A, a pregnant minor, minor parent, or child	70012
of a minor parent must reside in a place of residence maintained	70013
by a parent, guardian, custodian, or specified relative of the	70014
pregnant minor or minor parent as the parent's, guardian's,	70015
custodian's, or specified relative's own home to be eligible to	70016
participate in Ohio works first.	70017

(2) To the extent permitted by Title IV-A and federal	70018
regulations adopted under it, a pregnant minor, minor parent, or	70019
child of a minor parent is exempt from the requirement of division	70020
(B)(1) of this section if any of the following apply:	70021

(a) The minor parent or pregnant minor does not have a	70022
parent, guardian, custodian, or specified relative living or whose	70023
whereabouts are known.	70024

(b) No parent, guardian, custodian, or specified relative of	70025
the minor parent or pregnant minor will allow the pregnant minor,	70026
minor parent, or minor parent's child to live in the parent's,	70027
guardian's, custodian's, or specified relative's home.	70028

(c) The department of job and family services, a county	70029
department of job and family services, or a public children	70030
services agency determines that the physical or emotional health	70031
or safety of the pregnant minor, minor parent, or minor parent's	70032
child would be in jeopardy if the pregnant minor, minor parent, or	70033
minor parent's child lived in the same home as the parent,	70034
guardian, custodian, or specified relative.	70035

(d) The department of job and family services, a county	70036
department of job and family services, or a public children	70037
services agency otherwise determines that it is in the best	70038
interest of the pregnant minor, minor parent, or minor parent's	70039
child to waive the requirement of division (B)(1) of this section.	70040

(C) A pregnant minor, minor parent, or child of a minor	70041
parent exempt from the requirement of division (B)(1) of this	70042
section must reside in an adult-supervised living arrangement to	70043
be eligible to participate in Ohio works first.	70044

(D) The department of job and family services, whenever	70045
possible and to the extent permitted by Title IV-A and federal	70046
regulations adopted under it, shall provide cash assistance under	70047
Ohio works first to the parent, guardian, custodian, or specified	70048
relative of a pregnant minor or minor parent on behalf of the	70049
pregnant minor, minor parent, or minor parent's child.	70050

Sec. 5107.26. (A) As used in this section:

70051

~~(1) "Transitional~~, "transitional child care" means publicly	70052
funded child care provided under division (A)(3) of section	70053
5104.34 of the Revised Code.	70054

~~(2) "Transitional medicaid" means the medical assistance~~	70055
~~provided under section 5111.0115 of the Revised Code.~~	70056

(B) Except as provided in division (C) of this section~~, each~~:

70057

(1) Each member of an assistance group participating in Ohio	70058
works first is ineligible to participate in the program for six	70059
payment months if a county department of job and family services	70060
determines that a member of the assistance group terminated the	70061
member's employment ~~and each~~.	70062

(2) Each person who, on the day prior to the day a recipient	70063
begins to receive transitional child care ~~or transitional~~	70064
~~medicaid~~, was a member of the recipient's assistance group is	70065
ineligible to participate in Ohio works first for six payment	70066
months if a county department determines that the recipient	70067
terminated the recipient's employment.	70068

(C) No assistance group member shall lose or be denied	70069
eligibility to participate in Ohio works first pursuant to	70070
division (B) of this section if the termination of employment was	70071
because an assistance group member or recipient of transitional	70072
child care ~~or transitional medicaid~~ secured comparable or better	70073
employment or the county department of job and family services	70074
certifies that the member or recipient terminated the employment	70075
with just cause.	70076

Just cause includes the following:

70077

(1) Discrimination by an employer based on age, race, sex,	70078
color, handicap, religious beliefs, or national origin;	70079

(2) Work demands or conditions that render continued	70080
employment unreasonable, such as working without being paid on	70081
schedule;	70082

(3) Employment that has become unsuitable due to any of the	70083
following:	70084

(a) The wage is less than the federal minimum wage;

70085

(b) The work is at a site subject to a strike or lockout,	70086
unless the strike has been enjoined under section 208 of the	70087
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	70088
178, as amended, an injunction has been issued under section 10 of	70089
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	70090
amended, or an injunction has been issued under section 4117.16 of	70091
the Revised Code;	70092

(c) The documented degree of risk to the member or	70093
recipient's health and safety is unreasonable;	70094

(d) The member or recipient is physically or mentally unfit	70095
to perform the employment, as documented by medical evidence or by	70096
reliable information from other sources.	70097

(4) Documented illness of the member or recipient or of	70098
another assistance group member of the member or recipient	70099
requiring the presence of the member or recipient;	70100

(5) A documented household emergency;

70101

(6) Lack of adequate child care for children of the member or	70102
recipient who are under six years of age.	70103

Sec. 5107.42. (A) Except as provided in divisions (B) and	70104
(C) of this section, county departments of job and family services	70105
shall assign each minor head of household and adult participating	70106
in Ohio works first, other than a minor head of household	70107
participating in the LEAP program, to one or more work activities	70108
and developmental activities.	70109

If a county department assigns a minor head of household or	70110
adult to the work activity established under division (H) of	70111
section 5107.60 of the Revised Code, the county department shall	70112
make reasonable efforts to assign the minor head of household or	70113
adult to at least one other work activity at the same time. If a	70114
county department assigns a minor head of household or adult to	70115
the work activity established under section 5107.58 of the Revised	70116
Code, the county department shall assign the minor head of	70117
household or adult to at least one other work activity at the same	70118
time.	70119

A county department may not assign a minor head of household	70120
or adult to a work activity established under division (D) of	70121
section 5107.60 of the Revised Code for more than twelve months.	70122

(B) If a county department determines that a minor head of	70123
household or adult has a temporary or permanent barrier to	70124
participation in a work activity, it may assign the minor head of	70125
household or adult to one or more alternative work activities	70126
instead of assigning the minor head of household or adult to one	70127
or more work activities or developmental activities. A county	70128
department may not assign more than twenty per cent of minor heads	70129
of household and adults participating in Ohio works first to an	70130
alternative work activity.	70131

County departments shall establish standards for determining	70132
whether a minor head of household or adult has a temporary or	70133
permanent barrier to participating in a work activity. The	70134
following are examples of circumstances that a county department	70135
may consider when it develops its standards:	70136

(1) A minor head of household or adult provides the county	70137
department documented evidence that one or more members of the	70138
assistance group have been the victim of domestic violence and are	70139
in imminent danger of suffering continued domestic violence;	70140

(2) A minor head of household or adult is actively	70141
participating in ~~an alcohol or drug~~a community addiction ~~program~~	70142
services provider certified by the department of ~~alcohol and drug~~	70143
~~addiction services~~mental health and addiction services under	70144
section ~~3793.06~~5119.36 of the Revised Code;	70145

(3) An assistance group is homeless.

70146

(C) A county department may exempt a minor head of household	70147
or adult who is unmarried and caring for a minor child under	70148
twelve months of age from the work requirements of sections	70149
5107.40 to 5107.69 of the Revised Code for not more than twelve	70150
months. While exempt, the minor head of household or adult shall	70151
be disregarded in determining whether the county department is	70152
meeting the requirement of section 5107.44 of the Revised Code.	70153
The county department shall assign the exempt minor head of	70154
household or adult to at least one developmental activity for a	70155
number of hours a week the county department determines. The	70156
county department may assign the exempt minor head of household or	70157
adult to one or more work activities, in addition to developmental	70158
activities, for a number of hours the county department	70159
determines. Division (B) of section 5107.43 of the Revised Code	70160
does not apply to the exempt minor head of household or adult.	70161

(D) A county department may reassign a minor head of	70162
household or adult when the county department determines	70163
reassignment will aid the assistance group in achieving self	70164
sufficiency and personal responsibility and shall make	70165
reassignments when circumstances requiring reassignment occur,	70166
including when a temporary barrier to participating in a work	70167
activity is eliminated.	70168

A county department shall include assignments in the	70169
self-sufficiency contract entered into under section 5107.14 of	70170
the Revised Code and shall amend the contract when a reassignment	70171
is made to include the reassignment in the contract.	70172

Sec. 5107.64. County departments of job and family services	70173
shall establish and administer alternative work activities for	70174
minor heads of households and adults participating in Ohio works	70175
first. In establishing alternative work activities, county	70176
departments are not limited by the restrictions Title IV-A imposes	70177
on work activities. The following are examples of alternative work	70178
activities that a county department may establish:	70179

(A) Parenting classes and life-skills training;

70180

(B) Participation in ~~an alcohol or drug~~a community addiction	70181
~~program~~services provider certified by the department of ~~alcohol~~	70182
~~and drug addiction services~~mental health and addiction services	70183
under section ~~3793.06~~5119.36 of the Revised Code;	70184

(C) In the case of a homeless assistance group, finding a	70185
home;	70186

(D) In the case of a minor head of household or adult with a	70187
disability, active work in an individual written rehabilitation	70188
plan with the ~~rehabilitation services commission~~opportunities for	70189
Ohioans with disabilities agency;	70190

(E) In the case of a minor head of household or adult who has	70191
been the victim of domestic violence, residing in a domestic	70192
violence shelter, receiving counseling or treatment related to the	70193
domestic violence, or participating in criminal justice activities	70194
against the domestic violence offender;	70195

(F) An education program under which a participant who does	70196
not speak English attends English as a second language course.	70197

~~Sec. 3793.01.~~ Sec. 5119.01. (A) As used in this chapter:

70198

(1) "Addiction" means the chronic and habitual use of	70199
alcoholic beverages, the use of a drug of abuse as defined in	70200
section 3719.011 of the Revised Code, or the use of gambling by an	70201
individual to the extent that the individual no longer can control	70202
the individual's use of alcohol, the individual becomes physically	70203
or psychologically dependent on the drug, the individual's use of	70204
alcohol or drugs endangers the health, safety, or welfare of the	70205
individual or others, or the individual's gambling causes	70206
psychological, financial, emotional, marital, legal, or other	70207
difficulties endangering the health, safety, or welfare of the	70208
individual or others.	70209

(2) "Addiction services" means services, including	70210
intervention, for the treatment of persons with alcohol, drug, or	70211
gambling addictions, and for the prevention of such addictions.	70212

(3) "Alcohol and drug addiction services" means services,	70213
including intervention, for the treatment of alcoholics or persons	70214
who abuse drugs of abuse and for the prevention of alcoholism and	70215
drug addiction.	70216

(4) "Alcoholic" means a person suffering from alcoholism.

70217

(5) "Alcoholism" means the chronic and habitual use of	70218
alcoholic beverages by an individual to the extent that the	70219
individual no longer can control the individual's use of alcohol	70220
or endangers the health, safety, or welfare of the individual or	70221
others.	70222

~~(2) "Alcoholic" means a person suffering from alcoholism.~~

70223

~~(3)~~(6) "Community addiction services provider" means an	70224
agency, association, corporation, individual, or program that	70225
provides community alcohol, drug addiction, or gambling addiction	70226
services that are certified by the department of mental health and	70227
addiction services under section 5119.36 of the Revised Code.	70228

(7) "Community mental health services provider" means an	70229
agency, association, corporation, individual, or program that	70230
provides community mental health services that are certified by	70231
the department of mental health and addiction services under	70232
section 5119.36 of the Revised Code.	70233

(8) "Drug addiction" means the use of a drug of abuse, as	70234
defined in section 3719.011 of the Revised Code, by an individual	70235
to the extent that the individual becomes physically or	70236
psychologically dependent on the drug or endangers the health,	70237
safety, or welfare of the individual or others.	70238

~~(4) "Alcohol and drug addiction services" means services,~~	70239
~~including intervention, for the treatment of alcoholics or persons~~	70240
~~who abuse drugs of abuse and for the prevention of alcoholism and~~	70241
~~drug addiction.~~	70242

~~(5) "Alcohol and drug addiction program" means a program that~~	70243
~~provides alcohol or drug addiction services and includes a~~	70244
~~facility or entity that operates such a program.~~	70245

~~(6)~~(9) "Gambling addiction" means the use of gambling by an	70246
individual to the extent that it causes psychological, financial,	70247
emotional, marital, legal, or other difficulties endangering the	70248
health, safety, or welfare of the individual or others.	70249

~~(7)~~(10) "Gambling addiction services" means services for the	70250
treatment of persons who have a gambling addiction and for the	70251
prevention of gambling addiction.	70252

(11) "Hospital" means a hospital or inpatient unit licensed	70253
by the department of mental health and addiction services under	70254
section 5119.33 of the Revised Code, and any institution,	70255
hospital, or other place established, controlled, or supervised by	70256
the department under Chapter 5119. of the Revised Code.	70257

(12) "Mental illness" means a substantial disorder of	70258
thought, mood, perception, orientation, or memory that grossly	70259
impairs judgment, behavior, capacity to recognize reality, or	70260
ability to meet the ordinary demands of life.	70261

(13) "Mental health services" means services for the	70262
assessment, care, or treatment of persons who have a mental	70263
illness as defined in section 5122.01 of the Revised Code.	70264

(14)(a) "Residence" means a person's physical presence in a	70265
county with intent to remain there, except in either of the	70266
following circumstances:	70267

(i) If a person is receiving a mental health service at a	70268
facility that includes nighttime sleeping accommodations,	70269
"residence" means that county in which the person maintained the	70270
person's primary place of residence at the time the person entered	70271
the facility;	70272

(ii) If a person is committed pursuant to section 2945.38,	70273
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	70274
"residence" means the county where the criminal charges were	70275
filed.	70276

(b) When the residence of a person is disputed, the matter of	70277
residence shall be referred to the department of mental health and	70278
addiction services for investigation and determination. Residence	70279
shall not be a basis for a board of alcohol, drug addiction, and	70280
mental health services to deny services to any person present in	70281
the board's service district, and the board shall provide services	70282
for a person whose residence is in dispute while residence is	70283
being determined and for a person in an emergency situation.	70284

(B) Any reference in this chapter to a board of alcohol, drug	70285
addiction, and mental health services also refers to an alcohol	70286
and drug addiction services board or a community mental health	70287
board in a service district in which an alcohol and drug addiction	70288
services board or a community mental health board has been	70289
established under section 340.021 of the Revised Code.	70290

Sec. 5119.04. The department of ~~mental health~~mental health	70291
and addiction services and any institutions under its supervision	70292
or jurisdiction shall, where applicable, be in substantial	70293
compliance with standards set forth for psychiatric facilities by	70294
the joint commission ~~on accreditation of healthcare organizations~~	70295
or medical assistance standards under Title XIX of the "Social	70296
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or	70297
other applicable standards~~, except that the department and any~~	70298
~~institution under its supervision or jurisdiction shall be in~~	70299
~~substantial compliance with standards for physical facilities and~~	70300
~~equipment by July 1, 1989. The requirements of this section do not~~	70301
~~apply to any facility designated by the director of mental health~~	70302
~~for use as a psychiatric rehabilitation center~~.	70303

The requirements of this section are in addition to any other	70304
requirements established by the Revised Code and nothing in this	70305
section shall be construed to limit any rights, privileges,	70306
protections, or immunities which may exist under the constitution	70307
and laws of the United States or this state.	70308

~~Sec. 5119.27.~~ Sec. 5119.05. Subject to the rules of the director	70309
of ~~mental health~~mental health and addiction services, each	70310
institution under the jurisdiction of the department shall be	70311
under the management and control of a managing officer to be known	70312
as a ~~superintendent~~chief executive officer or by another	70313
appropriate title. Such managing officer shall be appointed by the	70314
director of ~~mental health~~mental health and addiction services,	70315
and shall be in the unclassified service and serve at the pleasure	70316
of the director. Each managing officer shall be of good moral	70317
character and have skill, ability, and experience in ~~his~~the	70318
managing officer's profession. ~~Appointment to this position may be~~	70319
~~made from persons holding positions in the classified service in~~	70320
~~the department.~~	70321

The managing officer, under the director, shall ~~have entire~~	70322
~~executive charge~~serve as the appointing authority of the	70323
institution ~~for~~to which such managing officer is appointed.	70324
Subject to civil service rules, the managing officer shall have	70325
the power to appoint ~~the necessary~~and remove employees ~~and he or~~	70326
~~the director may remove such employees for cause~~of the	70327
institution. On behalf of the institution, the managing officer	70328
has the authority and responsibility for entering into contracts	70329
and other agreements for the efficient operations of the	70330
institution.	70331

~~Sec. 5119.44.~~ Sec. 5119.051. The department of ~~mental health~~	70332
mental health and addiction services shall keep in its office a	70333
proper and complete set of books and accounts with each	70334
institution, which shall clearly show the nature and amount of	70335
every expenditure authorized and made at such institution, and	70336
which shall contain an account of all appropriations made by the	70337
general assembly and of all other funds, together with the	70338
disposition of such funds.	70339

The department shall prescribe the form of vouchers, records,	70340
and methods of keeping accounts at each of the institutions, which	70341
shall be as nearly uniform as possible. The department may examine	70342
the records of each institution at any time.	70343

The department may authorize any of its ~~bookeepers~~	70344
bookkeepers, accountants, or employees to examine and check the	70345
records, accounts, and vouchers or take an inventory of the	70346
property of any institution, or do whatever is necessary, and pay	70347
the actual and reasonable expenses incurred in such service when	70348
an itemized account is filed and approved.	70349

~~Sec. 5119.43.~~ Sec. 5119.06. The department of ~~mental health~~mental	70350
health and addiction services shall keep in its office, accessible	70351
only to its employees, except by the consent of the department or	70352
the order of the judge of a court of record, a record showing the	70353
name, residence, sex, age, nativity, occupation, condition, and	70354
date of entrance or commitment of every patient in the	70355
institutions governed by it, the date, cause, and terms of	70356
discharge and the condition of such person at the time of leaving,	70357
and also a record of all transfers from one institution to	70358
another, and, if such person dies while in the care or custody of	70359
the department, the date and cause of death. These and such other	70360
facts as the department requires shall be furnished by the	70361
managing officer of each institution within twenty-four hours	70362
after the commitment, entrance, death, or discharge of a patient.	70363

In case of an accident or injury or peculiar death of a	70364
patient the managing officer shall make a special report to the	70365
department within twenty-four hours thereafter, giving the	70366
circumstances as fully as possible.	70367

~~Sec. 5119.42.~~ Sec. 5119.07. A person, firm, or corporation may	70368
file a petition in the court of common pleas of the county in	70369
which a benevolent institution of the department of health and	70370
addiction services is located, in which petition the desire to	70371
erect or carry on at a less distance than that prescribed in	70372
section 3767.19 of the Revised Code shall be set forth, the	70373
business prohibited, the precise point of its establishment, and	70374
the reasons and circumstances, in its opinion, why the erection or	70375
carrying on ~~thereof~~of the business would not annoy or endanger	70376
the health, convenience, or recovery of the patients of such	70377
institution. The petitioner shall give notice in a newspaper of	70378
general circulation in the county of the pendency and prayer of	70379
the petition for at least six consecutive weeks before the day set	70380
for hearing the petition and serve a written notice upon the	70381
~~superintendent~~managing officer of the institution at least thirty	70382
days before the day set for hearing the petition.	70383

If, upon the hearing of the petition, it appears that the	70384
notice has been given as required and the court is of the opinion	70385
that no good reason exists why such establishment may not be	70386
erected or such business carried on and that by the erection or	70387
carrying on ~~thereof~~of the business at the point named, the	70388
institution will sustain no detriment, the court may issue an	70389
order granting the prayer of the petitioner. Thereafter the	70390
petitioner may locate such establishment or carry on such business	70391
at the point named in the petition.	70392

~~Sec. 5119.14.~~ Sec. 5119.08. (A) As used in this section, "felony"	70393
has the same meaning as in section 109.511 of the Revised Code.	70394

(B)(1) Subject to division (C) of this section, upon the	70395
recommendation of the director of ~~mental health~~mental health and	70396
addiction services, the managing officer of an institution under	70397
the jurisdiction of the department of ~~mental health~~mental health	70398
and addiction services may designate one or more employees to be	70399
special police officers of the department. The special police	70400
officers shall take an oath of office, wear the badge of office,	70401
and give bond for the proper and faithful discharge of their	70402
duties in an amount that the director requires.	70403

(2) In accordance with section 109.77 of the Revised Code,	70404
the special police officers shall be required to complete	70405
successfully a peace officer basic training program approved by	70406
the Ohio peace officer training commission and to be certified by	70407
the commission. The cost of the training shall be paid by the	70408
department of ~~mental health~~mental health and addiction services.	70409

(3) Special police officers, on the premises of institutions	70410
under the jurisdiction of the department of ~~mental health~~mental	70411
health and addiction services and subject to the rules of the	70412
department, shall protect the property of the institutions and the	70413
persons and property of patients in the institutions, suppress	70414
riots, disturbances, and breaches of the peace, and enforce the	70415
laws of the state and the rules of the department for the	70416
preservation of good order. They may arrest any person without a	70417
warrant and detain the person until a warrant can be obtained	70418
under the circumstances described in division (F) of section	70419
2935.03 of the Revised Code.	70420

(C)(1) The managing officer of an institution under the	70421
jurisdiction of the department of ~~mental health~~mental health and	70422
addiction services shall not designate an employee as a special	70423
police officer of the department pursuant to division (B)(1) of	70424
this section on a permanent basis, on a temporary basis, for a	70425
probationary term, or on other than a permanent basis if the	70426
employee previously has been convicted of or has pleaded guilty to	70427
a felony.	70428

(2)(a) The managing officer of an institution under the	70429
jurisdiction of the department of ~~mental health~~mental health and	70430
addiction services shall terminate the employment as a special	70431
police officer of the department of an employee designated as a	70432
special police officer under division (B)(1) of this section if	70433
that employee does either of the following:	70434

(i) Pleads guilty to a felony;

70435

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	70436
plea agreement as provided in division (D) of section 2929.43 of	70437
the Revised Code in which the employee agrees to surrender the	70438
certificate awarded to that employee under section 109.77 of the	70439
Revised Code.	70440

(b) The managing officer shall suspend from employment as a	70441
special police officer of the department an employee designated as	70442
a special police officer under division (B)(1) of this section if	70443
that employee is convicted, after trial, of a felony. If the	70444
special police officer files an appeal from that conviction and	70445
the conviction is upheld by the highest court to which the appeal	70446
is taken or if the special police officer does not file a timely	70447
appeal, the managing officer shall terminate the employment of	70448
that special police officer. If the special police officer files	70449
an appeal that results in that special police officer's acquittal	70450
of the felony or conviction of a misdemeanor, or in the dismissal	70451
of the felony charge against that special police officer, the	70452
managing officer shall reinstate that special police officer. A	70453
special police officer of the department who is reinstated under	70454
division (C)(2)(b) of this section shall not receive any back pay	70455
unless that special police officer's conviction of the felony was	70456
reversed on appeal, or the felony charge was dismissed, because	70457
the court found insufficient evidence to convict the special	70458
police officer of the felony.	70459

(3) Division (C) of this section does not apply regarding an	70460
offense that was committed prior to January 1, 1997.	70461

(4) The suspension from employment, or the termination of the	70462
employment, of a special police officer under division (C)(2) of	70463
this section shall be in accordance with ~~Chapter 119. of the~~	70464
~~Revised Code~~applicable collective bargaining agreements.	70465

~~Sec. 5119.30.~~ Sec. 5119.09. The attorney general shall attend to	70466
all ~~suits~~claims instituted on behalf of or against the department	70467
of mental health and addiction services or any institution under	70468
the jurisdiction of the department ~~of mental health~~ and the	70469
managing officer thereof, except such institutions as are	70470
privately owned or operated under a license from the department of	70471
~~mental health~~mental health and addiction services, and shall	70472
represent the public hospital in proceedings under section 5122.15	70473
of the Revised Code. The department of ~~mental health~~mental health	70474
and addiction services shall reimburse the attorney general for	70475
the compensation of assistant attorneys general required to	70476
represent the public hospital in proceedings under section 5122.15	70477
of the Revised code and shall also pay the costs of litigation	70478
incurred by the attorney general under that section.	70479

If a writ of habeas corpus is applied for, the clerk of the	70480
court shall give notice of the time and place of hearing to the	70481
attorney general.	70482

~~Sec. 5119.01.~~ Sec. 5119.10. (A) The director of ~~mental health~~	70483
mental health and addiction services is the chief executive and	70484
~~administrative officer~~appointing authority of the department of	70485
~~mental health~~mental health and addiction services. The director	70486
may organize the department for its efficient operation, including	70487
creating divisions or offices as necessary. The director may	70488
establish procedures for the governance of the department, conduct	70489
of its employees and officers, performance of its business, and	70490
custody, use, and preservation of departmental records, papers,	70491
books, documents, and property. Whenever the Revised Code imposes	70492
a duty upon or requires an action of the department or any of its	70493
institutions, the director or the director's designee shall	70494
perform the action or duty in the name of the department, except	70495
that the medical director appointed pursuant to section ~~5119.07~~	70496
5119.11 of the Revised Code shall be responsible for decisions	70497
relating to medical diagnosis, treatment, rehabilitation, quality	70498
assurance, and the clinical aspects of the following: licensure of	70499
hospitals and residential facilities, research, community ~~mental~~	70500
~~health~~ plans, and certification and delivery of mental health and	70501
addiction services.	70502

(B) The director shall:

70503

~~(A)~~(1) Adopt rules for the proper execution of the powers and	70504
duties of the department with respect to the institutions under	70505
its control, and require the performance of additional duties by	70506
the officers of the institutions as necessary to fully meet the	70507
requirements, intents, and purposes of this chapter. In case of an	70508
apparent conflict between the powers conferred upon any managing	70509
officer and those conferred by such sections upon the department,	70510
the presumption shall be conclusive in favor of the department.	70511

~~(B)~~(2) Adopt rules for the nonpartisan management of the	70512
institutions under the department's control. An officer or	70513
employee of the department or any officer or employee of any	70514
institution under its control who, by solicitation or otherwise,	70515
exerts influence directly or indirectly to induce any other	70516
officer or employee of the department or any of its institutions	70517
to adopt the exerting officer's or employee's political views or	70518
to favor any particular person, issue, or candidate for office	70519
shall be removed from the exerting officer's or employee's office	70520
or position, by the department in case of an officer or employee,	70521
and by the governor in case of the director.	70522

~~(C)~~(3) Appoint such employees, including the medical	70523
director, as are necessary for the efficient conduct of the	70524
department, and prescribe their titles and duties;	70525

~~(D)~~(4) Prescribe the forms of affidavits, applications,	70526
medical certificates, orders of hospitalization and release, and	70527
all other forms, reports, and records that are required in the	70528
hospitalization or admission and release of all persons to the	70529
institutions under the control of the department, or are otherwise	70530
required under this chapter or Chapter 5122. of the Revised Code;	70531

~~(E) Contract with hospitals licensed by the department under~~	70532
~~section 5119.20 of the Revised Code for the care and treatment of~~	70533
~~mentally ill patients, or with persons, organizations, or agencies~~	70534
~~for the custody, evaluation, supervision, care, or treatment of~~	70535
~~mentally ill persons receiving services elsewhere than within the~~	70536
~~enclosure of a hospital operated under section 5119.02 of the~~	70537
~~Revised Code;~~	70538

~~(F)~~(5) Exercise the powers and perform the duties relating to	70539
community mental health facilities and services that are assigned	70540
to the director under this chapter and Chapter 340. of the Revised	70541
Code;	70542

~~(G)~~(6) Develop and implement clinical evaluation and	70543
monitoring of services that are operated by the department;	70544

~~(H)~~(7) Adopt rules establishing standards for the performance	70545
of evaluations by a forensic center or other psychiatric program	70546
or facility of the mental condition of defendants ordered by the	70547
court under section 2919.271, or 2945.371 of the Revised Code, and	70548
for the treatment of defendants who have been found incompetent to	70549
stand trial and ordered by the court under section 2945.38,	70550
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	70551
treatment in facilities;	70552

~~(I)~~(8) On behalf of the department, have the authority and	70553
responsibility for entering into contracts and other agreements;	70554
with providers, agencies, institutions, and other entities, both	70555
public and private, as necessary for the department to carry out	70556
its duties under this chapter and Chapters 340., 2919., 2945., and	70557
5122. of the Revised Code. Chapter 125. of the Revised Code does	70558
not apply to contracts the director enters into under this section	70559
for services provided to individuals with mental illness by	70560
providers, agencies, institutions, and other entities not owned or	70561
operated by the department.	70562

~~(J) Prepare and publish regularly a state mental health plan~~	70563
~~that describes the department's philosophy, current activities,~~	70564
~~and long-term and short-term goals and activities;~~	70565

~~(K)~~(9) Adopt rules in accordance with Chapter 119. of the	70566
Revised Code specifying the supplemental services that may be	70567
provided through a trust authorized by section 5815.28 of the	70568
Revised Code;	70569

~~(L)~~(10) Adopt rules in accordance with Chapter 119. of the	70570
Revised Code establishing standards for the maintenance and	70571
distribution to a beneficiary of assets of a trust authorized by	70572
section 5815.28 of the Revised Code.	70573

(C) The director may contract with hospitals licensed by the	70574
department under section 5119.33 of the Revised Code for the care	70575
and treatment of mentally ill patients, or with persons,	70576
organizations, or agencies for the custody, evaluation,	70577
supervision, care, or treatment of mentally ill persons receiving	70578
services elsewhere than within the enclosure of a hospital	70579
operated under section 5119.14 of the Revised Code.	70580

~~Sec. 5119.07.~~ Sec. 5119.11. (A) The director of ~~mental health~~	70581
mental health and addiction services shall appoint a medical	70582
director who ~~is a psychiatrist as defined in division (E) of~~	70583
~~section 5122.01 of the Revised Code,~~ is eligible or certified by	70584
the American board of psychiatry and neurology or the American	70585
osteopathic board of neurology and psychiatry, and has at least	70586
five years of clinical and two years of administrative experience.	70587
The medical director shall also have certification or substantial	70588
training and experience in the field of addiction medicine or	70589
addiction psychiatry. The medical director shall be responsible	70590
for decisions relating to medical diagnosis, treatment,	70591
prevention, rehabilitation, quality assurance, and the clinical	70592
aspects of mental health and addiction services involving all of	70593
the following: ~~licensure~~	70594

(1) Licensure of hospitals ~~and~~, residential facilities,	70595
~~research, community mental health~~and outpatient facilities;	70596

(2) Research;

70597

(3) Community plans,;

70598

(4) Certification and delivery of mental health and addiction	70599
services. ~~The~~	70600

(B) The medical director shall also exercise clinical	70601
supervision of the chief clinical officers of hospitals and	70602
institutions under the jurisdiction of the department and shall	70603
review and approve decisions relating to the employment of the	70604
chief clinical officers. The medical director or ~~his~~the medical	70605
director's designee shall advise the director on matters relating	70606
to licensure, research, ~~community mental health plans,~~ and the	70607
certification and delivery of mental health and addiction services	70608
and community plans. The medical director shall participate in the	70609
development of guidelines for community plans. The director of	70610
~~mental health~~mental health and addiction services may establish	70611
other duties of the medical director. ~~The medical director shall~~	70612
~~participate in the development of guidelines for community mental~~	70613
~~health plans.~~	70614

~~Sec. 5119.02.~~ Sec. 5119.14. (A) The department of ~~mental health~~	70615
mental health and addiction services shall maintain, operate,	70616
manage, and govern state institutions and other services for the	70617
care and treatment of mentally ill persons.	70618

(B)(1) The department of ~~mental health~~mental health and	70619
addiction services may, with the approval of the governor,	70620
designate ~~all~~the name and purpose of any institutions under its	70621
jurisdiction ~~by appropriate respective names, regardless of~~	70622
~~present statutory designation~~and may change, with the approval of	70623
the governor, the designation and name when necessary.	70624

~~(C)~~(2) The department shall divide the state into districts	70625
for the purpose of designating the institution in which mentally	70626
ill persons are hospitalized and may change the districts.	70627

(3) Subject to section 5139.08 and pursuant to Chapter 5122.	70628
of the Revised Code and on the agreement of the departments of	70629
~~mental health~~mental health and addiction services and youth	70630
services, the department of ~~mental health~~mental health and	70631
addiction services may receive from the department of youth	70632
services for psychiatric observation, diagnosis, or treatment any	70633
person eighteen years of age or older in the custody of the	70634
department of youth services. The departments shall enter into a	70635
written agreement specifying the procedures necessary to implement	70636
this division.	70637

~~(D)~~(B) The department of ~~mental health~~mental health and	70638
addiction services shall designate hospitals, facilities, and	70639
community mental health agencies for the custody, care, and	70640
special treatment of, and authorize payment for such custody,	70641
care, and special treatment provided to, persons who are charged	70642
with a crime and who are found incompetent to stand trial or not	70643
guilty by reason of insanity.	70644

~~(E)~~(C) The department of ~~mental health~~mental health and	70645
addiction services may do ~~all~~any of the following:	70646

(1) Require reports from the managing officer of any	70647
institution under the department's jurisdiction, relating to the	70648
admission, examination, comprehensive evaluation, diagnosis,	70649
release, or discharge of any patient;	70650

(2) Visit each institution regularly to review its operations	70651
and to investigate complaints made by any patient or by any person	70652
on behalf of a patient, provided these duties may be performed by	70653
a person designated by the director.	70654

~~(F) The department of mental health shall divide the state~~	70655
~~into districts for the purpose of designating the institution in~~	70656
~~which mentally ill persons are hospitalized, and may change the~~	70657
~~districts.~~	70658

~~(G)~~(D) The department of mental health and addiction services	70659
may provide or contract to provide addiction services for	70660
offenders incarcerated in the state prison system.	70661

(E) In addition to the powers expressly conferred, the	70662
department of ~~mental health~~mental health and addiction services	70663
shall have all powers and authority necessary for the full and	70664
efficient exercise of the executive, administrative, and fiscal	70665
supervision over the state institutions described in this section.	70666

~~(H) The department of mental health may provide for the~~	70667
~~custody, supervision, control, treatment, and training of mentally~~	70668
~~ill persons hospitalized elsewhere than within the enclosure of a~~	70669
~~hospital, if the department so determines with respect to any~~	70670
~~individual or group of individuals. In all such cases, the~~	70671
~~department shall ensure adequate and proper supervision for the~~	70672
~~protection of such persons and of the public.~~	70673

~~Sec. 5119.012.~~ Sec. 5119.141. The department of ~~mental health~~	70674
mental health and addiction services has all the authority	70675
necessary to carry out its powers and duties under this chapter	70676
and Chapters 340., 2919., 2945., and 5122. of the Revised Code,	70677
including the authority to adopt rules pursuant to Chapter 119. of	70678
the Revised Code that may be necessary to carry out the purposes	70679
of this chapter and Chapters 340., 2919., 2945., and 5122. of the	70680
Revised Code.	70681

~~Sec. 5119.24.~~ Sec. 5119.15. The department of ~~mental health~~mental	70682
health and addiction services may make such investigations as are	70683
necessary in the performance of its duties and to that end the	70684
director of ~~mental health~~mental health and addiction services	70685
shall have the same power as a judge of a county court to	70686
administer oaths and to enforce the attendance and testimony of	70687
witnesses and the production of books or papers.	70688

The department shall keep a record of such investigations	70689
stating the time, place, charges or subject, witnesses summoned	70690
and examined, and its conclusions.	70691

In matters involving the conduct of an officer, a	70692
stenographic report of the evidence shall be taken and a copy of	70693
such report, with all documents introduced, kept on file at the	70694
office of the department.	70695

The fees of witnesses for attendance and travel shall be the	70696
same as in the court of common pleas, but no officer or employee	70697
of the institution under investigation is entitled to such fees.	70698

Any judge of the probate court or of the court of common	70699
pleas, upon application of the department, may compel the	70700
attendance of witnesses, the production of books or papers, and	70701
the giving of testimony before the department, by a judgment for	70702
contempt or otherwise, in the same manner as in cases before such	70703
courts.	70704

The department of ~~mental health~~mental health and addiction	70705
services may appoint and commission any competent agency or	70706
person, to serve without compensation, as a special agent,	70707
investigator, or representative to perform a designated duty for	70708
the department. Specific credentials shall be given by the	70709
department to each person so designated. Each credential shall	70710
state the:	70711

(A) Name of the agent, investigator, or representative;

70712

(B) Agency with which such person is connected;

70713

70714

(D) Date of expiration of appointment;

70715

(E) Such information as the department considers proper.

70716

~~Sec. 3793.051.~~ Sec. 5119.161. The department of ~~alcohol and drug~~	70717
~~addiction services~~mental health and addiction services, in	70718
conjunction with the department of job and family services, shall	70719
develop a joint state plan to improve the accessibility and	70720
timeliness of alcohol and drug addiction services for individuals	70721
identified by a public children services agency as in need of	70722
those services. The plan shall address the fact that Ohio works	70723
first participants may be among the persons receiving services	70724
under section 340.15 of the Revised Code and shall require the	70725
department of job and family services to seek federal funds	70726
available under Title IV-A of the "Social Security Act," 49 Stat.	70727
620 (1935), 42 U.S.C.A. 301, as amended, for the provision of the	70728
services to Ohio works first participants who are receiving	70729
services under section 340.15 of the Revised Code.	70730

The plan shall address the need and manner for sharing	70731
information and include a request for the general assembly to	70732
appropriate an amount of funds specified in the report to be used	70733
by the departments to pay for services under section 340.15 of the	70734
Revised Code. The departments shall review and amend the plan as	70735
necessary.	70736

Not later than the first day of July of each even-numbered	70737
year, the departments shall submit a report on the progress made	70738
under the joint state plan to the governor, president of the	70739
senate, and speaker of the house of representatives. The report	70740
shall include information on treatment capacity, needs	70741
assessments, and number of individuals who received services	70742
pursuant to section 340.15 of the Revised Code.	70743

~~Sec. 3793.15.~~ Sec. 5119.17. (A) The department of ~~alcohol and drug~~	70744
~~addiction services~~mental health and addiction services, in	70745
accordance with division (B) of this section, shall give priority	70746
to developing, and promptly shall develop, with available public	70747
and private resources a program that does all of the following:	70748

(1) Provides a manner of identifying the aggregate number of	70749
pregnant women in this state who are addicted to a drug of abuse;	70750

(2) Provides for an effective means of intervention to	70751
eliminate the addiction of pregnant women to drugs of abuse prior	70752
to the birth of their children;	70753

(3) Provides for the continued monitoring of women who were	70754
addicted to a drug of abuse during their pregnancies, after the	70755
birth of their children, and for the availability of treatment and	70756
rehabilitation for those women;	70757

(4) Provides a manner of determining the aggregate number of	70758
children who are born in this state to women who are addicted, at	70759
the time of birth, to a drug of abuse, and of children who are	70760
born in this state with an addiction to or a dependency on a drug	70761
of abuse;	70762

(5) Provides for the continued monitoring of children who are	70763
born in this state to women who are addicted, at the time of	70764
birth, to a drug of abuse, or who are born in this state with an	70765
addiction to or dependency on a drug of abuse, after their birth;	70766

(6) Provides for the treatment and rehabilitation of any	70767
child who is born to a woman who is addicted, at the time of	70768
birth, to a drug of abuse, and of any child who is born with an	70769
addiction to or dependency on a drug of abuse.	70770

(B) In developing the program described in division (A) of	70771
this section, the department may obtain information from the	70772
department of health and the department of job and family	70773
services, and those departments shall cooperate with the	70774
department of ~~alcohol and drug addiction services~~mental health	70775
and addiction services in its development and implementation of	70776
the program.	70777

(C) Immediately upon its development of the program described	70778
in division (A) of this section, the department shall implement	70779
the program.	70780

(D) Any record or information that is obtained or maintained	70781
by the department in connection with the program described in	70782
division (A) of this section and could enable the identification	70783
of any woman or child described in division (A)(1) or (4) of this	70784
section is not a public record subject to inspection or copying	70785
under section 149.43 of the Revised Code.	70786

~~Sec. 5119.071.~~ Sec. 5119.18. An appointing authority may appoint a	70787
person who holds a certified or permanent position in the	70788
classified service within the department of ~~mental health~~mental	70789
health and addiction services to a position in the unclassified	70790
service within the department. A person appointed pursuant to this	70791
section to a position in the unclassified service shall retain the	70792
right to resume the position and status held by the person in the	70793
classified service immediately prior to the person's appointment	70794
to the position in the unclassified service, ~~regardless of the~~	70795
~~number of positions the person held in the unclassified service.~~	70796
~~An employee's right to resume a position in the classified service~~	70797
~~may only be exercised when an appointing authority demotes the~~	70798
~~employee to a pay range lower than the employee's current pay~~	70799
~~range or revokes the employee's appointment to the unclassified~~	70800
~~service. An employee forfeits the right to resume a position in~~	70801
~~the classified service when the employee is removed from the~~	70802
~~position in the unclassified service due to incompetence,~~	70803
~~inefficiency, dishonesty, drunkenness, immoral conduct,~~	70804
~~insubordination, discourteous treatment of the public, neglect of~~	70805
~~duty, violation of this chapter or Chapter 124. of the Revised~~	70806
~~Code, violation of the rules of the director of administrative~~	70807
~~services or the director of mental health, any other failure of~~	70808
~~good behavior, any other acts of misfeasance, malfeasance, or~~	70809
~~nonfeasance in office, or conviction of a felony. An employee also~~	70810
~~forfeits the right to resume a position in the classified service~~	70811
~~upon transfer to a different agency.~~	70812

~~Reinstatement to a position in the classified service shall~~	70813
~~be to a position substantially equal to that position in the~~	70814
~~classified service held previously, as certified by the director~~	70815
~~of administrative services. If the position the person previously~~	70816
~~held in the classified service has been placed in the unclassified~~	70817
~~service or is otherwise unavailable, the person shall be appointed~~	70818
~~to a position in the classified service within the department that~~	70819
~~the director of administrative services certifies is comparable in~~	70820
~~compensation to the position the person previously held in the~~	70821
~~classified service. Service in the position in the unclassified~~	70822
~~service shall be counted as service in the position in the~~	70823
~~classified service held by the person immediately prior to the~~	70824
~~person's appointment to the position in the unclassified service.~~	70825
~~When a person is reinstated to a position in the classified~~	70826
~~service as provided in this section, the person is entitled to all~~	70827
~~rights, status, and benefits accruing to the position in the~~	70828
~~classified service during the person's time of service in the~~	70829
~~position in the unclassified service~~pursuant to division (D) of	70830
section 124.11 of the Revised Code.	70831

~~Sec. 5119.072.~~ Sec. 5119.181. (A) No appointing officer shall	70832
appoint a person to fill a position in either the classified or	70833
unclassified service of the department of ~~mental health~~mental	70834
health and addiction services if the person has been convicted of	70835
or pleaded guilty to a violation of the following:	70836

(1) Any felony contained in the Revised Code, if the felony	70837
bears a direct and substantial relationship to the position being	70838
filled;	70839

(2) Any crime contained in the Revised Code constituting a	70840
misdemeanor of the first degree on the first offense and a felony	70841
on subsequent offenses, if the crime bears a direct and	70842
substantial relationship to the position being filled;	70843

(3) An existing or former law of this state, any other state,	70844
or the United States, if the law violated is substantially	70845
equivalent to any of the offenses described in division (A)(1) or	70846
(2) of this section.	70847

(B) The director of ~~mental health~~mental health and addiction	70848
services shall adopt rules, in accordance with Chapter 119. of the	70849
Revised Code, to implement this section.	70850

(C) The director or an appointing officer shall request the	70851
bureau of criminal identification and investigation created by	70852
section 109.51 of the Revised Code or, at ~~his~~the director's or	70853
appointing officer's discretion, any other state or federal	70854
agency, to supply ~~him~~the director or appointing officer with a	70855
written report regarding the criminal records of any applicant.	70856
For each investigation undertaken at the department's request	70857
under this section, the department shall pay a reasonable fee to	70858
the bureau or other state or federal agency conducting the	70859
investigation. The amount of the fee shall be determined by the	70860
bureau or other state or federal agency conducting the	70861
investigation and shall be sufficient to cover the costs of	70862
conducting the investigation. The report made by the bureau or	70863
other state or federal agency is not a public record for purposes	70864
of section 149.43 of the Revised Code and shall not be made	70865
available to any person, except the applicant, the appointing	70866
officer or ~~his designee~~the appointing officer's designees, or any	70867
hearing officer involved in a case denying employment.	70868

(D) As used in this section, "applicant" means a person who	70869
is under final consideration for appointment to a position in the	70870
classified or unclassified service of the department of ~~mental~~	70871
~~health~~mental health and addiction services.	70872

~~Sec. 5119.08.~~ Sec. 5119.182. The department of ~~mental health shall~~	70873
mental health and addiction services may require any of its	70874
employees and each officer and employee of every institution under	70875
its control who may be charged with custody or control of any	70876
money or property belonging to the state or who is required to	70877
give bond, to give a surety company bond, properly conditioned, in	70878
a sum to be fixed by the department which when approved by the	70879
department, shall be filed in the office of the secretary of	70880
state. The cost of such bonds, when approved by the department,	70881
shall be paid from funds available for the department. The bonds	70882
required or authorized by this section may, in the discretion of	70883
the director of ~~mental health~~mental health and addiction	70884
services, be individual, schedule, or blanket bonds.	70885

~~Sec. 5119.10.~~ Sec. 5119.184. The department of ~~mental health~~	70886
mental health and addiction services may provide educational	70887
grants or tuition reimbursements to upgrade the education,	70888
training, and professional achievement of its employees, whenever	70889
it determines that provision of such grants or reimbursements is	70890
essential to the achievement of its goals. The department may	70891
enter into agreements with its employees for the purposes of this	70892
section. The agreements may require, as a condition of each grant	70893
or reimbursement, that the employee continue employment with the	70894
department or with another federal, state, or local public agency	70895
designated by the department for a period of time stated in the	70896
agreement. If an employee does not fulfill the employment	70897
requirement stated in the agreement, the department may take	70898
action to recover the amount of all educational grants or tuition	70899
reimbursements paid to the employee under this section, plus	70900
interest at the rate of ten per cent per year calculated from the	70901
date of payment of each grant or reimbursement.	70902

~~Sec. 5119.101.~~ Sec. 5119.185. (A) As used in this section,	70903
"physician" means an individual authorized under Chapter 4731. of	70904
the Revised Code to practice medicine and surgery or osteopathic	70905
medicine and surgery.	70906

(B) The department of ~~mental health~~mental health and	70907
addiction services may establish a physician recruitment program	70908
under which the department agrees to repay all or part of the	70909
principal and interest of a government or other educational loan	70910
incurred by a physician who agrees to provide services to	70911
inpatients and outpatients of institutions under the department's	70912
administration. To be eligible to participate in the program, a	70913
physician must have attended a school that was, at the time of	70914
attendance, a medical school or osteopathic medical school in this	70915
country accredited by the liason committee on medical education or	70916
the American osteopathic association, or a medical school or	70917
osteopathic medical school located outside this country that was	70918
acknowledged by the world health organization and verified by a	70919
member state of that organization as operating within that state's	70920
jurisdiction.	70921

(C) The department shall enter into a contract with each	70922
physician it recruits under this section. Each contract shall	70923
include at least the following terms:	70924

(1) The physician agrees to provide a specified scope of	70925
medical or osteopathic medical services for a specified number of	70926
hours per week and a specified number of years to patients of one	70927
or more specified institutions administered by the department.	70928

(2) The department agrees to repay all or a specified portion	70929
of the principal and interest of a government or other educational	70930
loan taken by the physician for the following expenses if the	70931
physician meets the service obligation agreed to and the expenses	70932
were incurred while the physician was enrolled in, for up to a	70933
maximum of four years, a school that qualifies the physician to	70934
participate in the program:	70935

(a) Tuition;

70936

(b) Other educational expenses for specific purposes,	70937
including fees, books, and laboratory expenses, in amounts	70938
determined to be reasonable in accordance with rules adopted under	70939
division (D) of this section;	70940

(c) Room and board, in an amount determined to be reasonable	70941
in accordance with rules adopted under division (D) of this	70942
section.	70943

(3) The physician agrees to pay the department a specified	70944
amount, which shall be not less than the amount already paid by	70945
the department pursuant to its agreement, as damages if hethe	70946
physician fails to complete the service obligation agreed to or	70947
fails to comply with other specified terms of the contract. The	70948
contract may vary the amount of damages based on the portion of	70949
the physician's service obligation that remains uncompleted as	70950
determined by the department.	70951

(4) Other terms agreed upon by the parties.

70952

(D) If the department elects to implement the physician	70953
recruitment program, it shall adopt rules in accordance with	70954
Chapter 119. of the Revised Code that establish all of the	70955
following:	70956

(1) Criteria for designating institutions for which	70957
physicians will be recruited;	70958

(2) Criteria for selecting physicians for participation in	70959
the program;	70960

(3) Criteria for determining the portion of a physician's	70961
loan that the department will agree to repay;	70962

(4) Criteria for determining reasonable amounts of the	70963
expenses described in divisions (C)(2)(b) and (c) of this section;	70964

(5) Procedures for monitoring compliance by physicians with	70965
the terms of their contracts;	70966

(6) Any other criteria or procedures necessary to implement	70967
the program.	70968

~~Sec. 5119.11.~~ Sec. 5119.186. (A) The director of ~~mental health~~	70969
mental health and addiction services or the managing officer of an	70970
institution of the department may enter into an agreement with	70971
boards of trustees or boards of directors of one or more	70972
institutions of higher education or hospitals licensed pursuant to	70973
section ~~5119.20~~5119.33 of the Revised Code to establish, manage,	70974
and conduct collaborative training efforts for students enrolled	70975
in courses of studies for occupations or professions ~~which may be~~	70976
~~determined by the director upon the approval of the medical~~	70977
~~director to be in occupations or professions needed to provide~~	70978
~~adequate~~that involve the care and treatment for persons receiving	70979
mental health or addiction services.	70980

(B) Such collaborative training efforts may include but are	70981
not limited to programs in psychiatry, psychology, nursing, social	70982
work, counseling professions, and others considered appropriate by	70983
the director of ~~mental health~~mental health and addiction	70984
services. Any such program shall be approved or accredited by its	70985
respective professional organization or state board having	70986
jurisdiction over the profession.	70987

(1) The department shall require that the following be	70988
provided for in agreements between the department and institutions	70989
of higher education or hospitals licensed pursuant to section	70990
~~5119.20~~5119.33 of the Revised Code:	70991

(a) Establishment of inter-disciplinary committees to advise	70992
persons responsible for training programs. Each committee shall	70993
have representation drawn from the geographical community the	70994
institution of higher education or hospital serves and shall	70995
include representatives of agencies, boards, targeted populations	70996
as determined by the department, racial and ethnic minority	70997
groups, and publicly funded programs;	70998

(b) Funding procedures;

70999

(c) Specific outcomes and accomplishments that are expected	71000
or required of a program under such agreement;	71001

(d) The types of services to be provided under such	71002
agreement.	71003

(2) The department may require that the following be provided	71004
for in agreements between the department and institutions of	71005
higher education or hospitals licensed pursuant to section ~~5119.20~~	71006
5119.33 of the Revised Code:	71007

(a) Special arrangements for individual residents or trainees	71008
to encourage their employment in publicly funded settings upon	71009
completion of their training;	71010

(b) Procedures for the selection of residents or trainees to	71011
promote the admission, retention, and graduation of women,	71012
minorities, and ~~handicapped~~disabled persons;	71013

(c) Cross-cultural training and other subjects considered	71014
necessary to enhance training efforts and the care and treatment	71015
of patients and clients;	71016

(d) Funding of faculty positions oriented toward meeting the	71017
needs of publicly funded programs.	71018

Subject to appropriations by the general assembly, the	71019
director of ~~mental health~~mental health and addiction services has	71020
final approval of the funding of these collaborative training	71021
efforts.	71022

~~Sec. 5119.12.~~ Sec. 5119.187. The courses of study for the	71023
instruction and training of all persons in institutions under the	71024
control of the department of ~~mental health~~mental health and	71025
addiction services shall be subject to the approval of the	71026
superintendent of public instruction.	71027

All teachers employed in institutions under the control of	71028
the department of ~~mental health~~mental health and addiction	71029
services shall possess such educator licenses or have such	71030
qualifications and approval as the superintendent of public	71031
instruction, after consulting with the officers in charge of the	71032
institutions, prescribes for the various types of service in the	71033
institutions.	71034

~~Sec. 3793.16.~~ Sec. 5119.188. (A) As used in this section, "state	71035
correctional institution" has the same meaning as in section	71036
2967.01 of the Revised Code.	71037

(B) The department of ~~alcohol and drug addiction services~~	71038
mental health and addiction services shall develop a program that	71039
is designed to educate and train the employees of each state	71040
correctional institution, the employees of each department of	71041
youth services institution, and other persons associated by	71042
contract or otherwise with each state correctional institution or	71043
each department of youth services institution, who will be	71044
responsible for the conduct of, or otherwise providing treatment	71045
or rehabilitation services pursuant to, a substance abuse	71046
treatment or rehabilitation program offered in the institution to	71047
adult prisoners or juvenile offenders. Upon the development of the	71048
educational and training program, the department of ~~alcohol and~~	71049
~~drug addiction services~~mental health and addiction services	71050
promptly shall commence its implementation. The department of	71051
~~alcohol and drug addiction services~~mental health and addiction	71052
services may charge to the department of rehabilitation and	71053
correction and to the department of youth services a reasonable	71054
annual fee that reflects the expenses incurred by it during the	71055
immediately preceding calendar year in preparing and offering the	71056
educational and training program during that year to the	71057
respective employees and other associated persons described in	71058
this division.	71059

The director of rehabilitation and correction and the	71060
director of youth services shall require the respective employees	71061
and other associated persons described in this division to attend	71062
and successfully complete the educational and training program	71063
developed pursuant to this division as a condition of their	71064
continuing to have responsibility for the conduct of, or their	71065
continuing to provide treatment or rehabilitation services	71066
pursuant to, any treatment or rehabilitation program that is	71067
offered in a state correctional institution or in a department of	71068
youth services institution to adult prisoners or juvenile	71069
offenders. If the department of ~~alcohol and drug addiction~~	71070
~~services~~mental health and addiction services charges a reasonable	71071
annual fee as described in this division, the director involved	71072
shall cause that fee to be paid from any available funds of the	71073
department of rehabilitation and correction or any available funds	71074
of the department of youth services.	71075

(C) The department of rehabilitation and correction and the	71076
department of ~~alcohol and drug addiction services~~mental health	71077
and addiction services jointly shall develop program	71078
specifications for the alcohol and drug addiction treatment	71079
programs offered in state correctional institutions.	71080

~~Sec. 3793.031.~~ Sec. 5119.201. (A) The director of ~~alcohol and drug~~	71081
~~addiction services~~mental health and addiction services may	71082
acquire by purchase, lease, or otherwise such real and personal	71083
property rights in the name of the state as are necessary for the	71084
purposes of the department. ~~The~~	71085

(B) When it is necessary for a state institution under the	71086
jurisdiction of the department to acquire any real estate,	71087
right-of-way, or easement in real estate in order to accomplish	71088
the purposes for which it was organized or is being conducted, and	71089
the department is unable to agree with the owner of such property	71090
upon the price to be paid for the property, such property may be	71091
appropriated in the manner provided for the appropriation of	71092
property for other state purposes.	71093

(C) The director~~, with the approval of the governor and the~~	71094
~~attorney general,~~ may work with the department of administrative	71095
services to sell, lease, or exchange portions of real and personal	71096
property of the department when the sale, lease, or exchange is	71097
advantageous to the state. Money received from such sales, leases,	71098
or exchanges shall be credited to the ~~general revenue~~the	71099
department of mental health and addiction services trust fund,	71100
created in section 5119.46 of the Revised Code.	71101

(D) Any instrument by which real property is acquired	71102
pursuant to this section shall identify the agency of the state	71103
that has the use and benefit of the real property as specified in	71104
section 5301.012 of the Revised Code.	71105

~~Sec. 5119.06.~~ Sec. 5119.21. (A) The department of ~~mental health~~	71106
mental health and addiction services shall:	71107

~~(A)~~(1) To the extent the department has available resources	71108
and in consultation with boards of alcohol, drug addiction, and	71109
mental health services, support a ~~community support system~~	71110
continuum of care in accordance with ~~section 340.03~~Chapter 340.	71111
of the Revised Code on a district or multi-district basis. The	71112
department shall define the essential elements of a ~~community~~	71113
~~support system~~continuum of care, shall assist in identifying	71114
resources, and may prioritize support for one or more of the	71115
elements.	71116

~~(B) Operate inpatient and other mental health services;~~

71117

~~(C)~~(2) Provide training, consultation, and technical	71118
assistance regarding mental health ~~programs~~ and addiction services	71119
and appropriate prevention, recovery, and mental health promotion	71120
activities, including those that are culturally ~~sensitive~~	71121
competent, to employees of the department, community mental health	71122
~~agencies~~ and addiction services providers, boards of alcohol, drug	71123
addiction, and mental health services, and other agencies	71124
providing mental health and addiction services;	71125

~~(D)~~(3) To the extent the department has available resources,	71126
promote and support a full range of mental health and addiction	71127
services that are available and accessible to all residents of	71128
this state, especially for severely mentally disabled children,	71129
adolescents, ~~and~~ adults, pregnant women, parents, guardians or	71130
custodians of children at risk of abuse or neglect, and other	71131
special target populations, including racial and ethnic	71132
minorities, as determined by the department;	71133

~~(E)~~(4) Develop standards and measures for evaluating the	71134
effectiveness of mental health and addiction services, including	71135
services that use methadone treatment, of gambling addiction	71136
services, and for increasing the accountability of mental health	71137
and alcohol and addiction services providers and of gambling	71138
addiction services providers;	71139

(5) Design and set criteria for the determination of ~~severe~~	71140
~~mental disability~~priority populations;	71141

~~(F) Establish standards for evaluation of mental health~~	71142
~~programs;~~	71143

~~(G)~~(6) Promote, direct, conduct, and coordinate scientific	71144
research, taking ethnic and racial differences into consideration,	71145
concerning the causes and prevention of mental illness and	71146
addiction, methods of providing effective services and treatment,	71147
and means of enhancing the mental health of and recovery from	71148
addiction of all residents of this state;	71149

~~(H)~~(7) Foster the establishment and availability of	71150
vocational rehabilitation services and the creation of employment	71151
opportunities for consumers of mental health and addiction	71152
services, including members of racial and ethnic minorities;	71153

~~(I)~~(8) Establish a program to protect and promote the rights	71154
of persons receiving mental health and addiction services,	71155
including the issuance of guidelines on informed consent and other	71156
rights;	71157

~~(J) Establish, in consultation with board of alcohol, drug~~	71158
~~addiction, and mental health services representatives and after~~	71159
~~consideration of the recommendations of the medical director,~~	71160
~~guidelines for the development of community mental health plans~~	71161
~~and the review and approval or disapproval of such plans submitted~~	71162
~~pursuant to section 340.03 of the Revised Code;~~	71163

~~(K)~~(9) Promote the involvement of persons who are receiving	71164
or have received mental health or addiction services, including	71165
families and other persons having a close relationship to a person	71166
receiving ~~mental health~~those services, in the planning,	71167
evaluation, delivery, and operation of mental health and addiction	71168
services;	71169

~~(L)~~(10) Notify and consult with the relevant constituencies	71170
that may be affected by rules, standards, and guidelines issued by	71171
the department of ~~mental health~~mental health and addiction	71172
services. These constituencies shall include consumers of mental	71173
health and addiction services and their families, and may include	71174
public and private providers, employee organizations, and others	71175
when appropriate. Whenever the department proposes the adoption,	71176
amendment, or rescission of rules under Chapter 119. of the	71177
Revised Code, the notification and consultation required by this	71178
division shall occur prior to the commencement of proceedings	71179
under Chapter 119. The department shall adopt rules under Chapter	71180
119. of the Revised Code that establish procedures for the	71181
notification and consultation required by this division.	71182

~~(M) In cooperation with board of alcohol, drug addiction, and~~	71183
~~mental health services representatives, provide training regarding~~	71184
~~the provision of community-based mental health services to those~~	71185
~~department employees who are utilized in state-operated,~~	71186
~~community-based mental health services;~~	71187

~~(N)~~(11) Provide consultation to the department of	71188
rehabilitation and correction concerning the delivery of mental	71189
health and addiction services in state correctional institutions.	71190

(12) Promote and coordinate efforts in the provision of	71191
alcohol and drug addiction services and of gambling addiction	71192
services by other state agencies, as defined in section 1.60 of	71193
the Revised Code; courts; hospitals; clinics; physicians in	71194
private practice; public health authorities; boards of alcohol,	71195
drug addiction, and mental health services; alcohol and drug	71196
addiction services providers; law enforcement agencies; gambling	71197
addiction services providers; and related groups;	71198

(13) Provide to each court of record, and biennially update,	71199
a list of the treatment and education programs within that court's	71200
jurisdiction that the court may require an offender, sentenced	71201
pursuant to section 4511.19 of the Revised Code, to attend;	71202

(14) Make the warning sign described in sections 3313.752,	71203
3345.41, and 3707.50 of the Revised Code available on the	71204
department's internet web site;	71205

(15) Provide a program of gambling addiction services on	71206
behalf of the state lottery commission, pursuant to an agreement	71207
entered into with the director of the commission under division	71208
(K) of section 3770.02 of the Revised Code, and provide a program	71209
of gambling addiction services on behalf of the Ohio casino	71210
control commission, under an agreement entered into with the	71211
executive director of the commission under section 3772.062 of the	71212
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	71213
Constitution, the department may enter into agreements with boards	71214
of alcohol, drug addiction, and mental health services, including	71215
boards with districts in which a casino facility is not located,	71216
and nonprofit organizations to provide gambling addiction services	71217
and substance abuse services, and with state institutions of	71218
higher education or private nonprofit institutions that possess a	71219
certificate of authorization issued under Chapter 1713. of the	71220
Revised Code to perform related research.	71221

(B) The department may accept and administer grants from	71222
public or private sources for carrying out any of the duties	71223
enumerated in this section.	71224

(C) Pursuant to Chapter 119. of the Revised Code, the	71225
department shall adopt a rule defining the term "intervention" as	71226
it is used in this chapter in connection with alcohol and drug	71227
addiction services and in connection with gambling addiction	71228
services. The department may adopt other rules as necessary to	71229
implement the requirements of this chapter.	71230

~~Sec. 5119.61.~~ Sec. 5119.22. ~~Any provision in this chapter that~~	71231
~~refers to a board of alcohol, drug addiction, and mental health~~	71232
~~services also refers to the community mental health board in an~~	71233
~~alcohol, drug addiction, and mental health service district that~~	71234
~~has a community mental health board.~~	71235

The director of ~~mental health~~mental health and addiction	71236
services with respect to all mental health and addiction	71237
facilities and ~~programs~~services established and operated or	71238
provided under Chapter 340. of the Revised Code ~~for mentally ill~~	71239
~~and emotionally disturbed persons~~, shall do all of the following:	71240

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	71241
that may be necessary to carry out the purposes of ~~Chapter~~this	71242
chapter and Chapters 340. and ~~sections 5119.61 to 5119.63~~5122. of	71243
the Revised Code.	71244

~~(1) The rules shall include the following:~~

71245

~~(a) Rules governing a community mental health agency's~~	71246
~~services under section 340.091 of the Revised Code to an~~	71247
~~individual referred to the agency under division (D)(2) of section~~	71248
~~5119.69 of the Revised Code;~~	71249

~~(b) For the purpose of division (A)(16) of section 340.03 of~~	71250
~~the Revised Code, rules governing the duties of mental health~~	71251
~~agencies and boards of alcohol, drug addiction, and mental health~~	71252
~~services regarding referrals of individuals with mental illness or~~	71253
~~severe mental disability to residential facilities as defined in~~	71254
~~division (A)(9)(b) of section 5119.22 of the Revised Code and~~	71255
~~effective arrangements for ongoing mental health services for the~~	71256
~~individuals. .~~	71257

~~(2) Rules may be adopted to govern the method of paying a~~	71258
~~community mental health facility, as defined in section 5111.023~~	71259
~~of the Revised Code, for providing services listed in division (B)~~	71260
~~of that section. Such rules must be consistent with the contract~~	71261
~~entered into between the departments of job and family services~~	71262
~~and mental health under section 5111.91 of the Revised Code and~~	71263
~~include requirements ensuring appropriate service utilization.~~	71264

(B) Review and evaluate~~, and~~the continuum of care in each	71265
service district, taking into account the findings and	71266
recommendations of the board of alcohol, drug addiction, and	71267
mental health services of the district ~~served by the program~~	71268
submitted under division (A)(4) of section 340.03 of the Revised	71269
Code and the ~~requirements and~~ priorities and plans of the ~~state~~	71270
~~mental health plan~~department, including the needs of residents of	71271
the district ~~now residing in state mental institutions~~currently	71272
receiving services in state-operated hospitals, and make	71273
recommendations for needed improvements to boards of alcohol, drug	71274
addiction, and mental health services;	71275

(C) ~~Provide consultative services to community mental health~~	71276
~~agencies with the knowledge and cooperation of the board of~~	71277
~~alcohol, drug addiction, and mental health services;~~	71278

~~(D)~~ At the director's discretion, provide to boards of	71279
alcohol, drug addiction, and mental health services state or	71280
federal funds, in addition to those allocated under section	71281
~~5119.62~~5119.23 of the Revised Code, for special programs or	71282
projects the director considers necessary but for which local	71283
funds are not available;	71284

(D) Establish, in consultation with board of alcohol, drug	71285
addiction, and mental health service representatives and after	71286
consideration of the recommendations of the medical director,	71287
guidelines for the development of community mental health and	71288
addiction services plans and the review and approval or	71289
disapproval of such plans submitted pursuant to section 340.03 of	71290
the Revised Code.	71291

(E) Establish criteria by which a board of alcohol, drug	71292
addiction, and mental health services reviews and evaluates the	71293
quality, effectiveness, and efficiency of its contracted services	71294
~~provided through its community mental health plan~~. The criteria	71295
shall include requirements ensuring appropriate service	71296
utilization. The department shall assess a board's evaluation of	71297
services and the compliance of each board with this section,	71298
Chapter 340. or section ~~5119.62~~5119.23 of the Revised Code, and	71299
other state or federal law and regulations. The department, in	71300
cooperation with the board, periodically shall review and evaluate	71301
the quality, effectiveness, and efficiency of services provided	71302
through each board. The department shall collect information that	71303
is necessary to perform these functions.	71304

(F) To the extent the director determines necessary and after	71305
consulting with boards of alcohol, drug addiction, and mental	71306
health services, develop and operate, or contract for the	71307
operation of, a community ~~mental~~behavioral health information	71308
system or systems. The department shall specify the information	71309
that must be provided by boards of alcohol, drug addiction, and	71310
mental health services for inclusion in the system or systems.	71311

Boards of alcohol, drug addiction, and mental health services	71312
shall submit information requested by the department in the form	71313
and manner and in accordance with time frames prescribed by the	71314
department. Information collected by the department ~~shall~~may	71315
include~~, but not be limited to,~~ all of the following:	71316

(1) Information ~~regarding units of~~on services provided in	71317
whole or in part under contract with a board~~, including diagnosis~~	71318
~~and special needs, demographic information, the number of units of~~	71319
~~service provided, past treatment, financial status, and service~~	71320
~~dates in accordance with rules adopted by the department in~~	71321
~~accordance with Chapter 119. of the Revised Code~~;	71322

(2) Financial information ~~other than price or price-related~~	71323
~~data~~ regarding expenditures of federal, state, or local funds by	71324
boards ~~and community mental health agencies, including units of~~	71325
~~service provided, budgeted and actual expenses by type, and~~	71326
~~sources of funds~~;	71327

(3) Information about persons served under contract with a	71328
board.	71329

~~Boards shall submit the information specified in division~~	71330
~~(F)(1) of this section no less frequently than annually for each~~	71331
~~client, and each time the client's case is opened or closed.~~ The	71332
department shall not collect any personal information from the	71333
boards except as required or permitted by state or federal law for	71334
purposes related to payment, health care operations, program and	71335
service evaluation, reporting activities, research, system	71336
administration, and oversight.	71337

(G)(1) Review each board's community mental health and	71338
addiction services plan, budget, and statement of services to be	71339
made available submitted pursuant to ~~section~~sections 340.03 and	71340
340.08 of the Revised Code and approve or disapprove itthe plan,	71341
the budget, and the statement of services in whole or in part.	71342
~~Periodically, in consultation with representatives of boards and~~	71343
~~after considering the recommendations of the medical director, the~~	71344
~~director shall issue criteria for determining when a plan is~~	71345
~~complete, criteria for plan approval or disapproval, and~~	71346
~~provisions for conditional approval. The factors that the director~~	71347
~~considers may include, but are not limited to, the following:~~	71348

~~(1) The mental health needs of all persons residing within~~	71349
~~the board's service district, especially severely mentally~~	71350
~~disabled children, adolescents, and adults;~~	71351

~~(2) The demonstrated quality, effectiveness, efficiency, and~~	71352
~~cultural relevance of the services provided in each service~~	71353
~~district, the extent to which any services are duplicative of~~	71354
~~other available services, and whether the services meet the needs~~	71355
~~identified above;~~	71356

~~(3) The adequacy of the board's accounting for the~~	71357
~~expenditure of funds.~~	71358

~~If the director disapproves all or part of any plan, the~~	71359
~~director shall provide the board an opportunity to present its~~	71360
~~position. The director shall inform the board of the reasons for~~	71361
~~the disapproval and of the criteria that must be met before the~~	71362
~~plan may be approved. The director shall give the board a~~	71363
~~reasonable time within which to meet the criteria, and shall offer~~	71364
~~technical assistance to the board to help it meet the criteria.~~	71365

~~If the approval of a plan remains in dispute, the board or~~	71366
~~the director may request that the dispute be submitted to a~~	71367
~~mutually agreed upon third-party mediator with the cost to be~~	71368
~~shared by the board and the department. The mediator shall issue~~	71369
~~to the board and the department recommendations for resolution of~~	71370
~~the dispute. The director, taking into consideration the~~	71371
~~recommendations of the mediator, shall make a final determination~~	71372
~~and approve or disapprove the plan, in whole or in part~~The	71373
department may withhold all or part of the funds allocated to a	71374
board if it disapproves all or part of a plan, budget, or	71375
statement of services. Prior to a final decision to disapprove a	71376
plan, budget, or statement of services, or to withhold funds from	71377
a board, a representative of the director of mental health and	71378
addiction services shall meet with the board and discuss the	71379
reason for the action the department proposes to take and any	71380
corrective action that should be taken to make the plan, budget,	71381
or statement of services acceptable to the department. In	71382
addition, the department shall offer technical assistance to the	71383
board to assist it to make the plan, budget, or statement of	71384
services acceptable. The department shall give the board a	71385
reasonable time in which to revise the plan, budget, or statement	71386
of services. The board thereafter shall submit a revised plan,	71387
budget, or statement of services, or a new plan, budget, or	71388
statement of services.	71389

(2) If a board determines that it is necessary to amend the	71390
plan, budget, or statement of services that has been approved	71391
under this section, the board shall submit the proposed amendment	71392
to the department. The department may approve or disapprove all or	71393
part of the amendment.	71394

(3) If the director disapproves of all or part of any	71395
proposed amendment, the director shall provide the board an	71396
opportunity to present its position. The director shall inform the	71397
board of the reasons for the disapproval and of the criteria that	71398
must be met before the proposed amendment may be approved. The	71399
director shall give the board a reasonable time within which to	71400
meet the criteria and shall offer technical assistance to the	71401
board to help it meet the criteria.	71402

(4) The department shall establish procedures for the review	71403
of plans, budgets, and statements of services, and a timetable for	71404
submission and review of plans, budgets, and statements of	71405
services and for corrective action and submission of new or	71406
revised plans, budgets, and statements of services.	71407

~~Sec. 5119.62.~~ Sec. 5119.23. (A) The department of ~~mental health~~	71408
mental health and addiction services shall establish a methodology	71409
for allocating to boards of alcohol, drug addiction, and mental	71410
health services the funds appropriated by the general assembly to	71411
the department for the purpose of local mental health ~~systems~~and	71412
addiction services continuums of care. The department shall	71413
establish the methodology after notifying and consulting with	71414
relevant constituencies as required by division ~~(L)~~(A)(10) of	71415
section ~~5119.06~~5119.21 of the Revised Code. The methodology may	71416
provide for the funds to be allocated to boards on a district or	71417
multi-district basis. ~~Subject~~	71418

(B) Subject to ~~sections 5119.622 and 5119.623~~section	71419
5119.25 of the Revised Code, and to required submissions and	71420
approvals under section 340.08 of the Revised Code, the department	71421
shall allocate the funds to the boards in a manner consistent with	71422
the methodology, this section, other state and federal laws,	71423
rules, and regulations.	71424

~~(B) The department may allocate to boards a portion of the~~	71425
~~funds appropriated by the general assembly to the department for~~	71426
~~the operation of state hospital services. If the department~~	71427
~~allocates the funds, the department shall do all of the following:~~	71428

~~(1) In consultation with the boards:~~

71429

~~(a) Annually determine the unit costs of providing state~~	71430
~~hospital services; and~~	71431

~~(b) Establish the methodology for allocating the funds to the~~	71432
~~boards.~~	71433

~~(2) Determine the type of unit costs of providing state~~	71434
~~hospital services to be included as a factor in the methodology~~	71435
~~and include that unit cost as a factor in the methodology;~~	71436

~~(3) Subject to sections 5119.622 and 5119.623 of the Revised~~	71437
~~Code, allocate the funds to the boards in a manner consistent with~~	71438
~~the methodology, this section, other state and federal laws,~~	71439
~~rules, and regulations.~~	71440

~~(c) Not later than the first day of April of each year, the~~	71441
~~department shall notify each board of the department's estimate of~~	71442
~~the amount of funds to be allocated to the board under this~~	71443
~~section during the fiscal year beginning on the next July first.~~	71444
~~If the department makes an allocation under division (B) of this~~	71445
~~section, the department shall also notify each board of the unit~~	71446
~~costs of providing state hospital services for the upcoming fiscal~~	71447
~~year as determined under that division. Not later than the first~~	71448
~~day of May of each year, each board shall notify the department as~~	71449
~~to which of the following options it has elected for the upcoming~~	71450
~~fiscal year:~~	71451

~~(1) The board elects to accept distribution of the amount~~	71452
~~allocated to it under this section. Funds distributed to each~~	71453
~~board shall be used to supplement and not to supplant other state,~~	71454
~~local, or federal funds that are being used to support~~	71455
~~community-based programs for severely mentally disabled children,~~	71456
~~adolescents, and adults, unless the funds have been specifically~~	71457
~~designated for the initiation of programs in accordance with the~~	71458
~~community mental health plan developed and submitted under section~~	71459
~~340.03 and approved under section 5119.61 of the Revised Code.~~	71460
~~Notwithstanding section 131.33 of the Revised Code, any board may~~	71461
~~expend unexpended funds distributed to the board from~~	71462
~~appropriations for the purpose of local management of mental~~	71463
~~health services in the fiscal year following the fiscal year for~~	71464
~~which the appropriations are made, in accordance with the approved~~	71465
~~community mental health plan.~~	71466

~~(2) Subject to division (D) of this section, the board elects~~	71467
~~not to accept the amount allocated to it under this section,~~	71468
~~authorizes the department to determine the use of its allocation,~~	71469
~~and agrees to provide the department with a statement of projected~~	71470
~~utilization of state hospitals and other state-operated services~~	71471
~~by residents of its service district during the fiscal year.~~	71472

~~(D) No board shall elect the option in division (C)(2) of~~	71473
~~this section unless all of the following apply:~~	71474

~~(1) Either the total funds estimated by the department to be~~	71475
~~allocated to the board under this section for the next fiscal year~~	71476
~~are reduced by a substantial amount, as defined in guidelines~~	71477
~~adopted by the director of mental health under division (E) of~~	71478
~~this section, in comparison to the amount allocated for the~~	71479
~~current fiscal year, for reasons not related to performance or the~~	71480
~~board has experienced other circumstances specified in the~~	71481
~~guidelines.~~	71482

~~(2) The board provides the department written confirmation~~	71483
~~that the board has received input about the impact that the~~	71484
~~board's election will have on the mental health system in the~~	71485
~~board's district from all of the following:~~	71486

~~(a) Individuals who receive mental health services and such~~	71487
~~individuals' families;~~	71488

~~(b) Boards of county commissioners;~~

71489

~~(c) Judges of juvenile and probate courts;~~

71490

~~(d) County sheriffs, jail administrators, and other local law~~	71491
~~enforcement officials.~~	71492

~~(3) Not later than seven days before notifying the department~~	71493
~~of its election and after providing the department the written~~	71494
~~confirmation required by division (D)(2) of this section, the~~	71495
~~board conducts a public hearing on the issue.~~	71496

~~(E) For the purpose of division (D)(1) of this section, the~~	71497
~~director of mental health shall consult with the boards and other~~	71498
~~relevant constituencies to develop guidelines for determining what~~	71499
~~constitutes a substantial reduction of funds and what other~~	71500
~~circumstances qualify a board to elect the option in division~~	71501
~~(C)(2) of this section.~~	71502

~~(F) No board shall use state funds for the purpose of~~	71503
~~discouraging employees from seeking collective bargaining~~	71504
~~representation or encouraging employees to decertify a recognized~~	71505
~~collective bargaining agent.~~	71506

~~(G) The department shall charge against the allocation made~~	71507
~~to a board under division (B) of this section, if any, any~~	71508
~~unreimbursed costs for services provided by the department.~~	71509

~~(H) A board's use of funds allocated under this section is~~	71510
~~subject to audit by county, state, and federal authorities.~~	71511

(C) In consultation with boards, services providers, and	71512
persons receiving services, the department shall establish	71513
guidelines for the use of funds allocated and distributed under	71514
this section and for the boards' development of plans for services	71515
required by section 340.03 of the Revised Code.	71516

~~Sec. 5119.621.~~ Sec. 5119.24. (A) As used in this section,	71517
"administrative function" means a function related to one or more	71518
of the following:	71519

(1) Continuous quality improvement;

71520

(2) Utilization review;

71521

(3) Resource development;

71522

(4) Fiscal administration;

71523

(5) General administration;

71524

(6) Any other function related to administration that is	71525
required by Chapter 340. of the Revised Code.	71526

(B) Each board of alcohol, drug addiction, and mental health	71527
services shall submit an annual report to the department of ~~mental~~	71528
~~health~~mental health and addiction services specifying how the	71529
board used funds allocated to the board under section ~~5119.62~~	71530
5119.23 of the Revised Code for administrative functions in the	71531
year preceding the report's submission. The director of ~~mental~~	71532
~~health~~mental health and addiction services shall establish the	71533
date by which the report must be submitted each year.	71534

~~Sec. 5119.622.~~ Sec. 5119.25. (A) The director of ~~mental health~~	71535
mental health and addiction services, in whole or in part, may	71536
withhold funds otherwise to be allocated to a board of alcohol,	71537
drug addiction, and mental health services under section ~~5119.62~~	71538
5119.23 of the Revised Code if the board fails to comply with	71539
Chapter 340. or section ~~5119.61, 5119.611, 5119.612, or 5119.621~~	71540
5119.22, 5119.24, 5119.36, or 5119.37 of the Revised Code or rules	71541
of the department of ~~mental health regarding a community mental~~	71542
~~health service~~mental health and addiction services. ~~The~~	71543

(B) The director of mental health and addiction services may	71544
withhold funds otherwise to be allocated to a board of alcohol,	71545
drug addiction, and mental health services under section 5119.23	71546
of the Revised Code if the board denies available service on the	71547
basis of race, color, religion, sex, national origin, marital	71548
status, sexual orientation, genetic information, or developmental	71549
disability, or age, disability, or military status as defined in	71550
section 4112.01 of the Revised Code.	71551

(C) The director shall ~~identify~~issue a notice identifying	71552
the areas of noncompliance and the action necessary to achieve	71553
compliance. The director ~~shall~~may offer technical assistance to	71554
the board to achieve compliance. The ~~director shall give the~~ board	71555
~~a reasonable time within which to comply or~~shall have ten days	71556
from receipt of the notice of noncompliance to present its	71557
position that it is in compliance. Before withholding funds, the	71558
director or the director's designee shall hold a hearing ~~shall be~~	71559
~~conducted~~within ten days of receipt of the board's position to	71560
determine if there are continuing violations and that either	71561
assistance is rejected or the board is unable to achieve	71562
compliance. Subsequent to the hearing process, if it is determined	71563
that compliance has not been achieved, the director may allocate	71564
all or part of the withheld funds to a public or private agency to	71565
provide the community mental health or community addiction service	71566
for which the board is not in compliance until the time that there	71567
is compliance. The director ~~shall~~may adopt rules in accordance	71568
with Chapter 119. of the Revised Code to implement this section.	71569

~~Sec. 3793.13.~~ Sec. 5119.27. (A) Records or information, other than	71570
court journal entries or court docket entries, pertaining to the	71571
identity, diagnosis, or treatment of any ~~patient~~person seeking or	71572
receiving services that are maintained in connection with the	71573
performance of any drug treatment program or services licensed by,	71574
or certified by, the director of ~~alcohol and drug addiction~~	71575
~~services~~mental health and addiction services, under ~~section~~	71576
~~3793.11 of the Revised Code~~this chapter, shall be kept	71577
confidential, may be disclosed only for the purposes and under the	71578
circumstances expressly authorized under this section, and may not	71579
otherwise be divulged in any civil, criminal, administrative, or	71580
legislative proceeding.	71581

(B) When the ~~patient~~person, with respect to whom any record	71582
or information referred to in division (A) of this section is	71583
maintained, gives consent in the form of a written release signed	71584
by the ~~patient~~person, the content of the record or information	71585
may be disclosed if the written release conforms to all of the	71586
following:	71587

(1) Specifically identifies the person, official, or entity	71588
to whom the information is to be provided;	71589

(2) Describes with reasonable specificity the record,	71590
records, or information to be disclosed; and	71591

(3) Describes with reasonable specificity the purposes of the	71592
disclosure and the intended use of the disclosed information.	71593

(C) A ~~patient~~person who is subject to a community control	71594
sanction, parole, or a post-release control sanction or who is	71595
ordered to rehabilitation in lieu of conviction, and who has	71596
agreed to participate in a drug treatment or rehabilitation	71597
program as a condition of the community control sanction,	71598
post-release control sanction, parole, or order to rehabilitation,	71599
shall be considered to have consented to the release of records	71600
and information relating to the progress of treatment, frequency	71601
of treatment, adherence to treatment requirements, and probable	71602
outcome of treatment. Release of information and records under	71603
this division shall be limited to the court or governmental	71604
personnel having the responsibility for supervising the patient's	71605
community control sanction, post-release control sanction, parole,	71606
or order to rehabilitation. A ~~patient~~person, described in this	71607
division, who refuses to allow disclosure may be considered in	71608
violation of the conditions of the ~~patient's~~person's community	71609
control sanction, post-release control sanction, parole, or order	71610
to rehabilitation.	71611

(D) Disclosure of a ~~patient's~~person's record may be made	71612
without the ~~patient's~~person's consent to qualified personnel for	71613
the purpose of conducting scientific research, management,	71614
financial audits, or program evaluation, but these personnel may	71615
not identify, directly or indirectly, any individual ~~patient~~	71616
person in any report of the research, audit, or evaluation, or	71617
otherwise disclose a ~~patient's~~person's identity in any manner.	71618

(E) Upon the request of a prosecuting attorney or the	71619
director of ~~alcohol and drug addiction services~~mental health and	71620
addiction services, a court of competent jurisdiction may order	71621
the disclosure of records or information referred to in division	71622
(A) of this section if the court has reason to believe that a	71623
treatment program or facility is being operated or used in a	71624
manner contrary to law. The use of any information or record so	71625
disclosed shall be limited to the prosecution of persons who are	71626
or may be charged with any offense related to the illegal	71627
operation or use of the drug treatment program or facility, or to	71628
the decision to withdraw the authority of a drug treatment program	71629
or facility to continue operation. For purposes of this division	71630
the court shall:	71631

(1) Limit disclosure to those parts of the ~~patient's~~person's	71632
record considered essential to fulfill the objective for which the	71633
order was granted;	71634

(2) Require, where appropriate, that all information be	71635
disclosed in chambers;	71636

(3) Include any other appropriate measures to keep disclosure	71637
to a minimum, consistent with the protection of the ~~patients~~	71638
persons seeking or receiving services, the physician-patient	71639
relationship, and the administration of the drug treatment and	71640
rehabilitation program.	71641

(F) As used in this section:

71642

(1) "Community control sanction" has the same meaning as in	71643
section 2929.01 of the Revised Code.	71644

(2) "Post-release control sanction" has the same meaning as	71645
in section 2967.01 of the Revised Code.	71646

Sec. 5119.28. (A) All records, and reports, other than court	71647
journal entries or court docket entries, identifying a person and	71648
pertaining to the person's mental health condition, assessment,	71649
provision of care or treatment, or payment for assessment, care or	71650
treatment that are maintained in connection with any services	71651
certified by the department of mental health and addiction	71652
services, or any hospitals or facilities licensed or operated by	71653
the department, shall be kept confidential and shall not be	71654
disclosed by any person except:	71655

(1) If the person identified, or the person's legal guardian,	71656
if any, or if the person is a minor, the person's parent or legal	71657
guardian, consents;	71658

(2) When disclosure is provided for in this chapter or	71659
Chapter 340. or 5122., or Title XLVII of the Revised Code;	71660

(3) That hospitals, boards of alcohol, drug addiction, and	71661
mental health services, licensed facilities, and community mental	71662
health services providers may release necessary medical	71663
information to insurers and other third-party payers, including	71664
government entities responsible for processing and authorizing	71665
payment, to obtain payment for goods and services furnished to the	71666
person;	71667

(4) Pursuant to a court order signed by a judge;

71668

(5) That a person shall be granted access to the person's own	71669
psychiatric and medical records, unless access specifically is	71670
restricted in a person's treatment plan for clear treatment	71671
reasons;	71672

(6) That the department of mental health and addiction	71673
services may exchange psychiatric records and other pertinent	71674
information with community mental health services providers and	71675
boards of alcohol, drug addiction, and mental health services	71676
relating to the person's care or services. Records and information	71677
that may be exchanged pursuant to this division shall be limited	71678
to medication history, physical health status and history,	71679
financial status, summary of course of treatment in the hospital,	71680
summary of treatment needs, and a discharge summary, if any.	71681

(7) That the department of mental health and addiction	71682
services, hospitals and community providers operated by the	71683
department, hospitals licensed by the department under section	71684
5119.33 of the Revised Code, and community mental health services	71685
providers may exchange psychiatric records and other pertinent	71686
information with payers and other providers of treatment and	71687
health services if the purpose of the exchange is to facilitate	71688
continuity of care for the person or for the emergency treatment	71689
of the person;	71690

(8) That the department of mental health and addiction	71691
services and community mental health services providers may	71692
exchange psychiatric records and other pertinent information with	71693
boards of alcohol, drug addiction, and mental health services for	71694
purposes of any board function set forth in Chapter 340. of the	71695
Revised Code. Boards of alcohol, drug addiction, and mental health	71696
services shall not access any personal information from the	71697
department or providers except as required or permitted by this	71698
section, or Chapter 340. or 5122. of the Revised Code for purposes	71699
related to payment, care coordination, health care operations,	71700
program and service evaluation, reporting activities, research,	71701
system administration, oversight, or other authorized purposes.	71702

(9) That a person's family member who is involved in the	71703
provision, planning, and monitoring of services to the person may	71704
receive medication information, a summary of the person's	71705
diagnosis and prognosis, and a list of the services and personnel	71706
available to assist the person and the person's family, if the	71707
person's treatment provider determines that the disclosure would	71708
be in the best interests of the person. No such disclosure shall	71709
be made unless the person is notified first and receives the	71710
information and does not object to the disclosure.	71711

(10) That community mental health services providers may	71712
exchange psychiatric records and certain other information with	71713
the board of alcohol, drug addiction, and mental health services	71714
and other providers in order to provide services to a person	71715
involuntarily committed to a board. Release of records under this	71716
division shall be limited to medication history, physical health	71717
status and history, financial status, summary of course of	71718
treatment, summary of treatment needs, and discharge summary, if	71719
any.	71720

(11) That information may be disclosed to the executor or the	71721
administrator of an estate of a deceased person when the	71722
information is necessary to administer the estate;	71723

(12) That information may be disclosed to staff members of	71724
the appropriate board or to staff members designated by the	71725
director of mental health and addiction services for the purpose	71726
of evaluating the quality, effectiveness, and efficiency of	71727
services and determining if the services meet minimum standards.	71728
Information obtained during such evaluations shall not be retained	71729
with the name of any person.	71730

(13) That records pertaining to the person's diagnosis,	71731
course of treatment, treatment needs, and prognosis shall be	71732
disclosed and released to the appropriate prosecuting attorney if	71733
the person was committed pursuant to section 2945.38, 2945.39,	71734
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	71735
attorney designated by the board for proceedings pursuant to	71736
involuntary commitment under Chapter 5122. of the Revised Code.	71737

(14) That the department of mental health and addiction	71738
services may exchange psychiatric hospitalization records, other	71739
mental health treatment records, and other pertinent information	71740
with the department of rehabilitation and correction and with the	71741
department of youth services to ensure continuity of care for	71742
inmates and offenders who are receiving mental health services in	71743
an institution of the department of rehabilitation and correction	71744
or the department of youth services and may exchange psychiatric	71745
hospitalization records, other mental health treatment records,	71746
and other pertinent information with boards of alcohol, drug	71747
addiction, and mental health services and community mental health	71748
services providers to ensure continuity of care for inmates or	71749
offenders who are receiving mental health services in an	71750
institution and are scheduled for release within six months. The	71751
release of records under this division is limited to records	71752
regarding an inmate's or offender's medication history, physical	71753
health status and history, summary of course of treatment, summary	71754
of treatment needs, and a discharge summary, if any.	71755

(15) That a community mental health services provider that	71756
ceases to operate may transfer to either a community mental health	71757
services provider that assumes its caseload or to the board of	71758
alcohol, drug addiction, and mental health services of the service	71759
district in which the person resided at the time services were	71760
most recently provided any treatment records that have not been	71761
transferred elsewhere at the person's request.	71762

(B) Before records are disclosed pursuant to divisions	71763
(A)(3), (6), and (10) of this section, the custodian of the	71764
records shall attempt to obtain the person's consent for the	71765
disclosure.	71766

(C) No person shall reveal the content of a medical record of	71767
a person that is confidential pursuant to this section, except as	71768
authorized by law.	71769

~~Sec. 5119.57.~~ Sec. 5119.29. ~~No later than January 1, 1998, the~~The	71770
department of ~~mental health~~mental health and addiction services,	71771
in conjunction with boards of alcohol, drug addiction, and mental	71772
health services and community mental health boards, shall develop	71773
a coordinated system for tracking and monitoring persons found not	71774
guilty by reason of insanity and committed pursuant to section	71775
2945.40 of the Revised Code who have been granted a conditional	71776
release and persons found incompetent to stand trial and committed	71777
pursuant to section 2945.39 of the Revised Code who have been	71778
granted a conditional release. The system shall do all of the	71779
following:	71780

(A) Centralize responsibility for the tracking of those	71781
persons;	71782

(B) Develop uniformity in monitoring those persons;

71783

(C) Develop a mechanism to allow prompt rehospitalization,	71784
reinstitutionalization, or detention when a violation of the	71785
conditional release or decompensation occurs.	71786

~~Sec. 3793.18.~~ Sec. 5119.30. The department of ~~alcohol and drug~~	71787
~~addiction services~~mental health and addiction services promptly	71788
shall develop and maintain a program that continually provides the	71789
courts of this state with relevant information pertaining to	71790
~~alcohol and drug~~ addiction services and programs available both	71791
within their jurisdictions and statewide in order to facilitate	71792
the ability of the courts to utilize treatment and rehabilitation	71793
alternatives in addition to or in lieu of imposing sentences of	71794
imprisonment upon appropriate offenders.	71795

~~Sec. 5119.23.~~ Sec. 5119.31. The department of ~~mental health~~mental	71796
health and addiction services may examine into, with or without	71797
expert assistance, the question of the mental and physical	71798
condition of any person committed to or involuntarily confined in	71799
any hospital for the mentally ill, or restrained of ~~his~~ liberty at	71800
any place within this state by reason of alleged mental illness	71801
and may order and compel the discharge of any such person who is	71802
not a mentally ill person subject to hospitalization by court	71803
order as defined in division (B) of section 5122.01 of the Revised	71804
Code and direct what disposition shall be made of ~~him~~the person.	71805
The order of discharge shall be signed by the director of ~~mental~~	71806
~~health~~mental health and addiction services. Upon receipt of such	71807
order by the superintendent or other person in charge of the	71808
building in which the person named in such order is confined, such	71809
person shall forthwith be discharged or otherwise disposed of	71810
according to the terms of said order, and any further or other	71811
detention of such person is unlawful. No such order shall be made	71812
in favor of any person committed and held for trial on a criminal	71813
charge, in confinement by an order of a judge or court made in a	71814
criminal proceeding, or in any case unless notice is given to the	71815
superintendent or other person having charge of the building in	71816
which the alleged mentally ill person is detained, and a	71817
reasonable opportunity is allowed the person in charge to justify	71818
further detention of the person confined.	71819

~~Sec. 5119.60.~~ Sec. 5119.32. The department of ~~mental health~~mental	71820
health and addiction services is hereby designated as the state	71821
administrative agency for the ~~alcohol, drug abuse and mental~~	71822
~~health services~~substance abuse prevention treatment block grant	71823
and the community mental health services block grant authorized by	71824
the "Public Health Services Act," 95 Stat. 357, 543, 42 U.S.C.	71825
300x, as amended, and similar alcohol, drug abuse, or mental	71826
health programs that are specified in an appropriations act. ~~The~~	71827
~~department shall establish and administer an annual plan to~~	71828
~~utilize federal block grant funds. The department shall consult~~	71829
~~with the department of alcohol and drug addiction services on the~~	71830
~~allocation of funds for alcohol and drug addiction services~~	71831
~~pursuant to Chapter 3793. of the Revised Code and shall notify the~~	71832
~~controlling board, which shall authorize the transfer of funds~~	71833
~~allocated to the department of alcohol and drug addiction~~	71834
~~services.~~	71835

~~Sec. 5119.20.~~ Sec. 5119.33. The department of ~~mental health~~mental	71836
health and addiction services shall inspect and license all	71837
hospitals that receive mentally ill persons, except those	71838
hospitals managed by the department. No hospital may receive for	71839
care or treatment, either at public or private expense, any person	71840
who is or appears to be mentally ill, whether or not so	71841
adjudicated, unless the hospital has received a license from the	71842
department authorizing it to receive for care or treatment persons	71843
who are mentally ill or the hospital is managed by the department.	71844

No such license shall be granted to a hospital for the	71845
treatment of mentally ill persons unless the department is	71846
satisfied, after investigation, that the hospital is managed and	71847
operated by qualified persons and has on its staff one or more	71848
qualified physicians responsible for the medical care of the	71849
patients confined there. At least one such physician shall be a	71850
psychiatrist.	71851

The department shall adopt rules under Chapter 119. of the	71852
Revised Code prescribing minimum standards for the operation of	71853
hospitals for the care and treatment of mentally ill persons and	71854
establishing standards and procedures for the issuance, renewal,	71855
or revocation of full, probationary, and interim licenses. No	71856
license shall be granted to any hospital established or used for	71857
the care of mentally ill persons unless such hospital is operating	71858
in accordance with this section and rules adopted pursuant to this	71859
section. A full license shall expire one year after the date of	71860
issuance, a probationary license shall expire at the time	71861
prescribed by rule adopted pursuant to Chapter 119. of the Revised	71862
Code by the director of ~~mental health~~mental health and addiction	71863
services, and an interim license shall expire ninety days after	71864
the date of issuance. A full, probationary, or interim license may	71865
be renewed, except that an interim license may be renewed only	71866
twice. The department may fix reasonable fees for licenses and for	71867
license renewals. Such hospitals are subject to inspection and	71868
~~visitation~~on-site review by the department.	71869

Except as otherwise provided in Chapter 5122. of the Revised	71870
Code, neither the director of ~~the department of mental health~~	71871
mental health and addiction services; an employee of the	71872
department; a board of alcohol, drug addiction, and mental health	71873
services or ~~agency~~ employee of a community mental health services	71874
provider; nor any other public official shall hospitalize any	71875
mentally ill person for care or treatment in any hospital that is	71876
not licensed in accordance with this section.	71877

Any license issued by the department under this section may	71878
be revoked by the department for any of the following reasons:	71879

(A) The hospital is no longer a suitable place for the care	71880
or treatment of mentally ill persons.	71881

(B) The hospital refuses to be subject to inspection or	71882
~~visitation~~on-site review by the department.	71883

(C) The hospital has failed to furnish humane, kind, and	71884
adequate treatment and care.	71885

(D) The hospital fails to comply with the licensure rules of	71886
the department.	71887

The department may inspect, ~~visit~~conduct an on-site review,	71888
and review the records of any hospital that the department has	71889
reason to believe is operating without a license.	71890

~~Sec. 5119.201.~~ Sec. 5119.331. If the department of ~~mental health~~	71891
mental health and addiction services determines that a hospital	71892
not licensed by the department is receiving for care or treatment	71893
any person who is or appears to be mentally ill, the department	71894
may request in writing that the attorney general petition the	71895
court of common pleas in the county where the hospital is located	71896
to enjoin the hospital from continued operation in violation of	71897
section ~~5119.20~~5119.33 of the Revised Code.	71898

~~Sec. 5119.202.~~ Sec. 5119.332. No third-party payer shall directly	71899
or indirectly reimburse, nor shall any person be obligated to pay	71900
any hospital for psychiatric services for which a license is	71901
required under section ~~5119.20~~5119.33 of the Revised Code unless	71902
the hospital is licensed by the department of ~~mental health~~mental	71903
health and addiction services.	71904

As used in this section, "third-party payer" means a health	71905
insuring corporation licensed under Chapter 1751. of the Revised	71906
Code, an insurance company that issues sickness and accident	71907
insurance in conformity with Chapter 3923. of the Revised Code, a	71908
state-financed health insurance program under Chapter 3701.,	71909
4123., or 5101. of the Revised Code, or any self-insurance plan.	71910

~~Sec. 5119.21.~~ Sec. 5119.333. No person shall keep or maintain a	71911
hospital for the care or treatment of mentally ill persons unless	71912
it is licensed by the department of ~~mental health~~mental health	71913
and addiction services, as provided by section ~~5119.20~~5119.33 of	71914
the Revised Code.	71915

~~Sec. 5119.22.~~ Sec. 5119.34. (A) As used in this section and	71916
~~section 5119.221~~sections 5119.341 and 5119.342 of the Revised	71917
Code:	71918

(1) "Accommodations" means housing, daily meal preparation,	71919
laundry, housekeeping, arranging for transportation, social and	71920
recreational activities, maintenance, security, and other services	71921
that do not constitute personal care services or skilled nursing	71922
care.	71923

(2) "ADAMHS board" means a board of alcohol, drug addiction,	71924
and mental health services.	71925

(3) "Adult" means a person who is eighteen years of age or	71926
older, other than a person described in division (A)(4) of this	71927
section who is between eighteen and twenty-one years of age.	71928

(4) "Child" means a person who is under eighteen years of age	71929
or a person with a mental disability who is under twenty-one years	71930
of age.	71931

(5) "Community mental health ~~agency~~services provider" means	71932
a community mental health ~~agency~~services provider as defined in	71933
~~division (H) of~~ section ~~5122.01~~5119.01 of the Revised Code.	71934

(6) "Community mental health services" means any of the	71935
mental health services ~~listed~~described in section 340.09 of the	71936
Revised Code.	71937

(7) "Operator" means the person or persons, firm,	71938
partnership, agency, governing body, association, corporation, or	71939
other entity that is responsible for the administration and	71940
management of a residential facility and that is the applicant for	71941
a residential facility license.	71942

(8) "Personal care services" means services including, but	71943
not limited to, the following:	71944

(a) Assisting residents with activities of daily living;

71945

(b) Assisting residents with self-administration of	71946
medication in accordance with rules adopted under this section;	71947

(c) Preparing special diets, other than complex therapeutic	71948
diets, for residents pursuant to the instructions of a physician	71949
or a licensed dietitian, in accordance with rules adopted under	71950
this section.	71951

"Personal care services" does not include "skilled nursing	71952
care" as defined in section 3721.01 of the Revised Code. A	71953
facility need not provide more than one of the services listed in	71954
division (A)(8) of this section to be considered to be providing	71955
personal care services.	71956

(9) "Residential facility" means a publicly or privately	71957
operated home or facility that provides one of the following:	71958

(a) Accommodations, supervision, personal care services, and	71959
community mental health services for one or more ~~of the following~~	71960
unrelated ~~persons~~adults with mental illness or severe mental	71961
disabilities or to one or more unrelated children and adolescents	71962
with a serious emotional disturbance or who are in need of mental	71963
health services who are referred by or are receiving community	71964
mental health services from a community mental health ~~agency,~~	71965
services provider or hospital~~, or practitioner:~~	71966

~~(i) Adults with mental illness;~~

71967

~~(ii) Persons of any age with severe mental disabilities;~~

71968

~~(iii) Children with serious emotional disturbances or in need~~	71969
~~of mental health services~~.	71970

(b) Accommodations, supervision, and personal care services	71971
~~for only one or two unrelated adults; accommodations, supervision,~~	71972
~~and personal care services for three to sixteen unrelated adults;~~	71973
~~or accommodations, supervision, and personal care services for one~~	71974
~~or two of the following unrelated persons:~~	71975

~~(i) Persons of any age with mental illness who are referred~~	71976
~~by or are receiving community mental health services from a~~	71977
~~community mental health agency, hospital, or practitioner;~~	71978

~~(ii) Persons of any age with severe mental disabilities who~~	71979
~~are referred by or are receiving community mental health services~~	71980
~~from a community mental health agency, hospital, or practitioner~~	71981
to any of the following:	71982

(i) One or two unrelated persons with mental illness or	71983
persons with severe mental disabilities who are referred by or are	71984
receiving mental health services from a community mental health	71985
services provider or hospital;	71986

(ii) One or two unrelated adults who are receiving	71987
residential state supplement payments;	71988

(iii) Three to sixteen unrelated adults.

71989

(c) Room and board for five or more ~~of the following~~	71990
unrelated ~~persons:~~	71991

~~(i) Adults~~adults with mental illness or severe mental	71992
disability who are referred by or are receiving community mental	71993
health services from a community mental health ~~agency,~~services	71994
provider or hospital~~, or practitioner;~~	71995

~~(ii) Adults with severe mental disabilities who are referred~~	71996
~~by or are receiving community mental health services from a~~	71997
~~community mental health agency, hospital, or practitioner~~.	71998

(10) "Residential facility" does not include any of the	71999
following:	72000

(a) A hospital subject to licensure under section ~~5119.20~~	72001
5119.33 of the Revised Code;	72002

(b) A residential facility licensed under section 5123.19 of	72003
the Revised Code or otherwise regulated by the department of	72004
developmental disabilities;	72005

(c) An institution or association subject to certification	72006
under section 5103.03 of the Revised Code;	72007

(d) A facility operated by a hospice care program licensed	72008
under section 3712.04 of the Revised Code that is used exclusively	72009
for care of hospice patients;	72010

(e) ~~A facility operated by a pediatric respite care program~~	72011
~~licensed under section 3712.041 of the Revised Code that is used~~	72012
~~exclusively for care of pediatric respite care patients;~~	72013

~~(f)~~ A nursing home, residential care facility, or home for	72014
the aging as defined in section 3721.02 of the Revised Code;	72015

~~(g)~~(f) An alcohol or drug addiction program as defined in	72016
section ~~3793.01~~5119.01 of the Revised Code;	72017

~~(h)~~(g) A facility licensed to provide methadone treatment	72018
under section ~~3793.11~~5119.39 of the Revised Code;	72019

~~(i)~~(h) Any facility that receives funding for operating costs	72020
from the ~~department of~~ development services agency under any	72021
program established to provide emergency shelter housing or	72022
transitional housing for the homeless;	72023

~~(j)~~(i) A terminal care facility for the homeless that has	72024
entered into an agreement with a hospice care program under	72025
section 3712.07 of the Revised Code;	72026

~~(k)~~(j) A facility approved by the veterans administration	72027
under section 104(a) of the "Veterans Health Care Amendments of	72028
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used	72029
exclusively for the placement and care of veterans.	72030

(11) "Room and board" means the provision of sleeping and	72031
living space, meals or meal preparation, laundry services,	72032
housekeeping services, or any combination thereof.	72033

(12) "Residential state supplement" means the program	72034
administered under section 5119.41 of the Revised Code and related	72035
provisions of the Administrative Code under which the state	72036
supplements the supplemental security income payments received by	72037
aged, blind, or disabled adults under Title XVI of the Social	72038
Security Act. Residential state supplement payments are used for	72039
the provision of accommodations, supervision, and personal care	72040
services to supplemental security income recipients the department	72041
of mental health and addition services determines are at risk of	72042
needing institutional care.	72043

(13) "Supervision" means any of the following:

72044

(a) Observing a resident to ensure the resident's health,	72045
safety, and welfare while the resident engages in activities of	72046
daily living or other activities;	72047

(b) Reminding a resident to perform or complete an activity,	72048
such as reminding a resident to engage in personal hygiene or	72049
other self-care activities;	72050

72051

~~(13)~~(14) "Unrelated" means that a resident is not related to	72052
the owner or operator of a residential facility or to the owner's	72053
or operator's spouse as a parent, grandparent, child, stepchild,	72054
grandchild, brother, sister, niece, nephew, aunt, or uncle, or as	72055
the child of an aunt or uncle.	72056

(B) Nothing in division (A)(9) of this section shall be	72057
construed to permit personal care services to be imposed on a	72058
resident who is capable of performing the activity in question	72059
without assistance.	72060

(C) Except in the case of a residential facility described in	72061
division (A)(9)(a) of this section, members of the staff of a	72062
residential facility shall not administer medication to the	72063
facility's residents, but may do any of the following:	72064

(1) Remind a resident when to take medication and watch to	72065
ensure that the resident follows the directions on the container;	72066

(2) Assist a resident in the self-administration of	72067
medication by taking the medication from the locked area where it	72068
is stored, in accordance with rules adopted pursuant to this	72069
section, and handing it to the resident. If the resident is	72070
physically unable to open the container, a staff member may open	72071
the container for the resident.	72072

(3) Assist a physically impaired but mentally alert resident,	72073
such as a resident with arthritis, cerebral palsy, or Parkinson's	72074
disease, in removing oral or topical medication from containers	72075
and in consuming or applying the medication, upon request by or	72076
with the consent of the resident. If a resident is physically	72077
unable to place a dose of medicine to the resident's mouth without	72078
spilling it, a staff member may place the dose in a container and	72079
place the container to the mouth of the resident.	72080

(D)(1) Except as provided in division (D)(2) of this section,	72081
a person operating or seeking to operate a residential facility	72082
shall apply for licensure of the facility to the department of	72083
~~mental health~~mental health and addiction services. The	72084
application shall be submitted by the operator. When applying for	72085
the license, the applicant shall pay to the department the	72086
application fee specified in rules adopted under division ~~(L)~~(K)	72087
of this section. The fee is nonrefundable.	72088

The department shall send a copy of an application to the	72089
ADAMHS board serving the county in which the person operates or	72090
seeks to operate the facility. The ADAMHS board shall review the	72091
application and provide to the department any information about	72092
the applicant or the facility that the board would like the	72093
department to consider in reviewing the application.	72094

(2) A person may not apply for a license to operate a	72095
residential facility if the person is or has been the owner,	72096
operator, or manager of a residential facility for which a license	72097
to operate was revoked or for which renewal of a license was	72098
refused for any reason other than nonpayment of the license	72099
renewal fee, unless both of the following conditions are met:	72100

(a) A period of not less than two years has elapsed since the	72101
date the director of ~~mental health~~mental health and addiction	72102
services issued the order revoking or refusing to renew the	72103
facility's license.	72104

(b) The director's revocation or refusal to renew the license	72105
was not based on an act or omission at the facility that violated	72106
a resident's right to be free from abuse, neglect, or	72107
exploitation.	72108

(E)(1) ~~Any person may operate a residential facility~~	72109
~~providing accommodations and personal care services for one to~~	72110
~~five unrelated persons and licensed as a residential facility that~~	72111
~~meets the criteria specified in division (A)(9)(b) of this section~~	72112
~~as a permitted use in any residential district or zone, including~~	72113
~~any single-family residential district or zone of any political~~	72114
~~subdivision. Such facilities may be required to comply with area,~~	72115
~~height, yard, and architectural compatibility requirements that~~	72116
~~are uniformly imposed upon all single-family residences within the~~	72117
~~district or zone.~~	72118

~~(2) Any person may operate a residential facility providing~~	72119
~~accommodations and personal care services for six to sixteen~~	72120
~~persons and licensed as a residential facility that meets the~~	72121
~~criteria specified in division (A)(9)(b) of this section as a~~	72122
~~permitted use in any multiple-family residential district or zone~~	72123
~~of any political subdivision, except that a political subdivision~~	72124
~~that has enacted a zoning ordinance or resolution establishing~~	72125
~~planned-unit development districts as defined in section 519.021~~	72126
~~of the Revised Code may exclude such facilities from such~~	72127
~~districts, and a political subdivision that has enacted a zoning~~	72128
~~ordinance or resolution may regulate such facilities in~~	72129
~~multiple-family residential districts or zones as a conditionally~~	72130
~~permitted use or special exception, in either case, under~~	72131
~~reasonable and specific standards and conditions set out in the~~	72132
~~zoning ordinance or resolution to:~~	72133

~~(a) Require the architectural design and site layout of the~~	72134
~~home and the location, nature, and height of any walls, screens,~~	72135
~~and fences to be compatible with adjoining land uses and the~~	72136
~~residential character of the neighborhood;~~	72137

~~(b) Require compliance with yard, parking, and sign~~	72138
~~regulation.~~	72139

~~(3) Divisions (E)(1) and (2) of this section do not affect~~	72140
~~any right of a political subdivision to permit a person to operate~~	72141
~~a residential facility licensed under this section in a~~	72142
~~single-family residential district or zone under conditions~~	72143
~~established by the political subdivision.~~	72144

~~(4)(a) Notwithstanding divisions (E)(1) and (2) of this~~	72145
~~section and except as provided in division (E)(4)(b) of this~~	72146
~~section, a political subdivision that has enacted a zoning~~	72147
~~ordinance or resolution may limit the excessive concentration of~~	72148
~~licensed residential facilities that meet the criteria specified~~	72149
~~in division (A)(9)(b) of this section.~~	72150

~~(b) Division (E)(4)(a) of this section does not authorize a~~	72151
~~political subdivision to prevent or limit the continued existence~~	72152
~~and operation of residential facilities existing and operating on~~	72153
~~September 10, 2012, and that meet the criteria specified in~~	72154
~~division (A)(9)(b) of this section. A political subdivision may~~	72155
~~consider the existence of such facilities for the purpose of~~	72156
~~limiting the excessive concentration of such facilities that meet~~	72157
~~the criteria specified in division (A)(9)(b) of this section that~~	72158
~~are not existing and operating on September 10, 2012.~~	72159

~~(F)(1)~~ The department of ~~mental health~~mental health and	72160
addiction services shall inspect and license the operation of	72161
residential facilities. The department shall consider the past	72162
record of the facility and the applicant or licensee in arriving	72163
at its licensure decision.	72164

The department may issue full, probationary, and interim	72165
licenses. A full license shall expire two years after the date of	72166
issuance, a probationary license shall expire in a shorter period	72167
of time as specified in rules adopted by the director of mental	72168
health under division ~~(L)~~(K) of this section, and an interim	72169
license shall expire ninety days after the date of issuance. A	72170
license may be renewed in accordance with rules adopted by the	72171
director under division ~~(L)~~(K) of this section. The renewal	72172
application shall be submitted by the operator. When applying for	72173
renewal of a license, the applicant shall pay to the department	72174
the renewal fee specified in rules adopted under division ~~(L)~~(K)	72175
of this section. The fee is nonrefundable.	72176

(2) The department may issue an order suspending the	72177
admission of residents to the facility or refuse to issue or renew	72178
and may revoke a license if it finds the facility is not in	72179
compliance with rules adopted by the director pursuant to division	72180
~~(L)~~(K) of this section or if any facility operated by the	72181
applicant or licensee has been cited for repeated violations of	72182
statutes or rules during the period of previous licenses.	72183
Proceedings initiated to deny applications for full or	72184
probationary licenses or to revoke such licenses are governed by	72185
Chapter 119. of the Revised Code.	72186

~~(G)~~(F) The department may issue an interim license to operate	72187
a residential facility if both of the following conditions are	72188
met:	72189

(1) The department determines that the closing of or the need	72190
to remove residents from another residential facility has created	72191
an emergency situation requiring immediate removal of residents	72192
and an insufficient number of licensed beds are available.	72193

(2) The residential facility applying for an interim license	72194
meets standards established for interim licenses in rules adopted	72195
by the director under division ~~(L)~~(K) of this section.	72196

An interim license shall be valid for ninety days and may be	72197
renewed by the director no more than twice. Proceedings initiated	72198
to deny applications for or to revoke interim licenses under this	72199
division are not subject to Chapter 119. of the Revised Code.	72200

~~(H)~~(G)(1) The department of mental health may conduct an	72201
inspection of a residential facility as follows:	72202

(a) Prior to issuance of a license for the facility;

72203

(b) Prior to renewal of the license;

72204

(c) To determine whether the facility has completed a plan of	72205
correction required pursuant to division ~~(H)~~(G)(2) of this section	72206
and corrected deficiencies to the satisfaction of the department	72207
and in compliance with this section and rules adopted pursuant to	72208
it;	72209

(d) Upon complaint by any individual or agency;

72210

(e) At any time the director considers an inspection to be	72211
necessary in order to determine whether the facility is in	72212
compliance with this section and rules adopted pursuant to this	72213
section.	72214

(2) In conducting inspections the department may conduct an	72215
on-site examination and evaluation of the residential facility and	72216
its personnel, activities, and services. The department shall have	72217
access to examine and copy all records, accounts, and any other	72218
documents relating to the operation of the residential facility,	72219
including records pertaining to residents, and shall have access	72220
to the facility in order to conduct interviews with the operator,	72221
staff, and residents. Following each inspection and review, the	72222
department shall complete a report listing any deficiencies, and	72223
including, when appropriate, a time table within which the	72224
operator shall correct the deficiencies. The department may	72225
require the operator to submit a plan of correction describing how	72226
the deficiencies will be corrected.	72227

~~(I)~~(H) No person shall do any of the following:

72228

(1) Operate a residential facility unless the facility holds	72229
a valid license;	72230

(2) Violate any of the conditions of licensure after having	72231
been granted a license;	72232

(3) Interfere with a state or local official's inspection or	72233
investigation of a residential facility;	72234

(4) Violate any of the provisions of this section or any	72235
rules adopted pursuant to this section.	72236

~~(J)~~(I) The following may enter a residential facility at any	72237
time:	72238

(1) Employees designated by the director of ~~mental health~~	72239
mental health and addiction services;	72240

(2) Employees of an ADAMHS board under either of the	72241
following circumstances:	72242

(a) When a resident of the facility is receiving services	72243
from a community mental health ~~agency~~services provider under	72244
contract with that ADAMHS board or another ADAMHS board;	72245

(b) When authorized by section 340.05 of the Revised Code.

72246

(3) Employees of a community mental health ~~agency~~services	72247
provider under either of the following circumstances:	72248

(a) When the ~~agency~~services provider has a ~~client~~person	72249
receiving services residing in the facility;	72250

(b) When the ~~agency~~services provider is acting as an agent	72251
of an ADAMHS board other than the board with which it is under	72252
contract.	72253

(4) Representatives of the state long-term care ombudsperson	72254
program when the facility provides accommodations, supervision,	72255
and personal care services for three to sixteen unrelated adults	72256
or to one or two unrelated adults who are recipients under the	72257
residential state supplement program.	72258

The persons specified in division ~~(J)~~(I) of this section	72259
shall be afforded access to examine and copy all records,	72260
accounts, and any other documents relating to the operation of the	72261
residential facility, including records pertaining to residents.	72262

~~(K)~~(J) Employees of the department of ~~mental health~~mental	72263
health and addiction services may enter, for the purpose of	72264
investigation, any institution, residence, facility, or other	72265
structure which has been reported to the department as, or that	72266
the department has reasonable cause to believe is, operating as a	72267
residential facility without a valid license.	72268

~~(L)~~(K) The director shall adopt and may amend and rescind	72269
rules pursuant to Chapter 119. of the Revised Code governing the	72270
licensing and operation of residential facilities. The rules shall	72271
establish all of the following:	72272

(1) Minimum standards for the health, safety, adequacy, and	72273
cultural competency of treatment of and services for persons in	72274
residential facilities;	72275

(2) Procedures for the issuance, renewal, or revocation of	72276
the licenses of residential facilities;	72277

(3) Procedures for conducting criminal records checks for	72278
~~prospective~~ operators, ~~staff~~employees, and ~~other individuals~~	72279
volunteers who~~, if employed by a residential facility, would~~may	72280
have ~~unsupervised~~direct access to facility residents;	72281

(4) The fee to be paid when applying for a new residential	72282
facility license or renewing the license;	72283

(5) Procedures for the operator of a residential facility to	72284
follow when notifying the ADAMHS board serving the county in which	72285
the facility is located when the facility is serving residents	72286
with mental illness or severe mental disability, including the	72287
circumstances under which the operator is required to make such a	72288
notification;	72289

(6) Procedures for the issuance and termination of orders of	72290
suspension of admission of residents to a residential facility;	72291

(7) Measures to be taken by residential facilities relative	72292
to residents' medication;	72293

(8) Requirements relating to preparation of special diets;

72294

(9) The maximum number of residents who may be served in a	72295
residential facility;	72296

(10) The rights of residents of residential facilities and	72297
procedures to protect such rights;	72298

(11) Procedures for obtaining an affiliation agreement	72299
approved by the board between a residential facility and a	72300
community mental health ~~agency~~services provider;	72301

(12) Standards and procedures under which the director may	72302
waive the requirements of any of the rules adopted.	72303

~~(M)~~(L)(1) The department may withhold the source of any	72304
complaint reported as a violation of this section when the	72305
department determines that disclosure could be detrimental to the	72306
department's purposes or could jeopardize the investigation. The	72307
department may disclose the source of any complaint if the	72308
complainant agrees in writing to such disclosure and shall	72309
disclose the source upon order by a court of competent	72310
jurisdiction.	72311

(2) Any person who makes a complaint under division ~~(M)~~(L)(1)	72312
of this section, or any person who participates in an	72313
administrative or judicial proceeding resulting from such a	72314
complaint, is immune from civil liability and is not subject to	72315
criminal prosecution, other than for perjury, unless the person	72316
has acted in bad faith or with malicious purpose.	72317

~~(N)~~(M)(1) The director of ~~mental health~~mental health and	72318
addiction services may petition the court of common pleas of the	72319
county in which a residential facility is located for an order	72320
enjoining any person from operating a residential facility without	72321
a license or from operating a licensed facility when, in the	72322
director's judgment, there is a present danger to the health or	72323
safety of any of the occupants of the facility. The court shall	72324
have jurisdiction to grant such injunctive relief upon a showing	72325
that the respondent named in the petition is operating a facility	72326
without a license or there is a present danger to the health or	72327
safety of any residents of the facility.	72328

(2) When the court grants injunctive relief in the case of a	72329
facility operating without a license, the court shall issue, at a	72330
minimum, an order enjoining the facility from admitting new	72331
residents to the facility and an order requiring the facility to	72332
assist with the safe and orderly relocation of the facility's	72333
residents.	72334

(3) If injunctive relief is granted against a facility for	72335
operating without a license and the facility continues to operate	72336
without a license, the director shall refer the case to the	72337
attorney general for further action.	72338

~~(O)~~(N) The director may fine a person for violating division	72339
~~(I)~~(H) of this section. The fine shall be five hundred dollars for	72340
a first offense; for each subsequent offense, the fine shall be	72341
one thousand dollars. The director's actions in imposing a fine	72342
shall be taken in accordance with Chapter 119. of the Revised	72343
Code.	72344

Sec. 5119.341. (A) Any person may operate a residential	72345
facility providing accommodations and personal care services for	72346
one to five unrelated persons and licensed as a residential	72347
facility that meets the criteria specified in division (A)(9)(b)	72348
of section 5119.34 of the Revised Code as a permitted use in any	72349
residential district or zone, including any single-family	72350
residential district or zone of any political subdivision. Such	72351
facilities may be required to comply with area, height, yard, and	72352
architectural compatibility requirements that are uniformly	72353
imposed upon all single-family residences within the district or	72354
zone.	72355

(B) Any person may operate a residential facility providing	72356
accommodations and personal care services for six to sixteen	72357
persons and licensed as a residential facility that meets the	72358
criteria specified in division (A)(9)(b) of section 5119.34 of the	72359
Revised Code as a permitted use in any multiple-family residential	72360
district or zone of any political subdivision, except that a	72361
political subdivision that has enacted a zoning ordinance or	72362
resolution establishing planned-unit developments as defined in	72363
section 519.021 of the Revised Code may exclude such facilities	72364
from such districts, and a political subdivision that has enacted	72365
a zoning ordinance or resolution may regulate such facilities in	72366
multiple-family residential districts or zones as a conditionally	72367
permitted use or special exception, in either case, under	72368
reasonable and specific standards and conditions set out in the	72369
zoning ordinance or resolution to:	72370

(1) Require the architectural design and site layout of the	72371
home and the location, nature, and height of any walls, screens,	72372
and fences to be compatible with adjoining land uses and the	72373
residential character of the neighborhood;	72374

(2) Require compliance with yard, parking, and sign	72375
regulation.	72376

(C) Divisions (A)(1) and (2) of this section do not affect	72377
any right of a political subdivision to permit a person to operate	72378
a residential facility licensed under section 5119.34 of the	72379
Revised Code in a single-family residential district or zone under	72380
conditions established by the political subdivision.	72381

(D)(1) Notwithstanding divisions (A) and (B) of this section	72382
and except as provided in division (D)(2) of this section, a	72383
political subdivision that has enacted a zoning ordinance or	72384
resolution may limit the excessive concentration of licensed	72385
residential facilities that meet the criteria specified in	72386
division (A)(9)(b) of section 5119.34 of the Revised Code.	72387

(2) Division (D)(1) of this section does not authorize a	72388
political subdivision to prevent or limit the continued existence	72389
and operation of residential facilities existing and operating on	72390
September 10, 2012, and that meet the criteria specified in	72391
division (A)(9)(b) of section 5119.34 of the Revised Code. A	72392
political subdivision may consider the existence of such	72393
facilities for the purpose of limiting the excessive concentration	72394
of such facilities that meet the criteria specified in division	72395
(A)(9)(b) of section 5119.34 of the Revised Code that are not	72396
existing and operating on September 10, 2012.	72397

~~Sec. 5119.221.~~ Sec. 5119.342. (A) Upon petition by the director of	72398
~~mental health~~mental health and addiction services, the court of	72399
common pleas or the probate court may appoint a receiver to take	72400
possession of and operate a residential facility licensed pursuant	72401
to section ~~5119.22~~5119.34 of the Revised Code, when conditions	72402
existing at the residential facility present a substantial risk of	72403
physical or mental harm to residents and no other remedies at law	72404
are adequate to protect the health, safety, and welfare of the	72405
residents.	72406

Petitions filed pursuant to this section shall include:

72407

(1) A description of the specific conditions existing at the	72408
residential facility which present a substantial risk of physical	72409
or mental harm to residents;	72410

(2) A statement of the absence of other adequate remedies at	72411
law;	72412

(3) The number of individuals residing at the facility;

72413

(4) A statement that the facts have been brought to the	72414
attention of the owner or licensee and that conditions have not	72415
been remedied within a reasonable period of time or that the	72416
conditions, though remedied periodically, habitually exist at the	72417
residential facility as a pattern or practice; and	72418

(5) The name and address of the person holding the license	72419
for the residential facility.	72420

(B) A court in which a petition is filed pursuant to this	72421
section shall notify the person holding the license for the	72422
facility of the filing. The department shall send notice of the	72423
filing to the following, as appropriate: the Ohio protection and	72424
advocacy system as defined in section 5123.60 of the Revised Code;	72425
facility owner; facility operator; board of alcohol, drug	72426
addiction, and mental health services; board of health; department	72427
of developmental disabilities; department of job and family	72428
services; facility residents; and residents' families and	72429
guardians. The court shall provide a hearing on the petition	72430
within five court days of the time it was filed, except that the	72431
court may appoint a receiver prior to that time if it determines	72432
that the circumstances necessitate such action.	72433

Following a hearing on the petition, and upon a determination	72434
that the appointment of a receiver is warranted, the court shall	72435
appoint a receiver and notify the department of ~~mental health~~	72436
mental health and addiction services and appropriate persons of	72437
this action.	72438

In setting forth the powers of the receiver, the court may	72439
generally authorize the receiver to do all that is prudent and	72440
necessary to safely and efficiently operate the residential	72441
facility within the requirements of state and federal law, but	72442
shall require the receiver to obtain court approval prior to	72443
making any single expenditure of more than five thousand dollars	72444
to correct deficiencies in the structure or furnishings of a	72445
facility. The court shall closely review the conduct of the	72446
receiver and shall require regular and detailed reports.	72447

(C) A receivership established pursuant to this section shall	72448
be terminated, following notification of the appropriate parties	72449
and a hearing, if the court determines either of the following:	72450

(1) The residential facility has been closed and the former	72451
residents have been relocated to an appropriate facility;	72452

(2) Circumstances no longer exist at the residential facility	72453
which present a substantial risk of physical or mental harm to	72454
residents, and there is no deficiency in the residential facility	72455
that is likely to create a future risk of harm.	72456

Notwithstanding division (C)(2) of this section, the court	72457
shall not terminate a receivership for a residential facility that	72458
has previously operated under another receivership unless the	72459
responsibility for the operation of the facility is transferred to	72460
an operator approved by the court and the department of ~~mental~~	72461
~~health~~mental health and addiction services.	72462

(D) Except for the department of ~~mental health~~mental health	72463
and addiction services or appropriate board of alcohol, drug	72464
addiction, and mental health services, no party or person	72465
interested in an action shall be appointed a receiver pursuant to	72466
this section.	72467

To assist the court in identifying persons qualified to be	72468
named as receivers, the director of ~~the department of mental~~	72469
~~health~~mental health and addiction services shall maintain a list	72470
of the names of such persons. The department of ~~mental health~~	72471
mental health and addiction services, the department of job and	72472
family services, and the department of health shall provide	72473
technical assistance to any receiver appointed pursuant to this	72474
section.	72475

Before entering upon the duties of receiver, the receiver	72476
must be sworn to perform the duties faithfully, and, with surety	72477
approved by the court, judge, or clerk, execute a bond to such	72478
person, and in such sum as the court or judge directs, to the	72479
effect that such receiver will faithfully discharge the duties of	72480
receiver in the action, and obey the orders of the court therein.	72481

(1) Under the control of the appointing court, a receiver may	72482
do the following:	72483

(a) Bring and defend actions in the appointee's name as	72484
receiver;	72485

(b) Take and keep possession of property.

72486

(2) The court shall authorize the receiver to do the	72487
following:	72488

(a) Collect payment for all goods and services provided to	72489
the residents or others during the period of the receivership at	72490
the same rate as was charged by the licensee at the time the	72491
petition for receivership was filed, unless a different rate is	72492
set by the court;	72493

(b) Honor all leases, mortgages, and secured transactions	72494
governing all buildings, goods, and fixtures of which the receiver	72495
has taken possession, but, in the case of a rental agreement only	72496
to the extent of payments that are for the use of the property	72497
during the period of the receivership, or, in the case of a	72498
purchase agreement, only to the extent that payments come due	72499
during the period of the receivership;	72500

(c) If transfer of residents is necessary, provide for the	72501
orderly transfer of residents by:	72502

(i) Cooperating with all appropriate state and local agencies	72503
in carrying out the transfer of residents to alternative community	72504
placements;	72505

(ii) Providing for the transportation of residents'	72506
belongings and records;	72507

(iii) Helping to locate alternative placements and develop	72508
plans for transfer;	72509

(iv) Encouraging residents or guardians to participate in	72510
transfer planning except when an emergency exists and immediate	72511
transfer is necessary.	72512

(d) Make periodic reports on the status of the residential	72513
facility to the court; the appropriate state agencies; and the	72514
board of alcohol, drug addiction, and mental health services. Each	72515
report shall be made available to residents, their guardians, and	72516
families.	72517

(e) Compromise demands or claims; and

72518

(f) Generally do such acts respecting the residential	72519
facility as the court authorizes.	72520

Notwithstanding any other provision of law, contracts which	72521
are necessary to carry out the powers and duties of the receiver	72522
need not be competitively bid.	72523

~~Sec. 5119.611.~~ Sec. 5119.36. (A) A community mental health ~~agency~~	72524
services provider applicant or community addiction services	72525
provider applicant that seeks certification of its community	72526
mental health services or community addiction services shall	72527
submit an application to the director of ~~mental health~~mental	72528
health and addiction services. On receipt of the application, the	72529
director may ~~visit~~conduct an on-site review and shall evaluate	72530
the ~~agency~~provider to determine whether its services satisfy the	72531
standards established by rules adopted under division ~~(C)~~(E) of	72532
this section. The director shall make the evaluation, and, if the	72533
director ~~visits~~reviews the ~~agency~~provider, ~~shall~~may make the	72534
~~visit~~on-site review, in cooperation with the board of alcohol,	72535
drug addiction, and mental health services with which the ~~agency~~	72536
provider seeks to contract under division (A)(8)(a) of section	72537
340.03 of the Revised Code.	72538

(B) Subject to section ~~5119.612~~5119.37 of the Revised Code,	72539
the director shall determine whether the services of an	72540
~~applicant's community mental health agency~~applicant satisfy the	72541
standards for certification of the services. If the director	72542
determines that a community mental health ~~agency's~~ services	72543
provider's or a community addiction services provider's services	72544
satisfy the standards for certification and the ~~agency~~provider	72545
has paid the fee required under division (D) of this section, the	72546
director shall certify the services. No community mental health	72547
services provider or community addiction services provider shall	72548
be eligible to receive state, federal, or alcohol, drug, and	72549
mental health services board administered funds unless its	72550
services have been certified by the department.	72551

(C) If the director determines that a community mental health	72552
~~agency's~~ services provider's or a community addiction services	72553
provider's services do not satisfy the standards for	72554
certification, the director shall identify the areas of	72555
noncompliance, specify what action is necessary to satisfy the	72556
standards, and may offer technical assistance to the provider and	72557
to the board of alcohol, drug addiction, and mental health	72558
services so that the board may assist the ~~agency~~provider in	72559
satisfying the standards. The director shall give the ~~agency~~	72560
provider a reasonable time within which to demonstrate that its	72561
services satisfy the standards or to bring the services into	72562
compliance with the standards. If the director concludes that the	72563
services continue to fail to satisfy the standards, the director	72564
may request that the board reallocate ~~the~~any funds for the	72565
~~community~~ mental health or addiction services the ~~agency~~provider	72566
was to provide to another community mental health ~~agency~~or	72567
addiction services provider whose community mental health or	72568
community addiction services satisfy the standards. If the board	72569
does not reallocate ~~those~~such funds in a reasonable period of	72570
time, the director may withhold state and federal funds for the	72571
~~community mental health~~ services and allocate those funds directly	72572
to a community mental health ~~agency~~or addiction services provider	72573
whose ~~community mental health~~ services satisfy the standards.	72574

(D) Each community mental health ~~agency~~services provider or	72575
community addiction services provider seeking certification of its	72576
~~community~~ mental health or addiction services under this section	72577
shall pay a fee for the certification required by this section,	72578
unless the provider is exempt under rules adopted under division	72579
(E) of this section. Fees shall be paid into the state treasury to	72580
the credit of the sale of goods and services fund created pursuant	72581
to section ~~5119.161~~5119.45 of the Revised Code.	72582

(E) The director shall adopt rules in accordance with Chapter	72583
119. of the Revised Code to implement this section. The rules	72584
shall do all of the following:	72585

(1) Establish certification standards for ~~community~~ mental	72586
health services~~, including assertive community treatment and~~	72587
~~intensive home-based mental health services,~~and addiction	72588
services that are consistent with nationally recognized applicable	72589
standards and facilitate participation in federal assistance	72590
programs. The rules shall include as certification standards only	72591
requirements that improve the quality of services or the health	72592
and safety of ~~clients of~~persons receiving community mental health	72593
and addiction services. The standards shall address at a minimum	72594
all of the following:	72595

(a) Reporting major unusual incidents to the director;

72596

(b) Procedures for applicants for and ~~clients of~~persons	72597
receiving community mental health and addiction services to file	72598
grievances and complaints;	72599

72600

(d) Restraint;

72601

(e) Requirements regarding physical facilities of service	72602
delivery sites;	72603

(f) Requirements with regard to health, safety, adequacy, and	72604
cultural specificity and sensitivity;	72605

(g) Standards for evaluating services;

72606

(h) Standards and procedures for granting full or conditional	72607
certification to a service provider;	72608

(i) Standards and procedures for revoking the certification	72609
of a provider's services that do not continue to meet the minimum	72610
standards established pursuant to this section;	72611

(j) The limitations to be placed on a provider that is	72612
granted conditional certification;	72613

(k) Development of written policies addressing the rights of	72614
~~clients~~persons receiving services, including all of the	72615
following:	72616

(i) The right to a copy of the written policies addressing	72617
~~client~~the rights of persons receiving services;	72618

(ii) The right at all times to be treated with consideration	72619
and respect for the ~~client's~~person's privacy and dignity;	72620

(iii) The right to have access to the ~~client's~~person's own	72621
psychiatric, medical, or other treatment records unless access is	72622
specifically restricted in the ~~client's~~person's treatment plan	72623
for clear treatment reasons;	72624

(iv) The right to have a client rights officer provided by	72625
the agency or board of alcohol, drug addiction, and mental health	72626
services advise the ~~client~~person of the ~~client's~~person's rights,	72627
including the ~~client's~~person's rights under Chapter 5122. of the	72628
Revised Code if the ~~client~~person is committed to the ~~agency~~	72629
provider or board.	72630

(2) ~~Establish standards for qualifications of mental health~~	72631
~~professionals as defined in section 340.02 of the Revised Code and~~	72632
~~personnel who provide the community mental health services;~~	72633

~~(3)~~ Establish the process for certification of community	72634
mental health and addiction services;	72635

~~(4)~~(3) Set the amount of certification review fees based on a	72636
portion of the cost of performing the review;	72637

~~(5)~~(4) Specify the type of notice and hearing to be provided	72638
prior to a decision on whether to reallocate funds.	72639

(F) The department shall maintain a current list of providers	72640
whose addiction services are certified by the department under	72641
division (B) of this section and shall provide a copy of the list	72642
to a judge of a court of common pleas who requests a copy for the	72643
use of the judge under division (H) of section 2925.03 of the	72644
Revised Code. The list of certified addiction services shall	72645
identify each provider by its name, its address, and the county in	72646
which it is located.	72647

(G) No person shall represent in any manner that a provider	72648
is certified by the department if the provider is not certified at	72649
the time the representation is made.	72650

~~Sec. 5119.613.~~ Sec. 5119.361. The director of ~~mental health~~mental	72651
health and addiction services shall require that each board of	72652
alcohol, drug addiction, and mental health services ensure that	72653
each community mental health ~~agency~~services provider and	72654
community addiction services provider with which it contracts	72655
under division (A)(8)(a) of section 340.03 of the Revised Code to	72656
provide community mental health services establish grievance	72657
procedures consistent with rules adopted under section ~~5119.611~~	72658
5119.36 of the Revised Code that are available to all ~~applicants~~	72659
~~for and clients of the~~persons seeking or receiving services from	72660
a community mental health or addiction services provider.	72661

~~Sec. 5119.612.~~ Sec. 5119.37. (A) In lieu of a determination by the	72662
director of ~~mental health~~mental health and addiction services of	72663
whether the services of a community mental health ~~agency~~services	72664
provider or a community addiction services provider satisfy the	72665
standards for certification under section ~~5119.611~~5119.36 of the	72666
Revised Code, the director shall accept appropriate accreditation	72667
of an applicant's mental health services, integrated mental health	72668
and alcohol and other drug addiction services, or integrated	72669
mental health and physical health services being provided in this	72670
state from any of the following national accrediting organizations	72671
as evidence that the applicant satisfies the standards for	72672
certification:	72673

(1) The joint commission;

72674

(2) The commission on accreditation of rehabilitation	72675
facilities;	72676

(3) The council on accreditation;

72677

(4) Other behavioral health accreditation as determined by	72678
the director.	72679

(B) If the director determines that an applicant's	72680
accreditation is current, is appropriate for the services for	72681
which the applicant is seeking certification, and the applicant	72682
meets any other requirements established under this section or in	72683
rules adopted under this section, the director shall certify the	72684
applicant's services that are accredited. Except as provided in	72685
division (C)(2) of this section, the director shall issue the	72686
certification without further evaluation of the services.	72687

72688

(1) The director may review the accrediting organizations	72689
listed in division (A) of this section to evaluate whether the	72690
accreditation standards and processes used by the organizations	72691
are consistent with service delivery models the director considers	72692
appropriate for mental health services, physical health services,	72693
or both. The director may communicate to an accrediting	72694
organization any identified concerns, trends, needs, and	72695
recommendations.	72696

(2) The director may ~~visit~~conduct an on-site review or	72697
otherwise evaluate a community mental health ~~agency~~services	72698
provider or a community addiction services provider at any time	72699
based on cause, including complaints made by or on behalf of	72700
~~consumers~~persons receiving services and confirmed or alleged	72701
deficiencies brought to the attention of the director.	72702

(3) The director shall require a community mental health	72703
~~agency~~services provider and a community addiction services	72704
provider to notify the director not later than ten days after any	72705
change in the ~~agency's~~provider's accreditation status. The ~~agency~~	72706
provider may notify the director by providing a copy of the	72707
relevant document the ~~agency~~provider received from the	72708
accrediting organization.	72709

(4) The director shall require a community mental health	72710
~~agency~~services provider and a community addiction services	72711
provider to submit to the director reports of major unusual	72712
incidents.	72713

(5) The director may require a community mental health ~~agency~~	72714
services provider or a community addiction services provider to	72715
submit to the director cost reports pertaining to the ~~agency~~	72716
provider.	72717

(D) The director shall adopt rules in accordance with Chapter	72718
119. of the Revised Code to implement this section. In adopting	72719
the rules, the director shall do all of the following:	72720

(1) Specify the documentation that must be submitted as	72721
evidence of holding appropriate accreditation;	72722

(2) Establish a process by which the director may review the	72723
accreditation standards and processes used by the national	72724
accrediting organizations listed in division (A) of this section;	72725

(3) Specify the circumstances under which reports of major	72726
unusual incidents and ~~agency~~provider cost reports must be	72727
submitted to the director;	72728

(4) Specify the circumstances under which the director may	72729
~~visit~~conduct an on-site review or otherwise evaluate a community	72730
mental health ~~agency~~services provider and a community addiction	72731
services provider for cause;	72732

(5) Establish a process by which the director, based on	72733
deficiencies identified as a result of ~~visiting~~conducting an	72734
on-site review or evaluating a community mental health ~~agency~~	72735
services provider or a community addiction services provider under	72736
division (C)(2) of this section, may take any of a range of	72737
corrective actions, with the most stringent being revocation of	72738
the certification of the ~~agency's~~provider's services.	72739

~~Sec. 3793.10.~~ Sec. 5119.38. A drivers' intervention program may be	72740
used as an alternative to a term of imprisonment for an offender	72741
sentenced pursuant to division (G)(1)(a) of section 4511.19 of the	72742
Revised Code, if it is certified by the director of ~~alcohol and~~	72743
~~drug addiction services~~mental health and addiction services	72744
pursuant to this section. No drivers' intervention program shall	72745
be used as an alternative to a term of imprisonment that is	72746
imposed pursuant to division (G)(1)(b), (c), (d), or (e) of	72747
section 4511.19 of the Revised Code.	72748

To qualify for certification by the director and to receive	72749
funds from the statewide treatment and prevention fund created by	72750
section 4301.30 of the Revised Code in any amounts and at any	72751
times that the director determines are appropriate, a drivers'	72752
intervention program shall meet state minimum standards that the	72753
director shall establish by rule. The rules shall include, but are	72754
not limited to, standards governing program course hours and	72755
content, qualifications of program personnel, methods of	72756
identifying and testing participants to isolate participants with	72757
alcohol and drug abuse problems, referral of such persons to	72758
~~alcohol and drug~~community addiction ~~programs~~services providers,	72759
the prompt notification of courts by program operators of the	72760
completion of the programs by persons required by courts to attend	72761
them, and record keeping, including methods of tracking	72762
participants for a reasonable time after they have left the	72763
program.	72764

The director shall issue a certificate to any qualified	72765
drivers' intervention program. The certificate is valid for three	72766
years.	72767

~~Sec. 3793.11.~~ Sec. 5119.39. (A) No ~~alcohol and drug~~community	72768
addiction ~~program~~services provider shall employ methadone	72769
treatment or prescribe, dispense, or administer methadone unless	72770
the program is licensed under this section. No ~~alcohol and drug~~	72771
community addiction ~~program~~services provider licensed under this	72772
section shall maintain methadone treatment in a manner	72773
inconsistent with this section and the rules adopted under it.	72774

(B) ~~An alcohol and drug~~A community addiction ~~program~~	72775
services provider may apply to the department of ~~alcohol and drug~~	72776
~~addiction services~~mental health and addiction services for a	72777
license to maintain methadone treatment. The department shall	72778
review all applications received.	72779

(C) The department may issue a license to maintain methadone	72780
treatment to ~~an alcohol and drug~~community addiction ~~program~~	72781
services provider only if all of the following apply:	72782

(1) The ~~program~~provider is operated by a private, nonprofit	72783
organization or by a government entity;	72784

(2) For at least two years immediately preceding the date of	72785
application, the ~~program~~provider has been fully certified under	72786
section ~~3793.06~~5119.36 of the Revised Code;	72787

(3) The ~~program~~provider has not been denied a license to	72788
maintain methadone treatment or had its license withdrawn or	72789
revoked within the five-year period immediately preceding the date	72790
of application;	72791

(4) It affirmatively appears to the department that the	72792
~~program~~provider is adequately staffed and equipped to maintain	72793
methadone treatment;	72794

(5) It affirmatively appears to the department that the	72795
~~program~~provider will maintain methadone treatment in strict	72796
compliance with section 3719.61 of the Revised Code, all other	72797
laws relating to drug abuse, and the rules adopted by the	72798
department;	72799

(6) Except as provided in division (D) of this section, there	72800
is no public or private school, licensed child day-care center, or	72801
other child-serving agency within a radius of five hundred feet of	72802
the location where the program is to maintain methadone treatment.	72803

(D) The department may waive the requirement of division	72804
(C)(6) of this section if it receives, from each public or private	72805
school, licensed child day-care center, or other child-serving	72806
agency that is within the applicable radius of the location where	72807
the program is to maintain methadone treatment, a letter of	72808
support for the location. The department shall determine whether a	72809
letter of support is satisfactory for purposes of waiving the	72810
requirement.	72811

(E) A license to maintain methadone treatment shall expire	72812
one year from the date of issuance. Licenses may be renewed.	72813

(F) The department shall establish procedures and adopt rules	72814
for licensing, inspection, and supervision of ~~alcohol and drug~~	72815
community addiction ~~programs~~services providers that maintain	72816
methadone treatment. The rules shall establish standards for the	72817
control, storage, furnishing, use, and dispensing of methadone,	72818
prescribe minimum standards for the operation of the methadone	72819
treatment component of the ~~program,~~provider's operations and	72820
comply with federal laws and regulations.	72821

All rules adopted under this division shall be adopted in	72822
accordance with Chapter 119. of the Revised Code. All actions	72823
taken by the department regarding the licensing of ~~programs~~	72824
providers to maintain methadone treatment shall be conducted in	72825
accordance with Chapter 119. of the Revised Code, except as	72826
provided in division (L) of this section.	72827

(G) The department of ~~alcohol and drug addiction services~~	72828
mental health and addiction services shall inspect all ~~alcohol and~~	72829
~~drug~~community addiction ~~programs~~services providers licensed to	72830
maintain methadone treatment. Inspections shall be conducted at	72831
least annually and may be conducted more frequently. No person or	72832
government entity shall interfere with a state or local government	72833
official acting on behalf of the department while conducting an	72834
inspection.	72835

(H) An ~~alcohol and drug~~community addiction ~~program~~services	72836
provider shall not administer or dispense methadone in a tablet,	72837
powder, or intravenous form. Methadone shall be administered or	72838
dispensed only in a liquid form intended for ingestion. A ~~program~~	72839
services provider shall not administer or dispense methadone to an	72840
individual for pain or other medical reasons.	72841

(I) As used in this division, "program sponsor" means a	72842
person who assumes responsibility for the operation and employees	72843
of the methadone treatment component of an ~~alcohol and drug~~	72844
community addiction ~~program~~services provider.	72845

~~An alcohol and drug~~A community addiction ~~program~~services	72846
provider shall not employ an individual who receives methadone	72847
treatment from that ~~program~~services provider. A program shall not	72848
permit an individual to act as a ~~program~~provider sponsor,	72849
medical director, or director of the ~~program~~provider if the	72850
individual is receiving methadone treatment from any ~~alcohol and~~	72851
~~drug~~community addiction ~~program~~services provider.	72852

(J) The department may issue orders to assure compliance with	72853
section 3719.61 of the Revised Code, all other laws relating to	72854
drug abuse, and the rules adopted under this section. Subject to	72855
section ~~3793.13~~5119.27 of the Revised Code, the department may	72856
hold hearings, require the production of relevant matter, compel	72857
testimony, issue subpoenas, and make adjudications. Upon failure	72858
of a person without lawful excuse to obey a subpoena or to produce	72859
relevant matter, the department may apply to a court of common	72860
pleas for an order compelling compliance.	72861

(K) The department may refuse to issue, or may withdraw or	72862
revoke, a license to maintain methadone treatment. A license may	72863
be refused if ~~an alcohol and drug~~a community addiction ~~program~~	72864
services provider does not meet the requirements of division (C)	72865
of this section. A license may be withdrawn at any time the	72866
department determines that the program no longer meets the	72867
requirements for receiving the license. A license may be revoked	72868
in accordance with division (L) of this section.	72869

In the case of a license issued prior to ~~the effective date~~	72870
~~of this amendment~~December 20, 2012, the department shall not	72871
consider the requirement of division (C)(6) of this section in	72872
determining whether to renew, withdraw, or revoke the license.	72873

(L) If the department of ~~alcohol and drug addiction services~~	72874
mental health and addiction services finds reasonable cause to	72875
believe that ~~an alcohol and drug~~a community addiction ~~program~~	72876
services provider licensed under this section is in violation of	72877
any provision of section 3719.61 of the Revised Code, or of any	72878
other state or federal law or rule relating to drug abuse, the	72879
department may issue an order immediately revoking the license,	72880
subject to division (M) of this section. The department shall set	72881
a date not more than fifteen days later than the date of the order	72882
of revocation for a hearing on the continuation or cancellation of	72883
the revocation. For good cause, the department may continue the	72884
hearing on application of any interested party. In conducting	72885
hearings, the department has all the authority and power set forth	72886
in division (J) of this section. Following the hearing, the	72887
department shall either confirm or cancel the revocation. The	72888
hearing shall be conducted in accordance with Chapter 119. of the	72889
Revised Code, except that the ~~program~~provider shall not be	72890
permitted to maintain methadone treatment pending the hearing or	72891
pending any appeal from an adjudication made as a result of the	72892
hearing. Notwithstanding any provision of Chapter 119. of the	72893
Revised Code to the contrary, a court shall not stay or suspend	72894
any order of revocation issued by the director under this division	72895
pending judicial appeal.	72896

(M) The department shall not revoke a license to maintain	72897
methadone treatment unless all ~~clients~~services recipients	72898
receiving methadone treatment from the ~~alcohol and drug~~community	72899
addiction ~~program~~services provider are provided adequate	72900
substitute treatment. For purposes of this division, the	72901
department may transfer the ~~clients~~services recipients to other	72902
programs licensed to maintain methadone treatment or replace any	72903
or all of the administrators and staff of the ~~program~~provider	72904
with representatives of the department who shall continue on a	72905
provisional basis the methadone treatment component of the	72906
program.	72907

(N) Each time the department receives an application from an	72908
~~alcohol and drug~~a community addiction ~~program~~services provider	72909
for a license to maintain methadone treatment, issues or refuses	72910
to issue a license, or withdraws or revokes a license, the	72911
department shall notify the board of alcohol, drug addiction, and	72912
mental health services of each alcohol, drug addiction, and mental	72913
health service district in which the ~~program is operated~~provider	72914
operates.	72915

(O) Whenever it appears to the department from files, upon	72916
complaint, or otherwise, that ~~an alcohol and drug~~community	72917
addiction ~~program~~services provider has engaged in any practice	72918
declared to be illegal or prohibited by section 3719.61 of the	72919
Revised Code, or any other state or federal laws or regulations	72920
relating to drug abuse, or when the department believes it to be	72921
in the best interest of the public and necessary for the	72922
protection of the citizens of the state, the department may	72923
request criminal proceedings by laying before the prosecuting	72924
attorney of the proper county any evidence of criminality which	72925
may come to its knowledge.	72926

(P) The department shall maintain a current list of ~~alcohol~~	72927
~~and drug~~community addiction ~~programs~~services providers licensed	72928
by the department under this section and shall provide a copy of	72929
the current list to a judge of a court of common pleas who	72930
requests a copy for the use of the judge under division (H) of	72931
section 2925.03 of the Revised Code. The list of licensed ~~alcohol~~	72932
~~and drug~~community addiction ~~programs~~services providers shall	72933
identify each licensed ~~program~~provider by its name, its address,	72934
and the county in which it is located.	72935

~~Sec. 5119.061.~~ Sec. 5119.40. (A) As used in this section,	72936
"mentally ill individual" and "specialized services" have the same	72937
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	72938

(B)(1) Except as provided in division (B)(2) of this section	72939
and rules adopted under division (E)(3) of this section, for	72940
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	72941
department of ~~mental health~~mental health and addiction services	72942
shall determine in accordance with ~~section 1919(e)(7) of~~ the	72943
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1919(e)(7), 42	72944
U.S.C.~~A. 301~~1396r(e)(7), ~~as amended,~~ and regulations adopted	72945
under section 1919(f)(8)(A) of that act, 42 U.S.C. 1396r(f)(8)(A),	72946
whether, because of the individual's physical and mental	72947
condition, a mentally ill individual seeking admission to a	72948
nursing facility requires the level of services provided by a	72949
nursing facility and, if the individual requires that level of	72950
services, whether the individual requires specialized services for	72951
mental illness. The determination required by this division shall	72952
be based on an independent physical and mental evaluation	72953
performed by a person or entity other than the department.	72954

(2) AExcept as provided in division (B)(3) of this section,	72955
a determination under ~~this~~ division (B)(1) of this section is not	72956
required for any of the following:	72957

(a) An individual seeking readmission to a nursing facility	72958
after having been transferred from a nursing facility to a	72959
hospital for care;	72960

(b) An individual who meets all of the following conditions:

72961

(i) The individual is admitted to the nursing facility	72962
directly from a hospital after receiving inpatient care at the	72963
hospital;	72964

(ii) The individual requires nursing facility services for	72965
the condition for which care in the hospital was received;	72966

(iii) The individual's attending physician has certified,	72967
before admission to the nursing facility, that the individual is	72968
likely to require less than thirty days of nursing facility	72969
services.	72970

(c) An individual transferred from one nursing facility to	72971
another nursing facility, with or without an intervening hospital	72972
stay.	72973

(3) A determination under division (B)(1) of this section is	72974
required for an individual described in division (B)(2)(a) or (b)	72975
of this section if the hospital from which the individual is	72976
transferred or directly admitted to a nursing facility is either	72977
of the following:	72978

(a) A hospital that the department maintains, operates,	72979
manages, and governs under section 5119.08 of the Revised Code for	72980
the care and treatment of mentally ill persons;	72981

(b) A free-standing hospital, or unit of a hospital, licensed	72982
by the department under section 5119.54 of the Revised Code.	72983

(C) Except as provided in rules adopted under division (F)(3)	72984
of this section, the department of ~~mental health~~mental health and	72985
addiction services shall review and determine for each resident of	72986
a nursing facility who is mentally ill, whether the resident,	72987
because of the resident's physical and mental condition, requires	72988
the level of services provided by a nursing facility and whether	72989
the resident requires specialized services for mental illness. The	72990
review and determination shall be conducted in accordance with	72991
section 1919(e)(7) of the "Social Security Act" and the	72992
regulations adopted under section 1919(f)(8)(A) of the act and	72993
based on an independent physical and mental evaluation performed	72994
by a person or entity other than the department. The review and	72995
determination shall be completed promptly after a nursing facility	72996
has notified the department that there has been a significant	72997
change in the resident's mental or physical condition.	72998

(D)(1) In the case of a nursing facility resident who has	72999
continuously resided in a nursing facility for at least thirty	73000
months before the date of a review and determination under	73001
division (C) of this section, if the resident is determined not to	73002
require the level of services provided by a nursing facility, but	73003
is determined to require specialized services for mental illness,	73004
the department, in consultation with the resident's family or	73005
legal representative and care givers, shall do all of the	73006
following:	73007

(a) Inform the resident of the institutional and	73008
noninstitutional alternatives covered under the state plan for	73009
medical assistance;	73010

(b) Offer the resident the choice of remaining in the nursing	73011
facility or receiving covered services in an alternative	73012
institutional or noninstitutional setting;	73013

(c) Clarify the effect on eligibility for services under the	73014
state plan for medical assistance if the resident chooses to leave	73015
the facility, including its effect on readmission to the facility;	73016

(d) Provide for or arrange for the provision of specialized	73017
services for the resident's mental illness in the setting chosen	73018
by the resident.	73019

(2) In the case of a nursing facility resident who has	73020
continuously resided in a nursing facility for less than thirty	73021
months before the date of the review and determination under	73022
division (C) of this section, if the resident is determined not to	73023
require the level of services provided by a nursing facility, but	73024
is determined to require specialized services for mental illness,	73025
or if the resident is determined to require neither the level of	73026
services provided by a nursing facility nor specialized services	73027
for mental illness, the department shall act in accordance with	73028
its alternative disposition plan approved by the United States	73029
department of health and human services under section	73030
1919(e)(7)(E) of the "Social Security Act."	73031

(3) In the case of an individual who is determined under	73032
division (B) or (C) of this section to require both the level of	73033
services provided by a nursing facility and specialized services	73034
for mental illness, the department of ~~mental health~~mental health	73035
and addiction services shall provide or arrange for the provision	73036
of the specialized services needed by the individual or resident	73037
while residing in a nursing facility.	73038

(E) The department of ~~mental health~~mental health and	73039
addiction services shall adopt rules in accordance with Chapter	73040
119. of the Revised Code that do all of the following:	73041

(1) Establish criteria to be used in making the	73042
determinations required by divisions (B) and (C) of this section.	73043
The criteria shall not exceed the criteria established by	73044
regulations adopted by the United States department of health and	73045
human services under section 1919(f)(8)(A) of the "Social Security	73046
Act."	73047

(2) Specify information to be provided by the individual or	73048
nursing facility resident being assessed;	73049

(3) Specify any circumstances, in addition to circumstances	73050
listed in division (B) of this section, under which determinations	73051
under divisions (B) and (C) of this section are not required to be	73052
made.	73053

~~Sec. 5119.69.~~ Sec. 5119.41. (A) As used in this section and	73054
section ~~5119.691~~5119.411 of the Revised Code:	73055

(1) ~~"Long-term care consultation program" means the program~~	73056
~~the department of aging is required to develop under section~~	73057
~~173.42 of the Revised Code.~~	73058

~~(2) "Long-term care consultation program administrator" or~~	73059
~~"administrator" means the department of aging or, if the~~	73060
~~department contracts with an area agency on aging or other entity~~	73061
~~to administer the long-term care consultation program for a~~	73062
~~particular area, that agency or entity.~~	73063

~~(3)~~ "Nursing facility" has the same meaning as in section	73064
~~5111.20~~5165.01 of the Revised Code.	73065

~~(4)~~(2) "Residential state supplement administrative agency"	73066
means the department of ~~mental health~~mental health and addiction	73067
services or, if the department designates an entity under division	73068
(C) of this section for a particular area, the designated entity.	73069

~~(5)~~(3) "Residential state supplement program" means the	73070
program administered pursuant to this section.	73071

(B) The department of ~~mental health~~mental health and	73072
addiction services shall implement the residential state	73073
supplement program under which the state supplements the	73074
supplemental security income payments received by aged, blind, or	73075
disabled adults under Title XVI of the "Social Security Act," 49	73076
~~Stat. 620 (1935),~~ 42 U.S.C.~~A., as amended~~1381 et seq. Residential	73077
state supplement payments shall be used for the provision of	73078
accommodations, supervision, and personal care services to social	73079
security, supplemental security income, and social security	73080
disability insurance recipients who the department determines are	73081
at risk of needing institutional care.	73082

(C) In implementing the program, the department may designate	73083
one or more entities to be responsible for providing	73084
administrative services regarding the program. The department may	73085
designate an entity to be a residential state supplement	73086
administrative agency under this division either by entering into	73087
a contract with the entity to serve in that capacity or by	73088
otherwise delegating to the entity the responsibility to serve in	73089
that capacity.	73090

(D) For an individual to be eligible for residential state	73091
supplement payments, all of the following must be the case:	73092

(1) Except as provided by division (H) of this section, the	73093
individual must reside in one of the following:	73094

(a) A ~~home or~~residential care facility~~, other than a nursing~~	73095
~~home or nursing home unit of a home for the aging,~~ licensed by the	73096
department of health under Chapter 3721. of the Revised Code or an	73097
assisted living program as defined in section 173.51 of the	73098
Revised Code;	73099

(b) A residential facility as defined in division (A)(9)(b)	73100
of section ~~5119.22~~5119.34 of the Revised Code licensed by the	73101
department of ~~mental health~~mental health and addiction services;	73102

(c) An apartment or room used to provide community mental	73103
health housing services certified by the department of ~~mental~~	73104
~~health~~mental health and addiction services under section ~~5119.611~~	73105
5119.36 of the Revised Code and approved by a board of alcohol,	73106
drug addiction, and mental health services under division (A)(14)	73107
of section 340.03 of the Revised Code.	73108

(2) A residential state supplement administrative agency must	73109
have determined that the environment in which the individual will	73110
be living while receiving the payments is appropriate for the	73111
individual's needs. If the individual is eligible for social	73112
security payments, supplemental security income payments, or	73113
social security disability insurance benefits because of a mental	73114
disability, the residential state supplement administrative agency	73115
shall refer the individual to a community mental health ~~agency~~	73116
services provider for an assessment under division (A) of section	73117
340.091 of the Revised Code.	73118

(3) The individual satisfies all eligibility requirements	73119
established by rules adopted under division (E) of this section.	73120

(E) The ~~directors~~director of ~~mental health~~mental health and	73121
addiction services and ~~job and family services~~medicaid director	73122
shall adopt rules in accordance with section 111.15 of the Revised	73123
Code as necessary to implement the residential state supplement	73124
program.	73125

To the extent permitted by Title XVI of the "Social Security	73126
Act," and any other provision of federal law, the medicaid	73127
director ~~of job and family services~~ may adopt rules establishing	73128
standards for adjusting the eligibility requirements concerning	73129
the level of impairment a person must have so that the amount	73130
appropriated for the program by the general assembly is adequate	73131
for the number of eligible individuals. The rules shall not limit	73132
the eligibility of disabled persons solely on a basis classifying	73133
disabilities as physical or mental. The medicaid director ~~of job~~	73134
~~and family services~~ also may adopt rules that establish	73135
eligibility standards for aged, blind, or disabled individuals who	73136
reside in one of the homes or facilities specified in division	73137
(D)(1) of this section but who, because of their income, do not	73138
receive supplemental security income payments. The rules may	73139
provide that these individuals may include individuals who receive	73140
other types of benefits, including, social security payments or	73141
social security disability insurance benefits provided under Title	73142
II of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	73143
401, ~~as amended~~et seq. Notwithstanding division (B) of this	73144
section, such payments may be made if funds are available for	73145
them.	73146

The director of ~~mental health~~mental health and addiction	73147
services may adopt rules establishing the method to be used to	73148
determine the amount an eligible individual will receive under the	73149
program. The amount the general assembly appropriates for the	73150
program may be a factor included in the method that director	73151
establishes.	73152

(F) The county department of job and family services of the	73153
county in which an applicant for the residential state supplement	73154
program resides shall determine whether the applicant meets income	73155
and resource requirements for the program.	73156

(G) The department of ~~mental health~~mental health and	73157
addiction services shall maintain a waiting list of any	73158
individuals eligible for payments under this section but not	73159
receiving them because moneys appropriated to the department for	73160
the purposes of this section are insufficient to make payments to	73161
all eligible individuals. An individual may apply to be placed on	73162
the waiting list even though the individual does not reside in one	73163
of the homes or facilities specified in division (D)(1) of this	73164
section at the time of application. The director of ~~mental health~~	73165
mental health and addiction services, by rules adopted in	73166
accordance with Chapter 119. of the Revised Code, may specify	73167
procedures and requirements for placing an individual on the	73168
waiting list and priorities for the order in which individuals	73169
placed on the waiting list are to begin to receive residential	73170
state supplement payments. The rules specifying priorities may	73171
give priority to individuals placed on the waiting list on or	73172
after July 1, 2006, who receive social security payments, social	73173
security disability insurance, or supplemental security income	73174
benefits under Title XVI of the "Social Security Act," ~~86 Stat.~~	73175
~~1475 (1972),~~ 42 U.S.C. 1381, ~~as amended~~et seq. The rules shall	73176
not affect the place on the waiting list of any person who was on	73177
the list on July 1, 2006. The rules specifying priorities may also	73178
set additional priorities based on living arrangement, such as	73179
whether an individual resides in a facility listed in division	73180
(D)(1) of this section or has been admitted to a nursing facility.	73181

(H) An individual in a licensed or certified living	73182
arrangement receiving state supplementation on November 15, 1990,	73183
under former section 5101.531 of the Revised Code shall not become	73184
ineligible for payments under this section solely by reason of the	73185
individual's living arrangement as long as the individual remains	73186
in the living arrangement in which the individual resided on	73187
November 15, 1990.	73188

(I) The ~~department of mental health~~county department of job	73189
and family services from which the person is receiving benefits	73190
shall notify each person denied approval for payments under this	73191
section of the person's right to a hearing. On request, the	73192
hearing shall be provided in accordance with Chapter 119. of the	73193
Revised Code.	73194

~~Sec. 5119.691.~~ Sec. 5119.411. On a periodic schedule determined by	73195
the department of ~~mental health~~mental health and addiction	73196
services, each residential state supplement administrative agency	73197
shall determine whether individuals who reside in the area that	73198
the agency serves and are on a waiting list for the residential	73199
state supplement program have been admitted to a nursing facility.	73200
IfThe department shall have a process in place to ensure that if	73201
a residential state supplement administrative agency determines	73202
that such an individual has been admitted to a nursing facility,	73203
~~the agency shall notify the long-term care consultation program~~	73204
~~administrator serving the area in which the individual resides~~	73205
~~about the determination. The administrator shall determine~~there	73206
shall be a determination whether the residential state supplement	73207
program is appropriate for the individual and whether the	73208
individual would rather participate in the program than continue	73209
residing in the nursing facility. If ~~the administrator determines~~	73210
it is determined that the residential state supplement program is	73211
appropriate for the individual and the individual would rather	73212
participate in the program than continue residing in the nursing	73213
facility, the ~~administrator shall so notify the department of~~	73214
~~mental health. On receipt of the notice from the administrator,~~	73215
~~the~~ department of ~~mental health~~mental health and addiction	73216
services shall approve the individual's enrollment in the	73217
residential state supplement program in accordance with the	73218
priorities specified in rules adopted under division (G) of	73219
section ~~5119.69~~5119.41 of the Revised Code. Each quarter in which	73220
a waiting list is in place, the department of ~~mental health~~mental	73221
health and addiction services shall certify to the director of	73222
budget and management the estimated increase in costs of the	73223
residential state supplement program resulting from enrollment of	73224
individuals in the program pursuant to this section.	73225

~~Sec. 5119.63.~~ Sec. 5119.42. (A) As used in this section, "private,	73226
nonprofit organization" means a private association, organization,	73227
corporation, or other entity that is tax exempt under section	73228
501(a) and described in section 501(c) of the "Internal Revenue	73229
Code of 1986," 100 Stat. 2085, 26 U.S.C. 501.	73230

(B) To the extent funds are available and on application by	73231
boards of alcohol, drug addiction, and mental health services, the	73232
director of ~~mental health~~mental health and addiction services may	73233
approve state reimbursement of, or state grants for, community	73234
~~mental health~~ construction programs including residential housing	73235
for severely mentally disabled persons and persons with substance	73236
use disorders. The director may also approve an application for	73237
reimbursement or a grant for such programs submitted by other	73238
governmental entities or by private, nonprofit organizations,	73239
after the application has been reviewed and recommended for	73240
approval or disapproval by the board of alcohol, drug addiction,	73241
and mental health services for the district from which the	73242
application came, and the application is consistent with the plan	73243
submitted by the board under division (A) of section 340.03 of the	73244
Revised Code and the budget and statement of services submitted by	73245
the board under divisions (A) and (B) of section 340.08 of the	73246
Revised Code.	73247

(C)(1) The director of ~~mental health~~mental health and	73248
addiction services shall adopt rules in accordance with Chapter	73249
119. of the Revised Code that specify procedures for applying for	73250
state reimbursement of and state grants for community construction	73251
programs, including residential housing for severely mentally	73252
disabled persons and persons with substance use disorders and	73253
procedures and criteria for approval of such reimbursement and	73254
grants.	73255

(2) The director of ~~mental health~~mental health and addiction	73256
services shall not approve state reimbursement or a state grant	73257
unless all of the following conditions are met:	73258

(a) The applicant includes with the application a plan	73259
specifying the services, in addition to housing, that will be	73260
provided to persons who will reside in the residential housing.	73261
Services specified may include any of the services listed in	73262
section 340.09 of the Revised Code.	73263

(b) The director is satisfied that the residential housing	73264
for severely mentally disabled persons will be developed to	73265
promote the maximum practical integration of severely mentally	73266
disabled persons with persons at the same site who are not	73267
severely mentally disabled.	73268

(c) The use of any funds distributed pursuant to the	73269
reimbursement or grant will not subject any obligation from which	73270
the funds are derived to federal income taxation.	73271

(3) The director may enter into an agreement establishing	73272
terms for any reimbursement or grant approved under this division	73273
with the organization, board, or other government entity that is	73274
the recipient of the reimbursement or grant. Any such agreement is	73275
subject to any covenant or agreement pertaining to any obligation	73276
issued to provide funds for the reimbursement or grant.	73277

~~Sec. 5119.631.~~ Sec. 5119.421. (A) This section applies to a board	73278
of alcohol, drug addiction, and mental health services, another	73279
governmental entity, or a private, nonprofit organization that	73280
received a grant or reimbursement under section ~~5119.63~~5119.42 of	73281
the Revised Code for a facility on which the department of ~~mental~~	73282
~~health~~mental health and addiction services holds a security	73283
interest.	73284

(B) A board of alcohol, drug addiction, and mental health	73285
services, another governmental entity, or a private, nonprofit	73286
organization to which this section applies may apply to the	73287
director of ~~mental health~~mental health and addiction services for	73288
approval to sell its facility and acquire, construct, or renovate	73289
a replacement facility pursuant to this section. The director	73290
shall prescribe the form of the application. Before submitting an	73291
application to the director, a governmental entity or private,	73292
nonprofit organization must obtain approval of the application	73293
from the board of alcohol, drug addiction, and mental health	73294
services with jurisdiction over the service district in which the	73295
existing facility is located. The director shall approve an	73296
application for a replacement project upon determining that the	73297
project provides for the continuation of appropriate mental health	73298
and addiction services to the population served by the board,	73299
entity, or organization.	73300

(C) A board, entity, or organization that obtains approval	73301
for a project under division (B) of this section shall pay the	73302
proceeds of the sale of its facility to the director of ~~mental~~	73303
~~health~~mental health and addiction services. The director shall	73304
deposit the proceeds to the credit of the community capital	73305
replacement facilities fund.	73306

(D) When a board, entity, or organization that has sold its	73307
facility notifies the director of ~~mental health~~mental health and	73308
addiction services that it is ready to acquire, construct, or	73309
renovate a replacement facility, the director shall do one of the	73310
following:	73311

(1) If the replacement facility is located in the same	73312
alcohol, drug addiction, and mental health service district as the	73313
original facility, and if the purposes for which the replacement	73314
facility will be used are the same as or similar to those for the	73315
original facility, the director shall pay to the board, entity, or	73316
organization from the community capital replacement facilities	73317
fund an amount equal to the lesser of an amount equal to the	73318
proceeds of the sale of the original facility or the amount of the	73319
state's agreed-upon participation (as a per cent of the total	73320
cost) in the cost of the replacement facility. If the amount of	73321
the state's agreed-upon participation in the cost of the	73322
replacement facility is less than the value of the state's	73323
security interest in the original facility, the difference between	73324
the state's agreed-upon participation in the cost of the	73325
replacement facility and the value of the state's security	73326
interest in the original facility shall be retained in the	73327
community capital replacement facilities fund, and any excess	73328
proceeds shall be paid to the board, entity, or organization.	73329

(2) If the replacement facility is located in a different	73330
alcohol, drug addiction, and mental health service district than	73331
the original facility, or if the purposes for which the	73332
replacement facility will be used are not the same as or similar	73333
to those for the original facility, the director shall request	73334
controlling board approval for release of funds for the project.	73335
If the controlling board so approves, the director shall pay to	73336
the board, entity, or organization from the community capital	73337
replacement facilities fund the lesser of an amount equal to the	73338
proceeds of the sale of the original facility or the amount of the	73339
state's agreed-upon participation (as a per cent of the total	73340
cost) in the cost of the replacement facility. ifIf the amount of	73341
the state's agreed-upon participation in the cost of the	73342
replacement facility is less than the value of the state's	73343
security interest in the original facility, the difference between	73344
the state's agreed-upon participation in the cost of the	73345
replacement facility and the value of the state's security	73346
interest in the original facility shall be retained in the	73347
community capital replacement facilities fund, and any excess	73348
proceeds shall be paid to the board, entity, or organization.	73349

(E) The director of ~~mental health~~mental health and addiction	73350
services and a board, entity, or organization shall enter into an	73351
agreement specifying the terms of any payment made to the board,	73352
entity, or organization under division (D) of this section. The	73353
terms may include provision for the department of ~~mental health~~	73354
mental health and addiction services to hold a security interest	73355
in the facility.	73356

(F)(1) When approving an application under division (B) of	73357
this section, the director of ~~mental health~~mental health and	73358
addiction services shall establish a deadline by which the board,	73359
entity, or organization must notify the director that it is ready	73360
to acquire, construct, or renovate a replacement facility. If the	73361
board, entity, or organization does not notify the director on or	73362
before the deadline, the director may cancel the project. Upon	73363
canceling the project, the director shall pay to the board,	73364
entity, or organization from the community capital replacement	73365
facilities fund an amount equal to the portion of the proceeds of	73366
the sale of the original facility that exceeds the value of the	73367
state's security interest in the facility.	73368

(2) Notwithstanding the deadline established under division	73369
(F)(1) of this section, if at any time a board, entity, or	73370
organization notifies the director that it does not intend to	73371
acquire, construct, or renovate a replacement facility under this	73372
section, the director shall cancel the replacement project and pay	73373
to the board, entity, or organization from the community capital	73374
replacement facilities fund an amount equal to the portion of the	73375
proceeds of the sale of the original facility that exceeds the	73376
value of the state's security interest in the facility.	73377

(G) If a replacement project is canceled after the sale of	73378
the original facility, the director of ~~mental health~~mental health	73379
and addiction services shall use funds equal to the value of the	73380
state's security interest in the original facility for additional	73381
grants or reimbursements under section ~~5119.63~~5119.42 of the	73382
Revised Code. The director shall obtain the approval of the	73383
controlling board before releasing the additional grants or	73384
reimbursements.	73385

(H) The community capital replacement facilities fund is	73386
hereby created in the state treasury. The director of ~~mental~~	73387
~~health~~mental health and addiction services shall use the fund for	73388
the purposes of this section.	73389

~~Sec. 5119.16.~~ Sec. 5119.44. As used in this section, "free clinic"	73390
has the same meaning as in section 2305.2341 of the Revised Code.	73391

(A) The department of ~~mental health~~mental health and	73392
addiction services may provide certain goods and services for the	73393
department of ~~mental health~~mental health and addiction services,	73394
the department of developmental disabilities, the department of	73395
rehabilitation and correction, the department of youth services,	73396
and other state, county, or municipal agencies requesting such	73397
goods and services when the department of ~~mental health~~mental	73398
health and addiction services determines that it is in the public	73399
interest, and considers it advisable, to provide these goods and	73400
services. The department of ~~mental health~~mental health and	73401
addiction services also may provide goods and services to agencies	73402
operated by the United States government and to public or private	73403
nonprofit agencies, other than free clinics, that are funded in	73404
whole or in part by the state if the public or private nonprofit	73405
agencies are designated for participation in this program by the	73406
director of ~~mental health~~mental health and addiction services	73407
for community addiction services providers and community mental	73408
health ~~agencies~~services providers, the director of developmental	73409
disabilities for community mental retardation and developmental	73410
disabilities agencies, the director of rehabilitation and	73411
correction for community rehabilitation and correction agencies,	73412
or the director of youth services for community youth services	73413
agencies.	73414

Designated community ~~agencies~~services providers shall	73415
receive goods and services through the department of ~~mental health~~	73416
mental health and addiction services only in those cases where the	73417
designating state agency certifies that providing such goods and	73418
services to the agency will conserve public resources to the	73419
benefit of the public and where the provision of such goods and	73420
services is considered feasible by the department of ~~mental health~~	73421
mental health and addiction services.	73422

(B) The department of ~~mental health~~mental health and	73423
addiction services may permit free clinics to purchase certain	73424
goods and services to the extent the purchases fall within the	73425
exemption to the Robinson-Patman Act, 15 U.S.C. 13 et seq.,	73426
applicable to nonprofit institutions, in 15 U.S.C. 13c, as	73427
amended.	73428

(C) The goods and services that may be provided by the	73429
department of ~~mental health~~mental health and addiction services	73430
under divisions (A) and (B) of this section may include:	73431

(1) Procurement, storage, processing, and distribution of	73432
food and professional consultation on food operations;	73433

(2) Procurement, storage, and distribution of medical and	73434
laboratory supplies, dental supplies, medical records, forms,	73435
optical supplies, and sundries, subject to section 5120.135 of the	73436
Revised Code;	73437

(3) Procurement, storage, repackaging, distribution, and	73438
dispensing of drugs, the provision of professional pharmacy	73439
consultation, and drug information services;	73440

(4) Other goods and services.

73441

(D) The department of ~~mental health~~mental health and	73442
addiction services may provide the goods and services designated	73443
in division (C) of this section to its institutions and to	73444
state-operated community-based mental health services providers.	73445

(E) After consultation with and advice from the director of	73446
developmental disabilities, the director of rehabilitation and	73447
correction, and the director of youth services, the department of	73448
~~mental health~~mental health and addiction services may provide the	73449
goods and services designated in division (C) of this section to	73450
the department of developmental disabilities, the department of	73451
rehabilitation and correction, and the department of youth	73452
services.	73453

(F) The cost of administration of this section shall be	73454
determined by the department of ~~mental health~~mental health and	73455
addiction services and paid by the agencies or free clinics	73456
receiving the goods and services to the department for deposit in	73457
the state treasury to the credit of the mental health fund, which	73458
is hereby created. The fund shall be used to pay the cost of	73459
administration of this section to the department.	73460

(G) Whenever a state agency fails to make a payment for goods	73461
and services provided under this section within thirty-one days	73462
after the date the payment was due, the office of budget and	73463
management may transfer moneys from the state agency to the	73464
department of ~~mental health~~mental health and addiction services.	73465
The amount transferred shall not exceed the amount of overdue	73466
payments. Prior to making a transfer under this division, the	73467
office of budget and management shall apply any credits the state	73468
agency has accumulated in payments for goods and services provided	73469
under this section.	73470

(H) Purchases of goods and services under this section are	73471
not subject to section 307.86 of the Revised Code.	73472

~~Sec. 5119.161.~~ Sec. 5119.45. Unless otherwise specifically	73473
provided by law, all moneys received by the department of ~~mental~~	73474
~~health~~mental health and addiction services from the sale of goods	73475
and services, including, but not limited to, shared service	73476
agreements with other governmental entities and nongovernmental	73477
entities, employee housing and cafeteria receipts, fees for	73478
copying services, and sales of other tangible personal property	73479
under the department's control, shall be paid into the state	73480
treasury to the credit of the sale of goods and services fund,	73481
which is hereby created. Moneys received by the department	73482
pursuant to section ~~5119.16~~5119.44 of the Revised Code shall not	73483
be paid into the fund. The department shall use the moneys in the	73484
fund for paying operating expenses of the department.	73485

~~Sec. 5119.18.~~ Sec. 5119.46. There is hereby created in the state	73486
treasury the department of ~~mental health~~mental health and	73487
addiction services trust fund. Not later than the first day of	73488
September of each year, the director of ~~mental health~~mental	73489
health and addiction services shall certify to the director of	73490
budget and management the amount of all of the unexpended,	73491
unencumbered balances of general revenue fund appropriations made	73492
to the department of ~~mental health~~mental health and addiction	73493
services for the previous fiscal year, excluding funds	73494
appropriated for rental payments to the Ohio public facilities	73495
commission. On receipt of the certification, the director of	73496
budget and management shall transfer cash to the trust fund in an	73497
amount up to, but not exceeding, the total of the amounts	73498
certified by the director of ~~mental health~~mental health and	73499
addiction services.	73500

In addition, the trust fund shall receive all amounts,	73501
subject to any provisions in bond documents, received from the	73502
sale or lease of lands and facilities by the department.	73503

All moneys in the trust fund shall be used by the department	73504
of ~~mental health~~mental health and addiction services to pay for	73505
expenditures the department incurs in performing any of its duties	73506
under this chapter. The use of moneys in the trust fund pursuant	73507
to this section does not represent an ongoing commitment to the	73508
continuation of the trust fund or to the use of moneys in the	73509
trust fund.	73510

~~Sec. 3793.032.~~ Sec. 5119.47. The director of ~~alcohol and drug~~	73511
~~addiction services~~mental health and addiction services shall	73512
administer the problem casino gambling and addictions fund. The	73513
director shall use the money in the fund to support ~~programs that~~	73514
~~provide~~ gambling addiction services, alcohol and drug addiction	73515
~~programs that provide alcohol and drug addiction~~ services, other	73516
~~programs~~services that relate to gambling addiction and substance	73517
abuse, and research that relates to gambling addiction and	73518
substance abuse. Treatment services ~~provided under programs~~	73519
supported by money in the fund under this section shall be	73520
services that are ~~provided by alcohol and drug addiction treatment~~	73521
~~programs~~ certified by the department of ~~alcohol and drug~~	73522
~~addiction services or provided by counselors who are certified by~~	73523
~~the department~~mental health and addiction services. Prevention	73524
services ~~provided under programs~~ supported by money in the fund	73525
under this section shall be services that are ~~provided by alcohol~~	73526
~~and drug addiction prevention programs~~ certified by the department	73527
of ~~alcohol and drug addiction services~~mental health and addiction	73528
services.	73529

The director shall prepare an annual report describing the	73530
use of the fund for these purposes. The director shall submit the	73531
report to the Ohio casino control commission, the speaker and	73532
minority leader of the house of representatives, the president and	73533
minority leader of the senate, the governor, and the joint	73534
committee on gaming and wagering.	73535

~~Sec. 3793.22.~~ Sec. 5119.49. (A) The director of ~~alcohol and drug~~	73536
~~addiction services~~mental health and addiction services shall	73537
collaborate with the state board of pharmacy and attorney general	73538
in the establishment and administration of a drug take-back	73539
program, as provided under section 4729.69 of the Revised Code.	73540

(B) The department may accept grants, gifts, or donations for	73541
purposes of the program. Money received under this division shall	73542
be deposited into the drug take-back program fund established	73543
under section 109.90 of the Revised Code.	73544

~~Sec. 5119.34.~~ Sec. 5119.50. The director of ~~mental health~~mental	73545
health and addiction services may accept, hold, and administer in	73546
trust on behalf of the state, if it is for the public interest,	73547
any grant, gift, devise, or bequest of money or property made to	73548
the state for the use or benefit of any institution described in	73549
section ~~5119.02~~5119.14 of the Revised Code or for the use and	73550
benefit of mentally ill persons under its control. If the trust so	73551
provides, the money or property may be used for any work which the	73552
department of ~~mental health~~mental health and addiction services	73553
is authorized to undertake.	73554

The department shall keep such gift, grant, devise, or	73555
bequest as a distinct property or fund and, if it is in money,	73556
shall invest it in the manner provided by law. The department may	73557
deposit in a proper trust company or savings bank any money left	73558
in trust during a specified life or lives and shall adopt rules	73559
governing the deposit, transfer, withdrawal, or investment of such	73560
money and the income thereof.	73561

The department shall, in the manner prescribed by the	73562
director of budget and management pursuant to section 126.21 of	73563
the Revised Code, account for all money or property received or	73564
expended under this section. The records, together with a	73565
statement certified by the depository showing the funds deposited	73566
there to the credit of the trust, shall be open to public	73567
inspection. The director of budget and management may require the	73568
department to file a report with ~~him~~the director on any	73569
particular portion, or the whole, of any trust property received	73570
or expended by it.	73571

The department shall, upon the expiration of any trust	73572
according to its terms, dispose of the funds or property held	73573
thereunder in the manner provided in the instrument creating the	73574
trust. If the instrument creating the trust failed to make any	73575
terms of disposition, or if no trust was in evidence, then the	73576
decedent patient's money, saving or commercial deposits, dividends	73577
or distributions, bonds, or any other interest-bearing debt	73578
certificate or stamp issued by the United States government shall	73579
escheat to the state. All such unclaimed intangible personal	73580
property of a former patient shall be retained by the managing	73581
officer in such institution for the period of one year, during	73582
which time every possible effort shall be made to find such former	73583
patient or ~~his~~the former patient's legal representative.	73584

If, after a period of one year from the time the patient has	73585
left the institution or has died, the managing officer has been	73586
unable to locate such person or ~~his~~the person's legal	73587
representative, then upon proper notice of such fact the director	73588
shall at that time formulate in writing a method of disposition on	73589
the minutes of the department authorizing the managing officer to	73590
convert such intangible personal property to cash to be paid into	73591
the state treasury to the credit of the general revenue fund.	73592

The department shall include in its annual report a statement	73593
of all money and property and the terms and conditions relating	73594
thereto.	73595

~~Sec. 5119.17.~~ Sec. 5119.51. (A) As used in this section,	73596
"supplemental services" has the same meaning as in section 5815.28	73597
of the Revised Code.	73598

(B) There is hereby created in the state treasury the	73599
services fund for individuals with mental illness. On the death of	73600
the beneficiary of a trust created pursuant to section 5815.28 of	73601
the Revised Code, the portion of the remaining assets of the trust	73602
specified in the trust instrument shall be deposited to the credit	73603
of the fund. Money credited to the fund shall be used for	73604
individuals with mental illness.	73605

Supplemental services may be provided through the department	73606
or boards of alcohol, drug addiction, and mental health services.	73607
In accordance with Chapter 119. of the Revised Code, the	73608
department of ~~mental health~~mental health and addiction services	73609
may adopt any rules necessary to implement this section.	73610

~~Sec. 5119.36.~~ Sec. 5119.52. Each managing officer of an	73611
institution under the jurisdiction of the department of ~~mental~~	73612
~~health~~mental health and addiction services as described in	73613
section ~~5119.02~~5119.14 of the Revised Code, with the approval of	73614
the director of ~~mental health~~mental health and addiction	73615
services, may establish local institution funds designated as	73616
follows:	73617

(A) Industrial and entertainment fund created and maintained	73618
for the entertainment and welfare of the patients of the	73619
institution. The director shall establish rules for the operation	73620
of the industrial and entertainment fund.	73621

(B) Commissary fund created and maintained for the benefit of	73622
patients in the institution. Commissary revenue over and above	73623
operating costs and reserve shall be considered profits. All	73624
profits from the commissary fund operations shall be paid into the	73625
industrial and entertainment fund and used only for the	73626
entertainment and ~~wel fare~~welfare of patients. The director shall	73627
establish rules for the operation of the commissary fund.	73628

~~Sec. 5119.33.~~ Sec. 5119.54. The treasurer of state shall have	73629
charge of all funds under the jurisdiction of the department of	73630
~~mental health~~mental health and addiction services and shall pay	73631
out the same only in accordance with this chapter.	73632

The department shall cause to be furnished a contract of	73633
indemnity to cover all funds received by it or by its managing	73634
officers, employees, or agents while the funds are in the	73635
possession of such managing officers, employees or agents. Such	73636
funds are designated as follows:	73637

(A) Funds which are due and payable to the treasurer of state	73638
as provided by Chapter 131. of the Revised Code;	73639

(B) Those funds which are held in trust by the managing	73640
officers, employees, or agents of the institution as local funds	73641
or accounts under the jurisdiction of the department.	73642

Such contract of indemnity shall be made payable to the state	73643
and the premium for such contract of indemnity may be paid from	73644
any of the moneys received for the use of the department under	73645
this chapter and Chapters 5121. and 5122. of the Revised Code.	73646

Funds collected from various sources, such as the sale of	73647
goods, and all miscellaneous articles, shall be transmitted on or	73648
before Monday of each week to the treasurer of state and a	73649
detailed statement of such collections shall be made to the	73650
department.	73651

~~Sec. 5119.351.~~ Sec. 5119.55. The department of ~~mental health~~	73652
mental health and addiction services may pay an amount for	73653
personal use to each individual residing in a state institution as	73654
described in section ~~5119.02~~5119.14 of the Revised Code who would	73655
be eligible for supplemental security income benefits at the	73656
reduced rate established by Title XVI of the "Social Security	73657
Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.~~A. 1382, as amended~~1381 et	73658
seq., if the ~~state plan for providing medical assistance under~~	73659
~~section 5111.01 of the Revised Code included reimbursement of~~	73660
medicaid program covers services provided in such institutions.	73661
The amount paid by the department shall not exceed the reduced	73662
supplemental security income benefit rate established by Title XVI	73663
of the "Social Security Act."	73664

~~Sec. 5119.35.~~ Sec. 5119.56. Money or property deposited with	73665
managing officers of institutions under the jurisdiction of the	73666
department of ~~mental health~~mental health and addiction services	73667
by any patient under the department's control or by relatives,	73668
guardians, conservators, and others for the special benefit of	73669
such patient, as well as all other funds and all other income paid	73670
to the patient, ~~his~~the patient's estate, or on ~~his~~the patient's	73671
behalf, or paid to the managing officer or to the institution as	73672
representative payee or otherwise paid on the patient's behalf,	73673
shall remain in the hands of such officers in appropriate accounts	73674
for use accordingly. The managing officer shall keep itemized book	73675
accounts of the receipt and disposition of such money and	73676
property, which book shall be open at all times to the inspection	73677
of the department. The director of ~~mental health~~mental health	73678
and addiction services shall adopt rules governing the deposit,	73679
transfer, withdrawal, or investment of the funds and the income	73680
thereof, as well as rules under which such funds and income shall	73681
be paid by managing officers for the support of the patients	73682
pursuant to Chapter 5121. of the Revised Code, or for their other	73683
needs.	73684

Whenever any patient confined in any state institution	73685
subject to the jurisdiction of the department dies, escapes, or is	73686
discharged from such institution, and any personal funds of such	73687
person remain in the hands of the managing officer thereof and no	73688
demand for such funds is made upon such managing officer by the	73689
owner of the funds or ~~his~~the owner's legally appointed	73690
representative, the managing officer shall hold the funds in the	73691
personal deposit fund for a period of at least one year during	73692
which time the managing officer shall make every effort possible	73693
to locate the owner or ~~his~~the owner's legally appointed	73694
representative.	73695

If at the end of this period no demand has been made for the	73696
funds, the managing officer shall dispose of the funds as follows:	73697

(A) All money in a personal deposit fund in excess of ten	73698
dollars due for the support of a patient shall be paid in	73699
accordance with the provisions of Chapter 5121. of the Revised	73700
Code.	73701

(B) All money in a personal deposit fund in excess of ten	73702
dollars not due for the support of a patient shall be placed to	73703
the credit of the institution's local account designated as the	73704
"industrial and entertainment" fund.	73705

(C) The first ten dollars to the credit of a patient shall be	73706
placed to the credit of the institution's local account designated	73707
as the "industrial and entertainment" fund.	73708

Whenever any patient in any state institution subject to the	73709
jurisdiction of the department dies, escapes, or is discharged	73710
from such institution, and any personal effects of such person	73711
remain in the hands of the managing officer thereof, and no demand	73712
is made upon such managing officer by the owner of the property or	73713
~~his~~the owner's legally appointed representative, the managing	73714
officer shall hold and dispose of such property in the following	73715
manner.	73716

All the miscellaneous personal effects shall be held for a	73717
period of at least one year, during which time the managing	73718
officer shall make every effort possible to locate the owner or	73719
~~his~~the owner's legal representative. If at the end of this	73720
period, no demand has been made by the owner of the property or	73721
~~his~~the owner's legal representative, the managing officer shall	73722
file with the county recorder of the county of commitment of such	73723
owner, all deeds, wills, contract mortgages, or assignments. The	73724
balance of the personal effects shall be sold at public auction	73725
after being duly advertised, and the funds turned over to the	73726
treasurer of state for credit to the general revenue fund. If any	73727
of the property is not of a type to be filed with the county	73728
recorder and is not salable at public auction, then the managing	73729
officer of the institution shall destroy such property.	73730

~~Sec. 5119.46.~~ Sec. 5119.60. ~~In its annual report, the~~The	73731
department of ~~mental health~~mental health and addiction services	73732
shall submit an annual report to the governor that shall describe	73733
the services the department offers and how appropriated funds have	73734
been spent. The report shall include ~~the~~all of the following:	73735

(A) The utilization of state hospitals by each alcohol, drug	73736
addiction, and mental health service district~~, the~~;	73737

(B) The number of persons served by community addiction	73738
services providers that receive funds distributed by the	73739
department, with a breakdown into categories including age, sex,	73740
race, the type of drug to which the person is addicted, and any	73741
other categories the director of mental health and addiction	73742
services considers significant;	73743

(C) The number of severely mentally disabled persons served	73744
in each district~~, and the~~;	73745

(D) The number and types of services provided to severely	73746
mentally disabled persons through state-operated services and	73747
community mental health ~~agencies~~services providers;	73748

(E) A report measuring the success of community addiction	73749
services providers, based on the measures for accountability	73750
developed by the department, including the percentage of persons	73751
served by such community addiction services providers who have not	73752
relapsed;	73753

(F) Any other information that the director considers	73754
significant or is requested by the governor.	73755

~~Sec. 3793.12.~~ Sec. 5119.61. (A) The department of ~~alcohol and drug~~	73756
~~addiction services~~mental health and addiction services shall	73757
collect and compile statistics and other information on the care,	73758
treatment, and rehabilitation of alcoholics, drug dependent	73759
persons, and persons in danger of drug dependence in this state,	73760
including, without limitation, information on the number of such	73761
persons, the type of drug involved, the type of care, treatment,	73762
or rehabilitation prescribed or undertaken, and the success or	73763
failure of the care, treatment, or rehabilitation. The department	73764
shall collect information about services delivered and persons	73765
served as required for reporting and evaluation relating to state	73766
and federal funds expended for such purposes.	73767

(B) No alcohol or, drug addiction ~~program~~, or mental health	73768
services provider shall fail to supply statistics and other	73769
information within its knowledge and with respect to its ~~programs~~	73770
services, upon request of the department.	73771

(C) Communications by a person seeking aid in good faith for	73772
alcoholism or drug dependence are confidential, and this section	73773
does not require the collection or permit the disclosure of	73774
information which reveals or comprises the identity of any person	73775
seeking aid.	73776

(D) Based on the information collected and compiled under	73777
division (A) of this section, the department shall develop a	73778
project to assess the outcomes of persons served by alcohol and	73779
drug addiction ~~programs~~services providers that receive funds	73780
distributed by the department.	73781

~~Sec. 5119.50.~~ Sec. 5119.70. The "interstate compact on mental	73782
health" is hereby ratified, enacted into law, and entered into by	73783
the state of Ohio as a party thereto with any other state which	73784
has legally joined in the compact as follows:	73785

INTERSTATE COMPACT ON MENTAL HEALTH	73786

The contracting states solemnly agree that:

73787

Article I	73788

The party states find that the proper and expeditious	73789
treatment of the mentally ill and mentally retarded can be	73790
facilitated by cooperative action, to the benefit of the patients,	73791
their families, and society as a whole. Further, the party states	73792
find that the necessity of and desirability for furnishing such	73793
care and treatment bears no primary relation to the residence or	73794
citizenship of the patient but that, on the contrary, the	73795
controlling factors of community safety and humanitarianism	73796
require that facilities and services be made available for all who	73797
are in need of them. Consequently, it is the purpose of this	73798
compact and of the party states to provide the necessary legal	73799
basis for the institutionalization or other appropriate care and	73800
treatment of the mentally ill and mentally retarded under a system	73801
that recognizes the paramount importance of patient welfare and to	73802
establish the responsibilities of the party states in terms of	73803
such welfare.	73804

Article II	73805

As used in this compact:

73806

(a) "Sending state" shall mean a party state from which a	73807
patient is transported pursuant to the provisions of the compact	73808
or from which it is contemplated that a patient may be so sent.	73809

(b) "Receiving state" shall mean a party state to which a	73810
patient is transported pursuant to the provisions of the compact	73811
or to which it is contemplated that a patient may be so sent.	73812

(c) "Institution" shall mean any hospital or other facility	73813
maintained by a party state or political subdivision thereof for	73814
the care and treatment of mental illness or mental retardation.	73815

(d) "Patient" shall mean any person subject to or eligible as	73816
determined by the laws of the sending state, for	73817
institutionalization or other care, treatment, or supervision	73818
pursuant to the provisions of this compact.	73819

(e) "After-care" shall mean care, treatment and services	73820
provided a patient, as defined herein, or convalescent status or	73821
conditional release.	73822

(f) "Mental illness" shall mean mental disease to such extent	73823
that a person so afflicted requires care and treatment for his own	73824
welfare, or the welfare of others, or of the community.	73825

(g) "Mental retardation" shall mean mental retardation as	73826
defined by appropriate clinical authorities to such extent that a	73827
person so afflicted is incapable of managing himself and his	73828
affairs, but shall not include mental illness as defined herein.	73829

(h) "State" shall mean any state, territory or possession of	73830
the United States, the District of Columbia, and the Commonwealth	73831
of Puerto Rico.	73832

Article III	73833

(a) Whenever a person physically present in any party state	73834
shall be in need of institutionalization by reason of mental	73835
illness or mental retardation, he shall be eligible for care and	73836
treatment in an institution in that state irrespective of his	73837
residence, settlement or citizenship qualifications.	73838

(b) The provisions of paragraph (a) of this article to the	73839
contrary notwithstanding, any patient may be transferred to an	73840
institution in another state whenever there are factors based upon	73841
clinical determinations indicating that the care and treatment of	73842
said patient would be facilitated or improved thereby. Any such	73843
institutionalization may be for the entire period of care and	73844
treatment or for any portion or portions thereof. The factors	73845
referred to in this paragraph shall include the patient's full	73846
record with due regard for the location of the patient's family,	73847
character of the illness and probable duration thereof, and such	73848
other factors as shall be considered appropriate.	73849

(c) No state shall be obliged to receive any patient pursuant	73850
to the provisions of paragraph (b) of this article unless the	73851
sending state has given advance notice of its intention to send	73852
the patient; furnished all available medical and other pertinent	73853
records concerning the patient; given the qualified medical or	73854
other appropriate clinical authorities of the receiving state an	73855
opportunity to examine the patient if said authorities so wish;	73856
and unless the receiving state shall agree to accept the patient.	73857

(d) In the event that the laws of the receiving state	73858
establish a system of priorities for the admission of patients, an	73859
interstate patient under this compact shall receive the same	73860
priority as a local patient and shall be taken in the same order	73861
and at the same time that he would be taken if he were a local	73862
patient.	73863

(e) Pursuant to this compact, the determination as to the	73864
suitable place of institutionalization for a patient may be	73865
reviewed at any time and such further transfer of the patient may	73866
be made as seems likely to be in the best interest of the patient.	73867

Article IV	73868

(a) Whenever, pursuant to the laws of the state in which a	73869
patient is physically present, it shall be determined that the	73870
patient should receive after-care or supervision, such care or	73871
supervision may be provided in a receiving state. If the medical	73872
or other appropriate clinical authorities having responsibility	73873
for the care and treatment of the patient in the sending state	73874
shall have reason to believe that after-care in another state	73875
would be in the best interest of the patient and would not	73876
jeopardize the public safety, they shall request the appropriate	73877
authorities in the receiving state to investigate the desirability	73878
of affording the patient such after-care in said receiving state,	73879
and such investigation shall be made with all reasonable speed.	73880
The request for investigation shall be accompanied by complete	73881
information concerning the patient's intended place of residence	73882
and the identity of the person in whose charge it is proposed to	73883
place the patient, the complete medical history of the patient,	73884
and such other documents as may be pertinent.	73885

(b) If the medical or other appropriate clinical authorities	73886
having responsibility for the care and treatment of the patient in	73887
the sending state and the appropriate authorities in the receiving	73888
state find that the best interest of the patient would be served	73889
thereby, and if the public safety would not be jeopardized	73890
thereby, the patient may receive after-care or supervision in the	73891
receiving state.	73892

(c) In supervising, treating, or caring for a patient on	73893
after-care pursuant to the terms of this article, a receiving	73894
state shall employ the same standards of visitation, examination,	73895
care, and treatment that it employs for similar local patients.	73896

Article V	73897

Whenever a dangerous or potentially dangerous patient escapes	73898
from an institution in any party state, that state shall promptly	73899
notify all appropriate authorities within and without the	73900
jurisdiction of the escape in a manner reasonably calculated to	73901
facilitate the speedy apprehension of the escapee. Immediately	73902
upon the apprehension and identification of any such dangerous or	73903
potentially dangerous patient, he shall be detained in the state	73904
where found pending disposition in accordance with law.	73905

Article VI	73906

The duly accredited officers of any state party to this	73907
compact, upon the establishment of their authority and the	73908
identity of the patient, shall be permitted to transport any	73909
patient being moved pursuant to this compact through any and all	73910
states party to this compact, without interference.	73911

Article VII	73912

(a) No person shall be deemed a patient of more than one	73913
institution at any given time. Completion of transfer of any	73914
patient to an institution in a receiving state shall have the	73915
effect of making the person a patient of the institution in the	73916
receiving state.	73917

(b) The sending state shall pay all costs of and incidental	73918
to the transportation of any patient pursuant to this compact, but	73919
any two or more party states may, by making a specific agreement	73920
for that purpose, arrange for a different allocation of costs as	73921
among themselves.	73922

(c) No provision of this compact shall be construed to alter	73923
or affect any internal relationships among the departments,	73924
agencies and officers of and in the government of a party state,	73925
or between a party state and its subdivisions, as to the payment	73926
of costs, or responsibilities therefor.	73927

(d) Nothing in this compact shall be construed to prevent any	73928
party state or subdivision thereof from asserting any right	73929
against any person, agency or other entity in regard to costs for	73930
which such party state or subdivision thereof may be responsible	73931
pursuant to any provision of this compact.	73932

(e) Nothing in this compact shall be construed to invalidate	73933
any reciprocal agreement between a party state and a nonparty	73934
state relating to institutionalization, care or treatment of the	73935
mentally ill or mentally retarded, or any statutory authority	73936
pursuant to which such agreements may be made.	73937

Article VIII	73938

(a) Nothing in this compact shall be construed to abridge,	73939
diminish, or in any way impair the rights, duties, and	73940
responsibilities of any patient's guardian on his own behalf or in	73941
respect of any patient for whom he may serve, except that where	73942
the transfer of any patient to another jurisdiction makes	73943
advisable the appointment of a supplemental or substitute	73944
guardian, any court of competent jurisdiction in the receiving	73945
state may make such supplemental or substitute appointment and the	73946
court which appointed the previous guardian shall upon being duly	73947
advised of the new appointment, and upon the satisfactory	73948
completion of such accounting and other acts as such court may by	73949
law require, relieve the previous guardian of power and	73950
responsibility to whatever extent shall be appropriate in the	73951
circumstances; provided, however, that in the case of any patient	73952
having settlement in the sending state, the court of competent	73953
jurisdiction in the sending state shall have the sole discretion	73954
to relieve a guardian appointed by it or continue his power and	73955
responsibility, whichever it shall deem advisable. The court in	73956
the receiving state may, in its discretion, confirm or reappoint	73957
the person or persons previously serving as guardian in the	73958
sending state in lieu of making a supplemental or substitute	73959
appointment.	73960

(b) The term "guardian" as used in paragraph (a) of this	73961
article shall include any guardian, trustee, legal committee,	73962
conservator, or other person or agency however denominated who is	73963
charged by law with power to act for or responsibility for the	73964
person or property of a patient.	73965

Article IX	73966

(a) No provision of this compact except Article V shall apply	73967
to any person institutionalized while under sentence in a penal or	73968
correctional institution or while subject to trial on a criminal	73969
charge, or whose institutionalization is due to the commission of	73970
an offense for which, in the absence of mental illness or mental	73971
retardation, said person would be subject to incarceration in a	73972
penal or correctional institution.	73973

(b) To every extent possible, it shall be the policy of	73974
states party to this compact that no patient shall be placed or	73975
detained in any prison, jail or lockup, but such patient shall,	73976
with all expedition, be taken to a suitable institutional facility	73977
for mental illlness or mental retardation.	73978

Article X	73979

(a) Each party state shall appoint a "compact administrator"	73980
who, on behalf of his state, shall act as general coordinator of	73981
activities under the compact in his state and who shall receive	73982
copies of all reports, correspondence, and other documents	73983
relating to any patient processed under the compact by his state	73984
either in the capacity of sending or receiving state. The compact	73985
administrator or his duly designated representative shall be the	73986
official with whom other party states shall deal in any matter	73987
relating to the compact or any patient processed thereunder.	73988

(b) The compact administrators of the respective party states	73989
shall have power to promulgate reasonable rules and regulations to	73990
carry out more effectively the terms and provisions of this	73991
compact.	73992

Article XI	73993

The duly constituted administrative authorities of any two or	73994
more party states may enter into supplementary agreements for the	73995
provision of any service or facility or for the maintenance of any	73996
institution on a joint or cooperative basis whenever the states	73997
concerned shall find that such agreements will improve services,	73998
facilities, or institutional care and treatment in the fields of	73999
mental illness or mental retardation. No such supplementary	74000
agreement shall be construed so as to relieve any party state of	74001
any obligation which it otherwise would have under other	74002
provisions of this compact.	74003

Article XII	74004

This compact shall enter into full force and effect as to any	74005
state when enacted by it into law and such states shall thereafter	74006
be a party thereto with any and all states legally joining	74007
therein.	74008

Article XIII	74009

(a) A state party to this compact may withdraw therefrom by	74010
enacting a statute repealing the same. Such withdrawal shall take	74011
effect one year after notice thereof has been communicated	74012
officially and in writing to the governors and compact	74013
administrators of all other party states. However, the withdrawal	74014
of any state shall not change the status of any patient who has	74015
been sent to said state or sent out of said state pursuant to the	74016
provisions of the compact.	74017

(b) Withdrawal from any agreement permitted by Article VII	74018
(b) as to costs or from any supplementary agreement made pursuant	74019
to Article XI shall be in accordance with the terms of such	74020
agreement.	74021

Article XIV	74022

This compact shall be liberally construed so as to effectuate	74023
the purposes thereof. The provisions of this compact shall be	74024
severable and if any phrase, clause, sentence or provision of this	74025
compact is declared to be contrary to the constitution of any	74026
party state or of the United States or the applicability thereof	74027
to any government, agency, person or circumstance is held invalid,	74028
the validity of the remainder of this compact and the	74029
applicability thereof to any government, agency, person or	74030
circumstance shall not be affected thereby. If this compact shall	74031
be held contrary to the constitution of any state party thereto,	74032
the compact shall remain in full force and effect as to the	74033
remaining states and in full force and effect as to the state	74034
affected as to all severable matters.	74035

~~Sec. 5119.51.~~ Sec. 5119.71. Pursuant to Article X of the compact	74036
set forth in section ~~5119.50~~5119.70 of the Revised Code, the	74037
director of ~~mental health~~mental health and addiction services and	74038
the director of developmental disabilities each shall designate an	74039
officer who shall be the compact administrator for the department	74040
and who, acting jointly with like officers of other party states,	74041
shall adopt rules to carry out more effectively the terms of the	74042
compact. The compact administrators of each department shall serve	74043
subject to the pleasure of the governor and shall cooperate with	74044
all departments, agencies, and officers of and in the government	74045
of this state and its subdivisions in facilitating the proper	74046
administration of the compact or of any supplementary agreements	74047
entered into by this state thereunder.	74048

~~Sec. 5119.52.~~ Sec. 5119.72. The compact administrator may enter	74049
into supplementary agreements with appropriate officials of other	74050
states pursuant to articles VII and XI of the compact set forth in	74051
section 5119.50 of the Revised Code. In the event that such	74052
supplementary agreements require or contemplate the use of any	74053
institution or facility of this state or require or contemplate	74054
the provision of any service by this state, no such agreement	74055
shall have force or effect until approved by the head of the	74056
department or agency under whose jurisdiction the institution or	74057
facility is operated or whose department or agency will be charged	74058
with the rendering of such service.	74059

~~Sec. 5119.53.~~ Sec. 5119.73. Any payments necessary to discharge	74060
any financial obligations imposed upon the state of Ohio by the	74061
compact or by any supplementary agreement entered into thereunder,	74062
as provided in sections 5119.50 to 5119.52 of the Revised Code,	74063
shall be made from appropriated funds upon presentation to the	74064
director of budget and management of itemized vouchers approved by	74065
the compact administrator.	74066

~~Sec. 3793.31.~~ Sec. 5119.90. As used in sections ~~3793.31~~5119.90 to	74067
~~3793.39~~5119.98 of the Revised Code:	74068

(A) "Alcohol and other drug abuse" means alcoholism or drug	74069
addiction.	74070

(B) "Another drug" means a controlled substance as defined in	74071
section 3719.01 of the Revised Code or a harmful intoxicant as	74072
defined in section 2925.01 of the Revised Code.	74073

(C) "Board of alcohol, drug addiction, and mental health	74074
services" means a board of alcohol, drug addiction, and mental	74075
health services established under section 340.02 or 340.021 of the	74076
Revised Code.	74077

(D) "Danger" or "threat of danger to self, family, or others"	74078
means substantial physical harm or threat of substantial physical	74079
harm upon self, family, or others.	74080

(E) "Hospital" has the same meaning as in section 3701.01 or	74081
3727.01 of the Revised Code but does not include either a hospital	74082
operated by the department of ~~mental health~~mental health and	74083
addiction services or an inpatient unit licensed by the	74084
department.	74085

(F) "Intoxicated" means being under the influence of alcohol,	74086
another drug, or both alcohol and another drug and, as a result,	74087
having a significantly impaired ability to function.	74088

(G) "Petitioner" means a person who institutes a proceeding	74089
under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of the Revised	74090
Code.	74091

(H) "Probate court" means the probate division of the court	74092
of common pleas.	74093

(I) "Qualified health professional" means a person that is	74094
properly credentialed or licensed to conduct a drug and alcohol	74095
assessment and diagnosis under Ohio law.	74096

(J) "Residence" means the legal residence of a person as	74097
determined by applicable principles governing conflicts of law.	74098

(K) "Respondent" means a person alleged in a petition filed	74099
or hearing under sections ~~3793.32~~5119.91 to ~~3793.39~~5119.98 of	74100
the Revised Code to be a person who is suffering from alcohol and	74101
other drug abuse and who may be ordered under those sections to	74102
undergo treatment.	74103

(L) "Treatment" means services and programs for the care and	74104
rehabilitation of intoxicated persons and persons suffering from	74105
alcohol and other drug abuse. "Treatment" includes residential	74106
treatment, a halfway house setting, and an intensive outpatient or	74107
outpatient level of care.	74108

~~Sec. 3793.32.~~ Sec. 5119.91. A probate court may order involuntary	74109
treatment for a person suffering from alcohol and other drug abuse	74110
pursuant to the procedures set forth in sections ~~3793.31~~5119.90	74111
to ~~3793.39~~5119.98 of the Revised Code.	74112

~~Sec. 3793.33.~~ Sec. 5119.92. No person shall be ordered to undergo	74113
treatment under sections ~~3793.31~~5119.90 to ~~3793.39~~5119.98 of the	74114
Revised Code unless all of the following apply to that person:	74115

(A) The person suffers from alcohol and other drug abuse.

74116

(B) The person presents an imminent danger or imminent threat	74117
of danger to self, family, or others as a result of alcohol and	74118
other drug abuse, or there exists a substantial likelihood of such	74119
a threat in the near future.	74120

74121

~~Sec. 3793.34.~~ Sec. 5119.93. (A) A person may initiate proceedings	74122
for treatment for an individual suffering from alcohol and other	74123
drug abuse by filing a verified petition in the probate court and	74124
paying a filing fee in the same amount, if any, that is charged	74125
for the filing under section 5122.11 of the Revised Code of an	74126
affidavit seeking the hospitalization of a person. The petition	74127
and all subsequent court documents shall be entitled: "In the	74128
interest of (name of respondent)." A spouse, relative, or guardian	74129
of the individual concerning whom the petition is filed shall file	74130
the petition.	74131

(B) A petition filed under division (A) of this section shall	74132
set forth all of the following:	74133

(1) The petitioner's relationship to the respondent;

74134

(2) The respondent's name, residence address, and current	74135
location, if known;	74136

(3) The name and residence of the respondent's parents, if	74137
living and if known, or of the respondent's legal guardian, if any	74138
and if known;	74139

(4) The name and residence of the respondent's spouse, if any	74140
and if known;	74141

(5) The name and residence of the person having custody of	74142
the respondent, if any, or if no such person is known, the name	74143
and residence of a near relative or a statement that the person is	74144
unknown;	74145

(6) The petitioner's belief, including the factual basis for	74146
the belief, that the respondent is suffering from alcohol and	74147
other drug abuse and presents an imminent danger or imminent	74148
threat of danger to self, family, or others if not treated for	74149
alcohol or other drug abuse.	74150

(C)(1) Any petition filed pursuant to divisions (A) and (B)	74151
of this section shall be accompanied by a certificate of a	74152
physician who has examined the respondent within two days prior to	74153
the day that the petition is filed in the probate court. The	74154
physician shall be authorized to practice medicine and surgery or	74155
osteopathic medicine and surgery under Chapter 4731. of the	74156
Revised Code. The physician's certificate shall set forth the	74157
physician's findings in support of the need to treat the	74158
respondent for alcohol or other drug abuse. The certificate shall	74159
indicate if the respondent presents an imminent danger or imminent	74160
threat of danger to self, family, or others if not treated.	74161
Further, the certificate shall indicate the type and length of	74162
treatment required and if the respondent can reasonably benefit	74163
from treatment. If the physician's certificate indicates that	74164
inpatient treatment is required, the certificate shall identify	74165
any inpatient facilities known to the physician that are able and	74166
willing to provide the recommended inpatient treatment.	74167

If the respondent refuses to undergo an examination with a	74168
physician concerning the respondent's possible need for treatment	74169
for alcohol or other drug abuse, the petition shall state that the	74170
respondent has refused all requests made by the petitioner to	74171
undergo a physician's examination. In that case, the petitioner	74172
shall not be required to provide a physician's certificate with	74173
the petition.	74174

(2) Any petition filed pursuant to divisions (A) and (B) of	74175
this section shall contain a statement that the petitioner has	74176
arranged for treatment of the respondent. Further, the petition	74177
shall be accompanied by a statement from the person or facility	74178
who has agreed to provide the treatment that verifies that the	74179
person or facility has agreed to provide the treatment and the	74180
estimated cost of the treatment.	74181

(D) Any petition filed pursuant to divisions (A) and (B) of	74182
this section shall be accompanied by both of the following:	74183

(1) A security deposit to be deposited with the clerk of the	74184
probate court that will cover half of the estimated cost of	74185
treatment of the respondent;	74186

(2) A guarantee, signed by the petitioner or another person	74187
authorized to file the petition obligating the guarantor to pay	74188
the costs of the examinations of the respondent conducted by the	74189
physician and qualified health professional under division (B)(5)	74190
of section ~~3793.35~~5119.94 of the Revised Code, the costs of the	74191
respondent that are associated with a hearing conducted in	74192
accordance with section ~~3793.35~~5119.94 of the Revised Code and	74193
that the court determines to be appropriate, and the costs of any	74194
treatment ordered by the court.	74195

~~Sec. 3793.35.~~ Sec. 5119.94. (A) Upon receipt of a petition filed	74196
under section ~~3793.34~~5119.93 of the Revised Code and the payment	74197
of the appropriate filing fee, if any, the probate court shall	74198
examine the petitioner under oath as to the contents of the	74199
petition.	74200

(B) If, after reviewing the allegations contained in the	74201
petition and examining the petitioner under oath, it appears to	74202
the probate court that there is probable cause to believe the	74203
respondent may reasonably benefit from treatment, the court shall	74204
do all of the following:	74205

(1) Schedule a hearing to be held within seven days to	74206
determine if there is clear and convincing evidence that the	74207
respondent may reasonably benefit from treatment for alcohol and	74208
other drug abuse;	74209

(2) Notify the respondent, the legal guardian, if any and if	74210
known, and the spouse, parents, or nearest relative or friend of	74211
the respondent concerning the allegations and contents of the	74212
petition and of the date and purpose of the hearing;	74213

(3) Notify the respondent that the respondent may retain	74214
counsel and, if the person is unable to obtain an attorney, that	74215
the respondent may be represented by court-appointed counsel at	74216
public expense if the person is indigent. Upon the appointment of	74217
an attorney to represent an indigent respondent, the court shall	74218
notify the respondent of the name, address, and telephone number	74219
of the attorney appointed to represent the respondent.	74220

(4) Notify the respondent that the court shall cause the	74221
respondent to be examined not later than twenty-four hours before	74222
the hearing date by a physician for the purpose of a physical	74223
examination and by a qualified health professional for the purpose	74224
of a drug and alcohol addiction assessment and diagnosis. In	74225
addition, the court shall notify the respondent that the	74226
respondent may have an independent expert evaluation of the	74227
person's physical and mental condition conducted at the	74228
respondent's own expense.	74229

(5) Cause the respondent to be examined not later than	74230
twenty-four hours before the hearing date by a physician for the	74231
purpose of a physical examination and by a qualified health	74232
professional for the purpose of a drug and alcohol addiction	74233
assessment and diagnosis;	74234

(6) Conduct the hearing.

74235

(C) The physician and qualified health professional who	74236
examine the respondent pursuant to division (B)(5) of this section	74237
or who are obtained by the respondent at the respondent's own	74238
expense shall certify their findings to the court within	74239
twenty-four hours of the examinations. The findings of each	74240
qualified health professional shall include a recommendation for	74241
treatment if the qualified health professional determines that	74242
treatment is necessary.	74243

(D)(1) If upon completion of the hearing held under this	74244
section the probate court finds by clear and convincing evidence	74245
that the respondent may reasonably benefit from treatment, the	74246
court may order the treatment after considering the qualified	74247
health professionals' recommendations for treatment that have been	74248
submitted to the court under division (C) of this section. If the	74249
court orders the treatment under this division, the court shall	74250
order the treatment to be provided through ~~an alcohol and drug~~	74251
community addiction ~~program~~services provider certified under	74252
section ~~3793.06~~5119.36 of the Revised Code or by an individual	74253
licensed or certified by the state medical board under Chapter	74254
4731. of the Revised Code, the chemical dependency professionals	74255
board under Chapter 4758. of the Revised Code, the counselor,	74256
social worker, and marriage and family therapist board under	74257
Chapter 4757. of the Revised Code, or a similar board of another	74258
state authorized to provide substance abuse treatment.	74259

(2) Failure of a respondent to undergo and complete any	74260
treatment ordered pursuant to this division is contempt of court.	74261
Any alcohol and drug addiction program or person providing	74262
treatment under this division shall notify the probate court of a	74263
respondent's failure to undergo or complete the ordered treatment.	74264

(E) If, at any time after a petition is filed under section	74265
~~3793.34~~5119.93 of the Revised Code, the probate court finds that	74266
there is not probable cause to continue treatment or if the	74267
petitioner withdraws the petition, then the court shall dismiss	74268
the proceedings against the respondent.	74269

~~Sec. 3793.36.~~ Sec. 5119.95. (A) Following an examination by a	74270
qualified health professional and a certification by that	74271
professional that the person meets the criteria specified in	74272
section ~~3793.33~~5119.92 of the Revised Code, a probate court may	74273
order the person hospitalized for a period not to exceed	74274
seventy-two hours if the court finds by clear and convincing	74275
evidence that the person presents an imminent threat of danger to	74276
self, family, or others as a result of alcohol and other drug	74277
abuse. However, if the hearing to be held under section ~~3793.35~~	74278
5119.94 of the Revised Code will not be held within seventy-two	74279
hours, the court may order the person hospitalized until the	74280
hearing. In making its order, the court shall inform the person	74281
that the person may immediately make a reasonable number of	74282
telephone calls or use other reasonable means to contact an	74283
attorney, a licensed physician, or a qualified health	74284
professional, to contact any other person or persons to secure	74285
representation by counsel, or to obtain medical or psychological	74286
assistance and that the person will be provided assistance in	74287
making calls if the assistance is needed and requested.	74288

(B) Any person who has been admitted to a hospital under	74289
division (A) of this section shall be released from the hospital	74290
immediately upon the expiration of the time period established by	74291
the court for the hospitalization.	74292

(C) No person ordered hospitalized under this section shall	74293
be held in jail pending transportation to the hospital or	74294
evaluation unless the probate court previously has found the	74295
person to be in contempt of court for either failure to undergo	74296
treatment or failure to appear at the evaluation ordered pursuant	74297
to section ~~3793.35~~5119.94 of the Revised Code.	74298

~~Sec. 3793.37.~~ Sec. 5119.96. When a probate court is authorized to	74299
issue an order that the respondent be transported to a hospital,	74300
the court may issue a summons. If the respondent fails to attend	74301
an examination scheduled before the hearing under section ~~3793.35~~	74302
5119.94 of the Revised Code, the court shall issue a summons. A	74303
summons so issued shall be directed to the respondent and shall	74304
command the respondent to appear at a time and place specified in	74305
the summons. If a respondent who has been summoned fails to appear	74306
at the hospital or the examination, the probate court may order	74307
the sheriff or any other peace officer to transport the respondent	74308
to a hospital on the list provided under section ~~3793.38~~5119.97	74309
of the Revised Code for treatment. The sheriff or any other peace	74310
officer, upon agreement of a person authorized by the peace	74311
officer, may authorize a board of alcohol, drug addiction, and	74312
mental health services, a private agency under contract with a	74313
board of alcohol, drug addiction, and mental health services, or	74314
an ambulance service designated by a board of alcohol, drug	74315
addiction, and mental health services to transport the respondent	74316
to the hospital. The transportation costs of the sheriff, other	74317
peace officer, ambulance service, or other private agency under	74318
contract with the board of alcohol, drug addiction, and mental	74319
health services shall be included in the costs of treatment for	74320
alcohol and other drug abuse to be paid by the petitioner.	74321

~~Sec. 3793.38.~~ Sec. 5119.97. Each board of alcohol, drug addiction,	74322
and mental health services on at least an annual basis shall	74323
submit each of the following lists to the clerk of the probate	74324
court in each county served by the board:	74325

(A) A list of all hospitals in the counties served by the	74326
board that are able and willing to take respondents ordered to	74327
undergo seventy-two hours of treatment and observation pursuant to	74328
section ~~3793.36~~5119.95 of the Revised Code;	74329

(B) A list of hospitals and treatment providers in the	74330
counties served by the board that are able and willing to provide	74331
treatment for alcohol and other drug abuse ordered pursuant to	74332
section ~~3793.35~~5119.94 of the Revised Code.	74333

~~Sec. 3793.39.~~ Sec. 5119.98. Sections ~~3793.12, 3793.13~~5119.26,	74334
5119.27, and ~~3793.14~~5119.61 of the Revised Code apply to a person	74335
who is ordered to undergo treatment under sections ~~3793.31 to~~	74336
~~3793.39~~5119.90 to 5119.98 of the Revised Code.	74337

Sec. 5119.99. (A) Whoever violates section ~~5119.21~~5119.333	74338
of the Revised Code is guilty of a misdemeanor of the first	74339
degree.	74340

(B) Whoever violates division (B) of section 5119.61 of the	74341
Revised Code is guilty of a misdemeanor of the fourth degree.	74342

(C) Whoever violates section 5119.27 or 5119.28 or division	74343
(G) of section 5119.36 of the Revised Code is guilty of a felony	74344
of the fifth degree.	74345

Sec. 5120.07. (A) There is hereby created the ex-offender	74346
reentry coalition consisting of the following ~~eighteen~~seventeen	74347
members or their designees:	74348

(1) The director of rehabilitation and correction;

74349

(2) The director of aging;

74350

(3) The director of ~~alcohol and drug addiction services~~	74351
mental health and addiction services;	74352

(4) The director of development services;

74353

(5) The superintendent of public instruction;

74354

(6) The director of health;

74355

(7) The director of job and family services;

74356

(8) ~~The director of mental health;~~

74357

~~(9)~~ The director of developmental disabilities;

74358

~~(10)~~(9) The director of public safety;

74359

~~(11)~~(10) The director of youth services;

74360

~~(12)~~(11) The chancellor of the Ohio board of regents;

74361

~~(13)~~(12) A representative or member of the governor's staff;

74362

~~(14)~~(13) The executive director of the ~~rehabilitation~~	74363
~~services commission~~opportunities for Ohioans with disabilities	74364
agency;	74365

~~(15)~~(14) The director of the department of commerce;

74366

~~(16)~~(15) The executive director of a health care licensing	74367
board created under Title XLVII of the Revised Code, as appointed	74368
by the chairperson of the coalition;	74369

~~(17)~~(16) The director of veterans services;

74370

~~(18)~~(17) An ex-offender appointed by the director of	74371
rehabilitation and correction.	74372

(B) The members of the coalition shall serve without	74373
compensation. The director of rehabilitation and correction or the	74374
director's designee shall be the chairperson of the coalition.	74375

(C) In consultation with persons interested and involved in	74376
the reentry of ex-offenders into the community, including but not	74377
limited to, services providers, community-based organizations, and	74378
local governments, the coalition shall identify and examine social	74379
service barriers and other obstacles to the reentry of	74380
ex-offenders into the community. Not later than one year after	74381
April 7, 2009, and on or before the same date of each year	74382
thereafter, the coalition shall submit to the speaker of the house	74383
of representatives and the president of the senate a report,	74384
including recommendations for legislative action, the activities	74385
of the coalition, and the barriers affecting the successful	74386
reentry of ex-offenders into the community. The report shall	74387
analyze the effects of those barriers on ex-offenders and on their	74388
children and other family members in various areas, including but	74389
not limited to, the following:	74390

(1) Admission to public and other housing;

74391

(2) Child support obligations and procedures;

74392

(3) Parental incarceration and family reunification;

74393

(4) Social security benefits, veterans' benefits, food	74394
stamps, and other forms of public assistance;	74395

(5) Employment;

74396

(6) Education programs and financial assistance;

74397

(7) Substance abuse~~, mental health,~~ and sex offender	74398
treatment programs and financial assistance and mental health	74399
services and financial assistance;	74400

(8) Civic and political participation;

74401

(9) Other collateral consequences under the Revised Code or	74402
the Ohio administrative code law that may result from a criminal	74403
conviction.	74404

(D)(1) The report shall also include the following	74405
information:	74406

(a) Identification of state appropriations for reentry	74407
programs;	74408

(b) Identification of other funding sources for reentry	74409
programs that are not funded by the state;	74410

(2) The coalition shall gather information about reentry	74411
programs in a repository maintained and made available by the	74412
coalition. Where available, the information shall include the	74413
following:	74414

(a) The amount of funding received;

74415

(b) The number of program participants;

74416

(c) The composition of the program, including program goals,	74417
methods for measuring success, and program success rate;	74418

(d) The type of post-program tracking that is utilized;

74419

(e) Information about employment rates and recidivism rates	74420
of ex-offenders.	74421

(E) The coalition shall cease to exist on December 31, 2014.

74422

Sec. 5120.09. Under the supervision and control of the	74423
director of rehabilitation and correction, the division of	74424
business administration shall do all of the following:	74425

(A) Submit the budgets for the several divisions of the	74426
department of rehabilitation and correction, as prepared by the	74427
respective chiefs of those divisions, to the director. The	74428
director, with the assistance of the chief of the division of	74429
business administration, shall compile a departmental budget that	74430
contains all proposals submitted by the chiefs of the divisions	74431
and shall forward the departmental budget to the governor with	74432
comments and recommendations that the director considers	74433
necessary.	74434

(B) Maintain accounts and records and compile statistics that	74435
the director prescribes;	74436

(C) Under the control of the director, coordinate and make	74437
the necessary purchases and requisitions for the department and	74438
its divisions, except when goods and services are provided to the	74439
department as described in section ~~5119.16~~5119.44 of the Revised	74440
Code;	74441

(D) Administer within this state federal criminal justice	74442
acts that the governor requires the department to administer. In	74443
order to improve the criminal justice system of this state, the	74444
division of business administration shall apply for, allocate,	74445
disburse, and account for grants that are made available pursuant	74446
to those federal criminal justice acts and grants that are made	74447
available from other federal government sources, state government	74448
sources, or private sources. As used in this division, "criminal	74449
justice system" and "federal criminal justice acts" have the same	74450
meanings as in section 5502.61 of the Revised Code.	74451

(E) Audit the activities of governmental entities, persons as	74452
defined in section 1.59 of the Revised Code, and other types of	74453
nongovernmental entities that are financed in whole or in part by	74454
funds that the department allocates or disburses and that are	74455
derived from grants described in division (D) of this section;	74456

(F) Enter into contracts, including contracts with federal,	74457
state, or local governmental entities, persons as defined in	74458
section 1.59 of the Revised Code, foundations, and other types of	74459
nongovernmental entities, that are necessary for the department to	74460
carry out its duties and that neither the director nor another	74461
section of the Revised Code authorizes another division of the	74462
department to enter;	74463

(G) Exercise other powers and perform other duties that the	74464
director may assign to the division of business administration.	74465

Sec. 5120.135. (A) As used in this section, "laboratory	74466
services" includes the performance of medical laboratory analysis;	74467
professional laboratory and pathologist consultation; the	74468
procurement, storage, and distribution of laboratory supplies; and	74469
the performance of phlebotomy services.	74470

(B) The department of rehabilitation and correction may	74471
provide laboratory services to the departments of ~~mental health~~	74472
mental health and addiction services, developmental disabilities,	74473
youth services, and rehabilitation and correction. The department	74474
of rehabilitation and correction may also provide laboratory	74475
services to other state, county, or municipal agencies and to	74476
private persons that request laboratory services if the department	74477
of rehabilitation and correction determines that the provision of	74478
laboratory services is in the public interest and considers it	74479
advisable to provide such services. The department of	74480
rehabilitation and correction may also provide laboratory services	74481
to agencies operated by the United States government and to public	74482
and private entities funded in whole or in part by the state if	74483
the director of rehabilitation and correction designates them as	74484
eligible to receive such services.	74485

The department of rehabilitation and correction shall provide	74486
laboratory services from a laboratory that complies with the	74487
standards for certification set by the United States department of	74488
health and human services under the "Clinical Laboratory	74489
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	74490
In addition, the laboratory shall maintain accreditation or	74491
certification with an appropriate accrediting or certifying	74492
organization as considered necessary by the recipients of its	74493
laboratory services and as authorized by the director of	74494
rehabilitation and correction.	74495

(C) The cost of administering this section shall be	74496
determined by the department of rehabilitation and correction and	74497
shall be paid by entities that receive laboratory services to the	74498
department for deposit in the state treasury to the credit of the	74499
laboratory services fund, which is hereby created. The fund shall	74500
be used to pay the costs the department incurs in administering	74501
this section.	74502

(D) Whenever a state agency fails to make a payment for	74503
laboratory services provided to it by the department of	74504
rehabilitation and correction under this section within thirty-one	74505
days after the date the payment was due, the office of budget and	74506
management may transfer moneys from that state agency to the	74507
department of rehabilitation and correction for deposit to the	74508
credit of the laboratory services fund. The amount transferred	74509
shall not exceed the amount of the overdue payments. Prior to	74510
making a transfer under this division, the office shall apply any	74511
credits the state agency has accumulated in payment for laboratory	74512
services provided under this section.	74513

Sec. 5120.17. (A) As used in this section:

74514

(1) "Mental illness" means a substantial disorder of thought,	74515
mood, perception, orientation, or memory that grossly impairs	74516
judgment, behavior, capacity to recognize reality, or ability to	74517
meet the ordinary demands of life.	74518

(2) "Mentally ill person subject to hospitalization" means a	74519
mentally ill person to whom any of the following applies because	74520
of the person's mental illness:	74521

(a) The person represents a substantial risk of physical harm	74522
to the person as manifested by evidence of threats of, or attempts	74523
at, suicide or serious self-inflicted bodily harm.	74524

(b) The person represents a substantial risk of physical harm	74525
to others as manifested by evidence of recent homicidal or other	74526
violent behavior, evidence of recent threats that place another in	74527
reasonable fear of violent behavior and serious physical harm, or	74528
other evidence of present dangerousness.	74529

(c) The person represents a substantial and immediate risk of	74530
serious physical impairment or injury to the person as manifested	74531
by evidence that the person is unable to provide for and is not	74532
providing for the person's basic physical needs because of the	74533
person's mental illness and that appropriate provision for those	74534
needs cannot be made immediately available in the correctional	74535
institution in which the inmate is currently housed.	74536

(d) The person would benefit from treatment in a hospital for	74537
the person's mental illness and is in need of treatment in a	74538
hospital as manifested by evidence of behavior that creates a	74539
grave and imminent risk to substantial rights of others or the	74540
person.	74541

(3) "Psychiatric hospital" means all or part of a facility	74542
that is operated and managed by the department of ~~mental health~~	74543
mental health and addiction services to provide psychiatric	74544
hospitalization services in accordance with the requirements of	74545
this section pursuant to an agreement between the directors of	74546
rehabilitation and correction and ~~mental health~~mental health and	74547
addiction services or, is licensed by the department of ~~mental~~	74548
~~health~~mental health and addiction services pursuant to section	74549
~~5119.20~~5119.33 of the Revised Code as a psychiatric hospital and	74550
is accredited by a healthcare accrediting organization approved by	74551
the department of ~~mental health~~mental health and addiction	74552
services and the psychiatric hospital is any of the following:	74553

(a) Operated and managed by the department of rehabilitation	74554
and correction within a facility that is operated by the	74555
department of rehabilitation and correction;	74556

(b) Operated and managed by a contractor for the department	74557
of rehabilitation and correction within a facility that is	74558
operated by the department of rehabilitation and correction;	74559

(c) Operated and managed in the community by an entity that	74560
has contracted with the department of rehabilitation and	74561
correction to provide psychiatric hospitalization services in	74562
accordance with the requirements of this section.	74563

(4) "Inmate patient" means an inmate who is admitted to a	74564
psychiatric hospital.	74565

(5) "Admitted" to a psychiatric hospital means being accepted	74566
for and staying at least one night at the psychiatric hospital.	74567

(6) "Treatment plan" means a written statement of reasonable	74568
objectives and goals for an inmate patient that is based on the	74569
needs of the inmate patient and that is established by the	74570
treatment team, with the active participation of the inmate	74571
patient and with documentation of that participation. "Treatment	74572
plan" includes all of the following:	74573

(a) The specific criteria to be used in evaluating progress	74574
toward achieving the objectives and goals;	74575

(b) The services to be provided to the inmate patient during	74576
the inmate patient's hospitalization;	74577

(c) The services to be provided to the inmate patient after	74578
discharge from the hospital, including, but not limited to,	74579
housing and mental health services provided at the state	74580
correctional institution to which the inmate patient returns after	74581
discharge or community mental health services.	74582

(7) "Mentally retarded person subject to institutionalization	74583
by court order" has the same meaning as in section 5123.01 of the	74584
Revised Code.	74585

(8) "Emergency transfer" means the transfer of a mentally ill	74586
inmate to a psychiatric hospital when the inmate presents an	74587
immediate danger to self or others and requires hospital-level	74588
care.	74589

(9) "Uncontested transfer" means the transfer of a mentally	74590
ill inmate to a psychiatric hospital when the inmate has the	74591
mental capacity to, and has waived, the hearing required by	74592
division (B) of this section.	74593

(10)(a) "Independent decision-maker" means a person who is	74594
employed or retained by the department of rehabilitation and	74595
correction and is appointed by the chief or chief clinical officer	74596
of mental health services as a hospitalization hearing officer to	74597
conduct due process hearings.	74598

(b) An independent decision-maker who presides over any	74599
hearing or issues any order pursuant to this section shall be a	74600
psychiatrist, psychologist, or attorney, shall not be specifically	74601
associated with the institution in which the inmate who is the	74602
subject of the hearing or order resides at the time of the hearing	74603
or order, and previously shall not have had any treatment	74604
relationship with nor have represented in any legal proceeding the	74605
inmate who is the subject of the order.	74606

(B)(1) Except as provided in division (C) of this section, if	74607
the warden of a state correctional institution or the warden's	74608
designee believes that an inmate should be transferred from the	74609
institution to a psychiatric hospital, the department shall hold a	74610
hearing to determine whether the inmate is a mentally ill person	74611
subject to hospitalization. The department shall conduct the	74612
hearing at the state correctional institution in which the inmate	74613
is confined, and the department shall provide qualified	74614
independent assistance to the inmate for the hearing. An	74615
independent decision-maker provided by the department shall	74616
preside at the hearing and determine whether the inmate is a	74617
mentally ill person subject to hospitalization.	74618

(2) Except as provided in division (C) of this section, prior	74619
to the hearing held pursuant to division (B)(1) of this section,	74620
the warden or the warden's designee shall give written notice to	74621
the inmate that the department is considering transferring the	74622
inmate to a psychiatric hospital, that it will hold a hearing on	74623
the proposed transfer at which the inmate may be present, that at	74624
the hearing the inmate has the rights described in division (B)(3)	74625
of this section, and that the department will provide qualified	74626
independent assistance to the inmate with respect to the hearing.	74627
The department shall not hold the hearing until the inmate has	74628
received written notice of the proposed transfer and has had	74629
sufficient time to consult with the person appointed by the	74630
department to provide assistance to the inmate and to prepare for	74631
a presentation at the hearing.	74632

(3) At the hearing held pursuant to division (B)(1) of this	74633
section, the department shall disclose to the inmate the evidence	74634
that it relies upon for the transfer and shall give the inmate an	74635
opportunity to be heard. Unless the independent decision-maker	74636
finds good cause for not permitting it, the inmate may present	74637
documentary evidence and the testimony of witnesses at the hearing	74638
and may confront and cross-examine witnesses called by the	74639
department.	74640

(4) If the independent decision-maker does not find clear and	74641
convincing evidence that the inmate is a mentally ill person	74642
subject to hospitalization, the department shall not transfer the	74643
inmate to a psychiatric hospital but shall continue to confine the	74644
inmate in the same state correctional institution or in another	74645
state correctional institution that the department considers	74646
appropriate. If the independent decision-maker finds clear and	74647
convincing evidence that the inmate is a mentally ill person	74648
subject to hospitalization, the decision-maker shall order that	74649
the inmate be transported to a psychiatric hospital for	74650
observation and treatment for a period of not longer than thirty	74651
days. After the hearing, the independent decision-maker shall	74652
submit to the department a written decision that states one of the	74653
findings described in division (B)(4) of this section, the	74654
evidence that the decision-maker relied on in reaching that	74655
conclusion, and, if the decision is that the inmate should be	74656
transferred, the reasons for the transfer.	74657

(C)(1) The department may transfer an inmate to a psychiatric	74658
hospital under an emergency transfer order if the chief clinical	74659
officer of mental health services of the department or that	74660
officer's designee and either a psychiatrist employed or retained	74661
by the department or, in the absence of a psychiatrist, a	74662
psychologist employed or retained by the department determines	74663
that the inmate is mentally ill, presents an immediate danger to	74664
self or others, and requires hospital-level care.	74665

(2) The department may transfer an inmate to a psychiatric	74666
hospital under an uncontested transfer order if both of the	74667
following apply:	74668

(a) A psychiatrist employed or retained by the department	74669
determines all of the following apply:	74670

(i) The inmate has a mental illness or is a mentally ill	74671
person subject to hospitalization.	74672

(ii) The inmate requires hospital care to address the mental	74673
illness.	74674

(iii) The inmate has the mental capacity to make a reasoned	74675
choice regarding the inmate's transfer to a hospital.	74676

(b) The inmate agrees to a transfer to a hospital.

74677

(3) The written notice and the hearing required under	74678
divisions (B)(1) and (2) of this section are not required for an	74679
emergency transfer or uncontested transfer under division (C)(1)	74680
or (2) of this section.	74681

(4) After an emergency transfer under division (C)(1) of this	74682
section, the department shall hold a hearing for continued	74683
hospitalization within five working days after admission of the	74684
transferred inmate to the psychiatric hospital. The department	74685
shall hold subsequent hearings pursuant to division (F) of this	74686
section at the same intervals as required for inmate patients who	74687
are transported to a psychiatric hospital under division (B)(4) of	74688
this section.	74689

(5) After an uncontested transfer under division (C)(2) of	74690
this section, the inmate may withdraw consent to the transfer in	74691
writing at any time. Upon the inmate's withdrawal of consent, the	74692
hospital shall discharge the inmate, or, within five working days,	74693
the department shall hold a hearing for continued hospitalization.	74694
The department shall hold subsequent hearings pursuant to division	74695
(F) of this section at the same time intervals as required for	74696
inmate patients who are transported to a psychiatric hospital	74697
under division (B)(4) of this section.	74698

(D)(1) If an independent decision-maker, pursuant to division	74699
(B)(4) of this section, orders an inmate transported to a	74700
psychiatric hospital or if an inmate is transferred pursuant to	74701
division (C)(1) or (2) of this section, the staff of the	74702
psychiatric hospital shall examine the inmate patient when	74703
admitted to the psychiatric hospital as soon as practicable after	74704
the inmate patient arrives at the hospital and no later than	74705
twenty-four hours after the time of arrival. The attending	74706
physician responsible for the inmate patient's care shall give the	74707
inmate patient all information necessary to enable the patient to	74708
give a fully informed, intelligent, and knowing consent to the	74709
treatment the inmate patient will receive in the hospital. The	74710
attending physician shall tell the inmate patient the expected	74711
physical and medical consequences of any proposed treatment and	74712
shall give the inmate patient the opportunity to consult with	74713
another psychiatrist at the hospital and with the inmate advisor.	74714

(2) No inmate patient who is transported or transferred	74715
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	74716
psychiatric hospital within a facility that is operated by the	74717
department of rehabilitation and correction shall be subjected to	74718
any of the following procedures:	74719

(a) Convulsive therapy;

74720

(b) Major aversive interventions;

74721

74722

(d) Psychosurgery.

74723

(E) The department of rehabilitation and correction shall	74724
ensure that an inmate patient hospitalized pursuant to this	74725
section receives or has all of the following:	74726

(1) Receives sufficient professional care within twenty days	74727
of admission to ensure that an evaluation of the inmate patient's	74728
current status, differential diagnosis, probable prognosis, and	74729
description of the current treatment plan have been formulated and	74730
are stated on the inmate patient's official chart;	74731

(2) Has a written treatment plan consistent with the	74732
evaluation, diagnosis, prognosis, and goals of treatment;	74733

(3) Receives treatment consistent with the treatment plan;

74734

(4) Receives periodic reevaluations of the treatment plan by	74735
the professional staff at intervals not to exceed thirty days;	74736

(5) Is provided with adequate medical treatment for physical	74737
disease or injury;	74738

(6) Receives humane care and treatment, including, without	74739
being limited to, the following:	74740

(a) Access to the facilities and personnel required by the	74741
treatment plan;	74742

(b) A humane psychological and physical environment;

74743

(c) The right to obtain current information concerning the	74744
treatment program, the expected outcomes of treatment, and the	74745
expectations for the inmate patient's participation in the	74746
treatment program in terms that the inmate patient reasonably can	74747
understand;	74748

(d) Opportunity for participation in programs designed to	74749
help the inmate patient acquire the skills needed to work toward	74750
discharge from the psychiatric hospital;	74751

(e) The right to be free from unnecessary or excessive	74752
medication and from unnecessary restraints or isolation;	74753

(f) All other rights afforded inmates in the custody of the	74754
department consistent with rules, policy, and procedure of the	74755
department.	74756

(F) The department shall hold a hearing for the continued	74757
hospitalization of an inmate patient who is transported or	74758
transferred to a psychiatric hospital pursuant to division (B)(4)	74759
or (C)(1) of this section prior to the expiration of the initial	74760
thirty-day period of hospitalization. The department shall hold	74761
any subsequent hearings, if necessary, not later than ninety days	74762
after the first thirty-day hearing and then not later than each	74763
one hundred and eighty days after the immediately prior hearing.	74764
An independent decision-maker shall conduct the hearings at the	74765
psychiatric hospital in which the inmate patient is confined. The	74766
inmate patient shall be afforded all of the rights set forth in	74767
this section for the hearing prior to transfer to the psychiatric	74768
hospital. The department may not waive a hearing for continued	74769
commitment. A hearing for continued commitment is mandatory for an	74770
inmate patient transported or transferred to a psychiatric	74771
hospital pursuant to division (B)(4) or (C)(1) of this section	74772
unless the inmate patient has the capacity to make a reasoned	74773
choice to execute a waiver and waives the hearing in writing. An	74774
inmate patient who is transferred to a psychiatric hospital	74775
pursuant to an uncontested transfer under division (C)(2) of this	74776
section and who has scheduled hearings after withdrawal of consent	74777
for hospitalization may waive any of the scheduled hearings if the	74778
inmate has the capacity to make a reasoned choice and executes a	74779
written waiver of the hearing.	74780

If upon completion of the hearing the independent	74781
decision-maker does not find by clear and convincing evidence that	74782
the inmate patient is a mentally ill person subject to	74783
hospitalization, the independent decision-maker shall order the	74784
inmate patient's discharge from the psychiatric hospital. If the	74785
independent decision-maker finds by clear and convincing evidence	74786
that the inmate patient is a mentally ill person subject to	74787
hospitalization, the independent decision-maker shall order that	74788
the inmate patient remain at the psychiatric hospital for	74789
continued hospitalization until the next required hearing.	74790

If at any time prior to the next required hearing for	74791
continued hospitalization, the medical director of the hospital or	74792
the attending physician determines that the treatment needs of the	74793
inmate patient could be met equally well in an available and	74794
appropriate less restrictive state correctional institution or	74795
unit, the medical director or attending physician may discharge	74796
the inmate to that facility.	74797

(G) An inmate patient is entitled to the credits toward the	74798
reduction of the inmate patient's stated prison term pursuant to	74799
Chapters 2967. and 5120. of the Revised Code under the same terms	74800
and conditions as if the inmate patient were in any other	74801
institution of the department of rehabilitation and correction.	74802

(H) The adult parole authority may place an inmate patient on	74803
parole or under post-release control directly from a psychiatric	74804
hospital.	74805

(I) If an inmate patient who is a mentally ill person subject	74806
to hospitalization is to be released from a psychiatric hospital	74807
because of the expiration of the inmate patient's stated prison	74808
term, the director of rehabilitation and correction or the	74809
director's designee, at least fourteen days before the expiration	74810
date, may file an affidavit under section 5122.11 or 5123.71 of	74811
the Revised Code with the probate court in the county where the	74812
psychiatric hospital is located or the probate court in the county	74813
where the inmate will reside, alleging that the inmate patient is	74814
a mentally ill person subject to hospitalization by court order or	74815
a mentally retarded person subject to institutionalization by	74816
court order, whichever is applicable. The proceedings in the	74817
probate court shall be conducted pursuant to Chapter 5122. or	74818
5123. of the Revised Code except as modified by this division.	74819

Upon the request of the inmate patient, the probate court	74820
shall grant the inmate patient an initial hearing under section	74821
5122.141 of the Revised Code or a probable cause hearing under	74822
section 5123.75 of the Revised Code before the expiration of the	74823
stated prison term. After holding a full hearing, the probate	74824
court shall make a disposition authorized by section 5122.15 or	74825
5123.76 of the Revised Code before the date of the expiration of	74826
the stated prison term. No inmate patient shall be held in the	74827
custody of the department of rehabilitation and correction past	74828
the date of the expiration of the inmate patient's stated prison	74829
term.	74830

(J) The department of rehabilitation and correction shall set	74831
standards for treatment provided to inmate patients.	74832

(K) A certificate, application, record, or report that is	74833
made in compliance with this section and that directly or	74834
indirectly identifies an inmate or former inmate whose	74835
hospitalization has been sought under this section is	74836
confidential. No person shall disclose the contents of any	74837
certificate, application, record, or report of that nature or any	74838
other psychiatric or medical record or report regarding a mentally	74839
ill inmate unless one of the following applies:	74840

(1) The person identified, or the person's legal guardian, if	74841
any, consents to disclosure, and the chief clinical officer or	74842
designee of mental health services of the department of	74843
rehabilitation and correction determines that disclosure is in the	74844
best interests of the person.	74845

(2) Disclosure is required by a court order signed by a	74846
judge.	74847

(3) An inmate patient seeks access to the inmate patient's	74848
own psychiatric and medical records, unless access is specifically	74849
restricted in the treatment plan for clear treatment reasons.	74850

(4) Hospitals and other institutions and facilities within	74851
the department of rehabilitation and correction may exchange	74852
psychiatric records and other pertinent information with other	74853
hospitals, institutions, and facilities of the department, but the	74854
information that may be released about an inmate patient is	74855
limited to medication history, physical health status and history,	74856
summary of course of treatment in the hospital, summary of	74857
treatment needs, and a discharge summary, if any.	74858

(5) An inmate patient's family member who is involved in	74859
planning, providing, and monitoring services to the inmate patient	74860
may receive medication information, a summary of the inmate	74861
patient's diagnosis and prognosis, and a list of the services and	74862
personnel available to assist the inmate patient and family if the	74863
attending physician determines that disclosure would be in the	74864
best interest of the inmate patient. No disclosure shall be made	74865
under this division unless the inmate patient is notified of the	74866
possible disclosure, receives the information to be disclosed, and	74867
does not object to the disclosure.	74868

(6) The department of rehabilitation and correction may	74869
exchange psychiatric hospitalization records, other mental health	74870
treatment records, and other pertinent information with county	74871
sheriffs' offices, hospitals, institutions, and facilities of the	74872
department of ~~mental health~~mental health and addiction services	74873
and with community mental health ~~agencies~~services providers and	74874
boards of alcohol, drug addiction, and mental health services with	74875
which the department of ~~mental health~~mental health and addiction	74876
services has a current agreement for patient care or services to	74877
ensure continuity of care. Disclosure under this division is	74878
limited to records regarding a mentally ill inmate's medication	74879
history, physical health status and history, summary of course of	74880
treatment, summary of treatment needs, and a discharge summary, if	74881
any. No office, department, agency, provider, or board shall	74882
disclose the records and other information unless one of the	74883
following applies:	74884

(a) The mentally ill inmate is notified of the possible	74885
disclosure and consents to the disclosure.	74886

(b) The mentally ill inmate is notified of the possible	74887
disclosure, an attempt to gain the consent of the inmate is made,	74888
and the office, department, agency, or board documents the attempt	74889
to gain consent, the inmate's objections, if any, and the reasons	74890
for disclosure in spite of the inmate's objections.	74891

(7) Information may be disclosed to staff members designated	74892
by the director of rehabilitation and correction for the purpose	74893
of evaluating the quality, effectiveness, and efficiency of	74894
services and determining if the services meet minimum standards.	74895

The name of an inmate patient shall not be retained with the	74896
information obtained during the evaluations.	74897

(L) The director of rehabilitation and correction may adopt	74898
rules setting forth guidelines for the procedures required under	74899
divisions (B), (C)(1), and (C)(2) of this section.	74900

Sec. 5120.171. (A) The department of rehabilitation and	74901
correction shall have exclusive direction and control of the care	74902
and treatment of seriously mentally ill inmates who are in the	74903
department's custody. The department shall enter into any	74904
arrangements it considers desirable on such matters, including but	74905
not limited to both of the following:	74906

(1) The monitoring of such services by another state agency	74907
or agencies;	74908

(2) Adopting joint standards for the provision and monitoring	74909
of mental health services with the department of ~~mental health~~	74910
mental health and addiction services and other state agencies.	74911

(B) In order to implement its duties imposed by division (A)	74912
of this section, the department of rehabilitation and correction	74913
may enter into a contract for the provision of the mental health	74914
services described in that division.	74915

Sec. 5120.652. To participate in the prison nursery program,	74916
each eligible inmate selected by the department shall do all the	74917
following:	74918

(A) Agree in writing to do all the following:

74919

(1) Comply with any program, educational, counseling, and	74920
other requirements established for the program by the department	74921
of rehabilitation and correction;	74922

(2) If eligible, have the child participate in the medicaid	74923
program or a health insurance program;	74924

(3) Accept the normal risks of childrearing;

74925

(4) Abide by any court decisions regarding the allocation of	74926
parental rights and responsibilities with respect to the child.	74927

(B) Assign to the department any rights to support from any	74928
other person, excluding support assigned pursuant to section	74929
5107.20 of the Revised Code and medical support assigned pursuant	74930
to section ~~5101.59~~5160.38 of the Revised Code;	74931

(C) Specify with whom the child is to be placed in the event	74932
the inmate's participation in the program is terminated for a	74933
reason other than release from imprisonment.	74934

Sec. 5120.654. (A) The rights to support assigned by an	74935
inmate pursuant to section 5120.652 of the Revised Code constitute	74936
an obligation of the person who is responsible for providing the	74937
support to the department of rehabilitation and correction for the	74938
support provided the inmate and child pursuant to the prison	74939
nursery program. The division of child support in the department	74940
of job and family services shall collect support payments made	74941
pursuant to the assignment and forward them to the department of	74942
rehabilitation and correction.	74943

(B) The department of rehabilitation and correction may	74944
receive the following:	74945

(1) Money that is assigned or donated on behalf of, and	74946
~~public~~ assistance provided under Ohio works first to, a specific	74947
inmate or child participating in the prison nursery program;	74948

(2) Money assigned or donated to establish and maintain the	74949
prison nursery program.	74950

(C) The amounts described in division (B)(1) of this section	74951
shall be placed in the individual nursery account created and	74952
maintained under section 5120.655 of the Revised Code for the	74953
inmate and child for whom the money was received. The money	74954
described in division (B)(2) of this section shall be deposited in	74955
the appropriate prison nursery program fund.	74956

Sec. 5121.051. All outstanding liability of relatives for	74957
the support of any patient or resident in a benevolent institution	74958
under the control of the department of ~~mental health~~mental health	74959
and addiction services or the department of developmental	74960
disabilities accrued prior to January 1, 1956, including the	74961
liability of the patient personally, is hereby canceled, provided	74962
that this section does not abrogate any written agreements or	74963
security arrangement for the payment of support charges entered	74964
into between the state and any patient or liable relative prior to	74965
such date.	74966

Sec. 5121.30. As used in sections 5121.30 to 5121.56 of the	74967
Revised Code:	74968

(A) ~~"Community mental health services client" or "client"~~	74969
~~means a person receiving state-operated community mental health~~	74970
~~services.~~	74971

~~(B)~~ "Countable assets" means all of the following:

74972

(1) Cash;

74973

(2) Bank deposits;

74974

(3) Securities;

74975

(4) Individual retirement accounts;

74976

(5) Qualified employer plans, including 401(k) and Keogh	74977
plans;	74978

(6) Annuities;

74979

(7) Funds in a trust created under section 5815.28 of the	74980
Revised Code;	74981

(8) Investment property and income;

74982

(9) The cash surrender values of life insurance policies;

74983

(10) Assets acquired by gift, bequest, devise, or	74984
inheritance;	74985

(11) Any other asset determined by the department of ~~mental~~	74986
~~health~~mental health and addiction services to be equivalent to	74987
the assets enumerated in this division.	74988

~~(C)~~(B) "Federal poverty level" or "FPL" means the income	74989
level represented by the poverty guidelines as revised annually by	74990
the United States department of health and human services in	74991
accordance with section 673(2) of the "Omnibus Reconciliation Act	74992
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	74993
size equal to the size of the family of the person whose income is	74994
being determined.	74995

~~(D)~~(C) "Federal poverty guidelines" means the poverty	74996
guidelines as revised annually by the United States department of	74997
health and human services in accordance with section 673(2) of the	74998
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	74999
U.S.C. 9902, as amended, for a family size equal to the size of	75000
the family of the person whose income is being determined.	75001

~~(E)~~(D) "Hospital" means an institution, hospital, or other	75002
place established, controlled, or supervised by the department of	75003
~~mental health~~mental health and addiction services under Chapter	75004
5119. of the Revised Code.	75005

~~(F)~~(E) "Liable relative" means all of the following:

75006

(1) A patient's spouse;

75007

(2) A patient's mother or father, or both, if the patient is	75008
under eighteen years of age;	75009

(3) A patient's guardian.

75010

~~(G)~~(F) "Patient" means a person admitted to a hospital for	75011
inpatient care or treatment, including a person transferred to a	75012
hospital from a state correctional institution or a person under	75013
indictment or conviction who has been transferred to a hospital.	75014

Sec. 5121.32. On an annual basis, the department of ~~mental~~	75015
~~health~~mental health and addiction services shall determine both	75016
of the following using generally accepted governmental accounting	75017
principles:	75018

(A) The applicable per diem charge for each hospital operated	75019
by the department;	75020

(B) The ancillary per diem rate for each hospital operated by	75021
the department.	75022

In determining a hospital's applicable per diem charge and	75023
ancillary per diem rate, the department shall consider the average	75024
actual per diem cost of maintaining and treating a patient at the	75025
hospital or, at the department's discretion, the average actual	75026
per diem cost of maintaining and treating a patient in a unit of	75027
the hospital.	75028

Sec. 5121.33. Except as provided in sections 5121.35,	75029
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	75030
Code, the department of ~~mental health~~mental health and addiction	75031
services shall, for each billing cycle, charge a patient,	75032
patient's estate, or liable relative an amount equal to the sum of	75033
the following:	75034

(A) The applicable per diem charge multiplied by the number	75035
of days the patient was admitted to the hospital;	75036

(B) An amount that was previously billed but not paid.

75037

Sec. 5121.34. (A) A patient, patient's estate, and patient's	75038
liable relatives shall be jointly and severally liable for amounts	75039
charged by the department of ~~mental health~~mental health and	75040
addiction services in accordance with section 5121.33 or 5121.35	75041
of the Revised Code. In no case shall any of the foregoing persons	75042
be liable for more than one hundred per cent of the full sum	75043
charged under section 5121.33 of the Revised Code.	75044

(B) Collections of support payments shall be made by the	75045
department and, subject to meeting prior requirements for payment	75046
and crediting of such collections and other available receipts, in	75047
accordance with the bond proceedings applicable to obligations	75048
issued pursuant to section 154.20 of the Revised Code. The	75049
collections and other available receipts designated by the	75050
director of ~~mental health~~mental health and addiction services for	75051
deposit in the special accounts, together with insurance contract	75052
payments provided for in section 5121.43 of the Revised Code,	75053
shall be remitted to the treasurer of state for deposit in the	75054
state treasury to the credit of the mental health operating fund,	75055
which is hereby created, to be used for the general purposes of	75056
the department. The department shall make refunds of overpayment	75057
of support charges from the mental health operating fund.	75058

Sec. 5121.35. The department of ~~mental health~~mental health	75059
and addiction services shall charge a patient, patient's estate,	75060
or liable relative an amount discounted from the amount the	75061
department charges under section 5121.33 of the Revised Code if	75062
the department determines through the application process	75063
described in section 5121.36 of the Revised Code or through the	75064
financial assessment process described in section 5121.37 of the	75065
Revised Code that the patient, estate, or relative is eligible for	75066
a discount.	75067

Sec. 5121.36. (A) A patient, patient's estate, or liable	75068
relative may apply for a discount by completing an application	75069
form prescribed by the director of ~~mental health~~mental health and	75070
addiction services. The department of ~~mental health~~mental health	75071
and addiction services may require a patient, estate, or relative	75072
to furnish any of the following with an application form:	75073

(1) A copy of the patient's, estate's, or liable relative's	75074
federal income tax return for the year preceding the date of	75075
application or, if that is not yet available, the preceding year;	75076

(2) A copy of the patient's, estate's, or liable relative's	75077
employee tax withholding return (form W-2) for the year preceding	75078
the date of application;	75079

(3) Any other relevant documents prescribed by the director	75080
of ~~mental health~~mental health and addiction services.	75081

(B) To be considered, an application must be submitted to the	75082
department not later than ninety days after the date the patient	75083
is admitted to a hospital.	75084

(C) From the information provided by a patient, estate, or	75085
relative, the department shall determine whether the department	75086
will charge the person a discounted amount in accordance with	75087
sections 5121.40 and 5121.41 of the Revised Code. In making this	75088
determination, the department shall consider whether the patient	75089
is covered by an insurance policy or other contract that provides	75090
for payment of expenses and treatment for mental illness. If the	75091
department determines that the patient has coverage, the	75092
department shall require payment in accordance with section	75093
5121.43 of the Revised Code.	75094

(D) The department shall notify the patient, executor or	75095
administrator of the patient's estate, or liable relative who	75096
submitted the application form in writing regarding whether that	75097
person will be charged a discounted amount and the per diem rate	75098
to be charged.	75099

(E) In accordance with section 5121.42 of the Revised Code,	75100
the department may, at any time, modify an amount charged or	75101
change the per diem rate to be charged if the department learns of	75102
countable assets or income that was not previously disclosed or	75103
was acquired after the application form was submitted. Within a	75104
reasonable time, the department shall notify in writing any person	75105
affected by a modification or change.	75106

Sec. 5121.37. After a patient's admittance to a hospital, the	75107
department of ~~mental health~~mental health and addiction services	75108
shall conduct a financial assessment to determine whether the	75109
patient, patient's estate, or liable relative will be charged an	75110
amount discounted from the amount the department charges under	75111
section 5121.33 of the Revised Code. The department shall make the	75112
determination in accordance with sections 5121.40 and 5121.41 of	75113
the Revised Code.	75114

If a discounted rate is to be charged, the department shall	75115
notify the person whose financial condition was assessed. The	75116
notice shall specify the per diem rate to be charged.	75117

In accordance with section 5121.42 of the Revised Code, the	75118
department may, at any time, modify an amount charged or change	75119
the per diem rate to be charged if the department learns of	75120
countable assets or income that was not previously disclosed or	75121
was acquired after the assessment was conducted. Within a	75122
reasonable time, the department shall notify in writing any person	75123
affected by a modification or change.	75124

Sec. 5121.38. The department of ~~mental health~~mental health	75125
and addiction services may subpoena witnesses, take testimony	75126
under oath, and examine any public records relating to the income	75127
and other assets of a patient or of a relative liable for such	75128
patient's support. All information, conclusions, and	75129
recommendations shall be submitted to the department by the	75130
investigating agent of the department.	75131

Sec. 5121.40. (A) A patient, patient's estate, or liable	75132
relative may be eligible to be charged an amount discounted from	75133
the amount the department of ~~mental health~~mental health and	75134
addiction services charges under section 5121.33 of the Revised	75135
Code if the patient, estate, or relative has countable assets with	75136
a total value that is not greater than an amount equal to fifty	75137
per cent of the difference between the following:	75138

(1) The gross annual income that corresponds with a family	75139
size of two persons at one hundred per cent of the federal poverty	75140
level for the state;	75141

(2) The gross annual income that corresponds with a family	75142
size of one person at one hundred per cent of the federal poverty	75143
level for the state. For purposes of determining family size, the	75144
patient is one dependent. One additional dependent shall be	75145
included for each of the following circumstances and persons:	75146

(a) The patient or liable relative is legally blind or deaf.

75147

(b) The patient or liable relative is of sixty-five years of	75148
age or older.	75149

(c) Each child under eighteen years of age for which the	75150
patient or liable relative has legal custody;	75151

(d) The patient's or liable relative's spouse.

75152

(B) A patient, estate, or relative may, not later than ninety	75153
days after the patient's admission to a hospital, surrender the	75154
value of countable assets sufficient to reduce countable assets to	75155
not more than the limit described in division (A) of this section.	75156

Sec. 5121.42. (A) Except as provided in division (B) of this	75157
section, a patient, patient's estate, or liable relative shall	75158
cease to be eligible for a discount under ~~sections~~section 5121.36	75159
or 5121.37 of the Revised Code on accumulation of countable assets	75160
in excess of an amount equal to fifty per cent of the difference	75161
between the following:	75162

(1) The gross annual income that corresponds with a family	75163
size of two persons at one hundred per cent of the federal poverty	75164
level for the state;	75165

(2) The gross annual income that corresponds with a family	75166
size of one person at one hundred per cent of the federal poverty	75167
level for the state.	75168

(B) Money needed to meet the patient's needs and burial fund	75169
as determined by a needs assessment conducted by the department of	75170
~~mental health~~mental health and addiction services pursuant to	75171
rules adopted under section ~~5119.01~~5119.10 of the Revised Code	75172
shall be excluded from any determination the department makes	75173
under division (A) of this section.	75174

Sec. 5121.43. If a patient is covered by an insurance policy	75175
or other contract that provides for payment of expenses for care	75176
and treatment for mental illness at or from a hospital under the	75177
jurisdiction of the department of ~~mental health~~mental health and	75178
addiction services, sections 5121.33 to 5121.55 of the Revised	75179
Code are inapplicable to the extent that the policy or contract is	75180
in force. Any insurance carrier or other third party payor	75181
providing coverage for such care and treatment shall pay for the	75182
patient's support obligation in amounts equal to the lesser of	75183
amounts charged by the department under section 5121.33 of the	75184
Revised Code or the benefits provided under the policy or other	75185
contract. Whether or not an insured, owner of, or other person	75186
having an interest in such policy or other contract is liable for	75187
support payments, the insured, policy owner, or other person shall	75188
assign payment directly to the department of all assignable	75189
benefits under the policy or other contract and shall pay to the	75190
department, within ten days of receipt, all insurance or other	75191
benefits received as reimbursement or payment for expenses	75192
incurred by the patient or for any other reason. If the insured,	75193
policy owner, or other person refuses to assign payment to the	75194
department or refuses to pay received reimbursements or payments	75195
to the department within ten days of receipt, the total liability	75196
of the insured, policy owner, or other person for the services is	75197
an amount equal to the per diem charge for the hospital where the	75198
patient was admitted multiplied by the number of days the patient	75199
was admitted.	75200

In no event shall this total liability exceed the	75201
department's actual cost of providing care and treatment to a	75202
patient. The department may disqualify patients and liable	75203
relatives who have retained third party funds from future	75204
discounts. The department may request that the attorney general	75205
petition a court of competent jurisdiction to compel the insured,	75206
owner of, or other person having an interest in the policy or	75207
contract to comply with the assignment requirements in this	75208
section.	75209

Sec. 5121.44. The department of ~~mental health~~mental health	75210
and addiction services may enter into an extended payment	75211
agreement with a patient, patient's estate, or liable relative who	75212
has notified the department that the patient, estate, or relative	75213
cannot reasonably pay an amount the department has charged. In no	75214
case shall the department take a security interest, mortgage, or	75215
lien against the principal family residence of a patient or liable	75216
relative.	75217

Sec. 5121.45. (A) For purposes of this section, "delinquent	75218
payment" means an amount owed by a patient, patient's estate, or	75219
liable relative to the department of ~~mental health~~mental health	75220
and addiction services for which the person has failed to do	75221
either of the following not later than ninety days after the	75222
service associated with the charge was incurred:	75223

(1) Make payment in full;

75224

(2) Make a payment in accordance with the terms of an	75225
agreement entered into under section 5121.44 of the Revised Code.	75226

(B) An action to enforce the collection of a delinquent	75227
payment shall be commenced not later than six years after the	75228
later of the following:	75229

(1) The last date the department received money to satisfy	75230
the delinquent payment;	75231

(2) The date the charge was due.

75232

(C) In all actions to enforce the collection of delinquent	75233
payments, a court of record shall receive into evidence the proof	75234
of claim document made by the state together with all debts and	75235
credits. The proof of claim document shall be prima-facie evidence	75236
of the facts stated in the document.	75237

Sec. 5121.46. The department of ~~mental health~~mental health	75238
and addiction services shall not charge a liable relative under	75239
sections 5121.33 and 5121.35 of the Revised Code who has done	75240
either of the following:	75241

(A) Paid all amounts charged by the department for the care	75242
and treatment of a particular patient for fifteen consecutive	75243
years;	75244

(B) Paid amounts charged by the department for the care and	75245
treatment of more than one patient for a total of fifteen	75246
consecutive years.	75247

Sec. 5121.47. Irrespective of the number of patients for	75248
which the department of ~~mental health~~mental health and addiction	75249
services may charge a liable relative under sections 5121.33 or	75250
and 5121.35 of the Revised Code, the department shall not charge a	75251
liable relative or group of liable relatives who are members of	75252
the same family unit for the support of more than one patient	75253
during the same period of time.	75254

Sec. 5121.49. (A) Any person who has been charged under	75255
section 5121.33 or 5121.35 of the Revised Code may petition the	75256
department of ~~mental health~~mental health and addiction services	75257
to do the following:	75258

(1) Release the person from a charge;

75259

(2) Modify or cancel a charge.

75260

(B) The department shall respond to a petition in writing and	75261
inform the petitioner of whether a release, modification, or	75262
cancellation has been approved.	75263

Sec. 5121.50. When a patient is committed to a hospital	75264
pursuant to judicial proceedings, the judge ordering the	75265
commitment shall:	75266

(A) Make a reliable report on the financial condition of the	75267
patient and of each liable relative, as provided in rules adopted	75268
by the director of ~~mental health~~mental health and addiction	75269
services;	75270

(B) Certify the report required under division (A) of this	75271
section to the managing officer of the hospital. The managing	75272
officer shall thereupon enter in the managing officer's records	75273
the name and address of any guardian appointed and of any relative	75274
liable for the patient's support.	75275

Sec. 5121.51. In case the estate of any patient in a	75276
hospital is sufficient for the patient's support and no guardian	75277
has been appointed for such estate, the agent of the department of	75278
~~mental health~~mental health and addiction services shall petition	75279
the probate court of the proper county to appoint a guardian.	75280

Sec. 5121.52. On the death of a person who is a patient, or	75281
has been a patient in a hospital, or on the death of a person	75282
responsible under section 5121.34 of the Revised Code for the	75283
support of a patient, the department of ~~mental health~~mental	75284
health and addiction services may waive the presentation of any	75285
claim for support against the estate of such decedent, when in its	75286
judgment an otherwise dependent person will be directly benefited	75287
by the estate. Claims against an estate for support of a patient	75288
are subject to section 5815.28 and Chapter 2117. of the Revised	75289
Code, and shall be treated, and may be barred, the same as the	75290
claims of other creditors of the estate, pursuant to that section	75291
or chapter.	75292

The department of ~~mental health~~mental health and addiction	75293
services may accept from a guardian or trustee of a patient a	75294
contract agreeing to pay to the state from the property of the	75295
guardian's or trustee's ward before or at the death of the ward a	75296
fixed annual amount for the support of the ward while the ward is	75297
a patient, with interest at four per cent per annum. A copy of the	75298
contract shall be filed in the probate court of the proper county	75299
and duly entered as a part of the records concerning the ward.	75300

Sec. 5121.55. The cost for support of a client of	75301
state-operated community mental health services is an amount	75302
determined using guidelines the department of ~~mental health~~mental	75303
health and addiction services shall issue. The guidelines shall be	75304
based on cost findings and rate-settings applicable to such	75305
services.	75306

Sec. 5122.01. As used in this chapter and Chapter 5119. of	75307
the Revised Code:	75308

(A) "Mental illness" means a substantial disorder of thought,	75309
mood, perception, orientation, or memory that grossly impairs	75310
judgment, behavior, capacity to recognize reality, or ability to	75311
meet the ordinary demands of life.	75312

(B) "Mentally ill person subject to hospitalization by court	75313
order" means a mentally ill person who, because of the person's	75314
illness:	75315

(1) Represents a substantial risk of physical harm to self as	75316
manifested by evidence of threats of, or attempts at, suicide or	75317
serious self-inflicted bodily harm;	75318

(2) Represents a substantial risk of physical harm to others	75319
as manifested by evidence of recent homicidal or other violent	75320
behavior, evidence of recent threats that place another in	75321
reasonable fear of violent behavior and serious physical harm, or	75322
other evidence of present dangerousness;	75323

(3) Represents a substantial and immediate risk of serious	75324
physical impairment or injury to self as manifested by evidence	75325
that the person is unable to provide for and is not providing for	75326
the person's basic physical needs because of the person's mental	75327
illness and that appropriate provision for those needs cannot be	75328
made immediately available in the community; or	75329

(4) Would benefit from treatment in a hospital for the	75330
person's mental illness and is in need of such treatment as	75331
manifested by evidence of behavior that creates a grave and	75332
imminent risk to substantial rights of others or the person.	75333

(C)(1) "Patient" means, subject to division (C)(2) of this	75334
section, a person who is admitted either voluntarily or	75335
involuntarily to a hospital or other place under section 2945.39,	75336
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	75337
finding of not guilty by reason of insanity or incompetence to	75338
stand trial or under this chapter, who is under observation or	75339
receiving treatment in such place.	75340

(2) "Patient" does not include a person admitted to a	75341
hospital or other place under section 2945.39, 2945.40, 2945.401,	75342
or 2945.402 of the Revised Code to the extent that the reference	75343
in this chapter to patient, or the context in which the reference	75344
occurs, is in conflict with any provision of sections 2945.37 to	75345
2945.402 of the Revised Code.	75346

(D) "Licensed physician" means a person licensed under the	75347
laws of this state to practice medicine or a medical officer of	75348
the government of the United States while in this state in the	75349
performance of the person's official duties.	75350

(E) "Psychiatrist" means a licensed physician who has	75351
satisfactorily completed a residency training program in	75352
psychiatry, as approved by the residency review committee of the	75353
American medical association, the committee on post-graduate	75354
education of the American osteopathic association, or the American	75355
osteopathic board of neurology and psychiatry, or who on July 1,	75356
1989, has been recognized as a psychiatrist by the Ohio state	75357
medical association or the Ohio osteopathic association on the	75358
basis of formal training and five or more years of medical	75359
practice limited to psychiatry.	75360

(F) "Hospital" means a hospital or inpatient unit licensed by	75361
the department of ~~mental health~~mental health and addiction	75362
services under section ~~5119.20~~5119.33 of the Revised Code, and	75363
any institution, hospital, or other place established, controlled,	75364
or supervised by the department under Chapter 5119. of the Revised	75365
Code.	75366

(G) "Public hospital" means a facility that is tax-supported	75367
and under the jurisdiction of the department of ~~mental health~~	75368
mental health and addiction services.	75369

(H) "Community mental health ~~agency~~services provider" means	75370
an agency, association, corporation, individual, or program that	75371
provides community mental health services that are certified by	75372
the director of ~~mental health~~mental health and addiction services	75373
under section ~~5119.611~~5119.36 of the Revised Code.	75374

(I) "Licensed clinical psychologist" means a person who holds	75375
a current valid psychologist license issued under section 4732.12	75376
or 4732.15 of the Revised Code, and in addition, meets either of	75377
the following criteria:	75378

(1) Meets the educational requirements set forth in division	75379
(B) of section 4732.10 of the Revised Code and has a minimum of	75380
two years' full-time professional experience, or the equivalent as	75381
determined by rule of the state board of psychology, at least one	75382
year of which shall be a predoctoral internship, in clinical	75383
psychological work in a public or private hospital or clinic or in	75384
private practice, diagnosing and treating problems of mental	75385
illness or mental retardation under the supervision of a	75386
psychologist who is licensed or who holds a diploma issued by the	75387
American board of professional psychology, or whose qualifications	75388
are substantially similar to those required for licensure by the	75389
state board of psychology when the supervision has occurred prior	75390
to enactment of laws governing the practice of psychology;	75391

(2) Meets the educational requirements set forth in division	75392
(B) of section 4732.15 of the Revised Code and has a minimum of	75393
four years' full-time professional experience, or the equivalent	75394
as determined by rule of the state board of psychology, in	75395
clinical psychological work in a public or private hospital or	75396
clinic or in private practice, diagnosing and treating problems of	75397
mental illness or mental retardation under supervision, as set	75398
forth in division (I)(1) of this section.	75399

(J) "Health officer" means any public health physician;	75400
public health nurse; or other person authorized by or designated	75401
by a city health district; a general health district; or a board	75402
of alcohol, drug addiction, and mental health services to perform	75403
the duties of a health officer under this chapter.	75404

(K) "Chief clinical officer" means the medical director of a	75405
hospital, or a community mental health ~~agency~~services provider,	75406
or a board of alcohol, drug addiction, and mental health services,	75407
or, if there is no medical director, the licensed physician	75408
responsible for the treatment a hospital or community mental	75409
health ~~agency~~services provider provides. The chief clinical	75410
officer may delegate to the attending physician responsible for a	75411
patient's care the duties imposed on the chief clinical officer by	75412
this chapter. Within a community mental health ~~agency~~services	75413
provider, the chief clinical officer shall be designated by the	75414
governing body of the ~~agency~~services provider and shall be a	75415
licensed physician or licensed clinical psychologist who	75416
supervises diagnostic and treatment services. A licensed physician	75417
or licensed clinical psychologist designated by the chief clinical	75418
officer may perform the duties and accept the responsibilities of	75419
the chief clinical officer in the chief clinical officer's	75420
absence.	75421

(L) "Working day" or "court day" means Monday, Tuesday,	75422
Wednesday, Thursday, and Friday, except when such day is a	75423
holiday.	75424

(M) "Indigent" means unable without deprivation of	75425
satisfaction of basic needs to provide for the payment of an	75426
attorney and other necessary expenses of legal representation,	75427
including expert testimony.	75428

(N) "Respondent" means the person whose detention,	75429
commitment, hospitalization, continued hospitalization or	75430
commitment, or discharge is being sought in any proceeding under	75431
this chapter.	75432

(O) "Ohio protection and advocacy system" has the same	75433
meaning as in section 5123.60 of the Revised Code.	75434

(P) "Independent expert evaluation" means an evaluation	75435
conducted by a licensed clinical psychologist, psychiatrist, or	75436
licensed physician who has been selected by the respondent or the	75437
respondent's counsel and who consents to conducting the	75438
evaluation.	75439

(Q) "Court" means the probate division of the court of common	75440
pleas.	75441

(R) "Expunge" means:

75442

(1) The removal and destruction of court files and records,	75443
originals and copies, and the deletion of all index references;	75444

(2) The reporting to the person of the nature and extent of	75445
any information about the person transmitted to any other person	75446
by the court;	75447

(3) Otherwise insuring that any examination of court files	75448
and records in question shall show no record whatever with respect	75449
to the person;	75450

(4) That all rights and privileges are restored, and that the	75451
person, the court, and any other person may properly reply that no	75452
such record exists, as to any matter expunged.	75453

(S) "Residence" means a person's physical presence in a	75454
county with intent to remain there, except that:	75455

(1) If a person is receiving a mental health service at a	75456
facility that includes nighttime sleeping accommodations,	75457
residence means that county in which the person maintained the	75458
person's primary place of residence at the time the person entered	75459
the facility;	75460

(2) If a person is committed pursuant to section 2945.38,	75461
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	75462
residence means the county where the criminal charges were filed.	75463

When the residence of a person is disputed, the matter of	75464
residence shall be referred to the department of ~~mental health~~	75465
mental health and addiction services for investigation and	75466
determination. Residence shall not be a basis for a board's	75467
denying services to any person present in the board's service	75468
district, and the board shall provide services for a person whose	75469
residence is in dispute while residence is being determined and	75470
for a person in an emergency situation.	75471

(T) "Admission" to a hospital or other place means that a	75472
patient is accepted for and stays at least one night at the	75473
hospital or other place.	75474

(U) "Prosecutor" means the prosecuting attorney, village	75475
solicitor, city director of law, or similar chief legal officer	75476
who prosecuted a criminal case in which a person was found not	75477
guilty by reason of insanity, who would have had the authority to	75478
prosecute a criminal case against a person if the person had not	75479
been found incompetent to stand trial, or who prosecuted a case in	75480
which a person was found guilty.	75481

(V) "Treatment plan" means a written statement of reasonable	75482
objectives and goals for an individual established by the	75483
treatment team, with specific criteria to evaluate progress	75484
towards achieving those objectives. The active participation of	75485
the patient in establishing the objectives and goals shall be	75486
documented. The treatment plan shall be based on patient needs and	75487
include services to be provided to the patient while the patient	75488
is hospitalized and after the patient is discharged. The treatment	75489
plan shall address services to be provided upon discharge,	75490
including but not limited to housing, financial, and vocational	75491
services.	75492

(W) "Community control sanction" has the same meaning as in	75493
section 2929.01 of the Revised Code.	75494

(X) "Post-release control sanction" has the same meaning as	75495
in section 2967.01 of the Revised Code.	75496

Sec. 5122.03. A patient admitted under section 5122.02 of	75497
the Revised Code who requests release in writing, or whose release	75498
is requested in writing by the patient's counsel, legal guardian,	75499
parent, spouse, or adult next of kin shall be released forthwith,	75500
except that when:	75501

(A) The patient was admitted on the patient's own application	75502
and the request for release is made by a person other than the	75503
patient, release may be conditional upon the agreement of the	75504
patient; or	75505

(B) The chief clinical officer of the hospital, within three	75506
court days from the receipt of the request for release, files or	75507
causes to be filed with the court of the county where the patient	75508
is hospitalized or of the county where the patient is a resident,	75509
an affidavit under section 5122.11 of the Revised Code. Release	75510
may be postponed until the hearing held under section 5122.141 of	75511
the Revised Code. A telephone communication within three court	75512
days from the receipt of the request for release from the chief	75513
clinical officer to the court, indicating that the required	75514
affidavit has been mailed, is sufficient compliance with the time	75515
limit for filing such affidavit.	75516

Unless the patient is released within three days from the	75517
receipt of the request by the chief clinical officer, the request	75518
shall serve as a request for an initial hearing under section	75519
5122.141 of the Revised Code. If the court finds that the patient	75520
is a mentally ill person subject to hospitalization by court	75521
order, all provisions of this chapter with respect to involuntary	75522
hospitalization apply to such person.	75523

Judicial proceedings for hospitalization shall not be	75524
commenced with respect to a voluntary patient except pursuant to	75525
this section.	75526

Sections 5121.30 to 5121.56 of the Revised Code apply to	75527
persons received in a hospital operated by the department of	75528
~~mental health~~mental health and addiction services on a voluntary	75529
application.	75530

The chief clinical officer of the hospital shall provide	75531
reasonable means and arrangements for informing patients of their	75532
rights to release as provided in this section and for assisting	75533
them in making and presenting requests for release or for a	75534
hearing under section 5122.141 of the Revised Code.	75535

Before a patient is released from a public hospital, the	75536
chief clinical officer shall, when possible, notify the board of	75537
the patient's county of residence of the patient's pending release	75538
after the chief clinical officer has informed the patient that the	75539
board will be so notified.	75540

Sec. 5122.10. Any psychiatrist, licensed clinical	75541
psychologist, licensed physician, health officer, parole officer,	75542
police officer, or sheriff may take a person into custody, or the	75543
chief of the adult parole authority or a parole or probation	75544
officer with the approval of the chief of the authority may take a	75545
parolee, an offender under a community control sanction or a	75546
post-release control sanction, or an offender under transitional	75547
control into custody and may immediately transport the parolee,	75548
offender on community control or post-release control, or offender	75549
under transitional control to a hospital or, notwithstanding	75550
section ~~5119.20~~5119.33 of the Revised Code, to a general hospital	75551
not licensed by the department of ~~mental health~~mental health and	75552
addiction services where the parolee, offender on community	75553
control or post-release control, or offender under transitional	75554
control may be held for the period prescribed in this section, if	75555
the psychiatrist, licensed clinical psychologist, licensed	75556
physician, health officer, parole officer, police officer, or	75557
sheriff has reason to believe that the person is a mentally ill	75558
person subject to hospitalization by court order under division	75559
(B) of section 5122.01 of the Revised Code, and represents a	75560
substantial risk of physical harm to self or others if allowed to	75561
remain at liberty pending examination.	75562

A written statement shall be given to such hospital by the	75563
transporting psychiatrist, licensed clinical psychologist,	75564
licensed physician, health officer, parole officer, police	75565
officer, chief of the adult parole authority, parole or probation	75566
officer, or sheriff stating the circumstances under which such	75567
person was taken into custody and the reasons for the	75568
psychiatrist's, licensed clinical psychologist's, licensed	75569
physician's, health officer's, parole officer's, police officer's,	75570
chief of the adult parole authority's, parole or probation	75571
officer's, or sheriff's belief. This statement shall be made	75572
available to the respondent or the respondent's attorney upon	75573
request of either.	75574

Every reasonable and appropriate effort shall be made to take	75575
persons into custody in the least conspicuous manner possible. A	75576
person taking the respondent into custody pursuant to this section	75577
shall explain to the respondent: the name,and professional	75578
designation, and ~~agency~~ affiliation of the person taking the	75579
respondent into custody; that the custody-taking is not a criminal	75580
arrest; and that the person is being taken for examination by	75581
mental health professionals at a specified mental health facility	75582
identified by name.	75583

If a person taken into custody under this section is	75584
transported to a general hospital, the general hospital may admit	75585
the person, or provide care and treatment for the person, or both,	75586
notwithstanding section ~~5119.20~~5119.33 of the Revised Code, but	75587
by the end of twenty-four hours after arrival at the general	75588
hospital, the person shall be transferred to a hospital as defined	75589
in section 5122.01 of the Revised Code.	75590

A person transported or transferred to a hospital or	75591
community mental health ~~agency~~services provider under this	75592
section shall be examined by the staff of the hospital or ~~agency~~	75593
services provider within twenty-four hours after arrival at the	75594
hospital or ~~agency~~services provider. If to conduct the	75595
examination requires that the person remain overnight, the	75596
hospital or ~~agency~~services provider shall admit the person in an	75597
unclassified status until making a disposition under this section.	75598
After the examination, if the chief clinical officer of the	75599
hospital or ~~agency~~services provider believes that the person is	75600
not a mentally ill person subject to hospitalization by court	75601
order, the chief clinical officer shall release or discharge the	75602
person immediately unless a court has issued a temporary order of	75603
detention applicable to the person under section 5122.11 of the	75604
Revised Code. After the examination, if the chief clinical officer	75605
believes that the person is a mentally ill person subject to	75606
hospitalization by court order, the chief clinical officer may	75607
detain the person for not more than three court days following the	75608
day of the examination and during such period admit the person as	75609
a voluntary patient under section 5122.02 of the Revised Code or	75610
file an affidavit under section 5122.11 of the Revised Code. If	75611
neither action is taken and a court has not otherwise issued a	75612
temporary order of detention applicable to the person under	75613
section 5122.11 of the Revised Code, the chief clinical officer	75614
shall discharge the person at the end of the three-day period	75615
unless the person has been sentenced to the department of	75616
rehabilitation and correction and has not been released from the	75617
person's sentence, in which case the person shall be returned to	75618
that department.	75619

Sec. 5122.11. Proceedings for the hospitalization of a	75620
person pursuant to sections 5122.11 to 5122.15 of the Revised Code	75621
shall be commenced by the filing of an affidavit in the manner and	75622
form prescribed by the department of ~~mental health~~mental health	75623
and addiction services, by any person or persons with the court,	75624
either on reliable information or actual knowledge, whichever is	75625
determined to be proper by the court. This section does not apply	75626
to the hospitalization of a person pursuant to section 2945.39,	75627
2945.40, 2945.401, or 2945.402 of the Revised Code.	75628

The affidavit shall contain an allegation setting forth the	75629
specific category or categories under division (B) of section	75630
5122.01 of the Revised Code upon which the jurisdiction of the	75631
court is based and a statement of alleged facts sufficient to	75632
indicate probable cause to believe that the person is a mentally	75633
ill person subject to hospitalization by court order. The	75634
affidavit may be accompanied, or the court may require that the	75635
affidavit be accompanied, by a certificate of a psychiatrist, or a	75636
certificate signed by a licensed clinical psychologist and a	75637
certificate signed by a licensed physician stating that the person	75638
who issued the certificate has examined the person and is of the	75639
opinion that the person is a mentally ill person subject to	75640
hospitalization by court order, or shall be accompanied by a	75641
written statement by the applicant, under oath, that the person	75642
has refused to submit to an examination by a psychiatrist, or by a	75643
licensed clinical psychologist and licensed physician.	75644

Upon receipt of the affidavit, if a judge of the court or a	75645
referee who is an attorney at law appointed by the court has	75646
probable cause to believe that the person named in the affidavit	75647
is a mentally ill person subject to hospitalization by court	75648
order, the judge or referee may issue a temporary order of	75649
detention ordering any health or police officer or sheriff to take	75650
into custody and transport the person to a hospital or other place	75651
designated in section 5122.17 of the Revised Code, or may set the	75652
matter for further hearing.	75653

The person may be observed and treated until the hearing	75654
provided for in section 5122.141 of the Revised Code. If no such	75655
hearing is held, the person may be observed and treated until the	75656
hearing provided for in section 5122.15 of the Revised Code.	75657

Sec. 5122.12. After receipt of the affidavit required by	75658
section 5122.11 of the Revised Code, the court shall cause written	75659
notice by mail or otherwise of any hearing as the court directs to	75660
be given to the following persons:	75661

(A) The respondent;

75662

(B) The respondent's legal guardian, if any, the respondent's	75663
spouse, if any, and the respondent's parents, if the respondent is	75664
a minor, if these persons' addresses are known to the court or can	75665
be obtained through exercise of reasonable diligence;	75666

75667

(D) Any one person designated by the respondent; but if the	75668
respondent does not make a selection, the notice shall be sent to	75669
the adult next of kin other than the person who filed the	75670
affidavit if that person's address is known to the court or can be	75671
obtained through exercise of reasonable diligence;	75672

(E) The respondent's counsel;

75673

(F) The director, chief clinical officer, or the respective	75674
designee of the hospital, board, ~~agency~~services provider, or	75675
facility to which the person has been committed;	75676

(G) The board of alcohol, drug addiction, and mental health	75677
services serving the respondent's county of residence or ~~an agency~~	75678
a services provider the board designates.	75679

Any person entitled to notice under this section, with the	75680
exception of the respondent, may waive the notice.	75681

A copy of the affidavit and temporary order of detention	75682
shall be served with the notice to the parties and to respondent's	75683
counsel, if counsel has been appointed or retained.	75684

Sec. 5122.13. Upon receipt of the affidavit required by	75685
section 5122.11 of the Revised Code, the court shall refer the	75686
affidavit to the board of alcohol, drug addiction, and mental	75687
health services or ~~an agency~~services provider the board	75688
designates to assist the court in determining whether the	75689
respondent is subject to hospitalization and whether alternative	75690
services are available, unless the ~~agency~~services provider or	75691
board has already performed such screening. The board or ~~agency~~	75692
services provider shall review the allegations of the affidavit	75693
and other information relating to whether or not the person named	75694
in the affidavit or statement is a mentally ill person subject to	75695
hospitalization by court order, and the availability of	75696
appropriate treatment alternatives.	75697

The person who conducts the investigation shall promptly make	75698
a report to the court, in writing, in open court or in chambers,	75699
as directed by the court and a full record of the report shall be	75700
made by the court. The report is not admissible as evidence for	75701
the purpose of establishing whether or not the respondent is a	75702
mentally ill person subject to hospitalization by court order, but	75703
shall be considered by the court in its determination of an	75704
appropriate placement for any person after that person is found to	75705
be a mentally ill person subject to hospitalization.	75706

The court, prior to the hearing under section 5122.141 of the	75707
Revised Code, shall release a copy of the investigative report to	75708
the respondent's counsel.	75709

Nothing in this section precludes a judge or referee from	75710
issuing a temporary order of detention pursuant to section 5122.11	75711
of the Revised Code.	75712

Sec. 5122.15. (A) Full hearings shall be conducted in a	75713
manner consistent with this chapter and with due process of law.	75714
The hearings shall be conducted by a judge of the probate court or	75715
a referee designated by a judge of the probate court and may be	75716
conducted in or out of the county in which the respondent is held.	75717
Any referee designated under this division shall be an attorney.	75718

(1) With the consent of the respondent, the following shall	75719
be made available to counsel for the respondent:	75720

(a) All relevant documents, information, and evidence in the	75721
custody or control of the state or prosecutor;	75722

(b) All relevant documents, information, and evidence in the	75723
custody or control of the hospital in which the respondent	75724
currently is held, or in which the respondent has been held	75725
pursuant to this chapter;	75726

(c) All relevant documents, information, and evidence in the	75727
custody or control of any hospital, facility, or person not	75728
included in division (A)(1)(a) or (b) of this section.	75729

(2) The respondent has the right to attend the hearing and to	75730
be represented by counsel of the respondent's choice. The right to	75731
attend the hearing may be waived only by the respondent or counsel	75732
for the respondent after consultation with the respondent.	75733

(3) If the respondent is not represented by counsel, is	75734
absent from the hearing, and has not validly waived the right to	75735
counsel, the court shall appoint counsel immediately to represent	75736
the respondent at the hearing, reserving the right to tax costs of	75737
appointed counsel to the respondent, unless it is shown that the	75738
respondent is indigent. If the court appoints counsel, or if the	75739
court determines that the evidence relevant to the respondent's	75740
absence does not justify the absence, the court shall continue the	75741
case.	75742

(4) The respondent shall be informed that the respondent may	75743
retain counsel and have independent expert evaluation. If the	75744
respondent is unable to obtain an attorney, the respondent shall	75745
be represented by court-appointed counsel. If the respondent is	75746
indigent, court-appointed counsel and independent expert	75747
evaluation shall be provided as an expense under section 5122.43	75748
of the Revised Code.	75749

(5) The hearing shall be closed to the public, unless counsel	75750
for the respondent, with the permission of the respondent,	75751
requests that the hearing be open to the public.	75752

(6) If the hearing is closed to the public, the court, for	75753
good cause shown, may admit persons who have a legitimate interest	75754
in the proceedings. If the respondent, the respondent's counsel,	75755
or the designee of the director or of the chief clinical officer	75756
objects to the admission of any person, the court shall hear the	75757
objection and any opposing argument and shall rule upon the	75758
admission of the person to the hearing.	75759

(7) The affiant under section 5122.11 of the Revised Code	75760
shall be subject to subpoena by either party.	75761

(8) The court shall examine the sufficiency of all documents	75762
filed and shall inform the respondent, if present, and the	75763
respondent's counsel of the nature and content of the documents	75764
and the reason for which the respondent is being detained, or for	75765
which the respondent's placement is being sought.	75766

(9) The court shall receive only reliable, competent, and	75767
material evidence.	75768

(10) Unless proceedings are initiated pursuant to section	75769
5120.17 or 5139.08 of the Revised Code ~~or proceedings are~~	75770
~~initiated regarding a resident of the service district of a board~~	75771
~~of alcohol, drug addiction, and mental health services that elects~~	75772
~~under division (C)(2) of section 5119.62 of the Revised Code not~~	75773
~~to accept the amount allocated to it under that section~~, an	75774
attorney that the board designates shall present the case	75775
demonstrating that the respondent is a mentally ill person subject	75776
to hospitalization by court order. The attorney shall offer	75777
evidence of the diagnosis, prognosis, record of treatment, if any,	75778
and less restrictive treatment plans, if any. In proceedings	75779
pursuant to section 5120.17 or 5139.08 of the Revised Code ~~and in~~	75780
~~proceedings in which the respondent is a resident of a service~~	75781
~~district of a board that elects under division (C)(2) of section~~	75782
~~5119.62 of the Revised Code not to accept the amount allocated to~~	75783
~~it under that section~~, the attorney general shall designate an	75784
attorney who shall present the case demonstrating that the	75785
respondent is a mentally ill person subject to hospitalization by	75786
court order. The attorney shall offer evidence of the diagnosis,	75787
prognosis, record of treatment, if any, and less restrictive	75788
treatment plans, if any.	75789

(11) The respondent or the respondent's counsel has the right	75790
to subpoena witnesses and documents and to examine and	75791
cross-examine witnesses.	75792

(12) The respondent has the right, but shall not be	75793
compelled, to testify, and shall be so advised by the court.	75794

(13) On motion of the respondent or the respondent's counsel	75795
for good cause shown, or on the court's own motion, the court may	75796
order a continuance of the hearing.	75797

(14) If the respondent is represented by counsel and the	75798
respondent's counsel requests a transcript and record, or if the	75799
respondent is not represented by counsel, the court shall make and	75800
maintain a full transcript and record of the proceeding. If the	75801
respondent is indigent and the transcript and record is made, a	75802
copy shall be provided to the respondent upon request and be	75803
treated as an expense under section 5122.43 of the Revised Code.	75804

(15) To the extent not inconsistent with this chapter, the	75805
Rules of Civil Procedure are applicable.	75806

(B) Unless, upon completion of the hearing the court finds by	75807
clear and convincing evidence that the respondent is a mentally	75808
ill person subject to hospitalization by court order, it shall	75809
order the respondent's discharge immediately.	75810

(C) If, upon completion of the hearing, the court finds by	75811
clear and convincing evidence that the respondent is a mentally	75812
ill person subject to hospitalization by court order, the court	75813
shall order the respondent for a period not to exceed ninety days	75814
to any of the following:	75815

(1) A hospital operated by the department of ~~mental health~~	75816
mental health and addiction services if the respondent is	75817
committed pursuant to section 5139.08 of the Revised Code;	75818

(2) A nonpublic hospital;

75819

(3) The veterans' administration or other agency of the	75820
United States government;	75821

(4) A board of alcohol, drug addiction, and mental health	75822
services or ~~agency~~services provider the board designates;	75823

(5) Receive private psychiatric or psychological care and	75824
treatment;	75825

(6) Any other suitable facility or person consistent with the	75826
diagnosis, prognosis, and treatment needs of the respondent.	75827

(D) Any order made pursuant to division (C)(2), (3), (5), or	75828
(6) of this section shall be conditioned upon the receipt by the	75829
court of consent by the hospital, facility, ~~agency~~services	75830
provider, or person to accept the respondent.	75831

(E) In determining the place to which, or the person with	75832
whom, the respondent is to be committed, the court shall consider	75833
the diagnosis, prognosis, preferences of the respondent and the	75834
projected treatment plan for the respondent and shall order the	75835
implementation of the least restrictive alternative available and	75836
consistent with treatment goals. If the court determines that the	75837
least restrictive alternative available that is consistent with	75838
treatment goals is inpatient hospitalization, the court's order	75839
shall so state.	75840

(F) During such ninety-day period the hospital; facility;	75841
board of alcohol, drug addiction, and mental health services;	75842
~~agency~~services provider the board designates; or person shall	75843
examine and treat the individual. If, at any time prior to the	75844
expiration of the ninety-day period, it is determined by the	75845
hospital, facility, board, ~~agency~~services provider, or person	75846
that the respondent's treatment needs could be equally well met in	75847
an available and appropriate less restrictive environment, both of	75848
the following apply:	75849

(1) The respondent shall be released from the care of the	75850
hospital, ~~agency~~services provider, facility, or person	75851
immediately and shall be referred to the court together with a	75852
report of the findings and recommendations of the hospital, ~~agency~~	75853
services provider, facility, or person; and	75854

(2) The hospital, ~~agency~~services provider, facility, or	75855
person shall notify the respondent's counsel or the attorney	75856
designated by a board of alcohol, drug addiction, and mental	75857
health services or, if the respondent was committed to a board or	75858
~~an agency~~a services provider designated by the board, it shall	75859
place the respondent in the least restrictive environment	75860
available consistent with treatment goals and notify the court and	75861
the respondent's counsel of the placement.	75862

The court shall dismiss the case or order placement in the	75863
least restrictive environment.	75864

(G)(1) Except as provided in divisions (G)(2) and (3) of this	75865
section, any person who has been committed under this section, or	75866
for whom proceedings for hospitalization have been commenced	75867
pursuant to section 5122.11 of the Revised Code, may apply at any	75868
time for voluntary admission to the hospital, facility, ~~agency~~or	75869
services provider that the board designates, or person to which	75870
the person was committed. Upon admission as a voluntary patient	75871
the chief clinical officer of the hospital, ~~agency~~services	75872
provider, or other facility, or the person immediately shall	75873
notify the court, the patient's counsel, and the attorney	75874
designated by the board, if the attorney has entered the	75875
proceedings, in writing of that fact, and, upon receipt of the	75876
notice, the court shall dismiss the case.	75877

(2) A person who is found incompetent to stand trial or not	75878
guilty by reason of insanity and who is committed pursuant to	75879
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	75880
Code shall not voluntarily commit the person pursuant to this	75881
section until after the final termination of the commitment, as	75882
described in division (J) of section 2945.401 of the Revised Code.	75883

(H) If, at the end of the first ninety-day period or any	75884
subsequent period of continued commitment, there has been no	75885
disposition of the case, either by discharge or voluntary	75886
admission, the hospital, facility, board, ~~agency~~services	75887
provider, or person shall discharge the patient immediately,	75888
unless at least ten days before the expiration of the period the	75889
attorney the board designates or the prosecutor files with the	75890
court an application for continued commitment. The application of	75891
the attorney or the prosecutor shall include a written report	75892
containing the diagnosis, prognosis, past treatment, a list of	75893
alternative treatment settings and plans, and identification of	75894
the treatment setting that is the least restrictive consistent	75895
with treatment needs. The attorney the board designates or the	75896
prosecutor shall file the written report at least three days prior	75897
to the full hearing. A copy of the application and written report	75898
shall be provided to the respondent's counsel immediately.	75899

The court shall hold a full hearing on applications for	75900
continued commitment at the expiration of the first ninety-day	75901
period and at least every two years after the expiration of the	75902
first ninety-day period.	75903

Hearings following any application for continued commitment	75904
are mandatory and may not be waived.	75905

Upon request of a person who is involuntarily committed under	75906
this section, or the person's counsel, that is made more than one	75907
hundred eighty days after the person's last full hearing,	75908
mandatory or requested, the court shall hold a full hearing on the	75909
person's continued commitment. Upon the application of a person	75910
involuntarily committed under this section, supported by an	75911
affidavit of a psychiatrist or licensed clinical psychologist,	75912
alleging that the person no longer is a mentally ill person	75913
subject to hospitalization by court order, the court for good	75914
cause shown may hold a full hearing on the person's continued	75915
commitment prior to the expiration of one hundred eighty days	75916
after the person's last full hearing. Section 5122.12 of the	75917
Revised Code applies to all hearings on continued commitment.	75918

If the court, after a hearing for continued commitment finds	75919
by clear and convincing evidence that the respondent is a mentally	75920
ill person subject to hospitalization by court order, the court	75921
may order continued commitment at places specified in division (C)	75922
of this section.	75923

(I) Unless the admission is pursuant to section 5120.17 or	75924
5139.08 of the Revised Code, the chief clinical officer of the	75925
hospital or ~~agency~~services provider admitting a respondent	75926
pursuant to a judicial proceeding, within ten working days of the	75927
admission, shall make a report of the admission to the board of	75928
alcohol, drug addiction, and mental health services serving the	75929
respondent's county of residence.	75930

(J) A referee appointed by the court may make all orders that	75931
a judge may make under this section and sections 5122.11 and	75932
5122.141 of the Revised Code, except an order of contempt of	75933
court. The orders of a referee take effect immediately. Within	75934
fourteen days of the making of an order by a referee, a party may	75935
file written objections to the order with the court. The filed	75936
objections shall be considered a motion, shall be specific, and	75937
shall state their grounds with particularity. Within ten days of	75938
the filing of the objections, a judge of the court shall hold a	75939
hearing on the objections and may hear and consider any testimony	75940
or other evidence relating to the respondent's mental condition.	75941
At the conclusion of the hearing, the judge may ratify, rescind,	75942
or modify the referee's order.	75943

(K) An order of the court under division (C), (H), or (J) of	75944
this section is a final order.	75945

(L) Before a board, or ~~an agency~~a services provider the	75946
board designates, may place an unconsenting respondent in an	75947
inpatient setting from a less restrictive placement, the board or	75948
~~agency~~services provider shall do all of the following:	75949

(1) Determine that the respondent is in immediate need of	75950
treatment in an inpatient setting because the respondent	75951
represents a substantial risk of physical harm to the respondent	75952
or others if allowed to remain in a less restrictive setting;	75953

(2) On the day of placement in the inpatient setting or on	75954
the next court day, file with the court a motion for transfer to	75955
an inpatient setting or communicate to the court by telephone that	75956
the required motion has been mailed;	75957

(3) Ensure that every reasonable and appropriate effort is	75958
made to take the respondent to the inpatient setting in the least	75959
conspicuous manner possible;	75960

(4) Immediately notify the board's designated attorney and	75961
the respondent's attorney.	75962

At the respondent's request, the court shall hold a hearing	75963
on the motion and make a determination pursuant to division (E) of	75964
this section within five days of the placement.	75965

(M) Before a board, or an ~~agency~~services provider the board	75966
designates, may move a respondent from one residential placement	75967
to another, the board or ~~agency~~services provider shall consult	75968
with the respondent about the placement. If the respondent objects	75969
to the placement, the proposed placement and the need for it shall	75970
be reviewed by a qualified mental health professional who	75971
otherwise is not involved in the treatment of the respondent.	75972

Sec. 5122.17. Pending ~~his~~ removal to a hospital, a person	75973
taken into custody or ordered to be hospitalized pursuant to this	75974
chapter may be detained for not more than forty-eight hours in a	75975
licensed rest or nursing home, a licensed or unlicensed hospital,	75976
a community mental health ~~agency~~services provider, or a county	75977
home, but hethe person shall not be detained in a nonmedical	75978
facility used for detention of persons charged with or convicted	75979
of penal offenses unless the court finds that a less restrictive	75980
alternative cannot be made available.	75981

Sec. 5122.18. Whenever a person has been involuntarily	75982
detained at or admitted to a hospital, community mental health	75983
~~agency~~services provider, or other facility at the request of	75984
anyone other than the person's legal guardian, spouse, or next of	75985
kin under this chapter, the chief clinical officer of the	75986
hospital, ~~agency~~services provider, or other facility in which the	75987
person is temporarily detained under section 5122.17 of the	75988
Revised Code shall immediately notify the person's legal guardian,	75989
spouse or next of kin, and counsel, if these persons can be	75990
ascertained through exercise of reasonable diligence. If a person	75991
voluntarily remains at or is admitted to a hospital, ~~agency~~	75992
services provider, or other facility, such notification shall not	75993
be given without ~~his~~the person's consent. The chief clinical	75994
officer of the hospital, ~~agency~~services provider, or other	75995
facility shall inform a person voluntarily remaining at or	75996
admitted to a hospital, ~~agency~~services provider, or other	75997
facility that hethe person may authorize such notification.	75998

Sec. 5122.19. Every person transported to a hospital or	75999
community mental health ~~agency~~services provider pursuant to	76000
sections 5122.11 to 5122.16 of the Revised Code, shall be examined	76001
by the staff of the hospital or ~~agency~~services provider as soon	76002
as practicable after ~~his~~ arrival at the hospital or ~~agency~~	76003
services provider. Such an examination shall be held within	76004
twenty-four hours after the time of arrival, and if the chief	76005
clinical officer fails after such an examination to certify that	76006
in ~~his~~the chief clinical officer's opinion the person is a	76007
mentally ill person subject to hospitalization by court order, the	76008
person shall be immediately released.	76009

Sec. 5122.20. The director of ~~mental health~~mental health	76010
and addiction services or the director's designee may transfer, or	76011
authorize the transfer of, an involuntary patient, or a consenting	76012
voluntary patient hospitalized pursuant to section 5122.02 or	76013
sections 5122.11 to 5122.15 of the Revised Code, from one public	76014
hospital to another, or to a hospital, community mental health	76015
~~agency~~services provider, or other facility offering treatment or	76016
other services for mental illness, if the medical director of the	76017
department of ~~mental health~~mental health and addiction services	76018
determines that it would be consistent with the medical needs of	76019
the patient to do so. If such a transfer is made to a private	76020
facility, the transfer shall be conditioned upon the consent of	76021
the facility.	76022

Before an involuntary patient may be transferred to a more	76023
restrictive setting, the chief clinical officer shall file a	76024
motion with the court requesting the court to amend its order of	76025
placement issued under section 5122.15 of the Revised Code. At the	76026
patient's request, the court shall hold a hearing on the motion at	76027
which the patient has the same rights as at a full hearing under	76028
section 5122.15 of the Revised Code. The hearing shall be held	76029
within ten days after the date on which the respondent was	76030
transferred to the more restrictive setting or on which the motion	76031
was filed, whichever is earlier. On the motion of the respondent,	76032
the respondent's counsel, or the chief clinical officer, or on its	76033
own motion, and for good cause shown, the court may order a	76034
continuance of the hearing for up to ten days.	76035

Whenever an involuntary patient is transferred, written	76036
notice of the transfer shall be given to the patient's legal	76037
guardian, parents, spouse, and counsel, or, if none is known, to	76038
the patient's nearest known relative or friend. If the patient is	76039
a minor, the department, before making such a transfer, shall make	76040
a minute of the order for the transfer and the reason for it upon	76041
its record and shall send a certified copy at least seven days	76042
prior to the transfer to the person shown by its record to have	76043
had the care or custody of the minor immediately prior to the	76044
minor's commitment. Whenever a consenting voluntary patient is	76045
transferred, the notification shall be given only at the patient's	76046
request. The chief clinical officer shall advise a voluntary	76047
patient who is being transferred that the patient may decide if	76048
the notification shall be given. In all such transfers, due	76049
consideration shall be given to the wishes of the patient, and the	76050
relationship of the patient to the patient's family, legal	76051
guardian, or friends, so as to maintain the relationship and	76052
encourage visits beneficial to the patient.	76053

When a voluntary patient whose medical or psychological needs	76054
are found by the chief clinical officer to warrant a transfer	76055
refuses to be transferred to an alternate facility, the chief	76056
clinical officer may file an affidavit for a hearing under section	76057
5122.11 of the Revised Code.	76058

Sec. 5122.21. (A) The chief clinical officer shall as	76059
frequently as practicable, and at least once every thirty days,	76060
examine or cause to be examined every patient, and, whenever the	76061
chief clinical officer determines that the conditions justifying	76062
involuntary hospitalization or commitment no longer obtain, shall	76063
discharge the patient not under indictment or conviction for crime	76064
and immediately make a report of the discharge to the department	76065
of ~~mental health~~mental health and addiction services. The chief	76066
clinical officer may discharge a patient who is under an	76067
indictment, a sentence of imprisonment, a community control	76068
sanction, or a post-release control sanction or on parole ten days	76069
after written notice of intent to discharge the patient has been	76070
given by personal service or certified mail, return receipt	76071
requested, to the court having criminal jurisdiction over the	76072
patient. Except when the patient was found not guilty by reason of	76073
insanity and the defendant's commitment is pursuant to section	76074
2945.40 of the Revised Code, the chief clinical officer has final	76075
authority to discharge a patient who is under an indictment, a	76076
sentence of imprisonment, a community control sanction, or a	76077
post-release control sanction or on parole.	76078

(B) After a finding pursuant to section 5122.15 of the	76079
Revised Code that a person is a mentally ill person subject to	76080
hospitalization by court order, the chief clinical officer of the	76081
hospital or ~~agency~~services provider to which the person is	76082
ordered or to which the person is transferred under section	76083
5122.20 of the Revised Code, may grant a discharge without the	76084
consent or authorization of any court.	76085

Upon discharge, the chief clinical officer shall notify the	76086
court that caused the judicial hospitalization of the discharge	76087
from the hospital.	76088

Sec. 5122.23. The chief clinical officer of a public	76089
hospital shall immediately report to the department of ~~mental~~	76090
~~health~~mental health and addiction services and the board of	76091
alcohol, drug addiction, and mental health services serving the	76092
patient's county of residence the removal, death, escape,	76093
discharge, or trial visit of any patient hospitalized under	76094
section 5122.15 of the Revised Code, or the return of such an	76095
escaped or visiting patient to the department, the probate judge	76096
of the county from which such patient was hospitalized, and the	76097
probate judge of the county of residence of such patient. In case	76098
of death, the chief clinical officer also shall notify one or more	76099
of the nearest relatives of the deceased patient, if known to ~~him~~	76100
the chief clinical officer, by letter, telegram, or telephone. If	76101
the place of residence of such relative is unknown to the chief	76102
clinical officer, immediately upon receiving notification the	76103
probate judge shall in the speediest manner possible notify such	76104
relatives, if known to ~~him~~the probate judge.	76105

The chief clinical officer of a public hospital, upon the	76106
request of the probate judge of the county from which a patient	76107
was hospitalized or the probate judge of the county of residence	76108
of such a patient, shall make a report to the judge of the	76109
condition of any patient under the care, treatment, custody, or	76110
control of the chief clinical officer.	76111

Sec. 5122.25. Upon the request of a hospital, person, board,	76112
~~agency~~services provider, or facility who has custody of a patient	76113
hospitalized pursuant to section 5122.15 of the Revised Code, or	76114
on the order of the court, such patient may be called for a	76115
rehearing at such place within the county of ~~his~~the patient's	76116
residence or the county where such patient is hospitalized as the	76117
court designates. The hearing shall be conducted pursuant to	76118
section 5122.15 of the Revised Code.	76119

Sec. 5122.26. (A) If a patient is absent without leave, on a	76120
verbal or written order issued within five days of the time of the	76121
unauthorized absence by the department of ~~mental health~~mental	76122
health and addiction services, the chief clinical officer of the	76123
hospital from which the patient is absent without leave, or the	76124
court of either the county from which the patient was committed or	76125
in which the patient is found, any health or police officer or	76126
sheriff may take the patient into custody and transport the	76127
patient to the hospital in which the patient was hospitalized or	76128
to a place that is designated in the order. The officer	76129
immediately shall report such fact to the ~~agency~~entity that	76130
issued the order.	76131

The chief clinical officer of a hospital may discharge a	76132
patient who is under an indictment, a sentence of imprisonment, a	76133
community control sanction, or a post-release control sanction or	76134
on parole and who has been absent without leave for more than	76135
thirty days but shall give written notice of the discharge to the	76136
court with criminal jurisdiction over the patient. The chief	76137
clinical officer of a hospital may discharge any other patient who	76138
has been absent without leave for more than fourteen days.	76139

The chief clinical officer shall take all proper measures for	76140
the apprehension of an escaped patient. The expense of the return	76141
of an escaped patient shall be borne by the hospital where the	76142
patient is hospitalized.	76143

(B)(1) Subject to division (B)(2) of this section, no patient	76144
hospitalized under Chapter 5122. of the Revised Code whose absence	76145
without leave was caused or contributed to by the patient's mental	76146
illness shall be subject to a charge of escape.	76147

(2) Division (B)(1) of this section does not apply to any	76148
person who was hospitalized, institutionalized, or confined in a	76149
facility under an order made pursuant to or under authority of	76150
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	76151
2945.402 of the Revised Code and who escapes from the facility,	76152
from confinement in a vehicle for transportation to or from the	76153
facility, or from supervision by an employee of the facility that	76154
is incidental to hospitalization, institutionalization, or	76155
confinement in the facility and that occurs outside the facility,	76156
in violation of section 2921.34 of the Revised Code.	76157

Sec. 5122.27. The chief clinical officer of the hospital or	76158
the chief clinical officer's designee shall assure that all	76159
patients hospitalized or committed pursuant to this chapter shall:	76160

(A) Receive, within twenty days of their admission sufficient	76161
professional care to assure that an evaluation of current status,	76162
differential diagnosis, probable prognosis, and description of the	76163
current treatment plan is stated on the official chart;	76164

(B) Have a written treatment plan consistent with the	76165
evaluation, diagnosis, prognosis, and goals which shall be	76166
provided, upon request of the patient or patient's counsel, to the	76167
patient's counsel and to any private physician or licensed	76168
clinical psychologist designated by the patient or the patient's	76169
counsel or to the Ohio protection and advocacy system;	76170

(C) Receive treatment consistent with the treatment plan. The	76171
department of ~~mental health~~mental health and addiction services	76172
shall set standards for treatment provided to such patients,	76173
consistent wherever possible with standards set by the joint	76174
commission ~~on accreditation of healthcare organizations~~.	76175

(D) Receive periodic reevaluations of the treatment plan by	76176
the professional staff at intervals not to exceed ninety days;	76177

(E) Be provided with adequate medical treatment for physical	76178
disease or injury;	76179

(F) Receive humane care and treatment, including without	76180
limitation, the following:	76181

(1) The least restrictive environment consistent with the	76182
treatment plan;	76183

(2) The necessary facilities and personnel required by the	76184
treatment plan;	76185

(3) A humane psychological and physical environment;

76186

(4) The right to obtain current information concerning the	76187
patient's treatment program and expectations in terms that the	76188
patient can reasonably understand;	76189

(5) Participation in programs designed to afford the patient	76190
substantial opportunity to acquire skills to facilitate return to	76191
the community or to terminate an involuntary commitment;	76192

(6) The right to be free from unnecessary or excessive	76193
medication;	76194

(7) Freedom from restraints or isolation unless it is stated	76195
in a written order by the chief clinical officer or the chief	76196
clinical officer's designee, or the patient's individual physician	76197
or psychologist in a private or general hospital.	76198

If the chief clinical officer of the hospital is unable to	76199
provide the treatment required by divisions (C), (E), and (F) of	76200
this section for any patient hospitalized pursuant to Chapter	76201
5122. of the Revised Code, the chief clinical officer shall	76202
immediately notify the patient, the court, the Ohio protection and	76203
advocacy system, the director of ~~mental health~~mental health and	76204
addiction services, and the patient's counsel and legal guardian,	76205
if known. If within ten days after receipt of such notification by	76206
the director, the director is unable to effect a transfer of the	76207
patient, pursuant to section 5122.20 of the Revised Code, to a	76208
hospital, community mental health ~~agency~~services provider, or	76209
other medical facility where treatment is available, or has not	76210
received an order of the court to the contrary, the involuntary	76211
commitment of any patient hospitalized pursuant to Chapter 5122.	76212
of the Revised Code and defined as a mentally ill person subject	76213
to hospitalization by court order under division (B)(4) of section	76214
5122.01 of the Revised Code shall automatically be terminated.	76215

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	76216
and (E) of this section, the chief clinical officer or, in a	76217
nonpublic hospital, the attending physician responsible for a	76218
patient's care shall provide all information, including expected	76219
physical and medical consequences, necessary to enable any patient	76220
of a hospital for the mentally ill to give a fully informed,	76221
intelligent, and knowing consent, the opportunity to consult with	76222
independent specialists and counsel, and the right to refuse	76223
consent for any of the following:	76224

(1) Surgery;

76225

(2) Convulsive therapy;

76226

(3) Major aversive interventions;

76227

(4) Sterilizations;

76228

(5) Any unusually hazardous treatment procedures;

76229

(6) Psycho-surgery.

76230

(B) No patient shall be subjected to any of the procedures	76231
listed in divisions (A)(4) to (6) of this section until both the	76232
patient's informed, intelligent, and knowing consent and the	76233
approval of the court have been obtained, except that court	76234
approval is not required for a legally competent and voluntary	76235
patient in a nonpublic hospital.	76236

(C) If, after providing the information required under	76237
division (A) of this section to the patient, the chief clinical	76238
officer or attending physician concludes that a patient is	76239
physically or mentally unable to receive the information required	76240
for surgery under division (A)(1) of this section, or has been	76241
adjudicated incompetent, the information may be provided to the	76242
patient's natural or court-appointed guardian, who may give an	76243
informed, intelligent, and knowing written consent.	76244

If a patient is physically or mentally unable to receive the	76245
information required for surgery under division (A)(1) of this	76246
section and has no guardian, the information, the recommendation	76247
of the chief clinical officer, and the concurring judgment of a	76248
licensed physician who is not a full-time employee of the state	76249
may be provided to the court in the county in which the hospital	76250
is located, which may approve the surgery. Before approving the	76251
surgery, the court shall notify the Ohio protection and advocacy	76252
system created by section 5123.60 of the Revised Code, and shall	76253
notify the patient of the rights to consult with counsel, to have	76254
counsel appointed by the court if the patient is indigent, and to	76255
contest the recommendation of the chief clinical officer.	76256

(D) If, in a medical emergency, and after providing the	76257
information required under division (A) of this section to the	76258
patient, it is the judgment of one licensed physician that delay	76259
in obtaining surgery would create a grave danger to the health of	76260
the patient, it may be administered without the consent of the	76261
patient or the patient's guardian if the necessary information is	76262
provided to the patient's spouse or next of kin to enable that	76263
person to give informed, intelligent, and knowing written consent.	76264
If no spouse or next of kin can reasonably be contacted, or if the	76265
spouse or next of kin is contacted, but refuses to consent, the	76266
surgery may be performed upon the written authorization of the	76267
chief clinical officer or, in a nonpublic hospital, upon the	76268
written authorization of the attending physician responsible for	76269
the patient's care, and after the approval of the court has been	76270
obtained. However, if delay in obtaining court approval would	76271
create a grave danger to the life of the patient, the chief	76272
clinical officer or, in a nonpublic hospital, the attending	76273
physician responsible for the patient's care may authorize	76274
surgery, in writing, without court approval. If the surgery is	76275
authorized without court approval, the chief clinical officer or	76276
the attending physician who made the authorization and the	76277
physician who performed the surgery shall each execute an	76278
affidavit describing the circumstances constituting the emergency	76279
and warranting the surgery and the circumstances warranting their	76280
not obtaining prior court approval. The affidavit shall be filed	76281
with the court with which the request for prior approval would	76282
have been filed within five court days after the surgery, and a	76283
copy of the affidavit shall be placed in the patient's file and be	76284
given to the guardian, spouse, or next of kin of the patient, to	76285
the hospital at which the surgery was performed, and to the Ohio	76286
protection and advocacy system as defined in section 5123.60 of	76287
the Revised Code.	76288

(E) Major aversive interventions shall not be used unless a	76289
patient continues to engage in behavior destructive to self or	76290
others after other forms of therapy have been attempted. Major	76291
aversive interventions may be applied if approved by the director	76292
of ~~mental health~~mental health and addiction services. Major	76293
aversive interventions shall not be applied to a voluntary patient	76294
without the informed, intelligent, and knowing written consent of	76295
the patient or the patient's guardian.	76296

(F) Unless there is substantial risk of physical harm to self	76297
or others, or other than under division (D) of this section, this	76298
chapter does not authorize any form of compulsory medical,	76299
psychological, or psychiatric treatment of any patient who is	76300
being treated by spiritual means through prayer alone in	76301
accordance with a recognized religious method of healing without	76302
specific court authorization.	76303

(G) For purposes of this section, "convulsive therapy" does	76304
not include defibrillation.	76305

Sec. 5122.31. (A) All certificates, applications, records,	76306
and reports made for the purpose of this chapter and sections	76307
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	76308
Code, other than court journal entries or court docket entries,	76309
and directly or indirectly identifying a patient or former patient	76310
or person whose hospitalization has been sought under this	76311
chapter, shall be kept confidential and shall not be disclosed by	76312
any person except:	76313

(1) If the person identified, or the person's legal guardian,	76314
if any, or if the person is a minor, the person's parent or legal	76315
guardian, consents, and if the disclosure is in the best interests	76316
of the person, as may be determined by the court for judicial	76317
records and by the chief clinical officer for medical records;	76318

(2) When disclosure is provided for in this chapter, Chapters	76319
340. or 5119., Title XLVII, or section 5123.601 of the Revised	76320
Code;	76321

(3) That hospitals, boards of alcohol, drug addiction, and	76322
mental health services, and community mental health ~~agencies~~	76323
services providers may release necessary medical information to	76324
insurers and other third-party payers, including government	76325
entities responsible for processing and authorizing payment, to	76326
obtain payment for goods and services furnished to the patient;	76327

(4) Pursuant to a court order signed by a judge;

76328

(5) That a patient shall be granted access to the patient's	76329
own psychiatric and medical records, unless access specifically is	76330
restricted in a patient's treatment plan for clear treatment	76331
reasons;	76332

(6) That hospitals and other institutions and facilities	76333
within the department of ~~mental health~~mental health and addiction	76334
services may exchange psychiatric records and other pertinent	76335
information with other hospitals, institutions, and facilities of	76336
the department, and with community mental health ~~agencies~~services	76337
providers and boards of alcohol, drug addiction, and mental health	76338
services with which the department has a current agreement for	76339
patient care or services. Records and information that may be	76340
released pursuant to this division shall be limited to medication	76341
history, physical health status and history, financial status,	76342
summary of course of treatment in the hospital, summary of	76343
treatment needs, and a discharge summary, if any.	76344

(7) That hospitals within the department,and other	76345
institutions and facilities within the department~~, hospitals~~	76346
~~licensed by the department under section 5119.20 of the Revised~~	76347
~~Code, and community mental health agencies~~ may exchange	76348
psychiatric records and other pertinent information with payers	76349
and other providers of treatment and health services if the	76350
purpose of the exchange is to facilitate continuity of care for a	76351
patient or for the emergency treatment of an individual;	76352

(8) That a patient's family member who is involved in the	76353
provision, planning, and monitoring of services to the patient may	76354
receive medication information, a summary of the patient's	76355
diagnosis and prognosis, and a list of the services and personnel	76356
available to assist the patient and the patient's family, if the	76357
patient's treating physician determines that the disclosure would	76358
be in the best interests of the patient. No such disclosure shall	76359
be made unless the patient is notified first and receives the	76360
information and does not object to the disclosure.	76361

(9) That community mental health ~~agencies~~services providers	76362
may exchange psychiatric records and certain other information	76363
with the board of alcohol, drug addiction, and mental health	76364
services and other ~~agencies~~services providers in order to	76365
provide services to a person involuntarily committed to a board.	76366
Release of records under this division shall be limited to	76367
medication history, physical health status and history, financial	76368
status, summary of course of treatment, summary of treatment	76369
needs, and discharge summary, if any.	76370

(10) That information may be disclosed to the executor or the	76371
administrator of an estate of a deceased patient when the	76372
information is necessary to administer the estate;	76373

(11) That records in the possession of the Ohio historical	76374
society may be released to the closest living relative of a	76375
deceased patient upon request of that relative;	76376

(12) ~~That information may be disclosed to staff members of~~	76377
~~the appropriate board or to staff members designated by the~~	76378
~~director of mental health for the purpose of evaluating the~~	76379
~~quality, effectiveness, and efficiency of services and determining~~	76380
~~if the services meet minimum standards. Information obtained~~	76381
~~during such evaluations shall not be retained with the name of any~~	76382
~~patient.~~	76383

~~(13)~~ That records pertaining to the patient's diagnosis,	76384
course of treatment, treatment needs, and prognosis shall be	76385
disclosed and released to the appropriate prosecuting attorney if	76386
the patient was committed pursuant to section 2945.38, 2945.39,	76387
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	76388
attorney designated by the board for proceedings pursuant to	76389
involuntary commitment under this chapter.	76390

~~(14)~~(13) That the department of ~~mental health~~mental health	76391
and addiction services may exchange psychiatric hospitalization	76392
records, other mental health treatment records, and other	76393
pertinent information with the department of rehabilitation and	76394
correction to ensure continuity of care for inmates who are	76395
receiving mental health services in an institution of the	76396
department of rehabilitation and correction and may exchange	76397
psychiatric hospitalization records, other mental health treatment	76398
records, and other pertinent information with boards of alcohol,	76399
drug addiction, and mental health services and community mental	76400
health services providers to ensure continuity of care for inmates	76401
or offenders who are receiving mental health services in an	76402
institution and are scheduled for release within six months. The	76403
department shall not disclose those records unless the inmate is	76404
notified, receives the information, and does not object to the	76405
disclosure. The release of records under this division is limited	76406
to records regarding an inmate's medication history, physical	76407
health status and history, summary of course of treatment, summary	76408
of treatment needs, and a discharge summary, if any.	76409

~~(15) That a community mental health agency that ceases to~~	76410
~~operate may transfer to either a community mental health agency~~	76411
~~that assumes its caseload or to the board of alcohol, drug~~	76412
~~addiction, and mental health services of the service district in~~	76413
~~which the patient resided at the time services were most recently~~	76414
~~provided any treatment records that have not been transferred~~	76415
~~elsewhere at the patient's request.~~	76416

(B) Before records are disclosed pursuant to divisions	76417
(A)(3), (6), and (9) of this section, the custodian of the records	76418
shall attempt to obtain the patient's consent for the disclosure.	76419
No person shall reveal the contents of a medical record of a	76420
patient except as authorized by law.	76421

(C) The managing officer of a hospital who releases necessary	76422
medical information under division (A)(3) of this section to allow	76423
an insurance carrier or other third party payor to comply with	76424
section 5121.43 of the Revised Code shall neither be subject to	76425
criminal nor civil liability.	76426

Sec. 5122.311. (A) Notwithstanding any provision of the	76427
Revised Code to the contrary, if, on or after ~~the effective date~~	76428
~~of this section~~April 8, 2004, an individual is found by a court	76429
to be a mentally ill person subject to hospitalization by court	76430
order or becomes an involuntary patient other than one who is a	76431
patient only for purposes of observation, the probate judge who	76432
made the adjudication or the chief clinical officer of the	76433
hospital, ~~agency~~services provider, or facility in which the	76434
person is an involuntary patient shall notify the bureau of	76435
criminal identification and investigation, on the form described	76436
in division (C) of this section, of the identity of the	76437
individual. The notification shall be transmitted by the judge or	76438
the chief clinical officer not later than seven days after the	76439
adjudication or commitment.	76440

(B) The bureau of criminal identification and investigation	76441
shall compile and maintain the notices it receives under division	76442
(A) of this section and shall use them for the purpose of	76443
conducting incompetency records checks pursuant to section 311.41	76444
of the Revised Code. The notices and the information they contain	76445
are confidential, except as provided in this division, and are not	76446
public records.	76447

(C) The attorney general, by rule adopted under Chapter 119.	76448
of the Revised Code, shall prescribe and make available to all	76449
probate judges and all chief clinical officers a form to be used	76450
by them for the purpose of making the notifications required by	76451
division (A) of this section.	76452

Sec. 5122.32. (A) As used in this section:

76453

(1) "Quality assurance committee" means a committee that is	76454
appointed in the central office of the department of ~~mental health~~	76455
mental health and addiction services by the director of ~~mental~~	76456
~~health~~mental health and addiction services, a committee of a	76457
hospital or community setting program, ~~a committee established~~	76458
~~pursuant to section 5119.47 of the Revised Code of the department~~	76459
~~of mental health appointed by the managing officer of the hospital~~	76460
~~or program,~~ or a duly authorized subcommittee of a committee of	76461
that nature and that is designated to carry out quality assurance	76462
program activities.	76463

(2) "Quality assurance program" means a comprehensive program	76464
within the department of ~~mental health~~mental health and addiction	76465
services to systematically review and improve the quality of	76466
medical and mental health services within the department and its	76467
hospitals and community setting programs, the safety and security	76468
of persons receiving medical and mental health services within the	76469
department and its hospitals and community setting programs, and	76470
the efficiency and effectiveness of the utilization of staff and	76471
resources in the delivery of medical and mental health services	76472
within the department and its hospitals and community setting	76473
programs. "Quality assurance program" includes the central office	76474
quality assurance committees, morbidity and mortality review	76475
committees, quality assurance programs of community setting	76476
programs, quality assurance committees of hospitals operated by	76477
the department of ~~mental health~~mental health and addiction	76478
services, and the office of licensure and certification of the	76479
department.	76480

(3) "Quality assurance program activities" include collecting	76481
or compiling information and reports required by a quality	76482
assurance committee, receiving, reviewing, or implementing the	76483
recommendations made by a quality assurance committee, and	76484
credentialing, privileging, infection control, tissue review, peer	76485
review, utilization review including access to patient care	76486
records, patient care assessment records, and medical and mental	76487
health records, medical and mental health resource management,	76488
mortality and morbidity review, and identification and prevention	76489
of medical or mental health incidents and risks, whether performed	76490
by a quality assurance committee or by persons who are directed by	76491
a quality assurance committee.	76492

(4) "Quality assurance records" means the proceedings,	76493
discussion, records, findings, recommendations, evaluations,	76494
opinions, minutes, reports, and other documents or actions that	76495
emanate from quality assurance committees, quality assurance	76496
programs, or quality assurance program activities. "Quality	76497
assurance records" does not include aggregate statistical	76498
information that does not disclose the identity of persons	76499
receiving or providing medical or mental health services in	76500
department of ~~mental health~~mental health and addiction services	76501
institutions or community setting programs.	76502

(B)(1) Except as provided in division (E) of this section,	76503
quality assurance records are confidential and are not public	76504
records under section 149.43 of the Revised Code, and shall be	76505
used only in the course of the proper functions of a quality	76506
assurance program.	76507

(2) Except as provided in division (E) of this section, no	76508
person who possesses or has access to quality assurance records	76509
and who knows that the records are quality assurance records shall	76510
willfully disclose the contents of the records to any person or	76511
entity.	76512

(C)(1) Except as provided in division (E) of this section, no	76513
quality assurance record shall be subject to discovery in, and is	76514
not admissible in evidence, in any judicial or administrative	76515
proceeding.	76516

(2) Except as provided in division (E) of this section, no	76517
member of a quality assurance committee or a person who is	76518
performing a function that is part of a quality assurance program	76519
shall be permitted or required to testify in a judicial or	76520
administrative proceeding with respect to quality assurance	76521
records or with respect to any finding, recommendation,	76522
evaluation, opinion, or other action taken by the committee,	76523
member, or person.	76524

(3) Information, documents, or records otherwise available	76525
from original sources are not to be construed as being unavailable	76526
for discovery or admission in evidence in a judicial or	76527
administrative proceeding merely because they were presented to a	76528
quality assurance committee. No person testifying before a quality	76529
assurance committee or person who is a member of a quality	76530
assurance committee shall be prevented from testifying as to	76531
matters within the person's knowledge, but the witness cannot be	76532
asked about the witness' testimony before the quality assurance	76533
committee or about an opinion formed by the person as a result of	76534
the quality assurance committee proceedings.	76535

(D)(1) A person who, without malice and in the reasonable	76536
belief that the information is warranted by the facts known to the	76537
person, provides information to a person engaged in quality	76538
assurance program activities is not liable for damages in a civil	76539
action for injury, death, or loss to person or property to any	76540
person as a result of providing the information.	76541

(2) A member of a quality assurance committee, a person	76542
engaged in quality assurance program activities, and an employee	76543
of the department of ~~mental health~~mental health and addiction	76544
services shall not be liable in damages in a civil action for	76545
injury, death, or loss to person or property to any person for any	76546
acts, omissions, decisions, or other conduct within the scope of	76547
the functions of the quality assurance program.	76548

(3) Nothing in this section shall relieve any institution or	76549
individual from liability arising from the treatment of a patient.	76550

(E) Quality assurance records may be disclosed, and testimony	76551
may be provided concerning quality assurance records, only to the	76552
following persons or entities:	76553

(1) Persons who are employed or retained by the department of	76554
~~mental health~~mental health and addiction services and who have	76555
authority to evaluate or implement the recommendations of a	76556
state-operated hospital, community setting program, or central	76557
office quality assurance committee;	76558

(2) Public or private agencies or organizations if needed to	76559
perform a licensing or accreditation function related to	76560
department of ~~mental health~~mental health and addiction services	76561
hospitals or community setting programs, or to perform monitoring	76562
of a hospital or program of that nature as required by law.	76563

(F) A disclosure of quality assurance records pursuant to	76564
division (E) of this section does not otherwise waive the	76565
confidential and privileged status of the disclosed quality	76566
assurance records.	76567

(G) Nothing in this section shall limit the access of the	76568
Ohio protection and advocacy system to records or personnel as	76569
required under section 5123.601 of the Revised Code. Nothing in	76570
this section shall limit the admissibility of documentary or	76571
testimonial evidence in an action brought by the Ohio protection	76572
and advocacy system in its own name or on behalf of a client.	76573

Sec. 5122.33. The department of ~~mental health~~mental health	76574
and addiction services may prescribe the form of applications,	76575
reports, records, and medical certificates provided for under this	76576
chapter, and the information required to be contained therein;	76577
require reports from the chief clinical officer of any public	76578
hospital relating to the admission, examination, diagnosis,	76579
release, or discharge of any patient; visit each such hospital	76580
regularly to review the admission procedures of all new patients	76581
admitted between visits; investigate by personal visit complaints	76582
made by any patient or by any person on behalf of a patient; and	76583
adopt such rules as are reasonably necessary to effectuate the	76584
provisions of this chapter.	76585

Sec. 5122.34. (A) Persons, including, but not limited to,	76586
boards of alcohol, drug addiction, and mental health services and	76587
community mental health ~~agencies~~services providers, acting in	76588
good faith, either upon actual knowledge or information thought by	76589
them to be reliable, who procedurally or physically assist in the	76590
hospitalization or discharge, determination of appropriate	76591
placement, or in judicial proceedings of a person under this	76592
chapter, do not come within any criminal provisions, and are free	76593
from any liability to the person hospitalized or to any other	76594
person.	76595

(B) Regardless of whether any affirmative action has been	76596
taken under this chapter with respect to a mental health client or	76597
patient and except as otherwise provided in section 2305.51 of the	76598
Revised Code, no person shall be liable for any harm that results	76599
to any other person as a result of failing to disclose any	76600
confidential information about the mental health client or	76601
patient, or failing to otherwise attempt to protect such other	76602
person from harm by such client or patient.	76603

(C) This section applies to expert witnesses who testify at	76604
hearings under this chapter.	76605

(D) The immunity from liability conferred by this section is	76606
in addition to and not in limitation of any immunity conferred by	76607
any other section of the Revised Code or by judicial precedent.	76608

Sec. 5122.341. (A) As used in this section:

76609

(1) "Facility or ~~agency~~services provider" means, in the	76610
context of a person committed to the department of ~~mental health~~	76611
mental health and addiction services under sections 2945.37 to	76612
2945.402 of the Revised Code, any entity in which the department	76613
of ~~mental health~~mental health and addiction services places such	76614
a person.	76615

(2) "Person committed to the department" means a person	76616
committed to the department of ~~mental health~~mental health and	76617
addiction services under sections 2945.37 to 2945.402 of the	76618
Revised Code.	76619

(B) No member of a board of directors, or employee, of a	76620
facility or ~~agency~~services provider in which the department of	76621
~~mental health~~mental health and addiction services places a person	76622
committed to the department is liable for injury or damages caused	76623
by any action or inaction taken within the scope of the board	76624
member's official duties or employee's employment relating to the	76625
commitment of, and services provided to, the person committed to	76626
the department, unless the action or inaction constitutes willful	76627
or wanton misconduct. A board member's or employee's action or	76628
inaction does not constitute willful or wanton misconduct if the	76629
board member or employee acted in good faith and reasonably under	76630
the circumstances and with the knowledge reasonably attributable	76631
to the board member or employee.	76632

The immunity from liability conferred by this section is in	76633
addition to and not in limitation of any immunity conferred by any	76634
other section of the Revised Code or by judicial precedent.	76635

Sec. 5122.39. (A) Mentally ill minors shall remain under the	76636
natural guardianship of their parents, notwithstanding	76637
hospitalization pursuant to this chapter, unless parental rights	76638
have been terminated pursuant to a court finding that the minor is	76639
neglected or dependent. Where a mentally ill minor is found to be	76640
dependent or neglected, the public children's services agency in	76641
the county of residence has final guardianship authority and	76642
responsibility.	76643

(B) In no case shall the guardianship of a mentally ill	76644
person be assigned to the chief medical officer or any staff	76645
member of a hospital, board, or ~~agency~~mental health services	76646
provider from which the person is receiving mental health	76647
services.	76648

Sec. 5122.43. (A) Costs, fees, and expenses of all	76649
proceedings held under this chapter shall be paid as follows:	76650

(1) To police and health officers, other than sheriffs or	76651
their deputies, the same fees allowed to constables, to be paid	76652
upon the approval of the probate judge;	76653

(2) To sheriffs or their deputies, the same fees allowed for	76654
similar services in the court of common pleas;	76655

(3) To physicians or licensed clinical psychologists acting	76656
as expert witnesses and to other expert witnesses designated by	76657
the court, an amount determined by the court;	76658

(4) To other witnesses, the same fees and mileage as for	76659
attendance at the court of common pleas, to be paid upon the	76660
approval of the probate judge;	76661

(5) To a person, other than the sheriff or the sheriff's	76662
deputies, for taking a mentally ill person to a hospital or	76663
removing a mentally ill person from a hospital, the actual	76664
necessary expenses incurred, specifically itemized, and approved	76665
by the probate judge;	76666

(6) To assistants who convey mentally ill persons to the	76667
hospital when authorized by the probate judge, a fee set by the	76668
probate court, provided the assistants are not drawing a salary	76669
from the state or any political subdivision of the state, and	76670
their actual necessary expenses incurred, provided that the	76671
expenses are specifically itemized and approved by the probate	76672
judge;	76673

(7) To an attorney appointed by the probate division for an	76674
indigent who allegedly is a mentally ill person pursuant to any	76675
section of this chapter, the fees that are determined by the	76676
probate division. When those indigent persons are before the	76677
court, all filing and recording fees shall be waived.	76678

(8) To a referee who is appointed to conduct proceedings	76679
under this chapter that involve a respondent whose domicile is or,	76680
before the respondent's hospitalization, was not the county in	76681
which the proceedings are held, compensation as fixed by the	76682
probate division, but not more than the compensation paid for	76683
similar proceedings for respondents whose domicile is in the	76684
county in which the proceedings are held;	76685

(9) To a court reporter appointed to make a transcript of	76686
proceedings under this chapter, the compensation and fees allowed	76687
in other cases under section 2101.08 of the Revised Code.	76688

(B) A county shall pay for the costs, fees, and expenses	76689
described in division (A) of this section with money appropriated	76690
pursuant to section 2101.11 of the Revised Code. A county may seek	76691
reimbursement from the department of ~~mental health~~mental health	76692
and addiction services by submitting a request and certification	76693
by the county auditor of the costs, fees, and expenses to the	76694
department within two months of the date the costs, fees, and	76695
expenses are incurred by the county.	76696

Each fiscal year, based on past allocations, historical	76697
utilization, and other factors the department considers	76698
appropriate, the department shall allocate for each county an	76699
amount for reimbursements under this section. The total of all the	76700
allocations shall equal the amount appropriated for the fiscal	76701
year to the department specifically for the purposes of this	76702
section.	76703

On receipt, the department shall review each request for	76704
reimbursement and prepare a voucher for the amount of the costs,	76705
fees, and expenses incurred by the county, provided that the total	76706
amount of money paid to all counties in each fiscal year shall not	76707
exceed the total amount of moneys specifically appropriated to the	76708
department for these purposes.	76709

The department's total reimbursement to each county shall be	76710
the lesser of the full amount requested or the amount allocated	76711
for the county under this division. In addition, the department	76712
shall distribute any surplus remaining from the money appropriated	76713
for the fiscal year to the department for the purposes of this	76714
section as follows to counties whose full requests exceed their	76715
allocations:	76716

(1) If the surplus is sufficient to reimburse such counties	76717
the full amount of their requests, each such county shall receive	76718
the full amount of its request;	76719

(2) If the surplus is insufficient, each such county shall	76720
receive a percentage of the surplus determined by dividing the	76721
difference between the county's full request and its allocation by	76722
the difference between the total of the full requests of all such	76723
counties and the total of the amounts allocated for all such	76724
counties.	76725

The department may adopt rules in accordance with Chapter	76726
119. of the Revised Code to implement the payment of costs, fees,	76727
and expenses under this section.	76728

Sec. 5122.44. As used in sections 5122.44 to 5122.47 of the	76729
Revised Code:	76730

(A) "Compilation" means a written list of the following	76731
information, as the department of ~~mental health~~mental health and	76732
addiction services is able to reasonably ascertain, for every	76733
patient who was buried, entombed, or inurned prior to ~~the~~	76734
~~effective date of this section~~March 31, 2005, in a cemetery	76735
located on the grounds of or adjacent to the grounds of a public	76736
hospital:	76737

(1) Name;

76738

(2) Date of birth;

76739

(3) Date of death or burial;

76740

(4) Specific physical location of the burial, entombment, or	76741
inurnment, including the plot or grave site number if available.	76742

(B) "Patient" means an individual who died while admitted to	76743
a public hospital that was under the control of the department of	76744
~~mental health~~mental health and addiction services.	76745

(C) "Record" has the same meaning as in section 149.011 of	76746
the Revised Code.	76747

(D) "State agency" means every organized body, office, or	76748
agency established by the laws of the state for the exercise of	76749
any function of state government.	76750

Sec. 5122.45. The department of ~~mental health~~mental health	76751
and addiction services shall create a separate compilation for	76752
each cemetery located on the grounds of or adjacent to the grounds	76753
of a public hospital that is under the control of the department	76754
on ~~the effective date of this section~~March 31, 2005. The	76755
compilation shall be created within a reasonable time not	76756
exceeding three years after ~~the effective date of this section~~	76757
March 31, 2005. The department shall use its best efforts to	76758
create the most complete compilations possible using records in	76759
the department's possession and records obtained in accordance	76760
with section 5122.46 of the Revised Code.	76761

Sec. 5122.46. The Ohio historical society and each state	76762
agency shall, at the request of the department of ~~mental health~~	76763
mental health and addiction services, provide the department	76764
access to records and information in the possession of the	76765
historical society or state agency for purposes of creating	76766
compilations.	76767

Sec. 5122.47. The department of ~~mental health~~mental health	76768
and addiction services shall deposit a copy of each compilation	76769
with the Ohio historical society and the state library as soon as	76770
a compilation is completed. The department shall not disclose any	76771
record or information used to create a compilation except as	76772
provided in sections 149.43 and 5122.31 of the Revised Code.	76773

Sec. 5123.01. As used in this chapter:

76774

(A) "Chief medical officer" means the licensed physician	76775
appointed by the managing officer of an institution for the	76776
mentally retarded with the approval of the director of	76777
developmental disabilities to provide medical treatment for	76778
residents of the institution.	76779

(B) "Chief program director" means a person with special	76780
training and experience in the diagnosis and management of the	76781
mentally retarded, certified according to division (C) of this	76782
section in at least one of the designated fields, and appointed by	76783
the managing officer of an institution for the mentally retarded	76784
with the approval of the director to provide habilitation and care	76785
for residents of the institution.	76786

(C) "Comprehensive evaluation" means a study, including a	76787
sequence of observations and examinations, of a person leading to	76788
conclusions and recommendations formulated jointly, with	76789
dissenting opinions if any, by a group of persons with special	76790
training and experience in the diagnosis and management of persons	76791
with mental retardation or a developmental disability, which group	76792
shall include individuals who are professionally qualified in the	76793
fields of medicine, psychology, and social work, together with	76794
such other specialists as the individual case may require.	76795

(D) "Education" means the process of formal training and	76796
instruction to facilitate the intellectual and emotional	76797
development of residents.	76798

(E) "Habilitation" means the process by which the staff of	76799
the institution assists the resident in acquiring and maintaining	76800
those life skills that enable the resident to cope more	76801
effectively with the demands of the resident's own person and of	76802
the resident's environment and in raising the level of the	76803
resident's physical, mental, social, and vocational efficiency.	76804
Habilitation includes but is not limited to programs of formal,	76805
structured education and training.	76806

(F) "Health officer" means any public health physician,	76807
public health nurse, or other person authorized or designated by a	76808
city or general health district.	76809

(G) "Home and community-based services" means medicaid-funded	76810
home and community-based services specified in division ~~(B)~~(A)(1)	76811
of section ~~5111.87~~5166.20 of the Revised Code provided under the	76812
medicaid waiver components the department of developmental	76813
disabilities administers pursuant to section ~~5111.871~~5166.21 of	76814
the Revised Code. Except as provided in section 5123.0412 of the	76815
Revised Code, home and community-based services provided under the	76816
medicaid waiver component known as the transitions developmental	76817
disabilities waiver are to be considered to be home and	76818
community-based services for the purposes of this chapter, and	76819
Chapters 5124. and 5126. of the Revised Code, only to the extent,	76820
if any, provided by the contract required by section ~~5111.871~~	76821
5166.21 of the Revised Code regarding the waiver.	76822

(H) "ICF/IID" has the same meaning as in section 5124.01 of	76823
the Revised Code.	76824

(I) "Indigent person" means a person who is unable, without	76825
substantial financial hardship, to provide for the payment of an	76826
attorney and for other necessary expenses of legal representation,	76827
including expert testimony.	76828

~~(I)~~(J) "Institution" means a public or private facility, or a	76829
part of a public or private facility, that is licensed by the	76830
appropriate state department and is equipped to provide	76831
residential habilitation, care, and treatment for the mentally	76832
retarded.	76833

~~(J)~~(K) "Licensed physician" means a person who holds a valid	76834
certificate issued under Chapter 4731. of the Revised Code	76835
authorizing the person to practice medicine and surgery or	76836
osteopathic medicine and surgery, or a medical officer of the	76837
government of the United States while in the performance of the	76838
officer's official duties.	76839

~~(K)~~(L) "Managing officer" means a person who is appointed by	76840
the director of developmental disabilities to be in executive	76841
control of an institution for the mentally retarded under the	76842
jurisdiction of the department.	76843

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	76844
~~the Revised Code.~~	76845

(M) "Medicaid case management services" means case management	76846
services provided to an individual with mental retardation or	76847
other developmental disability that the state medicaid plan	76848
requires.	76849

(N) "Mentally retarded person" means a person having	76850
significantly subaverage general intellectual functioning existing	76851
concurrently with deficiencies in adaptive behavior, manifested	76852
during the developmental period.	76853

(O) "Mentally retarded person subject to institutionalization	76854
by court order" means a person eighteen years of age or older who	76855
is at least moderately mentally retarded and in relation to whom,	76856
because of the person's retardation, either of the following	76857
conditions exist:	76858

(1) The person represents a very substantial risk of physical	76859
impairment or injury to self as manifested by evidence that the	76860
person is unable to provide for and is not providing for the	76861
person's most basic physical needs and that provision for those	76862
needs is not available in the community;	76863

(2) The person needs and is susceptible to significant	76864
habilitation in an institution.	76865

(P) "A person who is at least moderately mentally retarded"	76866
means a person who is found, following a comprehensive evaluation,	76867
to be impaired in adaptive behavior to a moderate degree and to be	76868
functioning at the moderate level of intellectual functioning in	76869
accordance with standard measurements as recorded in the most	76870
current revision of the manual of terminology and classification	76871
in mental retardation published by the American association on	76872
mental retardation.	76873

(Q) As used in this division, "substantial functional	76874
limitation," "developmental delay," and "established risk" have	76875
the meanings established pursuant to section 5123.011 of the	76876
Revised Code.	76877

"Developmental disability" means a severe, chronic disability	76878
that is characterized by all of the following:	76879

(1) It is attributable to a mental or physical impairment or	76880
a combination of mental and physical impairments, other than a	76881
mental or physical impairment solely caused by mental illness as	76882
defined in division (A) of section 5122.01 of the Revised Code.	76883

(2) It is manifested before age twenty-two.

76884

(3) It is likely to continue indefinitely.

76885

(4) It results in one of the following:

76886

(a) In the case of a person under three years of age, at	76887
least one developmental delay or an established risk;	76888

(b) In the case of a person at least three years of age but	76889
under six years of age, at least two developmental delays or an	76890
established risk;	76891

(c) In the case of a person six years of age or older, a	76892
substantial functional limitation in at least three of the	76893
following areas of major life activity, as appropriate for the	76894
person's age: self-care, receptive and expressive language,	76895
learning, mobility, self-direction, capacity for independent	76896
living, and, if the person is at least sixteen years of age,	76897
capacity for economic self-sufficiency.	76898

(5) It causes the person to need a combination and sequence	76899
of special, interdisciplinary, or other type of care, treatment,	76900
or provision of services for an extended period of time that is	76901
individually planned and coordinated for the person.	76902

(R) "Developmentally disabled person" means a person with a	76903
developmental disability.	76904

(S) "State institution" means an institution that is	76905
tax-supported and under the jurisdiction of the department.	76906

(T) "Residence" and "legal residence" have the same meaning	76907
as "legal settlement," which is acquired by residing in Ohio for a	76908
period of one year without receiving general assistance prior to	76909
July 17, 1995, under former Chapter 5113. of the Revised Code,	76910
financial assistance under Chapter 5115. of the Revised Code, or	76911
assistance from a private agency that maintains records of	76912
assistance given. A person having a legal settlement in the state	76913
shall be considered as having legal settlement in the assistance	76914
area in which the person resides. No adult person coming into this	76915
state and having a spouse or minor children residing in another	76916
state shall obtain a legal settlement in this state as long as the	76917
spouse or minor children are receiving public assistance, care, or	76918
support at the expense of the other state or its subdivisions. For	76919
the purpose of determining the legal settlement of a person who is	76920
living in a public or private institution or in a home subject to	76921
licensing by the department of job and family services, the	76922
department of ~~mental health~~mental health and addiction services,	76923
or the department of developmental disabilities, the residence of	76924
the person shall be considered as though the person were residing	76925
in the county in which the person was living prior to the person's	76926
entrance into the institution or home. Settlement once acquired	76927
shall continue until a person has been continuously absent from	76928
Ohio for a period of one year or has acquired a legal residence in	76929
another state. A woman who marries a man with legal settlement in	76930
any county immediately acquires the settlement of her husband. The	76931
legal settlement of a minor is that of the parents, surviving	76932
parent, sole parent, parent who is designated the residential	76933
parent and legal custodian by a court, other adult having	76934
permanent custody awarded by a court, or guardian of the person of	76935
the minor, provided that:	76936

(1) A minor female who marries shall be considered to have	76937
the legal settlement of her husband and, in the case of death of	76938
her husband or divorce, she shall not thereby lose her legal	76939
settlement obtained by the marriage.	76940

(2) A minor male who marries, establishes a home, and who has	76941
resided in this state for one year without receiving general	76942
assistance prior to July 17, 1995, under former Chapter 5113. of	76943
the Revised Code, financial assistance under Chapter 5115. of the	76944
Revised Code, or assistance from a private agency that maintains	76945
records of assistance given shall be considered to have obtained a	76946
legal settlement in this state.	76947

(3) The legal settlement of a child under eighteen years of	76948
age who is in the care or custody of a public or private child	76949
caring agency shall not change if the legal settlement of the	76950
parent changes until after the child has been in the home of the	76951
parent for a period of one year.	76952

No person, adult or minor, may establish a legal settlement	76953
in this state for the purpose of gaining admission to any state	76954
institution.	76955

(U)(1) "Resident" means, subject to division ~~(R)~~(U)(2) of	76956
this section, a person who is admitted either voluntarily or	76957
involuntarily to an institution or other facility pursuant to	76958
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	76959
Code subsequent to a finding of not guilty by reason of insanity	76960
or incompetence to stand trial or under this chapter who is under	76961
observation or receiving habilitation and care in an institution.	76962

(2) "Resident" does not include a person admitted to an	76963
institution or other facility under section 2945.39, 2945.40,	76964
2945.401, or 2945.402 of the Revised Code to the extent that the	76965
reference in this chapter to resident, or the context in which the	76966
reference occurs, is in conflict with any provision of sections	76967
2945.37 to 2945.402 of the Revised Code.	76968

(V) "Respondent" means the person whose detention,	76969
commitment, or continued commitment is being sought in any	76970
proceeding under this chapter.	76971

(W) "Working day" and "court day" mean Monday, Tuesday,	76972
Wednesday, Thursday, and Friday, except when such day is a legal	76973
holiday.	76974

(X) "Prosecutor" means the prosecuting attorney, village	76975
solicitor, city director of law, or similar chief legal officer	76976
who prosecuted a criminal case in which a person was found not	76977
guilty by reason of insanity, who would have had the authority to	76978
prosecute a criminal case against a person if the person had not	76979
been found incompetent to stand trial, or who prosecuted a case in	76980
which a person was found guilty.	76981

(Y) "Court" means the probate division of the court of common	76982
pleas.	76983

(Z) "Supported living" and "residential services" have the	76984
same meanings as in section 5126.01 of the Revised Code.	76985

Sec. 5123.021. (A) As used in this section, "mentally	76986
retarded individual" and "specialized services" have the same	76987
meanings as in section ~~5111.202~~5165.03 of the Revised Code.	76988

(B)(1) Except as provided in division (B)(2) of this section	76989
and rules adopted under division (E)(3) of this section, for	76990
purposes of section ~~5111.202~~5165.03 of the Revised Code, the	76991
department of developmental disabilities shall determine in	76992
accordance with section 1919(e)(7) of the "Social Security Act,"	76993
49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and regulations	76994
adopted under section 1919(f)(8)(A) of that act whether, because	76995
of the individual's physical and mental condition, a mentally	76996
retarded individual seeking admission to a nursing facility	76997
requires the level of services provided by a nursing facility and,	76998
if the individual requires that level of services, whether the	76999
individual requires specialized services for mental retardation.	77000

(2) A determination under this division is not required for	77001
any of the following:	77002

(a) An individual seeking readmission to a nursing facility	77003
after having been transferred from a nursing facility to a	77004
hospital for care;	77005

(b) An individual who meets all of the following conditions:

77006

(i) The individual is admitted to the nursing facility	77007
directly from a hospital after receiving inpatient care at the	77008
hospital;	77009

(ii) The individual requires nursing facility services for	77010
the condition for which the individual received care in the	77011
hospital;	77012

(iii) The individual's attending physician has certified,	77013
before admission to the nursing facility, that the individual is	77014
likely to require less than thirty days of nursing facility	77015
services.	77016

(c) An individual transferred from one nursing facility to	77017
another nursing facility, with or without an intervening hospital	77018
stay.	77019

(C) Except as provided in rules adopted under division (F)(3)	77020
of this section, the department of developmental disabilities	77021
shall review and determine, for each resident of a nursing	77022
facility who is mentally retarded, whether the resident, because	77023
of the resident's physical and mental condition, requires the	77024
level of services provided by a nursing facility and whether the	77025
resident requires specialized services for mental retardation. The	77026
review and determination shall be conducted in accordance with	77027
section 1919(e)(7) of the "Social Security Act" and the	77028
regulations adopted under section 1919(f)(8)(A) of the act. The	77029
review and determination shall be completed promptly after a	77030
nursing facility has notified the department that there has been a	77031
significant change in the resident's mental or physical condition.	77032

(D)(1) In the case of a nursing facility resident who has	77033
continuously resided in a nursing facility for at least thirty	77034
months before the date of a review and determination under	77035
division (C) of this section, if the resident is determined not to	77036
require the level of services provided by a nursing facility, but	77037
is determined to require specialized services for mental	77038
retardation, the department, in consultation with the resident's	77039
family or legal representative and care givers, shall do all of	77040
the following:	77041

(a) Inform the resident of the institutional and	77042
noninstitutional alternatives covered under the state plan for	77043
medical assistance;	77044

(b) Offer the resident the choice of remaining in the nursing	77045
facility or receiving covered services in an alternative	77046
institutional or noninstitutional setting;	77047

(c) Clarify the effect on eligibility for services under the	77048
state plan for medical assistance if the resident chooses to leave	77049
the facility, including its effect on readmission to the facility;	77050

(d) Provide for or arrange for the provision of specialized	77051
services for the resident's mental retardation in the setting	77052
chosen by the resident.	77053

(2) In the case of a nursing facility resident who has	77054
continuously resided in a nursing facility for less than thirty	77055
months before the date of the review and determination under	77056
division (C) of this section, if the resident is determined not to	77057
require the level of services provided by a nursing facility, but	77058
is determined to require specialized services for mental	77059
retardation, or if the resident is determined to require neither	77060
the level of services provided by a nursing facility nor	77061
specialized services for mental retardation, the department shall	77062
act in accordance with its alternative disposition plan approved	77063
by the United States department of health and human services under	77064
section 1919(e)(7)(E) of the "Social Security Act."	77065

(3) In the case of an individual who is determined under	77066
division (B) or (C) of this section to require both the level of	77067
services provided by a nursing facility and specialized services	77068
for mental retardation, the department of developmental	77069
disabilities shall provide or arrange for the provision of the	77070
specialized services needed by the individual or resident while	77071
residing in a nursing facility.	77072

(E) The department of developmental disabilities shall adopt	77073
rules in accordance with Chapter 119. of the Revised Code that do	77074
all of the following:	77075

(1) Establish criteria to be used in making the	77076
determinations required by divisions (B) and (C) of this section.	77077
The criteria shall not exceed the criteria established by	77078
regulations adopted by the United States department of health and	77079
human services under section 1919(f)(8)(A) of the "Social Security	77080
Act."	77081

(2) Specify information to be provided by the individual or	77082
nursing facility resident being assessed;	77083

(3) Specify any circumstances, in addition to circumstances	77084
listed in division (B) of this section, under which determinations	77085
under divisions (B) and (C) of this section are not required to be	77086
made.	77087

Sec. 5123.022. It(A) As used in this section:

77088

(1) "Community employment" means competitive employment that	77089
takes place in an integrated setting.	77090

(2) "Competitive employment" means full-time or part-time	77091
work in the competitive labor market in which payment is at or	77092
above the minimum wage but not less than the customary wage and	77093
level of benefits paid by the employer for the same or similar	77094
work performed by persons who are not disabled.	77095

(3) "Integrated setting" means a setting typically found in	77096
the community where individuals with developmental disabilities	77097
interact with individuals who do not have disabilities to the same	77098
extent that individuals in comparable positions who are not	77099
disabled interact with other individuals, including in employment	77100
settings in which employees interact with the community through	77101
technology.	77102

(B) It is hereby declared to be the policy of this state that	77103
employment services for individuals with developmental	77104
disabilities be directed at placement whenever possible of each	77105
individual in ~~a position in the~~ community ~~in which the individual~~	77106
~~is integrated with the employer's other workers who are not~~	77107
~~developmentally disabled~~employment. ~~The~~Every individual with a	77108
developmental disability is presumed capable of community	77109
employment unless proven otherwise through an individualized	77110
assessment process.	77111

The departments of developmental disabilities, education,	77112
medicaid, job and family services, and ~~mental health~~mental health	77113
and addiction services; the ~~rehabilitation services commission~~	77114
opportunities for Ohioans with disabilities agency; and each other	77115
state agency that provides employment services to individuals with	77116
developmental disabilities shall implement ~~this~~the policy of this	77117
state and ensure that it is followed whenever employment services	77118
are provided to individuals with developmental disabilities.	77119

The department of developmental disabilities shall coordinate	77120
the actions taken by state agencies to comply with the state's	77121
policy. Agencies shall collaborate within their divisions and with	77122
each other to ensure that state programs, policies, procedures,	77123
and funding support competitive and integrated employment of	77124
individuals with developmental disabilities. State agencies shall	77125
share information with the department, and the department shall	77126
track progress toward full implementation of the policy. The	77127
department, in coordination with any task force established by the	77128
governor, shall compile data and annually submit to the governor a	77129
report on implementation of the policy.	77130

The department and state agencies may adopt rules to	77131
implement the state's policy.	77132

(C) The state's policy articulated in this section is	77133
intended to promote the right of each individual with a	77134
developmental disability to informed choice; however, nothing in	77135
this section requires any employer to give preference in hiring to	77136
an individual because the individual has a disability.	77137

Sec. 5123.023. (A) The director of developmental	77138
disabilities may establish an employment first task force	77139
consisting of the departments of developmental disabilities,	77140
education, medicaid, job and family services, and mental health	77141
and addiction services; and the opportunities for Ohioans with	77142
disabilities agency. The purpose of the task force shall be to	77143
improve the coordination of the state's efforts to address the	77144
needs of individuals with developmental disabilities who seek	77145
community employment as defined in section 5123.022 of the Revised	77146
Code.	77147

(B) The department of developmental disabilities may enter	77148
into interagency agreements with any of the government entities on	77149
the task force. The interagency agreements may specify either or	77150
both of the following:	77151

(1) The roles and responsibilities of the government entities	77152
that are members of the task force, including any money to be	77153
contributed by those entities;	77154

(2) The projects and activities of the task force.

77155

(C) There is hereby created in the state treasury the	77156
employment first taskforce fund. Any money received by the task	77157
force from its members shall be credited to the fund. The	77158
department of developmental disabilities shall use the fund to	77159
support the work of the task force.	77160

(D) The task force shall cease to exist on January 1, 2020.	77161
Any money, assets, or employees of the department of developmental	77162
disabilities that on that date are dedicated to the work of the	77163
task force shall be reallocated by the department for employment	77164
services for individuals with developmental disabilities.	77165

Sec. 5123.03. (A) The department of developmental	77166
disabilities shall do all of the following:	77167

(1) Maintain, operate, manage, and govern all state	77168
institutions for the care, treatment, and training of the mentally	77169
retarded;	77170

(2) Designate all such institutions by appropriate names;

77171

(3) Provide and designate facilities for the custody, care,	77172
and special treatment of persons of the following classes:	77173

(a) Dangerous persons in state institutions for the mentally	77174
retarded who represent a serious threat to the safety of the other	77175
patients of the institution;	77176

(b) Persons charged with crimes who are found incompetent to	77177
stand trial or not guilty by reason of insanity and who are also	77178
mentally retarded persons subject to institutionalization by court	77179
order.	77180

(4) Have control of all institutions maintained in part by	77181
the state for the care, treatment, and training of the mentally	77182
retarded;	77183

(5) Administer the laws relative to persons in such	77184
institutions in an efficient, economical, and humane manner;	77185

(6) Ascertain by actual examinations and inquiry whether	77186
institutionalizations are made according to law.	77187

(B) The department may do any of the following:

77188

(1) Subject to section 5139.08 of the Revised Code, receive	77189
from the department of youth services for observation, diagnosis,	77190
care, habilitation, or placement any children in the custody of	77191
the department of youth services;	77192

(2) Receive for observation any minor from a public	77193
institution other than an institution under the jurisdiction of	77194
the department of developmental disabilities, from a private	77195
charitable institution, or from a person having legal custody of	77196
such a minor, upon such terms as are proper;	77197

(3) Receive from the department of ~~mental health~~mental	77198
health and addiction services any patient in the custody of the	77199
department who is transferred to the department of developmental	77200
disabilities upon such terms and conditions as may be agreed upon	77201
by the two departments.	77202

(C) In addition to the powers and duties expressly conferred	77203
by this section, the department may take any other action	77204
necessary for the full and efficient executive, administrative,	77205
and fiscal supervision of the state institutions described in this	77206
section.	77207

Sec. 5123.0412. (A) The department of developmental	77208
disabilities shall charge each county board of developmental	77209
disabilities an annual fee equal to one and one-quarter per cent	77210
of the total value of all medicaid paid claims for home and	77211
community-based services provided during the year to an individual	77212
eligible for services from the county board. However, the	77213
department shall not charge the fee for home and community-based	77214
services provided under the medicaid waiver component known as the	77215
transitions developmental disabilities waiver. No county board	77216
shall pass the cost of a fee charged to the county board under	77217
this section on to another provider of these services.	77218

(B) The fees collected under this section shall be deposited	77219
into the ODDD administration and oversight fund ~~and the ODJFS~~	77220
~~administration and oversight fund, both of~~ , which ~~are~~is hereby	77221
created in the state treasury. ~~The portion of the fees to be~~	77222
~~deposited into the ODDD administration and oversight fund and the~~	77223
~~portion of the fees to be deposited into the ODJFS administration~~	77224
~~and oversight fund shall be the portion specified in an~~	77225
~~interagency agreement entered into under division (C) of this~~	77226
~~section.~~ The department ~~of developmental disabilities~~ shall use	77227
the money in the ODDD administration and oversight fund ~~and the~~	77228
~~department of job and family services shall use the money in the~~	77229
~~ODJFS administration and oversight fund~~ for both of the following	77230
purposes:	77231

(1) Medicaid administrative costs, including administrative	77232
and oversight costs of medicaid case management services and home	77233
and community-based services. The administrative and oversight	77234
costs of medicaid case management services and home and	77235
community-based services shall include costs for staff, systems,	77236
and other resources the ~~departments need~~department needs and	77237
~~dedicate~~dedicates solely to the following duties associated with	77238
the services:	77239

(a) Eligibility determinations;

77240

(b) Training;

77241

77242

(d) Claims processing;

77243

(e) Quality assurance oversight;

77244

(f) Other duties the ~~departments identify~~department	77245
identifies.	77246

(2) Providing technical support to county boards' local	77247
administrative authority under section 5126.055 of the Revised	77248
Code for the services.	77249

(C) ~~The departments of developmental disabilities and job and~~	77250
~~family services shall enter into an interagency agreement to do~~	77251
~~both of the following:~~	77252

~~(1) Specify which portion of the fees collected under this~~	77253
~~section is to be deposited into the ODDD administration and~~	77254
~~oversight fund and which portion is to be deposited into the ODJFS~~	77255
~~administration and oversight fund;~~	77256

~~(2) Provide for the departments to coordinate the staff whose~~	77257
~~costs are paid for with money in the ODDD administration and~~	77258
~~oversight fund and the ODJFS administration and oversight fund.~~	77259

~~(D)~~ The ~~departments~~department shall submit an annual report	77260
to the director of budget and management certifying how the	77261
~~departments~~department spent the money in the ODDD administration	77262
and oversight fund ~~and the ODJFS administration and oversight fund~~	77263
for the purposes specified in division (B) of this section.	77264

Sec. 5123.0417. (A) The director of developmental	77265
disabilities shall establish one or more programs for individuals	77266
under twenty-two years of age who have intensive behavioral needs,	77267
including such individuals with a primary diagnosis of autism	77268
spectrum disorder. The programs may include one or more medicaid	77269
waiver components that the director administers pursuant to	77270
section ~~5111.871~~5166.21 of the Revised Code. The programs may do	77271
one or more of the following:	77272

(1) Establish models that incorporate elements common to	77273
effective intervention programs and evidence-based practices in	77274
services for children with intensive behavioral needs;	77275

(2) Design a template for individualized education plans and	77276
individual service plans that provide consistent intervention	77277
programs and evidence-based practices for the care and treatment	77278
of children with intensive behavioral needs;	77279

(3) Disseminate best practice guidelines for use by families	77280
of children with intensive behavioral needs and professionals	77281
working with such families;	77282

(4) Develop a transition planning model for effectively	77283
mainstreaming school-age children with intensive behavioral needs	77284
to their public school district;	77285

(5) Contribute to the field of early and effective	77286
identification and intervention programs for children with	77287
intensive behavioral needs by providing financial support for	77288
scholarly research and publication of clinical findings.	77289

(B) The director of developmental disabilities shall	77290
collaborate with the medicaid director ~~of job and family services~~	77291
and consult with the executive director of the Ohio center for	77292
autism and low incidence and university-based programs that	77293
specialize in services for individuals with developmental	77294
disabilities when establishing programs under this section.	77295

Sec. 5123.09. Subject to the rules of the department of	77296
developmental disabilities, each institution under the	77297
jurisdiction of the department shall be under the control of a	77298
managing officer to be known as a superintendent or by other	77299
appropriate title. The managing officer shall be appointed by the	77300
director of developmental disabilities and shall be in the	77301
unclassified service and serve at the pleasure of the director.	77302
Each managing officer shall be of good moral character and have	77303
skill, ability, and experience in the managing officer's	77304
profession. Appointment to the position of managing officer of an	77305
institution may be made from persons holding positions in the	77306
classified service in the department.	77307

The managing officer, under the director, shall have entire	77308
executive charge of the institution for which the managing officer	77309
is appointed, except as provided in section ~~5119.16~~5119.44 of the	77310
Revised Code. Subject to civil service rules and rules adopted by	77311
the department, the managing officer shall appoint the necessary	77312
employees, and the managing officer or the director may remove	77313
those employees for cause. A report of all appointments,	77314
resignations, and discharges shall be filed with the appropriate	77315
division at the close of each month.	77316

After conference with the managing officer of each	77317
institution, the director shall determine the number of employees	77318
to be appointed to the various institutions and clinics.	77319

Sec. 5123.171. As used in this section, "respite care" means	77320
appropriate, short-term, temporary care provided to a mentally	77321
retarded or developmentally disabled person to sustain the family	77322
structure or to meet planned or emergency needs of the family.	77323

The department of developmental disabilities shall provide	77324
respite care services to persons with mental retardation or a	77325
developmental disability for the purpose of promoting	77326
self-sufficiency and normalization, preventing or reducing	77327
inappropriate institutional care, and furthering the unity of the	77328
family by enabling the family to meet the special needs of a	77329
mentally retarded or developmentally disabled person.	77330

In order to be eligible for respite care services under this	77331
section, the mentally retarded or developmentally disabled person	77332
must be in need of habilitation services as defined in section	77333
5126.01 of the Revised Code.	77334

Respite care may be provided in a residential facility	77335
licensed under section 5123.19 of the Revised Code (, including a	77336
residential facility certified as an ~~intermediate care facility~~	77337
~~for the mentally retarded under Title XIX of the "Social Security~~	77338
~~Act," 79 Stat. 344 (1965), 42 U.S.C. 1396, et seq., as amended)~~	77339
ICF/IID, and a respite care home certified under section 5126.05	77340
of the Revised Code.	77341

The department shall develop a system for locating vacant	77342
beds that are available for respite care and for making	77343
information on vacant beds available to users of respite care	77344
services. ~~Facilities certified as intermediate care facilities for~~	77345
~~the mentally retarded~~ICFs/IID shall report vacant beds to the	77346
department but shall not be required to accept respite care	77347
clients.	77348

The director of developmental disabilities shall adopt, and	77349
may amend or rescind, rules in accordance with Chapter 119. of the	77350
Revised Code for both of the following:	77351

(A) Certification by county boards of developmental	77352
disabilities of respite care homes;	77353

(B) Provision of respite care services authorized by this	77354
section. Rules adopted under this division shall establish all of	77355
the following:	77356

(1) A formula for distributing funds appropriated for respite	77357
care services;	77358

(2) Standards for supervision, training and quality control	77359
in the provision of respite care services;	77360

(3) Eligibility criteria for emergency respite care services.

77361

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	77362
the Revised Code:	77363

(1) "Independent living arrangement" means an arrangement in	77364
which a mentally retarded or developmentally disabled person	77365
resides in an individualized setting chosen by the person or the	77366
person's guardian, which is not dedicated principally to the	77367
provision of residential services for mentally retarded or	77368
developmentally disabled persons, and for which no financial	77369
support is received for rendering such service from any	77370
governmental agency by a provider of residential services.	77371

(2) ~~"Intermediate care facility for the mentally retarded"~~	77372
~~has the same meaning as in section 1905(d) of the "Social Security~~	77373
~~Act," 101 Stat. 1330-204 (1987), 42 U.S.C. 1396d(d), as amended.~~	77374

~~(3)~~ "Licensee" means the person or government agency that has	77375
applied for a license to operate a residential facility and to	77376
which the license was issued under this section.	77377

~~(4)~~(3) "Political subdivision" means a municipal corporation,	77378
county, or township.	77379

~~(5)~~(4) "Related party" has the same meaning as in section	77380
5123.16 of the Revised Code except that "provider" as used in the	77381
definition of "related party" means a person or government entity	77382
that held or applied for a license to operate a residential	77383
facility, rather than a person or government entity certified to	77384
provide supported living.	77385

~~(6)~~(5)(a) Except as provided in division (A)~~(6)~~(5)(b) of this	77386
section, "residential facility" means a home or facility,	77387
including ~~a facility certified as an intermediate care facility~~	77388
~~for the mentally retarded~~an ICF/IID, in which an individual with	77389
mental retardation or a developmental disability resides.	77390

(b) "Residential facility" does not mean any of the	77391
following:	77392

(i) The home of a relative or legal guardian in which an	77393
individual with mental retardation or a developmental disability	77394
resides;	77395

(ii) A respite care home certified under section 5126.05 of	77396
the Revised Code;	77397

(iii) A county home or district home operated pursuant to	77398
Chapter 5155. of the Revised Code;	77399

(iv) A dwelling in which the only residents with mental	77400
retardation or developmental disabilities are in independent	77401
living arrangements or are being provided supported living.	77402

(B) Every person or government agency desiring to operate a	77403
residential facility shall apply for licensure of the facility to	77404
the director of developmental disabilities unless the residential	77405
facility is subject to section 3721.02, 5103.03, ~~5119.20~~5119.33,	77406
or division (A)(9)(b) of section ~~5119.22~~5119.34 of the Revised	77407
Code.	77408

(C) Subject to section 5123.196 of the Revised Code, the	77409
director of developmental disabilities shall license the operation	77410
of residential facilities. An initial license shall be issued for	77411
a period that does not exceed one year, unless the director denies	77412
the license under division (D) of this section. A license shall be	77413
renewed for a period that does not exceed three years, unless the	77414
director refuses to renew the license under division (D) of this	77415
section. The director, when issuing or renewing a license, shall	77416
specify the period for which the license is being issued or	77417
renewed. A license remains valid for the length of the licensing	77418
period specified by the director, unless the license is	77419
terminated, revoked, or voluntarily surrendered.	77420

(D) If it is determined that an applicant or licensee is not	77421
in compliance with a provision of this chapter that applies to	77422
residential facilities or the rules adopted under such a	77423
provision, the director may deny issuance of a license, refuse to	77424
renew a license, terminate a license, revoke a license, issue an	77425
order for the suspension of admissions to a facility, issue an	77426
order for the placement of a monitor at a facility, issue an order	77427
for the immediate removal of residents, or take any other action	77428
the director considers necessary consistent with the director's	77429
authority under this chapter regarding residential facilities. In	77430
the director's selection and administration of the sanction to be	77431
imposed, all of the following apply:	77432

(1) The director may deny, refuse to renew, or revoke a	77433
license, if the director determines that the applicant or licensee	77434
has demonstrated a pattern of serious noncompliance or that a	77435
violation creates a substantial risk to the health and safety of	77436
residents of a residential facility.	77437

(2) The director may terminate a license if more than twelve	77438
consecutive months have elapsed since the residential facility was	77439
last occupied by a resident or a notice required by division (K)	77440
of this section is not given.	77441

(3) The director may issue an order for the suspension of	77442
admissions to a facility for any violation that may result in	77443
sanctions under division (D)(1) of this section and for any other	77444
violation specified in rules adopted under division (H)(2) of this	77445
section. If the suspension of admissions is imposed for a	77446
violation that may result in sanctions under division (D)(1) of	77447
this section, the director may impose the suspension before	77448
providing an opportunity for an adjudication under Chapter 119. of	77449
the Revised Code. The director shall lift an order for the	77450
suspension of admissions when the director determines that the	77451
violation that formed the basis for the order has been corrected.	77452

(4) The director may order the placement of a monitor at a	77453
residential facility for any violation specified in rules adopted	77454
under division (H)(2) of this section. The director shall lift the	77455
order when the director determines that the violation that formed	77456
the basis for the order has been corrected.	77457

(5) If the director determines that two or more residential	77458
facilities owned or operated by the same person or government	77459
entity are not being operated in compliance with a provision of	77460
this chapter that applies to residential facilities or the rules	77461
adopted under such a provision, and the director's findings are	77462
based on the same or a substantially similar action, practice,	77463
circumstance, or incident that creates a substantial risk to the	77464
health and safety of the residents, the director shall conduct a	77465
survey as soon as practicable at each residential facility owned	77466
or operated by that person or government entity. The director may	77467
take any action authorized by this section with respect to any	77468
facility found to be operating in violation of a provision of this	77469
chapter that applies to residential facilities or the rules	77470
adopted under such a provision.	77471

(6) When the director initiates license revocation	77472
proceedings, no opportunity for submitting a plan of correction	77473
shall be given. The director shall notify the licensee by letter	77474
of the initiation of the proceedings. The letter shall list the	77475
deficiencies of the residential facility and inform the licensee	77476
that no plan of correction will be accepted. The director shall	77477
also send a copy of the letter to the county board of	77478
developmental disabilities. The county board shall send a copy of	77479
the letter to each of the following:	77480

(a) Each resident who receives services from the licensee;

77481

(b) The guardian of each resident who receives services from	77482
the licensee if the resident has a guardian;	77483

(c) The parent or guardian of each resident who receives	77484
services from the licensee if the resident is a minor.	77485

(7) Pursuant to rules which shall be adopted in accordance	77486
with Chapter 119. of the Revised Code, the director may order the	77487
immediate removal of residents from a residential facility	77488
whenever conditions at the facility present an immediate danger of	77489
physical or psychological harm to the residents.	77490

(8) In determining whether a residential facility is being	77491
operated in compliance with a provision of this chapter that	77492
applies to residential facilities or the rules adopted under such	77493
a provision, or whether conditions at a residential facility	77494
present an immediate danger of physical or psychological harm to	77495
the residents, the director may rely on information obtained by a	77496
county board of developmental disabilities or other governmental	77497
agencies.	77498

(9) In proceedings initiated to deny, refuse to renew, or	77499
revoke licenses, the director may deny, refuse to renew, or revoke	77500
a license regardless of whether some or all of the deficiencies	77501
that prompted the proceedings have been corrected at the time of	77502
the hearing.	77503

(E) The director shall establish a program under which public	77504
notification may be made when the director has initiated license	77505
revocation proceedings or has issued an order for the suspension	77506
of admissions, placement of a monitor, or removal of residents.	77507
The director shall adopt rules in accordance with Chapter 119. of	77508
the Revised Code to implement this division. The rules shall	77509
establish the procedures by which the public notification will be	77510
made and specify the circumstances for which the notification must	77511
be made. The rules shall require that public notification be made	77512
if the director has taken action against the facility in the	77513
eighteen-month period immediately preceding the director's latest	77514
action against the facility and the latest action is being taken	77515
for the same or a substantially similar violation of a provision	77516
of this chapter that applies to residential facilities or the	77517
rules adopted under such a provision. The rules shall specify a	77518
method for removing or amending the public notification if the	77519
director's action is found to have been unjustified or the	77520
violation at the residential facility has been corrected.	77521

(F)(1) Except as provided in division (F)(2) of this section,	77522
appeals from proceedings initiated to impose a sanction under	77523
division (D) of this section shall be conducted in accordance with	77524
Chapter 119. of the Revised Code.	77525

(2) Appeals from proceedings initiated to order the	77526
suspension of admissions to a facility shall be conducted in	77527
accordance with Chapter 119. of the Revised Code, unless the order	77528
was issued before providing an opportunity for an adjudication, in	77529
which case all of the following apply:	77530

(a) The licensee may request a hearing not later than ten	77531
days after receiving the notice specified in section 119.07 of the	77532
Revised Code.	77533

(b) If a timely request for a hearing that includes the	77534
licensee's current address is made, the hearing shall commence not	77535
later than thirty days after the department receives the request.	77536

(c) After commencing, the hearing shall continue	77537
uninterrupted, except for Saturdays, Sundays, and legal holidays,	77538
unless other interruptions are agreed to by the licensee and the	77539
director.	77540

(d) If the hearing is conducted by a hearing examiner, the	77541
hearing examiner shall file a report and recommendations not later	77542
than ten days after the last of the following:	77543

(i) The close of the hearing;

77544

(ii) If a transcript of the proceedings is ordered, the	77545
hearing examiner receives the transcript;	77546

(iii) If post-hearing briefs are timely filed, the hearing	77547
examiner receives the briefs.	77548

(e) A copy of the written report and recommendation of the	77549
hearing examiner shall be sent, by certified mail, to the licensee	77550
and the licensee's attorney, if applicable, not later than five	77551
days after the report is filed.	77552

(f) Not later than five days after the hearing examiner files	77553
the report and recommendations, the licensee may file objections	77554
to the report and recommendations.	77555

(g) Not later than fifteen days after the hearing examiner	77556
files the report and recommendations, the director shall issue an	77557
order approving, modifying, or disapproving the report and	77558
recommendations.	77559

(h) Notwithstanding the pendency of the hearing, the director	77560
shall lift the order for the suspension of admissions when the	77561
director determines that the violation that formed the basis for	77562
the order has been corrected.	77563

(G) Neither a person or government agency whose application	77564
for a license to operate a residential facility is denied nor a	77565
related party of the person or government agency may apply for a	77566
license to operate a residential facility before the date that is	77567
one year after the date of the denial. Neither a licensee whose	77568
residential facility license is revoked nor a related party of the	77569
licensee may apply for a residential facility license before the	77570
date that is five years after the date of the revocation.	77571

(H) In accordance with Chapter 119. of the Revised Code, the	77572
director shall adopt and may amend and rescind rules for licensing	77573
and regulating the operation of residential facilities. The rules	77574
for residential facilities that are ~~intermediate care facilities~~	77575
~~for the mentally retarded~~ICFs/IID may differ from those for other	77576
residential facilities. The rules shall establish and specify the	77577
following:	77578

(1) Procedures and criteria for issuing and renewing	77579
licenses, including procedures and criteria for determining the	77580
length of the licensing period that the director must specify for	77581
each license when it is issued or renewed;	77582

(2) Procedures and criteria for denying, refusing to renew,	77583
terminating, and revoking licenses and for ordering the suspension	77584
of admissions to a facility, placement of a monitor at a facility,	77585
and the immediate removal of residents from a facility;	77586

(3) Fees for issuing and renewing licenses, which shall be	77587
deposited into the program fee fund created under section 5123.033	77588
of the Revised Code;	77589

(4) Procedures for surveying residential facilities;

77590

(5) Requirements for the training of residential facility	77591
personnel;	77592

(6) Classifications for the various types of residential	77593
facilities;	77594

(7) Certification procedures for licensees and management	77595
contractors that the director determines are necessary to ensure	77596
that they have the skills and qualifications to properly operate	77597
or manage residential facilities;	77598

(8) The maximum number of persons who may be served in a	77599
particular type of residential facility;	77600

(9) Uniform procedures for admission of persons to and	77601
transfers and discharges of persons from residential facilities;	77602

(10) Other standards for the operation of residential	77603
facilities and the services provided at residential facilities;	77604

(11) Procedures for waiving any provision of any rule adopted	77605
under this section.	77606

(I) Before issuing a license, the director of the department	77607
or the director's designee shall conduct a survey of the	77608
residential facility for which application is made. The director	77609
or the director's designee shall conduct a survey of each licensed	77610
residential facility at least once during the period the license	77611
is valid and may conduct additional inspections as needed. A	77612
survey includes but is not limited to an on-site examination and	77613
evaluation of the residential facility, its personnel, and the	77614
services provided there.	77615

In conducting surveys, the director or the director's	77616
designee shall be given access to the residential facility; all	77617
records, accounts, and any other documents related to the	77618
operation of the facility; the licensee; the residents of the	77619
facility; and all persons acting on behalf of, under the control	77620
of, or in connection with the licensee. The licensee and all	77621
persons on behalf of, under the control of, or in connection with	77622
the licensee shall cooperate with the director or the director's	77623
designee in conducting the survey.	77624

Following each survey, unless the director initiates a	77625
license revocation proceeding, the director or the director's	77626
designee shall provide the licensee with a report listing any	77627
deficiencies, specifying a timetable within which the licensee	77628
shall submit a plan of correction describing how the deficiencies	77629
will be corrected, and, when appropriate, specifying a timetable	77630
within which the licensee must correct the deficiencies. After a	77631
plan of correction is submitted, the director or the director's	77632
designee shall approve or disapprove the plan. A copy of the	77633
report and any approved plan of correction shall be provided to	77634
any person who requests it.	77635

The director shall initiate disciplinary action against any	77636
department employee who notifies or causes the notification to any	77637
unauthorized person of an unannounced survey of a residential	77638
facility by an authorized representative of the department.	77639

(J) In addition to any other information which may be	77640
required of applicants for a license pursuant to this section, the	77641
director shall require each applicant to provide a copy of an	77642
approved plan for a proposed residential facility pursuant to	77643
section 5123.042 of the Revised Code. This division does not apply	77644
to renewal of a license or to an applicant for an initial or	77645
modified license who meets the requirements of section 5123.197 of	77646
the Revised Code.	77647

(K) A licensee shall notify the owner of the building in	77648
which the licensee's residential facility is located of any	77649
significant change in the identity of the licensee or management	77650
contractor before the effective date of the change if the licensee	77651
is not the owner of the building.	77652

Pursuant to rules which shall be adopted in accordance with	77653
Chapter 119. of the Revised Code, the director may require	77654
notification to the department of any significant change in the	77655
ownership of a residential facility or in the identity of the	77656
licensee or management contractor. If the director determines that	77657
a significant change of ownership is proposed, the director shall	77658
consider the proposed change to be an application for development	77659
by a new operator pursuant to section 5123.042 of the Revised Code	77660
and shall advise the applicant within sixty days of the	77661
notification that the current license shall continue in effect or	77662
a new license will be required pursuant to this section. If the	77663
director requires a new license, the director shall permit the	77664
facility to continue to operate under the current license until	77665
the new license is issued, unless the current license is revoked,	77666
refused to be renewed, or terminated in accordance with Chapter	77667
119. of the Revised Code.	77668

(L) A county board of developmental disabilities and any	77669
interested person may file complaints alleging violations of	77670
statute or department rule relating to residential facilities with	77671
the department. All complaints shall be in writing and shall state	77672
the facts constituting the basis of the allegation. The department	77673
shall not reveal the source of any complaint unless the	77674
complainant agrees in writing to waive the right to	77675
confidentiality or until so ordered by a court of competent	77676
jurisdiction.	77677

The department shall adopt rules in accordance with Chapter	77678
119. of the Revised Code establishing procedures for the receipt,	77679
referral, investigation, and disposition of complaints filed with	77680
the department under this division.	77681

(M) The department shall establish procedures for the	77682
notification of interested parties of the transfer or interim care	77683
of residents from residential facilities that are closing or are	77684
losing their license.	77685

(N) Before issuing a license under this section to a	77686
residential facility that will accommodate at any time more than	77687
one mentally retarded or developmentally disabled individual, the	77688
director shall, by first class mail, notify the following:	77689

(1) If the facility will be located in a municipal	77690
corporation, the clerk of the legislative authority of the	77691
municipal corporation;	77692

(2) If the facility will be located in unincorporated	77693
territory, the clerk of the appropriate board of county	77694
commissioners and the fiscal officer of the appropriate board of	77695
township trustees.	77696

The director shall not issue the license for ten days after	77697
mailing the notice, excluding Saturdays, Sundays, and legal	77698
holidays, in order to give the notified local officials time in	77699
which to comment on the proposed issuance.	77700

Any legislative authority of a municipal corporation, board	77701
of county commissioners, or board of township trustees that	77702
receives notice under this division of the proposed issuance of a	77703
license for a residential facility may comment on it in writing to	77704
the director within ten days after the director mailed the notice,	77705
excluding Saturdays, Sundays, and legal holidays. If the director	77706
receives written comments from any notified officials within the	77707
specified time, the director shall make written findings	77708
concerning the comments and the director's decision on the	77709
issuance of the license. If the director does not receive written	77710
comments from any notified local officials within the specified	77711
time, the director shall continue the process for issuance of the	77712
license.	77713

(O) Any person may operate a licensed residential facility	77714
that provides room and board, personal care, habilitation	77715
services, and supervision in a family setting for at least six but	77716
not more than eight persons with mental retardation or a	77717
developmental disability as a permitted use in any residential	77718
district or zone, including any single-family residential district	77719
or zone, of any political subdivision. These residential	77720
facilities may be required to comply with area, height, yard, and	77721
architectural compatibility requirements that are uniformly	77722
imposed upon all single-family residences within the district or	77723
zone.	77724

(P) Any person may operate a licensed residential facility	77725
that provides room and board, personal care, habilitation	77726
services, and supervision in a family setting for at least nine	77727
but not more than sixteen persons with mental retardation or a	77728
developmental disability as a permitted use in any multiple-family	77729
residential district or zone of any political subdivision, except	77730
that a political subdivision that has enacted a zoning ordinance	77731
or resolution establishing planned unit development districts may	77732
exclude these residential facilities from those districts, and a	77733
political subdivision that has enacted a zoning ordinance or	77734
resolution may regulate these residential facilities in	77735
multiple-family residential districts or zones as a conditionally	77736
permitted use or special exception, in either case, under	77737
reasonable and specific standards and conditions set out in the	77738
zoning ordinance or resolution to:	77739

(1) Require the architectural design and site layout of the	77740
residential facility and the location, nature, and height of any	77741
walls, screens, and fences to be compatible with adjoining land	77742
uses and the residential character of the neighborhood;	77743

(2) Require compliance with yard, parking, and sign	77744
regulation;	77745

(3) Limit excessive concentration of these residential	77746
facilities.	77747

(Q) This section does not prohibit a political subdivision	77748
from applying to residential facilities nondiscriminatory	77749
regulations requiring compliance with health, fire, and safety	77750
regulations and building standards and regulations.	77751

(R) Divisions (O) and (P) of this section are not applicable	77752
to municipal corporations that had in effect on June 15, 1977, an	77753
ordinance specifically permitting in residential zones licensed	77754
residential facilities by means of permitted uses, conditional	77755
uses, or special exception, so long as such ordinance remains in	77756
effect without any substantive modification.	77757

(S)(1) The director may issue an interim license to operate a	77758
residential facility to an applicant for a license under this	77759
section if either of the following is the case:	77760

(a) The director determines that an emergency exists	77761
requiring immediate placement of persons in a residential	77762
facility, that insufficient licensed beds are available, and that	77763
the residential facility is likely to receive a permanent license	77764
under this section within thirty days after issuance of the	77765
interim license.	77766

(b) The director determines that the issuance of an interim	77767
license is necessary to meet a temporary need for a residential	77768
facility.	77769

(2) To be eligible to receive an interim license, an	77770
applicant must meet the same criteria that must be met to receive	77771
a permanent license under this section, except for any differing	77772
procedures and time frames that may apply to issuance of a	77773
permanent license.	77774

(3) An interim license shall be valid for thirty days and may	77775
be renewed by the director for a period not to exceed one hundred	77776
fifty days.	77777

(4) The director shall adopt rules in accordance with Chapter	77778
119. of the Revised Code as the director considers necessary to	77779
administer the issuance of interim licenses.	77780

(T) Notwithstanding rules adopted pursuant to this section	77781
establishing the maximum number of persons who may be served in a	77782
particular type of residential facility, a residential facility	77783
shall be permitted to serve the same number of persons being	77784
served by the facility on the effective date of the rules or the	77785
number of persons for which the facility is authorized pursuant to	77786
a current application for a certificate of need with a letter of	77787
support from the department of developmental disabilities and	77788
which is in the review process prior to April 4, 1986.	77789

(U) The director or the director's designee may enter at any	77790
time, for purposes of investigation, any home, facility, or other	77791
structure that has been reported to the director or that the	77792
director has reasonable cause to believe is being operated as a	77793
residential facility without a license issued under this section.	77794

The director may petition the court of common pleas of the	77795
county in which an unlicensed residential facility is located for	77796
an order enjoining the person or governmental agency operating the	77797
facility from continuing to operate without a license. The court	77798
may grant the injunction on a showing that the person or	77799
governmental agency named in the petition is operating a	77800
residential facility without a license. The court may grant the	77801
injunction, regardless of whether the residential facility meets	77802
the requirements for receiving a license under this section.	77803

Sec. 5123.192. (A) A person or government agency operating,	77804
on ~~the effective date of this section~~September 10, 2012, an	77805
~~intermediate care facility for the mentally retarded~~ICF/IID	77806
pursuant to a nursing home license issued under Chapter 3721. of	77807
the Revised Code shall do both of the following as a condition of	77808
continuing to operate the ~~facility~~ICF/IID on and after July 1,	77809
2013:	77810

(1) Not later than February 1, 2013, apply to the director of	77811
developmental disabilities for a residential facility license	77812
under section 5123.19 of the Revised Code for the ~~facility~~	77813
ICF/IID;	77814

(2) Not later than July 1, 2013, obtain the residential	77815
facility license for the ~~facility~~ICF/IID.	77816

(B) The nursing home license of an ~~intermediate care facility~~	77817
~~for the mentally retarded~~ICF/IID shall cease to be valid at the	77818
earliest of the following:	77819

(1) The date that the ~~facility's~~ICF/IID's nursing home	77820
license is revoked or voided under section 3721.07 of the Revised	77821
Code;	77822

(2) The date that a residential facility license is obtained	77823
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	77824
Code;	77825

(3) July 1, 2013.

77826

(C) Except for existing nursing home beds not certified as	77827
~~intermediate care facility for the mentally retarded~~ICF/IID beds	77828
and relocated in accordance with a move authorized by a	77829
certificate of need under Chapter 3702. of the Revised Code, no	77830
bed that is part of an ~~intermediate care facility for the mentally~~	77831
~~retarded~~ICF/IID that is licensed as a nursing home on ~~the~~	77832
~~effective date of this section~~September 10, 2012, may be used as	77833
part of a nursing home on and after the earlier of the following:	77834

(1) The date that a residential facility license is obtained	77835
for the ~~facility~~ICF/IID under section 5123.19 of the Revised	77836
Code;	77837

(2) July 1, 2013.

77838

Sec. 5123.197. Neither an applicant for an initial	77839
residential facility license under section 5123.19 of the Revised	77840
Code nor an applicant for a modification of an existing	77841
residential facility license under that section is required to	77842
obtain approval of a plan for the proposed new residential	77843
facility or modification to the existing residential facility	77844
pursuant to section 5123.042 of the Revised Code if all of the	77845
following apply:	77846

(A) The new residential facility or modification to the	77847
existing residential facility is to serve individuals who have	77848
diagnoses or special care needs for which a medicaid ~~reimbursement~~	77849
payment rate is set pursuant to section ~~5111.258~~5124.153 of the	77850
Revised Code;	77851

(B) The ~~directors of job and family services~~medicaid	77852
director and director of developmental disabilities determine that	77853
there is a need under the medicaid program for the proposed new	77854
residential facility or modification to the existing residential	77855
facility and that approving the application for the initial	77856
residential facility license or modification to the existing	77857
residential facility license is fiscally prudent for the medicaid	77858
program;	77859

(C) The director of budget and management notifies the	77860
~~directors of job and family services~~medicaid director and	77861
director of developmental disabilities that the director of budget	77862
and management agrees with the directors' determination under	77863
division (B) of this section.	77864

Sec. 5123.198. (A) As used in this section, "date of the	77865
commitment" means the date that an individual specified in	77866
division (B) of this section begins to reside in a state-operated	77867
~~intermediate care facility for the mentally retarded~~ICF/IID after	77868
being committed to the ~~facility~~ICF/IID pursuant to sections	77869
5123.71 to 5123.76 of the Revised Code.	77870

(B) Except as provided in division (C) of this section,	77871
whenever a resident of a residential facility is committed to a	77872
state-operated ~~intermediate care facility for the mentally~~	77873
~~retarded~~ICF/IID pursuant to sections 5123.71 to 5123.76 of the	77874
Revised Code, the department of developmental disabilities,	77875
pursuant to an adjudication order issued in accordance with	77876
Chapter 119. of the Revised Code, shall reduce by one the number	77877
of residents for which the residential facility in which the	77878
resident resided is licensed.	77879

(C) The department shall not reduce under division (B) of	77880
this section the number of residents for which a residential	77881
facility is licensed if any of the following are the case:	77882

(1) The resident of the residential facility who is committed	77883
to a state-operated ~~intermediate care facility for the mentally~~	77884
~~retarded~~ICF/IID resided in the residential facility because of	77885
the closure, on or after June 26, 2003, of another state-operated	77886
~~intermediate care facility for the mentally retarded~~ICF/IID;	77887

(2) The residential facility admits within ninety days of the	77888
date of the commitment an individual who resides on the date of	77889
the commitment in a state-operated ~~intermediate care facility for~~	77890
~~the mentally retarded~~ICF/IID or another residential facility;	77891

(3) The department fails to do either of the following within	77892
ninety days of the date of the commitment:	77893

(a) Identify an individual to whom all of the following	77894
applies:	77895

(i) Resides on the date of the commitment in a state-operated	77896
~~intermediate care facility for the mentally retarded~~ICF/IID or	77897
another residential facility;	77898

(ii) Has indicated to the department an interest in	77899
relocating to the residential facility or has a parent or guardian	77900
who has indicated to the department an interest for the individual	77901
to relocate to the residential facility;	77902

(iii) The department determines the individual has needs that	77903
the residential facility can meet.	77904

(b) Provide the residential facility with information about	77905
the individual identified under division (C)(2)(a) of this section	77906
that the residential facility needs in order to determine whether	77907
the facility can meet the individual's needs.	77908

(4) If the department completes the actions specified in	77909
divisions (C)(3)(a) and (b) of this section not later than ninety	77910
days after the date of the commitment and except as provided in	77911
division (D) of this section, the residential facility does all of	77912
the following not later than ninety days after the date of the	77913
commitment:	77914

(a) Evaluates the information provided by the department;

77915

(b) Assesses the identified individual's needs;

77916

(c) Determines that the residential facility cannot meet the	77917
identified individual's needs.	77918

(5) If the department completes the actions specified in	77919
divisions (C)(3)(a) and (b) of this section not later than ninety	77920
days after the date of the commitment and the residential facility	77921
determines that the residential facility can meet the identified	77922
individual's needs, the individual, or a parent or guardian of the	77923
individual, refuses placement in the residential facility.	77924

(D) The department may reduce under division (B) of this	77925
section the number of residents for which a residential facility	77926
is licensed even though the residential facility completes the	77927
actions specified in division (C)(4) of this section not later	77928
than ninety days after the date of the commitment if all of the	77929
following are the case:	77930

(1) The department disagrees with the residential facility's	77931
determination that the residential facility cannot meet the	77932
identified individual's needs.	77933

(2) The department issues a written decision pursuant to the	77934
uniform procedures for admissions, transfers, and discharges	77935
established by rules adopted under division (H)(9) of section	77936
5123.19 of the Revised Code that the residential facility should	77937
admit the identified individual.	77938

(3) After the department issues the written decision	77939
specified in division (D)(2) of this section, the residential	77940
facility refuses to admit the identified individual.	77941

(E) A residential facility that admits, refuses to admit,	77942
transfers, or discharges a resident under this section shall	77943
comply with the uniform procedures for admissions, transfers, and	77944
discharges established by rules adopted under division (H)(9) of	77945
section 5123.19 of the Revised Code.	77946

~~(F) The department of developmental disabilities may notify~~	77947
~~the department of job and family services of any reduction under~~	77948
~~this section in the number of residents for which a residential~~	77949
~~facility that is an intermediate care facility for the mentally~~	77950
~~retarded is licensed. On receiving the notice, the department of~~	77951
~~job and family services may transfer to the department of~~	77952
~~developmental disabilities the savings in the nonfederal share of~~	77953
~~medicaid expenditures for each fiscal year after the year of the~~	77954
~~commitment to be used for costs of the resident's care in the~~	77955
~~state-operated intermediate care facility for the mentally~~	77956
~~retarded. In determining the amount saved, the department of job~~	77957
~~and family services shall consider medicaid payments for the~~	77958
~~remaining residents of the facility in which the resident resided.~~	77959

Sec. 5123.38. (A) Except as provided in division (B) of this	77960
section, if an individual receiving supported living or home and	77961
community-based services funded by a county board of developmental	77962
disabilities is committed to a state-operated ~~intermediate care~~	77963
~~facility for the mentally retarded~~ICF/IID pursuant to sections	77964
5123.71 to 5123.76 of the Revised Code, the county board is	77965
responsible for the nonfederal share of medicaid expenditures for	77966
the individual's care in the state-operated ~~facility~~ICF/IID. The	77967
department of developmental disabilities shall collect the amount	77968
of the nonfederal share from the county board by either	77969
withholding that amount from funds the department has otherwise	77970
allocated to the county board or submitting an invoice for payment	77971
of that amount to the county board.	77972

(B) Division (A) of this section does not apply under any of	77973
the following circumstances:	77974

(1) The county board, not later than ninety days after the	77975
date of the commitment of a person receiving supported living,	77976
commences funding of supported living for an individual who	77977
resides in a state-operated ~~intermediate care facility for the~~	77978
~~mentally retarded~~ICF/IID on the date of the commitment or another	77979
eligible individual designated by the department.	77980

(2) The county board, not later than ninety days after the	77981
date of the commitment of a person receiving home and	77982
community-based services, commences funding of home and	77983
community-based services for an individual who resides in a	77984
state-operated ~~intermediate care facility for the mentally~~	77985
~~retarded~~ICF/IID on the date of the commitment or another eligible	77986
individual designated by the department.	77987

(3) The director of developmental disabilities, after	77988
determining that circumstances warrant granting a waiver in an	77989
individual's case, grants the county board a waiver that exempts	77990
the county board from responsibility for the nonfederal share for	77991
that case.	77992

Sec. 5123.61. (A) As used in this section:

77993

(1) "Law enforcement agency" means the state highway patrol,	77994
the police department of a municipal corporation, or a county	77995
sheriff.	77996

(2) "Abuse" has the same meaning as in section 5123.50 of the	77997
Revised Code, except that it includes a misappropriation, as	77998
defined in that section.	77999

(3) "Neglect" has the same meaning as in section 5123.50 of	78000
the Revised Code.	78001

(B) The department of developmental disabilities shall	78002
establish a registry office for the purpose of maintaining reports	78003
of abuse, neglect, and other major unusual incidents made to the	78004
department under this section and reports received from county	78005
boards of developmental disabilities under section 5126.31 of the	78006
Revised Code. The department shall establish committees to review	78007
reports of abuse, neglect, and other major unusual incidents.	78008

(C)(1) Any person listed in division (C)(2) of this section,	78009
having reason to believe that a person with mental retardation or	78010
a developmental disability has suffered or faces a substantial	78011
risk of suffering any wound, injury, disability, or condition of	78012
such a nature as to reasonably indicate abuse or neglect of that	78013
person, shall immediately report or cause reports to be made of	78014
such information to the entity specified in this division. Except	78015
as provided in section 5120.173 of the Revised Code or as	78016
otherwise provided in this division, the person making the report	78017
shall make it to a law enforcement agency or to the county board	78018
of developmental disabilities. If the report concerns a resident	78019
of a facility operated by the department of developmental	78020
disabilities the report shall be made either to a law enforcement	78021
agency or to the department. If the report concerns any act or	78022
omission of an employee of a county board of developmental	78023
disabilities, the report immediately shall be made to the	78024
department and to the county board.	78025

(2) All of the following persons are required to make a	78026
report under division (C)(1) of this section:	78027

(a) Any physician, including a hospital intern or resident,	78028
any dentist, podiatrist, chiropractor, practitioner of a limited	78029
branch of medicine as specified in section 4731.15 of the Revised	78030
Code, hospital administrator or employee of a hospital, nurse	78031
licensed under Chapter 4723. of the Revised Code, employee of an	78032
ambulatory health facility as defined in section 5101.61 of the	78033
Revised Code, employee of a home health agency, employee of a	78034
residential facility licensed under section ~~5119.22~~5119.34 of the	78035
Revised Code that provides accommodations, supervision, and person	78036
care services for three to sixteen unrelated adults, or employee	78037
of a community mental health facility;	78038

(b) Any school teacher or school authority, social worker,	78039
psychologist, attorney, peace officer, coroner, or residents'	78040
rights advocate as defined in section 3721.10 of the Revised Code;	78041

(c) A superintendent, board member, or employee of a county	78042
board of developmental disabilities; an administrator, board	78043
member, or employee of a residential facility licensed under	78044
section 5123.19 of the Revised Code; an administrator, board	78045
member, or employee of any other public or private provider of	78046
services to a person with mental retardation or a developmental	78047
disability, or any MR/DD employee, as defined in section 5123.50	78048
of the Revised Code;	78049

(d) A member of a citizen's advisory council established at	78050
an institution or branch institution of the department of	78051
developmental disabilities under section 5123.092 of the Revised	78052
Code;	78053

(e) A member of the clergy who is employed in a position that	78054
includes providing specialized services to an individual with	78055
mental retardation or another developmental disability, while	78056
acting in an official or professional capacity in that position,	78057
or a person who is employed in a position that includes providing	78058
specialized services to an individual with mental retardation or	78059
another developmental disability and who, while acting in an	78060
official or professional capacity, renders spiritual treatment	78061
through prayer in accordance with the tenets of an organized	78062
religion.	78063

(3)(a) The reporting requirements of this division do not	78064
apply to employees of the Ohio protection and advocacy system.	78065

(b) An attorney or physician is not required to make a report	78066
pursuant to division (C)(1) of this section concerning any	78067
communication the attorney or physician receives from a client or	78068
patient in an attorney-client or physician-patient relationship,	78069
if, in accordance with division (A) or (B) of section 2317.02 of	78070
the Revised Code, the attorney or physician could not testify with	78071
respect to that communication in a civil or criminal proceeding,	78072
except that the client or patient is deemed to have waived any	78073
testimonial privilege under division (A) or (B) of section 2317.02	78074
of the Revised Code with respect to that communication and the	78075
attorney or physician shall make a report pursuant to division	78076
(C)(1) of this section, if both of the following apply:	78077

(i) The client or patient, at the time of the communication,	78078
is a person with mental retardation or a developmental disability.	78079

(ii) The attorney or physician knows or suspects, as a result	78080
of the communication or any observations made during that	78081
communication, that the client or patient has suffered or faces a	78082
substantial risk of suffering any wound, injury, disability, or	78083
condition of a nature that reasonably indicates abuse or neglect	78084
of the client or patient.	78085

(4) Any person who fails to make a report required under	78086
division (C) of this section and who is an MR/DD employee, as	78087
defined in section 5123.50 of the Revised Code, shall be eligible	78088
to be included in the registry regarding misappropriation, abuse,	78089
neglect, or other specified misconduct by MR/DD employees	78090
established under section 5123.52 of the Revised Code.	78091

(D) The reports required under division (C) of this section	78092
shall be made forthwith by telephone or in person and shall be	78093
followed by a written report. The reports shall contain the	78094
following:	78095

(1) The names and addresses of the person with mental	78096
retardation or a developmental disability and the person's	78097
custodian, if known;	78098

(2) The age of the person with mental retardation or a	78099
developmental disability;	78100

(3) Any other information that would assist in the	78101
investigation of the report.	78102

(E) When a physician performing services as a member of the	78103
staff of a hospital or similar institution has reason to believe	78104
that a person with mental retardation or a developmental	78105
disability has suffered injury, abuse, or physical neglect, the	78106
physician shall notify the person in charge of the institution or	78107
that person's designated delegate, who shall make the necessary	78108
reports.	78109

(F) Any person having reasonable cause to believe that a	78110
person with mental retardation or a developmental disability has	78111
suffered or faces a substantial risk of suffering abuse or neglect	78112
may report or cause a report to be made of that belief to the	78113
entity specified in this division. Except as provided in section	78114
5120.173 of the Revised Code or as otherwise provided in this	78115
division, the person making the report shall make it to a law	78116
enforcement agency or the county board of developmental	78117
disabilities. If the person is a resident of a facility operated	78118
by the department of developmental disabilities, the report shall	78119
be made to a law enforcement agency or to the department. If the	78120
report concerns any act or omission of an employee of a county	78121
board of developmental disabilities, the report immediately shall	78122
be made to the department and to the county board.	78123

(G)(1) Upon the receipt of a report concerning the possible	78124
abuse or neglect of a person with mental retardation or a	78125
developmental disability, the law enforcement agency shall inform	78126
the county board of developmental disabilities or, if the person	78127
is a resident of a facility operated by the department of	78128
developmental disabilities, the director of the department or the	78129
director's designee.	78130

(2) On receipt of a report under this section that includes	78131
an allegation of action or inaction that may constitute a crime	78132
under federal law or the law of this state, the department of	78133
developmental disabilities shall notify the law enforcement	78134
agency.	78135

(3) When a county board of developmental disabilities	78136
receives a report under this section that includes an allegation	78137
of action or inaction that may constitute a crime under federal	78138
law or the law of this state, the superintendent of the board or	78139
an individual the superintendent designates under division (H) of	78140
this section shall notify the law enforcement agency. The	78141
superintendent or individual shall notify the department of	78142
developmental disabilities when it receives any report under this	78143
section.	78144

(4) When a county board of developmental disabilities	78145
receives a report under this section and believes that the degree	78146
of risk to the person is such that the report is an emergency, the	78147
superintendent of the board or an employee of the board the	78148
superintendent designates shall attempt a face-to-face contact	78149
with the person with mental retardation or a developmental	78150
disability who allegedly is the victim within one hour of the	78151
board's receipt of the report.	78152

(H) The superintendent of the board may designate an	78153
individual to be responsible for notifying the law enforcement	78154
agency and the department when the county board receives a report	78155
under this section.	78156

(I) An adult with mental retardation or a developmental	78157
disability about whom a report is made may be removed from the	78158
adult's place of residence only by law enforcement officers who	78159
consider that the adult's immediate removal is essential to	78160
protect the adult from further injury or abuse or in accordance	78161
with the order of a court made pursuant to section 5126.33 of the	78162
Revised Code.	78163

(J) A law enforcement agency shall investigate each report of	78164
abuse or neglect it receives under this section. In addition, the	78165
department, in cooperation with law enforcement officials, shall	78166
investigate each report regarding a resident of a facility	78167
operated by the department to determine the circumstances	78168
surrounding the injury, the cause of the injury, and the person	78169
responsible. The investigation shall be in accordance with the	78170
memorandum of understanding prepared under section 5126.058 of the	78171
Revised Code. The department shall determine, with the registry	78172
office which shall be maintained by the department, whether prior	78173
reports have been made concerning an adult with mental retardation	78174
or a developmental disability or other principals in the case. If	78175
the department finds that the report involves action or inaction	78176
that may constitute a crime under federal law or the law of this	78177
state, it shall submit a report of its investigation, in writing,	78178
to the law enforcement agency. If the person with mental	78179
retardation or a developmental disability is an adult, with the	78180
consent of the adult, the department shall provide such protective	78181
services as are necessary to protect the adult. The law	78182
enforcement agency shall make a written report of its findings to	78183
the department.	78184

If the person is an adult and is not a resident of a facility	78185
operated by the department, the county board of developmental	78186
disabilities shall review the report of abuse or neglect in	78187
accordance with sections 5126.30 to 5126.33 of the Revised Code	78188
and the law enforcement agency shall make the written report of	78189
its findings to the county board.	78190

(K) Any person or any hospital, institution, school, health	78191
department, or agency participating in the making of reports	78192
pursuant to this section, any person participating as a witness in	78193
an administrative or judicial proceeding resulting from the	78194
reports, or any person or governmental entity that discharges	78195
responsibilities under sections 5126.31 to 5126.33 of the Revised	78196
Code shall be immune from any civil or criminal liability that	78197
might otherwise be incurred or imposed as a result of such actions	78198
except liability for perjury, unless the person or governmental	78199
entity has acted in bad faith or with malicious purpose.	78200

(L) No employer or any person with the authority to do so	78201
shall discharge, demote, transfer, prepare a negative work	78202
performance evaluation, reduce pay or benefits, terminate work	78203
privileges, or take any other action detrimental to an employee or	78204
retaliate against an employee as a result of the employee's having	78205
made a report under this section. This division does not preclude	78206
an employer or person with authority from taking action with	78207
regard to an employee who has made a report under this section if	78208
there is another reasonable basis for the action.	78209

(M) Reports made under this section are not public records as	78210
defined in section 149.43 of the Revised Code. Information	78211
contained in the reports on request shall be made available to the	78212
person who is the subject of the report, to the person's legal	78213
counsel, and to agencies authorized to receive information in the	78214
report by the department or by a county board of developmental	78215
disabilities.	78216

(N) Notwithstanding section 4731.22 of the Revised Code, the	78217
physician-patient privilege shall not be a ground for excluding	78218
evidence regarding the injuries or physical neglect of a person	78219
with mental retardation or a developmental disability or the cause	78220
thereof in any judicial proceeding resulting from a report	78221
submitted pursuant to this section.	78222

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	78223
(E), and (F) of this section, the chief medical officer shall	78224
provide all information, including expected physical and medical	78225
consequences, necessary to enable any resident of an institution	78226
for the mentally retarded to give a fully informed, intelligent,	78227
and knowing consent if any of the following procedures are	78228
proposed:	78229

(1) Surgery;

78230

(2) Convulsive therapy;

78231

(3) Major aversive interventions;

78232

(4) Sterilization;

78233

(5) Experimental procedures;

78234

(6) Any unusual or hazardous treatment procedures.

78235

(B) No resident shall be subjected to any of the procedures	78236
listed in division (A)(4), (5), or (6) of this section without the	78237
resident's informed consent.	78238

(C) If a resident is physically or mentally unable to receive	78239
the information required for surgery under division (A)(1) of this	78240
section, or has been adjudicated incompetent, the information may	78241
be provided to the resident's natural or court-appointed guardian,	78242
including an agency providing guardianship services under contract	78243
with the department of developmental disabilities under sections	78244
5123.55 to 5123.59 of the Revised Code, who may give the informed,	78245
intelligent, and knowing written consent for surgery. Consent for	78246
surgery shall not be provided by a guardian who is an officer or	78247
employee of the department of ~~mental health~~mental health and	78248
addiction services or the department of developmental	78249
disabilities.	78250

If a resident is physically or mentally unable to receive the	78251
information required for surgery under division (A)(1) of this	78252
section and has no guardian, then the information, the	78253
recommendation of the chief medical officer, and the concurring	78254
judgment of a licensed physician who is not a full-time employee	78255
of the state may be provided to the court in the county in which	78256
the institution is located, which may approve the surgery. Before	78257
approving the surgery, the court shall notify the Ohio protection	78258
and advocacy system created by section 5123.60 of the Revised	78259
Code, and shall notify the resident of the resident's rights to	78260
consult with counsel, to have counsel appointed by the court if	78261
the resident is indigent, and to contest the recommendation of the	78262
chief medical officer.	78263

(D) If, in the judgment of two licensed physicians, delay in	78264
obtaining consent for surgery would create a grave danger to the	78265
health of a resident, emergency surgery may be performed without	78266
the consent of the resident if the necessary information is	78267
provided to the resident's guardian, including an agency providing	78268
guardianship services under contract with the department of	78269
developmental disabilities under sections 5123.55 to 5123.59 of	78270
the Revised Code, or to the resident's spouse or next of kin to	78271
enable that person or agency to give an informed, intelligent, and	78272
knowing written consent.	78273

If the guardian, spouse, or next of kin cannot be contacted	78274
through exercise of reasonable diligence, or if the guardian,	78275
spouse, or next of kin is contacted, but refuses to consent, then	78276
the emergency surgery may be performed upon the written	78277
authorization of the chief medical officer and after court	78278
approval has been obtained. However, if delay in obtaining court	78279
approval would create a grave danger to the life of the resident,	78280
the chief medical officer may authorize surgery, in writing,	78281
without court approval. If the surgery is authorized without court	78282
approval, the chief medical officer who made the authorization and	78283
the physician who performed the surgery shall each execute an	78284
affidavit describing the circumstances constituting the emergency	78285
and warranting the surgery and the circumstances warranting their	78286
not obtaining prior court approval. The affidavit shall be filed	78287
with the court with which the request for prior approval would	78288
have been filed within five court days after the surgery, and a	78289
copy of the affidavit shall be placed in the resident's file and	78290
shall be given to the guardian, spouse, or next of kin of the	78291
resident, to the hospital at which the surgery was performed, and	78292
to the Ohio protection and advocacy system created by section	78293
5123.60 of the Revised Code.	78294

(E)(1) If it is the judgment of two licensed physicians, as	78295
described in division (E)(2) of this section, that a medical	78296
emergency exists and delay in obtaining convulsive therapy creates	78297
a grave danger to the life of a resident who is both mentally	78298
retarded and mentally ill, convulsive therapy may be administered	78299
without the consent of the resident if the resident is physically	78300
or mentally unable to receive the information required for	78301
convulsive therapy and if the necessary information is provided to	78302
the resident's natural or court-appointed guardian, including an	78303
agency providing guardianship services under contract with the	78304
department of developmental disabilities under sections 5123.55 to	78305
5123.59 of the Revised Code, or to the resident's spouse or next	78306
of kin to enable that person or agency to give an informed,	78307
intelligent, and knowing written consent. If neither the	78308
resident's guardian, spouse, nor next of kin can be contacted	78309
through exercise of reasonable diligence, or if the guardian,	78310
spouse, or next of kin is contacted, but refuses to consent, then	78311
convulsive therapy may be performed upon the written authorization	78312
of the chief medical officer and after court approval has been	78313
obtained.	78314

(2) The two licensed physicians referred to in division	78315
(E)(1) of this section shall not be associated with each other in	78316
the practice of medicine or surgery by means of a partnership or	78317
corporate arrangement, other business arrangement, or employment.	78318
At least one of the physicians shall be a psychiatrist as defined	78319
in division (E) of section 5122.01 of the Revised Code.	78320

(F) Major aversive interventions shall not be used unless a	78321
resident continues to engage in behavior destructive to self or	78322
others after other forms of therapy have been attempted. Major	78323
aversive interventions shall not be applied to a voluntary	78324
resident without the informed, intelligent, and knowing written	78325
consent of the resident or the resident's guardian, including an	78326
agency providing guardianship services under contract with the	78327
department of developmental disabilities under sections 5123.55 to	78328
5123.59 of the Revised Code.	78329

(G)(1) This chapter does not authorize any form of compulsory	78330
medical or psychiatric treatment of any resident who is being	78331
treated by spiritual means through prayer alone in accordance with	78332
a recognized religious method of healing.	78333

(2) For purposes of this section, "convulsive therapy" does	78334
not include defibrillation.	78335

Sec. 5124.01. As used in this chapter:

78336

(A) "Affiliated operator" means an operator affiliated with	78337
either of the following:	78338

(1) The exiting operator for whom the affiliated operator is	78339
to assume liability for the entire amount of the exiting	78340
operator's debt under the medicaid program or the portion of the	78341
debt that represents the franchise permit fee the exiting operator	78342
owes;	78343

(2) The entering operator involved in the change of operator	78344
with the exiting operator specified in division (A)(1) of this	78345
section.	78346

(B) "Allowable costs" means an ICF/IID's costs that the	78347
department of developmental disabilities determines are	78348
reasonable. Fines paid under section 5124.99 of the Revised Code	78349
are not allowable costs.	78350

(C) "Capital costs" means an ICF/IID's costs of ownership and	78351
costs of nonextensive renovation.	78352

(D) "Case-mix score" means the measure determined under	78353
section 5124.192 of the Revised Code of the relative direct-care	78354
resources needed to provide care and habilitation to an ICF/IID	78355
resident.	78356

(E) "Change of operator" means an entering operator becoming	78357
the operator of an ICF/IID in the place of the exiting operator.	78358

(1) Actions that constitute a change of operator include the	78359
following:	78360

(a) A change in an exiting operator's form of legal	78361
organization, including the formation of a partnership or	78362
corporation from a sole proprietorship;	78363

(b) A transfer of all the exiting operator's ownership	78364
interest in the operation of the ICF/IID to the entering operator,	78365
regardless of whether ownership of any or all of the real property	78366
or personal property associated with the ICF/IID is also	78367
transferred;	78368

(c) A lease of the ICF/IID to the entering operator or the	78369
exiting operator's termination of the exiting operator's lease;	78370

(d) If the exiting operator is a partnership, dissolution of	78371
the partnership;	78372

(e) If the exiting operator is a partnership, a change in	78373
composition of the partnership unless both of the following apply:	78374

(i) The change in composition does not cause the	78375
partnership's dissolution under state law.	78376

(ii) The partners agree that the change in composition does	78377
not constitute a change in operator.	78378

(f) If the operator is a corporation, dissolution of the	78379
corporation, a merger of the corporation into another corporation	78380
that is the survivor of the merger, or a consolidation of one or	78381
more other corporations to form a new corporation.	78382

(2) The following, alone, do not constitute a change of	78383
operator:	78384

(a) A contract for an entity to manage an ICF/IID as the	78385
operator's agent, subject to the operator's approval of daily	78386
operating and management decisions;	78387

(b) A change of ownership, lease, or termination of a lease	78388
of real property or personal property associated with an ICF/IID	78389
if an entering operator does not become the operator in place of	78390
an exiting operator;	78391

(c) If the operator is a corporation, a change of one or more	78392
members of the corporation's governing body or transfer of	78393
ownership of one or more shares of the corporation's stock, if the	78394
same corporation continues to be the operator.	78395

(F) "Cost center" means the following:

78396

(1) Capital costs;

78397

(2) Direct care costs;

78398

(3) Indirect care costs;

78399

(4) Other protected costs.

78400

(G) "Costs of nonextensive renovations" means the actual	78401
expense incurred by an ICF/IID for depreciation or amortization	78402
and interest on renovations that are not extensive renovations.	78403

(H)(1) "Costs of ownership" means the actual expenses	78404
incurred by an ICF/IID for all of the following:	78405

(a) Subject to division (H)(2) of this section, depreciation	78406
and interest on any capital assets that cost five hundred dollars	78407
or more per item, including the following:	78408

(i) Buildings;

78409

(ii) Building improvements that are not approved as	78410
nonextensive renovations under section 5124.17 of the Revised	78411
Code;	78412

(iii) Equipment;

78413

(iv) Extensive renovations;

78414

(v) Transportation equipment.

78415

(b) Amortization and interest on land improvements and	78416
leasehold improvements;	78417

78418

(d) Except as provided in division (Z) of this section, lease	78419
and rent of land, building, and equipment.	78420

(2) The costs of capital assets of less than five hundred	78421
dollars per item may be considered costs of ownership in	78422
accordance with an ICF/IID provider's practice.	78423

(I)(1) "Date of licensure" means the following:

78424

(a) In the case of an ICF/IID that was originally licensed as	78425
a nursing home under Chapter 3721. of the Revised Code, the date	78426
that it was originally so licensed, regardless that it was	78427
subsequently licensed as a residential facility under section	78428
5123.19 of the Revised Code;	78429

(b) In the case of an ICF/IID that was originally licensed as	78430
a residential facility under section 5123.19 of the Revised Code,	78431
the date it was originally so licensed;	78432

(c) In the case of an ICF/IID that was not required by law to	78433
be licensed as a nursing home or residential facility when it was	78434
originally operated as a residential facility, the date it first	78435
was operated as a residential facility, regardless of the date the	78436
ICF/IID was first licensed as a nursing home or residential	78437
facility.	78438

(2) If, after an ICF/IID's original date of licensure, more	78439
residential facility beds are added to the ICF/IID or all or part	78440
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	78441
a different date of licensure for the additional beds or	78442
extensively renovated portion of the ICF/IID. This does not apply,	78443
however, to additional beds when both of the following apply:	78444

(a) The additional beds are located in a part of the ICF/IID	78445
that was constructed at the same time as the continuing beds	78446
already located in that part of the ICF/IID;	78447

(b) The part of the ICF/IID in which the additional beds are	78448
located was constructed as part of the ICF/IID at a time when the	78449
ICF/IID was not required by law to be licensed as a nursing home	78450
or residential facility.	78451

(3) The definition of "date of licensure" in this section	78452
applies in determinations of ICFs/IID's medicaid payment rates but	78453
does not apply in determinations of ICFs/IID's franchise permit	78454
fees under sections 5168.60 to 5168.71 of the Revised Code.	78455

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	78456
on a cost report filed under section 5124.10 or 5124.101 of the	78457
Revised Code have been subjected to a desk review under section	78458
5124.108 of the Revised Code and preliminarily determined to be	78459
allowable costs.	78460

(K) "Developmental center" means a residential facility that	78461
is maintained and operated by the department of developmental	78462
disabilities.	78463

(L) "Direct care costs" means all of the following costs	78464
incurred by an ICF/IID:	78465

(1) Costs for registered nurses, licensed practical nurses,	78466
and nurse aides employed by the ICF/IID;	78467

(2) Costs for direct care staff, administrative nursing	78468
staff, medical directors, respiratory therapists, physical	78469
therapists, physical therapy assistants, occupational therapists,	78470
occupational therapy assistants, speech therapists, audiologists,	78471
habilitation staff (including habilitation supervisors), qualified	78472
intellectual disability professionals, program directors, social	78473
services staff, activities staff, off-site day programming,	78474
psychologists, psychology assistants, social workers, counselors,	78475
and other persons holding degrees qualifying them to provide	78476
therapy;	78477

(3) Costs of purchased nursing services;

78478

(4) Costs of training and staff development, employee	78479
benefits, payroll taxes, and workers' compensation premiums or	78480
costs for self-insurance claims and related costs as specified in	78481
rules adopted under section 5124.03 of the Revised Code, for	78482
personnel listed in divisions (L)(1), (2), and (3) of this	78483
section;	78484

(5) Costs of quality assurance;

78485

(6) Costs of consulting and management fees related to direct	78486
care;	78487

(7) Allocated direct care home office costs;

78488

(8) Costs of other direct-care resources that are specified	78489
as direct care costs in rules adopted under section 5124.03 of the	78490
Revised Code.	78491

(M) "Downsized ICF/IID" means an ICF/IID that permanently	78492
reduced its medicaid-certified capacity pursuant to a plan	78493
approved by the department of developmental disabilities under	78494
section 5123.042 of the Revised Code.	78495

(N) "Effective date of a change of operator" means the day	78496
the entering operator becomes the operator of the ICF/IID.	78497

(O) "Effective date of a facility closure" means the last day	78498
that the last of the residents of the ICF/IID resides in the	78499
ICF/IID.	78500

(P) "Effective date of an involuntary termination" means the	78501
date the department of medicaid terminates the operator's provider	78502
agreement for the ICF/IID or the last day that such a provider	78503
agreement is in effect when the department cancels or refuses to	78504
revalidate it.	78505

(Q) "Effective date of a voluntary termination" means the day	78506
the ICF/IID ceases to accept medicaid recipients.	78507

(R) "Entering operator" means the person or government entity	78508
that will become the operator of an ICF/IID when a change of	78509
operator occurs or following an involuntary termination.	78510

(S) "Exiting operator" means any of the following:

78511

(1) An operator that will cease to be the operator of an	78512
ICF/IID on the effective date of a change of operator;	78513

(2) An operator that will cease to be the operator of an	78514
ICF/IID on the effective date of a facility closure;	78515

(3) An operator of an ICF/IID that is undergoing or has	78516
undergone a voluntary termination;	78517

(4) An operator of an ICF/IID that is undergoing or has	78518
undergone an involuntary termination.	78519

(T)(1) "Extensive renovation" means the following:

78520

(a) An ICF/IID's betterment, improvement, or restoration to	78521
which both of the following apply:	78522

(i) It was started before July 1, 1993;

78523

(ii) It meets the definition of "extensive renovation"	78524
established in rules that were adopted by the director of job and	78525
family services and in effect on December 22, 1992.	78526

(b) An ICF/IID's betterment, improvement, or restoration to	78527
which all of the following apply:	78528

(i) It was started on or after July 1, 1993;

78529

(ii) Except as provided in division (T)(2) of this section,	78530
it costs more than sixty-five per cent and not more than	78531
eighty-five per cent of the cost of constructing a new bed;	78532

(iii) It extends the useful life of the assets for at least	78533
ten years.	78534

(2) The department of developmental disabilities may treat a	78535
renovation that costs more than eighty-five per cent of the cost	78536
of constructing new beds as an extensive renovation if the	78537
department determines that the renovation is more prudent than	78538
construction of new beds.	78539

(3) For the purpose of division (T)(1)(b)(ii) of this	78540
section, the cost of constructing a new bed shall be considered to	78541
be forty thousand dollars, adjusted for the estimated rate of	78542
inflation from January 1, 1993, to the end of the calendar year	78543
during which the extensive renovation is completed, using the	78544
consumer price index for shelter costs for all urban consumers for	78545
the north central region, as published by the United States bureau	78546
of labor statistics.	78547

(U)(1) Subject to divisions (U)(2) and (3) of this section,	78548
"facility closure" means either of the following:	78549

(a) Discontinuance of the use of the building, or part of the	78550
building, that houses the facility as an ICF/IID that results in	78551
the relocation of all of the facility's residents;	78552

(b) Conversion of the building, or part of the building, that	78553
houses an ICF/IID to a different use with any necessary license or	78554
other approval needed for that use being obtained and one or more	78555
of the facility's residents remaining in the facility to receive	78556
services under the new use.	78557

(2) A facility closure occurs regardless of any of the	78558
following:	78559

(a) The operator completely or partially replacing the	78560
ICF/IID by constructing a new ICF/IID or transferring the	78561
ICF/IID's license to another ICF/IID;	78562

(b) The ICF/IID's residents relocating to another of the	78563
operator's ICFs/IID;	78564

(c) Any action the department of health takes regarding the	78565
ICF/IID's medicaid certification that may result in the transfer	78566
of part of the ICF/IID's survey findings to another of the	78567
operator's ICFs/IID;	78568

(d) Any action the department of developmental disabilities	78569
takes regarding the ICF/IID's license under section 5123.19 of the	78570
Revised Code.	78571

(3) A facility closure does not occur if all of the ICF/IID's	78572
residents are relocated due to an emergency evacuation and one or	78573
more of the residents return to a medicaid-certified bed in the	78574
ICF/IID not later than thirty days after the evacuation occurs.	78575

(V) "Fiscal year" means the fiscal year of this state, as	78576
specified in section 9.34 of the Revised Code.	78577

(W) "Franchise permit fee" means the fee imposed by sections	78578
5168.60 to 5168.71 of the Revised Code.	78579

(X) "Home and community-based services" has the same meaning	78580
as in section 5123.01 of the Revised Code.	78581

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	78582
440.150.	78583

(Z)(1) "Indirect care costs" means all reasonable costs	78584
incurred by an ICF/IID other than capital costs, direct care	78585
costs, and other protected costs. "Indirect care costs" includes	78586
costs of habilitation supplies, pharmacy consultants, medical and	78587
habilitation records, program supplies, incontinence supplies,	78588
food, enterals, dietary supplies and personnel, laundry,	78589
housekeeping, security, administration, liability insurance,	78590
bookkeeping, purchasing department, human resources,	78591
communications, travel, dues, license fees, subscriptions, home	78592
office costs not otherwise allocated, legal services, accounting	78593
services, minor equipment, maintenance and repair expenses,	78594
help-wanted advertising, informational advertising, start-up	78595
costs, organizational expenses, other interest, property	78596
insurance, employee training and staff development, employee	78597
benefits, payroll taxes, and workers' compensation premiums or	78598
costs for self-insurance claims and related costs, as specified in	78599
rules adopted under section 5124.03of the Revised Code, for	78600
personnel listed in this division. Notwithstanding division (H) of	78601
this section, "indirect care costs" also means the cost of	78602
equipment, including vehicles, acquired by operating lease	78603
executed before December 1, 1992, if the costs are reported as	78604
administrative and general costs on the ICF/IID's cost report for	78605
the cost reporting period ending December 31, 1992.	78606

(2) For the purpose of division (Z)(1) of this section, an	78607
operating lease shall be construed in accordance with generally	78608
accepted accounting principles.	78609

(AA) "Inpatient days" means both of the following:

78610

(1) All days during which a resident, regardless of payment	78611
source, occupies a bed in an ICF/IID that is included in the	78612
ICF/IID's medicaid-certified capacity;	78613

(2) All days for which payment is made under section 5124.34	78614
of the Revised Code.	78615

(BB) "Intermediate care facility for individuals with	78616
intellectual disabilities" and "ICF/IID" mean an intermediate care	78617
facility for the mentally retarded as defined in the "Social	78618
Security Act," section 1905(d), 42 U.S.C. 1396d(d).	78619

(CC) "Involuntary termination" means the department of	78620
medicaid's termination of, cancellation of, or refusal to	78621
revalidate the operator's provider agreement for the ICF/IID when	78622
such action is not taken at the operator's request.	78623

(DD) "Low resource utilization resident" means a medicaid	78624
recipient residing in an ICF/IID who is placed in the typical	78625
adaptive needs and nonsignificant behaviors classification	78626
pursuant to the resident assessment instrument and grouper	78627
methodology established in rules authorized by sections 5124.191	78628
and 5124.192 of the Revised Code.	78629

(EE) "Maintenance and repair expenses" means, except as	78630
provided in division (UU)(2)(b) of this section, expenditures that	78631
are necessary and proper to maintain an asset in a normally	78632
efficient working condition and that do not extend the useful life	78633
of the asset two years or more. "Maintenance and repair expenses"	78634
includes the costs of ordinary repairs such as painting and	78635
wallpapering.	78636

(FF) "Medicaid-certified capacity" means the number of an	78637
ICF/IID's beds that are certified for participation in medicaid as	78638
ICF/IID beds.	78639

(GG) "Medicaid days" means both of the following:

78640

(1) All days during which a resident who is a medicaid	78641
recipient eligible for ICF/IID services occupies a bed in an	78642
ICF/IID that is included in the ICF/IID's medicaid-certified	78643
capacity;	78644

(2) All days for which payment is made under section 5124.34	78645
of the Revised Code.	78646

(HH)(1) "New ICF/IID" means an ICF/IID for which the provider	78647
obtains an initial provider agreement following the director of	78648
health's medicaid certification of the ICF/IID, including such an	78649
ICF/IID that replaces one or more ICFs/IID for which a provider	78650
previously held a provider agreement.	78651

(2) "New ICF/IID" does not mean either of the following:

78652

(a) An ICF/IID for which the entering operator seeks a	78653
provider agreement pursuant to section 5124.511 or 5124.512 or	78654
(pursuant to section 5124.515) section 5124.07 of the Revised	78655
Code;	78656

(b) A downsized ICF/IID or partially converted ICF/IID.

78657

(II) "Nursing home" has the same meaning as in section	78658
3721.01 of the Revised Code.	78659

(JJ) "Operator" means the person or government entity	78660
responsible for the daily operating and management decisions for	78661
an ICF/IID.	78662

(KK) "Other protected costs" means costs incurred by an	78663
ICF/IID for medical supplies; real estate, franchise, and property	78664
taxes; natural gas, fuel oil, water, electricity, sewage, and	78665
refuse and hazardous medical waste collection; allocated other	78666
protected home office costs; and any additional costs defined as	78667
other protected costs in rules adopted under section 5124.03 of	78668
the Revised Code.	78669

(LL)(1) "Owner" means any person or government entity that	78670
has at least five per cent ownership or interest, either directly,	78671
indirectly, or in any combination, in any of the following	78672
regarding an ICF/IID:	78673

(a) The land on which the ICF/IID is located;

78674

(b) The structure in which the ICF/IID is located;

78675

(c) Any mortgage, contract for deed, or other obligation	78676
secured in whole or in part by the land or structure on or in	78677
which the ICF/IID is located;	78678

(d) Any lease or sublease of the land or structure on or in	78679
which the ICF/IID is located.	78680

(2) "Owner" does not mean a holder of a debenture or bond	78681
related to an ICF/IID and purchased at public issue or a regulated	78682
lender that has made a loan related to the ICF/IID unless the	78683
holder or lender operates the ICF/IID directly or through a	78684
subsidiary.	78685

(MM) "Partially converted ICF/IID" means an ICF/IID that	78686
converted some, but not all, of its beds to providing home and	78687
community-based services under the individual options waiver	78688
pursuant to section 5124.60 of the Revised Code.	78689

(NN)(1) Except as provided in divisions (NN)(2) and (3) of	78690
this section, "per diem" means an ICF/IID's desk-reviewed, actual,	78691
allowable costs in a given cost center in a cost reporting period,	78692
divided by the facility's inpatient days for that cost reporting	78693
period.	78694

(2) When determining capital costs for the purpose of section	78695
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	78696
allowable capital costs in a cost-reporting period divided by the	78697
greater of the facility's inpatient days for that period or the	78698
number of inpatient days the ICF/IID would have had during that	78699
period if its occupancy rate had been ninety-five per cent.	78700

(3) When determining indirect care costs for the purpose of	78701
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	78702
actual, allowable indirect care costs in a cost-reporting period	78703
divided by the greater of the ICF/IID's inpatient days for that	78704
period or the number of inpatient days the ICF/IID would have had	78705
during that period if its occupancy rate had been eighty-five per	78706
cent.	78707

(OO) "Provider" means an operator with a valid provider	78708
agreement.	78709

(PP) "Provider agreement" means a provider agreement, as	78710
defined in section 5164.01 of the Revised Code, that is between	78711
the department of medicaid and the operator of an ICF/IID for the	78712
provision of ICF/IID services under the medicaid program.	78713

(QQ) "Purchased nursing services" means services that are	78714
provided in an ICF/IID by registered nurses, licensed practical	78715
nurses, or nurse aides who are not employees of the ICF/IID.	78716

(RR) "Reasonable" means that a cost is an actual cost that is	78717
appropriate and helpful to develop and maintain the operation of	78718
resident care facilities and activities, including normal standby	78719
costs, and that does not exceed what a prudent buyer pays for a	78720
given item or services. Reasonable costs may vary from provider to	78721
provider and from time to time for the same provider.	78722

(SS) "Related party" means an individual or organization	78723
that, to a significant extent, has common ownership with, is	78724
associated or affiliated with, has control of, or is controlled	78725
by, a provider.	78726

(1) An individual who is a relative of an owner is a related	78727
party.	78728

(2) Common ownership exists when an individual or individuals	78729
possess significant ownership or equity in both the provider and	78730
the other organization. Significant ownership or equity exists	78731
when an individual or individuals possess five per cent ownership	78732
or equity in both the provider and a supplier. Significant	78733
ownership or equity is presumed to exist when an individual or	78734
individuals possess ten per cent ownership or equity in both the	78735
provider and another organization from which the provider	78736
purchases or leases real property.	78737

(3) Control exists when an individual or organization has the	78738
power, directly or indirectly, to significantly influence or	78739
direct the actions or policies of an organization.	78740

(4) An individual or organization that supplies goods or	78741
services to a provider shall not be considered a related party if	78742
all of the following conditions are met:	78743

(a) The supplier is a separate bona fide organization.

78744

(b) A substantial part of the supplier's business activity of	78745
the type carried on with the provider is transacted with others	78746
than the provider and there is an open, competitive market for the	78747
types of goods or services the supplier furnishes.	78748

(c) The types of goods or services are commonly obtained by	78749
other ICFs/IID from outside organizations and are not a basic	78750
element of resident care ordinarily furnished directly to	78751
residents by the ICFs/IID.	78752

(d) The charge to the provider is in line with the charge for	78753
the goods or services in the open market and no more than the	78754
charge made under comparable circumstances to others by the	78755
supplier.	78756

(TT) "Relative of owner" means an individual who is related	78757
to an owner of an ICF/IID by one of the following relationships:	78758

(1) Spouse;

78759

(2) Natural parent, child, or sibling;

78760

(3) Adopted parent, child, or sibling;

78761

(4) Stepparent, stepchild, stepbrother, or stepsister;

78762

(5) Father-in-law, mother-in-law, son-in-law,	78763
daughter-in-law, brother-in-law, or sister-in-law;	78764

(6) Grandparent or grandchild;

78765

(7) Foster caregiver, foster child, foster brother, or foster	78766
sister.	78767

(UU)(1) "Renovation" means the following:

78768

(a) An ICF/IID's betterment, improvement, or restoration to	78769
which both of the following apply:	78770

(i) It was started before July 1, 1993;

78771

(ii) It meets the definition of "renovation" established in	78772
rules that were adopted by the director of job and family services	78773
and in effect on December 22, 1992.	78774

(b) An ICF/IID's betterment, improvement, or restoration to	78775
which both of the following apply:	78776

(i) It was started on or after July 1, 1993;

78777

(ii) It betters, improves, or restores the ICF/IID beyond its	78778
current functional capacity through a structural change that costs	78779
at least five hundred dollars per bed.	78780

(2) A renovation started on or after July 1, 1993, may	78781
include both of the following:	78782

(a) A betterment, improvement, restoration, or replacement of	78783
assets that are affixed to a building and have a useful life of at	78784
least five years;	78785

(b) Costs that otherwise would be considered maintenance and	78786
repair expenses if they are an integral part of the structural	78787
change that makes up the renovation project.	78788

(3) "Renovation" does not mean construction of additional	78789
space for beds that will be added to an ICF/IID's licensed	78790
capacity or medicaid-certified capacity.	78791

(VV) "Residential facility" has the same meaning as in	78792
section 5123.19 of the Revised Code.	78793

(WW) "Sponsor" means an adult relative, friend, or guardian	78794
of an ICF/IID resident who has an interest or responsibility in	78795
the resident's welfare.	78796

(XX) "Title XIX" means Title XIX of the "Social Security	78797
Act," 42 U.S.C. 1396, et seq.	78798

(YY) "Title XVIII" means Title XVIII of the "Social Security	78799
Act," 42 U.S.C. 1395, et seq.	78800

(ZZ) "Voluntary termination" means an operator's voluntary	78801
election to terminate the participation of an ICF/IID in the	78802
medicaid program but to continue to provide service of the type	78803
provided by a residential facility as defined in section 5123.19	78804
of the Revised Code.	78805

~~Sec. 5111.226.~~ Sec. 5124.02. ~~Subject, if needed, to the approval~~	78806
~~of the United States secretary of health and human services, the~~	78807
The department of ~~job and family services~~medicaid shall enter	78808
into a contract with the department of developmental disabilities	78809
under section ~~5111.91~~5162.35 of the Revised Code that provides	78810
for the department of developmental disabilities to assume the	78811
powers and duties of the department of ~~job and family services~~	78812
medicaid with regard to the medicaid program's coverage of	78813
ICF/IID services ~~provided by intermediate care facilities for the~~	78814
~~mentally retarded~~. The contract shall include a schedule for the	78815
assumption of the powers and duties. Except as otherwise	78816
authorized by the United States secretary of health and human	78817
services, no provision of the contract may violate a federal law	78818
or regulation governing the medicaid program. ~~Once the contract~~	78819
~~goes into effect, all references to the department of job and~~	78820
~~family services, and all references to the director of job and~~	78821
~~family services, with regard to intermediate care facilities for~~	78822
~~the mentally retarded that are in law enacted by the general~~	78823
~~assembly shall be deemed to be references to the department of~~	78824
~~developmental disabilities and director of developmental~~	78825
~~disabilities, respectively, to the extent necessary to implement~~	78826
~~the terms of the contract.~~	78827

Sec. 5124.03. To the extent authorized by rules authorized	78828
by section 5162.021 of the Revised Code, the director of	78829
developmental disabilities shall adopt rules in accordance with	78830
Chapter 119. of the Revised Code as necessary to implement this	78831
chapter.	78832

Sec. 5124.05. The medicaid program shall cover ICF/IID	78833
services when all of the following apply:	78834

(A) The ICF/IID services are provided to a medicaid recipient	78835
eligible for the services.	78836

(B) The ICF/IID services are provided by an ICF/IID for which	78837
the provider has a valid provider agreement.	78838

(C) Federal financial participation is available for the	78839
ICF/IID services.	78840

Sec. 5124.06. (A) Subject to section 5124.072 of the Revised	78841
Code, an ICF/IID operator is eligible to enter into a provider	78842
agreement for an ICF/IID if all of the following apply:	78843

(1) The ICF/IID is certified by the director of health for	78844
participation in medicaid;	78845

(2) The ICF/IID is licensed by the director of developmental	78846
disabilities as a residential facility;	78847

(3) Subject to division (B) of this section, the operator and	78848
ICF/IID comply with all applicable state and federal statutes and	78849
rules.	78850

(B) A state rule that requires an ICF/IID operator to have	78851
received approval of a plan for the proposed ICF/IID pursuant to	78852
section 5123.042 of the Revised Code as a condition of the	78853
operator being eligible to receive medicaid payments for ICF/IID	78854
services the ICF/IID provides does not apply if, under former	78855
section 5123.193 of the Revised Code as enacted by Am. Sub. H.B. 1	78856
of the 128th general assembly or section 5123.197 of the Revised	78857
Code, a residential facility license was obtained or modified for	78858
the ICF/IID without obtaining approval of such a plan.	78859

Sec. 5124.07. (A) Except as provided in section 5124.072 of	78860
the Revised Code, the department of medicaid shall enter into a	78861
provider agreement with an ICF/IID operator who applies, and is	78862
eligible, for the provider agreement.	78863

(B) A provider agreement shall require the department of	78864
developmental disabilities, pursuant to its agreement with the	78865
department of medicaid under section 5124.02 of the Revised Code,	78866
to make medicaid payments to the provider in accordance with this	78867
chapter for ICF/IID services the ICF/IID provides to its residents	78868
who are medicaid recipients eligible for ICF/IID services.	78869

(C) A provider agreement shall require the provider to do all	78870
of the following:	78871

(1) Maintain eligibility for the provider agreement as	78872
provided in section 5124.06 of the Revised Code;	78873

(2) Keep records relating to a cost reporting period for the	78874
greater of seven years after the cost report is filed or, if the	78875
department of developmental disabilities issues an audit report in	78876
accordance with section 5124.109 of the Revised Code, six years	78877
after all appeal rights relating to the audit report are	78878
exhausted;	78879

(3) File reports as the department of developmental	78880
disabilities requires;	78881

(4) Open all records relating to the costs of the ICF/IID's	78882
services for inspection and audit by the department of	78883
developmental disabilities;	78884

(5) Open its premises for inspection by the department of	78885
developmental disabilities, department of health, and any other	78886
state or local authority having authority to inspect;	78887

(6) Supply to the department of developmental disabilities	78888
such information as it requires concerning the ICF/IID's services	78889
to residents who are, or are eligible to be, medicaid recipients;	78890

(7) Comply with section 5124.08 of the Revised Code.

78891

(D) A provider agreement may contain other provisions that	78892
are consistent with law and considered necessary by the department	78893
of medicaid or the department of developmental disabilities.	78894

Sec. 5124.071. An ICF/IID operator may enter into provider	78895
agreements for more than one ICF/IID.	78896

Sec. 5124.072. The department of medicaid, in accordance	78897
with rules adopted under section 5165.02 of the Revised Code, may	78898
elect not to enter into, not to revalidate, or to terminate an	78899
ICF/IID provider agreement when the department determines that	78900
such an agreement would not be in the best interests of medicaid	78901
recipients or the state. The department shall not revalidate an	78902
ICF/IID provider agreement if the provider fails to maintain	78903
eligibility for the provider agreement as provided in section	78904
5124.06 of the Revised Code.	78905

Sec. 5124.08. (A) Every provider agreement with an ICF/IID	78906
provider shall do both of the following:	78907

(1) Except as provided by division (B) of this section,	78908
include any part of the ICF/IID that meets federal and state	78909
standards for medicaid certification;	78910

(2) Prohibit the provider from doing either of the following:

78911

(a) Discriminating against a resident on the basis of race,	78912
color, sex, creed, or national origin;	78913

(b) Subject to division (D) of this section, failing or	78914
refusing to do either of the following:	78915

(i) Admit as a resident of the ICF/IID an individual because	78916
the individual is, or may (as a resident of the ICF/IID) become, a	78917
medicaid recipient if less than eighty per cent of the ICF/IID's	78918
residents are medicaid recipients;	78919

(ii) Retain as a resident of the ICF/IID an individual	78920
because the individual is, or may (as a resident of the ICF/IID)	78921
become, a medicaid recipient.	78922

(B) Unless otherwise required by federal law, an ICF/IID bed	78923
is not required to be included in a provider agreement if the bed	78924
is designated for respite care under a medicaid waiver component	78925
operated pursuant to a waiver sought under section 5166.20 of the	78926
Revised Code.	78927

(C) For the purpose of division (A)(2)(b)(ii) of this	78928
section, a medicaid recipient who is a resident of an ICF/IID	78929
shall be considered a resident of the ICF/IID during any hospital	78930
stays totaling less than twenty-five days during any twelve-month	78931
period. A medicaid recipient identified by the department of	78932
developmental disabilities or its designee as requiring the level	78933
of care of an ICF/IID shall not be subject to a maximum period of	78934
absences during which the recipient is considered to be an ICF/IID	78935
resident if prior authorization of the department for visits with	78936
relatives and friends and participation in therapeutic programs is	78937
obtained in accordance with rules adopted under section 5124.03 of	78938
the Revised Code.	78939

(D) Nothing in this section shall bar a provider from doing	78940
any of the following:	78941

(1) If the provider is a religious organization operating a	78942
religious or denominational ICF/IID, giving preference to persons	78943
of the same religion or denomination;	78944

(2) Giving preference to persons with whom the provider has	78945
contracted to provide continuing care;	78946

(3) Retaining residents who have resided in the provider's	78947
ICF/IID for not less than one year as private pay residents and	78948
who subsequently become medicaid recipients but refusing to admit	78949
as a resident an individual who is, or may (as a resident of the	78950
ICF/IID) become, a medicaid recipient, if all of the following	78951
apply:	78952

(a) The provider does not refuse to retain a resident who has	78953
resided in the provider's ICF/IID for not less than one year as a	78954
private pay resident because the resident becomes a medicaid	78955
recipient, except as necessary to comply with division (D)(3)(b)	78956
of this section.	78957

(b) The number of medicaid recipients retained under division	78958
(D)(3) of this section does not at any time exceed ten per cent of	78959
all the ICF/IID's residents.	78960

(c) On July 1, 1980, all the ICF/IID's residents were private	78961
pay residents.	78962

(E) No provider shall violate the provider agreement	78963
obligations imposed by this section.	78964

Sec. 5124.081. An ICF/IID resident has a cause of action	78965
against the provider of the ICF/IID for breach of the provider	78966
agreement obligations or other duties imposed by section 5124.08	78967
of the Revised Code. The action may be commenced by the resident,	78968
or on the resident's behalf by the resident's sponsor, by the	78969
filing of a civil action in the court of common pleas of the	78970
county in which the ICF/IID is located or in the court of common	78971
pleas of Franklin county.	78972

If a court of common pleas finds that a provider has breached	78973
a provider agreement obligation or other duty imposed by section	78974
5124.08 of the Revised Code, the court may do one or more of the	78975
following:	78976

(A) Enjoin the provider from engaging in the practice;

78977

(B) Order such affirmative relief as may be necessary;

78978

(C) Award to a resident and a sponsor that brings the action	78979
on behalf of a resident actual damages, costs, and reasonable	78980
attorney's fees.	78981

Sec. 5124.10. (A) Except as provided in division (D) of this	78982
section and division (E)(2) of section 5124.101 of the Revised	78983
Code, each ICF/IID provider shall file with the department of	78984
developmental disabilities an annual cost report for each of the	78985
provider's ICFs/IID for which the provider has a valid provider	78986
agreement. The cost report for a year shall cover the calendar	78987
year or portion of the calendar year during which the ICF/IID	78988
participated in the medicaid program. Except as provided in	78989
division (E) of this section, the cost report is due not later	78990
than ninety days after the end of the calendar year, or portion of	78991
the calendar year, that the cost report covers.	78992

(B)(1) If an ICF/IID undergoes a change of provider that the	78993
department determines, in accordance with rules adopted under	78994
section 5124.03 of the Revised Code, is not an arms length	78995
transaction, the new provider shall file the ICF/IID's cost report	78996
in accordance with division (A) of this section and the cost	78997
report shall cover the portion of the calendar year during which	78998
the new provider operated the ICF/IID and the portion of the	78999
calendar year during which the previous provider operated the	79000
ICF/IID.	79001

(2) If an ICF/IID undergoes a change of provider that the	79002
department determines, in accordance with rules adopted under	79003
section 5124.03 of the Revised Code, is an arms length	79004
transaction, the new provider shall file with the department a	79005
cost report for the ICF/IID not later than, except as provided in	79006
division (E) of this section, ninety days after the end of the	79007
ICF/IID's first three full calendar months of operation under the	79008
new provider. The cost report shall cover the period that begins	79009
with the ICF/IID's first day of operation under the new provider	79010
and ends on the first day of the month immediately following the	79011
first three full months of operation under the new provider.	79012

(C) If the medicaid payment rate for a new ICF/IID was most	79013
recently determined in accordance with section 5124.151 of the	79014
Revised Code, the provider shall file with the department a cost	79015
report for the new ICF/IID not later than, except as provided in	79016
division (E) of this section, ninety days after the end of the new	79017
ICF/IID's first three full calendar months of operation. The cost	79018
report shall cover the period that begins with the ICF/IID's first	79019
day of operation and ends on the first day of the month	79020
immediately following the first three full months of operation.	79021

(D) An ICF/IID provider is not required to file a cost report	79022
for an ICF/IID for a calendar year in accordance with division (A)	79023
of this section if the provider files a cost report for the	79024
ICF/IID under division (B)(2) or (C) of this section and that cost	79025
report covers a period that begins after the first day of October	79026
of that calendar year. The provider shall file a cost report for	79027
the ICF/IID in accordance with division (A) of this section for	79028
the immediately following calendar year.	79029

(E) The department may grant to a provider a fourteen-day	79030
extension to file a cost report under this section or section	79031
5124.101 of the Revised Code if the provider provides the	79032
department a written request for the extension and the department	79033
determines that there is good cause for the extension.	79034

Sec. 5124.101. (A) The provider of an ICF/IID that becomes a	79035
downsized ICF/IID or partially converted ICF/IID may file with the	79036
department of developmental disabilities a cost report covering	79037
the period specified in division (B) of this section if the	79038
ICF/IID has both of the following on the day it becomes a	79039
downsized ICF/IID or partially converted ICF/IID:	79040

(1) A medicaid-certified capacity that is at least ten per	79041
cent less than its medicaid-certified capacity on the day	79042
immediately preceding the day it becomes a downsized ICF/IID or	79043
partially converted ICF/IID;	79044

(2) At least five fewer beds certified as ICF/IID beds than	79045
it has on the day immediately preceding the day it becomes a	79046
downsized ICF/IID or partially converted ICF/IID.	79047

(B) A cost report filed under division (A) of this section	79048
shall cover the period that begins with the day that the ICF/IID	79049
becomes a downsized ICF/IID or partially converted ICF/IID and	79050
ends on the first day of the month immediately following the first	79051
three full months of operation as a downsized ICF/IID or partially	79052
converted ICF/IID.	79053

(C) The department shall refuse to accept a cost report filed	79054
under division (A) of this section if either of the following	79055
apply:	79056

(1) Except as provided in division (E) of section 5124.10 of	79057
the Revised Code, the provider fails to file the cost report with	79058
the department not later than ninety days after the last day of	79059
the period the cost report covers;	79060

(2) The cost report is incomplete or inadequate.

79061

(D) If the department accepts a cost report filed under	79062
division (A) of this section, the department shall determine the	79063
ICF/IID's medicaid payment rate in accordance with this chapter	79064
using that cost report. The provider shall be paid that rate for	79065
ICF/IID services the ICF/IID provides during the period that	79066
begins and ends as follows:	79067

(1) The period begins on the following:

79068

(a) The day that the ICF/IID becomes a downsized ICF/IID or	79069
partially converted ICF/IID if that day is the first day of a	79070
month;	79071

(b) The first day of the month immediately following the	79072
month that the ICF/IID becomes a downsized ICF/IID or partially	79073
converted ICF/IID if division (D)(1)(a) of this section does not	79074
apply.	79075

(2) The period ends on the first day of the fiscal year for	79076
which the ICF/IID begins to be paid a rate determined using a cost	79077
report that division (E) of this section requires be filed in	79078
accordance with division (A) of section 5124.10 of the Revised	79079
Code.	79080

(E)(1) If the department accepts a cost report filed under	79081
division (A) of this section for an ICF/IID that becomes a	79082
downsized ICF/IID or partially converted ICF/IID on or before the	79083
first day of October of a calendar year, the provider also shall	79084
file a cost report for the ICF/IID in accordance with division (A)	79085
of section 5124.10 of the Revised Code for the portion of that	79086
calendar year that the ICF/IID operated as a downsized ICF/IID or	79087
partially converted ICF/IID.	79088

(2) If the department accepts a cost report filed under	79089
division (A) of this section for an ICF/IID that becomes a	79090
downsized ICF/IID or partially converted ICF/IID after the first	79091
day of October of a calendar year, the provider is not required to	79092
file a cost report for that calendar year in accordance with	79093
division (A) of section 5124.10 of the Revised Code. The provider	79094
shall file a cost report for the ICF/IID in accordance with	79095
division (A) of section 5124.10 of the Revised Code for the	79096
immediately following calendar year.	79097

Sec. 5124.102. No ICF/IID provider shall report fines paid	79098
under section 5124.99 of the Revised Code in a cost report filed	79099
under section 5124.10, 5124.101, or 5124.522 of the Revised Code.	79100

Sec. 5124.103. Cost reports shall be completed using the	79101
form prescribed under section 5124.104 of the Revised Code and in	79102
accordance with the guidelines established under that section.	79103

Sec. 5124.104. The department of developmental disabilities	79104
shall do all of the following:	79105

(A) Prescribe the form to be used for completing a cost	79106
report and a uniform chart of accounts for the purpose of	79107
reporting costs on the form;	79108

(B) Distribute a paper copy of the form, or computer software	79109
for electronic submission of the form, to each provider at least	79110
sixty days before the date the cost report is due;	79111

79112

Sec. 5124.105. The department of developmental disabilities	79113
shall develop an addendum to the cost report form that an ICF/IID	79114
provider may use to set forth costs that the provider believes the	79115
department may dispute. The department may consider such costs in	79116
determining an ICF/IID's medicaid payment rate. If the department	79117
does not consider such costs in determining an ICF/IID's medicaid	79118
payment rate, the provider may seek reconsideration of the	79119
determination in accordance with section 5124.38 of the Revised	79120
Code. If the department subsequently includes such costs in an	79121
ICF/IID's medicaid payment rate, the department shall pay the	79122
provider interest at a reasonable rate established in rules	79123
adopted under section 5124.03 of the Revised Code for the period	79124
that the rate excluded the costs.	79125

Sec. 5124.106. If an ICF/IID provider required by section	79126
5124.10 of the Revised Code to file a cost report for the ICF/IID	79127
fails to file the cost report by the date it is due or the date,	79128
if any, to which the due date is extended pursuant to division (E)	79129
of that section, or files an incomplete or inadequate report for	79130
the ICF/IID under that section, the department of developmental	79131
disabilities shall provide immediate written notice to the	79132
provider that the provider agreement for the ICF/IID will be	79133
terminated in thirty days unless the provider submits a complete	79134
and adequate cost report for the ICF/IID within thirty days.	79135
During the thirty-day termination period or any additional time	79136
allowed for an appeal of the proposed termination of a provider	79137
agreement, the provider shall be paid the ICF/IID's then current	79138
per medicaid day payment rate, minus the dollar amount by which	79139
ICFs/IID's per medicaid day payment rates are reduced during	79140
fiscal year 2013 in accordance with division (A)(2) of section	79141
5111.26 of the Revised Code (renumbered as section 5165.10 of the	79142
Revised Code by H.B. ... of the 130th general assembly) as that	79143
section existed on the day immediately preceding the effective	79144
date of this section. On the first day of each July, the	79145
department shall adjust the amount of the reduction in effect	79146
during the previous twelve months to reflect the rate of inflation	79147
during the preceding twelve months, as shown in the consumer price	79148
index for all items for all urban consumers for the north central	79149
region, published by the United States bureau of labor statistics.	79150

Sec. 5124.107. (A) Except as provided in division (B) of	79151
this section and not later than three years after an ICF/IID	79152
provider files a cost report with the department of developmental	79153
disabilities under section 5124.10 or 5124.101 of the Revised	79154
Code, the provider may amend the cost report if the provider	79155
discovers a material error in the cost report or additional	79156
information to be included in the cost report. The department	79157
shall review the amended cost report for accuracy and notify the	79158
provider of its determination.	79159

(B) An ICF/IID provider may not amend a cost report if the	79160
department has notified the provider that an audit of the cost	79161
report or a cost report of the provider for a subsequent cost	79162
reporting period is to be conducted under section 5124.109 of the	79163
Revised Code. The provider may, however, provide the department	79164
information that affects the costs included in the cost report.	79165
Such information may not be provided after the adjudication of the	79166
final settlement of the cost report.	79167

Sec. 5124.108. The department of developmental disabilities	79168
shall conduct a desk review of all cost reports it receives under	79169
sections 5124.10, 5124.101, and 5124.522 of the Revised Code.	79170
Based on the desk review, the department shall make a preliminary	79171
determination of whether the reported costs are allowable costs.	79172
The department shall notify each ICF/IID provider of whether any	79173
of the reported costs are preliminarily determined not to be	79174
allowable costs, the medicaid payment rate determined under this	79175
chapter as a result of the determination regarding allowable	79176
costs, and the reasons for the determination and resulting rate.	79177
The department shall allow the provider to verify the calculation	79178
and submit additional information.	79179

Sec. 5124.109. (A) The department of developmental	79180
disabilities may conduct an audit, as defined in rules adopted	79181
under section 5124.03 of the Revised Code, of any cost report	79182
filed under section 5124.10, 5124.101, or 5124.522 of the Revised	79183
Code. The decision whether to conduct an audit and the scope of	79184
the audit, which may be a desk or field audit, may be determined	79185
based on prior performance of the provider, a risk analysis, or	79186
other evidence that gives the department reason to believe that	79187
the provider has reported costs improperly. A desk or field audit	79188
may be performed annually, but is required whenever a provider	79189
does not pass the risk analysis tolerance factors.	79190

(B) Audits shall be conducted by auditors under contract with	79191
the department, auditors working for firms under contract with the	79192
department, or auditors employed by the department.	79193

The department may establish a contract for the auditing of	79194
ICFs/IID by outside firms. Each contract entered into by bidding	79195
shall be effective for one to two years.	79196

(C) The department shall notify a provider of the findings of	79197
an audit of a cost report by issuing an audit report. The	79198
department shall issue the audit report not later than three years	79199
after the earlier of the following:	79200

(1) The date the cost report is filed;

79201

(2) The date a desk or field audit of the cost report or a	79202
cost report for a subsequent cost reporting period is completed.	79203

(D) The department shall prepare a written summary of any	79204
audit disallowance that is made after the effective date of the	79205
rate that is based on the cost. Where the provider is pursuing	79206
judicial or administrative remedies in good faith regarding the	79207
disallowance, the department shall not withhold from the	79208
provider's current payments any amounts the department claims to	79209
be due from the provider pursuant to section 5124.41 of the	79210
Revised Code.	79211

(E)(1) The department shall establish an audit manual and	79212
program for field audits conducted under this section. Each	79213
auditor conducting a field audit under this section shall follow	79214
the audit manual and program, regardless of whether the auditor is	79215
under contract with the department, works for a firm under	79216
contract with the department, or is employed by the department.	79217
The manual and program shall do both of the following:	79218

(a) Require each field audit to be conducted by an auditor to	79219
whom all of the following apply:	79220

(i) During the period of the auditor's contract, firm's	79221
contract, or auditor's employment with the department, the auditor	79222
or firm does not have and is not committed to acquire any direct	79223
or indirect financial interest in the ownership, financing, or	79224
operation of ICFs/IID in this state.	79225

(ii) The auditor does not audit any provider that has been a	79226
client of the auditor or the auditor's firm.	79227

(iii) The auditor is otherwise independent as determined by	79228
the standards of independence included in the government auditing	79229
standards produced by the United States government accountability	79230
office.	79231

(b) Require each auditor conducting a field audit to do all	79232
of the following:	79233

(i) Comply with applicable rules prescribed pursuant to Title	79234
XIX;	79235

(ii) Consider generally accepted auditing standards	79236
prescribed by the American institute of certified public	79237
accountants;	79238

(iii) Include a written summary as to whether the costs	79239
included in the cost report examined during the audit are	79240
allowable and are presented in accordance with state and federal	79241
laws and regulations, and whether, in all material respects,	79242
allowable costs are documented, reasonable, and related to patient	79243
care;	79244

(iv) Complete the audit within the time period specified by	79245
the department;	79246

(v) Provide to the provider complete written interpretations	79247
that explain in detail the application of all relevant contract	79248
provisions, regulations, auditing standards, rate formulae, and	79249
departmental policies, with explanations and examples, that are	79250
sufficient to permit the provider to calculate with reasonable	79251
certainty those costs that are allowable and the rate to which the	79252
provider's ICF/IID is entitled.	79253

(2) For the purpose of division (E)(1)(a)(i) of this section,	79254
employment of a member of an auditor's family by an ICF/IID that	79255
the auditor does not audit does not constitute a direct or	79256
indirect financial interest in the ownership, financing, or	79257
operation of the ICF/IID.	79258

~~Sec. 5111.224.~~ Sec. 5124.15. (A) Except as otherwise provided by	79259
sections ~~5111.20~~5165.151 to ~~5111.331~~5165.155 of the Revised Code	79260
and by division (B) of this section, the ~~payments~~total per	79261
medicaid day payment rate that the department of ~~job and family~~	79262
~~services~~developmental disabilities shall ~~agree to make~~pay to ~~the~~	79263
an ICF/IID provider ~~of an intermediate care facility for the~~	79264
~~mentally retarded pursuant to a provider agreement~~for ICF/IID	79265
services the provider's ICF/IID provides during a fiscal year	79266
shall equal the sum of all of the following:	79267

(1) The per medicaid day payment rate for capital costs	79268
determined for the ICF/IID under section 5124.17 of the Revised	79269
Code;	79270

(2) The per medicaid day payment rate for direct care costs	79271
determined for the ~~facility~~ICF/IID under section ~~5111.23~~5124.19	79272
of the Revised Code;	79273

~~(2)~~(3) The per medicaid day payment rate for indirect care	79274
costs determined for the ICF/IID under section 5124.21 of the	79275
Revised Code;	79276

(4) The per medicaid day payment rate for other protected	79277
costs determined for the ~~facility~~ICF/IID under section ~~5111.235~~	79278
5124.23 of the Revised Code;	79279

~~(3) The rate for indirect care costs determined for the~~	79280
~~facility under section 5111.241 of the Revised Code;~~	79281

~~(4) The rate for capital costs determined for the facility~~	79282
~~under section 5111.251 of the Revised Code~~.	79283

(B) The department shall adjust the total rate otherwise	79284
determined under division (A) of this section as directed by the	79285
general assembly through the enactment of law governing medicaid	79286
payments to ICF/IID providers ~~of intermediate care facilities for~~	79287
~~the mentally retarded~~.	79288

(C) In addition to paying an ICF/IID provider the total rate	79289
determined for the provider's ICF/IID under divisions (A) and (B)	79290
of this section for a fiscal year, the department, in accordance	79291
with section 5124.25 of the Revised Code, may pay the provider a	79292
rate add-on for pediatric ventilator-dependent outlier ICF/IID	79293
services if the rate add-on is to be paid under that section and	79294
the department approves the provider's application for the rate	79295
add-on. The rate add-on is not to be part of the ICF/IID's total	79296
rate.	79297

~~Sec. 5111.255.~~ Sec. 5124.151. (A) The ~~department of job and family~~	79298
~~services shall establish initial rates for an intermediate care~~	79299
~~facility for the mentally retarded with a first date of licensure~~	79300
~~that is on or after January 1, 1993, including a facility that~~	79301
~~replaces one or more existing facilities, or for an intermediate~~	79302
~~care facility for the mentally retarded with a first date of~~	79303
~~licensure before that date that was initially certified for the~~	79304
~~medicaid program on or after that date,~~total per medicaid day	79305
payment rate determined under section 5124.15 of the Revised Code	79306
shall not be the initial rate for ICF/IID services provided by a	79307
new ICF/IID. Instead, the initial total per medicaid day payment	79308
rate for ICF/IID services provided by a new ICF/IID shall be	79309
determined in the following manner:	79310

(1) The initial rate for capital costs shall be determined	79311
under section 5124.17 of the Revised Code using the greater of the	79312
new ICF/IID's actual inpatient days or an imputed occupancy rate	79313
of eighty per cent.	79314

(2) The initial rate for direct care costs shall be	79315
determined as follows:	79316

(a) If there are no cost or resident assessment data for the	79317
new ICF/IID as necessary to ~~calculate~~determine a rate under	79318
section ~~5111.23~~5124.19 of the Revised Code, the rate shall be	79319
determined as follows:	79320

(i) Determine the median cost per case-mix unit ~~calculated~~	79321
determined under division (B)~~(1)~~ of ~~that~~ section 5124.19 of the	79322
Revised Code for the ~~relevant~~new ICF/IID's peer group for the	79323
calendar year preceding the fiscal year in which the rate will be	79324
paid~~, multiplied~~;	79325

(ii) Multiply the amount determined under division	79326
(A)(2)(a)(i) of this section by the median annual average case-mix	79327
score for the new ICF/IID's peer group for that period ~~and~~;	79328

(iii) Adjust the product determined under division	79329
(A)(2)(a)(ii) of this section by the rate of inflation estimated	79330
under division ~~(B)(3)~~(D) of ~~that~~ section 5124.19 of the Revised	79331
Code. ~~This rate shall be recalculated to reflect the facility's~~	79332
~~actual quarterly average case-mix score, in accordance with that~~	79333
~~section, after it submits its first quarterly assessment data that~~	79334
~~qualifies for use in calculating a case-mix score in accordance~~	79335
~~with rules authorized by division (E) of section 5111.232 of the~~	79336
~~Revised Code. If the facility's first two quarterly submissions do~~	79337
~~not contain assessment data that qualifies for use in calculating~~	79338
~~a case-mix score, the department shall continue to calculate the~~	79339
~~rate using the median annual case-mix score for the peer group in~~	79340
~~lieu of an assigned quarterly case-mix score. The department shall~~	79341
~~assign a case-mix score or, if necessary, a cost per case-mix unit~~	79342
~~under division (D) of section 5111.232 of the Revised Code for any~~	79343
~~subsequent submissions that do not contain assessment data that~~	79344
~~qualifies for use in calculating a case-mix score.~~	79345

(b) If the ~~facility~~new ICF/IID is a replacement ~~facility~~	79346
ICF/IID and the ~~facility~~ICF/IID or ~~facilities~~ICFs/IID that are	79347
being replaced are in operation immediately before the ~~replacement~~	79348
~~facility~~new ICF/IID opens, the rate shall be the same as the rate	79349
for the replaced ~~facility~~ICF/IID or ~~facilities~~ICFs/IID,	79350
proportionate to the number of ICF/IID beds in each replaced	79351
~~facility~~ICF/IID. ~~If one or more of the replaced facilities is~~	79352

(c) If the new ICF/IID is a replacement ICF/IID and the	79353
ICF/IID or ICFs/IID that are being replaced are not in operation	79354
immediately before the ~~replacement facility~~new ICF/IID opens, ~~its~~	79355
~~proportion~~the rate shall be determined under division	79356
(A)~~(1)~~(2)(a) of this section.	79357

~~(2)~~(3) The initial rate for indirect care costs shall be the	79358
maximum rate for the new ICF/IID's peer group as determined for	79359
the fiscal year in accordance with division (C) of section 5124.21	79360
of the Revised Code.	79361

(4) The initial rate for other protected costs shall be one	79362
hundred fifteen per cent of the median rate for ~~intermediate care~~	79363
~~facilities for the mentally retarded calculated~~ICFs/IID	79364
determined for the fiscal year under section ~~5111.235~~5124.23 of	79365
the Revised Code.	79366

~~(3) The rate for indirect care costs shall be the applicable~~	79367
~~maximum rate for the facility's peer group as specified in~~	79368
~~division (B) of section 5111.241 of the Revised Code.~~	79369

~~(4) The rate for capital costs shall be determined under~~	79370
~~section 5111.251 of the Revised Code using the greater of actual~~	79371
~~inpatient days or an imputed occupancy rate of eighty per cent.~~	79372

(B) If a new ICF/IID's initial rate for direct care costs is	79373
determined under division (A)(2)(a) of this section, the	79374
department shall redetermine the rate in accordance with section	79375
5124.19 of the Revised Code to reflect the new ICF/IID's actual	79376
quarterly case-mix score, after the provider, in accordance with	79377
section 5124.191 of the Revised Code, submits the first quarterly	79378
resident assessment data for the ICF/IID that qualifies for use in	79379
determining a case-mix score. If the first two quarterly	79380
submissions for the ICF/IID do not contain resident assessment	79381
data that qualifies for use in determining a case-mix score, the	79382
department shall continue to determine the ICF/IID's rate using	79383
the median annual case-mix score for the peer group in lieu of an	79384
assigned quarterly case-mix score. The department shall assign a	79385
case-mix score or, if necessary, a cost per case-mix unit under	79386
division (B) of section 5124.192 of the Revised Code for any	79387
subsequent submissions that do not contain resident assessment	79388
data that qualifies for use in determining a case-mix score.	79389

(C) The department shall adjust ~~the rates established~~a new	79390
ICF/IID's initial total per medicaid day payment rate determined	79391
under ~~division (A) of~~ this section at both of the following	79392
times:	79393

(1) Effective the first day of July, to reflect new rate	79394
~~calculations~~determinations for all ~~facilities~~ICFs/IID under	79395
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter;	79396

(2) Following the provider's submission of the ~~facility's~~	79397
ICF/IID's cost report under division ~~(A)(1)(b)~~(C) of section	79398
~~5111.26~~5124.10 of the Revised Code.	79399

The department shall pay the rate adjusted based on the cost	79400
report beginning the first day of the calendar quarter that begins	79401
more than ninety days after the department receives the cost	79402
report.	79403

Sec. 5124.152. The total per medicaid day payment rate	79404
determined under section 5124.15 of the Revised Code shall not be	79405
paid for ICF/IID services provided on or after July 1, 2014, to	79406
low resource utilization residents. Instead, the total per	79407
medicaid day payment rate for such ICF/IID services shall be a	79408
flat rate set in rules adopted under section 5124.03 of the	79409
Revised Code.	79410

Sec. 5124.153. (A) The total per medicaid day payment rate	79411
determined under section 5124.15 of the Revised Code shall not be	79412
paid for ICF/IID services provided by an ICF/IID, or discrete unit	79413
of an ICF/IID, designated by the department of developmental	79414
disabilities as an outlier ICF/IID or unit. Instead, the provider	79415
of a designated outlier ICF/IID or unit shall be paid each fiscal	79416
year a total per medicaid day payment rate that the department	79417
shall prospectively determine in accordance with a methodology	79418
established in rules authorized by this section.	79419

(B) The department may designate an ICF/IID, or discrete unit	79420
of an ICF/IID, as an outlier ICF/IID or unit if the ICF/IID or	79421
unit serves residents who have either of the following:	79422

(1) Diagnoses or special care needs that require direct care	79423
resources that are not measured adequately by the resident	79424
assessment instrument specified in rules authorized by section	79425
5124.191 of the Revised Code;	79426

(2) Diagnoses or special care needs that are specified in	79427
rules authorized by this section as otherwise qualifying for	79428
consideration under this section.	79429

(C) Notwithstanding any other provision of this chapter, the	79430
costs incurred by a designated outlier ICF/IID or unit shall not	79431
be considered in establishing medicaid payment rates for other	79432
ICFs/IID or units.	79433

(D) The director of developmental disabilities shall adopt	79434
rules under section 5124.03 of the Revised Code as necessary to	79435
implement this section.	79436

(1)(a) The rules shall do both of the following:

79437

(i) Specify the criteria and procedures the department will	79438
apply when designating an ICF/IID, or discrete unit of an ICF/IID,	79439
as an outlier ICF/IID or unit;	79440

(ii) Establish a methodology for prospectively determining	79441
the total per medicaid day payment rate that will be paid each	79442
fiscal year for ICF/IID services provided by a designated outlier	79443
ICF/IID or unit.	79444

(b) The rules adopted under division (D)(1)(a)(i) of this	79445
section regarding the criteria for designating outlier ICFs/IID	79446
and units shall do both of the following:	79447

(i) Provide for consideration of whether all of the allowable	79448
costs of an ICF/IID, or discrete unit of an ICF/IID, would be paid	79449
by the rate determined under section 5124.15 of the Revised Code;	79450

(ii) Specify the minimum number of ICF/IID beds that an	79451
ICF/IID, or discrete unit of an ICF/IID, must have to be	79452
designated an outlier ICF/IID or unit.	79453

(c) The rules authorized by division (D)(1)(a)(i) of this	79454
section regarding the criteria for designating outlier ICFs/IID	79455
and units shall not limit the designation to ICFs/IID, or discrete	79456
units of ICFs/IID, located in large cities.	79457

(d) The rules authorized by division (D)(1)(a)(ii) of this	79458
section regarding the methodology for prospectively determining	79459
the rates of designated outlier ICFs/IID and units shall provide	79460
for the methodology to consider the historical costs of providing	79461
ICF/IID services to the residents of designated outlier ICFs/IID	79462
and units.	79463

(2)(a) The rules may do both of the following:

79464

(i) Include for designation as an outlier ICF/IID or unit, an	79465
ICF/IID, or discrete unit of an ICF/IID, that serves residents who	79466
have complex medical conditions or severe behavioral problems;	79467

(ii) Require that a designated outlier ICF/IID or unit	79468
receive authorization from the department before admitting or	79469
retaining a resident.	79470

(b) If the director adopts rules authorized by division	79471
(D)(2)(a)(ii) of this section regarding the authorization of a	79472
designated outlier ICF/IID or unit to admit or retain a resident,	79473
the rules shall specify the criteria and procedures the department	79474
will apply when granting the authorization.	79475

Sec. 5124.154. (A) To the extent, if any, provided for in	79476
rules authorized by this section, the total per medicaid day	79477
payment rate determined under section 5124.15 of the Revised Code	79478
shall not be paid for ICF/IID services that an ICF/IID not	79479
designated as an outlier ICF/IID or unit provides to a resident	79480
who meets the criteria for admission to a designated outlier	79481
ICF/IID or unit, as specified in rules authorized by section	79482
5124.153 of the Revised Code. Instead, the provider of an ICF/IID	79483
providing ICF/IID services to such a resident shall be paid each	79484
fiscal year a total per medicaid day payment rate that the	79485
department shall prospectively determine in accordance with a	79486
methodology established in rules authorized by this section.	79487

(B) The director of developmental disabilities may adopt	79488
rules under section 5124.03 of the Revised Code to implement this	79489
section. The rules may require that an ICF/IID receive	79490
authorization from the department before admitting or retaining a	79491
resident who meets the criteria for admission to a designated	79492
outlier ICF/IID or unit. If the director adopts such rules, the	79493
rules shall specify the criteria and procedures the department	79494
will apply when granting the authorization.	79495

~~Sec. 5111.291.~~ Sec. 5124.155. ~~Notwithstanding sections 5111.20 to~~	79496
~~5111.331 of the Revised Code~~The department of developmental	79497
disabilities is not required to pay the total per medicaid day	79498
payment rates determined under section 5124.15 of the Revised Code	79499
for ICF/IID services provided by developmental centers. Instead,	79500
the department ~~of job and family services~~ may ~~compute~~determine	79501
the ~~rate~~medicaid payment rates for ~~intermediate care facilities~~	79502
~~for the mentally retarded operated by the department of~~	79503
developmental ~~disabilities or the department of mental health~~	79504
centers according to the reasonable cost principles of Title	79505
XVIII.	79506

~~Sec. 5111.251.~~ Sec. 5124.17. (A) ~~The~~For each fiscal year, the	79507
department of ~~job and family services~~developmental disabilities	79508
shall ~~pay a provider for~~prospectively determine each ~~of the~~	79509
~~provider's eligible intermediate care facilities for the mentally~~	79510
~~retarded for its reasonable capital costs, a~~ICF/IID's per	79511
~~resident per~~medicaid day payment rate ~~established prospectively~~	79512
~~each fiscal year for each intermediate care facility for the~~	79513
~~mentally retarded~~for reasonable capital costs. Except as	79514
otherwise provided in ~~sections 5111.20 to 5111.331 of the Revised~~	79515
~~Code~~this chapter, ~~the~~an ICF/IID's rate shall be based on the	79516
~~facility's~~ICF/IID's capital costs for the calendar year preceding	79517
the fiscal year in which the rate will be paid. ~~The~~Subject to	79518
section 5124.28, an ICF/IID's rate shall equal the sum of the	79519
following:	79520

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	79521
allowable, per diem ~~cost~~costs of ownership for the immediately	79522
preceding cost reporting period, limited as provided in divisions	79523
(B) and (C) ~~and (F)~~ of this section;	79524

(2) ~~Any efficiency incentive determined under division (B) of~~	79525
~~this section;~~	79526

~~(3) Any amounts for~~The ICF/IID's per medicaid day payment	79527
for the ICF/IID's per diem capitalized costs of nonextensive	79528
renovations determined under division (D)(1) of this section if	79529
the ICF/IID qualifies for a payment for such costs as specified in	79530
division (D)(2) of this section;	79531

~~(4) Any amounts for return on equity determined under~~	79532
~~division (H) of this section~~(3) The ICF/IID's per medicaid day	79533
efficiency incentive payment determined under division (E) of this	79534
section.	79535

~~Buildings shall be depreciated using the straight line method~~	79536
~~over forty years or over a different period approved by the~~	79537
~~department. Components and equipment shall be depreciated using~~	79538
~~the straight line method over a period designated by the director~~	79539
~~of job and family services in rules adopted under section 5111.02~~	79540
~~of the Revised Code, consistent with the guidelines of the~~	79541
~~American hospital association, or over a different period approved~~	79542
~~by the department of job and family services. Any rules authorized~~	79543
~~by this division that specify useful lives of buildings,~~	79544
~~components, or equipment apply only to assets acquired on or after~~	79545
~~July 1, 1993. Depreciation for costs paid or reimbursed by any~~	79546
~~government agency shall not be included in costs of ownership or~~	79547
~~renovation unless that part of the payment under sections 5111.20~~	79548
~~to 5111.331 of the Revised Code is used to reimburse the~~	79549
~~government agency.~~	79550

(B) ~~The department of job and family services shall pay to a~~	79551
~~provider for each of the provider's eligible intermediate care~~	79552
~~facilities for the mentally retarded an efficiency incentive equal~~	79553
~~to fifty per cent of the difference between any desk-reviewed,~~	79554
~~actual, allowable cost of ownership and the applicable limit on~~	79555
~~cost of ownership payments under division (C) of this section. For~~	79556
~~purposes of computing the efficiency incentive, depreciation for~~	79557
~~costs paid or reimbursed by any government agency shall be~~	79558
~~considered as a cost of ownership, and the applicable limit under~~	79559
~~division (C) of this section shall apply both to facilities with~~	79560
~~more than eight beds and facilities with eight or fewer beds. The~~	79561
~~efficiency incentive paid to a provider for a facility with eight~~	79562
~~or fewer beds shall not exceed three dollars per patient day,~~	79563
~~adjusted annually for the inflation rate for the twelve-month~~	79564
~~period beginning on the first day of July of the calendar year~~	79565
~~preceding the calendar year that precedes the fiscal year for~~	79566
~~which the efficiency incentive is determined and ending on the~~	79567
~~thirtieth day of the following June, using the consumer price~~	79568
~~index for shelter costs for all urban consumers for the north~~	79569
~~central region, as published by the United States bureau of labor~~	79570
~~statistics.~~	79571

~~(C) Cost~~The costs of ownership ~~payments~~per diem payment	79572
rates for ~~intermediate care facilities for the mentally retarded~~	79573
ICFs/IID with more than eight beds shall not exceed the following	79574
limits:	79575

(1) For ~~facilities~~ICFs/IID with dates of licensure prior to	79576
January 1, l958, not exceeding two dollars and fifty cents ~~per~~	79577
~~patient day~~;	79578

(2) For ~~facilities~~ICFs/IID with dates of licensure after	79579
December 31, l957, but prior to January 1, l968, not exceeding:	79580

(a) Three dollars and fifty cents ~~per patient day~~ if the cost	79581
of construction was three thousand five hundred dollars or more	79582
per bed;	79583

(b) Two dollars and fifty cents ~~per patient day~~ if the cost	79584
of construction was less than three thousand five hundred dollars	79585
per bed.	79586

(3) For ~~facilities~~ICFs/IID with dates of licensure after	79587
December 31, l967, but prior to January 1, l976, not exceeding:	79588

(a) Four dollars and fifty cents ~~per patient day~~ if the cost	79589
of construction was five thousand one hundred fifty dollars or	79590
more per bed;	79591

(b) Three dollars and fifty cents ~~per patient day~~ if the cost	79592
of construction was less than five thousand one hundred fifty	79593
dollars per bed, but exceeds three thousand five hundred dollars	79594
per bed;	79595

(c) Two dollars and fifty cents ~~per patient day~~ if the cost	79596
of construction was three thousand five hundred dollars or less	79597
per bed.	79598

(4) For ~~facilities~~ICFs/IID with dates of licensure after	79599
December 31, l975, but prior to January 1, l979, not exceeding:	79600

(a) Five dollars and fifty cents ~~per patient day~~ if the cost	79601
of construction was six thousand eight hundred dollars or more per	79602
bed;	79603

(b) Four dollars and fifty cents ~~per patient day~~ if the cost	79604
of construction was less than six thousand eight hundred dollars	79605
per bed but exceeds five thousand one hundred fifty dollars per	79606
bed;	79607

(c) Three dollars and fifty cents ~~per patient day~~ if the cost	79608
of construction was five thousand one hundred fifty dollars or	79609
less per bed, but exceeds three thousand five hundred dollars per	79610
bed;	79611

(d) Two dollars and fifty cents ~~per patient day~~ if the cost	79612
of construction was three thousand five hundred dollars or less	79613
per bed.	79614

(5) For ~~facilities~~ICFs/IID with dates of licensure after	79615
December 31, l978, but prior to January 1, l980, not exceeding:	79616

(a) Six dollars ~~per patient day~~ if the cost of construction	79617
was seven thousand six hundred twenty-five dollars or more per	79618
bed;	79619

(b) Five dollars and fifty cents ~~per patient day~~ if the cost	79620
of construction was less than seven thousand six hundred	79621
twenty-five dollars per bed but exceeds six thousand eight hundred	79622
dollars per bed;	79623

(c) Four dollars and fifty cents ~~per patient day~~ if the cost	79624
of construction was six thousand eight hundred dollars or less per	79625
bed but exceeds five thousand one hundred fifty dollars per bed;	79626

(d) Three dollars and fifty cents ~~per patient day~~ if the cost	79627
of construction was five thousand one hundred fifty dollars or	79628
less but exceeds three thousand five hundred dollars per bed;	79629

(e) Two dollars and fifty cents ~~per patient day~~ if the cost	79630
of construction was three thousand five hundred dollars or less	79631
per bed.	79632

(6) For ~~facilities~~ICFs/IID with dates of licensure after	79633
December 31, 1979, but prior to January 1, 1981, not exceeding:	79634

(a) Twelve dollars ~~per patient day~~ if the beds were	79635
originally licensed as residential facility beds by the department	79636
of developmental disabilities;	79637

(b) Six dollars ~~per patient day~~ if the beds were originally	79638
licensed as nursing home beds by the department of health.	79639

(7) For ~~facilities~~ICFs/IID with dates of licensure after	79640
December 31, 1980, but prior to January 1, 1982, not exceeding:	79641

(a) Twelve dollars ~~per patient day~~ if the beds were	79642
originally licensed as residential facility beds by the department	79643
of developmental disabilities;	79644

(b) Six dollars and forty-five cents ~~per patient day~~ if the	79645
beds were originally licensed as nursing home beds by the	79646
department of health.	79647

(8) For ~~facilities~~ICFs/IID with dates of licensure after	79648
December 31, 1981, but prior to January 1, 1983, not exceeding:	79649

(a) Twelve dollars ~~per patient day~~ if the beds were	79650
originally licensed as residential facility beds by the department	79651
of developmental disabilities;	79652

(b) Six dollars and seventy-nine cents ~~per patient day~~ if the	79653
beds were originally licensed as nursing home beds by the	79654
department of health.	79655

(9) For ~~facilities~~ICFs/IID with dates of licensure after	79656
December 31, 1982, but prior to January 1, 1984, not exceeding:	79657

(a) Twelve dollars ~~per patient day~~ if the beds were	79658
originally licensed as residential facility beds by the department	79659
of developmental disabilities;	79660

(b) Seven dollars and nine cents ~~per patient day~~ if the beds	79661
were originally licensed as nursing home beds by the department of	79662
health.	79663

(10) For ~~facilities~~ICFs/IID with dates of licensure after	79664
December 31, 1983, but prior to January 1, 1985, not exceeding:	79665

(a) Twelve dollars and twenty-four cents ~~per patient day~~ if	79666
the beds were originally licensed as residential facility beds by	79667
the department of developmental disabilities;	79668

(b) Seven dollars and twenty-three cents ~~per patient day~~ if	79669
the beds were originally licensed as nursing home beds by the	79670
department of health.	79671

(11) For ~~facilities~~ICFs/IID with dates of licensure after	79672
December 31, 1984, but prior to January 1, 1986, not exceeding:	79673

(a) Twelve dollars and fifty-three cents ~~per patient day~~ if	79674
the beds were originally licensed as residential facility beds by	79675
the department of developmental disabilities;	79676

(b) Seven dollars and forty cents ~~per patient day~~ if the beds	79677
were originally licensed as nursing home beds by the department of	79678
health.	79679

(12) For ~~facilities~~ICFs/IID with dates of licensure after	79680
December 31, 1985, but prior to January 1, 1987, not exceeding:	79681

(a) Twelve dollars and seventy cents ~~per patient day~~ if the	79682
beds were originally licensed as residential facility beds by the	79683
department of developmental disabilities;	79684

(b) Seven dollars and fifty cents ~~per patient day~~ if the beds	79685
were originally licensed as nursing home beds by the department of	79686
health.	79687

(13) For ~~facilities~~ICFs/IID with dates of licensure after	79688
December 31, 1986, but prior to January 1, 1988, not exceeding:	79689

(a) Twelve dollars and ninety-nine cents ~~per patient day~~ if	79690
the beds were originally licensed as residential facility beds by	79691
the department of developmental disabilities;	79692

(b) Seven dollars and sixty-seven cents ~~per patient day~~ if	79693
the beds were originally licensed as nursing home beds by the	79694
department of health.	79695

(14) For ~~facilities~~ICFs/IID with dates of licensure after	79696
December 31, 1987, but prior to January 1, 1989, not exceeding	79697
thirteen dollars and twenty-six cents ~~per patient day~~;	79698

(15) For ~~facilities~~ICFs/IID with dates of licensure after	79699
December 31, 1988, but prior to January 1, 1990, not exceeding	79700
thirteen dollars and forty-six cents ~~per patient day~~;	79701

(16) For ~~facilities~~ICFs/IID with dates of licensure after	79702
December 31, 1989, but prior to January 1, 1991, not exceeding	79703
thirteen dollars and sixty cents ~~per patient day~~;	79704

(17) For ~~facilities~~ICFs/IID with dates of licensure after	79705
December 31, 1990, but prior to January 1, 1992, not exceeding	79706
thirteen dollars and forty-nine cents ~~per patient day~~;	79707

(18) For ~~facilities~~ICFs/IID with dates of licensure after	79708
December 31, 1991, but prior to January 1, 1993, not exceeding	79709
thirteen dollars and sixty-seven cents ~~per patient day~~;	79710

(19) For ~~facilities~~ICFs/IID with dates of licensure after	79711
December 31, 1992, not exceeding fourteen dollars and twenty-eight	79712
cents ~~per patient day~~.	79713

(C)(1) The costs of ownership per diem payment rate for an	79714
ICF/IID with eight or fewer beds shall not exceed the following	79715
limits:	79716

(a) Eighteen dollars and thirty cents as adjusted for	79717
inflation pursuant to division (C)(2) of this section if any of	79718
the following apply to the ICF/IID:	79719

(i) The ICF/IID has a date of licensure, or was granted	79720
project authorization by the department of developmental	79721
disabilities, before July 1, 1993.	79722

(ii) The ICF/IID has a date of licensure, or was granted	79723
project authorization by the department, on or after July 1, 1993,	79724
and the provider demonstrates that the provider made substantial	79725
commitments of funds for the ICF/IID before that date.	79726

(iii) The ICF/IID has a date of licensure, or was granted	79727
project authorization by the department, on or after July 1, 1993,	79728
the provider made no substantial commitment of funds for the	79729
ICF/IID before that date, and the department of job and family	79730
services or department of developmental disabilities gave prior	79731
approval for the ICF/IID's construction.	79732

(b) If division (C)(1)(a) of this section does not apply to	79733
the ICF/IID, the amount that would apply to the ICF/IID under	79734
division (B) of this section if it had more than eight beds.	79735

(2) The eighteen-dollar and thirty-cent payment rate	79736
specified in division (C)(1)(a) of this section shall be increased	79737
as follows:	79738

(a) For the period beginning June 30, 1990, and ending July	79739
1, 1993, by the change in the "Dodge building cost indexes,	79740
northeastern and north central states," published by Marshall and	79741
Swift;	79742

(b) For each fiscal year thereafter, in accordance with	79743
division (F) of this section.	79744

(D)(1) Beginning January 1, 1981, regardless of the original	79745
date of licensure, the ~~department of job and family services shall~~	79746
~~pay a~~payment rate for the per diem capitalized costs of	79747
nonextensive renovations ~~to intermediate care facilities for the~~	79748
~~mentally retarded~~ made after January 1, l981, to a qualifying	79749
ICF/IID, shall not ~~exceeding~~exceed six dollars per ~~patient~~	79750
medicaid day using 1980 as the base year and adjusting the amount	79751
annually until June 30, 1993, for fluctuations in construction	79752
costs calculated by the department using the "Dodge building cost	79753
indexes, northeastern and north central states," published by	79754
Marshall and Swift. The payment rate shall be further adjusted in	79755
accordance with division (F) of this section. The payment provided	79756
for in this division is the only payment that shall be made for	79757
~~the~~an ICF/IID's capitalized costs of a nonextensive ~~renovation~~	79758
~~of an intermediate care facility for the mentally retarded~~	79759
renovations. ~~Nonextensive renovation costs~~Costs of nonextensive	79760
renovations shall not be included in ~~cost~~costs of ownership, and	79761
~~a nonextensive renovation~~ shall not affect the date of licensure	79762
for purposes of division (B) or (C) of this section. This division	79763
applies to nonextensive renovations regardless of whether they are	79764
made by an owner or a lessee. If the tenancy of a lessee that has	79765
made nonextensive renovations ends before the depreciation expense	79766
for the ~~renovation~~ costs of nonextensive renovations has been	79767
fully reported, the former lessee shall not report the	79768
undepreciated balance as an expense.	79769

~~For a nonextensive renovation to qualify~~(2) An ICF/IID	79770
qualifies for a payment ~~under this division, both~~for costs of	79771
nonextensive renovations if all of the following ~~conditions must~~	79772
~~be met~~apply:	79773

~~(1)~~(a) The ICF/IID has eight or fewer beds.

79774

(b) At least five years have elapsed since the ICF/IID's date	79775
of licensure or date of an extensive renovation of the portion of	79776
the ~~facility~~ICF/IID that is proposed to be nonextensively	79777
renovated, ~~except that this condition does not apply if~~unless the	79778
nonextensive renovation is necessary to meet the requirements of	79779
federal, state, or local statutes, ordinances, rules, or policies.	79780

~~(2)~~(c) The provider ~~has obtained prior approval from the~~	79781
~~department of job and family services. The provider shall submit~~	79782
of the ICF/IID does both of the following:	79783

(i) Submits to the department a plan that describes in detail	79784
the changes in capital assets to be accomplished by means of the	79785
nonextensive renovation and the timetable for completing the	79786
project~~. The time for completion of the project~~, which shall be no	79787
not more than eighteen months after the nonextensive renovation	79788
begins;	79789

(ii) Obtains prior approval from the department for the	79790
nonextensive renovation. ~~The~~	79791

(3) The director of ~~job and family services~~developmental	79792
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	79793
the Revised Code that specify criteria and procedures for prior	79794
approval of nonextensive renovation projects. No provider shall	79795
separate a project with the intent to evade the characterization	79796
of the project as a renovation or as an extensive renovation. No	79797
provider shall increase the scope of a project after it is	79798
approved by the department ~~of job and family services~~ unless the	79799
increase in scope is approved by the department.	79800

(E)(1) Subject to division (E)(2) of this section, an	79801
ICF/IID's per medicaid day efficiency incentive payment rate shall	79802
equal the following percentage of the difference between the	79803
ICF/IID's desk-reviewed, actual, allowable per diem costs of	79804
ownership and the applicable limit on costs of ownership payment	79805
rates established by division (B) of this section:	79806

(a) In the case of an ICF/IID with more than eight beds,	79807
twenty-five per cent;	79808

(b) In the case of an ICF/IID with eight or fewer beds, fifty	79809
per cent.	79810

(2) The efficiency incentive payment rate for an ICF/IID with	79811
eight or fewer beds shall not exceed three dollars per medicaid	79812
day, adjusted annually in accordance with division (F) of this	79813
section. For the purpose of determining an ICF/IID's efficiency	79814
incentive payment rate, both of the following apply:	79815

(a) Depreciation for costs paid or reimbursed by any	79816
government agency shall be considered as a cost of ownership;	79817

(b) The applicable limit under division (B) of this section	79818
shall apply both to ICFs/IID with more than eight beds and	79819
ICFs/IID with eight or fewer beds.	79820

(F) The amounts specified in divisions (B), (C) ~~and~~, (D), and	79821
(E) of this section shall be adjusted beginning July 1, 1993, for	79822
the estimated inflation rate for the twelve-month period beginning	79823
on the first day of July of the calendar year immediately	79824
preceding the calendar year that immediately precedes the fiscal	79825
year for which rate will be paid and ending on the thirtieth day	79826
of the following June, using the consumer price index for shelter	79827
costs for all urban consumers for the north central region, as	79828
published by the United States bureau of labor statistics.	79829

~~(F)(1) For facilities of eight or fewer beds that have dates~~	79830
~~of licensure or have been granted project authorization by the~~	79831
~~department of developmental disabilities before July 1, 1993, and~~	79832
~~for facilities of eight or fewer beds that have dates of licensure~~	79833
~~or have been granted project authorization after that date if the~~	79834
~~providers of the facilities demonstrate that they made substantial~~	79835
~~commitments of funds on or before that date, cost of ownership~~	79836
~~shall not exceed eighteen dollars and thirty cents per resident~~	79837
~~per day. The eighteen-dollar and thirty-cent amount shall be~~	79838
~~increased by the change in the "Dodge building cost indexes,~~	79839
~~northeastern and north central states," published by Marshall and~~	79840
~~Swift, during the period beginning June 30, 1990, and ending July~~	79841
~~1, 1993, and by the change in the consumer price index for shelter~~	79842
~~costs for all urban consumers for the north central region, as~~	79843
~~published by the United States bureau of labor statistics,~~	79844
~~annually thereafter.~~	79845

~~(2) For facilities with eight or fewer beds that have dates~~	79846
~~of licensure or have been granted project authorization by the~~	79847
~~department of developmental disabilities on or after July 1, 1993,~~	79848
~~for which substantial commitments of funds were not made before~~	79849
~~that date, cost of ownership payments shall not exceed the~~	79850
~~applicable amount calculated under division (F)(1) of this~~	79851
~~section, if the department of job and family services gives prior~~	79852
~~approval for construction of the facility. If the department does~~	79853
~~not give prior approval, cost of ownership payments shall not~~	79854
~~exceed the amount specified in division (C) of this section.~~	79855

~~(3)~~(G) Notwithstanding divisions (C) and (D) ~~and (F)(1) and~~	79856
~~(2)~~ of this section, the total payment rate for ~~cost~~costs of	79857
ownership, ~~cost of ownership efficiency incentive, and~~ capitalized	79858
costs of nonextensive renovations, and the efficiency incentive	79859
for an ~~intermediate care facility for the mentally retarded~~	79860
ICF/IID with eight or fewer beds shall not exceed the sum of the	79861
limitations specified in divisions (C) and (D) of this section.	79862

~~(G) Notwithstanding any provision of this section or section~~	79863
~~5111.241 of the Revised Code, the director of job and family~~	79864
~~services may adopt rules under section 5111.02 of the Revised Code~~	79865
~~that provide for a calculation of a combined maximum payment limit~~	79866
~~for indirect care costs and cost of ownership for intermediate~~	79867
~~care facilities for the mentally retarded with eight or fewer~~	79868
~~beds.~~	79869

(H) ~~The department of job and family services shall pay a~~	79870
~~provider for each of the provider's eligible proprietary~~	79871
~~intermediate care facilities for the mentally retarded a return on~~	79872
~~the facility's net equity computed at the rate of one and one-half~~	79873
~~times the average of interest rates on special issues of public~~	79874
~~debt obligations issued to the federal hospital insurance trust~~	79875
~~fund for the cost reporting period. No facility's return on net~~	79876
~~equity paid under this division shall exceed one dollar per~~	79877
~~patient day.~~	79878

~~In calculating the rate for return on net equity, the~~	79879
~~department shall use the greater of the facility's inpatient days~~	79880
~~during the applicable cost reporting period or the number of~~	79881
~~inpatient days the facility would have had during that period if~~	79882
~~its occupancy rate had been ninety-five per cent.~~(1) For the	79883
purpose of determining ICFs/IID's medicaid payment rates for	79884
capital costs:	79885

(a) Buildings shall be depreciated using the straight line	79886
method over forty years or over a different period approved by the	79887
department.	79888

(b) Components and equipment shall be depreciated using the	79889
straight line method over a period designated by the director of	79890
developmental disabilities in rules adopted under section 5124.03	79891
of the Revised Code, consistent with the guidelines of the	79892
American hospital association, or over a different period approved	79893
by the department.	79894

(2) Any rules authorized by division (H)(1) of this section	79895
that specify useful lives of buildings, components, or equipment	79896
apply only to assets acquired on or after July 1, 1993.	79897
Depreciation for costs paid or reimbursed by any government agency	79898
shall not be included in costs of ownership or costs of	79899
nonextensive renovations unless that part of the payment under	79900
this chapter is used to reimburse the government agency.	79901

(I)(1) Except as provided in division (I)(2) of this section,	79902
if a provider leases or transfers an interest in ~~a facility~~an	79903
ICF/IID to another provider who is a related party, the related	79904
party's allowable ~~cost~~costs of ownership shall include the lesser	79905
of the following:	79906

(a) The annual lease expense or actual cost of ownership,	79907
whichever is applicable;	79908

(b) The reasonable cost to the lessor or provider making the	79909
transfer.	79910

(2) If a provider leases or transfers an interest in a	79911
~~facility~~an ICF/IID to another provider who is a related party,	79912
regardless of the date of the lease or transfer, the related	79913
party's allowable cost of ownership shall include the annual lease	79914
expense or actual cost of ownership, whichever is applicable,	79915
subject to the limitations specified in divisions (B) to (H) of	79916
this section, if all of the following conditions are met:	79917

(a) The related party is a relative of owner;

79918

(b) In the case of a lease, if the lessor retains any	79919
ownership interest, it is, except as provided in division	79920
(I)(2)(d)(ii) of this section, in only the real property and any	79921
improvements on the real property;	79922

(c) In the case of a transfer, the provider making the	79923
transfer retains, except as provided in division (I)(2)(d)(iv) of	79924
this section, no ownership interest in the ~~facility~~ICF/IID;	79925

(d) The department ~~of job and family services~~ determines that	79926
the lease or transfer is an arm's length transaction pursuant to	79927
rules adopted under section ~~5111.02~~5124.03 of the Revised Code.	79928
The rules shall provide that a lease or transfer is an arm's	79929
length transaction if all of the following, as applicable, apply:	79930

(i) In the case of a lease, once the lease goes into effect,	79931
the lessor has no direct or indirect interest in the lessee or,	79932
except as provided in division (I)(2)(b) of this section, the	79933
~~facility~~ICF/IID itself, including interest as an owner, officer,	79934
director, employee, independent contractor, or consultant, but	79935
excluding interest as a lessor.	79936

(ii) In the case of a lease, the lessor does not reacquire an	79937
interest in the ~~facility~~ICF/IID except through the exercise of a	79938
lessor's rights in the event of a default. If the lessor	79939
reacquires an interest in the ~~facility~~ICF/IID in this manner, the	79940
department shall treat the ~~facility~~ICF/IID as if the lease never	79941
occurred when the department ~~calculates~~determines its	79942
~~reimbursement rates~~payment rate for capital costs.	79943

(iii) In the case of a transfer, once the transfer goes into	79944
effect, the provider that made the transfer has no direct or	79945
indirect interest in the provider that acquires the ~~facility~~	79946
ICF/IID or the ~~facility~~ICF/IID itself, including interest as an	79947
owner, officer, director, employee, independent contractor, or	79948
consultant, but excluding interest as a creditor.	79949

(iv) In the case of a transfer, the provider that made the	79950
transfer does not reacquire an interest in the ~~facility~~ICF/IID	79951
except through the exercise of a creditor's rights in the event of	79952
a default. If the provider reacquires an interest in the ~~facility~~	79953
ICF/IID in this manner, the department shall treat the ~~facility~~	79954
ICF/IID as if the transfer never occurred when the department	79955
~~calculates~~determines its ~~reimbursement rates~~payment rate for	79956
capital costs.	79957

(v) The lease or transfer satisfies any other criteria	79958
specified in the rules.	79959

(e) Except in the case of hardship caused by a catastrophic	79960
event, as determined by the department, or in the case of a lessor	79961
or provider making the transfer who is at least sixty-five years	79962
of age, not less than twenty years have elapsed since, for the	79963
same ~~facility~~ICF/IID, allowable cost of ownership was determined	79964
most recently under this division.	79965

~~Sec. 5111.23.~~ Sec. 5124.19. (A)(1) The department of ~~job and~~	79966
~~family services~~developmental disabilities shall ~~pay a provider~~	79967
~~for~~prospectively determine each ~~of the provider's eligible~~	79968
~~intermediate care facilities for the mentally retarded a~~ICF/IID's	79969
per ~~resident per~~medicaid day payment rate for direct care costs	79970
~~established prospectively for each facility. The department shall~~	79971
~~establish each facility's rate for direct care costs quarterly~~as	79972
follows:	79973

(a) Multiply the lesser of the following by the ICF/IID's	79974
case-mix score determined or assigned under section 5124.192 of	79975
the Revised Code for the calendar quarter that preceded the	79976
immediately preceding calendar quarter:	79977

(i) The ICF/IID's cost per case-mix unit for the calendar	79978
year immediately preceding the fiscal year in which the rate will	79979
be paid, as determined under division (B) of this section;	79980

(ii) The maximum cost per case-mix unit for the ICF/IID's	79981
peer group for the fiscal year in which the rate will be paid, as	79982
set under division (C) of this section;	79983

(b) Adjust the product determined under division (A)(1)(a) of	79984
this section by the inflation rate estimated under division (D)(1)	79985
of this section and modified under division (D)(2) of this	79986
section.	79987

(2) Except as otherwise directed by law enacted by the	79988
general assembly, the department shall prospectively determine	79989
each ICF/IID's rate for direct care costs for each quarter of	79990
every fiscal year.	79991

(B) ~~Each facility's rate for direct care costs shall be based~~	79992
~~on the facility's cost per case-mix unit, subject to the maximum~~	79993
~~costs per case-mix unit established under division (B)(2) of this~~	79994
~~section, from the calendar year preceding the fiscal year in which~~	79995
~~the rate is paid.~~ To determine ~~the rate, the department shall do~~	79996
~~all of the following:~~	79997

~~(1) Determine each facility's~~an ICF/IID's cost per case-mix	79998
unit for the calendar year immediately preceding the fiscal year	79999
in which the rate will be paid ~~by dividing~~, the ~~facility's~~	80000
department shall divide the ICF/IID's desk-reviewed, actual,	80001
allowable, per diem direct care costs for that calendar year by	80002
its annual average case-mix score determined under section	80003
~~5111.232~~5124.192 of the Revised Code for the same calendar year.	80004

~~(2)(a) Set~~(C)(1) For each fiscal year for which a rate will	80005
be paid, the department shall set the maximum cost per case-mix	80006
unit for each peer group of ~~intermediate care facilities for the~~	80007
~~mentally retarded~~ICFs/IID with more than eight beds ~~specified in~~	80008
~~rules adopted under division (F) of this section~~ at a percentage	80009
above the cost per case-mix unit ofdetermined under division (B)	80010
of this section for the ~~facility~~ICF/IID in the peer group that	80011
has the peer group's median number of medicaid ~~day~~days for the	80012
calendar year immediately preceding the fiscal year in which the	80013
rate will be paid~~, as calculated under division (B)(1) of this~~	80014
~~section, that is~~. The percentage shall be no less than the	80015
percentage ~~calculated under division (E)(2) of this section~~above	80016
the cost per case-mix unit determined under division (B) of this	80017
section for the ICF/IID that has the median number of medicaid	80018
days for calendar year 1992 for all ICFs/IID with more than eight	80019
beds that would result in payment of all desk-reviewed, actual,	80020
allowable direct care costs for eighty and one-half per cent of	80021
the medicaid days for such ICFs/IID for calendar year 1992.	80022

~~(b) Set~~(2) For each fiscal year for which a rate will be	80023
paid, the department shall set the maximum cost per case-mix unit	80024
for each peer group of ~~intermediate care facilities for the~~	80025
~~mentally retarded~~ICFs/IID with eight or fewer beds ~~specified in~~	80026
~~rules adopted under division (F) of this section~~ at a percentage	80027
above the cost per case-mix unit ofdetermined under division (B)	80028
of this section for the ~~facility~~ICF/IID in the peer group that	80029
has the peer group's median number of medicaid ~~day~~days for the	80030
calendar year immediately preceding the fiscal year in which the	80031
rate will be paid~~, as calculated under division (B)(1) of this~~	80032
~~section, that is~~. The percentage shall be no less than the	80033
percentage ~~calculated under division (E)(3) of this section~~above	80034
the cost per case-mix unit determined under division (B) of this	80035
section for the ICF/IID that has the median number of medicaid	80036
days for calendar year 1992 for all ICFs/IID with eight or fewer	80037
beds that would result in payment of all desk-reviewed, actual,	80038
allowable direct care costs for eighty and one-half per cent of	80039
the medicaid days for such ICFs/IID for calendar year 1992.	80040

~~(c)~~(3) In ~~calculating~~determining the maximum cost per	80041
case-mix unit under divisions ~~(B)(2)(a)~~(C)(1) and ~~(b)~~(2) of this	80042
section for each peer group, the department shall exclude from its	80043
~~calculations~~determinations the cost per case-mix unit of any	80044
~~facility~~ICF/IID in the peer group that participated in the	80045
medicaid program under the same ~~operator~~provider for less than	80046
twelve months during the calendar year immediately preceding the	80047
fiscal year in which the rate will be paid.	80048

~~(3) Estimate~~(4) The department shall not reset a peer	80049
group's maximum cost per case-mix unit for a fiscal year under	80050
division (C)(1) or (2) of this section based on additional	80051
information that it receives after it sets the maximum for that	80052
fiscal year. The department shall reset a peer group's maximum	80053
cost per case-mix unit for a fiscal year only if it made an error	80054
in setting the maximum for that fiscal year based on information	80055
available to the department at the time it originally sets the	80056
maximum for that fiscal year.	80057

(D)(1) The department shall estimate the rate of inflation	80058
for the eighteen-month period beginning on the first day of July	80059
of the calendar year preceding the fiscal year in which ~~the~~a rate	80060
will be paid and ending on the thirty-first day of December of the	80061
fiscal year in which the rate will be paid, using the ~~index~~	80062
~~specified in division (C) of this section. If the estimated~~	80063
~~inflation rate for the eighteen-month period is different from the~~	80064
~~actual inflation rate for that period, as measured using the same~~	80065
~~index, the difference shall be added to or subtracted from the~~	80066
~~inflation rate estimated under division (B)(3) of this section for~~	80067
~~the following fiscal year.~~	80068

~~(4) The department shall not recalculate a maximum cost per~~	80069
~~case-mix unit under division (B)(2) of this section or a~~	80070
~~percentage under division (E) of this section based on additional~~	80071
~~information that it receives after the maximum costs per case-mix~~	80072
~~unit or percentages are set. The department shall recalculate a~~	80073
~~maximum cost per case-mix units or percentage only if it made an~~	80074
~~error in computing the maximum cost per case-mix unit or~~	80075
~~percentage based on information available at the time of the~~	80076
~~original calculation.~~	80077

~~(C) The department shall use the~~ following ~~index for the~~	80078
~~purpose of division (B)(3) of this section~~:	80079

~~(1) The~~(a) Subject to division (D)(1)(b) of this section,	80080
the employment cost index for total compensation, health services	80081
component, published by the United States bureau of labor	80082
statistics;	80083

~~(2)~~(b) If the United States bureau of labor statistics ceases	80084
to publish the index specified in division ~~(C)~~(D)(1)(a) of this	80085
section, the index that is subsequently published by the bureau	80086
and covers ~~nursing facilities'~~the staff costs of ICFs/IID.	80087

~~(D) Each facility's rate for direct care costs shall be~~	80088
~~determined as follows for each calendar quarter within a fiscal~~	80089
~~year:~~	80090

~~(1) Multiply the lesser of the following by the facility's~~	80091
~~average case-mix score determined under section 5111.232 of the~~	80092
~~Revised Code for the calendar quarter that preceded the~~	80093
~~immediately preceding calendar quarter:~~	80094

~~(a) The facility's cost per case-mix unit for the calendar~~	80095
~~year preceding the fiscal year in which the rate will be paid, as~~	80096
~~determined under division (B)(1) of this section;~~	80097

~~(b) The maximum cost per case-mix unit established for the~~	80098
~~fiscal year in which the rate will be paid for the facility's peer~~	80099
~~group under division (B)(2) of this section;~~	80100

~~(2) Adjust the product determined under division (D)(1) of~~	80101
~~this section by the inflation rate estimated under division (B)(3)~~	80102
~~of this section.~~	80103

~~(E)(1) The department shall calculate the percentage above~~	80104
~~the median cost per case-mix unit determined under division (B)(1)~~	80105
~~of this section for the facility that has the median medicaid day~~	80106
~~for calendar year 1992 for all intermediate care facilities for~~	80107
~~the mentally retarded with more than eight beds that would result~~	80108
~~in payment of all desk-reviewed, actual, allowable direct care~~	80109
~~costs for eighty and one-half per cent of the medicaid days for~~	80110
~~such facilities for calendar year 1992.~~	80111

~~(2) The department shall calculate the percentage above the~~	80112
~~median cost per case-mix unit determined under division (B)(1) of~~	80113
~~this section for the facility that has the median medicaid day for~~	80114
~~calendar year 1992 for all intermediate care facilities for the~~	80115
~~mentally retarded with eight or fewer beds that would result in~~	80116
~~payment of all desk-reviewed, actual, allowable direct care costs~~	80117
~~for eighty and one-half per cent of the medicaid days for such~~	80118
~~facilities for calendar year 1992.~~	80119

~~(F)~~(2) If the estimated inflation rate for the eighteen-month	80120
period specified in division (D)(1) of this section is different	80121
from the actual inflation rate for that period, as measured using	80122
the same index, the difference shall be added to or subtracted	80123
from the inflation rate estimated under division (D)(1) of this	80124
section for the following fiscal year.	80125

(E) The director of ~~job and family services~~developmental	80126
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	80127
the Revised Code that specify peer groups of ~~intermediate care~~	80128
~~facilities for the mentally retarded~~ICFs/IID with more than eight	80129
beds and ~~intermediate care facilities for the mentally retarded~~	80130
peer groups of ICFs/IID with eight or fewer beds, based on	80131
findings of significant per diem direct care cost differences due	80132
to geography and ~~facility~~ bed-size. The rules also may specify	80133
peer groups based on findings of significant per diem direct care	80134
cost differences due to other factors which may include case-mix.	80135

~~(G) The department, in accordance with division (D) of~~	80136
~~section 5111.232 of the Revised Code and rules adopted under~~	80137
~~division (F) of that section, may assign case-mix scores or costs~~	80138
~~per case-mix unit if a provider fails to submit assessment data~~	80139
~~necessary to calculate an intermediate care facility for the~~	80140
~~mentally retarded's case-mix score in accordance with that~~	80141
~~section.~~	80142

Sec. 5124.191. Each calendar quarter, each ICF/IID provider	80143
shall compile complete assessment data for each resident of each	80144
of the provider's ICFs/IID, regardless of payment source, who is	80145
in the ICF/IID, or on hospital or therapeutic leave from the	80146
ICF/IID, on the last day of the quarter. A resident assessment	80147
instrument specified in rules adopted under section 5124.03 of the	80148
Revised Code shall be used to compile the resident assessment	80149
data. Each provider shall submit the resident assessment data to	80150
the department of developmental disabilities not later than	80151
fifteen days after the end of the calendar quarter for which the	80152
data is compiled. The resident assessment data shall be submitted	80153
to the department through the medium or media specified in rules	80154
adopted under section 5124.03 of the Revised Code.	80155

Sec. 5124.192. (A) Except as provided in division (B) of	80156
this section, the department of developmental disabilities shall	80157
do both of the following:	80158

(1) For each calendar quarter, determine a case-mix score for	80159
each ICF/IID using the resident assessment data submitted to the	80160
department under section 5124.191 of the Revised Code and the	80161
grouper methodology prescribed in rules authorized by this	80162
section;	80163

(2) After the end of each calendar year and in accordance	80164
with rules authorized by this section, determine an annual average	80165
case-mix score for each ICF/IID using the ICF/IID's quarterly	80166
case-mix scores for that calendar year.	80167

(B)(1) Subject to division (B)(2) of this section, the	80168
department, for one or more months of a calendar quarter, may	80169
assign to an ICF/IID a case-mix score that is five per cent less	80170
than the ICF/IID's case-mix score for the immediately preceding	80171
calendar quarter if any of the following apply:	80172

(a) The provider does not timely submit complete and accurate	80173
resident assessment data necessary to determine the ICF/IID's	80174
case-mix score for the calendar quarter;	80175

(b) The ICF/IID was subject to an exception review under	80176
section 5124.193 of the Revised Code for the immediately preceding	80177
calendar quarter;	80178

(c) The ICF/IID was assigned a case-mix score for the	80179
immediately preceding calendar quarter.	80180

(2) Before assigning a case-mix score to an ICF/IID due to	80181
the submission of incorrect resident assessment data, the	80182
department shall permit the provider to correct the data. The	80183
department may assign the case-mix score if the provider fails to	80184
submit the corrected resident assessment data not later than	80185
eighty days after the end of the calendar quarter to which the	80186
data pertains or later due date specified in rules authorized by	80187
this section.	80188

(3) If, for more than six months during a calendar year, a	80189
provider is paid a rate determined for an ICF/IID using a case-mix	80190
score assigned to the ICF/IID under division (B)(1) of this	80191
section, the department may assign the ICF/IID a cost per case-mix	80192
unit that is five per cent less than the ICF/IID's actual or	80193
assigned cost per case-mix unit for the immediately preceding	80194
calendar year. The department may use the assigned cost per	80195
case-mix unit, instead of determining the ICF/IID's actual cost	80196
per case-mix unit in accordance with section 5124.19 of the	80197
Revised Code, to establish the ICF/IID's rate for direct care	80198
costs for the fiscal year immediately following the calendar year	80199
for which the cost per case-mix unit is assigned.	80200

(4) The department shall take action under division (B)(1),	80201
(2), or (3) of this section only in accordance with rules	80202
authorized by this section. The department shall not take an	80203
action that affects medicaid payment rates for prior payment	80204
periods except in accordance with sections 5124.41 and 5124.42 of	80205
the Revised Code.	80206

(C) The director of developmental disabilities shall adopt	80207
rules under section 5124.03 of the Revised Code as necessary to	80208
implement this section.	80209

(1) The rules shall do all of the following:

80210

(a) Prescribe a grouper methodology to be used when	80211
determining the case-mix scores for ICFs/IID;	80212

(b) Specify the process for determining the annual average	80213
case-mix scores for ICFs/IID;	80214

(c) Establish procedures under which resident assessment data	80215
is to be reviewed for accuracy and providers are to be notified of	80216
any data that requires correction;	80217

(d) Establish procedures for providers to correct resident	80218
assessment data and, if necessary, specify a due date for	80219
corrections that is later than the due date specified in division	80220
(B)(2) of this section.	80221

(e) Specify when and how the department will assign a	80222
case-mix score or cost per case-mix unit to an ICF/IID under	80223
division (B) of this section if information necessary to calculate	80224
the ICF/IID's case-mix score is not provided or corrected in	80225
accordance with the procedures established by the rules.	80226

(2) Notwithstanding any other provision of this chapter, the	80227
rules may provide for excluding case-mix scores assigned to an	80228
ICF/IID under division (B) of this section from the determination	80229
of the ICF/IID's annual average case-mix score and the maximum	80230
cost per case-mix unit for the ICF/IID's peer group.	80231

Sec. 5124.193. (A) The department of developmental	80232
disabilities may, pursuant to rules authorized by this section,	80233
conduct an exception review of resident assessment data submitted	80234
by an ICF/IID provider under section 5124.191 of the Revised Code.	80235
The department may conduct an exception review based on the	80236
findings of a medicaid certification survey conducted by the	80237
department of health, a risk analysis, or prior performance of the	80238
provider.	80239

Exception reviews shall be conducted at the ICF/IID by	80240
appropriate health professionals under contract with or employed	80241
by the department. The professionals may review resident	80242
assessment forms and supporting documentation, conduct interviews,	80243
and observe residents to identify any patterns or trends of	80244
inaccurate resident assessments and resulting inaccurate case-mix	80245
scores.	80246

(B) If an exception review is conducted before the effective	80247
date of an ICF/IID's rate for direct care costs that is based on	80248
the resident assessment data being reviewed and the review results	80249
in findings that exceed tolerance levels specified in the rules	80250
authorized by this section, the department, in accordance with the	80251
rules authorized by this section, may use the findings to	80252
redetermine individual resident case-mix scores, the ICF/IID's	80253
case-mix score for the quarter, and the ICF/IID's annual average	80254
case-mix score. The department may use the ICF/IID's redetermined	80255
quarterly and annual average case-mix scores to determine the	80256
ICF/IID's rate for direct care costs for the appropriate calendar	80257
quarter or quarters.	80258

(C) The department shall prepare a written summary of any	80259
exception review finding that is made after the effective date of	80260
an ICF/IID's rate for direct care costs that is based on the	80261
resident assessment data that was reviewed. Where the provider is	80262
pursuing judicial or administrative remedies in good faith	80263
regarding the finding, the department shall not withhold from the	80264
provider's current payments any amounts the department claims to	80265
be due from the provider pursuant to section 5124.41 of the	80266
Revised Code.	80267

(D)(1) The director of developmental disabilities shall adopt	80268
rules under section 5124.03 of the Revised Code as necessary to	80269
implement this section. The rules shall establish an exception	80270
review program that does all of the following:	80271

(a) Requires each exception review to comply with Title XIX;

80272

(b) Requires a written summary for each exception review that	80273
states whether resident assessment forms have been completed	80274
accurately;	80275

(c) Prohibits each health professional who conducts an	80276
exception review from doing either of the following:	80277

(i) During the period of the professional's contract or	80278
employment with the department, having or being committed to	80279
acquire any direct or indirect financial interest in the	80280
ownership, financing, or operation of ICFs/IID in this state;	80281

(ii) Reviewing any provider that has been a client of the	80282
professional.	80283

(2) For the purposes of division (D)(1)(c)(i) of this	80284
section, employment of a member of a health professional's family	80285
by an ICF/IID that the professional does not review does not	80286
constitute a direct or indirect financial interest in the	80287
ownership, financing, or operation of the ICF/IID.	80288

~~Sec. 5111.233.~~ Sec. 5124.194. The costs of day programming shall	80289
be part of the direct care costs of an ~~intermediate care facility~~	80290
~~for the mentally retarded~~ICF/IID as off-site day programming if	80291
the area in which the day programming is provided is not certified	80292
by the director of health as an ~~intermediate care facility for the~~	80293
~~mentally retarded~~ICF/IID under Title XIX and regardless of either	80294
of the following:	80295

(A) Whether or not the area in which the day programming is	80296
provided is less than two hundred feet away from the ~~intermediate~~	80297
~~care facility for the mentally retarded~~ICF/IID;	80298

(B) Whether or not the day programming is provided by an	80299
individual who, or organization that, is a related party to the	80300
provider of the ~~intermediate care facility for the mentally~~	80301
~~retarded~~ICF/IID.	80302

~~Sec. 5111.241.~~ Sec. 5124.21. (A) ~~The~~For each fiscal year, the	80303
department of ~~job and family services~~developmental disabilities	80304
shall ~~pay a provider for~~prospectively determine each ~~of the~~	80305
~~provider's eligible intermediate care facilities for the mentally~~	80306
~~retarded a~~ICF/IID's per ~~resident per~~medicaid day payment rate	80307
for indirect care costs ~~established prospectively each fiscal year~~	80308
~~for each facility~~. ~~The~~Subject to section 5124.28 of the Revised	80309
Code, an ICF/IID's rate ~~for each intermediate care facility for~~	80310
~~the mentally retarded~~ shall be the ~~sum of the following, but shall~~	80311
~~not exceed~~lesser of the individual rate determined under division	80312
(B) of this section and the maximum rate ~~established~~determined	80313
for the ~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of	80314
this section.	80315

(B) An ICF/IID's individual rate is the sum of the following:

80316

(1) The ~~facility's~~ICF/IID's desk-reviewed, actual,	80317
allowable, per diem indirect care costs from the calendar year	80318
immediately preceding the fiscal year in which the rate will be	80319
paid, adjusted for the inflation rate estimated under division	80320
~~(C)~~(D)(1) of this section;	80321

(2) An efficiency incentive in the following amount:

80322

(a) ~~For fiscal years ending in even-numbered calendar years:~~

80323

~~(i) In the case of intermediate care facilities for the~~	80324
~~mentally retarded with~~If the ICF/IID has more than eight beds,	80325
the following:	80326

(i) For fiscal year 2014, seven and one-tenth per cent of the	80327
maximum rate established for the ~~facility's~~ICF/IID's peer group	80328
under division ~~(B)~~(C) of this section;	80329

(ii) ~~In the case of intermediate care facilities for the~~	80330
~~mentally retarded with~~For fiscal years 2015 and 2016 and each	80331
fiscal year thereafter ending in an even-numbered calendar year,	80332
three and fifty-five hundredths per cent of the maximum rate	80333
established for the ICF/IID's peer group under division (C) of	80334
this section;	80335

(iii) For fiscal year 2017 and each fiscal year thereafter	80336
ending in an odd-numbered calendar year, the amount calculated for	80337
the immediately preceding fiscal year under division (B)(2)(a)(ii)	80338
of this section.	80339

(b) If the ICF/IID has eight or fewer beds, the following:

80340

(i) For each fiscal year ending in an even-numbered calendar	80341
year, seven per cent of the maximum rate established for the	80342
~~facility's~~ICF/IID's peer group under division ~~(B)~~(C) of this	80343
section;	80344

~~(b)~~(ii) For each fiscal ~~years~~year ending in an odd-numbered	80345
calendar ~~years~~year, the amount calculated for the immediately	80346
preceding fiscal year under division ~~(A)~~(B)(2)~~(a)~~(b)(i) of this	80347
section.	80348

~~(B)~~(C)(1) The maximum rate for indirect care costs for each	80349
peer group of ~~intermediate care facilities for the mentally~~	80350
~~retarded~~ICFs/IID with more than eight beds ~~specified in rules~~	80351
~~adopted under division (D) of this section~~ shall be determined as	80352
follows:	80353

(a) For each fiscal ~~years~~year ending in an even-numbered	80354
calendar ~~years~~year, the maximum rate for each such peer group	80355
shall be the rate that is no less than twelve and four-tenths per	80356
cent above the median desk-reviewed, actual, allowable, per diem	80357
indirect care cost for all ~~intermediate care facilities for the~~	80358
~~mentally retarded with more than eight beds~~ICFs/IID in the peer	80359
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	80360
indirect care costs for that period are more than three standard	80361
deviations from the mean desk-reviewed, actual, allowable, per	80362
diem indirect care cost for all ~~intermediate care facilities for~~	80363
~~the mentally retarded~~ICFs/IID with more than eight beds,) for the	80364
calendar year immediately preceding the fiscal year in which the	80365
rate will be paid, adjusted by the inflation rate estimated under	80366
division ~~(C)~~(D)(1) of this section.	80367

(b) For each fiscal ~~years~~year ending in an odd-numbered	80368
calendar ~~years~~year, the maximum rate for each such peer group is	80369
the peer group's maximum rate for the previous fiscal year,	80370
adjusted for the inflation rate estimated under division ~~(C)~~(D)(2)	80371
of this section.	80372

(2) The maximum rate for indirect care costs for each peer	80373
group of ~~intermediate care facilities for the mentally retarded~~	80374
ICFs/IID with eight or fewer beds ~~specified in rules adopted under~~	80375
~~division (D) of this section~~ shall be determined as follows:	80376

(a) For each fiscal ~~years~~year ending in an even-numbered	80377
calendar ~~years~~year, the maximum rate for each such peer group	80378
shall be the rate that is no less than ten and three-tenths per	80379
cent above the median desk-reviewed, actual, allowable, per diem	80380
indirect care cost for all ~~intermediate care facilities for the~~	80381
~~mentally retarded with eight or fewer beds~~ICFs/IID in the peer	80382
group,(excluding ~~facilities~~ICFs/IID in the peer group whose	80383
indirect care costs are more than three standard deviations from	80384
the mean desk-reviewed, actual, allowable, per diem indirect care	80385
cost for all ~~intermediate care facilities for the mentally~~	80386
~~retarded~~ICFs/IID with eight or fewer beds,) for the calendar year	80387
immediately preceding the fiscal year in which the rate will be	80388
paid, adjusted by the inflation rate estimated under division	80389
~~(C)~~(D)(1) of this section.	80390

(b) For each fiscal ~~years that end~~year ending in an	80391
odd-numbered calendar ~~years~~year, the maximum rate for each such	80392
peer group is the peer group's maximum rate for the previous	80393
fiscal year, adjusted for the inflation rate estimated under	80394
division ~~(C)~~(D)(2) of this section.	80395

(3) The department shall not ~~recalculate~~redetermine a	80396
maximum rate for indirect care costs under division ~~(B)~~(C)(1) or	80397
(2) of this section based on additional information that it	80398
receives after the maximum rate is set. The department shall	80399
~~recalculate~~redetermine the maximum rate for indirect care costs	80400
only if it made an error in computing the maximum rate based on	80401
the information available to the department at the time of the	80402
original calculation.	80403

~~(C)~~(D)(1) When adjusting rates for inflation under divisions	80404
~~(A)~~(B)(1), ~~(B)~~(C)(1)(a), and ~~(B)~~(C)(2)(a) of this section, the	80405
department shall estimate the rate of inflation for the	80406
eighteen-month period beginning on the first day of July of the	80407
calendar year immediately preceding the fiscal year in which the	80408
rate will be paid and ending on the thirty-first day of December	80409
of the fiscal year in which the rate will be paid. To estimate the	80410
rate of inflation, the department shall use the following:	80411

(a) ~~The~~Subject to division (D)(1)(b) of this section, the	80412
consumer price index for all items for all urban consumers for the	80413
north central region, published by the United States bureau of	80414
labor statistics;	80415

(b) If the United States bureau of labor statistics ceases to	80416
publish the index specified in division ~~(C)~~(D)(1)(a) of this	80417
section, a comparable index that the bureau publishes and the	80418
department determines is appropriate.	80419

(2) When adjusting rates for inflation under divisions	80420
~~(B)~~(C)(1)(b) and ~~(B)~~(C)(2)(b) of this section, the department	80421
shall estimate the rate of inflation for the twelve-month period	80422
beginning on the first day of January of the fiscal year	80423
immediately preceding the fiscal year in which the rate will be	80424
paid and ending on the thirty-first day of December of the fiscal	80425
year in which the rate will be paid. To estimate the rate of	80426
inflation, the department shall use the following:	80427

(a) ~~The~~Subject to division (D)(2)(b) of this section, the	80428
consumer price index for all items for all urban consumers for the	80429
north central region, published by the United States bureau of	80430
labor statistics;	80431

(b) If the United States bureau of labor statistics ceases to	80432
publish the index specified in division ~~(C)~~(D)(2)(a) of this	80433
section, a comparable index that the bureau publishes and the	80434
department determines is appropriate.	80435

(3) If an inflation rate estimated under division ~~(C)~~(D)(1)	80436
or (2) of this section is different from the actual inflation rate	80437
for the relevant time period, as measured using the same index,	80438
the difference shall be added to or subtracted from the inflation	80439
rate estimated pursuant to this division for the following fiscal	80440
year.	80441

~~(D)~~(E) The director of ~~job and family services~~developmental	80442
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	80443
the Revised Code that specify peer groups of ~~intermediate care~~	80444
~~facilities for the mentally retarded~~ICFs/IID with more than eight	80445
beds, and peer groups of ~~intermediate care facilities for the~~	80446
~~mentally retarded~~ICFs/IID with eight or fewer beds, based on	80447
findings of significant per diem indirect care cost differences	80448
due to geography and ~~facility~~ bed-size. The rules also may specify	80449
peer groups based on findings of significant per diem indirect	80450
care cost differences due to other factors, including case-mix.	80451

~~Sec. 5111.235.~~ Sec. 5124.23. (A) ~~The~~For each fiscal year, the	80452
department of ~~job and family services~~developmental disabilities	80453
shall ~~pay a provider for~~prospectively determine each ~~of the~~	80454
~~provider's eligible intermediate care facilities for the mentally~~	80455
~~retarded a~~ICF/IID's per ~~resident per~~medicaid day payment rate	80456
for other protected costs ~~established prospectively each fiscal~~	80457
~~year for each facility~~. ~~The~~An ICF/IID's rate ~~for each facility~~	80458
shall be the ~~facility's~~ICF/IID's desk-reviewed, actual,	80459
allowable, per diem other protected costs from the calendar year	80460
immediately preceding the fiscal year in which the rate will be	80461
paid, all adjusted for the estimated inflation rate for the	80462
eighteen-month period beginning on the first day of July of the	80463
calendar year immediately preceding the fiscal year in which the	80464
rate will be paid and ending on the thirty-first day of December	80465
of that fiscal year. The department shall estimate inflation using	80466
the index specified in division (B) of this section. If the	80467
estimated inflation rate for the eighteen-month period is	80468
different from the actual inflation rate for that period, the	80469
difference shall be added to or subtracted from the inflation rate	80470
estimated for the following year.	80471

(B) The department shall use the following index for the	80472
purpose of division (A) of this section:	80473

(1) ~~The~~Subject to division (B)(2) of this section, the	80474
consumer price index for all urban consumers for nonprescription	80475
drugs and medical supplies, as published by the United States	80476
bureau of labor statistics;	80477

(2) If the United States bureau of labor statistics ceases to	80478
publish the index specified in division (B)(1) of this section,	80479
the index that is subsequently published by the bureau and covers	80480
nonprescription drugs and medical supplies.	80481

Sec. 5124.25. (A) Subject to division (D) of this section,	80482
the department of developmental disabilities may pay a medicaid	80483
rate add-on to an ICF/IID provider for outlier ICF/IID services	80484
the ICF/IID provides to qualifying ventilator-dependent residents	80485
on or after July 1, 2014, if the provider applies to the	80486
department of developmental disabilities to receive the rate	80487
add-on and the department approves the application. The department	80488
of developmental disabilities may approve a provider's application	80489
if all of the following apply:	80490

(1) The provider submits to the department of developmental	80491
disabilities a best practices protocol for providing outlier	80492
ICF/IID services under this section and the department of	80493
developmental disabilities determines that the protocol is	80494
acceptable;	80495

(2) The provider executes with the department of medicaid an	80496
addendum to its provider agreement for the ICF/IID regarding the	80497
outlier ICF/IID services;	80498

(3) The provider and ICF/IID meet all other eligibility	80499
requirements for the rate add-on established in rules authorized	80500
by this section.	80501

(B) An ICF/IID that has been approved by the department of	80502
developmental disabilities to provider outlier ICF/IID services	80503
under this section shall provide the services in accordance with	80504
both of the following:	80505

(1) The best practices protocol the department of	80506
developmental disabilities determined is acceptable;	80507

(2) Requirements regarding the services established in rules	80508
authorized by this section.	80509

(C) To qualify to receive outlier ICF/IID services from an	80510
ICF/IID under this section, a resident of the ICF/IID must be a	80511
medicaid recipient, be under twenty-two years of age, be dependent	80512
on a ventilator, and meet all other eligibility requirements	80513
established in rules authorized by this section.	80514

(D) The department of developmental disabilities shall	80515
negotiate the amount of the medicaid payment rate add-on, if any,	80516
to be paid under this section, or the method by which that amount	80517
is to be determined, with the department of medicaid. The	80518
department of developmental disabilities shall not pay the rate	80519
add-on unless the department has approved the amount of the rate	80520
add-on or method by which the amount is to be determined.	80521

Sec. 5124.28. Notwithstanding any provision of section	80522
5124.17 or 5124.21 of the Revised Code, the director of	80523
developmental disabilities may adopt rules under section 5124.03	80524
of the Revised Code that provide for the determination of a	80525
combined maximum payment limit for indirect care costs and costs	80526
of ownership for ICFs/IID with eight or fewer beds.	80527

~~Sec. 5111.263.~~ Sec. 5124.29. Except as otherwise provided in	80528
section ~~5111.264~~5124.30 of the Revised Code, the department of	80529
~~job and family services~~developmental disabilities, in determining	80530
whether an ~~intermediate care facility for the mentally retarded's~~	80531
ICF/IID's direct care costs and indirect care costs are allowable,	80532
shall place no limit on specific categories of reasonable costs	80533
other than compensation of owners, compensation of relatives of	80534
owners, and compensation of administrators.	80535

Compensation cost limits for owners and relatives of owners	80536
shall be based on compensation costs for individuals who hold	80537
comparable positions but who are not owners or relatives of	80538
owners, as reported on ~~facility~~ICFs/IID's cost reports. As used	80539
in this section, "comparable position" means the position that is	80540
held by the owner or the owner's relative, if that position is	80541
listed separately on the cost report form, or if the position is	80542
not listed separately, the group of positions that is listed on	80543
the cost report form and that includes the position held by the	80544
owner or the owner's relative. In the case of an owner or owner's	80545
relative who serves the ~~facility~~ICFs/IID in a capacity such as	80546
corporate officer, proprietor, or partner for which no comparable	80547
position or group of positions is listed on the cost report form,	80548
the compensation cost limit shall be based on civil service	80549
equivalents and shall be specified in rules adopted under section	80550
~~5111.02~~5124.03 of the Revised Code.	80551

Compensation cost limits for administrators shall be based on	80552
compensation costs for administrators who are not owners or	80553
relatives of owners, as reported on ~~facility~~ICFs/IID's cost	80554
reports. Compensation cost limits for administrators of four or	80555
more ~~intermediate care facilities for the mentally retarded~~	80556
ICFs/IID shall be the same as the limits for administrators of	80557
~~intermediate care facilities for the mentally retarded~~ICFs/IID	80558
with one hundred fifty or more beds.	80559

Sec. 5124.30. Except as provided in section 5124.17 of the	80560
Revised Code, the costs of goods, services, and facilities,	80561
furnished to an ICF/IID provider by a related party are includable	80562
in the allowable costs of the provider at the reasonable cost to	80563
the related party.	80564

Sec. 5124.31. The department of developmental disabilities	80565
shall adjust medicaid payment rates determined under this chapter	80566
to account for reasonable additional costs that must be incurred	80567
by ICFs/IID to comply with requirements of federal or state	80568
statutes, rules, or policies enacted or amended after January 1,	80569
1992, or with orders issued by state or local fire authorities.	80570

Sec. 5124.32. The department of developmental disabilities	80571
shall not reduce an ICF/IID's medicaid payment rate determined	80572
under this chapter on the basis that the provider charges a lower	80573
rate to any resident who is not eligible for medicaid.	80574

Sec. 5124.33. No medicaid payment shall be made to an	80575
ICF/IID provider for the day a medicaid recipient is discharged	80576
from the ICF/IID.	80577

~~Sec. 5111.33.~~ Sec. 5124.34. ~~Reimbursement to a~~(A) The department	80578
of developmental disabilities shall pay an ICF/IID provider ~~of an~~	80579
~~intermediate care facility for the mentally retarded under~~	80580
~~sections 5111.20 to 5111.331 of the Revised Code shall include~~	80581
~~payments to the provider, at a rate equal to the percentage~~one	80582
hundred per cent of the ~~per resident~~total per medicaid day ~~rates~~	80583
~~that the department of job and family services has established~~	80584
payment rate determined for the ~~provider's facility~~ICF/IID under	80585
~~sections 5111.20 to 5111.331 of the Revised Code for the fiscal~~	80586
~~year for which the cost of services is reimbursed,~~this chapter to	80587
reserve a bed for a resident who is a medicaid recipient ~~during a~~	80588
~~temporary absence under conditions prescribed by the department,~~	80589
~~to include hospitalization for an acute condition, visits with~~	80590
~~relatives and friends, and participation in therapeutic programs~~	80591
~~outside the facility, when the~~if all of the following apply:	80592

(1) The recipient is temporarily absent from the ICF/IID for	80593
a reason that makes the absence qualified for payments under this	80594
section as specified in rules authorized by this section;	80595

(2) The resident's plan of care provides for ~~such~~the absence	80596
~~and federal~~;	80597

(3) Federal financial participation ~~in the payments~~ is	80598
available for the payments. ~~The~~	80599

(B) The maximum period during which medicaid payments may be	80600
made to reserve a bed shall not exceed the maximum period	80601
specified ~~under~~in federal regulations, and shall not be more	80602
than thirty days during any calendar year for hospital stays,	80603
visits with relatives and friends, and participation in	80604
therapeutic ~~programs.~~	80605

~~Recipients~~programs. However, a resident shall not be subject	80606
to a maximum period during which payments may be made to reserve a	80607
bed ~~in an intermediate care facility for the mentally retarded~~ if	80608
prior authorization of the department is obtained for hospital	80609
stays, visits with relatives and friends, and participation in	80610
therapeutic programs. ~~The~~	80611

(C)(1) The director of ~~job and family services~~developmental	80612
disabilities shall adopt rules under section ~~5111.02~~5124.03 of	80613
the Revised Code ~~establishing~~as necessary to implement this	80614
section, including rules that do the following:	80615

(a) Specify the reasons for which a temporary absence from an	80616
ICF/IID makes the absence qualify for payments under this section;	80617

(b) Establish conditions under which prior authorization may	80618
be obtained for the purpose of division (B) of this section.	80619

(2) The rules authorized by division (C)(1)(a) of this	80620
section shall include the following as reasons for which a	80621
temporary absence from an ICF/IID qualifies for payments under	80622
this section:	80623

(a) Hospitalization for acute conditions;

80624

(b) Visits with relatives and friends;

80625

(c) Participation in therapeutic programs outside the	80626
ICF/IID.	80627

Sec. 5124.35. Medicaid payments may be made for ICF/IID	80628
services provided not later than thirty days after the effective	80629
date of an involuntary termination of the ICF/IID that provides	80630
the services if the services are provided to a medicaid recipient	80631
who is eligible for the services and resided in the ICF/IID before	80632
the effective date of the involuntary termination.	80633

Sec. 5124.37. The department of developmental disabilities	80634
shall make its best efforts each year to determine ICFs/IID's	80635
medicaid payment rates under this chapter in time to pay the rates	80636
by August fifteenth of each fiscal year. If the department is	80637
unable to calculate the rates so that they can be paid by that	80638
date, the department shall pay each provider the rate calculated	80639
for the provider's ICFs/IID under those sections at the end of the	80640
previous fiscal year. If the department also is unable to	80641
calculate the rates to make the payments due by the fifteenth day	80642
of September and the fifteenth day of October, the department	80643
shall pay the previous fiscal year's rate to make those payments.	80644
The department may increase by five per cent the previous fiscal	80645
year's rate paid for any ICF/IID pursuant to this section at the	80646
request of the provider. The department shall use rates calculated	80647
for the current fiscal year to make the payments due by the	80648
fifteenth day of November.	80649

If an ICF/IID's medicaid payment rate paid under this section	80650
is lower than the rate calculated for it for the current fiscal	80651
year, the department shall pay the provider the difference between	80652
the two rates for the number of days for which the provider is	80653
paid the lower rate. If an ICF/IID's medicaid payment rate paid	80654
under this section is higher than the rate calculated for it for	80655
the current fiscal year, the provider shall refund to the	80656
department the difference between the two rates for the number of	80657
days for which the provider is paid the higher rate.	80658

Sec. 5124.38. (A) The director of developmental disabilities	80659
shall establish a process under which an ICF/IID provider, or a	80660
group or association of ICF/IID providers, may seek	80661
reconsideration of medicaid payment rates established under this	80662
chapter, including a rate for direct care costs redetermined	80663
before the effective date of the rate as a result of an exception	80664
review conducted under section 5124.193 of the Revised Code.	80665
Except as provided in divisions (B) to (D) of this section, the	80666
only issue that a provider, group, or association may raise in the	80667
rate reconsideration is whether the rate was calculated in	80668
accordance with this chapter and the rules adopted under section	80669
5124.03 of the Revised Code. The provider, group, or association	80670
may submit written arguments or other materials that support its	80671
position. The provider, group, or association and department shall	80672
take actions regarding the rate reconsideration within time frames	80673
specified in rules authorized by this section.	80674

If the department determines, as a result of the rate	80675
reconsideration, that the rate established for one or more	80676
ICFs/IID is less than the rate to which the ICF/IID is entitled,	80677
the department shall increase the rate. If the department has paid	80678
the incorrect rate for a period of time, the department shall pay	80679
the provider of the ICF/IID the difference between the amount the	80680
provider was paid for that period for the ICF/IID and the amount	80681
the provider should have been paid for the ICF/IID.	80682

(B)(1) The department, through the rate reconsideration	80683
process, may increase during a fiscal year the medicaid payment	80684
rate determined for an ICF/IID under this chapter if the provider	80685
demonstrates that the ICF/IID's actual, allowable costs have	80686
increased because of any of the following extreme circumstances:	80687

(a) A natural disaster;

80688

(b) A nonextensive renovation approved under division (D) of	80689
section 5124.17 of the Revised Code;	80690

(c) If the ICF/IID has an appropriate claims management	80691
program, an increase in the ICF/IID's workers' compensation	80692
experience rating of greater than five per cent;	80693

(d) If the ICF/IID is an inner-city ICF/IID, increased	80694
security costs;	80695

(e) A change of ownership that results from bankruptcy,	80696
foreclosure, or findings by the department of health of violations	80697
of medicaid certification requirements;	80698

(f) Other extreme circumstances specified in rules authorized	80699
by this section.	80700

(2) An ICF/IID may qualify for a rate increase under this	80701
division only if its per diem, actual, allowable costs have	80702
increased to a level that exceeds its total rate. An increase	80703
under this division is subject to any rate limitations or maximum	80704
rates established by this chapter for specific cost centers. Any	80705
rate increase granted under this division shall take effect on the	80706
first day of the first month after the department receives the	80707
request.	80708

(C) The department, through the rate reconsideration process,	80709
may increase an ICF/IID's rate as determined under this chapter if	80710
the department, in the department's sole discretion, determines	80711
that the rate as determined under those sections works an extreme	80712
hardship on the ICF/IID.	80713

(D) When beds certified for the medicaid program are added to	80714
an existing ICF/IID or replaced at the same site, the department,	80715
through the rate reconsideration process, shall increase the	80716
ICF/IID's rate for capital costs proportionately, as limited by	80717
any applicable limitation under section 5124.17 of the Revised	80718
Code, to account for the costs of the beds that are added or	80719
replaced. The department shall make this increase one month after	80720
the first day of the month after the department receives	80721
sufficient documentation of the costs. Any rate increase granted	80722
under this division after June 30, 1993, shall remain in effect	80723
until the effective date of a rate for capital costs determined	80724
under section 5124.17 of the Revised Code that includes costs	80725
incurred for a full calendar year for the bed addition or bed	80726
replacement. The ICF/IID shall report double accumulated	80727
depreciation in an amount equal to the depreciation included in	80728
the rate adjustment on its cost report for the first year of	80729
operation. During the term of any loan used to finance a project	80730
for which a rate adjustment is granted under this division, if the	80731
ICF/IID is operated by the same provider, the provider shall	80732
subtract from the interest costs it reports on its cost report an	80733
amount equal to the difference between the following:	80734

(1) The actual, allowable interest costs for the loan during	80735
the calendar year for which the costs are being reported;	80736

(2) The actual, allowable interest costs attributable to the	80737
loan that were used to calculate the rates paid to the provider	80738
for the ICF/IID during the same calendar year.	80739

(E) The department's decision at the conclusion of the	80740
reconsideration process is not subject to any administrative	80741
proceedings under Chapter 119. or any other provision of the	80742
Revised Code.	80743

(F) The director of developmental disabilities shall adopt	80744
rules under section 5124.03 of the Revised Code as necessary to	80745
implement this section.	80746

Sec. 5124.40. If an ICF/IID provider properly amends a cost	80747
report for an ICF/IID under section 5124.107 of the Revised Code	80748
and the amended report shows that the provider received a lower	80749
medicaid payment rate under the original cost report than the	80750
provider was entitled to receive, the department of developmental	80751
disabilities shall adjust the provider's rate for the ICF/IID	80752
prospectively to reflect the corrected information. The department	80753
shall pay the adjusted rate beginning two months after the first	80754
day of the month after the provider files the amended cost report.	80755

If the department finds, from an exception review of resident	80756
assessment data conducted pursuant to section 5124.193 of the	80757
Revised Code after the effective date of an ICF/IID's rate for	80758
direct care costs that is based on the resident assessment data,	80759
that inaccurate resident assessment data resulted in the provider	80760
receiving a lower rate for the ICF/IID than the provider was	80761
entitled to receive, the department prospectively shall adjust the	80762
provider's rate for the ICF/IID accordingly. The department shall	80763
make payments to the provider using the adjusted rate for the	80764
remainder of the calendar quarter for which the resident	80765
assessment data is used to determine the rate, beginning one month	80766
after the first day of the month after the exception review is	80767
completed.	80768

Sec. 5124.41. (A) The department of developmental	80769
disabilities shall redetermine a provider's medicaid payment rate	80770
for an ICF/IID using revised information if any of the following	80771
results in a determination that the provider received a higher	80772
medicaid payment rate for the ICF/IID than the provider was	80773
entitled to receive:	80774

(1) The provider properly amends a cost report for the	80775
ICF/IID under section 5124.107 of the Revised Code;	80776

(2) The department makes a finding based on an audit under	80777
section 5124.109 of the Revised Code;	80778

(3) The department makes a finding based on an exception	80779
review of resident assessment data conducted under section	80780
5124.193 of the Revised Code after the effective date of the	80781
ICF/IID's rate for direct care costs that is based on the resident	80782
assessment data.	80783

(B) The department shall apply the redetermined rate to the	80784
periods when the provider received the incorrect rate to determine	80785
the amount of the overpayment. The provider shall refund the	80786
amount of the overpayment. The department may charge the provider	80787
the following amount of interest from the time the overpayment was	80788
made:	80789

(1) If the overpayment resulted from costs reported for	80790
calendar year 1993, the interest shall be not greater than one and	80791
one-half times the current average bank prime rate.	80792

(2) If the overpayment resulted from costs reported for a	80793
subsequent calendar year:	80794

(a) The interest shall be not greater than two times the	80795
current average bank prime rate if the overpayment was not more	80796
than one per cent of the total medicaid payments to the provider	80797
for the fiscal year for which the incorrect information was used	80798
to determine a rate.	80799

(b) The interest shall be not greater than two and one-half	80800
times the current average bank prime rate if the overpayment was	80801
more than one per cent of the total medicaid payments to the	80802
provider for the fiscal year for which the incorrect information	80803
was used to determine a rate.	80804

Sec. 5124.42. In addition to the other penalties authorized	80805
by this chapter, the department of developmental disabilities may	80806
impose the following penalties on an ICF/IID provider:	80807

(A) If the provider does not furnish invoices or other	80808
documentation that the department requests during an audit within	80809
sixty days after the request, a fine of not more than the greater	80810
of the following:	80811

(1) One thousand dollars per audit;

80812

(2) Twenty-five per cent of the cumulative amount by which	80813
the costs for which documentation was not furnished increased the	80814
total medicaid payments to the provider during the fiscal year for	80815
which the costs were used to determine a rate.	80816

(B) If an exiting operator or owner fails to provide notice	80817
of a facility closure or voluntary termination as required by	80818
section 5124.50 of the Revised Code, or an exiting operator or	80819
owner and entering operator fail to provide notice of a change of	80820
operator as required by section 5124.51 of the Revised Code, a	80821
fine of not more than the current average bank prime rate plus	80822
four per cent of the last two monthly payments.	80823

Sec. 5124.43. For the purposes of sections 5124.41 and	80824
5124.42 of the Revised Code, the department of developmental	80825
disabilities shall determine the current average bank prime rate	80826
using statistical release H.15, "selected interest rates," a	80827
weekly publication of the federal reserve board, or any successor	80828
publication. If statistical release H.15, or its successor, ceases	80829
to contain the bank prime rate information or ceases to be	80830
published, the department shall request a written statement of the	80831
average bank prime rate from the federal reserve bank of Cleveland	80832
or the federal reserve board.	80833

Sec. 5124.44. (A) Except as provided in division (B) of this	80834
section, the department of developmental disabilities shall deduct	80835
the following from the next available medicaid payment the	80836
department makes to an ICF/IID provider who continues to	80837
participate in medicaid:	80838

(1) Any amount the provider is required to refund, and any	80839
interest charged, under section 5124.41 of the Revised Code;	80840

(2) The amount of any penalty imposed on the provider under	80841
section 5124.42 of the Revised Code.	80842

(B) The department and an ICF/IID provider may enter into an	80843
agreement under which a deduction required by division (A) of this	80844
section is taken in installments from payments the department	80845
makes to the provider.	80846

Sec. 5124.45. The department of developmental disabilities	80847
shall transmit to the treasurer of state for deposit in the	80848
general revenue fund amounts collected from the following:	80849

(A) Refunds required by, and interest charged under, section	80850
5124.41 of the Revised Code;	80851

(B) Amounts collected from penalties imposed under section	80852
5124.42 of the Revised Code.	80853

Sec. 5124.46. All of the following are subject to an	80854
adjudication conducted in accordance with Chapter 119. of the	80855
Revised Code:	80856

(A) Any audit disallowance that the department of	80857
developmental disabilities makes as the result of an audit under	80858
section 5124.109 of the Revised Code;	80859

(B) Any adverse finding that results from an exception review	80860
of resident assessment data conducted for an ICF/IID under section	80861
5124.193 of the Revised Code after the effective date of the	80862
ICF/IID's medicaid payment rate for direct care costs that is	80863
based on the resident assessment data;	80864

(C) Any medicaid payment deemed an overpayment under section	80865
5124.523 of the Revised Code;	80866

(D) Any penalty the department imposes under section 5124.42	80867
of the Revised Code or section 5124.523 of the Revised Code.	80868

Sec. 5124.50. An exiting operator or owner of an ICF/IID	80869
participating in the medicaid program shall provide the department	80870
of developmental disabilities and department of medicaid written	80871
notice of a facility closure or voluntary termination not less	80872
than ninety days before the effective date of the facility closure	80873
or voluntary termination. The written notice shall be provided to	80874
the department of developmental disabilities and department of	80875
medicaid in accordance with the method specified in rules	80876
authorized by section 5124.53 of the Revised Code.	80877

The written notice shall include all of the following:

80878

(A) The name of the exiting operator and, if any, the exiting	80879
operator's authorized agent;	80880

(B) The name of the ICF/IID that is the subject of the	80881
written notice;	80882

(C) The exiting operator's medicaid provider agreement number	80883
for the ICF/IID that is the subject of the written notice;	80884

(D) The effective date of the facility closure or voluntary	80885
termination;	80886

(E) The signature of the exiting operator's or owner's	80887
representative.	80888

Sec. 5124.51. (A) An exiting operator or owner and entering	80889
operator shall provide the department of developmental	80890
disabilities and department of medicaid written notice of a change	80891
of operator if the ICF/IID participates in the medicaid program	80892
and the entering operator seeks to continue the ICF/IID's	80893
participation. The written notice shall be provided to the	80894
department of developmental disabilities and department of	80895
medicaid in accordance with the method specified in rules	80896
authorized by section 5124.53 of the Revised Code. The written	80897
notice shall be provided to the department of developmental	80898
disabilities and department of medicaid not later than forty-five	80899
days before the effective date of the change of operator if the	80900
change of operator does not entail the relocation of residents.	80901
The written notice shall be provided to the department of	80902
developmental disabilities and department of medicaid not later	80903
than ninety days before the effective date of the change of	80904
operator if the change of operator entails the relocation of	80905
residents.	80906

The written notice shall include all of the following:

80907

(1) The name of the exiting operator and, if any, the exiting	80908
operator's authorized agent;	80909

(2) The name of the ICF/IID that is the subject of the change	80910
of operator;	80911

(3) The exiting operator's seven-digit medicaid legacy number	80912
and ten-digit national provider identifier number for the ICF/IID	80913
that is the subject of the change of operator;	80914

(4) The name of the entering operator;

80915

(5) The effective date of the change of operator;

80916

(6) The manner in which the entering operator becomes the	80917
ICF/IID's operator, including through sale, lease, merger, or	80918
other action;	80919

(7) If the manner in which the entering operator becomes the	80920
ICF/IID's operator involves more than one step, a description of	80921
each step;	80922

(8) Written authorization from the exiting operator or owner	80923
and entering operator for the department of medicaid to process a	80924
provider agreement for the entering operator;	80925

(9) The names and addresses of the persons to whom the	80926
department of developmental disabilities and department of	80927
medicaid should send initial correspondence regarding the change	80928
of operator;	80929

(10) The signature of the exiting operator's or owner's	80930
representative.	80931

(B) An exiting operator or owner and entering operator	80932
immediately shall provide the department of developmental	80933
disabilities and department of medicaid notice of any changes to	80934
information included in a written notice of a change of operator	80935
that occur after that notice is provided to the department of	80936
developmental disabilities and department of medicaid. The notice	80937
of the changes shall be provided to the department of	80938
developmental disabilities and department of medicaid in	80939
accordance with the method specified in rules authorized by	80940
section 5124.53 of the Revised Code.	80941

Sec. 5124.511. The department of medicaid may enter into a	80942
provider agreement with an entering operator that goes into effect	80943
at 12:01 a.m. on the effective date of the change of operator if	80944
all of the following requirements are met:	80945

(A) The department receives a properly completed written	80946
notice required by section 5124.51 of the Revised Code on or	80947
before the date required by that section.	80948

(B) The department receives both of the following in	80949
accordance with the method specified in rules authorized by	80950
section 5124.53 of the Revised Code and not later than ten days	80951
after the effective date of the change of operator:	80952

(1) From the entering operator, a completed application for a	80953
provider agreement and all other forms and documents specified in	80954
rules authorized by section 5124.53 of the Revised Code;	80955

(2) From the exiting operator or owner, all forms and	80956
documents specified in rules authorized by section 5124.53 of the	80957
Revised Code.	80958

(C) The entering operator is eligible to enter into a	80959
provider agreement for the ICF/IID as provided in section 5124.06	80960
of the Revised Code.	80961

Sec. 5124.512. (A) The department of medicaid may enter into	80962
a provider agreement with an entering operator that goes into	80963
effect at 12:01 a.m. on the date determined under division (B) of	80964
this section if all of the following are the case:	80965

(1) The department receives a properly completed written	80966
notice required by section 5124.51 of the Revised Code.	80967

(2) The department receives, from the entering operator and	80968
in accordance with the method specified in rules authorized by	80969
section 5124.53 of the Revised Code, a completed application for a	80970
provider agreement and all other forms and documents specified in	80971
rules adopted under that section.	80972

(3) The department receives, from the exiting operator or	80973
owner and in accordance with the method specified in rules	80974
authorized by section 5124.53 of the Revised Code, all forms and	80975
documents specified in rules adopted under that section.	80976

(4) One or more of the following apply:

80977

(a) The requirement of division (A)(1) of this section is met	80978
after the time required by section 5124.51 of the Revised Code;	80979

(b) The requirement of division (A)(2) of this section is met	80980
more than ten days after the effective date of the change of	80981
operator;	80982

(c) The requirement of division (A)(3) of this section is met	80983
more than ten days after the effective date of the change of	80984
operator.	80985

(5) The entering operator is eligible to enter into a	80986
provider agreement for the ICF/IID as provided in section 5124.06	80987
of the Revised Code.	80988

(B) The department shall determine the date a provider	80989
agreement entered into under this section is to go into effect as	80990
follows:	80991

(1) The effective date shall give the department sufficient	80992
time to process the change of operator and give the department	80993
sufficient time to assure no duplicate payments are made and make	80994
the withholding required by section 5124.521 of the Revised Code.	80995

(2) The effective date shall be not earlier than the latest	80996
of the following:	80997

(a) The effective date of the change of operator;

80998

(b) The date that the entering operator complies with section	80999
5124.51 of the Revised Code and division (A)(2) of this section;	81000

(c) The date that the exiting operator or owner complies with	81001
section 5124.51 of the Revised Code and division (A)(3) of this	81002
section.	81003

(3) The effective date shall be not later than the following	81004
after the later of the dates specified in division (B)(2) of this	81005
section:	81006

(a) Forty-five days if the change of operator does not entail	81007
the relocation of residents;	81008

(b) Ninety days if the change of operator entails the	81009
relocation of residents.	81010

Sec. 5124.513. A provider that enters into a provider	81011
agreement with the department of medicaid under section 5124.511	81012
or 5124.512 of the Revised Code shall do all of the following:	81013

(A) Comply with all applicable federal statutes and	81014
regulations;	81015

(B) Comply with section 5124.07 of the Revised Code and all	81016
other applicable state statutes and rules;	81017

(C) Comply with all the terms and conditions of the exiting	81018
operator's provider agreement, including all of the following:	81019

(1) Any plan of correction;

81020

(2) Compliance with health and safety standards;

81021

(3) Compliance with the ownership and financial interest	81022
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	81023

(4) Compliance with the civil rights requirements of 45	81024
C.F.R. parts 80, 84, and 90;	81025

(5) Compliance with additional requirements imposed by the	81026
department;	81027

(6) Any sanctions relating to remedies for violation of the	81028
provider agreement, including deficiencies, compliance periods,	81029
accountability periods, monetary penalties, notification for	81030
correction of contract violations, and history of deficiencies.	81031

Sec. 5124.514. In the case of a change of operator, the	81032
exiting operator shall be considered to be the operator of the	81033
ICF/IID for purposes of the medicaid program, including medicaid	81034
payments, until the effective date of the entering operator's	81035
provider agreement if the provider agreement is entered into under	81036
section 5124.511 or 5124.512 of the Revised Code.	81037

Sec. 5124.515. The department of medicaid may enter into a	81038
provider agreement as provided in section 5124.07 of the Revised	81039
Code, rather than section 5124.511 or 5124.512 of the Revised	81040
Code, with an entering operator if the entering operator does not	81041
agree to a provider agreement that satisfies the requirements of	81042
division (C) of section 5124.513 of the Revised Code. The	81043
department may not enter into the provider agreement unless the	81044
department of health certifies the ICF/IID under Title XIX. The	81045
effective date of the provider agreement shall not precede any of	81046
the following:	81047

(A) The date that the department of health certifies the	81048
ICF/IID;	81049

(B) The effective date of the change of operator;

81050

(C) The date the requirement of section 5124.51 of the	81051
Revised Code is satisfied.	81052

Sec. 5124.516. The director of developmental disabilities	81053
may adopt rules under section 5124.03 of the Revised Code	81054
governing adjustments to the medicaid reimbursement rate for an	81055
ICF/IID that undergoes a change of operator. No rate adjustment	81056
resulting from a change of operator shall be effective before the	81057
effective date of the entering operator's provider agreement. This	81058
is the case regardless of whether the provider agreement is	81059
entered into under section 5124.511, section 5124.512, or,	81060
pursuant to section 5124.515, section 5124.07 of the Revised Code.	81061

Sec. 5124.517. The department of developmental disabilities'	81062
determination that a change of operator has or has not occurred	81063
for purposes of licensure under section 5123.19 of the Revised	81064
Code shall affect either of the following:	81065

(A) A determination by the department of developmental	81066
disabilities or department of medicaid of whether or when a change	81067
of operator occurs;	81068

(B) The department of medicaid's determination of the	81069
effective date of an entering operator's provider agreement under	81070
section 5124.511, section 5124.512, or, pursuant to section	81071
5124.515, section 5124.07 of the Revised Code.	81072

Sec. 5124.52. (A) On receipt of a written notice under	81073
section 5124.50 of the Revised Code of a facility closure or	81074
voluntary termination, on receipt of a written notice under	81075
section 5124.51 of the Revised Code of a change of operator, or on	81076
the effective date of an involuntary termination, the department	81077
of developmental disabilities shall estimate the amount of any	81078
overpayments made under the medicaid program to the exiting	81079
operator, including overpayments the exiting operator disputes,	81080
and other actual and potential debts the exiting operator owes or	81081
may owe to the department and United States centers for medicare	81082
and medicaid services under the medicaid program, including a	81083
franchise permit fee.	81084

(B) In estimating the exiting operator's other actual and	81085
potential debts to the department and the United States centers	81086
for medicare and medicaid services under the medicaid program, the	81087
department shall use a debt estimation methodology the director of	81088
developmental disabilities shall establish in rules authorized by	81089
section 5124.53 of the Revised Code. The methodology shall provide	81090
for estimating all of the following that the department determines	81091
are applicable:	81092

(1) Refunds due the department under section 5124.41 of the	81093
Revised Code;	81094

(2) Interest owed to the department and United States centers	81095
for medicare and medicaid services;	81096

(3) Final civil monetary and other penalties for which all	81097
right of appeal has been exhausted;	81098

(4) Money owed the department and United States centers for	81099
medicare and medicaid services from any outstanding final fiscal	81100
audit, including a final fiscal audit for the last fiscal year or	81101
portion thereof in which the exiting operator participated in the	81102
medicaid program;	81103

(5) Other amounts the department determines are applicable.

81104

(C) The department shall provide the exiting operator written	81105
notice of the department's estimate under division (A) of this	81106
section not later than thirty days after the department receives	81107
the notice under section 5124.50 of the Revised Code of the	81108
facility closure or voluntary termination; the department receives	81109
the notice under section 5124.51 of the Revised Code of the change	81110
of operator; or the effective date of the involuntary termination.	81111
The department's written notice shall include the basis for the	81112
estimate.	81113

Sec. 5124.521. (A) Except as provided in divisions (B), (C),	81114
and (D) of this section, the department of developmental	81115
disabilities may withhold from payment due an exiting operator	81116
under the medicaid program the total amount specified in the	81117
notice provided under division (C) of section 5124.52 of the	81118
Revised Code that the exiting operator owes or may owe to the	81119
department and United States centers for medicare and medicaid	81120
services under the medicaid program.	81121

(B) In the case of a change of operator and subject to	81122
division (E) of this section, the following shall apply regarding	81123
a withholding under division (A) of this section if the exiting	81124
operator or entering operator or an affiliated operator executes a	81125
successor liability agreement meeting the requirements of division	81126
(F) of this section:	81127

(1) If the exiting operator, entering operator, or affiliated	81128
operator assumes liability for the total, actual amount of debt	81129
the exiting operator owes the department and the United States	81130
centers for medicare and medicaid services under the medicaid	81131
program as determined under section 5124.525 of the Revised Code,	81132
the department shall not make the withholding.	81133

(2) If the exiting operator, entering operator, or affiliated	81134
operator assumes liability for only the portion of the amount	81135
specified in division (B)(1) of this section that represents the	81136
franchise permit fee the exiting operator owes, the department	81137
shall withhold not more than the difference between the total	81138
amount specified in the notice provided under division (C) of	81139
section 5124.52 of the Revised Code and the amount for which the	81140
exiting operator, entering operator, or affiliated operator	81141
assumes liability.	81142

(C) In the case of a voluntary termination or facility	81143
closure and subject to division (E) of this section, the following	81144
shall apply regarding a withholding under division (A) of this	81145
section if the exiting operator or an affiliated operator executes	81146
a successor liability agreement meeting the requirements of	81147
division (F) of this section:	81148

(1) If the exiting operator or affiliated operator assumes	81149
liability for the total, actual amount of debt the exiting	81150
operator owes the department and the United States centers for	81151
medicare and medicaid services under the medicaid program as	81152
determined under section 5124.525 of the Revised Code, the	81153
department shall not make the withholding.	81154

(2) If the exiting operator or affiliated operator assumes	81155
liability for only the portion of the amount specified in division	81156
(C)(1) of this section that represents the franchise permit fee	81157
the exiting operator owes, the department shall withhold not more	81158
than the difference between the total amount specified in the	81159
notice provided under division (C) of section 5124.52 of the	81160
Revised Code and the amount for which the exiting operator or	81161
affiliated operator assumes liability.	81162

(D) In the case of an involuntary termination and subject to	81163
division (E) of this section, the following shall apply regarding	81164
a withholding under division (A) of this section if the exiting	81165
operator, the entering operator, or an affiliated operator	81166
executes a successor liability agreement meeting the requirements	81167
of division (F) of this section and the department approves the	81168
successor liability agreement:	81169

(1) If the exiting operator, entering operator, or affiliated	81170
operator assumes liability for the total, actual amount of debt	81171
the exiting operator owes the department and the United States	81172
centers for medicare and medicaid services under the medicaid	81173
program as determined under section 5124.525 of the Revised Code,	81174
the department shall not make the withholding.	81175

(2) If the exiting operator, entering operator, or affiliated	81176
operator assumes liability for only the portion of the amount	81177
specified in division (D)(1) of this section that represents the	81178
franchise permit fee the exiting operator owes, the department	81179
shall withhold not more than the difference between the total	81180
amount specified in the notice provided under division (C) of	81181
section 5124.52 of the Revised Code and the amount for which the	81182
exiting operator, entering operator, or affiliated operator	81183
assumes liability.	81184

(E) For an exiting operator or affiliated operator to be	81185
eligible to enter into a successor liability agreement under	81186
division (B), (C), or (D) of this section, both of the following	81187
must apply:	81188

(1) The exiting operator or affiliated operator must have one	81189
or more valid provider agreements, other than the provider	81190
agreement for the ICF/IID that is the subject of the involuntary	81191
termination, voluntary termination, facility closure, or change of	81192
operator;	81193

(2) During the twelve-month period preceding either the	81194
effective date of the involuntary termination or the month in	81195
which the department receives the notice of the voluntary	81196
termination or facility closure under section 5124.50 of the	81197
Revised Code or the notice of the change of operator under section	81198
5124.51 of the Revised Code, the average monthly medicaid payment	81199
made to the exiting operator or affiliated operator pursuant to	81200
the exiting operator's or affiliated operator's one or more	81201
provider agreements, other than the provider agreement for the	81202
ICF/IID that is the subject of the involuntary termination,	81203
voluntary termination, facility closure, or change of operator,	81204
must equal at least ninety per cent of the sum of the following:	81205

(a) The average monthly medicaid payment made to the exiting	81206
operator pursuant to the exiting operator's provider agreement for	81207
the ICF/IID that is the subject of the involuntary termination,	81208
voluntary termination, facility closure, or change of operator;	81209

(b) Whichever of the following apply:

81210

(i) If the exiting operator or affiliated operator has	81211
assumed liability under one or more other successor liability	81212
agreements, the total amount for which the exiting operator or	81213
affiliated operator has assumed liability under the other	81214
successor liability agreements;	81215

(ii) If the exiting operator or affiliated operator has not	81216
assumed liability under any other successor liability agreements,	81217
zero.	81218

(F) A successor liability agreement executed under this	81219
section must comply with all of the following:	81220

(1) It must provide for the operator who executes the	81221
successor liability agreement to assume liability for either of	81222
the following as specified in the agreement:	81223

(a) The total, actual amount of debt the exiting operator	81224
owes the department and the United States centers for medicare and	81225
medicaid services under the medicaid program as determined under	81226
section 5124.525 of the Revised Code;	81227

(b) The portion of the amount specified in division (F)(1)(a)	81228
of this section that represents the franchise permit fee the	81229
exiting operator owes.	81230

(2) It may not require the operator who executes the	81231
successor liability agreement to furnish a surety bond.	81232

(3) It must provide that the department, after determining	81233
under section 5124.525 of the Revised Code the actual amount of	81234
debt the exiting operator owes the department and United States	81235
centers for medicare and medicaid services under the medicaid	81236
program, may deduct the lesser of the following from medicaid	81237
payments made to the operator who executes the successor liability	81238
agreement:	81239

(a) The total, actual amount of debt the exiting operator	81240
owes the department and the United States centers for medicare and	81241
medicaid services under the medicaid program as determined under	81242
section 5124.525 of the Revised Code;	81243

(b) The amount for which the operator who executes the	81244
successor liability agreement assumes liability under the	81245
agreement.	81246

(4) It must provide that the deductions authorized by	81247
division (F)(3) of this section are to be made for a number of	81248
months, not to exceed six, agreed to by the operator who executes	81249
the successor liability agreement and the department or, if the	81250
operator who executes the successor liability agreement and	81251
department cannot agree on a number of months that is less than	81252
six, a greater number of months determined by the attorney general	81253
pursuant to a claims collection process authorized by statute of	81254
this state.	81255

(5) It must provide that, if the attorney general determines	81256
the number of months for which the deductions authorized by	81257
division (F)(3) of this section are to be made, the operator who	81258
executes the successor liability agreement shall pay, in addition	81259
to the amount collected pursuant to the attorney general's claims	81260
collection process, the part of the amount so collected that, if	81261
not for division (H) of this section, would be required by section	81262
109.081 of the Revised Code to be paid into the attorney general	81263
claims fund.	81264

(G) Execution of a successor liability agreement does not	81265
waive an exiting operator's right to contest the amount specified	81266
in the notice the department provides the exiting operator under	81267
division (C) of section 5124.52 of the Revised Code.	81268

(H) Notwithstanding section 109.081 of the Revised Code, the	81269
entire amount that the attorney general, whether by employees or	81270
agents of the attorney general or by special counsel appointed	81271
pursuant to section 109.08 of the Revised Code, collects under a	81272
successor liability agreement, other than the additional amount	81273
the operator who executes the agreement is required by division	81274
(F)(5) of this section to pay, shall be paid to the department of	81275
developmental disabilities for deposit into the appropriate fund.	81276
The additional amount that the operator is required to pay shall	81277
be paid into the state treasury to the credit of the attorney	81278
general claims fund created under section 109.081 of the Revised	81279
Code.	81280

Sec. 5124.522. (A) Except as provided in division (B) of	81281
this section, an exiting operator shall file with the department	81282
of developmental disabilities a cost report not later than ninety	81283
days after the last day the exiting operator's provider agreement	81284
is in effect. The cost report shall cover the period that begins	81285
with the day after the last day covered by the operator's most	81286
recent previous cost report filed under section 5124.10 or	81287
5124.101 of the Revised Code and ends on the last day the exiting	81288
operator's provider agreement is in effect. The cost report shall	81289
include, as applicable, all of the following:	81290

(1) The sale price of the ICF/IID;

81291

(2) A final depreciation schedule that shows which assets are	81292
transferred to the buyer and which assets are not transferred to	81293
the buyer;	81294

(3) Any other information the department requires.

81295

(B) The department, at its sole discretion, may waive the	81296
requirement that an exiting operator file a cost report in	81297
accordance with division (A) of this section.	81298

Sec. 5124.523. If an exiting operator required by section	81299
5124.522 of the Revised Code to file a cost report with the	81300
department of developmental disabilities fails to file the cost	81301
report in accordance with that section, all payments under the	81302
medicaid program for the period the cost report is required to	81303
cover are deemed overpayments until the date the department	81304
receives the properly completed cost report. The department may	81305
impose on the exiting operator a penalty of one hundred dollars	81306
for each calendar day the properly completed cost report is late.	81307

Sec. 5124.524. The department of developmental disabilities	81308
may not provide an exiting operator final payment under the	81309
medicaid program until the department receives all properly	81310
completed cost reports the exiting operator is required to file	81311
under sections 5124.10 and 5124.522 of the Revised Code.	81312

Sec. 5124.525. The department of developmental disabilities	81313
shall determine the actual amount of debt an exiting operator owes	81314
the department and the United States centers for medicare and	81315
medicaid services under the medicaid program by completing all	81316
final fiscal audits not already completed and performing all other	81317
appropriate actions the department determines to be necessary. The	81318
department shall issue an initial debt summary report on this	81319
matter not later than sixty days after the date the exiting	81320
operator files the properly completed cost report required by	81321
section 5124.522 of the Revised Code with the department or, if	81322
the department waives the cost report requirement for the exiting	81323
operator, sixty days after the date the department waives the cost	81324
report requirement. The initial debt summary report becomes the	81325
final debt summary report thirty-one days after the department	81326
issues the initial debt summary report unless the exiting	81327
operator, or an affiliated operator who executes a successor	81328
liability agreement under section 5124.521 of the Revised Code,	81329
requests a review before that date.	81330

The exiting operator, and an affiliated operator who executes	81331
a successor liability agreement under section 5124.521 of the	81332
Revised Code, may request a review to contest any of the	81333
department's findings included in the initial debt summary report.	81334
The request for the review must be submitted to the department not	81335
later than thirty days after the date the department issues the	81336
initial debt summary report. The department shall conduct the	81337
review on receipt of a timely request and issue a revised debt	81338
summary report. If the department has withheld money from payment	81339
due the exiting operator under division (A) of section 5124.521 of	81340
the Revised Code, the department shall issue the revised debt	81341
summary report not later than ninety days after the date the	81342
department receives the timely request for the review unless the	81343
department and exiting operator or affiliated operator agree to a	81344
later date. The exiting operator or affiliated operator may submit	81345
information to the department explaining what the operator	81346
contests before and during the review, including documentation of	81347
the amount of any debt the department owes the operator. The	81348
exiting operator or affiliated operator may submit additional	81349
information to the department not later than thirty days after the	81350
department issues the revised debt summary report. The revised	81351
debt summary report becomes the final debt summary report	81352
thirty-one days after the department issues the revised debt	81353
summary report unless the exiting operator or affiliated operator	81354
timely submits additional information to the department. If the	81355
exiting operator or affiliated operator timely submits additional	81356
information to the department, the department shall consider the	81357
additional information and issue a final debt summary report not	81358
later than sixty days after the department issues the revised debt	81359
summary report unless the department and exiting operator or	81360
affiliated operator agree to a later date.	81361

Each debt summary report the department issues under this	81362
section shall include the department's findings and the amount of	81363
debt the department determines the exiting operator owes the	81364
department and United States centers for medicare and medicaid	81365
services under the medicaid program. The department shall explain	81366
its findings and determination in each debt summary report.	81367

The exiting operator, and an affiliated operator who executes	81368
a successor liability agreement under section 5124.521 of the	81369
Revised Code, may request, in accordance with Chapter 119. of the	81370
Revised Code, an adjudication regarding a finding in a final debt	81371
summary report that pertains to an audit or alleged overpayment	81372
made under the medicaid program to the exiting operator. The	81373
adjudication shall be consolidated with any other uncompleted	81374
adjudication that concerns a matter addressed in the final debt	81375
summary report.	81376

Sec. 5124.526. The department of developmental disabilities	81377
shall release the actual amount withheld under division (A) of	81378
section 5124.521 of the Revised Code, less any amount the exiting	81379
operator owes the department and United States centers for	81380
medicare and medicaid services under the medicaid program, as	81381
follows:	81382

(A) Unless the department issues the initial debt summary	81383
report required by section 5124.525 of the Revised Code not later	81384
than sixty days after the date the exiting operator files the	81385
properly completed cost report required by section 5124.522 of the	81386
Revised Code, sixty-one days after the date the exiting operator	81387
files the properly completed cost report;	81388

(B) If the department issues the initial debt summary report	81389
required by section 5124.525 of the Revised Code not later than	81390
sixty days after the date the exiting operator files a properly	81391
completed cost report required by section 5124.522 of the Revised	81392
Code, not later than the following:	81393

(1) Thirty days after the deadline for requesting an	81394
adjudication under section 5124.525 of the Revised Code regarding	81395
the final debt summary report if the exiting operator, and an	81396
affiliated operator who executes a successor liability agreement	81397
under section 5124.521 of the Revised Code, fail to request the	81398
adjudication on or before the deadline;	81399

(2) Thirty days after the completion of an adjudication of	81400
the final debt summary report if the exiting operator, or an	81401
affiliated operator who executes a successor liability agreement	81402
under section 5124.521 of the Revised Code, requests the	81403
adjudication on or before the deadline for requesting the	81404
adjudication.	81405

(C) Unless the department issues the initial debt summary	81406
report required by section 5124.525 of the Revised Code not later	81407
than sixty days after the date the department waives the cost	81408
report requirement of section 5124.522 of the Revised Code,	81409
sixty-one days after the date the department waives the cost	81410
report requirement;	81411

(D) If the department issues the initial debt summary report	81412
required by section 5124.525 of the Revised Code not later than	81413
sixty days after the date the department waives the cost report	81414
requirement of section 5124.522 of the Revised Code, not later	81415
than the following:	81416

(1) Thirty days after the deadline for requesting an	81417
adjudication under section 5124.525 of the Revised Code regarding	81418
the final debt summary report if the exiting operator, and an	81419
affiliated operator who executes a successor liability agreement	81420
under section 5124.521 of the Revised Code, fail to request the	81421
adjudication on or before the deadline;	81422

(2) Thirty days after the completion of an adjudication of	81423
the final debt summary report if the exiting operator, or an	81424
affiliated operator who executes a successor liability agreement	81425
under section 5124.521 of the Revised Code, requests the	81426
adjudication on or before the deadline for requesting the	81427
adjudication.	81428

Sec. 5124.527. The department of developmental disabilities,	81429
at its sole discretion, may release the amount withheld under	81430
division (A) of section 5124.521 of the Revised Code if the	81431
exiting operator submits to the department written notice of a	81432
postponement of a change of operator, facility closure, or	81433
voluntary termination and the transactions leading to the change	81434
of operator, facility closure, or voluntary termination are	81435
postponed for at least thirty days but less than ninety days after	81436
the date originally proposed for the change of operator, facility	81437
closure, or voluntary termination as reported in the written	81438
notice required by section 5124.50 or 5124.51 of the Revised Code.	81439
The department shall release the amount withheld if the exiting	81440
operator submits to the department written notice of a	81441
cancellation or postponement of a change of operator, facility	81442
closure, or voluntary termination and the transactions leading to	81443
the change of operator, facility closure, or voluntary termination	81444
are canceled or postponed for more than ninety days after the date	81445
originally proposed for the change of operator, facility closure,	81446
or voluntary termination as reported in the written notice	81447
required by section 5124.50 or 5124.51 of the Revised Code. A	81448
written notice shall be provided to the department in accordance	81449
with the method specified in rules authorized by section 5124.53	81450
of the Revised Code.	81451

After the department receives a written notice regarding a	81452
cancellation or postponement of a facility closure or voluntary	81453
termination, the exiting operator or owner shall provide new	81454
written notice to the department under section 5124.50 of the	81455
Revised Code regarding any transactions leading to a facility	81456
closure or voluntary termination at a future time. After the	81457
department receives a written notice regarding a cancellation or	81458
postponement of a change of operator, the exiting operator or	81459
owner and entering operator shall provide new written notice to	81460
the department under section 5124.51 of the Revised Code regarding	81461
any transactions leading to a change of operator at a future time.	81462

Sec. 5124.528. (A) All amounts withheld under section	81463
5124.521 of the Revised Code from payment due an exiting operator	81464
under the medicaid program shall be deposited into the medicaid	81465
payment withholding fund created by the controlling board pursuant	81466
to section 131.35 of the Revised Code. Money in the fund shall be	81467
used as follows:	81468

(1) To pay an exiting operator when a withholding is released	81469
to the exiting operator under section 5124.526 or 5124.527 of the	81470
Revised Code;	81471

(2) To pay the department of medicaid or department of	81472
developmental disabilities, and United States centers for medicare	81473
and medicaid services, the amount an exiting operator owes the	81474
department of medicaid or department of developmental disabilities	81475
and United States centers under the medicaid program.	81476

(B) Amounts paid from the medicaid payment withholding fund	81477
pursuant to division (A)(2) of this section shall be deposited	81478
into the appropriate fund.	81479

Sec. 5124.53. The director of developmental disabilities	81480
shall adopt rules under section 5124.03 of the Revised Code to	81481
implement sections 5124.50 to 5124.53 of the Revised Code. The	81482
rules shall specify all of the following:	81483

(A) The method by which written notices to the department	81484
required by sections 5124.50 to 5124.53 of the Revised Code are to	81485
be provided;	81486

(B) The forms and documents that are to be provided to the	81487
department under sections 5124.511 and 5124.512 of the Revised	81488
Code, which shall include, in the case of such forms and documents	81489
provided by entering operators, all the fully executed leases,	81490
management agreements, merger agreements and supporting documents,	81491
and fully executed sales contracts and any other supporting	81492
documents culminating in the change of operator;	81493

(C) The method by which the forms and documents identified in	81494
division (B) of this section are to be provided to the department.	81495

~~Sec. 5111.874.~~ Sec. 5124.60. (A) ~~As used in sections 5111.874 to~~	81496
~~5111.8710 of the Revised Code:~~	81497

~~"Home and community-based services" has the same meaning as~~	81498
~~in section 5123.01 of the Revised Code.~~	81499

~~"ICF/MR services" means intermediate care facility for the~~	81500
~~mentally retarded services covered by the medicaid program that an~~	81501
~~intermediate care facility for the mentally retarded provides to a~~	81502
~~resident of the facility who is a medicaid recipient eligible for~~	81503
~~medicaid-covered intermediate care facility for the mentally~~	81504
~~retarded services.~~	81505

~~"Intermediate care facility for the mentally retarded" means~~	81506
~~an intermediate care facility for the mentally retarded that is~~	81507
~~certified as in compliance with applicable standards for the~~	81508
~~medicaid program by the director of health in accordance with~~	81509
~~Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42~~	81510
~~U.S.C. 1396, as amended, and licensed as a residential facility~~	81511
~~under section 5123.19 of the Revised Code.~~	81512

~~"Residential facility" has the same meaning as in section~~	81513
~~5123.19 of the Revised Code.~~	81514

~~(B)~~ For the purpose of increasing the number of slots	81515
available for home and community-based services and subject to	81516
sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of the Revised	81517
Code, the operator of an ~~intermediate care facility for the~~	81518
~~mentally retarded~~ICF/IID may convert some or all of the beds in	81519
the ~~facility~~ICF/IID from providing ~~ICF/MR~~ICF/IID services to	81520
providing home and community-based services if all of the	81521
following requirements are met:	81522

(1) The operator provides the directors of health and	81523
developmental disabilities at least ninety days' notice of the	81524
operator's intent to make the conversion.	81525

(2) The operator complies with the requirements of sections	81526
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	81527
a voluntary termination ~~as defined in section 5111.65 of the~~	81528
~~Revised Code~~ if those requirements are applicable.	81529

(3) If the operator intends to convert all of the ~~facility's~~	81530
ICF/IID's beds, the operator notifies each of the ~~facility's~~	81531
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	81532
providing ~~ICF/MR~~ICF/IID services and inform each resident that	81533
the resident may do either of the following:	81534

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	81535
transferring to another ~~facility~~ICF/IID that is ~~an intermediate~~	81536
~~care facility for the mentally retarded~~ willing and able to accept	81537
the resident if the resident continues to qualify for ~~ICF/MR~~	81538
ICF/IID services;	81539

(b) Begin to receive home and community-based services	81540
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	81541
community-based services that is willing and able to provide the	81542
services to the resident if the resident is eligible for the	81543
services and a slot for the services is available to the resident.	81544

(4) If the operator intends to convert some but not all of	81545
the ~~facility's~~ICF/IID's beds, the operator notifies each of the	81546
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	81547
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	81548
providing home and community-based services and inform each	81549
resident that the resident may do either of the following:	81550

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	81551
~~provider of ICF/MR services~~ICF/IID that is willing and able to	81552
provide the services to the resident if the resident continues to	81553
qualify for ~~ICF/MR~~ICF/IID services;	81554

(b) Begin to receive home and community-based services	81555
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	81556
community-based services that is willing and able to provide the	81557
services to the resident if the resident is eligible for the	81558
services and a slot for the services is available to the resident.	81559

(5) The operator meets the requirements for providing home	81560
and community-based services, including the following:	81561

(a) Such requirements applicable to a residential facility if	81562
the operator maintains the facility's license as a residential	81563
facility;	81564

(b) Such requirements applicable to a facility that is not	81565
licensed as a residential facility if the operator surrenders the	81566
facility's license as a residential facility under section 5123.19	81567
of the Revised Code.	81568

(6) The director of developmental disabilities approves the	81569
conversion.	81570

~~(C)~~(B) A decision by the director of developmental	81571
disabilities to approve or refuse to approve a proposed conversion	81572
of beds is final. In making a decision, the director shall	81573
consider all of the following:	81574

(1) The fiscal impact on the ~~facility~~ICF/IID if some but not	81575
all of the beds are converted;	81576

(2) The fiscal impact on the ~~medical assistance~~medicaid	81577
program;	81578

(3) The availability of home and community-based services.

81579

~~(D)~~(C) The notice provided to the directors under division	81580
~~(B)~~(A)(1) of this section shall specify whether some or all of the	81581
~~facility's~~ICF/IID's beds are to be converted. If some but not all	81582
of the beds are to be converted, the notice shall specify how many	81583
of the ~~facility's~~ICF/IID's beds are to be converted and how many	81584
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	81585
The notice to the director of developmental disabilities shall	81586
specify whether the operator wishes to surrender the ~~facility's~~	81587
ICF/IID's license as a residential facility under section 5123.19	81588
of the Revised Code.	81589

~~(E)~~(D)(1) If the director of developmental disabilities	81590
approves a conversion under division ~~(C)~~(B) of this section, the	81591
director of health shall do the following:	81592

(a) Terminate the ICF/IID's medicaid certification ~~of the~~	81593
~~intermediate care facility for the mentally retarded~~ if the notice	81594
specifies that all of the ~~facility's~~ICF/IID's beds are to be	81595
converted;	81596

(b) Reduce the ~~facility's certified~~ICF/IID's	81597
medicaid-certified capacity by the number of beds being converted	81598
if the notice specifies that some but not all of the beds are to	81599
be converted.	81600

(2) The director of health shall notify the medicaid director	81601
~~of job and family services~~ of the termination or reduction. On	81602
receipt of the ~~director of health's~~ notice, the medicaid director	81603
~~of job and family services~~ shall do the following:	81604

(a) Terminate the operator's medicaid provider agreement that	81605
authorizes the operator to provide ~~ICF/MR~~ICF/IID services at the	81606
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's certification was	81607
terminated;	81608

(b) Amend the operator's medicaid provider agreement to	81609
reflect the ~~facility's~~ICF/IID's reduced ~~certified~~	81610
medicaid-certified capacity if the ~~facility's certified~~ICF/IID's	81611
medicaid-certified capacity is reduced.	81612

(3) In the case of action taken under division ~~(E)~~(D)(2)(a)	81613
of this section, the operator is not entitled to notice or a	81614
hearing under Chapter 119. of the Revised Code before the medicaid	81615
director ~~of job and family services~~ terminates the medicaid	81616
provider agreement.	81617

~~Sec. 5111.875.~~ Sec. 5124.61. (A) For the purpose of increasing the	81618
number of slots available for home and community-based services	81619
and subject to sections ~~5111.877~~5124.63 and ~~5111.878~~5124.64 of	81620
the Revised Code, a person who acquires, through a request for	81621
proposals issued by the director of developmental disabilities, a	81622
~~residential facility that is an intermediate care facility for the~~	81623
~~mentally retarded and~~an ICF/IID for which ~~the~~a residential	81624
facility license ~~as a residential facility~~ was previously	81625
surrendered or revoked may convert some or all of the ~~facility's~~	81626
ICF/IID's beds from providing ~~ICF/MR~~ICF/IID services to providing	81627
home and community-based services if all of the following	81628
requirements are met:	81629

(1) The person provides the directors of health~~, job and~~	81630
~~family services,~~ and developmental disabilities and medicaid	81631
director at least ninety days' notice of the person's intent to	81632
make the conversion.	81633

(2) The person complies with the requirements of sections	81634
~~5111.65~~5124.50 to ~~5111.689~~5124.53 of the Revised Code regarding	81635
a voluntary termination ~~as defined in section 5111.65 of the~~	81636
~~Revised Code~~ if those requirements are applicable.	81637

(3) If the person intends to convert all of the ~~facility's~~	81638
ICF/IID's beds, the person notifies each of the ~~facility's~~	81639
ICF/IID's residents that the ~~facility~~ICF/IID is to cease	81640
providing ~~ICF/MR~~ICF/IID services and informs each resident that	81641
the resident may do either of the following:	81642

(a) Continue to receive ~~ICF/MR~~ICF/IID services by	81643
transferring to another ~~facility that is an intermediate care~~	81644
~~facility for the mentally retarded~~ICF/IID willing and able to	81645
accept the resident if the resident continues to qualify for	81646
~~ICF/MR~~ICF/IID services;	81647

(b) Begin to receive home and community-based services	81648
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	81649
community-based services that is willing and able to provide the	81650
services to the resident if the resident is eligible for the	81651
services and a slot for the services is available to the resident.	81652

(4) If the person intends to convert some but not all of the	81653
~~facility's~~ICF/IID's beds, the person notifies each of the	81654
~~facility's~~ICF/IID's residents that the ~~facility~~ICF/IID is to	81655
convert some of its beds from providing ~~ICF/MR~~ICF/IID services to	81656
providing home and community-based services and inform each	81657
resident that the resident may do either of the following:	81658

(a) Continue to receive ~~ICF/MR~~ICF/IID services from any	81659
~~provider of ICF/MR services~~ICF/IID that is willing and able to	81660
provide the services to the resident if the resident continues to	81661
qualify for ~~ICF/MR~~ICF/IID services;	81662

(b) Begin to receive home and community-based services	81663
instead of ~~ICF/MR~~ICF/IID services from any provider of home and	81664
community-based services that is willing and able to provide the	81665
services to the resident if the resident is eligible for the	81666
services and a slot for the services is available to the resident.	81667

(5) The person meets the requirements for providing home and	81668
community-based services at a residential facility.	81669

(B) The notice provided to the directors under division	81670
(A)(1) of this section shall specify whether some or all of the	81671
~~facility's~~ICF/IID's beds are to be converted. If some but not all	81672
of the beds are to be converted, the notice shall specify how many	81673
of the ~~facility's~~ICF/IID's beds are to be converted and how many	81674
of the beds are to continue to provide ~~ICF/MR~~ICF/IID services.	81675

(C) On receipt of a notice under division (A)(1) of this	81676
section, the director of health shall do the following:	81677

(1) Terminate the ICF/IID's medicaid certification ~~of the~~	81678
~~intermediate care facility for the mentally retarded~~ if the notice	81679
specifies that all of the facility's beds are to be converted;	81680

(2) Reduce the ~~facility's certified~~ICF/IID's	81681
medicaid-certified capacity by the number of beds being converted	81682
if the notice specifies that some but not all of the beds are to	81683
be converted.	81684

(D) The director of health shall notify the medicaid director	81685
~~of job and family services~~ of the termination or reduction under	81686
division (C) of this section. On receipt of the director of	81687
health's notice, the medicaid director ~~of job and family services~~	81688
shall do the following:	81689

(1) Terminate the person's medicaid provider agreement that	81690
authorizes the person to provide ~~ICF/MR~~ICF/IID services at the	81691
~~facility~~ICF/IID if the ~~facility's~~ICF/IID's medicaid	81692
certification was terminated;	81693

(2) Amend the person's medicaid provider agreement to reflect	81694
the ~~facility's~~ICF/IID's reduced ~~certified~~medicaid-certified	81695
capacity if the ~~facility's certified~~ICF/IID's medicaid-certified	81696
capacity is reduced.	81697

The person is not entitled to notice or a hearing under	81698
Chapter 119. of the Revised Code before the medicaid director of	81699
~~job and family services~~ terminates or amends the medicaid provider	81700
agreement.	81701

~~Sec. 5111.876.~~ Sec. 5124.62. Subject to section ~~5111.877~~5124.63	81702
of the Revised Code, the director of developmental disabilities	81703
may request that the medicaid director ~~of job and family services~~	81704
seek the approval of the United States secretary of health and	81705
human services to increase the number of slots available for home	81706
and community-based services by a number not exceeding the number	81707
of beds that were part of the licensed capacity of a residential	81708
facility that had its license revoked or surrendered under section	81709
5123.19 of the Revised Code if the residential facility was an	81710
~~intermediate care facility for the mentally retarded~~ICF/IID at	81711
the time of the license revocation or surrender. The revocation or	81712
surrender may have occurred before, or may occur on or after, June	81713
24, 2008. The request may include beds the director of	81714
developmental disabilities removed from such a residential	81715
facility's licensed capacity before transferring ownership or	81716
operation of the residential facility pursuant to a request for	81717
proposals.	81718

~~Sec. 5111.877.~~ Sec. 5124.63. The medicaid director ~~of job and~~	81719
~~family services~~ may seek approval from the United States secretary	81720
of health and human services for not more than a total of five	81721
hundred slots for home and community-based services for the	81722
purposes of sections ~~5111.874~~5124.60, ~~5111.875~~5124.61, and	81723
~~5111.876~~5124.62 of the Revised Code.	81724

~~Sec. 5111.878.~~ Sec. 5124.64. Not more than a total of five hundred	81725
beds may be converted from providing ~~ICF/MR~~ICF/IID services to	81726
providing home and community-based services under sections	81727
~~5111.874~~5124.60 and ~~5111.875~~5124.61 of the Revised Code.	81728

~~Sec. 5111.879.~~ Sec. 5124.65. No person or government entity may	81729
reconvert a bed to be used for ~~ICF/MR~~ICF/IID services if the bed	81730
was converted to use for home and community-based services under	81731
section ~~5111.874~~5124.60 or ~~5111.875~~5124.61 of the Revised Code.	81732
This prohibition applies regardless of either of the following:	81733

(A) The bed is part of the licensed capacity of a residential	81734
facility.	81735

(B) The bed has been sold, leased, or otherwise transferred	81736
to another person or government entity.	81737

Sec. 5124.99. Whoever violates section 5124.102 or division	81738
(E) of section 5124.08 of the Revised Code shall be fined not less	81739
than five hundred dollars nor more than one thousand dollars for	81740
the first offense and not less than one thousand dollars nor more	81741
than five thousand dollars for each subsequent offense.	81742

Fines paid under this section shall be deposited in the state	81743
treasury to the credit of the general revenue fund.	81744

Sec. 5126.01. As used in this chapter:

81745

(A) As used in this division, "adult" means an individual who	81746
is eighteen years of age or over and not enrolled in a program or	81747
service under Chapter 3323. of the Revised Code and an individual	81748
sixteen or seventeen years of age who is eligible for adult	81749
services under rules adopted by the director of developmental	81750
disabilities pursuant to Chapter 119. of the Revised Code.	81751

(1) "Adult services" means services provided to an adult	81752
outside the home, except when they are provided within the home	81753
according to an individual's assessed needs and identified in an	81754
individual service plan, that support learning and assistance in	81755
the area of self-care, sensory and motor development,	81756
socialization, daily living skills, communication, community	81757
living, social skills, or vocational skills.	81758

(2) "Adult services" includes all of the following:

81759

(a) Adult day habilitation services;

81760

(b) Adult day care;

81761

81762

(d) Sheltered employment;

81763

(e) Educational experiences and training obtained through	81764
entities and activities that are not expressly intended for	81765
individuals with mental retardation and developmental	81766
disabilities, including trade schools, vocational or technical	81767
schools, adult education, job exploration and sampling, unpaid	81768
work experience in the community, volunteer activities, and	81769
spectator sports;	81770

(f) Community employment services and supported employment	81771
services.	81772

(B)(1) "Adult day habilitation services" means adult services	81773
that do the following:	81774

(a) Provide access to and participation in typical activities	81775
and functions of community life that are desired and chosen by the	81776
general population, including such activities and functions as	81777
opportunities to experience and participate in community	81778
exploration, companionship with friends and peers, leisure	81779
activities, hobbies, maintaining family contacts, community	81780
events, and activities where individuals without disabilities are	81781
involved;	81782

(b) Provide supports or a combination of training and	81783
supports that afford an individual a wide variety of opportunities	81784
to facilitate and build relationships and social supports in the	81785
community.	81786

(2) "Adult day habilitation services" includes all of the	81787
following:	81788

(a) Personal care services needed to ensure an individual's	81789
ability to experience and participate in vocational services,	81790
educational services, community activities, and any other adult	81791
day habilitation services;	81792

(b) Skilled services provided while receiving adult day	81793
habilitation services, including such skilled services as behavior	81794
management intervention, occupational therapy, speech and language	81795
therapy, physical therapy, and nursing services;	81796

(c) Training and education in self-determination designed to	81797
help the individual do one or more of the following: develop	81798
self-advocacy skills, exercise the individual's civil rights,	81799
acquire skills that enable the individual to exercise control and	81800
responsibility over the services received, and acquire skills that	81801
enable the individual to become more independent, integrated, or	81802
productive in the community;	81803

(d) Recreational and leisure activities identified in the	81804
individual's service plan as therapeutic in nature or assistive in	81805
developing or maintaining social supports;	81806

(e) Counseling and assistance provided to obtain housing,	81807
including such counseling as identifying options for either rental	81808
or purchase, identifying financial resources, assessing needs for	81809
environmental modifications, locating housing, and planning for	81810
ongoing management and maintenance of the housing selected;	81811

(f) Transportation necessary to access adult day habilitation	81812
services;	81813

(g) Habilitation management, as described in section 5126.14	81814
of the Revised Code.	81815

(3) "Adult day habilitation services" does not include	81816
activities that are components of the provision of residential	81817
services, family support services, or supported living services.	81818

81819

(1) In the case of a member of a county board of	81820
developmental disabilities appointed by, or to be appointed by, a	81821
board of county commissioners, the board of county commissioners;	81822

(2) In the case of a member of a county board appointed by,	81823
or to be appointed by, a senior probate judge, the senior probate	81824
judge.	81825

(D) "Community employment," "competitive employment," and	81826
"integrated setting" have the same meanings as in section 5123.022	81827
of the Revised Code.	81828

(E) "Community employment services" or "supported employment	81829
services" means job training and other services related to	81830
employment outside a sheltered workshop. "Community employment	81831
services" or "supported employment services" include all of the	81832
following:	81833

(1) Job training resulting in the attainment of ~~competitive~~	81834
~~work~~community employment, supported work in a typical work	81835
environment, or self-employment;	81836

(2) Supervised work experience through an employer paid to	81837
provide the supervised work experience;	81838

(3) Ongoing ~~work in a competitive work environment at a wage~~	81839
~~commensurate with workers without disabilities~~community	81840
employment;	81841

(4) Ongoing supervision by an employer paid to provide the	81842
supervision.	81843

~~(E)~~(F) As used in this division, "substantial functional	81844
limitation," "developmental delay," and "established risk" have	81845
the meanings established pursuant to section 5123.011 of the	81846
Revised Code.	81847

"Developmental disability" means a severe, chronic disability	81848
that is characterized by all of the following:	81849

(1) It is attributable to a mental or physical impairment or	81850
a combination of mental and physical impairments, other than a	81851
mental or physical impairment solely caused by mental illness as	81852
defined in division (A) of section 5122.01 of the Revised Code;	81853

(2) It is manifested before age twenty-two;

81854

(3) It is likely to continue indefinitely;

81855

(4) It results in one of the following:

81856

(a) In the case of a person under age three, at least one	81857
developmental delay or an established risk;	81858

(b) In the case of a person at least age three but under age	81859
six, at least two developmental delays or an established risk;	81860

(c) In the case of a person age six or older, a substantial	81861
functional limitation in at least three of the following areas of	81862
major life activity, as appropriate for the person's age:	81863
self-care, receptive and expressive language, learning, mobility,	81864
self-direction, capacity for independent living, and, if the	81865
person is at least age sixteen, capacity for economic	81866
self-sufficiency.	81867

(5) It causes the person to need a combination and sequence	81868
of special, interdisciplinary, or other type of care, treatment,	81869
or provision of services for an extended period of time that is	81870
individually planned and coordinated for the person.	81871

~~(F)~~(G) "Early childhood services" means a planned program of	81872
habilitation designed to meet the needs of individuals with mental	81873
retardation or other developmental disabilities who have not	81874
attained compulsory school age.	81875

~~(G)~~(H)(1) "Environmental modifications" means the physical	81876
adaptations to an individual's home, specified in the individual's	81877
service plan, that are necessary to ensure the individual's	81878
health, safety, and welfare or that enable the individual to	81879
function with greater independence in the home, and without which	81880
the individual would require institutionalization.	81881

(2) "Environmental modifications" includes such adaptations	81882
as installation of ramps and grab-bars, widening of doorways,	81883
modification of bathroom facilities, and installation of	81884
specialized electric and plumbing systems necessary to accommodate	81885
the individual's medical equipment and supplies.	81886

(3) "Environmental modifications" does not include physical	81887
adaptations or improvements to the home that are of general	81888
utility or not of direct medical or remedial benefit to the	81889
individual, including such adaptations or improvements as	81890
carpeting, roof repair, and central air conditioning.	81891

~~(H)~~(I) "Family support services" means the services provided	81892
under a family support services program operated under section	81893
5126.11 of the Revised Code.	81894

~~(I)~~(J) "Habilitation" means the process by which the staff of	81895
the facility or agency assists an individual with mental	81896
retardation or other developmental disability in acquiring and	81897
maintaining those life skills that enable the individual to cope	81898
more effectively with the demands of the individual's own person	81899
and environment, and in raising the level of the individual's	81900
personal, physical, mental, social, and vocational efficiency.	81901
Habilitation includes, but is not limited to, programs of formal,	81902
structured education and training.	81903

~~(J)~~(K) "Home and community-based services" ~~means~~	81904
~~medicaid-funded home and community-based services specified in~~	81905
~~division (B)(1) of section 5111.87 of the Revised Code and~~	81906
~~provided under the medicaid waiver components the department of~~	81907
~~developmental disabilities administers pursuant to~~has the same	81908
meaning as in section ~~5111.871~~5123.01 of the Revised Code.	81909
~~However, home and community-based services provided under the~~	81910
~~medicaid waiver component known as the transitions developmental~~	81911
~~disabilities waiver are to be considered to be home and~~	81912
~~community-based services for the purposes of this chapter only to~~	81913
~~the extent, if any, provided by the contract required by section~~	81914
~~5111.871 of the Revised Code regarding the waiver.~~	81915

~~(K)~~(L) "ICF/IID" has the same meaning as in section 5124.01	81916
of the Revised Code.	81917

(M) "Immediate family" means parents, grandparents, brothers,	81918
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	81919
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	81920
daughters-in-law.	81921

~~(L) "Medicaid" has the same meaning as in section 5111.01 of~~	81922
~~the Revised Code.~~	81923

~~(M)~~(N) "Medicaid case management services" means case	81924
management services provided to an individual with mental	81925
retardation or other developmental disability that the state	81926
medicaid plan requires.	81927

~~(N)~~(O) "Mental retardation" means a mental impairment	81928
manifested during the developmental period characterized by	81929
significantly subaverage general intellectual functioning existing	81930
concurrently with deficiencies in the effectiveness or degree with	81931
which an individual meets the standards of personal independence	81932
and social responsibility expected of the individual's age and	81933
cultural group.	81934

~~(O)~~(P) "Residential services" means services to individuals	81935
with mental retardation or other developmental disabilities to	81936
provide housing, food, clothing, habilitation, staff support, and	81937
related support services necessary for the health, safety, and	81938
welfare of the individuals and the advancement of their quality of	81939
life. "Residential services" includes program management, as	81940
described in section 5126.14 of the Revised Code.	81941

~~(P)~~(Q) "Resources" means available capital and other assets,	81942
including moneys received from the federal, state, and local	81943
governments, private grants, and donations; appropriately	81944
qualified personnel; and appropriate capital facilities and	81945
equipment.	81946

~~(Q)~~(R) "Senior probate judge" means the current probate judge	81947
of a county who has served as probate judge of that county longer	81948
than any of the other current probate judges of that county. If a	81949
county has only one probate judge, "senior probate judge" means	81950
that probate judge.	81951

~~(R)~~(S) "Service and support administration" means the duties	81952
performed by a service and support administrator pursuant to	81953
section 5126.15 of the Revised Code.	81954

~~(S)~~(T)(1) "Specialized medical, adaptive, and assistive	81955
equipment, supplies, and supports" means equipment, supplies, and	81956
supports that enable an individual to increase the ability to	81957
perform activities of daily living or to perceive, control, or	81958
communicate within the environment.	81959

(2) "Specialized medical, adaptive, and assistive equipment,	81960
supplies, and supports" includes the following:	81961

(a) Eating utensils, adaptive feeding dishes, plate guards,	81962
mylatex straps, hand splints, reaches, feeder seats, adjustable	81963
pointer sticks, interpreter services, telecommunication devices	81964
for the deaf, computerized communications boards, other	81965
communication devices, support animals, veterinary care for	81966
support animals, adaptive beds, supine boards, prone boards,	81967
wedges, sand bags, sidelayers, bolsters, adaptive electrical	81968
switches, hand-held shower heads, air conditioners, humidifiers,	81969
emergency response systems, folding shopping carts, vehicle lifts,	81970
vehicle hand controls, other adaptations of vehicles for	81971
accessibility, and repair of the equipment received.	81972

(b) Nondisposable items not covered by medicaid that are	81973
intended to assist an individual in activities of daily living or	81974
instrumental activities of daily living.	81975

~~(T)~~(U) "Supportive home services" means a range of services	81976
to families of individuals with mental retardation or other	81977
developmental disabilities to develop and maintain increased	81978
acceptance and understanding of such persons, increased ability of	81979
family members to teach the person, better coordination between	81980
school and home, skills in performing specific therapeutic and	81981
management techniques, and ability to cope with specific	81982
situations.	81983

~~(U)~~(V)(1) "Supported living" means services provided for as	81984
long as twenty-four hours a day to an individual with mental	81985
retardation or other developmental disability through any public	81986
or private resources, including moneys from the individual, that	81987
enhance the individual's reputation in community life and advance	81988
the individual's quality of life by doing the following:	81989

(a) Providing the support necessary to enable an individual	81990
to live in a residence of the individual's choice, with any number	81991
of individuals who are not disabled, or with not more than three	81992
individuals with mental retardation and developmental disabilities	81993
unless the individuals are related by blood or marriage;	81994

(b) Encouraging the individual's participation in the	81995
community;	81996

81997

(d) Assisting the individual in acquiring, retaining, and	81998
improving the skills and competence necessary to live successfully	81999
in the individual's residence.	82000

(2) "Supported living" includes the provision of all of the	82001
following:	82002

(a) Housing, food, clothing, habilitation, staff support,	82003
professional services, and any related support services necessary	82004
to ensure the health, safety, and welfare of the individual	82005
receiving the services;	82006

(b) A combination of lifelong or extended-duration	82007
supervision, training, and other services essential to daily	82008
living, including assessment and evaluation and assistance with	82009
the cost of training materials, transportation, fees, and	82010
supplies;	82011

82012

(d) Household maintenance that does not include modifications	82013
to the physical structure of the residence;	82014

(e) Respite care services;

82015

(f) Program management, as described in section 5126.14 of	82016
the Revised Code.	82017

Sec. 5126.05. (A) Subject to the rules established by the	82018
director of developmental disabilities pursuant to Chapter 119. of	82019
the Revised Code for programs and services offered pursuant to	82020
this chapter, and subject to the rules established by the state	82021
board of education pursuant to Chapter 119. of the Revised Code	82022
for programs and services offered pursuant to Chapter 3323. of the	82023
Revised Code, the county board of developmental disabilities	82024
shall:	82025

(1) Administer and operate facilities, programs, and services	82026
as provided by this chapter and Chapter 3323. of the Revised Code	82027
and establish policies for their administration and operation;	82028

(2) Coordinate, monitor, and evaluate existing services and	82029
facilities available to individuals with mental retardation and	82030
developmental disabilities;	82031

(3) Provide early childhood services, supportive home	82032
services, and adult services, according to the plan and priorities	82033
developed under section 5126.04 of the Revised Code;	82034

(4) Provide or contract for special education services	82035
pursuant to Chapters 3317. and 3323. of the Revised Code and	82036
ensure that related services, as defined in section 3323.01 of the	82037
Revised Code, are available according to the plan and priorities	82038
developed under section 5126.04 of the Revised Code;	82039

(5) Adopt a budget, authorize expenditures for the purposes	82040
specified in this chapter and do so in accordance with section	82041
319.16 of the Revised Code, approve attendance of board members	82042
and employees at professional meetings and approve expenditures	82043
for attendance, and exercise such powers and duties as are	82044
prescribed by the director;	82045

(6) Submit annual reports of its work and expenditures,	82046
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	82047
the director, the superintendent of public instruction, and the	82048
board of county commissioners at the close of the fiscal year and	82049
at such other times as may reasonably be requested;	82050

(7) Authorize all positions of employment, establish	82051
compensation, including but not limited to salary schedules and	82052
fringe benefits for all board employees, approve contracts of	82053
employment for management employees that are for a term of more	82054
than one year, employ legal counsel under section 309.10 of the	82055
Revised Code, and contract for employee benefits;	82056

(8) Provide service and support administration in accordance	82057
with section 5126.15 of the Revised Code;	82058

(9) Certify respite care homes pursuant to rules adopted	82059
under section 5123.171 of the Revised Code by the director of	82060
developmental disabilities;	82061

(10) Implement an employment first policy that clearly	82062
identifies community employment as the desired outcome for every	82063
individual of working age who receives services from the board;	82064

(11) Set benchmarks for improving community employment	82065
outcomes;	82066

(12) Establish a list of services, from least to most	82067
integrated, that improve community employment outcomes.	82068

(B) To the extent that rules adopted under this section apply	82069
to the identification and placement of children with disabilities	82070
under Chapter 3323. of the Revised Code, they shall be consistent	82071
with the standards and procedures established under sections	82072
3323.03 to 3323.05 of the Revised Code.	82073

(C) Any county board may enter into contracts with other such	82074
boards and with public or private, nonprofit, or profit-making	82075
agencies or organizations of the same or another county, to	82076
provide the facilities, programs, and services authorized or	82077
required, upon such terms as may be agreeable, and in accordance	82078
with this chapter and Chapter 3323. of the Revised Code and rules	82079
adopted thereunder and in accordance with sections 307.86 and	82080
5126.071 of the Revised Code.	82081

(D) A county board may combine transportation for children	82082
and adults enrolled in programs and services offered under Chapter	82083
5126. of the Revised Code with transportation for children	82084
enrolled in classes funded under ~~section~~sections 3317.0213 and	82085
3317.20 ~~or units approved under section 3317.05~~ of the Revised	82086
Code.	82087

(E) A county board may purchase all necessary insurance	82088
policies, may purchase equipment and supplies through the	82089
department of administrative services or from other sources, and	82090
may enter into agreements with public agencies or nonprofit	82091
organizations for cooperative purchasing arrangements.	82092

(F) A county board may receive by gift, grant, devise, or	82093
bequest any moneys, lands, or property for the benefit of the	82094
purposes for which the board is established and hold, apply, and	82095
dispose of the moneys, lands, and property according to the terms	82096
of the gift, grant, devise, or bequest. All money received by	82097
gift, grant, bequest, or disposition of lands or property received	82098
by gift, grant, devise, or bequest shall be deposited in the	82099
county treasury to the credit of such board and shall be available	82100
for use by the board for purposes determined or stated by the	82101
donor or grantor, but may not be used for personal expenses of the	82102
board members. Any interest or earnings accruing from such gift,	82103
grant, devise, or bequest shall be treated in the same manner and	82104
subject to the same provisions as such gift, grant, devise, or	82105
bequest.	82106

(G) The board of county commissioners shall levy taxes and	82107
make appropriations sufficient to enable the county board of	82108
developmental disabilities to perform its functions and duties,	82109
and may utilize any available local, state, and federal funds for	82110
such purpose.	82111

Sec. 5126.051. (A) To the extent that resources are	82112
available, a county board of developmental disabilities shall	82113
provide for or arrange residential services and supported living	82114
for individuals with mental retardation and developmental	82115
disabilities.	82116

A county board may acquire, convey, lease, or sell property	82117
for residential services and supported living and enter into loan	82118
agreements, including mortgages, for the acquisition of such	82119
property. A county board is not required to comply with provisions	82120
of Chapter 307. of the Revised Code providing for competitive	82121
bidding or sheriff sales in the acquisition, lease, conveyance, or	82122
sale of property under this division, but the acquisition, lease,	82123
conveyance, or sale must be at fair market value determined by	82124
appraisal of one or more disinterested persons appointed by the	82125
board.	82126

Any action taken by a county board under this division that	82127
will incur debt on the part of the county shall be taken in	82128
accordance with Chapter 133. of the Revised Code. A county board	82129
shall not incur any debt on the part of the county without the	82130
prior approval of the board of county commissioners.	82131

(B)(1) To the extent that resources are available, in	82132
~~addition to sheltered employment and work activities provided as~~a	82133
county board shall provide or arrange for the provision of adult	82134
services pursuant to division (A)(3) of section 5126.05 of the	82135
Revised Code, ~~a county board of developmental disabilities may~~	82136
~~provide or arrange for~~including job training, vocational	82137
evaluation, and community employment services to ~~mentally retarded~~	82138
~~and developmentally disabled~~ individuals who are age eighteen and	82139
older and not enrolled in a program or service under Chapter 3323.	82140
of the Revised Code or age sixteen or seventeen and eligible for	82141
adult services under rules adopted by the director of	82142
developmental disabilities under Chapter 119. of the Revised Code.	82143
These services shall be provided in accordance with the	82144
individual's individual service or habilitation plan and shall	82145
include support services specified in the plan.	82146

(2) A county board may, in cooperation with the ~~Ohio~~	82147
~~rehabilitation services commission~~opportunities for Ohioans with	82148
disabilities agency, seek federal funds for job training and	82149
community employment services.	82150

(3) A county board may contract with any agency, board, or	82151
other entity that is accredited by the commission on accreditation	82152
of rehabilitation facilities to provide services. A county board	82153
that is accredited by the commission on accreditation of	82154
rehabilitation facilities may provide services for which it is	82155
certified by the commission.	82156

(C) To the extent that resources are available, a county	82157
board may provide services to an individual with mental	82158
retardation or other developmental disability in addition to those	82159
provided pursuant to this section, section 5126.05 of the Revised	82160
Code, or any other section of this chapter. The services shall be	82161
provided in accordance with the individual's habilitation or	82162
service plan and may be provided in collaboration with other	82163
entities of state or local government.	82164

Sec. 5126.054. (A) Each county board of developmental	82165
disabilities shall, by resolution, develop a three-calendar year	82166
plan that includes the following three components:	82167

(1) An assessment component that includes all of the	82168
following:	82169

(a) The number of individuals with mental retardation or	82170
other developmental disability residing in the county who need the	82171
level of care provided by an ~~intermediate care facility for the~~	82172
~~mentally retarded~~ICF/IID, may seek home and community-based	82173
services, and are given priority on a waiting list established for	82174
the services pursuant to section 5126.042 of the Revised Code; the	82175
service needs of those individuals; and the projected annualized	82176
cost for services;	82177

(b) The source of funds available to the county board to pay	82178
the nonfederal share of medicaid expenditures that the county	82179
board is required by sections 5126.059 and 5126.0510 of the	82180
Revised Code to pay;	82181

(c) Any other applicable information or conditions that the	82182
department of developmental disabilities requires as a condition	82183
of approving the component under section 5123.046 of the Revised	82184
Code.	82185

(2) A preliminary implementation component that specifies the	82186
number of individuals to be provided, during the first year that	82187
the plan is in effect, home and community-based services pursuant	82188
to the waiting list priority given to them under section 5126.042	82189
of the Revised Code and the types of home and community-based	82190
services the individuals are to receive;	82191

(3) A component that provides for the implementation of	82192
medicaid case management services and home and community-based	82193
services for individuals who begin to receive the services on or	82194
after the date the plan is approved under section 5123.046 of the	82195
Revised Code. A county board shall include all of the following in	82196
the component:	82197

(a) If the department of developmental disabilities or	82198
department of ~~job and family services~~medicaid requires, an	82199
agreement to pay the nonfederal share of medicaid expenditures	82200
that the county board is required by sections 5126.059 and	82201
5126.0510 of the Revised Code to pay;	82202

(b) How the services are to be phased in over the period the	82203
plan covers, including how the county board will serve individuals	82204
who have priority on a waiting list established under section	82205
5126.042 of the Revised Code;	82206

(c) Any agreement or commitment regarding the county board's	82207
funding of home and community-based services that the county board	82208
has with the department at the time the county board develops the	82209
component;	82210

(d) Assurances adequate to the department that the county	82211
board will comply with all of the following requirements:	82212

(i) To provide the types of home and community-based services	82213
specified in the preliminary implementation component required by	82214
division (A)(2) of this section to at least the number of	82215
individuals specified in that component;	82216

(ii) To use any additional funds the county board receives	82217
for the services to improve the county board's resource	82218
capabilities for supporting such services available in the county	82219
at the time the component is developed and to expand the services	82220
to accommodate the unmet need for those services in the county;	82221

(iii) To employ or contract with a business manager or enter	82222
into an agreement with another county board of developmental	82223
disabilities that employs or contracts with a business manager to	82224
have the business manager serve both county boards. No	82225
superintendent of a county board may serve as the county board's	82226
business manager.	82227

(iv) To employ or contract with a medicaid services manager	82228
or enter into an agreement with another county board of	82229
developmental disabilities that employs or contracts with a	82230
medicaid services manager to have the medicaid services manager	82231
serve both county boards. No superintendent of a county board may	82232
serve as the county board's medicaid services manager.	82233

(e) Programmatic and financial accountability measures and	82234
projected outcomes expected from the implementation of the plan;	82235

(f) Any other applicable information or conditions that the	82236
department requires as a condition of approving the component	82237
under section 5123.046 of the Revised Code.	82238

(B) A county board whose plan developed under division (A) of	82239
this section is approved by the department under section 5123.046	82240
of the Revised Code shall update and renew the plan in accordance	82241
with a schedule the department shall develop.	82242

Sec. 5126.055. (A) Except as provided in section 5126.056 of	82243
the Revised Code, a county board of developmental disabilities has	82244
medicaid local administrative authority to, and shall, do all of	82245
the following for an individual with mental retardation or other	82246
developmental disability who resides in the county that the county	82247
board serves and seeks or receives home and community-based	82248
services:	82249

(1) Perform assessments and evaluations of the individual. As	82250
part of the assessment and evaluation process, the county board	82251
shall do all of the following:	82252

(a) Make a recommendation to the department of developmental	82253
disabilities on whether the department should approve or deny the	82254
individual's application for the services, including on the basis	82255
of whether the individual needs the level of care an ~~intermediate~~	82256
~~care facility for the mentally retarded~~ICF/IID provides;	82257

(b) If the individual's application is denied because of the	82258
county board's recommendation and the individual ~~requests a~~	82259
~~hearing under~~appeals pursuant to section ~~5101.35~~5160.31 of the	82260
Revised Code, present, with the department of developmental	82261
disabilities or department of ~~job and family services~~medicaid,	82262
whichever denies the application, the reasons for the	82263
recommendation and denial at the hearing;	82264

(c) If the individual's application is approved, recommend to	82265
the departments of developmental disabilities and ~~job and family~~	82266
~~services~~medicaid the services that should be included in the	82267
individual's individualized service plan and, if either department	82268
approves, reduces, denies, or terminates a service included in the	82269
individual's individualized service plan under section ~~5111.871~~	82270
5166.20 of the Revised Code because of the county board's	82271
recommendation, present, with the department that made the	82272
approval, reduction, denial, or termination, the reasons for the	82273
recommendation and approval, reduction, denial, or termination at	82274
a hearing held pursuant to an appeal made under section ~~5101.35~~	82275
5160.31 of the Revised Code.	82276

(2) Perform any duties assigned to the county board in rules	82277
adopted under section 5126.046 of the Revised Code regarding the	82278
individual's right to choose a qualified and willing provider of	82279
the services and, at a hearing held pursuant to an appeal made	82280
under section ~~5101.35~~5160.31 of the Revised Code, present	82281
evidence of the process for appropriate assistance in choosing	82282
providers;	82283

(3) If the county board is certified under section 5123.161	82284
of the Revised Code to provide the services and agrees to provide	82285
the services to the individual and the individual chooses the	82286
county board to provide the services, furnish, in accordance with	82287
the county board's medicaid provider agreement and for the	82288
authorized reimbursement rate, the services the individual	82289
requires;	82290

(4) Monitor the services provided to the individual and	82291
ensure the individual's health, safety, and welfare. The	82292
monitoring shall include quality assurance activities. If the	82293
county board provides the services, the department of	82294
developmental disabilities shall also monitor the services.	82295

(5) Develop, with the individual and the provider of the	82296
individual's services, an effective individualized service plan	82297
that includes coordination of services, recommend that the	82298
departments of developmental disabilities and ~~job and family~~	82299
~~services~~medicaid approve the plan, and implement the plan unless	82300
either department disapproves it. The individualized service plan	82301
shall include a summary page, agreed to by the county board,	82302
provider, and individual receiving services, that clearly outlines	82303
the amount, duration, and scope of services to be provided under	82304
the plan.	82305

(6) Have an investigative agent conduct investigations under	82306
section 5126.313 of the Revised Code that concern the individual;	82307

(7) Have a service and support administrator perform the	82308
duties under division (B)(9) of section 5126.15 of the Revised	82309
Code that concern the individual.	82310

(B) A county board shall perform its medicaid local	82311
administrative authority under this section in accordance with all	82312
of the following:	82313

(1) The county board's plan that the department of	82314
developmental disabilities approves under section 5123.046 of the	82315
Revised Code;	82316

(2) All applicable federal and state laws;

82317

(3) All applicable policies of the departments of	82318
developmental disabilities and ~~job and family services~~medicaid	82319
and the United States department of health and human services;	82320

(4) The department of ~~job and family services'~~medicaid's	82321
supervision under its authority ~~under section 5111.01 of the~~	82322
~~Revised Code to act~~ as the single state medicaid agency;	82323

(5) The department of developmental disabilities' oversight.

82324

(C) The departments of developmental disabilities and ~~job and~~	82325
~~family services~~medicaid shall communicate with and provide	82326
training to county boards regarding medicaid local administrative	82327
authority granted by this section. The communication and training	82328
shall include issues regarding audit protocols and other standards	82329
established by the United States department of health and human	82330
services that the departments determine appropriate for	82331
communication and training. County boards shall participate in the	82332
training. The departments shall assess the county board's	82333
compliance against uniform standards that the departments shall	82334
establish.	82335

(D) A county board may not delegate its medicaid local	82336
administrative authority granted under this section but may	82337
contract with a person or government entity, including a council	82338
of governments, for assistance with its medicaid local	82339
administrative authority. A county board that enters into such a	82340
contract shall notify the director of developmental disabilities.	82341
The notice shall include the tasks and responsibilities that the	82342
contract gives to the person or government entity. The person or	82343
government entity shall comply in full with all requirements to	82344
which the county board is subject regarding the person or	82345
government entity's tasks and responsibilities under the contract.	82346
The county board remains ultimately responsible for the tasks and	82347
responsibilities.	82348

(E) A county board that has medicaid local administrative	82349
authority under this section shall, through the departments of	82350
developmental disabilities and ~~job and family services~~medicaid,	82351
reply to, and cooperate in arranging compliance with, a program or	82352
fiscal audit or program violation exception that a state or	82353
federal audit or review discovers. The department of ~~job and~~	82354
~~family services~~medicaid shall timely notify the department of	82355
developmental disabilities and the county board of any adverse	82356
findings. After receiving the notice, the county board, in	82357
conjunction with the department of developmental disabilities,	82358
shall cooperate fully with the department of ~~job and family~~	82359
~~services~~medicaid and timely prepare and send to the department a	82360
written plan of correction or response to the adverse findings.	82361
The county board is liable for any adverse findings that result	82362
from an action it takes or fails to take in its implementation of	82363
medicaid local administrative authority.	82364

(F) If the department of developmental disabilities or	82365
department of ~~job and family services~~medicaid determines that a	82366
county board's implementation of its medicaid local administrative	82367
authority under this section is deficient, the department that	82368
makes the determination shall require that county board do the	82369
following:	82370

(1) If the deficiency affects the health, safety, or welfare	82371
of an individual with mental retardation or other developmental	82372
disability, correct the deficiency within twenty-four hours;	82373

(2) If the deficiency does not affect the health, safety, or	82374
welfare of an individual with mental retardation or other	82375
developmental disability, receive technical assistance from the	82376
department or submit a plan of correction to the department that	82377
is acceptable to the department within sixty days and correct the	82378
deficiency within the time required by the plan of correction.	82379

Sec. 5126.131. (A)(1) Each regional council established	82380
under section 5126.13 of the Revised Code shall file with the	82381
department of developmental disabilities an annual cost report	82382
detailing the regional council's income and expenditures.	82383

(2) Each county board of developmental disabilities shall	82384
file with the department an annual cost report detailing the	82385
board's income and expenditures.	82386

(B)(1)(a) Unless the department establishes a later date for	82387
all regional council cost reports, each council shall file its	82388
cost report not later than the last day of April. At the written	82389
request of a regional council, the department may grant a	82390
fourteen-day extension for filing the cost report.	82391

(b) Unless the department establishes a later date for all	82392
county board cost reports, each board shall file its cost report	82393
not later than the last day of May. At the written request of a	82394
board, the department may grant a fourteen-day extension for	82395
filing the board's cost report.	82396

(2) The cost report shall contain information on the previous	82397
calendar year's income and expenditures. Once filed by a regional	82398
council or board, no changes may be made to the cost report,	82399
including the submission of additional documentation, except as	82400
otherwise provided in this section.	82401

(C) Each cost report filed under this section by a regional	82402
council or board shall be audited by the department or an entity	82403
designated by the department. The department or designated entity	82404
shall notify the regional council or board of the date on which	82405
the audit is to begin. The department may permit a regional	82406
council or board to submit changes to the cost report before the	82407
audit begins.	82408

If the department or designated entity determines that a	82409
filed cost report is not auditable, it shall provide written	82410
notification to the regional council or board of the cost report's	82411
deficiencies and may request additional documentation. If the	82412
department or designated entity requests additional documentation,	82413
the regional council or board shall be given sixty days after the	82414
request is made to provide the additional documentation. After	82415
sixty days, the department or designated entity shall determine	82416
whether the cost report is auditable with any additional	82417
documentation provided and shall notify the regional council or	82418
board of its determination. The determination of the department or	82419
designated entity is final.	82420

(D) The department or designated entity shall certify its	82421
audit as complete and file a copy of the certified audit in the	82422
office of the clerk of the governing body, executive officer of	82423
the governing body, and chief fiscal officer of the audited	82424
regional council or board. Changes may not be made to a cost	82425
report once the department or designated entity files the	82426
certified audit. The cost report is not a public record under	82427
section 149.43 of the Revised Code until copies of the cost report	82428
are filed pursuant to this section.	82429

(E) The department may withhold any funds that it distributes	82430
to a regional council or board as subsidy payments if either of	82431
the following is the case:	82432

(1) The cost report is not timely filed by the regional	82433
council or board with the department in accordance with division	82434
(B) of this section.	82435

(2) The cost report is determined not auditable under	82436
division (C) of this section after the department or designated	82437
entity gives the regional council or board sixty days to provide	82438
additional documentation.	82439

(F) Cost reports shall be retained by regional councils and	82440
boards for seven years. The department shall provide annual	82441
training to regional council and board employees regarding cost	82442
reports required by this section.	82443

(G) The department, in accordance with Chapter 119. of the	82444
Revised Code, may adopt any rules necessary to implement this	82445
section.	82446

Sec. 5126.24. (A) As used in this section:

82447

(1) "License" means an educator license issued by the state	82448
board of education under section 3319.22 of the Revised Code or a	82449
certificate issued by the department of developmental	82450
disabilities.	82451

(2) "Teacher" means a person employed by a county board of	82452
developmental disabilities in a position that requires a license.	82453

(3) "Nonteaching employee" means a person employed by a	82454
county board of developmental disabilities in a position that does	82455
not require a license.	82456

(4) "Years of service" includes all service described in	82457
division (A) of section ~~3317.13~~3317.14 of the Revised Code.	82458

(B) Subject to rules established by the director of	82459
developmental disabilities pursuant to Chapter 119. of the Revised	82460
Code, each county board of developmental disabilities shall	82461
annually adopt separate salary schedules for teachers and	82462
nonteaching employees.	82463

(C) The teachers' salary schedule shall provide for	82464
increments based on training and years of service. The board may	82465
establish its own service requirements ~~provided no teacher~~	82466
~~receives less than the salary the teacher would be paid under~~	82467
~~section 3317.13 of the Revised Code if the teacher were employed~~	82468
~~by a school district board of education and~~ provided full credit	82469
for a minimum of five years of actual teaching and military	82470
experience as defined in division (A) of such section is given to	82471
each teacher.	82472

Each teacher who has completed training that would qualify	82473
the teacher for a higher salary bracket pursuant to this section	82474
shall file by the fifteenth day of September with the fiscal	82475
officer of the board, satisfactory evidence of the completion of	82476
such additional training. The fiscal officer shall then	82477
immediately place the teacher, pursuant to this section, in the	82478
proper salary bracket in accordance with training and years of	82479
service. ~~No teacher shall be paid less than the salary to which~~	82480
~~the teacher would be entitled under section 3317.13 of the Revised~~	82481
~~Code if the teacher were employed by a school district board of~~	82482
~~education.~~	82483

The superintendent of each county board, on or before the	82484
fifteenth day of October of each year, shall certify to the state	82485
board of education the name of each teacher employed, on an annual	82486
salary, in each special education program operated pursuant to	82487
section 3323.09 of the Revised Code during the first full school	82488
week of October. The superintendent further shall certify, for	82489
each teacher, the number of years of training completed at a	82490
recognized college, the degrees earned from a college recognized	82491
by the state board, the type of license held, the number of months	82492
employed by the board, the annual salary, and other information	82493
that the state board may request.	82494

(D) The nonteaching employees' salary schedule established by	82495
the board shall be based on training, experience, and	82496
qualifications with initial salaries no less than salaries in	82497
effect on July 1, 1985. Each board shall prepare and may amend	82498
from time to time, specifications descriptive of duties,	82499
responsibilities, requirements, and desirable qualifications of	82500
the classifications of employees required to perform the duties	82501
specified in the salary schedule. All nonteaching employees shall	82502
be notified of the position classification to which they are	82503
assigned and the salary for the classification. The compensation	82504
of all nonteaching employees working for a particular board shall	82505
be uniform for like positions except as compensation would be	82506
affected by salary increments based upon length of service.	82507

On the fifteenth day of October of each year the nonteaching	82508
employees' salary schedule and list of job classifications and	82509
salaries in effect on that date shall be filed by each board with	82510
the superintendent of public instruction. If such salary schedule	82511
and classification plan is not filed, the superintendent of public	82512
instruction shall order the board to file such schedule and list	82513
forthwith. If this condition is not corrected within ten days	82514
after receipt of the order from the superintendent, no money shall	82515
be distributed to the board under Chapter 3317. of the Revised	82516
Code until the superintendent has satisfactory evidence of the	82517
board's full compliance with such order.	82518

Sec. 5139.03. The department of youth services shall control	82519
and manage all state institutions or facilities established or	82520
created for the training or rehabilitation of delinquent children	82521
committed to the department, except where the control and	82522
management of an institution or facility is vested by law in	82523
another agency. The department shall employ, in addition to other	82524
personnel authorized under Chapter 5139. of the Revised Code,	82525
sufficient personnel to maintain food service and buildings and	82526
grounds operations.	82527

The department of youth services shall, insofar as	82528
practicable, purchase foods and other commodities incident to food	82529
service operations from the department of ~~mental health~~mental	82530
health and addiction services. The department of youth services	82531
may enter into agreements with the department of ~~mental health~~	82532
mental health and addiction services providing for assistance and	82533
consultation in the construction of, or major modifications to,	82534
capital facilities of the department of youth services.	82535

The directors of ~~mental health~~mental health and addiction	82536
services and of youth services shall enter into written agreements	82537
to implement this section. Such directors may, from time to time,	82538
amend any agreements entered into under this section for the	82539
purposes of making more efficient use of personnel, taking	82540
advantage of economies in quantity purchasing, or for any other	82541
purpose which is mutually advantageous to both the department of	82542
youth services and the department of ~~mental health~~mental health	82543
and addiction services.	82544

The department of youth services may transfer any of its	82545
excess or surplus supplies to a community corrections facility.	82546
These supplies shall remain the property of the department for a	82547
period of five years from the date of the transfer. After the	82548
five-year period, the supplies shall become the property of the	82549
facility.	82550

Sec. 5139.04. The department of youth services shall do all	82551
of the following:	82552

(A) Support service districts through a central	82553
administrative office that shall have as its administrative head a	82554
deputy director who shall be appointed by the director of the	82555
department. When a vacancy occurs in the office of that deputy	82556
director, an assistant deputy director shall act as that deputy	82557
director until the vacancy is filled. The position of deputy	82558
director and assistant deputy director described in this division	82559
shall be in the unclassified civil service of the state.	82560

(B) Receive custody of all children committed to it under	82561
Chapter 2152. of the Revised Code, cause a study to be made of	82562
those children, and issue any orders, as it considers best suited	82563
to the needs of any of those children and the interest of the	82564
public, for the treatment of each of those children;	82565

(C) Obtain personnel necessary for the performance of its	82566
duties;	82567

(D) Adopt rules that regulate its organization and operation,	82568
that implement sections 5139.34 and 5139.41 to 5139.43 of the	82569
Revised Code, and that pertain to the administration of other	82570
sections of this chapter;	82571

(E) Submit reports of its operations to the governor and the	82572
general assembly by the thirty-first day of January of each	82573
odd-numbered year;	82574

(F) Conduct a program of research in diagnosis, training, and	82575
treatment of delinquent children to evaluate the effectiveness of	82576
the department's services and to develop more adequate methods;	82577

(G) Develop a standard form for the disposition investigation	82578
report that a juvenile court is required pursuant to section	82579
2152.18 of the Revised Code to complete and provide to the	82580
department when the court commits a child to the legal custody of	82581
the department;	82582

(H) Allow the state public defender the access authorized	82583
under division (I) of section 120.06 of the Revised Code in order	82584
to fulfill the department's constitutional obligation to provide	82585
juveniles who have been committed to the department's care access	82586
to the courts.	82587

(I) Do all other acts necessary or desirable to carry out	82588
this chapter.	82589

Sec. 5139.08. The department of youth services may enter	82590
into an agreement with the director of rehabilitation and	82591
correction pursuant to which the department of youth services, in	82592
accordance with division (C)(2) of section 5139.06 and section	82593
5120.162 of the Revised Code, may transfer to a correctional	82594
medical center established by the department of rehabilitation and	82595
correction, children who are within its custody for diagnosis or	82596
treatment of an illness, physical condition, or other medical	82597
problem. The department of youth services may enter into any other	82598
agreements with the director of job and family services, the	82599
director of ~~mental health~~mental health and addiction services,	82600
the director of developmental disabilities, the director of	82601
rehabilitation and correction, with the courts having probation	82602
officers or other public officials, and with private agencies or	82603
institutions for separate care or special treatment of children	82604
subject to the control of the department of youth services. The	82605
department of youth services may, upon the request of a juvenile	82606
court not having a regular probation officer, provide probation	82607
services for such court.	82608

Upon request by the department of youth services, any public	82609
agency or group care facility established or administered by the	82610
state for the care and treatment of children and youth shall,	82611
consistent with its functions, accept and care for any child whose	82612
custody is vested in the department in the same manner as it would	82613
be required to do if custody had been vested by a court in such	82614
agency or group care facility. If the department has reasonable	82615
grounds to believe that any child or youth whose custody is vested	82616
in it is mentally ill or mentally retarded, the department may	82617
file an affidavit under section 5122.11 or 5123.76 of the Revised	82618
Code. The department's affidavit for admission of a child or youth	82619
to such institution shall be filed with the probate court of the	82620
county from which the child was committed to the department. Such	82621
court may request the probate court of the county in which the	82622
child is held to conduct the hearing on the application, in which	82623
case the court making such request shall bear the expenses of the	82624
proceeding. If the department files such an affidavit, the child	82625
or youth may be kept in such institution until a final decision on	82626
the affidavit is made by the appropriate court.	82627

Sec. 5139.34. (A) Funds may be appropriated to the	82628
department of youth services for the purpose of granting state	82629
subsidies to counties. A county or the juvenile court that serves	82630
a county shall use state subsidies granted to the county pursuant	82631
to this section only in accordance with divisions (B)(2)(a) and	82632
(3)(a) of section 5139.43 of the Revised Code and the rules	82633
pertaining to the state subsidy funds that the department adopts	82634
pursuant to division (D) of section 5139.04 of the Revised Code.	82635
The department shall not grant financial assistance pursuant to	82636
this section for the provision of care and services for children	82637
in a placement facility unless the facility has been certified,	82638
licensed, or approved by a state or national agency with	82639
certification, licensure, or approval authority, including, but	82640
not limited to, the department of job and family services,	82641
department of education, department of ~~mental health~~mental health	82642
and addiction services, department of developmental disabilities,	82643
or American correctional association. For the purposes of this	82644
section, placement facilities do not include a state institution	82645
or a county or district children's home.	82646

The department also shall not grant financial assistance	82647
pursuant to this section for the provision of care and services	82648
for children, including, but not limited to, care and services in	82649
a detention facility, in another facility, or in out-of-home	82650
placement, unless the minimum standards applicable to the care and	82651
services that the department prescribes in rules adopted pursuant	82652
to division (D) of section 5139.04 of the Revised Code have been	82653
satisfied.	82654

(B) The department of youth services shall apply the	82655
following formula to determine the amount of the annual grant that	82656
each county is to receive pursuant to division (A) of this	82657
section, subject to the appropriation for this purpose to the	82658
department made by the general assembly:	82659

(1) Each county shall receive a basic annual grant of fifty	82660
thousand dollars.	82661

(2) The sum of the basic annual grants provided under	82662
division (B)(1) of this section shall be subtracted from the total	82663
amount of funds appropriated to the department of youth services	82664
for the purpose of making grants pursuant to division (A) of this	82665
section to determine the remaining portion of the funds	82666
appropriated. The remaining portion of the funds appropriated	82667
shall be distributed on a per capita basis to each county that has	82668
a population of more than twenty-five thousand for that portion of	82669
the population of the county that exceeds twenty-five thousand.	82670

(C)(1) Prior to a county's receipt of an annual grant	82671
pursuant to this section, the juvenile court that serves the	82672
county shall prepare, submit, and file in accordance with division	82673
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	82674
agreement and application for funding that is for the combined	82675
purposes of, and that satisfies the requirements of, this section	82676
and section 5139.43 of the Revised Code. In addition to the	82677
subject matters described in division (B)(3)(a) of section 5139.43	82678
of the Revised Code or in the rules that the department adopts to	82679
implement that division, the annual grant agreement and	82680
application for funding shall address fiscal accountability and	82681
performance matters pertaining to the programs, care, and services	82682
that are specified in the agreement and application and for which	82683
state subsidy funds granted pursuant to this section will be used.	82684

(2) The county treasurer of each county that receives an	82685
annual grant pursuant to this section shall deposit the state	82686
subsidy funds so received into the county's felony delinquent care	82687
and custody fund created pursuant to division (B)(1) of section	82688
5139.43 of the Revised Code. Subject to exceptions prescribed in	82689
section 5139.43 of the Revised Code that may apply to the	82690
disbursement, the department shall disburse the state subsidy	82691
funds to which a county is entitled in a lump sum payment that	82692
shall be made in July of each calendar year.	82693

(3) Upon an order of the juvenile court that serves a county	82694
and subject to appropriation by the board of county commissioners	82695
of that county, a county treasurer shall disburse from the	82696
county's felony delinquent care and custody fund the state subsidy	82697
funds granted to the county pursuant to this section for use only	82698
in accordance with this section, the applicable provisions of	82699
section 5139.43 of the Revised Code, and the county's approved	82700
annual grant agreement and application for funding.	82701

(4) The moneys in a county's felony delinquent care and	82702
custody fund that represent state subsidy funds granted pursuant	82703
to this section are subject to appropriation by the board of	82704
county commissioners of the county; shall be disbursed by the	82705
county treasurer as required by division (C)(3) of this section;	82706
shall be used in the manners referred to in division (C)(3) of	82707
this section; shall not revert to the county general fund at the	82708
end of any fiscal year; shall carry over in the felony delinquent	82709
care and custody fund from the end of any fiscal year to the next	82710
fiscal year; shall be in addition to, and shall not be used to	82711
reduce, any usual annual increase in county funding that the	82712
juvenile court is eligible to receive or the current level of	82713
county funding of the juvenile court and of any programs, care, or	82714
services for alleged or adjudicated delinquent children, unruly	82715
children, or juvenile traffic offenders or for children who are at	82716
risk of becoming delinquent children, unruly children, or juvenile	82717
traffic offenders; and shall not be used to pay for the care and	82718
custody of felony ~~deliquents~~delinquents who are in the care and	82719
custody of an institution pursuant to a commitment, recommitment,	82720
or revocation of a release on parole by the juvenile court of that	82721
county or who are in the care and custody of a community	82722
corrections facility pursuant to a placement by the department	82723
with the consent of the juvenile court as described in division	82724
(E) of section 5139.36 of the Revised Code.	82725

(5) As a condition of the continued receipt of state subsidy	82726
funds pursuant to this section, each county and the juvenile court	82727
that serves each county that receives an annual grant pursuant to	82728
this section shall comply with divisions (B)(3)(b), (c), and (d)	82729
of section 5139.43 of the Revised Code.	82730

Sec. 5145.162. (A) There is hereby created the office of	82731
enterprise development advisory ~~council of directors for prison~~	82732
~~labor consisting~~board to advise and assist the department of	82733
rehabilitation and correction with the creation of training	82734
programs and jobs for inmates and releasees through partnerships	82735
with private sector businesses. The board shall consist of at	82736
least five appointed members and the executive director of the	82737
office of the correctional institution inspection committee, who	82738
shall serve as an ex officio member. Each member shall have	82739
experience in labor relations, marketing, business management, or	82740
business. The members and chairperson shall be appointed by the	82741
~~governor~~director of the department of rehabilitation and	82742
correction. ~~Within thirty days after April 9, 1981, the governor~~	82743
~~shall make the initial appointments to the council of directors.~~	82744
~~Of the initial appointments made to the council of directors, two~~	82745
~~shall be for a term ending one year after April 9, 1981, two shall~~	82746
~~be for a term ending two years after that date, and one shall be~~	82747
~~for a term ending three years after that date. After the~~	82748
~~expiration of the initial terms, the terms of office for the~~	82749
~~members shall be for three years, each term ending on the same day~~	82750
~~of the same month of the year as did the term that it succeeds.~~	82751
~~Each member shall hold office from the date of appointment until~~	82752
~~the end of the term for which the member was appointed. Any~~	82753
~~vacancy on the advisory council shall be filled by the governor.~~	82754
~~Any member appointed to fill a vacancy occurring prior to the~~	82755
~~expiration of the term for which the member's predecessor was~~	82756
~~appointed shall hold office for the remainder of the predecessor's~~	82757
~~term. Any member shall continue in office subsequent to the~~	82758
~~expiration date of the member's term until a successor takes~~	82759
~~office, or until a period of sixty days has elapsed, whichever~~	82760
~~occurs first.~~	82761

(B) Each member of the advisory ~~council, while engaged in the~~	82762
~~performance of the business of the advisory council,~~board shall	82763
receive no compensation but may be reimbursed for expenses	82764
actually and necessarily incurred in the performance of official	82765
duties of the board. Members of the board who are state employees	82766
shall be reimbursed for expenses pursuant to travel rules	82767
promulgated by the office of budget and management.	82768

(C) The advisory ~~council~~board shall adopt procedures for the	82769
conduct of the board's meetings. The board shall meet ~~within two~~	82770
~~weeks after the initial members have been appointed at a time and~~	82771
~~place determined by the governor. At its first meeting, the~~	82772
~~advisory council shall elect a chairperson and shall adopt rules~~	82773
~~for its procedures. The advisory council shall elect a new~~	82774
~~chairperson annually at its January meeting. The advisory council~~	82775
~~shall meet at least once every January and~~ at least once every ~~two~~	82776
~~months thereafter~~quarter, and otherwise shall meet at the call of	82777
the chairperson or ~~upon~~ the ~~written request of at least a quorum~~	82778
~~of the members. Three~~director of the department of rehabilitation	82779
and correction. Sixty per cent of the members ~~constitutes~~shall	82780
constitute a quorum~~, and no action~~. No transaction of the board's	82781
business shall be taken without the concurrence of a quorum of the	82782
members. The board may have committees with persons who are not	82783
members of the board but whose experience and expertise is	82784
relevant and useful to the work of the committee.	82785

(D) The advisory ~~council~~board shall ~~advise and assist the~~	82786
~~department of rehabilitation and correction when the department~~	82787
~~adopts rules pursuant to division (B) of section 5145.03 of the~~	82788
~~Revised Code, establishes prices for goods, products, services, or~~	82789
~~labor produced or supplied by prisoners, and otherwise establishes~~	82790
~~and administers the program for employment of prisoners~~	82791
~~established by the department pursuant to division (A) of section~~	82792
~~5145.16 of the Revised Code. The department shall consider the~~	82793
~~advice and assistance of the advisory council that is provided~~	82794
~~pursuant to this section, and shall cooperate with the advisory~~	82795
~~council. The advisory council may recommend~~have the following	82796
duties:	82797

(1) Solicit business proposals offering job training,	82798
apprenticeship, education programs, and employment opportunities	82799
for inmates and releasees;	82800

(2) Provide information and input to the office of enterprise	82801
development to support the job training and employment program of	82802
inmates and releasees and any additional, related duties as	82803
requested by the director of the department of rehabilitation and	82804
correction;	82805

(3) Recommend to the ~~general assembly~~office of enterprise	82806
development any ~~further~~ legislation, administrative rule, or	82807
department policy change that itthe board believes is necessary	82808
to implement the department's program ~~of employment of prisoners~~;	82809

(4) Promote public awareness of the office of enterprise	82810
development and the office's employment program;	82811

(5) Familiarize itself and the public with avenues to access	82812
the office of enterprise development on employment program	82813
concerns;	82814

(6) Advocate for the needs and concerns of the office of	82815
enterprise development in local communities, counties, and the	82816
state;	82817

(7) Play an active role in the office of enterprise	82818
development's efforts to reduce recidivism in the state by doing	82819
all of the following:	82820

(a) Providing input and making recommendations for the	82821
office's consideration in monitoring employment program compliance	82822
and effectiveness;	82823

(b) Making suggestions on the appropriate priorities for the	82824
office's grant award criteria;	82825

(c) Being a liaison between the office and constituents of	82826
the board's members;	82827

(d) Working to develop constituent groups interested in	82828
employment program issues;	82829

(8) Aid in the employment program development process by	82830
playing a leadership role in professional associations by	82831
discussing employment program issues.	82832

(E) The department of rehabilitation and correction shall	82833
initially screen each proposal obtained under division (D)(1) of	82834
this section to ensure that the proposal is a viable venture to	82835
pursue. If the department determines that a proposal is a viable	82836
venture to pursue, the department shall submit the proposal to the	82837
board for objective review against established guidelines. The	82838
board shall determine whether to recommend the implementation of	82839
the program to the department.	82840

Sec. 5145.18. Any printing or binding performed in a state	82841
correctional institution may be performed for the use of the	82842
institution, the departments of ~~mental health~~mental health and	82843
addiction services, developmental disabilities, and rehabilitation	82844
and correction, the department of public safety in connection with	82845
the registration of motor vehicles, and for any other purpose	82846
authorized by division (B) of section 5145.03 and by sections	82847
5145.16 and 5145.161 of the Revised Code.	82848

Sec. 5153.16. (A) Except as provided in section 2151.422 of	82849
the Revised Code, in accordance with rules adopted under section	82850
5153.166 of the Revised Code, and on behalf of children in the	82851
county whom the public children services agency considers to be in	82852
need of public care or protective services, the public children	82853
services agency shall do all of the following:	82854

(1) Make an investigation concerning any child alleged to be	82855
an abused, neglected, or dependent child;	82856

(2) Enter into agreements with the parent, guardian, or other	82857
person having legal custody of any child, or with the department	82858
of job and family services, department of ~~mental health~~mental	82859
health and addiction services, department of developmental	82860
disabilities, other department, any certified organization within	82861
or outside the county, or any agency or institution outside the	82862
state, having legal custody of any child, with respect to the	82863
custody, care, or placement of any child, or with respect to any	82864
matter, in the interests of the child, provided the permanent	82865
custody of a child shall not be transferred by a parent to the	82866
public children services agency without the consent of the	82867
juvenile court;	82868

(3) Accept custody of children committed to the public	82869
children services agency by a court exercising juvenile	82870
jurisdiction;	82871

(4) Provide such care as the public children services agency	82872
considers to be in the best interests of any child adjudicated to	82873
be an abused, neglected, or dependent child the agency finds to be	82874
in need of public care or service;	82875

(5) Provide social services to any unmarried girl adjudicated	82876
to be an abused, neglected, or dependent child who is pregnant	82877
with or has been delivered of a child;	82878

(6) Make available to the bureau for children with medical	82879
handicaps of the department of health at its request any	82880
information concerning a crippled child found to be in need of	82881
treatment under sections 3701.021 to 3701.028 of the Revised Code	82882
who is receiving services from the public children services	82883
agency;	82884

(7) Provide temporary emergency care for any child considered	82885
by the public children services agency to be in need of such care,	82886
without agreement or commitment;	82887

(8) Find certified foster homes, within or outside the	82888
county, for the care of children, including handicapped children	82889
from other counties attending special schools in the county;	82890

(9) Subject to the approval of the board of county	82891
commissioners and the state department of job and family services,	82892
establish and operate a training school or enter into an agreement	82893
with any municipal corporation or other political subdivision of	82894
the county respecting the operation, acquisition, or maintenance	82895
of any children's home, training school, or other institution for	82896
the care of children maintained by such municipal corporation or	82897
political subdivision;	82898

(10) Acquire and operate a county children's home, establish,	82899
maintain, and operate a receiving home for the temporary care of	82900
children, or procure certified foster homes for this purpose;	82901

(11) Enter into an agreement with the trustees of any	82902
district children's home, respecting the operation of the district	82903
children's home in cooperation with the other county boards in the	82904
district;	82905

(12) Cooperate with, make its services available to, and act	82906
as the agent of persons, courts, the department of job and family	82907
services, the department of health, and other organizations within	82908
and outside the state, in matters relating to the welfare of	82909
children, except that the public children services agency shall	82910
not be required to provide supervision of or other services	82911
related to the exercise of parenting time rights granted pursuant	82912
to section 3109.051 or 3109.12 of the Revised Code or	82913
companionship or visitation rights granted pursuant to section	82914
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	82915
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	82916
a common pleas court, pursuant to division (E)(6) of section	82917
3113.31 of the Revised Code, requires the provision of supervision	82918
or other services related to the exercise of the parenting time	82919
rights or companionship or visitation rights;	82920

(13) Make investigations at the request of any superintendent	82921
of schools in the county or the principal of any school concerning	82922
the application of any child adjudicated to be an abused,	82923
neglected, or dependent child for release from school, where such	82924
service is not provided through a school attendance department;	82925

(14) Administer funds provided under Title IV-E of the	82926
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	82927
amended, in accordance with rules adopted under section 5101.141	82928
of the Revised Code;	82929

(15) In addition to administering Title IV-E adoption	82930
assistance funds, enter into agreements to make adoption	82931
assistance payments under section 5153.163 of the Revised Code;	82932

(16) Implement a system of safety and risk assessment, in	82933
accordance with rules adopted by the director of job and family	82934
services, to assist the public children services agency in	82935
determining the risk of abuse or neglect to a child;	82936

(17) Enter into a plan of cooperation with the board of	82937
county commissioners under section 307.983 of the Revised Code and	82938
comply with each fiscal agreement the board enters into under	82939
section 307.98 of the Revised Code that include family services	82940
duties of public children services agencies and contracts the	82941
board enters into under sections 307.981 and 307.982 of the	82942
Revised Code that affect the public children services agency;	82943

(18) Make reasonable efforts to prevent the removal of an	82944
alleged or adjudicated abused, neglected, or dependent child from	82945
the child's home, eliminate the continued removal of the child	82946
from the child's home, or make it possible for the child to return	82947
home safely, except that reasonable efforts of that nature are not	82948
required when a court has made a determination under division	82949
(A)(2) of section 2151.419 of the Revised Code;	82950

(19) Make reasonable efforts to place the child in a timely	82951
manner in accordance with the permanency plan approved under	82952
division (E) of section 2151.417 of the Revised Code and to	82953
complete whatever steps are necessary to finalize the permanent	82954
placement of the child;	82955

(20) Administer a Title IV-A program identified under	82956
division (A)(4)(c) or (f) of section 5101.80 of the Revised Code	82957
that the department of job and family services provides for the	82958
public children services agency to administer under the	82959
department's supervision pursuant to section 5101.801 of the	82960
Revised Code;	82961

(21) Administer the kinship permanency incentive program	82962
created under section 5101.802 of the Revised Code under the	82963
supervision of the director of job and family services;	82964

(22) Provide independent living services pursuant to sections	82965
2151.81 to 2151.84 of the Revised Code;	82966

(23) File a missing child report with a local law enforcement	82967
agency upon becoming aware that a child in the custody of the	82968
public children services agency is or may be missing.	82969

(B) The public children services agency shall use the system	82970
implemented pursuant to division (A)(16) of this section in	82971
connection with an investigation undertaken pursuant to division	82972
(F)(1) of section 2151.421 of the Revised Code to assess both of	82973
the following:	82974

(1) The ongoing safety of the child;

82975

(2) The appropriateness of the intensity and duration of the	82976
services provided to meet child and family needs throughout the	82977
duration of a case.	82978

(C) Except as provided in section 2151.422 of the Revised	82979
Code, in accordance with rules of the director of job and family	82980
services, and on behalf of children in the county whom the public	82981
children services agency considers to be in need of public care or	82982
protective services, the public children services agency may do	82983
the following:	82984

(1) Provide or find, with other child serving systems,	82985
specialized foster care for the care of children in a specialized	82986
foster home, as defined in section 5103.02 of the Revised Code,	82987
certified under section 5103.03 of the Revised Code;	82988

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	82989
this section, contract with the following for the purpose of	82990
assisting the agency with its duties:	82991

(i) County departments of job and family services;

82992

(ii) Boards of alcohol, drug addiction, and mental health	82993
services;	82994

(iii) County boards of developmental disabilities;

82995

(iv) Regional councils of political subdivisions established	82996
under Chapter 167. of the Revised Code;	82997

(v) Private and government providers of services;

82998

(vi) Managed care organizations and prepaid health plans.

82999

(b) A public children services agency contract under division	83000
(C)(2)(a) of this section regarding the agency's duties under	83001
section 2151.421 of the Revised Code may not provide for the	83002
entity under contract with the agency to perform any service not	83003
authorized by the department's rules.	83004

(c) Only a county children services board appointed under	83005
section 5153.03 of the Revised Code that is a public children	83006
services agency may contract under division (C)(2)(a) of this	83007
section. If an entity specified in division (B) or (C) of section	83008
5153.02 of the Revised Code is the public children services agency	83009
for a county, the board of county commissioners may enter into	83010
contracts pursuant to section 307.982 of the Revised Code	83011
regarding the agency's duties.	83012

Sec. 5160.01. As used in this chapter:

83013

(A) "Dual eligible individual" has the same meaning as in the	83014
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	83015
1396n(h)(2)(B). A dual eligible individual is a medicare-medicaid	83016
enrollee (MME).	83017

(B) "Exchange" has the same meaning as in 45 C.F.R. 155.20.

83018

(C) "Federal financial participation" means the federal	83019
government's share of expenditures made by an entity in	83020
implementing a medical assistance program.	83021

(D) "Medical assistance program" means all of the following:

83022

(1) The medicaid program;

83023

(2) The children's health insurance program;

83024

(3) The refugee medical assistance program;

83025

(4) Any other program that provides medical assistance and	83026
state statutes authorize the department of medicaid to administer.	83027

(E) "Medical assistance recipient" means a recipient of a	83028
medical assistance program. To the extent appropriate in the	83029
context, "medical assistance recipient" includes an individual	83030
applying for a medical assistance program, a former medical	83031
assistance recipient, or both.	83032

(F) "Medicaid managed care organization" has the same meaning	83033
as in section 5167.01 of the Revised Code.	83034

(G) "Refugee medical assistance program" means the program	83035
that the department of medicaid administers pursuant to section	83036
5160.50 of the Revised Code.	83037

Sec. 5160.011. References to the department or director of	83038
public welfare, department or director of human services,	83039
department or director of job and family services, office of	83040
medical assistance, or medical assistance director in any statute,	83041
rule, contract, grant, or other document is deemed to refer to the	83042
department of medicaid or medicaid director, as the case may be,	83043
to the extent the reference is about a duty or authority of the	83044
department of medicaid or medicaid director regarding a medical	83045
assistance program.	83046

Sec. 5160.02. The medicaid director shall adopt rules as	83047
necessary to implement this chapter.	83048

Sec. 5160.021. (A) When the medicaid director is authorized	83049
by a statute to adopt a rule, the director shall adopt the rule in	83050
accordance with the following:	83051

(1) Chapter 119. of the Revised Code if either of the	83052
following applies:	83053

(a) The statute authorizing the rule requires that the rule	83054
be adopted in accordance with Chapter 119. of the Revised Code.	83055

(b) Unless division (A)(2)(b) of this section applies, the	83056
statute authorizing the rule does not specify the procedure for	83057
the rule's adoption.	83058

(2) Section 111.15 of the Revised Code, excluding divisions	83059
(D) and (E) of that section, if either of the following applies:	83060

(a) The statute authorizing the rule requires that the rule	83061
be adopted in accordance with section 111.15 of the Revised Code	83062
and, by the terms of division (D) of that section, division (D) of	83063
that section does not apply to the rule.	83064

(b) The statute authorizing the rule does not specify the	83065
procedure for the rule's adoption and the rule concerns the	83066
day-to-day staff procedures and operations of the department of	83067
medicaid or financial and operational matters between the	83068
department and a person or government entity receiving a grant	83069
from the department.	83070

(3) Section 111.15 of the Revised Code, including divisions	83071
(D) and (E) of that section, if the statute authorizing the rule	83072
requires that the rule be adopted in accordance with that section	83073
and the rule is not exempt from the application of division (D) of	83074
that section.	83075

(B) Except as otherwise required by a statute, the adoption	83076
of a rule in accordance with Chapter 119. of the Revised Code does	83077
not make the department of medicaid subject to the notice,	83078
hearing, or other requirements of sections 119.06 to 119.13 of the	83079
Revised Code.	83080

Sec. 5160.03. The medicaid director is the executive head of	83081
the department of medicaid. All duties conferred on the department	83082
by law or order of the director are under the director's control	83083
and shall be performed in accordance with rules the director	83084
adopts.	83085

Sec. 5160.04. The medicaid director shall appoint one	83086
assistant director for the department of medicaid. The assistant	83087
director shall exercise powers, and perform duties, as ordered by	83088
the medicaid director. The assistant director shall act as the	83089
medicaid director in the medicaid director's absence or disability	83090
and when the position of medicaid director is vacant.	83091

Sec. 5160.05. The medicaid director may appoint such	83092
employees as are necessary for the efficient operation of the	83093
department of medicaid. The director may prescribe the title and	83094
duties of the employees.	83095

Sec. 5160.051. If the medicaid director determines that a	83096
position with the department of medicaid can best be filled in	83097
accordance with division (A)(2) of section 124.30 of the Revised	83098
Code or without regard to a residency requirement established by a	83099
rule adopted by the director of administrative services, the	83100
medicaid director shall provide the director of administrative	83101
services certification of the determination.	83102

Sec. 5160.052. The department of medicaid shall collaborate	83103
with the superintendent of the bureau of criminal identification	83104
and investigation to develop procedures and formats necessary to	83105
produce the notices described in division (C) of section 109.5721	83106
of the Revised Code in a format that is acceptable for use by the	83107
department. The medicaid director may adopt rules under section	83108
5160.02 of the Revised Code necessary for such collaboration. Any	83109
such rules shall be adopted in accordance with section 111.15 of	83110
the Revised Code as if they were internal management rules.	83111

The medicaid director may adopt rules under section 5160.02	83112
of the Revised Code necessary for utilizing the information	83113
received pursuant to section 109.5721 of the Revised Code. The	83114
rules shall be adopted in accordance with Chapter 119. of the	83115
Revised Code.	83116

Sec. 5160.06. The medicaid director may require any of the	83117
employees of the department of medicaid who may be charged with	83118
custody or control of any public money or property or who is	83119
required to give bond, to give a bond, properly conditioned, in a	83120
sum to be fixed by the director which when approved by the	83121
director, shall be filed in the office of the secretary of state.	83122
The cost of such bonds, when approved by the director, shall be	83123
paid from funds available for the department. The bonds required	83124
or authorized by this section may, in the discretion of the	83125
director, be individual, schedule, or blanket bonds.	83126

Sec. 5160.10. The medicaid director may expend funds	83127
appropriated or available to the department of medicaid from	83128
persons and government entities. For purposes of this section, the	83129
director may enter into contracts or agreements with persons and	83130
government entities and make grants to persons and government	83131
entities. To the extent permitted by federal law, the director may	83132
advance funds to a grantee when necessary for the grantee to	83133
perform duties under the grant as specified by the director.	83134

The director may adopt rules under section 5160.02 of the	83135
Revised Code as necessary to define terms and adopt procedures and	83136
other provisions necessary to implement this section.	83137

Sec. 5160.11. The state health care grants fund is hereby	83138
created in the state treasury. Money the department of medicaid	83139
receives from private foundations in support of pilot projects	83140
that promote exemplary programs that enhance programs the	83141
department administers shall be credited to the fund. The	83142
department may expend the money on such projects, may use the	83143
money, to the extent allowable, to match federal financial	83144
participation in support of such projects, and shall comply with	83145
requirements the foundations have stipulated in their agreements	83146
with the department as to the purposes for which the money may be	83147
expended.	83148

Sec. 5160.12. (A) As used in this section, "entity" includes	83149
an agency, board, commission, or department of the state or a	83150
political subdivision of the state; a private, nonprofit entity; a	83151
school district; a private school; or a public or private	83152
institution of higher education.	83153

(B) This section does not apply to contracts entered into	83154
under section 5162.32 or 5162.35 of the Revised Code.	83155

(C) At the request of any public entity having authority to	83156
implement a program administered by the department of medicaid or	83157
any private entity under contract with a public entity to	83158
implement a program administered by the department, the department	83159
may seek to obtain federal financial participation for costs	83160
incurred by the entity. Federal financial participation may be	83161
sought from programs operated pursuant to Title XIX of the "Social	83162
Security Act," 42 U.S.C. 1396, et seq., and any other statute or	83163
regulation under which federal financial participation may be	83164
available, except that federal financial participation may be	83165
sought only for expenditures made with funds for which federal	83166
financial participation is available under federal law.	83167

(D) All funds collected by the department pursuant to	83168
division (C) of this section shall be distributed to the entities	83169
that incurred the costs.	83170

(E) In distributing federal financial participation pursuant	83171
to this section, the department may either enter into an agreement	83172
with the entity that is to receive the funds or distribute the	83173
funds in accordance with rules authorized by division (H) of this	83174
section. If the department decides to enter into an agreement to	83175
distribute the funds, the agreement may include terms that do any	83176
of the following:	83177

(1) Provide for the whole or partial reimbursement of any	83178
cost incurred by the entity in implementing the program;	83179

(2) In the event that federal financial participation is	83180
disallowed or otherwise unavailable for any expenditure, require	83181
the department or the entity, whichever party caused the	83182
disallowance or unavailability of federal financial participation,	83183
to assume responsibility for the expenditures;	83184

(3) Require the entity to certify to the department the	83185
availability of sufficient unencumbered funds to match the federal	83186
financial participation the entity receives under this section;	83187

(4) Establish the length of the agreement, which may be for a	83188
fixed or a continuing period of time;	83189

(5) Establish any other requirements determined by the	83190
department to be necessary for the efficient administration of the	83191
agreement.	83192

(F) An entity that receives federal financial participation	83193
pursuant to this section for a program aiding children and their	83194
families shall establish a process for collaborative planning with	83195
the department for the use of the funds to improve and expand the	83196
program.	83197

(G) Federal financial participation received pursuant to this	83198
section shall not be included in any calculation made under	83199
section 5101.16 or 5101.161 of the Revised Code.	83200

(H) The medicaid director may adopt rules under section	83201
5160.02 of the Revised Code as necessary to implement this	83202
section, including rules for the distribution of federal financial	83203
participation pursuant to this section. The rules shall be adopted	83204
in accordance with Chapter 119. of the Revised Code.	83205

Sec. 5160.13. The department of medicaid may enter into	83206
contracts with private entities to maximize federal revenue	83207
without the expenditure of state money. In selecting private	83208
entities with which to contract, the department shall engage in a	83209
request for proposals process. The department, subject to the	83210
approval of the controlling board, may also directly enter into	83211
contracts with public entities providing revenue maximization	83212
services.	83213

Sec. 5160.16. The department of medicaid may appoint and	83214
commission any competent person to serve as a special agent,	83215
investigator, or representative to perform a designated duty for	83216
and on behalf of the department. Specific credentials shall be	83217
given by the department to each person so designated, and each	83218
credential shall state the following:	83219

(A) The person's name;

83220

(B) The agency with which the person is connected;

83221

83222

(D) The date the appointment expires, if appropriate;

83223

(E) Such information as the department considers proper.

83224

Sec. 5160.20. (A) The department of medicaid may conduct any	83225
audits or investigations that are necessary in the performance of	83226
the department's duties, and to that end, the department has the	83227
same power as a judge of a county court to administer oaths and to	83228
enforce the attendance and testimony of witnesses and the	83229
production of books or papers.	83230

The department shall keep a record of the department's audits	83231
and investigations stating the time, place, charges, or subject;	83232
witnesses summoned and examined; and the department's conclusions.	83233

Witnesses shall be paid the fees and mileage provided for	83234
under section 119.094 of the Revised Code.	83235

(B) Any judge of any division of the court of common pleas,	83236
on application of the department, may compel the attendance of	83237
witnesses, the production of books or papers, and the giving of	83238
testimony before the department, by a judgment for contempt or	83239
otherwise, in the same manner as in cases before those courts.	83240

(C) Until an audit report is formally released by the	83241
department, the audit report or any working paper or other	83242
document or record prepared by the department and related to the	83243
audit that is the subject of the audit report is not a public	83244
record under section 149.43 of the Revised Code.	83245

(D) The medicaid director may adopt rules under section	83246
5160.02 of the Revised Code as necessary to implement this	83247
section. The rules shall be adopted in accordance with section	83248
111.15 of the Revised Code as if they were internal management	83249
rules.	83250

Sec. 5160.21. On the request of the medicaid director, the	83251
auditor of state may conduct an audit of any medical assistance	83252
recipient. If the auditor decides to conduct an audit under this	83253
section, the auditor shall enter into an interagency agreement	83254
with the department of medicaid that specifies that the auditor	83255
agrees to comply with section 5160.45 of the Revised Code with	83256
respect to any information the auditor receives pursuant to the	83257
audit.	83258

Sec. 5160.22. (A) The auditor of state and attorney general,	83259
or their designees, may examine any records, whether in computer	83260
or printed format, in the possession of the medicaid director or	83261
any county director of job and family services, regarding medical	83262
assistance programs. The auditor of state and attorney general	83263
shall do both of the following regarding the records:	83264

(1) Provide safeguards that restrict access to the records to	83265
purposes directly connected with an audit or investigation,	83266
prosecution, or criminal or civil proceeding conducted in	83267
connection with the administration of the programs;	83268

(2) Comply, and ensure that their designees comply, with	83269
section 5160.45 of the Revised Code and rules of the medicaid	83270
director restricting the disclosure of information regarding	83271
medical assistance recipients.	83272

(B) Any person who fails to comply with the restriction	83273
specified in division (A) of this section is disqualified from	83274
acting as an agent or employee or in any other capacity under	83275
appointment or employment of any state board, commission, or	83276
agency.	83277

Sec. 5160.23. The auditor of state is responsible for the	83278
costs the auditor incurs in carrying out the auditor's duties	83279
under sections 5160.21 and 5160.22 of the Revised Code.	83280

Sec. 5160.30. (A) Except as provided in divisions (B) and	83281
(C) of this section, the department of medicaid may accept	83282
applications, determine eligibility, redetermine eligibility, and	83283
perform related administrative activities for medical assistance	83284
programs.	83285

(B) The department may enter into agreements with one or more	83286
agencies of the federal government, the state, other states, and	83287
local governments of this or other states to accept applications,	83288
determine eligibility, redetermine eligibility, and perform	83289
related administrative activities on behalf of the department with	83290
respect to medical assistance programs.	83291

(C) If federal law requires a face-to-face interview to	83292
complete an eligibility determination for a medical assistance	83293
program, the department shall not conduct the face-to-face	83294
interview.	83295

(D) Subject to division (C) of this section, if the	83296
department elects to accept applications, determine eligibility,	83297
redetermine eligibility, and perform related administrative	83298
activities for a medical assistance program, both of the following	83299
apply:	83300

(1) An individual may apply for the medical assistance	83301
program to the department or an agency authorized by an agreement	83302
entered into under division (B) of this section to accept the	83303
individual's application;	83304

(2) The department is subject to federal statutes and	83305
regulations and state statutes and rules that require, permit, or	83306
prohibit an action regarding accepting applications, determining	83307
or redetermining eligibility, and performing related	83308
administrative activities for the medical assistance program.	83309

Sec. 5160.31. (A) A medical assistance recipient may appeal	83310
a decision regarding the recipient's eligibility for a medical	83311
assistance program or services available to the recipient under a	83312
medical assistance program.	83313

(B) Regarding appeals authorized by this section, the	83314
department of medicaid shall do one or more of the following:	83315

(1) Administer an appeals process similar to the appeals	83316
process established under section 5101.35 of the Revised Code;	83317

(2) Contract with the department of job and family services	83318
pursuant to section 5162.35 of the Revised Code to provide for the	83319
department of job and family services to hear the appeals in	83320
accordance with section 5101.35 of the Revised Code;	83321

(3) Delegate authority to hear appeals to an exchange or	83322
exchange appeals entity.	83323

(C) If a medical assistance recipient files an appeal as	83324
authorized by this section, the department of medicaid may do	83325
either or both of the following:	83326

(1) Take corrective action regarding the matter being	83327
appealed before a hearing decision regarding the matter is issued;	83328

(2) If a hearing decision, administrative appeal decision, or	83329
court ruling is against the recipient, take action in favor of the	83330
recipient despite the contrary decision or ruling, unless, in the	83331
case of a court's ruling, the ruling prohibits the department from	83332
taking the action.	83333

~~Sec. 5101.571.~~ Sec. 5160.35. As used in sections ~~5101.571~~5160.35	83334
to ~~5101.591~~5160.43 of the Revised Code:	83335

(A) "Information" means all of the following:

83336

(1) An individual's name, address, date of birth, and social	83337
security number;	83338

(2) The group or plan number, or other identifier, assigned	83339
by a third party to a policy held by an individual or a plan in	83340
which the individual participates and the nature of the coverage;	83341

(3) Any other data the medicaid director ~~of job and family~~	83342
~~services~~ specifies in rules ~~adopted under~~authorized by section	83343
~~5101.591~~5160.43 of the Revised Code.	83344

(B) ~~"Medical assistance" means medical items or services~~	83345
~~provided under any of the following:~~	83346

~~(1) Medicaid, as defined in section 5111.01 of the Revised~~	83347
~~Code;~~	83348

~~(2) The children's health insurance program part I, part II,~~	83349
~~and part III established under sections 5101.50, 5101.51, and~~	83350
~~5101.52 of the Revised Code.~~	83351

~~(C)~~ "Medical support" means support specified as support for	83352
the purpose of medical care by order of a court or administrative	83353
agency.	83354

~~(D) "Public assistance" means medical assistance or~~	83355
~~assistance under the Ohio works first program established under~~	83356
~~Chapter 5107. of the Revised Code.~~	83357

~~(E)~~(C)(1) Subject to division ~~(E)~~(C)(2) of this section, and	83358
except as provided in division ~~(E)~~(C)(3) of this section, "third	83359
party" means all of the following:	83360

(a) A person authorized to engage in the business of sickness	83361
and accident insurance under Title XXXIX of the Revised Code;	83362

(b) A person or governmental entity providing coverage for	83363
medical services or items to individuals on a self-insurance	83364
basis;	83365

(c) A health insuring corporation as defined in section	83366
1751.01 of the Revised Code;	83367

(d) A group health plan as defined in 29 U.S.C. 1167;

83368

(e) A service benefit plan as referenced in 42 U.S.C.	83369
1396a(a)(25);	83370

(f) A managed care organization;

83371

(g) A pharmacy benefit manager;

83372

(h) A third party administrator;

83373

(i) Any other person or governmental entity that is, by law,	83374
contract, or agreement, responsible for the payment or processing	83375
of a claim for a medical item or service for a ~~public~~medical	83376
assistance recipient ~~or participant~~.	83377

(2) Except when otherwise provided by the "Social Security	83378
Act," section 1862(b), 42 U.S.C. 1395y(b), a person or	83379
governmental entity listed in division ~~(E)~~(C)(1) of this section	83380
is a third party even if the person or governmental entity limits	83381
or excludes payments for a medical item or service in the case of	83382
a public assistance recipient.	83383

(3) "Third party" does not include the program for medically	83384
handicapped children established under section 3701.023 of the	83385
Revised Code.	83386

Sec. 5160.36. Enrollment in a medical assistance program	83387
gives a right of subrogation to the department of medicaid for any	83388
workers' compensation benefits payable to a person who is subject	83389
to a support order, as defined in section 3119.01 of the Revised	83390
Code, on behalf of the medical assistance recipient, to the extent	83391
of any payments made under the medical assistance program on the	83392
recipient's behalf. If the department, in consultation with a	83393
child support enforcement agency and the administrator of the	83394
bureau of workers' compensation, determines that a person	83395
responsible for support payments to a medical assistance recipient	83396
is receiving workers' compensation, the department shall notify	83397
the administrator of the amount of the benefit to be paid to the	83398
department.	83399

~~Sec. 5101.58.~~ Sec. 5160.37. (A) ~~The acceptance of public~~A medical	83400
assistance recipient's enrollment in a medical assistance program	83401
gives an automatic right of recovery to the department of ~~job and~~	83402
~~family services~~medicaid and a county department of job and family	83403
services against the liability of a third party for the cost of	83404
medical assistance paid on behalf of the ~~public assistance~~	83405
recipient ~~or participant~~. When an action or claim is brought	83406
against a third party by a ~~public~~medical assistance recipient or	83407
~~participant~~, any payment, settlement or compromise of the action	83408
or claim, or any court award or judgment, is subject to the	83409
recovery right of the department of ~~job and family services~~	83410
medicaid or county department ~~of job and family services~~. Except	83411
in the case of a medical assistance recipient ~~or participant~~ who	83412
receives medical assistance through a medicaid managed care	83413
organization, the department's or county department's claim shall	83414
not exceed the amount of medical assistance paid by athe	83415
department or county department on behalf of the recipient or	83416
~~participant~~. A payment, settlement, compromise, judgment, or award	83417
that excludes the cost of medical assistance paid for by athe	83418
department or county department shall not preclude a department	83419
from enforcing its rights under this section.	83420

(B) In the case of a medical assistance recipient or	83421
~~participant~~ who receives medical assistance through a medicaid	83422
managed care organization, the amount of the department's or	83423
county department's claim shall be the amount the medicaid managed	83424
care organization pays for medical assistance rendered to the	83425
recipient ~~or participant~~, even if that amount is more than the	83426
amount athe department or county department pays to the medicaid	83427
managed care organization for the recipient's ~~or participant's~~	83428
medical assistance.	83429

(C) A medical assistance recipient ~~or participant~~, and the	83430
recipient's ~~or participant's~~ attorney, if any, shall cooperate	83431
with the departments. In furtherance of this requirement, the	83432
medical assistance recipient ~~or participant~~, or the recipient's or	83433
~~participant's~~ attorney, if any, shall, not later than thirty days	83434
after initiating informal recovery activity or filing a legal	83435
recovery action against a third party, provide written notice of	83436
the activity or action to the department of ~~job and family~~	83437
~~services when~~medicaid or county department if it has paid for	83438
medical assistance under ~~medicaid has been paid~~a medical	83439
assistance program.	83440

(D) The written notice that must be given under division (C)	83441
of this section shall disclose the identity and address of any	83442
third party against whom the medical assistance recipient or	83443
~~participant~~ has or may have a right of recovery.	83444

(E) No settlement, compromise, judgment, or award or any	83445
recovery in any action or claim by a medical assistance recipient	83446
~~or participant~~ where the ~~departments have~~department or county	83447
department has a right of recovery shall be made final without	83448
first giving the ~~appropriate departments~~department or county	83449
department written notice as described in division (C) of this	83450
section and a reasonable opportunity to perfect ~~their~~its rights	83451
of recovery. If the ~~departments are~~department or county	83452
department is not given the appropriate written notice, the	83453
medical assistance recipient ~~or participant~~ and, if there is one,	83454
the recipient's ~~or participant's~~ attorney, are liable to reimburse	83455
the ~~departments~~department or county department for the recovery	83456
received to the extent of medical assistance payments made by the	83457
~~departments~~department or county department.	83458

(F) The ~~departments~~department or county department shall be	83459
permitted to enforce ~~their~~its recovery rights against the third	83460
party even though ~~they~~it accepted prior payments in discharge of	83461
~~their~~its rights under this section if, at the time the	83462
~~departments~~department or county department received such	83463
payments, ~~they were~~it was not aware that additional medical	83464
expenses had been incurred but had not yet been paid by the	83465
~~departments~~department or county department. The third party	83466
becomes liable to the department ~~of job and family services~~ or	83467
county department ~~of job and family services~~ as soon as the third	83468
party is notified in writing of the valid claims for recovery	83469
under this section.	83470

(G)(1) Subject to division (G)(2) of this section, the right	83471
of recovery of athe department or county department does not	83472
apply to that portion of any judgment, award, settlement, or	83473
compromise of a claim, to the extent of attorneys' fees, costs, or	83474
other expenses incurred by a medical assistance recipient or	83475
~~participant~~ in securing the judgment, award, settlement, or	83476
compromise, or to the extent of medical, surgical, and hospital	83477
expenses paid by such recipient ~~or participant~~ from the	83478
recipient's ~~or participant's~~ own resources.	83479

(2) Reasonable attorneys' fees, not to exceed one-third of	83480
the total judgment, award, settlement, or compromise, plus costs	83481
and other expenses incurred by the medical assistance recipient or	83482
~~participant~~ in securing the judgment, award, settlement, or	83483
compromise, shall first be deducted from the total judgment,	83484
award, settlement, or compromise. After fees, costs, and other	83485
expenses are deducted from the total judgment, award, settlement,	83486
or compromise, the department of ~~job and family services~~medicaid	83487
or ~~appropriate~~ county department ~~of job and family services~~ shall	83488
receive no less than one-half of the remaining amount, or the	83489
actual amount of medical assistance paid, whichever is less.	83490

(H) A right of recovery created by this section may be	83491
enforced separately or jointly by the department of ~~job and family~~	83492
~~services~~medicaid or ~~the appropriate~~ county department ~~of job and~~	83493
~~family services~~. To enforce ~~their~~its recovery rights, the	83494
~~departments~~department or county department may do any of the	83495
following:	83496

(1) Intervene or join in any action or proceeding brought by	83497
the medical assistance recipient ~~or participant~~ or on the	83498
recipient's ~~or participant's~~ behalf against any third party who	83499
may be liable for the cost of medical assistance paid;	83500

(2) Institute and pursue legal proceedings against any third	83501
party who may be liable for the cost of medical assistance paid;	83502

(3) Initiate legal proceedings in conjunction with any	83503
injured, diseased, or disabled medical assistance recipient or	83504
~~participant~~ or the recipient's ~~or participant's~~ attorney or	83505
representative.	83506

(I) A medical assistance recipient ~~or participant~~ shall not	83507
assess attorney fees, costs, or other expenses against the	83508
department of ~~job and family services~~medicaid or a county	83509
department ~~of job and family services~~ when the department or	83510
county department enforces its right of recovery created by this	83511
section.	83512

(J) The right of recovery given to the department under this	83513
section ~~does not include rights to support from any other person~~	83514
~~assigned to the state under sections 5107.20 and 5115.07 of the~~	83515
~~Revised Code, but~~ includes payments made by a third party under	83516
contract with a person having a duty to support.	83517

(K) The department of medicaid may assign to a medical	83518
assistance provider the right of recovery given to the department	83519
under this section with respect to any claim for which the	83520
department has notified the provider that the department intends	83521
to recoup the department's prior payment for the claim.	83522

Sec. 5160.371. In addition to the requirement of division	83523
(C) of section 5160.37 of the Revised Code to cooperate with the	83524
department of medicaid and county department of job and family	83525
services, a medical assistance recipient and the recipient's	83526
attorney, if any, shall cooperate with each medical provider of	83527
the recipient. Cooperation with a medical provider shall consist	83528
of disclosing to the provider all information the recipient and	83529
attorney, if any, possess that would assist the provider in	83530
determining each third party that is responsible for the payment	83531
or processing of a claim for medical assistance provided to the	83532
recipient. If disclosure is not made in accordance with this	83533
section, the recipient and the recipient's attorney, if any, are	83534
liable to reimburse the department or county department for the	83535
amount that would have been paid by a third party had the third	83536
party been disclosed to the provider by the recipient or the	83537
recipient's attorney.	83538

~~Sec. 5101.59.~~ Sec. 5160.38. (A) The application for, or ~~acceptance~~	83539
ofenrollment in, ~~public~~a medical assistance program constitutes	83540
an automatic assignment of ~~certain~~ rights specified in division	83541
(B) of this section to the department of ~~job and family services~~	83542
medicaid. This assignment includes the rights of the ~~applicant,~~	83543
medical assistance recipient~~, or participant~~ and also the rights	83544
of any other member of the assistance group for whom the	83545
~~applicant,~~ recipient~~, or participant~~ can legally make an	83546
assignment.	83547

(B) Pursuant to this section, ~~the applicant,~~a medical	83548
assistance recipient~~, or participant~~ assigns to the department any	83549
rights to medical support available to the ~~applicant,~~ recipient,	83550
~~or participant~~ or ~~for~~ other members of the recipient's assistance	83551
group under an order of a court or administrative agency, and any	83552
rights to payments by a liable third party for the cost of medical	83553
assistance paid on behalf of ~~a public assistance~~the recipient or	83554
~~participant~~or other members of the assistance group. The	83555
recipient ~~or participant~~ shall cooperate with the department in	83556
obtaining such payments.	83557

Medicare benefits shall not be assigned pursuant to this	83558
section. Benefits assigned to the department by operation of this	83559
section are directly reimbursable to the department by liable	83560
third parties.	83561

(C) Refusal by ~~the applicant~~a medical assistance, recipient,	83562
~~or participant~~ to cooperate in obtaining medical assistance paid	83563
for self or any other member of the recipient's assistance group	83564
renders the ~~applicant,~~ recipient~~, or participant~~ ineligible for	83565
~~public~~a medical assistance program, unless cooperation is waived	83566
by the department. Eligibility shall continue for any individual	83567
who cannot legally assign the individual's own rights and who	83568
would have been eligible for ~~public~~a medical assistance program	83569
but for the refusal to assign the individual's rights or to	83570
cooperate as required by this section by another person legally	83571
able to assign the individual's rights.	83572

(D) If ~~the applicant,~~a medical assistance recipient~~, or~~	83573
~~participant~~ or any member of the recipient's assistance group	83574
becomes ineligible for ~~public~~a medical assistance program, the	83575
department shall restore to the ~~applicant,~~ recipient~~, participant,~~	83576
or ~~member of the~~ assistance group member any future rights to	83577
benefits assigned under this section.	83578

~~(E) The rights of assignment given to the department under~~	83579
~~this section do not include rights to support assigned under~~	83580
~~section 5107.20 or 5115.07 of the Revised Code.~~	83581

~~Sec. 5101.572.~~ Sec. 5160.39. (A) A third party shall cooperate	83582
with the department of ~~job and family services~~medicaid in	83583
identifying individuals for the purpose of establishing third	83584
party liability ~~pursuant to Title XIX of the Social Security Act,~~	83585
~~as amended~~regarding medical assistance programs.	83586

(B) In furtherance of the requirement in division (A) of this	83587
section and to allow the department to determine any period that	83588
the individual or the individual's spouse or dependent may have	83589
been covered by the third party and the nature of the coverage, a	83590
third party shall provide, as the department so chooses,	83591
information or access to information, or both, in the third	83592
party's electronic data system on the department's request and in	83593
accordance with division (C) of this section.	83594

(C)(1) If the department chooses to receive information	83595
directly, the third party shall provide the information under all	83596
of the following circumstances:	83597

(a) In a medium, format, and manner prescribed ~~by the~~	83598
~~director of job and family services~~ in rules ~~adopted under~~	83599
authorized by section ~~5101.591~~5160.43 of the Revised Code;	83600

(b) Free of charge;

83601

(c) Not later than the end of the thirtieth day after the	83602
department makes its request, unless a different time is agreed to	83603
by the director in writing.	83604

(2) If the department chooses to receive access to	83605
information, the third party shall provide access by a method	83606
prescribed ~~by the director of job and family services~~ in rules	83607
~~adopted under~~authorized by section ~~5101.591~~5160.43 of the	83608
Revised Code. In facilitating access, the department may enter	83609
into a trading partner agreement with the third party to permit	83610
the exchange of information via "ASC X 12N 270/271 Health Care	83611
Eligibility Benefit Inquiry and Response" transactions.	83612

(D) All of the following apply with respect to information	83613
provided by a third party to the department under this section:	83614

(1) The information is confidential and not a public record	83615
under section 149.43 of the Revised Code.	83616

(2) The release of information to the department is not to be	83617
considered a violation of any right of confidentiality or contract	83618
that the third party may have with covered persons including, but	83619
not limited to, contractees, beneficiaries, heirs, assignees, and	83620
subscribers.	83621

(3) The third party is immune from any liability that it may	83622
otherwise incur through its release of information to the	83623
department.	83624

The department ~~of job and family services~~ shall limit its use	83625
of information gained from third parties to purposes directly	83626
connected with the administration of the medicaid program and the	83627
child support program authorized by Title IV-D of the "Social	83628
Security Act.," 42 U.S.C. 651 et seq.	83629

(E) No third party shall disclose to other parties or make	83630
use of any information regarding medical assistance recipients of	83631
~~aid under Chapter 5107. or 5111. of the Revised Code~~ that it	83632
obtains from the department, except in the manner provided ~~for by~~	83633
~~the director of job and family services~~ in ~~administrative~~ rules	83634
authorized by section 5160.43 of the Revised Code.	83635

~~Sec. 5101.573.~~ Sec. 5160.40. (A) Subject to divisions (B) and (C)	83636
of this section, a third party shall do all of the following:	83637

(1) Accept the department of ~~job and family services'~~	83638
medicaid's right of recovery under section ~~5101.58~~5160.37 of the	83639
Revised Code and the assignment of rights to the department that	83640
are described in section ~~5101.59~~5160.38 of the Revised Code;	83641

(2) Respond to an inquiry by the department regarding a claim	83642
for payment of a medical item or service that was submitted to the	83643
third party not later than six years after the date of the	83644
provision of such medical item or service;	83645

(3) Not charge a fee to do either of the following for a	83646
claim described in division (A)(2) of this section:	83647

(a) Determine whether the claim should be paid;

83648

(b) Process the claim.

83649

(4) Pay a claim described in division (A)(2) of this section;

83650

(5) Not deny a claim submitted by the department solely on	83651
the basis of the date of submission of the claim, type or format	83652
of the claim form, or a failure by the medical assistance	83653
recipient who is the subject of the claim to present proper	83654
documentation of coverage at the time of service, if both of the	83655
following ~~are true~~have occurred:	83656

(a) The claim was submitted by the department not later than	83657
six years after the date of the provision of the medical item or	83658
service.	83659

(b) An action by the department to enforce its right of	83660
recovery under section ~~5101.58~~5160.37 of the Revised Code on the	83661
claim was commenced not later than six years after the	83662
department's submission of the claim.	83663

(6) Consider the department's payment of a claim for a	83664
medical item or service to be the equivalent of the medical	83665
assistance recipient having obtained prior authorization for the	83666
item or service from the third party;	83667

(7) Not deny a claim described in division (A)(6) of this	83668
section that is submitted by the department solely on the basis of	83669
the medical assistance recipient's failure to obtain prior	83670
authorization for the medical item or service.	83671

(B) For purposes of the requirements in division (A) of this	83672
section, a third party shall treat a medicaid managed care	83673
organization as the department for a claim ~~in which both of the~~	83674
~~following are true:~~	83675

~~(1) The~~if the individual who is the subject of the claim	83676
received a medical item or service through a medicaid managed care	83677
organization ~~that has entered into a contract with the department~~	83678
~~of job and family services under section 5111.17 of the Revised~~	83679
~~Code;~~	83680

~~(2) The~~and the department has assigned its right of recovery	83681
for the claim to the medicaid managed care organization.	83682

(C) If the department of medicaid, as permitted by division	83683
(K) of section 5160.37 of the Revised Code, assigns to a medical	83684
assistance provider the department's right of recovery for a claim	83685
for which it has notified the provider that it intends to recoup	83686
its prior payment for a claim, a third party shall treat the	83687
provider as the department and shall pay the provider the greater	83688
of the following:	83689

(1) The amount the department intends to recoup from the	83690
provider for the claim.	83691

(2) If the third party and the provider have an agreement	83692
that requires the third party to pay the provider at the time the	83693
provider presents the claim to the third party, the amount that is	83694
to be paid under that agreement.	83695

(D) The time limitations associated with the requirements in	83696
divisions (A)(2) and (5) of this section apply only to submissions	83697
of claims to, and payments of claims by, a health insurer to which	83698
the "Social Security Act," section 1902(a)(25)(I), 42 U.S.C.	83699
1396a(a)(25)(I), applies.	83700

~~Sec. 5101.574.~~ Sec. 5160.41. No third party shall consider whether	83701
an individual is eligible for or ~~receives~~enrolled in a medical	83702
assistance program when either of the following applies:	83703

(A) The individual seeks to obtain a policy or enroll in a	83704
plan or program operated or administered by the third party;	83705

(B) The individual, or a person or governmental entity on the	83706
individual's behalf, seeks payment for a medical item or service	83707
provided to the individual.	83708

~~Sec. 5101.575.~~ Sec. 5160.42. (A) If a third party violates section	83709
~~5101.572~~5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the	83710
Revised Code, a governmental entity that is responsible for	83711
issuing a license, certificate of authority, registration, or	83712
approval that authorizes the third party to do business in this	83713
state may impose a fine against the third party or deny, revoke,	83714
or terminate the third party's license, certificate, registration,	83715
or approval to do business in this state. The governmental entity	83716
shall determine which sanction is to be imposed. All actions to	83717
impose the sanction shall be taken in accordance with Chapter 119.	83718
of the Revised Code.	83719

(B) In addition to the sanctions that may be imposed under	83720
division (A) of this section for a violation of section ~~5101.572~~	83721
5160.39, ~~5101.573~~5160.40, or ~~5101.574~~5160.41 of the Revised	83722
Code, the attorney general may petition a court of common pleas to	83723
enjoin the violation.	83724

~~Sec. 5101.591.~~ Sec. 5160.43. (A) ~~Except as provided in division (B)~~	83725
~~of this section, the~~The medicaid director ~~of job and family~~	83726
~~services~~ may adopt rules ~~in accordance with Chapter 119.~~under	83727
section 5160.02 of the Revised Code to implement sections ~~5101.571~~	83728
5160.35 to ~~5101.59~~5160.43 of the Revised Code, including rules	83729
that specify what constitutes cooperating with efforts to obtain	83730
support or payments, or medical assistance payments, and when	83731
cooperation may be waived.	83732

(B) The department shall adopt rules ~~in accordance with~~	83733
~~Chapter 119.~~under section 5160.02 of the Revised Code to do all	83734
of the following:	83735

(1) For purposes of the definition of "information" in	83736
division (A) of section ~~5101.571~~5160.35 of the Revised Code, any	83737
data other than the data specified in that division that should be	83738
included in the definition.	83739

(2) For purposes of division (C)(1)(a) of section ~~5101.572~~	83740
5160.39 of the Revised Code, the medium, format, and manner in	83741
which a third party must provide information to the department.	83742

(3) For purposes of division (C)(2) of section ~~5101.572~~	83743
5160.39 of the Revised Code, the method by which a third party	83744
must provide the department with access to information.	83745

(C) Rules authorized by division (A) of this section may be	83746
adopted in accordance with section 111.15 of the Revised Code.	83747
Rules authorized by division (B) of this section shall be adopted	83748
in accordance with Chapter 119. of the Revised Code.	83749

~~Sec. 5101.271.~~ Sec. 5160.45. (A) As used in sections 5160.45 to	83750
5160.481 of the Revised Code, "information" means all of the	83751
following:	83752

(1) Records, as defined in section 149.011 of the Revised	83753
Code;	83754

(2) Any other documents in any format;

83755

(3) Data derived from records and documents that are	83756
generated, acquired, or maintained by the department of medicaid,	83757
a county department of job and family services, or an entity	83758
performing duties on behalf of the department or a county	83759
department.	83760

(B) Except as permitted by this section, section ~~5101.273~~	83761
5160.47, or rules ~~adopted under~~authorized by section ~~5101.30~~	83762
5160.48 or 5160.481 of the Revised Code, or when required by	83763
federal law, no person or government entity shall use or disclose	83764
information regarding a medical assistance recipient for any	83765
purpose not directly connected with the administration of ~~the~~a	83766
medical assistance program.	83767

~~(B)~~(C) Both of the following shall be considered to be	83768
purposes directly connected with the administration of ~~the~~a	83769
medical assistance program:	83770

(1) Treatment, payment, or other operations or activities	83771
authorized by 42 C.F.R. Chapter IV;	83772

(2) Any administrative function or duty the department of ~~job~~	83773
~~and family services~~medicaid performs alone or jointly with a	83774
federal government entity, another state government entity, or a	83775
local government entity implementing a provision of federal law.	83776

~~(C)~~(D) The department or a county ~~agency~~department of job	83777
and family services may disclose information regarding a medical	83778
assistance recipient to any of the following:	83779

(1) The recipient or the recipient's authorized	83780
representative;	83781

(2) The recipient's legal guardian in accordance with	83782
division (C) of section 2111.13 of the Revised Code;	83783

(3) The attorney of the recipient, if the department or	83784
county ~~agency~~department has obtained authorization from the	83785
recipient,or the recipient's authorized representative, or ~~the~~	83786
~~recipient's~~ legal guardian that meets all requirements of the	83787
Health Insurance Portability and Accountability Act of 1996, ~~Pub.~~	83788
~~L. 104-191, 110 Stat. 1955,~~ 42 U.S.C. 1320d et seq., ~~as amended,~~	83789
regulations promulgated by the United States department of health	83790
and human services to implement the act, section ~~5101.272~~5160.46	83791
of the Revised Code, and any rules ~~the director of job and family~~	83792
~~services adopts under~~authorized by section ~~5101.30~~5160.48 of the	83793
Revised Code;	83794

(4) A health information or health records management entity	83795
that has executed with the department a business associate	83796
agreement required by 45 C.F.R 164.502(e)(2) and has been	83797
authorized by the recipient,or the recipient's authorized	83798
representative, or ~~the recipient's~~ legal guardian to receive the	83799
recipient's electronic health records in accordance with rules ~~the~~	83800
~~director of job and family services adopts under~~authorized by	83801
section ~~5101.30~~5160.48 of the Revised Code;	83802

(5) A court if pursuant to a written order of the court.

83803

~~(D)~~(E) The department may receive from county departments of	83804
job and family services information regarding any medical	83805
assistance recipient for purposes of training and verifying the	83806
accuracy of eligibility determinations for a medical assistance	83807
program. The department may assemble information received under	83808
this division into a report if the report is in a form specified	83809
by the department. Information received and assembled into a	83810
report under this division shall remain confidential and not be	83811
subject to disclosure pursuant to section 149.43 or 1347.08 of the	83812
Revised Code.	83813

~~(E)~~(F) The department shall notify courts in this state	83814
regarding its authority, under division ~~(C)~~(D)(5) of this section,	83815
to disclose information regarding a medical assistance recipient	83816
pursuant to a written court order.	83817

Sec. 5160.46. (A) For the purposes of section 5160.45 of the	83818
Revised Code, an authorization shall be made on a form that uses	83819
language understandable to the average person and contains all of	83820
the following:	83821

(1) A description of the information to be used or disclosed	83822
that identifies the information in a specific and meaningful	83823
fashion;	83824

(2) The name or other specific identification of the person	83825
or class of persons authorized to make the requested use or	83826
disclosure;	83827

(3) The name or other specific identification of the person	83828
or government entity to which the information may be released;	83829

(4) A description of each purpose of the requested use or	83830
disclosure of the information;	83831

(5) The date on which the authorization expires or an event	83832
related either to the individual who is the subject of the request	83833
or to the purposes of the requested use or disclosure, the	83834
occurrence of which will cause the authorization to expire;	83835

(6) A statement that the information used or disclosed	83836
pursuant to the authorization may be disclosed by the recipient of	83837
the information and may no longer be protected from disclosure;	83838

(7) The signature of the individual or the individual's	83839
authorized representative and the date on which the authorization	83840
was signed;	83841

(8) If signed by an authorized representative, a description	83842
of the representative's authority to act for the individual;	83843

(9) A statement of the individual or authorized	83844
representative's right to prospectively revoke the written	83845
authorization in writing, along with either of the following:	83846

(a) A description of how the individual or authorized	83847
representative may revoke the authorization;	83848

(b) If the department of medicaid has established a privacy	83849
notice that contains a description of how the individual or	83850
authorized representative may revoke the authorization, a	83851
reference to the privacy notice.	83852

(10) A statement that treatment, payment, enrollment, or	83853
eligibility for a medical assistance program cannot be conditioned	83854
on signing the authorization unless the authorization is necessary	83855
for determining eligibility for the program.	83856

(B) An authorization for the release of information regarding	83857
a medical assistance recipient to the recipient's attorney under	83858
division (D)(3) of section 5160.45 of the Revised Code may include	83859
a provision specifically authorizing the release of the	83860
recipient's electronic health records, if any, in accordance with	83861
rules authorized by section 5160.48 or 5160.481 of the Revised	83862
Code.	83863

(C) When an individual requests information pursuant to	83864
section 5160.45 of the Revised Code regarding the individual's	83865
enrollment in a medical assistance program and does not wish to	83866
provide a statement of purpose, the statement "at request of the	83867
individual" is a sufficient description for purposes of division	83868
(A)(4) of this section.	83869

Sec. 5160.47. The department of medicaid shall enter into	83870
any necessary agreements with the United States department of	83871
health and human services and neighboring states to join and	83872
participate as an active member in the public assistance reporting	83873
information system. The department may disclose information	83874
regarding a medical assistance recipient to the extent necessary	83875
to participate as an active member in the system.	83876

Sec. 5160.48. (A) The medicaid director shall adopt rules	83877
under section 5160.02 of the Revised Code implementing sections	83878
5160.45 to 5160.481 of the Revised Code and governing the custody,	83879
use, disclosure, and preservation of the information generated or	83880
received by the department of medicaid, county departments of job	83881
and family services, other state and county entities, contractors,	83882
grantees, private entities, or officials participating in the	83883
administration of medical assistance programs. The rules shall be	83884
adopted in accordance with Chapter 119. of the Revised Code. The	83885
rules may define who is an "authorized representative" for	83886
purposes of sections 5160.45 and 5160.46 of the Revised Code. The	83887
rules shall specify conditions and procedures for the release of	83888
information, which may include both of the following:	83889

(1) Permitting a provider of a service under a medical	83890
assistance program limited access to information that is essential	83891
for the provider to render the service or to bill for the service	83892
rendered;	83893

(2) Permitting a contractor, grantee, or other state or	83894
county entity limited access to information that is essential for	83895
the contractor, grantee, or entity to perform administrative or	83896
other duties on behalf of the department or a county department.	83897

(B) The department of aging, when investigating a complaint	83898
under section 173.20 of the Revised Code, shall be granted any	83899
limited access permitted in the rules authorized by division	83900
(A)(1) of this section.	83901

A contractor, grantee, or entity given access to information	83902
pursuant to the rules authorized by division (A)(2) of this	83903
section is bound by the director's rules. Disclosure of the	83904
information by the contractor, grantee, or entity in a manner not	83905
authorized by the rules is a violation of section 5160.45 of the	83906
Revised Code.	83907

Sec. 5160.481. Whenever names, addresses, or other	83908
information relating to medical assistance recipients is held by	83909
any agency other than the department of medicaid or a county	83910
department of job and family services, that other agency shall	83911
adopt rules consistent with sections 5160.45 to 5160.481 of the	83912
Revised Code to prevent the publication or disclosure of names,	83913
lists, or other information concerning those recipients.	83914

Sec. 5160.50. The department of medicaid shall administer	83915
the refugee medical assistance program authorized by the	83916
"Immigration and Nationality Act," section 412(e), 42 U.S.C.	83917
1522(e).	83918

Sec. 5160.52. The medicaid director may provide for the	83919
department of medicaid to develop, participate in the development	83920
of, negotiate, and enter into one or more interstate compacts on	83921
behalf of this state with agencies of any other states, for the	83922
provision of medical assistance to children in relation to whom	83923
all of the following apply:	83924

(A) They have special needs.

83925

(B) This state or another state that is a party to the	83926
interstate compact is providing adoption assistance on their	83927
behalf.	83928

(C) They move into this state from another state or move out	83929
of this state to another state.	83930

Sec. 5160.99. Whoever violates division (B) of section	83931
5160.45 of the Revised Code is guilty of a misdemeanor of the	83932
first degree.	83933

Sec. 5161.01. (A) As used in the Revised Code, "children's	83934
health insurance program" and, when used as an acronym for the	83935
children's health insurance program, "CHIP" mean the program of	83936
child health assistance authorized by Title XXI of the "Social	83937
Security Act," 42 U.S.C. 1397aa et seq. CHIP part I, CHIP part II,	83938
and CHIP part III, as authorized by this chapter, are components	83939
of CHIP. Any reference in statute enacted by the general assembly	83940
to medicaid or the medicaid program also means CHIP to the extent,	83941
if any, that CHIP is provided under the medicaid program.	83942

(B) As used in this chapter, "federal poverty line" means the	83943
official poverty line defined by the United States office of	83944
management and budget based on the most recent data available from	83945
the United States bureau of the census and revised by the United	83946
States secretary of health and human services pursuant to the	83947
"Omnibus Budget Reconciliation Act of 1981," section 673(2), 42	83948
U.S.C. 9902(2).	83949

~~Sec. 5101.502.~~ Sec. 5161.02. The medicaid director of ~~job and~~	83950
~~family services~~ may adopt rules in accordance with Chapter 119. of	83951
the Revised Code as necessary for the efficient administration of	83952
the children's health insurance program ~~part I~~, including rules	83953
that establish all of the following:	83954

(A) The conditions under which ~~health assistance services~~	83955
the program will ~~be reimbursed~~pay for health benefits coverage;	83956

(B) The method of ~~reimbursement applicable to services~~	83957
~~reimbursable under~~ the ~~program~~payment;	83958

(C) The amount of ~~reimbursement~~payment, or the method by	83959
which the amount is to be determined, for each ~~reimbursable~~	83960
service included in the health benefits coverage.	83961

~~Sec. 5101.50.~~ Sec. 5161.05. ~~(A) As used in sections 5101.50 to~~	83962
~~5101.529 of the Revised Code:~~	83963

~~(1) "Children's health insurance program" means the program~~	83964
~~authorized by Title XXI of the "Social Security Act," 111 Stat.~~	83965
~~552 (1997), 42 U.S.C.A. 1397aa.~~	83966

~~(2) "Federal poverty guidelines" has the same meaning as in~~	83967
~~section 5101.46 of the Revised Code.~~	83968

~~(B)~~ The medicaid director ~~of job and family services~~ may	83969
continue to operate the component of the children's health	83970
insurance program initially authorized by an executive order	83971
issued under section 107.17 of the Revised Code as long as federal	83972
financial participation is available for the program. If operated,	83973
the ~~program~~component shall ~~provide health assistance to~~pay for	83974
part or all of the cost of health benefits coverage for uninsured	83975
individuals under nineteen years of age with family incomes not	83976
exceeding one hundred fifty per cent of the federal poverty	83977
~~guidelines~~line. ~~In accordance with 42 U.S.C.A. 1397aa, the~~	83978
~~director may provide for the health assistance to meet the~~	83979
~~requirements of 42 U.S.C.A. 1397cc, to be provided under the~~	83980
~~medicaid program established under Chapter 5111. of the Revised~~	83981
~~Code, or to be a combination of both.~~	83982

~~Sec. 5101.501.~~ Sec. 5161.06. ~~Health assistance provided under~~The	83983
component of the children's health insurance program authorized by	83984
section ~~5101.50~~5161.05 of the Revised Code shall be known as ~~the~~	83985
~~children's health insurance program~~CHIP part I.	83986

~~Sec. 5101.51.~~ Sec. 5161.10. In accordance with federal law	83987
governing the children's health insurance program, the medicaid	83988
director ~~of job and family services~~ may submit a state child	83989
health plan to the United States secretary of health and human	83990
services to ~~provide~~pay, except as provided in section ~~5101.516~~	83991
5161.22 of the Revised Code, ~~health assistance to~~for part or all	83992
of the cost of health benefits coverage for uninsured individuals	83993
under nineteen years of age with family incomes above one hundred	83994
fifty per cent of the federal poverty ~~guidelines~~line but not	83995
exceeding two hundred per cent of the federal poverty ~~guidelines~~	83996
line. If the director submits the plan, the director shall ~~include~~	83997
~~both of the following~~stipulate in the plan:	83998

~~(A) The health assistance will not begin before January 1,~~	83999
~~2000.~~	84000

~~(B) The health assistance~~that the payments will be available	84001
only while federal financial participation is available for it	84002
them.	84003

~~Sec. 5101.511.~~ Sec. 5161.11. ~~Health assistance provided under~~The	84004
component of the children's health insurance program authorized by	84005
section ~~5101.51~~5161.10 of the Revised Code shall be known as ~~the~~	84006
~~children's health insurance program~~CHIP part II.	84007

~~Sec. 5101.512.~~ Sec. 5161.12. If the medicaid director ~~of job and~~	84008
~~family services~~ submits a state child health plan to the United	84009
States secretary of health and human services under section	84010
~~5101.51~~5161.10 of the Revised Code and the secretary approves the	84011
plan, the director shall implement ~~the children's health insurance~~	84012
~~program~~CHIP part II in accordance with the plan. ~~The director may~~	84013
~~adopt rules in accordance with Chapter 119. of the Revised Code as~~	84014
~~necessary for the efficient administration of the program,~~	84015
~~including rules that establish all of the following:~~	84016

~~(A) The conditions under which health assistance services~~	84017
~~will be reimbursed;~~	84018

~~(B) The method of reimbursement applicable to services~~	84019
~~reimbursable under the program~~;	84020

~~(C) The amount of reimbursement, or the method by which the~~	84021
~~amount is to be determined, for each reimbursable service~~.	84022

~~Sec. 5101.52.~~ Sec. 5161.15. In accordance with federal law	84023
governing the children's health insurance program, the medicaid	84024
director ~~of job and family services~~ may submit a request for a	84025
federal waiver to the United States secretary of health and human	84026
services to ~~provide~~pay, except as provided in section ~~5101.526~~	84027
5161.22 of the Revised Code, ~~health assistance to~~for part or all	84028
of the cost of health benefits coverage for individuals under	84029
nineteen years of age with family incomes above two hundred per	84030
cent of the federal poverty ~~guidelines~~line but not exceeding	84031
three hundred per cent of the federal poverty ~~guidelines~~line. If	84032
the director submits the ~~plan~~waiver request, the director shall	84033
stipulate in the ~~plan~~request that the ~~health assistance~~payments	84034
will be available only while federal financial participation is	84035
available for ~~it and that health assistance shall not begin before~~	84036
~~January 1, 2008~~them.	84037

~~Sec. 5101.521.~~ Sec. 5161.16. ~~Health assistance provided under~~The	84038
component of the children's health insurance program authorized by	84039
section ~~5101.52~~5161.15 of the Revised Code shall be known as ~~the~~	84040
~~children's health insurance program~~CHIP part III.	84041

~~Sec. 5101.522.~~ Sec. 5161.17. If the medicaid director ~~of job and~~	84042
~~family services~~ submits a waiver request to the United States	84043
secretary of health and human services under section ~~5101.52~~	84044
5161.15 of the Revised Code and the secretary grants the waiver,	84045
the director shall implement ~~the children's health insurance~~	84046
~~program~~CHIP part III in accordance with the waiver. ~~The director~~	84047
~~may adopt rules in accordance with Chapter 119. of the Revised~~	84048
~~Code as necessary for the efficient administration of the program,~~	84049
~~including rules that establish all of the following:~~	84050

~~(A) The conditions under which health assistance services~~	84051
~~will be reimbursed;~~	84052

~~(B) The method of reimbursement applicable to services~~	84053
~~reimbursable under the program;~~	84054

~~(C) The amount of reimbursement, or the method by which the~~	84055
~~amount is to be determined, for each reimbursable service.~~	84056

~~Sec. 5101.524.~~ Sec. 5161.20. In accordance with the "Social	84057
Security Act," section 2101, 42 U.S.C. 1397aa, ~~the director of job~~	84058
~~and family services shall provide for health assistance under~~ the	84059
children's health insurance program ~~part III to meet~~shall	84060
provide payments for obtaining health benefits coverage through	84061
any of the following:	84062

(A) Obtaining coverage that meets the requirements the	84063
"Social Security Act," section 2103, of 42 U.S.C. 1397cc~~, to be~~	84064
~~provided~~;	84065

(B) Providing benefits under the medicaid program ~~established~~	84066
~~under Chapter 5111. of the Revised Code, or to be a~~;	84067

(C) A combination of ~~both~~divisions (A) and (B) of this	84068
section.	84069

~~Sec. 5101.516.~~ Sec. 5161.22. If the medicaid director ~~of job and~~	84070
~~family services~~ determines that federal financial participation	84071
for ~~the children's health insurance program~~CHIP part II, part	84072
III, or both parts is insufficient to ~~provide health assistance~~	84073
topay for part or all of the costs of health benefits coverage	84074
for all the individuals the director anticipates are eligible for	84075
the ~~program~~part or parts, the director may refuse to accept new	84076
applications for the ~~program~~part or parts or may make the	84077
~~program's~~ eligibility requirements more restrictive for the part	84078
or parts.	84079

~~Sec. 5101.517.~~ Sec. 5161.24. To the extent permitted by the	84080
"Social Security Act," section 2103(e), 42 U.S.C.A. 1397cc(e), the	84081
medicaid director ~~of job and family services~~ may require an	84082
individual ~~receiving health assistance under the children's health~~	84083
~~insurance program~~seeking to enroll, or who is enrolled, in CHIP	84084
part II to pay a premium, deductible, coinsurance payment, or	84085
other cost-sharing expense.	84086

~~Sec. 5101.527.~~ Sec. 5161.25. To the extent permitted by the "Social	84087
Security Act," section 2103(e), 42 U.S.C. 1397cc(e), the medicaid	84088
director ~~of job and family services~~ shall require an individual	84089
~~receiving health assistance under the children's health insurance~~	84090
~~program~~seeking to enroll, or who is enrolled, in CHIP part III to	84091
pay the following as a term of ~~participation in the program~~	84092
enrollment:	84093

(A) A premium of not less than forty dollars per month for a	84094
family with one individual ~~receiving health assistance under~~	84095
seeking to enroll, or who is enrolled, in the ~~program~~part;	84096

(B) A premium of not less than eighty dollars per month for a	84097
family with two individuals ~~receiving health assistance under~~	84098
seeking to enroll, or who is enrolled, in the ~~program~~part;	84099

(C) A premium of not less than one hundred twenty dollars per	84100
month for a family with three or more individuals ~~receiving health~~	84101
~~assistance under~~seeking to enroll, or who are enrolled, in the	84102
~~program~~part.	84103

~~Sec. 5101.519.~~ Sec. 5161.27. A completed application for ~~medical~~	84104
~~assistance under Chapter 5111. of the Revised Code~~medicaid shall	84105
be treated as an application for ~~health assistance under~~ the	84106
children's health insurance program ~~part II~~ if the application is	84107
for an assistance group that includes a child under nineteen years	84108
of age and is denied.	84109

~~Sec. 5101.513.~~ Sec. 5161.30. The medicaid director ~~of job and~~	84110
~~family services~~ may contract with a government entity or person to	84111
perform the director's administrative duties regarding ~~the~~	84112
~~children's health insurance program~~CHIP part I, part II, part	84113
III, two of the parts, or all three parts, other than the duty to	84114
submit a state child health plan to the United States secretary of	84115
health and human services under section ~~5101.51~~5161.10 of the	84116
Revised Code, the duty to submit a waiver request under section	84117
5161.15 of the Revised Code, and the duty to adopt rules under	84118
section ~~5101.512~~5161.02 of the Revised Code.	84119

~~Sec. 5101.5110.~~ Sec. 5161.35. (A) The medicaid director ~~of job and~~	84120
~~family services~~ may submit a waiver request to the United States	84121
secretary of health and human services to provide health	84122
assistance to any individual who meets all of the following	84123
requirements:	84124

(1) Is the parent of a child who is under nineteen years of	84125
age ~~who~~, resides with the parent, and is ~~eligible for health~~	84126
~~assistance under~~enrolled in the children's health insurance	84127
program part I or II or the medicaid program ~~established under~~	84128
~~Chapter 5111. of the Revised Code~~;	84129

(2) Is uninsured;

84130

(3) Has a family income that does not exceed one hundred per	84131
cent of the federal poverty ~~guidelines~~line.	84132

(B) A waiver request the director submits under division (A)	84133
of this section may seek federal funds allotted to the state under	84134
~~Title XXI of~~ the "Social Security Act," ~~111 Stat. 558 (1997)~~	84135
section 2104, 42 U.S.C.A. 1397dd, ~~as amended,~~ that are not	84136
otherwise used to fund the children's health insurance program	84137
parts I and II.	84138

~~(C) If a waiver request the director submits under division~~	84139
~~(A) of this section is granted, the director may adopt rules in~~	84140
~~accordance with Chapter 119. of the Revised Code as necessary for~~	84141
~~the efficient administration of the program authorization by the~~	84142
~~waiver.~~	84143

Sec. 5162.01. (A) As used in the Revised Code:

84144

(1) "Medicaid" and "medicaid program" mean the program of	84145
medical assistance established by Title XIX of the "Social	84146
Security Act," 42 U.S.C. 1396 et seq., including any medical	84147
assistance provided under the medicaid state plan or a federal	84148
medicaid waiver granted by the United States secretary of health	84149
and human services.	84150

(2) "Medicare" and "medicare program" mean the federal health	84151
insurance program established by Title XVIII of the "Social	84152
Security Act," 42 U.S.C. 1395 et seq.	84153

(B) As used in this chapter:

84154

(1) "Dual eligible individual" has the same meaning as in	84155
section 5160.01 of the Revised Code.	84156

(2) "Federal financial participation" has the same meaning as	84157
in section 5160.01 of the Revised Code.	84158

(3) "Federal poverty line" means the official poverty line	84159
defined by the United States office of management and budget based	84160
on the most recent data available from the United States bureau of	84161
the census and revised by the United States secretary of health	84162
and human services pursuant to the "Omnibus Budget Reconciliation	84163
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	84164

(4) "Healthy start component" means the component of the	84165
medicaid program that covers pregnant women and children and is	84166
identified in rules adopted under section 5162.02 of the Revised	84167
Code as the healthy start component.	84168

(5) "ICF/IID" has the same meaning as in section 5124.01 of	84169
the Revised Code.	84170

(6) "Medicaid managed care organization" has the same meaning	84171
as in section 5167.01 of the Revised Code.	84172

(7) "Medicaid provider" has the same meaning as in section	84173
5164.01 of the Revised Code.	84174

(8) "Medicaid services" has the same meaning as in section	84175
5164.01 of the Revised Code.	84176

(9) "Nursing facility" has the same meaning as in section	84177
5165.01 of the Revised Code.	84178

(10) "Political subdivision" means a municipal corporation,	84179
township, county, school district, or other body corporate and	84180
politic responsible for governmental activities only in a	84181
geographical area smaller than that of the state.	84182

(11) "Provider agreement" has the same meaning as in section	84183
5164.01 of the Revised Code.	84184

(12) "Qualified medicaid school provider" means the board of	84185
education of a city, local, or exempted village school district,	84186
the governing authority of a community school established under	84187
Chapter 3314. of the Revised Code, the state school for the deaf,	84188
and the state school for the blind to which both of the following	84189
apply:	84190

(a) It holds a valid provider agreement.

84191

(b) It meets all other conditions for participation in the	84192
medicaid school component of the medicaid program established in	84193
rules authorized by section 5162.364 of the Revised Code.	84194

(13) "State agency" means every organized body, office, or	84195
agency, other than the department of medicaid, established by the	84196
laws of the state for the exercise of any function of state	84197
government.	84198

(14) "Vendor offset" means a reduction of a medicaid payment	84199
to a medicaid provider to correct a previous, incorrect medicaid	84200
payment to that provider.	84201

Sec. 5162.02. The medicaid director shall adopt rules as	84202
necessary to implement this chapter.	84203

Sec. 5162.021. The medicaid director shall adopt rules under	84204
sections 5160.02, 5162.02, 5163.03, 5164.04, 5165.05, 5166.02, and	84205
5167.02 of the Revised Code as necessary to authorize the	84206
directors of other state agencies to adopt rules regarding	84207
medicaid components, or aspects of medicaid components, the other	84208
state agencies administer pursuant to contracts entered into under	84209
section 5162.35 of the Revised Code.	84210

Sec. 5162.022. The medicaid director's rules governing	84211
medicaid are binding on other state agencies and political	84212
subdivisions that administer one or more components of the	84213
medicaid program, or one or more aspects of a component, pursuant	84214
to contracts entered into under section 5162.35 of the Revised	84215
Code. No state agency or political subdivision may establish, by	84216
rule or otherwise, a policy governing medicaid that is	84217
inconsistent with a medicaid policy established, in rule or	84218
otherwise, by the director.	84219

~~Sec. 5111.01.~~ Sec. 5162.03. ~~(A) As used in this chapter:~~

84220

~~"Children's health insurance program" means the children's~~	84221
~~health insurance program part I, children's health insurance~~	84222
~~program part II, and children's health insurance program part III~~	84223
~~authorized by sections 5101.50 to 5101.529 of the Revised Code.~~	84224

~~"Medical assistance program" or "medicaid" means the program~~	84225
~~that is authorized by this chapter and provided by the office of~~	84226
~~medical assistance under this chapter, Title XIX of the "Social~~	84227
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, et seq., as~~	84228
~~amended, and the waivers of Title XIX requirements granted to the~~	84229
~~office by the centers for medicare and medicaid services of the~~	84230
~~United States department of health and human services.~~	84231

~~(B) There is hereby established the office of medical~~	84232
~~assistance as a work unit within the department of job and family~~	84233
~~services. The chief of the office shall hold the title of medical~~	84234
~~assistance director. Notwithstanding section 5101.06 of the~~	84235
~~Revised Code, the governor shall appoint the medical assistance~~	84236
~~director and the medical assistance director shall serve at the~~	84237
~~governor's pleasure. The medical assistance director is not an~~	84238
~~assistant director of the department of job and family services~~	84239
~~for purposes of section 121.05 or 5101.03 of the Revised Code or~~	84240
~~any other purpose.~~	84241

~~Subject to appropriations for the medicaid program and~~	84242
~~children's health insurance program, the department of job and~~	84243
~~family services shall provide staff and support services as~~	84244
~~necessary for the operation of the office of medical assistance.~~	84245

~~If a statute, rule, contract, or other legal authority~~	84246
~~requires the director of job and family services or department of~~	84247
~~job and family services to take an action regarding the medicaid~~	84248
~~program or children's health insurance program, the medical~~	84249
~~assistance director or office of medical assistance shall take the~~	84250
~~action in place of the director of job and family services or~~	84251
~~department of job and family services. If a statute, rule,~~	84252
~~contract, or other legal authority permits the director of job and~~	84253
~~family services or department of job and family services to take~~	84254
~~an action regarding the medicaid program or children's health~~	84255
~~insurance program, the medical assistance director or office of~~	84256
~~medical assistance shall take the action in place of the director~~	84257
~~of job and family services or department of job and family~~	84258
~~services if the action is to be taken.~~	84259

~~The office~~For the purpose of the "Social Security Act,"	84260
section 1902(a)(5), 42 U.S.C. 1396a(a)(5), the department of	84261
~~medical assistance~~medicaid shall act as the single state agency	84262
to supervise the administration of the medicaid program. As the	84263
single state agency, the ~~office~~department shall comply with 42	84264
C.F.R. 431.10(e) and all other federal requirements applicable to	84265
the single state agency. ~~The office's rules governing medicaid are~~	84266
~~binding on other agencies that administer components of the~~	84267
~~medicaid program. No agency may establish, by rule or otherwise, a~~	84268
~~policy governing medicaid that is inconsistent with a medicaid~~	84269
~~policy established, in rule or otherwise, by the medical~~	84270
~~assistance director.~~	84271

~~(C) The office of medical assistance may provide medical~~	84272
~~assistance under the medicaid program as long as federal funds are~~	84273
~~provided for such assistance, to the following:~~	84274

~~(1) Families with children that meet either of the following~~	84275
~~conditions:~~	84276

~~(a) The family meets the income, resource, and family~~	84277
~~composition requirements in effect on July 16, 1996, for the~~	84278
~~former aid to dependent children program as those requirements~~	84279
~~were established by Chapter 5107. of the Revised Code, federal~~	84280
~~waivers granted pursuant to requests made under former section~~	84281
~~5101.09 of the Revised Code, and rules adopted by the department~~	84282
~~or any changes the department makes to those requirements in~~	84283
~~accordance with paragraph (a)(2) of section 114 of the "Personal~~	84284
~~Responsibility and Work Opportunity Reconciliation Act of 1996,"~~	84285
~~110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of~~	84286
~~implementing section 5111.0120 of the Revised Code. An adult loses~~	84287
~~eligibility for medicaid under division (C)(1)(a) of this section~~	84288
~~pursuant to division (E) of section 5107.16 of the Revised Code.~~	84289

~~(b) The family does not meet the requirements specified in~~	84290
~~division (C)(1)(a) of this section but is eligible for medicaid~~	84291
~~pursuant to section 5101.18 of the Revised Code.~~	84292

~~(2) Aged, blind, and disabled persons who meet the following~~	84293
~~conditions:~~	84294

~~(a) Receive federal aid under Title XVI of the "Social~~	84295
~~Security Act," or are eligible for but are not receiving such aid,~~	84296
~~provided that the income from all other sources for individuals~~	84297
~~with independent living arrangements shall not exceed one hundred~~	84298
~~seventy-five dollars per month. The income standards hereby~~	84299
~~established shall be adjusted annually at the rate that is used by~~	84300
~~the United States department of health and human services to~~	84301
~~adjust the amounts payable under Title XVI.~~	84302

~~(b) Do not receive aid under Title XVI, but meet any of the~~	84303
~~following criteria:~~	84304

~~(i) Would be eligible to receive such aid, except that their~~	84305
~~income, other than that excluded from consideration as income~~	84306
~~under Title XVI, exceeds the maximum under division (C)(2)(a) of~~	84307
~~this section, and incurred expenses for medical care, as~~	84308
~~determined under federal regulations applicable to section 209(b)~~	84309
~~of the "Social Security Amendments of 1972," 86 Stat. 1381, 42~~	84310
~~U.S.C. 1396a(f), as amended, equal or exceed the amount by which~~	84311
~~their income exceeds the maximum under division (C)(2)(a) of this~~	84312
~~section;~~	84313

~~(ii) Received aid for the aged, aid to the blind, or aid for~~	84314
~~the permanently and totally disabled prior to January 1, 1974, and~~	84315
~~continue to meet all the same eligibility requirements;~~	84316

~~(iii) Are eligible for medicaid pursuant to section 5101.18~~	84317
~~of the Revised Code.~~	84318

~~(3) Persons to whom federal law requires, as a condition of~~	84319
~~state participation in the medicaid program, that medicaid be~~	84320
~~provided;~~	84321

~~(4) Persons under age twenty-one who meet the income~~	84322
~~requirements for the Ohio works first program established under~~	84323
~~Chapter 5107. of the Revised Code but do not meet other~~	84324
~~eligibility requirements for the program. The medical assistance~~	84325
~~director shall adopt rules in accordance with Chapter 119. of the~~	84326
~~Revised Code specifying which Ohio works first requirements shall~~	84327
~~be waived for the purpose of providing medicaid eligibility under~~	84328
~~division (C)(4) of this section.~~	84329

~~(D) If sufficient funds are appropriated for the medicaid~~	84330
~~program, the office of medical assistance may provide medical~~	84331
~~assistance under the medicaid program to persons in groups~~	84332
~~designated by federal law as groups to which a state, at its~~	84333
~~option, may provide medical assistance under the medicaid program.~~	84334

~~(E) The office of medical assistance may expand eligibility~~	84335
~~for the medicaid program to include individuals under age nineteen~~	84336
~~with family incomes at or below one hundred fifty per cent of the~~	84337
~~federal poverty guidelines, except that the eligibility expansion~~	84338
~~shall not occur unless the office receives the approval of the~~	84339
~~federal government. The office may implement the eligibility~~	84340
~~expansion authorized under this division on any date selected by~~	84341
~~the office, but not sooner than January 1, 1998.~~	84342

~~(F) In addition to any other authority or requirement to~~	84343
~~adopt rules under this chapter, the medical assistance director~~	84344
~~may adopt rules in accordance with section 111.15 of the Revised~~	84345
~~Code as the director considers necessary to establish standards,~~	84346
~~procedures, and other requirements regarding the provision of~~	84347
~~medical assistance under the medicaid program. The rules may~~	84348
~~establish requirements to be followed in applying for medicaid,~~	84349
~~making determinations of eligibility for medicaid, and verifying~~	84350
~~eligibility for medicaid. The rules may include special conditions~~	84351
~~as the office determines appropriate for making applications,~~	84352
~~determining eligibility, and verifying eligibility for any medical~~	84353
~~assistance that the office may provide under the medicaid program~~	84354
~~pursuant to division (E) of this section and section 5111.014 or~~	84355
~~5111.0120 of the Revised Code.~~	84356

~~Sec. 5111.98.~~ Sec. 5162.031. (A) The medicaid director ~~of job and~~	84357
~~family services~~ may do all of the following as necessary for the	84358
department of ~~job and family services~~medicaid to fulfill the	84359
duties it has, as the single state agency for the medicaid	84360
program, under the "Medicare Prescription Drug, Improvement, and	84361
Modernization Act of 2003" Pub. L. No. 108-173~~, 117 Stat. 2066~~:	84362

(1) Adopt rules in accordance with division (B) of this	84363
section;	84364

(2) Assign duties to county departments of job and family	84365
services;	84366

(3) Make payments to the United States department of health	84367
and human services from appropriations made to the department of	84368
~~job and family services~~medicaid for this purpose.	84369

(B) Rules ~~adopted under~~authorized by division (A)(1) of this	84370
section shall be adopted as follows:	84371

(1) If the rules concern the department's duties regarding	84372
~~service~~medicaid providers, ~~in accordance with Chapter 119.~~under	84373
sections 5164.02 and 5165.02 of the Revised Code, as appropriate;	84374

(2) If the rules concern the department's duties concerning	84375
individuals' eligibility for medicaid services, ~~in accordance with~~	84376
under section ~~111.15~~5163.02 of the Revised Code;	84377

(3) If the rules concern the department's duties concerning	84378
financial and operational matters between the department and	84379
county departments of job and family services, ~~in accordance with~~	84380
under section ~~111.15~~5162.02 of the Revised Code ~~as if the rules~~	84381
~~were internal management rules~~.	84382

~~Sec. 5111.102.~~ Sec. 5162.04. As used in this section, "state	84383
agency" has the same meaning as in section 9.23 of the Revised	84384
Code.	84385

No provision of Title LI of the Revised Code or any other law	84386
of this state that incorporates any provision of federal ~~Medicaid~~	84387
medicaid law, ~~Title XIX of the Social Security Act, 79 Stat. 286~~	84388
~~(1965), 42 U.S.C. 1396,~~ or that may be construed as requiring the	84389
state, a state agency, or any state official or employee to comply	84390
with that federal provision, shall be construed as creating a	84391
cause of action to enforce such state law beyond the causes of	84392
action available under federal law for enforcement of the	84393
provision of federal law.	84394

Sec. 5162.05. The medicaid program shall be implemented in	84395
accordance with all of the following:	84396

(A) The medicaid state plan approved by the United States	84397
secretary of health and human services, including amendments to	84398
the plan approved by the United States secretary;	84399

(B) Federal medicaid waivers granted by the United States	84400
secretary, including amendments to waivers approved by the United	84401
States secretary;	84402

(C) Other types of federal approval, including demonstration	84403
grants, that establish requirements for components of the medicaid	84404
program;	84405

(D) Except as otherwise authorized by a federal medicaid	84406
waiver granted by the United States secretary, all applicable	84407
federal statutes, regulations, and policy guidances;	84408

(E) All applicable state statutes.

84409

Sec. 5162.06. (A) Notwithstanding any other state statute,	84410
no component, or aspect of a component, of the medicaid program	84411
shall be implemented without all of the following:	84412

(1) Subject to division (B) of this section, if the	84413
component, or aspect of the component, requires federal approval,	84414
receipt of the federal approval;	84415

(2) Sufficient federal financial participation for the	84416
component or aspect of the component;	84417

(3) Sufficient nonfederal funds for the component or aspect	84418
of the component that qualify as funds needed to obtain the	84419
federal financial participation.	84420

(B) A component, or aspect of a component, of the medicaid	84421
program that requires federal approval may begin to be implemented	84422
before receipt of the federal approval if federal law authorizes	84423
implementation to begin before receipt of the federal approval.	84424
Implementation shall cease if the federal approval is ultimately	84425
denied.	84426

Sec. 5162.07. The medicaid director shall seek federal	84427
approval for all components, and aspects of components, of the	84428
medicaid program for which federal approval is needed, except that	84429
the director is permitted rather than required to seek federal	84430
approval for components, and aspects of components, that state	84431
statutes permit rather than require be implemented. Federal	84432
approval shall be sought in the following forms as appropriate:	84433

(A) The medicaid state plan;

84434

(B) Amendments to the medicaid state plan;

84435

84436

(D) Amendments to federal medicaid waivers;

84437

(E) Other types of federal approval, including demonstration	84438
grants.	84439

~~Sec. 5111.10.~~ Sec. 5162.10. The medicaid director ~~of job and~~	84440
~~family services~~ may conduct reviews of the medicaid program. The	84441
reviews may include physical inspections of records and sites	84442
where ~~medicaid-funded~~medicaid services are provided and	84443
interviews of medicaid providers and medicaid recipients ~~of the~~	84444
~~services~~. If the director determines pursuant to a review that a	84445
person or government entity has violated a rule governing the	84446
medicaid program, the director may establish a corrective action	84447
plan for the violator and impose fiscal, administrative, or both	84448
types of sanctions on the violator in accordance with rules	84449
~~governing the medicaid program~~adopted under section 5162.02 of	84450
the Revised Code.	84451

~~Sec. 5111.915.~~ Sec. 5162.11. (A) The department of ~~job and family~~	84452
~~services~~medicaid shall enter into an agreement with the	84453
department of administrative services for the department of	84454
administrative services to contract through competitive selection	84455
pursuant to section 125.07 of the Revised Code with a vendor to	84456
perform an assessment of the data collection and data warehouse	84457
functions of the medicaid data warehouse system, including the	84458
ability to link the data sets of all agencies serving medicaid	84459
recipients.	84460

The assessment of the data system shall include functions	84461
related to fraud and abuse detection, program management and	84462
budgeting, and performance measurement capabilities of all	84463
agencies serving medicaid recipients, including the departments of	84464
aging, ~~alcohol and drug addiction services,~~ health, job and family	84465
services, medicaid, ~~mental health~~mental health and addiction	84466
services, and developmental disabilities.	84467

~~The department of administrative services shall enter into~~	84468
~~this contract within thirty days after September 29, 2005. The~~	84469
~~contract shall require the vendor to complete the assessment~~	84470
~~within ninety days after September 29, 2005.~~	84471

A qualified vendor with whom the department of administrative	84472
services contracts to assess the data system shall also assist the	84473
medicaid agencies in the definition of the requirements for an	84474
enhanced data system or a new data system and assist the	84475
department of administrative services in the preparation of a	84476
request for proposal to enhance or develop a data system.	84477

(B) Based on the assessment performed pursuant to division	84478
(A) of this section, the department of administrative services	84479
shall seek a qualified vendor through competitive selection	84480
pursuant to section 125.07 of the Revised Code to develop or	84481
enhance a data collection and data warehouse system for the	84482
department of ~~job and family services~~medicaid and all agencies	84483
serving medicaid recipients.	84484

~~Within ninety days after September 29, 2005, the~~The	84485
department of ~~job and family services~~medicaid shall seek enhanced	84486
federal ~~funding~~financial participation for ninety per cent of	84487
the funds required to establish or enhance the data system. The	84488
department of administrative services shall not award a contract	84489
for establishing or enhancing the data system until the department	84490
of ~~job and family services~~medicaid receives approval from the	84491
~~secretary of the~~ United States ~~department~~secretary of health and	84492
human services for the ninety per cent federal ~~match~~financial	84493
participation.	84494

Sec. 5162.12. (A) The medicaid director may enter into a	84495
contract with one or more persons to receive and process, on the	84496
director's behalf, requests for medicaid recipient or claims	84497
payment data, data from reports of audits conducted under section	84498
5165.109 of the Revised Code, or extracts or analyses of any of	84499
the foregoing data made by persons who intend to use the items for	84500
commercial or academic purposes.	84501

(B) At a minimum, a contract entered into under this section	84502
shall do both of the following:	84503

(1) Authorize the contracting person to engage in the	84504
activities described in division (A) of this section for	84505
compensation, which must be stated as a percentage of the fees	84506
paid by persons who are provided the items;	84507

(2) Specify the schedule of fees the contracting person is to	84508
charge for the items.	84509

(C) Except as required by federal or state law and subject to	84510
division (E) of this section, both of the following conditions	84511
apply with respect to a request for data described in division (A)	84512
of this section:	84513

(1) The request shall be made through a person who has	84514
entered into a contract with the medicaid director under this	84515
section.	84516

(2) An item prepared pursuant to the request may be provided	84517
to the department of medicaid and is confidential and not subject	84518
to disclosure under section 149.43 or 1347.08 of the Revised Code.	84519

(D) The medicaid director shall use fees the director	84520
receives pursuant to a contract entered into under this section to	84521
pay obligations specified in contracts entered under this section.	84522
Any money remaining after the obligations are paid shall be	84523
deposited in the health care services administration fund created	84524
under section 5162.54 of the Revised Code.	84525

(E) This section does not apply to requests for medicaid	84526
recipient or claims payment data, data from reports of audits	84527
conducted under section 5165.109 of the Revised Code, or extracts	84528
or analyses of any of the foregoing data that are for any of the	84529
following purposes:	84530

(1) Treatment of medicaid recipients;

84531

(2) Payment of medicaid claims;

84532

(3) Establishment or management of medicaid third party	84533
liability pursuant to sections 5160.35 to 5160.43 of the Revised	84534
Code;	84535

(4) Compliance with the terms of an agreement the medicaid	84536
director enters into for purposes of administering the medicaid	84537
program;	84538

(5) Compliance with an operating protocol the executive	84539
director of the office of health transformation or the executive	84540
director's designee adopts under division (D) of section 191.06 of	84541
the Revised Code.	84542

~~Sec. 5111.09.~~ Sec. 5162.13. On or before the first day of January	84543
of each year, the department of ~~job and family services~~medicaid	84544
shall submit to the speaker and minority leader of the house of	84545
representatives and the president and minority leader of the	84546
senate, and shall make available to the public, a report on the	84547
effectiveness of the ~~Ohio works first program established under~~	84548
~~Chapter 5107. of the Revised Code and the medical assistance~~	84549
medicaid program ~~established under this chapter~~ in meeting the	84550
health care needs of low-income pregnant women, infants, and	84551
children. The report shall include: the estimated number of	84552
~~persons eligible for health care services to~~ pregnant women,	84553
infants, and children ~~under the programs~~eligible for the	84554
program; the actual number of eligible persons ~~served~~enrolled in	84555
the program; the number of prenatal, postpartum, and child health	84556
visits; a report on birth outcomes, including a comparison of	84557
low-birthweight births and infant mortality rates of ~~program~~	84558
~~participants~~medicaid recipients with the general female	84559
child-bearing and infant population in this state; and a	84560
comparison of the prenatal, delivery, and child health costs of	84561
the ~~programs~~program with such costs of similar programs in other	84562
states, where available.	84563

~~Sec. 5111.091.~~ Sec. 5162.131. Semiannually, the medicaid director	84564
~~of job and family services~~ shall submit to the president and	84565
minority leader of the senate, speaker and minority leader of the	84566
house of representatives, and the chairpersons of the standing	84567
committees of the senate and house of representatives with primary	84568
responsibility for legislation making biennial appropriations a	84569
report on the establishment and implementation of programs	84570
designed to control the increase of the cost of the medicaid	84571
program, increase the efficiency of the medicaid program, and	84572
promote better health outcomes. In each calendar year, one report	84573
shall be submitted not later than the last day of June and the	84574
subsequent report shall be submitted not later than the last day	84575
of December.	84576

~~Sec. 5111.092.~~ Sec. 5162.132. ~~(A) Not later than January 1, 2010,~~	84577
~~and each year thereafter~~Annually, the department of ~~job and~~	84578
~~family services~~medicaid shall prepare a report on the	84579
department's efforts to minimize fraud, waste, and abuse in the	84580
medicaid program.	84581

~~(B)~~ Each report shall be made available on the department's	84582
web site. The department shall submit a copy of each report to the	84583
governor and, in accordance with section 101.68 of the Revised	84584
Code, the general assembly. Copies of the report also shall be	84585
made available to the public on request.	84586

~~Sec. 5111.101.~~ Sec. 5162.15. (A) As used in this section;

84587

"Agent" and "contractor" include any agent, contractor,	84588
subcontractor, or other person who, on behalf of an entity,	84589
furnishes or authorizes the furnishing of ~~health care items or~~	84590
medicaid services ~~under the medicaid program~~, performs billing or	84591
coding functions, or is involved in monitoring of health care that	84592
an entity provides.	84593

"Employee" includes any officer or employee (including	84594
management employees) of an entity.	84595

"Entity" includes a governmental entity or an organization,	84596
unit, corporation, partnership, or other business arrangement,	84597
including any medicaid managed care organization, irrespective of	84598
the form of business structure or arrangement by which it exists,	84599
whether for-profit or not-for-profit. "Entity" does not include a	84600
government entity that administers one or more components of the	84601
medicaid program, unless the government entity receives medicaid	84602
payments for providing ~~items or~~medicaid services.	84603

"Federal health care programs" has the same meaning as in the	84604
"Social Security Act," section 1128B, 42 U.S.C. 1320a-7b(f).	84605

(B) Each entity that receives or makes in a federal fiscal	84606
year payments under the medicaid program, either through the	84607
medicaid state ~~medicaid~~ plan or a federal medicaid waiver,	84608
totaling at least five million dollars shall, as a condition of	84609
receiving such payments, do all of the following not later than	84610
the first day of the succeeding calendar year:	84611

(1) Establish written policies for all of the entity's	84612
employees, contractors, and agents that provide detailed	84613
information about the role of all of the following in preventing	84614
and detecting fraud, waste, and abuse in federal health care	84615
programs:	84616

(a) Federal false claims law under 31 U.S.C. 3729 to 3733;

84617

(b) Federal administrative remedies for false claims and	84618
statements available under 31 U.S.C. 3801 to 3812;	84619

(c) Sections 124.341, 2913.40, 2913.401, and 2921.13 of the	84620
Revised Code and any other state laws pertaining to civil or	84621
criminal penalties for false claims and statements;	84622

(d) Whistleblower protections under the laws specified in	84623
divisions (B)(1)(a) to (c) of this section.	84624

(2) Include as part of the written policies required by	84625
division (B)(1) of this section detailed provisions regarding the	84626
entity's policies and procedures for preventing and detecting	84627
fraud, waste, and abuse.	84628

(3) Disseminate the written policies required by division	84629
(B)(1) of this section to each of the entity's employees,	84630
contractors, and agents in a paper or electronic form and make the	84631
written policies readily available to the entity's employees,	84632
contractors, and agents.	84633

(4) If the entity has an employee handbook, include in the	84634
employee handbook a specific discussion of the laws specified in	84635
division (B)(1) of this section, the rights of employees to be	84636
protected as whistleblowers, and the entity's policies and	84637
procedures for preventing and detecting fraud, waste, and abuse.	84638

(5) Require the entity's contractors and agents to adopt the	84639
entity's written policies required by division (B)(1) of this	84640
section.	84641

(C) An entity that furnishes ~~items or~~medicaid services at	84642
multiple locations or under multiple contractual or other payment	84643
arrangements is required to comply with division (B) of this	84644
section if the entity receives in a federal fiscal year medicaid	84645
payments totaling in the aggregate at least five million dollars.	84646
This applies regardless of whether the entity submits claims for	84647
medicaid payments using multiple provider identification or tax	84648
identification numbers.	84649

~~Sec. 5111.0112.~~ Sec. 5162.20. (A) The ~~director~~department of ~~job~~	84650
~~and family services~~medicaid shall institute a cost-sharing	84651
~~program under~~requirements for the medicaid program. In	84652
~~instituting the cost-sharing program, the director shall comply~~	84653
~~with federal law.~~ The cost-sharing ~~program~~requirements shall	84654
~~establish~~include a copayment requirement for at least dental	84655
services, vision services, nonemergency emergency department	84656
services, and prescription drugs, other than generic drugs. The	84657
cost-sharing ~~program~~requirements also shall ~~establish~~include	84658
requirements regarding premiums, enrollment fees, deductions, and	84659
similar charges. ~~The director shall adopt rules under section~~	84660
~~5111.02 of the Revised Code governing the cost-sharing program.~~	84661

(B) ~~The cost-sharing program shall, to the extent permitted~~	84662
~~by federal law, provide for all of the following with regard to~~	84663
~~any providers participating in the medicaid program:~~	84664

(1) No provider shall refuse to provide a service to a	84665
medicaid recipient who is unable to pay a required copayment for	84666
the service.	84667

(2) Division (B)(1) of this section shall not be considered	84668
to do either of the following with regard to a medicaid recipient	84669
who is unable to pay a required copayment:	84670

(a) Relieve the medicaid recipient from the obligation to pay	84671
a copayment;	84672

(b) Prohibit the provider from attempting to collect an	84673
unpaid copayment.	84674

~~(3)~~(C) Except as provided in division ~~(C)~~(F) of this section,	84675
no provider shall waive a medicaid recipient's obligation to pay	84676
the provider a copayment.	84677

~~(4)~~(D) No provider or drug manufacturer, including the	84678
manufacturer's representative, employee, independent contractor,	84679
or agent, shall pay any copayment on behalf of a medicaid	84680
recipient.	84681

~~(5)~~(E) If it is the routine business practice of ~~the~~a	84682
provider to refuse service to any individual who owes an	84683
outstanding debt to the provider, the provider may consider an	84684
unpaid copayment imposed by the cost-sharing ~~program~~requirements	84685
as an outstanding debt and may refuse service to a medicaid	84686
recipient who owes the provider an outstanding debt. If the	84687
provider intends to refuse service to a medicaid recipient who	84688
owes the provider an outstanding debt, the provider shall notify	84689
the ~~individual~~recipient of the provider's intent to refuse	84690
~~services~~service.	84691

~~(C)~~(F) In the case of a provider that is a hospital, the	84692
cost-sharing program shall permit the hospital to take action to	84693
collect a copayment by providing, at the time services are	84694
rendered to a medicaid recipient, notice that a copayment may be	84695
owed. If the hospital provides the notice and chooses not to take	84696
any further action to pursue collection of the copayment, the	84697
prohibition against waiving copayments specified in division	84698
~~(B)(3)~~(C) of this section does not apply.	84699

~~(D)~~(G) The department of ~~job and family services~~medicaid may	84700
~~work~~collaborate with a state agency that is administering,	84701
pursuant to a contract entered into under section ~~5111.91~~5162.35	84702
of the Revised Code, one or more components ~~of the medicaid~~	84703
~~program~~, or one or more aspects of a component, of the medicaid	84704
program as necessary for the state agency to apply the	84705
cost-sharing ~~program~~requirements to the components or aspects of	84706
~~the medicaid program~~a component that the state agency	84707
administers.	84708

Sec. 5162.201. (A) If the medicaid program covers the group,	84709
or any subgroup of the group, specified in section 5163.04 of the	84710
Revised Code, the cost-sharing requirements instituted under	84711
section 5162.20 of the Revised Code do not apply to any member of	84712
the group or subgroup who has countable income exceeding one	84713
hundred per cent of the federal poverty line. Instead, the	84714
department of medicaid shall institute cost-sharing requirements	84715
for such members of the group or subgroup in accordance with this	84716
section.	84717

(B) In instituting cost-sharing requirements under this	84718
section, all of the following apply:	84719

(1) The requirements shall not apply to any individual exempt	84720
from the requirements pursuant to the "Social Security Act,"	84721
sections 1916 and 1916A, 42 U.S.C. 1396o and 1396o-1.	84722

(2) The copayment amounts for drugs shall be not less than	84723
the copayment amounts for drugs established under the cost-sharing	84724
requirements instituted under section 5162.20 of the Revised Code.	84725

(3) The copayment amount for nonemergency emergency	84726
department services shall be higher than the copayment amount for	84727
nonemergency emergency department services established under the	84728
cost-sharing requirements instituted under section 5162.20 of the	84729
Revised Code;	84730

(4) Copayments shall be established for at least all other	84731
types of medicaid services that are subject to copayments included	84732
in the cost-sharing requirements instituted under section 5162.20	84733
of the Revised Code and the copayment amounts for those services	84734
may be higher than the copayment amounts for those services under	84735
the cost-sharing requirements established under that section.	84736

(C) All of the following apply to the cost-sharing	84737
requirements instituted under this section:	84738

(1) Subject to division (C)(2) of this section, a medicaid	84739
provider may refuse to provide a medicaid service to a medicaid	84740
recipient who fails to pay the copayment for the service if the	84741
recipient is subject to the copayment requirement;	84742

(2) Before refusing to provide a medicaid service under	84743
division (C)(1) of this section, a medicaid provider shall inform	84744
the medicaid recipient whether an alternative medicaid service for	84745
which there is no copayment is available;	84746

(3) A medicaid provider may attempt to collect unpaid	84747
copayments;	84748

(4) A medicaid provider shall not waive a medicaid	84749
recipient's obligation to pay a copayment;	84750

(5) In the case of a medicaid provider that is a hospital,	84751
the provider may take action to collect a copayment by providing,	84752
at the time the provider provides hospital services to a medicaid	84753
recipient subject to the copayment requirement, notice that a	84754
copayment may be owed.	84755

~~Sec. 5111.11.~~ Sec. 5162.21. (A) As used in this section and	84756
section ~~5111.111~~5162.211 of the Revised Code:	84757

(1) "Estate" includes both of the following:

84758

(a) All real and personal property and other assets to be	84759
administered under Title XXI of the Revised Code and property that	84760
would be administered under that title if not for section 2113.03	84761
or 2113.031 of the Revised Code;	84762

(b) Any other real and personal property and other assets in	84763
which an individual had any legal title or interest at the time of	84764
death (to the extent of the interest), including assets conveyed	84765
to a survivor, heir, or assign of the individual through joint	84766
tenancy, tenancy in common, survivorship, life estate, living	84767
trust, or other arrangement.	84768

(2) "Institution" means a nursing facility, ~~intermediate care~~	84769
~~facility for the mentally retarded~~ICF/IID, or a medical	84770
institution.	84771

(3) ~~"Intermediate care facility for the mentally retarded"~~	84772
~~and "nursing facility" have the same meanings as in section~~	84773
~~5111.20 of the Revised Code.~~	84774

~~(4)~~ "Permanently institutionalized individual" means an	84775
individual to whom all of the following apply:	84776

(a) Is an inpatient in an institution;

84777

(b) Is required, as a condition of the medicaid program	84778
paying for the individual's services in the institution, to spend	84779
for costs of medical or nursing care all of the individual's	84780
income except for an amount for personal needs specified by the	84781
department of ~~job and family services~~medicaid;	84782

(c) Cannot reasonably be expected to be discharged from the	84783
institution and return home as determined by the department of ~~job~~	84784
~~and family services~~medicaid.	84785

~~(5)~~(4) "Qualified state long-term care insurance partnership	84786
program" means the program established under section ~~5111.18~~	84787
5164.86 of the Revised Code.	84788

~~(6)~~(5) "Time of death" shall not be construed to mean a time	84789
after which a legal title or interest in real or personal property	84790
or other asset may pass by survivorship or other operation of law	84791
due to the death of the decedent or terminate by reason of the	84792
decedent's death.	84793

(B) To the extent permitted by federal law, the department of	84794
~~job and family services~~medicaid shall institute a medicaid estate	84795
recovery program under which the department shall, except as	84796
provided in divisions (C) and (E) of this section, and subject to	84797
division (D) of this section, do all of the following:	84798

(1) For the costs of medicaid services the medicaid program	84799
correctly paid or will pay on behalf of a permanently	84800
institutionalized individual of any age, seek adjustment or	84801
recovery from the individual's estate or on the sale of property	84802
of the individual or spouse that is subject to a lien imposed	84803
under section ~~5111.111~~5162.211 of the Revised Code;	84804

(2) For the costs of medicaid services the medicaid program	84805
correctly paid or will pay on behalf of an individual fifty-five	84806
years of age or older who is not a permanently institutionalized	84807
individual, seek adjustment or recovery from the individual's	84808
estate;	84809

(3) Seek adjustment or recovery from the estate of other	84810
individuals as permitted by federal law.	84811

(C)(1) No adjustment or recovery may be made under division	84812
(B)(1) of this section from a permanently institutionalized	84813
individual's estate or on the sale of property of a permanently	84814
institutionalized individual that is subject to a lien imposed	84815
under section ~~5111.111~~5162.211 of the Revised Code or under	84816
division (B)(2) or (3) of this section from an individual's estate	84817
while either of the following are alive:	84818

(a) The spouse of the permanently institutionalized	84819
individual or individual;	84820

(b) The son or daughter of a permanently institutionalized	84821
individual or individual if the son or daughter is under age	84822
twenty-one or, under the "Social Security Act," section 1614, 42	84823
U.S.C. 1382c, is considered blind or disabled.	84824

(2) No adjustment or recovery may be made under division	84825
(B)(1) of this section from a permanently institutionalized	84826
individual's home that is subject to a lien imposed under section	84827
~~5111.111~~5162.211 of the Revised Code while either of the	84828
following lawfully reside in the home:	84829

(a) The permanently institutionalized individual's sibling	84830
who resided in the home for at least one year immediately before	84831
the date of the permanently institutionalized individual's	84832
admission to the institution and on a continuous basis since that	84833
time;	84834

(b) The permanently institutionalized individual's son or	84835
daughter who provided care to the permanently institutionalized	84836
individual that delayed the permanently institutionalized	84837
individual's institutionalization and resided in the home for at	84838
least two years immediately before the date of the permanently	84839
institutionalized individual's admission to the institution and on	84840
a continuous basis since that time.	84841

(D) In the case of a participant of the qualified state	84842
long-term care insurance partnership program, adjustment or	84843
recovery required by this section may be reduced in accordance	84844
with rules ~~adopted under~~authorized by division (G) of this	84845
section.	84846

(E) The department shall, in accordance with procedures and	84847
criteria established in rules ~~adopted under~~authorized by division	84848
(G) of this section, waive seeking an adjustment or recovery	84849
otherwise required by this section if the medicaid director ~~of job~~	84850
~~and family services~~ determines that adjustment or recovery would	84851
work an undue hardship. The department may limit the duration of	84852
the waiver to the period during which the undue hardship exists.	84853

(F) For the purpose of determining whether an individual	84854
meets the definition of "permanently institutionalized individual"	84855
established for this section, a rebuttable presumption exists that	84856
the individual cannot reasonably be expected to be discharged from	84857
an institution and return home if either of the following is the	84858
case:	84859

(1) The individual declares that he or she does not intend to	84860
return home.	84861

(2) The individual has been an inpatient in an institution	84862
for at least six months.	84863

(G) ~~The director of job and family services shall adopt rules~~	84864
~~in accordance with Chapter 119. of the Revised Code regarding the~~	84865
~~medicaid estate recovery program, including rules that~~Rules	84866
adopted under section 5162.02 of the Revised Code shall do both of	84867
the following:	84868

(1) For the purpose of division (D) of this section and	84869
consistent with the "Social Security Act," section 1917(b)(1)(C),	84870
42 U.S.C. 1396p(b)(1)(C), provide for reducing an adjustment or	84871
recovery in the case of a participant of the qualified state	84872
long-term care insurance partnership program;	84873

(2) For the purpose of division (E) of this section and	84874
consistent with the standards specified by the United States	84875
secretary of health and human services under the "Social Security	84876
Act," section 1917(b)(3), 42 U.S.C. 1396p(b)(3), establish	84877
procedures and criteria for waiving adjustment or recovery due to	84878
an undue hardship.	84879

~~Sec. 5111.111.~~ Sec. 5162.211. (A) Except as provided in division	84880
(B) of this section and section ~~5111.12~~5162.23 of the Revised	84881
Code, no lien may be imposed against the property of an individual	84882
before the individual's death on account of medicaid services	84883
correctly paid or to be paid on the individual's behalf.	84884

(B) Except as provided in division (C) of this section, the	84885
department of ~~job and family services~~medicaid may impose a lien	84886
against the real property of a medicaid recipient who is a	84887
permanently institutionalized individual and against the real	84888
property of the recipient's spouse, including any real property	84889
that is jointly held by the recipient and spouse. The lien may be	84890
imposed on account of medicaid paid or to be paid on the	84891
recipient's behalf.	84892

(C) No lien may be imposed under division (B) of this section	84893
against the home of a medicaid recipient if any of the following	84894
lawfully resides in the home:	84895

(1) The recipient's spouse;

84896

(2) The recipient's son or daughter who is under twenty-one	84897
years of age or, under the "Social Security Act," section 1614, 42	84898
U.S.C. 1382c, considered to be blind or disabled;	84899

(3) The recipient's sibling who has an equity interest in the	84900
home and resided in the home for at least one year immediately	84901
before the date of the recipient's admission to the institution.	84902

(D) The medicaid director ~~of job and family services~~ or a	84903
person designated by the director shall sign a certificate to	84904
effectuate a lien required to be imposed under this section. The	84905
county department of job and family services shall file for	84906
recording and indexing the certificate, or a certified copy, in	84907
the real estate mortgage records in the office of the county	84908
recorder in every county in which real property of the recipient	84909
or spouse is situated. From the time of filing the certificate in	84910
the office of the county recorder, the lien attaches to all real	84911
property of the recipient or spouse described in the certificate	84912
for all amounts for which adjustment or recovery may be made under	84913
section ~~5111.11~~5162.21 of the Revised Code and, except as	84914
provided in division (E) of this section, shall remain a lien	84915
until satisfied.	84916

Upon filing the certificate in the office of the recorder,	84917
all persons are charged with notice of the lien and the rights of	84918
the department of ~~job and family services~~medicaid thereunder.	84919

The county recorder shall keep a record of every certificate	84920
filed showing its date, the time of filing, the name and residence	84921
of the recipient or spouse, and any release, waivers, or	84922
satisfaction of the lien.	84923

The priority of the lien shall be established in accordance	84924
with state and federal law.	84925

The department may waive the priority of its lien to provide	84926
for the costs of the last illness as determined by the department,	84927
administration, attorney fees, administrator fees, a sum for the	84928
payment of the costs of burial, which shall be computed by	84929
deducting from five hundred dollars whatever amount is available	84930
for the same purpose from all other sources, and a similar sum for	84931
the spouse of the decedent.	84932

(E) A lien imposed with respect to a medicaid recipient under	84933
this section shall dissolve on the recipient's discharge from the	84934
institution and return home.	84935

~~Sec. 5111.112.~~ Sec. 5162.212. The department of ~~job and family~~	84936
~~services~~medicaid shall certify amounts due under the medicaid	84937
estate recovery program instituted under section ~~5111.11~~5162.21	84938
of the Revised Code to the attorney general pursuant to section	84939
131.02 of the Revised Code. The attorney general may enter into a	84940
contract with any person or government entity to collect the	84941
amounts due on behalf of the attorney general.	84942

The attorney general, in entering into a contract under this	84943
section, shall comply with all of the requirements that must be	84944
met for the state to receive federal financial participation for	84945
the costs incurred in entering into the contract and carrying out	84946
actions under the contract. The contract may provide for the	84947
person or government entity with which the attorney general	84948
contracts to be compensated from the property recovered under the	84949
medicaid estate recovery program or may provide for another manner	84950
of compensation agreed to by the parties to the contract.	84951

Regardless of whether the attorney general collects the	84952
amounts due under the medicaid estate recovery program or	84953
contracts with a person or government entity to collect the	84954
amounts due on behalf of the attorney general, the amounts due	84955
shall be collected in accordance with applicable requirements of	84956
federal statutes and regulations and state statutes and rules.	84957

~~Sec. 5111.113.~~ Sec. 5162.22. (A) As used in this section:

84958

(1) "Commissioner" means a person appointed by a probate	84959
court under division (E) of section 2113.03 of the Revised Code to	84960
act as a commissioner.	84961

(2) "Home" has the same meaning as in section 3721.10 of the	84962
Revised Code.	84963

(3) "Personal needs allowance account" means an account or	84964
petty cash fund that holds the money of a resident of ~~an adult~~	84965
~~care~~a residential facility or home and that the facility or home	84966
manages for the resident.	84967

(4) "Residential facility" means a residential facility	84968
licensed under section ~~5119.22~~5119.34 of the Revised Code that	84969
provides accommodations, supervision, and personal care services	84970
for three to sixteen unrelated adults.	84971

(B) Except as provided in divisions (C) and (D) of this	84972
section, the owner or operator of a home or residential facility	84973
shall transfer to the department of ~~job and family services~~	84974
medicaid the money in the personal needs allowance account of a	84975
resident of the home or facility who was a medicaid recipient of	84976
~~the medical assistance program~~ no earlier than sixty days but not	84977
later than ninety days after the resident dies. The home or	84978
facility shall transfer the money even though the owner or	84979
operator of the facility or home has not been issued letters	84980
testamentary or letters of administration concerning the	84981
resident's estate.	84982

(C) If funeral or burial expenses for a resident of a home or	84983
residential facility who has died have not been paid and the only	84984
resource the resident had that could be used to pay for the	84985
expenses is the money in the resident's personal needs allowance	84986
account, or all other resources of the resident are inadequate to	84987
pay the full cost of the expenses, the money in the resident's	84988
personal needs allowance account shall be used to pay for the	84989
expenses rather than being transferred to the department of ~~job~~	84990
~~and family services~~medicaid pursuant to division (B) of this	84991
section.	84992

(D) If, not later than sixty days after a resident of a home	84993
or residential facility dies, letters testamentary or letters of	84994
administration are issued, or an application for release from	84995
administration is filed under section 2113.03 of the Revised Code,	84996
concerning the resident's estate, the owner or operator of the	84997
home or facility shall transfer the money in the resident's	84998
personal needs allowance account to the administrator, executor,	84999
commissioner, or person who filed the application for release from	85000
administration.	85001

(E) The transfer or use of money in a resident's personal	85002
needs allowance account in accordance with division (B), (C), or	85003
(D) of this section discharges and releases the home or	85004
residential facility, and the owner or operator of the home, from	85005
any claim for the money from any source.	85006

(F) If, sixty-one or more days after a resident of a home or	85007
residential facility dies, letters testamentary or letters of	85008
administration are issued, or an application for release from	85009
administration under section 2113.03 of the Revised Code is filed,	85010
concerning the resident's estate, the department of ~~job and family~~	85011
~~services~~medicaid shall transfer the funds to the administrator,	85012
executor, commissioner, or person who filed the application,	85013
unless the department is entitled to recover the money under the	85014
medicaid estate recovery program instituted under section ~~5111.11~~	85015
5162.21 of the Revised Code.	85016

~~Sec. 5111.12.~~ Sec. 5162.23. (A) The medicaid director ~~of job and~~	85017
~~family services~~ shall ~~establish~~adopt rules under ~~which~~section	85018
5162.02 of the Revised Code permitting county departments of job	85019
and family services ~~may~~to take action to recover benefits	85020
incorrectly paid on behalf of medicaid recipients ~~of medical~~	85021
~~assistance~~. The rules shall provide for recovery by the following	85022
methods:	85023

(1) Soliciting voluntary payments from recipients or from	85024
persons holding property in which a recipient has a legal or	85025
equitable interest;	85026

(2) Obtaining a lien on property pursuant to division (B) of	85027
this section.	85028

(B) A county department of job and family services may bring	85029
a civil action in a court of common pleas against a medicaid	85030
recipient ~~of medical assistance~~ for the recovery of any ~~medical~~	85031
~~assistance benefits~~medicaid payments determined by the court to	85032
have been paid incorrectly on behalf of the recipient. All persons	85033
holding property in which the recipient has a legal or equitable	85034
interest may be joined as parties. The court may issue	85035
pre-judgment orders, including injunctive relief or attachment	85036
under Chapter 2715. of the Revised Code, for the preservation of	85037
real or personal property in which the recipient may have a legal	85038
or equitable interest. If the court determines that ~~benefits~~	85039
medicaid payments were ~~paid~~made incorrectly and issues a judgment	85040
to that effect, the county department may obtain a lien upon	85041
property of the recipient in accordance with Chapter 2329. of the	85042
Revised Code.	85043

(C) The county department of job and family services shall	85044
retain fifty per cent of the balance remaining after deduction	85045
from the recovery of the amount required to be returned to the	85046
federal government and shall pay the other fifty per cent of the	85047
balance to the department of ~~job and family services~~medicaid.	85048

(D) Recovery of ~~medical assistance benefits~~medicaid payments	85049
incorrectly ~~paid to~~made on behalf of a medicaid recipient may not	85050
be accomplished by reducing the amount of benefits the recipient	85051
is entitled to receive under another government assistance	85052
program.	85053

(E) The remedies provided pursuant to this section do not	85054
affect any other remedies county departments of job and family	85055
services may have to recover benefits incorrectly paid on behalf	85056
of medicaid recipients ~~of medical assistance~~.	85057

~~Sec. 5111.121.~~ Sec. 5162.24. (A) As used in this section, "third	85058
party" has the same meaning as in section ~~5101.571~~5160.35 of the	85059
Revised Code.	85060

(B) In addition to the authority granted under section	85061
~~5101.59~~5160.38 of the Revised Code, the department of ~~job and~~	85062
~~family services~~medicaid may, to the extent necessary to reimburse	85063
its costs, garnish the wages, salary, or other employment income	85064
of, and withhold amounts from state tax refunds to, any person to	85065
whom both of the following apply:	85066

(1) The person is required by a court or administrative order	85067
to provide coverage of the cost of health care services to a child	85068
eligible for ~~medical assistance under this chapter~~medicaid.	85069

(2) The person has received payment from a third party for	85070
the costs of such services but has not used the payment to	85071
reimburse either the other parent or guardian of the child or the	85072
provider of the services.	85073

(C) Claims for current and past due child support shall take	85074
priority over claims under division (B) of this section.	85075

~~Sec. 5111.83.~~ Sec. 5162.30. (A) ~~Not later than January 1, 2012,~~	85076
~~the~~The medicaid director ~~of job and family services~~ shall ~~apply~~	85077
~~to the United States secretary of health and human services for~~	85078
~~approval of~~create a medicaid administrative claiming program	85079
under which federal financial participation is received as	85080
~~reimbursement~~ for the administrative costs incurred by the	85081
department of health and the Arthur G. James cancer hospital and	85082
Richard J. Solove research institute of the Ohio state university	85083
in analyzing and evaluating both of the following pursuant to	85084
sections 3701.261 ~~to 3701.236~~and 3701.262 of the Revised Code:	85085

(1) Cancer reports under the Ohio cancer incidence	85086
surveillance system;	85087

(2) The incidence, prevalence, costs, and medical	85088
consequences of cancer on medicaid recipients and other low-income	85089
populations.	85090

(B) The medicaid director ~~of job and family services~~ shall	85091
consult with the director of health in ~~seeking approval of~~	85092
creating the medicaid administrative claiming program. ~~The~~	85093
~~directors shall cooperate in seeking the approval to the extent~~	85094
~~they find the approval necessary for the effective and efficient~~	85095
~~administration of the medicaid program.~~	85096

Sec. 5162.31. Local funds, whether from public or private	85097
sources, expended by a county department of job and family	85098
services for administration of the healthy start component shall	85099
be considered to have been expended by the state for the purpose	85100
of determining the extent to which the state has complied with any	85101
federal requirement that the state provide funds to match federal	85102
financial participation for the medicaid program. This section	85103
does not affect the amount of funds a county is entitled to	85104
receive under sections 5101.16 and 5101.161 of the Revised Code.	85105

~~Sec. 5111.90.~~ Sec. 5162.32. ~~(A) As used in sections 5111.90 to~~	85106
~~5111.93 of the Revised Code:~~	85107

~~(1) "Political subdivision" means a municipal corporation,~~	85108
~~township, county, school district, or other body corporate and~~	85109
~~politic responsible for governmental activities only in a~~	85110
~~geographical area smaller than that of the state.~~	85111

~~(2) "State agency" means every organized body, office, or~~	85112
~~agency, other than the department of job and family services,~~	85113
~~established by the laws of the state for the exercise of any~~	85114
~~function of state government.~~	85115

~~(B) To the extent permitted by Title XIX of the "Social~~	85116
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended,~~	85117
~~and regulations adopted under that title, the~~The department of	85118
~~job and family services~~medicaid may enter into contracts with	85119
political subdivisions to use funds of the political subdivision	85120
to pay the nonfederal share of expenditures under the medicaid	85121
program. The determination and provision of federal financial	85122
~~reimbursement~~participation to a subdivision entering into a	85123
contract under this section shall be determined by the department,	85124
subject to section ~~5111.92~~5162.40 of the Revised Code~~, approval~~	85125
~~by the United States secretary of health and human services, and~~	85126
~~the availability of federal financial participation~~.	85127

~~Sec. 5111.91.~~ Sec. 5162.35. The department of ~~job and family~~	85128
~~services~~medicaid may enter into contracts with one or more other	85129
state agencies or political subdivisions to have the state agency	85130
or political subdivision administer one or more components of the	85131
medicaid program, or one or more aspects of a component, under the	85132
department's supervision. A state agency or political subdivision	85133
that enters into such a contract shall comply with the terms of	85134
the contract and any rules the medicaid director ~~of job and family~~	85135
~~services~~ has adopted governing the component, or aspect of the	85136
component, that the state agency or political subdivision is to	85137
administer, including any rules establishing review, audit, and	85138
corrective action plan requirements. A contract with a state	85139
agency shall be in the form of an interagency agreement.	85140

A state agency or political subdivision that enters into a	85141
contract with the department under this section shall reimburse	85142
the department for the nonfederal share of the cost to the	85143
department of performing, or contracting for the performance of, a	85144
fiscal audit of the component of the medicaid program, or aspect	85145
of the component, that the state agency or political subdivision	85146
administers if rules governing the component, or aspect of the	85147
component, require that a fiscal audit be conducted.	85148

~~There is hereby created in the state treasury the medicaid~~	85149
~~administrative reimbursement fund. The department shall use money~~	85150
~~in the fund to pay for the nonfederal share of the cost of a~~	85151
~~fiscal audit for which a state agency or political subdivision is~~	85152
~~required by this section to reimburse the department. The~~	85153
~~department shall deposit the reimbursements into the fund.~~	85154

~~Sec. 5111.71.~~ Sec. 5162.36. (A) ~~As used in sections 5111.71 to~~	85155
~~5111.715 of the Revised Code, "qualified medicaid school provider"~~	85156
~~means the board of education of a city, local, or exempted village~~	85157
~~school district, the governing authority of a community school~~	85158
~~established under Chapter 3314. of the Revised Code, the state~~	85159
~~school for the deaf, and the state school for the blind to which~~	85160
~~both of the following apply:~~	85161

~~(1) It holds a valid medicaid provider agreement.~~

85162

~~(2) It meets all other conditions for participation in the~~	85163
~~medicaid school component of the medicaid program established in~~	85164
~~rules adopted under section 5111.715 of the Revised Code.~~	85165

(B) The medicaid director ~~of job and family services~~ shall	85166
~~submit a state medicaid plan amendment to the United States~~	85167
~~secretary of health and human services for the purpose of creating~~	85168
create, in accordance with sections ~~5111.71~~5162.36 to ~~5111.715~~	85169
5162.364 of the Revised Code, the medicaid school component of the	85170
medicaid program. ~~The director shall create the medicaid school~~	85171
~~component on receipt of the United States secretary's approval of~~	85172
~~the amendment.~~	85173

~~Sec. 5111.711.~~ Sec. 5162.361. A qualified medicaid school provider	85174
participating in the medicaid school component of the medicaid	85175
program may submit a claim to the department of ~~job and family~~	85176
~~services~~medicaid for federal financial participation for	85177
providing, in schools, services covered by the medicaid school	85178
component to medicaid recipients who are eligible for the	85179
services. No qualified medicaid school provider may submit such a	85180
claim before the provider incurs the cost of providing the	85181
service.	85182

The claim shall include certification of the qualified	85183
medicaid school provider's expenditures for the service. The	85184
certification shall show that the money the qualified medicaid	85185
school provider used for the expenditures was nonfederal money the	85186
provider may legally use for providing the service and that the	85187
amount of the expenditures was sufficient to pay the full cost of	85188
the service.	85189

Except as otherwise provided in sections ~~5111.71~~5162.36 to	85190
~~5111.715~~5162.364 of the Revised Code and rules ~~adopted under~~	85191
authorized by sections ~~5111.713~~5162.363 and ~~5111.715~~5162.364 of	85192
the Revised Code, a qualified medicaid school provider is subject	85193
to all conditions of participation in the medicaid program that	85194
generally apply to providers of goods and services under the	85195
medicaid program, including conditions regarding audits and	85196
recovery of overpayments.	85197

~~Sec. 5111.712.~~ Sec. 5162.362. The department of ~~job and family~~	85198
~~services~~medicaid shall seek federal financial participation for	85199
each claim a qualified medicaid school provider properly submits	85200
to the department under section ~~5111.711~~5162.361 of the Revised	85201
Code. The department shall disburse the federal financial	85202
participation the department receives from the federal government	85203
for such a claim to the qualified medicaid school provider that	85204
submitted the claim. The department may not pay the qualified	85205
medicaid school provider the nonfederal share of the cost of the	85206
services for which the claim was submitted.	85207

~~Sec. 5111.713.~~ Sec. 5162.363. The department of ~~job and family~~	85208
~~services~~medicaid shall enter into an interagency agreement with	85209
the department of education under section ~~5111.91~~5162.35 of the	85210
Revised Code that provides for the department of education to	85211
administer the medicaid school component of the medicaid program	85212
other than the aspects of the component that sections ~~5111.71~~	85213
5162.36 to ~~5111.715~~5162.364 of the Revised Code require the	85214
department of ~~job and family services~~medicaid to administer. The	85215
interagency agreement may include a provision that provides for	85216
the department of education to pay to the department of ~~job and~~	85217
~~family services~~medicaid the nonfederal share of a portion of the	85218
administrative expenses the department of ~~job and family services~~	85219
medicaid incurs in administering the aspects of the component that	85220
the department of ~~job and family services~~medicaid administers.	85221

~~The~~To the extent authorized by rules authorized by section	85222
5162.021 of the Revised Code, the department of education shall	85223
establish, in rules adopted under ~~Chapter 119.~~section 5162.02 of	85224
the Revised Code, a process by which qualified medicaid school	85225
providers participating in the medicaid school component pay to	85226
the department of education the nonfederal share of the	85227
department's expenses incurred in administering the component. The	85228
rules shall be adopted in accordance with Chapter 119. of the	85229
Revised Code.	85230

~~Sec. 5111.715.~~ Sec. 5162.364. The medicaid director ~~of job and~~	85231
~~family services~~ shall adopt rules under ~~Chapter 119.~~section	85232
5162.02 of the Revised Code as necessary to implement the medicaid	85233
school component of the medicaid program, including rules that	85234
establish or specify all of the following:	85235

(A) Conditions a board of education of a city, local, or	85236
exempted school district, governing authority of a community	85237
school established under Chapter 3314. of the Revised Code, the	85238
state school for the deaf, and the state school for the blind must	85239
meet to participate in the component;	85240

(B) Services the component covers;

85241

(C) ~~Reimbursement~~Payment rates for the services the	85242
component covers.	85243

The rules shall be adopted in accordance with Chapter 119. of	85244
the Revised Code.	85245

~~Sec. 5111.911.~~ Sec. 5162.37. Any contract the department of ~~job and~~	85246
~~family services~~medicaid enters into with the department of ~~mental~~	85247
~~health or department of alcohol and drug addiction services~~mental	85248
health and addiction services under section ~~5111.91~~5162.35 of the	85249
Revised Code is subject to the approval of the director of budget	85250
and management and shall require or specify all of the following:	85251

(A) ~~In the case of a contract with the department of mental~~	85252
~~health, that~~That section ~~5111.912~~5162.371 of the Revised Code	85253
be complied with;	85254

(B) ~~In the case of a contract with the department of alcohol~~	85255
~~and drug addiction services, that section 5111.913 of the Revised~~	85256
~~Code be complied with;~~	85257

~~(C)~~ How providers will be paid for providing the services;

85258

~~(D)~~(C) The ~~department of mental health's or department of~~	85259
~~alcohol and drug addiction services'~~ responsibilities of the	85260
department of mental health and addiction services with regard to	85261
providers, including program oversight and quality assurance.	85262

~~Sec. 5111.912.~~ Sec. 5162.371. If the department of ~~job and family~~	85263
~~services~~medicaid enters into a contract with the department of	85264
~~mental health~~mental health and addiction services under section	85265
~~5111.91~~5162.35 of the Revised Code, the department of ~~job and~~	85266
~~family services~~medicaid shall pay the nonfederal share of any	85267
medicaid payment to a provider for services under the component,	85268
or aspect of the component, the department of ~~mental health~~mental	85269
health and addiction services administers. ~~If necessary, the~~	85270
~~director of job and family services shall submit a medicaid state~~	85271
~~plan amendment to the United States secretary of health and human~~	85272
~~services regarding the department of job and family services' duty~~	85273
~~under this section.~~	85274

~~Sec. 5111.92.~~ Sec. 5162.40. (A)(1) Except as provided in division	85275
(B) of this section, if a state agency or political subdivision	85276
administers one or more components of the medicaid program that	85277
the United States department of health and human services	85278
approved, and for which federal financial participation was	85279
initially obtained, prior to January 1, 2002, or administers one	85280
or more aspects of such a component, the department of ~~job and~~	85281
~~family services~~medicaid may retain or collect not more than ten	85282
per cent of the federal financial participation the state agency	85283
or political subdivision obtains through an approved,	85284
administrative claim regarding the component or aspect of the	85285
component. If the department retains or collects a percentage of	85286
such federal financial participation, the percentage the	85287
department retains or collects shall be specified in a contract	85288
the department enters into with the state agency or political	85289
subdivision under section ~~5111.91~~5162.35 of the Revised Code.	85290

(2) Except as provided in division (B) of this section, if a	85291
state agency or political subdivision administers one or more	85292
components of the medicaid program that the United States	85293
department of health and human services approved on or after	85294
January 1, 2002, or administers one or more aspects of such a	85295
component, the department of ~~job and family services~~medicaid	85296
shall retain or collect not less than three and not more than ten	85297
per cent of the federal financial participation the state agency	85298
or political subdivision obtains through an approved,	85299
administrative claim regarding the component or aspect of the	85300
component. The percentage the department retains or collects shall	85301
be specified in a contract the department enters into with the	85302
state agency or political subdivision under section ~~5111.91~~	85303
5162.35 of the Revised Code.	85304

(B) ~~The department of job and family services may retain or~~	85305
~~collect a percentage of federal financial participation under~~	85306
~~divisions (A)(1) and (2) of this section only to the extent~~	85307
~~permitted by federal statutes and regulations.~~	85308

~~(C)~~ All amounts the department retains or collects under this	85309
section shall be deposited into the health care services	85310
administration fund created under section ~~5111.94~~5162.54 of the	85311
Revised Code.	85312

~~Sec. 5111.93.~~ Sec. 5162.41. The department of ~~job and family~~	85313
~~services~~medicaid may retain or collect a percentage of the	85314
federal financial participation included in a supplemental	85315
medicaid payment to one or more medicaid providers owned or	85316
operated by a state agency or political subdivision that brings	85317
the payment to such provider or providers to the upper payment	85318
limit established by 42 C.F.R. 447.272. If the department retains	85319
or collects a percentage of that federal financial participation,	85320
the ~~department~~medicaid director shall adopt a rule under ~~Chapter~~	85321
~~119.~~section 5162.02 of the Revised Code specifying the percentage	85322
the department is to retain or collect. All amounts the department	85323
retains or collects under this section shall be deposited into the	85324
health care services administration fund created under section	85325
~~5111.94~~5162.54 of the Revised Code.	85326

~~Sec. 5111.943.~~ Sec. 5162.50. (A) The health care - federal fund is	85327
hereby created in the state treasury. All of the following shall	85328
be credited to the fund:	85329

(1) Funds that division (B) of section ~~5112.18~~5168.11 of the	85330
Revised Code requires be credited to the fund;	85331

(2) The federal share of all rebates paid by drug	85332
manufacturers to the department of ~~job and family services~~	85333
medicaid in accordance with a rebate agreement required by the	85334
"Social Security Act," section 1927, 42 U.S.C. 1396r-8;	85335

(3) The federal share of all supplemental rebates paid by	85336
drug manufacturers to the department of ~~job and family services~~	85337
medicaid in accordance with the supplemental drug rebate program	85338
established under section ~~5111.081~~5164.755 of the Revised Code;	85339

(4) Except as otherwise provided by statute or as authorized	85340
by the controlling board, the federal share of all other	85341
medicaid-related revenues, collections, and recoveries.	85342

(B) All money credited to the health care - federal fund	85343
pursuant to division (B) of section ~~5112.18~~5168.11 of the Revised	85344
Code shall be used solely for distributing funds to hospitals	85345
under section ~~5112.08~~5168.09 of the Revised Code. The department	85346
of ~~job and family services~~medicaid shall use all other money	85347
credited to the fund to pay for other medicaid services and	85348
contracts.	85349

~~Sec. 5111.941.~~ Sec. 5162.52. (A) The health care/medicaid support	85350
and recoveries fund is hereby created in the state treasury. All	85351
of the following shall be credited to the fund:	85352

(1) Except as otherwise provided by statute or as authorized	85353
by the controlling board, the nonfederal share of all	85354
medicaid-related revenues, collections, and recoveries;	85355

(2) Federal reimbursement received for payment adjustments	85356
made pursuant to ~~section 1923 of~~ the "Social Security Act," ~~101~~	85357
~~Stat. 1330-148 (1987)~~section 1923, 42 U.S.C. 1396r-4, ~~as amended,~~	85358
under the medicaid program to state mental health hospitals	85359
maintained and operated by the department of ~~mental health~~mental	85360
health and addiction services under division (A) of section	85361
~~5119.02~~5119.14 of the Revised Code;	85362

(3) Revenues the department of ~~job and family services~~	85363
medicaid receives from another state agency for medicaid services	85364
pursuant to an interagency agreement, other than such revenues	85365
required to be deposited into the health care services	85366
administration fund created under section ~~5111.94~~5162.54 of the	85367
Revised Code;	85368

(4) The first seven hundred fifty thousand dollars the	85369
department receives in a fiscal year for performing eligibility	85370
verification services necessary for compliance with the	85371
independent, certified audit requirement of 42 C.F.R. 455.304;	85372

(5) The nonfederal share of all rebates paid by drug	85373
manufacturers to the department of medicaid in accordance with a	85374
rebate agreement required by the "Social Security Act," section	85375
1927, 42 U.S.C. 1396r-8;	85376

(6) The nonfederal share of all supplemental rebates paid by	85377
drug manufacturers to the department of medicaid in accordance	85378
with the supplemental drug rebate program established under	85379
section 5164.755 of the Revised Code.	85380

(B) The department of ~~job and family services~~medicaid shall	85381
use money credited to the health care/medicaid support and	85382
recoveries fund to pay for medicaid services and contracts.	85383

~~Sec. 5111.94.~~ Sec. 5162.54. (A) ~~As used in this section, "vendor~~	85384
~~offset" means a reduction of a medicaid payment to a medicaid~~	85385
~~provider to correct a previous, incorrect medicaid payment to that~~	85386
~~provider.~~	85387

~~(B)~~ There is hereby created in the state treasury the health	85388
care services administration fund. Except as provided in division	85389
(C) of this section, all the following shall be deposited into the	85390
fund:	85391

(1) Amounts deposited into the fund pursuant to sections	85392
~~5111.92~~5162.12, 5162.40, and ~~5111.93~~5162.41 of the Revised Code;	85393

(2) The amount of the state share of all money the department	85394
of ~~job and family services, in fiscal year 2003 and each fiscal~~	85395
~~year thereafter,~~medicaid recovers each fiscal year pursuant to a	85396
tort action under the department's right of recovery under section	85397
~~5101.58~~5160.37 of the Revised Code that exceeds the state share	85398
of all money the department, in fiscal year 2002, recovers	85399
pursuant to a tort action under that right of recovery;	85400

(3) Subject to division ~~(D)~~(B) of this section, the amount of	85401
the state share of all money the department of ~~job and family~~	85402
~~services~~medicaid, in fiscal year 2003 and each fiscal year	85403
thereafter, recovers through audits of medicaid providers that	85404
exceeds the state share of all money the department, in fiscal	85405
year 2002, recovers through such audits;	85406

(4) Amounts from assessments on hospitals under section	85407
~~5112.06~~5168.06 of the Revised Code and intergovernmental	85408
transfers by governmental hospitals under section ~~5112.07~~5168.07	85409
of the Revised Code that are deposited into the fund in accordance	85410
with the law;	85411

(5) Amounts that the department of education pays to the	85412
department of ~~job and family services~~medicaid, if any, pursuant	85413
to an interagency agreement ~~entered into under~~authorized by	85414
section ~~5111.713~~5162.363 of the Revised Code;	85415

(6) The application fees charged to providers under section	85416
~~5111.063~~5164.31 of the Revised Code;	85417

(7) The fines collected under section ~~5111.271~~5165.1010 of	85418
the Revised Code;	85419

(8) Money the department receives in a fiscal year for	85420
performing eligibility verification services necessary for	85421
compliance with the independent, certified audit requirement of 42	85422
C.F.R. 455.304, other than the amounts of such money that are to	85423
be credited to the health care/medicaid support and recoveries	85424
fund under section 5162.52 of the Revised Code.	85425

~~(C) No funds shall be deposited into the health care services~~	85426
~~administration fund in violation of federal statutes or~~	85427
~~regulations.~~	85428

~~(D)~~(B) In determining under division ~~(B)~~(A)(3) of this	85429
section the amount of money the department, in a fiscal year,	85430
recovers through audits of medicaid providers, the amount	85431
recovered in the form of vendor offset shall be excluded.	85432

~~(E)~~(C) The ~~director~~department of ~~job and family services~~	85433
medicaid shall use funds available in the health care services	85434
administration fund to pay for costs associated with the	85435
administration of the medicaid program.	85436

~~Sec. 5111.945.~~ Sec. 5162.56. There is created in the state treasury	85437
the health care special activities fund. The department of ~~job and~~	85438
~~family services~~medicaid shall deposit all funds it receives	85439
pursuant to the administration of the medicaid program into the	85440
fund, other than any such funds that are required by law to be	85441
deposited into another fund. The department shall use the money in	85442
the fund to pay for expenses related to the services provided	85443
under, and the administration of, the medicaid program.	85444

~~Sec. 5111.944.~~ Sec. 5162.58. ~~(A) As used in this section:~~

85445

~~"Dual eligible individual" has the same meaning as in section~~	85446
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	85447
~~42 U.S.C. 1396n(h)(2)(B).~~	85448

~~"Dual eligible integrated care demonstration project" means~~	85449
~~the demonstration project authorized by section 5111.981 of the~~	85450
~~Revised Code.~~	85451

~~"Medicare program" means the program created under Title~~	85452
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	85453
~~1395, as amended.~~	85454

~~(B)~~ There is created in the state treasury the integrated	85455
care delivery systems fund. If the terms of the federal approval	85456
for the dual eligible integrated care demonstration project	85457
authorized by section 5164.91 of the Revised Code provide for the	85458
state to receive a portion of the amounts that the demonstration	85459
project saves the medicare program, such amounts shall be	85460
deposited into the fund. The department of ~~job and family services~~	85461
medicaid shall use the money in the fund to further develop	85462
integrated delivery systems and improved care coordination for	85463
dual eligible individuals.	85464

Sec. 5162.60. (A) There is hereby created in the state	85465
treasury the managed care performance payment fund. The fund shall	85466
consist of all of the following:	85467

(1) Amounts transferred to it by the director of budget and	85468
management for the purpose of the managed care performance payment	85469
program established under section 5167.30 of the Revised Code;	85470

(2) All fines imposed on and collected from medicaid managed	85471
care organizations for failure to meet performance standards or	85472
other requirements specified in provider agreements or rules	85473
adopted under section 5167.02 of the Revised Code;	85474

(3) All investment earnings of the fund.

85475

(B) Amounts in the fund may be used for the following:

85476

(1) To make performance payments to medicaid managed care	85477
organizations in accordance with section 5167.30 of the Revised	85478
Code;	85479

(2) To meet obligations specified in the provider agreements;

85480

(3) To pay for medicaid services provided by a medicaid	85481
managed care organization;	85482

(4) To reimburse a medicaid managed care organization that	85483
has paid a fine for failure to meet performance standards or other	85484
requirements specified in provider agreements or rules adopted	85485
under section 5167.02 of the Revised Code if that organization	85486
comes into compliance with those standards or requirements.	85487

Sec. 5162.62. There is hereby created in the state treasury	85488
the medicaid administrative reimbursement fund. The department of	85489
medicaid shall use money in the fund to pay for the nonfederal	85490
share of the cost of a fiscal audit for which a state agency or	85491
political subdivision is required by section 5162.35 of the	85492
Revised Code to reimburse the department. The department shall	85493
deposit the reimbursements into the fund.	85494

~~Sec. 5111.714.~~ Sec. 5162.64. (A) There is hereby created in the	85495
state treasury the medicaid school program administrative fund.	85496

(B) Both of the following shall be deposited into the	85497
medicaid school program administrative fund:	85498

(1) The federal funds the department of education receives	85499
for the expenses the department incurs in administering the	85500
medicaid school component of the medicaid program created under	85501
section 5162.36 of the Revised Code;	85502

(2) The money the department collects from qualified medicaid	85503
school providers in the process established in rules ~~adopted under~~	85504
authorized by section ~~5111.713~~5162.363 of the Revised Code.	85505

(C) ~~No funds shall be deposited into the medicaid school~~	85506
~~program administrative fund in violation of federal statutes or~~	85507
~~regulations.~~	85508

~~(D)~~ The department of education shall use money in the	85509
medicaid school program administrative fund for both of the	85510
following purposes:	85511

(1) Paying for the expenses the department incurs in	85512
administering the medicaid school component of the medicaid	85513
program;	85514

(2) Paying a qualified medicaid school provider a refund for	85515
any overpayment the provider makes to the department under the	85516
process established in rules ~~adopted under~~authorized by section	85517
~~5111.713~~5162.363 of the Revised Code if the process results in an	85518
overpayment.	85519

~~Sec. 5111.62.~~ Sec. 5162.66. ~~The~~As used in this section,	85520
"deficiency" has the same meaning as in section 5165.60 of the	85521
Revised Code.	85522

The proceeds of all fines, including interest, collected	85523
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	85524
Code shall be deposited in the state treasury to the credit of the	85525
residents protection fund, which is hereby created. The proceeds	85526
of all fines, including interest, collected under section 173.42	85527
of the Revised Code shall be deposited in the state treasury to	85528
the credit of the residents protection fund.	85529

Money in the fund shall be used for the protection of the	85530
health or property of residents of nursing facilities in which the	85531
department of health finds deficiencies, including payment for the	85532
costs of relocation of residents to other facilities, maintenance	85533
of operation of a facility pending correction of deficiencies or	85534
closure, and reimbursement of residents for the loss of money	85535
managed by the facility under section 3721.15 of the Revised Code.	85536
Money in the fund may also be used to make payments under section	85537
~~5111.511~~5165.78 of the Revised Code.	85538

The fund shall be maintained and administered by the	85539
department of ~~job and family services~~medicaid under rules	85540
developed in consultation with the departments of health and aging	85541
and adopted ~~by the director of job and family services~~ under	85542
~~Chapter 119.~~section 5162.02 of the Revised Code. The rules shall	85543
be adopted in accordance with Chapter 119. of the Revised Code.	85544

Sec. 5163.01. As used in this chapter:

85545

"Federal financial participation" has the same meaning as in	85546
section 5160.01 of the Revised Code.	85547

"Healthy start component" has the same meaning as in section	85548
5162.01 of the Revised Code.	85549

"Intermediate care facility for individuals with intellectual	85550
disabilities" and "ICF/IID" have the same meanings as in section	85551
5124.01 of the Revised Code.	85552

"Mandatory eligibility groups" means the groups of	85553
individuals that must be covered by the medicaid state plan as a	85554
condition of the state receiving federal financial participation	85555
for the medicaid program.	85556

"Medicaid services" has the same meaning as in section	85557
5164.01 of the Revised Code.	85558

"Nursing facility" and "nursing facility services" have the	85559
same meanings as in section 5165.01 of the Revised Code.	85560

"Optional eligibility groups" means the groups of individuals	85561
who may be covered by the medicaid state plan or a federal	85562
medicaid waiver and for whom the medicaid program receives federal	85563
financial participation.	85564

"Other medicaid-funded long-term care services" has the	85565
meaning specified in rules adopted under section 5163.02 of the	85566
Revised Code.	85567

"Supplemental security income program" means the program	85568
established by Title XVI of the "Social Security Act," 42 U.S.C.	85569
1381 et seq.	85570

~~Sec. 5111.011.~~ Sec. 5163.02. ~~(A)~~ The medicaid director ~~of job and~~	85571
~~family services~~ shall adopt rules ~~establishing~~as necessary to	85572
implement this chapter. The rules shall establish eligibility	85573
requirements for the medicaid program. The rules may establish	85574
requirements for applying for medicaid and determining and	85575
verifying eligibility for medicaid. The rules shall be adopted	85576
~~pursuant to~~in accordance with section 111.15 of the Revised Code	85577
~~and shall be consistent with federal and state law~~. ~~The rules~~	85578
~~shall include rules that do all of the following:~~	85579

(~~1) Establish standards consistent with federal law for~~	85580
~~allocating income and resources as income and resources of the~~	85581
~~spouse, children, parents, or stepparents of a recipient of or~~	85582
~~applicant for medicaid;~~	85583

~~(2) Define the term "resources" as used in division (A)(1) of~~	85584
~~this section;~~	85585

~~(3) Specify the number of months that is to be used for the~~	85586
~~purpose of the term "look-back date" used in section 5111.0116 of~~	85587
~~the Revised Code;~~	85588

~~(4) Establish processes to be used to determine both of the~~	85589
~~following:~~	85590

~~(a) The date an institutionalized individual's ineligibility~~	85591
~~for services under section 5111.0116 of the Revised Code is to~~	85592
~~begin;~~	85593

~~(b) The number of months an institutionalized individual's~~	85594
~~ineligibility for such services is to continue.~~	85595

~~(5) For the purpose of division (C) of section 5111.0116 of~~	85596
~~the Revised Code, establish procedures for granting waivers of all~~	85597
~~or a portion of the period of ineligibility that an~~	85598
~~institutionalized individual would otherwise be subject to under~~	85599
~~that section and additional reasons for which such waivers may be~~	85600
~~granted;~~	85601

~~(6) Define the term "other medicaid-funded long-term care~~	85602
~~services" as used in sections 5111.0117 and 5111.0118 of the~~	85603
~~Revised Code;~~	85604

~~(7) For the purpose of division (C)(2)(c) of section~~	85605
~~5111.0117 of the Revised Code, establish the process to determine~~	85606
~~whether the child of an aged, blind, or disabled individual is~~	85607
~~financially dependent on the individual for housing.~~	85608

~~(B)~~ Notwithstanding any provision of state law, including	85609
statutes, administrative rules, common law, and court rules,	85610
regarding real or personal property or domestic relations, the	85611
standards established under rules adopted under ~~division (A)(1) of~~	85612
this section shall be used to determine eligibility for medicaid.	85613

Sec. 5163.03. (A) Subject to sections 5163.04 and 5163.05 of	85614
the Revised Code, the medicaid program shall cover all mandatory	85615
eligibility groups.	85616

(B) The medicaid program may cover optional eligibility	85617
groups.	85618

Sec. 5163.04. Subject to section 5163.041 of the Revised	85619
Code, the medicaid program may cover the group, or one or more	85620
subgroups of the group, described in the "Social Security Act,"	85621
section 1902(a)(10)(A)(i)(VIII), 42 U.S.C.	85622
1396a(a)(10)(A)(i)(VIII), if the federal medical assistance	85623
percentage for expenditures for medicaid services provided to the	85624
group or subgroup is at least the amount specified in the "Social	85625
Security Act," section 1905(y), 42 U.S.C. 1396d(y), as of March	85626
30, 2010.	85627

Sec. 5163.041. (A) The medicaid program shall cease to cover	85628
the group, and any subgroup of the group, specified in section	85629
5163.04 of the Revised Code if the federal medical assistance	85630
percentage for expenditures for medicaid services provided to the	85631
group or subgroup is lowered to an amount below the amount	85632
specified in the "Social Security Act," section 1905(y), 42 U.S.C.	85633
1396d(y), as of March 30, 2010. If the medicaid program ceases to	85634
cover the group, or any subgroup of the group pursuant to this	85635
division, each individual enrolled in medicaid as part of the	85636
group or subgroup shall be disenrolled from medicaid on the first	85637
day of the month following the effective date of the federal	85638
medical assistance percentage's reduction unless the individual	85639
meets the eligibility requirements for another eligibility group	85640
or subgroup.	85641

(B)(1) If federal law or the United States department of	85642
health and human services requires the state to reduce or	85643
eliminate any tax, the medicaid director may do either of the	85644
following regarding the eligibility group, and any subgroup of the	85645
group, specified in section 5163.04 of the Revised Code:	85646

(a) Terminate the medicaid program's coverage of the	85647
eligibility group or subgroup;	85648

(b) Alter the eligibility requirements for the group or	85649
subgroup in a manner that causes fewer individuals to meet the	85650
eligibility requirements.	85651

(2) If the medicaid director terminates the medicaid	85652
program's coverage of the group or subgroup pursuant to division	85653
(B)(1)(a) of this section, each individual enrolled in medicaid as	85654
part of the group or subgroup shall be disenrolled from medicaid	85655
on a date the director specifies unless the individual meets the	85656
eligibility requirements for another eligibility group or	85657
subgroup.	85658

(3) If the medicaid director alters the group's or subgroup's	85659
eligibility requirements pursuant to division (B)(1)(b) of this	85660
section, each individual enrolled in medicaid as part of the group	85661
or subgroup shall be disenrolled from medicaid on a date the	85662
director specifies unless the individual meets the altered	85663
eligibility requirements or meets the eligibility requirements for	85664
another eligibility group or subgroup.	85665

(C) Notwithstanding section 5160.31 of the Revised Code, an	85666
individual's disenrollment from medicaid pursuant to this section	85667
is not subject to appeal under that section.	85668

Sec. 5163.05. The medicaid program's eligibility	85669
requirements for aged, blind, and disabled individuals may be more	85670
restrictive than the eligibility requirements for the supplemental	85671
security income program. Any such more restrictive eligibility	85672
requirements shall be consistent with the 209(b) option described	85673
in the "Social Security Act," section 1902(f), 42 U.S.C. 1396a(f).	85674

Sec. 5163.06. Beginning January 1, 2014, the medicaid	85675
director may alter the eligibility requirements for, and terminate	85676
the medicaid program's coverage of, one or more optional	85677
eligibility groups or subgroups, including the following:	85678

(A) Children placed with adoptive parents who may be covered	85679
by medicaid pursuant to the "Social Security Act," section	85680
1902(a)(10)(A)(ii)(VIII), 42 U.S.C. 1396a(a)(10)(A)(ii)(VIII);	85681

(B) Low income women and children who may be covered by	85682
medicaid pursuant to the "Social Security Act," section	85683
1902(a)(10)(A)(ii)(IX), 42 U.S.C. 1396a(a)(10)(A)(ii)(IX);	85684

(C) Employed individuals with disabilities who may be covered	85685
by medicaid pursuant to the "Social Security Act," section	85686
1902(a)(10)(A)(ii)(XV), 42 U.S.C. 1396a(a)(10)(A)(ii)(XV);	85687

(D) Employed individuals with medically improved disabilities	85688
who may be covered by medicaid pursuant to the "Social Security	85689
Act," section 1902(a)(10)(A)(ii)(XVI), 42 U.S.C.	85690
1396a(a)(10)(A)(ii)(XVI);	85691

(E) Independent foster care adolescents who may be covered by	85692
medicaid pursuant to the "Social Security Act," section	85693
1902(a)(10)(A)(ii)(XVII), 42 U.S.C. 1396a(a)(10)(A)(ii)(XVII);	85694

(F) Women in need of treatment for breast or cervical cancer	85695
who may be covered by medicaid pursuant to the "Social Security	85696
Act," section 1902(a)(10)(A)(ii)(XVIII), 42 U.S.C.	85697
1396a(a)(10)(A)(ii)(XVIII);	85698

(G) Low income, nonpregnant individuals who may receive	85699
family planning services and supplies under medicaid pursuant to	85700
the "Social Security Act," section 1902(a)(10)(A)(ii)(XXI), 42	85701
U.S.C. 1396a(a)(10)(A)(ii)(XXI);	85702

(H) Pregnant women who may be determined presumptively	85703
eligible for medicaid pursuant to the "Social Security Act,"	85704
section 1920, 42 U.S.C. 1396r-1;	85705

(I) Children who may be determined presumptively eligible for	85706
medicaid pursuant to the "Social Security Act," section 1920A, 42	85707
U.S.C. 1396r-1a;	85708

(J) Low income parents who may be covered by medicaid	85709
pursuant to the "Social Security Act," section 1931, 42 U.S.C.	85710
1396u-1.	85711

Sec. 5163.061. If the medicaid director alters the	85712
eligibility requirements for, or terminates the medicaid program's	85713
coverage of, an optional eligibility group or subgroup pursuant to	85714
section 5163.06 of the Revised Code, all of the following apply:	85715

(A) In the case of an optional eligibility group or subgroup	85716
for which the eligibility requirements are altered:	85717

(1) No individual enrolled, before the effective date of the	85718
altered eligibility requirements, in medicaid as part of the group	85719
or subgroup shall remain enrolled in medicaid on and after that	85720
effective date unless the individual meets the altered eligibility	85721
requirements for the group or subgroup or meets the eligibility	85722
requirements for another eligibility group or subgroup.	85723

(2) Beginning on the effective date of the altered	85724
eligibility requirements, no individual may enroll in medicaid as	85725
part of the group or subgroup unless the individual meets the	85726
altered eligibility requirements for the group or subgroup or	85727
meets the eligibility requirements for another eligibility group	85728
or subgroup.	85729

(B) In the case of an optional eligibility group or subgroup	85730
whose medicaid coverage is terminated:	85731

(1) No individual enrolled, before the effective date of the	85732
termination, in medicaid as part of the group or subgroup shall	85733
remain enrolled in medicaid on and after that effective date	85734
unless the individual meets the eligibility requirements for	85735
another eligibility group or subgroup.	85736

(2) Beginning on the effective date of the termination, no	85737
individual may enroll in medicaid as part of the group or subgroup	85738
but may enroll in medicaid as part of another group or subgroup	85739
for which the individual meets the eligibility requirements.	85740

(C) The department of medicaid shall take actions as the	85741
department determines necessary, including requiring actions from	85742
county departments of job and family services, to do both of the	85743
following:	85744

(1) Inform medicaid recipients about the altered eligibility	85745
requirements or termination of the medicaid program's coverage of	85746
the group or subgroup;	85747

(2) In the case of medicaid recipients who will cease to be	85748
eligible for medicaid as part of the group or subgroup because of	85749
the altered eligibility requirements or termination of the group's	85750
or subgroup's coverage, offer to assist the recipients with the	85751
following:	85752

(a) To continue to be enrolled in medicaid as part of another	85753
eligibility group or subgroup for which they meet the eligibility	85754
requirements;	85755

(b) Transition to other health coverage options available to	85756
them.	85757

(D) Regarding appeals authorized by section 5160.31 of the	85758
Revised Code:	85759

(1) No individual may appeal a denial of medicaid eligibility	85760
as part of a group or subgroup whose medicaid coverage is	85761
terminated if the denial is for medicaid eligibility that would	85762
begin or continue on or after the effective date of the	85763
termination.	85764

(2) An individual may initiate or continue, on or after the	85765
effective date of the termination, an appeal concerning the	85766
individual's eligibility for medicaid as part of the group or	85767
subgroup if the decision being appealed concerns the individual's	85768
eligibility for medicaid as part of the group or subgroup before	85769
the effective date of the termination.	85770

(3) An appeal initiated or continued pursuant to division	85771
(D)(2) of this section may not result in the appellant being	85772
enrolled, or continuing to be enrolled, in medicaid as part of the	85773
group or subgroup on or after the effective date of the	85774
termination.	85775

(E) The altered eligibility requirements or termination of	85776
the medicaid program's coverage of the group or subgroup has no	85777
effect on either of the following:	85778

(1) An automatic right of recovery given under section	85779
5160.37 of the Revised Code;	85780

(2) An automatic assignment of rights under section 5160.38	85781
of the Revised Code.	85782

(F) All rules, standards, guidelines, or orders regarding the	85783
group or subgroup issued by the medicaid director before the	85784
effective date of the altered eligibility requirements or	85785
termination of the medicaid program's coverage of the group or	85786
subgroup shall be used for the purpose of determining the state's	85787
legal obligations for claims related to the group or subgroup that	85788
arise from any of the following:	85789

(1) Eligibility determinations regarding enrollment in	85790
medicaid before that effective date;	85791

(2) Claims for payment for medicaid services provided before	85792
that effective date;	85793

(3) Recoveries of erroneous medicaid payments.

85794

~~Sec. 5111.15.~~ Sec. 5163.20. If a medicaid recipient ~~of medical~~	85795
~~assistance~~ is the beneficiary of a trust created pursuant to	85796
section 5815.28 of the Revised Code, then, notwithstanding any	85797
contrary provision of this chapter or of a rule adopted ~~pursuant~~	85798
~~to this chapter~~under section 5163.02 of the Revised Code,	85799
divisions (C) and (D) of that section shall apply in determining	85800
the assets or resources of the recipient, the recipient's estate,	85801
the settlor, or the settlor's estate and to claims arising under	85802
this chapter against the recipient, the recipient's estate, the	85803
settlor, or the settlor's estate.	85804

~~Sec. 5111.151.~~ Sec. 5163.21. (A)(1) This section applies only to	85805
either of the following:	85806

(a) Initial eligibility determinations for the medicaid	85807
program ~~made by the department of job and family services pursuant~~	85808
~~to section 5101.47 of the Revised Code or by a county department~~	85809
~~of job and family services pursuant to section 5111.012 of the~~	85810
~~Revised Code~~;	85811

(b) An appeal from aan initial eligibility determination	85812
~~described in division (A)(1)(a) of this section~~ pursuant to	85813
section ~~5101.35~~5160.31 of the Revised Code.	85814

(2)(a) Except as provided in division (A)(2)(b) of this	85815
section, this section shall not be used by a court to determine	85816
the effect of a trust on an individual's initial eligibility for	85817
the medicaid program.	85818

(b) The prohibition in division (A)(2)(a) of this section	85819
does not apply to an appeal described in division (A)(1)(b) of	85820
this section.	85821

(B) As used in this section:

85822

(1) "Trust" means any arrangement in which a grantor	85823
transfers real or personal property to a trust with the intention	85824
that it be held, managed, or administered by at least one trustee	85825
for the benefit of the grantor or beneficiaries. "Trust" includes	85826
any legal instrument or device similar to a trust.	85827

(2) "Legal instrument or device similar to a trust" includes,	85828
but is not limited to, escrow accounts, investment accounts,	85829
partnerships, contracts, and other similar arrangements that are	85830
not called trusts under state law but are similar to a trust and	85831
to which all of the following apply:	85832

(a) The property in the trust is held, managed, retained, or	85833
administered by a trustee.	85834

(b) The trustee has an equitable, legal, or fiduciary duty to	85835
hold, manage, retain, or administer the property for the benefit	85836
of the beneficiary.	85837

(c) The trustee holds identifiable property for the	85838
beneficiary.	85839

(3) "Grantor" is a person who creates a trust, including all	85840
of the following:	85841

(a) An individual;

85842

(b) An individual's spouse;

85843

(c) A person, including a court or administrative body, with	85844
legal authority to act in place of or on behalf of an individual	85845
or an individual's spouse;	85846

(d) A person, including a court or administrative body, that	85847
acts at the direction or on request of an individual or the	85848
individual's spouse.	85849

(4) "Beneficiary" is a person or persons, including a	85850
grantor, who benefits in some way from a trust.	85851

(5) "Trustee" is a person who manages a trust's principal and	85852
income for the benefit of the beneficiaries.	85853

(6) "Person" has the same meaning as in section 1.59 of the	85854
Revised Code and includes an individual, corporation, business	85855
trust, estate, trust, partnership, and association.	85856

(7) "Applicant" is an individual who applies for medicaid or	85857
the individual's spouse.	85858

(8) "Recipient" is an individual who receives medicaid or the	85859
individual's spouse.	85860

(9) "Revocable trust" is a trust that can be revoked by the	85861
grantor or the beneficiary, including all of the following, even	85862
if the terms of the trust state that it is irrevocable:	85863

(a) A trust that provides that the trust can be terminated	85864
only by a court;	85865

(b) A trust that terminates on the happening of an event, but	85866
only if the event occurs at the direction or control of the	85867
grantor, beneficiary, or trustee.	85868

(10) "Irrevocable trust" is a trust that cannot be revoked by	85869
the grantor or terminated by a court and that terminates only on	85870
the occurrence of an event outside of the control or direction of	85871
the beneficiary or grantor.	85872

(11) "Payment" is any disbursal from the principal or income	85873
of the trust, including actual cash, noncash or property	85874
disbursements, or the right to use and occupy real property.	85875

(12) "Payments to or for the benefit of the applicant or	85876
recipient" is a payment to any person resulting in a direct or	85877
indirect benefit to the applicant or recipient.	85878

(13) "Testamentary trust" is a trust that is established by a	85879
will and does not take effect until after the death of the person	85880
who created the trust.	85881

(C)(1) If an applicant or recipient is a beneficiary of a	85882
trust, the applicant or recipient shall submit a complete copy of	85883
the trust instrument to the county department of job and family	85884
services and the department of medicaid. A copy shall be	85885
considered complete if it contains all pages of the trust	85886
instrument and all schedules, attachments, and accounting	85887
statements referenced in or associated with the trust. The copy is	85888
confidential and is not subject to disclosure under section 149.43	85889
of the Revised Code.	85890

(2) On receipt of a copy of a trust instrument or otherwise	85891
determining that an applicant or recipient is a beneficiary of a	85892
trust, the county department of job and family services shall	85893
determine what type of trust it is and shall treat the trust in	85894
accordance with the appropriate provisions of this section and	85895
rules adopted ~~by the department of job and family services~~under	85896
section 5163.02 of the Revised Code governing trusts. The county	85897
department of job and family services may determine that any of	85898
the following is the case regarding the trust or portion of the	85899
trust:	85900

(a) IsIt is a resource available to the applicant or	85901
recipient;	85902

(b) ~~Contains~~It contains income available to the applicant or	85903
recipient;	85904

(c) ~~Constitutes both items described in divisions~~Divisions	85905
(C)~~(1)~~(2)(a) and (b) of this section are both applicable;	85906

(d) ~~Is neither an item described in~~Neither division	85907
(C)~~(1)~~(2)(a) nor ~~(C)(1)~~(b) of this section is applicable.	85908

~~(2)~~(3) Except as provided in division (F) of this section, a	85909
trust or portion of a trust that is a resource available to the	85910
applicant or recipient or contains income available to the	85911
applicant or recipient shall be counted for purposes of	85912
determining medicaid eligibility.	85913

(D)(1) A trust or legal instrument or device similar to a	85914
trust shall be considered a medicaid qualifying trust if all of	85915
the following apply:	85916

(a) The trust was established on or prior to August 10, 1993.

85917

(b) The trust was not established by a will.

85918

85919

(d) The applicant or recipient is or may become the	85920
beneficiary of all or part of the trust.	85921

(e) Payment from the trust is determined by one or more	85922
trustees who are permitted to exercise any discretion with respect	85923
to the distribution to the applicant or recipient.	85924

(2) If a trust meets the requirement of division (D)(1) of	85925
this section, the amount of the trust that is considered by the	85926
county department of job and family services to be a resource	85927
available to the applicant or recipient shall be the maximum	85928
amount of payments permitted under the terms of the trust to be	85929
distributed to the applicant or recipient, assuming the full	85930
exercise of discretion by the trustee or trustees. The maximum	85931
amount shall include only amounts that are permitted to be	85932
distributed but are not distributed from either the income or	85933
principal of the trust.	85934

(3) Amounts that are actually distributed from a medicaid	85935
qualifying trust to a beneficiary for any purpose shall be treated	85936
in accordance with rules adopted ~~by the department of job and~~	85937
~~family services~~under section 5163.02 of the Revised Code	85938
governing income.	85939

(4) Availability of a medicaid qualifying trust shall be	85940
considered without regard to any of the following:	85941

(a) Whether or not the trust is irrevocable or was	85942
established for purposes other than to enable a grantor to qualify	85943
for medicaid~~, medical assistance for covered families and~~	85944
~~children, or as a qualified medicare beneficiary, specified~~	85945
~~low-income medicare beneficiary, qualifying individual-1, or~~	85946
~~qualifying individual-2~~;	85947

(b) Whether or not the trustee actually exercises discretion.

85948

(5) If any real or personal property is transferred to a	85949
medicaid qualifying trust that is not distributable to the	85950
applicant or recipient, the transfer shall be considered an	85951
improper disposition of assets and shall be subject to section	85952
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	85953
section adopted under section ~~5111.011~~5163.02 of the Revised	85954
Code.	85955

(6) The baseline date for the look-back period for	85956
disposition of assets involving a medicaid qualifying trust shall	85957
be the date on which the applicant or recipient is both	85958
institutionalized and first applies for medicaid.	85959

(E)(1) A trust or legal instrument or device similar to a	85960
trust shall be considered a self-settled trust if all of the	85961
following apply:	85962

(a) The trust was established on or after August 11, 1993.

85963

(b) The trust was not established by a will.

85964

(c) The trust was established by an applicant or recipient,	85965
spouse of an applicant or recipient, or a person, including a	85966
court or administrative body, with legal authority to act in place	85967
of or on behalf of an applicant, recipient, or spouse, or acting	85968
at the direction or on request of an applicant, recipient, or	85969
spouse.	85970

(2) A trust that meets the requirements of division (E)(1) of	85971
this section and is a revocable trust shall be treated by the	85972
county department of job and family services as follows:	85973

(a) The corpus of the trust shall be considered a resource	85974
available to the applicant or recipient.	85975

(b) Payments from the trust to or for the benefit of the	85976
applicant or recipient shall be considered unearned income of the	85977
applicant or recipient.	85978

(c) Any other payments from the trust shall be considered an	85979
improper disposition of assets and shall be subject to section	85980
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	85981
section adopted under section ~~5111.011~~5163.02 of the Revised	85982
Code.	85983

(3) A trust that meets the requirements of division (E)(1) of	85984
this section and is an irrevocable trust shall be treated by the	85985
county department of job and family services as follows:	85986

(a) If there are any circumstances under which payment from	85987
the trust could be made to or for the benefit of the applicant or	85988
recipient, including a payment that can be made only in the	85989
future, the portion from which payments could be made shall be	85990
considered a resource available to the applicant or recipient. The	85991
county department of job and family services shall not take into	85992
account when payments can be made.	85993

(b) Any payment that is actually made to or for the benefit	85994
of the applicant or recipient from either the corpus or income	85995
shall be considered unearned income.	85996

(c) If a payment is made to someone other than to the	85997
applicant or recipient and the payment is not for the benefit of	85998
the applicant or recipient, the payment shall be considered an	85999
improper disposition of assets and shall be subject to section	86000
~~5111.0116~~5163.30 of the Revised Code and rules to implement that	86001
section adopted under section ~~5111.011~~5163.02 of the Revised	86002
Code.	86003

(d) The date of the disposition shall be the later of the	86004
date of establishment of the trust or the date of the occurrence	86005
of the event.	86006

(e) When determining the value of the disposed asset under	86007
this provision, the value of the trust shall be its value on the	86008
date payment to the applicant or recipient was foreclosed.	86009

(f) Any income earned or other resources added subsequent to	86010
the foreclosure date shall be added to the total value of the	86011
trust.	86012

(g) Any payments to or for the benefit of the applicant or	86013
recipient after the foreclosure date but prior to the application	86014
date shall be subtracted from the total value. Any other payments	86015
shall not be subtracted from the value.	86016

(h) Any addition of assets after the foreclosure date shall	86017
be considered a separate disposition.	86018

(4) If a trust is funded with assets of another person or	86019
persons in addition to assets of the applicant or recipient, the	86020
applicable provisions of this section and rules adopted ~~by the~~	86021
~~department of job and family services~~under section 5163.02 of the	86022
Revised Code governing trusts shall apply only to the portion of	86023
the trust attributable to the applicant or recipient.	86024

(5) The availability of a self-settled trust shall be	86025
considered without regard to any of the following:	86026

(a) The purpose for which the trust is established;

86027

(b) Whether the trustees have exercised or may exercise	86028
discretion under the trust;	86029

(c) Any restrictions on when or whether distributions may be	86030
made from the trust;	86031

(d) Any restrictions on the use of distributions from the	86032
trust.	86033

(6) The baseline date for the look-back period for	86034
dispositions of assets involving a self-settled trust shall be the	86035
date on which the applicant or recipient is both institutionalized	86036
and first applies for medicaid.	86037

(F) The principal or income from any of the following shall	86038
not be a resource available to the applicant or recipient:	86039

(1)(a) A special needs trust that meets all of the following	86040
requirements:	86041

(i) The trust contains assets of an applicant or recipient	86042
under sixty-five years of age and may contain the assets of other	86043
individuals.	86044

(ii) The applicant or recipient is disabled as defined in	86045
rules adopted ~~by the department of job and family services~~under	86046
section 5163.02 of the Revised Code.	86047

(iii) The trust is established for the benefit of the	86048
applicant or recipient by a parent, grandparent, legal guardian,	86049
or a court.	86050

(iv) The trust requires that on the death of the applicant or	86051
recipient the state will receive all amounts remaining in the	86052
trust up to an amount equal to the total amount of medicaid ~~paid~~	86053
payments made on behalf of the applicant or recipient.	86054

(b) If a special needs trust meets the requirements of	86055
division (F)(1)(a) of this section and has been established for a	86056
disabled applicant or recipient under sixty-five years of age, the	86057
exemption for the trust granted pursuant to division (F) of this	86058
section shall continue after the disabled applicant or recipient	86059
becomes sixty-five years of age if the applicant or recipient	86060
continues to be disabled as defined in rules adopted ~~by the~~	86061
~~department of job and family services~~under section 5163.02 of the	86062
Revised Code. Except for income earned by the trust, the grantor	86063
shall not add to or otherwise augment the trust after the	86064
applicant or recipient attains sixty-five years of age. An	86065
addition or augmentation of the trust by the applicant or	86066
recipient with the applicant's own assets after the applicant or	86067
recipient attains sixty-five years of age shall be treated as an	86068
improper disposition of assets.	86069

(c) Cash distributions to the applicant or recipient shall be	86070
counted as unearned income. All other distributions from the trust	86071
shall be treated as provided in rules adopted ~~by the department of~~	86072
~~job and family services~~under section 5163.02 of the Revised Code	86073
governing in-kind income.	86074

(d) Transfers of assets to a special needs trust shall not be	86075
treated as an improper transfer of resources. An asset held prior	86076
to the transfer to the trust shall be considered as a resource	86077
available to the applicant or recipient, income available to the	86078
applicant or recipient, or both a resource and income available to	86079
the individual.	86080

(2)(a) A qualifying income trust that meets all of the	86081
following requirements:	86082

(i) The trust is composed only of pension, social security,	86083
and other income to the applicant or recipient, including	86084
accumulated interest in the trust.	86085

(ii) The income is received by the individual and the right	86086
to receive the income is not assigned or transferred to the trust.	86087

(iii) The trust requires that on the death of the applicant	86088
or recipient the state will receive all amounts remaining in the	86089
trust up to an amount equal to the total amount of medicaid ~~paid~~	86090
payments made on behalf of the applicant or recipient.	86091

(b) No resources shall be used to establish or augment the	86092
trust.	86093

(c) If an applicant or recipient has irrevocably transferred	86094
or assigned the applicant's or recipient's right to receive income	86095
to the trust, the trust shall not be considered a qualifying	86096
income trust by the county department of job and family services.	86097

(d) Income placed in a qualifying income trust shall not be	86098
counted in determining an applicant's or recipient's eligibility	86099
for medicaid. The recipient of the funds may place any income	86100
directly into a qualifying income trust without those funds	86101
adversely affecting the applicant's or recipient's eligibility for	86102
medicaid. Income generated by the trust that remains in the trust	86103
shall not be considered as income to the applicant or recipient.	86104

(e) All income placed in a qualifying income trust shall be	86105
combined with any income available to the individual that is not	86106
placed in the trust to arrive at a base income figure to be used	86107
for spend down calculations.	86108

(f) The base income figure shall be used for post-eligibility	86109
deductions, including personal needs allowance, monthly income	86110
allowance, family allowance, and medical expenses not subject to	86111
third party payment. Any income remaining shall be used toward	86112
payment of patient liability. Payments made from a qualifying	86113
income trust shall not be combined with the base income figure for	86114
post-eligibility calculations.	86115

(g) The base income figure shall be used when determining the	86116
spend down budget for the applicant or recipient. Any income	86117
remaining after allowable deductions are permitted as provided	86118
under rules adopted ~~by the department of job and family services~~	86119
under section 5163.02 of the Revised Code shall be considered the	86120
applicant's or recipient's spend down liability.	86121

(3)(a) A pooled trust that meets all of the following	86122
requirements:	86123

(i) The trust contains the assets of the applicant or	86124
recipient of any age who is disabled as defined in rules adopted	86125
~~by the department of job and family services~~under section 5163.02	86126
of the Revised Code.	86127

(ii) The trust is established and managed by a nonprofit	86128
organization.	86129

(iii) A separate account is maintained for each beneficiary	86130
of the trust but, for purposes of investment and management of	86131
funds, the trust pools the funds in these accounts.	86132

(iv) Accounts in the trust are established by the applicant	86133
or recipient, the applicant's or recipient's parent, grandparent,	86134
or legal guardian, or a court solely for the benefit of	86135
individuals who are disabled.	86136

(v) The trust requires that, to the extent that any amounts	86137
remaining in the beneficiary's account on the death of the	86138
beneficiary are not retained by the trust, the trust pay to the	86139
state the amounts remaining in the trust up to an amount equal to	86140
the total amount of medicaid ~~paid~~payments made on behalf of the	86141
beneficiary.	86142

(b) Cash distributions to the applicant or recipient shall be	86143
counted as unearned income. All other distributions from the trust	86144
shall be treated as provided in rules adopted ~~by the department of~~	86145
~~job and family services~~under section 5163.02 of the Revised Code	86146
governing in-kind income.	86147

(c) Transfers of assets to a pooled trust shall not be	86148
treated as an improper disposition of assets. An asset held prior	86149
to the transfer to the trust shall be considered as a resource	86150
available to the applicant or recipient, income available to the	86151
applicant or recipient, or both a resource and income available to	86152
the applicant or recipient.	86153

(4) A supplemental services trust that meets the requirements	86154
of section 5815.28 of the Revised Code and to which all of the	86155
following apply:	86156

(a) A person may establish a supplemental services trust	86157
pursuant to section 5815.28 of the Revised Code only for another	86158
person who is eligible to receive services through one of the	86159
following agencies:	86160

(i) The department of developmental disabilities;

86161

(ii) A county board of developmental disabilities;

86162

(iii) The department of ~~mental health~~mental health and	86163
addiction services;	86164

(iv) A board of alcohol, drug addiction, and mental health	86165
services.	86166

(b) A county department of job and family services shall not	86167
determine eligibility for another agency's program. An applicant	86168
or recipient shall do one of the following:	86169

(i) Provide documentation from one of the agencies listed in	86170
division (F)(4)(a) of this section that establishes that the	86171
applicant or recipient was determined to be eligible for services	86172
from the agency at the time of the creation of the trust;	86173

(ii) Provide an order from a court of competent jurisdiction	86174
that states that the applicant or recipient was eligible for	86175
services from one of the agencies listed in division (F)(4)(a) of	86176
this section at the time of the creation of the trust.	86177

(c) At the time the trust is created, the trust principal	86178
does not exceed the maximum amount permitted. The maximum amount	86179
permitted in calendar year 2006 is two hundred twenty-two thousand	86180
dollars. Each year thereafter, the maximum amount permitted is the	86181
prior year's amount plus two thousand dollars.	86182

(d) A county department of job and family services shall	86183
review the trust to determine whether it complies with the	86184
provisions of section 5815.28 of the Revised Code.	86185

(e) Payments from supplemental services trusts shall be	86186
exempt as long as the payments are for supplemental services as	86187
defined in rules adopted ~~by the department of job and family~~	86188
~~services~~under section 5163.02 of the Revised Code. All	86189
supplemental services shall be purchased by the trustee and shall	86190
not be purchased through direct cash payments to the beneficiary.	86191

(f) If a trust is represented as a supplemental services	86192
trust and a county department of job and family services	86193
determines that the trust does not meet the requirements provided	86194
in division (F)(4) of this section and section 5815.28 of the	86195
Revised Code, the county department of job and family services	86196
shall not consider it an exempt trust.	86197

(G)(1) A trust or legal instrument or device similar to a	86198
trust shall be considered a trust established by an individual for	86199
the benefit of the applicant or recipient if all of the following	86200
apply:	86201

(a) The trust is created by a person other than the applicant	86202
or recipient.	86203

(b) The trust names the applicant or recipient as a	86204
beneficiary.	86205

(c) The trust is funded with assets or property in which the	86206
applicant or recipient has never held an ownership interest prior	86207
to the establishment of the trust.	86208

(2) Any portion of a trust that meets the requirements of	86209
division (G)(1) of this section shall be a resource available to	86210
the applicant or recipient only if the trust permits the trustee	86211
to expend principal, corpus, or assets of the trust for the	86212
applicant's or recipient's medical care, care, comfort,	86213
maintenance, health, welfare, general well being, or any	86214
combination of these purposes.	86215

(3) A trust that meets the requirements of division (G)(1) of	86216
this section shall be considered a resource available to the	86217
applicant or recipient even if the trust contains any of the	86218
following types of provisions:	86219

(a) A provision that prohibits the trustee from making	86220
payments that would supplant or replace medicaid or other public	86221
assistance;	86222

(b) A provision that prohibits the trustee from making	86223
payments that would impact or have an effect on the applicant's or	86224
recipient's right, ability, or opportunity to receive medicaid or	86225
other public assistance;	86226

(c) A provision that attempts to prevent the trust or its	86227
corpus or principal from being a resource available to the	86228
applicant or recipient.	86229

(4) A trust that meets the requirements of division (G)(1) of	86230
this section shall not be counted as a resource available to the	86231
applicant or recipient if at least one of the following	86232
circumstances applies:	86233

(a) If a trust contains a clear statement requiring the	86234
trustee to preserve a portion of the trust for another beneficiary	86235
or remainderman, that portion of the trust shall not be counted as	86236
a resource available to the applicant or recipient. Terms of a	86237
trust that grant discretion to preserve a portion of the trust	86238
shall not qualify as a clear statement requiring the trustee to	86239
preserve a portion of the trust.	86240

(b) If a trust contains a clear statement requiring the	86241
trustee to use a portion of the trust for a purpose other than	86242
medical care, care, comfort, maintenance, welfare, or general well	86243
being of the applicant or recipient, that portion of the trust	86244
shall not be counted as a resource available to the applicant or	86245
recipient. Terms of a trust that grant discretion to limit the use	86246
of a portion of the trust shall not qualify as a clear statement	86247
requiring the trustee to use a portion of the trust for a	86248
particular purpose.	86249

(c) If a trust contains a clear statement limiting the	86250
trustee to making fixed periodic payments, the trust shall not be	86251
counted as a resource available to the applicant or recipient and	86252
payments shall be treated in accordance with rules adopted ~~by the~~	86253
~~department of job and family services~~under section 5163.02 of the	86254
Revised Code governing income. Terms of a trust that grant	86255
discretion to limit payments shall not qualify as a clear	86256
statement requiring the trustee to make fixed periodic payments.	86257

(d) If a trust contains a clear statement that requires the	86258
trustee to terminate the trust if it is counted as a resource	86259
available to the applicant or recipient, the trust shall not be	86260
counted as such. Terms of a trust that grant discretion to	86261
terminate the trust do not qualify as a clear statement requiring	86262
the trustee to terminate the trust.	86263

(e) If a person obtains a judgment from a court of competent	86264
jurisdiction that expressly prevents the trustee from using part	86265
or all of the trust for the medical care, care, comfort,	86266
maintenance, welfare, or general well being of the applicant or	86267
recipient, the trust or that portion of the trust subject to the	86268
court order shall not be counted as a resource available to the	86269
applicant or recipient.	86270

(f) If a trust is specifically exempt from being counted as a	86271
resource available to the applicant or recipient by a provision of	86272
the Revised Code, rules, or federal law, the trust shall not be	86273
counted as such.	86274

(g) If an applicant or recipient presents a final judgment	86275
from a court demonstrating that the applicant or recipient was	86276
unsuccessful in a civil action against the trustee to compel	86277
payments from the trust, the trust shall not be counted as a	86278
resource available to the applicant or recipient.	86279

(h) If an applicant or recipient presents a final judgment	86280
from a court demonstrating that in a civil action against the	86281
trustee the applicant or recipient was only able to compel limited	86282
or periodic payments, the trust shall not be counted as a resource	86283
available to the applicant or recipient and payments shall be	86284
treated in accordance with rules adopted ~~by the department of job~~	86285
~~and family services~~under section 5163.02 of the Revised Code	86286
governing income.	86287

(i) If an applicant or recipient provides written	86288
documentation showing that the cost of a civil action brought to	86289
compel payments from the trust would be cost prohibitive, the	86290
trust shall not be counted as a resource available to the	86291
applicant or recipient.	86292

(5) Any actual payments to the applicant or recipient from a	86293
trust that meet the requirements of division (G)(1) of this	86294
section, including trusts that are not counted as a resource	86295
available to the applicant or recipient, shall be treated as	86296
provided in rules adopted ~~by the department of job and family~~	86297
~~services~~under section 5163.02 of the Revised Code governing	86298
income. Payments to any person other than the applicant or	86299
recipient shall not be considered income to the applicant or	86300
recipient. Payments from the trust to a person other than the	86301
applicant or recipient shall not be considered an improper	86302
disposition of assets.	86303

~~Sec. 5111.181.~~ Sec. 5163.22. (A) The general assembly hereby finds	86304
that the state has an insurable interest in ~~medical assistance~~	86305
medicaid recipients because of the state's statutory right to	86306
recover from the estate of a recipient state funds used to provide	86307
the recipient with ~~medical care and~~medicaid services.	86308

(B) As used in this section:

86309

(1) "Beneficiary" means the person or entity designated in a	86310
life insurance policy to receive the proceeds of the policy on the	86311
death of the insured or maturity of the policy.	86312

(2) "Owner" means the person who has the right to designate	86313
the beneficiary of a life insurance policy and to change the	86314
designation.	86315

(C) ~~Notwithstanding section 5111.011 of the Revised Code, the~~	86316
The value of a life insurance policy that would otherwise be	86317
considered a resource in determining eligibility for the ~~medical~~	86318
~~assistance~~medicaid program shall be excluded from any	86319
determination of a person's eligibility for the ~~medical assistance~~	86320
medicaid program if the owner designates the department of ~~job and~~	86321
~~family services~~medicaid as beneficiary of the policy. The	86322
department may pay premiums to keep the policy in force. Premiums	86323
paid by the department are ~~medical assistance~~medicaid payments	86324
correctly paid on behalf of a ~~medical assistance~~medicaid	86325
recipient and subject to recovery under section ~~5111.11~~5162.21 of	86326
the Revised Code.	86327

(D) The medicaid director ~~of job and family services~~ shall	86328
deposit the proceeds of a life insurance policy that do not exceed	86329
the amount the department may recover against the property and	86330
estate of the owner under section ~~5111.11~~5162.21 of the Revised	86331
Code into the general revenue fund. The director shall pay any	86332
remaining proceeds to the person designated by the owner. If the	86333
owner failed to designate a person, the director shall pay the	86334
remaining proceeds to the surviving spouse, or, if there is no	86335
surviving spouse, to the estate of the owner.	86336

(E) If the owner designates the department of ~~job and family~~	86337
~~services~~medicaid as the policy's beneficiary, the department	86338
shall notify the owner that the owner may designate a person to	86339
receive proceeds of the policy that exceed the amount the	86340
department may recover against the owner's property and estate	86341
under section ~~5111.11~~5162.21 of the Revised Code. The designation	86342
shall be made on a form provided by the department.	86343

~~(F) The department of job and family services shall not~~	86344
~~implement this section if implementation would violate any federal~~	86345
~~requirement unless the department receives a waiver of the~~	86346
~~requirement from the United States department of health and human~~	86347
~~services.~~	86348

~~Sec. 5111.0116.~~ Sec. 5163.30. (A) As used in this section:

86349

(1) "Assets" include all of an individual's income and	86350
resources and those of the individual's spouse, including any	86351
income or resources the individual or spouse is entitled to but	86352
does not receive because of action by any of the following:	86353

(a) The individual or spouse;

86354

(b) A person or government entity, including a court or	86355
administrative agency, with legal authority to act in place of or	86356
on behalf of the individual or spouse;	86357

(c) A person or government entity, including a court or	86358
administrative agency, acting at the direction or on the request	86359
of the individual or spouse.	86360

(2) "Home and community-based services" means home and	86361
community-based services furnished under a medicaid waiver granted	86362
by the United States secretary of health and human services under	86363
the "Social Security Act," section 1915(c) or (d), 42 U.S.C.	86364
1396n(c) or (d).	86365

(3) "Institutionalized individual" means a resident of a	86366
nursing facility, an inpatient in a medical institution for whom a	86367
payment is made based on a level of care provided in a nursing	86368
facility, or an individual described in the "Social Security Act,"	86369
section 1902(a)(10)(A)(ii)(VI), 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).	86370

(4) "Look-back date" means the date that is a number of	86371
months specified in rules adopted under section ~~5111.011~~5163.02	86372
of the Revised Code immediately before either of the following:	86373

(a) The date an individual becomes an institutionalized	86374
individual if the individual is eligible for medicaid on that	86375
date;	86376

(b) The date an individual applies for medicaid while an	86377
institutionalized individual.	86378

(5) ~~"Nursing facility" has the same meaning as in section~~	86379
~~5111.20 of the Revised Code.~~	86380

~~(6)~~ "Nursing facility equivalent services" means services	86381
that are covered by the medicaid program, equivalent to nursing	86382
facility services, provided by an institution that provides the	86383
same level of care as a nursing facility, and provided to an	86384
inpatient of the institution who is a medicaid recipient eligible	86385
for medicaid-covered nursing facility equivalent services.	86386

~~(7) "Nursing facility services" means nursing facility~~	86387
~~services covered by the medicaid program that a nursing facility~~	86388
~~provides to a resident of the nursing facility who is a medicaid~~	86389
~~recipient eligible for medicaid-covered nursing facility services.~~	86390

~~(8)~~(6) "Undue hardship" means being deprived of either of the	86391
following:	86392

(a) Medical care such that an individual's health or life is	86393
endangered;	86394

(b) Food, clothing, shelter, or other necessities of life.

86395

(B) Except as provided in division (C) of this section and	86396
rules adopted under section ~~5111.011~~5163.02 of the Revised Code,	86397
an institutionalized individual is ineligible for nursing facility	86398
services, nursing facility equivalent services, and home and	86399
community-based services if the individual or individual's spouse	86400
disposes of assets for less than fair market value on or after the	86401
look-back date. The institutionalized individual's ineligibility	86402
shall begin on a date determined in accordance with rules adopted	86403
under section ~~5111.011~~5163.02 of the Revised Code and shall	86404
continue for a number of months determined in accordance with such	86405
rules.	86406

(C) An institutionalized individual may be granted a waiver	86407
of all or a portion of the period of ineligibility to which the	86408
individual would otherwise be subjected under division (B) of this	86409
section if the ineligibility would cause an undue hardship for the	86410
individual. An institutionalized individual shall be granted a	86411
waiver of all or a portion of the period of ineligibility if the	86412
administrator of the nursing facility in which the individual	86413
resides has notified the individual of a proposed transfer or	86414
discharge under section 3721.16 of the Revised Code due to failure	86415
to pay for the care the nursing facility has provided to the	86416
individual, the individual or the individual's sponsor requests a	86417
hearing on the proposed transfer or discharge in accordance with	86418
section 3721.161 of the Revised Code, and the transfer or	86419
discharge is upheld by a final determination that is not subject	86420
to further appeal. Waivers shall be granted in accordance with	86421
rules adopted under section 5111.011 of the Revised Code.	86422

(D) To secure compliance with this section, the medicaid	86423
director ~~of job and family services~~ may require an individual, as	86424
a condition of initial or continued eligibility for medicaid, to	86425
provide documentation of the individual's assets up to five years	86426
before the date the individual becomes an institutionalized	86427
individual if the individual is eligible for medicaid on that date	86428
or the date the individual applies for medicaid while an	86429
institutionalized individual. Documentation may include tax	86430
returns, records from financial institutions, and real property	86431
records.	86432

~~Sec. 5111.0117.~~ Sec. 5163.31. (A) ~~As used in this section and~~	86433
~~section 5111.0118 of the Revised Code:~~	86434

~~(1) "ICF/MR services" means intermediate care facility for~~	86435
~~the mentally retarded services covered by the medicaid program~~	86436
~~that an intermediate care facility for the mentally retarded~~	86437
~~provides to a resident of the facility who is a medicaid recipient~~	86438
~~eligible for medicaid-covered intermediate care facility for the~~	86439
~~mentally retarded services.~~	86440

~~(2) "Intermediate care facility for the mentally retarded"~~	86441
~~has the same meaning as in section 5111.20 of the Revised Code.~~	86442

~~(3) "Nursing facility" has the same meaning as in section~~	86443
~~5111.20 of the Revised Code.~~	86444

~~(4) "Nursing facility services" means nursing facility~~	86445
~~services covered by the medicaid program that a nursing facility~~	86446
~~provides to a resident of the nursing facility who is a medicaid~~	86447
~~recipient eligible for medicaid-covered nursing facility services.~~	86448

~~(5) "Other medicaid-funded long-term care services" has the~~	86449
~~meaning specified in rules adopted under section 5111.011 of the~~	86450
~~Revised Code.~~	86451

~~(B)~~ Except as provided by division ~~(C)~~(A) of this section and	86452
for the purpose of determining whether an aged, blind, or disabled	86453
individual is eligible for nursing facility services, ~~ICF/MR~~	86454
ICF/IID services, or other medicaid-funded long-term care	86455
services, the medicaid director ~~of job and family services~~ may	86456
consider an aged, blind, or disabled individual's real property to	86457
not be the individual's homestead or principal place of residence	86458
once the individual has resided in a nursing facility,	86459
~~intermediate care facility for the mentally retarded~~ICF/IID, or	86460
other medical institution for at least thirteen months.	86461

~~(C)~~(B) Division ~~(B)~~(A) of this section does not apply to an	86462
individual if any of the following reside in the individual's real	86463
property that, because of this division, continues to be	86464
considered the individual's homestead or principal place of	86465
residence:	86466

(1) The individual's spouse;

86467

(2) The individual's child if any of the following apply:

86468

(a) The child is under twenty-one years of age.

86469

(b) The child is considered blind or disabled under the	86470
"Social Security Act," section 1614, 42 U.S.C. 1382c.	86471

(c) The child is financially dependent on the individual for	86472
housing as determined in accordance with rules adopted under	86473
section ~~5111.011~~5163.02 of the Revised Code.	86474

(3) The individual's sibling if the sibling has a verified	86475
equity interest in the real property and resided in the real	86476
property for at least one year immediately before the date the	86477
individual was admitted to the nursing facility, ~~intermediate care~~	86478
~~facility for the mentally retarded~~ICF/IID, or other medical	86479
institution.	86480

~~Sec. 5111.0118.~~ Sec. 5163.32. (A) Except as otherwise provided by	86481
this section, no individual shall qualify for nursing facility	86482
services or other medicaid-funded long-term care services if the	86483
individual's equity interest in the individual's home exceeds five	86484
hundred thousand dollars. The medicaid director ~~of job and family~~	86485
~~services~~ shall increase this amount effective January 1, 2011, and	86486
the first day of each year thereafter, by the percentage increase	86487
in the consumer price index for all urban consumers (all items;	86488
United States city average), rounded to the nearest one thousand	86489
dollars.	86490

(B) This section does not apply to an individual if either of	86491
the following applies:	86492

(1) Either of the following lawfully reside in the	86493
individual's home:	86494

(a) The individual's spouse;

86495

(b) The individual's child if the child is under twenty-one	86496
years of age or, under the "Social Security Act," section 1614, 42	86497
U.S.C. 1382c, considered blind or disabled.	86498

(2) The individual qualifies, pursuant to the process	86499
established under division (C) of this section, for a waiver of	86500
this section due to a demonstrated hardship.	86501

(C) The director shall establish a process by which	86502
individuals may obtain a waiver of this section due to a	86503
demonstrated hardship. The process shall be consistent with the	86504
process for such waivers established by the United States	86505
secretary of health and human services under the "Social Security	86506
Act," section 1917(f)(4), 42 U.S.C. 1396p(f)(4).	86507

(D) Nothing in this section shall be construed as preventing	86508
an individual from using a reverse mortgage or home equity loan to	86509
reduce the individual's total equity interest in the home.	86510

~~Sec. 5111.114.~~ Sec. 5163.33. ~~As used in this section, "nursing~~	86511
~~facility" and "intermediate care facility for the mentally~~	86512
~~retarded" have the same meanings as in section 5111.20 of the~~	86513
~~Revised Code.~~	86514

(A) In determining the amount of income that a medicaid	86515
recipient ~~of medical assistance~~ must apply monthly toward payment	86516
of the cost of care in a nursing facility or ~~intermediate care~~	86517
~~facility for the mentally retarded~~ICF/IID, ~~the~~a county	86518
department of job and family services shall deduct from the	86519
recipient's monthly income a monthly personal needs allowance in	86520
accordance with ~~section 1902 of~~ the "Social Security Act," 49	86521
~~Stat. 620 (1935)~~section 1902(q), 42 U.S.C.~~A. 1396a, as amended~~	86522
1396a(q).	86523

~~For~~(B) In the case of a resident of a nursing facility, the	86524
monthly personal needs allowance shall be as follows:	86525

(1) Prior to January 1, 2014, not less than forty dollars for	86526
an individual resident and not less than eighty dollars for a	86527
married couple if both spouses are residents of a nursing facility	86528
and their incomes are considered available to each other in	86529
determining eligibility;	86530

(2) For calendar year 2014, not less than forty-five dollars	86531
for an individual resident and not less than ninety dollars for a	86532
married couple if both spouses are residents of a nursing facility	86533
and their incomes are considered available to each other in	86534
determining eligibility;	86535

(3) For calendar year 2015 and each calendar year thereafter,	86536
not less than fifty dollars for an individual resident and not	86537
less than one hundred dollars for a married couple if both spouses	86538
are residents of a nursing facility and their incomes are	86539
considered available to each other in determining eligibility.	86540

~~For~~(C) In the case of a resident of an ~~intermediate care~~	86541
~~facility for the mentally retarded~~ICF/IID, the monthly personal	86542
needs allowance shall be forty dollars unless the resident has	86543
earned income, in which case the monthly personal needs allowance	86544
shall be determined by the ~~state~~ department of ~~job and family~~	86545
~~services~~medicaid, or the department's designee, but shall not	86546
exceed one hundred five dollars.	86547

~~Sec. 5111.013.~~ Sec. 5163.40. (A) ~~The provision of medical~~	86548
~~assistance to pregnant women and young children who are eligible~~	86549
~~for medical assistance under division (C)(3) of section 5111.01 of~~	86550
~~the Revised Code, but who are not otherwise eligible for medical~~	86551
~~assistance under that section, shall be known as the healthy start~~	86552
~~program.~~	86553

~~(B)~~ The department of ~~job and family services~~medicaid shall	86554
do all of the following with regard to the application procedures	86555
for the healthy start component of the medicaid program:	86556

(1) Establish a short application form for the ~~program~~	86557
component that requires the applicant to provide no more	86558
information than is necessary for making determinations of	86559
eligibility for the ~~healthy start program~~component, except that	86560
the form may require applicants to provide their social security	86561
numbers. The form shall include a statement, which must be signed	86562
by the applicant, indicating that she does not choose at the time	86563
of making application for the ~~program~~component to apply for	86564
assistance provided under any other program administered by the	86565
department or the department of job and family services and that	86566
she understands that she is permitted at any other time to apply	86567
at the county department of job and family services of the county	86568
in which she resides for ~~any~~ other assistance administered by the	86569
department or the department of job and family services.	86570

(2) ~~To the extent permitted by federal law, do~~Do one or both	86571
of the following:	86572

(a) Distribute the application form for the ~~program~~component	86573
to each public or private entity that serves as a women, infants,	86574
and children clinic or as a child and family health clinic and to	86575
each administrative body for such clinics and train employees of	86576
each such ~~agency~~clinic or ~~entity~~administrative body to provide	86577
applicants assistance in completing the form;	86578

(b) In cooperation with the department of health, develop	86579
arrangements under which employees of county departments of job	86580
and family services are stationed at public or private ~~agencies or~~	86581
entities selected by the department of ~~job and family services~~	86582
medicaid that serve as women, infants, and children clinics; child	86583
and family health clinics; or administrative bodies for such	86584
clinics for the purpose both of assisting applicants for the	86585
~~program~~component in completing the application form and of making	86586
determinations at that location of eligibility for the ~~program~~	86587
component.	86588

(3) Establish performance standards by which a county	86589
department of job and family services' level of enrollment of	86590
persons potentially eligible for the ~~program~~component can be	86591
measured, and establish acceptable levels of enrollment for each	86592
county department.	86593

(4) Direct any county department of job and family services	86594
whose rate of enrollment of potentially eligible enrollees in the	86595
~~program~~component is below acceptable levels established under	86596
division ~~(B)~~(A)(3) of this section to implement corrective	86597
action. Corrective action may include but is not limited to any	86598
one or more of the following ~~to the extent permitted by federal~~	86599
~~law~~:	86600

(a) Establishing formal referral and outreach methods with	86601
local health departments and local entities receiving funding	86602
through the bureau of maternal and child health;	86603

(b) Designating a specialized intake unit within the county	86604
department for healthy start applicants;	86605

(c) Establishing abbreviated timeliness requirements to	86606
shorten the time between receipt of an application and the	86607
scheduling of an initial application interview;	86608

(d) Establishing a system for telephone scheduling of intake	86609
interviews for applicants;	86610

(e) Establishing procedures to minimize the time an applicant	86611
must spend in completing the application and eligibility	86612
determination process, including permitting applicants to complete	86613
the process at times other than the regular business hours of the	86614
county department and at locations other than the offices of the	86615
county department.	86616

~~(C) To the extent permitted by federal law, local funds,~~	86617
~~whether from public or private sources, expended by a county~~	86618
~~department for administration of the healthy start program shall~~	86619
~~be considered to have been expended by the state for the purpose~~	86620
~~of determining the extent to which the state has complied with any~~	86621
~~federal requirement that the state provide funds to match federal~~	86622
~~funds for medical assistance, except that this division shall not~~	86623
~~affect the amount of funds the county is entitled to receive under~~	86624
~~section 5101.16, 5101.161, or 5111.012 of the Revised Code.~~	86625

~~(D)~~(B) A county department of job and family services that	86626
maintains offices at more than one location shall accept	86627
applications for the healthy start ~~program~~component at all of	86628
those locations.	86629

~~(E) The director of job and family services shall adopt rules~~	86630
~~in accordance with section 111.15 of the Revised Code as necessary~~	86631
~~to implement this section.~~	86632

~~Sec. 5111.0119.~~ Sec. 5163.45. (A)(1) As used in this section,	86633
subject to division (A)(2) of this section, "state or local	86634
correctional facility" means any of the following:	86635

(a) A "state correctional institution," as defined in section	86636
2967.01 of the Revised Code;	86637

(b) A "local correctional facility," as defined in section	86638
2903.13 of the Revised Code;	86639

(c) A correctional facility that is privately operated and	86640
managed pursuant to section 9.06 of the Revised Code.	86641

(2) "State or local correctional facility" does not include	86642
any facility operated directly by or at the direction of the	86643
department of youth services.	86644

(B) If a person who is confined in a state or local	86645
correctional facility was a medicaid recipient immediately prior	86646
to being confined in the facility, all of the following apply:	86647

(1) The person's eligibility for medicaid while so confined	86648
shall be suspended due to the confinement.	86649

(2) No medicaid payment shall be made for any care, services,	86650
or supplies provided to the person during the suspension described	86651
in division (B)(1) of this section.	86652

(3) The suspension described in division (B)(1) of this	86653
section shall end upon the release of the person from the	86654
confinement.	86655

(4) Except as provided in division (C) of this section, the	86656
person shall not be required to reapply or undergo a	86657
redetermination of eligibility for medicaid when the suspension	86658
described in division (B)(1) of this section ends.	86659

(C) A person may be disenrolled from medicaid any time after	86660
the suspension described in division (B)(1) of this section ends	86661
if the person is no longer eligible for medicaid. A person may be	86662
required to undergo a redetermination of eligibility for medicaid	86663
any time after the suspension described in division (B)(1) of this	86664
section ends if it is time or past time for the person's	86665
eligibility redetermination or the person's circumstances have	86666
changed in a manner warranting a redetermination.	86667

~~(D) The department of job and family services shall take the~~	86668
~~steps necessary to begin implementation of this section not later~~	86669
~~than September 1, 2009.~~	86670

Sec. 5164.01. As used in this chapter:

86671

(A) "Early and periodic screening, diagnostic, and treatment	86672
services" has the same meaning as in the "Social Security Act,"	86673
section 1905(r), 42 U.S.C. 1396d(r).	86674

(B) "Federal financial participation" has the same meaning as	86675
in section 5160.01 of the Revised Code.	86676

(C) "Healthcheck" means the component of the medicaid program	86677
that provides early and periodic screening, diagnostic, and	86678
treatment services.	86679

(D) "Home and community-based services medicaid waiver	86680
component" has the same meaning as in section 5166.01 of the	86681
Revised Code.	86682

(E) "Hospital" has the same meaning as in section 3727.01 of	86683
the Revised Code.	86684

(F) "ICF/IID" has the same meaning as in section 5124.01 of	86685
the Revised Code.	86686

(G) "Mandatory services" means the medical services and items	86687
that must be covered by the medicaid state plan as a condition of	86688
the state receiving federal financial participation for the	86689
medicaid program.	86690

(H) "Medicaid managed care organization" has the same meaning	86691
as in section 5167.01 of the Revised Code.	86692

(I) "Medicaid provider" means a person or government entity	86693
with a valid provider agreement to provide medicaid services to	86694
medicaid recipients. To the extent appropriate in the context,	86695
"medicaid provider" includes a person or government entity	86696
applying for a provider agreement, a former medicaid provider, or	86697
both.	86698

(J) "Medicaid services" means either or both of the	86699
following:	86700

(1) Mandatory services;

86701

(2) Optional services that the medicaid program covers.

86702

(K) "Nursing facility" has the same meaning as in section	86703
5165.01 of the Revised Code.	86704

(L) "Optional services" means the medical services and items	86705
that may be covered by the medicaid state plan or a federal	86706
medicaid waiver and for which the medicaid program receives	86707
federal financial participation.	86708

(M) "Provider agreement" means an agreement to which all of	86709
the following apply:	86710

(1) It is between a medicaid provider and the department of	86711
medicaid;	86712

(2) It provides for the medicaid provider to provide medicaid	86713
services to medicaid recipients;	86714

(3) It complies with 42 C.F.R. 431.107(b).

86715

~~Sec. 5111.02.~~ Sec. 5164.02. (A) The ~~director of job and family~~	86716
~~services shall adopt, and may amend or rescind, rules under~~	86717
medicaid director shall adopt rules as necessary to implement this	86718
chapter. The rules shall be adopted in accordance with Chapter	86719
119. of the Revised Code ~~establishing the amount, duration, and~~	86720
~~scope of medicaid services~~. ~~The rules shall be consistent with~~	86721
~~federal and state law. The rules may be different for different~~	86722
~~medicaid services. The~~	86723

(B) The rules shall establish all of the following:

86724

~~(A) The conditions under which the medicaid program shall~~	86725
~~cover and reimburse medicaid services;~~	86726

~~(B) The method of reimbursement applicable to each medicaid~~	86727
~~service~~(1) The amount, duration, and scope of the medicaid	86728
services covered by the medicaid program;	86729

~~(C)~~(2) The payment amount ~~of reimbursement~~for each medicaid	86730
service or, in lieu of ~~amounts~~the payment amount, ~~methods~~the	86731
method by which ~~amounts are~~the payment amount is to be determined	86732
for each medicaid service;	86733

~~(D)~~(3) Procedures for enforcing the rules adopted under this	86734
section that provide due process protections, including procedures	86735
for corrective action plans for, and imposing financial and	86736
administrative sanctions on, persons and government entities that	86737
violate the rules.	86738

(C) The rules may be different for different medicaid	86739
services.	86740

(D) The medicaid director is not required to adopt a rule	86741
establishing the payment amount for a medicaid service if the	86742
director adopts a rule establishing the method by which the	86743
payment amount is to be determined for the medicaid service and	86744
makes the payment amount available on the internet web site	86745
maintained by the department of medicaid.	86746

Sec. 5164.03. (A) The medicaid program shall cover all	86747
mandatory services.	86748

(B) The medicaid program shall cover all of the optional	86749
services that state statutes require the medicaid program to	86750
cover.	86751

(C) The medicaid program may cover any of the optional	86752
services to which either of the following applies:	86753

(1) State statutes expressly permit the medicaid program to	86754
cover the optional service;	86755

(2) State statutes do not address whether the medicaid	86756
program may cover the optional service.	86757

(D) The medicaid program shall not cover any optional	86758
services that state statutes prohibit the medicaid program from	86759
covering.	86760

~~Sec. 5111.04.~~ Sec. 5164.05. (A) As used in this section:

86761

(1) "Outpatient health facility" means a facility that	86762
provides comprehensive primary health services by or under the	86763
direction of a physician at least five days per week on a	86764
forty-hour per week basis to outpatients, is operated by the board	86765
of health of a city or general health district or another public	86766
agency or by a nonprofit private agency or organization under the	86767
direction and control of a governing board that has no	86768
health-related responsibilities other than the direction and	86769
control of one or more such outpatient health facilities, and	86770
receives at least seventy-five per cent of its operating funds	86771
from public sources, except that it does not include an outpatient	86772
hospital facility or a federally qualified health center as	86773
defined in Sec. 1905(l) (2)(B) of the "Social Security Act," ~~103~~	86774
~~Stat. 2264 (1989)~~section 1905(l)(2)(B), 42 U.S.C.A.	86775
1396d(l)(2)(B).	86776

(2) "Comprehensive primary health services" means preventive,	86777
diagnostic, therapeutic, rehabilitative, or palliative items or	86778
services that include all of the following:	86779

(a) Services of physicians, physician assistants, and	86780
certified nurse practitioners;	86781

(b) Diagnostic laboratory and radiological services;

86782

(c) Preventive health services, such as children's eye and	86783
ear examinations, perinatal services, well child services, and	86784
family planning services;	86785

(d) Arrangements for emergency medical services;

86786

(e) Transportation services.

86787

(3) "Certified nurse practitioner" has the same meaning as in	86788
section 4723.01 of the Revised Code.	86789

(B) ~~Outpatient~~Subject to division (C) of this section, the	86790
medicaid program shall cover comprehensive primary health services	86791
provided by outpatient health facilities ~~are a separate category~~	86792
~~of medical care provider under the rules governing the~~	86793
~~administration of the medical assistance program established under~~	86794
~~section 5111.01 of the Revised Code~~with valid provider	86795
agreements. ~~Rates of reimbursement for items and services provided~~	86796
~~by an outpatient health facility under this section shall be~~	86797
~~prospectively determined by the~~The department of ~~job and family~~	86798
~~services~~medicaid shall prospectively determine the medicaid	86799
payment rates for such comprehensive primary health services not	86800
less often than once each year,. The rates shall not be subject to	86801
retroactive adjustment based on actual costs incurred~~, and~~. The	86802
rates shall not exceed the maximum fee schedule or rates of	86803
payment, limitations based on reasonable costs or customary	86804
charges, and limitations based on combined payments received for	86805
furnishing comparable services, as are applicable to outpatient	86806
hospital facilities under ~~Title XVIII of~~ the ~~"Social Security Act~~	86807
medicare program." In determining ~~rates of reimbursement~~an	86808
outpatient health facility's rate prospectively, the department	86809
shall take into account the historic expenses of the facility, the	86810
operating requirements and services offered by the facility, and	86811
the geographical location of the facility, shall provide	86812
incentives for the efficient and economical utilization of the	86813
facility's resources, and shall ensure that the facility does not	86814
discriminate between classes of persons for whom or by whom	86815
payment for ~~items and~~the services is made.	86816

(C) AAn outpatient health facility does not qualify for	86817
~~classification as an outpatient health facility~~medicaid payments	86818
under this section unless it:	86819

(1) Has health and medical care policies developed with the	86820
advice of and subject to review by an advisory committee of	86821
professional personnel, including one or more physicians, one or	86822
more dentists if dental care is provided, and one or more	86823
registered nurses;	86824

(2) Has a medical director, a dental director, if dental care	86825
is provided, and a nursing director responsible for the execution	86826
of such policies, and has physicians, dentists, nursing, and	86827
ancillary staff appropriate to the scope of services provided;	86828

(3) Requires that the care of every patient be under the	86829
supervision of a physician, provides for medical care in case of	86830
emergency, has in effect a written agreement with one or more	86831
hospitals and one or more other outpatient facilities, and has an	86832
established system for the referral of patients to other resources	86833
and a utilization review plan and program;	86834

(4) Maintains clinical records on all patients;

86835

(5) Provides nursing services and other therapeutic services	86836
in compliance with applicable laws and rules and under the	86837
supervision of a registered nurse, and has a registered nurse on	86838
duty at all times when the facility is in operation;	86839

(6) Follows approved methods and procedures for the	86840
dispensing and administration of drugs and biologicals;	86841

(7) Maintains the accounting and record-keeping system	86842
required under federal laws and regulations for the determination	86843
of reasonable and allowable costs.	86844

~~Sec. 5111.029.~~ Sec. 5164.06. The medicaid program shall cover	86845
occupational therapy services provided by an occupational	86846
therapist licensed under section 4755.08 of the Revised Code.	86847
Coverage shall not be limited to services provided in a hospital	86848
or nursing facility. Any licensed occupational therapist may enter	86849
into a ~~medicaid~~ provider agreement with the department of ~~job and~~	86850
~~family services~~medicaid to provide occupational therapy services	86851
under the medicaid program.	86852

~~Sec. 5111.018.~~ Sec. 5164.07. (A) The ~~provision of medical~~	86853
~~assistance under this chapter~~medicaid program shall include	86854
coverage of inpatient care and follow-up care for a mother and her	86855
newborn as follows:	86856

(1) The ~~medical assistance~~ medicaid program shall cover a	86857
minimum of forty-eight hours of inpatient care following a normal	86858
vaginal delivery and a minimum of ninety-six hours of inpatient	86859
care following a cesarean delivery. Services covered as inpatient	86860
care shall include medical, educational, and any other services	86861
that are consistent with the inpatient care recommended in the	86862
protocols and guidelines developed by national organizations that	86863
represent pediatric, obstetric, and nursing professionals.	86864

(2) The ~~medical assistance~~medicaid program shall cover a	86865
physician-directed source of follow-up care. Services covered as	86866
follow-up care shall include physical assessment of the mother and	86867
newborn, parent education, assistance and training in breast or	86868
bottle feeding, assessment of the home support system, performance	86869
of any medically necessary and appropriate clinical tests, and any	86870
other services that are consistent with the follow-up care	86871
recommended in the protocols and guidelines developed by national	86872
organizations that represent pediatric, obstetric, and nursing	86873
professionals. The coverage shall apply to services provided in a	86874
medical setting or through home health care visits. The coverage	86875
shall apply to a home health care visit only if the health care	86876
professional who conducts the visit is knowledgeable and	86877
experienced in maternity and newborn care.	86878

When a decision is made in accordance with division (B) of	86879
this section to discharge a mother or newborn prior to the	86880
expiration of the applicable number of hours of inpatient care	86881
required to be covered, the coverage of follow-up care shall apply	86882
to all follow-up care that is provided within forty-eight hours	86883
after discharge. When a mother or newborn receives at least the	86884
number of hours of inpatient care required to be covered, the	86885
coverage of follow-up care shall apply to follow-up care that is	86886
determined to be medically necessary by the health care	86887
professionals responsible for discharging the mother or newborn.	86888

(B) Any decision to shorten the length of inpatient stay to	86889
less than that specified under division (A)(1) of this section	86890
shall be made by the physician attending the mother or newborn,	86891
except that if a nurse-midwife is attending the mother in	86892
collaboration with a physician, the decision may be made by the	86893
nurse-midwife. Decisions regarding early discharge shall be made	86894
only after conferring with the mother or a person responsible for	86895
the mother or newborn. For purposes of this division, a person	86896
responsible for the mother or newborn may include a parent,	86897
guardian, or any other person with authority to make medical	86898
decisions for the mother or newborn.	86899

(C) The department of ~~job and family services~~medicaid, in	86900
administering the ~~medical assistance~~medicaid program, may not do	86901
either of the following:	86902

(1) Terminate the ~~participation~~provider agreement of a	86903
health care professional or health care facility ~~as a provider~~	86904
~~under the program~~ solely for making recommendations for inpatient	86905
or follow-up care for a particular mother or newborn that are	86906
consistent with the care required to be covered by this section;	86907

(2) Establish or offer monetary or other financial incentives	86908
for the purpose of encouraging a person to decline the inpatient	86909
or follow-up care required to be covered by this section.	86910

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

86911

(1) Require the ~~medical assistance~~medicaid program to cover	86912
inpatient or follow-up care that is not received in accordance	86913
with the program's terms pertaining to the health care	86914
professionals and facilities from which ~~an individual~~a medicaid	86915
recipient is authorized to receive health care services.	86916

(2) Require a mother or newborn to stay in a hospital or	86917
other inpatient setting for a fixed period of time following	86918
delivery;	86919

(3) Require a child to be delivered in a hospital or other	86920
inpatient setting;	86921

(4) Authorize a nurse-midwife to practice beyond the	86922
authority to practice nurse-midwifery in accordance with Chapter	86923
4723. of the Revised Code;	86924

(5) Establish minimum standards of medical diagnosis, care,	86925
or treatment for inpatient or follow-up care for a mother or	86926
newborn. A deviation from the care required to be covered under	86927
this section shall not, on the basis of this section, give rise to	86928
a medical claim or derivative medical claim, as those terms are	86929
defined in section 2305.113 of the Revised Code.	86930

~~Sec. 5111.024.~~ Sec. 5164.08. (A) As used in this section,	86931
"screening mammography" means a radiologic examination utilized to	86932
detect unsuspected breast cancer at an early stage in asymptomatic	86933
women and includes the x-ray examination of the breast using	86934
equipment that is dedicated specifically for mammography,	86935
including the x-ray tube, filter, compression device, screens,	86936
film, and cassettes, and that has an average radiation exposure	86937
delivery of less than one rad mid-breast. "Screening mammography"	86938
includes two views for each breast. The term also includes the	86939
professional interpretation of the film.	86940

"Screening mammography" does not include diagnostic	86941
mammography.	86942

(B) ~~In addition to any other services required to be included~~	86943
~~in the program or for which federal approval is received, the~~	86944
~~medical assistance~~The medicaid program shall ~~include~~cover both	86945
of the following ~~if approval for use of federal funds is granted~~	86946
~~to the department by the federal agency responsible for~~	86947
~~distributing funds under Title XIX of the "Social Security Act,"~~	86948
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~:	86949

(1) ~~Effective July 1, 1993, screening~~Screening mammography	86950
to detect the presence of breast cancer in adult women;	86951

(2) ~~Effective January 1, 1993, cytologic~~Cytologic screening	86952
for the presence of cervical cancer.	86953

(C) The ~~service provided under~~medicaid program's coverage of	86954
screening mammography pursuant to division (B)(1) of this section	86955
shall be provided in accordance with all of the following:	86956

(1) If a woman is at least thirty-five years of age but under	86957
forty years of age, one screening mammography;	86958

(2) If a woman is at least forty years of age but under fifty	86959
years of age, either of the following:	86960

(a) One screening mammography every two years;

86961

(b) If a licensed physician has determined that the woman has	86962
risk factors to breast cancer, one screening mammography every	86963
year.	86964

(3) If a woman is at least fifty years of age but under	86965
sixty-five years of age, one screening mammography every year.	86966

(D) The ~~service provided under~~medicaid program's coverage of	86967
screening mammographies pursuant to division (B)(1) of this	86968
section shall be provided only for screening mammographies that	86969
are performed in a facility or mobile mammography screening unit	86970
that is accredited under the American college of radiology	86971
mammography accreditation program or in a hospital as defined in	86972
section 3727.01 of the Revised Code.	86973

(E) The ~~service provided under~~medicaid program's coverage of	86974
cytologic screenings pursuant to division (B)(2) of this section	86975
shall be provided only for cytologic screenings that are processed	86976
and interpreted in a laboratory certified by the college of	86977
American pathologists or in a hospital as defined in section	86978
3727.01 of the Revised Code.	86979

~~Sec. 5111.023.~~ Sec. 5164.15. (A) As used in this section:

86980

(1) "Community mental health ~~agency~~services provider or	86981
facility" means a community mental health ~~agency~~services provider	86982
or facility that has its community mental health services	86983
certified by the department of ~~mental health~~mental health and	86984
addiction services under section ~~5119.611~~5119.36 of the Revised	86985
Code or by the department of job and family services under section	86986
5103.03 of the Revised Code.	86987

(2) "Mental health professional" means a person qualified to	86988
work with mentally ill persons under the standards established by	86989
the director of ~~mental health~~mental health and addiction services	86990
pursuant to section ~~5119.611~~5119.36 of the Revised Code.	86991

(B) The ~~state~~ medicaid ~~plan~~program may ~~include provision of~~	86992
cover the following mental health services when provided by	86993
community mental health agencies or facilities:	86994

(1) Outpatient mental health services, including, but not	86995
limited to, preventive, diagnostic, therapeutic, rehabilitative,	86996
and palliative interventions rendered to individuals in an	86997
individual or group setting by a mental health professional in	86998
accordance with a plan of treatment appropriately established,	86999
monitored, and reviewed;	87000

(2) Partial-hospitalization mental health services rendered	87001
by persons directly supervised by a mental health professional;	87002

(3) Unscheduled, emergency mental health services of a kind	87003
ordinarily provided to persons in crisis when rendered by persons	87004
supervised by a mental health professional;	87005

(4) ~~Subject to receipt of federal approval, assertive~~	87006
Assertive community treatment and intensive home-based mental	87007
health services.	87008

(C) The department of ~~job and family services~~medicaid shall	87009
enter into a separate contract with the department of ~~mental~~	87010
~~health~~mental health and addiction services under section ~~5111.91~~	87011
5162.35 of the Revised Code with regard to the ~~component of~~mental	87012
health services the medicaid program ~~provided for by~~covers	87013
pursuant to this section.	87014

~~Sec. 5111.027.~~ Sec. 5164.20. ~~If the medicaid program provides~~	87015
~~prescription drug services to medicaid recipients, the~~The	87016
medicaid program shall not ~~provide reimbursement for~~cover	87017
prescription drugs for treatment of erectile dysfunction.	87018

~~Sec. 5111.042.~~ Sec. 5164.25. The departments of developmental	87019
disabilities and ~~job and family services~~medicaid may approve,	87020
reduce, deny, or terminate a medicaid service included in the	87021
individualized service plan developed for a medicaid recipient	87022
with mental retardation or other developmental disability who is	87023
eligible for medicaid case management services. If either	87024
department approves, reduces, denies, or terminates a service,	87025
that department shall timely notify the medicaid recipient that	87026
the recipient may ~~request a hearing under~~appeal pursuant to	87027
section ~~5101.35~~5160.31 of the Revised Code.	87028

~~Sec. 5111.016.~~ Sec. 5164.26. ~~(A) As used in this section,~~	87029
~~"healthcheck" has the same meaning as in section 3313.714 of the~~	87030
~~Revised Code.~~	87031

~~(B)~~ The department of ~~job and family services~~medicaid shall	87032
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	87033
~~establishing~~establish a combination of written and oral methods	87034
designed to provide information about healthcheck to all persons	87035
eligible for the program or their parents or guardians. The	87036
department shall ensure that its methods of providing information	87037
are effective. ~~The methods shall comply with federal law and~~	87038
~~regulations.~~	87039

Each ~~county department of job and family services or other~~	87040
entity that distributes or accepts applications for ~~medical~~	87041
~~assistance~~medicaid shall prominently display a notice that	87042
complies with the ~~rules adopted~~methods of providing information	87043
about healthcheck established under this ~~division~~section.	87044

Sec. 5164.30. No person or government entity may participate	87045
in the medicaid program as a medicaid provider without a valid	87046
provider agreement with the department of medicaid.	87047

~~Sec. 5111.053.~~ Sec. 5164.301. (A) As used in this section, "group	87048
practice" has the same meaning as in section 4731.65 of the	87049
Revised Code.	87050

(B) The department of ~~job and family services~~medicaid shall	87051
establish a process by which a physician assistant may enter into	87052
a ~~medicaid~~ provider agreement.	87053

(C)(1) Subject to division (C)(2) of this section, a claim	87054
for ~~reimbursement~~medicaid payment for a medicaid service provided	87055
by a physician assistant to a medicaid recipient may be submitted	87056
by the physician assistant who provided the service or the	87057
physician, group practice, clinic, or other health care facility	87058
that employs the physician assistant.	87059

(2) A claim for ~~reimbursement~~medicaid payment may be	87060
submitted by the physician assistant who provided the service only	87061
if the physician assistant has a valid provider agreement. When	87062
submitting the claim, the physician assistant shall use only the	87063
medicaid provider number the department has assigned to the	87064
physician assistant.	87065

~~(D) The director of job and family services may adopt rules~~	87066
~~under section 5111.02 of the Revised Code to implement this~~	87067
~~section.~~	87068

~~Sec. 5111.063.~~ Sec. 5164.31. (A) For the purpose of raising funds	87069
necessary to pay the expenses of implementing the provider	87070
screening requirements of subpart E of 42 C.F.R. Part 455 and	87071
except as provided in division (B) of this section, the department	87072
of ~~job and family services~~medicaid shall ~~charge~~collect an	87073
application fee tofrom a medicaid provider ~~seeking to enter into~~	87074
~~or renew a medicaid provider agreement, unless the provider is~~	87075
~~exempt from paying the application fee under 42 C.F.R. 455.460(a)~~	87076
before doing any of the following:	87077

(1) Entering into a provider agreement with a medicaid	87078
provider that seeks initial enrollment as a provider;	87079

(2) Entering into a provider agreement with a former medicaid	87080
provider that seeks re-enrollment as a provider;	87081

(3) Revalidating a medicaid provider's continued enrollment	87082
as a provider. ~~The~~	87083

(B) The department is not to collect an application fee from	87084
a medicaid provider that is exempt from paying the fee under 42	87085
C.F.R. 455.460(a).	87086

(C) The application fees shall be deposited into the health	87087
care services administration fund created under section ~~5111.94~~	87088
5162.54 of the Revised Code. Application fees are nonrefundable	87089
when collected in accordance with 42 C.F.R. 455.460(a).	87090

(D) The medicaid director ~~of job and family services~~ shall	87091
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	87092
of the Revised Code as necessary to implement this section,	87093
including a rule establishing the amount of the application fee	87094
~~that is charged~~to be collected under this section. The amount of	87095
the application fee shall not be set at an amount that is more	87096
than necessary to pay for the expenses of implementing the	87097
provider screening requirements.	87098

~~Sec. 5111.028.~~ Sec. 5164.32. (A) ~~Pursuant to section 5111.02 of~~	87099
~~the Revised Code, the director of job and family services shall~~	87100
~~adopt rules establishing procedures for the use of time-limited~~	87101
~~provider agreements under the medicaid program. Except as provided~~	87102
~~in division (E) of this section, all provider agreements shall be~~	87103
~~time-limited in accordance with the procedures established in the~~	87104
~~rules.~~	87105

~~The department of job and family services shall phase-in the~~	87106
~~use of time-limited provider agreements pursuant to this section~~	87107
~~during a period commencing not later than January 1, 2008, and~~	87108
~~ending January 1, 2015.~~	87109

~~(B) In the use of time-limited provider agreements pursuant~~	87110
~~to this section, all of the following apply:~~	87111

~~(1)~~ Each medicaid provider agreement shall expire not later	87112
than ~~seven~~five years from ~~the~~its effective date ~~of the~~	87113
~~agreement.~~	87114

~~(2) During the phase-in period specified in division (A) of~~	87115
~~this section, the department may provide for the conversion of~~. If	87116
a provider agreement ~~without a time limit~~entered into before the	87117
effective date of this amendment does not have a time limit, the	87118
department of medicaid shall convert the agreement to a provider	87119
agreement with a time limit. ~~The department may take an action to~~	87120
~~convert the provider agreement by sending a notice by regular mail~~	87121
~~to the address of the provider on record with the department~~	87122
~~advising the provider of the conversion.~~	87123

~~(3) The department may make the effective date of a provider~~	87124
~~agreement retroactive for a period not to exceed one year from the~~	87125
~~date of the provider's application for the agreement, as long as~~	87126
~~the provider met all medicaid program requirements during that~~	87127
~~period.~~	87128

~~(C)~~(B) The medicaid director shall adopt rules under section	87129
5164.02 of the Revised Code as necessary to implement this	87130
section. The rules ~~for use of time-limited provider agreements~~	87131
~~pursuant to this section~~ shall be consistent with subpart E of 42	87132
C.F.R. Part 455 and include a process for ~~re-enrollment of~~	87133
~~providers~~revalidating medicaid providers' continued enrollments	87134
as providers. All of the following apply to the ~~re-enrollment~~	87135
revalidation process:	87136

(1) The department ~~of job and family services may terminate a~~	87137
~~time-limited provider agreement or deny re-enrollment~~shall refuse	87138
to revalidate a provider's provider agreement when athe provider	87139
fails to ~~file an~~do either of the following:	87140

(a) File a complete application for ~~re-enrollment~~	87141
revalidation within the time and in the manner required under the	87142
~~re-enrollment~~revalidation process;	87143

(b) Provide required supporting documentation not later than	87144
thirty days after the date the provider timely applies for	87145
revalidation.	87146

(2) If a provider files an application for ~~re-enrollment~~	87147
revalidation within the time and in the manner required under the	87148
~~re-enrollment~~revalidation process and timely provides required	87149
supporting documentation, but the provider agreement expires	87150
before the department acts on the application or before the	87151
effective date of the department's decision on the application,	87152
the provider, subject to division (B)(3) of this section, may	87153
continue operating under the terms of the expired provider	87154
agreement until the effective date of the department's decision.	87155

(3) ~~A decision by the department to approve an application~~	87156
~~for re-enrollment becomes effective on the date of the~~	87157
~~department's decision. A decision by the department to deny~~	87158
~~re-enrollment shall take effect not sooner than thirty days after~~	87159
~~the date the department mails written notice of the decision to~~	87160
~~the provider. The department shall specify in the notice the date~~	87161
~~on which the provider is required to cease operating under the~~	87162
~~provider agreement~~If a provider continues operating under the	87163
terms of an expired provider agreement pursuant to division (B)(2)	87164
of this section and the department denies the provider's	87165
application for revalidation, medicaid payments shall not be made	87166
for services or items the provider provides during the period	87167
beginning on the date the provider agreement expired and ending on	87168
the effective date of a subsequent provider agreement, if any, the	87169
department enters into with the provider.	87170

~~(D) Pursuant to section 5111.06 of the Revised Code, the~~	87171
~~department is not required to take the actions specified in~~	87172
~~division (C)(1) of this section by issuing an order pursuant to an~~	87173
~~adjudication conducted in accordance with Chapter 119. of the~~	87174
~~Revised Code.~~	87175

~~(E) The use of time-limited provider agreements pursuant to~~	87176
~~this section does not apply to provider agreements issued to the~~	87177
~~following, including any provider agreements issued to the~~	87178
~~following that are otherwise time-limited under the medicaid~~	87179
~~program:~~	87180

~~(1) A managed care organization under contract with the~~	87181
~~department pursuant to section 5111.17 of the Revised Code;~~	87182

~~(2) A nursing facility, as defined in section 5111.20 of the~~	87183
~~Revised Code;~~	87184

~~(3) An intermediate care facility for the mentally retarded,~~	87185
~~as defined in section 5111.20 of the Revised Code;~~	87186

~~(4) A hospital.~~

87187

Sec. 5164.33. (A) The medicaid director may do the following	87188
for any reason permitted or required by federal law:	87189

(1) Deny or terminate a provider agreement;

87190

(2) Exclude an individual, provider of services or goods, or	87191
other entity from participation in the medicaid program.	87192

(B) No individual, provider, or entity excluded from	87193
participation in the medicaid program under this section shall do	87194
any of the following:	87195

(1) Own, or provide services to, any other medicaid provider	87196
or risk contractor;	87197

(2) Arrange for, render, or order services for medicaid	87198
recipients during the period of exclusion;	87199

(3) During the period of exclusion, receive direct payments	87200
under the medicaid program or indirect payments of medicaid funds	87201
in the form of salary, shared fees, contracts, kickbacks, or	87202
rebates from or through any other medicaid provider or risk	87203
contractor.	87204

(C) An individual, provider, or entity excluded from	87205
participation in the medicaid program under this section may	87206
request a reconsideration of the exclusion. The director shall	87207
adopt rules under section 5164.02 of the Revised Code governing	87208
the process for requesting a reconsideration.	87209

(D) Nothing in this section limits the applicability of	87210
section 5164.38 of the Revised Code to a medicaid provider.	87211

~~Sec. 5111.032.~~ Sec. 5164.34. (A) As used in this section:

87212

(1) "Criminal records check" has the same meaning as in	87213
section 109.572 of the Revised Code.	87214

(2) "Disqualifying offense" means any of the offenses listed	87215
or described in divisions (A)(3)(a) to (e) of section 109.572 of	87216
the Revised Code.	87217

(3) "Owner" means a person who has an ownership interest in a	87218
medicaid provider ~~or applicant to be a provider~~ in an amount	87219
designated in rules ~~adopted under~~authorized by this section.	87220

(4) "Person subject to the criminal records check	87221
requirement" means the following:	87222

(a) A medicaid provider ~~or applicant to be a provider~~ who is	87223
notified under division (E)(1) of this section that the provider	87224
~~or applicant~~ is subject to a criminal records check;	87225

(b) An owner or prospective owner, officer or prospective	87226
officer, or board member or prospective board member of a medicaid	87227
provider ~~or applicant to be a provider~~ if, pursuant to division	87228
(E)(1)(a) of this section, the owner or prospective owner, officer	87229
or prospective officer, or board member or prospective board	87230
member is specified in information given to the provider or	87231
~~applicant~~ under division (E)(1) of this section;	87232

(c) An employee or prospective employee of a medicaid	87233
provider ~~or applicant to be a provider~~ if both of the following	87234
apply:	87235

(i) The employee or prospective employee is specified,	87236
pursuant to division (E)(1)(b) of this section, in information	87237
given to the provider ~~or applicant~~ under division (E)(1) of this	87238
section.	87239

(ii) The provider ~~or applicant~~ is not prohibited by division	87240
(D)(3)(b) of this section from employing the employee or	87241
prospective employee.	87242

(5) ~~"Provider" means a person, institution, or entity that~~	87243
~~has a medicaid provider agreement with the department of job and~~	87244
~~family services.~~	87245

~~(6)~~ "Responsible entity" means the following:

87246

(a) With respect to a criminal records check required under	87247
this section for a medicaid provider ~~or applicant to be a~~	87248
~~provider~~, the department of ~~job and family services~~medicaid or	87249
the department's designee;	87250

(b) With respect to a criminal records check required under	87251
this section for an owner or prospective owner, officer or	87252
prospective officer, board member or prospective board member, or	87253
employee or prospective employee of a medicaid provider or	87254
~~applicant to be a provider~~, the provider ~~or applicant~~.	87255

(B) This section does not apply to any individual who is	87256
subject to a criminal records check under section 3712.09,	87257
3721.121, ~~5111.034,~~ 5123.081, or 5123.169, or 5164.341 of the	87258
Revised Code or any individual who is subject to a database review	87259
or criminal records check under section ~~173.394~~173.38, 3701.881,	87260
or ~~5111.033~~5164.342 of the Revised Code.	87261

(C) The department of ~~job and family services~~medicaid may do	87262
any of the following:	87263

(1) Require that any medicaid provider ~~or applicant to be a~~	87264
~~provider~~ submit to a criminal records check as a condition of	87265
~~having~~obtaining or maintaining a ~~medicaid~~ provider agreement;	87266

(2) Require that any medicaid provider ~~or applicant to be a~~	87267
~~provider~~ require an owner or prospective owner, officer or	87268
prospective officer, or board member or prospective board member	87269
of the provider ~~or applicant~~ submit to a criminal records check as	87270
a condition of being an owner, officer, or board member of the	87271
provider ~~or applicant~~;	87272

(3) Require that any medicaid provider ~~or applicant to be a~~	87273
~~provider~~ do the following:	87274

(a) If so required by rules ~~adopted under~~authorized by this	87275
section, determine pursuant to a database review conducted under	87276
division (F)(1)(a) of this section whether any employee or	87277
prospective employee of the provider ~~or applicant~~ is included in a	87278
database;	87279

(b) Unless the provider ~~or applicant~~ is prohibited by	87280
division (D)(3)(b) of this section from employing the employee or	87281
prospective employee, require the employee or prospective employee	87282
to submit to a criminal records check as a condition of being an	87283
employee of the provider ~~or applicant~~.	87284

(D)(1) The department or the department's designee shall deny	87285
or terminate a medicaid provider's ~~medicaid~~ provider agreement or	87286
~~deny an applicant's application for a medicaid provider agreement~~	87287
if the provider ~~or applicant~~ is a person subject to the criminal	87288
records check requirement and either of the following applies:	87289

(a) The provider ~~or applicant~~ fails to obtain the criminal	87290
records check after being given the information specified in	87291
division (G)(1) of this section.	87292

(b) Except as provided in rules ~~adopted under~~authorized by	87293
this section, the provider ~~or applicant~~ is found by the criminal	87294
records check to have been convicted of,or have pleaded guilty	87295
to~~, or been found eligible for intervention in lieu of conviction~~	87296
~~for~~ a disqualifying offense, regardless of the date of the	87297
conviction,or the date of entry of the guilty plea~~, or the date~~	87298
~~the applicant or provider was found eligible for intervention in~~	87299
~~lieu of conviction~~.	87300

(2) No medicaid provider ~~or applicant to be a provider~~ shall	87301
permit a person to be an owner, officer, or board member of the	87302
provider ~~or applicant~~ if the person is a person subject to the	87303
criminal records check requirement and either of the following	87304
applies:	87305

(a) The person fails to obtain the criminal records check	87306
after being given the information specified in division (G)(1) of	87307
this section.	87308

(b) Except as provided in rules ~~adopted under~~authorized by	87309
this section, the person is found by the criminal records check to	87310
have been convicted of,or have pleaded guilty to~~, or been found~~	87311
~~eligible for intervention in lieu of conviction for~~ a	87312
disqualifying offense, regardless of the date of the conviction,	87313
or the date of entry of the guilty plea~~, or the date the person~~	87314
~~was found eligible for intervention in lieu of conviction~~.	87315

(3) No medicaid provider ~~or applicant to be a provider~~ shall	87316
employ a person if any of the following apply:	87317

(a) The person has been excluded from ~~providing services or~~	87318
~~items under the~~being a medicaid ~~program~~provider, ~~the~~a medicare	87319
~~program operated pursuant to Title XVIII of the "Social Security~~	87320
~~Act~~provider," or provider for any other federal health care	87321
program.	87322

(b) If the person is subject to a database review conducted	87323
under division (F)(1)(a) of this section, the person is found by	87324
the database review to be included in a database and the rules	87325
~~adopted under~~authorized by this section regarding the database	87326
review prohibit the provider ~~or applicant~~ from employing a person	87327
included in the database.	87328

(c) If the person is a person subject to the criminal records	87329
check requirement, either of the following applies:	87330

(i) The person fails to obtain the criminal records check	87331
after being given the information specified in division (G)(1) of	87332
this section.	87333

(ii) Except as provided in rules ~~adopted under~~authorized by	87334
this section, the person is found by the criminal records check to	87335
have been convicted of,or have pleaded guilty to~~, or been found~~	87336
~~eligible for intervention in lieu of conviction for~~ a	87337
disqualifying offense, regardless of the date of the conviction,	87338
or the date of entry of the guilty plea~~, or the date the person~~	87339
~~was found eligible for intervention in lieu of conviction~~.	87340

(E)(1) The department or the department's designee shall	87341
inform each medicaid provider ~~or applicant to be a provider~~	87342
whether the provider ~~or applicant~~ is subject to a criminal records	87343
check. For providers with valid provider agreements, the	87344
information shall be given at times designated in rules ~~adopted~~	87345
~~under~~authorized by this section. For ~~applicants~~providers	87346
applying to be medicaid providers, the information shall be given	87347
at the time of initial application. When the information is given,	87348
the department or the department's designee shall specify the	87349
following:	87350

(a) Which of the provider's ~~or applicant's~~ owners or	87351
prospective owners, officers or prospective officers, or board	87352
members or prospective board members are subject to a criminal	87353
records check;	87354

(b) Which of the provider's ~~or applicant's~~ employees or	87355
prospective employees are subject to division (C)(3) of this	87356
section.	87357

(2) At times designated in rules ~~adopted under~~authorized by	87358
this section, a medicaid provider ~~or applicant to be a provider~~	87359
that is a person subject to the criminal records check requirement	87360
shall do the following:	87361

(a) Inform each person specified under division (E)(1)(a) of	87362
this section that the person is required to submit to a criminal	87363
records check as a condition of being an owner, officer, or board	87364
member of the provider ~~or applicant~~;	87365

(b) Inform each person specified under division (E)(1)(b) of	87366
this section that the person is subject to division (C)(3) of this	87367
section.	87368

(F)(1) If a medicaid provider ~~or applicant to be a provider~~	87369
is a person subject to the criminal records check requirement, the	87370
department or the department's designee shall require the conduct	87371
of a criminal records check by the superintendent of the bureau of	87372
criminal identification and investigation. A medicaid provider or	87373
~~applicant to be a provider~~ shall require the conduct of a criminal	87374
records check by the superintendent with respect to each of the	87375
persons specified under division (E)(1)(a) of this section. With	87376
respect to each employee and prospective employee specified under	87377
division (E)(1)(b) of this section, a medicaid provider or	87378
~~applicant to be a provider~~ shall do the following:	87379

(a) If rules ~~adopted under~~authorized by this section require	87380
the provider ~~or applicant~~ to conduct a database review to	87381
determine whether the employee or prospective employee is included	87382
in a database, conduct the database review in accordance with the	87383
rules;	87384

(b) Unless the provider ~~or applicant~~ is prohibited by	87385
division (D)(3)(b) of this section from employing the employee or	87386
prospective employee, require the conduct of a criminal records	87387
check of the employee or prospective employee by the	87388
superintendent.	87389

(2) If a person subject to the criminal records check	87390
requirement does not present proof of having been a resident of	87391
this state for the five-year period immediately prior to the date	87392
the criminal records check is requested or provide evidence that	87393
within that five-year period the superintendent has requested	87394
information about the person from the federal bureau of	87395
investigation in a criminal records check, the responsible entity	87396
shall require the person to request that the superintendent obtain	87397
information from the federal bureau of investigation as part of	87398
the criminal records check of the person. Even if the person	87399
presents proof of having been a resident of this state for the	87400
five-year period, the responsible entity may require that the	87401
person request that the superintendent obtain information from the	87402
federal bureau of investigation and include it in the criminal	87403
records check of the person.	87404

(G) Criminal records checks required by this section shall be	87405
obtained as follows:	87406

(1) The responsible entity shall provide each person subject	87407
to the criminal records check requirement information about	87408
accessing and completing the form prescribed pursuant to division	87409
(C)(1) of section 109.572 of the Revised Code and the standard	87410
impression sheet prescribed pursuant to division (C)(2) of that	87411
section.	87412

(2) The person subject to the criminal records check	87413
requirement shall submit the required form and one complete set of	87414
the person's fingerprint impressions directly to the	87415
superintendent for purposes of conducting the criminal records	87416
check using the applicable methods prescribed by division (C) of	87417
section 109.572 of the Revised Code. The person shall pay all fees	87418
associated with obtaining the criminal records check.	87419

(3) The superintendent shall conduct the criminal records	87420
check in accordance with section 109.572 of the Revised Code. The	87421
person subject to the criminal records check requirement shall	87422
instruct the superintendent to submit the report of the criminal	87423
records check directly to the responsible entity. If the	87424
department or the department's designee is not the responsible	87425
entity, the department or designee may require the responsible	87426
entity to submit the report to the department or designee.	87427

(H)(1) A medicaid provider ~~or applicant to be a provider~~ may	87428
employ conditionally a person for whom a criminal records check is	87429
required by this section prior to obtaining the results of the	87430
criminal records check if both of the following apply:	87431

(a) The provider ~~or applicant~~ is not prohibited by division	87432
(D)(3)(b) of this section from employing the person.	87433

(b) The person submits a request for the criminal records	87434
check not later than five business days after the person begins	87435
conditional employment.	87436

(2) A medicaid provider ~~or applicant to be a provider~~ that	87437
employs a person conditionally under division (H)(1) of this	87438
section shall terminate the person's employment if the results of	87439
the criminal records check request are not obtained within the	87440
period ending sixty days after the date the request is made.	87441
Regardless of when the results of the criminal records check are	87442
obtained, if the results indicate that the person has been	87443
convicted of,or has pleaded guilty to~~, or has been found eligible~~	87444
~~for intervention in lieu of conviction for~~ a disqualifying	87445
offense, the provider ~~or applicant~~ shall terminate the person's	87446
employment unless circumstances specified in rules ~~adopted under~~	87447
authorized by this section exist that permit the provider or	87448
~~applicant~~ to employ the person and the provider ~~or applicant~~	87449
chooses to employ the person.	87450

(I) The report of a criminal records check conducted pursuant	87451
to this section is not a public record for the purposes of section	87452
149.43 of the Revised Code and shall not be made available to any	87453
person other than the following:	87454

(1) The person who is the subject of the criminal records	87455
check or the person's representative;	87456

(2) The medicaid director ~~of job and family services~~ and the	87457
staff of the department who are involved in the administration of	87458
the medicaid program;	87459

(3) The department's designee;

87460

(4) The medicaid provider ~~or applicant to be a provider~~ who	87461
required the person who is the subject of the criminal records	87462
check to submit to the criminal records check;	87463

(5) An individual receiving or deciding whether to receive,	87464
from the subject of the criminal records check, home and	87465
community-based services available under the medicaid state plan;	87466

(6) A court, hearing officer, or other necessary individual	87467
involved in a case dealing with any of the following:	87468

(a) The denial or termination of a ~~medicaid~~ provider	87469
agreement;	87470

(b) A person's denial of employment, termination of	87471
employment, or employment or unemployment benefits;	87472

(c) A civil or criminal action regarding the medicaid	87473
program.	87474

(J) The medicaid director ~~of job and family services~~ may	87475
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	87476
of the Revised Code to implement this section. If the director	87477
adopts such rules, the rules shall designate the times at which a	87478
criminal records check must be conducted under this section. The	87479
rules may do any of the following:	87480

(1) Designate the categories of persons who are subject to a	87481
criminal records check under this section;	87482

(2) Specify circumstances under which the department or the	87483
department's designee may continue a ~~medicaid~~ provider agreement	87484
or issue a ~~medicaid~~ provider agreement ~~to an applicant~~ when the	87485
medicaid provider ~~or applicant~~ is found by a criminal records	87486
check to have been convicted of, pleaded guilty to, or been found	87487
eligible for intervention in lieu of conviction for a	87488
disqualifying offense;	87489

(3) Specify circumstances under which a medicaid provider or	87490
~~applicant to be a provider~~ may permit a person to be an employee,	87491
owner, officer, or board member of the provider ~~or applicant,~~ when	87492
the person is found by a criminal records check conducted pursuant	87493
to this section to have been convicted of,or have pleaded guilty	87494
to~~, or been found eligible for intervention in lieu of conviction~~	87495
~~for~~ a disqualifying offense;	87496

(4) Specify all of the following:

87497

(a) The circumstances under which a database review must be	87498
conducted under division (F)(1)(a) of this section to determine	87499
whether an employee or prospective employee of a medicaid provider	87500
~~or applicant to be a provider~~ is included in a database;	87501

(b) The procedures for conducting the database review;

87502

87503

(d) The circumstances under which a medicaid provider or	87504
~~applicant to be a provider~~ is prohibited from employing a person	87505
who is found by the database review to be included in a database.	87506

~~Sec. 5111.034.~~ Sec. 5164.341. (A) As used in this section:

87507

"Anniversary date" means the later of the effective date of	87508
the provider agreement relating to the independent provider or	87509
sixty days after September 26, 2003.	87510

"Applicant" means a person who has applied for a ~~medicaid~~	87511
provider agreement to provide home and community-based services as	87512
an independent provider under a home and community-based medicaid	87513
waiver component administered by the department of ~~job and family~~	87514
~~services~~medicaid.	87515

"Criminal records check" has the same meaning as in section	87516
109.572 of the Revised Code.	87517

"Disqualifying offense" means any of the offenses listed or	87518
described in divisions (A)(3)(a) to (e) of section 109.572 of the	87519
Revised Code.	87520

"Independent provider" means a person who has a ~~medicaid~~	87521
provider agreement to provide home and community-based services as	87522
an independent provider in a home and community-based services	87523
medicaid waiver component administered by the department of ~~job~~	87524
~~and family services~~medicaid.	87525

~~"Home and community-based services medicaid waiver component"~~	87526
~~has the same meaning as in section 5111.85 of the Revised Code.~~	87527

(B) The department of ~~job and family services~~medicaid or the	87528
department's designee shall deny an applicant's application for a	87529
~~medicaid~~ provider agreement and shall terminate an independent	87530
provider's ~~medicaid~~ provider agreement if either of the following	87531
applies:	87532

(1) After the applicant or independent provider is given the	87533
information and notification required by divisions (D)(2)(a) and	87534
(b) of this section, the applicant or independent provider fails	87535
to do either of the following:	87536

(a) Access, complete, or forward to the superintendent of the	87537
bureau of criminal identification and investigation the form	87538
prescribed pursuant to division (C)(1) of section 109.572 of the	87539
Revised Code or the standard impression sheet prescribed pursuant	87540
to division (C)(2) of that section;	87541

(b) Instruct the superintendent to submit the completed	87542
report of the criminal records check required by this section	87543
directly to the department or the department's designee.	87544

(2) Except as provided in rules ~~adopted under~~authorized by	87545
this section, the applicant or independent provider is found by a	87546
criminal records check required by this section to have been	87547
convicted of,or have pleaded guilty to~~, or been found eligible~~	87548
~~for intervention in lieu of conviction for~~ a disqualifying	87549
offense, regardless of the date of the conviction,or the date of	87550
entry of the guilty plea~~, or the date the applicant or independent~~	87551
~~provider was found eligible for intervention in lieu of~~	87552
~~conviction~~.	87553

(C)(1) The department or the department's designee shall	87554
inform each applicant, at the time of initial application for a	87555
~~medicaid~~ provider agreement, that the applicant is required to	87556
provide a set of the applicant's fingerprint impressions and that	87557
a criminal records check is required to be conducted as a	87558
condition of the department's approving the application.	87559

(2) Beginning on September 26, 2003, the department or the	87560
department's designee shall inform each independent provider on or	87561
before the time of the anniversary date of the ~~medicaid~~ provider	87562
agreement that the independent provider is required to provide a	87563
set of the independent provider's fingerprint impressions and that	87564
a criminal records check is required to be conducted.	87565

(D)(1) The department or the department's designee shall	87566
require an applicant to complete a criminal records check prior to	87567
entering into a ~~medicaid~~ provider agreement with the applicant.	87568
The department or the department's designee shall require an	87569
independent provider to complete a criminal records check at least	87570
annually. If an applicant or independent provider for whom a	87571
criminal records check is required by this section does not	87572
present proof of having been a resident of this state for the	87573
five-year period immediately prior to the date the criminal	87574
records check is requested or provide evidence that within that	87575
five-year period the superintendent of the bureau of criminal	87576
identification and investigation has requested information about	87577
the applicant or independent provider from the federal bureau of	87578
investigation in a criminal records check, the department or the	87579
department's designee shall request that the applicant or	87580
independent provider obtain through the superintendent a criminal	87581
records request from the federal bureau of investigation as part	87582
of the criminal records check of the applicant or independent	87583
provider. Even if an applicant or independent provider for whom a	87584
criminal records check request is required by this section	87585
presents proof of having been a resident of this state for the	87586
five-year period, the department or the department's designee may	87587
request that the applicant or independent provider obtain	87588
information through the superintendent from the federal bureau of	87589
investigation in the criminal records check.	87590

(2) The department or the department's designee shall provide	87591
the following to each applicant and independent provider for whom	87592
a criminal records check is required by this section:	87593

(a) Information about accessing, completing, and forwarding	87594
to the superintendent of the bureau of criminal identification and	87595
investigation the form prescribed pursuant to division (C)(1) of	87596
section 109.572 of the Revised Code and the standard impression	87597
sheet prescribed pursuant to division (C)(2) of that section;	87598

(b) Written notification that the applicant or independent	87599
provider is to instruct the superintendent to submit the completed	87600
report of the criminal records check directly to the department or	87601
the department's designee.	87602

(3) Each applicant and independent provider for whom a	87603
criminal records check is required by this section shall pay to	87604
the bureau of criminal identification and investigation the fee	87605
prescribed pursuant to division (C)(3) of section 109.572 of the	87606
Revised Code for the criminal records check conducted of the	87607
applicant or independent provider.	87608

(E) The report of any criminal records check conducted by the	87609
bureau of criminal identification and investigation in accordance	87610
with section 109.572 of the Revised Code and pursuant to a request	87611
made under this section is not a public record for the purposes of	87612
section 149.43 of the Revised Code and shall not be made available	87613
to any person other than the following:	87614

(1) The person who is the subject of the criminal records	87615
check or the person's representative;	87616

(2) The medicaid director ~~of job and family services~~ and the	87617
staff of the department who are involved in the administration of	87618
the medicaid program;	87619

(3) The department's designee;

87620

(4) An individual ~~who receives~~receiving or deciding whether	87621
to receive home and community-based services from the person who	87622
is the subject of the criminal records check;	87623

(5) A court, hearing officer, or other necessary individual	87624
involved in a case dealing with either of the following:	87625

(a) A denial or termination of a provider agreement related	87626
to the criminal records check;	87627

(b) A civil or criminal action regarding the medicaid	87628
program.	87629

(F) The medicaid director ~~of job and family services~~ shall	87630
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	87631
of the Revised Code to implement this section. The rules shall	87632
specify circumstances under which the department or the	87633
department's designee may either approve an applicant's	87634
application or allow an independent provider to maintain an	87635
existing ~~medicaid~~ provider agreement even though the applicant or	87636
independent provider is found by a criminal records check required	87637
by this section to have been convicted of,or have pleaded guilty	87638
to~~, or been found eligible for intervention in lieu of conviction~~	87639
~~for~~ a disqualifying offense.	87640

~~Sec. 5111.033.~~ Sec. 5164.342. (A) As used in this section:

87641

"Applicant" means a person who is under final consideration	87642
for employment with a waiver agency in a full-time, part-time, or	87643
temporary position that involves providing home and	87644
community-based services..	87645

"Community-based long-term care ~~agency~~provider" ~~has the same~~	87646
~~meaning~~means a provider as defined in section 173.39 of the	87647
Revised Code.	87648

"Community-based long-term care subcontractor" means a	87649
subcontractor as defined in section 173.38 of the Revised Code.	87650

"Criminal records check" has the same meaning as in section	87651
109.572 of the Revised Code.	87652

"Disqualifying offense" means any of the offenses listed or	87653
described in divisions (A)(3)(a) to (e) of section 109.572 of the	87654
Revised Code.	87655

"Employee" means a person employed by a waiver agency in a	87656
full-time, part-time, or temporary position that involves	87657
providing home and community-based services.	87658

~~"Home and community-based services medicaid waiver component"~~	87659
~~has the same meaning as in section 5111.85 of the Revised Code.~~	87660

"Waiver agency" means a person or government entity that	87661
provides home and community-based services under a home and	87662
community-based services medicaid waiver component administered by	87663
the department of ~~job and family services~~medicaid, other than	87664
such a person or government entity that is certified under the	87665
medicare program. "Waiver agency" does not mean an independent	87666
provider as defined in section ~~5111.034~~5164.341 of the Revised	87667
Code.	87668

(B) This section does not apply to any individual who is	87669
subject to a database review or criminal records check under	87670
section 3701.881 of the Revised Code. If a waiver agency also is a	87671
community-based long-term care ~~agency~~provider or community-based	87672
long-term care subcontractor, the waiver agency may provide for	87673
applicants and employees to undergo database reviews and criminal	87674
records checks in accordance with section ~~173.394~~173.38 of the	87675
Revised Code rather than this section.	87676

(C) No waiver agency shall employ an applicant or continue to	87677
employ an employee in a position that involves providing home and	87678
community-based services if any of the following apply:	87679

(1) A review of the databases listed in division (E) of this	87680
section reveals any of the following:	87681

(a) That the applicant or employee is included in one or more	87682
of the databases listed in divisions (E)(1) to (5) of this	87683
section;	87684

(b) That there is in the state nurse aide registry	87685
established under section 3721.32 of the Revised Code a statement	87686
detailing findings by the director of health that the applicant or	87687
employee neglected or abused a long-term care facility or	87688
residential care facility resident or misappropriated property of	87689
such a resident;	87690

(c) That the applicant or employee is included in one or more	87691
of the databases, if any, specified in rules ~~adopted under~~	87692
authorized by this section and the rules prohibit the waiver	87693
agency from employing an applicant or continuing to employ an	87694
employee included in such a database in a position that involves	87695
providing home and community-based services.	87696

(2) After the applicant or employee is given the information	87697
and notification required by divisions (F)(2)(a) and (b) of this	87698
section, the applicant or employee fails to do either of the	87699
following:	87700

(a) Access, complete, or forward to the superintendent of the	87701
bureau of criminal identification and investigation the form	87702
prescribed to division (C)(1) of section 109.572 of the Revised	87703
Code or the standard impression sheet prescribed pursuant to	87704
division (C)(2) of that section;	87705

(b) Instruct the superintendent to submit the completed	87706
report of the criminal records check required by this section	87707
directly to the chief administrator of the waiver agency.	87708

(3) Except as provided in rules ~~adopted under~~authorized by	87709
this section, the applicant or employee is found by a criminal	87710
records check required by this section to have been convicted of,	87711
or have pleaded guilty to~~, or been found eligible for intervention~~	87712
~~in lieu of conviction for~~ a disqualifying offense, regardless of	87713
the date of the conviction,or date of entry of the guilty plea,	87714
~~or the date the applicant or employee was found eligible for~~	87715
~~intervention in lieu of conviction~~.	87716

(D) At the time of each applicant's initial application for	87717
employment in a position that involves providing home and	87718
community-based services, the chief administrator of a waiver	87719
agency shall inform the applicant of both of the following:	87720

(1) That a review of the databases listed in division (E) of	87721
this section will be conducted to determine whether the waiver	87722
agency is prohibited by division (C)(1) of this section from	87723
employing the applicant in the position;	87724

(2) That, unless the database review reveals that the	87725
applicant may not be employed in the position, a criminal records	87726
check of the applicant will be conducted and the applicant is	87727
required to provide a set of the applicant's fingerprint	87728
impressions as part of the criminal records check.	87729

(E) As a condition of employing any applicant in a position	87730
that involves providing home and community-based services, the	87731
chief administrator of a waiver agency shall conduct a database	87732
review of the applicant in accordance with rules ~~adopted under~~	87733
authorized by this section. If rules ~~adopted under~~authorized by	87734
this section so require, the chief administrator of a waiver	87735
agency shall conduct a database review of an employee in	87736
accordance with the rules as a condition of continuing to employ	87737
the employee in a position that involves providing home and	87738
community-based services. A database review shall determine	87739
whether the applicant or employee is included in any of the	87740
following:	87741

(1) The excluded parties list system that is maintained by	87742
the United States general services administration pursuant to	87743
subpart 9.4 of the federal acquisition regulation and available at	87744
the federal web site known as the system for award management;	87745

(2) The list of excluded individuals and entities maintained	87746
by the office of inspector general in the United States department	87747
of health and human services pursuant to ~~section 1128 of~~ the	87748
"Social Security Act," ~~94 Stat. 2619 (1980)~~sections 1128 and	87749
1156, 42 U.S.C. 1320a-7~~, as amended,~~ and ~~section 1156 of the~~	87750
~~"Social Security Act," 96 Stat. 388 (1982), 42 U.S.C.~~ 1320c-5~~, as~~	87751
~~amended~~;	87752

(3) The registry of MR/DD employees established under section	87753
5123.52 of the Revised Code;	87754

(4) The internet-based sex offender and child-victim offender	87755
database established under division (A)(11) of section 2950.13 of	87756
the Revised Code;	87757

(5) The internet-based database of inmates established under	87758
section 5120.66 of the Revised Code;	87759

(6) The state nurse aide registry established under section	87760
3721.32 of the Revised Code;	87761

(7) Any other database, if any, specified in rules ~~adopted~~	87762
~~under~~authorized by this section.	87763

(F)(1) As a condition of employing any applicant in a	87764
position that involves providing home and community-based	87765
services, the chief administrator of a waiver agency shall require	87766
the applicant to request that the superintendent of the bureau of	87767
criminal identification and investigation conduct a criminal	87768
records check of the applicant. If rules ~~adopted under~~authorized	87769
by this section so require, the chief administrator of a waiver	87770
agency shall require an employee to request that the	87771
superintendent conduct a criminal records check of the employee at	87772
times specified in the rules as a condition of continuing to	87773
employ the employee in a position that involves providing home and	87774
community-based services. However, a criminal records check is not	87775
required for an applicant or employee if the waiver agency is	87776
prohibited by division (C)(1) of this section from employing the	87777
applicant or continuing to employ the employee in a position that	87778
involves providing home and community-based services. If an	87779
applicant or employee for whom a criminal records check request is	87780
required by this section does not present proof of having been a	87781
resident of this state for the five-year period immediately prior	87782
to the date the criminal records check is requested or provide	87783
evidence that within that five-year period the superintendent has	87784
requested information about the applicant or employee from the	87785
federal bureau of investigation in a criminal records check, the	87786
chief administrator shall require the applicant or employee to	87787
request that the superintendent obtain information from the	87788
federal bureau of investigation as part of the criminal records	87789
check. Even if an applicant or employee for whom a criminal	87790
records check request is required by this section presents proof	87791
of having been a resident of this state for the five-year period,	87792
the chief administrator may require the applicant or employee to	87793
request that the superintendent include information from the	87794
federal bureau of investigation in the criminal records check.	87795

(2) The chief administrator shall provide the following to	87796
each applicant and employee for whom a criminal records check is	87797
required by this section:	87798

(a) Information about accessing, completing, and forwarding	87799
to the superintendent of the bureau of criminal identification and	87800
investigation the form prescribed pursuant to division (C)(1) of	87801
section 109.572 of the Revised Code and the standard impression	87802
sheet prescribed pursuant to division (C)(2) of that section;	87803

(b) Written notification that the applicant or employee is to	87804
instruct the superintendent to submit the completed report of the	87805
criminal records check directly to the chief administrator.	87806

(3) A waiver agency shall pay to the bureau of criminal	87807
identification and investigation the fee prescribed pursuant to	87808
division (C)(3) of section 109.572 of the Revised Code for any	87809
criminal records check required by this section. However, a waiver	87810
agency may require an applicant to pay to the bureau the fee for a	87811
criminal records check of the applicant. If the waiver agency pays	87812
the fee for an applicant, it may charge the applicant a fee not	87813
exceeding the amount the waiver agency pays to the bureau under	87814
this section if the waiver agency notifies the applicant at the	87815
time of initial application for employment of the amount of the	87816
fee and that, unless the fee is paid, the applicant will not be	87817
considered for employment.	87818

(G)(1) A waiver agency may employ conditionally an applicant	87819
for whom a criminal records check is required by this section	87820
prior to obtaining the results of the criminal records check if	87821
both of the following apply:	87822

(a) The waiver agency is not prohibited by division (C)(1) of	87823
this section from employing the applicant in a position that	87824
involves providing home and community-based services.	87825

(b) The chief administrator of the waiver agency requires the	87826
applicant to request a criminal records check regarding the	87827
applicant in accordance with division (F)(1) of this section not	87828
later than five business days after the applicant begins	87829
conditional employment.	87830

(2) A waiver agency that employs an applicant conditionally	87831
under division (G)(1) of this section shall terminate the	87832
applicant's employment if the results of the criminal records	87833
check, other than the results of any request for information from	87834
the federal bureau of investigation, are not obtained within the	87835
period ending sixty days after the date the request for the	87836
criminal records check is made. Regardless of when the results of	87837
the criminal records check are obtained, if the results indicate	87838
that the applicant has been convicted of,or has pleaded guilty	87839
to~~, or has been found eligible for intervention in lieu of~~	87840
~~conviction for~~ a disqualifying offense, the waiver agency shall	87841
terminate the applicant's employment unless circumstances	87842
specified in rules ~~adopted under~~authorized by this section exist	87843
that permit the waiver agency to employ the applicant and the	87844
waiver agency chooses to employ the applicant.	87845

(H) The report of any criminal records check conducted	87846
pursuant to a request made under this section is not a public	87847
record for the purposes of section 149.43 of the Revised Code and	87848
shall not be made available to any person other than the	87849
following:	87850

(1) The applicant or employee who is the subject of the	87851
criminal records check or the representative of the applicant or	87852
employee;	87853

(2) The chief administrator of the waiver agency that	87854
requires the applicant or employee to request the criminal records	87855
check or the administrator's representative;	87856

(3) The medicaid director ~~of job and family services~~ and the	87857
staff of the department who are involved in the administration of	87858
the medicaid program;	87859

(4) The director of aging or the director's designee if the	87860
waiver agency also is a community-based long-term care ~~agency~~	87861
provider or community-based long-term care subcontractor;	87862

(5) An individual receiving or deciding whether to receive	87863
home and community-based services from the subject of the criminal	87864
records check;	87865

(6) A court, hearing officer, or other necessary individual	87866
involved in a case dealing with any of the following:	87867

(a) A denial of employment of the applicant or employee;

87868

(b) Employment or unemployment benefits of the applicant or	87869
employee;	87870

(c) A civil or criminal action regarding the medicaid	87871
program.	87872

(I) The medicaid director ~~of job and family services~~ shall	87873
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	87874
of the Revised Code to implement this section.	87875

(1) The rules may do the following:

87876

(a) Require employees to undergo database reviews and	87877
criminal records checks under this section;	87878

(b) If the rules require employees to undergo database	87879
reviews and criminal records checks under this section, exempt one	87880
or more classes of employees from the requirements;	87881

(c) For the purpose of division (E)(7) of this section,	87882
specify other databases that are to be checked as part of a	87883
database review conducted under this section.	87884

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

87885

(a) The procedures for conducting a database review under	87886
this section;	87887

(b) If the rules require employees to undergo database	87888
reviews and criminal records checks under this section, the times	87889
at which the database reviews and criminal records checks are to	87890
be conducted;	87891

(c) If the rules specify other databases to be checked as	87892
part of a database review, the circumstances under which a waiver	87893
agency is prohibited from employing an applicant or continuing to	87894
employ an employee who is found by the database review to be	87895
included in one or more of those databases;	87896

(d) The circumstances under which a waiver agency may employ	87897
an applicant or employee who is found by a criminal records check	87898
required by this section to have been convicted of,or have	87899
pleaded guilty to~~, or been found eligible for intervention in lieu~~	87900
~~of conviction for~~ a disqualifying offense.	87901

(J) The amendments made by H.B. 487 of the 129th general	87902
assembly to this section do not preclude the department of ~~job~~	87903
~~and family services~~medicaid from taking action against a person	87904
for failure to comply with former division (H) of this section as	87905
that division existed on the day preceding ~~the effective date of~~	87906
~~this amendment~~January 1, 2013.	87907

~~Sec. 5111.03.~~ Sec. 5164.35. (A) As used in this section, "owner"	87908
means any person having at least five per cent ownership in a	87909
medicaid provider.	87910

(B)(1) No medicaid provider ~~of services or goods contracting~~	87911
~~with the department of job and family services pursuant to the~~	87912
~~medicaid program~~ shall~~, by~~do any of the following:	87913

(a) By deception, obtain or attempt to obtain payments under	87914
~~this chapter~~the medicaid program to which the provider is not	87915
entitled pursuant to the provider's provider agreement, or the	87916
rules of the federal government or the ~~department of job and~~	87917
~~family services~~medicaid director relating to the program~~. No~~	87918
~~provider shall willfully~~;	87919

(b) Willfully receive payments to which the provider is not	87920
entitled~~, or willfully~~;	87921

(c) Willfully receive payments in a greater amount than that	87922
to which the provider is entitled; ~~nor shall any provider falsify~~	87923

(d) Falsify any report or document required by state or	87924
federal law, rule, or provider agreement relating to medicaid	87925
payments. ~~As used in this section, a~~	87926

(2) A medicaid provider engages in "deception" for the	87927
purpose of this section when the provider, acting with actual	87928
knowledge of the representation or information involved, acting in	87929
deliberate ignorance of the truth or falsity of the representation	87930
or information involved, or acting in reckless disregard of the	87931
truth or falsity of the representation or information involved,	87932
deceives another or causes another to be deceived by any false or	87933
misleading representation, by withholding information, by	87934
preventing another from acquiring information, or by any other	87935
conduct, act, or omission that creates, confirms, or perpetuates a	87936
false impression in another, including a false impression as to	87937
law, value, state of mind, or other objective or subjective fact.	87938
No proof of specific intent to defraud is required to show, for	87939
purposes of this section, that a medicaid provider has engaged in	87940
deception.	87941

~~(B)~~(C) Any medicaid provider who violates division ~~(A)~~(B) of	87942
this section shall be liable, in addition to any other penalties	87943
provided by law, for all of the following civil penalties:	87944

(1) Payment of interest on the amount of the excess payments	87945
at the maximum interest rate allowable for real estate mortgages	87946
under section 1343.01 of the Revised Code on the date the payment	87947
was made to the provider for the period from the date upon which	87948
payment was made, to the date upon which repayment is made to the	87949
state;	87950

(2) Payment of an amount equal to three times the amount of	87951
any excess payments;	87952

(3) Payment of a sum of not less than five thousand dollars	87953
and not more than ten thousand dollars for each deceptive claim or	87954
falsification;	87955

(4) All reasonable expenses which the court determines have	87956
been necessarily incurred by the state in the enforcement of this	87957
section.	87958

~~(C) As used in this division, "intermediate care facility for~~	87959
~~the mentally retarded" and "nursing facility" have the same~~	87960
~~meanings given in section 5111.20 of the Revised Code.~~	87961

(D) In addition to the civil penalties provided in division	87962
~~(B)~~(C) of this section, the medicaid director ~~of job and family~~	87963
~~services~~, upon the conviction of, or the entry of a judgment in	87964
either a criminal or civil action against, a medicaid provider or	87965
its owner, officer, authorized agent, associate, manager, or	87966
employee in an action brought pursuant to section 109.85 of the	87967
Revised Code, shall terminate the provider's provider agreement	87968
~~between the department and the provider~~ and stop ~~reimbursement~~	87969
payment to the provider for medicaid services rendered from the	87970
date of conviction or entry of judgment. ~~As used in this division,~~	87971
~~"owner" means any person having at least five per cent ownership~~	87972
~~in the medicaid provider.~~ No such medicaid provider, owner,	87973
officer, authorized agent, associate, manager, or employee shall	87974
own or provide medicaid services to any other medicaid provider or	87975
risk contractor or arrange for, render, or order medicaid services	87976
for medicaid recipients, nor shall such provider, owner, officer,	87977
authorized agent, associate, manager, or employee receive	87978
~~reimbursement in the form of~~ direct payments ~~from the department~~	87979
under the medicaid program or indirect payments of medicaid funds	87980
in the form of salary, shared fees, contracts, kickbacks, or	87981
rebates from or through any ~~participating~~other medicaid provider	87982
or risk contractor. The provider agreement shall not be terminated	87983
~~or reimbursement~~, and payment shall not be terminated, if the	87984
medicaid provider or owner can demonstrate that the provider or	87985
owner did not directly or indirectly sanction the action of its	87986
authorized agent, associate, manager, or employee that resulted in	87987
the conviction or entry of a judgment in a criminal or civil	87988
action brought pursuant to section 109.85 of the Revised Code.	87989
Nothing in this division prohibits any owner, officer, authorized	87990
agent, associate, manager, or employee of a medicaid provider from	87991
entering into a ~~medicaid~~ provider agreement if the person can	87992
demonstrate that the person had no knowledge of an action of the	87993
medicaid provider the person was formerly associated with that	87994
resulted in the conviction or entry of a judgment in a criminal or	87995
civil action brought pursuant to section 109.85 of the Revised	87996
Code.	87997

Nursing facility ~~or intermediate care facility for the~~	87998
~~mentally retarded~~and ICF/IID providers whose provider agreements	87999
are terminated pursuant to this section may continue to receive	88000
~~reimbursement~~medicaid payments for up to thirty days after the	88001
effective date of the termination if the provider makes reasonable	88002
efforts to transfer medicaid recipients to another facility or to	88003
alternate care and if federal ~~funds are~~financial participation is	88004
provided for ~~such reimbursement~~the payments.	88005

~~(D) For any reason permitted or required by federal law, the~~	88006
~~director of job and family services may deny a provider agreement~~	88007
~~or terminate a provider agreement.~~	88008

~~For any reason permitted or required by federal law, the~~	88009
~~director may exclude an individual, provider of services or goods,~~	88010
~~or other entity from participation in the medicaid program. No~~	88011
~~individual, provider, or entity excluded under this division shall~~	88012
~~own or provide services to any other medicaid provider or risk~~	88013
~~contractor or arrange for, render, or order services for medicaid~~	88014
~~recipients during the period of exclusion, nor, during the period~~	88015
~~of exclusion, shall such individual, provider, or entity receive~~	88016
~~reimbursement in the form of direct payments from the department~~	88017
~~or indirect payments of medicaid funds in the form of salary,~~	88018
~~shared fees, contracts, kickbacks, or rebates from or through any~~	88019
~~participating provider or risk contractor. An excluded individual,~~	88020
~~provider, or entity may request a reconsideration of the~~	88021
~~exclusion. The director shall adopt rules in accordance with~~	88022
~~Chapter 119. of the Revised Code governing the process for~~	88023
~~requesting a reconsideration.~~	88024

~~Nothing in this division limits the applicability of section~~	88025
~~5111.06 of the Revised Code to a medicaid provider.~~	88026

~~(E) Any provider of services or goods contracting with the~~	88027
~~department of job and family services pursuant to Title XIX of the~~	88028
~~"Social Security Act," who, without intent, obtains payments under~~	88029
~~this chapter in excess of the amount to which the provider is~~	88030
~~entitled, thereby becomes liable for payment of interest on the~~	88031
~~amount of the excess payments at the maximum real estate mortgage~~	88032
~~rate on the date the payment was made to the provider for the~~	88033
~~period from the date upon which payment was made to the date upon~~	88034
~~which repayment is made to the state.~~	88035

~~(F)~~(E) The attorney general on behalf of the state may	88036
commence proceedings to enforce this section in any court of	88037
competent jurisdiction; and the attorney general may settle or	88038
compromise any case brought under this section with the approval	88039
of the department of ~~job and family services~~medicaid.	88040
Notwithstanding any other provision of law providing a shorter	88041
period of limitations, the attorney general may commence a	88042
proceeding to enforce this section at any time within six years	88043
after the conduct in violation of this section terminates.	88044

~~(G) The authority, under state and federal law, of the~~	88045
~~department of job and family services or a county department of~~	88046
~~job and family services to recover excess payments made to a~~	88047
~~provider is not limited by the availability of remedies under~~	88048
~~sections 5111.11 and 5111.12 of the Revised Code for recovering~~	88049
~~benefits paid on behalf of recipients of medical assistance.~~	88050

~~The penalties under this chapter apply to any overpayment,~~	88051
~~billing, or falsification occurring on and after April 24, 1978.~~	88052
(F) All moneys collected by the state pursuant to this section	88053
shall be deposited in the state treasury to the credit of the	88054
general revenue fund.	88055

~~Sec. 5111.035.~~ Sec. 5164.36. (A) As used in this section:

88056

(1) "~~Creditable~~Credible allegation of fraud" has the same	88057
meaning as in 42 C.F.R. 455.2, except that for purposes of this	88058
section any reference in that regulation to the "state" or the	88059
"state medicaid agency" means the department of ~~job and family~~	88060
~~services~~medicaid.	88061

(2) ~~"Provider" has the same meaning as in section 5111.032 of~~	88062
~~the Revised Code.~~	88063

~~(3)~~ "Owner" has the same meaning as in section ~~5111.031~~	88064
5164.37 of the Revised Code.	88065

(B)(1) Except as provided in division (C) of this section and	88066
in rules ~~adopted~~authorized by ~~the department of job and family~~	88067
~~services under division (J) of~~ this section, on determining there	88068
is a ~~creditable~~credible allegation of fraud for which an	88069
investigation is pending under the medicaid program against a	88070
medicaid provider, the department of medicaid shall suspend the	88071
provider agreement held by the provider. Subject to division (C)	88072
of this section, the department shall also terminate medicaid	88073
~~reimbursement~~payments to the provider for services rendered.	88074

(2)(a) The suspension shall continue in effect until either	88075
of the following is the case:	88076

(i) The department or a prosecuting authority determines that	88077
there is insufficient evidence of fraud by the medicaid provider;	88078

(ii) The proceedings in any related criminal case are	88079
completed through dismissal of the indictment or through	88080
conviction, entry of a guilty plea, or finding of not guilty.	88081

(b) If the department commences a process to terminate the	88082
suspended provider agreement, the suspension shall also continue	88083
in effect until the termination process is concluded.	88084

(3) ~~Pursuant to section 5111.06 of the Revised Code, the~~	88085
~~department is not required to take action under division (B)(1) of~~	88086
~~this section by issuing an order pursuant to an adjudication in~~	88087
~~accordance with Chapter 119. of the Revised Code.~~	88088

~~(4)~~ When subject to a suspension under this section, a	88089
medicaid provider, owner, officer, authorized agent, associate,	88090
manager, or employee shall not own or provide services to any	88091
other medicaid provider or risk contractor or arrange for, render,	88092
or order services to any other medicaid provider or risk	88093
contractor or arrange for, render, or order services for medicaid	88094
recipients during the period of suspension. During the period of	88095
suspension, the provider, owner, officer, authorized agent,	88096
associate, manager, or employee shall not receive ~~reimbursement in~~	88097
~~the form of~~ direct payments ~~from the department~~under the medicaid	88098
program or indirect payments of medicaid funds in the form of	88099
salary, shared fees, contracts, kickbacks, or rebates from or	88100
through any ~~participating~~other medicaid provider or risk	88101
contractor.	88102

(C) The department shall not suspend a provider agreement or	88103
terminate medicaid ~~reimbursement~~payments under division (B) of	88104
this section if the medicaid provider or owner can demonstrate	88105
through the submission of written evidence that the provider or	88106
owner did not directly or indirectly sanction the action of its	88107
authorized agent, associate, manager, or employee that resulted in	88108
the ~~creditable~~credible allegation of fraud.	88109

(D) The termination of medicaid ~~reimbursement~~payment under	88110
division (B) of this section applies only to payments for medicaid	88111
services rendered subsequent to the date on which the notice	88112
required by division (E) of this section is sent. Claims for	88113
~~reimbursement~~payment of medicaid services rendered by the	88114
medicaid provider prior to the issuance of the notice may be	88115
subject to prepayment review procedures whereby the department	88116
reviews claims to determine whether they are supported by	88117
sufficient documentation, are in compliance with state and federal	88118
statutes and rules, and are otherwise complete.	88119

(E) After suspending a provider agreement under division (B)	88120
of this section, the department shall, as specified in 42 C.F.R.	88121
455.23(b), send notice of the suspension to the affected medicaid	88122
provider or owner in accordance with the following timeframes:	88123

(1) Not later than five days after the suspension, unless a	88124
law enforcement agency makes a written request to temporarily	88125
delay the notice;	88126

(2) If a law enforcement agency makes a written request to	88127
temporarily delay the notice, not later than thirty days after the	88128
suspension occurs subject to the conditions specified in division	88129
(F) of this section.	88130

(F) A written request for a temporary delay described in	88131
division (E)(2) of this section may be renewed in writing by a law	88132
enforcement agency not more than two times except that under no	88133
circumstances shall the notice be issued more than ninety days	88134
after the suspension occurs.	88135

(G) The notice required by division (E) of this section shall	88136
do all of the following:	88137

(1) State that payments are being suspended in accordance	88138
with this section and 42 C.F.R. 455.23;	88139

(2) Set forth the general allegations related to the nature	88140
of the conduct leading to the suspension, except that it is not	88141
necessary to disclose any specific information concerning an	88142
ongoing investigation;	88143

(3) State that the suspension continues to be in effect until	88144
either of the following is the case:	88145

(a) The department or a prosecuting authority determines that	88146
there is insufficient evidence of fraud by the provider;	88147

(b) The proceedings in any related criminal case are	88148
completed through dismissal of the indictment or through	88149
conviction, entry of a guilty plea, or finding of not guilty and,	88150
if the department commences a process to terminate the suspended	88151
provider agreement, until the termination process is concluded.	88152

(4) Specify, if applicable, the type or types of medicaid	88153
claims or business units of the medicaid provider that are	88154
affected by the suspension;	88155

(5) Inform the medicaid provider or owner of the opportunity	88156
to submit to the department, not later than thirty days after	88157
receiving the notice, a request for reconsideration of the	88158
suspension in accordance with division (H) of this section.	88159

(H)(1) Pursuant to the procedure specified in division (H)(2)	88160
of this section, a medicaid provider or owner subject to a	88161
suspension under this section may request a reconsideration of the	88162
suspension. The request shall be made not later than thirty days	88163
after receipt of a notice required by division (E) of this	88164
section. The reconsideration is not subject to an adjudication	88165
hearing pursuant to Chapter 119. of the Revised Code.	88166

(2) In requesting a reconsideration, the medicaid provider or	88167
owner shall submit written information and documents to the	88168
department. The information and documents may pertain to any of	88169
the following issues:	88170

(a) Whether the determination to suspend the provider	88171
agreement was based on a mistake of fact, other than the validity	88172
of an indictment in a related criminal case.	88173

(b) If there has been an indictment in a related criminal	88174
case, whether any offense charged in the indictment resulted from	88175
an offense specified in division (E) of section ~~5111.031~~5164.37	88176
of the Revised Code.	88177

(c) Whether the provider or owner can demonstrate that the	88178
provider or owner did not directly or indirectly sanction the	88179
action of its authorized agent, associate, manager, or employee	88180
that resulted in the suspension under this section or an	88181
indictment in a related criminal case.	88182

(I) The department shall review the information and documents	88183
submitted in a request made under division (H) of this section for	88184
reconsideration of a suspension. After the review, the suspension	88185
may be affirmed, reversed, or modified, in whole or in part. The	88186
department shall notify the affected provider or owner of the	88187
results of the review. The review and notification of its results	88188
shall be completed not later than forty-five days after receiving	88189
the information and documents submitted in a request for	88190
reconsideration.	88191

(J) ~~The department may adopt rules in accordance with Chapter~~	88192
~~119. of the Revised Code to implement this section. The rules~~	88193
Rules adopted under section 5164.02 of the Revised Code may	88194
specify circumstances under which the department would not suspend	88195
a provider agreement pursuant to this section.	88196

~~Sec. 5111.031.~~ Sec. 5164.37. (A) As used in this section:

88197

(1) "Independent provider" has the same meaning as in section	88198
~~5111.034~~5164.341 of the Revised Code.	88199

(2) ~~"Intermediate care facility for the mentally retarded"~~	88200
~~and "nursing facility" have the same meanings as in section~~	88201
~~5111.20 of the Revised Code.~~	88202

~~(3)~~ "Noninstitutional medicaid provider" means any person or	88203
entity with a ~~medicaid~~ provider agreement other than a hospital,	88204
nursing facility, or ~~intermediate care facility for the mentally~~	88205
~~retarded~~ICF/IID.	88206

~~(4)~~(3) "Owner" means any person having at least five per cent	88207
ownership in a noninstitutional medicaid provider.	88208

(B) Notwithstanding any provision of this chapter to the	88209
contrary, the department of ~~job and family services~~medicaid shall	88210
take action under this section against a noninstitutional medicaid	88211
provider or its owner, officer, authorized agent, associate,	88212
manager, or employee.	88213

(C) Except as provided in division (D) of this section and in	88214
rules ~~adopted~~authorized by ~~the department under division (H) of~~	88215
this section, on receiving notice and a copy of an indictment that	88216
is issued on or after September 29, 2007, and charges a	88217
noninstitutional medicaid provider or its owner, officer,	88218
authorized agent, associate, manager, or employee with committing	88219
an offense specified in division (E) of this section, the	88220
department shall suspend the provider agreement held by the	88221
noninstitutional medicaid provider. Subject to division (D) of	88222
this section, the department shall also terminate medicaid	88223
~~reimbursement~~payments to the provider for medicaid services	88224
rendered.	88225

The suspension shall continue in effect until the proceedings	88226
in the criminal case are completed through dismissal of the	88227
indictment or through conviction, entry of a guilty plea, or	88228
finding of not guilty. If the department commences a process to	88229
terminate the suspended provider agreement, the suspension shall	88230
also continue in effect until the termination process is	88231
concluded.	88232

~~Pursuant to section 5111.06 of the Revised Code, the~~	88233
~~department is not required to take action under this division by~~	88234
~~issuing an order pursuant to an adjudication conducted in~~	88235
~~accordance with Chapter 119. of the Revised Code.~~	88236

When subject to a suspension under this division, a provider,	88237
owner, officer, authorized agent, associate, manager, or employee	88238
shall not own or provide medicaid services to any other medicaid	88239
provider or risk contractor or arrange for, render, or order	88240
medicaid services for medicaid recipients during the period of	88241
suspension. During the period of suspension, the provider, owner,	88242
officer, authorized agent, associate, manager, or employee shall	88243
not receive ~~reimbursement in the form of~~ direct payments ~~from~~	88244
under the ~~department~~medicaid program or indirect payments of	88245
medicaid funds in the form of salary, shared fees, contracts,	88246
kickbacks, or rebates from or through any ~~participating~~other	88247
medicaid provider or risk contractor.	88248

(D)(1) The department shall not suspend a provider agreement	88249
or terminate medicaid ~~reimbursement~~payments under division (C) of	88250
this section if the provider or owner can demonstrate through the	88251
submission of written evidence that the provider or owner did not	88252
directly or indirectly sanction the action of its authorized	88253
agent, associate, manager, or employee that resulted in the	88254
indictment.	88255

(2) The termination of medicaid ~~reimbursement~~payments	88256
applies only to payments for medicaid services rendered subsequent	88257
to the date on which the notice required under division (F) of	88258
this section is sent. Claims for ~~reimbursement~~payment for	88259
medicaid services rendered by the provider prior to the issuance	88260
of the notice may be subject to prepayment review procedures	88261
whereby the department reviews claims to determine whether they	88262
are supported by sufficient documentation, are in compliance with	88263
state and federal statutes and rules, and are otherwise complete.	88264

(E)(1) In the case of a noninstitutional medicaid provider	88265
that is not an independent provider, the suspension of a provider	88266
agreement under division (C) of this section applies when an	88267
indictment charges a person with committing an act that would be a	88268
felony or misdemeanor under the laws of this state and the act	88269
relates to or results from either of the following:	88270

(a) Furnishing or billing for ~~medical care,~~medicaid	88271
services~~, or supplies~~ under the medicaid program;	88272

(b) Participating in the performance of management or	88273
administrative services relating to furnishing ~~medical care,~~	88274
medicaid services~~, or supplies~~ under the medicaid program.	88275

(2) In the case of a noninstitutional medicaid provider that	88276
is an independent provider, the suspension of a provider agreement	88277
under division (C) of this section applies when an indictment	88278
charges a person with committing an act that would constitute a	88279
disqualifying offense as defined in section ~~5111.032~~5164.34 of	88280
the Revised Code.	88281

(F) Not later than five days after suspending a provider	88282
agreement under division (C) of this section, the department shall	88283
send notice of the suspension to the affected provider or owner.	88284
In providing the notice, the department shall do all of the	88285
following:	88286

(1) Describe the indictment that was the cause of the	88287
suspension, without necessarily disclosing specific information	88288
concerning any ongoing civil or criminal investigation;	88289

(2) State that the suspension will continue in effect until	88290
the proceedings in the criminal case are completed through	88291
dismissal of the indictment or through conviction, entry of a	88292
guilty plea, or finding of not guilty and, if the department	88293
commences a process to terminate the suspended provider agreement,	88294
until the termination process is concluded;	88295

(3) Inform the provider or owner of the opportunity to submit	88296
to the department, not later than thirty days after receiving the	88297
notice, a request for a reconsideration pursuant to division (G)	88298
of this section.	88299

(G)(1) Pursuant to the procedure specified in division (G)(2)	88300
of this section, a noninstitutional medicaid provider or owner	88301
subject to a suspension under this section may request a	88302
reconsideration. The request shall be made not later than thirty	88303
days after receipt of the notice provided under division (F) of	88304
this section. The reconsideration is not subject to an	88305
adjudication hearing pursuant to Chapter 119. of the Revised Code.	88306

(2) In requesting a reconsideration, the provider or owner	88307
shall submit written information and documents to the department.	88308
The information and documents may pertain to any of the following	88309
issues:	88310

(a) Whether the determination to suspend the provider	88311
agreement was based on a mistake of fact, other than the validity	88312
of the indictment;	88313

(b) Whether any offense charged in the indictment resulted	88314
from an offense specified in division (E) of this section;	88315

(c) Whether the provider or owner can demonstrate that the	88316
provider or owner did not directly or indirectly sanction the	88317
action of its authorized agent, associate, manager, or employee	88318
that resulted in the indictment.	88319

(3) The department shall review the information and documents	88320
submitted in a request for reconsideration. After the review, the	88321
suspension may be affirmed, reversed, or modified, in whole or in	88322
part. The department shall notify the affected provider or owner	88323
of the results of the review. The review and notification of its	88324
results shall be completed not later than forty-five days after	88325
receiving the information and documents submitted in a request for	88326
reconsideration.	88327

(H) ~~The department may adopt rules in accordance with Chapter~~	88328
~~119. of the Revised Code to implement this section. The rules~~	88329
Rules adopted under section 5164.02 of the Revised Code may	88330
specify circumstances under which the department would not suspend	88331
a provider agreement pursuant to this section.	88332

~~Sec. 5111.06.~~ Sec. 5164.38. (A)~~(1)~~ As used in this section ~~and in~~	88333
~~sections 5111.061 and 5111.063 of the Revised Code~~:	88334

~~(a) "Provider" means any person, institution, or entity that~~	88335
~~furnishes medicaid services under a provider agreement with the~~	88336
~~department of job and family services pursuant to Title XIX of the~~	88337
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	88338
~~amended.~~	88339

~~(b) "Party" has the same meaning as in division (G) of~~	88340
~~section 119.01 of the Revised Code.~~	88341

~~(c)~~(1) "Adjudication" has the same meaning as in division (D)	88342
of section 119.01 of the Revised Code.	88343

(2) "Party" has the same meaning as in division (G) of	88344
section 119.01 of the Revised Code.	88345

(3) "Revalidate" means to approve a medicaid provider's	88346
continued enrollment as a medicaid provider in accordance with the	88347
revalidation process established in rules authorized by section	88348
5164.32 of the Revised Code.	88349

(B) This section does not apply to either of the following:

88350

~~(a)~~(1) Any action taken or decision made by the department of	88351
~~job and family services~~medicaid with respect to entering into or	88352
refusing to enter into a contract with a managed care organization	88353
pursuant to section ~~5111.17~~5167.10 of the Revised Code;	88354

~~(b)~~(2) Any action taken by the department under sections	88355
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	88356

~~(B)~~(C) Except as provided in division ~~(D)~~(E) of this section	88357
and section ~~5111.914~~5164.58 of the Revised Code, the department	88358
shall do ~~either~~any of the following by issuing an order pursuant	88359
to an adjudication conducted in accordance with Chapter 119. of	88360
the Revised Code:	88361

(1) Enter into or refuse to enter into a provider agreement	88362
with a medicaid provider~~, or suspend,~~;	88363

(2) Revalidate or refuse to revalidate a medicaid provider's	88364
provider agreement;	88365

(3) Suspend or terminate~~, renew, or refuse to renew an~~	88366
~~existing~~a medicaid provider's provider agreement ~~with a provider~~;	88367

~~(2)~~(4) Take any action based upon a final fiscal audit of a	88368
medicaid provider.	88369

~~(C)~~(D) Any party who is adversely affected by the issuance of	88370
an adjudication order under division ~~(B)~~(C) of this section may	88371
appeal to the court of common pleas of Franklin county in	88372
accordance with section 119.12 of the Revised Code.	88373

~~(D)~~(E) The department is not required to comply with division	88374
~~(B)~~(C)(1), (2), or (3) of this section whenever any of the	88375
following occur:	88376

(1) The terms of a provider agreement require the medicaid	88377
provider to hold a license, permit, or certificate or maintain a	88378
certification issued by an official, board, commission,	88379
department, division, bureau, or other agency of state or federal	88380
government other than the department of ~~job and family services~~	88381
medicaid, and the license, permit, certificate, or certification	88382
has been denied, revoked, not renewed, suspended, or otherwise	88383
limited.	88384

(2) The terms of a provider agreement require the medicaid	88385
provider to hold a license, permit, or certificate or maintain	88386
certification issued by an official, board, commission,	88387
department, division, bureau, or other agency of state or federal	88388
government other than the department of ~~job and family services~~	88389
medicaid, and the provider has not obtained the license, permit,	88390
certificate, or certification.	88391

(3) The medicaid provider's application for a provider	88392
agreement is denied, or the provider's provider agreement is	88393
terminated, or not ~~renewed due~~revalidated, because of or	88394
pursuant to ~~the~~any of the following:	88395

(a) The termination, refusal to renew, or denial of a	88396
license, permit, certificate, or certification by an official,	88397
board, commission, department, division, bureau, or other agency	88398
of this state other than the department of ~~job and family services~~	88399
medicaid, notwithstanding the fact that the provider may hold a	88400
license, permit, certificate, or certification from an official,	88401
board, commission, department, division, bureau, or other agency	88402
of another state.	88403

~~(4) The provider agreement is denied, terminated, or not~~	88404
~~renewed pursuant to division (C)~~;	88405

(b) Division (D) or ~~(F)~~(E) of section ~~5111.03~~5164.35 of the	88406
Revised Code.	88407

~~(5) The provider agreement is denied, terminated, or not~~	88408
~~renewed due to the~~;	88409

(c) The provider's termination, suspension, or exclusion from	88410
the medicare program ~~established under Title XVIII of the "Social~~	88411
~~Security Act"~~ or from another state's medicaid program and, in	88412
either case, the termination, suspension, or exclusion is binding	88413
on the provider's participation in the medicaid program in this	88414
state.	88415

~~(6) The provider agreement is denied, terminated, or not~~	88416
~~renewed due to the~~;	88417

(d) The provider's pleading guilty to or being convicted of a	88418
criminal activity materially related to either the medicare or	88419
medicaid program;	88420

(e) The provider or its owner, officer, authorized agent,	88421
associate, manager, or employee having been convicted of one of	88422
the offenses that caused the provider's provider agreement to be	88423
suspended pursuant to section 5164.36 of the Revised Code;	88424

(f) The provider's failure to provide the department the	88425
national provider identifier assigned the provider by the national	88426
provider system pursuant to 45 C.F.R. 162.408.	88427

~~(7)~~(4) The medicaid provider's application for a provider	88428
agreement is denied, or the provider's provider agreement is	88429
terminated, or suspended, as a result of action by the United	88430
States department of health and human services and that action is	88431
binding on the provider's medicaid participation ~~in the medicaid~~	88432
~~program~~.	88433

~~(8)~~(5) Pursuant to either section ~~5111.031~~5164.36 or	88434
~~5111.035~~5164.37 of the Revised Code, the medicaid provider's	88435
provider agreement is suspended and payments to the provider are	88436
suspended pending indictment of the provider.	88437

~~(9) The provider agreement is denied, terminated, or not~~	88438
~~renewed because the provider or its owner, officer, authorized~~	88439
~~agent, associate, manager, or employee has been convicted of one~~	88440
~~of the offenses that caused the provider agreement to be suspended~~	88441
~~pursuant to section 5111.031 of the Revised Code.~~	88442

~~(10)~~(6) The medicaid provider's application for a provider	88443
agreement is denied because the provider's application was not	88444
complete;	88445

(7) The medicaid provider's provider agreement is converted	88446
under section ~~5111.028~~5164.32 of the Revised Code from a	88447
provider agreement that is not time-limited to a provider	88448
agreement that is time-limited.	88449

~~(11) The provider agreement is terminated or an application~~	88450
~~for re-enrollment is denied because the provider has failed to~~	88451
~~apply for re-enrollment within the time or in the manner specified~~	88452
~~for re-enrollment~~(8) Unless the medicaid provider is a nursing	88453
facility or ICF/IID, the provider's provider agreement is not	88454
revalidated pursuant to division (B)(1) of section ~~5111.028~~	88455
5164.32 of the Revised Code.	88456

~~(12)~~(9) The medicaid provider's provider agreement is	88457
suspended or, terminated, or ~~an application for enrollment or~~	88458
~~re-enrollment is denied, for any~~not revalidated because of either	88459
of the following:	88460

(a) Any reason authorized or required by one or more of the	88461
following: 42 C.F.R. 455.106, 455.23, 455.416, 455.434, or	88462
455.450.	88463

~~(13) The provider agreement is terminated or not renewed~~	88464
~~because the~~;	88465

(b) The provider has not billed or otherwise submitted a	88466
medicaid claim ~~to the department~~ for two years or longer.	88467

~~(14) The provider agreement is denied, terminated, or not~~	88468
~~renewed because the provider fails to provide to the department~~	88469
~~the national provider identifier assigned the provider by the~~	88470
~~national provider system pursuant to 45 C.F.R. 162.408.~~	88471

(F) In the case of a medicaid provider described in division	88472
~~(D)(13)~~(E)(3)(f), (6), (7), or ~~(14)~~(9)(b) of this section, the	88473
department may take its ~~proposed~~ action ~~against a provider~~	88474
~~agreement~~ by sending a notice explaining the ~~proposed~~ action to	88475
the provider. The notice shall be sent to the medicaid provider's	88476
address on record with the department. The notice may be sent by	88477
regular mail.	88478

~~(E)~~(G) The department may withhold payments for medicaid	88479
services rendered by a medicaid provider ~~under the medicaid~~	88480
~~program~~ during the pendency of proceedings initiated under	88481
division ~~(B)~~(C)(1), (2), or (3) of this section. If the	88482
proceedings are initiated under division ~~(B)(2)~~(C)(4) of this	88483
section, the department may withhold payments only to the extent	88484
that they equal amounts determined in a final fiscal audit as	88485
being due the state. This division does not apply if the	88486
department fails to comply with section 119.07 of the Revised	88487
Code, requests a continuance of the hearing, or does not issue a	88488
decision within thirty days after the hearing is completed. This	88489
division does not apply to nursing facilities and ~~intermediate~~	88490
~~care facilities for the mentally retarded as defined in section~~	88491
~~5111.20 of the Revised Code~~ICFs/IID.	88492

~~Sec. 5111.062.~~ Sec. 5164.39. In any action taken by the department	88493
of ~~job and family services~~medicaid under section ~~5111.06~~5164.38	88494
or ~~5111.061~~5164.57 of the Revised Code or any other ~~provision of~~	88495
~~this chapter~~state statute governing the medicaid program that	88496
requires the department to give notice of an opportunity for a	88497
hearing in accordance with Chapter 119. of the Revised Code, if	88498
the department gives notice of the opportunity for a hearing but	88499
the medicaid provider or other entity subject to the notice does	88500
not request a hearing or timely request a hearing in accordance	88501
with section 119.07 of the Revised Code, the department is not	88502
required to hold a hearing. The medicaid director ~~of job and~~	88503
~~family service~~ may proceed by issuing a final adjudication order	88504
in accordance with Chapter 119. of the Revised Code.	88505

~~Sec. 5111.05.~~ Sec. 5164.45. (A) The department of ~~job and family~~	88506
~~services~~medicaid may contract with any person or persons as a	88507
fiscal agent for the examination, processing, and determination of	88508
~~medical assistance~~medicaid claims ~~under this chapter~~. The	88509
contracting party may provide any of the following services, as	88510
required by the contract:	88511

(1) Design and operate medicaid management information	88512
systems, including the provision of data processing services;	88513

(2) Determine the amounts of payments to be made upon claims	88514
for ~~medical assistance~~medicaid;	88515

(3) Prepare and furnish to the department lists and computer	88516
tapes of such claims for payment;	88517

(4) In addition to audits which may be conducted by the	88518
department and by the auditor of state, make audits of providers	88519
and the claims of medicaid providers ~~of medical assistance~~	88520
according to the standards set forth in the contract;	88521

(5) Assist medicaid providers ~~of medical assistance~~ in the	88522
development of procedures relating to utilization practices, make	88523
studies of the effectiveness of such procedures and methods for	88524
their improvement, implement and enforce standards of medical	88525
policy, and assist in the application of safeguards against	88526
unnecessary utilization;	88527

(6) Assist any institution, facility, or agency to qualify as	88528
a medicaid provider ~~of medical assistance~~;	88529

(7) Establish and maintain fiscal records for the ~~medical~~	88530
~~assistance~~medicaid program;	88531

(8) Perform statistical and research studies;

88532

(9) Develop and implement programs for ~~medical assistance~~	88533
medicaid cost containment;	88534

(10) Perform such other duties as are necessary to carry out	88535
the ~~medical assistance~~medicaid program.	88536

(B) The department ~~of job and family services~~ may contract	88537
with any person or persons as an insuring agent for the	88538
examination, processing, and determination of ~~medical assistance~~	88539
medicaid claims, as provided in division (A) of this section, and	88540
for the payment of ~~medical assistance~~medicaid claims through an	88541
underwritten program in which the state pays the insuring agent a	88542
monthly premium and the insuring agent pays for ~~medical~~medicaid	88543
services ~~authorized under the state's medical assistance program~~.	88544
The person with whom the department contracts, with respect to the	88545
awarding, provisions, and performance of such contract, shall not	88546
be subject to the provisions of Title XXXIX of the Revised Code or	88547
to regulation by the department of insurance, nor to taxation as	88548
an insurance company pursuant to section 5725.18 or 5729.03 of the	88549
Revised Code. A contract with an insuring agent shall specify the	88550
qualifications, including capital and surplus requirements, and	88551
other conditions with which the insuring agent must comply.	88552

(C) In entering into a contract under this section, the	88553
department, in cooperation with the director of budget and	88554
management, shall determine that the contracting party is	88555
qualified to perform the required services and shall follow	88556
applicable procedures required of the department of administrative	88557
services in sections 125.07 to 125.11 of the Revised Code. A	88558
contract shall be awarded to the bidder who, with due	88559
consideration to the bidder's experience and financial capability,	88560
offers the lowest and best bid to the state for control of the	88561
costs of the ~~medical assistance~~medicaid program consistent with	88562
meeting the obligations under that program for fair and equitable	88563
treatment of medicaid recipients and medicaid providers ~~of medical~~	88564
~~services~~. Any arrangement whereby funds are paid to an insuring or	88565
fiscal agent for administrative functions under this section	88566
shall, for the purposes of section 125.081 of the Revised Code, be	88567
deemed to be a contract or purchase by the department of	88568
administrative services; however, money to be used by an insuring	88569
agent to pay for ~~medical~~medicaid services ~~authorized under the~~	88570
~~state's medical assistance program~~ shall not be deemed a contract	88571
or purchase within the meaning of such section.	88572

~~Sec. 5111.052.~~ Sec. 5164.46. (A) As used in this section,	88573
"electronic claims submission process" means any of the following:	88574

(1) Electronic interchange of data;

88575

(2) Direct entry of data through an internet-based mechanism	88576
implemented by the department of ~~job and family services~~medicaid;	88577

(3) Any other process for the electronic submission of claims	88578
that is specified in rules adopted under ~~this~~ section 5162.02 of	88579
the Revised Code.	88580

(B) Not later than January 1, 2013, and except as provided in	88581
division (C) of this section, each medicaid provider ~~of services~~	88582
~~to medicaid recipients~~ shall do both of the following:	88583

(1) Use only an electronic claims submission process to	88584
submit to the department of ~~job and family services~~medicaid	88585
claims for medicaid ~~reimbursement~~payment for medicaid services	88586
provided to medicaid recipients;	88587

(2) Arrange to receive medicaid ~~reimbursement~~payment from	88588
the department by means of electronic funds transfer.	88589

(C) Division (B) of this section does not apply to any of the	88590
following:	88591

(1) A nursing facility~~, as defined in section 5111.20 of the~~	88592
~~Revised Code~~;	88593

(2) An ~~intermediate care facility for the mentally retarded,~~	88594
~~as defined in section 5111.20 of the Revised Code~~ICF/IID;	88595

(3) A medicaid managed care organization ~~under contract with~~	88596
~~the department pursuant to section 5111.17 of the Revised Code~~;	88597

(4) Any other medicaid provider or type of medicaid provider	88598
designated in rules adopted under ~~this~~ section 5162.02 of the	88599
Revised Code.	88600

(D) The department shall not process a medicaid claim	88601
submitted on or after January 1, 2013, unless the claim is	88602
submitted through an electronic claims submission process in	88603
accordance with this section.	88604

~~(E) The director of job and family services may adopt rules~~	88605
~~in accordance with Chapter 119. of the Revised Code as the~~	88606
~~director considers necessary to implement this section.~~	88607

~~Sec. 5111.054.~~ Sec. 5164.47. (A) As used in this section:

88608

~~(1) "Federal financial participation" means the federal~~	88609
~~government's share of expenditures made by an entity in~~	88610
~~implementing the medicaid program.~~	88611

~~(2)~~, "OCHSPS" means the private, not-for-profit corporation	88612
known as the Ohio children's hospital solutions for patient	88613
safety, which was formed for the purpose of improving pediatric	88614
patient care in this state, which performs functions that are	88615
included within the functions of a peer review committee as	88616
defined in section 2305.25 of the Revised Code, and which consists	88617
of all of the following members: Akron children's hospital,	88618
Cincinnati children's hospital medical center, Cleveland clinic	88619
children's hospital, Dayton children's medical center, mercy	88620
children's hospital, nationwide children's hospital, rainbow	88621
babies & children's hospital, and Toledo children's hospital.	88622

(B) If, as authorized by section ~~5101.10~~5160.10 of the	88623
Revised Code, the ~~department of job and family services~~medicaid	88624
director chooses to contract with a person to perform either or	88625
both of the following services, itthe director may contract with	88626
any qualified person, including OCHSPS, to perform the service or	88627
services on ~~the department's~~ behalf of the department of medicaid:	88628

(1) Review and analyze claims for ~~medical assistance made~~	88629
~~under this chapter~~medicaid services provided to children in	88630
accordance with all state and federal laws governing the	88631
confidentiality of patient-identifying information;	88632

(2) Perform quality assurance and quality review functions,	88633
other than those described in division (B)(1) of this section,	88634
related to ~~medical assistance made under this chapter~~medicaid	88635
services provided to children.	88636

The functions specified in division (B)(2) of this section	88637
may include those recommended by the best evidence for advancing	88638
child health in Ohio now (BEACON) council.	88639

(C) If the ~~department~~director enters into a contract with	88640
OCHSPS for OCHSPS to perform either or both of the services	88641
described in division (B) of this section, OCHSPS shall, only for	88642
purposes of section ~~5101.11~~5160.12 of the Revised Code, be	88643
considered a public entity and the ~~department~~director shall seek	88644
federal financial participation for costs incurred by OCHSPS in	88645
performing the service or services.	88646

~~Sec. 5111.051.~~ Sec. 5164.48. The medicaid director ~~of job and~~	88647
~~family services~~ may ~~submit a medicaid state plan amendment or~~	88648
~~request for a federal waiver to the United States secretary of~~	88649
~~health and human services as necessary to~~ implement~~, at the~~	88650
~~director's discretion,~~ a system under which medicaid payments for	88651
~~medical assistance provided under the~~ medicaid ~~program~~services	88652
are made to an organization on behalf of ~~the~~medicaid providers of	88653
~~the medical assistance~~. The system may not provide for an	88654
organization to receive an amount that exceeds, in aggregate, the	88655
amount the ~~department~~medicaid program would have paid directly to	88656
~~the~~medicaid providers if not for this section.	88657

Sec. 5164.55. The department of medicaid may conduct final	88658
fiscal audits of medicaid providers in accordance with the	88659
applicable requirements set forth in federal laws and regulations	88660
and determine any amounts the provider may owe the state. When	88661
conducting final fiscal audits, the department shall consider	88662
generally accepted auditing standards, which include the use of	88663
statistical sampling.	88664

~~Sec. 5111.022.~~ Sec. 5164.56. Under the medicaid program, any	88665
amount determined to be owed the state by a final fiscal audit	88666
conducted pursuant to ~~division (D) of~~ section ~~5111.021~~5164.55 of	88667
the Revised Code, upon the issuance of an adjudication order	88668
pursuant to Chapter 119. of the Revised Code that contains a	88669
finding that there is a preponderance of the evidence that ~~the~~a	88670
medicaid provider will liquidate assets or file bankruptcy in	88671
order to prevent payment of the amount determined to be owed the	88672
state, becomes a lien upon the real and personal property of the	88673
provider. Upon failure of the provider to pay the amount to the	88674
state, the medicaid director ~~of job and family services~~ shall file	88675
notice of the lien, for which there shall be no charge, in the	88676
office of the county recorder of the county in which it is	88677
ascertained that the provider owns real or personal property. The	88678
director shall notify the provider by mail of the lien, but	88679
absence of proof that the notice was sent does not affect the	88680
validity of the lien. The lien is not valid as against the claim	88681
of any mortgagee, pledgee, purchaser, judgment creditor, or other	88682
lienholder of record at the time the notice is filed.	88683

If the provider acquires real or personal property after	88684
notice of the lien is filed, the lien shall not be valid as	88685
against the claim of any mortgagee, pledgee, subsequent bona fide	88686
purchaser for value, judgment creditor, or other lienholder of	88687
record to such after-acquired property unless the notice of lien	88688
is refiled after the property is acquired by the provider and	88689
before the competing lien attaches to the after-acquired property	88690
or before the conveyance to the subsequent bona fide purchaser for	88691
value.	88692

When the amount has been paid, the provider may record with	88693
the recorder notice of the payment. For recording such notice of	88694
payment, the recorder shall charge and receive from the provider a	88695
base fee of one dollar for services and a housing trust fund fee	88696
of one dollar pursuant to section 317.36 of the Revised Code.	88697

In the event of a distribution of athe provider's assets	88698
pursuant to an order of any court under the law of this state	88699
including any receivership, assignment for benefit of creditors,	88700
adjudicated insolvency, or similar proceedings, amounts then or	88701
thereafter due the state under ~~this chapter~~the medicaid program	88702
have the same priority as provided by law for the payment of taxes	88703
due the state and shall be paid out of the receivership trust fund	88704
or other such trust fund in the same manner as provided for claims	88705
for unpaid taxes due the state.	88706

If the attorney general finds after investigation that any	88707
amount due the state under ~~this chapter~~the medicaid program is	88708
uncollectable, in whole or in part, the attorney general shall	88709
recommend to the director the cancellation of all or part of the	88710
claim. The director may thereupon effect the cancellation.	88711

~~Sec. 5111.061.~~ Sec. 5164.57. (A) As used in this section,	88712
"adjudication" has the same meaning as in section 119.01 of the	88713
Revised Code.	88714

(B)(1) Except as provided in division ~~(A)~~(B)(2) of this	88715
section, the department of ~~job and family services~~medicaid may	88716
recover a medicaid payment or portion of a payment made to a	88717
medicaid provider to which the provider is not entitled if the	88718
department notifies the provider of the overpayment during the	88719
five-year period immediately following the end of the state fiscal	88720
year in which the overpayment was made.	88721

(2) In the case of a hospital medicaid provider, if the	88722
department determines as a result of a medicare or medicaid cost	88723
report settlement that the provider received an amount under the	88724
medicaid program to which the provider is not entitled, the	88725
department may recover the overpayment if the department notifies	88726
the provider of the overpayment during the later of the following:	88727

(a) The five-year period immediately following the end of the	88728
state fiscal year in which the overpayment was made;	88729

(b) The one-year period immediately following the date the	88730
department receives from the United States centers for medicare	88731
and medicaid services a completed, audited, medicare cost report	88732
for the provider that applies to the state fiscal year in which	88733
the overpayment was made.	88734

~~(B)~~(C) Among the overpayments that may be recovered under	88735
this section are the following:	88736

(1) Payment for a medicaid service, or a day of service, not	88737
rendered;	88738

(2) Payment for a day of service at a full per diem rate that	88739
should have been paid at a percentage of the full per diem rate;	88740

(3) Payment for a medicaid service, or day of service, that	88741
was paid by, or partially paid by, a third party, as defined in	88742
section ~~5101.571~~5160.35 of the Revised Code, and the third	88743
party's payment or partial payment was not offset against the	88744
amount paid by the medicaid program to reduce or eliminate the	88745
amount that was paid by the medicaid program;	88746

(4) Payment when a medicaid recipient's responsibility for	88747
payment was understated and resulted in an overpayment to the	88748
provider.	88749

~~(C)~~(D) The department may recover an overpayment under this	88750
section prior to or after any of the following:	88751

(1) Adjudication of a final fiscal audit that section ~~5111.06~~	88752
5164.38 of the Revised Code requires to be conducted in accordance	88753
with Chapter 119. of the Revised Code;	88754

(2) Adjudication of a finding under any other provision of	88755
~~this chapter~~state statutes governing the medicaid program or the	88756
rules adopted under itthose statutes;	88757

(3) Expiration of the time to issue a final fiscal audit that	88758
section ~~5111.06~~5164.38 of the Revised Code requires to be	88759
conducted in accordance with Chapter 119. of the Revised Code;	88760

(4) Expiration of the time to issue a finding under any other	88761
provision of ~~this chapter~~state statutes governing the medicaid	88762
program or the rules adopted under itthose statutes.	88763

~~(D)~~(E)(1) Subject to division ~~(D)~~(E)(2) of this section, the	88764
recovery of an overpayment under this section does not preclude	88765
the department from subsequently doing the following:	88766

(a) Issuing a final fiscal audit in accordance with Chapter	88767
119. of the Revised Code, as required under section ~~5111.06~~	88768
5164.38 of the Revised Code;	88769

(b) Issuing a finding under any other provision of ~~this~~	88770
~~chapter~~state statutes governing the medicaid program or the rules	88771
adopted under itthose statutes.	88772

(2) A final fiscal audit or finding issued subsequent to the	88773
recovery of an overpayment under this section shall be reduced by	88774
the amount of the prior recovery, as appropriate.	88775

~~(E)~~(F) Nothing in this section limits the department's	88776
authority to recover overpayments pursuant to any other provision	88777
of the Revised Code.	88778

~~Sec. 5111.914.~~ Sec. 5164.58. (A) ~~As used in this section,~~	88779
~~"provider" has the same meaning as in section 5111.06 of the~~	88780
~~Revised Code.~~	88781

~~(B)~~ If a state agency that enters into a contract with the	88782
department of ~~job and family services~~medicaid under section	88783
~~5111.91~~5162.35 of the Revised Code identifies that a medicaid	88784
overpayment has been made to a medicaid provider, the state agency	88785
may commence actions to recover the overpayment on behalf of the	88786
department.	88787

~~(C)~~(B) In recovering an overpayment pursuant to this section,	88788
a state agency shall comply with the following procedures:	88789

(1) The state agency shall attempt to recover the overpayment	88790
by notifying the medicaid provider of the overpayment and	88791
requesting voluntary repayment. Not later than five business days	88792
after notifying the medicaid provider, the state agency shall	88793
notify the department in writing of the overpayment. The state	88794
agency may negotiate a settlement of the overpayment and notify	88795
the department of the settlement. A settlement negotiated by the	88796
state agency is not valid and shall not be implemented until the	88797
department has given its written approval of the settlement.	88798

(2) If the state agency is unable to obtain voluntary	88799
repayment of an overpayment, the agency shall give the medicaid	88800
provider notice of an opportunity for a hearing in accordance with	88801
Chapter 119. of the Revised Code. If the medicaid provider timely	88802
requests a hearing in accordance with section 119.07 of the	88803
Revised Code, the state agency shall conduct the hearing to	88804
determine the legal and factual validity of the overpayment. On	88805
completion of the hearing, the state agency shall submit its	88806
hearing officer's report and recommendation and the complete	88807
record of proceedings, including all transcripts, to the medicaid	88808
director ~~of job and family services~~ for final adjudication. The	88809
director may issue a final adjudication order in accordance with	88810
Chapter 119. of the Revised Code. The state agency shall pay any	88811
attorney's fees imposed under section 119.092 of the Revised Code.	88812
The department of ~~job and family services~~medicaid shall pay any	88813
attorney's fees imposed under section 2335.39 of the Revised Code.	88814

~~(D)~~(C) In any action taken by a state agency under this	88815
section that requires the agency to give notice of an opportunity	88816
for a hearing in accordance with Chapter 119. of the Revised Code,	88817
if the agency gives notice of the opportunity for a hearing but	88818
the medicaid provider subject to the notice does not request a	88819
hearing or timely request a hearing in accordance with section	88820
119.07 of the Revised Code, the agency is not required to hold a	88821
hearing. The agency may request that the medicaid director ~~of job~~	88822
~~and family services~~ issue a final adjudication order in accordance	88823
with Chapter 119. of the Revised Code.	88824

~~(E)~~(D) This section does not preclude the department of ~~job~~	88825
~~and family services~~medicaid from adjudicating a final fiscal	88826
audit under section ~~5111.06~~5164.38 of the Revised Code,	88827
recovering overpayments under section ~~5111.061~~5164.57 of the	88828
Revised Code, or making findings or taking other actions	88829
authorized by ~~this chapter~~state statutes governing the medicaid	88830
program.	88831

Sec. 5164.59. The department of medicaid may deduct from	88832
medicaid payments for medicaid services rendered by a medicaid	88833
provider any amounts the provider owes the state as the result of	88834
incorrect medicaid payments the department has made to the	88835
provider.	88836

Sec. 5164.60. Any medicaid provider who, without intent,	88837
obtains payments under the medicaid program in excess of the	88838
amount to which the provider is entitled is liable for payment of	88839
interest on the amount of the excess payments at the maximum	88840
interest rate allowable for real estate mortgages under section	88841
1343.01 of the Revised Code on the date the payment was made to	88842
the provider for the period from the date on which payment was	88843
made to the date on which repayment is made to the state.	88844

Sec. 5164.61. The authority, under state and federal law, of	88845
the department of medicaid or a county department of job and	88846
family services to recover excess medicaid payments made to a	88847
medicaid provider is not limited by the availability of remedies	88848
under sections 5162.21 and 5162.23 of the Revised Code for	88849
recovering benefits paid on behalf of medicaid recipients.	88850

~~Sec. 5111.021.~~ Sec. 5164.70. ~~Under the medicaid program:~~

88851

~~(A)~~ Except as otherwise required by federal statute or	88852
regulation, ~~the department of job and family services shall not~~	88853
~~reimburse a medical provider~~no medicaid payment for any ~~medical~~	88854
~~assistance rendered under the program an amount that exceeds~~	88855
medicaid service shall exceed the following:	88856

~~(1)~~(A) If the medicaid provider is a hospital, nursing	88857
facility, or ~~intermediate care facility for the mentally retarded~~	88858
ICF/IID, the limits established under Subpart C of 42 C.F.R. Part	88859
447;	88860

~~(2)~~(B) If the medicaid provider is other than a provider	88861
described in division (A)~~(1)~~ of this section, the authorized	88862
~~reimbursement~~payment limits for the same service under the	88863
medicare program ~~established under Title XVIII of the "Social~~	88864
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended~~.	88865

~~(B) Reimbursement for freestanding medical laboratory charges~~	88866
~~shall not exceed the customary and usual fee for laboratory~~	88867
~~profiles.~~	88868

~~(C) The department may deduct from payments for services~~	88869
~~rendered by a medicaid provider under the medicaid program any~~	88870
~~amounts the provider owes the state as the result of incorrect~~	88871
~~medicaid payments the department has made to the provider.~~	88872

~~(D) The department may conduct final fiscal audits in~~	88873
~~accordance with the applicable requirements set forth in federal~~	88874
~~laws and regulations and determine any amounts the provider may~~	88875
~~owe the state. When conducting final fiscal audits, the department~~	88876
~~shall consider generally accepted auditing standards, which~~	88877
~~include the use of statistical sampling.~~	88878

~~(E) The number of days of inpatient hospital care for which~~	88879
~~reimbursement is made on behalf of a medicaid recipient to a~~	88880
~~hospital that is not paid under a diagnostic-related-group~~	88881
~~prospective payment system shall not exceed thirty days during a~~	88882
~~period beginning on the day of the recipient's admission to the~~	88883
~~hospital and ending sixty days after the termination of that~~	88884
~~hospital stay, except that the department may make exceptions to~~	88885
~~this limitation. The limitation does not apply to children~~	88886
~~participating in the program for medically handicapped children~~	88887
~~established under section 3701.023 of the Revised Code.~~	88888

~~(F) The division of any reimbursement between a collaborating~~	88889
~~physician or podiatrist and a clinical nurse specialist, certified~~	88890
~~nurse-midwife, or certified nurse practitioner for services~~	88891
~~performed by the nurse shall be determined and agreed on by the~~	88892
~~nurse and collaborating physician or podiatrist. In no case shall~~	88893
~~reimbursement exceed the payment that the physician or podiatrist~~	88894
~~would have received had the physician or podiatrist provided the~~	88895
~~entire service.~~	88896

Sec. 5164.71. Medicaid payments for freestanding medical	88897
laboratory charges shall not exceed the customary and usual fee	88898
for laboratory profiles.	88899

Sec. 5164.72. The number of days of inpatient hospital care	88900
for which a medicaid payment is made on behalf of a medicaid	88901
recipient to a hospital that is not paid under a	88902
diagnostic-related-group prospective payment system shall not	88903
exceed thirty days during a period beginning on the day of the	88904
recipient's admission to the hospital and ending sixty days after	88905
the termination of that hospital stay, except that the department	88906
of medicaid may make exceptions to this limitation. The limitation	88907
does not apply to children participating in the program for	88908
medically handicapped children established under section 3701.023	88909
of the Revised Code.	88910

Sec. 5164.73. The division of any medicaid payment between a	88911
collaborating physician or podiatrist and a clinical nurse	88912
specialist, certified nurse-midwife, or certified nurse	88913
practitioner for services performed by the nurse shall be	88914
determined and agreed on by the nurse and collaborating physician	88915
or podiatrist. In no case shall the medicaid payment exceed the	88916
medicaid payment that the physician or podiatrist would have	88917
received had the physician or podiatrist provided the entire	88918
service.	88919

~~Sec. 5111.19.~~ Sec. 5164.74. The medicaid director ~~of job and~~	88920
~~family services~~ shall adopt rules under section 5164.02 of the	88921
Revised Code governing the calculation and payment of, and the	88922
allocation of payments for, graduate medical education costs	88923
associated with medicaid services rendered to medicaid recipients	88924
~~after June 30, 1994~~. Subject to section ~~5111.191~~5164.741 of the	88925
Revised Code, the rules shall provide for ~~reimbursement~~payment	88926
of graduate medical education costs associated with medicaid	88927
services rendered to medicaid recipients, including recipients	88928
enrolled in a medicaid managed care organization ~~under contract~~	88929
~~with the department~~ ~~office~~ ~~under section 5111.17 of the Revised~~	88930
~~Code~~, that the department of medicaid determines are allowable and	88931
reasonable.	88932

~~If the department requires a managed care organization to pay~~	88933
~~a provider for graduate medical education costs associated with~~	88934
~~the delivery of services to medicaid recipients enrolled in the~~	88935
~~organization, the department shall include in its payment to the~~	88936
~~organization an amount sufficient for the organization to pay such~~	88937
~~costs. If the department does not include in its payments to the~~	88938
~~managed care organization amounts for graduate medical education~~	88939
~~costs of providers, all of the following apply:~~	88940

~~(A) Except as provided in section 5111.191 of the Revised~~	88941
~~Code, the department shall pay the provider for graduate medical~~	88942
~~education costs associated with the delivery of services to~~	88943
~~medicaid recipients enrolled in the organization;~~	88944

~~(B) No provider shall seek reimbursement from the~~	88945
~~organization for such costs;~~	88946

~~(C) The organization is not required to pay providers for~~	88947
~~such costs.~~	88948

~~Sec. 5111.191.~~ Sec. 5164.741. (A) Except as provided in division	88949
(B) of this section, the department of ~~job and family services~~	88950
medicaid may deny medicaid payment to a hospital for direct	88951
graduate medical education costs associated with the delivery of	88952
medicaid services to any medicaid recipient if the hospital	88953
refuses without good cause to contract with a medicaid managed	88954
care organization that ~~serves participants in the care management~~	88955
~~system established under section 5111.16 of the Revised Code who~~	88956
~~are required to be enrolled in a managed care organization and the~~	88957
~~managed care organization~~ serves the area in which the hospital is	88958
located.	88959

(B) A hospital is not subject to division (A) of this section	88960
if all of the following are the case:	88961

(1) The hospital is located in a county in which participants	88962
in the care management system are required before January 1, 2006,	88963
to be enrolled in a medicaid managed care organization that is a	88964
health insuring corporation.	88965

(2) The hospital has entered into a contract before January	88966
1, 2006, with at least one health insuring corporation serving the	88967
participants specified in division (B)(1) of this section.	88968

(3) The hospital remains under contract with at least one	88969
health insuring corporation serving participants in the care	88970
management system who are required to be enrolled in a health	88971
insuring corporation.	88972

(C) The medicaid director ~~of job and family services~~ shall	88973
specify in the rules adopted under section ~~5111.19~~5164.02 of the	88974
Revised Code what constitutes good cause for a hospital to refuse	88975
to contract with a medicaid managed care organization.	88976

~~Sec. 5111.086.~~ Sec. 5164.75. As used in this section, "federal	88977
upper reimbursement limit" means the limit established pursuant to	88978
~~section 1927(e) of~~ the "Social Security Act," ~~104 Stat. 1388-151~~	88979
~~(1990)~~section 1927(e), 42 U.S.C. 1396r-8(e)~~, as amended~~.	88980

The medicaid payment for a drug that is subject to a federal	88981
upper reimbursement limit shall not exceed, in the aggregate, the	88982
federal upper reimbursement limit for the drug. ~~The director of~~	88983
~~job and family services shall adopt rules under section 5111.02 of~~	88984
~~the Revised Code as necessary to implement this section.~~	88985

~~Sec. 5111.082.~~ Sec. 5164.751. (A) As used in this section:

88986

(1) "State maximum allowable cost" means the per unit amount	88987
the ~~department of job and family services reimburses~~medicaid	88988
program pays a terminal distributor of dangerous drugs for a	88989
prescription drug included in the state maximum allowable cost	88990
program established under division (B) of this section. "State	88991
maximum allowable cost" excludes dispensing fees and copayments,	88992
coinsurance, or other cost-sharing charges, if any.	88993

(2) "Terminal distributor of dangerous drugs" has the same	88994
meaning as in section 4729.01 of the Revised Code.	88995

(B) The medicaid director ~~of job and family services~~ shall	88996
establish a state maximum allowable cost program for purposes of	88997
managing ~~reimbursement~~medicaid payments to terminal distributors	88998
of dangerous drugs for prescription drugs identified by the	88999
director pursuant to this division. The director shall do all of	89000
the following with respect to the program:	89001

(1) Identify and create a list of prescription drugs to be	89002
included in the program.	89003

(2) Update the list of prescription drugs described in	89004
division (B)(1) of this section on a weekly basis.	89005

(3) Review the state maximum allowable cost for each drug	89006
included on the list described in division (B)(1) of this section	89007
on a weekly basis.	89008

~~(C) The director may adopt rules in accordance with Chapter~~	89009
~~119. of the Revised Code to implement this section.~~	89010

~~Sec. 5111.07.~~ Sec. 5164.752. ~~Commencing in~~(A) As used in this	89011
section and section 5164.753 of the Revised Code, "terminal	89012
distributor of dangerous drugs" has the same meaning as in section	89013
4729.01 of the Revised Code.	89014

(B) In July~~, 1986, and~~of every ~~second July thereafter~~	89015
even-numbered year, the department of ~~job and family services~~	89016
medicaid shall initiate a ~~private~~confidential survey of ~~retail~~	89017
~~pharmacy operations~~the cost of dispensing drugs incurred by	89018
terminal distributors of dangerous drugs in ~~the~~this state. The	89019
survey shall be used as the basis for establishing ~~a current~~	89020
~~maximum~~the medicaid program's dispensing fee for ~~licensed~~	89021
~~pharmacists who are providers of drugs under this chapter. The~~	89022
terminal distributors in accordance with section 5164.753 of the	89023
Revised Code. The survey shall be completed and its results	89024
published not later than the last day of October of the year in	89025
which it is conducted.	89026

Each terminal distributor that is a provider of drugs under	89027
the medicaid program shall participate in the survey. Except as	89028
necessary to publish the survey's results, a terminal	89029
distributor's responses to the survey are confidential and not a	89030
public record under section 149.43 of the Revised Code.	89031

The survey shall be conducted in conformance with the	89032
requirements set forth in 42 C.F.R. ~~447.331 through 447.333, as~~	89033
~~amended or superseded, and~~447.500 to 447.518. The survey shall	89034
include operational data and direct prescription expenses,	89035
professional services and personnel costs, and usual and	89036
customary overhead expenses~~, and profit data~~ of the ~~retail~~	89037
~~pharmacies~~terminal distributors surveyed. The ~~survey shall be~~	89038
~~completed and its results published no later than the last day of~~	89039
~~October of the year in which the survey is conducted, and the~~	89040
survey shall compute and report the cost of dispensing ~~fees~~ on a	89041
basis of the usual and customary charges by ~~retail pharmacies~~	89042
terminal distributors to their customers for dispensing drugs. ~~The~~	89043
~~director of job and family services shall take into account the~~	89044
~~results of the survey in establishing a dispensing fee.~~	89045

~~Sec. 5111.071.~~ Sec. 5164.753. ~~Commencing in~~In December~~, 1986, and~~	89046
of every ~~second December thereafter~~even-numbered year, the	89047
medicaid director ~~of job and family services~~ shall establish a	89048
dispensing fee, effective the following ~~January~~July, for ~~licensed~~	89049
~~pharmacists~~terminal distributors of dangerous drugs who are	89050
providers of drugs under ~~this chapter~~the medicaid program. ~~The~~In	89051
establishing the dispensing fee, the director shall take into	89052
consideration the results of the survey conducted under section	89053
~~5111.07~~5164.752 of the Revised Code and the extent to which each	89054
terminal distributor participates in the medicaid program as a	89055
provider of drugs.	89056

~~Sec. 5111.0114.~~ Sec. 5164.754. (A) As used in this section,	89057
"dangerous drug" and "manufacturer of dangerous drugs" have the	89058
same meaning as in section 4729.01 of the Revised Code.	89059

(B) The medicaid director ~~of job and family services~~ may	89060
enter into or administer an agreement or cooperative arrangement	89061
with other states to create or join a multiple-state prescription	89062
drug purchasing program for the purpose of negotiating with	89063
manufacturers of dangerous drugs to receive discounts or rebates	89064
for dangerous drugs ~~dispensed under~~covered by the medicaid	89065
program.	89066

~~Sec. 5111.081.~~ Sec. 5164.755. The medicaid director ~~of job and~~	89067
~~family services~~, in rules adopted under section ~~5111.02~~5164.02 of	89068
the Revised Code, may establish and implement a supplemental drug	89069
rebate program under which drug manufacturers may be required to	89070
provide the department of ~~job and family services~~medicaid a	89071
supplemental rebate as a condition of having the drug	89072
manufacturers' drug products covered by the medicaid program	89073
without prior approval. The department may receive a supplemental	89074
rebate negotiated under the program for a drug dispensed to a	89075
medicaid recipient pursuant to a prescription or a drug purchased	89076
by a medicaid provider for administration to a medicaid recipient	89077
in the provider's primary place of business. ~~If necessary, the~~	89078
~~director may apply to the United States secretary of health and~~	89079
~~human services for a waiver of federal statutes and regulations to~~	89080
~~establish the supplemental drug rebate program.~~	89081

If the director establishes a supplemental drug rebate	89082
program, the director shall consult with drug manufacturers	89083
regarding the establishment and implementation of the program.	89084

~~Sec. 5101.31.~~ Sec. 5164.756. Any record, data, pricing information,	89085
or other information regarding a drug rebate agreement or a	89086
supplemental drug rebate agreement for the medicaid program	89087
~~established under Chapter 5111. of the Revised Code~~ that the	89088
department of ~~job and family services~~medicaid receives from a	89089
pharmaceutical manufacturer or creates pursuant to negotiation of	89090
the agreement is not a public record under section 149.43 of the	89091
Revised Code and shall be treated by the department as	89092
confidential information.	89093

~~Sec. 5111.083.~~ Sec. 5164.757. (A) As used in this section,	89094
"licensed health professional authorized to prescribe drugs" has	89095
the same meaning as in section 4729.01 of the Revised Code.	89096

(B) The medicaid director ~~of job and family services~~ may	89097
~~establish an~~acquire or specify technologies to provide	89098
information regarding medicaid recipient eligibility, claims	89099
history, and drug coverage to medicaid providers through	89100
electronic health record and e-prescribing ~~system for the~~	89101
~~medicaid program under which~~applications.	89102

If such technologies are acquired or specified, the	89103
e-prescribing applications shall enable a medicaid provider who	89104
is a licensed health professional authorized to prescribe drugs	89105
~~shall~~to use an electronic system to prescribe a drug for a	89106
medicaid recipient ~~when required to do so by division (C) of this~~	89107
~~section~~. The ~~e-prescribing~~purpose of the electronic system ~~shall~~	89108
is to eliminate the need for such medicaid providers to ~~make~~issue	89109
prescriptions for medicaid recipients by handwriting or telephone.	89110
The ~~e-prescribing system~~technologies acquired or specified by the	89111
director also shall provide such medicaid providers with an	89112
up-to-date, clinically relevant drug information database and a	89113
system of electronically monitoring medicaid recipients' medical	89114
history, drug regimen compliance, and fraud and abuse.	89115

~~(C) If the director establishes an e-prescribing system under~~	89116
~~division (B) of this section, the director shall do all of the~~	89117
~~following:~~	89118

~~(1) Require that a medicaid provider who is a licensed health~~	89119
~~professional authorized to prescribe drugs use the e-prescribing~~	89120
~~system during a fiscal year if the medicaid provider was one of~~	89121
~~the ten medicaid providers who, during the calendar year that~~	89122
~~precedes that fiscal year, issued the most prescriptions for~~	89123
~~medicaid recipients receiving hospital services;~~	89124

~~(2) Before the beginning of each fiscal year, determine the~~	89125
~~ten medicaid providers that issued the most prescriptions for~~	89126
~~medicaid recipients receiving hospital services during the~~	89127
~~calendar year that precedes the upcoming fiscal year and notify~~	89128
~~those medicaid providers that they must use the e-prescribing~~	89129
~~system for the upcoming fiscal year;~~	89130

~~(3) Seek the most federal financial participation available~~	89131
~~for the development and implementation of the e-prescribing~~	89132
~~system.~~	89133

~~Sec. 5111.085.~~ Sec. 5164.758. ~~Not later than July 1, 2012, the~~	89134
~~department of job and family services~~The medicaid director shall	89135
adopt rules ~~in accordance with Chapter 119.~~under section 5164.02	89136
of the Revised Code to implement a coordinated services program	89137
for medicaid recipients who are found to have obtained	89138
prescription drugs under the medicaid program at a frequency or in	89139
an amount that is not medically necessary. The program shall be	89140
implemented in a manner that is consistent with ~~section~~	89141
~~1915(a)(2) of~~ the "Social Security Act," ~~95 Stat. 810 (1981)~~	89142
section 1915(a)(2), 42 U.S.C. 1396n(a)(2), ~~as amended,~~ and 42	89143
C.F.R. 431.54(e).	89144

~~Sec. 5111.08.~~ Sec. 5164.759. In accordance with ~~subsection (g) of~~	89145
~~section 1927 of~~ the "Social Security Act," ~~49 Stat. 320 (1935)~~	89146
section 1927(g), 42 U.S.C.A. 1396r-8(g), ~~as amended,~~ the	89147
department of ~~job and family services~~medicaid shall establish an	89148
outpatient drug use review program to assure that prescriptions	89149
obtained by medicaid recipients ~~of medical assistance under this~~	89150
~~chapter~~ are appropriate, medically necessary, and unlikely to	89151
cause adverse medical results.	89152

~~Sec. 5111.084.~~ Sec. 5164.7510. (A) There is hereby established the	89153
pharmacy and therapeutics committee of the department of ~~job and~~	89154
~~family services~~medicaid. The committee shall assist the	89155
department with developing and maintaining a preferred drug list	89156
for the medicaid program.	89157

The committee shall review and recommend to the medicaid	89158
director ~~of job and family services~~ the drugs that should be	89159
included on the preferred drug list. The recommendations shall be	89160
made based on the evaluation of competent evidence regarding the	89161
relative safety, efficacy, and effectiveness of prescription drugs	89162
within a class or classes of prescription drugs.	89163

(B) The committee shall consist of ten members and shall be	89164
appointed by the medicaid director ~~of job and family services~~. The	89165
director shall seek recommendations for membership from relevant	89166
professional organizations. A candidate for membership recommended	89167
by a professional organization shall have professional experience	89168
working with medicaid recipients.	89169

The membership of the committee shall include:

89170

(1) Three pharmacists licensed under Chapter 4729. of the	89171
Revised Code;	89172

(2) Two doctors of medicine and two doctors of osteopathy who	89173
hold certificates to practice issued under Chapter 4731. of the	89174
Revised Code, one of whom is a family practice physician;	89175

(3) A registered nurse licensed under Chapter 4723. of the	89176
Revised Code;	89177

(4) A pharmacologist who has a doctoral degree;

89178

(5) A psychiatrist who holds a certificate to practice issued	89179
under Chapter 4731. of the Revised Code and specializes in	89180
psychiatry.	89181

(C) The committee shall elect from among its members a	89182
chairperson. Five committee members constitute a quorum.	89183

The committee shall establish guidelines necessary for the	89184
committee's operation.	89185

The committee may establish one or more subcommittees to	89186
investigate and analyze issues consistent with the duties of the	89187
committee under this section. The subcommittees may submit	89188
proposals regarding the issues to the committee and the committee	89189
may adopt, reject, or modify the proposals.	89190

A vote by a majority of a quorum is necessary to make	89191
recommendations to the director. In the case of a tie, the	89192
chairperson shall decide the outcome.	89193

(D) The director shall act on the committee's recommendations	89194
not later than thirty days after the recommendation is posted on	89195
the department's web site under division (F) of this section. If	89196
the director does not accept a recommendation of the committee,	89197
the director shall present the basis for this determination not	89198
later than fourteen days after making the determination or at the	89199
next scheduled meeting of the committee, whichever is sooner.	89200

(E) An interested party may request, and shall be permitted,	89201
to make a presentation or submit written materials to the	89202
committee during a committee meeting. The presentation or other	89203
materials shall be relevant to an issue under consideration by the	89204
committee and any written material, including a transcript of	89205
testimony to be given on the day of the meeting, may be submitted	89206
to the committee in advance of the meeting.	89207

(F) The department shall post the following on the	89208
department's web site:	89209

(1) Guidelines established by the committee under division	89210
(C) of this section;	89211

(2) A detailed committee agenda not later than fourteen days	89212
prior to the date of a regularly scheduled meeting and not later	89213
than seventy-two hours prior to the date of a special meeting	89214
called by the committee;	89215

(3) Committee recommendations not later than seven days after	89216
the meeting at which the recommendation was approved;	89217

(4) The director's final determination as to the	89218
recommendations made by the committee under this section.	89219

~~Sec. 5111.025.~~ Sec. 5164.76. (A) In rules adopted under section	89220
~~5111.02~~5164.02 of the Revised Code, the medicaid director ~~of job~~	89221
~~and family services~~ shall modify the manner or establish a new	89222
manner in which the following are paid under medicaid:	89223

(1) Community mental health ~~agencies~~service providers or	89224
facilities for providing community mental health services ~~included~~	89225
incovered by the ~~state~~ medicaid ~~plan~~program pursuant to section	89226
~~5111.023~~5164.15 of the Revised Code;	89227

(2) Providers of alcohol and drug addiction services for	89228
providing alcohol and drug addiction services ~~included in~~covered	89229
by the medicaid program ~~pursuant to rules adopted under section~~	89230
~~5111.02 of the Revised Code~~.	89231

(B) The director's authority to modify the manner, or to	89232
establish a new manner, for medicaid to pay for the services	89233
specified in division (A) of this section is not limited by any	89234
rules adopted under section ~~5111.02 or 5119.61~~5119.22 or 5164.02	89235
of the Revised Code that are in effect on June 26, 2003, and	89236
govern the way medicaid pays for those services. This is the case	89237
regardless of what state agency adopted the rules.	89238

~~Sec. 5111.0213.~~ Sec. 5164.77. (A) As used in this section:

89239

(1) "Aide services" means all of the following:

89240

(a) Home health aide services available under the home health	89241
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	89242

(b) Home care attendant services available under a home and	89243
community-based services medicaid waiver component;	89244

(c) Personal care aide services available under a home and	89245
community-based services medicaid waiver component.	89246

(2) ~~"Home and community-based services medicaid waiver~~	89247
~~component" has the same meaning as in section 5111.85 of the~~	89248
~~Revised Code.~~	89249

~~(3)~~ "Independent provider" means an individual who personally	89250
provides aide services or nursing services and is not employed by,	89251
under contract with, or affiliated with another entity that	89252
provides those services.	89253

~~(4)~~(3) "Nursing services" means all of the following:

89254

(a) Nursing services available under the home health services	89255
benefit pursuant to 42 C.F.R. 440.70(b)(1);	89256

(b) Private duty nursing services as defined in 42 C.F.R.	89257
440.80;	89258

(c) Nursing services available under a home and	89259
community-based services medicaid waiver component.	89260

(B) The department of ~~job and family services~~medicaid shall	89261
do ~~both~~all of the following:	89262

(1) Effective October 1, 2011, reduce the medicaid program's	89263
first-hour-unit price for aide services to ninety-seven per cent	89264
of the price paid on June 30, 2011, and for nursing services to	89265
ninety-five per cent of the price paid on June 30, 2011;	89266

(2) Effective October 1, 2011, pay for a service that is an	89267
aide service or a nursing service provided by an independent	89268
provider eighty per cent of the price it pays for the same service	89269
provided by a provider that is not an independent provider;	89270

(3) Not sooner than July 1, 2012, adjust the medicaid	89271
~~reimbursement~~payment rates for aide services and nursing services	89272
in a manner that reflects, at a minimum, labor market data,	89273
education and licensure status, home health agency and independent	89274
provider status, and length of service visit.	89275

(C) The department shall strive to have the adjustment made	89276
under division (B)(3) of this section go into effect on July 1,	89277
2012. The reductions made under divisions (B)(1) and (2) of this	89278
section shall remain in effect until the adjustment made under	89279
division (B)(3) of this section goes into effect.	89280

~~(D) The director of job and family services shall adopt rules~~	89281
~~under sections 5111.02 and 5111.85 of the Revised Code as~~	89282
~~necessary to implement this section.~~	89283

~~Sec. 5111.0212.~~ Sec. 5164.80. As necessary to comply with ~~section~~	89284
~~1902(a)(13)(A) of~~ the "Social Security Act," ~~111 Stat. 507 (1997)~~	89285
section 1902(a)(13)(A), 42 U.S.C. 1396a(a)(13)(A), ~~as amended,~~ and	89286
any other federal law that requires public notice of proposed	89287
changes to ~~reimbursement~~payment rates for ~~medical assistance~~	89288
~~provided under the~~ medicaid ~~program~~services, the medicaid	89289
director ~~of job and family services~~ shall give public notice in	89290
the register of Ohio of any change to a method or standard used to	89291
determine the medicaid ~~reimbursement~~payment rate for ~~medical~~	89292
~~assistance~~a medicaid service.	89293

~~Sec. 5111.0214.~~ Sec. 5164.82. The department of ~~job and family~~	89294
~~services~~medicaid shall not knowingly make a medicaid payment for	89295
a provider-preventable condition for which federal financial	89296
participation is prohibited by regulations adopted under ~~section~~	89297
~~2702 of~~ the "Patient Protection and Affordable Care Act," ~~124~~	89298
~~Stat. 318 (2010)~~section 2702, 42 U.S.C. 1396b-1. ~~The director of~~	89299
~~job and family services shall adopt rules under section 5111.02 of~~	89300
~~the Revised Code as necessary to implement this section.~~	89301

Sec. 5164.83. (A) As used in this section:

89302

(1) "Core competencies," "direct care services," and "direct	89303
care worker" have the same meanings as in section 191.061 of the	89304
Revised Code.	89305

(2) "Direct payment" means payment by the medicaid program	89306
for direct care services provided by a direct care worker to a	89307
medicaid recipient that is delivered directly to the worker.	89308

(3) "Indirect payment" means payment by the medicaid program	89309
for direct care services provided by a direct care worker to a	89310
medicaid recipient that is delivered to a third party but later	89311
transferred to the worker.	89312

(B) The department of medicaid shall not do either of the	89313
following unless a direct care worker demonstrates core	89314
competencies in accordance with section 191.061 of the Revised	89315
Code:	89316

(1) Permit a direct or indirect payment to be made to the	89317
worker for a direct care service provided by the worker on or	89318
after October 1, 2015;	89319

(2) Enter into a provider agreement with the direct care	89320
worker on or after October 1, 2015.	89321

~~Sec. 5111.13.~~ Sec. 5164.85. (A) As used in this section,	89322
"cost-effective" and "group health plan" have the same meanings as	89323
in ~~section 1906 of~~ the "Social Security Act," ~~104 Stat. 1388-161~~	89324
~~(1990)~~section 1906, 42 U.S.C. 1396e, ~~as amended,~~ and any	89325
regulations adopted under that section.	89326

(B) The department of ~~job and family services~~medicaid may	89327
~~submit a medicaid state plan amendment to the United States~~	89328
~~secretary of health and human services for the purpose of~~	89329
~~implementing~~implement a program pursuant to ~~section 1906 of~~ the	89330
"Social Security Act," ~~104 Stat. 1388-161 (1990)~~section 1906, 42	89331
U.S.C. 1396e, ~~as amended,~~ for the enrollment of medicaid-eligible	89332
individuals in group health plans when the department determines	89333
that enrollment is cost-effective.	89334

~~(C) The director of job and family services may adopt rules~~	89335
~~in accordance with Chapter 119. of the Revised Code as necessary~~	89336
~~to implement this section.~~	89337

~~Sec. 5111.18.~~ Sec. 5164.86. ~~Not later than September 1, 2007, the~~	89338
The medicaid director ~~of job and family services~~ shall establish	89339
a qualified state long-term care insurance partnership program	89340
consistent with the definition of that term in the "Social	89341
Security Act," section 1917(b)(1)(C)(iii), 42 U.S.C.	89342
1396p(b)(1)(C)(iii). An individual participating in the program	89343
who is subject to the medicaid estate recovery program instituted	89344
under section ~~5111.11~~5162.21 of the Revised Code shall be	89345
eligible for the reduced adjustment or recovery under division (D)	89346
of that section.	89347

~~The director of job and family services may adopt rules in~~	89348
~~accordance with Chapter 119. of the Revised Code as necessary to~~	89349
~~implement this section.~~	89350

~~Sec. 5111.14.~~ Sec. 5164.88. The medicaid director ~~of job and family~~	89351
~~services~~ may ~~submit to the United States secretary of health and~~	89352
~~human services an amendment to the medicaid state plan in order to~~	89353
implement within the medicaid program a system under which	89354
medicaid recipients with chronic conditions are provided with	89355
coordinated care through health homes, as authorized by ~~section~~	89356
~~1945 of~~ the "Social Security Act," ~~124 Stat. 319 (2010)~~section	89357
1945, 42 U.S.C. 1396w-4.	89358

~~The director may adopt rules under section 5111.02 of the~~	89359
~~Revised Code to implement this section.~~	89360

~~Sec. 5111.141.~~ Sec. 5164.89. The department of ~~job and family~~	89361
~~services~~medicaid may require county departments of job and	89362
family services to provide case management of nonemergency	89363
transportation services provided under the ~~medical assistance~~	89364
medicaid program. County departments shall provide the case	89365
management if required by the department in accordance with rules	89366
adopted ~~by the director of job and family services~~under section	89367
5164.02 of the Revised Code.	89368

The department shall determine, for the purposes of claiming	89369
federal ~~reimbursement under the medical assistance program~~	89370
financial participation, whether it will claim expenditures for	89371
nonemergency transportation services as administrative or program	89372
expenditures.	89373

~~Sec. 5111.96.~~ Sec. 5164.90. (A) As used in this section, "MFP	89374
demonstration project" means a money follows the person	89375
demonstration project that the United States secretary of health	89376
and human services is authorized to award under section 6071 of	89377
the "Deficit Reduction Act of 2005" (Pub. L. No. 109-171, as	89378
amended).	89379

(B) To the extent funds are available under an MFP	89380
demonstration project awarded to the department of ~~job and family~~	89381
~~services~~medicaid, the director of ~~job and family services~~	89382
medicaid may operate the helping Ohioans move, expanding (HOME)	89383
choice demonstration component of the medicaid program to	89384
transition medicaid recipients who qualify for the demonstration	89385
component to community settings. ~~The director may adopt rules in~~	89386
~~accordance with Chapter 119. of the Revised Code for the~~	89387
~~administration and operation of the demonstration component.~~	89388

~~Sec. 5111.981.~~ Sec. 5164.91. ~~(A) As used in this section and~~	89389
~~section 5111.982 of the Revised Code:~~	89390

~~"Dual eligible individual" has the same meaning as in the~~	89391
~~"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.~~	89392
~~1396n(h)(2)(B).~~	89393

~~"Medicare" means the program created in the "Social Security~~	89394
~~Act," Title XVIII, 42 U.S.C. 1395 et seq., as amended.~~	89395

~~(B) Subject to division (C) of this section, the medical~~	89396
~~assistance~~The medicaid director may implement a demonstration	89397
project called the integrated care delivery system to test and	89398
evaluate the integration of the care that dual eligible	89399
individuals receive under medicare and medicaid. No provision of	89400
Title LI of the Revised Code applies to the integrated care	89401
delivery system if that provision implements or incorporates a	89402
provision of federal law governing medicaid and that provision of	89403
federal law does not apply to the system.	89404

~~(C) Before implementing the integrated care delivery system~~	89405
~~under division (B) of this section, the director shall obtain the~~	89406
~~approval of the United States secretary of health and human~~	89407
~~services in the form of a federal medicaid waiver, medicaid state~~	89408
~~plan amendment, or demonstration grant. The director is required~~	89409
~~to seek the federal approval only if the director seeks to~~	89410
~~implement the integrated care delivery system. The director shall~~	89411
~~implement the integrated care delivery system in accordance with~~	89412
~~the terms of the federal approval, including the terms regarding~~	89413
~~the duration of the system.~~	89414

~~Sec. 5111.0210.~~ Sec. 5164.92. As used in this section, "advanced	89415
diagnostic imaging services" means magnetic resonance imaging	89416
services, computed tomography services, positron emission	89417
tomography services, cardiac nuclear medicine services, and	89418
similar imaging services.	89419

~~Not later than January 1, 2010, the~~The department of ~~job and~~	89420
~~family services~~medicaid shall implement evidence-based, best	89421
practice guidelines or protocols and decision support tools for	89422
advanced diagnostic imaging services ~~available under~~covered by	89423
the fee-for-service component of the medicaid program.	89424

~~Sec. 5111.0215.~~ Sec. 5164.93. (A) The department of ~~job and family~~	89425
~~services~~medicaid may establish a program under which it provides	89426
incentive payments, as authorized by the "~~Health Information~~	89427
~~Technology for Economic and Clinical Health~~Social Security Act,"	89428
~~123 Stat. 489 (2009)~~section 1903(a)(3)(F) and (t), 42 U.S.C.	89429
1396b(a)(3)(F) and ~~1396b~~(t), ~~as amended,~~ to encourage the adoption	89430
and use of electronic health record technology by medicaid	89431
providers who are identified under that federal law as eligible	89432
professionals.	89433

(B) After the department has made a determination regarding	89434
the amount of a medicaid provider's electronic health record	89435
incentive payment or the denial of an incentive payment, the	89436
department shall notify the provider. The provider may request	89437
that the department reconsider its determination.	89438

A request for reconsideration shall be submitted in writing	89439
to the department not later than fifteen days after the provider	89440
receives notification of the determination. The request shall be	89441
accompanied by written materials setting forth the basis for, and	89442
supporting, the reconsideration request.	89443

On receipt of a timely request, the department shall	89444
reconsider the determination. On the basis of the written	89445
materials accompanying the request, the department may uphold,	89446
reverse, or modify its original determination. The department	89447
shall mail to the provider by certified mail a written notice of	89448
the reconsideration decision.	89449

In accordance with Chapter 2505. of the Revised Code, the	89450
medicaid provider may appeal the reconsideration decision by	89451
filing a notice of appeal with the court of common pleas of	89452
Franklin county. The notice shall identify the decision being	89453
appealed and the specific grounds for the appeal. The notice of	89454
appeal shall be filed not later than fifteen days after the	89455
department mails its notice of the reconsideration decision. A	89456
copy of the notice of appeal shall be filed with the department	89457
not later than three days after the notice is filed with the	89458
court.	89459

(C) The medicaid director ~~of job and family services~~ may	89460
adopt rules ~~in accordance with Chapter 119.~~under section 5162.02	89461
of the Revised Code as necessary to implement this section. The	89462
rules, if any, shall be adopted in accordance with Chapter 119. of	89463
the Revised Code.	89464

~~Sec. 5111.20.~~ Sec. 5165.01. As used in ~~sections 5111.20 to~~	89465
~~5111.331 of the Revised Code~~this chapter:	89466

(A) "Affiliated operator" means an operator affiliated with	89467
either of the following:	89468

(1) The exiting operator for whom the affiliated operator is	89469
to assume liability for the entire amount of the exiting	89470
operator's debt under the medicaid program or the portion of the	89471
debt that represents the franchise permit fee the exiting operator	89472
owes;	89473

(2) The entering operator involved in the change of operator	89474
with the exiting operator specified in division (A)(1) of this	89475
section.	89476

(B) "Allowable costs" are ~~those~~a nursing facility's costs	89477
~~determined by~~that the department of ~~job and family services to be~~	89478
medicaid determines are reasonable ~~and do not include fines~~. Fines	89479
paid under sections ~~5111.35~~5165.60 to ~~5111.61~~5165.89 and section	89480
~~5111.99~~5165.99 of the Revised Code are not allowable costs.	89481

~~(B)~~(C) "Ancillary and support costs" means all reasonable	89482
costs incurred by a nursing facility other than direct care costs,	89483
tax costs, or capital costs. "Ancillary and support costs"	89484
includes, but is not limited to, costs of activities, social	89485
services, pharmacy consultants, habilitation supervisors,	89486
qualified mental retardation professionals, program directors,	89487
medical and habilitation records, program supplies, incontinence	89488
supplies, food, enterals, dietary supplies and personnel, laundry,	89489
housekeeping, security, administration, medical equipment,	89490
utilities, liability insurance, bookkeeping, purchasing	89491
department, human resources, communications, travel, dues, license	89492
fees, subscriptions, home office costs not otherwise allocated,	89493
legal services, accounting services, minor equipment, maintenance	89494
and repairs, help-wanted advertising, informational advertising,	89495
start-up costs, organizational expenses, other interest, property	89496
insurance, employee training and staff development, employee	89497
benefits, payroll taxes, and workers' compensation premiums or	89498
costs for self-insurance claims and related costs as specified in	89499
rules adopted ~~by the director of job and family services~~ under	89500
section ~~5111.02~~5165.02 of the Revised Code, for personnel listed	89501
in this division. "Ancillary and support costs" also means the	89502
cost of equipment, including vehicles, acquired by operating lease	89503
executed before December 1, 1992, if the costs are reported as	89504
administrative and general costs on the nursing facility's cost	89505
report for the cost reporting period ending December 31, 1992.	89506

~~(C)~~(D)(1) "Capital costs" means ~~costs of ownership and, in~~	89507
~~the case of an intermediate care facility for the mentally~~	89508
~~retarded, costs of nonextensive renovation~~the actual expense	89509
incurred by a nursing facility for all of the following:	89510

(a) Depreciation and interest on any capital assets that cost	89511
five hundred dollars or more per item, including the following:	89512

(i) Buildings;

89513

(ii) Building improvements;

89514

(iii) Except as provided in division (C) of this section,	89515
equipment;	89516

(iv) Transportation equipment.

89517

(b) Amortization and interest on land improvements and	89518
leasehold improvements;	89519

89520

(d) Lease and rent of land, buildings, and equipment.

89521

(2) The costs of capital assets of less than five hundred	89522
dollars per item may be considered capital costs in accordance	89523
with a provider's practice.	89524

~~(1) "Cost of ownership" means the actual expense incurred for~~	89525
~~all of the following:~~	89526

~~(a) Depreciation and interest on any capital assets that cost~~	89527
~~five hundred dollars or more per item, including the following:~~	89528

~~(i) Buildings;~~

89529

~~(ii) Building improvements that are not approved as~~	89530
~~nonextensive renovations under section 5111.251 of the Revised~~	89531
~~Code;~~	89532

~~(iii) Except as provided in division (B) of this section,~~	89533
~~equipment;~~	89534

~~(iv) In the case of an intermediate care facility for the~~	89535
~~mentally retarded, extensive renovations;~~	89536

~~(v) Transportation equipment.~~

89537

~~(b) Amortization and interest on land improvements and~~	89538
~~leasehold improvements;~~	89539

~~(c) Amortization of financing costs;~~

89540

~~(d) Except as provided in division (K) of this section, lease~~	89541
~~and rent of land, building, and equipment.~~	89542

~~The costs of capital assets of less than five hundred dollars~~	89543
~~per item may be considered capital costs in accordance with a~~	89544
~~provider's practice.~~	89545

~~(2) "Costs of nonextensive renovation" means the actual~~	89546
~~expense incurred by an intermediate care facility for the mentally~~	89547
~~retarded for depreciation or amortization and interest on~~	89548
~~renovations that are not extensive renovations.~~	89549

~~(D)~~(E) "Capital lease" and "operating lease" shall be	89550
construed in accordance with generally accepted accounting	89551
principles.	89552

~~(E) "Case-mix score" means the measure determined under~~	89553
~~section 5111.232 of the Revised Code of the relative direct-care~~	89554
~~resources needed to provide care and habilitation to a resident of~~	89555
~~a nursing facility or intermediate care facility for the mentally~~	89556
~~retarded.~~	89557

(F) "Case-mix score" means a measure determined under section	89558
5165.192 of the Revised Code of the relative direct-care resources	89559
needed to provide care and habilitation to a nursing facility	89560
resident.	89561

(G) "Change of operator" means an entering operator becoming	89562
the operator of a nursing facility in the place of the exiting	89563
operator.	89564

(1) Actions that constitute a change of operator include the	89565
following:	89566

(a) A change in an exiting operator's form of legal	89567
organization, including the formation of a partnership or	89568
corporation from a sole proprietorship;	89569

(b) A transfer of all the exiting operator's ownership	89570
interest in the operation of the nursing facility to the entering	89571
operator, regardless of whether ownership of any or all of the	89572
real property or personal property associated with the nursing	89573
facility is also transferred;	89574

(c) A lease of the nursing facility to the entering operator	89575
or the exiting operator's termination of the exiting operator's	89576
lease;	89577

(d) If the exiting operator is a partnership, dissolution of	89578
the partnership;	89579

(e) If the exiting operator is a partnership, a change in	89580
composition of the partnership unless both of the following apply:	89581

(i) The change in composition does not cause the	89582
partnership's dissolution under state law.	89583

(ii) The partners agree that the change in composition does	89584
not constitute a change in operator.	89585

(f) If the operator is a corporation, dissolution of the	89586
corporation, a merger of the corporation into another corporation	89587
that is the survivor of the merger, or a consolidation of one or	89588
more other corporations to form a new corporation.	89589

(2) The following, alone, do not constitute a change of	89590
operator:	89591

(a) A contract for an entity to manage a nursing facility as	89592
the operator's agent, subject to the operator's approval of daily	89593
operating and management decisions;	89594

(b) A change of ownership, lease, or termination of a lease	89595
of real property or personal property associated with a nursing	89596
facility if an entering operator does not become the operator in	89597
place of an exiting operator;	89598

(c) If the operator is a corporation, a change of one or more	89599
members of the corporation's governing body or transfer of	89600
ownership of one or more shares of the corporation's stock, if the	89601
same corporation continues to be the operator.	89602

(H) "Cost center" means the following:

89603

(1) Ancillary and support costs;

89604

(2) Capital costs;

89605

(3) Direct care costs;

89606

(4) Tax costs.

89607

(I)(1) "Custom wheelchair" means a wheelchair specifically	89608
designed to provide mobility to an individual who, without the	89609
specifically designed wheelchair, would be confined to lying,	89610
sitting, or another sedentary state.	89611

(2) A bed- or chair-confined individual is confined to a	89612
sedentary state for the purpose of division (I)(1) of this	89613
section.	89614

(J)(1) "Date of licensure," ~~for a~~means the following:

89615

(a) In the case of a nursing facility ~~originally~~that was	89616
required by law to be licensed as a nursing home under Chapter	89617
3721. of the Revised Code when it originally began to be operated	89618
as a nursing home, ~~means~~ the date ~~specific beds were~~the nursing	89619
facility was originally so licensed ~~as nursing home beds under~~	89620
~~that chapter, regardless of whether they were subsequently~~	89621
~~licensed as residential facility beds under section 5123.19 of the~~	89622
~~Revised Code. For a facility originally licensed as a residential~~	89623
~~facility under section 5123.19 of the Revised Code, "date of~~	89624
~~licensure" means the date specific beds were originally licensed~~	89625
~~as residential facility beds under that section.~~;	89626

If(b) In the case of a nursing ~~home beds licensed under~~	89627
~~Chapter 3721. of the Revised Code or residential facility beds~~	89628
~~licensed under section 5123.19 of the Revised Code were~~facility	89629
that was not required by law to be licensed as a nursing home when	89630
~~they were~~it originally ~~used to provide~~began to be operated as a	89631
nursing home ~~or residential facility services~~, ~~"date of licensure"~~	89632
~~means~~ the date ~~the beds~~it first ~~were used to provide~~began to be	89633
operated as a nursing home ~~or residential facility services~~,	89634
regardless of the date the ~~present provider obtained licensure~~	89635
nursing facility was first licensed as a nursing home.	89636

(2) If ~~a facility adds~~, after a nursing facility's original	89637
date of licensure, more nursing home beds ~~or residential facility~~	89638
~~beds or extensively renovatesall or part of the facility after~~	89639
~~its original date of licensure~~are added to the nursing facility,	89640
~~it will have~~the nursing facility has a different date of	89641
licensure for the additional beds ~~or extensively renovated portion~~	89642
~~of the facility, unless the beds are added in a space~~. This does	89643
not apply, however, to additional beds when both of the following	89644
apply:	89645

(a) The additional beds are located in a part of the nursing	89646
facility that was constructed at the same time as the ~~previously~~	89647
~~licensed~~continuing beds ~~but~~already located in that part of the	89648
nursing facility;	89649

(b) The part of the nursing facility in which the additional	89650
beds are located was constructed as part of the nursing facility	89651
at a time when the nursing facility was not required by law to be	89652
licensed ~~under Chapter 3721. or section 5123.19 of the Revised~~	89653
~~Code at that time~~as a nursing home.	89654

~~(2)~~(3) The definition of "date of licensure" in this section	89655
applies in determinations of ~~the~~nursing facilities' medicaid	89656
~~reimbursement rate for a nursing facility or intermediate care~~	89657
~~facility for the mentally retarded~~payment rates but does not	89658
apply in determinations of ~~the~~nursing facilities' franchise	89659
permit ~~fee for a nursing facility or intermediate care facility~~	89660
~~for the mentally retarded~~fees.	89661

~~(G)~~(K) "Desk-reviewed" means that a nursing facility's costs	89662
as reported on a cost report submitted under section ~~5111.26~~	89663
5165.10 of the Revised Code have been subjected to a desk review	89664
under ~~division (A) of~~ section ~~5111.27~~5165.108 of the Revised Code	89665
and preliminarily determined to be allowable costs.	89666

~~(H)~~(L) "Direct care costs" means all of the following costs	89667
incurred by a nursing facility:	89668

(1)~~(a)~~ Costs for registered nurses, licensed practical	89669
nurses, and nurse aides employed by the nursing facility;	89670

~~(b)~~(2) Costs for direct care staff, administrative nursing	89671
staff, medical directors, respiratory therapists, and except as	89672
provided in division ~~(H)(2)~~(L)(8) of this section, other persons	89673
holding degrees qualifying them to provide therapy;	89674

~~(c)~~(3) Costs of purchased nursing services;

89675

~~(d)~~(4) Costs of quality assurance;

89676

~~(e)~~(5) Costs of training and staff development, employee	89677
benefits, payroll taxes, and workers' compensation premiums or	89678
costs for self-insurance claims and related costs as specified in	89679
rules adopted ~~by the director of job and family services in~~	89680
~~accordance with Chapter 119.~~under section 5165.02 of the Revised	89681
Code, for personnel listed in divisions ~~(H)~~(L)(1)~~(a)~~, ~~(b)~~(2), ~~and~~	89682
~~(d)~~(4), and (8) of this section;	89683

~~(f)~~(6) Costs of consulting and management fees related to	89684
direct care;	89685

~~(g)~~(7) Allocated direct care home office costs.

89686

~~(2) In addition to the costs specified in division (H)(1) of~~	89687
~~this section, for nursing facilities only, direct care costs~~	89688
~~include costs~~;	89689

(8) Costs of habilitation staff (other than habilitation	89690
supervisors), medical supplies, oxygen, over-the-counter pharmacy	89691
products, behavioral and mental health services, physical	89692
therapists, physical therapy assistants, occupational therapists,	89693
occupational therapy assistants, speech therapists, audiologists,	89694
habilitation supplies, ~~wheelchairs,~~ resident transportation, and	89695
universal precautions supplies.;	89696

~~(3) In addition to the costs specified in division (H)(1) of~~	89697
~~this section, for intermediate care facilities for the mentally~~	89698
~~retarded only, direct care costs include both of the following:~~	89699

~~(a) Costs for physical therapists and physical therapy~~	89700
~~assistants, occupational therapists and occupational therapy~~	89701
~~assistants, speech therapists, audiologists, habilitation staff~~	89702
~~(including habilitation supervisors), qualified mental retardation~~	89703
~~professionals, program directors, social services staff,~~	89704
~~activities staff, off-site day programming, psychologists and~~	89705
~~psychology assistants, and social workers and counselors;~~	89706

~~(b) Costs of training and staff development, employee~~	89707
~~benefits, payroll taxes, and workers' compensation premiums or~~	89708
~~costs for self-insurance claims and related costs as specified in~~	89709
~~rules adopted under section 5111.02 of the Revised Code, for~~	89710
~~personnel listed in division (H)(3)(a) of this section.~~	89711

~~(4)~~(9) For fiscal year 2014, costs of wheelchairs;

89712

(10) For fiscal year 2015 and each fiscal year thereafter,	89713
costs of wheelchairs other than custom wheelchairs;	89714

(11) Costs of other direct-care resources that are specified	89715
as direct care costs in rules adopted under section ~~5111.02~~	89716
5165.02 of the Revised Code.	89717

~~(I)~~(M) "Dual eligible individual" has the same meaning as in	89718
section 5160.01 of the Revised Code.	89719

(N) "Effective date of a change of operator" means the day	89720
the entering operator becomes the operator of the nursing	89721
facility.	89722

(O) "Effective date of a facility closure" means the last day	89723
that the last of the residents of the nursing facility resides in	89724
the nursing facility.	89725

(P) "Effective date of an involuntary termination" means the	89726
date the department of medicaid terminates the operator's provider	89727
agreement for the nursing facility.	89728

(Q) "Effective date of a voluntary withdrawal of	89729
participation" means the day the nursing facility ceases to accept	89730
new medicaid residents other than the individuals who reside in	89731
the nursing facility on the day before the effective date of the	89732
voluntary withdrawal of participation.	89733

(R) "Entering operator" means the person or government entity	89734
that will become the operator of a nursing facility when a change	89735
of operator occurs or following an involuntary termination.	89736

(S) "Exiting operator" means any of the following:

89737

(1) An operator that will cease to be the operator of a	89738
nursing facility on the effective date of a change of operator;	89739

(2) An operator that will cease to be the operator of a	89740
nursing facility on the effective date of a facility closure;	89741

(3) An operator of a nursing facility that is undergoing or	89742
has undergone a voluntary withdrawal of participation;	89743

(4) An operator of a nursing facility that is undergoing or	89744
has undergone an involuntary termination.	89745

(T)(1) Subject to divisions (T)(2) and (3) of this section,	89746
"facility closure" means either of the following:	89747

(a) Discontinuance of the use of the building, or part of the	89748
building, that houses the facility as a nursing facility that	89749
results in the relocation of all of the nursing facility's	89750
residents;	89751

(b) Conversion of the building, or part of the building, that	89752
houses a nursing facility to a different use with any necessary	89753
license or other approval needed for that use being obtained and	89754
one or more of the nursing facility's residents remaining in the	89755
building, or part of the building, to receive services under the	89756
new use.	89757

(2) A facility closure occurs regardless of any of the	89758
following:	89759

(a) The operator completely or partially replacing the	89760
nursing facility by constructing a new nursing facility or	89761
transferring the nursing facility's license to another nursing	89762
facility;	89763

(b) The nursing facility's residents relocating to another of	89764
the operator's nursing facilities;	89765

(c) Any action the department of health takes regarding the	89766
nursing facility's medicaid certification that may result in the	89767
transfer of part of the nursing facility's survey findings to	89768
another of the operator's nursing facilities;	89769

(d) Any action the department of health takes regarding the	89770
nursing facility's license under Chapter 3721. of the Revised	89771
Code.	89772

(3) A facility closure does not occur if all of the nursing	89773
facility's residents are relocated due to an emergency evacuation	89774
and one or more of the residents return to a medicaid-certified	89775
bed in the nursing facility not later than thirty days after the	89776
evacuation occurs.	89777

(U) "Fiscal year" means the fiscal year of this state, as	89778
specified in section 9.34 of the Revised Code.	89779

~~(J)~~(V) "Franchise permit fee" means ~~the following:~~

89780

~~(1) In the context of nursing facilities,~~ the fee imposed by	89781
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code;	89782

~~(2) In the context of intermediate care facilities for the~~	89783
~~mentally retarded, the fee imposed by sections 5112.30 to 5112.39~~	89784
~~of the Revised Code~~.	89785

~~(K) "Indirect care costs" means all reasonable costs incurred~~	89786
~~by an intermediate care facility for the mentally retarded other~~	89787
~~than direct care costs, other protected costs, or capital costs.~~	89788
~~"Indirect care costs" includes but is not limited to costs of~~	89789
~~habilitation supplies, pharmacy consultants, medical and~~	89790
~~habilitation records, program supplies, incontinence supplies,~~	89791
~~food, enterals, dietary supplies and personnel, laundry,~~	89792
~~housekeeping, security, administration, liability insurance,~~	89793
~~bookkeeping, purchasing department, human resources,~~	89794
~~communications, travel, dues, license fees, subscriptions, home~~	89795
~~office costs not otherwise allocated, legal services, accounting~~	89796
~~services, minor equipment, maintenance and repairs, help-wanted~~	89797
~~advertising, informational advertising, start-up costs,~~	89798
~~organizational expenses, other interest, property insurance,~~	89799
~~employee training and staff development, employee benefits,~~	89800
~~payroll taxes, and workers' compensation premiums or costs for~~	89801
~~self-insurance claims and related costs as specified in rules~~	89802
~~adopted under section 5111.02 of the Revised Code, for personnel~~	89803
~~listed in this division. Notwithstanding division (C)(1) of this~~	89804
~~section, "indirect care costs" also means the cost of equipment,~~	89805
~~including vehicles, acquired by operating lease executed before~~	89806
~~December 1, 1992, if the costs are reported as administrative and~~	89807
~~general costs on the facility's cost report for the cost reporting~~	89808
~~period ending December 31, 1992.~~	89809

~~(L)~~(W) "Inpatient days" means ~~the following:~~

89810

~~(1) In the context of a nursing facility,~~ both of the	89811
following:	89812

~~(a)~~(1) All days during which a resident, regardless of	89813
payment source, occupies a bed in a nursing facility that is	89814
included in the nursing facility's ~~certified~~medicaid-certified	89815
capacity ~~under Title XIX~~;	89816

~~(b)~~(2) Fifty per cent of the days for which payment is made	89817
under section ~~5111.331~~5165.34 of the Revised Code.	89818

~~(2) In the context of an intermediate care facility for the~~	89819
~~mentally retarded, both of the following:~~	89820

~~(a) All days during which a resident, regardless of payment~~	89821
~~source, occupies a bed in an intermediate care facility for the~~	89822
~~mentally retarded that is included in the facility's certified~~	89823
~~capacity under Title XIX;~~	89824

~~(b) All days for which payment is made under section 5111.33~~	89825
~~of the Revised Code.~~	89826

~~(M) "Intermediate care facility for the mentally retarded"~~	89827
~~means an intermediate care facility for the mentally retarded~~	89828
~~certified as in compliance with applicable standards for the~~	89829
~~medicaid program by the director of health in accordance with~~	89830
~~Title XIX.~~	89831

~~(N)~~(X) "Involuntary termination" means the department of	89832
medicaid's termination of the operator's provider agreement for	89833
the nursing facility when the termination is not taken at the	89834
operator's request.	89835

(Y) "Low resource utilization resident" means a medicaid	89836
recipient residing in a nursing facility who, for purposes of	89837
calculating the nursing facility's medicaid payment rate for	89838
direct care costs, is placed in either of the two lowest resource	89839
utilization groups, excluding any resource utilization group that	89840
is a default group used for residents with incomplete assessment	89841
data.	89842

(Z) "Maintenance and repair expenses" means~~, except as~~	89843
~~provided in division (BB)(2) of this section,~~a nursing facility's	89844
expenditures that are necessary and proper to maintain an asset in	89845
a normally efficient working condition and that do not extend the	89846
useful life of the asset two years or more. "Maintenance and	89847
repair expenses" includes but is not limited to the ~~cost~~costs of	89848
ordinary repairs such as painting and wallpapering.	89849

~~(O)~~(AA) "Medicaid-certified capacity" means the number of a	89850
nursing facility's beds that are certified for participation in	89851
medicaid as nursing facility beds.	89852

(BB) "Medicaid days" means ~~the following:~~

89853

~~(1) In the context of a nursing facility,~~ both of the	89854
following:	89855

~~(a)~~(1) All days during which a resident who is a medicaid	89856
recipient eligible for nursing facility services occupies a bed in	89857
a nursing facility that is included in the nursing facility's	89858
~~certified~~medicaid-certified capacity ~~under Title XIX~~;	89859

~~(b)~~(2) Fifty per cent of the days for which payment is made	89860
under section ~~5111.331~~5165.34 of the Revised Code.	89861

~~(2) In the context of an intermediate care facility for the~~	89862
~~mentally retarded, both of the following:~~	89863

~~(a) All days during which a resident who is a medicaid~~	89864
~~recipient eligible for intermediate care facility for the mentally~~	89865
~~retarded services occupies a bed in an intermediate care facility~~	89866
~~for the mentally retarded that is included in the facility's~~	89867
~~certified capacity under Title XIX;~~	89868

~~(b) All days for which payment is made under section 5111.33~~	89869
~~of the Revised Code.~~	89870

~~(P)~~(CC)(1) "New nursing facility" means a nursing facility	89871
for which the provider obtains an initial provider agreement	89872
following medicaid certification of the nursing facility by the	89873
director of health, including such a nursing facility that	89874
replaces one or more nursing facilities for which a provider	89875
previously held a provider agreement.	89876

(2) "New nursing facility" does not mean a nursing facility	89877
for which the entering operator seeks a provider agreement	89878
pursuant to section 5165.511 or 5165.512 or (pursuant to section	89879
5165.515) section 5165.07 of the Revised Code.	89880

(DD) "Nursing facility" ~~means a facility, or a distinct part~~	89881
~~of a facility, that is certified as a nursing facility by the~~	89882
~~director of health in accordance with Title XIX and is not an~~	89883
~~intermediate care facility for the mentally retarded. "Nursing~~	89884
~~facility" includes a facility, or a distinct part of a facility,~~	89885
~~that is certified as a nursing facility by the director of health~~	89886
~~in accordance with Title XIX and is certified as a skilled nursing~~	89887
~~facility by the director in accordance with Title XVIII~~has the	89888
same meaning as in the "Social Security Act," section 1919(a), 42	89889
U.S.C. 1396r(a).	89890

~~(Q)~~(EE) "Nursing facility services" has the same meaning as	89891
in the "Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).	89892

(FF) "Nursing home" has the same meaning as in section	89893
3721.01 of the Revised Code.	89894

(GG) "Operator" means the person or government entity	89895
responsible for the daily operating and management decisions for a	89896
nursing facility ~~or intermediate care facility for the mentally~~	89897
~~retarded~~.	89898

~~(R) "Other protected costs" means costs incurred by an~~	89899
~~intermediate care facility for the mentally retarded for medical~~	89900
~~supplies; real estate, franchise, and property taxes; natural gas,~~	89901
~~fuel oil, water, electricity, sewage, and refuse and hazardous~~	89902
~~medical waste collection; allocated other protected home office~~	89903
~~costs; and any additional costs defined as other protected costs~~	89904
~~in rules adopted under section 5111.02 of the Revised Code.~~	89905

~~(S)~~(HH)(1) "Owner" means any person or government entity that	89906
has at least five per cent ownership or interest, either directly,	89907
indirectly, or in any combination, in any of the following	89908
regarding a nursing facility ~~or intermediate care facility for the~~	89909
~~mentally retarded~~:	89910

(a) The land on which the nursing facility is located;

89911

(b) The structure in which the nursing facility is located;

89912

(c) Any mortgage, contract for deed, or other obligation	89913
secured in whole or in part by the land or structure on or in	89914
which the nursing facility is located;	89915

(d) Any lease or sublease of the land or structure on or in	89916
which the nursing facility is located.	89917

(2) "Owner" does not mean a holder of a debenture or bond	89918
related to the nursing facility ~~or intermediate care facility for~~	89919
~~the mentally retarded~~ and purchased at public issue or a regulated	89920
lender that has made a loan related to the nursing facility unless	89921
the holder or lender operates the nursing facility directly or	89922
through a subsidiary.	89923

~~(T) "Patient" includes "resident."~~

89924

~~(U) Except as provided in divisions (U)(1) and (2) of this~~	89925
~~section, "per~~(II) "Per diem" means a nursing facility's or	89926
~~intermediate care facility for the mentally retarded's~~ actual,	89927
allowable costs in a given cost center in a cost reporting period,	89928
divided by the nursing facility's inpatient days for that cost	89929
reporting period.	89930

~~(1) When calculating indirect care costs for the purpose of~~	89931
~~establishing rates under section 5111.241 of the Revised Code,~~	89932
~~"per diem" means an intermediate care facility for the mentally~~	89933
~~retarded's actual, allowable indirect care costs in a cost~~	89934
~~reporting period divided by the greater of the facility's~~	89935
~~inpatient days for that period or the number of inpatient days the~~	89936
~~facility would have had during that period if its occupancy rate~~	89937
~~had been eighty-five per cent.~~	89938

~~(2) When calculating capital costs for the purpose of~~	89939
~~establishing rates under section 5111.251 of the Revised Code,~~	89940
~~"per diem" means a facility's actual, allowable capital costs in a~~	89941
~~cost reporting period divided by the greater of the facility's~~	89942
~~inpatient days for that period or the number of inpatient days the~~	89943
~~facility would have had during that period if its occupancy rate~~	89944
~~had been ninety-five per cent.~~	89945

~~(V)~~(JJ) "Provider" means an operator with a provider	89946
agreement.	89947

~~(W)~~(KK) "Provider agreement" means a ~~contract~~provider	89948
agreement, as defined in section 5164.01 of the Revised Code, that	89949
is between the department of ~~job and family services~~medicaid and	89950
the operator of a nursing facility ~~or intermediate care facility~~	89951
~~for the mentally retarded~~ for the provision of nursing facility	89952
services ~~or intermediate care facility services for the mentally~~	89953
~~retarded~~ under the medicaid program.	89954

~~(X)~~(LL) "Purchased nursing services" means services that are	89955
provided in a nursing facility by registered nurses, licensed	89956
practical nurses, or nurse aides who are not employees of the	89957
nursing facility.	89958

~~(Y)~~(MM) "Reasonable" means that a cost is an actual cost that	89959
is appropriate and helpful to develop and maintain the operation	89960
of patient care facilities and activities, including normal	89961
standby costs, and that does not exceed what a prudent buyer pays	89962
for a given item or services. Reasonable costs may vary from	89963
provider to provider and from time to time for the same provider.	89964

~~(Z)~~(NN) "Related party" means an individual or organization	89965
that, to a significant extent, has common ownership with, is	89966
associated or affiliated with, has control of, or is controlled	89967
by, the provider.	89968

(1) An individual who is a relative of an owner is a related	89969
party.	89970

(2) Common ownership exists when an individual or individuals	89971
possess significant ownership or equity in both the provider and	89972
the other organization. Significant ownership or equity exists	89973
when an individual or individuals possess five per cent ownership	89974
or equity in both the provider and a supplier. Significant	89975
ownership or equity is presumed to exist when an individual or	89976
individuals possess ten per cent ownership or equity in both the	89977
provider and another organization from which the provider	89978
purchases or leases real property.	89979

(3) Control exists when an individual or organization has the	89980
power, directly or indirectly, to significantly influence or	89981
direct the actions or policies of an organization.	89982

(4) An individual or organization that supplies goods or	89983
services to a provider shall not be considered a related party if	89984
all of the following conditions are met:	89985

(a) The supplier is a separate bona fide organization.

89986

(b) A substantial part of the supplier's business activity of	89987
the type carried on with the provider is transacted with others	89988
than the provider and there is an open, competitive market for the	89989
types of goods or services the supplier furnishes.	89990

(c) The types of goods or services are commonly obtained by	89991
other nursing facilities ~~or intermediate care facilities for the~~	89992
~~mentally retarded~~ from outside organizations and are not a basic	89993
element of patient care ordinarily furnished directly to patients	89994
by ~~the~~nursing facilities.	89995

(d) The charge to the provider is in line with the charge for	89996
the goods or services in the open market and no more than the	89997
charge made under comparable circumstances to others by the	89998
supplier.	89999

~~(AA)~~(OO) "Relative of owner" means an individual who is	90000
related to an owner of a nursing facility ~~or intermediate care~~	90001
~~facility for the mentally retarded~~ by one of the following	90002
relationships:	90003

(1) Spouse;

90004

(2) Natural parent, child, or sibling;

90005

(3) Adopted parent, child, or sibling;

90006

(4) Stepparent, stepchild, stepbrother, or stepsister;

90007

(5) Father-in-law, mother-in-law, son-in-law,	90008
daughter-in-law, brother-in-law, or sister-in-law;	90009

(6) Grandparent or grandchild;

90010

(7) Foster caregiver, foster child, foster brother, or foster	90011
sister.	90012

~~(BB) "Renovation" and "extensive renovation" mean:~~

90013

~~(1) Any betterment, improvement, or restoration of an~~	90014
~~intermediate care facility for the mentally retarded started~~	90015
~~before July 1, 1993, that meets the definition of a renovation or~~	90016
~~extensive renovation established in rules adopted by the director~~	90017
~~of job and family services in effect on December 22, 1992.~~	90018

~~(2) In the case of betterments, improvements, and~~	90019
~~restorations of intermediate care facilities for the mentally~~	90020
~~retarded started on or after July 1, 1993:~~	90021

~~(a) "Renovation" means the betterment, improvement, or~~	90022
~~restoration of an intermediate care facility for the mentally~~	90023
~~retarded beyond its current functional capacity through a~~	90024
~~structural change that costs at least five hundred dollars per~~	90025
~~bed. A renovation may include betterment, improvement,~~	90026
~~restoration, or replacement of assets that are affixed to the~~	90027
~~building and have a useful life of at least five years. A~~	90028
~~renovation may include costs that otherwise would be considered~~	90029
~~maintenance and repair expenses if they are an integral part of~~	90030
~~the structural change that makes up the renovation project.~~	90031
~~"Renovation" does not mean construction of additional space for~~	90032
~~beds that will be added to a facility's licensed or certified~~	90033
~~capacity.~~	90034

~~(b) "Extensive renovation" means a renovation that costs more~~	90035
~~than sixty-five per cent and no more than eighty-five per cent of~~	90036
~~the cost of constructing a new bed and that extends the useful~~	90037
~~life of the assets for at least ten years.~~	90038

~~For the purposes of division (BB)(2) of this section, the~~	90039
~~cost of constructing a new bed shall be considered to be forty~~	90040
~~thousand dollars, adjusted for the estimated rate of inflation~~	90041
~~from January 1, 1993, to the end of the calendar year during which~~	90042
~~the renovation is completed, using the consumer price index for~~	90043
~~shelter costs for all urban consumers for the north central~~	90044
~~region, as published by the United States bureau of labor~~	90045
~~statistics.~~	90046

~~The department of job and family services may treat a~~	90047
~~renovation that costs more than eighty-five per cent of the cost~~	90048
~~of constructing new beds as an extensive renovation if the~~	90049
~~department determines that the renovation is more prudent than~~	90050
~~construction of new beds.~~	90051

~~(CC)~~(PP) "Residents' rights advocate" has the same meaning as	90052
in section 3721.10 of the Revised Code.	90053

(QQ) "Skilled nursing facility" has the same meaning as in	90054
the "Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	90055

(RR) "Sponsor" has the same meaning as in section 3721.10 of	90056
the Revised Code.	90057

(SS) "Tax costs" means the costs of taxes imposed under	90058
Chapter 5751. of the Revised Code, real estate taxes, personal	90059
property taxes, and corporate franchise taxes.	90060

~~(DD)~~(TT) "Title XIX" means Title XIX of the "Social Security	90061
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	90062

~~(EE)~~(UU) "Title XVIII" means Title XVIII of the "Social	90063
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	90064
seq.	90065

(VV) "Voluntary withdrawal of participation" means an	90066
operator's voluntary election to terminate the participation of a	90067
nursing facility in the medicaid program but to continue to	90068
provide service of the type provided by a nursing facility.	90069

~~Sec. 5111.201.~~ Sec. 5165.011. ~~Whenever~~(A) Except as provided in	90070
division (B) of this section, whenever "skilled nursing facility,"	90071
"intermediate care facility," or "dual skilled nursing and	90072
intermediate care facility" is referred to or designated in any	90073
statute, rule, contract, provider agreement, or other document	90074
pertaining to the ~~medical assistance~~medicaid program, the	90075
reference or designation is deemed to refer to a nursing facility,	90076
~~except that a~~.	90077

(B) A reference to or designation of an "intermediate care	90078
facility for ~~the mentally retarded~~individuals with intellectual	90079
disabilities" or "ICF/IID" is not deemed to refer to a nursing	90080
facility.	90081

Sec. 5165.02. The medicaid director shall adopt rules as	90082
necessary to implement this chapter. The rules shall be adopted in	90083
accordance with Chapter 119. of the Revised Code.	90084

~~Sec. 5111.202.~~ Sec. 5165.03. (A) As used in this section:

90085

(1) "Dementia" includes Alzheimer's disease or a related	90086
disorder.	90087

(2) "Serious mental illness" means "serious mental illness,"	90088
as defined by the United States department of health and human	90089
services in regulations adopted under ~~section 1919(e)(7)(G)(i) of~~	90090
the "Social Security Act," ~~49 Stat. 620 (1935)~~section	90091
1919(e)(7)(G)(i), 42 U.S.C.~~A. 301, as amended~~1396r(e)(7)(G)(i).	90092

(3) "Mentally ill individual" means an individual who has a	90093
serious mental illness other than either of the following:	90094

(a) A primary diagnosis of dementia;

90095

(b) A primary diagnosis that is not a primary diagnosis of	90096
dementia and a primary diagnosis of something other than a serious	90097
mental illness.	90098

(4) "Mentally retarded individual" means an individual who is	90099
mentally retarded or has a related condition, as described in	90100
~~section 1905(d) of~~ the "Social Security Act.," section 1905(d), 42	90101
U.S.C. 1396d(d).	90102

(5) "Specialized services" means the services specified by	90103
the United States department of health and human services in	90104
regulations adopted under ~~section 1919(e)(7)(G)(iii) of~~ the	90105
"Social Security Act.," section 1919(e)(7)(G)(iii), 42 U.S.C.	90106
1396r(e)(7)(G)(iii).	90107

(B)(1) Except as provided in division (D) of this section, no	90108
nursing facility shall admit as a resident any mentally ill	90109
individual unless the facility has received evidence that the	90110
department of ~~mental health~~mental health and addiction services	90111
has determined both of the following under section ~~5119.061~~	90112
5119.40 of the Revised Code:	90113

(a) That the individual requires the level of services	90114
provided by a nursing facility because of the individual's	90115
physical and mental condition;	90116

(b) Whether the individual requires specialized services for	90117
mental illness.	90118

(2) Except as provided in division (D) of this section, no	90119
nursing facility shall admit as a resident any mentally retarded	90120
individual unless the facility has received evidence that the	90121
department of developmental disabilities has determined both of	90122
the following under section 5123.021 of the Revised Code:	90123

(a) That the individual requires the level of services	90124
provided by a nursing facility because of the individual's	90125
physical and mental condition;	90126

(b) Whether the individual requires specialized services for	90127
mental retardation.	90128

(C) The department of ~~job and family services~~medicaid shall	90129
not make medicaid payments ~~under the medical assistance program~~ to	90130
a nursing facility on behalf of any individual who is admitted to	90131
the facility in violation of division (B) of this section for the	90132
period beginning on the date of admission and ending on the date	90133
the requirements of division (B) of this section are met.	90134

(D) A determination under division (B) of this section is not	90135
required for any individual who is exempted from the requirement	90136
that a determination be made by division (B)(2) of section	90137
~~5119.061~~5119.40 of the Revised Code or rules adopted by the	90138
department of ~~mental health~~mental health and addiction services	90139
under division (E)(3) of that section, or by division (B)(2) of	90140
section 5123.021 of the Revised Code or rules adopted by the	90141
department of developmental disabilities under division (E)(3) of	90142
that section.	90143

~~Sec. 5111.203.~~ Sec. 5165.031. ~~Regardless of whether or not an~~	90144
~~applicant~~An individual who applies for admission to ~~a nursing~~	90145
~~facility~~ or ~~resident of~~resides in a nursing facility ~~is an~~	90146
~~applicant for or recipient of medical assistance, the department~~	90147
of ~~job and family services~~ shall provide notice and an opportunity	90148
for a hearing to any applicant for admission to a nursing facility	90149
or resident of a nursing facility who ismay appeal if adversely	90150
affected by a determination made by the department of ~~mental~~	90151
~~health~~mental health and addiction services under section	90152
~~5119.061~~5119.40 of the Revised Code or by the department of	90153
developmental disabilities under section 5123.021 of the Revised	90154
Code. ~~The hearing shall be conducted in the same manner as~~	90155
~~hearings conducted under~~If the individual is an applicant for or	90156
recipient of medicaid, the individual may appeal pursuant to	90157
section 5160.31 of the Revised Code. If the individual is not an	90158
applicant for or recipient of medicaid, the individual may appeal	90159
pursuant to a process the department of medicaid shall establish,	90160
which shall be similar to the appeals process established by	90161
section 5101.35 of the Revised Code. The department of medicaid	90162
shall provide notice of the right to appeal to individuals	90163
adversely affected by determinations made under sections 5119.40	90164
and 5123.021 of the Revised Code. Any decision made ~~by the~~	90165
~~department of job and family services~~ on the basis of ~~the hearing~~	90166
such an appeal is binding on the department of ~~mental health~~	90167
mental health and addiction services and the department of	90168
developmental disabilities.	90169

~~Sec. 5111.204.~~ Sec. 5165.04. (A) As used in this section,	90170
"representative" means a person acting on behalf of an applicant	90171
for or recipient of medicaid. A representative may be a family	90172
member, attorney, hospital social worker, or any other person	90173
chosen to act on behalf of an applicant or recipient.	90174

(B) The department of ~~job and family services~~medicaid may	90175
require each applicant for or recipient of medicaid who applies or	90176
intends to apply for admission to a nursing facility or resides in	90177
a nursing facility to undergo an assessment to determine whether	90178
the applicant or recipient needs the level of care provided by a	90179
nursing facility. The assessment may be performed concurrently	90180
with a long-term care consultation provided under section 173.42	90181
of the Revised Code.	90182

To the maximum extent possible, the assessment shall be based	90183
on information from the resident assessment instrument specified	90184
in rules ~~adopted~~authorized by ~~the director of job and family~~	90185
~~services under division (E) of~~ section ~~5111.232~~5165.191 of the	90186
Revised Code. The assessment shall also be based on criteria and	90187
procedures established in rules ~~adopted under~~authorized by	90188
division (F) of this section and information provided by the	90189
person being assessed or the person's representative.	90190

The department of ~~job and family services~~medicaid, or if the	90191
assessment is performed by an agency under contract with the	90192
department pursuant to division (G) of this section, the agency,	90193
shall, not later than the time the level of care determination	90194
based on the assessment is required to be provided under division	90195
(C) of this section, give written notice of its conclusions and	90196
the basis for them to the person assessed and, if the department	90197
~~of job and family services~~ or agency under contract with the	90198
department has been informed that the person has a representative,	90199
to the representative.	90200

(C) The department ~~of job and family services~~ or agency under	90201
contract with the department, whichever performs the assessment,	90202
shall provide a level of care determination based on the	90203
assessment as follows:	90204

(1) In the case of a person applying or intending to apply	90205
for admission to a nursing facility while hospitalized, not later	90206
than one of the following:	90207

(a) One working day after the person or the person's	90208
representative submits the application or notifies the department	90209
of the person's intention to apply and submits all information	90210
required for providing the level of care determination, as	90211
specified in rules ~~adopted under~~authorized by division (F)(2) of	90212
this section;	90213

(b) A later date requested by the person or the person's	90214
representative.	90215

(2) In the case of a person applying or intending to apply	90216
for admission to a nursing facility who is not hospitalized, not	90217
later than one of the following:	90218

(a) Five calendar days after the person or the person's	90219
representative submits the application or notifies the department	90220
of the person's intention to apply and submits all information	90221
required for providing the level of care determination, as	90222
specified in rules ~~adopted under~~authorized by division (F)(2) of	90223
this section;	90224

(b) A later date requested by the person or the person's	90225
representative.	90226

(3) In the case of a person who resides in a nursing	90227
facility, not later than one of the following:	90228

(a) Five calendar days after the person or the person's	90229
representative submits an application for ~~medical assistance~~	90230
medicaid and submits all information required for providing the	90231
level of care determination, as specified in rules ~~adopted under~~	90232
authorized by division (F)(2) of this section;	90233

(b) A later date requested by the person or the person's	90234
representative.	90235

(4) In the case of an emergency, as specified in rules	90236
~~adopted under~~authorized by division (F)(4) of this section,	90237
within the number of days specified in the rules.	90238

(D) A person assessed under this section or the person's	90239
representative may ~~request a state hearing to dispute~~appeal the	90240
conclusions reached by the department ~~of job and family services~~	90241
or agency under contract with the department on the basis of the	90242
assessment. The ~~request for a state hearing~~appeal shall be made	90243
~~in accordance with~~pursuant to section ~~5101.35~~5160.31 of the	90244
Revised Code. The department ~~of job and family services~~ or agency	90245
under contract with the department shall provide to the person or	90246
the person's representative and the nursing facility written	90247
notice of the person's right to request a state hearing. The	90248
notice shall include an explanation of the procedure for	90249
requesting a state hearing. If a state hearing is requested, the	90250
state shall be represented in the hearing by the department ~~of job~~	90251
~~and family services~~ or the agency under contract with the	90252
department, whichever performed the assessment.	90253

(E) A nursing facility that admits or retains a person	90254
determined pursuant to an assessment required under this section	90255
not to need the level of care provided by the nursing facility	90256
shall not be ~~reimbursed~~paid under the medicaid program for the	90257
person's care.	90258

(F) The medicaid director ~~of job and family services~~ shall	90259
adopt rules ~~in accordance with Chapter 119.~~under section 5165.02	90260
of the Revised Code to implement and administer this section. The	90261
rules shall include all of the following:	90262

(1) Criteria and procedures to be used in determining whether	90263
admission to a nursing facility or continued stay in a nursing	90264
facility is appropriate for the person being assessed;	90265

(2) Information the person being assessed or the person's	90266
representative must provide to the department or agency under	90267
contract with the department for purposes of the assessment and	90268
providing a level of care determination based on the assessment;	90269

(3) Circumstances under which a person is not required to be	90270
assessed;	90271

(4) Circumstances that constitute an emergency for purposes	90272
of division (C)(4) of this section and the number of days within	90273
which a level of care determination must be provided in the case	90274
of an emergency.	90275

(G) Pursuant to section ~~5111.91~~5162.35 of the Revised Code,	90276
the department of ~~job and family services~~medicaid may enter into	90277
contracts in the form of interagency agreements with one or more	90278
other state agencies to perform the assessments required under	90279
this section. The interagency agreements shall specify the	90280
responsibilities of each agency in the performance of the	90281
assessments.	90282

~~Sec. 5111.21.~~ Sec. 5165.06. ~~(A) In order to be~~Subject to section	90283
5165.072 of the Revised Code, an operator is eligible ~~for medicaid~~	90284
~~payments, the operator of~~to enter into a provider agreement for a	90285
nursing facility ~~or intermediate care facility for the mentally~~	90286
~~retarded shall do~~if all of the following apply:	90287

~~(1) Enter into a provider agreement with the department as~~	90288
~~provided in section 5111.22, 5111.671, or 5111.672 of the Revised~~	90289
~~Code~~(A) The nursing facility is certified by the director of	90290
health for participation in medicaid;	90291

~~(2) Apply for and maintain a valid license to operate~~(B) The	90292
nursing facility is licensed by the director of health as a	90293
nursing home if so required by law;	90294

~~(3) Subject to division (B) of this section,~~(C) The operator	90295
and nursing facility comply with all applicable state and federal	90296
laws and rules.	90297

~~(B) A state rule that requires the operator of an~~	90298
~~intermediate care facility for the mentally retarded to have~~	90299
~~received approval of a plan for the proposed facility pursuant to~~	90300
~~section 5123.042 of the Revised Code as a condition of the~~	90301
~~operator being eligible for medicaid payments for the facility~~	90302
~~does not apply if, under former section 5123.193 of the Revised~~	90303
~~Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly~~	90304
~~or section 5123.197 of the Revised Code, a residential facility~~	90305
~~license was obtained or modified for the facility without~~	90306
~~obtaining approval of such a plan.~~	90307

~~(C)(1) Except as provided in division (C)(2) of this section,~~	90308
~~the operator of a nursing facility that elects to obtain and~~	90309
~~maintain eligibility for payments under the medicaid program shall~~	90310
~~qualify all of the facility's medicaid-certified beds in the~~	90311
~~medicare program established by Title XVIII. The director of job~~	90312
~~and family services may adopt rules under section 5111.02 of the~~	90313
~~Revised Code to establish the time frame in which a nursing~~	90314
~~facility must comply with this requirement.~~	90315

~~(2) The department of veterans services is not required to~~	90316
~~qualify all of the medicaid-certified beds in a nursing facility~~	90317
~~the agency maintains and operates under section 5907.01 of the~~	90318
~~Revised Code in the medicare program.~~	90319

~~Sec. 5111.22.~~ Sec. 5165.07. (A) Except as provided in section	90320
5165.072 of the Revised Code, the department of medicaid shall	90321
enter into a provider agreement with a nursing facility operator	90322
who applies, and is eligible, for the provider agreement.	90323

(B) A provider agreement ~~between the department of job and~~	90324
~~family services and the provider of a nursing facility or~~	90325
~~intermediate care facility for the mentally retarded~~ shall ~~contain~~	90326
require the ~~following provisions:~~	90327

~~(A) The~~ department ~~agrees~~ to make medicaid payments to the	90328
provider~~, as provided in sections 5111.20 to 5111.331 of the~~	90329
~~Revised Code,~~in accordance with this chapter for ~~medicaid-covered~~	90330
nursing facility services the nursing facility provides to a	90331
~~resident of the~~its residents who are medicaid recipients eligible	90332
for nursing facility ~~who is a medicaid recipient~~services. No	90333
~~payment shall be made for the day a medicaid recipient is~~	90334
~~discharged from the facility.~~	90335

~~(B) The~~(C) A provider agreement shall require the provider	90336
~~agrees~~ to do all of the following:	90337

(1) Maintain eligibility for the provider agreement as	90338
provided in section ~~5111.21~~5165.06 of the Revised Code;	90339

(2) Keep records relating to a cost reporting period for the	90340
greater of seven years after the cost report is filed or, if the	90341
department issues an audit report in accordance with ~~division (B)~~	90342
of section ~~5111.27~~5165.109 of the Revised Code, six years after	90343
all appeal rights relating to the audit report are exhausted;	90344

(3) File reports as required by the department;

90345

(4) Open all records relating to the costs of ~~its~~the nursing	90346
facility's services for inspection and audit by the department;	90347

(5) Open its premises for inspection by the department, the	90348
department of health, and any other state or local authority	90349
having authority to inspect;	90350

(6) Supply to the department such information as it requires	90351
concerning the nursing facility's services to residents who are,	90352
or are eligible to be, medicaid recipients;	90353

(7) Comply with section ~~5111.31~~5165.08 of the Revised Code.

90354

~~The~~(D) A provider agreement may contain other provisions	90355
that are consistent with law and considered necessary by the	90356
department.	90357

~~A provider agreement shall be effective for no longer than~~	90358
~~twelve months, except that if federal statute or regulations~~	90359
~~authorize a longer term, it may be effective for a longer term so~~	90360
~~authorized. A provider agreement may be renewed only if the~~	90361
~~facility is certified by the department of health for~~	90362
~~participation in the medicaid program.~~	90363

~~The department of job and family services, in accordance with~~	90364
~~rules adopted under section 5111.02 of the Revised Code, may elect~~	90365
~~not to enter into, not to renew, or to terminate a provider~~	90366
~~agreement when the department determines that such an agreement~~	90367
~~would not be in the best interests of medicaid recipients or of~~	90368
~~the state.~~	90369

~~Sec. 5111.223.~~ Sec. 5165.071. ~~The~~A nursing facility operator ~~of a~~	90370
~~nursing facility or intermediate care facility for the mentally~~	90371
~~retarded~~ may enter into provider agreements for more than one	90372
nursing facility ~~or intermediate care facility for the mentally~~	90373
~~retarded~~.	90374

Sec. 5165.072. The department of medicaid, in accordance	90375
with rules adopted under section 5165.02 of the Revised Code, may	90376
elect not to enter into, not to revalidate, or to terminate a	90377
nursing facility provider agreement when the department determines	90378
that such an agreement would not be in the best interests of	90379
medicaid recipients or the state. The department shall not	90380
revalidate a nursing facility provider agreement if the provider	90381
fails to maintain eligibility for the provider agreement as	90382
provided in section 5165.06 of the Revised Code.	90383

~~Sec. 5111.30.~~ Sec. 5165.073. The department of ~~job and family~~	90384
~~services~~medicaid shall terminate the provider agreement with a	90385
nursing facility provider that does not comply with the	90386
requirements of section 3721.071 of the Revised Code for the	90387
installation of fire extinguishing and fire alarm systems.	90388

~~Sec. 5111.31.~~ Sec. 5165.08. (A) Every provider agreement with ~~the~~	90389
a nursing facility provider ~~of a nursing facility or intermediate~~	90390
~~care facility for the mentally retarded~~ shall do both of the	90391
following:	90392

(1) Except as provided by division (B)(1) of this section,	90393
include any part of the nursing facility that meets federal and	90394
state standards for medicaid certification;	90395

(2) Prohibit the provider from doing either of the following:

90396

(a) Discriminating against a resident on the basis of race,	90397
color, sex, creed, or national origin;	90398

(b) Subject to division (D) of this section, failing or	90399
refusing to ~~retain~~do either of the following:	90400

(i) Except as otherwise prohibited under section 5165.82 of	90401
the Revised Code, admit as a resident of the nursing facility an	90402
individual because the individual is, or may (as a resident of the	90403
nursing facility) become, a medicaid recipient if less than eighty	90404
per cent of the nursing facility's residents are medicaid	90405
recipients;	90406

(ii) Retain as a ~~patient any person~~resident of the nursing	90407
facility an individual because the ~~person~~individual is, ~~becomes,~~	90408
or may (as a resident of the nursing facility) become, ~~as a~~	90409
~~patient in the facility, become~~ a medicaid recipient. ~~For the~~	90410
~~purposes of this division, a medicaid recipient who is a patient~~	90411
~~in a facility shall be considered a patient in the facility during~~	90412
~~any hospital stays totaling less than twenty-five days during any~~	90413
~~twelve-month period. Recipients who have been identified by the~~	90414
~~department of job and family services or its designee as requiring~~	90415
~~the level of care of an intermediate care facility for the~~	90416
~~mentally retarded shall not be subject to a maximum period of~~	90417
~~absences during which they are considered patients if prior~~	90418
~~authorization of the department for visits with relatives and~~	90419
~~friends and participation in therapeutic programs is obtained~~	90420
~~under rules adopted under section 5111.02 of the Revised Code.~~	90421

~~(2) Except as provided by division (B)(1) of this section,~~	90422
~~include any part of the facility that meets standards for~~	90423
~~certification of compliance with federal and state laws and rules~~	90424
~~for participation in the medicaid program.~~	90425

~~(3) Prohibit the provider from discriminating against any~~	90426
~~patient on the basis of race, color, sex, creed, or national~~	90427
~~origin.~~	90428

~~(4) Except as otherwise prohibited under section 5111.55 of~~	90429
~~the Revised Code, prohibit the provider from failing or refusing~~	90430
~~to accept a patient because the patient is, becomes, or may, as a~~	90431
~~patient in the facility, become a medicaid recipient if less than~~	90432
~~eighty per cent of the patients in the facility are medicaid~~	90433
~~recipients.~~	90434

(B)(1) Except as provided by division (B)(2) of this section,	90435
~~the following~~beds added during the period beginning July 1, 1987,	90436
and ending July 1, 1993, to a nursing home licensed under Chapter	90437
3721. of the Revised Code are not required to be included in a	90438
provider agreement unless otherwise required by federal law:	90439

~~(a) Beds added during the period beginning July 1, 1987, and~~	90440
~~ending July 1, 1993, to a nursing home licensed under Chapter~~	90441
~~3721. of the Revised Code;~~	90442

~~(b) Beds in an intermediate care facility for the mentally~~	90443
~~retarded that are designated for respite care under a medicaid~~	90444
~~waiver component operated pursuant to a waiver sought under~~	90445
~~section 5111.87 of the Revised Code~~.	90446

(2) If a provider chooses to include a bed specified in	90447
division (B)(1)(a) of this section in a provider agreement, the	90448
bed may not be removed from the provider agreement unless the	90449
provider withdraws the nursing facility in which the bed is	90450
located from the medicaid program.	90451

(C) For the purpose of division (A)(2)(b)(ii) of this	90452
section, a medicaid recipient who is a patient in a nursing	90453
facility shall be considered a patient in the nursing facility	90454
during any hospital stays totaling less than twenty-five days	90455
during any twelve-month period.	90456

(D) Nothing in this section shall bar a provider ~~that~~from	90457
doing any of the following:	90458

(1) If the provider is a religious organization operating a	90459
religious or denominational nursing facility ~~or intermediate care~~	90460
~~facility for the mentally retarded~~ from giving preference to	90461
persons of the same religion or denomination~~. Nothing in this~~	90462
~~section shall bar any provider from giving~~;	90463

(2) Giving preference to persons with whom the provider has	90464
contracted to provide continuing care.	90465

~~(D) Nothing in this section shall bar the provider of~~;

90466

(3) If the nursing facility is a county home organized under	90467
Chapter 5155. of the Revised Code ~~from~~, admitting residents	90468
exclusively from the county in which the county home is located.	90469

~~(E) No provider of a nursing facility or intermediate care~~	90470
~~facility for the mentally retarded for which a provider agreement~~	90471
~~is in effect shall violate the provider contract obligations~~	90472
~~imposed under this section.~~	90473

~~(F) Nothing in divisions (A) and (C) of this section shall~~	90474
~~bar a provider from retaining patients~~;	90475

(4) Retaining residents who have resided in the provider's	90476
nursing facility for not less than one year as private pay	90477
patients and who subsequently become medicaid recipients, but	90478
refusing to accept as a ~~patient~~resident any person who is, or	90479
may,(as a ~~patient in~~resident of the nursing facility,) become a	90480
medicaid recipient, if all of the following apply:	90481

~~(1)~~(a) The provider does not refuse to retain any ~~patient~~	90482
resident who has resided in the provider's nursing facility for	90483
not less than one year as a private pay ~~patient~~resident because	90484
the ~~patient~~resident becomes a medicaid recipient, except as	90485
necessary to comply with division ~~(F)(2)~~(D)(4)(b) of this section;	90486

~~(2)~~(b) The number of medicaid recipients retained under ~~this~~	90487
division (D)(4) of this section does not at any time exceed ten	90488
per cent of all the ~~patients~~residents in the nursing facility;	90489

~~(3)~~(c) On July 1, 1980, all the ~~patients~~residents in the	90490
nursing facility were private pay ~~patients~~residents.	90491

(E) No provider shall violate the provider agreement	90492
obligations imposed by this section.	90493

~~Sec. 5111.32.~~ Sec. 5165.081. ~~Any patient~~A nursing facility	90494
resident has a cause of action against ~~the~~a nursing facility	90495
provider ~~of a nursing facility or intermediate care facility for~~	90496
~~the mentally retarded~~ for breach of the provider agreement	90497
obligations or other duties imposed by section ~~5111.31~~5165.08 of	90498
the Revised Code. The action may be commenced by the ~~patient~~	90499
resident, or on the ~~patient's~~resident's behalf by the ~~patient's~~	90500
resident's sponsor or a residents' rights advocate, ~~as either is~~	90501
~~defined under section 3721.10 of the Revised Code,~~ by the filing	90502
of a civil action in the court of common pleas of the county in	90503
which the nursing facility is located, or in the court of common	90504
pleas of Franklin county.	90505

If ~~the~~a court of common pleas finds that a ~~breach of the~~	90506
provider has breached a provider agreement ~~obligations~~obligation	90507
or other duty imposed by section ~~5111.31~~5165.08 of the Revised	90508
Code ~~has occurred~~, the court may ~~enjoin~~do one or more of the	90509
following:	90510

(A) Enjoin the provider from engaging in the practice~~, order~~;

90511

(B) Order such affirmative relief as may be necessary~~, and~~	90512
~~award~~;	90513

(C) Award to ~~the patient~~a resident and a ~~person~~sponsor or	90514
~~public agency~~government entity that brings anthe action on	90515
behalf of a ~~patient~~resident actual damages, costs, and reasonable	90516
attorney's fees.	90517

Sec. 5165.082. (A) Except as provided in division (B) of	90518
this section, the operator of a nursing facility that elects to	90519
have the nursing facility participate in the medicaid program	90520
shall qualify all of the nursing facility's medicaid-certified	90521
beds in the medicare program. The medicaid director may adopt	90522
rules under section 5165.02 of the Revised Code to establish the	90523
time frame in which a nursing facility must comply with this	90524
requirement.	90525

(B) The department of veterans services is not required to	90526
qualify all of the medicaid-certified beds in a nursing facility	90527
the department maintains and operates under section 5907.01 of the	90528
Revised Code in the medicare program.	90529

~~Sec. 5111.26.~~ Sec. 5165.10. (A)~~(1)(a)~~ Except as provided in	90530
division ~~(A)(1)(b)~~(D) of this section, each nursing facility	90531
provider shall file with the department of ~~job and family services~~	90532
medicaid an annual cost report for each of the provider's nursing	90533
facilities ~~and intermediate care facilities for the mentally~~	90534
~~retarded~~ that participate in the medicaid program. ~~A provider~~	90535
~~shall prepare the reports in accordance with guidelines~~	90536
~~established by the department. A~~The cost report for a year shall	90537
cover athe calendar year or the portion of athe calendar year	90538
during which the nursing facility participated in the medicaid	90539
program. ~~A provider shall file the reports within~~Except as	90540
provided in division (E) of this section, the cost report is due	90541
not later than ninety days after the end of the calendar year, or	90542
portion of the calendar year, that the cost report covers. ~~The~~	90543
~~department, for good cause, may grant a fourteen-day extension of~~	90544
~~the time for filing cost reports upon written request from a~~	90545
~~provider. The director of job and family services shall prescribe,~~	90546
~~in rules adopted under section 5111.02 of the Revised Code, the~~	90547
~~cost reporting form and a uniform chart of accounts for the~~	90548
~~purpose of cost reporting, and shall distribute cost reporting~~	90549
~~forms or computer software for electronic submission of the cost~~	90550
~~report to each provider at least sixty days before the reporting~~	90551
~~date.~~	90552

~~(b) If rates for a provider's nursing facility or~~	90553
~~intermediate care facility for the mentally retarded were most~~	90554
~~recently established under section 5111.254 or 5111.255 of the~~	90555
~~Revised Code, the provider shall submit a cost report for that~~	90556
~~facility no later than ninety days after the end of the facility's~~	90557
~~first three full calendar months of operation. If a nursing~~	90558
~~facility or intermediate care facility for the mentally retarded~~	90559
~~undergoes a change of provider that the department determines, in~~	90560
~~accordance with rules adopted under section 5111.02 of the Revised~~	90561
~~Code, is an arm's length transaction, the new provider shall~~	90562
~~submit a cost report for that facility not later than ninety days~~	90563
~~after the end of the facility's first three full calendar months~~	90564
~~of operation under the new provider. The provider of a facility~~	90565
~~that opens or undergoes a change of provider that is an arm's~~	90566
~~length transaction after the first day of October in any calendar~~	90567
~~year is not required to file a cost report for that calendar year.~~	90568

~~(c)~~(B)(1) If a nursing facility undergoes a change of	90569
provider that the department determines, in accordance with rules	90570
adopted under section ~~5111.02~~5165.02 of the Revised Code, is not	90571
an ~~arms~~arm's length transaction, the new provider shall file a	90572
the nursing facility's cost report ~~under~~in accordance with	90573
division (A)~~(1)(a)~~ of this section ~~for the facility. The~~and the	90574
cost report shall cover the portion of the calendar year during	90575
which the new provider operated the nursing facility and the	90576
portion of the calendar year during which the previous provider	90577
operated the nursing facility.	90578

(2) If a ~~provider required to submit a cost report for a~~	90579
nursing facility ~~or intermediate care facility for the mentally~~	90580
~~retarded does not file the report within the required time period~~	90581
~~or within fourteen days thereafter if an extension is granted~~	90582
~~under division (A)(1)(a) of this section, or files an incomplete~~	90583
~~or inadequate report for the facility, the department shall~~	90584
~~provide immediate written notice to the provider that the provider~~	90585
~~agreement for the facility will be terminated in thirty days~~	90586
~~unless the provider submits a complete and adequate cost report~~	90587
~~for the facility within thirty days. During the thirty-day~~	90588
~~termination period or any additional time allowed for an appeal of~~	90589
~~the proposed termination of a provider agreement, the provider~~	90590
~~shall be paid the facility's then current per resident per day~~	90591
~~rate, minus two dollars. On July 1, 1994, the department shall~~	90592
~~adjust the two-dollar reduction to reflect the rate of inflation~~	90593
~~during the preceding twelve months, as shown in the consumer price~~	90594
~~index for all items for all urban consumers for the north central~~	90595
~~region, published by the United States bureau of labor statistics.~~	90596
~~On July 1, 1995, and the first day of July of each year~~	90597
~~thereafter, the department shall adjust the amount of the~~	90598
~~reduction in effect during the previous twelve months to reflect~~	90599
~~the rate of inflation during the preceding twelve months, as shown~~	90600
~~in the same index~~undergoes a change of provider that the	90601
department determines, in accordance with rules adopted under	90602
section 5165.02 of the Revised Code, is an arm's length	90603
transaction, the new provider shall file with the department a	90604
cost report for the nursing facility not later than, except as	90605
provided in division (E) of this section, ninety days after the	90606
end of the nursing facility's first three full calendar months of	90607
operation under the new provider. The cost report shall cover the	90608
period that begins with the nursing facility's first day of	90609
operation under the new provider and ends on the first day of the	90610
month immediately following the first three full months of	90611
operation under the new provider.	90612

~~(B) No provider shall report fines paid under sections~~	90613
~~5111.35 to 5111.62 or section 5111.99 of the Revised Code in any~~	90614
~~cost report filed under this section.~~	90615

(C) ~~The department shall develop an addendum to the cost~~	90616
~~report form that a provider may use to set forth costs that the~~	90617
~~provider believes may be disputed by the department. Any costs~~	90618
~~reported by the provider on the addendum may be considered by the~~	90619
~~department in setting the facility's rate. If the department does~~	90620
~~not consider the costs listed on the addendum in setting the~~	90621
~~facility's rate, the provider may seek reconsideration of that~~	90622
~~determination under section 5111.29 of the Revised Code. If the~~	90623
~~department subsequently includes the costs listed in the addendum~~	90624
~~in the facility's rate, the department shall pay the provider~~	90625
~~interest at a reasonable rate established in rules adopted under~~	90626
~~section 5111.02 of the Revised Code for the time that the rate~~	90627
~~paid excluded the costs.~~If the medicaid payment rate for a new	90628
nursing facility was most recently determined in accordance with	90629
section 5165.151 of the Revised Code, the provider shall file with	90630
the department a cost report for the new nursing facility not	90631
later than, except as provided in division (E) of this section,	90632
ninety days after the end of the new nursing facility's first	90633
three full calendar months of operation. The cost report shall	90634
cover the period that begins with the nursing facility's first day	90635
of operation and ends on the first day of the month immediately	90636
following the first three full months of operation.	90637

(D) A nursing facility provider is not required to file a	90638
cost report for a nursing facility for a calendar year in	90639
accordance with division (A) of this section if the provider files	90640
a cost report for the nursing facility under division (B)(2) or	90641
(C) of this section and that cost report covers a period that	90642
begins after the first day of October of that calendar year. The	90643
provider shall file a cost report for the nursing facility in	90644
accordance with division (A) of this section for the immediately	90645
following calendar year.	90646

(E) The department may grant to a provider a fourteen-day	90647
extension to file a cost report under this section if the provider	90648
provides the department a written request for the extension and	90649
the department determines that there is good cause for the	90650
extension.	90651

~~Sec. 5111.266.~~ Sec. 5165.101. A nursing facility provider ~~of a~~	90652
~~nursing facility~~ filing the nursing facility's cost report with	90653
the department of ~~job and family services~~medicaid under section	90654
~~5111.26~~5165.10 or 5165.522 of the Revised Code shall report as a	90655
nonreimbursable expense the cost of the nursing facility's	90656
franchise permit fee.	90657

Sec. 5165.102. No nursing facility provider shall report	90658
fines paid under sections 5165.60 to 5165.89 or section 5165.99 of	90659
the Revised Code in a cost report filed under section 5165.10 or	90660
5165.522 of the Revised Code.	90661

Sec. 5165.103. Cost reports shall be completed using the	90662
form prescribed under section 5165.104 of the Revised Code and in	90663
accordance with the guidelines established under that section.	90664

Sec. 5165.104. The department of medicaid shall do all of	90665
the following:	90666

(A) Prescribe the form to be used for completing a cost	90667
report and a uniform chart of accounts for the purpose of	90668
reporting costs on the form;	90669

(B) Distribute a paper copy of the form, or computer software	90670
for electronic submission of the form, to each provider at least	90671
sixty days before the date the cost report is due;	90672

90673

Sec. 5165.105. The department of medicaid shall develop an	90674
addendum to the cost report form that a nursing facility provider	90675
may use to set forth costs that the provider believes the	90676
department may dispute. The department may consider such costs in	90677
determining a nursing facility's medicaid payment rate. If the	90678
department does not consider such costs in determining a nursing	90679
facility's medicaid payment rate, the provider may seek	90680
reconsideration of the determination in accordance with section	90681
5165.38 of the Revised Code. If the department subsequently	90682
includes such costs in a nursing facility's medicaid payment rate,	90683
the department shall pay the provider interest at a reasonable	90684
rate established in rules adopted under section 5165.02 of the	90685
Revised Code for the period that the rate excluded the costs.	90686

Sec. 5165.106. If a nursing facility provider required by	90687
section 5165.10 of the Revised Code to file a cost report for the	90688
nursing facility fails to file the cost report by the date it is	90689
due or the date, if any, to which the due date is extended	90690
pursuant to division (E) of that section, or files an incomplete	90691
or inadequate report for the nursing facility under that section,	90692
the department of medicaid shall provide immediate written notice	90693
to the provider that the provider agreement for the nursing	90694
facility will be terminated in thirty days unless the provider	90695
submits a complete and adequate cost report for the nursing	90696
facility within thirty days. During the thirty-day termination	90697
period or any additional time allowed for an appeal of the	90698
proposed termination of a provider agreement, the provider shall	90699
be paid the nursing facility's then current per medicaid day	90700
payment rate, minus the dollar amount by which nursing facility's	90701
per medicaid day payment rates are reduced during fiscal year 2013	90702
in accordance with division (A)(2) of section 5111.26 of the	90703
Revised Code (renumbered as section 5165.10 of the Revised Code by	90704
H.B. ... of the 130th general assembly) as that section existed on	90705
the day immediately preceding the effective date of this section.	90706
On the first day of each July, the department shall adjust the	90707
amount of the reduction in effect during the previous twelve	90708
months to reflect the rate of inflation during the preceding	90709
twelve months, as shown in the consumer price index for all items	90710
for all urban consumers for the north central region, published by	90711
the United States bureau of labor statistics.	90712

~~Sec. 5111.261.~~ Sec. 5165.107. (A) Except as provided in division	90713
(B) of this section and not later than three years after a nursing	90714
facility provider files a cost report with the department of ~~job~~	90715
~~and family services~~medicaid under section ~~5111.26~~5165.10 of the	90716
Revised Code, the provider may amend the cost report if the	90717
provider discovers a material error in the cost report or	90718
additional information to be included in the cost report. The	90719
department shall review the amended cost report for accuracy and	90720
notify the provider of its determination.	90721

(B) A provider may not amend a cost report if the department	90722
has notified the provider that an audit of the cost report or a	90723
cost report of the provider for a subsequent cost reporting period	90724
is to be conducted under section ~~5111.27~~5165.109 of the Revised	90725
Code. The provider may, however, provide the department	90726
information that affects the costs included in the cost report.	90727
Such information may not be provided after the adjudication of the	90728
final settlement of the cost report.	90729

~~Sec. 5111.27.~~ Sec. 5165.108. (A) The department of ~~job and family~~	90730
~~services~~medicaid shall conduct a desk review of each cost report	90731
it receives under section ~~5111.26~~5165.10 or 5165.522 of the	90732
Revised Code. Based on the desk review, the department shall make	90733
a preliminary determination of whether the reported costs are	90734
allowable costs. The department shall notify each nursing facility	90735
provider of whether any of the reported costs are preliminarily	90736
determined not to be allowable, the medicaid payment rate	90737
~~calculation~~determined under ~~sections 5111.20 to 5111.331 of the~~	90738
~~Revised Code~~this chapter that results from that determination,	90739
and the reasons for the determination and resulting rate. The	90740
department shall allow the provider to verify the calculation and	90741
submit additional information.	90742

~~(B) The department may conduct an audit, as defined by rule~~	90743
~~adopted under section 5111.02 of the Revised Code, of any cost~~	90744
~~report. The decision whether to conduct an audit and the scope of~~	90745
~~the audit, which may be a desk or field audit, may be determined~~	90746
~~based on prior performance of the provider, a risk analysis, or~~	90747
~~other evidence that gives the department reason to believe that~~	90748
~~the provider has reported costs improperly. A desk or field audit~~	90749
~~may be performed annually, but is required whenever a provider~~	90750
~~does not pass the risk analysis tolerance factors. An audit shall~~	90751
~~be conducted by auditors under contract with or employed by the~~	90752
~~department. The department shall notify a provider of the findings~~	90753
~~of an audit by issuing an audit report. An audit report regarding~~	90754
~~a nursing facility shall include notice of any fine imposed under~~	90755
~~section 5111.271 of the Revised Code. The department shall issue~~	90756
~~the audit report no later than three years after the cost report~~	90757
~~is filed, or upon the completion of a desk or field audit on the~~	90758
~~report or a report for a subsequent cost reporting period,~~	90759
~~whichever is earlier.~~	90760

~~The department may establish a contract for the auditing of~~	90761
~~facilities by outside firms. Each contract entered into by bidding~~	90762
~~shall be effective for one to two years. The department shall~~	90763
~~establish an audit manual and program which shall require that all~~	90764
~~field audits, conducted either pursuant to a contract or by~~	90765
~~department employees:~~	90766

~~(1) Comply with the applicable rules prescribed pursuant to~~	90767
~~Titles XVIII and XIX;~~	90768

~~(2) Consider generally accepted auditing standards prescribed~~	90769
~~by the American institute of certified public accountants;~~	90770

~~(3) Include a written summary as to whether the costs~~	90771
~~included in the report examined during the audit are allowable and~~	90772
~~are presented in accordance with state and federal laws and~~	90773
~~regulations, and whether, in all material respects, allowable~~	90774
~~costs are documented, reasonable, and related to patient care;~~	90775

~~(4) Are conducted by accounting firms or auditors who, during~~	90776
~~the period of the auditors' professional engagement or employment~~	90777
~~and during the period covered by the cost reports, do not have nor~~	90778
~~are committed to acquire any direct or indirect financial interest~~	90779
~~in the ownership, financing, or operation of a nursing facility or~~	90780
~~intermediate care facility for the mentally retarded in this~~	90781
~~state;~~	90782

~~(5) Are conducted by accounting firms or auditors who, as a~~	90783
~~condition of the contract or employment, shall not audit any~~	90784
~~facility that has been a client of the firm or auditor;~~	90785

~~(6) Are conducted by auditors who are otherwise independent~~	90786
~~as determined by the standards of independence included in the~~	90787
~~government auditing standards produced by the United States~~	90788
~~government accountability office;~~	90789

~~(7) Are completed within the time period specified by the~~	90790
~~department;~~	90791

~~(8) Provide to the provider complete written interpretations~~	90792
~~that explain in detail the application of all relevant contract~~	90793
~~provisions, regulations, auditing standards, rate formulae, and~~	90794
~~departmental policies, with explanations and examples, that are~~	90795
~~sufficient to permit the provider to calculate with reasonable~~	90796
~~certainty those costs that are allowable and the rate to which the~~	90797
~~provider's facility is entitled.~~	90798

~~For the purposes of division (B)(4) of this section,~~	90799
~~employment of a member of an auditor's family by a nursing~~	90800
~~facility or intermediate care facility for the mentally retarded~~	90801
~~that the auditor does not review does not constitute a direct or~~	90802
~~indirect financial interest in the ownership, financing, or~~	90803
~~operation of the facility.~~	90804

~~(C) The department, pursuant to rules adopted under section~~	90805
~~5111.02 of the Revised Code, may conduct an exception review of~~	90806
~~assessment data submitted under section 5111.232 of the Revised~~	90807
~~Code. The department may conduct an exception review based on the~~	90808
~~findings of a certification survey conducted by the department of~~	90809
~~health, a risk analysis, or prior performance of the provider.~~	90810

~~Exception reviews shall be conducted at the facility by~~	90811
~~appropriate health professionals under contract with or employed~~	90812
~~by the department of job and family services. The professionals~~	90813
~~may review resident assessment forms and supporting documentation,~~	90814
~~conduct interviews, and observe residents to identify any patterns~~	90815
~~or trends of inaccurate assessments and resulting inaccurate~~	90816
~~case-mix scores.~~	90817

~~The rules shall establish an exception review program that~~	90818
~~requires that exception reviews do all of the following:~~	90819

~~(1) Comply with Titles XVIII and XIX;~~

90820

~~(2) Provide a written summary that states whether the~~	90821
~~resident assessment forms have been completed accurately;~~	90822

~~(3) Are conducted by health professionals who, during the~~	90823
~~period of their professional engagement or employment with the~~	90824
~~department, neither have nor are committed to acquire any direct~~	90825
~~or indirect financial interest in the ownership, financing, or~~	90826
~~operation of a nursing facility or intermediate care facility for~~	90827
~~the mentally retarded in this state;~~	90828

~~(4) Are conducted by health professionals who, as a condition~~	90829
~~of their engagement or employment with the department, shall not~~	90830
~~review any provider that has been a client of the professional.~~	90831

~~For the purposes of division (C)(3) of this section,~~	90832
~~employment of a member of a health professional's family by a~~	90833
~~nursing facility or intermediate care facility for the mentally~~	90834
~~retarded that the professional does not review does not constitute~~	90835
~~a direct or indirect financial interest in the ownership,~~	90836
~~financing, or operation of the facility.~~	90837

~~If an exception review is conducted before the effective date~~	90838
~~of the rate that is based on the case-mix data subject to the~~	90839
~~review and the review results in findings that exceed tolerance~~	90840
~~levels specified in the rules adopted under this division, the~~	90841
~~department, in accordance with those rules, may use the findings~~	90842
~~to recalculate individual resident case-mix scores, quarterly~~	90843
~~average facility case-mix scores, and annual average facility~~	90844
~~case-mix scores. The department may use the recalculated quarterly~~	90845
~~and annual facility average case-mix scores to calculate the~~	90846
~~facility's rate for direct care costs for the appropriate calendar~~	90847
~~quarter or quarters.~~	90848

~~(D) The department shall prepare a written summary of any~~	90849
~~audit disallowance or exception review finding that is made after~~	90850
~~the effective date of the rate that is based on the cost or~~	90851
~~case-mix data. Where the provider is pursuing judicial or~~	90852
~~administrative remedies in good faith regarding the disallowance~~	90853
~~or finding, the department shall not withhold from the provider's~~	90854
~~current payments any amounts the department claims to be due from~~	90855
~~the provider pursuant to section 5111.28 of the Revised Code.~~	90856

~~(E) The department shall not reduce rates calculated under~~	90857
~~sections 5111.20 to 5111.331 of the Revised Code on the basis that~~	90858
~~the provider charges a lower rate to any resident who is not~~	90859
~~eligible for the medicaid program.~~	90860

~~(F) The department shall adjust the rates calculated under~~	90861
~~sections 5111.20 to 5111.331 of the Revised Code to account for~~	90862
~~reasonable additional costs that must be incurred by intermediate~~	90863
~~care facilities for the mentally retarded to comply with~~	90864
~~requirements of federal or state statutes, rules, or policies~~	90865
~~enacted or amended after January 1, 1992, or with orders issued by~~	90866
~~state or local fire authorities.~~	90867

Sec. 5165.109. (A) The department of medicaid may conduct an	90868
audit, as defined in rules adopted under section 5165.02 of the	90869
Revised Code, of any cost report filed under section 5165.10 or	90870
5165.522 of the Revised Code. The decision whether to conduct an	90871
audit and the scope of the audit, which may be a desk or field	90872
audit, may be determined based on prior performance of the	90873
provider, a risk analysis, or other evidence that gives the	90874
department reason to believe that the provider has reported costs	90875
improperly. A desk or field audit may be performed annually, but	90876
is required whenever a provider does not pass the risk analysis	90877
tolerance factors.	90878

(B) Audits shall be conducted by auditors under contract with	90879
the department, auditors working for firms under contract with the	90880
department, or auditors employed by the department.	90881

The department may establish a contract for the auditing of	90882
nursing facilities by outside firms. Each contract entered into by	90883
bidding shall be effective for one to two years.	90884

(C) The department shall notify a provider of the findings of	90885
an audit of a cost report by issuing an audit report. The audit	90886
report shall include notice of any fine imposed under section	90887
5165.1010 of the Revised Code. The department shall issue the	90888
audit report not later than three years after the earlier of the	90889
following:	90890

(1) The date the cost report is filed;

90891

(2) The date a desk or field audit of the cost report or a	90892
cost report for a subsequent cost reporting period is completed.	90893

(D) The department shall prepare a written summary of any	90894
audit disallowance that is made after the effective date of the	90895
rate that is based on the cost. Where the provider is pursuing	90896
judicial or administrative remedies in good faith regarding the	90897
disallowance, the department shall not withhold from the	90898
provider's current payments any amounts the department claims to	90899
be due from the provider pursuant to section 5165.41 of the	90900
Revised Code.	90901

(E)(1) The department shall establish an audit manual and	90902
program for field audits conducted under this section. Each	90903
auditor conducting a field audit under this section shall follow	90904
the audit manual and program, regardless of whether the auditor is	90905
under contract with the department, works for a firm under	90906
contract with the department, or is employed by the department.	90907
The manual and program shall do both of the following:	90908

(a) Require each field audit to be conducted by an auditor to	90909
whom all of the following apply:	90910

(i) During the period of the auditor's contract, firm's	90911
contract, or auditor's employment with the department, the auditor	90912
or firm does not have and is not committed to acquire any direct	90913
or indirect financial interest in the ownership, financing, or	90914
operation of nursing facilities in this state.	90915

(ii) The auditor does not audit any provider that has been a	90916
client of the auditor or the auditor's firm.	90917

(iii) The auditor is otherwise independent as determined by	90918
the standards of independence included in the government auditing	90919
standards produced by the United States government accountability	90920
office.	90921

(b) Require each auditor conducting a field audit to do all	90922
of the following:	90923

(i) Comply with applicable rules prescribed pursuant to Title	90924
XVIII and Title XIX;	90925

(ii) Consider generally accepted auditing standards	90926
prescribed by the American institute of certified public	90927
accountants;	90928

(iii) Include a written summary as to whether the costs	90929
included in the cost report examined during the audit are	90930
allowable and are presented in accordance with state and federal	90931
laws and regulations, and whether, in all material respects,	90932
allowable costs are documented, reasonable, and related to patient	90933
care;	90934

(iv) Complete the audit within the time period specified by	90935
the department;	90936

(v) Provide to the provider complete written interpretations	90937
that explain in detail the application of all relevant contract	90938
provisions, regulations, auditing standards, rate formulae, and	90939
departmental policies, with explanations and examples, that are	90940
sufficient to permit the provider to calculate with reasonable	90941
certainty those costs that are allowable and the rate to which the	90942
provider's nursing facility is entitled.	90943

(2) For the purpose of division (E)(1)(a)(i) of this section,	90944
employment of a member of an auditor's family by a nursing	90945
facility that the auditor does not audit does not constitute a	90946
direct or indirect financial interest in the ownership, financing,	90947
or operation of the nursing facility.	90948

~~Sec. 5111.271.~~ Sec. 5165.1010. (A) Subject to division (D) of this	90949
section, the department of ~~job and family services~~medicaid shall	90950
fine the provider of a nursing facility if the report of an audit	90951
conducted under ~~division (B) of~~ section ~~5111.27~~5165.109 of the	90952
Revised Code regarding a cost report for the nursing facility	90953
includes either of the following:	90954

(1) Adverse findings that exceed three per cent of the total	90955
amount of ~~medicaid-reimbursable~~medicaid-allowable costs reported	90956
in the cost report;	90957

(2) Adverse findings that exceed twenty per cent of	90958
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	90959
cost center reported in the cost report.	90960

(B) A fine issued under this section shall equal the greatest	90961
of the following:	90962

(1) If the adverse findings exceed three per cent but do not	90963
exceed ten per cent of the total amount of ~~medicaid-reimbursable~~	90964
medicaid-allowable costs reported in the cost report, the greater	90965
of three per cent of those reported costs or ten thousand dollars;	90966

(2) If the adverse findings exceed ten per cent but do not	90967
exceed twenty per cent of the total amount of	90968
~~medicaid-reimbursable~~medicaid-allowable costs reported in the	90969
cost report, the greater of six per cent of those reported costs	90970
or twenty-five thousand dollars;	90971

(3) If the adverse findings exceed twenty per cent of the	90972
total amount of ~~medicaid-reimbursable~~medicaid-allowable costs	90973
reported in the cost report, the greater of ten per cent of those	90974
reported costs or fifty thousand dollars;	90975

(4) If the adverse findings exceed twenty per cent but do not	90976
exceed twenty-five per cent of ~~medicaid-reimbursable~~	90977
medicaid-allowable costs for a particular cost center reported in	90978
the cost report, the greater of three per cent of the total amount	90979
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	90980
cost report or ten thousand dollars;	90981

(5) If the adverse findings exceed twenty-five per cent but	90982
do not exceed thirty per cent of ~~medicaid-reimbursable~~	90983
medicaid-allowable costs for a particular cost center reported in	90984
the cost report, the greater of six per cent of the total amount	90985
of ~~medicaid-reimbursable~~medicaid-allowable costs reported in the	90986
cost report or twenty-five thousand dollars;	90987

(6) If the adverse findings exceed thirty per cent of	90988
~~medicaid-reimbursable~~medicaid-allowable costs for a particular	90989
cost center reported in the cost report, the greater of ten per	90990
cent of the total amount of ~~medicaid-reimbursable~~	90991
medicaid-allowable costs reported in the cost report or fifty	90992
thousand dollars.	90993

(C) Fines paid under this section shall be deposited into the	90994
health care services administration fund created under section	90995
~~5111.94~~5162.54 of the Revised Code.	90996

(D) The department may not collect a fine under this section	90997
until all appeal rights relating to the audit report that is the	90998
basis for the fine are exhausted.	90999

~~Sec. 5111.222.~~ Sec. 5165.15. (A) ~~As used in this section, "low~~	91000
~~resource utilization resident" means a medicaid recipient residing~~	91001
~~in a nursing facility who, for purposes of calculating the nursing~~	91002
~~facility's medicaid reimbursement rate for direct care costs, is~~	91003
~~placed in either of the two lowest resource utilization groups,~~	91004
~~excluding any resource utilization group that is a default group~~	91005
~~used for residents with incomplete assessment data.~~	91006

~~(B)~~ Except as otherwise provided by sections ~~5111.20~~5165.151	91007
to ~~5111.331~~5165.156 and 5165.34 of the Revised Code ~~and by~~	91008
~~division (C) of this section~~, the total per medicaid day payment	91009
rate that the department of ~~job and family services~~medicaid shall	91010
~~agree to~~ pay ~~for a fiscal year to the provider of~~ a nursing	91011
facility ~~pursuant to a provider agreement~~provider for nursing	91012
facility services the provider's nursing facility provides during	91013
a fiscal year shall equal the sum of all of the following:	91014

(1) ~~The rate for direct care costs determined for the nursing~~	91015
~~facility under section 5111.231 of the Revised Code;~~	91016

~~(2)~~ The per medicaid day payment rate for ancillary and	91017
support costs determined for the nursing ~~facility's ancillary and~~	91018
~~support cost peer group~~facility under section ~~5111.24~~5165.16 of	91019
the Revised Code;	91020

~~(3)~~(2) The per medicaid day payment rate for capital costs	91021
determined for the nursing facility under section 5165.17 of the	91022
Revised Code;	91023

(3) The per medicaid day payment rate for direct care costs	91024
determined for the nursing facility under section 5165.19 of the	91025
Revised Code;	91026

(4) The per medicaid day payment rate for tax costs	91027
determined for the nursing facility under section ~~5111.242~~5165.21	91028
of the Revised Code;	91029

~~(4) The quality incentive payment paid to the nursing~~	91030
~~facility under section 5111.244 of the Revised Code;~~	91031

(5) If the nursing facility qualifies as a critical access	91032
nursing facility, the nursing facility's critical access incentive	91033
payment paid ~~to the nursing facility~~ under section ~~5111.246~~	91034
5165.23 of the Revised Code;	91035

(6) The ~~rate for capital costs determined for the nursing~~	91036
~~facility's capital costs peer group under section 5111.25~~quality	91037
incentive payment paid to the nursing facility under section	91038
5165.25 of the Revised Code.	91039

~~(C) The total rate determined under division (B) of this~~	91040
~~section shall not be paid for nursing facility services provided~~	91041
~~to low resource utilization residents. Instead, the total rate for~~	91042
~~nursing facility services that a nursing facility provides to low~~	91043
~~resource utilization residents shall be one hundred thirty dollars~~	91044
~~per medicaid day.~~	91045

~~(D)~~(B) In addition to paying a nursing facility provider the	91046
nursing facility's total rate determined under division ~~(B) or~~	91047
~~(C)~~(A) of this section for a fiscal year, the department shall pay	91048
the provider a quality bonus under section ~~5111.245~~5165.26 of the	91049
Revised Code for that fiscal year if the provider's nursing	91050
facility is a qualifying nursing facility, as defined in that	91051
section, for that fiscal year. The quality bonus shall not be part	91052
of the total rate.	91053

~~Sec. 5111.254.~~ Sec. 5165.151. (A) The ~~department of job and family~~	91054
~~services shall establish initial rates for a nursing facility with~~	91055
~~a first date of licensure that is on or after July 1, 2006,~~	91056
~~including a facility that replaces one or more existing~~	91057
~~facilities, or for a nursing facility with a first date of~~	91058
~~licensure before that date that was initially certified for the~~	91059
~~medicaid program on or after that date,~~total per medicaid day	91060
payment rate determined under section 5165.15 of the Revised Code	91061
shall not be the initial rate for nursing facility services	91062
provided by a new nursing facility. Instead, the initial total per	91063
medicaid day payment rate for nursing facility services provided	91064
by a new nursing facility shall be determined in the following	91065
manner:	91066

(1) The initial rate for ancillary and support costs shall be	91067
the rate for the new nursing facility's peer group determined	91068
under division (D) of section 5165.16 of the Revised Code.	91069

(2) The initial rate for capital costs shall be the rate for	91070
the new nursing facility's peer group determined under division	91071
(D) of section 5165.17 of the Revised Code;	91072

(3) The initial rate for direct care costs shall be the	91073
product of the cost per case-mix unit determined under division	91074
(D) of section ~~5111.231~~5165.19 of the Revised Code for the new	91075
nursing facility's peer group and the new nursing facility's	91076
case-mix score determined under division (B) of this section. ~~For~~	91077
~~the purpose of division (A)(1) of this section, the nursing~~	91078
~~facility's case-mix score shall be the following:~~	91079

~~(a) Unless the nursing facility replaces an existing nursing~~	91080
~~facility that participated in the medicaid program immediately~~	91081
~~before the replacement nursing facility begins participating in~~	91082
~~the medicaid program, the median annual average case-mix score for~~	91083
~~the nursing facility's peer group;~~	91084

~~(b) If the nursing facility replaces an existing nursing~~	91085
~~facility that participated in the medicaid program immediately~~	91086
~~before the replacement nursing facility begins participating in~~	91087
~~the medicaid program, the semiannual case-mix score most recently~~	91088
~~determined under section 5111.232 of the Revised Code for the~~	91089
~~replaced nursing facility as adjusted, if necessary, to reflect~~	91090
~~any difference in the number of beds in the replaced and~~	91091
~~replacement nursing facilities.~~	91092

~~(2) The rate for ancillary and support costs shall be the~~	91093
~~rate for the facility's peer group determined under division (D)~~	91094
~~of section 5111.24 of the Revised Code.~~	91095

~~(3) The rate for capital costs shall be the rate for the~~	91096
~~facility's peer group determined under division (D) of section~~	91097
~~5111.25 of the Revised Code.~~	91098

(4) The initial rate for tax costs shall be the median rate	91099
for tax costs for the new nursing facility's peer group in which	91100
the nursing facility is placed under division (C) of section	91101
~~5111.24~~5165.16 of the Revised Code.	91102

(5) The quality incentive payment shall be the mean payment	91103
made to nursing facilities under section ~~5111.244~~5165.25 of the	91104
Revised Code.	91105

(B) For the purpose of division (A)(3) of this section, a new	91106
nursing facility's case-mix score shall be the following:	91107

(1) Unless the new nursing facility replaces an existing	91108
nursing facility that participated in the medicaid program	91109
immediately before the new nursing facility begins participating	91110
in the medicaid program, the median annual average case-mix score	91111
for the new nursing facility's peer group;	91112

(2) If the nursing facility replaces an existing nursing	91113
facility that participated in the medicaid program immediately	91114
before the new nursing facility begins participating in the	91115
medicaid program, the semiannual case-mix score most recently	91116
determined under section 5165.192 of the Revised Code for the	91117
replaced nursing facility as adjusted, if necessary, to reflect	91118
any difference in the number of beds in the replaced and new	91119
nursing facilities.	91120

(C) Subject to division ~~(C)~~(D) of this section, the	91121
department shall adjust the rates established under division (A)	91122
of this section effective the first day of July, to reflect new	91123
rate calculations for all nursing facilities under ~~sections~~	91124
~~5111.20 to 5111.331 of the Revised Code~~this chapter.	91125

~~(C)~~(D) If a rate for direct care costs is determined under	91126
this section for a new nursing facility using the median annual	91127
average case-mix score for the new nursing facility's peer group,	91128
the rate shall be redetermined to reflect the ~~replacement~~new	91129
nursing facility's actual semiannual average case-mix score	91130
determined under section ~~5111.232~~5165.192 of the Revised Code	91131
after the new nursing facility submits its first two quarterly	91132
assessment data that qualify for use in calculating a case-mix	91133
score in accordance with rules authorized by ~~division (E) of~~	91134
section ~~5111.232~~5165.192 of the Revised Code. If the new nursing	91135
facility's quarterly submissions do not qualify for use in	91136
calculating a case-mix score, the department shall continue to use	91137
the median annual average case-mix score for the new nursing	91138
facility's peer group in lieu of the new nursing facility's	91139
semiannual case-mix score until the new nursing facility submits	91140
two consecutive quarterly assessment data that qualify for use in	91141
calculating a case-mix score.	91142

Sec. 5165.152. The total per medicaid day payment rate	91143
determined under section 5165.15 of the Revised Code shall not be	91144
paid for nursing facility services provided to low resource	91145
utilization residents. Instead, the total rate for such nursing	91146
facility services shall be one hundred thirty dollars per medicaid	91147
day.	91148

~~Sec. 5111.258.~~ Sec. 5165.153. (A) ~~Notwithstanding sections 5111.20~~	91149
~~to 5111.331 of the Revised Code (except section 5111.259 of the~~	91150
~~Revised Code), the director of job and family services shall adopt~~	91151
~~rules under section 5111.02 of the Revised Code that establish a~~	91152
~~methodology for calculating the prospective rates that will be~~	91153
~~paid each fiscal year to a provider for each of the provider's~~	91154
~~eligible nursing facilities and intermediate care facilities for~~	91155
~~the mentally retarded, and discrete units of the provider's~~	91156
~~nursing facilities or intermediate care facilities for the~~	91157
~~mentally retarded, that serve residents who have diagnoses~~The	91158
total per medicaid day payment rate determined under section	91159
5165.15 of the Revised Code shall not be paid for nursing facility	91160
services provided by a nursing facility, or discrete unit of a	91161
nursing facility, designated by the department of medicaid as an	91162
outlier nursing facility or unit. Instead, the provider of a	91163
designated outlier nursing facility or unit shall be paid each	91164
fiscal year a total per medicaid day payment rate that the	91165
department shall prospectively determine in accordance with a	91166
methodology established in rules authorized by this section.	91167

(B) The department may designate a nursing facility, or	91168
discrete unit of a nursing facility, as an outlier nursing	91169
facility or unit if the nursing facility or unit serves residents	91170
who have either of the following:	91171

(1) Diagnoses or special care needs that require direct care	91172
resources that are not measured adequately by the ~~applicable~~	91173
resident assessment instrument specified in rules authorized by	91174
section ~~5111.232~~5165.191 of the Revised Code~~, or who have~~	91175
~~diagnoses~~;	91176

(2) Diagnoses or special care needs specified in ~~the~~ rules	91177
authorized by this section as otherwise qualifying for	91178
consideration under this section. ~~The facilities and units of~~	91179
~~facilities whose rates are established under this division may~~	91180
~~include, but shall not be limited to, any of the following:~~	91181

~~(1) In the case of nursing facilities, facilities and units~~	91182
~~of facilities that serve medically fragile pediatric residents,~~	91183
~~residents who are dependent on ventilators, or residents who have~~	91184
~~severe traumatic brain injury, end-stage Alzheimer's disease, or~~	91185
~~end-stage acquired immunodeficiency syndrome;~~	91186

~~(2) In the case of intermediate care facilities for the~~	91187
~~mentally retarded, facilities and units of facilities that serve~~	91188
~~residents who have complex medical conditions or severe behavioral~~	91189
~~problems.~~	91190

~~The department shall use the methodology established under~~	91191
~~this division to pay for services rendered by such facilities and~~	91192
~~units after June 30, 1993.~~	91193

(C) Notwithstanding any other provision of this chapter	91194
(except section 5165.156 of the Revised Code), the costs incurred	91195
by a designated outlier nursing facility or unit shall not be	91196
considered in establishing medicaid payment rates for other	91197
nursing facilities or units.	91198

(D) The medicaid director shall adopt rules under section	91199
5165.02 of the Revised Code as necessary to implement this	91200
section.	91201

(1)(a) The rules ~~authorized by this division~~ shall ~~specify~~do	91202
both of the following:	91203

(i) Specify the criteria and procedures the department will	91204
apply when designating ~~facilities and units that qualify for~~	91205
~~calculation of rates under this division~~a nursing facility, or	91206
discrete unit of a nursing facility, as an outlier nursing	91207
facility or unit;	91208

(ii) Establish a methodology for prospectively determining	91209
the total per medicaid day payment rate that will be paid each	91210
fiscal year for nursing facility services provided by a designated	91211
outlier nursing facility or unit. ~~The criteria shall include~~	91212

(b) The rules authorized by division (D)(1)(a)(i) of this	91213
section regarding the criteria for designating outlier nursing	91214
facilities and units shall do both of the following:	91215

(i) Provide for consideration of whether all of the allowable	91216
costs of ~~the~~a nursing facility, or discrete unit of a nursing	91217
facility, would be paid by ~~rates established~~a rate determined	91218
under ~~sections 5111.20 to 5111.331~~section 5165.15 of the Revised	91219
Code~~, and shall establish a~~;	91220

(ii) Specify the minimum ~~bed size for a~~number of nursing	91221
facility beds that a nursing facility, or discrete unit ~~to qualify~~	91222
toof a nursing facility, must have ~~its rates established under~~	91223
~~this division~~to be designated an outlier nursing facility or	91224
unit, which may vary based on the diagnoses or special care needs	91225
of the residents served by the nursing facility or unit. ~~The~~	91226
~~criteria shall not be designed to require that residents be served~~	91227
~~only in~~	91228

(c) The rules authorized by division (D)(1)(a)(i) of this	91229
section regarding the criteria for designating outlier nursing	91230
facilities and units shall not limit the designation to nursing	91231
facilities, or discrete units of nursing facilities, located in	91232
large cities. ~~The~~	91233

(d) The rules authorized by division (D)(1)(a)(ii) of this	91234
section regarding the methodology for prospectively determining	91235
the rates of designated outlier nursing facilities and units shall	91236
provide for the methodology ~~established by the rules shall~~to	91237
consider the historical costs of providing ~~care~~nursing facility	91238
services to the residents of ~~the~~designated outlier nursing	91239
facilities orand units.	91240

(2)(a) The rules may ~~require~~do both of the following:

91241

(i) Include for designation as an outlier nursing facility or	91242
unit, a nursing facility, or discrete unit of a nursing facility,	91243
that serves medically fragile pediatric residents; residents who	91244
are dependent on ventilators; residents who have severe traumatic	91245
brain injury, end-stage Alzheimer's disease, or end-stage acquired	91246
immunodeficiency syndrome; or residents with other diagnoses or	91247
special care needs specified in the rules;	91248

(ii) Require that a designated outlier nursing facility	91249
~~designated under this division or containing a unit designated~~	91250
~~under this division~~ receive authorization from the department to	91251
~~admit~~before admitting or ~~retain~~retaining a resident ~~to the~~	91252
~~facility or unit and~~.	91253

(b) If the director adopts rules authorized by division	91254
(D)(2)(a)(ii) of this section regarding the authorization of a	91255
designated outlier nursing facility or unit to admit or retain a	91256
resident, the rules shall specify the criteria and procedures the	91257
department will apply when granting that authorization.	91258

~~Notwithstanding any other provision of sections 5111.20 to~~	91259
~~5111.331 of the Revised Code (except section 5111.259 of the~~	91260
~~Revised Code), the costs incurred by facilities or units whose~~	91261
~~rates are established under this division shall not be considered~~	91262
~~in establishing payment rates for other facilities or units.~~	91263

~~(B) The director may adopt rules under section 5111.02 of the~~	91264
~~Revised Code under which the department, notwithstanding any other~~	91265
~~provision of sections 5111.20 to 5111.331 of the Revised Code~~	91266
~~(except section 5111.259 of the Revised Code), may adjust the~~	91267
~~rates determined under sections 5111.20 to 5111.331 of the Revised~~	91268
~~Code for a facility that serves a resident who has a diagnosis or~~	91269
~~special care need that, in the rules authorized by division (A) of~~	91270
~~this section, would qualify a facility or unit of a facility to~~	91271
~~have its rate determined under that division, but who is not in~~	91272
~~such a unit. The rules may require that a facility that qualifies~~	91273
~~for a rate adjustment under this division receive authorization~~	91274
~~from the department to admit or retain a resident who qualifies~~	91275
~~the facility for the rate adjustment and shall specify the~~	91276
~~criteria and procedures the department will apply when granting~~	91277
~~that authorization.~~	91278

Sec. 5165.154. (A) To the extent, if any, provided for in	91279
rules authorized by this section, the total per medicaid day	91280
payment rate determined under section 5165.15 of the Revised Code	91281
shall not be paid for nursing facility services that a nursing	91282
facility not designated as an outlier nursing facility or unit	91283
provides to a resident who meets the criteria for admission to a	91284
designated outlier nursing facility or unit, as specified in rules	91285
authorized by section 5165.153 of the Revised Code. Instead, the	91286
provider of a nursing facility providing nursing facility services	91287
to such a resident shall be paid each fiscal year a total per	91288
medicaid day payment rate that the department of medicaid shall	91289
prospectively determine in accordance with a methodology	91290
established in rules authorized by this section.	91291

(B) The medicaid director may adopt rules under section	91292
5165.02 of the Revised Code to implement this section. The rules	91293
may require that a nursing facility receive authorization from the	91294
department before admitting or retaining a resident who meets the	91295
criteria for admission to a designated outlier nursing facility or	91296
unit. If the director adopts such rules, the rules shall specify	91297
the criteria and procedures the department will apply when	91298
granting the authorization.	91299

~~Sec. 5111.225.~~ Sec. 5165.155. (A) As used in this section:

91300

~~"Dual eligible individual" has the same meaning as in section~~	91301
~~1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),~~	91302
~~42 U.S.C. 1396n(h)(2)(B).~~	91303

~~"Medicaid~~, "medicaid maximum allowable amount" means one	91304
hundred per cent of a nursing facility's total per ~~diem~~medicaid	91305
day payment rate ~~for a medicaid day~~.	91306

(B) ~~The~~Instead of paying the total per medicaid day payment	91307
rate determined under section 5165.15 of the Revised Code, the	91308
department of ~~job and family services~~medicaid shall pay the	91309
provider of a nursing facility the lesser of the following for	91310
nursing facility services the nursing facility provides on or	91311
after January 1, 2012, to a dual eligible individual who is	91312
eligible for nursing facility services under the medicaid program	91313
and post-hospital extended care services under Part A of Title	91314
XVIII:	91315

(1) The coinsurance amount for the services as provided under	91316
Part A of Title XVIII;	91317

(2) The medicaid maximum allowable amount for the services,	91318
less the amount paid under Part A of Title XVIII for the services.	91319

~~Sec. 5111.259.~~ Sec. 5165.156. The medicaid director ~~of job and~~	91320
~~family services~~ may ~~submit a request to the United States~~	91321
~~secretary of health and human services for approval to~~ establish a	91322
centers of excellence component of the medicaid program. The	91323
purpose of the centers of excellence component is to increase the	91324
efficiency and quality of nursing facility services provided to	91325
medicaid recipients with complex nursing facility service needs.	91326
~~If federal approval for the centers of excellence component is~~	91327
~~granted, the~~The director may adopt rules under section ~~5111.02~~	91328
5165.02 of the Revised Code governing the component, including	91329
rules that establish a method of determining the medicaid	91330
~~reimbursement~~payment rates for nursing facilities providing	91331
nursing facility services to medicaid recipients participating in	91332
the component. The rules may specify the extent to which, if any,	91333
of the provisions of ~~section 5111.258~~sections 5165.153 and	91334
5165.154 of the Revised Code are to apply to the centers of	91335
excellence component. If such rules are adopted, the nursing	91336
facilities that provide nursing facility services to medicaid	91337
recipients participating in the centers of excellence component	91338
shall be paid for those services in accordance with the method	91339
established in the rules ~~notwithstanding anything to the contrary~~	91340
~~in sections 5111.20 to 5111.331~~instead of the total per medicaid	91341
day payment rate determined under section 5165.15 of the Revised	91342
Code.	91343

~~Sec. 5111.24.~~ Sec. 5165.16. (A) As used in this section:

91344

(1) "Applicable calendar year" means the following:

91345

(a) For the purpose of the department of ~~job and family~~	91346
~~services'~~medicaid's initial determination under division (D) of	91347
this section of each peer group's rate for ancillary and support	91348
costs, calendar year 2003;	91349

(b) For the purpose of the department's rebasings, the	91350
calendar year the department selects.	91351

(2) "Rebasing" means a redetermination under division (D) of	91352
this section of each peer ~~groups'~~group's rate for ancillary and	91353
support costs using information from cost reports for an	91354
applicable calendar year that is later than the applicable	91355
calendar year used for the previous determination of such rates.	91356

(B) The department of ~~job and family services~~medicaid shall	91357
~~pay a provider for~~determine each ~~of the provider's eligible~~	91358
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	91359
payment rate for ancillary and support costs ~~determined for the~~.	91360
A nursing facility's ~~peer group~~rate shall be the rate determined	91361
under division (D) of this section for the nursing facility's peer	91362
group. However, for the period beginning October 1, 2013, and	91363
ending on the first day of the first rebasing, the rate for a	91364
nursing facility located in Mahoning or Stark county shall be the	91365
rate determined for the following:	91366

(1) If the nursing facility has fewer than one hundred beds,	91367
the nursing facilities in peer group three;	91368

(2) If the nursing facility has one hundred or more beds, the	91369
nursing facilities in peer group four.	91370

(C) For the purpose of determining nursing facilities' ~~rate~~	91371
rates for ancillary and support costs, the department shall	91372
establish six peer groups.	91373

~~Each~~(1) Until the first rebasing occurs, the peer groups	91374
shall be composed as follows:	91375

(a) Each nursing facility located in any of the following	91376
counties shall be placed in peer group one or two: Brown, Butler,	91377
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	91378
located in any of those counties that has fewer than one hundred	91379
beds shall be placed in peer group one. Each nursing facility	91380
located in any of those counties that has one hundred or more beds	91381
shall be placed in peer group two.	91382

(b) Each nursing facility located in any of the following	91383
counties shall be placed in peer group three or four: Ashtabula,	91384
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	91385
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	91386
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	91387
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	91388
Union, and Wood. Each nursing facility located in any of those	91389
counties that has fewer than one hundred beds shall be placed in	91390
peer group three. Each nursing facility located in any of those	91391
counties that has one hundred or more beds shall be placed in peer	91392
group four.	91393

(c) Each nursing facility located in any of the following	91394
counties shall be placed in peer group five or six: Adams, Allen,	91395
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	91396
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	91397
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	91398
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	91399
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	91400
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	91401
Washington, Wayne, Williams, and Wyandot. Each nursing facility	91402
located in any of those counties that has fewer than one hundred	91403
beds shall be placed in peer group five. Each nursing facility	91404
located in any of those counties that has one hundred or more beds	91405
shall be placed in peer group six.	91406

(2) Beginning with the first rebasing, the peer groups shall	91407
be composed as they are under division (C)(1) of this section	91408
except as follows:	91409

(a) Each nursing facility that has fewer than one hundred	91410
beds and is located in Mahoning or Stark county shall be placed in	91411
peer group three rather than peer group five.	91412

(b) Each nursing facility that has one hundred or more beds	91413
and is located in Mahoning or Stark county shall be placed in peer	91414
group four rather than peer group six.	91415

(D)(1) The department shall determine the rate for ancillary	91416
and support costs for each peer group established under division	91417
(C) of this section. The department is not required to conduct a	91418
rebasing more than once every ten years. Except as necessary to	91419
implement the amendments made to this section by Am. Sub. H.B. 153	91420
and Sub. H.B. 303, both of the 129th general assembly, the rate	91421
for ancillary and support costs determined under this division for	91422
a peer group shall be used for subsequent years until the	91423
department conducts a rebasing. To determine a peer group's rate	91424
for ancillary and support costs, the department shall do all of	91425
the following:	91426

(a) Subject to division (D)(2) of this section, determine the	91427
rate for ancillary and support costs for each nursing facility in	91428
the peer group for the applicable calendar year by using the	91429
greater of the nursing facility's actual inpatient days for the	91430
applicable calendar year or the inpatient days the nursing	91431
facility would have had for the applicable calendar year if its	91432
occupancy rate had been ninety per cent;	91433

(b) Subject to division (D)(3) of this section, identify	91434
which nursing facility in the peer group is at the twenty-fifth	91435
percentile of the rate for ancillary and support costs for the	91436
applicable calendar year determined under division (D)(1)(a) of	91437
this section;	91438

(c) Multiply the rate for ancillary and support costs	91439
determined under division (D)(1)(a) of this section for the	91440
nursing facility identified under division (D)(1)(b) of this	91441
section by the rate of inflation for the eighteen-month period	91442
beginning on the first day of July of the applicable calendar year	91443
and ending the last day of December of the calendar year	91444
immediately following the applicable calendar year using the	91445
following:	91446

(i) Until the first rebasing occurs, the consumer price index	91447
for all items for all urban consumers for the north central	91448
region, published by the United States bureau of labor statistics,	91449
as that index existed on July 1, 2005;	91450

(ii) Effective with the first rebasing and except as provided	91451
in division (D)(1)(c)(iii) of this section, the consumer price	91452
index for all items for all urban consumers for the midwest	91453
region, published by the United States bureau of labor statistics;	91454

(iii) If the United States bureau of labor statistics ceases	91455
to publish the index specified in division (D)(1)(c)(ii) of this	91456
section, the index the bureau subsequently publishes that covers	91457
urban consumers' prices for items for the region that includes	91458
this state.	91459

(d) Until the first rebasing occurs, increase the amount	91460
calculated under division (D)(1)(c) of this section by five and	91461
eight hundredths per cent.	91462

(2) For the purpose of determining a nursing facility's	91463
occupancy rate under division (D)(1)(a) of this section, the	91464
department shall include any beds that the nursing facility	91465
removes from its medicaid-certified capacity unless the nursing	91466
facility also removes the beds from its licensed bed capacity.	91467

(3) In making the identification under division (D)(1)(b) of	91468
this section, the department shall exclude both of the following:	91469

(a) Nursing facilities that participated in the medicaid	91470
program under the same provider for less than twelve months in the	91471
applicable calendar year;	91472

(b) Nursing facilities whose ancillary and support costs are	91473
more than one standard deviation from the mean desk-reviewed,	91474
actual, allowable, per diem ancillary and support cost for all	91475
nursing facilities in the nursing facility's peer group for the	91476
applicable calendar year.	91477

(4) The department shall not redetermine a peer group's rate	91478
for ancillary and support costs under this division based on	91479
additional information that it receives after the rate is	91480
determined. The department shall redetermine a peer group's rate	91481
for ancillary and support costs only if the department made an	91482
error in determining the rate based on information available to	91483
the department at the time of the original determination.	91484

~~Sec. 5111.25.~~ Sec. 5165.17. (A) As used in this section:

91485

(1) "Applicable calendar year" means the following:

91486

(a) For the purpose of the department of ~~job and family~~	91487
~~services'~~medicaid's initial determination under division (D) of	91488
this section of each peer group's rate for capital costs, calendar	91489
year 2003;	91490

(b) For the purpose of the department's rebasings, the	91491
calendar year the department selects.	91492

(2) "Rebasing" means a redetermination under division (D) of	91493
this section of each peer ~~groups'~~group's rate for capital costs	91494
using information from cost reports for an applicable calendar	91495
year that is later than the applicable calendar year used for the	91496
previous determination of such rates.	91497

(B) The department of ~~job and family services~~medicaid shall	91498
~~pay a provider for~~determine each ~~of the provider's eligible~~	91499
nursing ~~facilities a~~facility's per ~~resident per~~medicaid day	91500
payment rate for capital costs ~~determined for the~~. A nursing	91501
facility's ~~peer group~~rate shall be the rate determined under	91502
division (D) of this section. However, for the period beginning	91503
October 1, 2013, and ending on the first day of the first	91504
rebasing, the rate for a nursing facility located in Mahoning or	91505
Stark county shall be the rate determined for the following:	91506

(1) If the nursing facility has fewer than one hundred beds,	91507
the nursing facilities in peer group three;	91508

(2) If the nursing facility has one hundred or more beds, the	91509
nursing facilities in peer group four.	91510

(C) For the purpose of determining nursing facilities' ~~rate~~	91511
rates for capital costs, the department shall establish six peer	91512
groups.	91513

~~Each~~(1) Until the first rebasing occurs, the peer groups	91514
shall be composed as follows:	91515

(a) Each nursing facility located in any of the following	91516
counties shall be placed in peer group one or two: Brown, Butler,	91517
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	91518
located in any of those counties that has fewer than one hundred	91519
beds shall be placed in peer group one. Each nursing facility	91520
located in any of those counties that has one hundred or more beds	91521
shall be placed in peer group two.	91522

(b) Each nursing facility located in any of the following	91523
counties shall be placed in peer group three or four: Ashtabula,	91524
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	91525
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	91526
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	91527
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	91528
Union, and Wood. Each nursing facility located in any of those	91529
counties that has fewer than one hundred beds shall be placed in	91530
peer group three. Each nursing facility located in any of those	91531
counties that has one hundred or more beds shall be placed in peer	91532
group four.	91533

(c) Each nursing facility located in any of the following	91534
counties shall be placed in peer group five or six: Adams, Allen,	91535
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	91536
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	91537
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	91538
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	91539
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	91540
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	91541
Washington, Wayne, Williams, and Wyandot. Each nursing facility	91542
located in any of those counties that has fewer than one hundred	91543
beds shall be placed in peer group five. Each nursing facility	91544
located in any of those counties that has one hundred or more beds	91545
shall be placed in peer group six.	91546

(2) Beginning with the first rebasing, the peer groups shall	91547
be composed as they are under division (C)(1) of this section	91548
except as follows:	91549

(a) Each nursing facility that has fewer than one hundred	91550
beds and is located in Mahoning or Stark county shall be placed in	91551
peer group three rather than peer group five.	91552

(b) Each nursing facility that has one hundred or more beds	91553
and is located in Mahoning or Stark county shall be placed in peer	91554
group four rather than peer group six.	91555

(D)(1) The department shall determine the rate for capital	91556
costs for each peer group established under division (C) of this	91557
section. The department is not required to conduct a rebasing more	91558
than once every ten years. Except as necessary to implement the	91559
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	91560
303, both of the 129th general assembly, the rate for capital	91561
costs determined under this division for a peer group shall be	91562
used for subsequent years until the department conducts a	91563
rebasing. To determine a peer group's rate for capital costs, the	91564
department shall do both of the following:	91565

(a) Determine the rate for capital costs for the nursing	91566
facility in the peer group that is at the twenty-fifth percentile	91567
of the rate for capital costs for the applicable calendar year;	91568

(b) Until the first rebasing occurs, increase the amount	91569
calculated under division (D)(1)(a) of this section by five and	91570
eight hundredths per cent.	91571

(2) To identify the nursing facility in a peer group that is	91572
at the twenty-fifth percentile of the rate for capital costs for	91573
the applicable calendar year, the department shall do both of the	91574
following:	91575

(a) Subject to division (D)(3) of this section, use the	91576
greater of each nursing facility's actual inpatient days for the	91577
applicable calendar year or the inpatient days the nursing	91578
facility would have had for the applicable calendar year if its	91579
occupancy rate had been one hundred per cent;	91580

(b) Exclude both of the following:

91581

(i) Nursing facilities that participated in the medicaid	91582
program under the same provider for less than twelve months in the	91583
applicable calendar year;	91584

(ii) Nursing facilities whose capital costs are more than one	91585
standard deviation from the mean desk-reviewed, actual, allowable,	91586
per diem capital cost for all nursing facilities in the nursing	91587
facility's peer group for the applicable calendar year.	91588

(3) For the purpose of determining a nursing facility's	91589
occupancy rate under division (D)(2)(a) of this section, the	91590
department shall include any beds that the nursing facility	91591
removes from its medicaid-certified capacity after June 30, 2005,	91592
unless the nursing facility also removes the beds from its	91593
licensed bed capacity.	91594

(4) The department shall not redetermine a peer group's rate	91595
for capital costs under this division based on additional	91596
information that it receives after the rate is determined. The	91597
department shall redetermine a peer group's rate for capital costs	91598
only if the department made an error in determining the rate based	91599
on information available to the department at the time of the	91600
original determination.	91601

(E) Buildings shall be depreciated using the straight line	91602
method over forty years or over a different period approved by the	91603
department. Components and equipment shall be depreciated using	91604
the straight-line method over a period designated in rules adopted	91605
under section ~~5111.02~~5165.02 of the Revised Code, consistent with	91606
the guidelines of the American hospital association, or over a	91607
different period approved by the department. Any rules authorized	91608
by this division that specify useful lives of buildings,	91609
components, or equipment apply only to assets acquired on or after	91610
July 1, 1993. Depreciation for costs paid or reimbursed by any	91611
government agency shall not be included in capital costs unless	91612
that part of the payment under ~~sections 5111.20 to 5111.331 of the~~	91613
~~Revised Code~~this chapter is used to reimburse the government	91614
agency.	91615

(F) The capital cost basis of nursing facility assets shall	91616
be determined in the following manner:	91617

(1) Except as provided in division (F)(3) of this section,	91618
for purposes of calculating the rates to be paid for facilities	91619
with dates of licensure on or before June 30, 1993, the capital	91620
cost basis of each asset shall be equal to the desk-reviewed,	91621
actual, allowable, capital cost basis that is listed on the	91622
facility's cost report for the calendar year preceding the fiscal	91623
year during which the rate will be paid.	91624

(2) For facilities with dates of licensure after June 30,	91625
1993, the capital cost basis shall be determined in accordance	91626
with the principles of the medicare program ~~established under~~	91627
~~Title XVIII~~, except as otherwise provided in ~~sections 5111.20 to~~	91628
~~5111.331 of the Revised Code~~this chapter.	91629

(3) Except as provided in division (F)(4) of this section, if	91630
a provider transfers an interest in a facility to another provider	91631
after June 30, 1993, there shall be no increase in the capital	91632
cost basis of the asset if the providers are related parties or	91633
the provider to which the interest is transferred authorizes the	91634
provider that transferred the interest to continue to operate the	91635
facility under a lease, management agreement, or other	91636
arrangement. If the previous sentence does not prohibit the	91637
adjustment of the capital cost basis under this division, the	91638
basis of the asset shall be adjusted by one-half of the change in	91639
the consumer price index for all items for all urban consumers, as	91640
published by the United States bureau of labor statistics, during	91641
the time that the transferor held the asset.	91642

(4) If a provider transfers an interest in a facility to	91643
another provider who is a related party, the capital cost basis of	91644
the asset shall be adjusted as specified in division (F)(3) of	91645
this section if all of the following conditions are met:	91646

(a) The related party is a relative of owner;

91647

(b) Except as provided in division (F)(4)(c)(ii) of this	91648
section, the provider making the transfer retains no ownership	91649
interest in the facility;	91650

(c) The department ~~of job and family services~~ determines that	91651
the transfer is an arm's length transaction pursuant to rules	91652
adopted under section ~~5111.02~~5165.02 of the Revised Code. The	91653
rules shall provide that a transfer is an arm's length transaction	91654
if all of the following apply:	91655

(i) Once the transfer goes into effect, the provider that	91656
made the transfer has no direct or indirect interest in the	91657
provider that acquires the facility or the facility itself,	91658
including interest as an owner, officer, director, employee,	91659
independent contractor, or consultant, but excluding interest as a	91660
creditor.	91661

(ii) The provider that made the transfer does not reacquire	91662
an interest in the facility except through the exercise of a	91663
creditor's rights in the event of a default. If the provider	91664
reacquires an interest in the facility in this manner, the	91665
department shall treat the facility as if the transfer never	91666
occurred when the department calculates its reimbursement rates	91667
for capital costs.	91668

(iii) The transfer satisfies any other criteria specified in	91669
the rules.	91670

(d) Except in the case of hardship caused by a catastrophic	91671
event, as determined by the department, or in the case of a	91672
provider making the transfer who is at least sixty-five years of	91673
age, not less than twenty years have elapsed since, for the same	91674
facility, the capital cost basis was adjusted most recently under	91675
division (F)(4) of this section or actual, allowable ~~cost of~~	91676
~~ownership~~capital costs was determined most recently under	91677
division (G)(9) of this section.	91678

(G) As used in this division:

91679

"Imputed interest" means the lesser of the prime rate plus	91680
two per cent or ten per cent.	91681

"Lease expense" means lease payments in the case of an	91682
operating lease and depreciation expense and interest expense in	91683
the case of a capital lease.	91684

"New lease" means a lease, to a different lessee, of a	91685
nursing facility that previously was operated under a lease.	91686

(1) Subject to division (B) of this section, for a lease of a	91687
facility that was effective on May 27, 1992, the entire lease	91688
expense is an actual, allowable capital cost during the term of	91689
the existing lease. The entire lease expense also is an actual,	91690
allowable capital cost if a lease in existence on May 27, 1992, is	91691
renewed under either of the following circumstances:	91692

(a) The renewal is pursuant to a renewal option that was in	91693
existence on May 27, 1992;	91694

(b) The renewal is for the same lease payment amount and	91695
between the same parties as the lease in existence on May 27,	91696
1992.	91697

(2) Subject to division (B) of this section, for a lease of a	91698
facility that was in existence but not operated under a lease on	91699
May 27, 1992, actual, allowable capital costs shall include the	91700
lesser of the annual lease expense or the annual depreciation	91701
expense and imputed interest expense that would be calculated at	91702
the inception of the lease using the lessor's entire historical	91703
capital asset cost basis, adjusted by one-half of the change in	91704
the consumer price index for all items for all urban consumers, as	91705
published by the United States bureau of labor statistics, during	91706
the time the lessor held each asset until the beginning of the	91707
lease.	91708

(3) Subject to division (B) of this section, for a lease of a	91709
facility with a date of licensure on or after May 27, 1992, that	91710
is initially operated under a lease, actual, allowable capital	91711
costs shall include the annual lease expense if there was a	91712
substantial commitment of money for construction of the facility	91713
after December 22, 1992, and before July 1, 1993. If there was not	91714
a substantial commitment of money after December 22, 1992, and	91715
before July 1, 1993, actual, allowable capital costs shall include	91716
the lesser of the annual lease expense or the sum of the	91717
following:	91718

(a) The annual depreciation expense that would be calculated	91719
at the inception of the lease using the lessor's entire historical	91720
capital asset cost basis;	91721

(b) The greater of the lessor's actual annual amortization of	91722
financing costs and interest expense at the inception of the lease	91723
or the imputed interest expense calculated at the inception of the	91724
lease using seventy per cent of the lessor's historical capital	91725
asset cost basis.	91726

(4) Subject to division (B) of this section, for a lease of a	91727
facility with a date of licensure on or after May 27, 1992, that	91728
was not initially operated under a lease and has been in existence	91729
for ten years, actual, allowable capital costs shall include the	91730
lesser of the annual lease expense or the annual depreciation	91731
expense and imputed interest expense that would be calculated at	91732
the inception of the lease using the entire historical capital	91733
asset cost basis of one-half of the change in the consumer price	91734
index for all items for all urban consumers, as published by the	91735
United States bureau of labor statistics, during the time the	91736
lessor held each asset until the beginning of the lease.	91737

(5) Subject to division (B) of this section, for a new lease	91738
of a facility that was operated under a lease on May 27, 1992,	91739
actual, allowable capital costs shall include the lesser of the	91740
annual new lease expense or the annual old lease payment. If the	91741
old lease was in effect for ten years or longer, the old lease	91742
payment from the beginning of the old lease shall be adjusted by	91743
one-half of the change in the consumer price index for all items	91744
for all urban consumers, as published by the United States bureau	91745
of labor statistics, from the beginning of the old lease to the	91746
beginning of the new lease.	91747

(6) Subject to division (B) of this section, for a new lease	91748
of a facility that was not in existence or that was in existence	91749
but not operated under a lease on May 27, 1992, actual, allowable	91750
capital costs shall include the lesser of annual new lease expense	91751
or the annual amount calculated for the old lease under division	91752
(G)(2), (3), (4), or (6) of this section, as applicable. If the	91753
old lease was in effect for ten years or longer, the lessor's	91754
historical capital asset cost basis shall be, for purposes of	91755
calculating the annual amount under division (G)(2), (3), (4), or	91756
(6) of this section, adjusted by one-half of the change in the	91757
consumer price index for all items for all urban consumers, as	91758
published by the United States bureau of labor statistics, from	91759
the beginning of the old lease to the beginning of the new lease.	91760

In the case of a lease under division (G)(3) of this section	91761
of a facility for which a substantial commitment of money was made	91762
after December 22, 1992, and before July 1, 1993, the old lease	91763
payment shall be adjusted for the purpose of determining the	91764
annual amount.	91765

(7) For any revision of a lease described in division (G)(1),	91766
(2), (3), (4), (5), or (6) of this section, or for any subsequent	91767
lease of a facility operated under such a lease, other than	91768
execution of a new lease, the portion of actual, allowable capital	91769
costs attributable to the lease shall be the same as before the	91770
revision or subsequent lease.	91771

(8) Except as provided in division (G)(9) of this section, if	91772
a provider leases an interest in a facility to another provider	91773
who is a related party or previously operated the facility, the	91774
related party's or previous operator's actual, allowable capital	91775
costs shall include the lesser of the annual lease expense or the	91776
reasonable cost to the lessor.	91777

(9) If a provider leases an interest in a facility to another	91778
provider who is a related party, regardless of the date of the	91779
lease, the related party's actual, allowable capital costs shall	91780
include the annual lease expense, subject to the limitations	91781
specified in divisions (G)(1) to (7) of this section, if all of	91782
the following conditions are met:	91783

(a) The related party is a relative of owner;

91784

(b) If the lessor retains an ownership interest, it is,	91785
except as provided in division (G)(9)(c)(ii) of this section, in	91786
only the real property and any improvements on the real property;	91787

(c) The department ~~of job and family services~~ determines that	91788
the lease is an arm's length transaction pursuant to rules adopted	91789
under section ~~5111.02~~5165.02 of the Revised Code. The rules shall	91790
provide that a lease is an arm's length transaction if all of the	91791
following apply:	91792

(i) Once the lease goes into effect, the lessor has no direct	91793
or indirect interest in the lessee or, except as provided in	91794
division (G)(9)(b) of this section, the facility itself, including	91795
interest as an owner, officer, director, employee, independent	91796
contractor, or consultant, but excluding interest as a lessor.	91797

(ii) The lessor does not reacquire an interest in the	91798
facility except through the exercise of a lessor's rights in the	91799
event of a default. If the lessor reacquires an interest in the	91800
facility in this manner, the department shall treat the facility	91801
as if the lease never occurred when the department calculates its	91802
reimbursement rates for capital costs.	91803

(iii) The lease satisfies any other criteria specified in the	91804
rules.	91805

(d) Except in the case of hardship caused by a catastrophic	91806
event, as determined by the department, or in the case of a lessor	91807
who is at least sixty-five years of age, not less than twenty	91808
years have elapsed since, for the same facility, the capital cost	91809
basis was adjusted most recently under division (F)(4) of this	91810
section or actual, allowable capital costs were determined most	91811
recently under division (G)(9) of this section.	91812

(10) This division does not apply to leases of specific items	91813
of equipment.	91814

~~Sec. 5111.231.~~ Sec. 5165.19. (A) As used in this section:

91815

(1) "Applicable calendar year" means the following:

91816

(a) For the purpose of the department of ~~job and family~~	91817
~~services'~~medicaid's initial determination under division (D) of	91818
this section of each peer group's cost per case-mix unit, calendar	91819
year 2003;	91820

(b) For the purpose of the department's rebasings, the	91821
calendar year the department selects.	91822

(2) "Rebasing" means a redetermination under division (D) of	91823
this section of each peer ~~groups'~~group's cost per case-mix unit	91824
using information from cost reports for an applicable calendar	91825
year that is later than the applicable calendar year used for the	91826
previous determination of such costs.	91827

(B) ~~The~~Semiannually, the department of ~~job and family~~	91828
~~services~~medicaid shall ~~pay a provider for~~determine each ~~of the~~	91829
~~provider's eligible~~ nursing ~~facilities a~~facility's per ~~resident~~	91830
~~per~~medicaid day payment rate for direct care costs ~~determined~~	91831
~~semiannually~~ by multiplying ~~the cost per case-mix unit determined~~	91832
~~under division (D) of this section for the facility's peer group~~	91833
by the facility's semiannual case-mix score determined under	91834
section ~~5111.232~~5165.192 of the Revised Code by the cost per	91835
case-mix unit determined under division (D) of this section for	91836
the facility's peer group. However, for the period beginning	91837
October 1, 2013, and ending on the first day of the first	91838
rebasing, the rate for a nursing facility located in Mahoning or	91839
Stark county shall be determined semiannually by multiplying the	91840
facility's semiannual case-mix score determined under section	91841
5165.192 of the Revised Code by the cost per case-mix unit	91842
determined under division (D) of this section for the nursing	91843
facilities in peer group two.	91844

(C) For the purpose of determining nursing facilities' ~~rate~~	91845
rates for direct care costs, the department shall establish three	91846
peer groups.	91847

~~Each~~(1) Until the first rebasing occurs, the peer groups	91848
shall be composed as follows:	91849

(a) Each nursing facility located in any of the following	91850
counties shall be placed in peer group one: Brown, Butler,	91851
Clermont, Clinton, Hamilton, and Warren.	91852

(b) Each nursing facility located in any of the following	91853
counties shall be placed in peer group two: Ashtabula, Champaign,	91854
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	91855
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	91856
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	91857
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	91858
and Wood.	91859

(c) Each nursing facility located in any of the following	91860
counties shall be placed in peer group three: Adams, Allen,	91861
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	91862
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	91863
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	91864
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	91865
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	91866
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	91867
Washington, Wayne, Williams, and Wyandot.	91868

(2) Beginning with the first rebasing, the peer groups shall	91869
be composed as they are under division (C)(1) of this section	91870
except that each nursing facility located in Mahoning or Stark	91871
county shall be placed in peer group two rather than peer group	91872
three.	91873

(D)(1) The department shall determine a cost per case-mix	91874
unit for each peer group established under division (C) of this	91875
section. The department is not required to conduct a rebasing more	91876
than once every ten years. Except as necessary to implement the	91877
amendments made to this section by Am. Sub. H.B. 153 and Sub. H.B.	91878
303, both of the 129th general assembly, and H.B... of the 130th	91879
general assembly, the cost per case-mix unit determined under this	91880
division for a peer group shall be used for subsequent years until	91881
the department conducts a rebasing. To determine a peer group's	91882
cost per case-mix unit, the department shall do all of the	91883
following:	91884

(a) Determine the cost per case-mix unit for each nursing	91885
facility in the peer group for the applicable calendar year by	91886
dividing each facility's desk-reviewed, actual, allowable, per	91887
diem direct care costs for the applicable calendar year by the	91888
facility's annual average case-mix score determined under section	91889
~~5111.232~~5165.192 of the Revised Code for the applicable calendar	91890
year;	91891

(b) Subject to division (D)(2) of this section, identify	91892
which nursing facility in the peer group is at the twenty-fifth	91893
percentile of the cost per case-mix units determined under	91894
division (D)(1)(a) of this section;	91895

(c) Calculate the amount that is two per cent above the cost	91896
per case-mix unit determined under division (D)(1)(a) of this	91897
section for the nursing facility identified under division	91898
(D)(1)(b) of this section;	91899

(d) Using the index specified in division (D)(3) of this	91900
section, multiply the rate of inflation for the eighteen-month	91901
period beginning on the first day of July of the applicable	91902
calendar year and ending the last day of December of the calendar	91903
year immediately following the applicable calendar year by the	91904
amount calculated under division (D)(1)(c) of this section;	91905

(e) Until the first rebasing occurs, add ~~one dollar and~~	91906
~~eighty-eight cents~~the following amount to the amount calculated	91907
under division (D)(1)(d) of this section;:	91908

(i) For fiscal year 2014, one dollar and eighty-eight cents;

91909

(ii) For fiscal year 2015 and each fiscal year thereafter,	91910
one dollar and fifty-six cents.	91911

(f) Until the first rebasing occurs, increase the amount	91912
calculated under division (D)(1)(e) of this section by five and	91913
eight hundredths per cent.	91914

(2) In making the identification under division (D)(1)(b) of	91915
this section, the department shall exclude both of the following:	91916

(a) Nursing facilities that participated in the medicaid	91917
program under the same provider for less than twelve months in the	91918
applicable calendar year;	91919

(b) Nursing facilities whose cost per case-mix unit is more	91920
than one standard deviation from the mean cost per case-mix unit	91921
for all nursing facilities in the nursing facility's peer group	91922
for the applicable calendar year.	91923

(3) The following index shall be used for the purpose of the	91924
calculation made under division (D)(1)(d) of this section:	91925

(a) Until the first rebasing occurs, the employment cost	91926
index for total compensation, health services component, published	91927
by the United States bureau of labor statistics, as the index	91928
existed on July 1, 2005;	91929

(b) Effective with the first rebasing and except as provided	91930
in division (D)(3)(c) of this section, the employment cost index	91931
for total compensation, nursing and residential care facilities	91932
occupational group, published by the United States bureau of labor	91933
statistics;	91934

(c) If the United States bureau of labor statistics ceases to	91935
publish the index specified in division (D)(3)(b) of this section,	91936
the index the bureau subsequently publishes that covers nursing	91937
facilities' staff costs.	91938

(4) The department shall not redetermine a peer group's cost	91939
per case-mix unit under this division based on additional	91940
information that it receives after the peer group's per case-mix	91941
unit is determined. The department shall redetermine a peer	91942
group's cost per case-mix unit only if it made an error in	91943
determining the peer group's cost per case-mix unit based on	91944
information available to the department at the time of the	91945
original determination.	91946

Sec. 5165.191. Each calendar quarter, each nursing facility	91947
provider shall compile complete assessment data for each resident	91948
of each of the provider's nursing facilities, regardless of	91949
payment source, who is in the nursing facility, or on hospital or	91950
therapeutic leave from the nursing facility, on the last day of	91951
the quarter. A resident assessment instrument specified in rules	91952
authorized by this section shall be used to compile the resident	91953
assessment data. Each provider shall submit the resident	91954
assessment data to the department of health and, if required by	91955
the rules, the department of medicaid. The resident assessment	91956
data shall be submitted not later than fifteen days after the end	91957
of the calendar quarter for which the data is compiled. If the	91958
resident assessment data is to be submitted to the department of	91959
medicaid, it shall be submitted to the department through the	91960
medium or media specified in the rules.	91961

Rules adopted under section 5165.02 of the Revised Code shall	91962
do all of the following:	91963

(A) In a manner consistent with the "Social Security Act,"	91964
section 1919(e)(5), 42 U.S.C. 1396r(e)(5), specify a resident	91965
assessment instrument to be used by nursing facility providers	91966
under this section;	91967

(B) Specify whether nursing facility providers must submit	91968
the resident assessment data to the department of medicaid;	91969

(C) If the rules specify that nursing facility providers must	91970
submit the resident assessment data to the department, specify the	91971
medium or media through which the data is to be submitted.	91972

~~Sec. 5111.232.~~ Sec. 5165.192. (A)(1) ~~The~~Except as provided in	91973
division (B) of this section and in accordance with the process	91974
specified in rules authorized by this section, the department of	91975
~~job and family services~~medicaid shall do all of the following:	91976

(a) Every quarter, determine the following two case-mix	91977
scores for each nursing facility:	91978

(i) A quarterly case-mix score that includes each resident	91979
who is a medicaid recipient and is not a low resource utilization	91980
resident;	91981

(ii) A quarterly case-mix score that includes each resident	91982
regardless of payment source.	91983

(b) Every six months, determine a semiannual ~~and annual~~	91984
average case-mix ~~scores~~score for each nursing ~~facilities~~facility	91985
by using ~~all of~~ the ~~following:~~quarterly case-mix scores	91986
determined for the nursing facility pursuant to division	91987
(A)(1)(a)(i) of this section;	91988

(c) After the end of each calendar year, determine an annual	91989
average case-mix score for each nursing facility by using the	91990
quarterly case-mix scores determined for the nursing facility	91991
pursuant to division (A)(1)(a)(ii) of this section.	91992

(2) When determining case-mix scores under division (A)(1) of	91993
this section, the department shall use all of the following:	91994

(a) Data from a resident assessment instrument specified in	91995
rules ~~adopted under~~authorized by section ~~5111.02~~5165.191 of the	91996
Revised Code ~~pursuant to section 1919(e)(5) of the "Social~~	91997
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as~~	91998
~~amended, for the following residents:~~	91999

~~(i) When determining semiannual case-mix scores for fiscal~~	92000
~~year 2012, each resident who is a medicaid recipient~~;	92001

~~(ii) When determining semiannual case-mix scores for fiscal~~	92002
~~year 2013 and thereafter, each resident who is a medicaid~~	92003
~~recipient and not placed in either of the two lowest resource~~	92004
~~utilization groups, excluding any resource utilization group that~~	92005
~~is a default group used for residents with incomplete assessment~~	92006
~~data;~~	92007

~~(iii) When determining annual average case-mix scores, each~~	92008
~~resident regardless of payment source.~~	92009

(b) Except as provided in rules authorized by ~~divisions~~	92010
~~(A)(2)(a) and (b) of~~ this section, the case-mix values established	92011
by the United States department of health and human services;	92012

(c) Except as modified in rules authorized by ~~division~~	92013
~~(A)(2)(c) of~~ this section, the grouper methodology used on June	92014
30, 1999, by the United States department of health and human	92015
services for prospective payment of skilled nursing facilities	92016
under the medicare program ~~established by Title XVIII~~.	92017

~~(2) The director of job and family services may adopt rules~~	92018
~~under section 5111.02 of the Revised Code that do any of the~~	92019
~~following:~~	92020

~~(a) Adjust the case-mix values specified in division~~	92021
~~(A)(1)(b) of this section to reflect changes in relative wage~~	92022
~~differentials that are specific to this state;~~	92023

~~(b) Express all of those case-mix values in numeric terms~~	92024
~~that are different from the terms specified by the United States~~	92025
~~department of health and human services but that do not alter the~~	92026
~~relationship of the case-mix values to one another;~~	92027

~~(c) Modify the grouper methodology specified in division~~	92028
~~(A)(1)(c) of this section as follows:~~	92029

~~(i) Establish a different hierarchy for assigning residents~~	92030
~~to case-mix categories under the methodology;~~	92031

~~(ii) Prohibit the use of the index maximizer element of the~~	92032
~~methodology;~~	92033

~~(iii) Incorporate changes to the methodology the United~~	92034
~~States department of health and human services makes after June~~	92035
~~30, 1999;~~	92036

~~(iv) Make other changes the department determines are~~	92037
~~necessary.~~	92038

(B) ~~The department shall determine case-mix scores for~~	92039
~~intermediate care facilities for the mentally retarded using data~~	92040
~~for each resident, regardless of payment source, from a resident~~	92041
~~assessment instrument and grouper methodology prescribed in rules~~	92042
~~adopted under section 5111.02 of the Revised Code and expressed in~~	92043
~~case-mix values established by the department in those rules.~~	92044

~~(C) Each calendar quarter, each provider shall compile~~	92045
~~complete assessment data, from the resident assessment instrument~~	92046
~~specified in rules authorized by division (A) or (B) of this~~	92047
~~section, for each resident of each of the provider's facilities,~~	92048
~~regardless of payment source, who was in the facility or on~~	92049
~~hospital or therapeutic leave from the facility on the last day of~~	92050
~~the quarter. Providers of a nursing facility shall submit the data~~	92051
~~to the department of health and, if required by rules, the~~	92052
~~department of job and family services.~~ ~~Providers of an~~	92053
~~intermediate care facility for the mentally retarded shall submit~~	92054
~~the data to the department of job and family services.~~ The data	92055
shall be submitted not later than fifteen days after the end of	92056
the calendar quarter for which the data is compiled.	92057

~~Except as provided in division (D) of this section, the~~	92058
~~department~~, every six months and after the end of each calendar	92059
year, shall calculate a semiannual and annual average case-mix	92060
score for each nursing facility using the facility's quarterly	92061
case-mix scores for that six-month period or calendar year. ~~Also~~	92062
~~except as provided in division (D) of this section, the~~	92063
~~department, after the end of each calendar year, shall calculate~~	92064
~~an annual average case-mix score for each intermediate care~~	92065
~~facility for the mentally retarded using the facility's quarterly~~	92066
~~case-mix scores for that calendar year.~~ The department shall make	92067
the calculations pursuant to procedures specified in rules adopted	92068
under section 5111.02 of the Revised Code.	92069

~~(D)~~(1) ~~If a~~Subject to division (B)(2) of this section, the	92070
department, for one or more months of a calendar quarter, may	92071
assign to a nursing facility a case-mix score that is five per	92072
cent less than the nursing facility's case-mix score for the	92073
immediately preceding calendar quarter if any of the following	92074
apply:	92075

(a) The provider does not timely submit ~~information~~complete	92076
and accurate resident assessment data necessary to determine the	92077
nursing facility's case-mix score for athe calendar quarter	92078
~~necessary to calculate a facility's case-mix score, or submits~~	92079
~~incomplete or inaccurate information for a calendar quarter, the~~	92080
~~department may assign the facility a quarterly average case-mix~~	92081
~~score that is five per cent less than the facility's quarterly~~	92082
~~average case-mix score for the preceding calendar quarter. If the~~;	92083

(b) The nursing facility was subject to an exception review	92084
under ~~division (C) of~~ section ~~5111.27~~5165.193 of the Revised Code	92085
for the immediately preceding calendar quarter~~, the department may~~	92086
~~assign a quarterly average case-mix score that is five per cent~~	92087
~~less than the score determined by the exception review. If the~~;	92088

(c) The nursing facility was assigned a ~~quarterly average~~	92089
case-mix score for the immediately preceding calendar quarter~~, the~~	92090
~~department may assign a quarterly average case-mix score that is~~	92091
~~five per cent less than that score assigned for the preceding~~	92092
~~quarter~~.	92093

~~The department may use a quarterly average case-mix score~~	92094
~~assigned under division (D)(1) of this section, instead of a~~	92095
~~quarterly average case-mix score calculated based on the~~	92096
~~provider's submitted information, to calculate the facility's rate~~	92097
~~for direct care costs being established under section~~ ~~5111.23 or~~	92098
5111.231 of the Revised Code for one or more months, as specified	92099
in rules authorized by division (E) of this section, of the	92100
quarter for which the rate established under section ~~5111.23 or~~	92101
5111.231 of the Revised Code will be paid.	92102

(2) Before ~~taking action under division (D)(1) of this~~	92103
~~section~~assigning a case-mix score to a nursing facility due to	92104
the submission of incorrect resident assessment data, the	92105
department shall permit the provider ~~a reasonable period of time,~~	92106
~~specified in rules authorized by division (E) of this section,~~ to	92107
correct the ~~information~~data. ~~In the case of an intermediate care~~	92108
~~facility for the mentally retarded, the department shall not~~	92109
~~assign a quarterly average case-mix score due to late submission~~	92110
~~of corrections to assessment information unless the provider fails~~	92111
~~to submit corrected information prior to the eighty-first day~~	92112
~~after the end of the calendar quarter to which the information~~	92113
~~pertains. In the case of a nursing facility, the~~The department	92114
~~shall not~~may assign ~~a quarterly average~~the case-mix score ~~due to~~	92115
~~late submission of corrections to assessment information unless~~if	92116
the provider fails to submit the corrected ~~information prior to~~	92117
resident assessment data not later than the earlier of the	92118
~~forty-sixth~~forty-fifth day after the end of the calendar quarter	92119
to which the ~~information~~data pertains or the deadline for	92120
submission of such corrections established by regulations adopted	92121
by the United States department of health and human services under	92122
~~Titles~~Title XVIII and Title XIX.	92123

~~(2)~~(3) If, for more than six months in a calendar year, a	92124
provider is paid a rate determined for a nursing facility	92125
~~calculated~~ using a ~~quarterly average~~ case-mix score assigned to	92126
the nursing facility under division ~~(D)~~(B)(1) of this section ~~for~~	92127
~~more than six months in a calendar year~~, the department may assign	92128
the nursing facility a cost per case-mix unit that is five per	92129
cent less than the nursing facility's actual or assigned cost per	92130
case-mix unit for the immediately preceding calendar year. The	92131
department may use the assigned cost per case-mix unit, instead of	92132
~~calculating~~determining the nursing facility's actual cost per	92133
case-mix unit in accordance with section ~~5111.23 or 5111.231~~	92134
5165.19 of the Revised Code, to establish the nursing facility's	92135
rate for direct care costs for the ~~following~~ fiscal year	92136
immediately following the calendar year for which the cost per	92137
case-mix unit is assigned.	92138

~~(3)~~(4) The department shall take action under division	92139
~~(D)~~(B)(1) or, (2), or (3) of this section only in accordance with	92140
rules authorized by ~~division (E) of~~ this section. The department	92141
shall not take an action that affects rates for prior payment	92142
periods except in accordance with sections ~~5111.27~~5165.41 and	92143
~~5111.28~~5165.42 of the Revised Code.	92144

~~(E)~~(C) The medicaid director shall adopt rules under section	92145
~~5111.02~~5165.02 of the Revised Code ~~that~~as necessary to implement	92146
this section.	92147

(1) The rules shall do all of the following:

92148

~~(1) Specify whether providers of a nursing facility must~~	92149
~~submit the assessment data to the department of job and family~~	92150
~~services;~~	92151

~~(2) Specify the medium or media through which the completed~~	92152
~~assessment data shall be submitted;~~	92153

~~(3)~~(a) Specify the process for determining the semiannual and	92154
annual average case-mix scores for nursing facilities;	92155

(b) Adjust the case-mix values specified in division	92156
(A)(2)(b) of this section to reflect changes in relative wage	92157
differentials that are specific to this state;	92158

(c) Express all of those case-mix values in numeric terms	92159
that are different from the terms specified by the United States	92160
department of health and human services but that do not alter the	92161
relationship of the case-mix values to one another;	92162

(d) Modify the grouper methodology specified in division	92163
(A)(2)(c) of this section as follows:	92164

(i) Establish a different hierarchy for assigning residents	92165
to case-mix categories under the methodology;	92166

(ii) Prohibit the use of the index maximizer element of the	92167
methodology;	92168

(iii) Incorporate changes to the methodology the United	92169
States department of health and human services makes after June	92170
30, 1999;	92171

(iv) Make other changes the department determines are	92172
necessary.	92173

(e) Establish procedures under which ~~the~~resident assessment	92174
data shall be reviewed for accuracy and providers shall be	92175
notified of any data that requires correction;	92176

~~(4)~~(f) Establish procedures for providers to correct resident	92177
assessment data and specify a reasonable period of time by which	92178
providers shall submit the corrections. The procedures may limit	92179
the content of corrections ~~by providers of nursing facilities~~ in	92180
the manner required by regulations adopted by the United States	92181
department of health and human services under ~~Titles~~Title XVIII	92182
and Title XIX.	92183

~~(5)~~(g) Specify when and how the department will assign	92184
case-mix scores or costs per case-mix unit to a nursing facility	92185
under division ~~(D)~~(B) of this section if information necessary to	92186
calculate the nursing facility's case-mix score is not provided or	92187
corrected in accordance with the procedures established by the	92188
rules. ~~Notwithstanding~~	92189

(2) Notwithstanding any other provision of ~~sections 5111.20~~	92190
~~to 5111.331 of the Revised Code~~this chapter, the rules ~~also~~ may	92191
provide for the ~~following:~~	92192

~~(a) Exclusion of case-mix scores assigned under division (D)~~	92193
~~of this section from calculation of an intermediate care facility~~	92194
~~for the mentally retarded's annual average case-mix score and the~~	92195
~~maximum cost per case-mix unit for the facility's peer group;~~	92196

~~(b) Exclusion~~exclusion of case-mix scores assigned to a	92197
nursing facility under division ~~(D)~~(B) of this section from	92198
~~calculation~~the determination of athe nursing facility's	92199
semiannual or annual average case-mix score and the cost per	92200
case-mix unit for the nursing facility's peer group.	92201

Sec. 5165.193. (A) The department of medicaid may, pursuant	92202
to rules authorized by this section, conduct an exception review	92203
of resident assessment data submitted by a nursing facility	92204
provider under section 5165.191 of the Revised Code. The	92205
department may conduct an exception review based on the findings	92206
of a medicaid certification survey conducted by the department of	92207
health, a risk analysis, or prior performance of the provider.	92208

Exception reviews shall be conducted at the nursing facility	92209
by appropriate health professionals under contract with or	92210
employed by the department. The professionals may review resident	92211
assessment forms and supporting documentation, conduct interviews,	92212
and observe residents to identify any patterns or trends of	92213
inaccurate resident assessments and resulting inaccurate case-mix	92214
scores.	92215

(B) If an exception review is conducted before the effective	92216
date of a nursing facility's rate for direct care costs that is	92217
based on the resident assessment data being reviewed and the	92218
review results in findings that exceed tolerance levels specified	92219
in the rules authorized by this section, the department, in	92220
accordance with those rules, may use the findings to redetermine	92221
individual resident case-mix scores, the nursing facility's	92222
case-mix score for the quarter, and the nursing facility's annual	92223
average case-mix score. The department may use the nursing	92224
facility's redetermined quarterly and annual average case-mix	92225
scores to determine the nursing facility's rate for direct care	92226
costs for the appropriate calendar quarter or quarters.	92227

(C) The department shall prepare a written summary of any	92228
exception review finding that is made after the effective date of	92229
a nursing facility's rate for direct care costs that is based on	92230
the resident assessment data that was reviewed. Where the provider	92231
is pursuing judicial or administrative remedies in good faith	92232
regarding the finding, the department shall not withhold from the	92233
provider's current payments any amounts the department claims to	92234
be due from the provider pursuant to section 5165.41 of the	92235
Revised Code.	92236

(D)(1) The medicaid director shall adopt rules under section	92237
5165.02 of the Revised Code as necessary to implement this	92238
section. The rules shall establish an exception review program	92239
that does all of the following:	92240

(a) Requires each exception review to comply with Title XVIII	92241
and Title XIX;	92242

(b) Requires a written summary for each exception review that	92243
states whether resident assessment forms have been completed	92244
accurately;	92245

(c) Prohibits each health professional who conducts an	92246
exception review from doing either of the following:	92247

(i) During the period of the professional's contract or	92248
employment with the department, having or being committed to	92249
acquire any direct or indirect financial interest in the	92250
ownership, financing, or operation of nursing facilities in this	92251
state;	92252

(ii) Reviewing any provider that has been a client of the	92253
professional.	92254

(2) For the purposes of division (D)(1)(c)(i) of this	92255
section, employment of a member of a health professional's family	92256
by a nursing facility that the professional does not review does	92257
not constitute a direct or indirect financial interest in the	92258
ownership, financing, or operation of the nursing facility.	92259

~~Sec. 5111.242.~~ Sec. 5165.21. (A) As used in this section:

92260

(1) "Applicable calendar year" means the following:

92261

(a) For the purpose of the department of ~~job and family~~	92262
~~services'~~medicaid's initial determination under this section of	92263
nursing facilities' rate for tax costs, calendar year 2003;	92264

(b) For the purpose of the department's rebasings, the	92265
calendar year the department selects.	92266

(2) "Rebasing" means a redetermination under division ~~(C)~~(B)	92267
of this section of each nursing facility's rate for tax costs	92268
using information from cost reports for an applicable calendar	92269
year that is later than the applicable calendar year used for the	92270
previous determination of such rates.	92271

(B) ~~The department of job and family services shall pay a~~	92272
~~provider for each of the provider's eligible nursing facilities a~~	92273
~~per resident per day rate for tax costs determined under division~~	92274
~~(C) of this section.~~	92275

~~(C)~~ The department of medicaid shall determine ~~the~~each	92276
nursing facility's per medicaid day payment rate for tax costs ~~for~~	92277
~~each nursing facility~~. The department is not required to conduct a	92278
rebasing more than once every ten years. Except as necessary to	92279
implement the amendments made to this section by Sub. H.B. 303 of	92280
the 129th general assembly, the rate for tax costs determined	92281
under this division for a nursing facility shall be used for	92282
subsequent years until the department conducts a rebasing. To	92283
determine a nursing facility's rate for tax costs and except as	92284
provided in division ~~(D)~~(C) of this section, the department shall	92285
do both of the following:	92286

(1) Divide the nursing facility's desk-reviewed, actual,	92287
allowable tax costs paid for the applicable calendar year by the	92288
number of inpatient days the nursing facility would have had if	92289
its occupancy rate had been one hundred per cent during the	92290
applicable calendar year;	92291

(2) Until the first rebasing occurs, increase the amount	92292
calculated under division ~~(C)~~(B)(1) of this section by five and	92293
eight hundredths per cent.	92294

~~(D)~~(C) If a nursing facility had a credit regarding its real	92295
estate taxes reflected on its cost report for calendar year 2003,	92296
the department shall determine, as follows, its rate for tax costs	92297
for the period beginning on July 1, 2010, and ending on the first	92298
day of the fiscal year for which the department first conducts a	92299
rebasing:	92300

(1) Divide the nursing facility's desk-reviewed, actual,	92301
allowable tax costs paid for calendar year 2004 by the number of	92302
inpatient days the nursing facility would have had if its	92303
occupancy rate had been one hundred per cent during calendar year	92304
2004;	92305

(2) Until the first rebasing occurs, increase the amount	92306
calculated under division ~~(D)~~(C)(1) of this section by five and	92307
eight hundredths per cent.	92308

~~Sec. 5111.246.~~ Sec. 5165.23. (A) Each fiscal year, the department	92309
of ~~job and family services~~medicaid shall ~~pay a~~determine the	92310
critical access incentive payment ~~to the provider of~~for each	92311
nursing facility that qualifies as a critical access nursing	92312
facility. To qualify as a critical access nursing facility for a	92313
fiscal year, a nursing facility must meet all of the following	92314
requirements:	92315

(1) The nursing facility must be located in an area that, on	92316
December 31, 2011, was designated an empowerment zone under	92317
~~section 1391 of~~ the "Internal Revenue Code of 1986," ~~107 Stat. 543~~	92318
section 1391, 26 U.S.C. 1391~~, as amended~~.	92319

(2) The nursing facility must have an occupancy rate of at	92320
least eighty-five per cent as of the last day of the calendar year	92321
immediately preceding the fiscal year.	92322

(3) The nursing facility must have a medicaid utilization	92323
rate of at least sixty-five per cent as of the last day of the	92324
calendar year immediately preceding the fiscal year.	92325

(4) The nursing facility must have been awarded at least five	92326
points for meeting accountability measures under section 5165.25	92327
of the Revised Code for the fiscal year and at least one of the	92328
five points must have been awarded for meeting the following:	92329

(a) For fiscal year 2014, the accountability measures	92330
identified in divisions (C)(10), (11), (12), and (13) of section	92331
5165.25 of the Revised Code;	92332

(b) For fiscal year 2015 and each fiscal year thereafter, the	92333
accountability measures identified in divisions (D)(9), (10),	92334
(11), (12), and (14) of section 5165.25 of the Revised Code.	92335

(B) A critical access nursing facility's critical access	92336
incentive payment for a fiscal year shall equal five per cent of	92337
the portion of the nursing facility's total rate for the fiscal	92338
year that is the sum of the rates and payment identified in	92339
divisions ~~(B)~~(A)(1) to (4) and (6) of section ~~5111.222~~5165.15 of	92340
the Revised Code.	92341

~~Sec. 5111.244.~~ Sec. 5165.25. (A) As used in this section:

92342

(1) ~~"Applicable percentage" means, for the accountability~~	92343
~~measures identified in divisions (C)(10) to (13) of this section,~~	92344
~~the following:~~	92345

~~(a) For fiscal year 2013, whichever of the following applies:~~

92346

~~(i) The percentage that the department of job and family~~	92347
~~services specifies for an accountability measure pursuant to~~	92348
~~division (E)(1)(b) or (E)(2)(a)(ii) of this section;~~	92349

~~(ii) The percentage specified for an accountability measure~~	92350
~~in division (E)(2)(b), (ii), (iii), (iv), or (v) of this section.~~	92351

~~(b) For fiscal year 2014, whichever of the following applies:~~

92352

~~(i) The percentage used pursuant to division (F)(2) of this~~	92353
~~section;~~	92354

~~(ii) The percentage that the department specifies for an~~	92355
~~accountability measure pursuant to division (F)(3)(a) of this~~	92356
~~section.~~	92357

~~(c) For fiscal year 2015 and thereafter, whichever of the~~	92358
~~following applies:~~	92359

~~(i) The percentage used pursuant to division (F)(2) of this~~	92360
~~section;~~	92361

~~(ii) The percentage used pursuant to division (F)(3)(b) of~~	92362
~~this section.~~	92363

~~(2)~~ "Complaint surveys" has the same meaning as in 42 C.F.R.	92364
488.30.	92365

~~(3)~~(2) "Customer satisfaction survey" means the annual survey	92366
of long-term care facilities required by section 173.47 of the	92367
Revised Code.	92368

~~(4)~~(3) "Deficiency" has the same meaning as in 42 C.F.R.	92369
488.301.	92370

(4) "Exempted hospital discharge" has the same meaning as in	92371
42 C.F.R. 483.106(b)(2)(i).	92372

(5) "Family satisfaction survey" means a customer	92373
satisfaction survey, or part of a customer satisfaction survey,	92374
that contains the results of information obtained from the	92375
families of a nursing facility's residents.	92376

(6) "Minimum data set" means the standardized, uniform	92377
comprehensive assessment of nursing facility residents that is	92378
used to identify potential problems, strengths, and preferences of	92379
residents and is part of the resident assessment instrument	92380
required by ~~section 1919(e)(5) of~~ the "Social Security Act," ~~101~~	92381
~~Stat. 1330-197 (1987)~~section 1919(e)(5), 42 U.S.C. 1396r(e)(5),	92382
~~as amended~~.	92383

(7) ~~"National voluntary consensus standards for nursing~~	92384
~~homes" means measures used to determine the quality of care~~	92385
~~provided by nursing facilities as endorsed by the national quality~~	92386
~~forum.~~	92387

~~(8)~~ "Nurse aide" has the same meaning as in section 3721.21	92388
of the Revised Code.	92389

~~(9)~~(8) "Resident satisfaction survey" means a customer	92390
satisfaction survey, or part of a customer satisfaction survey,	92391
that contains the results of information obtained from a nursing	92392
facility's residents.	92393

~~(10)~~(9) "Room mirror" means a mirror that is located in	92394
either of the following rooms:	92395

(a) A resident bathroom if the sink used by a resident after	92396
the resident uses the resident bathroom is in the resident	92397
bathroom;	92398

(b) A resident's room if the sink used by a resident after	92399
the resident uses the resident bathroom is in the resident's room.	92400

~~(11)~~(10) "Room sink" means a sink that is located in either	92401
of the following rooms:	92402

(a) A resident bathroom if the sink used by a resident after	92403
the resident uses the resident bathroom is in the resident	92404
bathroom;	92405

(b) A resident's room if the sink used by a resident after	92406
the resident uses the resident bathroom is in the resident's room.	92407

~~(12)~~(11) "Standard survey" has the same meaning as in 42	92408
C.F.R. 488.301.	92409

(12) "Special focus facility list" means the list of nursing	92410
facilities that the United States department of health and human	92411
services creates under the special focus facility program required	92412
by the "Social Security Act," section 1919(f)(10), 42 U.S.C.	92413
1396r(f)(10).	92414

(13) "Substantial wall" means a permanent structure that	92415
reaches from floor to ceiling and divides a semiprivate room into	92416
two distinct living spaces, each with its own window.	92417

(14) "Table B of the special focus facility list" means the	92418
table included in the special focus facility list that identifies	92419
nursing facilities that have not improved.	92420

(B)(1) Each fiscal year, the department of ~~job and family~~	92421
~~services~~medicaid shall ~~pay a~~determine each nursing facility's	92422
quality incentive payment ~~to the provider of each nursing facility~~	92423
~~that is awarded one or more points for meeting accountability~~	92424
~~measures under division (C) of this section~~. Subject to ~~division~~	92425
divisions (B)(2) and (3) of this section, the per medicaid day	92426
amount of a quality incentive payment paid to a nursing facility	92427
provider shall be the product of the following:	92428

(a) The number of points the provider's nursing facility is	92429
awarded for meeting accountability measures under ~~division (C) of~~	92430
this section;	92431

(b) Three dollars and twenty-nine cents.

92432

(2) The maximum quality incentive payment that may be paid to	92433
~~the provider of~~ a nursing facility provider for a fiscal year 2014	92434
shall be sixteen dollars and forty-four cents per medicaid day.	92435

(3) The maximum quality incentive payment that may be paid to	92436
a nursing facility provider for fiscal year 2015 and each fiscal	92437
year thereafter shall be the following:	92438

(a) Sixteen dollars and forty-four cents if at least one of	92439
the points awarded to the nursing facility for meeting	92440
accountability measures is for an accountability measure	92441
identified in division (D)(9), (10), (11), (12), or (14) of this	92442
section;	92443

(b) Thirteen dollars and sixteen cents if division (B)(3)(a)	92444
of this section does not apply.	92445

(C) ~~Subject~~For fiscal year 2014 only and subject to	92446
~~divisions (D),~~division (E)~~, and (F)~~ of this section, the	92447
department shall award each nursing facility participating in the	92448
medicaid program one point for each of the following	92449
accountability measures the facility meets:	92450

(1) The facility's overall score on its resident satisfaction	92451
survey is at least eighty-six.	92452

(2) The facility's overall score on its family satisfaction	92453
survey is at least eighty-eight.	92454

(3) The facility satisfies the requirements for participation	92455
in the advancing excellence in America's nursing homes campaign.	92456

(4) The facility had neither of the following on the	92457
facility's most recent standard survey conducted not later than	92458
the last day of the calendar year immediately preceding the fiscal	92459
year for which the point is to be awarded or any complaint surveys	92460
conducted in the calendar year immediately preceding the fiscal	92461
year for which the point is to be awarded:	92462

(a) A health deficiency with a scope and severity level	92463
greater than F;	92464

(b) A deficiency that constitutes a substandard quality of	92465
care.	92466

(5) The facility offers at least fifty per cent of its	92467
residents at least one of the following dining choices for at	92468
least one meal each day:	92469

(a) Restaurant-style dining in which food is brought from the	92470
food preparation area to residents per the residents' orders;	92471

(b) Buffet-style dining in which residents obtain their own	92472
food, or have the facility's staff bring food to them per the	92473
residents' directions, from the buffet;	92474

(c) Family-style dining in which food is customarily served	92475
on a serving dish and shared by residents;	92476

(d) Open dining in which residents have at least a two-hour	92477
period to choose when to have a meal;	92478

(e) Twenty-four-hour dining in which residents may order	92479
meals from the facility any time of the day.	92480

(6) At least fifty per cent of the facility's residents are	92481
able to take a bath or shower as often as they choose.	92482

(7) The facility has at least both of the following scores on	92483
its resident satisfaction survey:	92484

(a) With regard to the question in the survey regarding	92485
residents' ability to choose when to go to bed in the evening, at	92486
least eighty-nine;	92487

(b) With regard to the question in the survey regarding	92488
residents' ability to choose when to get out of bed in the	92489
morning, at least seventy-six.	92490

(8) The facility has at least both of the following scores on	92491
its family satisfaction survey:	92492

(a) With regard to the question in the survey regarding	92493
residents' ability to choose when to go to bed in the evening, at	92494
least eighty-eight;	92495

(b) With regard to the question in the survey regarding	92496
residents' ability to choose when to get out of bed in the	92497
morning, at least seventy-five.	92498

(9) All of the following apply to the facility:

92499

(a) At least seventy-five per cent of the facility's	92500
residents have the opportunity, following admission to the	92501
facility and before completing or quarterly updating their	92502
individual plans of care, to discuss their goals for the care they	92503
are to receive at the facility, including their preferences for	92504
advance care planning, with a member of the residents' ~~healthcare~~	92505
health care teams that the facility, residents, and residents'	92506
sponsors consider appropriate.	92507

(b) The facility records the residents' care goals, including	92508
the residents' advance care planning preferences, in their medical	92509
records.	92510

(c) The facility uses the residents' care goals, including	92511
the residents' advance care planning preferences, in the	92512
development of the residents' individual plans of care.	92513

(10) Not more than ~~the applicable percentage~~thirteen and	92514
thirty-five hundredths per cent of the facility's long-stay	92515
residents report severe to moderate pain during the minimum data	92516
set assessment process.	92517

(11) Not more than ~~the applicable percentage~~five and	92518
seventy-three hundredths per cent of the facility's long-stay,	92519
high-risk residents have been assessed as having one or more stage	92520
two, three, or four pressure ulcers during the minimum data set	92521
assessment process.	92522

(12) Not more than ~~the applicable percentage~~one and	92523
fifty-two hundredths per cent of the facility's long-stay	92524
residents were physically restrained as reported during the	92525
minimum data set assessment process.	92526

(13) Less than ~~the applicable percentage~~seven and	92527
seventy-eight hundredths per cent of the facility's long-stay	92528
residents had a urinary tract infection as reported during the	92529
minimum data set assessment process.	92530

(14) The facility uses a tool for tracking residents'	92531
admissions to hospitals.	92532

(15) An average of at least fifty per cent of the facility's	92533
medicaid-certified beds are in private rooms.	92534

(16) The facility has accessible resident bathrooms, all of	92535
which meet at least two of the following standards and at least	92536
some of which meet all of the following standards:	92537

(a) There are room mirrors that are accessible to residents	92538
in wheelchairs, can be adjusted so as to be visible to residents	92539
who are seated or standing, or both.	92540

(b) There are room sinks that are accessible to residents in	92541
wheelchairs and have clearance for wheelchairs.	92542

(c) There are room sinks that have faucets with adaptive or	92543
easy-to-use lever or paddle handles.	92544

(17) The facility does both of the following:

92545

(a) Maintains a written policy that prohibits the use of	92546
overhead paging systems or limits the use of overhead paging	92547
systems to emergencies, as defined in the policy;	92548

(b) Communicates the policy to its staff, residents, and	92549
families of residents.	92550

(18) The facility has a score of at least ninety on its	92551
resident satisfaction survey with regard to the question in the	92552
survey regarding residents' ability to personalize their rooms	92553
with personal belongings.	92554

(19) The facility has a score of at least ninety-five on its	92555
family satisfaction survey with regard to the question in the	92556
survey regarding residents' ability to personalize their rooms	92557
with personal belongings.	92558

(20) The facility does both of the following:

92559

(a) Maintains a written policy that requires consistent	92560
assignment of nurse aides and specifies the goal of having a	92561
resident receive nurse aide care from not more than eight	92562
different nurse aides during a thirty-day period;	92563

(b) Communicates the policy to its staff, residents, and	92564
families of residents.	92565

(21) The facility's staff retention rate is at least	92566
seventy-five per cent.	92567

(22) The facility's turnover rate for nurse aides is not	92568
higher than sixty-five per cent.	92569

(23) For at least fifty per cent of the resident care	92570
conferences in the facility, a nurse aide who is a primary	92571
caregiver for the resident attends and participates in the	92572
conference.	92573

(D) For fiscal year 2015 and each fiscal year thereafter and	92574
subject to division (E) of this section, the department shall	92575
award each nursing facility participating in the medicaid program	92576
one point for each of the following accountability measures the	92577
facility meets:	92578

(1) The facility's overall score on its resident satisfaction	92579
survey is at least eighty-seven and five-tenths.	92580

(2) The facility's overall score on its family satisfaction	92581
survey is at least eighty-five and nine-tenths.	92582

(3) The facility satisfies the requirements for participation	92583
in the advancing excellence in America's nursing homes campaign.	92584

(4) Both of the following apply to the facility:

92585

(a) The facility had not been listed on table B of the	92586
special focus facility list for eighteen or more consecutive	92587
months during any time during the calendar year immediately	92588
preceding the fiscal year for which the point is to be awarded.	92589

(b) The facility had neither of the following on the	92590
facility's most recent standard survey conducted not later than	92591
the last day of the calendar year immediately preceding the fiscal	92592
year for which the point is to be awarded or any complaint surveys	92593
conducted in the calendar year immediately preceding the fiscal	92594
year for which the point is to be awarded:	92595

(i) A health deficiency with a scope and severity level	92596
greater than F;	92597

(ii) A deficiency that constitutes a substandard quality of	92598
care.	92599

(5) The facility does all of the following:

92600

(a) Offers at least fifty per cent of its residents at least	92601
one of the following dining choices for at least two meals each	92602
day:	92603

(i) Restaurant-style dining in which food is brought from the	92604
food preparation area to residents per the residents' orders;	92605

(ii) Buffet-style dining in which residents obtain their own	92606
food, or have the facility's staff bring food to them per the	92607
residents' directions, from the buffet;	92608

(iii) Family-style dining in which food is customarily served	92609
on a serving dish and shared by residents;	92610

(iv) Open dining in which residents have at least a two-hour	92611
period to choose when to have a meal;	92612

(v) Twenty-four-hour dining in which residents may order	92613
meals from the facility any time of the day.	92614

(b) Maintains a written policy specifying the manner or	92615
manners in which residents' dining choices for meals are offered;	92616

(c) Communicates the policy to its staff, residents, and	92617
families of residents.	92618

(6) The facility does all of the following:

92619

(a) Enables at least fifty per cent of the facility's	92620
residents to take a bath or shower when they choose;	92621

(b) Maintains a written policy regarding residents' choices	92622
in bathing;	92623

(c) Communicates the policy to its staff, residents, and	92624
families of residents.	92625

(7) The facility has at least both of the following scores on	92626
its resident satisfaction survey:	92627

(a) With regard to the question in the survey regarding	92628
residents' ability to choose when to go to bed in the evening, at	92629
least eighty-nine;	92630

(b) With regard to the question in the survey regarding	92631
residents' ability to choose when to get out of bed in the	92632
morning, at least seventy-six.	92633

(8) The facility has at least both of the following scores on	92634
its family satisfaction survey:	92635

(a) With regard to the question in the survey regarding	92636
residents' ability to choose when to go to bed in the evening, at	92637
least eighty-eight;	92638

(b) With regard to the question in the survey regarding	92639
residents' ability to choose when to get out of bed in the	92640
morning, at least seventy-five.	92641

(9) Not more than thirteen and thirty-five hundredths per	92642
cent of the facility's long-stay residents report severe to	92643
moderate pain during the minimum data set assessment process.	92644

(10) Not more than five and sixteen hundredths per cent of	92645
the facility's long-stay, high-risk residents have been assessed	92646
as having one or more stage two, three, or four pressure ulcers	92647
during the minimum data set assessment process.	92648

(11) Not more than one and fifty-two hundredths per cent of	92649
the facility's long-stay residents were physically restrained as	92650
reported during the minimum data set assessment process.	92651

(12) Less than seven per cent of the facility's long-stay	92652
residents had a urinary tract infection as reported during the	92653
minimum data set assessment process.	92654

(13) The facility does all of the following:

92655

(a) Uses a tool for tracking residents' admissions to	92656
hospitals;	92657

(b) Informs the department of the tool the facility uses to	92658
track residents' hospital admissions;	92659

(c) Each month, reports to the department hospital admission	92660
data for all residents.	92661

(14) Both of the following apply:

92662

(a) At least ninety-five per cent of the facility's long-stay	92663
residents are assessed for risk of pneumococcal pneumonia and, if	92664
appropriate as determined by the assessment, vaccinated against	92665
pneumococcal pneumonia.	92666

(b) At least ninety-three per cent of the facility's	92667
long-stay residents are assessed for risk of seasonal influenza	92668
and, if appropriate as determined by the assessment, vaccinated	92669
against seasonal influenza.	92670

(15) An average of at least fifty per cent of the facility's	92671
medicaid-certified beds are in either, or in a combination of	92672
both, of the following:	92673

(a) Private rooms;

92674

(b) Semiprivate rooms to which all of the following apply:

92675

(i) Each room provides a distinct territory for each resident	92676
occupying the room.	92677

(ii) Each distinct territory has a window and is separated by	92678
a substantial wall from the other distinct territories in the	92679
room.	92680

(iii) Each resident is able to enter and exit the distinct	92681
territory of the resident's room without entering or exiting	92682
another resident's distinct territory.	92683

(iv) Complete visual privacy for each distinct territory may	92684
be obtained by drawing a curtain or other screen.	92685

(16) The facility does both of the following:

92686

(a) Obtains at least a ninety-five per cent compliance rate	92687
with requesting resident reviews required by 42 C.F.R.	92688
483.106(b)(2)(ii) for individuals who are exempted hospital	92689
discharges;	92690

(b) Reports to the department data demonstrating the	92691
facility's compliance with the resident review requirements.	92692

(17) The facility does both of the following:

92693

(a) Maintains a written policy that requires consistent	92694
assignment of nurse aides and specifies the goal of having a	92695
resident receive nurse aide care from not more than twelve	92696
different nurse aides during a thirty-day period;	92697

(b) Communicates the policy to its staff, residents, and	92698
families of residents.	92699

(18) The facility's staff retention rate is at least	92700
seventy-five per cent.	92701

(19) The facility's turnover rate for nurse aides is not	92702
higher than sixty-five per cent.	92703

(20) For at least fifty per cent of the resident care	92704
conferences in the facility, a nurse aide who is a primary	92705
caregiver for the resident attends and participates in the	92706
conference.	92707

(21) All of the following apply to the facility:

92708

(a) At least seventy-five per cent of the facility's	92709
residents have the opportunity, following admission to the	92710
facility and before completing or quarterly updating their	92711
individual plans of care, to discuss their goals for the care they	92712
are to receive at the facility, including their preferences for	92713
advance care planning, with a member of the residents' health care	92714
teams that the facility, residents, and residents' sponsors	92715
consider appropriate.	92716

(b) The facility records the residents' care goals, including	92717
the residents' advance care planning preferences, in their medical	92718
records.	92719

(c) The facility uses the residents' care goals, including	92720
the residents' advance care planning preferences, in the	92721
development of the residents' individual plans of care.	92722

(d) The facility maintains a written policy that encourages	92723
advance care planning.	92724

(e) The facility communicates the policy to its staff,	92725
residents, and families of residents.	92726

(22) The facility does both of the following:

92727

(a) Maintains a written policy that prohibits the use of	92728
overhead paging systems or limits the use of overhead paging	92729
systems to emergencies, as defined in the policy;	92730

(b) Communicates the policy to its staff, residents, and	92731
families of residents.	92732

(E)(1) To be awarded a point for meeting an accountability	92733
measure under division (C) or (D) of this section other than the	92734
accountability measure identified in ~~division~~divisions (C)(4) and	92735
(D)(4)(b) of this section, a nursing facility must meet the	92736
accountability measure in the calendar year immediately preceding	92737
the fiscal year for which the point is to be awarded. ~~However, a~~	92738
~~nursing facility must meet the accountability measures specified~~	92739
~~in divisions (C)(3), (5), (6), (9), (14) to (17), (20), (22), and~~	92740
~~(23) of this section in the period beginning January 1, 2012, and~~	92741
~~ending March 31, 2012, to be awarded points for those~~	92742
~~accountability measures for fiscal year 2013.~~	92743

(2) The department shall award points pursuant to ~~division~~	92744
divisions (C)(1), (7), orand (18) and (D)(1) and (7) of this	92745
section to a nursing facility only if a resident satisfaction	92746
survey was initiated under section 173.47 of the Revised Code for	92747
the nursing facility in the calendar year immediately preceding	92748
the fiscal year for which the points are to be awarded.	92749

(3) The department shall award points pursuant to ~~division~~	92750
divisions (C)(2), (8), orand (19) and (D)(2) and (8) of this	92751
section to a nursing facility only if a family satisfaction survey	92752
was initiated under section 173.47 of the Revised Code for the	92753
nursing facility in the calendar year immediately preceding the	92754
fiscal year for which the points are to be awarded.	92755

(4) The department shall award points pursuant to divisions	92756
(D)(21) and (22) of this section only for fiscal year 2015.	92757

(5) Not later than July 1, 2013, the department shall adjust	92758
the score used for the purpose of division (C)(8)(b) of this	92759
section in a manner that causes at least fifty per cent of nursing	92760
facilities to meet division (C)(8)(b) of this section.	92761

~~(E) For the purposes of awarding points under divisions~~	92762
~~(C)(10) to (13) of this section for fiscal year 2013, the~~	92763
~~following apply:~~	92764

~~(1) If, by July 1, 2012, the United States centers for~~	92765
~~medicare and medicaid services makes calculations using the 3.0~~	92766
~~version of the minimum data set that indicate whether nursing~~	92767
~~facilities meet those accountability measures, the department~~	92768
~~shall do both of the following:~~	92769

~~(a) Rely on those calculations;~~

92770

~~(b) Specify the percentages to be used for the purposes of~~	92771
~~those accountability measures and, in specifying the percentages,~~	92772
~~provide for at least fifty per cent of nursing facilities to earn~~	92773
~~points for meeting those accountability measures.~~	92774

~~(2) If, by July 1, 2012, the United States centers for~~	92775
~~medicare and medicaid services does not make calculations using~~	92776
~~the 3.0 version of the minimum data set that indicate whether~~	92777
~~nursing facilities meet those accountability measures, the~~	92778
~~department shall do either of the following:~~	92779

~~(a) Do both of the following:~~

92780

~~(i) Make the calculations using the 3.0 version of the~~	92781
~~minimum data set in accordance with the national voluntary~~	92782
~~consensus standards for nursing homes;~~	92783

~~(ii) Specify the percentages to be used for the purposes of~~	92784
~~those accountability measures and, in specifying the percentages,~~	92785
~~provide for at least fifty per cent of nursing facilities to earn~~	92786
~~points for meeting those accountability measures.~~	92787

~~(b) Do all of the following:~~

92788

~~(i) Rely on the most recent calculations the United States~~	92789
~~centers for medicare and medicaid services made using the 2.0~~	92790
~~version of the minimum data set that indicate whether nursing~~	92791
~~facilities meet those accountability measures;~~	92792

~~(ii) Use four per cent as the applicable percentage for the~~	92793
~~accountability measure identified in division (C)(10) of this~~	92794
~~section;~~	92795

~~(iii) Use nine per cent as the applicable percentage for the~~	92796
~~accountability measure identified in division (C)(11) of this~~	92797
~~section;~~	92798

~~(iv) Use two per cent as the applicable percentage for the~~	92799
~~accountability measure identified in division (C)(12) of this~~	92800
~~section;~~	92801

~~(v) Use ten per cent as the applicable percentage for the~~	92802
~~accountability measure identified in division (C)(13) of this~~	92803
~~section.~~	92804

(F) ~~For the purposes of awarding points under divisions~~	92805
~~(C)(10) to (13) of this section for fiscal year 2014 and~~	92806
~~thereafter, the department shall do the following:~~	92807

~~(1) Rely on calculations the United States centers for~~	92808
~~medicare and medicaid services makes using the 3.0 version of the~~	92809
~~minimum data set that indicate whether nursing facilities meet~~	92810
~~those accountability measures;~~	92811

~~(2) If the department takes action pursuant to division~~	92812
~~(E)(1) of this section for fiscal year 2013, continue to use the~~	92813
~~percentages the department specifies pursuant to division~~	92814
~~(E)(1)(b) of this section for the purposes of those accountability~~	92815
~~measures;~~	92816

~~(3) If the department takes action pursuant to division~~	92817
~~(E)(2) of this section for fiscal year 2013, do the following:~~	92818

~~(a) For fiscal year 2014, specify the percentages to be used~~	92819
~~for the purposes of those accountability measures and, in~~	92820
~~specifying the percentages, provide for at least fifty per cent of~~	92821
~~nursing facilities to earn points for meeting those accountability~~	92822
~~measures;~~	92823

~~(b) For fiscal year 2015 and thereafter, continue to use the~~	92824
~~percentages the department specifies pursuant to division~~	92825
~~(F)(3)(a) of this section for the purposes of those accountability~~	92826
~~measures.~~	92827

~~(G) The director of job and family services shall adopt rules~~	92828
~~under section 5111.02 of the Revised Code as necessary to~~	92829
~~implement this section.~~	92830

~~The rules~~Rules adopted under section 5165.02 of the Revised	92831
Code may specify what is meant by "some" as that word is used in	92832
division (C)(16) of this section.	92833

~~Sec. 5111.245.~~ Sec. 5165.26. (A) As used in this section:

92834

(1) "Point days for a fiscal year" means the product of the	92835
following:	92836

(a) A qualifying nursing facility's quality bonus points for	92837
the fiscal year;	92838

(b) The number of the qualifying nursing facility's medicaid	92839
days in the fiscal year.	92840

(2) "Qualifying nursing facility" means a nursing facility	92841
that qualifies for a quality bonus for a fiscal year as determined	92842
under division (B) of this section.	92843

(3) "Quality bonus points for a fiscal year" means the amount	92844
determined by subtracting five from the number of points awarded	92845
to a qualifying nursing facility for meeting accountability	92846
measures under ~~division (C) of~~ section ~~5111.244~~5165.25 of the	92847
Revised Code for a fiscal year.	92848

(4) "Residual budgeted amount for quality incentive payments	92849
for a fiscal year" means the amount determined for a fiscal year	92850
as follows:	92851

(a) Multiply the total number of medicaid days in the fiscal	92852
year by sixteen dollars and forty-four cents;	92853

(b) Determine the total amount of quality incentive payments	92854
that was paid under section ~~5111.244~~5165.25 of the Revised Code	92855
to all nursing facility providers for the fiscal year;	92856

(c) Subtract the amount determined under division (A)(4)(b)	92857
of this section from the product calculated under division	92858
(A)(4)(a) of this section.	92859

(B) The department of ~~job and family services~~medicaid shall	92860
pay a nursing facility provider a quality bonus for a fiscal year	92861
if both of the following apply:	92862

(1) The provider's nursing facility is awarded more than five	92863
points for meeting accountability measures under ~~division (C) of~~	92864
section ~~5111.244~~5165.25 of the Revised Code for the fiscal year.	92865

(2) The residual budgeted amount for quality incentive	92866
payments for the fiscal year is greater than zero.	92867

(C) The total quality bonus to be paid to the provider of a	92868
qualifying nursing facility for a fiscal year shall equal the	92869
product of the following:	92870

(1) The quality bonus per medicaid day for the fiscal year	92871
determined for the provider's qualifying nursing facility under	92872
division (D) of this section;	92873

(2) The number of the qualifying nursing facility's medicaid	92874
days in the fiscal year.	92875

(D) A qualifying nursing facility's quality bonus per	92876
medicaid day for a fiscal year shall be the product of the	92877
following:	92878

(1) The nursing facility's quality bonus points for the	92879
fiscal year;	92880

(2) The quality bonus per point for the fiscal year	92881
determined under division (E) of this section.	92882

(E) The quality bonus per point for a fiscal year shall be	92883
determined as follows:	92884

(1) Determine the number of each qualifying nursing	92885
facility's point days for the fiscal year;	92886

(2) Determine the sum of all qualifying nursing facilities'	92887
point days for the fiscal year;	92888

(3) Divide the residual budgeted amount for quality incentive	92889
payments for the fiscal year by the sum determined under division	92890
(E)(2) of this section.	92891

(F) The calculation of a qualifying nursing facility's bonus	92892
payment is not subject to appeal under Chapter 119. of the Revised	92893
Code.	92894

~~(G) The director of job and family services may adopt rules~~	92895
~~under section 5111.02 of the Revised Code as necessary to~~	92896
~~implement this section.~~	92897

~~Sec. 5111.257.~~ Sec. 5165.28. If a provider of a nursing facility	92898
adds or replaces one or more medicaid certified beds to or at the	92899
nursing facility, or renovates one or more of the nursing	92900
facility's beds, the medicaid payment rate for the added,	92901
replaced, or renovated beds shall be the same as the medicaid	92902
payment rate for the nursing facility's existing beds.	92903

~~Sec. 5111.265.~~ Sec. 5165.29. If one or more medicaid-certified	92904
beds are relocated from one nursing facility to another nursing	92905
facility owned by a different person or government entity and the	92906
application for the certificate of need authorizing the relocation	92907
is filed with the director of health on or after ~~the effective~~	92908
~~date of this section~~July 1, 2005, amortization of the cost of	92909
acquiring operating rights for the relocated beds is not an	92910
allowable cost for the purpose of determining the nursing	92911
facility's medicaid ~~reimbursement~~payment rate.	92912

~~Sec. 5111.264.~~ Sec. 5165.30. Except as provided in section ~~5111.25~~	92913
~~or 5111.251~~5165.17 of the Revised Code, the costs of goods,	92914
services, and facilities, furnished to a nursing facility provider	92915
by a related party are includable in the allowable costs of the	92916
provider at the reasonable cost to the related party.	92917

Sec. 5165.32. The department of medicaid shall not reduce a	92918
nursing facility's medicaid payment rate determined under this	92919
chapter on the basis that the provider charges a lower rate to any	92920
resident who is not eligible for medicaid.	92921

Sec. 5165.33. No medicaid payment shall be made to a nursing	92922
facility provider for the day a medicaid recipient is discharged	92923
from the nursing facility.	92924

~~Sec. 5111.331.~~ Sec. 5165.34. (A) The department of ~~job and family~~	92925
~~services~~medicaid may make medicaid payments to a nursing	92926
facility provider ~~of a nursing facility~~ under ~~sections 5111.20 to~~	92927
~~5111.331 of the Revised Code~~this chapter to reserve a bed for a	92928
recipient during a temporary absence under conditions prescribed	92929
by the department, to include hospitalization for an acute	92930
condition, visits with relatives and friends, and participation in	92931
therapeutic programs outside the facility, when the resident's	92932
plan of care provides for such absence and federal financial	92933
participation infor the payments is available.	92934

(B) The maximum period for which payments may be made to	92935
reserve a bed in a nursing facility shall not exceed thirty days	92936
in a calendar year.	92937

(C) The department shall establish the per ~~diem~~medicaid day	92938
payment rates ~~to be paid to providers of nursing facilities~~ for	92939
reserving beds under this section. In establishing the per ~~diem~~	92940
medicaid day payment rates, the department shall ~~do the following:~~	92941

~~(1) In the case of a payment to reserve a bed for a day~~	92942
~~during calendar year 2011, set the per diem rate at an amount not~~	92943
~~exceeding fifty per cent of the per diem rate the provider would~~	92944
~~be paid if the recipient were not absent from the nursing facility~~	92945
~~that day;~~	92946

~~(2) In the case of a payment to reserve a bed for a day~~	92947
~~during calendar year 2012 and each calendar year thereafter,~~ set	92948
the per ~~diem~~medicaid day payment rate at an amount equal to the	92949
following:	92950

~~(a)~~(1) In the case of a nursing facility that had an	92951
occupancy rate ~~in the preceding calendar year~~ exceeding	92952
ninety-five per cent, an amount not exceeding fifty per cent of	92953
the per ~~diem~~medicaid day payment rate the provider would be paid	92954
if the recipient were not absent from the nursing facility that	92955
day;	92956

~~(b)~~(2) In the case of a nursing facility that had an	92957
occupancy rate ~~in the preceding calendar year~~ not exceeding	92958
ninety-five per cent, an amount not exceeding eighteen per cent of	92959
the per ~~diem~~medicaid day payment rate the provider would be paid	92960
if the recipient were not absent from the nursing facility that	92961
day.	92962

(D) For the purpose of setting a nursing facility's per	92963
medicaid day payment rate to reserve a bed for a day during the	92964
period beginning on the effective date of this amendment and	92965
ending December 31, 2013, the department shall determine the	92966
nursing facility's occupancy rate by using information reported on	92967
the nursing facility's cost report for calendar year 2012. For the	92968
purpose of setting a nursing facility's per medicaid day payment	92969
rate to reserve a bed for January 1, 2014, or thereafter, the	92970
department shall determine the nursing facility's occupancy rate	92971
by using information reported on the nursing facility's cost	92972
report for the calendar year preceding the fiscal year in which	92973
the reservation falls.	92974

~~Sec. 5111.212.~~ Sec. 5165.35. ~~As used in this section, "effective~~	92975
~~date of an involuntary termination" and "involuntary termination"~~	92976
~~have the same meanings as in section 5111.65 of the Revised Code.~~	92977

Medicaid payments may be made for nursing facility services	92978
~~and intermediate care facility for the mentally retarded services~~	92979
provided not later than thirty days after the effective date of an	92980
involuntary termination of the nursing facility that provides the	92981
services if the services are provided to a medicaid recipient who	92982
is eligible for the services and resided in the nursing facility	92983
before the effective date of the involuntary termination.	92984

~~Sec. 5111.221.~~ Sec. 5165.37. The department of ~~job and family~~	92985
~~services~~medicaid shall make its best efforts each year to	92986
calculate nursing facilities' medicaid payment rates under	92987
~~sections 5111.20 to 5111.331 of the Revised Code~~this chapter in	92988
time to ~~use them to make~~pay the ~~payments due to providers~~rates	92989
by the fifteenth day of August of each fiscal year. If the	92990
department is unable to calculate the rates so that they can be	92991
paid by that date, the department shall pay each provider the rate	92992
calculated for the provider's nursing facilities ~~and intermediate~~	92993
~~care facilities for the mentally retarded~~ under ~~those sections~~	92994
this chapter at the end of the previous fiscal year. If the	92995
department also is unable to calculate the rates to ~~make the~~	92996
~~payments due~~pay the rates by the fifteenth day of September and	92997
the fifteenth day of October, the department shall pay the	92998
previous fiscal year's rate to make those payments. The department	92999
may increase by five per cent the previous fiscal year's rate paid	93000
for any nursing facility pursuant to this section at the request	93001
of the provider. The department shall use rates calculated for the	93002
current fiscal year to make the payments due by the fifteenth day	93003
of November.	93004

If the rate paid to a provider for a nursing facility	93005
pursuant to this section is lower than the rate calculated for the	93006
nursing facility for the current fiscal year, the department shall	93007
pay the provider the difference between the two rates for the	93008
number of days for which the provider was paid for the nursing	93009
facility pursuant to this section. If the rate paid for a nursing	93010
facility pursuant to this section is higher than the rate	93011
calculated for it for the current fiscal year, the provider shall	93012
refund to the department the difference between the two rates for	93013
the number of days for which the provider was paid for the nursing	93014
facility pursuant to this section.	93015

~~Sec. 5111.29.~~ Sec. 5165.38. ~~(A)~~ The medicaid director ~~of job and~~	93016
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	93017
the Revised Code that establish a process under which a nursing	93018
facility provider, or a group or association of nursing facility	93019
providers, may seek reconsideration of medicaid payment rates	93020
established under ~~sections 5111.20 to 5111.331 of the Revised~~	93021
~~Code~~this chapter, including a rate for direct care costs	93022
recalculated before the effective date of the rate as a result of	93023
an exception review of resident assessment ~~information~~data	93024
conducted under section ~~5111.27~~5165.193 of the Revised Code. The	93025

~~(1) Except as provided in divisions (A)(2) to (4) of this~~	93026
~~section, the~~ only issue that a provider, group, or association may	93027
raise in the rate reconsideration shall be whether the rate was	93028
calculated in accordance with ~~sections 5111.20 to 5111.331 of the~~	93029
~~Revised Code~~this chapter and the rules adopted under section	93030
~~5111.02~~5165.02 of the Revised Code. The ~~rules shall permit a~~	93031
provider, group, or association tomay submit written arguments or	93032
other materials that support its position. The ~~rules shall specify~~	93033
provider, group, or association and department of medicaid shall	93034
take actions regarding the rate reconsideration within time frames	93035
~~within which the provider, group, or association and the~~	93036
~~department must act~~specified in rules authorized by this section.	93037
If	93038

If the department determines, as a result of the rate	93039
reconsideration, that the rate ~~established~~determined for one or	93040
more nursing facilities ~~of a provider~~ is less than the rate to	93041
which the nursing facility is entitled, the department shall	93042
increase the rate. If the department has paid the incorrect rate	93043
for a period of time, the department shall pay the provider the	93044
difference between the amount the provider was paid for that	93045
period for the nursing facility and the amount the provider should	93046
have been paid for the nursing facility.	93047

~~(2) The rules shall provide that during a fiscal year, the~~	93048
~~department, by means of the rate reconsideration process, may~~	93049
~~increase the rate determined for an intermediate care facility for~~	93050
~~the mentally retarded as calculated under sections 5111.20 to~~	93051
~~5111.331 of the Revised Code if the provider of the facility~~	93052
~~demonstrates that the facility's actual, allowable costs have~~	93053
~~increased because of extreme circumstances. A facility may qualify~~	93054
~~for a rate increase only if the facility's per diem, actual,~~	93055
~~allowable costs have increased to a level that exceeds its total~~	93056
~~rate. The rules shall specify the circumstances that would justify~~	93057
~~a rate increase under division (A)(2) of this section. The rules~~	93058
~~shall provide that the extreme circumstances include natural~~	93059
~~disasters, renovations approved under division (D) of section~~	93060
~~5111.251 of the Revised Code, an increase in workers' compensation~~	93061
~~experience rating of greater than five per cent for a facility~~	93062
~~that has an appropriate claims management program, increased~~	93063
~~security costs for an inner-city facility, and a change of~~	93064
~~ownership that results from bankruptcy, foreclosure, or findings~~	93065
~~of violations of certification requirements by the department of~~	93066
~~health. An increase under division (A)(2) of this section is~~	93067
~~subject to any rate limitations or maximum rates established by~~	93068
~~sections 5111.20 to 5111.331 of the Revised Code for specific cost~~	93069
~~centers. Any rate increase granted under division (A)(2) of this~~	93070
~~section shall take effect on the first day of the first month~~	93071
~~after the department receives the request.~~	93072

~~(3) The rules shall provide that the department, through the~~	93073
~~rate reconsideration process, may increase an intermediate care~~	93074
~~facility for the mentally retarded's rate as calculated under~~	93075
~~sections 5111.20 to 5111.331 of the Revised Code if the~~	93076
~~department, in the department's sole discretion, determines that~~	93077
~~the rate as calculated under those sections works an extreme~~	93078
~~hardship on the facility.~~	93079

~~(4) The rules shall provide that when beds certified for the~~	93080
~~medicaid program are added to an existing intermediate care~~	93081
~~facility for the mentally retarded or replaced at the same site,~~	93082
~~the department, through the rate reconsideration process, shall~~	93083
~~increase the intermediate care facility for the mentally~~	93084
~~retarded's rate for capital costs proportionately, as limited by~~	93085
~~any applicable limitation under section 5111.251 of the Revised~~	93086
~~Code, to account for the costs of the beds that are added or~~	93087
~~replaced. The department shall make this increase one month after~~	93088
~~the first day of the month after the department receives~~	93089
~~sufficient documentation of the costs. Any rate increase granted~~	93090
~~under division (A)(4) of this section after June 30, 1993, shall~~	93091
~~remain in effect until the effective date of a rate calculated~~	93092
~~under section 5111.251 of the Revised Code that includes costs~~	93093
~~incurred for a full calendar year for the bed addition or bed~~	93094
~~replacement. The facility shall report double accumulated~~	93095
~~depreciation in an amount equal to the depreciation included in~~	93096
~~the rate adjustment on its cost report for the first year of~~	93097
~~operation. During the term of any loan used to finance a project~~	93098
~~for which a rate adjustment is granted under division (A)(4) of~~	93099
~~this section, if the facility is operated by the same provider,~~	93100
~~the provider shall subtract from the interest costs it reports on~~	93101
~~its cost report an amount equal to the difference between the~~	93102
~~following:~~	93103

~~(a) The actual, allowable interest costs for the loan during~~	93104
~~the calendar year for which the costs are being reported;~~	93105

~~(b) The actual, allowable interest costs attributable to the~~	93106
~~loan that were used to calculate the rates paid to the provider~~	93107
~~for the facility during the same calendar year.~~	93108

~~(5) The department's decision at the conclusion of the~~	93109
~~reconsideration process shall not be subject to any administrative~~	93110
~~proceedings under Chapter 119. or any other provision of the~~	93111
~~Revised Code.~~	93112

~~(B) All of the following are subject to an adjudication~~	93113
~~conducted in accordance with Chapter 119. of the Revised Code:~~	93114

~~(1) Any audit disallowance that the department makes as the~~	93115
~~result of an audit under section 5111.27 of the Revised Code;~~	93116

~~(2) Any adverse finding that results from an exception review~~	93117
~~of resident assessment information conducted under section 5111.27~~	93118
~~of the Revised Code after the effective date of the facility's~~	93119
~~rate that is based on the assessment information;~~	93120

~~(3) Any medicaid payment deemed an overpayment under section~~	93121
~~5111.683 of the Revised Code;~~	93122

~~(4) Any penalty the department imposes under division (C) of~~	93123
~~section 5111.28 of the Revised Code or section 5111.683 of the~~	93124
~~Revised Code.~~	93125

~~Sec. 5111.28.~~ Sec. 5165.40. ~~(A)~~ If a nursing facility provider	93126
properly amends ~~its~~a cost report for the nursing facility under	93127
section ~~5111.261~~5165.107 of the Revised Code and the amended	93128
report shows that the provider received a lower medicaid payment	93129
rate under the original cost report than itthe provider was	93130
entitled to receive, the department of ~~job and family services~~	93131
medicaid shall adjust the provider's rate for the nursing facility	93132
prospectively to reflect the corrected information. The department	93133
shall pay the adjusted rate beginning two months after the first	93134
day of the month after the provider files the amended cost report.	93135
If	93136

If the department finds, from an exception review of resident	93137
assessment ~~information~~data conducted pursuant to section 5165.193	93138
of the Revised Code after the effective date of ~~the~~a nursing	93139
facility's rate for direct care costs that is based on the	93140
resident assessment ~~information~~data, that inaccurate resident	93141
assessment ~~information~~data resulted in the provider receiving a	93142
lower rate for the nursing facility than it was entitled to	93143
receive, the department prospectively shall adjust the provider's	93144
rate accordingly ~~and~~. The department shall make payments to the	93145
provider using the adjusted rate for the remainder of the ~~calendar~~	93146
~~quarter~~six-month period for which the resident assessment	93147
~~information~~data is used to determine the rate, beginning one	93148
month after the first day of the month after the exception review	93149
is completed.	93150

~~(B) If the provider properly amends its cost report under~~	93151
~~section 5111.261 of the Revised Code, the department makes a~~	93152
~~finding based on an audit under section 5111.27 of the Revised~~	93153
~~Code, or the~~ ~~department~~ makes a finding based on an exception	93154
review of resident assessment information conducted under section	93155
5111.27 of the Revised Code after the effective date of the rate	93156
for direct care costs that is based on the assessment information,	93157
any of which results in a determination that the provider has	93158
received a higher rate than it was entitled to receive, the	93159
~~department~~ shall recalculate the provider's rate using the revised	93160
information. The ~~department~~ shall apply the recalculated rate to	93161
the periods when the provider received the incorrect rate to	93162
determine the amount of the overpayment. The provider shall refund	93163
the amount of the overpayment.	93164

~~In addition to requiring a refund under this division, the~~	93165
~~department may charge the provider interest at the applicable rate~~	93166
~~specified in this division from the time the overpayment was made.~~	93167

~~(1) If the overpayment resulted from costs reported for~~	93168
~~calendar year 1993, the interest shall be no greater than one and~~	93169
~~one-half times the average bank prime rate.~~	93170

~~(2) If the overpayment resulted from costs reported for~~	93171
~~subsequent calendar years:~~	93172

~~(a) The interest shall be no greater than two times the~~	93173
~~average bank prime rate if the overpayment was equal to or less~~	93174
~~than one per cent of the total medicaid payments to the provider~~	93175
~~for the fiscal year for which the incorrect information was used~~	93176
~~to establish a rate.~~	93177

~~(b) The interest shall be no greater than two and one-half~~	93178
~~times the current average bank prime rate if the overpayment was~~	93179
~~greater than one per cent of the total medicaid payments to the~~	93180
~~provider for the fiscal year for which the incorrect information~~	93181
~~was used to establish a rate.~~	93182

~~(C) The department also may impose the following penalties:~~

93183

~~(1) If a provider does not furnish invoices or other~~	93184
~~documentation that the department requests during an audit within~~	93185
~~sixty days after the request, no more than the greater of one~~	93186
~~thousand dollars per audit or twenty-five per cent of the~~	93187
~~cumulative amount by which the costs for which documentation was~~	93188
~~not furnished increased the total medicaid payments to the~~	93189
~~provider during the fiscal year for which the costs were used to~~	93190
~~establish a rate;~~	93191

~~(2) If an exiting operator or owner fails to provide notice~~	93192
~~of a facility closure, voluntary termination, or voluntary~~	93193
~~withdrawal of participation in the medicaid program as required by~~	93194
~~section 5111.66 of the Revised Code, or an exiting operator or~~	93195
~~owner and entering operator fail to provide notice of a change of~~	93196
~~operator as required by section 5111.67 of the Revised Code, no~~	93197
~~more than the current average bank prime rate plus four per cent~~	93198
~~of the last two monthly payments.~~	93199

~~(D) If the provider continues to participate in the medicaid~~	93200
~~program, the department shall deduct any amount that the provider~~	93201
~~is required to refund under this section, and the amount of any~~	93202
~~interest charged or penalty imposed under this section, from the~~	93203
~~next available payment from the~~ ~~department~~ to the provider. The	93204
~~department~~ and the provider may enter into an agreement under	93205
which the amount, together with interest, is deducted in	93206
installments from payments from the ~~department~~ to the provider.	93207

~~(E) The department shall transmit refunds and penalties to~~	93208
~~the treasurer of state for deposit in the general revenue fund.~~	93209

~~(F) For the purpose of this section, the department shall~~	93210
~~determine the average bank prime rate using statistical release~~	93211
~~H.15, "selected interest rates," a weekly publication of the~~	93212
~~federal reserve board, or any successor publication. If~~	93213
~~statistical release H.15, or its successor, ceases to contain the~~	93214
~~bank prime rate information or ceases to be published, the~~	93215
~~department~~ shall request a written statement of the average bank	93216
prime rate from the federal reserve bank of Cleveland or the	93217
federal reserve board.	93218

Sec. 5165.41. (A) The department of medicaid shall	93219
redetermine a provider's medicaid payment rate for a nursing	93220
facility using revised information if any of the following results	93221
in a determination that the provider received a higher medicaid	93222
payment rate for the nursing facility than the provider was	93223
entitled to receive:	93224

(1) The provider properly amends a cost report for the	93225
nursing facility under section 5165.107 of the Revised Code;	93226

(2) The department makes a finding based on an audit under	93227
section 5165.109 of the Revised Code;	93228

(3) The department makes a finding based on an exception	93229
review of resident assessment data conducted under section	93230
5165.193 of the Revised Code after the effective date of the	93231
nursing facility's rate for direct care costs that is based on the	93232
resident assessment data;	93233

(4) The department makes a finding based on a post-payment	93234
review conducted under section 5165.49 of the Revised Code.	93235

(B) The department shall apply the redetermined rate to the	93236
periods when the provider received the incorrect rate to determine	93237
the amount of the overpayment. The provider shall refund the	93238
amount of the overpayment. The department may charge the provider	93239
the following amount of interest from the time the overpayment was	93240
made:	93241

(1) If the overpayment resulted from costs reported for	93242
calendar year 1993, the interest shall be no greater than one and	93243
one-half times the current average bank prime rate.	93244

(2) If the overpayment resulted from costs reported for a	93245
subsequent calendar year:	93246

(a) The interest shall be no greater than two times the	93247
current average bank prime rate if the overpayment was no more	93248
than one per cent of the total medicaid payments to the provider	93249
for the fiscal year for which the overpayment was made.	93250

(b) The interest shall be no greater than two and one-half	93251
times the current average bank prime rate if the overpayment was	93252
more than one per cent of the total medicaid payments to the	93253
provider for the fiscal year for which the overpayment was made.	93254

Sec. 5165.42. In addition to the other penalties authorized	93255
by this chapter, the department of medicaid may impose the	93256
following penalties on a nursing facility provider:	93257

(A) If the provider does not furnish invoices or other	93258
documentation that the department requests during an audit within	93259
sixty days after the request, a fine of no more than the greater	93260
of the following:	93261

(1) One thousand dollars per audit;

93262

(2) Twenty-five per cent of the cumulative amount by which	93263
the costs for which documentation was not furnished increased the	93264
total medicaid payments to the provider during the fiscal year for	93265
which the costs were used to determine a rate.	93266

(B) If an exiting operator or owner fails to provide notice	93267
of a facility closure or voluntary withdrawal of participation in	93268
the medicaid program as required by section 5165.50 of the Revised	93269
Code, or an exiting operator or owner and entering operator fail	93270
to provide notice of a change of operator as required by section	93271
5165.51 of the Revised Code, a fine of not more than the current	93272
average bank prime rate plus four per cent of the last two monthly	93273
payments.	93274

Sec. 5165.43. For the purposes of sections 5165.41 and	93275
5165.42 of the Revised Code, the department of medicaid shall	93276
determine the current average bank prime rate using statistical	93277
release H.15, "selected interest rates," a weekly publication of	93278
the federal reserve board, or any successor publication. If	93279
statistical release H.15, or its successor, ceases to contain the	93280
bank prime rate information or ceases to be published, the	93281
department shall request a written statement of the average bank	93282
prime rate from the federal reserve bank of Cleveland or the	93283
federal reserve board.	93284

Sec. 5165.44. (A) Except as provided in division (B) of this	93285
section, the department of medicaid shall deduct the following	93286
from the next available medicaid payment the department makes to a	93287
nursing facility provider who continues to participate in	93288
medicaid:	93289

(1) Any amount the provider is required to refund, and any	93290
interest charged, under section 5165.41 of the Revised Code;	93291

(2) The amount of any penalty imposed on the provider under	93292
section 5165.42 of the Revised Code.	93293

(B) The department and a nursing facility provider may enter	93294
into an agreement under which a deduction required by division (A)	93295
of this section is taken in installments from payments the	93296
department makes to the provider.	93297

Sec. 5165.45. The department of medicaid shall transmit to	93298
the treasurer of state for deposit in the general revenue fund	93299
amounts collected from the following:	93300

(A) Refunds required by, and interest charged under, section	93301
5165.41 of the Revised Code;	93302

(B) Amounts collected from penalties imposed under section	93303
5165.42 of the Revised Code.	93304

Sec. 5165.46. All of the following are subject to an	93305
adjudication conducted in accordance with Chapter 119. of the	93306
Revised Code:	93307

(A) Any audit disallowance that the department of medicaid	93308
makes as the result of an audit under section 5165.109 of the	93309
Revised Code;	93310

(B) Any adverse finding that results from an exception review	93311
of resident assessment data conducted for a nursing facility under	93312
section 5165.193 of the Revised Code after the effective date of	93313
the nursing facility's medicaid payment rate for direct care costs	93314
that is based on the resident assessment data;	93315

(C) Any medicaid payment deemed an overpayment under section	93316
5165.523 of the Revised Code;	93317

(D) Any penalty the department imposes under section 5165.42	93318
of the Revised Code or section 5165.523 of the Revised Code.	93319

~~Sec. 5111.262.~~ Sec. 5165.47. No person, other than ~~the~~a nursing	93320
facility provider ~~of a nursing facility~~, shall submit a claim for	93321
medicaid ~~reimbursement~~payment for a service provided to a	93322
nursing facility resident if the service is included in a medicaid	93323
payment made to the nursing facility provider ~~of a nursing~~	93324
~~facility~~ under ~~sections 5111.20 to 5111.33 of the Revised Code~~	93325
this chapter or in the ~~reimbursable~~allowable expenses reported	93326
on a provider's cost report for a nursing facility. No nursing	93327
facility provider ~~of a nursing facility~~ shall submit a separate	93328
claim for medicaid ~~reimbursement~~payment for a service provided	93329
to a resident of the nursing facility if the service is included	93330
in a medicaid payment made to the provider under ~~sections 5111.20~~	93331
~~to 5111.331 of the Revised Code~~this chapter or in the	93332
~~reimbursable~~allowable expenses on the provider's cost report for	93333
the nursing facility.	93334

~~Sec. 5111.0211.~~ Sec. 5165.48. ~~As used in this section, "nursing~~	93335
~~facility" and "provider" have the same meanings as in section~~	93336
~~5111.20 of the Revised Code.~~	93337

The provider of a nursing facility is not required to submit	93338
a claim to the department of ~~job and family services~~medicaid	93339
regarding the medicare cost-sharing expenses of a resident of the	93340
nursing facility who, under federal law, is eligible to have the	93341
medicaid program pay for a part of the cost-sharing expenses if	93342
the provider determines that, under rules adopted under section	93343
~~5111.02~~5165.02 of the Revised Code, the nursing facility would	93344
not receive a medicaid payment for any part of the medicare	93345
cost-sharing expenses. In such a situation, a claim for the	93346
medicare cost-sharing expenses shall be considered to have been	93347
adjudicated at no payment.	93348

Sec. 5165.49. The department of medicaid may conduct a	93349
post-payment review of a claim submitted by a nursing facility	93350
provider and paid by the medicaid program to determine whether the	93351
provider was overpaid. The department shall provide the provider a	93352
written summary of the review's results. The review's results are	93353
not subject to an adjudication under Chapter 119. of the Revised	93354
Code; however, the provider may request that the medicaid director	93355
reconsider the review's results. The director shall reconsider the	93356
review's results on receipt of a request made in good faith. The	93357
department shall not deduct any amounts the department claims to	93358
be due from the provider as a result of the review from the	93359
provider's medicaid payments pursuant to section 5165.44 of the	93360
Revised Code until the conclusion of the director's	93361
reconsideration, if any, of the review.	93362

~~Sec. 5111.66.~~ Sec. 5165.50. An exiting operator or owner of a	93363
nursing facility ~~or intermediate care facility for the mentally~~	93364
~~retarded~~ participating in the medicaid program shall provide the	93365
department of ~~job and family services~~medicaid written notice of a	93366
facility closure~~, voluntary termination,~~ or voluntary withdrawal	93367
of participation not less than ninety days before the effective	93368
date of the facility closure~~, voluntary termination,~~ or voluntary	93369
withdrawal of participation. The written notice shall be provided	93370
to the department in accordance with the method specified in rules	93371
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	93372
Revised Code.	93373

The written notice shall include all of the following:

93374

(A) The name of the exiting operator and, if any, the exiting	93375
operator's authorized agent;	93376

(B) The name of the nursing facility ~~or intermediate care~~	93377
~~facility for the mentally retarded~~ that is the subject of the	93378
written notice;	93379

(C) The exiting operator's medicaid provider agreement number	93380
for the nursing facility that is the subject of the written	93381
notice;	93382

(D) The effective date of the facility closure~~, voluntary~~	93383
~~termination,~~ or voluntary withdrawal of participation;	93384

(E) The signature of the exiting operator's or owner's	93385
representative.	93386

~~Sec. 5111.661.~~ Sec. 5165.501. An operator shall comply with ~~section~~	93387
~~1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286 (1965)~~	93388
section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F) if the operator's	93389
nursing facility undergoes a voluntary withdrawal of	93390
participation.	93391

~~Sec. 5111.67.~~ Sec. 5165.51. (A) An exiting operator or owner and	93392
entering operator shall provide the department of ~~job and family~~	93393
~~services~~medicaid written notice of a change of operator if the	93394
nursing facility ~~or intermediate care facility for the mentally~~	93395
~~retarded~~ participates in the medicaid program and the entering	93396
operator seeks to continue the nursing facility's participation.	93397
The written notice shall be provided to the department in	93398
accordance with the method specified in rules ~~adopted under~~	93399
authorized by section ~~5111.689~~5165.53 of the Revised Code. The	93400
written notice shall be provided to the department not later than	93401
forty-five days before the effective date of the change of	93402
operator if the change of operator does not entail the relocation	93403
of residents. The written notice shall be provided to the	93404
department not later than ninety days before the effective date of	93405
the change of operator if the change of operator entails the	93406
relocation of residents.	93407

The written notice shall include all of the following:

93408

(1) The name of the exiting operator and, if any, the exiting	93409
operator's authorized agent;	93410

(2) The name of the nursing facility ~~or intermediate care~~	93411
~~facility for the mentally retarded~~ that is the subject of the	93412
change of operator;	93413

(3) The exiting operator's seven-digit medicaid legacy number	93414
and ten-digit national provider identifier number for the nursing	93415
facility that is the subject of the change of operator;	93416

(4) The name of the entering operator;

93417

(5) The effective date of the change of operator;

93418

(6) The manner in which the entering operator becomes the	93419
nursing facility's operator, including through sale, lease,	93420
merger, or other action;	93421

(7) If the manner in which the entering operator becomes the	93422
nursing facility's operator involves more than one step, a	93423
description of each step;	93424

(8) Written authorization from the exiting operator or owner	93425
and entering operator for the department to process a provider	93426
agreement for the entering operator;	93427

(9) The names and addresses of the persons to whom the	93428
department should send initial correspondence regarding the change	93429
of operator;	93430

(10) If the nursing facility also participates in the	93431
medicare program, notification of whether the entering operator	93432
intends to accept assignment of the exiting operator's medicare	93433
provider agreement;	93434

(11) The signature of the exiting operator's or owner's	93435
representative.	93436

(B) An exiting operator or owner and entering operator	93437
immediately shall provide the department written notice of any	93438
changes to information included in a written notice of a change of	93439
operator that occur after that notice is provided to the	93440
department. The notice of the changes shall be provided to the	93441
department in accordance with the method specified in rules	93442
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	93443
Revised Code.	93444

~~Sec. 5111.671.~~ Sec. 5165.511. The department of ~~job and family~~	93445
~~services~~medicaid may enter into a provider agreement with an	93446
entering operator that goes into effect at 12:01 a.m. on the	93447
effective date of the change of operator if all of the following	93448
requirements are met:	93449

(A) The department receives a properly completed written	93450
notice required by section ~~5111.67~~5165.51 of the Revised Code on	93451
or before the date required by that section.	93452

(B) The department receives both of the following in	93453
accordance with the method specified in rules ~~adopted under~~	93454
authorized by section ~~5111.689~~5165.53 of the Revised Code and not	93455
later than ten days after the effective date of the change of	93456
operator:	93457

(1) From the entering operator, a completed application for a	93458
provider agreement and all other forms and documents specified in	93459
rules ~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	93460
Revised Code;	93461

(2) From the exiting operator or owner, all forms and	93462
documents specified in rules ~~adopted under~~authorized by section	93463
~~5111.689~~5165.53 of the Revised Code.	93464

(C) The entering operator is eligible for medicaid payments	93465
as provided in section ~~5111.21~~5165.06 of the Revised Code.	93466

~~Sec. 5111.672.~~ Sec. 5165.512. (A) The department of ~~job and family~~	93467
~~services~~medicaid may enter into a provider agreement with an	93468
entering operator that goes into effect at 12:01 a.m. on the date	93469
determined under division (B) of this section if all of the	93470
following are the case:	93471

(1) The department receives a properly completed written	93472
notice required by section ~~5111.67~~5165.51 of the Revised Code.	93473

(2) The department receives, from the entering operator and	93474
in accordance with the method specified in rules ~~adopted under~~	93475
authorized by section ~~5111.689~~5165.53 of the Revised Code, a	93476
completed application for a provider agreement and all other forms	93477
and documents specified in rules adopted under that section.	93478

(3) The department receives, from the exiting operator or	93479
owner and in accordance with the method specified in rules ~~adopted~~	93480
~~under~~authorized by section ~~5111.689~~5165.53 of the Revised Code,	93481
all forms and documents specified in rules adopted under that	93482
section.	93483

(4) One or more of the following apply:

93484

(a) The requirement of division (A)(1) of this section is met	93485
after the time required by section ~~5111.67~~5165.51 of the Revised	93486
Code;	93487

(b) The requirement of division (A)(2) of this section is met	93488
more than ten days after the effective date of the change of	93489
operator;	93490

(c) The requirement of division (A)(3) of this section is met	93491
more than ten days after the effective date of the change of	93492
operator.	93493

(5) The entering operator is eligible for medicaid payments	93494
as provided in section ~~5111.21~~5165.06 of the Revised Code.	93495

(B) The department shall determine the date a provider	93496
agreement entered into under this section is to go into effect as	93497
follows:	93498

(1) The effective date shall give the department sufficient	93499
time to process the change of operator, assure no duplicate	93500
payments are made, and make the withholding required by section	93501
~~5111.681~~5165.521 of the Revised Code.	93502

(2) The effective date shall be not earlier than the latest	93503
of the following:	93504

(a) The effective date of the change of operator;

93505

(b) The date that the entering operator complies with section	93506
~~5111.67~~5165.51 of the Revised Code and division (A)(2) of this	93507
section;	93508

(c) The date that the exiting operator or owner complies with	93509
section ~~5111.67~~5165.51 of the Revised Code and division (A)(3) of	93510
this section.	93511

(3) The effective date shall be not later than the following	93512
after the later of the dates specified in division (B)(2) of this	93513
section:	93514

(a) Forty-five days if the change of operator does not entail	93515
the relocation of residents;	93516

(b) Ninety days if the change of operator entails the	93517
relocation of residents.	93518

~~Sec. 5111.673.~~ Sec. 5165.513. A provider that enters into a	93519
provider agreement with the department of ~~job and family services~~	93520
medicaid under section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of	93521
the Revised Code shall do all of the following:	93522

(A) Comply with all applicable federal statutes and	93523
regulations;	93524

(B) Comply with section ~~5111.22~~5165.07 of the Revised Code	93525
and all other applicable state statutes and rules;	93526

(C) Comply with all the terms and conditions of the exiting	93527
operator's provider agreement, including, but not limited to, all	93528
of the following:	93529

(1) Any plan of correction;

93530

(2) Compliance with health and safety standards;

93531

(3) Compliance with the ownership and financial interest	93532
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	93533

(4) Compliance with the civil rights requirements of 45	93534
C.F.R. parts 80, 84, and 90;	93535

(5) Compliance with additional requirements imposed by the	93536
department;	93537

(6) Any sanctions relating to remedies for violation of the	93538
provider agreement, including deficiencies, compliance periods,	93539
accountability periods, monetary penalties, notification for	93540
correction of contract violations, and history of deficiencies.	93541

~~Sec. 5111.674.~~ Sec. 5165.514. In the case of a change of operator,	93542
the exiting operator shall be considered to be the operator of the	93543
nursing facility ~~or intermediate care facility for the mentally~~	93544
~~retarded~~ for purposes of the medicaid program, including medicaid	93545
payments, until the effective date of the entering operator's	93546
provider agreement if the provider agreement is entered into under	93547
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	93548
Code.	93549

~~Sec. 5111.675.~~ Sec. 5165.515. The department of ~~job and family~~	93550
~~services~~medicaid may enter into a provider agreement as provided	93551
in section ~~5111.22~~5165.07 of the Revised Code, rather than	93552
section ~~5111.671~~5165.511 or ~~5111.672~~5165.512 of the Revised	93553
Code, with an entering operator if the entering operator does not	93554
agree to a provider agreement that satisfies the requirements of	93555
division (C) of section ~~5111.673~~5165.513 of the Revised Code. The	93556
department may not enter into the provider agreement unless the	93557
department of health certifies the nursing facility or	93558
~~intermediate care facility for the mentally retarded under Title~~	93559
~~XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	93560
~~1396, as amended~~for participation in medicaid. The effective date	93561
of the provider agreement shall not precede any of the following:	93562

(A) The date that the department of health certifies the	93563
nursing facility;	93564

(B) The effective date of the change of operator;

93565

(C) The date the requirement of section ~~5111.67~~5165.51 of	93566
the Revised Code is satisfied.	93567

~~Sec. 5111.676.~~ Sec. 5165.516. The medicaid director ~~of job and~~	93568
~~family services~~ may adopt rules ~~in accordance with Chapter 119.~~	93569
under section 5165.02 of the Revised Code governing adjustments	93570
to the medicaid ~~reimbursement~~payment rate for a nursing facility	93571
~~or intermediate care facility for the mentally retarded~~ that	93572
undergoes a change of operator. No rate adjustment resulting from	93573
a change of operator shall be effective before the effective date	93574
of the entering operator's provider agreement. This is the case	93575
regardless of whether the provider agreement is entered into under	93576
section ~~5111.671~~5165.511, section ~~5111.672~~5165.512, or, pursuant	93577
to section ~~5111.675~~5165.515, section ~~5111.22~~5165.07 of the	93578
Revised Code.	93579

~~Sec. 5111.677.~~ Sec. 5165.517. ~~Neither of the following~~The	93580
department of health's determination that a change of operator has	93581
or has not occurred for purposes of licensure under Chapter 3721.	93582
of the Revised Code shall not affect the department of ~~job and~~	93583
~~family services'~~medicaid's determination of whether or when a	93584
change of operator occurs or the effective date of an entering	93585
operator's provider agreement under section ~~5111.671~~5165.511,	93586
section ~~5111.672~~5165.512, or, pursuant to section ~~5111.675~~	93587
5165.515, section ~~5111.22~~5165.07 of the Revised Code:	93588

~~(A) The department of health's determination that a change of~~	93589
~~operator has or has not occurred for purposes of licensure under~~	93590
~~Chapter 3721. of the Revised Code;~~	93591

~~(B) The department of developmental disabilities'~~	93592
~~determination that a change of operator has or has not occurred~~	93593
~~for purposes of licensure under section 5123.19 of the Revised~~	93594
~~Code~~.	93595

~~Sec. 5111.68.~~ Sec. 5165.52. (A) On receipt of a written notice	93596
under section ~~5111.66~~5165.50 of the Revised Code of a facility	93597
closure~~, voluntary termination,~~ or voluntary withdrawal of	93598
participation, on receipt of a written notice under section	93599
~~5111.67~~5165.51 of the Revised Code of a change of operator, or on	93600
the effective date of an involuntary termination, the department	93601
of ~~job and family services~~medicaid shall estimate the amount of	93602
any overpayments made under the medicaid program to the exiting	93603
operator, including overpayments the exiting operator disputes,	93604
and other actual and potential debts the exiting operator owes or	93605
may owe to the department and United States centers for medicare	93606
and medicaid services under the medicaid program, including a	93607
franchise permit fee.	93608

(B) In estimating the exiting operator's other actual and	93609
potential debts to the department and the United States centers	93610
for medicare and medicaid services under the medicaid program, the	93611
department shall use a debt estimation methodology the medicaid	93612
director ~~of job and family services~~ shall establish in rules	93613
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	93614
Revised Code. The methodology shall provide for estimating all of	93615
the following that the department determines are applicable:	93616

(1) Refunds due the department under section ~~5111.27~~5165.41	93617
of the Revised Code;	93618

(2) Interest owed to the department and United States centers	93619
for medicare and medicaid services;	93620

(3) Final civil monetary and other penalties for which all	93621
right of appeal has been exhausted;	93622

(4) Money owed the department and United States centers for	93623
medicare and medicaid services from any outstanding final fiscal	93624
audit, including a final fiscal audit for the last fiscal year or	93625
portion thereof in which the exiting operator participated in the	93626
medicaid program;	93627

(5) Other amounts the department determines are applicable.

93628

(C) The department shall provide the exiting operator written	93629
notice of the department's estimate under division (A) of this	93630
section not later than thirty days after the department receives	93631
the notice under section ~~5111.66~~5165.50 of the Revised Code of	93632
the facility closure~~, voluntary termination,~~ or voluntary	93633
withdrawal of participation; the department receives the notice	93634
under section ~~5111.67~~5165.51 of the Revised Code of the change	93635
of operator; or the effective date of the involuntary termination.	93636
The department's written notice shall include the basis for the	93637
estimate.	93638

~~Sec. 5111.681.~~ Sec. 5165.521. (A) Except as provided in divisions	93639
(B), (C), and (D) of this section, the department of ~~job and~~	93640
~~family services~~medicaid may withhold from payment due an exiting	93641
operator under the medicaid program the total amount specified in	93642
the notice provided under division (C) of section ~~5111.68~~5165.52	93643
of the Revised Code that the exiting operator owes or may owe to	93644
the department and United States centers for medicare and medicaid	93645
services under the medicaid program.	93646

(B) In the case of a change of operator and subject to	93647
division (E) of this section, the following shall apply regarding	93648
a withholding under division (A) of this section if the exiting	93649
operator or entering operator or an affiliated operator executes a	93650
successor liability agreement meeting the requirements of division	93651
(F) of this section:	93652

(1) If the exiting operator, entering operator, or affiliated	93653
operator assumes liability for the total, actual amount of debt	93654
the exiting operator owes the department and the United States	93655
centers for medicare and medicaid services under the medicaid	93656
program as determined under section ~~5111.685~~5165.525 of the	93657
Revised Code, the department shall not make the withholding.	93658

(2) If the exiting operator, entering operator, or affiliated	93659
operator assumes liability for only the portion of the amount	93660
specified in division (B)(1) of this section that represents the	93661
franchise permit fee the exiting operator owes, the department	93662
shall withhold not more than the difference between the total	93663
amount specified in the notice provided under division (C) of	93664
section ~~5111.68~~5165.52 of the Revised Code and the amount for	93665
which the exiting operator, entering operator, or affiliated	93666
operator assumes liability.	93667

(C) In the case of a ~~voluntary termination,~~ voluntary	93668
withdrawal of participation, or facility closure and subject to	93669
division (E) of this section, the following shall apply regarding	93670
a withholding under division (A) of this section if the exiting	93671
operator or an affiliated operator executes a successor liability	93672
agreement meeting the requirements of division (F) of this	93673
section:	93674

(1) If the exiting operator or affiliated operator assumes	93675
liability for the total, actual amount of debt the exiting	93676
operator owes the department and the United States centers for	93677
medicare and medicaid services under the medicaid program as	93678
determined under section ~~5111.685~~5165.525 of the Revised Code,	93679
the department shall not make the withholding.	93680

(2) If the exiting operator or affiliated operator assumes	93681
liability for only the portion of the amount specified in division	93682
(C)(1) of this section that represents the franchise permit fee	93683
the exiting operator owes, the department shall withhold not more	93684
than the difference between the total amount specified in the	93685
notice provided under division (C) of section ~~5111.68~~5165.52 of	93686
the Revised Code and the amount for which the exiting operator or	93687
affiliated operator assumes liability.	93688

(D) In the case of an involuntary termination and subject to	93689
division (E) of this section, the following shall apply regarding	93690
a withholding under division (A) of this section if the exiting	93691
operator, the entering operator, or an affiliated operator	93692
executes a successor liability agreement meeting the requirements	93693
of division (F) of this section and the department approves the	93694
successor liability agreement:	93695

(1) If the exiting operator, entering operator, or affiliated	93696
operator assumes liability for the total, actual amount of debt	93697
the exiting operator owes the department and the United States	93698
centers for medicare and medicaid services under the medicaid	93699
program as determined under section ~~5111.685~~5165.525 of the	93700
Revised Code, the department shall not make the withholding.	93701

(2) If the exiting operator, entering operator, or affiliated	93702
operator assumes liability for only the portion of the amount	93703
specified in division (D)(1) of this section that represents the	93704
franchise permit fee the exiting operator owes, the department	93705
shall withhold not more than the difference between the total	93706
amount specified in the notice provided under division (C) of	93707
section ~~5111.68~~5165.52 of the Revised Code and the amount for	93708
which the exiting operator, entering operator, or affiliated	93709
operator assumes liability.	93710

(E) For an exiting operator or affiliated operator to be	93711
eligible to enter into a successor liability agreement under	93712
division (B), (C), or (D) of this section, both of the following	93713
must apply:	93714

(1) The exiting operator or affiliated operator must have one	93715
or more valid provider agreements, other than the provider	93716
agreement for the nursing facility ~~or intermediate care facility~~	93717
~~for the mentally retarded~~ that is the subject of the involuntary	93718
termination, ~~voluntary termination,~~ voluntary withdrawal of	93719
participation, facility closure, or change of operator;	93720

(2) During the twelve-month period preceding either the	93721
effective date of the involuntary termination or the month in	93722
which the department receives the notice of the ~~voluntary~~	93723
~~termination,~~ voluntary withdrawal of participation, or facility	93724
closure under section ~~5111.66~~5165.50 of the Revised Code or the	93725
notice of the change of operator under section ~~5111.67~~5165.51 of	93726
the Revised Code, the average monthly medicaid payment made to the	93727
exiting operator or affiliated operator pursuant to the exiting	93728
operator's or affiliated operator's one or more provider	93729
agreements, other than the provider agreement for the nursing	93730
facility ~~or intermediate care facility for the mentally retarded~~	93731
that is the subject of the involuntary termination, ~~voluntary~~	93732
~~termination,~~ voluntary withdrawal of participation, facility	93733
closure, or change of operator, must equal at least ninety per	93734
cent of the sum of the following:	93735

(a) The average monthly medicaid payment made to the exiting	93736
operator pursuant to the exiting operator's provider agreement for	93737
the nursing facility ~~or intermediate care facility for the~~	93738
~~mentally retarded~~ that is the subject of the involuntary	93739
termination, ~~voluntary termination,~~ voluntary withdrawal of	93740
participation, facility closure, or change of operator;	93741

(b) Whichever of the following apply:

93742

(i) If the exiting operator or affiliated operator has	93743
assumed liability under one or more other successor liability	93744
agreements, the total amount for which the exiting operator or	93745
affiliated operator has assumed liability under the other	93746
successor liability agreements;	93747

(ii) If the exiting operator or affiliated operator has not	93748
assumed liability under any other successor liability agreements,	93749
zero.	93750

(F) A successor liability agreement executed under this	93751
section must comply with all of the following:	93752

(1) It must provide for the operator who executes the	93753
successor liability agreement to assume liability for either of	93754
the following as specified in the agreement:	93755

(a) The total, actual amount of debt the exiting operator	93756
owes the department and the United States centers for medicare and	93757
medicaid services under the medicaid program as determined under	93758
section ~~5111.685~~5165.525 of the Revised Code;	93759

(b) The portion of the amount specified in division (F)(1)(a)	93760
of this section that represents the franchise permit fee the	93761
exiting operator owes.	93762

(2) It may not require the operator who executes the	93763
successor liability agreement to furnish a surety bond.	93764

(3) It must provide that the department, after determining	93765
under section ~~5111.685~~5165.525 of the Revised Code the actual	93766
amount of debt the exiting operator owes the department and United	93767
States centers for medicare and medicaid services under the	93768
medicaid program, may deduct the lesser of the following from	93769
medicaid payments made to the operator who executes the successor	93770
liability agreement:	93771

(a) The total, actual amount of debt the exiting operator	93772
owes the department and the United States centers for medicare and	93773
medicaid services under the medicaid program as determined under	93774
section ~~5111.685~~5165.525 of the Revised Code;	93775

(b) The amount for which the operator who executes the	93776
successor liability agreement assumes liability under the	93777
agreement.	93778

(4) It must provide that the deductions authorized by	93779
division (F)(3) of this section are to be made for a number of	93780
months, not to exceed six, agreed to by the operator who executes	93781
the successor liability agreement and the department or, if the	93782
operator who executes the successor liability agreement and	93783
department cannot agree on a number of months that is less than	93784
six, a greater number of months determined by the attorney general	93785
pursuant to a claims collection process authorized by statute of	93786
this state.	93787

(5) It must provide that, if the attorney general determines	93788
the number of months for which the deductions authorized by	93789
division (F)(3) of this section are to be made, the operator who	93790
executes the successor liability agreement shall pay, in addition	93791
to the amount collected pursuant to the attorney general's claims	93792
collection process, the part of the amount so collected that, if	93793
not for division (H) of this section, would be required by section	93794
109.081 of the Revised Code to be paid into the attorney general	93795
claims fund.	93796

(G) Execution of a successor liability agreement does not	93797
waive an exiting operator's right to contest the amount specified	93798
in the notice the department provides the exiting operator under	93799
division (C) of section ~~5111.68~~5165.52 of the Revised Code.	93800

(H) Notwithstanding section 109.081 of the Revised Code, the	93801
entire amount that the attorney general, whether by employees or	93802
agents of the attorney general or by special counsel appointed	93803
pursuant to section 109.08 of the Revised Code, collects under a	93804
successor liability agreement, other than the additional amount	93805
the operator who executes the agreement is required by division	93806
(F)(5) of this section to pay, shall be paid to the department of	93807
~~job and family services~~medicaid for deposit into the appropriate	93808
fund. The additional amount that the operator is required to pay	93809
shall be paid into the state treasury to the credit of the	93810
attorney general claims fund created under section 109.081 of the	93811
Revised Code.	93812

~~Sec. 5111.682.~~ Sec. 5165.522. (A) Except as provided in division	93813
(B) of this section, an exiting operator shall file with the	93814
department of ~~job and family services~~medicaid a cost report not	93815
later than ninety days after the last day the exiting operator's	93816
provider agreement is in effect or, in the case of a voluntary	93817
withdrawal of participation, the effective date of the voluntary	93818
withdrawal of participation. The cost report shall cover the	93819
period that begins with the day after the last day covered by the	93820
operator's most recent previous cost report required by section	93821
~~5111.26~~5165.10 of the Revised Code and ends on the last day the	93822
exiting operator's provider agreement is in effect or, in the case	93823
of a voluntary withdrawal of participation, the effective date of	93824
the voluntary withdrawal of participation. The cost report shall	93825
include, as applicable, all of the following:	93826

(1) The sale price of the nursing facility ~~or intermediate~~	93827
~~care facility for the mentally retarded~~;	93828

(2) A final depreciation schedule that shows which assets are	93829
transferred to the buyer and which assets are not transferred to	93830
the buyer;	93831

(3) Any other information the department requires.

93832

(B) The department, at its sole discretion, may waive the	93833
requirement that an exiting operator file a cost report in	93834
accordance with division (A) of this section.	93835

~~Sec. 5111.683.~~ Sec. 5165.523. If an exiting operator required by	93836
section ~~5111.682~~5165.522 of the Revised Code to file a cost	93837
report with the department of ~~job and family services~~medicaid	93838
fails to file the cost report in accordance with that section, all	93839
payments under the medicaid program for the period the cost report	93840
is required to cover are deemed overpayments until the date the	93841
department receives the properly completed cost report. The	93842
department may impose on the exiting operator a penalty of one	93843
hundred dollars for each calendar day the properly completed cost	93844
report is late.	93845

~~Sec. 5111.684.~~ Sec. 5165.524. The department of ~~job and family~~	93846
~~services~~medicaid may not provide an exiting operator final	93847
payment under the medicaid program until the department receives	93848
all properly completed cost reports the exiting operator is	93849
required to file under sections ~~5111.26~~5165.10 and ~~5111.682~~	93850
5165.522 of the Revised Code.	93851

~~Sec. 5111.685.~~ Sec. 5165.525. The department of ~~job and family~~	93852
~~services~~medicaid shall determine the actual amount of debt an	93853
exiting operator owes the department and the United States centers	93854
for medicare and medicaid services under the medicaid program by	93855
completing all final fiscal audits not already completed and	93856
performing all other appropriate actions the department determines	93857
to be necessary. The department shall issue an initial debt	93858
summary report on this matter not later than sixty days after the	93859
date the exiting operator files the properly completed cost report	93860
required by section ~~5111.682~~5165.522 of the Revised Code with the	93861
department or, if the department waives the cost report	93862
requirement for the exiting operator, sixty days after the date	93863
the department waives the cost report requirement. The initial	93864
debt summary report becomes the final debt summary report	93865
thirty-one days after the department issues the initial debt	93866
summary report unless the exiting operator, or an affiliated	93867
operator who executes a successor liability agreement under	93868
section ~~5111.681~~5165.521 of the Revised Code, requests a review	93869
before that date.	93870

The exiting operator, and an affiliated operator who executes	93871
a successor liability agreement under section ~~5111.681~~5165.521 of	93872
the Revised Code, may request a review to contest any of the	93873
department's findings included in the initial debt summary report.	93874
The request for the review must be submitted to the department not	93875
later than thirty days after the date the department issues the	93876
initial debt summary report. The department shall conduct the	93877
review on receipt of a timely request and issue a revised debt	93878
summary report. If the department has withheld money from payment	93879
due the exiting operator under division (A) of section ~~5111.681~~	93880
5165.521 of the Revised Code, the department shall issue the	93881
revised debt summary report not later than ninety days after the	93882
date the department receives the timely request for the review	93883
unless the department and exiting operator or affiliated operator	93884
agree to a later date. The exiting operator or affiliated operator	93885
may submit information to the department explaining what the	93886
operator contests before and during the review, including	93887
documentation of the amount of any debt the department owes the	93888
operator. The exiting operator or affiliated operator may submit	93889
additional information to the department not later than thirty	93890
days after the department issues the revised debt summary report.	93891
The revised debt summary report becomes the final debt summary	93892
report thirty-one days after the department issues the revised	93893
debt summary report unless the exiting operator or affiliated	93894
operator timely submits additional information to the department.	93895
If the exiting operator or affiliated operator timely submits	93896
additional information to the department, the department shall	93897
consider the additional information and issue a final debt summary	93898
report not later than sixty days after the department issues the	93899
revised debt summary report unless the department and exiting	93900
operator or affiliated operator agree to a later date.	93901

Each debt summary report the department issues under this	93902
section shall include the department's findings and the amount of	93903
debt the department determines the exiting operator owes the	93904
department and United States centers for medicare and medicaid	93905
services under the medicaid program. The department shall explain	93906
its findings and determination in each debt summary report.	93907

The exiting operator, and an affiliated operator who executes	93908
a successor liability agreement under section ~~5111.681~~5165.521 of	93909
the Revised Code, may request, in accordance with Chapter 119. of	93910
the Revised Code, an adjudication regarding a finding in a final	93911
debt summary report that pertains to an audit or alleged	93912
overpayment made under the medicaid program to the exiting	93913
operator. The adjudication shall be consolidated with any other	93914
uncompleted adjudication that concerns a matter addressed in the	93915
final debt summary report.	93916

~~Sec. 5111.686.~~ Sec. 5165.526. The department of ~~job and family~~	93917
~~services~~medicaid shall release the actual amount withheld under	93918
division (A) of section ~~5111.681~~5165.521 of the Revised Code,	93919
less any amount the exiting operator owes the department and	93920
United States centers for medicare and medicaid services under the	93921
medicaid program, as follows:	93922

(A) Unless the department issues the initial debt summary	93923
report required by section ~~5111.685~~5165.525 of the Revised Code	93924
not later than sixty days after the date the exiting operator	93925
files the properly completed cost report required by section	93926
~~5111.682~~5165.522 of the Revised Code, sixty-one days after the	93927
date the exiting operator files the properly completed cost	93928
report;	93929

(B) If the department issues the initial debt summary report	93930
required by section ~~5111.685~~5165.525 of the Revised Code not	93931
later than sixty days after the date the exiting operator files a	93932
properly completed cost report required by section ~~5111.682~~	93933
5165.522 of the Revised Code, not later than the following:	93934

(1) Thirty days after the deadline for requesting an	93935
adjudication under section ~~5111.685~~5165.525 of the Revised Code	93936
regarding the final debt summary report if the exiting operator,	93937
and an affiliated operator who executes a successor liability	93938
agreement under section ~~5111.681~~5165.521 of the Revised Code,	93939
fail to request the adjudication on or before the deadline;	93940

(2) Thirty days after the completion of an adjudication of	93941
the final debt summary report if the exiting operator, or an	93942
affiliated operator who executes a successor liability agreement	93943
under section ~~5111.681~~5165.521 of the Revised Code, requests the	93944
adjudication on or before the deadline for requesting the	93945
adjudication.	93946

(C) Unless the department issues the initial debt summary	93947
report required by section ~~5111.685~~5165.525 of the Revised Code	93948
not later than sixty days after the date the department waives the	93949
cost report requirement of section ~~5111.682~~5165.522 of the	93950
Revised Code, sixty-one days after the date the department waives	93951
the cost report requirement;	93952

(D) If the department issues the initial debt summary report	93953
required by section ~~5111.685~~5165.525 of the Revised Code not	93954
later than sixty days after the date the department waives the	93955
cost report requirement of section ~~5111.682~~5165.522 of the	93956
Revised Code, not later than the following:	93957

(1) Thirty days after the deadline for requesting an	93958
adjudication under section ~~5111.685~~5165.525 of the Revised Code	93959
regarding the final debt summary report if the exiting operator,	93960
and an affiliated operator who executes a successor liability	93961
agreement under section ~~5111.681~~5165.521 of the Revised Code,	93962
fail to request the adjudication on or before the deadline;	93963

(2) Thirty days after the completion of an adjudication of	93964
the final debt summary report if the exiting operator, or an	93965
affiliated operator who executes a successor liability agreement	93966
under section ~~5111.681~~5165.521 of the Revised Code, requests the	93967
adjudication on or before the deadline for requesting the	93968
adjudication.	93969

~~Sec. 5111.687.~~ Sec. 5165.527. The department of ~~job and family~~	93970
~~services~~medicaid, at its sole discretion, may release the amount	93971
withheld under division (A) of section ~~5111.681~~5165.521 of the	93972
Revised Code if the exiting operator submits to the department	93973
written notice of a postponement of a change of operator, facility	93974
closure, ~~voluntary termination,~~ or voluntary withdrawal of	93975
participation and the transactions leading to the change of	93976
operator, facility closure, ~~voluntary termination,~~ or voluntary	93977
withdrawal of participation are postponed for at least thirty days	93978
but less than ninety days after the date originally proposed for	93979
the change of operator, facility closure, ~~voluntary termination,~~	93980
or voluntary withdrawal of participation as reported in the	93981
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	93982
5165.51 of the Revised Code. The department shall release the	93983
amount withheld if the exiting operator submits to the department	93984
written notice of a cancellation or postponement of a change of	93985
operator, facility closure, ~~voluntary termination,~~ or voluntary	93986
withdrawal of participation and the transactions leading to the	93987
change of operator, facility closure, ~~voluntary termination,~~ or	93988
voluntary withdrawal of participation are canceled or postponed	93989
for more than ninety days after the date originally proposed for	93990
the change of operator, facility closure, ~~voluntary termination,~~	93991
or voluntary withdrawal of participation as reported in the	93992
written notice required by section ~~5111.66~~5165.50 or ~~5111.67~~	93993
5165.51 of the Revised Code. A written notice shall be provided to	93994
the department in accordance with the method specified in rules	93995
~~adopted under~~authorized by section ~~5111.689~~5165.53 of the	93996
Revised Code.	93997

After the department receives a written notice regarding a	93998
cancellation or postponement of a facility closure~~, voluntary~~	93999
~~termination,~~ or voluntary withdrawal of participation, the exiting	94000
operator or owner shall provide new written notice to the	94001
department under section ~~5111.66~~5165.50 of the Revised Code	94002
regarding any transactions leading to a facility closure,	94003
~~voluntary termination,~~ or voluntary withdrawal of participation at	94004
a future time. After the department receives a written notice	94005
regarding a cancellation or postponement of a change of operator,	94006
the exiting operator or owner and entering operator shall provide	94007
new written notice to the department under section ~~5111.67~~5165.51	94008
of the Revised Code regarding any transactions leading to a change	94009
of operator at a future time.	94010

~~Sec. 5111.688.~~ Sec. 5165.528. (A) All amounts withheld under	94011
section ~~5111.681~~5165.521 of the Revised Code from payment due an	94012
exiting operator under the medicaid program shall be deposited	94013
into the medicaid payment withholding fund created by the	94014
controlling board pursuant to section 131.35 of the Revised Code.	94015
Money in the fund shall be used as follows:	94016

(1) To pay an exiting operator when a withholding is released	94017
to the exiting operator under section ~~5111.686~~5165.526 or	94018
~~5111.687~~5165.527 of the Revised Code;	94019

(2) To pay the department of ~~job and family services~~medicaid	94020
and United States centers for medicare and medicaid services the	94021
amount an exiting operator owes the department and United States	94022
centers under the medicaid program.	94023

(B) Amounts paid from the medicaid payment withholding fund	94024
pursuant to division (A)(2) of this section shall be deposited	94025
into the appropriate department fund.	94026

~~Sec. 5111.689.~~ Sec. 5165.53. The medicaid director ~~of job and~~	94027
~~family services~~ shall adopt rules under section ~~5111.02~~5165.02 of	94028
the Revised Code to implement sections ~~5111.65~~5165.50 to ~~5111.689~~	94029
5165.53 of the Revised Code, including rules applicable to an	94030
exiting operator that provides written notification under section	94031
~~5111.66~~5165.50 of the Revised Code of a voluntary withdrawal of	94032
participation. Rules adopted under this section shall comply with	94033
~~section 1919(c)(2)(F) of~~ the "Social Security Act," ~~79 Stat. 286~~	94034
~~(1965)~~section 1919(c)(2)(F), 42 U.S.C. 1396r(c)(2)(F), regarding	94035
restrictions on transfers or discharges of nursing facility	94036
residents in the case of a voluntary withdrawal of participation.	94037
The rules may prescribe a medicaid ~~reimbursement~~payment	94038
methodology and other procedures that are applicable after the	94039
effective date of a voluntary withdrawal of participation that	94040
differ from the ~~reimbursement~~payment methodology and other	94041
procedures that would otherwise apply. The rules shall specify all	94042
of the following:	94043

(A) The method by which written notices to the department	94044
required by sections ~~5111.65~~5165.50 to ~~5111.689~~5165.53 of the	94045
Revised Code are to be provided;	94046

(B) The forms and documents that are to be provided to the	94047
department of medicaid under sections ~~5111.671~~5165.511 and	94048
~~5111.672~~5165.512 of the Revised Code, which shall include, in the	94049
case of such forms and documents provided by entering operators,	94050
all the fully executed leases, management agreements, merger	94051
agreements and supporting documents, and fully executed sales	94052
contracts and any other supporting documents culminating in the	94053
change of operator;	94054

(C) The method by which the forms and documents identified in	94055
division (B) of this section are to be provided to the department.	94056

~~Sec. 5111.35.~~ Sec. 5165.60. As used in this section, "a resident's	94057
rights" means the rights of a nursing facility resident under	94058
sections 3721.10 to 3721.17 of the Revised Code ~~and subsection (c)~~	94059
~~of section 1819 or 1919 of~~, the "Social Security Act," ~~49 Stat.~~	94060
~~620 (1935)~~sections 1819(c) and 1919(c), 42 U.S.C.~~A. 301, as~~	94061
~~amended~~1395i-3(c) and 1396r(c), and federal regulations issued	94062
under those ~~subsections~~sections of the "Social Security Act."	94063

As used in sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	94064
Revised Code:	94065

(A) "Certification requirements" means the requirements for	94066
nursing facilities established under ~~sections 1819 and 1919 of~~ the	94067
"Social Security Act.," sections 1819 and 1919, 42 U.S.C. 1395i-3	94068
and 1396r.	94069

(B) "Compliance" means substantially meeting all applicable	94070
certification requirements.	94071

(C) "Contracting agency" means a state agency that has	94072
entered into a contract with the department of ~~job and family~~	94073
~~services~~medicaid under section ~~5111.38~~5165.63 of the Revised	94074
Code.	94075

(D)(1) "Deficiency" means a finding cited by the department	94076
of health during a survey, on the basis of one or more actions,	94077
practices, situations, or incidents occurring at a nursing	94078
facility, that constitutes a severity level three finding,	94079
severity level four finding, scope level three finding, or scope	94080
level four finding. Whenever the finding is a repeat finding,	94081
"deficiency" also includes any finding that is a severity level	94082
two and scope level one finding, a severity level two and scope	94083
level two finding, or a severity level one and scope level two	94084
finding.	94085

(2) "Cluster of deficiencies" means deficiencies that result	94086
from noncompliance with two or more certification requirements and	94087
are causing or resulting from the same action, practice,	94088
situation, or incident.	94089

(E) "Emergency" means either of the following:

94090

(1) A deficiency or cluster of deficiencies that creates a	94091
condition of immediate jeopardy;	94092

(2) An unexpected situation or sudden occurrence of a serious	94093
or urgent nature that creates a substantial likelihood that one or	94094
more residents of a nursing facility may be seriously harmed if	94095
allowed to remain in the facility, including the following:	94096

(a) A flood or other natural disaster, civil disaster, or	94097
similar event;	94098

(b) A labor strike that suddenly causes the number of staff	94099
members in a nursing facility to be below that necessary for	94100
resident care.	94101

(F) "Finding" means a finding of noncompliance with	94102
certification requirements determined by the department of health	94103
under section ~~5111.41~~5165.66 of the Revised Code.	94104

(G) "Immediate jeopardy" means that one or more residents of	94105
a nursing facility are in imminent danger of serious physical or	94106
life-threatening harm.	94107

(H) "Medicaid eligible resident" means a person who is a	94108
resident of a nursing facility, or is applying for admission to a	94109
nursing facility, and is eligible ~~to receive financial assistance~~	94110
for nursing facility services under the ~~medical assistance~~	94111
medicaid program ~~for the care the person receives in such a~~	94112
~~facility~~.	94113

(I) "Noncompliance" means failure to substantially meet all	94114
applicable certification requirements.	94115

(J) "Nursing facility" ~~has the same meaning as in section~~	94116
~~5111.20 of the Revised Code~~includes a skilled nursing facility to	94117
the extent the context requires.	94118

(K) ~~"Provider" means a person, institution, or entity that~~	94119
~~furnishes nursing facility services under a medical assistance~~	94120
~~program provider agreement.~~	94121

~~(L) "Provider agreement" means a contract between the~~	94122
~~department of job and family services and a provider for the~~	94123
~~provision of nursing facility services under the medicaid program.~~	94124

~~(M)~~ "Repeat finding" or "repeat deficiency" means a finding	94125
or deficiency cited pursuant to a survey, to which both of the	94126
following apply:	94127

(1) The finding or deficiency involves noncompliance with the	94128
same certification requirement, and the same kind of actions,	94129
practices, situations, or incidents caused by or resulting from	94130
the noncompliance, as were cited in the immediately preceding	94131
standard survey or another survey conducted subsequent to the	94132
immediately preceding standard survey of the facility. For	94133
purposes of this division, actions, practices, situations, or	94134
incidents may be of the same kind even though they involve	94135
different residents, staff, or parts of the facility.	94136

(2) The finding or deficiency is cited subsequent to a	94137
determination by the department of health that the finding or	94138
deficiency cited on the immediately preceding standard survey, or	94139
another survey conducted subsequent to the immediately preceding	94140
standard survey, had been corrected.	94141

~~(N)~~(L)(1) "Scope level one finding" means a finding of	94142
noncompliance by a nursing facility in which the actions,	94143
situations, practices, or incidents causing or resulting from the	94144
noncompliance affect one or a very limited number of facility	94145
residents and involve one or a very limited number of facility	94146
staff members.	94147

(2) "Scope level two finding" means a finding of	94148
noncompliance by a nursing facility in which the actions,	94149
situations, practices, or incidents causing or resulting from the	94150
noncompliance affect more than a limited number of facility	94151
residents or involve more than a limited number of facility staff	94152
members, but the number or percentage of facility residents	94153
affected or staff members involved and the number or frequency of	94154
the actions, situations, practices, or incidents in short	94155
succession does not establish any reasonable degree of	94156
predictability of similar actions, situations, practices, or	94157
incidents occurring in the future.	94158

(3) "Scope level three finding" means a finding of	94159
noncompliance by a nursing facility in which the actions,	94160
situations, practices, or incidents causing or resulting from the	94161
noncompliance affect more than a limited number of facility	94162
residents or involve more than a limited number of facility staff	94163
members, and the number or percentage of facility residents	94164
affected or staff members involved or the number or frequency of	94165
the actions, situations, practices, or incidents in short	94166
succession establishes a reasonable degree of predictability of	94167
similar actions, situations, practices, or incidents occurring in	94168
the future.	94169

(4) "Scope level four finding" means a finding of	94170
noncompliance by a nursing facility causing or resulting from	94171
actions, situations, practices, or incidents that involve a	94172
sufficient number or percentage of facility residents or staff	94173
members or occur with sufficient regularity over time that the	94174
noncompliance can be considered systemic or pervasive in the	94175
facility.	94176

~~(O)~~(M)(1) "Severity level one finding" means a finding of	94177
noncompliance by a nursing facility that has not caused and, if	94178
continued, is unlikely to cause physical harm to a facility	94179
resident, mental or emotional harm to a resident, or a violation	94180
of a resident's rights that results in physical, mental, or	94181
emotional harm to the resident.	94182

(2) "Severity level two finding" means a finding of	94183
noncompliance by a nursing facility that, if continued over time,	94184
will cause, or is likely to cause, physical harm to a facility	94185
resident, mental or emotional harm to a resident, or a violation	94186
of a resident's rights that results in physical, mental, or	94187
emotional harm to the resident.	94188

(3) "Severity level three finding" means a finding of	94189
noncompliance by a nursing facility that has caused physical harm	94190
to a facility resident, mental or emotional harm to a resident, or	94191
a violation of a resident's rights that results in physical,	94192
mental, or emotional harm to the resident.	94193

(4) "Severity level four finding" means a finding of	94194
noncompliance by a nursing facility that has caused	94195
life-threatening harm to a facility resident or caused a	94196
resident's death.	94197

~~(P)~~(N) "State agency" has the same meaning as in section 1.60	94198
of the Revised Code.	94199

~~(Q)~~(O) "Substandard care" means care furnished in a facility	94200
in which the department of health has cited a deficiency or	94201
deficiencies that constitute one of the following:	94202

(1) A severity level four finding, regardless of scope;

94203

(2) A severity level three and scope level four finding, in	94204
the quality of care provided to residents;	94205

(3) A severity level three and scope level three finding, in	94206
the quality of care provided to residents.	94207

~~(R)~~(P)(1) "Survey" means a survey of a nursing facility	94208
conducted under section ~~5111.39~~5165.64 of the Revised Code.	94209

(2) "Standard survey" means a survey conducted by the	94210
department of health under division (A) of section ~~5111.39~~5165.64	94211
of the Revised Code and includes an extended survey.	94212

(3) "Follow-up survey" means a survey conducted by the	94213
department of health to determine whether a nursing facility has	94214
substantially corrected deficiencies cited in a previous survey.	94215

~~Sec. 5111.36.~~ Sec. 5165.61. The medicaid director ~~of job and~~	94216
~~family services~~ may adopt rules under ~~Chapter 119.~~section 5165.02	94217
of the Revised Code that are consistent with regulations,	94218
guidelines, and procedures issued by the United States secretary	94219
of health and human services under ~~sections 1819 and 1919 of~~ the	94220
"Social Security Act," ~~49 Stat. 620 (1935)~~sections 1819 and 1919,	94221
42 U.S.C.~~A. 301, as amended~~1395i-3 and 1396r, and necessary for	94222
administration and enforcement of sections ~~5111.35~~5165.60 to	94223
~~5111.62~~5165.89 of the Revised Code. If the secretary does not	94224
issue appropriate regulations for enforcement of those sections	94225
~~1819 and 1919~~ of the "Social Security Act" on or before December	94226
13, 1990, the medicaid director ~~of job and family services~~ may	94227
adopt, under ~~Chapter 119.~~section 5165.02 of the Revised Code,	94228
rules that are consistent with those sections and with sections	94229
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code.	94230

~~Sec. 5111.37.~~ Sec. 5165.62. The department of ~~job and family~~	94231
~~services~~medicaid is hereby authorized to enforce sections	94232
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code. The	94233
department may enforce the sections directly or through	94234
contracting agencies. The department and agencies shall enforce	94235
the sections in accordance with the requirements of ~~sections 1819~~	94236
~~and 1919 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	94237
sections 1819 and 1919, 42 U.S.C.~~A. 301, as amended~~1395i-3 and	94238
1396r, that apply to nursing facilities; with regulations,	94239
guidelines, and procedures adopted by the United States secretary	94240
of health and human services for the enforcement of those sections	94241
~~1819 and 1919~~ of the "Social Security Act"; and with the rules	94242
~~adopted under~~authorized by section ~~5111.36~~5165.61 of the Revised	94243
Code. The department and agencies shall enforce sections ~~5111.35~~	94244
5165.60 to ~~5111.62~~5165.89 of the Revised Code for purposes of the	94245
medicare program~~, Title XVIII of the "Social Security Act,"~~ only	94246
to the extent prescribed by the regulations, guidelines, and	94247
procedures issued by the secretary under ~~section 1819 of that act~~	94248
the "Social Security Act," section 1819, 42 U.S.C. 1395i-3.	94249

~~Sec. 5111.38.~~ Sec. 5165.63. The department of ~~job and family~~	94250
~~services~~medicaid may enter into contracts with other state	94251
agencies pursuant to section 5162.35 of the Revised Code that	94252
authorize the agencies to perform all or part of the duties	94253
assigned to the department of ~~job and family services~~medicaid	94254
under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised	94255
Code. Each contract shall specify the duties the agency is	94256
authorized to perform and the sections of the Revised Code under	94257
which the agency is authorized to perform those duties.	94258

~~Sec. 5111.39.~~ Sec. 5165.64. (A) The department of health shall	94259
conduct a survey, titled a standard survey, of every nursing	94260
facility in this state on a statewide average of not more than	94261
once every twelve months. Each nursing facility shall undergo a	94262
standard survey at least once every fifteen months as a condition	94263
of meeting certification requirements. The department may extend a	94264
standard survey; such a survey is titled an extended survey.	94265

(B) The department may conduct surveys in addition to	94266
standard surveys when it considers them necessary.	94267

(C) The department shall conduct surveys in accordance with	94268
the regulations, guidelines, and procedures issued by the United	94269
States secretary of health and human services under ~~Titles~~Title	94270
XVIII and Title XIX ~~of the "Social Security Act," 49 Stat. 620~~	94271
~~(1935), 42 U.S.C.A. 301, as amended~~, sections ~~5111.40~~5165.65 to	94272
~~5111.42~~5165.68 of the Revised Code, and rules adopted under	94273
section 3721.022 of the Revised Code.	94274

~~Sec. 5111.40.~~ Sec. 5165.65. (A) At the conclusion of each survey,	94275
the department of health survey team shall conduct an exit	94276
interview with the administrator or other person in charge of the	94277
nursing facility and any other facility staff members designated	94278
by the administrator or person in charge of the facility. During	94279
the exit interview, at the request of the administrator or other	94280
person in charge of the facility, the survey team shall provide	94281
one of the following, as selected by the survey team:	94282

(1) Copies of all survey notes and any other written	94283
materials created during the survey;	94284

(2) A written summary of the survey team's recommendations	94285
regarding findings of noncompliance with certification	94286
requirements;	94287

(3) An audio or audiovisual recording of the interview. If	94288
the survey team selects this option, at least two copies of the	94289
recording shall be made and the survey team shall select one copy	94290
to be kept by the survey team for use by the department of health.	94291

(B) All expenses of copying under division (A)(1) of this	94292
section or recording under division (A)(3) of this section,	94293
including the cost of the copy of the recording kept by the survey	94294
team, shall be paid by the facility.	94295

~~Sec. 5111.41.~~ Sec. 5165.66. (A) Except as provided in section	94296
3721.17 of the Revised Code, a finding shall be cited only on the	94297
basis of a survey and a determination that one or more actions,	94298
practices, situations, or incidents at a nursing facility caused	94299
or resulted from the facility's failure to comply with one or more	94300
certification requirements. The department of health shall	94301
determine whether the actions, practices, situations, or incidents	94302
can be justified by either of the following:	94303

(1) The actions, practices, situations, or incidents resulted	94304
from a resident exercising the resident's rights guaranteed under	94305
the laws of the United States or of this state;	94306

(2) The actions, practices, situations, or incidents resulted	94307
from a facility following the orders of a person licensed under	94308
Chapter 4731. of the Revised Code to practice medicine or surgery	94309
or osteopathic medicine and surgery.	94310

(B) If the department of health determines both that the	94311
actions, practices, situations, or incidents cannot be justified	94312
by the factors identified in division (A) of this section and that	94313
one or more of the following are applicable, the department shall	94314
declare that the actions, practices, situations, or incidents	94315
constitute a finding:	94316

(1) The actions, practices, situations, or incidents could	94317
have been prevented by one or more persons involved in the	94318
facility's operation;	94319

(2) No person involved in the facility's operation identified	94320
the actions, practices, situations, or incidents prior to the	94321
survey;	94322

(3) Prior to the survey, no person involved in the facility's	94323
operation initiated action to correct the noncompliance caused by	94324
or resulting in the actions, practices, situations, or incidents;	94325

(4) The facility does not have in effect, if needed, a	94326
contingency plan that is reasonably calculated to prevent	94327
physical, mental, or emotional harm to residents while permanent	94328
corrective action is being taken.	94329

(C) The department of health shall determine the severity	94330
level and scope level of each finding.	94331

(D) A deficiency that is substantially corrected within the	94332
time limits specified in sections ~~5111.52~~5165.79 to	94333
~~5111.56~~5165.83 of the Revised Code and for which no remedy is	94334
imposed, shall be counted as a deficiency for the purpose of	94335
determining whether a deficiency is a repeat deficiency.	94336

(E) Whenever the department of health determines that during	94337
the period between two surveys a finding existed at the facility,	94338
but the facility substantially corrected it prior to the second	94339
survey, the department shall cite it. However, the department of	94340
~~job and family services~~medicaid or a contracting agency shall	94341
impose a remedy only as provided in division (C) of section	94342
~~5111.46~~5165.72 of the Revised Code.	94343

(F) Immediately upon determining the severity and scope of a	94344
finding at a nursing facility, the department of health shall	94345
notify the department of ~~job and family services~~medicaid and any	94346
contracting agency of the finding, the severity and scope of the	94347
finding, and whether the finding creates immediate jeopardy.	94348
Immediately upon determining that an emergency exists at a	94349
facility that does not result from a deficiency that creates	94350
immediate jeopardy, the department of health shall notify the	94351
department of ~~job and family services~~medicaid and any contracting	94352
agency.	94353

~~Sec. 5111.411.~~ Sec. 5165.67. The results of a survey of a nursing	94354
facility that is conducted under section ~~5111.39~~5165.64 of the	94355
Revised Code, including any statement of deficiencies and all	94356
findings and deficiencies cited in the statement on the basis of	94357
the survey, shall be used solely to determine the nursing	94358
facility's compliance with certification requirements or with this	94359
chapter or another chapter of the Revised Code. Those results of a	94360
survey, that statement of deficiencies, and the findings and	94361
deficiencies cited in that statement shall not be used in any	94362
court or in any action or proceeding that is pending in any court	94363
and are not admissible in evidence in any action or proceeding	94364
unless that action or proceeding is an appeal of an administrative	94365
action by the department of ~~job and family services~~medicaid or	94366
contracting agency under this chapter or is an action by any	94367
department or agency of the state to enforce this chapter or	94368
another chapter of the Revised Code.	94369

Nothing in this section prohibits the results of a survey, a	94370
statement of deficiencies, or the findings and deficiencies cited	94371
in that statement on the basis of the survey under this section	94372
from being used in a criminal investigation or prosecution.	94373

~~Sec. 5111.42.~~ Sec. 5165.68. (A) Not later than ten days after an	94374
exit interview, the department of health shall deliver to the	94375
nursing facility a detailed statement, titled a statement of	94376
deficiencies, setting forth all findings and deficiencies cited on	94377
the basis of the survey, including any finding cited pursuant to	94378
division (E) of section ~~5111.41~~5165.66 of the Revised Code. The	94379
statement shall indicate the severity and scope level of each	94380
finding and fully describe the incidents or other facts that form	94381
the basis of the department's determination of the existence of	94382
each finding and deficiency. A failure by the survey team to	94383
completely disclose in the exit interview every finding that may	94384
result from the survey does not affect the validity of any finding	94385
or deficiency cited in the statement of deficiencies. On request	94386
of the facility, the department shall provide a copy of any	94387
written worksheet or other document produced by the survey team in	94388
making recommendations regarding scope and severity levels of	94389
findings and deficiencies.	94390

(B) At the same time the department of health delivers a	94391
statement of deficiencies, it also shall deliver to the facility a	94392
separate written notice that states all of the following:	94393

(1) That the department of ~~job and family services~~medicaid	94394
or a contracting agency will issue an order under section ~~5111.57~~	94395
5165.84 of the Revised Code denying payment for any medicaid	94396
eligible residents admitted on and after the effective date of the	94397
order if the facility does not substantially correct, within	94398
ninety days after the exit interview, the deficiency or	94399
deficiencies cited in the statement of deficiencies in accordance	94400
with the plan of correction it submitted under section ~~5111.43~~	94401
5165.69 of the Revised Code;	94402

(2) If a condition of substandard care has been cited on the	94403
basis of a standard survey and a condition of substandard care was	94404
also cited on the immediately preceding standard survey, that the	94405
department of ~~job and family services~~medicaid or a contracting	94406
agency will issue an order under section ~~5111.57~~5165.84 of the	94407
Revised Code denying payment for any medicaid eligible residents	94408
admitted on and after the effective date of the order if a	94409
condition of substandard care is cited on the basis of the next	94410
standard survey;	94411

(3) That the department of ~~job and family services~~medicaid	94412
or a contracting agency will issue an order under section ~~5111.58~~	94413
5165.88 of the Revised Code terminating the facility's	94414
participation in the ~~medical assistance~~medicaid program if either	94415
of the following applies:	94416

(a) The facility does not substantially correct the	94417
deficiency or deficiencies in accordance with the plan of	94418
correction it submitted under section ~~5111.43~~5165.69 of the	94419
Revised Code within six months after the exit interview.	94420

(b) The facility substantially corrects the deficiency or	94421
deficiencies within the six-month period, but after correcting it,	94422
the department of health, based on a follow-up survey conducted	94423
during the remainder of the six-month period, determines that the	94424
facility has failed to maintain compliance with certification	94425
requirements.	94426

~~Sec. 5111.43.~~ Sec. 5165.69. (A) Whenever a nursing facility	94427
receives a statement of deficiencies under section ~~5111.42~~5165.68	94428
of the Revised Code, the facility shall submit to the department	94429
of health for its approval a plan of correction for each finding	94430
cited in the statement. The plan shall ~~describe~~include all of the	94431
following:	94432

(1) Detailed descriptions of the actions the facility will	94433
take to correct each finding ~~and specify the~~, including actions	94434
the facility will take to protect residents situated similarly to	94435
the residents affected by the causes of the findings;	94436

(2) The date by which each finding will be corrected~~. In the~~	94437
~~case of~~;	94438

(3) A detailed description of an ongoing monitoring and	94439
improvement process to be used at the facility that is focused on	94440
preventing any recurrence of the causes of the findings;	94441

(4) If the plan concerns a finding assigned a severity level	94442
indicating that a resident was harmed or immediate jeopardy	94443
exists, all of the following:	94444

(a) Detailed analyses of the facts and circumstances of the	94445
finding, including identification of its root cause;	94446

(b) A detailed explanation of how the corrective actions	94447
described pursuant to division (A)(1) of this section relate to	94448
the root cause of the finding identified pursuant to division	94449
(A)(4)(a) of this section;	94450

(c) A detailed explanation of the relationship between the	94451
ongoing monitoring and improvement process described pursuant to	94452
division (A)(3) of this section and the root cause of the finding	94453
identified pursuant to division (A)(4)(a) of this section.	94454

(5) If the plan concerns a finding cited pursuant to division	94455
(E) of section ~~5111.41~~5165.66 of the Revised Code, ~~the plan shall~~	94456
~~describe~~a description of the actions the facility took to correct	94457
the finding and the date on which it was corrected.	94458

(B)(1) The department shall approve any plan, and any	94459
modification of an existing plan a nursing facility submits to the	94460
department, that ~~conforms~~does both of the following:	94461

(a) Conforms to the requirements for approval of plans of	94462
corrections, and modifications, established in the regulations,	94463
guidelines, and procedures issued by the United States secretary	94464
of health and human services under ~~Titles~~Title XVIII and Title	94465
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	94466
~~301, as amended~~;	94467

(b) Includes all the information required by division (A) of	94468
this section. ~~The department also shall approve any modification~~	94469
~~of an existing plan submitted by a facility, if the plan as~~	94470
~~modified conforms to those regulations, guidelines, and~~	94471
~~procedures. The~~	94472

(2) The department shall consult with the department of	94473
medicaid, department of aging, and office of the state long-term	94474
care ombudsperson program when determining whether a plan, or	94475
modification of an existing plan, to which division (A)(4) of this	94476
section applies conforms to the requirements for approval. The	94477
department shall not reject a facility's plan of correction or	94478
modification on the ground that the facility disputes the finding,	94479
if the plan or modification is reasonably calculated to correct	94480
the finding.	94481

(C) A facility that complies with this section shall not be	94482
considered to have admitted the existence of a finding cited by	94483
the department.	94484

~~Sec. 5111.44.~~ Sec. 5165.70. The department of health may appoint	94485
employees of the department to conduct on-site monitoring of a	94486
nursing facility whenever a finding is cited, including any	94487
finding cited pursuant to division (E) of section ~~5111.41~~5165.66	94488
of the Revised Code, or an emergency is found to exist.	94489
Appointment of monitors under this section is not subject to	94490
appeal under section ~~5111.60~~5165.87 or any other section of the	94491
Revised Code. No employee of a facility for which monitors are	94492
appointed, no person employed by the facility within the previous	94493
two years, and no person who currently has a consulting or other	94494
contract with the department or the facility, shall be appointed	94495
as a monitor under this section. Every monitor appointed under	94496
this section shall have the professional qualifications necessary	94497
to monitor correction of the finding or elimination of the	94498
emergency.	94499

~~Sec. 5111.45.~~ Sec. 5165.71. (A) If the department of health cites	94500
a deficiency or deficiencies that was not substantially corrected	94501
before a survey and that does not constitute a severity level four	94502
finding or create immediate jeopardy, the department of ~~job and~~	94503
~~family services~~medicaid or a contracting agency shall permit the	94504
nursing facility to continue participating in the ~~medical~~	94505
~~assistance~~medicaid program for up to six months after the exit	94506
interview, if all of the following apply:	94507

(1) The facility meets the requirements, established in	94508
regulations issued by the United States secretary of health and	94509
human services under Title XIX ~~of the "Social Security Act," 49~~	94510
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ for certification	94511
of nursing facilities that have a deficiency.	94512

(2) The department of health has approved a plan of	94513
correction submitted by the facility under section ~~5111.43~~5165.69	94514
of the Revised Code for each deficiency.	94515

(3) The provider agrees to repay the department of ~~job and~~	94516
~~family services~~medicaid, in accordance with section ~~5111.58~~	94517
5165.85 of the Revised Code, the federal share of all payments	94518
made by the department to the facility during the six-month period	94519
following the exit interview if the facility does not within the	94520
six-month period substantially correct the deficiency or	94521
deficiencies in accordance with the plan of correction submitted	94522
under section ~~5111.43~~5165.69 of the Revised Code.	94523

(B) If any of the conditions in divisions (A)(1) to (3) of	94524
this section do not apply, the department of ~~job and family~~	94525
~~services~~medicaid or contracting agency shall issue an order	94526
terminating the facility's participation in the ~~medical assistance~~	94527
medicaid program. An order issued under this division is subject	94528
to appeal under Chapter 119. of the Revised Code. The order shall	94529
not take effect prior to the later of the thirtieth day after it	94530
is delivered to the facility or, if the order is appealed, the	94531
date on which a final adjudication order upholding the termination	94532
becomes effective pursuant to Chapter 119. of the Revised Code.	94533

(C) At the time the department of ~~job and family services~~	94534
medicaid or contracting agency issues an order under division (B)	94535
of this section terminating a nursing facility's participation in	94536
the ~~medical assistance~~medicaid program, it may also impose,	94537
subject to section ~~5111.50~~5165.76 of the Revised Code, other	94538
remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 of the	94539
Revised Code.	94540

~~Sec. 5111.46.~~ Sec. 5165.72. (A) If the department of health cites	94541
a deficiency, or cluster of deficiencies, that was not	94542
substantially corrected before a survey and constitutes a severity	94543
level four finding, the department of ~~job and family services~~	94544
medicaid or contracting agency shall, subject to sections ~~5111.52~~	94545
5165.79 to ~~5111.56~~5165.83 of the Revised Code, impose a remedy	94546
for the deficiency or cluster of deficiencies. The department or	94547
agency may act under either division (A)(1) or (2) of this	94548
section:	94549

(1) The department or agency may impose one or more of the	94550
following remedies:	94551

(a) Issue an order terminating the nursing facility's	94552
participation in the ~~medical assistance~~medicaid program.	94553

(b) Do either of the following:

94554

(i) Regardless of whether the provider consents, appoint a	94555
temporary manager of the facility.	94556

(ii) Apply to the common pleas court of the county in which	94557
the facility is located for such injunctive or other equitable	94558
relief as is necessary for the appointment of a special master	94559
with such powers and authority over the facility and length of	94560
appointment as the court considers necessary.	94561

94562

(i) Issue an order denying ~~payment~~medicaid payments to the	94563
facility ~~under the medical assistance program~~ for all medicaid	94564
eligible residents admitted after the effective date of the order;	94565

(ii) Impose a fine.

94566

(d) Issue an order denying ~~payment~~medicaid payments to the	94567
facility ~~under the medical assistance program~~ for medicaid	94568
eligible residents admitted after the effective date of the order	94569
who have certain diagnoses or special care needs specified by the	94570
department or agency.	94571

(2) The department or agency may impose one or more of the	94572
following remedies:	94573

(a) Appoint, subject to the continuing consent of the	94574
provider, a temporary manager of the facility;	94575

(b) Do either of the following:

94576

(i) Regardless of whether the provider consents, appoint a	94577
temporary manager of the facility;	94578

(ii) Apply to the common pleas court of the county in which	94579
the facility is located for such injunctive or other equitable	94580
relief as is necessary for the appointment of a special master	94581
with such powers and authority over the facility and length of	94582
appointment as the court considers necessary.	94583

94584

(i) Issue an order denying ~~payment~~medicaid payments to the	94585
facility ~~under the medical assistance program~~ for all medicaid	94586
eligible residents admitted after the effective date of the order;	94587

(ii) Impose a fine.

94588

(d) Issue an order denying ~~payment~~medicaid payments to the	94589
facility ~~under the medical assistance program~~ for medicaid	94590
eligible residents admitted after the effective date of the order	94591
who have certain diagnoses or special care needs specified by the	94592
department or agency;	94593

(e) Issue an order requiring the facility to correct the	94594
deficiency or cluster of deficiencies under the plan of correction	94595
submitted by the facility and approved by the department of health	94596
under section ~~5111.43~~5165.69 of the Revised Code.	94597

(B) The department of ~~job and family services~~medicaid or	94598
contracting agency shall deliver a written order issued under	94599
division (A)(1) of this section terminating a nursing facility's	94600
participation in the ~~medical assistance~~medicaid program to the	94601
facility within five days after the exit interview. If the	94602
facility alleges, at any time prior to the later of the twentieth	94603
day after the exit interview or the fifteenth day after it	94604
receives the order, that the deficiency or cluster of deficiencies	94605
for which the order was issued has been substantially corrected,	94606
the department of health shall conduct a follow-up survey to	94607
determine whether the deficiency or cluster of deficiencies has	94608
been substantially corrected. The order shall take effect and the	94609
facility's participation shall terminate on the twentieth day	94610
after the exit interview, unless the facility has substantially	94611
corrected the deficiency or cluster of deficiencies that	94612
constituted a severity level four finding or did not receive	94613
notice from the department of ~~job and family services~~medicaid or	94614
contracting agency within five days after the exit interview. In	94615
the latter case, the order shall take effect and the facility's	94616
participation shall terminate on the fifteenth day after the	94617
facility received the order.	94618

(C) If the department of health cites a deficiency or cluster	94619
of deficiencies pursuant to division (E) of section ~~5111.41~~	94620
5165.66 of the Revised Code that constituted a severity level four	94621
finding, the department of ~~job and family services~~medicaid or a	94622
contracting agency shall, subject to section ~~5111.56~~5165.83 of	94623
the Revised Code, impose a fine. The fine shall be in effect for a	94624
period equal to the number of days the deficiency or cluster of	94625
deficiencies existed at the facility.	94626

~~Sec. 5111.47.~~ Sec. 5165.73. If the department of health cites a	94627
deficiency, or cluster of deficiencies, that was not substantially	94628
corrected before a survey and constitutes a severity level three	94629
and scope level three or four finding, the department of ~~job and~~	94630
~~family services~~medicaid or a contracting agency may, subject to	94631
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	94632
impose one or more of the following remedies:	94633

(A) Do either of the following:

94634

(1) Issue an order denying ~~payment~~medicaid payments to the	94635
facility ~~under the medical assistance program~~ for all medicaid	94636
eligible residents admitted after the effective date of the order;	94637

(2) Impose a fine.

94638

(B) Issue an order denying ~~payment~~medicaid payments to the	94639
facility ~~under the medical assistance program~~ for medicaid	94640
eligible residents admitted after the effective date of the order	94641
who have certain diagnoses or special care needs specified by the	94642
department or agency;	94643

(C) Issue an order requiring the facility to correct the	94644
deficiency or cluster of deficiencies under the plan of correction	94645
submitted by the facility and approved by the department of health	94646
under section ~~5111.43~~5165.69 of the Revised Code.	94647

~~Sec. 5111.48.~~ Sec. 5165.74. (A) If the department of health cites	94648
a deficiency, or cluster of deficiencies, that was not	94649
substantially corrected before a survey and constitutes a severity	94650
level three and scope level two finding, the department of ~~job and~~	94651
~~family services~~medicaid or a contracting agency may, subject to	94652
sections ~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code,	94653
impose one or more of the following remedies:	94654

(1) Do either of the following:

94655

(a) Issue an order denying ~~payment~~medicaid payments to the	94656
facility ~~under the medical assistance program~~ for all medicaid	94657
eligible residents admitted after the effective date of the order;	94658

(b) Impose a fine.

94659

(2) Issue an order denying ~~payment~~medicaid payments to the	94660
facility ~~under the medical assistance program~~ for medicaid	94661
eligible residents admitted after the effective date of the order	94662
who have certain diagnoses or special care needs specified by the	94663
department or agency;	94664

(3) Issue an order requiring the facility to correct the	94665
deficiency or cluster of deficiencies under the plan of correction	94666
proposed by the facility and approved by the department of health	94667
under section ~~5111.43~~5165.69 of the Revised Code.	94668

(B) If the department of health cites a deficiency, or	94669
cluster of deficiencies, that was not substantially corrected	94670
before a survey and constitutes a severity level three and scope	94671
level one finding, the department of ~~job and family services~~	94672
medicaid or a contracting agency may, subject to sections ~~5111.55~~	94673
5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose one or	94674
more of the following remedies:	94675

(1) Impose a fine;

94676

(2) Issue an order denying ~~payment~~medicaid payments to the	94677
facility ~~under the medical assistance program~~ for medicaid	94678
eligible residents admitted after the effective date of the order	94679
who have certain diagnoses or special care needs specified by the	94680
department or agency;	94681

(3) Issue an order requiring the facility to correct the	94682
deficiency or cluster of deficiencies under the plan of correction	94683
proposed by the facility and approved by the department of health	94684
under section ~~5111.43~~5165.69 of the Revised Code.	94685

(C) If the department of health cites a deficiency, or	94686
cluster of deficiencies, that was not substantially corrected	94687
before a survey and constitutes a severity level two and a scope	94688
level three or four finding, the department of ~~job and family~~	94689
~~services~~medicaid or a contracting agency may, subject to sections	94690
~~5111.55~~5165.82 and ~~5111.56~~5165.83 of the Revised Code, impose	94691
one or more of the following remedies:	94692

(1) Impose a fine;

94693

(2) Issue an order denying ~~payment~~medicaid payments to the	94694
facility ~~under the medical assistance program~~ for medicaid	94695
eligible residents admitted after the effective date of the order	94696
who have certain diagnoses or special care needs specified by the	94697
department or agency;	94698

(3) Issue an order requiring the facility to correct the	94699
deficiency or cluster of deficiencies under the plan of correction	94700
submitted by the facility and approved by the department of health	94701
under section ~~5111.43~~5165.69 of the Revised Code.	94702

(D) If the department of health cites a deficiency, or	94703
cluster of deficiencies, that was not substantially corrected	94704
before a survey, constitutes a severity level two and scope level	94705
one or two finding, and is a repeat finding, the department of ~~job~~	94706
~~and family services~~medicaid or a contracting agency may issue an	94707
order requiring the facility to correct the deficiency or cluster	94708
of deficiencies under the plan of correction submitted by the	94709
facility and approved by the department of health under section	94710
~~5111.43~~5165.69 of the Revised Code.	94711

(E) If the department of health cites a deficiency, or	94712
cluster of deficiencies, that was not substantially corrected	94713
before a survey and constitutes a severity level one and scope	94714
level three or four finding, the department of ~~job and family~~	94715
~~services~~medicaid or a contracting agency may issue an order	94716
requiring the facility to correct the deficiency or cluster of	94717
deficiencies under the plan of correction submitted by the	94718
facility and approved by the department of health under section	94719
~~5111.43~~5165.69 of the Revised Code.	94720

(F) If the department of health cites a deficiency, or	94721
cluster of deficiencies, that was not substantially corrected	94722
before a survey, constitutes a severity level one and scope level	94723
two finding, and is a repeat finding, the department of ~~job and~~	94724
~~family services~~medicaid or a contracting agency may issue an	94725
order requiring the facility to correct the deficiency or cluster	94726
of deficiencies under the plan of correction submitted by the	94727
facility and approved by the department of health under section	94728
~~5111.43~~5165.69 of the Revised Code.	94729

~~Sec. 5111.49.~~ Sec. 5165.75. (A) In determining which remedies to	94730
impose under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~	94731
5165.74 of the Revised Code, including whether a fine should be	94732
imposed, the department of ~~job and family services~~medicaid or a	94733
contracting agency shall do both of the following:	94734

(1) Impose the remedies that are most likely to achieve	94735
correction of deficiencies, encourage sustained compliance with	94736
certification requirements, and protect the health, safety, and	94737
rights of facility residents, but that are not directed at	94738
punishment of the facility;	94739

(2) Consider all of the following:

94740

(a) The presence or absence of immediate jeopardy;

94741

(b) The relationships of groups of deficiencies to each	94742
other;	94743

(c) The facility's history of compliance with certification	94744
requirements generally and in the specific area of the deficiency	94745
or deficiencies;	94746

(d) Whether the deficiency or deficiencies are directly	94747
related to resident care;	94748

(e) The corrective, long-term compliance, resident	94749
protective, and nonpunitive outcomes sought by the department or	94750
agency;	94751

(f) The nature, scope, and duration of the noncompliance with	94752
certification requirements;	94753

(g) The existence of repeat deficiencies;

94754

(h) The category of certification requirements with which the	94755
facility is out of compliance;	94756

(i) Any period of noncompliance with certification	94757
requirements that occurred between two certifications by the	94758
department of health that the facility was in compliance with	94759
certification requirements;	94760

(j) The facility's degree of culpability;

94761

(k) The accuracy, extent, and availability of facility	94762
records;	94763

(l) The facility's financial condition, exclusive of any	94764
moneys donated to a facility that is an organization described in	94765
subsection 501(c)(3) and is tax exempt under subsection 501(a) of	94766
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	94767
1;	94768

(m) Any adverse effect that the action or fine would have on	94769
the health and safety of facility residents;	94770

(n) If the noncompliance that resulted in the citation of a	94771
deficiency or cluster of deficiencies existed before a change in	94772
ownership of the facility, whether the new owner or owners have	94773
had sufficient time to correct the noncompliance.	94774

(B) Whenever the department or agency imposes remedies under	94775
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	94776
the Revised Code, it shall provide a written statement to the	94777
nursing facility that specifies all of the following:	94778

(1) The effective date of each remedy;

94779

(2) The deficiency or cluster of deficiencies for which each	94780
remedy is imposed;	94781

(3) The severity and scope of the deficiency or cluster of	94782
deficiencies;	94783

(4) The rationale, including all applicable factors specified	94784
in division (A) of this section, for imposing the remedies.	94785

~~Sec. 5111.50.~~ Sec. 5165.76. At the time the department of ~~job and~~	94786
~~family services~~medicaid or a contracting agency, under section	94787
~~5111.45~~5165.71, ~~5111.46~~5165.72, or ~~5111.51~~5165.77 of the	94788
Revised Code, issues an order terminating a nursing facility's	94789
participation in the ~~medical assistance~~medicaid program, the	94790
department or agency may also impose a fine, in accordance with	94791
sections ~~5111.46~~5165.72 to ~~5111.48~~5165.74 and ~~5111.56~~5165.83 of	94792
the Revised Code, to be collected in the event the termination	94793
order does not take effect. The department or agency shall not	94794
collect this fine if the termination order takes effect.	94795

~~Sec. 5111.51.~~ Sec. 5165.77. (A) If the department of health finds	94796
during a survey that an emergency exists at a nursing facility, as	94797
the result of a deficiency or cluster of deficiencies that creates	94798
immediate jeopardy, the department of ~~job and family services~~	94799
medicaid or a contracting agency shall impose one or more of the	94800
remedies described in division (A)(1) of this section and, in	94801
addition, may take one or both of the actions described in	94802
division (A)(2) of this section.	94803

(1) The department or agency shall impose one or more of the	94804
following remedies:	94805

(a) Appoint, subject to the continuing consent of the	94806
provider, a temporary manager of the facility;	94807

(b) Apply to the common pleas court of the county in which	94808
the facility is located for a temporary restraining order,	94809
preliminary injunction, or such other injunctive or equitable	94810
relief as is necessary to close the facility, transfer one or more	94811
residents to other nursing facilities or other appropriate care	94812
settings, or otherwise eliminate the condition of immediate	94813
jeopardy. If the court grants such an order, injunction, or	94814
relief, it may appoint a special master empowered to implement the	94815
court's judgment under the court's direct supervision.	94816

(c) Issue an order terminating the facility's participation	94817
in the ~~medical assistance~~medicaid program;	94818

(d) Regardless of whether the provider consents, appoint a	94819
temporary manager of the facility.	94820

(2) The department or agency may do one or both of the	94821
following:	94822

(a) Issue an order denying ~~payment~~medicaid payments to the	94823
facility for all medicaid eligible residents admitted after the	94824
effective date of the order;	94825

(b) Impose remedies under sections ~~5111.46~~5165.72 to ~~5111.48~~	94826
5165.74 of the Revised Code appropriate to the severity and scope	94827
of the deficiency or cluster of deficiencies, except that the	94828
department or agency shall not impose a fine for the same	94829
deficiency for which the department or agency has issued an order	94830
under division (A)(2)(a) of this section.	94831

(B) If the department of health, department of ~~job and family~~	94832
~~services~~medicaid, or a contracting agency finds on the basis of a	94833
survey or other visit to the facility by representatives of that	94834
department or agency that an emergency exists at a facility that	94835
is not the result of a deficiency or cluster of deficiencies that	94836
constitutes immediate jeopardy, the department of ~~job and family~~	94837
~~services~~medicaid or contracting agency may do either of the	94838
following:	94839

(1) Appoint, subject to the continuing consent of the	94840
provider, a temporary manager of the facility;	94841

(2) Apply to the common pleas court of the county in which	94842
the facility is located for a temporary restraining order,	94843
preliminary injunction, or such other injunctive or equitable	94844
relief as is necessary to close the facility, transfer one or more	94845
residents to other nursing facilities or other appropriate care	94846
settings, or otherwise eliminate the emergency. If the court	94847
grants such an order, injunction, or relief, it may appoint a	94848
special master empowered to implement the court's judgment under	94849
the court's direct supervision.	94850

(C)(1) Prior to acting under division (A)(1)(b), (c), (d), or	94851
(2), or (B)(2) of this section, the department of ~~job and family~~	94852
~~services~~medicaid or contracting agency shall give written notice	94853
to the facility specifying all of the following:	94854

(a) The nature of the emergency, including the nature of any	94855
deficiency or deficiencies that caused the emergency;	94856

(b) The nature of the action the department or agency intends	94857
to take unless the department of health determines that the	94858
facility, in the absence of state intervention, possesses the	94859
capacity to eliminate the emergency;	94860

94861

(2) If the department of health determines that the facility	94862
does not possess the capacity to eliminate the emergency in the	94863
absence of state intervention, the department of ~~job and family~~	94864
~~services~~medicaid or contracting agency may immediately take	94865
action under division (A) or (B) of this section. If the	94866
department of health determines that the facility possesses the	94867
capacity to eliminate the emergency, the department of ~~job and~~	94868
~~family services~~medicaid or contracting agency shall direct the	94869
facility to eliminate the emergency within five days after the	94870
facility's receipt of the notice. At the end of the five-day	94871
period, the department of health shall conduct a follow-up survey	94872
that focuses on the emergency. If the department of health	94873
determines that the facility has eliminated the emergency within	94874
the time period, the department of ~~job and family services~~	94875
medicaid or contracting agency shall not act under division	94876
(A)(1)(b), (c), (d), or (2)(a), or (B)(2) of this section. If the	94877
department of health determines that the facility has failed to	94878
eliminate the emergency within the five-day period, the department	94879
of ~~job and family services~~medicaid or contracting agency shall	94880
take appropriate action under division (A)(1)(b), (c), (d), or	94881
(2), or (B)(2) of this section.	94882

(3) Until the written notice required by division (C)(1) of	94883
this section is actually delivered, no action taken by the	94884
department of ~~job and family services~~medicaid or contracting	94885
agency under division (A)(1)(b), (c), (d), or (2), or (B)(2) of	94886
this section shall have any legal effect. In addition to the	94887
written notice, the department of health survey team shall give	94888
oral notice to the facility, at the time of the survey, concerning	94889
any recommendations the survey team intends to make that could	94890
form the basis of a determination that an emergency exists.	94891

(D) The department of ~~job and family services~~medicaid or	94892
contracting agency shall deliver a written order issued under	94893
division (A)(1) of this section terminating a nursing facility's	94894
participation in the ~~medical assistance~~medicaid program to the	94895
facility within five days after the exit interview. If the	94896
facility alleges, at any time prior to the later of the twentieth	94897
day after the exit interview or the fifteenth day after it	94898
receives the order, that the condition of immediate jeopardy for	94899
which the order was issued has been eliminated, the department of	94900
health shall conduct a follow-up survey to determine whether the	94901
immediate jeopardy has been eliminated. The order shall take	94902
effect and the facility's participation shall terminate on the	94903
twentieth day after the exit interview, unless the facility has	94904
eliminated the immediate jeopardy or did not receive notice from	94905
the department of ~~job and family services~~medicaid or contracting	94906
agency within five days after the exit interview. In the latter	94907
case, the order shall take effect and the facility's participation	94908
shall terminate on the fifteenth day after the facility received	94909
the order.	94910

(E) Any action taken by the department of ~~job and family~~	94911
~~services~~medicaid or a contracting agency under division	94912
(A)(1)(c), (d), or (2)(a) of this section is subject to appeal	94913
under Chapter 119. of the Revised Code, except that the department	94914
or agency may take such action prior to and during the pendency of	94915
any proceeding under that chapter. No action taken by a facility	94916
under division (C) of this section to eliminate an emergency cited	94917
by the department of health shall be considered an admission by	94918
the facility of the existence of an emergency.	94919

Sec. 5165.771. (A) As used in this section:

94920

"SFF list" means the list of nursing facilities that the	94921
United States department of health and human services creates	94922
under the special focus facility program.	94923

"Special focus facility program" means the program conducted	94924
by the United States secretary of health and human services	94925
pursuant to the "Social Security Act," section 1919(f)(10), 42	94926
U.S.C. 1396r(f)(10).	94927

"Table A" means the table included in the SFF list that	94928
identifies nursing facilities that are newly added to the SFF	94929
list.	94930

"Table B" means the table included in the SFF list that	94931
identifies nursing facilities that have not improved.	94932

"Table C" means the table included in the SFF list that	94933
identifies nursing facilities that have shown improvement.	94934

"Table D" means the table included in the SFF list that	94935
identifies nursing facilities that have recently graduated from	94936
the special focus facility program.	94937

(B) The department of medicaid shall issue an order	94938
terminating a nursing facility's participation in the medicaid	94939
program if any of the following apply:	94940

(1) The nursing facility is listed in table A or table B on	94941
the effective date of this section and fails to be placed in table	94942
C not later than twelve months after the effective date of this	94943
section;	94944

(2) The nursing facility is listed in table A, table B, or	94945
table C on the effective date of this section and fails to be	94946
placed in table D not later than twenty-four months after the	94947
effective date of this section;	94948

(3) The nursing facility is placed in table A after the	94949
effective date of this section and fails to be placed in table C	94950
not later than twelve months after the nursing facility is placed	94951
in table A;	94952

(4) The nursing facility is placed in table A after the	94953
effective date of this section and fails to be placed in table D	94954
not later than twenty-four months after the nursing facility is	94955
placed in table A.	94956

(C) An order issued under this section is not subject to	94957
appeal under Chapter 119. of the Revised Code.	94958

~~Sec. 5111.511.~~ Sec. 5165.78. (A) If the department of ~~job and~~	94959
~~family services~~medicaid determines that a nursing facility is	94960
experiencing or is likely to experience a serious financial loss	94961
or failure that jeopardizes or is likely to jeopardize the health,	94962
safety, and welfare of its residents, the department, subject to	94963
the provider's consent, may appoint a temporary resident safety	94964
assurance manager in the nursing facility to take actions the	94965
department determines are appropriate to ensure the health,	94966
safety, and welfare of the residents.	94967

(B) A temporary resident safety assurance manager appointed	94968
under this section is vested with the authority necessary to take	94969
actions the department of ~~job and family services~~medicaid	94970
determines are appropriate to ensure the health, safety, and	94971
welfare of the residents.	94972

(C) A temporary resident safety assurance manager appointed	94973
under this section may use any of the following funds to pay for	94974
costs the manager incurs on behalf of the nursing facility:	94975

(1) Medicaid payments made in accordance with the provider	94976
agreement for the nursing facility;	94977

(2) Funds from the residents protection fund that the	94978
department provides the manager under section ~~5111.62~~5162.66 of	94979
the Revised Code;	94980

(3) Other funds the department determines are appropriate if	94981
such use of the funds is consistent with the appropriations that	94982
authorize the use of the funds and all other state and federal	94983
laws governing the use of the funds.	94984

(D) The provider is liable to the department for the amount	94985
of any payments the department makes to the temporary resident	94986
safety assurance manager, other than payments specified in	94987
division (C)(1) of this section. The department may recover the	94988
amount the provider owes the department by doing any of the	94989
following:	94990

(1) Offsetting medicaid payments made to the provider in	94991
accordance with the provider agreement;	94992

(2) Placing a lien on any of the provider's real and personal	94993
property;	94994

(3) Initiating other collection actions.

94995

(E) No action the department takes under this section is	94996
subject to appeal under Chapter 119. of the Revised Code.	94997

(F) In rules ~~adopted under~~authorized by section ~~5111.36~~	94998
5165.61 of the Revised Code, the medicaid director ~~of job and~~	94999
~~family services~~ may establish all of the following:	95000

(1) Qualifications persons must meet to be appointed	95001
temporary resident safety assurance managers under this section;	95002

(2) Procedures for maintaining a list of qualified temporary	95003
resident safety assurance managers;	95004

(3) Procedures consistent with federal law for paying for the	95005
services of temporary resident safety assurance managers;	95006

(4) Accounting and reporting requirements for temporary	95007
resident safety assurance managers;	95008

(5) Other procedures and requirements the director determines	95009
are necessary to implement this section.	95010

~~Sec. 5111.52.~~ Sec. 5165.79. (A) As used in this section,	95011
"terminating" includes not renewing.	95012

(B) A nursing facility's participation in the ~~medical~~	95013
~~assistance~~medicaid program shall be terminated under sections	95014
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code as	95015
follows:	95016

(1) If the department of ~~job and family services~~medicaid is	95017
terminating the facility's participation, it shall issue an order	95018
terminating the facility's provider agreement.	95019

(2) If the department of health, acting as a contracting	95020
agency, is terminating the facility's participation, it shall	95021
issue an order terminating certification of the facility's	95022
compliance with certification requirements. When the department of	95023
health terminates certification, the department of ~~job and family~~	95024
~~services~~medicaid shall terminate the facility's provider	95025
agreement. The department of ~~job and family services~~medicaid is	95026
not required to provide an adjudication hearing when it terminates	95027
a provider agreement following termination of certification by the	95028
department of health.	95029

(3) If a state agency other than the department of health,	95030
acting as a contracting agency, is terminating the facility's	95031
participation, it shall notify the department of ~~job and family~~	95032
~~services~~medicaid, and the department of ~~job and family services~~	95033
medicaid shall issue an order terminating the facility's provider	95034
agreement. The contracting agency shall conduct any administrative	95035
proceedings concerning the order.	95036

(C) If the following conditions are met, the department of	95037
~~job and family services~~medicaid may make ~~medical assistance~~	95038
medicaid payments to a nursing facility for a period not exceeding	95039
thirty days after the effective date of termination under sections	95040
~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code of the	95041
facility's participation in the ~~medical assistance~~medicaid	95042
program:	95043

(1) The payments are for medicaid eligible residents admitted	95044
to the facility prior to the effective date of the termination;	95045

(2) The provider is making reasonable efforts to transfer	95046
medicaid eligible residents to other care settings.	95047

The period during which payments may be made under this	95048
division begins on the later of the effective date of the	95049
termination or, if the facility has appealed a termination order,	95050
the date of issuance of the adjudication order upholding	95051
termination.	95052

~~Sec. 5111.53.~~ Sec. 5165.80. (A) Whenever a nursing facility is	95053
closed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	95054
Revised Code, the department of ~~job and family services~~medicaid	95055
or contracting agency shall arrange for the safe and orderly	95056
transfer of all residents, including residents who are not	95057
medicaid eligible residents, to other appropriate care settings.	95058
Whenever a nursing facility's participation in the ~~medical~~	95059
~~assistance~~medicaid program is terminated under sections ~~5111.35~~	95060
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department or	95061
agency shall arrange for the safe and orderly transfer of all	95062
medicaid eligible residents or, if the termination results in the	95063
closure of the facility, of all residents. The provider and all	95064
persons involved in the facility's operation shall cooperate with	95065
and assist in the transfer of residents.	95066

(B) After a nursing facility's participation in the ~~medical~~	95067
~~assistance~~medicaid program is terminated under section ~~5111.45~~	95068
5165.71, ~~5111.46~~5165.72, ~~5111.51~~5165.77, 5165.771, or ~~5111.58~~	95069
5165.85 of the Revised Code, the department of ~~job and family~~	95070
~~services~~medicaid or contracting agency may appoint a temporary	95071
manager subject to the continuing consent of the provider, or may	95072
apply to the common pleas court of the county in which the	95073
facility is located for such injunctive relief as is necessary for	95074
the appointment of a special master, to ensure the transfer of	95075
medicaid eligible residents to other appropriate care settings	95076
and, if applicable, the orderly closure of the facility.	95077

~~Sec. 5111.54.~~ Sec. 5165.81. (A) A temporary manager of a nursing	95078
facility appointed by the department of ~~job and family services~~	95079
medicaid or a contracting agency under sections ~~5111.35~~5165.60 to	95080
~~5111.62~~5165.89 of the Revised Code shall meet all of the	95081
following qualifications:	95082

(1) Be licensed as a nursing home administrator under Chapter	95083
4751. of the Revised Code;	95084

(2) Have demonstrated competence as a nursing home	95085
administrator;	95086

(3) Have had no disciplinary action taken against the	95087
temporary manager by any licensing board or professional society	95088
in this state.	95089

(B) The salary of a temporary manager or special master	95090
appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	95091
Revised Code shall be paid by the facility and set by the	95092
department of ~~job and family services~~medicaid or contracting	95093
agency, in the case of a temporary manager, or by the court, in	95094
the case of a special master, at a rate not to exceed the maximum	95095
allowable compensation for an administrator under the ~~medical~~	95096
~~assistance~~medicaid program. The extent to which this compensation	95097
is allowable under the ~~medical assistance~~medicaid program is	95098
subject to and limited by this chapter and rules ~~of the department~~	95099
adopted under section 5165.02 of the Revised Code.	95100

Subject to division (C) of this section, any costs incurred	95101
on behalf of a nursing facility by a temporary manager or special	95102
master appointed under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89	95103
of the Revised Code shall be paid by the facility. The	95104
allowability of these costs under the ~~medical assistance~~medicaid	95105
program shall be subject to and governed by this chapter and ~~the~~	95106
rules ~~of the department~~adopted under section 5165.02 of the	95107
Revised Code. This division does not prohibit a facility from	95108
applying for or receiving any waiver of cost ceilings available	95109
under the rules ~~of the department~~.	95110

(C) No temporary manager or special master appointed under	95111
sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the Revised Code	95112
shall enter into any employment contract on behalf of a facility,	95113
or purchase any capital goods using facility funds totaling more	95114
than ten thousand dollars, unless the temporary manager or special	95115
master has obtained prior approval for the contract or purchase	95116
from either the provider or the court.	95117

(D)(1) A temporary manager appointed for a nursing facility	95118
under section ~~5111.46~~5165.72 of the Revised Code is hereby	95119
vested, subject to division (C) of this section, with the legal	95120
authority necessary to correct any deficiency or cluster of	95121
deficiencies at a facility, bring the facility into compliance	95122
with certification requirements, and otherwise ensure the health	95123
and safety of the residents.	95124

(2) A temporary manager appointed under section ~~5111.51~~	95125
5165.77 of the Revised Code is hereby vested, subject to division	95126
(C) of this section, with the authority necessary to eliminate the	95127
emergency, bring the facility into compliance with certification	95128
requirements, and otherwise ensure the health and safety of the	95129
residents.	95130

(3) A temporary manager appointed under section ~~5111.53~~	95131
5165.80 of the Revised Code is hereby vested, subject to division	95132
(C) of this section, with the authority necessary to ensure the	95133
transfer of medicaid eligible residents to other appropriate care	95134
settings and, if applicable, the orderly closure of the facility,	95135
and to otherwise ensure the health and safety of the residents.	95136

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	95137
section ~~5111.46~~5165.72 of the Revised Code to appoint a temporary	95138
manager or apply for a special master, the department of ~~job and~~	95139
~~family services~~medicaid or contracting agency shall order the	95140
facility to substantially correct the deficiency or deficiencies	95141
within five days after receiving the statement and inform the	95142
facility, in the statement it provides pursuant to division (B) of	95143
section ~~5111.49~~5165.75 of the Revised Code, of the order and	95144
that it will not take that action unless the facility fails to	95145
substantially correct the deficiency or deficiencies within that	95146
five-day period. At the end of the five-day period, the department	95147
of health shall conduct a follow-up survey that focuses on the	95148
deficiency or deficiencies. If the department of health determines	95149
that the facility has substantially corrected the deficiency or	95150
deficiencies within that time, the department of ~~job and family~~	95151
~~services~~medicaid or contracting agency shall not appoint a	95152
temporary manager or apply for a special master. If the department	95153
of health determines that the facility has failed to substantially	95154
correct the deficiency or deficiencies within that time, the	95155
department of ~~job and family services~~medicaid or contracting	95156
agency may proceed with appointment of the temporary manager or	95157
application for a special master. Until the statement required	95158
under division (B) of section ~~5111.49~~5165.75 of the Revised Code	95159
is actually delivered, no action taken by the department or agency	95160
to appoint a temporary manager or apply for a temporary manager	95161
under division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 of	95162
the Revised Code shall have any legal effect. No action taken by a	95163
facility under this division to substantially correct a deficiency	95164
or deficiencies shall be considered an admission by the facility	95165
of the existence of a deficiency or deficiencies.	95166

(F) Appointment of a temporary manager under division	95167
(A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72 or division	95168
(A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code shall	95169
expire at the end of the seventh day following the appointment. If	95170
the department of ~~job and family services~~medicaid or contracting	95171
agency finds that the deficiency or deficiencies that prompted the	95172
appointment under division (A)(1)(b) or (2)(b) of section ~~5111.46~~	95173
5165.72 of the Revised Code cannot be substantially corrected, or	95174
the condition of immediate jeopardy that prompted the appointment	95175
under division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised	95176
Code cannot be eliminated, prior to the expiration of the	95177
appointment, it may take one of the following actions:	95178

(1) Appoint, subject to the continuing consent of the	95179
provider, a temporary manager for the facility;	95180

(2) Apply to the common pleas court of the county in which	95181
the facility is located for an order appointing a special master	95182
who, under the authority and direct supervision of the court and	95183
subject to divisions (B) and (C) of this section, may take such	95184
additional actions as are necessary to correct the deficiency or	95185
deficiencies or eliminate the condition of immediate jeopardy and	95186
bring the facility into compliance with certification	95187
requirements.	95188

(G) The court, on finding that the deficiency or deficiencies	95189
for which a special master was appointed under division (F)(2) of	95190
this section or division (A)(1)(b) or (2)(b) of section ~~5111.46~~	95191
5165.72 of the Revised Code has been substantially corrected, or	95192
the emergency for which a special master was appointed under	95193
division (F)(2) of this section or division (A)(1)(b) or (B)(2) of	95194
section ~~5111.51~~5165.77 of the Revised Code has been eliminated,	95195
that the facility has been brought into compliance with	95196
certification requirements, and that the provider has established	95197
the management capability to ensure continued compliance with the	95198
certification requirements, shall immediately terminate its	95199
jurisdiction over the facility and return control and management	95200
of the facility to the provider. If the deficiency or deficiencies	95201
cannot be substantially corrected, or the emergency cannot be	95202
eliminated practicably within a reasonable time following	95203
appointment of the special master, the court may order the special	95204
master to close the facility and transfer all residents to other	95205
nursing facilities or other appropriate care settings.	95206

(H) This section does not apply to temporary resident safety	95207
assurance managers appointed under section ~~5111.511~~5165.78 of the	95208
Revised Code.	95209

~~Sec. 5111.55.~~ Sec. 5165.82. (A) An order issued under section	95210
~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	95211
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	95212
medicaid payments to a nursing facility for all medicaid eligible	95213
residents admitted after its effective date, or an order issued	95214
under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74	95215
of the Revised Code denying ~~payment~~medicaid payments to a	95216
nursing facility for medicaid eligible residents admitted after	95217
the effective date of the order who have specified diagnoses or	95218
special care needs, shall also apply to individuals admitted to	95219
the facility on and after the effective date of the order who are	95220
not medicaid eligible residents but become medicaid eligible	95221
residents after admission. Such an order shall not apply to any of	95222
the following:	95223

(1) An individual who was a medicaid eligible resident of the	95224
facility on the day immediately preceding the effective date of	95225
the order and continues to be a medicaid eligible resident on and	95226
after that date;	95227

(2) An individual who was a resident of the facility on the	95228
day immediately preceding the effective date of the order,	95229
continues to be a resident on and after that date, and becomes	95230
medicaid eligible on or after that date;	95231

(3) An individual who was a medicaid eligible resident of the	95232
facility prior to the effective date of the order, is temporarily	95233
absent from the facility on that or a subsequent date due to	95234
hospitalization or participation in therapeutic programs outside	95235
the facility, and chooses to return to the facility;	95236

(4) An individual who was a resident of the facility prior to	95237
the effective date of the order, is temporarily absent from the	95238
facility on that or a subsequent date due to hospitalization or	95239
participation in therapeutic programs outside the facility,	95240
becomes medicaid eligible on or after that date, and chooses to	95241
return to the facility.	95242

(B) An order issued under section ~~5111.46~~5165.72 of the	95243
Revised Code denying ~~payment~~medicaid payments to a nursing	95244
facility for all medicaid eligible residents admitted after its	95245
effective date, or denying ~~payment~~medicaid payments to a facility	95246
for medicaid eligible residents admitted after the effective date	95247
of the order who have specified diagnoses or special care needs	95248
shall not take effect prior to the fifth day after the order is	95249
delivered to the facility. Such an order issued under section	95250
~~5111.47~~5165.73 or ~~5111.48~~5165.74 of the Revised Code shall not	95251
take effect prior to the twentieth day after it is delivered to	95252
the facility.	95253

(C) No nursing facility that has received an order under	95254
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~5165.74, ~~5111.51~~	95255
5165.77, or ~~5111.57~~5165.84 of the Revised Code denying ~~payment~~	95256
medicaid payments for all new admissions of medicaid eligible	95257
residents shall admit a medicaid eligible resident on or after the	95258
effective date of the order, unless the resident is described in	95259
division (A)(3) or (4) of this section, until the order is	95260
terminated pursuant to this section. No nursing facility that has	95261
received an order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73,	95262
or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	95263
payments to a nursing facility for new admissions of medicaid	95264
eligible residents with specified diagnoses or special care needs	95265
shall admit such a resident on or after the effective date of the	95266
order, unless the resident is described in division (A)(3) or (4)	95267
of this section, until the order is terminated pursuant to this	95268
section.	95269

(D) In the case of an order imposed under division (B) of	95270
section ~~5111.57~~5165.84 of the Revised Code, the department or	95271
agency shall appoint monitors in accordance with section ~~5111.44~~	95272
5165.70 of the Revised Code to conduct on-site monitoring.	95273

(E)(1) A facility may give written notice to the department	95274
of health whenever any of the following apply:	95275

(a) With respect to an order denying payment issued under	95276
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	95277
the Revised Code, either of the following is the case:	95278

(i) The facility has completed implementation of the plan of	95279
correction it submitted under section ~~5111.43~~5165.69 of the	95280
Revised Code and substantially corrected all deficiencies for	95281
which the order was issued.	95282

(ii) The facility has reduced the severity or scope of all of	95283
the deficiencies to a level at which sections ~~5111.46~~5165.72 to	95284
~~5111.48~~5165.74 of the Revised Code do not authorize the order.	95285

(b) With respect to an order denying payment issued under	95286
section ~~5111.51~~5165.77 of the Revised Code, the facility has	95287
eliminated the immediate jeopardy.	95288

(c) With respect to an order denying ~~payment~~medicaid	95289
payments issued under division (A) of section ~~5111.57~~5165.84 of	95290
the Revised Code, the facility has completed implementation of the	95291
plan of correction it submitted under section ~~5111.43~~5165.69 of	95292
the Revised Code and substantially corrected all deficiencies for	95293
which the order was issued.	95294

(d) With respect to an order denying ~~payment~~medicaid	95295
payments issued under division (B) of section ~~5111.57~~5165.84 of	95296
the Revised Code, both of the following are the case:	95297

(i) The facility has completed implementation of the plan of	95298
correction it submitted under section ~~5111.43~~5165.69 of the	95299
Revised Code and substantially corrected all deficiencies for	95300
which the order was issued.	95301

(ii) The facility is in compliance with certification	95302
requirements and has provided adequate assurance that it will	95303
remain in compliance with them.	95304

(2) Within ten working days after it receives the notice	95305
under division (E)(1) of this section, the department of health	95306
shall conduct a follow-up survey that focuses on the cited	95307
deficiency or deficiencies, unless the department is able to	95308
determine, on the basis of documentation provided by the facility,	95309
that the facility has completed the applicable action described in	95310
divisions (E)(1)(a) to (d) of this section. If the department of	95311
health makes that determination on the basis of the documentation,	95312
the department of ~~job and family services~~medicaid or contracting	95313
agency shall terminate the order denying ~~payment~~medicaid payments	95314
as of the date the facility completed the applicable action, as	95315
subsequently verified by the department of health. If the	95316
department of health conducts a follow-up survey, the department	95317
of ~~job and family services~~medicaid or contracting agency shall	95318
terminate the order denying ~~payment~~medicaid payments as of the	95319
date the department of health makes the determination that the	95320
facility completed the applicable action.	95321

(F) The department of ~~job and family services~~medicaid or	95322
contracting agency shall provide public notice implementing an	95323
order under section ~~5111.46~~5165.72, ~~5111.47~~5165.73, ~~5111.48~~	95324
5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the Revised Code	95325
denying ~~payment~~medicaid payments to a nursing facility ~~under the~~	95326
~~medical assistance program~~ for all medicaid eligible residents by	95327
publishing in a newspaper of general circulation in the county in	95328
which the facility is located an announcement stating: "By order	95329
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	95330
name of contracting agency), effective on and after (effective	95331
date of order), (name of facility) is no longer authorized to	95332
admit Medicaid eligible residents." Immediately following	95333
termination of any such order, the department or agency shall	95334
publish in a newspaper of general circulation in the county in	95335
which the facility is located an announcement stating: "By order	95336
of the (Ohio Department of ~~Job and Family Services~~Medicaid or	95337
name of contracting agency), effective on and after (effective	95338
date of termination), (name of facility) is hereby authorized to	95339
admit Medicaid eligible residents." Neither the department nor the	95340
contracting agency shall issue public notice of an order under	95341
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	95342
the Revised Code denying payment to a nursing facility for	95343
medicaid eligible residents with specified diagnoses or special	95344
care needs; public notice is not required for such an order to	95345
take effect.	95346

(G) A facility that complies with division (E) of this	95347
section shall not be considered to have admitted to the existence	95348
of the deficiency that constitutes the basis of the department's	95349
or agency's order.	95350

~~Sec. 5111.56.~~ Sec. 5165.83. (A) As used in this section,	95351
"certified beds" means beds certified under Title XVIII or Title	95352
XIX ~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	95353
~~301, as amended~~.	95354

(B) If the department of ~~job and family services~~medicaid or	95355
a contracting agency imposes a fine on a nursing facility under	95356
section ~~5111.46~~5165.72, ~~5111.47~~5165.73, or ~~5111.48~~5165.74 of	95357
the Revised Code, it may impose one or more of the following:	95358

(1) One hundred sixty per cent of the amount calculated under	95359
division (C) of this section for any deficiency or cluster of	95360
deficiencies that constitutes a severity level four and scope	95361
level four finding;	95362

(2) One hundred forty per cent of the amount calculated under	95363
division (C) of this section for any deficiency or cluster of	95364
deficiencies that constitutes a severity level four and scope	95365
level three finding;	95366

(3) One hundred twenty per cent of the amount calculated	95367
under division (C) of this section for any deficiency or cluster	95368
of deficiencies that constitutes a severity level four and scope	95369
level two finding;	95370

(4) The amount calculated under division (C) of this section	95371
for any deficiency or cluster of deficiencies that constitutes a	95372
severity level four and scope level one finding or any deficiency	95373
or cluster of deficiencies that constitutes a severity level three	95374
and scope level four finding;	95375

(5) Ninety per cent of the amount calculated under division	95376
(C) of this section for any deficiency or cluster of deficiencies	95377
that constitutes a severity level three and scope level three	95378
finding;	95379

(6) Eighty per cent of the amount calculated under division	95380
(C) of this section for any deficiency or cluster of deficiencies	95381
that constitutes a severity level three and scope level two	95382
finding;	95383

(7) Seventy per cent of the amount calculated under division	95384
(C) of this section for any deficiency or cluster of deficiencies	95385
that constitutes a severity level three and scope level one	95386
finding;	95387

(8) Fifty per cent of the amount calculated under division	95388
(C) of this section for any deficiency or cluster of deficiencies	95389
that constitutes a severity level two and scope level four	95390
finding;	95391

(9) Forty per cent of the amount calculated under division	95392
(C) of this section for any deficiency or cluster of deficiencies	95393
that constitutes a severity level two and scope level three	95394
finding.	95395

(C) The amount subject to division (B) of this section shall	95396
be the product of multiplying two dollars and fifty cents for each	95397
day the fine is in effect by the total number of licensed nursing	95398
home beds or certified beds, whichever is greater, in the facility	95399
as of the date the deficiency or cluster of deficiencies that is	95400
the reason for the fine was cited.	95401

(D)(1) The department of ~~job and family services~~medicaid or	95402
contracting agency shall not impose on a facility, at any one	95403
time, more than four fines as a result of any one survey.	95404

(2) The department of ~~job and family services~~medicaid or	95405
contracting agency shall not impose more than one fine based on a	95406
deficiency or cluster of deficiencies. However, if the department	95407
of health, in a follow-up or other subsequent survey, finds a	95408
change in the scope or severity of the deficiency or cluster of	95409
deficiencies, the department of ~~job and family services~~medicaid	95410
or contracting agency may increase or decrease the fine in	95411
accordance with division (B) of this section to reflect the change	95412
in scope or severity. The department or agency shall give the	95413
facility written notice of the change in the amount of the fine.	95414
The change shall take effect on the date the follow-up or other	95415
subsequent survey is completed.	95416

If the department of health finds that a deficiency is a	95417
repeat deficiency, the department of ~~job and family services~~	95418
medicaid or contracting agency may impose a fine that is one	95419
hundred per cent greater than the fine specified in division (B)	95420
of this section for the deficiency.	95421

(E) The total amount of fines the department of ~~job and~~	95422
~~family services~~medicaid or contracting agency may impose on a	95423
facility in a single calendar year shall not exceed five hundred	95424
dollars for each licensed nursing home bed or certified bed,	95425
whichever is greater in number, in the facility.	95426

(F)(1) Except as provided in division (F)(2) of this section,	95427
the department of ~~job and family services~~medicaid or contracting	95428
agency shall not impose a fine under section ~~5111.46~~5165.72,	95429
~~5111.47~~5165.73, or ~~5111.48~~5165.74 of the Revised Code if the	95430
deficiency or cluster of deficiencies is substantially corrected	95431
within twenty days after the nursing facility receives the	95432
statement provided under division (B) of section ~~5111.49~~5165.75	95433
of the Revised Code. The department or agency shall inform the	95434
nursing facility in that statement that the fine will not be	95435
imposed if the deficiency or cluster of deficiencies is	95436
substantially corrected within the twenty-day period.	95437

(2) If a nursing facility has substantially corrected a	95438
deficiency or cluster of deficiencies within six months after the	95439
exit interview of a survey that was the basis for citing a	95440
deficiency or cluster of deficiencies, but after correcting it has	95441
been cited for the same deficiency or cluster of deficiencies by	95442
the department of health on the basis of a subsequent survey	95443
conducted during the remainder of the six-month period, the	95444
department of ~~job and family services~~medicaid or contracting	95445
agency may impose a fine beginning on the date of the exit	95446
interview of the subsequent survey.	95447

(G) Whenever a facility believes that it has completed	95448
implementation of the plan of correction it submitted under	95449
section ~~5111.43~~5165.69 of the Revised Code and substantially	95450
corrected the cited deficiency or cluster of deficiencies that is	95451
the basis for a fine, it may give written notice to that effect to	95452
the department of health. After receiving the notice, the	95453
department shall conduct a follow-up survey of the facility that	95454
focuses on the deficiency or cluster, unless the department is	95455
able to determine, on the basis of documentation provided by the	95456
facility, that the facility has substantially corrected the	95457
deficiency or cluster. If, based on the follow-up survey, the	95458
department establishes that the facility had not completed	95459
implementation of the plan of correction at the time the	95460
department received the notice, any fine based on the deficiency	95461
or cluster shall be doubled effective from the date the department	95462
received the notice. A facility that complies with this division	95463
shall not be considered to have admitted the existence of the	95464
deficiency or cluster that is the basis for the fine.	95465

(H) Except for a fine imposed under division (C) of section	95466
~~5111.46~~5165.72 of the Revised Code and as provided in division	95467
(F)(2) of this section, the department of ~~job and family services~~	95468
medicaid or contracting agency shall impose a fine only if the	95469
facility fails to give notice under division (G) of this section	95470
within twenty days after it receives the statement required by	95471
division (B) of section ~~5111.49~~5165.75 of the Revised Code or if	95472
the department of health determines, based on a follow-up survey,	95473
that the deficiency or cluster of deficiencies for which the fine	95474
is proposed has not been substantially corrected within the	95475
twenty-day period. The fine shall be imposed effective on the	95476
twenty-first day after the facility receives the statement under	95477
division (B) of section ~~5111.49~~5165.75 of the Revised Code. The	95478
fine shall remain in effect until the earliest of the following:	95479

(1) The date the department of health receives notice under	95480
division (G) of this section, unless the department determines, on	95481
the basis of a follow-up survey, that the deficiency or cluster of	95482
deficiencies that is the basis for the fine has not been	95483
substantially corrected as of that date;	95484

(2) The date on which the department of health makes a	95485
determination, on the basis of a follow-up survey, that the	95486
deficiency or cluster of deficiencies has been substantially	95487
corrected;	95488

(3) The date the facility substantially corrected the	95489
deficiency or cluster, as subsequently determined by the	95490
department of health on the basis of documentation provided by the	95491
facility.	95492

(I) Any fine imposed by the department of ~~job and family~~	95493
~~services~~medicaid or contracting agency under this section is	95494
subject to appeal under Chapter 119. of the Revised Code. If the	95495
facility does not request a hearing under Chapter 119. of the	95496
Revised Code and either pays or agrees in writing to pay the fine	95497
when payment becomes due under division (J) of this section, the	95498
department or agency shall reduce the fine by fifty per cent. The	95499
department or agency may compromise any claim for payment of a	95500
fine under sections ~~5111.35~~5165.60 to ~~5111.62~~5165.89 of the	95501
Revised Code.	95502

(J) The department of ~~job and family services~~medicaid or	95503
contracting agency shall collect interest on fines, at the rate	95504
per calendar month that equals one-twelfth of the rate per year	95505
prescribed by section 5703.47 of the Revised Code for the calendar	95506
year that includes the month for which the interest charge	95507
accrues. Payment of a fine is due, and interest begins to accrue	95508
on the unpaid fine or balance, on the thirty-first day after the	95509
department or agency issues a final adjudication order imposing	95510
the fine. If the deficiency or deficiencies on which the fine is	95511
based have not been corrected when the final adjudication order is	95512
issued, the payment is due, and interest begins to accrue on the	95513
unpaid fine or balance, on the thirty-first day after the	95514
deficiency or deficiencies are corrected and the department or	95515
agency mails a notice specifying the amount of the fine to the	95516
facility.	95517

(K) The department of ~~job and family services~~medicaid or	95518
contracting agency shall collect fines and interest imposed under	95519
this section through one of the following means:	95520

(1) A lump sum payment from the provider;

95521

(2) Periodic payments for a period not to exceed twelve	95522
months, in accordance with a schedule approved by the department	95523
or agency;	95524

(3) Appropriately reducing the amounts of medicaid payments	95525
made to the facility for ~~care~~nursing facility services provided	95526
to medicaid eligible residents for a period not to exceed twelve	95527
months following the date on which payment of the fine becomes due	95528
under division (J) of this section. An amount equal to the amount	95529
by which each payment is reduced shall be deposited to the credit	95530
of the residents protection fund in accordance with section	95531
~~5111.62~~5162.66 of the Revised Code.	95532

~~Sec. 5111.57.~~ Sec. 5165.84. (A) The department of ~~job and family~~	95533
~~services~~medicaid or a contracting agency shall issue an order	95534
denying ~~payment~~medicaid payments to a nursing facility for all	95535
medicaid eligible residents admitted to the facility on or after	95536
the effective date of the order, if the facility has failed to	95537
substantially correct within ninety days after the exit interview	95538
a deficiency or cluster of deficiencies in accordance with the	95539
plan of correction it submitted under section ~~5111.43~~5165.69 of	95540
the Revised Code, as determined by the department of health on the	95541
basis of a follow-up survey.	95542

(B) The department of ~~job and family services~~medicaid or	95543
contracting agency shall issue an order denying ~~payment~~medicaid	95544
payments to a nursing facility for all medicaid eligible residents	95545
admitted to the facility on or after the effective date of the	95546
order, if during three consecutive standard surveys conducted	95547
after December 13, 1990, the department of health has found a	95548
condition of substandard care in a facility.	95549

(C) An order issued under division (A) or (B) of this section	95550
shall take effect on the later of the date the facility receives	95551
the order or the date the public notice required under division	95552
(F) of section ~~5111.55~~5165.82 of the Revised Code is published.	95553
The order is subject to appeal under Chapter 119. of the Revised	95554
Code; however the order may take effect prior to or during the	95555
pendency of any hearing under that chapter. In that case, the	95556
department or agency shall provide the facility an opportunity for	95557
a hearing in accordance with section ~~5111.60~~5165.87 of the	95558
Revised Code.	95559

~~Sec. 5111.58.~~ Sec. 5165.85. (A) If a nursing facility notifies the	95560
department of ~~job and family services~~medicaid or a contracting	95561
agency, at any time during the six-month period following the exit	95562
interview of a survey that was the basis for citing a deficiency	95563
or deficiencies, that the deficiency or deficiencies have been	95564
substantially corrected in accordance with the plan of correction	95565
submitted and approved under section ~~5111.43~~5165.69 of the	95566
Revised Code, the department of health shall conduct a follow-up	95567
survey to determine whether the deficiency or deficiencies have	95568
been substantially corrected in accordance with the plan.	95569

(B) The department of ~~job and family services~~medicaid or a	95570
contracting agency shall terminate a nursing facility's	95571
participation in the ~~medical assistance~~medicaid program whenever	95572
the facility has not substantially corrected, within six months	95573
after the exit interview of the survey on the basis of which it	95574
was cited, a deficiency or deficiencies in accordance with the	95575
plan of correction submitted under section ~~5111.43~~5165.69 of the	95576
Revised Code, as determined by the department of health on the	95577
basis of a follow-up survey.	95578

(C) Unless the facility has substantially corrected the	95579
deficiency or deficiencies in accordance with the plan of	95580
correction, as determined by the department of health on the basis	95581
of a follow-up survey, the department of ~~job and family services~~	95582
medicaid or contracting agency shall deliver to the facility, at	95583
least thirty days prior to the day that is six months after the	95584
exit interview, a written order terminating the facility's	95585
participation in the ~~medical assistance~~medicaid program. The	95586
order shall take effect and the facility's participation shall	95587
terminate on the day that is six months after the exit interview.	95588
The order shall not take effect if, after it is delivered to the	95589
facility and prior to the effective date of the order, the	95590
department of health determines on the basis of a follow-up survey	95591
that the facility has corrected the deficiency or deficiencies.	95592

An order issued under this section is subject to appeal under	95593
Chapter 119. of the Revised Code; however, the order may take	95594
effect prior to or during the pendency of any hearing under that	95595
chapter. In that case, the department of ~~job and family services~~	95596
medicaid or contracting agency shall provide the facility an	95597
opportunity for a hearing in accordance with section ~~5111.60~~	95598
5165.87 of the Revised Code.	95599

(D) Except as provided in division (E) of this section,	95600
whenever the department of ~~job and family services~~medicaid or a	95601
contracting agency terminates a facility's participation in the	95602
~~medical assistance~~medicaid program pursuant to this section, the	95603
provider shall repay the department the federal share of all	95604
medicaid payments made by the department to the facility ~~under the~~	95605
~~medical assistance program~~ during the six-month period following	95606
the exit interview of the survey that was the basis for citing the	95607
deficiency or cluster of deficiencies. The provider shall repay	95608
the department within thirty days after the department repays to	95609
the federal government the federal share of medicaid payments made	95610
to the facility during that six-month period.	95611

(E) A provider is not required to repay the department of ~~job~~	95612
~~and family services~~medicaid if either of the following is the	95613
case:	95614

(1) The facility has brought an appeal under Chapter 119. of	95615
the Revised Code of termination of its participation in the	95616
~~medical assistance~~medicaid program, except that the provider	95617
shall repay the department of ~~job and family services~~medicaid	95618
within thirty days after the facility exhausts its right to appeal	95619
under that chapter.	95620

(2) The facility complied with the plan of correction	95621
approved by the department of health and the obligation to repay	95622
resulted from the department's failure to provide timely	95623
verification to the United States department of health and human	95624
services of the facility's compliance with the plan of correction.	95625

(F) If a provider's obligation to repay the department of ~~job~~	95626
~~and family services~~medicaid under division (D) of this section	95627
results from disallowance of federal financial participation by	95628
the United States department of health and human services, the	95629
provider shall not be required to repay the department of ~~job and~~	95630
~~family services~~medicaid until the federal disallowance becomes	95631
final.	95632

(G) Any fines paid under sections ~~5111.35~~5165.60 to ~~5111.62~~	95633
5165.89 of the Revised Code during any period for which the	95634
facility is required to repay the department of ~~job and family~~	95635
~~services~~medicaid under division (D) of this section shall be	95636
offset against the amount the provider is required to repay the	95637
department for that period.	95638

(H) Prior to a change of ownership of a facility for which a	95639
provider has an obligation to repay the department of ~~job and~~	95640
~~family services~~medicaid under division (D) of this section that	95641
has not become final, or has become final but not been paid, the	95642
department may do one or more of the following:	95643

(1) Require the provider to place money in escrow, or obtain	95644
a bond, in sufficient amount to indemnify the state against the	95645
provider's failure to repay the department after the change of	95646
ownership occurs;	95647

(2) Place a lien on the facility's real property;

95648

(3) Use any method to recover the medicaid payments that is	95649
available to the attorney general to recover payments on behalf of	95650
the department of ~~job and family services~~medicaid.	95651

~~Sec. 5111.59.~~ Sec. 5165.86. The department of ~~job and family~~	95652
~~services~~medicaid, the department of health, and any contracting	95653
agency shall deliver a written notice, statement, or order to a	95654
nursing facility under sections ~~5111.35~~5165.60 to ~~5111.41~~5165.66	95655
and ~~5111.43~~5165.69 to ~~5111.62~~5165.89 of the Revised Code by	95656
certified mail or hand delivery. If the notice, statement, or	95657
order is mailed, it shall be addressed to the administrator of the	95658
facility as indicated in the department's or agency's records. If	95659
it is hand delivered, it shall be delivered to a person at the	95660
facility who would appear to the average prudent person to have	95661
authority to accept it.	95662

Delivery of written notice by a nursing facility to the	95663
department of health, the department of ~~job and family services~~	95664
medicaid, or a contracting agency under sections ~~5111.35~~5165.60	95665
to ~~5111.62~~5165.89 of the Revised Code shall be by certified mail	95666
or hand delivery to the appropriate department or the agency.	95667

~~Sec. 5111.60.~~ Sec. 5165.87. (A) Except as provided in division (B)	95668
of this section, the following remedies are subject to appeal	95669
under Chapter 119. of the Revised Code:	95670

(1) An order issued under section ~~5111.45~~5165.71, ~~5111.46~~	95671
5165.72, ~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	95672
terminating a nursing facility's participation in the ~~medical~~	95673
~~assistance~~medicaid program;	95674

(2) Appointment of a temporary manager of a facility under	95675
division (A)(1)(b) or (2)(b) of section ~~5111.46~~5165.72, or	95676
division (A)(1)(d) of section ~~5111.51~~5165.77 of the Revised Code;	95677

(3) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	95678
5165.73, ~~5111.48~~5165.74, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of	95679
the Revised Code denying ~~payment~~medicaid payments to a facility	95680
~~under the medical assistance program~~ for all medicaid eligible	95681
residents admitted after the effective date of the order;	95682

(4) An order issued under section ~~5111.46~~5165.72, ~~5111.47~~	95683
5165.73, or ~~5111.48~~5165.74 of the Revised Code denying ~~payment~~	95684
medicaid payments to a facility ~~under the medical assistance~~	95685
~~program~~ for medicaid eligible residents admitted after the	95686
effective date of the order who have certain diagnoses or special	95687
care needs specified by the department or agency;	95688

(5) A fine imposed under section ~~5111.46~~5165.72, ~~5111.47~~	95689
5165.73, or ~~5111.48~~5165.74 of the Revised Code.	95690

(B) The department of ~~job and family services~~medicaid or	95691
contracting agency may do any of the following prior to or during	95692
the pendency of any proceeding under Chapter 119. of the Revised	95693
Code:	95694

(1) Issue and execute an order under section ~~5111.46~~5165.72,	95695
~~5111.51~~5165.77, or ~~5111.58~~5165.85 of the Revised Code	95696
terminating a nursing facility's participation in the ~~medical~~	95697
~~assistance~~medicaid program;	95698

(2) Appoint a temporary manager under division (A)(1)(b) or	95699
(2)(b) of section ~~5111.46~~5165.72 or division (A)(1)(d) of section	95700
~~5111.51~~5165.77 of the Revised Code;	95701

(3) Issue and execute an order under section ~~5111.46~~5165.72,	95702
~~5111.47~~5165.73, ~~5111.51~~5165.77, or ~~5111.57~~5165.84 of the	95703
Revised Code denying ~~payment~~medicaid payments to a facility for	95704
all medicaid eligible residents admitted after the effective date	95705
of the order;	95706

(4) Issue and execute an order under section ~~5111.46~~5165.72	95707
or ~~5111.47~~5165.73 or division (A), (B), or (C) of section	95708
~~5111.48~~5165.74 of the Revised Code denying ~~payment~~medicaid	95709
payments to a facility for medicaid eligible residents admitted	95710
after the effective date of the order who have specified diagnoses	95711
or special care needs.	95712

(C) Whenever the department or agency imposes a remedy listed	95713
in division (B) of this section prior to or during the pendency of	95714
a proceeding, all of the following apply:	95715

(1) The provider against whom the action is taken shall have	95716
ten days after the date the facility actually receives the notice	95717
specified in section 119.07 of the Revised Code to request a	95718
hearing.	95719

(2) The hearing shall commence within thirty days after the	95720
date the department or agency receives the provider's request for	95721
a hearing.	95722

(3) The hearing shall continue uninterrupted from day to day,	95723
except for Saturdays, Sundays, and legal holidays, unless other	95724
interruptions are agreed to by the provider and the department or	95725
agency.	95726

(4) If the hearing is conducted by a hearing examiner, the	95727
hearing examiner shall file a report and recommendations within	95728
ten days after the close of the hearing.	95729

(5) The provider shall have five days after the date the	95730
hearing officer files the report and recommendations within which	95731
to file objections to the report and recommendations.	95732

(6) Not later than fifteen days after the date the hearing	95733
officer files the report and recommendations, the medicaid	95734
director ~~of job and family services~~ or the director of the	95735
contracting agency shall issue an order approving, modifying, or	95736
disapproving the report and recommendations of the hearing	95737
examiner.	95738

(D) If the department or agency imposes more than one remedy	95739
as the result of deficiencies cited in a single survey, the	95740
proceedings for all of the remedies shall be consolidated. If any	95741
of the remedies are imposed during the pendency of a hearing, as	95742
permitted by division (B) of this section, the consolidated	95743
hearing shall be conducted in accordance with division (C) of this	95744
section. The consolidation of the remedies for purposes of a	95745
hearing does not affect the effective dates prescribed in sections	95746
~~5111.35~~5165.60 to ~~5111.58~~5168.85 of the Revised Code.	95747

(E) If a contracting agency conducts administrative	95748
proceedings pertaining to remedies imposed under sections ~~5111.35~~	95749
5165.60 to ~~5111.62~~5165.89 of the Revised Code, the department of	95750
~~job and family services~~medicaid shall not be considered a party	95751
to the proceedings.	95752

~~Sec. 5111.61.~~ Sec. 5165.88. (A)(1) Except as required by court	95753
order, as necessary for the administration or enforcement of any	95754
statute relating to nursing facilities, or as provided in division	95755
(C) of this section, the department of ~~job and family services~~	95756
medicaid and any contracting agency shall not release any of the	95757
following information without the permission of the individual or	95758
the individual's legal representative:	95759

(a) The identity of any resident of a nursing facility;

95760

(b) The identity of any individual who submits a complaint	95761
about a nursing facility;	95762

(c) The identity of any individual who provides the	95763
department or agency with information about a nursing facility and	95764
has requested confidentiality;	95765

(d) Any information that reasonably would tend to disclose	95766
the identity of any individual described in division (A)(1)(a) to	95767
(c) of this section.	95768

(2) An agency or individual to whom the department or	95769
contracting agency is required, by court order or for the	95770
administration or enforcement of a statute relating to nursing	95771
facilities, to release information described in division (A)(1) of	95772
this section shall not release the information without the	95773
permission of the individual who would be or would reasonably tend	95774
to be identified, or of the individual's legal representative,	95775
unless the agency or individual is required to release it by	95776
division (C) of this section, by court order, or for the	95777
administration or enforcement of a statute relating to nursing	95778
facilities.	95779

(B) Except as provided in division (C) of this section, any	95780
record that identifies an individual described in division (A)(1)	95781
of this section or that reasonably would tend to identify such an	95782
individual is not a public record for the purposes of section	95783
149.43 of the Revised Code, and is not subject to inspection and	95784
copying under section 1347.08 of the Revised Code.	95785

(C) If the department or a contracting agency, or an agency	95786
or individual to whom the department or contracting agency was	95787
required by court order or for administration or enforcement of a	95788
statute relating to nursing facilities to release information	95789
described in division (A)(1) of this section, uses information in	95790
any administrative or judicial proceeding against a facility that	95791
reasonably would tend to identify an individual described in	95792
division (A)(1) of this section, the department, agency, or	95793
individual shall disclose that information to the facility.	95794
However, the department, agency, or individual shall not disclose	95795
information that directly identifies an individual described in	95796
divisions (A)(1)(a) to (c) of this section, unless the individual	95797
is to testify in the proceedings.	95798

(D) No person shall knowingly register a false complaint	95799
about a nursing facility with the department or a contracting	95800
agency, or knowingly swear or affirm the truth of a false	95801
complaint, when the allegation is made for the purpose of	95802
incriminating another.	95803

~~Sec. 5111.63.~~ Sec. 5165.89. ~~For the purposes of this section,~~	95804
~~"facility," "medicare," and "medicaid" have the same meanings as~~	95805
~~in section 3721.10 of the Revised Code.~~	95806

The department of health shall be the designee of the	95807
department of ~~job and family services~~medicaid for the purpose of	95808
conducting a hearing pursuant to section 3721.162 of the Revised	95809
Code concerning a nursing facility's decision to transfer or	95810
discharge a resident if the resident is a medicaid recipient or	95811
medicare beneficiary.	95812

~~Sec. 5111.99.~~ Sec. 5165.99. (A) Whoever violates ~~division (B) of~~	95813
section ~~5111.26~~5165.102 or division (E) of section ~~5111.31~~	95814
5165.08 of the Revised Code shall be fined not less than five	95815
hundred dollars nor more than one thousand dollars for the first	95816
offense and not less than one thousand dollars nor more than five	95817
thousand dollars for each subsequent offense. Fines paid under	95818
this section shall be deposited in the state treasury to the	95819
credit of the general revenue fund.	95820

(B) Whoever violates division (D) of section ~~5111.61~~5165.88	95821
of the Revised Code is guilty of registering a false complaint, a	95822
misdemeanor of the first degree.	95823

Sec. 5166.01. As used in this chapter:

95824

"Administrative agency" means, with respect to a home and	95825
community-based services medicaid waiver component, the department	95826
of medicaid or, if a state agency or political subdivision	95827
contracts with the department under section 5162.35 of the Revised	95828
Code to administer the component, that state agency or political	95829
subdivision.	95830

"Dual eligible individual" has the same meaning as in section	95831
5160.01 of the Revised Code.	95832

"Home and community-based services medicaid waiver component"	95833
means a medicaid waiver component under which home and	95834
community-based services are provided as an alternative to	95835
hospital services, nursing facility services, or ICF/IID services.	95836

"Hospital" has the same meaning as in section 3727.01 of the	95837
Revised Code.	95838

"Hospital long-term care unit" has the same meaning as in	95839
section 5168.40 of the Revised Code.	95840

"ICDS participant" means a dual eligible individual who	95841
participates in the integrated care delivery system.	95842

"ICF/IID" and "ICF/IID services" have the same meanings as in	95843
section 5124.01 of the Revised Code.	95844

"Integrated care delivery system" and "ICDS" mean the	95845
demonstration project authorized by section 5164.91 of the Revised	95846
Code.	95847

"Level of care determination" means a determination of	95848
whether an individual needs the level of care provided by a	95849
hospital, nursing facility, or ICF/IID and whether the individual,	95850
if determined to need that level of care, would receive hospital	95851
services, nursing facility services, or ICF/IID services if not	95852
for a home and community-based services medicaid waiver component.	95853

"Medicaid services" has the same meaning as in section	95854
5164.01 of the Revised Code.	95855

"Medicaid waiver component" means a component of the medicaid	95856
program authorized by a waiver granted by the United States	95857
department of health and human services under the "Social Security	95858
Act," section 1115 or 1915, 42 U.S.C. 1315 or 1396n. "Medicaid	95859
waiver component" does not include a care management system	95860
established under section 5167.03 of the Revised Code.	95861

"Nursing facility" and "nursing facility services" have the	95862
same meanings as in section 5165.01 of the Revised Code.	95863

"Ohio home care waiver program" means the home and	95864
community-based services medicaid waiver component that is known	95865
as Ohio home care and was created pursuant to section 5166.11 of	95866
the Revised Code.	95867

"Ohio transitions II aging carve-out program" means the home	95868
and community-based services medicaid waiver component that is	95869
known as Ohio transitions II aging carve-out and was created	95870
pursuant to section 5166.11 of the Revised Code.	95871

"Provider agreement" has the same meaning as in section	95872
5164.01 of the Revised Code.	95873

"Residential treatment facility" means a residential facility	95874
licensed by the department of mental health and addiction services	95875
under section 5119.34 of the Revised Code, or an institution	95876
certified by the department of job and family services under	95877
section 5103.03 of the Revised Code, that serves children and	95878
either has more than sixteen beds or is part of a campus of	95879
multiple facilities or institutions that, combined, have a total	95880
of more than sixteen beds.	95881

"Skilled nursing facility" has the same meaning as in section	95882
5165.01 of the Revised Code.	95883

"Unified long-term services and support medicaid waiver	95884
component" means the medicaid waiver component authorized by	95885
section 5166.14 of the Revised Code.	95886

~~Sec. 5111.85.~~ Sec. 5166.02. (A) ~~As used in this section and~~	95887
~~sections 5111.851 to 5111.856 of the Revised Code:~~	95888

~~"Home and community-based services medicaid waiver component"~~	95889
~~means a medicaid waiver component under which home and~~	95890
~~community-based services are provided as an alternative to~~	95891
~~hospital, nursing facility, or intermediate care facility for the~~	95892
~~mentally retarded services.~~	95893

~~"Hospital" has the same meaning as in section 3727.01 of the~~	95894
~~Revised Code.~~	95895

~~"Intermediate care facility for the mentally retarded" has~~	95896
~~the same meaning as in section 5111.20 of the Revised Code.~~	95897

~~"Medicaid waiver component" means a component of the medicaid~~	95898
~~program authorized by a waiver granted by the United States~~	95899
~~department of health and human services under section 1115 or 1915~~	95900
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	95901
~~1315 or 1396n. "Medicaid waiver component" does not include a care~~	95902
~~management system established under section 5111.16 of the Revised~~	95903
~~Code.~~	95904

~~"Nursing facility" has the same meaning as in section 5111.20~~	95905
~~of the Revised Code.~~	95906

~~(B)~~ The medicaid director ~~of job and family services may~~	95907
shall adopt rules ~~under~~in accordance with Chapter 119. of the	95908
Revised Code governing medicaid waiver components ~~that~~. The rules	95909
may establish all of the following:	95910

(1) Eligibility requirements for the medicaid waiver	95911
components;	95912

(2) The type, amount, duration, and scope of medicaid	95913
services the medicaid waiver components ~~provide~~cover;	95914

(3) The conditions under which the medicaid waiver components	95915
cover medicaid services;	95916

(4) The ~~amount~~amounts the medicaid waiver components pay for	95917
medicaid services or the ~~method~~methods by which the ~~amount is~~	95918
amounts are determined;	95919

(5) The ~~manner~~manners in which the medicaid waiver	95920
components pay for medicaid services;	95921

(6) Safeguards for the health and welfare of medicaid	95922
recipients receiving medicaid services under a medicaid waiver	95923
component;	95924

(7) Procedures for prioritizing and approving for enrollment	95925
individuals who are eligible for a home and community-based	95926
services medicaid waiver component and choose to be enrolled in	95927
the component;	95928

(8) Procedures for enforcing the rules, including	95929
establishing corrective action plans for, and imposing financial	95930
and administrative sanctions on, persons and government entities	95931
that violate the rules. Sanctions shall include terminating	95932
~~medicaid~~ provider agreements. The procedures shall include due	95933
process protections.	95934

(9) Other policies necessary for the efficient administration	95935
of the medicaid waiver components.	95936

~~(C)~~(B) The director ~~of job and family services~~ may adopt	95937
different rules for the different medicaid waiver components. The	95938
rules shall be consistent with the terms of the waiver authorizing	95939
the medicaid waiver component.	95940

~~(D)~~(C) The following apply to procedures established under	95941
division ~~(B)~~(A)(7) of this section:	95942

(1) Any such procedures established for the medicaid-funded	95943
component of the PASSPORT program shall be consistent with section	95944
~~173.401~~173.521 of the Revised Code.	95945

(2) Any such procedures established for the medicaid-funded	95946
component of the assisted living program shall be consistent with	95947
section 173.542 of the Revised Code.	95948

(3) Any such procedures established for the Ohio home care	95949
waiver program shall be consistent with section ~~5111.862~~5166.121	95950
of the Revised Code.	95951

~~(3)~~(4) Any such procedures established for the unified	95952
long-term services and support medicaid waiver program shall be	95953
consistent with section ~~5111.865~~5166.141 of the Revised Code.	95954

~~(4) Any such procedures established for the medicaid-funded~~	95955
~~component of the assisted living program shall be consistent with~~	95956
~~section 5111.894 of the Revised Code.~~	95957

~~Sec. 5111.84.~~ Sec. 5166.03. The medicaid director ~~of job and family~~	95958
~~services~~ may not submit a request to the United States secretary	95959
of health and human services for a medicaid waiver under ~~section~~	95960
~~1115 of~~ the "Social Security Act ~~of 1935~~," section 1115, 42 U.S.C.	95961
1315, unless the director provides the speaker of the house of	95962
representatives and president of the senate written notice of the	95963
director's intent to submit the request at least ten days before	95964
the date the director submits the request to the United States	95965
secretary. The notice shall include a detailed explanation of the	95966
medicaid waiver the director proposes to seek.	95967

~~Sec. 5111.851.~~ Sec. 5166.04. ~~(A) As used in sections 5111.851 to~~	95968
~~5111.855 of the Revised Code:~~	95969

~~"Administrative agency" means, with respect to a home and~~	95970
~~community-based services medicaid waiver component, the department~~	95971
of ~~job and family services~~ or, if a state agency or political	95972
subdivision contracts with the ~~department~~ under section 5111.91	95973
of the Revised Code to administer the component, that state agency	95974
or political subdivision.	95975

~~"Level of care determination" means a determination of~~	95976
~~whether an individual needs the level of care provided by a~~	95977
~~hospital, nursing facility, or intermediate care facility for the~~	95978
~~mentally retarded and whether the individual, if determined to~~	95979
~~need that level of care, would receive hospital, nursing facility,~~	95980
or ~~intermediate care facility for the mentally retarded~~ services	95981
if not for a home and community-based services medicaid waiver	95982
component.	95983

~~"Medicaid buy-in for workers with disabilities program" means~~	95984
~~the component of the medicaid program established under sections~~	95985
~~5111.70 to 5111.7011 of the Revised Code.~~	95986

~~"Skilled nursing facility" means a facility certified as a~~	95987
~~skilled nursing facility under Title XVIII of the "Social Security~~	95988
~~Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.~~	95989

~~(B)~~ The following requirements apply to each home and	95990
community-based services medicaid waiver component:	95991

~~(1)~~(A) Only an individual who qualifies for a component shall	95992
receive that component's medicaid services.	95993

~~(2)~~(B) A level of care determination shall be made as part of	95994
the process of determining whether an individual qualifies for a	95995
component and shall be made each year after the initial	95996
determination if, during such a subsequent year, the	95997
administrative agency determines there is a reasonable indication	95998
that the individual's needs have changed.	95999

~~(3)~~(C) A written plan of care or individual service plan	96000
based on an individual assessment of the medicaid services that an	96001
individual needs to avoid needing admission to a hospital, nursing	96002
facility, or ~~intermediate care facility for the mentally retarded~~	96003
ICF/IID shall be created for each individual determined eligible	96004
for a component.	96005

~~(4)~~(D) Each individual determined eligible for a component	96006
shall receive that component's medicaid services in accordance	96007
with the individual's level of care determination and written plan	96008
of care or individual service plan.	96009

~~(5)~~(E) No individual may receive medicaid services under a	96010
component while the individual is a hospital inpatient or resident	96011
of a skilled nursing facility, nursing facility, or ~~intermediate~~	96012
~~care facility for the mentally retarded~~ICF/IID.	96013

~~(6)~~(F) No individual may receive prevocational, educational,	96014
or supported employment services under a component if the	96015
individual is eligible for such services that are funded with	96016
federal funds provided under 29 U.S.C. 730 or the "Individuals	96017
with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C.	96018
1400, as amended.	96019

~~(7)~~(G) Safeguards shall be taken to protect the health and	96020
welfare of individuals receiving medicaid services under a	96021
component, including safeguards established in rules adopted under	96022
section ~~5111.85~~5166.02 of the Revised Code and safeguards	96023
established by licensing and certification requirements that are	96024
applicable to the providers of that component's medicaid services.	96025

~~(8)~~(H) No medicaid services may be provided under a component	96026
by a provider that is subject to standards that the "Social	96027
Security Act," section 1616(e)(1), 42 U.S.C. 1382e(e)(1), requires	96028
be established if the provider fails to comply with the standards	96029
applicable to the provider.	96030

~~(9)~~(I) Individuals determined to be eligible for a component,	96031
or such individuals' representatives, shall be informed of that	96032
component's medicaid services, including any choices that the	96033
individual or representative may make regarding the component's	96034
medicaid services, and given the choice of either receiving	96035
medicaid services under that component or, as appropriate,	96036
hospital services, nursing facility services, or ~~intermediate care~~	96037
~~facility for the mentally retarded~~ICF/IID services.	96038

~~(10) No individual shall lose eligibility for services under~~	96039
~~a component, or have the services reduced or otherwise disrupted,~~	96040
~~on the basis that the individual also receives services under the~~	96041
~~medicaid buy-in for workers with disabilities program.~~	96042

~~(11) No individual shall lose eligibility for services under~~	96043
~~a component, or have the services reduced or otherwise disrupted,~~	96044
~~on the basis that the individual's income or resources increase to~~	96045
~~an amount above the eligibility limit for the component if the~~	96046
~~individual is participating in the medicaid buy-in for workers~~	96047
~~with disabilities program and the amount of the individual's~~	96048
~~income or resources does not exceed the eligibility limit for the~~	96049
~~medicaid buy-in for workers with disabilities program.~~	96050

~~(12) No individual receiving services under a component shall~~	96051
~~be required to pay any cost sharing expenses for the services for~~	96052
~~any period during which the individual also participates in the~~	96053
~~medicaid buy-in for workers with disabilities program.~~	96054

~~Sec. 5111.852.~~ Sec. 5166.05. The department of ~~job and family~~	96055
~~services~~medicaid may review and approve, modify, or deny written	96056
plans of care and individual service plans that section ~~5111.851~~	96057
5166.04 of the Revised Code requires be created for individuals	96058
determined eligible for a home and community-based services	96059
medicaid waiver component. If a state agency or political	96060
subdivision contracts with the department under section ~~5111.91~~	96061
5162.35 of the Revised Code to administer a home and	96062
community-based services medicaid waiver component and approves,	96063
modifies, or denies a written plan of care or individual service	96064
plan pursuant to the agency's or subdivision's administration of	96065
the component, the department may review the agency's or	96066
subdivision's approval, modification, or denial and order the	96067
agency or subdivision to reverse or modify the approval,	96068
modification, or denial. The state agency or political subdivision	96069
shall comply with the department's order.	96070

The department of ~~job and family services~~medicaid shall be	96071
granted full and immediate access to any records the department	96072
needs to implement its duties under this section.	96073

~~Sec. 5111.853.~~ Sec. 5166.06. Each administrative agency shall	96074
maintain, for a period of time the department of ~~job and family~~	96075
~~services~~medicaid shall specify, financial records documenting	96076
the costs of medicaid services provided under the home and	96077
community-based services medicaid waiver components that the	96078
agency administers, including records of independent audits. The	96079
administrative agency shall make the financial records available	96080
on request to the United States secretary of health and human	96081
services, United States comptroller general, and their designees.	96082

~~Sec. 5111.854.~~ Sec. 5166.07. Each administrative agency is	96083
financially accountable for funds expended for medicaid services	96084
~~provided under~~covered by the home and community-based services	96085
medicaid waiver components that the agency administers.	96086

~~Sec. 5111.855.~~ Sec. 5166.08. Each state agency and political	96087
subdivision that enters into a contract with the department of ~~job~~	96088
~~and family services~~medicaid under section ~~5111.91~~5162.35 of the	96089
Revised Code to administer a home and community-based services	96090
medicaid waiver component, or one or more aspects of such a	96091
component, shall provide the department a written assurance that	96092
the agency or subdivision will not violate any of the requirements	96093
of sections ~~5111.85~~5166.01 to ~~5111.854~~5166.07 of the Revised	96094
Code.	96095

~~Sec. 5111.856.~~ Sec. 5166.10. To the extent necessary for the	96096
efficient and economical administration of medicaid waiver	96097
components, the department of ~~job and family services~~medicaid may	96098
transfer an individual enrolled in a medicaid waiver component	96099
administered by the department to another medicaid waiver	96100
component the department administers if the individual is eligible	96101
for the medicaid waiver component and the transfer does not	96102
jeopardize the individual's health or safety.	96103

~~Sec. 5111.86.~~ Sec. 5166.11. (A) As used in this section:

96104

~~(1) "Hospital" has the same meaning as in section 3727.01 of~~	96105
~~the Revised Code.~~	96106

~~(2) "Medicaid waiver component" has the same meaning as in~~	96107
~~section 5111.85 of the Revised Code.~~	96108

~~(3) "Nursing facility" has the same meaning as in section~~	96109
~~5111.20 of the Revised Code.~~	96110

~~(4)~~, "Ohio home care program" means the program the	96111
department of ~~job and family services~~medicaid administers that	96112
provides state plan services and medicaid waiver component	96113
services pursuant to rules adopted ~~under sections 5111.01 and~~	96114
~~5111.02 of the Revised Code~~for the medicaid program and a	96115
medicaid waiver that went into effect July 1, 1998.	96116

(B) The ~~director~~department of ~~job and family services~~	96117
medicaid may ~~submit requests to the United States secretary of~~	96118
~~health and human services pursuant to section 1915 of the "Social~~	96119
~~Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended,~~	96120
~~to obtain waivers of federal medicaid requirements that would~~	96121
~~otherwise be violated in the creation and implementation of~~create	96122
and administer two or more medicaid waiver components under which	96123
home and community-based services are provided to eligible	96124
individuals who need the level of care provided by a nursing	96125
facility or hospital. In administering the ~~requests~~medicaid	96126
waiver components, the ~~director~~department may specify the	96127
following:	96128

(1) The maximum number of individuals who may be enrolled in	96129
each of the medicaid waiver components ~~included in the requests~~;	96130

(2) The maximum amount the medicaid program may expend each	96131
year for each individual enrolled in the medicaid waiver	96132
components;	96133

(3) The maximum amount the medicaid program may expend each	96134
year for all individuals enrolled in the medicaid waiver	96135
components;	96136

(4) Any other requirements the ~~director~~department selects	96137
for the medicaid waiver components.	96138

(C) ~~If the secretary approves the medicaid waivers requested~~	96139
~~under this section, the director may create and implement the~~	96140
~~medicaid waiver components in accordance with the provisions of~~	96141
~~the approved waivers. The department of job and family services~~	96142
~~shall administer the medicaid waiver components.~~	96143

(D) After the first of any of the medicaid waiver components	96144
~~created~~that the department administers under this section begins	96145
to enroll eligible individuals, the ~~director~~department may	96146
~~submit to the United States secretary of health and human services~~	96147
~~an amendment to a medicaid waiver component of the Ohio home care~~	96148
~~program authorizing the department to~~ cease ~~enrolling~~to enroll	96149
additional individuals in ~~that~~a medicaid waiver component of the	96150
Ohio home care program. ~~If the secretary approves the amendment,~~	96151
~~the director may cease to enroll additional individuals in that~~	96152
~~medicaid waiver component of the Ohio home care program.~~	96153

~~Sec. 5111.861.~~ Sec. 5166.12. (~~A) As used in this section:~~

96154

~~"Medicaid waiver component" has the same meaning as in~~	96155
~~section 5111.85 of the Revised Code.~~	96156

~~"Unified long-term services and support medicaid waiver~~	96157
~~component" means the medicaid waiver component authorized by~~	96158
~~section 5111.864 of the Revised Code.~~	96159

~~(B) Subject to division (C) of this section, there is hereby~~	96160
~~created the Ohio home care program. The program shall provide home~~	96161
~~and community-based services. The department of job and family~~	96162
~~services medicaid shall administer the program.~~	96163

~~(C)~~ If the unified long-term services and support medicaid	96164
waiver component is created, the departments of aging and ~~job and~~	96165
~~family services~~medicaid shall ~~work together~~collaborate to	96166
determine whether the Ohio home care waiver program should	96167
continue to operate as a separate medicaid waiver component or be	96168
terminated. If the departments determine that the Ohio home care	96169
waiver program should be terminated, the program shall cease to	96170
exist on a date the departments shall specify.	96171

~~Sec. 5111.862.~~ Sec. 5166.121. (A) ~~As used in this section:~~

96172

~~"Hospital long-term care unit" has the same meaning as in~~	96173
~~section 3721.50 of the Revised Code.~~	96174

~~"Nursing facility" has the same meaning as in section 5111.20~~	96175
~~of the Revised Code.~~	96176

~~"Ohio home care program" means the medicaid waiver component~~	96177
~~created under section 5111.861 of the Revised Code.~~	96178

~~"Residential treatment facility" means a residential facility~~	96179
~~licensed by the department of mental health under section 5119.22~~	96180
~~of the Revised Code, or an institution certified by the department~~	96181
~~of job and family services under section 5103.03 of the Revised~~	96182
~~Code, that serves children and either has more than sixteen beds~~	96183
~~or is part of a campus of multiple facilities or institutions~~	96184
~~that, combined, have a total of more than sixteen beds.~~	96185

~~(B) Subject to division (C) of~~Unless the Ohio home care	96186
waiver program is terminated pursuant to section ~~5111.861~~5165.12	96187
of the Revised Code, the department of ~~job and family services~~	96188
medicaid shall establish a home first component for the Ohio home	96189
care waiver program. An individual is eligible for the Ohio home	96190
care waiver program's home first component if the individual has	96191
been determined to be eligible for the Ohio home care waiver	96192
program and at least one of the following applies:	96193

(1) If the individual is under twenty-one years of age, the	96194
individual received inpatient hospital services for at least	96195
fourteen consecutive days, or had at least three inpatient	96196
hospital stays during the twelve months, immediately preceding the	96197
date the individual applies for the Ohio home care waiver program.	96198

(2) If the individual is at least twenty-one but less than	96199
sixty years of age, the individual received inpatient hospital	96200
services for at least fourteen consecutive days immediately	96201
preceding the date the individual applies for the Ohio home care	96202
waiver program.	96203

(3) The individual received private duty nursing services	96204
under the medicaid program for at least twelve consecutive months	96205
immediately preceding the date the individual applies for the Ohio	96206
home care waiver program.	96207

(4) The individual does not reside in a nursing facility or	96208
hospital long-term care unit at the time the individual applies	96209
for the Ohio home care waiver program but is at risk of imminent	96210
admission to a nursing facility or hospital long-term care unit	96211
due to a documented loss of a primary caregiver.	96212

(5) The individual resides in a nursing facility at the time	96213
the individual applies for the Ohio home care waiver program.	96214

(6) At the time the individual applies for the Ohio home care	96215
waiver program, the individual participates in the money follows	96216
the person demonstration project authorized by section 6071 of the	96217
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	96218
and either resides in a residential treatment facility or	96219
inpatient hospital setting.	96220

~~(C)~~(B) An individual determined to be eligible for the home	96221
first component of the Ohio home care waiver program shall be	96222
enrolled in the ~~Ohio home care~~ program in accordance with rules	96223
adopted under section ~~5111.85~~5166.02 of the Revised Code.	96224

~~Sec. 5111.863.~~ Sec. 5166.13. ~~(A) As used in this section:~~

96225

~~"Medicaid waiver component" has the same meaning as in~~	96226
~~section 5111.85 of the Revised Code.~~	96227

~~"Unified long-term services and support medicaid waiver~~	96228
~~component" means the medicaid waiver component authorized by~~	96229
~~section 5111.864 of the Revised Code.~~	96230

~~(B) Subject to division (C) of this section, there is hereby~~	96231
~~created the Ohio transitions II aging carve-out program. The~~	96232
~~program shall provide home and community-based services. The~~	96233
~~department of job and family services shall administer the~~	96234
~~program.~~	96235

~~(C)~~ If the unified long-term services and support medicaid	96236
waiver component is created, the departments of aging and ~~job and~~	96237
~~family services~~medicaid shall ~~work together~~collaborate to	96238
determine whether the Ohio transitions II aging carve-out program	96239
should continue to operate as a separate medicaid waiver component	96240
or be terminated. If the departments determine that the Ohio	96241
transitions II aging carve-out program should be terminated, the	96242
program shall cease to exist on a date the departments shall	96243
specify.	96244

~~Sec. 5111.864.~~ Sec. 5166.14. ~~(A) As used in this section:~~

96245

~~"Medicaid waiver component" has the same meaning as in~~	96246
~~section 5111.85 of the Revised Code.~~	96247

~~"Nursing facility" has the same meaning as in section 5111.20~~	96248
~~of the Revised Code.~~	96249

~~(B)~~ The ~~director~~department of ~~job and family services~~	96250
medicaid shall ~~submit a request to the United States secretary of~~	96251
~~health and human services pursuant to section 1915n of the "Social~~	96252
~~Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended,~~	96253
~~to obtain approval to~~ create a unified long-term services and	96254
support medicaid waiver component to provide home and	96255
community-based services to eligible individuals of any age who	96256
require the level of care provided by nursing facilities. The	96257
~~director~~department of ~~job and family services~~medicaid shall ~~work~~	96258
collaborate with the ~~director~~department of aging in ~~seeking~~	96259
~~approval of the unified long-term services and support medicaid~~	96260
~~waiver component and, if the approval is obtained, in~~ creating and	96261
implementing the component.	96262

~~If the request to create the unified long-term services and~~	96263
~~support medicaid waiver component is approved, the~~The medicaid	96264
director ~~of job and family services, working~~shall collaborate	96265
with the director of aging~~, shall adopt~~when adopting rules under	96266
section ~~5111.85~~5166.02 of the Revised Code to implement the	96267
component. ~~The rules may authorize the director of aging to adopt~~	96268
~~rules in accordance with Chapter 119. of the Revised Code~~	96269
~~governing aspects of the unified long-term services and support~~	96270
~~medicaid waiver component.~~	96271

~~Sec. 5111.865.~~ Sec. 5166.141. ~~(A) As used in this section,~~	96272
~~"unified long-term services and support medicaid waiver program"~~	96273
~~or "program" means the medicaid waiver component authorized by~~	96274
~~section 5111.864 of the Revised Code.~~	96275

~~(B) If the United States secretary of health and human~~	96276
~~services approves the request submitted under section 5111.864 of~~	96277
~~the Revised Code to create the unified long-term services and~~	96278
~~support medicaid waiver program, the~~The department of ~~job and~~	96279
~~family services~~medicaid shall establish a home first component	96280
for the unified long-term services and support medicaid waiver	96281
program. The home first component shall be similar to the home	96282
first component of the medicaid-funded component of the PASSPORT	96283
program established under section ~~173.401~~173.521 of the Revised	96284
Code, ~~the home first component of the Ohio home care program~~	96285
~~established under section 5111.862 of the Revised Code, and~~ the	96286
home first component of the medicaid-funded component of the	96287
assisted living program established under section ~~5111.894~~173.542	96288
of the Revised Code, and the home first component of the Ohio home	96289
care waiver program established under section 5166.121 of the	96290
Revised Code.	96291

Sec. 5166.16. (A) As used in this section, "ODA or MCD	96292
medicaid waiver component" means all of the following:	96293

(1) The medicaid-funded component of the PASSPORT program,	96294
unless it is terminated pursuant to division (C) of section 173.52	96295
of the Revised Code;	96296

(2) The choices program, unless it is terminated pursuant to	96297
division (B) of section 173.53 of the Revised Code;	96298

(3) The medicaid-funded component of the assisted living	96299
program, unless it is terminated pursuant to division (C) of	96300
section 173.54 of the Revised Code;	96301

(4) The Ohio home care waiver program, unless it is	96302
terminated pursuant to section 5166.12 of the Revised Code;	96303

(5) The Ohio transitions II aging carve-out program, unless	96304
it is terminated pursuant to section 5166.13 of the Revised Code.	96305

(B) The medicaid director may create a home and	96306
community-based services medicaid waiver component as part of the	96307
integrated care delivery system. If the ICDS medicaid waiver	96308
component is created, both of the following apply:	96309

(1) The department of medicaid shall administer it;

96310

(2) When it begins to accept enrollments, no ICDS participant	96311
who is eligible for the ICDS medicaid waiver component shall be	96312
enrolled in an ODA or MCD medicaid waiver component regardless of	96313
whether the participant prefers to remain or be enrolled in an ODA	96314
or MCD medicaid waiver component.	96315

(C) A dual eligible individual who is eligible for an ODA or	96316
MCD medicaid waiver component may enroll in the component before	96317
the individual becomes an ICDS participant. The dual eligible	96318
individual shall disenroll from the ODA or MCD medicaid waiver	96319
component and enroll in the ICDS medicaid waiver component once	96320
the individual becomes an ICDS participant and it is possible to	96321
enroll the individual in the ICDS medicaid waiver component. The	96322
disenrollment from the ODA or MCD medicaid waiver component and	96323
enrollment into the ICDS medicaid waiver component shall occur	96324
regardless of whether the individual prefers to remain enrolled in	96325
the ODA or MCD medicaid waiver component.	96326

(D) An ICDS participant's disenrollment from an ODA or MCD	96327
medicaid waiver component and enrollment in the ICDS medicaid	96328
waiver component resulting from division (B)(2) or (C) of this	96329
section shall be accomplished without a disruption in the	96330
participant's services under the components.	96331

~~Sec. 5111.87.~~ Sec. 5166.20. (A) ~~As used in this section and section~~	96332
~~5111.871 of the Revised Code:~~	96333

~~(1) "Intermediate care facility for the mentally retarded"~~	96334
~~has the same meaning as in section 5111.20 of the Revised Code.~~	96335

~~(2) "Medicaid waiver component" has the same meaning as in~~	96336
~~section 5111.85 of the Revised Code.~~	96337

~~(B)~~ The ~~director~~department of ~~job and family services~~	96338
medicaid may ~~apply to the United States secretary of health and~~	96339
~~human services for both of~~create the following:	96340

(1) One or more medicaid waiver components under which home	96341
and community-based services are provided to individuals with	96342
mental retardation or other developmental disability as an	96343
alternative to placement in ~~an intermediate care facility for the~~	96344
~~mentally retarded~~ICFs/IID;	96345

(2) One or more medicaid waiver components under which home	96346
and community-based services are provided in the form of any of	96347
the following:	96348

(a) Early intervention and supportive services for children	96349
under three years of age who have developmental delays or	96350
disabilities the ~~director~~department determines are significant;	96351

(b) Therapeutic services for children who have autism;

96352

(c) Specialized habilitative services for individuals who are	96353
eighteen years of age or older and have autism.	96354

~~(C)~~(B) No medicaid waiver component ~~authorized by~~created	96355
pursuant to division ~~(B)~~(A)(2)(b) or (c) of this section shall	96356
provide services that are available under another medicaid waiver	96357
component. No medicaid waiver component ~~authorized by~~created	96358
pursuant to division ~~(B)~~(A)(2)(b) of this section shall provide	96359
services to an individual that the individual is eligible to	96360
receive through an individualized education program as defined in	96361
section 3323.01 of the Revised Code.	96362

~~(D)~~(C) The director of developmental disabilities orand	96363
director of health may request that the ~~director~~department of ~~job~~	96364
~~and family services apply for~~medicaid create one or more medicaid	96365
~~waivers~~waiver components under this section.	96366

~~(E)~~(D) Before ~~applying for~~creating a medicaid waiver	96367
component under this section, the ~~director~~department of ~~job and~~	96368
~~family services~~medicaid shall seek, accept, and consider public	96369
comments.	96370

~~Sec. 5111.871.~~ Sec. 5166.21. The department of ~~job and family~~	96371
~~services~~medicaid shall enter into a contract with the department	96372
of developmental disabilities under section ~~5111.91~~5162.35 of the	96373
Revised Code with regard to one or more of the medicaid waiver	96374
components ~~established~~created by the department of ~~job and~~	96375
~~family services~~medicaid under section ~~5111.87~~5166.20 of the	96376
Revised Code. ~~Subject, if needed, to the approval of the United~~	96377
~~States secretary of health and human services, the~~The contract	96378
shall include the medicaid waiver component known as the	96379
transitions developmental disabilities waiver. The contract shall	96380
provide for the department of developmental disabilities to	96381
administer the components in accordance with the terms of the	96382
federal medicaid waivers authorizing the components. The contract	96383
shall include a schedule for the department of developmental	96384
disabilities to begin administering the transitions developmental	96385
disabilities waiver. ~~The directors of job and family services and~~	96386
~~developmental disabilities shall adopt rules in accordance with~~	96387
~~Chapter 119. of the Revised Code governing the components.~~	96388

If the department of developmental disabilities or the	96389
department of ~~job and family services~~medicaid denies an	96390
individual's application for home and community-based services	96391
provided under any of these medicaid components, the department	96392
that denied the services shall give timely notice to the	96393
individual that the individual may ~~request a hearing under~~appeal	96394
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	96395

The departments of developmental disabilities and ~~job and~~	96396
~~family services~~medicaid may approve, reduce, deny, or terminate a	96397
medicaid service included in the individualized service plan	96398
developed for a medicaid recipient eligible for home and	96399
community-based services provided under any of these medicaid	96400
components. The departments shall consider the recommendations a	96401
county board of developmental disabilities makes under division	96402
(A)(1)(c) of section 5126.055 of the Revised Code. If either	96403
department approves, reduces, denies, or terminates a medicaid	96404
service, that department shall give timely notice to the medicaid	96405
recipient that the recipient may ~~request a hearing under~~appeal	96406
pursuant to section ~~5101.35~~5160.31 of the Revised Code.	96407

If supported living, as defined in section 5126.01 of the	96408
Revised Code, is to be provided as a medicaid service under any of	96409
these components, any person or government entity with a current,	96410
valid ~~medicaid~~ provider agreement and a current, valid	96411
certificate under section 5123.161 of the Revised Code may provide	96412
the medicaid service.	96413

If a medicaid service is to be provided under any of these	96414
components by a residential facility, as defined in section	96415
5123.19 of the Revised Code, any person or government entity with	96416
a current, valid ~~medicaid~~ provider agreement and a current, valid	96417
license under section 5123.19 of the Revised Code may provide the	96418
medicaid service.	96419

~~Sec. 5111.872.~~ Sec. 5166.22. (A) Subject to division (B) of this	96420
section, when the department of developmental disabilities	96421
allocates enrollment numbers to a county board of developmental	96422
disabilities for home and community-based services specified in	96423
division ~~(B)~~(A)(1) of section ~~5111.87~~5166.20 of the Revised Code	96424
and provided under any of the medicaid waiver components that the	96425
department administers under section ~~5111.871~~5166.21 of the	96426
Revised Code, the department shall consider all of the following:	96427

(1) The number of individuals with mental retardation or	96428
other developmental disability who are on a waiting list the	96429
county board establishes under section 5126.042 of the Revised	96430
Code for those services and are given priority on the waiting	96431
list;	96432

(2) The implementation component required by division (A)(3)	96433
of section 5126.054 of the Revised Code of the county board's plan	96434
approved under section 5123.046 of the Revised Code;	96435

(3) Anything else the department considers necessary to	96436
enable county boards to provide those services to individuals in	96437
accordance with the priority requirements for waiting lists	96438
established under section 5126.042 of the Revised Code for those	96439
services.	96440

(B) Division (A) of this section applies to home and	96441
community-based services provided under the medicaid waiver	96442
component known as the transitions developmental disabilities	96443
waiver only to the extent, if any, provided by the contract	96444
required by section ~~5111.871~~5166.21 of the Revised Code regarding	96445
the ~~waiver~~component.	96446

~~Sec. 5111.873.~~ Sec. 5166.23. (A) Subject to division (D) of this	96447
section, the medicaid director ~~of job and family services~~ shall	96448
adopt rules ~~in accordance with Chapter 119.~~under section 5166.02	96449
of the Revised Code establishing the ~~amount of reimbursement~~	96450
payment amounts or the methods by which the payment amounts of	96451
~~reimbursement~~ are to be determined for home and community-based	96452
services specified in division ~~(B)~~(A)(1) of section ~~5111.87~~	96453
5166.20 of the Revised Code and provided under the components of	96454
the medicaid program that the department of developmental	96455
disabilities administers under section ~~5111.871~~5166.21 of the	96456
Revised Code. With respect to these rules, all of the following	96457
apply:	96458

(1) The rules shall establish procedures for the department	96459
of developmental disabilities to follow in arranging for the	96460
initial and ongoing collection of cost information from a	96461
comprehensive, statistically valid sample of persons and	96462
government entities providing the services at the time the	96463
information is obtained.	96464

(2) The rules shall establish procedures for the collection	96465
of consumer-specific information through an assessment instrument	96466
the department of developmental disabilities shall provide to the	96467
department of ~~job and family services~~medicaid.	96468

(3) With the information collected pursuant to divisions	96469
(A)(1) and (2) of this section, an analysis of that information,	96470
and other information the director determines relevant, the rules	96471
shall establish ~~reimbursement~~payment standards that do all of the	96472
following:	96473

(a) Assure that ~~reimbursement is~~payment amounts are	96474
consistent with efficiency, economy, and quality of care;	96475

(b) Consider the intensity of consumer resource need;

96476

(c) Recognize variations in different geographic areas	96477
regarding the resources necessary to assure the health and welfare	96478
of consumers;	96479

(d) Recognize variations in environmental supports available	96480
to consumers.	96481

(B) As part of the process of adopting rules ~~under~~authorized	96482
by this section, the director shall consult with the director of	96483
developmental disabilities, representatives of county boards of	96484
developmental disabilities, persons who provide the home and	96485
community-based services, and other persons and government	96486
entities the director identifies.	96487

(C) The ~~directors of job and family services~~medicaid	96488
director and director of developmental disabilities shall review	96489
the rules ~~adopted under~~authorized by this section at times they	96490
determine are necessary to ensure that the ~~amount of reimbursement~~	96491
payment amounts or the methods by which the payment amounts of	96492
~~reimbursement~~ are to be determined continue to meet the	96493
~~reimbursement~~payment standards established under division (A)(3)	96494
of this section.	96495

(D) This section applies to home and community-based services	96496
provided under the medicaid waiver component known as the	96497
transitions developmental disabilities waiver only to the extent,	96498
if any, provided by the contract required by section ~~5111.871~~	96499
5166.21 of the Revised Code regarding the ~~waiver~~component.	96500

~~Sec. 5111.88.~~ Sec. 5166.30. (A) As used in sections ~~5111.88~~	96501
5166.30 to ~~5111.8811~~5166.3010 of the Revised Code:	96502

(1) "Adult" means an individual at least eighteen years of	96503
age.	96504

(2) "Appropriate director" means the following:

96505

(a) The medicaid director in the context of all of the	96506
following:	96507

(i) The Ohio home care waiver program, unless it is	96508
terminated pursuant to section 5166.12 of the Revised Code;	96509

(ii) The Ohio transitions II aging carve-out program, unless	96510
it is terminated pursuant to section 5166.13 of the Revised Code;	96511

(iii) The integrated care delivery system medicaid waiver	96512
component authorized by section 5166.16 of the Revised Code.	96513

(b) The director of aging in the context of the	96514
medicaid-funded component of the PASSPORT program, unless it is	96515
terminated pursuant to division (C) of section 173.52 of the	96516
Revised Code.	96517

(3) "Authorized representative" means the following:

96518

(a) In the case of a consumer who is a minor, the consumer's	96519
parent, custodian, or guardian;	96520

(b) In the case of a consumer who is an adult, an individual	96521
selected by the consumer pursuant to section ~~5111.8810~~5166.3010	96522
of the Revised Code to act on the consumer's behalf for purposes	96523
regarding home care attendant services.	96524

~~(3)~~(4) "Authorizing health care professional" means a health	96525
care professional who, pursuant to section ~~5111.887~~5166.307 of	96526
the Revised Code, authorizes a home care attendant to assist a	96527
consumer with self-administration of medication, nursing tasks, or	96528
both.	96529

~~(4)~~(5) "Consumer" means an individual to whom all of the	96530
following apply:	96531

(a) The individual is enrolled in a participating medicaid	96532
waiver component.	96533

(b) The individual has a medically determinable physical	96534
impairment to which both of the following apply:	96535

(i) It is expected to last for a continuous period of not	96536
less than twelve months.	96537

(ii) It causes the individual to require assistance with	96538
activities of daily living, self-care, and mobility, including	96539
either assistance with self-administration of medication or the	96540
performance of nursing tasks, or both.	96541

(c) In the case of an individual who is an adult, the	96542
individual is mentally alert and is, or has an authorized	96543
representative who is, capable of selecting, directing the actions	96544
of, and dismissing a home care attendant.	96545

(d) In the case of an individual who is a minor, the	96546
individual has an authorized representative who is capable of	96547
selecting, directing the actions of, and dismissing a home care	96548
attendant.	96549

~~(5)~~(6) "Controlled substance" has the same meaning as in	96550
section 3719.01 of the Revised Code.	96551

~~(6)~~(7) "Custodian" has the same meaning as in section	96552
2151.011 of the Revised Code.	96553

~~(7)~~(8) "Gastrostomy tube" means a percutaneously inserted	96554
catheter that terminates in the stomach.	96555

~~(8)~~(9) "Guardian" has the same meaning as in section 2111.01	96556
of the Revised Code.	96557

~~(9)~~(10) "Health care professional" means a physician or	96558
registered nurse.	96559

~~(10)~~(11) "Home care attendant" means an individual holding a	96560
valid ~~medicaid~~ provider agreement in accordance with section	96561
~~5111.881~~5166.301 of the Revised Code that authorizes the	96562
individual to provide home care attendant services to consumers.	96563

~~(11)~~(12) "Home care attendant services" means all of the	96564
following as provided by a home care attendant:	96565

(a) Personal care aide services;

96566

(b) Assistance with the self-administration of medication;

96567

96568

~~(12)~~(13) "Jejunostomy tube" means a percutaneously inserted	96569
catheter that terminates in the jejunum.	96570

~~(13) "Medicaid waiver component" has the same meaning as in~~	96571
~~section 5111.85 of the Revised Code.~~	96572

(14) "Medication" means a drug as defined in section 4729.01	96573
of the Revised Code.	96574

(15) "Minor" means an individual under eighteen years of age.

96575

(16) "Participating medicaid waiver component" means ~~both~~	96576
all of the following:	96577

(a) The medicaid-funded component of the PASSPORT program,	96578
unless it is terminated pursuant to division (C) of section 173.52	96579
of the Revised Code;	96580

(b) The Ohio home care waiver program ~~created under~~, unless	96581
it is terminated pursuant to section ~~5111.861~~5166.12 of the	96582
Revised Code;	96583

~~(b)~~(c) The Ohio transitions II aging carve-out program	96584
~~created under~~, unless it is terminated pursuant to section	96585
~~5111.863~~5166.13 of the Revised Code;	96586

(d) The integrated care delivery system medicaid waiver	96587
component authorized by section 5166.16 of the Revised Code.	96588

(17) "Physician" means an individual authorized under Chapter	96589
4731. of the Revised Code to practice medicine and surgery or	96590
osteopathic medicine and surgery.	96591

(18) "Practice of nursing as a registered nurse," "practice	96592
of nursing as a licensed practical nurse," and "registered nurse"	96593
have the same meanings as in section 4723.01 of the Revised Code.	96594
"Registered nurse" includes an advanced practice registered nurse,	96595
as defined in section 4723.01 of the Revised Code.	96596

(19) "Schedule II," "schedule III," "schedule IV," and	96597
"schedule V" have the same meanings as in section 3719.01 of the	96598
Revised Code.	96599

(B) ~~The director of job and family services may submit~~	96600
~~requests to the United States secretary of health and human~~	96601
~~services to amend the federal medicaid waivers authorizing the~~	96602
~~participating~~Participating medicaid waiver components ~~to have~~	96603
~~those components~~may cover home care attendant services in	96604
accordance with sections ~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 of	96605
the Revised Code and rules adopted under section ~~5111.8811~~5166.02	96606
of the Revised Code. ~~Notwithstanding sections 5111.881 to~~	96607
~~5111.8811 of the Revised Code, those sections shall be implemented~~	96608
~~regarding a participating medicaid waiver component only if the~~	96609
~~secretary approves a waiver amendment for the component.~~	96610

~~Sec. 5111.881.~~ Sec. 5166.301. The medicaid director ~~of job and~~	96611
~~family services~~ shall enter into a ~~medicaid~~ provider agreement	96612
with an individual to authorize the individual to provide home	96613
care attendant services to consumers if the individual does both	96614
of the following:	96615

(A) Agrees to comply with the requirements of sections	96616
~~5111.88~~5166.30 to ~~5111.8810~~5166.3010 and rules adopted under	96617
section ~~5111.8811~~5166.02 of the Revised Code;	96618

(B) Provides the director evidence satisfactory to the	96619
director of all of the following:	96620

(1) That the individual either meets the personnel	96621
qualifications specified in 42 C.F.R. 484.4 for home health aides	96622
or has successfully completed at least one of the following:	96623

(a) A competency evaluation program or training and	96624
competency evaluation program approved or conducted by the	96625
director of health under section 3721.31 of the Revised Code;	96626

(b) A training program approved by the ~~department of job and~~	96627
~~family services~~appropriate director that includes training in at	96628
least all of the following and provides training equivalent to a	96629
training and competency evaluation program specified in division	96630
(B)(1)(a) of this section or meets the requirements of 42 C.F.R.	96631
484.36(a):	96632

(i) Basic home safety;

96633

(ii) Universal precautions for the prevention of disease	96634
transmission, including hand-washing and proper disposal of bodily	96635
waste and medical instruments that are sharp or may produce sharp	96636
pieces if broken;	96637

(iii) Personal care aide services;

96638

(iv) The labeling, counting, and storage requirements for	96639
schedule II, III, IV, and V medications.	96640

(2) That the individual has obtained a certificate of	96641
completion of a course in first aid from a first aid course to	96642
which all of the following apply:	96643

(a) It is not provided solely through the internet.

96644

(b) It includes hands-on training provided by a first aid	96645
instructor who is qualified to provide such training according to	96646
standards set in rules adopted under section ~~5111.8811~~5166.02 of	96647
the Revised Code.	96648

(c) It requires the individual to demonstrate successfully	96649
that the individual has learned the first aid taught in the	96650
course.	96651

(3) That the individual meets any other requirements for the	96652
medicaid provider agreement specified in rules adopted under	96653
section ~~5111.8811~~5166.02 of the Revised Code.	96654

~~Sec. 5111.882.~~ Sec. 5166.302. A home care attendant shall complete	96655
not less than twelve hours of in-service continuing education	96656
regarding home care attendant services each year and provide the	96657
appropriate director ~~of job and family services~~ evidence	96658
satisfactory to the appropriate director that the attendant	96659
satisfied this requirement. The evidence shall be submitted to the	96660
appropriate director not later than the annual anniversary of the	96661
issuance of the home care attendant's initial ~~medicaid~~ provider	96662
agreement.	96663

~~Sec. 5111.883.~~ Sec. 5166.303. A home care attendant shall do all	96664
of the following:	96665

(A) Maintain a clinical record for each consumer to whom the	96666
attendant provides home care attendant services in a manner that	96667
protects the consumer's privacy;	96668

(B) Participate in a face-to-face visit every ninety days	96669
with all of the following to monitor the health and welfare of	96670
each of the consumers to whom the attendant provides home care	96671
attendant services:	96672

(1) The consumer;

96673

(2) The consumer's authorized representative, if any;

96674

(3) A registered nurse who agrees to answer any questions	96675
that the attendant, consumer, or authorized representative has	96676
about consumer care needs, medications, and other issues.	96677

(C) Document the activities of each visit required by	96678
division (B) of this section in the consumer's clinical record	96679
with the assistance of the registered nurse.	96680

~~Sec. 5111.884.~~ Sec. 5166.304. (A) A home care attendant may assist	96681
a consumer with nursing tasks or self-administration of medication	96682
only after the attendant does both of the following:	96683

(1) Subject to division (B) of this section, completes	96684
consumer-specific training in how to provide the assistance that	96685
the authorizing health care professional authorizes the attendant	96686
to provide to the consumer;	96687

(2) At the request of the consumer, consumer's authorized	96688
representative, or authorizing health care professional,	96689
successfully demonstrates that the attendant has learned how to	96690
provide the authorized assistance to the consumer.	96691

(B) The training required by division (A)(1) of this section	96692
shall be provided by either of the following:	96693

(1) The authorizing health care professional;

96694

(2) The consumer or consumer's authorized representative in	96695
cooperation with the authorizing health care professional.	96696

~~Sec. 5111.885.~~ Sec. 5166.305. A home care attendant shall comply	96697
with both of the following when assisting a consumer with nursing	96698
tasks or self-administration of medication:	96699

(A) The written consent of the consumer or consumer's	96700
authorized representative provided to the appropriate director of	96701
~~job and family services~~ under section ~~5111.886~~5166.306 of the	96702
Revised Code;	96703

(B) The authorizing health care professional's written	96704
authorization provided to the appropriate director under section	96705
~~5111.887~~5166.307 of the Revised Code.	96706

~~Sec. 5111.886.~~ Sec. 5166.306. To consent to a home care attendant	96707
assisting a consumer with nursing tasks or self-administration of	96708
medication, the consumer or consumer's authorized representative	96709
shall provide the appropriate director ~~of job and family services~~	96710
a written statement signed by the consumer or authorized	96711
representative under which the consumer or authorized	96712
representative consents to both of the following:	96713

(A) Having the attendant assist the consumer with nursing	96714
tasks or self-administration of medication;	96715

(B) Assuming responsibility for directing the attendant when	96716
the attendant assists the consumer with nursing tasks or	96717
self-administration of medication.	96718

~~Sec. 5111.887.~~ Sec. 5166.307. To authorize a home care attendant	96719
to assist a consumer with nursing tasks or self-administration of	96720
medication, a health care professional shall provide the	96721
appropriate director ~~of job and family services~~ a written	96722
statement signed by the health care professional that includes all	96723
of the following:	96724

(A) The consumer's name and address;

96725

(B) A description of the nursing tasks or self-administration	96726
of medication with which the attendant is to assist the consumer,	96727
including, in the case of assistance with self-administration of	96728
medication, the name and dosage of the medication;	96729

(C) The times or intervals when the attendant is to assist	96730
the consumer with the self-administration of each dosage of the	96731
medication or nursing tasks;	96732

(D) The dates the attendant is to begin and cease providing	96733
the assistance;	96734

(E) A list of severe adverse reactions the attendant must	96735
report to the health care professional should the consumer	96736
experience one or more of the reactions;	96737

(F) At least one telephone number at which the attendant can	96738
reach the health care professional in an emergency;	96739

(G) Instructions the attendant is to follow when assisting	96740
the consumer with nursing tasks or self-administration of	96741
medication, including instructions for maintaining sterile	96742
conditions and for storage of task-related equipment and supplies;	96743

(H) The health care professional's attestation of both of the	96744
following:	96745

(1) That the consumer or consumer's authorized representative	96746
has demonstrated to the health care professional the ability to	96747
direct the attendant;	96748

(2) That the attendant has demonstrated to the health care	96749
professional the ability to provide the consumer assistance with	96750
nursing tasks or self-administration of medication that the health	96751
care professional has specifically authorized the attendant to	96752
provide and that the consumer or consumer's authorized	96753
representative has indicated to the health care professional that	96754
the consumer or authorized representative is satisfied with the	96755
attendant's demonstration.	96756

~~Sec. 5111.888.~~ Sec. 5166.308. When authorizing a home care	96757
attendant to assist a consumer with nursing tasks or	96758
self-administration of medication, a health care professional may	96759
not authorize a home care attendant to do any of the following:	96760

(A) Perform a task that is outside of the health care	96761
professional's scope of practice;	96762

(B) Assist the consumer with the self-administration of a	96763
medication, including a schedule II, schedule III, schedule IV, or	96764
schedule V drug unless both of the following apply:	96765

(1) The medication is administered orally, topically, or via	96766
a gastrostomy tube or jejunostomy tube, including through any of	96767
the following:	96768

(a) In the case of an oral medication, a metered dose	96769
inhaler;	96770

(b) In the case of a topical medication, including a	96771
transdermal medication, either of the following:	96772

(i) An eye, ear, or nose drop or spray;

96773

(ii) A vaginal or rectal suppository.

96774

(c) In the case of a gastrostomy tube or jejunostomy tube,	96775
only through a pre-programmed pump.	96776

(2) The medication is in its original container and the label	96777
attached to the container displays all of the following:	96778

(a) The consumer's full name in print;

96779

(b) The medication's dispensing date, which must not be more	96780
than twelve months before the date the attendant assists the	96781
consumer with self-administration of the medication;	96782

(c) The exact dosage and means of administration that match	96783
the health care professional's authorization to the attendant.	96784

(C) Assist the consumer with the self-administration of a	96785
schedule II, schedule III, schedule IV, or schedule V medication	96786
unless, in addition to meeting the requirements of division (B) of	96787
this section, all of the following apply:	96788

(1) The medication has a warning label on its container.

96789

(2) The attendant counts the medication in the consumer's or	96790
authorized representative's presence when the medication is	96791
administered to the consumer and records the count on a form used	96792
for the count as specified in rules adopted under section	96793
~~5111.8811~~5166.02 of the Revised Code.	96794

(3) The attendant recounts the medication in the consumer's	96795
or authorized representative's presence at least monthly and	96796
reconciles the recount on a log located in the consumer's clinical	96797
record.	96798

(4) The medication is stored separately from all other	96799
medications and is secured and locked at all times when not being	96800
administered to the consumer to prevent unauthorized access.	96801

(D) Perform an intramuscular injection;

96802

(E) Perform a subcutaneous injection unless it is for a	96803
routine dose of insulin;	96804

(F) Program a pump used to deliver a medication unless the	96805
pump is used to deliver a routine dose of insulin;	96806

(G) Insert, remove, or discontinue an intravenous access	96807
device;	96808

(H) Engage in intravenous medication administration;

96809

(I) Insert or initiate an infusion therapy;

96810

(J) Perform a central line dressing change.

96811

~~Sec. 5111.889.~~ Sec. 5166.309. A home care attendant who provides	96812
home care attendant services to a consumer in accordance with the	96813
authorizing health care professional's authorization does not	96814
engage in the practice of nursing as a registered nurse or in the	96815
practice of nursing as a licensed practical nurse in violation of	96816
section 4723.03 of the Revised Code.	96817

A consumer or the consumer's authorized representative shall	96818
report to the appropriate director ~~of job and family services~~ if a	96819
home care attendant engages in the practice of nursing as a	96820
registered nurse or the practice of nursing as a licensed	96821
practical nurse beyond the authorizing health care professional's	96822
authorization. The appropriate director shall forward a copy of	96823
each report to the board of nursing.	96824

~~Sec. 5111.8810.~~ Sec. 5166.3010. A consumer who is an adult may	96825
select an individual to act on the consumer's behalf for purposes	96826
regarding home care attendant services by submitting a written	96827
notice of the consumer's selection of an authorized representative	96828
to the appropriate director ~~of job and family services~~. The	96829
notice shall specifically identify the individual the consumer	96830
selects as authorized representative and may limit what the	96831
authorized representative may do on the consumer's behalf	96832
regarding home care attendant services. A consumer may not select	96833
the consumer's home care attendant to be the consumer's authorized	96834
representative.	96835

~~Sec. 5111.97.~~ Sec. 5166.35. (A) ~~As used in this section:~~

96836

~~(1) "Home and community-based services medicaid waiver~~	96837
~~component" has the same meaning as in section 5111.85 of the~~	96838
~~Revised Code.~~	96839

~~(2) "Nursing facility" has the same meaning as in section~~	96840
~~5111.20 of the Revised Code.~~	96841

~~(B) To the extent funds are available, the~~The medicaid	96842
director ~~of job and family services~~ may establish the Ohio access	96843
success project to help medicaid recipients make the transition	96844
from residing in a nursing ~~facility~~facilities to residing in a	96845
community ~~setting~~settings. The project may be established as a	96846
separate nonmedicaid program or integrated into a new or existing	96847
home and community-based services medicaid waiver component. The	96848
director shall permit any medicaid recipient ~~of medicaid-funded~~	96849
receiving nursing facility services to apply for participation in	96850
the project, but may limit the number of project participants.	96851

The director shall ensure that an assessment of an applicant	96852
is conducted as soon as practicable to determine whether the	96853
applicant is eligible for participation in the project. To the	96854
maximum extent possible, the assessment and eligibility	96855
determination shall be completed not later than the date that	96856
occurs six months after the applicant ~~became a recipient of~~	96857
~~medicaid-funded~~begins to receive nursing facility services.	96858

~~(C)~~(B) To be eligible for benefits under the project, a	96859
medicaid recipient must satisfy all of the following requirements:	96860

(1) The medicaid recipient must be ~~a recipient of~~	96861
~~medicaid-funded~~receiving nursing facility services, at the time	96862
of applying for the project benefits.	96863

(2) If the project is established as a nonmedicaid program,	96864
the medicaid recipient must be able to remain in the community as	96865
a result of receiving project benefits and the projected cost of	96866
the benefits to the project does not exceed eighty per cent of the	96867
average monthly medicaid cost of a medicaid recipient in a nursing	96868
facility.	96869

(3) If the project is integrated into a home and	96870
community-based services medicaid waiver component, the medicaid	96871
recipient must meet the waiver component's enrollment criteria.	96872

~~(D)~~(C) If the director establishes the Ohio access success	96873
project, the benefits provided under the project may include	96874
payment of all of the following:	96875

(1) The first month's rent in a community setting;

96876

(2) Rental deposits;

96877

(3) Utility deposits;

96878

(4) Moving expenses;

96879

(5) Other expenses not covered by the medicaid program that	96880
facilitate a medicaid recipient's move from a nursing facility to	96881
a community setting.	96882

~~(E)~~(D) If the project is established as a nonmedicaid	96883
program, no participant may receive more than two thousand	96884
dollars' worth of benefits under the project.	96885

~~(F)~~(E) If the department of ~~job and family services~~medicaid	96886
enters into a contract with an entity to provide fiscal management	96887
services regarding the project, the contract may provide for a	96888
portion of a participant's benefits under the project to be paid	96889
to the contracting entity. The contract shall specify the portion	96890
to be paid to the contracting entity.	96891

~~(G) The director may submit a request to the United States~~	96892
~~secretary of health and human services pursuant to section 1915 of~~	96893
~~the "Social Security Act," 95 Stat. 809 (1981), 42 U.S.C. 1396n,~~	96894
~~as amended, to create a home and community-based services medicaid~~	96895
~~waiver component to serve individuals who meet the criteria for~~	96896
~~participation in the Ohio access success project.~~	96897

~~(H)~~(F) The director may adopt rules in accordance with	96898
Chapter 119. of the Revised Code for the administration and	96899
operation of the project. If the project is integrated into a home	96900
and community-based services medicaid waiver component, the rules	96901
shall be adopted under section ~~5111.85~~5166.02 of the Revised	96902
Code.	96903

Sec. 5167.01. As used in this chapter:

96904

(A) "Controlled substance" has the same meaning as in section	96905
3719.01 of the Revised Code.	96906

(B) "Dual eligible individual" has the same meaning as in	96907
section 5160.01 of the Revised Code.	96908

(C) "Emergency services" has the same meaning as in the	96909
"Social Security Act," section 1932(b)(2), 42 U.S.C.	96910
1396u-2(b)(2).	96911

(D) "Home and community-based services medicaid waiver	96912
component" has the same meaning as in section 5166.01 of the	96913
Revised Code.	96914

(E) "Medicaid managed care organization" means a managed care	96915
organization under contract with the department of medicaid	96916
pursuant to section 5167.10 of the Revised Code.	96917

(F) "Medicaid waiver component" has the same meaning as in	96918
section 5166.01 of the Revised Code.	96919

(G) "Nursing facility" has the same meaning as in section	96920
5165.01 of the Revised Code.	96921

(H) "Provider" means any person or government entity that	96922
furnishes emergency services to a medicaid recipient enrolled in a	96923
medicaid managed care organization, regardless of whether the	96924
person or entity has a provider agreement.	96925

(I) "Provider agreement" has the same meaning as in section	96926
5164.01 of the Revised Code.	96927

Sec. 5167.02. The medicaid director shall adopt rules as	96928
necessary to implement this chapter. The rules shall be adopted in	96929
accordance with Chapter 119. of the Revised Code.	96930

~~Sec. 5111.16.~~ Sec. 5167.03. (A) As part of the medicaid program,	96931
the department of ~~job and family services~~medicaid shall establish	96932
a care management system. ~~The department shall submit, if~~	96933
~~necessary, applications to the United States department of health~~	96934
~~and human services for waivers of federal medicaid requirements~~	96935
~~that would otherwise be violated in the implementation of the~~	96936
~~system.~~	96937

(B) The department shall implement the care management system	96938
in some or all counties and shall designate the medicaid	96939
recipients who are required or permitted to participate in the	96940
system. In the department's implementation of the system and	96941
designation of participants, all of the following apply:	96942

(1) In the case of individuals who receive medicaid on the	96943
basis of being included in the category identified by the	96944
department as covered families and children, the department shall	96945
implement the care management system in all counties. All	96946
individuals included in the category shall be designated for	96947
participation, except for individuals included in one or more of	96948
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	96949
The department shall ensure that all participants are enrolled in	96950
medicaid managed care organizations that are health insuring	96951
corporations ~~under contract with the department pursuant to~~	96952
~~section 5111.17 of the Revised Code~~.	96953

(2) In the case of individuals who receive medicaid on the	96954
basis of being aged, blind, or disabled, ~~as specified in division~~	96955
~~(C)(2) of section 5111.01 of the Revised Code,~~ the department	96956
shall implement the care management system in all counties. Except	96957
as provided in division (C) of this section, all individuals	96958
included in the category shall be designated for participation.	96959
The department shall ensure that all participants are enrolled in	96960
medicaid managed care organizations that are health insuring	96961
corporations ~~under contract with the department pursuant to~~	96962
~~section 5111.17 of the Revised Code~~.	96963

(3) Alcohol, drug addiction, and mental health services	96964
covered by medicaid shall not be included in any component of the	96965
care management system when the nonfederal share of the cost of	96966
those services is provided by a board of alcohol, drug addiction,	96967
and mental health services or a state agency other than the	96968
department of ~~job and family services~~medicaid, but the recipients	96969
of those services may otherwise be designated for participation in	96970
the system.	96971

(C)(1) In designating participants who receive medicaid on	96972
the basis of being aged, blind, or disabled, the department shall	96973
not include any of the following, except as provided under	96974
division (C)(2) of this section:	96975

(a) Individuals who are under twenty-one years of age;

96976

(b) Individuals who are institutionalized;

96977

(c) Individuals who become eligible for medicaid by spending	96978
down their income or resources to a level that meets the medicaid	96979
program's financial eligibility requirements;	96980

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	96981
~~medicaid program and the medicare program established under Title~~	96982
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.~~	96983
~~1395, as amended~~individuals;	96984

(e) Individuals to the extent that they are receiving	96985
medicaid services through a medicaid waiver component~~, as defined~~	96986
~~in section 5111.85 of the Revised Code~~.	96987

(2) ~~If any necessary waiver of federal medicaid requirements~~	96988
~~is granted, the~~The department may designate any of the following	96989
individuals who receive medicaid on the basis of being aged,	96990
blind, or disabled as individuals who are permitted or required to	96991
participate in the care management system:	96992

(a) Individuals who are under twenty-one years of age;

96993

(b) Individuals who reside in a nursing facility~~, as defined~~	96994
~~in section 5111.20 of the Revised Code~~;	96995

(c) Individuals who, as an alternative to receiving nursing	96996
facility services, are participating in a home and community-based	96997
services medicaid waiver component~~, as defined in section 5111.85~~	96998
~~of the Revised Code~~;	96999

(d) ~~Individuals who are dually~~Dual eligible ~~under the~~	97000
~~medicaid program and the medicare program~~individuals.	97001

(D) Subject to division (B) of this section, the department	97002
may do both of the following under the care management system:	97003

(1) Require or permit participants in the system to obtain	97004
health care services from providers designated by the department;	97005

(2) Require or permit participants in the system to obtain	97006
health care services through medicaid managed care organizations	97007
~~under contract with the department pursuant to section 5111.17 of~~	97008
~~the Revised Code~~.	97009

~~(E)(1) The department shall prepare an annual report on the~~	97010
~~care management system. The report shall address the department's~~	97011
~~ability to implement the system, including all of the following~~	97012
~~components:~~	97013

~~(a) The required designation of participants included in the~~	97014
~~category identified by the department as covered families and~~	97015
~~children;~~	97016

~~(b) The required designation of participants included in the~~	97017
~~aged, blind, or disabled category of medicaid recipients;~~	97018

~~(c) The use of any programs for enhanced care management.~~

97019

~~(2) The department shall submit each annual report to the~~	97020
~~general assembly. The first report shall be submitted not later~~	97021
~~than October 1, 2007.~~	97022

~~(F) The director of job and family services may adopt rules~~	97023
~~in accordance with Chapter 119. of the Revised Code to implement~~	97024
~~this section.~~	97025

~~Sec. 5111.161.~~ Sec. 5167.031. (A) As used in this section:

97026

(1) "Children's care network" means any of the following:

97027

(a) A children's hospital;

97028

(b) A group of children's hospitals;

97029

97030

(2) "Children's hospital" has the same meaning as in section	97031
2151.86 of the Revised Code.	97032

(B) If the department of ~~job and family services~~medicaid	97033
includes in the care management system, pursuant to section	97034
~~5111.16~~5167.03 of the Revised Code, individuals under twenty-one	97035
years of age who are included in the category of individuals who	97036
receive medicaid on the basis of being aged, blind, or disabled,	97037
~~as specified in division (C)(2) of section 5111.01 of the Revised~~	97038
~~Code,~~ the department ~~shall develop a system to~~may recognize	97039
entities as pediatric accountable care organizations. ~~The purpose~~	97040
~~of the recognition system shall be to meet the complex medical and~~	97041
~~behavioral needs of disabled children through new approaches to~~	97042
~~care coordination. The department shall implement the recognition~~	97043
~~system not later than July 1, 2012.~~	97044

An entity recognized by the department as a pediatric	97045
accountable care organization may develop innovative partnerships	97046
between relevant groups and may contract directly or subcontract	97047
with the state to provide care coordination and other services to	97048
the medicaid recipients under twenty-one years of age described in	97049
this division who are permitted or required to participate in the	97050
care management system.	97051

(C)(1) To be recognized by the department as a pediatric	97052
accountable care organization, an entity shall meet the standards	97053
established ~~in rules adopted under this section~~by the department.	97054
Unless required by ~~sections~~section 2706 ~~and 3022~~ of the "Patient	97055
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	97056
~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395 (2010)~~	97057
section 1895, 42 U.S.C. 1395jjj, the regulations adopted pursuant	97058
to those sections, and the laws of this state, the department	97059
shall not require that an entity be a health insuring corporation	97060
as a condition of receiving the department's recognition.	97061

(2) Any of the following entities may receive the	97062
department's recognition, if the standards for recognition have	97063
been met:	97064

(a) A children's care network;

97065

(b) A children's care network that may include one or more	97066
other entities, including, but not limited to, health insuring	97067
corporations or other managed care organizations;	97068

97069

(D) The ~~department~~medicaid director shall consult with all	97070
of the following in adopting rules ~~under~~authorized by division	97071
(E) of this section necessary for an entity to be recognized by	97072
the department as a pediatric accountable care organization:	97073

(1) The superintendent of insurance;

97074

(2) Children's hospitals;

97075

(3) ~~Managed~~Medicaid managed care organizations ~~under~~	97076
~~contract pursuant to section 5111.17 of the Revised Code~~;	97077

(4) Any other relevant entities, as determined necessary by	97078
the department, with interests in pediatric accountable care	97079
organizations.	97080

(E) ~~The department shall adopt rules in accordance with~~	97081
~~Chapter 119. of the Revised Code as necessary to implement this~~	97082
~~section.~~ In adopting ~~the~~ rules under section 5167.02 of the	97083
Revised Code, the ~~department~~medicaid director shall do all of the	97084
following:	97085

(1) Establish application procedures to be followed by an	97086
entity seeking recognition as a pediatric accountable care	97087
organization;	97088

(2) Ensure that the standards for recognition as a pediatric	97089
accountable care organization are the same as and do not conflict	97090
with those specified in ~~sections~~section 2706 ~~and 3022~~ of the	97091
"Patient Protection and Affordable Care Act," 124 Stat. 325 (2010)	97092
and ~~Title XVIII of~~ the "Social Security Act," ~~124 Stat. 395~~	97093
~~(2010)~~section 1895, 42 U.S.C. 1395jjj or the regulations adopted	97094
pursuant to those sections;	97095

(3) Establish requirements regarding the access to pediatric	97096
specialty care provided through or by a pediatric accountable care	97097
organization;	97098

(4) Establish accountability and financial requirements for	97099
an entity recognized as a pediatric accountable care organization;	97100

(5) Establish quality improvement initiatives consistent with	97101
any state medicaid quality plan established by the department;	97102

(6) Establish transparency and consumer protection	97103
requirements for an entity recognized as a pediatric accountable	97104
care organization;	97105

(7) Establish a process for sharing data.

97106

(F) This section does not limit the authority of the	97107
department of insurance to regulate the business of insurance in	97108
this state.	97109

Sec. 5167.032. (A) The department of medicaid shall prepare	97110
an annual report on the care management system established under	97111
this chapter. The report shall address the department's ability to	97112
implement the system, including all of the following components:	97113

(1) The required designation of participants included in the	97114
category identified by the department as covered families and	97115
children;	97116

(2) The required designation of participants included in the	97117
aged, blind, or disabled category of medicaid recipients;	97118

(3) The use of any programs for enhanced care management.

97119

(B) The department shall submit each annual report to the	97120
general assembly in accordance with section 101.68 of the Revised	97121
Code.	97122

~~Sec. 5111.17.~~ Sec. 5167.10. (A) The department of ~~job and family~~	97123
~~services~~medicaid may enter into contracts with managed care	97124
organizations, including health insuring corporations, under which	97125
the organizations are authorized to provide, or arrange for the	97126
provision of, health care services to ~~medical assistance~~medicaid	97127
recipients who are required or permitted to obtain health care	97128
services through managed care organizations as part of the care	97129
management system established under section ~~5111.16~~5167.03 of the	97130
Revised Code.	97131

(B) ~~The~~(1) Subject to division (B)(2)(a) of this section,	97132
the department or its actuary shall base the hospital inpatient	97133
capital payment portion of the payment made to managed care	97134
organizations on data for services provided to all recipients	97135
enrolled in managed care organizations with which the department	97136
contracts, as reported by hospitals on relevant cost reports	97137
submitted pursuant to rules adopted under ~~this~~ section 5167.02 of	97138
the Revised Code.	97139

(2)(a) The hospital inpatient capital payment portion of the	97140
payment made to medicaid managed care organizations shall not	97141
exceed any maximum rate established by the department pursuant to	97142
rules adopted under this section.	97143

(b) If a maximum rate is established, a medicaid managed care	97144
organization shall not compensate hospitals for inpatient capital	97145
costs in an amount that exceeds that rate.	97146

(C) ~~The director of job and family services may adopt rules~~	97147
~~in accordance with Chapter 119. of the Revised Code to implement~~	97148
~~this section.~~	97149

~~(D)~~ The department of ~~job and family services~~medicaid shall	97150
allow a medicaid managed care organization to use providers to	97151
render care upon completion of the medicaid managed care	97152
organization's credentialing process.	97153

~~Sec. 5111.177.~~ Sec. 5167.11. When contracting under section	97154
~~5111.17~~5167.10 of the Revised Code with a health insuring	97155
corporation that holds a certificate of authority under Chapter	97156
1751. of the Revised Code, the department of ~~job and family~~	97157
~~services~~medicaid shall require the health insuring corporation to	97158
provide a grievance process for medicaid recipients in accordance	97159
with 42 C.F.R. 438, subpart F.	97160

~~Sec. 5111.172.~~ Sec. 5167.12. (A) When contracting under section	97161
~~5111.17~~5167.10 of the Revised Code with a managed care	97162
organization that is a health insuring corporation, the department	97163
of ~~job and family services~~medicaid shall require the health	97164
insuring corporation to provide coverage of prescription drugs for	97165
medicaid recipients enrolled in the health insuring corporation.	97166
In providing the required coverage, the health insuring	97167
corporation may, subject to the department's approval and the	97168
limitations specified in division (B) of this section, use	97169
strategies for the management of drug utilization.	97170

(B) The department shall not permit a health insuring	97171
corporation to impose a prior authorization requirement in the	97172
case of a drug to which all of the following apply:	97173

(1) The drug is an antidepressant or antipsychotic.

97174

(2) The drug is administered or dispensed in a standard	97175
tablet or capsule form, except that in the case of an	97176
antipsychotic, the drug also may be administered or dispensed in a	97177
long-acting injectable form.	97178

(3) The drug is prescribed by either of the following:

97179

(a) A physician whom the health insuring corporation,	97180
pursuant to division (C) of section ~~5111.17~~5167.10 of the Revised	97181
Code, has credentialed to provide care as a psychiatrist;	97182

(b) A psychiatrist practicing at a community mental health	97183
~~agency~~services provider certified by the department of ~~mental~~	97184
~~health~~mental health and addiction services under section	97185
~~5119.611~~5119.36 of the Revised Code.	97186

(4) The drug is prescribed for a use that is indicated on the	97187
drug's labeling, as approved by the federal food and drug	97188
administration.	97189

(C) ~~As used in this division, "controlled substance" has the~~	97190
~~same meaning as in section 3719.01 of the Revised Code.~~	97191

The department shall permit a health insuring corporation to	97192
develop and implement a pharmacy utilization management program	97193
under which prior authorization through the program is established	97194
as a condition of obtaining a controlled substance pursuant to a	97195
prescription.	97196

~~Sec. 5111.179.~~ Sec. 5167.13. Each contract the department of ~~job~~	97197
~~and family services~~medicaid enters into with a managed care	97198
organization under section ~~5111.17~~5167.10 of the Revised Code	97199
shall require the managed care organization to implement a	97200
coordinated services program for medicaid recipients enrolled in	97201
the organization who are found to have obtained prescription drugs	97202
under the medicaid program at a frequency or in an amount that is	97203
not medically necessary. The program shall be implemented in a	97204
manner that is consistent with ~~section 1915(a)(2) of~~ the "Social	97205
Security Act," ~~95 Stat. 810 (1981)~~section 1915(a)(2), 42 U.S.C.	97206
1396n(a)(2)~~, as amended~~, and 42 C.F.R. 431.54(e).	97207

~~Sec. 5111.1710.~~ Sec. 5167.14. Each contract the department of ~~job~~	97208
~~and family services~~medicaid enters into with a managed care	97209
organization under section ~~5111.17~~5167.10 of the Revised Code	97210
shall require the managed care organization to enter into a data	97211
security agreement with the state board of pharmacy governing the	97212
managed care organization's use of the board's drug database	97213
established and maintained under section 4729.75 of the Revised	97214
Code.	97215

This section does not apply if the board no longer maintains	97216
the drug database.	97217

~~Sec. 5111.162.~~ Sec. 5167.20. (A) ~~As used in this section:~~

97218

~~(1) "Emergency services" has the same meaning as in section~~	97219
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	97220
~~U.S.C. 1396u-2(b)(2), as amended.~~	97221

~~(2) "Medicaid managed care organization" means a managed care~~	97222
~~organization that has entered into a contract with the department~~	97223
~~of job and family services pursuant to section 5111.17 of the~~	97224
~~Revised Code.~~	97225

~~(B)~~ Except as provided in division ~~(C)~~(B) of this section,	97226
when a participant in the care management system established under	97227
~~section 5111.16 of the Revised Code~~this chapter is enrolled in a	97228
medicaid managed care organization and the organization refers the	97229
participant to receive services, other than emergency services	97230
provided on or after January 1, 2007, at a hospital that	97231
participates in the medicaid program but is not under contract	97232
with the organization, the hospital shall provide the service for	97233
which the referral was made and shall accept from the	97234
organization, as payment in full, the amount derived from the	97235
~~reimbursement~~payment rate used by the department to ~~reimburse~~pay	97236
other hospitals of the same type for providing the same service to	97237
a medicaid recipient who is not enrolled in a medicaid managed	97238
care organization.	97239

~~(C)~~(B) A hospital is not subject to division ~~(B)~~(A) of this	97240
section if all of the following are the case:	97241

(1) The hospital is located in a county in which participants	97242
in the care management system are required before January 1, 2006,	97243
to be enrolled in a medicaid managed care organization that is a	97244
health insuring corporation;	97245

(2) The hospital has entered into a contract before January	97246
1, 2006, with at least one health insuring corporation serving the	97247
participants specified in division ~~(C)~~(B)(1) of this section;	97248

(3) The hospital remains under contract with at least one	97249
health insuring corporation serving participants in the care	97250
management system who are required to be enrolled in a health	97251
insuring corporation.	97252

~~(D)~~(C) The medicaid director ~~of job and family services~~ shall	97253
adopt rules under section 5167.02 of the Revised Code specifying	97254
the circumstances under which a medicaid managed care organization	97255
is permitted to refer a participant in the care management system	97256
to a hospital that is not under contract with the organization.	97257
~~The director may adopt any other rules necessary to implement this~~	97258
~~section. All rules adopted under this section shall be adopted in~~	97259
~~accordance with Chapter 119. of the Revised Code.~~	97260

~~Sec. 5111.163.~~ Sec. 5167.201. ~~(A) As used in this section:~~

97261

~~(1) "Emergency services" has the same meaning as in section~~	97262
~~1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42~~	97263
~~U.S.C. 1396u-2(b)(2), as amended.~~	97264

~~(2) "Medicaid managed care organization" has the same meaning~~	97265
~~as in section 5111.162 of the Revised Code.~~	97266

~~(3) "Provider" means any person, institution, or entity that~~	97267
~~furnishes emergency services to a medicaid recipient enrolled in a~~	97268
~~medicaid managed care organization, regardless of whether the~~	97269
~~person, institution, or entity has a provider agreement with the~~	97270
~~department of job and family services pursuant to Title XIX of the~~	97271
~~"Social Security Act."~~	97272

~~(B)~~ When a participant in the care management system	97273
established under ~~section 5111.16 of the Revised Code~~this chapter	97274
is enrolled in a medicaid managed care organization and receives	97275
emergency services on or after January 1, 2007, from a provider	97276
that is not under contract with the organization, the provider	97277
shall accept from the organization, as payment in full, not more	97278
than the amounts (less any payments for indirect costs of medical	97279
education and direct costs of graduate medical education) that the	97280
provider could collect if the participant received medicaid other	97281
than through enrollment in a managed care organization.	97282

An agreement entered into by a participant, a participant's	97283
parent, or a participant's legal guardian that requires payment	97284
for emergency services in violation of this section is void and	97285
unenforceable.	97286

~~Sec. 5111.982.~~ Sec. 5167.21. (A) As used in this section:

97287

(1) "Covered skilled nursing facility services" has the same	97288
meaning as in the "Social Security Act," section 1888(e)(2)(A), 42	97289
U.S.C. 1395yy(e)(2)(A).	97290

(2) "Current medicare fee-for-service rate" means the	97291
fee-for-service rate in effect for a covered skilled nursing	97292
facility service under medicare at the time the service is	97293
provided.	97294

(3) "Skilled nursing facility" has the same meaning as in the	97295
"Social Security Act," section 1819(a), 42 U.S.C. 1395i-3(a).	97296

(B) Except as provided in division (C) of this section, a	97297
medicaid managed care organization shall pay a skilled nursing	97298
facility at least the current medicare fee-for-service rate,	97299
without deduction for any coinsurance, for covered skilled nursing	97300
facility services that the skilled nursing facility provides to a	97301
dual eligible individual if the medicaid managed care organization	97302
is responsible for the payment under the terms of a contract that	97303
the medicaid managed care organization, ~~medical assistance~~	97304
medicaid director, and United States secretary of health and human	97305
services jointly enter into under the integrated care delivery	97306
system authorized by section ~~5111.981~~5164.91 of the Revised Code.	97307

(C) A medicaid managed care organization is required to pay	97308
the rate specified in division (B) of this section for covered	97309
skilled nursing facility services only if all of the following	97310
apply:	97311

(1) The United States secretary agrees to the payment rate as	97312
part of the contract that the medicaid managed care organization,	97313
~~medical assistance~~medicaid director, and United States secretary	97314
jointly enter into under the integrated care delivery system;	97315

(2) The medicaid managed care organization receives a federal	97316
capitation payment that is an actuarially sufficient amount for	97317
the costs that the medicaid managed care organization incurs in	97318
paying the rate;	97319

(3) No state funds are used for any part of the costs that	97320
the medicaid managed care organization incurs in paying the rate;	97321

(4) The integrated care delivery system provides for dual	97322
eligible individuals to receive the covered skilled nursing	97323
facility services as part of the system.	97324

~~Sec. 5111.178.~~ Sec. 5167.25. (A) The medicaid director ~~of job and~~	97325
~~family services~~ shall determine whether a waiver of federal	97326
medicaid requirements is necessary to fulfill the requirements of	97327
section 3901.3814 of the Revised Code. If the director determines	97328
a waiver is necessary, the department of ~~job and family services~~	97329
medicaid shall apply to the United States secretary of health and	97330
human services for the waiver.	97331

(B)(1) If the director determines that section 3901.3814 of	97332
the Revised Code can be implemented without a waiver or a waiver	97333
is granted, the department shall notify the department of	97334
insurance that the section can be implemented. Implementation of	97335
the section shall be effective eighteen months after the notice is	97336
sent.	97337

(2) At the time the notice is given under division (B)(1) of	97338
this section, the department shall also give notice to each health	97339
insuring corporation that provides coverage to medicaid	97340
recipients. The notice shall inform the corporation that sections	97341
3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to	97342
claims for services rendered to recipients on the date determined	97343
under division (B)(1) of this section, instead of the prompt	97344
payment requirements of 42 C.F.R. 447.46. That date shall be	97345
specified in the notice.	97346

~~Sec. 5111.175.~~ Sec. 5167.26. For the purpose of determining the	97347
amount the department of ~~job and family services~~medicaid pays	97348
hospitals under section ~~5112.08~~5168.09 of the Revised Code and	97349
the amount of disproportionate share hospital payments paid by the	97350
medicare program ~~established under Title XVIII of~~pursuant to the	97351
"Social Security Act," ~~79 Stat. 286 (1965)~~section 1915, 42 U.S.C.	97352
1396n, ~~as amended,~~ a medicaid managed care organization ~~under~~	97353
~~contract with the department pursuant to section 5111.17 of the~~	97354
~~Revised Code authorizing the organization to provide, or arrange~~	97355
~~for the provision of, hospital services to medicaid recipients~~	97356
shall keep detailed records for each hospital with which it	97357
contracts ~~about~~, including records regarding the cost to the	97358
hospital of providing ~~the~~hospital services for the organization,	97359
payments made by the organization to the hospital for the	97360
services, utilization of hospital services by medicaid recipients	97361
enrolled in the organization, and other utilization data required	97362
by the department.	97363

~~Sec. 5111.1711.~~ Sec. 5167.30. (A)(1) The department of ~~job and~~	97364
~~family services~~medicaid shall establish a managed care	97365
performance payment program. Under the program, the department may	97366
provide payments to medicaid managed care organizations ~~under~~	97367
~~contract with the department pursuant to section 5111.17 of the~~	97368
~~Revised Code~~ that meet performance standards established by the	97369
department.	97370

(2) In establishing performance standards, the department may	97371
consult any of the following:	97372

(a) Any quality measurements developed under the pediatric	97373
quality measures program established pursuant to the "Social	97374
Security Act," section 1139A, 42 U.S.C. 1320b-9a;	97375

(b) Any core set of adult health quality measures for	97376
medicaid eligible adults used for purposes of the "Social Security	97377
Act," section 1139A, 42 U.S.C. 1320b-9b, and any adult health	97378
quality used for purposes of the medicaid quality measurement	97379
program when the program is established under ~~42 U.S.C. 1320b-9b~~	97380
that section of the "Social Security Act";	97381

(c) The most recent healthcare effectiveness data and	97382
information set and quality measurement tool established by the	97383
national committee for quality assurance.	97384

(3) The standards that must be met to receive the payments	97385
may be specified in the contract the department enters into with a	97386
medicaid managed care organization.	97387

(4) If a medicaid managed care organization meets the	97388
performance standards established by the department, the	97389
department shall make one or more performance payments to the	97390
organization. The amount of each performance payment, the number	97391
of payments, and the schedule for making the payments shall be	97392
established by the department. The payments shall be discontinued	97393
if the department determines that the organization no longer meets	97394
the performance standards. The department shall not make or	97395
discontinue payments based on any performance standard that has	97396
been in effect as part of the organization's contract for less	97397
than six months.	97398

(B) For purposes of the program, the department shall	97399
establish an amount that is to be withheld each time a premium	97400
payment is made to a medicaid managed care organization. The	97401
amount shall be established as a percentage of each premium	97402
payment. The percentage shall be the same for all medicaid managed	97403
care organizations ~~under contract with the department~~. The sum of	97404
all withholdings under this division shall not exceed ~~one~~two per	97405
cent of the total of all premium payments made to all medicaid	97406
managed care organizations ~~under contract with the department~~.	97407

Each medicaid managed care organization shall agree to the	97408
withholding as a condition of receiving or maintaining its	97409
medicaid provider agreement with the department.	97410

When the amount is established and each time the amount is	97411
modified thereafter, the department shall certify the amount to	97412
the director of budget and management and begin withholding the	97413
amount from each premium the department pays to a medicaid managed	97414
care organization.	97415

~~(C) There is hereby created in the state treasury the managed~~	97416
~~care performance payment fund. The fund shall consist of amounts~~	97417
~~transferred to it by the director of budget and management for the~~	97418
~~purpose of the program. All investment earnings of the fund shall~~	97419
~~be credited to the fund. Amounts in the fund shall be used solely~~	97420
~~to make performance payments to managed care organizations in~~	97421
~~accordance with this section.~~	97422

~~(D) The department may adopt rules as necessary to implement~~	97423
~~this section. The rules shall be adopted in accordance with~~	97424
~~Chapter 119. of the Revised Code.~~	97425

~~Sec. 5111.171.~~ Sec. 5167.31. The department of ~~job and family~~	97426
~~services~~medicaid may provide financial incentive awards to	97427
medicaid managed care organizations ~~under contract with the~~	97428
~~department pursuant to section 5111.17 of the Revised Code~~ that	97429
meet or exceed performance standards specified in provider	97430
agreements or rules adopted by the ~~department~~medicaid director	97431
under section 5167.02 of the Revised Code. The department may	97432
specify in a contract with a medicaid managed care organization	97433
the amounts of financial incentive awards, methodology for	97434
distributing awards, types of awards, and standards for	97435
administration by the department.	97436

~~Sec. 5111.173.~~ Sec. 5167.40. The department of ~~job and family~~	97437
~~services~~medicaid shall appoint a temporary manager for a	97438
medicaid managed care organization ~~under contract with the~~	97439
~~department pursuant to section 5111.17 of the Revised Code~~ if the	97440
department determines that the medicaid managed care organization	97441
has repeatedly failed to meet substantive requirements specified	97442
in ~~section 1903(m) of~~ the "Social Security Act," ~~79 Stat. 286~~	97443
~~(1965)~~sections 1903(m) and 1932, 42 U.S.C. 1396b(m)~~, as amended;~~	97444
~~section 1932 of the Social Security Act, 42 U.S.C.~~and 1396u-2~~, as~~	97445
~~amended~~; or 42 C.F.R. 438 Part I. The appointment of a temporary	97446
manager does not preclude the department from imposing other	97447
sanctions available to the department against the medicaid managed	97448
care organization.	97449

The medicaid managed care organization shall pay all costs of	97450
having the temporary manager perform the temporary manager's	97451
duties, including all costs the temporary manager incurs in	97452
performing those duties. If the temporary manager incurs costs or	97453
liabilities on behalf of the medicaid managed care organization,	97454
the medicaid managed care organization shall pay those costs and	97455
be responsible for those liabilities.	97456

The appointment of a temporary manager is not subject to	97457
Chapter 119. of the Revised Code, but the managed care	97458
organization may request a reconsideration of the appointment.	97459
Reconsiderations shall be requested and conducted in accordance	97460
with rules the ~~director of job and family services~~medicaid	97461
director shall adopt ~~in accordance with Chapter 119. of~~under	97462
section 5167.02 of the Revised Code.	97463

The appointment of a temporary manager does not cause the	97464
medicaid managed care organization to lose the right to appeal, in	97465
accordance with Chapter 119. of the Revised Code, any proposed	97466
termination or any decision not to ~~renew~~revalidate the medicaid	97467
managed care organization's ~~medicaid~~ provider agreement or the	97468
right to initiate the sale of the medicaid managed care	97469
organization or its assets.	97470

~~In addition to the rules required to be adopted under this~~	97471
~~section, the director may adopt any other rules necessary to~~	97472
~~implement this section. The rules shall be adopted in accordance~~	97473
~~with Chapter 119. of the Revised Code.~~	97474

~~Sec. 5111.174.~~ Sec. 5167.41. The department of ~~job and family~~	97475
~~services~~medicaid may disenroll some or all medicaid recipients	97476
enrolled in a medicaid managed care organization ~~under contract~~	97477
~~with the department pursuant to section 5111.17 of the Revised~~	97478
~~Code~~ if the department proposes to terminate or not to ~~renew~~	97479
revalidate the contract and determines that the recipients' access	97480
to medically necessary services is jeopardized by the proposal to	97481
terminate or not to ~~renew~~revalidate the contract. The	97482
disenrollment is not subject to Chapter 119. of the Revised Code,	97483
but the medicaid managed care organization may request a	97484
reconsideration of the disenrollment. Reconsiderations shall be	97485
requested and conducted in accordance with rules the medicaid	97486
director ~~of job and family services~~ shall adopt ~~in accordance with~~	97487
~~Chapter 119.~~under section 5167.02 of the Revised Code. The	97488
request for, or conduct of, a reconsideration regarding a proposed	97489
disenrollment shall not delay the disenrollment.	97490

~~In addition to the rules required to be adopted under this~~	97491
~~section, the director may adopt any other rules necessary to~~	97492
~~implement this section. The rules shall be adopted in accordance~~	97493
~~with Chapter 119. of the Revised Code.~~	97494

~~Sec. 5112.01.~~ Sec. 5168.01. As used in sections ~~5112.03~~5168.01 to	97495
~~5112.21~~5168.14 of the Revised Code:	97496

(A) "Bad debt," "charity care," "courtesy care," and	97497
"contractual allowances" have the same meanings given these terms	97498
in regulations adopted under Title XVIII of the "Social Security	97499
Act," 42 U.S.C. 1395 et seq.	97500

(B) "Cost reporting period" means the twelve-month period	97501
used by a hospital in reporting costs for purposes of Title XVIII	97502
of the "Social Security Act," 42 U.S.C. 1395 et seq.	97503

(C) "Disproportionate share hospital" means a hospital that	97504
meets the definition of a disproportionate share hospital in rules	97505
adopted under section 5168.02 of the Revised Code.	97506

(D) "Federal poverty line" means the official poverty line	97507
defined by the United States office of management and budget based	97508
on the most recent data available from the United States bureau of	97509
the census and revised by the United States secretary of health	97510
and human services pursuant to the "Omnibus Budget Reconciliation	97511
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	97512

(E) "Governmental hospital" means a county hospital with more	97513
than five hundred registered beds or a state-owned and -operated	97514
hospital with more than five hundred registered beds.	97515

(F)(1) "Hospital" means a nonfederal hospital to which either	97516
of the following applies:	97517

(a) The hospital is registered under section 3701.07 of the	97518
Revised Code as a general medical and surgical hospital or a	97519
pediatric general hospital, and provides inpatient hospital	97520
services, as defined in 42 C.F.R. 440.10;	97521

(b) The hospital is recognized under the medicare program	97522
~~established by Title XVIII of the "Social Security Act," 49 Stat.~~	97523
~~620 (1935), 42 U.S.C.A. 301, as amended,~~ as a cancer hospital and	97524
is exempt from the medicare prospective payment system.	97525

(2) "Hospital" does not include a hospital operated by a	97526
health insuring corporation that has been issued a certificate of	97527
authority under section 1751.05 of the Revised Code or a hospital	97528
that does not charge patients for services.	97529

~~(2) "Disproportionate share hospital" means a hospital that~~	97530
~~meets the definition of a disproportionate share hospital in rules~~	97531
~~adopted under section 5112.03 of the Revised Code.~~	97532

~~(B) "Bad debt," "charity care," "courtesy care," and~~	97533
~~"contractual allowances" have the same meanings given these terms~~	97534
~~in regulations adopted under Title XVIII of the "Social Security~~	97535
~~Act."~~	97536

~~(C) "Cost reporting period" means the twelve-month period~~	97537
~~used by a hospital in reporting costs for purposes of Title XVIII~~	97538
~~of the "Social Security Act."~~	97539

~~(D) "Governmental hospital" means a county hospital with more~~	97540
~~than five hundred registered beds or a state-owned and -operated~~	97541
~~hospital with more than five hundred registered beds.~~	97542

~~(E)~~(G) "Indigent care pool" means the sum of the following:

97543

(1) The total of assessments to be paid in a program year by	97544
all hospitals under section ~~5112.06~~5168.06 of the Revised Code,	97545
less the assessments deposited into the legislative budget	97546
services fund under section ~~5112.19~~5168.12 of the Revised Code	97547
and into the health care services administration fund created	97548
under section ~~5111.94~~5162.54 of the Revised Code;	97549

(2) The total amount of intergovernmental transfers required	97550
to be made in the same program year by governmental hospitals	97551
under section ~~5112.07~~5168.07 of the Revised Code, less the amount	97552
of transfers deposited into the legislative budget services fund	97553
under section ~~5112.19~~5168.12 of the Revised Code and into the	97554
health care services administration fund created under section	97555
~~5111.94~~5162.54 of the Revised Code;	97556

(3) The total amount of federal matching funds that will be	97557
made available in the same program year as a result of funds	97558
distributed by the department of ~~job and family services~~medicaid	97559
to hospitals under section ~~5112.08~~5168.09 of the Revised Code.	97560

~~(F)~~(H) "Intergovernmental transfer" means any transfer of	97561
money by a governmental hospital under section ~~5112.07~~5168.07 of	97562
the Revised Code.	97563

~~(G) "Medical assistance program" means the program of medical~~	97564
~~assistance established under section 5111.01 of the Revised Code~~	97565
~~and Title XIX of the "Social Security Act."~~	97566

~~(H)~~(I) "Medicaid services" has the same meaning as in section	97567
5164.01 of the Revised Code.	97568

(J) "Program year" means a period beginning the first day of	97569
October, or a later date designated in rules adopted under section	97570
~~5112.03~~5168.02 of the Revised Code, and ending the thirtieth day	97571
of September, or an earlier date designated in rules adopted under	97572
that section.	97573

~~(I)~~(K) "Registered beds" means the total number of hospital	97574
beds registered with the department of health, as reported in the	97575
most recent "directory of registered hospitals" published by the	97576
department of health.	97577

~~(J)~~(L) "Third-party payer" means any person or government	97578
entity that may be liable by law or contract to make payment to or	97579
on behalf of an individual for health care services. "Third-party	97580
payer" does not include a hospital.	97581

(M) "Total facility costs" means the total costs for all	97582
services rendered to all patients, including the direct, indirect,	97583
and overhead cost to the hospital of all services, supplies,	97584
equipment, and capital related to the care of patients, regardless	97585
of whether patients are enrolled in a health insuring corporation,	97586
excluding costs associated with providing skilled nursing services	97587
in distinct-part nursing facility units, as shown on the	97588
hospital's cost report filed under section ~~5112.04~~5168.05 of the	97589
Revised Code. Effective October 1, 1993, if rules adopted under	97590
section ~~5112.03~~5168.02 of the Revised Code so provide, "total	97591
facility costs" may exclude costs associated with providing care	97592
to recipients of any of the governmental programs listed in	97593
division (B) of that section.	97594

~~(K)~~(N) "Uncompensated care" means bad debt and charity care.

97595

~~Sec. 5112.03.~~ Sec. 5168.02. (A) The ~~director of job and family~~	97596
~~services shall adopt, and may amend and rescind,~~medicaid director	97597
shall adopt rules in accordance with Chapter 119. of the Revised	97598
Code for the purpose of administering sections ~~5112.01~~5168.01 to	97599
~~5112.21~~5168.14 of the Revised Code, including rules that do all	97600
of the following:	97601

(1) Define as a "disproportionate share hospital" any	97602
hospital included under ~~subsection (b) of section 1923 of~~ the	97603
"Social Security Act," ~~49 Stat. 620 (1935)~~section 1923(b), 42	97604
U.S.C.A. 1396r-4(b), ~~as amended,~~ and any other hospital the	97605
director determines appropriate;	97606

(2) Prescribe the form for submission of cost reports under	97607
section ~~5112.04~~5168.05 of the Revised Code;	97608

(3) Establish, in accordance with division (A) of section	97609
~~5112.06~~5168.06 of the Revised Code, the assessment rate or rates	97610
to be applied to hospitals under that section;	97611

(4) Establish schedules for hospitals to pay installments on	97612
their assessments under section ~~5112.06~~5168.06 of the Revised	97613
Code and for governmental hospitals to pay installments on their	97614
intergovernmental transfers under section ~~5112.07~~5168.07 of the	97615
Revised Code;	97616

(5) Establish procedures to notify hospitals of adjustments	97617
made under division (B)(2)(b) of section ~~5112.06~~5168.06 of the	97618
Revised Code in the amount of installments on their assessment;	97619

(6) Establish procedures to notify hospitals of adjustments	97620
made under division (D) of section ~~5112.09~~5168.08 of the Revised	97621
Code in the total amount of their assessment and to adjust for the	97622
remainder of the program year the amount of the installments on	97623
the assessments;	97624

(7) Establish, in accordance with section ~~5112.08~~5168.09 of	97625
the Revised Code, the methodology for paying hospitals under that	97626
section.	97627

The director shall consult with hospitals when adopting the	97628
rules required by divisions (A)(4) and (5) of this section in	97629
order to minimize hospitals' cash flow difficulties.	97630

(B) Rules adopted under this section may provide that "total	97631
facility costs" excludes costs associated with any of the	97632
following:	97633

(1) ~~Recipients of the medical assistance program~~Medicaid	97634
recipients;	97635

(2) Recipients of disability financial assistance provided	97636
under Chapter 5115. of the Revised Code;	97637

(3) Recipients of the program for medically handicapped	97638
children established under section 3701.023 of the Revised Code;	97639

(4) ~~Recipients of the medicare program established under~~	97640
~~Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42~~	97641
~~U.S.C.A. 301, as amended:~~Medicare beneficiaries;	97642

(5) Recipients of Title V of the "Social Security Act," 42	97643
U.S.C. 701 et seq.,;	97644

(6) Any other category of costs deemed appropriate by the	97645
director in accordance with Title XIX of the "Social Security	97646
Act," 42 U.S.C. 1396 et seq., and the rules adopted under that	97647
title.	97648

~~Sec. 5112.05.~~ Sec. 5168.03. The requirements of sections ~~5112.06~~	97649
5168.06 to ~~5112.09~~5168.09 of the Revised Code apply only as long	97650
as the United States health care financing administration	97651
determines that the assessment imposed under section ~~5112.06~~	97652
5168.06 of the Revised Code is a permissible health care-related	97653
tax pursuant to ~~section 1903(w) of~~ the "Social Security Act," 49	97654
~~Stat. 620 (1935)~~section 1903(w), 42 U.S.C.A. 1396b(w)~~, as~~	97655
~~amended~~. Whenever the department of ~~job and family services~~	97656
medicaid is informed that the assessment is an impermissible	97657
health care-related tax, the department shall promptly refund to	97658
each hospital the amount of money currently in the hospital care	97659
assurance program fund created by section ~~5112.18~~5168.11 of the	97660
Revised Code that has been paid by the hospital under section	97661
~~5112.06~~5168.06 or ~~5112.07~~5168.07 of the Revised Code, plus any	97662
investment earnings on that amount.	97663

~~Sec. 5112.10.~~ Sec. 5168.04. The department of ~~job and family~~	97664
~~services~~medicaid shall operate the hospital care assurance	97665
program established by sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14	97666
of the Revised Code on a program year basis. The department shall	97667
complete all program requirements on or before the thirtieth day	97668
of September each year.	97669

~~Sec. 5112.04.~~ Sec. 5168.05. (A) Except as provided in division (C)	97670
of this section, each hospital, on or before the first day of July	97671
of each year or at a later date approved by the medicaid director	97672
~~of job and family services~~, shall submit to the department of ~~job~~	97673
~~and family services~~medicaid a financial statement for the	97674
preceding calendar year that accurately reflects the income,	97675
expenses, assets, liabilities, and net worth of the hospital, and	97676
accompanying notes. A hospital that has a fiscal year different	97677
from the calendar year shall file its financial statement within	97678
one hundred eighty days of the end of its fiscal year or at a	97679
later date approved by the director ~~of job and family services~~.	97680
The financial statement shall be prepared by an independent	97681
certified public accountant and reflect an official audit report	97682
prepared in a manner consistent with generally accepted accounting	97683
principles. The financial statement shall, to the extent that the	97684
hospital has sufficient financial records, show bad debt and	97685
charity care separately from courtesy care and contractual	97686
allowances.	97687

(B) Except as provided in division (C) of this section, each	97688
hospital, within one hundred eighty days after the end of the	97689
hospital's cost reporting period, shall submit to the department a	97690
cost report in a format prescribed in rules adopted ~~by the~~	97691
~~director of job and family services~~ under section ~~5112.03~~5168.02	97692
of the Revised Code. The department shall grant a hospital an	97693
extension of the one hundred eighty day period if the health care	97694
financing administration of the United States department of health	97695
and human services extends the date by which the hospital must	97696
submit its cost report for the hospital's cost reporting period.	97697

(C) The director ~~of job and family services~~ may adopt rules	97698
under section ~~5112.03~~5168.02 of the Revised Code specifying	97699
financial information that must be submitted by hospitals for	97700
which no financial statement or cost report is available. The	97701
rules shall specify deadlines for submitting the information. Each	97702
such hospital shall submit the information specified in the rules	97703
not later than the deadline specified in the rules.	97704

~~Sec. 5112.06.~~ Sec. 5168.06. (A) For the purpose of distributing	97705
funds to hospitals under the ~~medical assistance~~medicaid program	97706
pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the	97707
Revised Code and depositing funds into the legislative budget	97708
services fund under section ~~5112.19~~5168.12 of the Revised Code	97709
and into the health care services administration fund created	97710
under section ~~5111.94~~5162.54 of the Revised Code, there is hereby	97711
imposed an assessment on all hospitals. Each hospital's assessment	97712
shall be based on total facility costs. All hospitals shall be	97713
assessed according to the rate or rates established each program	97714
year ~~by the department of job and family services~~ in rules adopted	97715
under section ~~5112.03~~5168.02 of the Revised Code. The department	97716
shall assess all hospitals uniformly and in a manner consistent	97717
with federal statutes and regulations. During any program year,	97718
the department shall not assess any hospital more than two per	97719
cent of the hospital's total facility costs.	97720

The department shall establish an assessment rate or rates	97721
each program year that will do both of the following:	97722

(1) Yield funds that, when combined with intergovernmental	97723
transfers and federal matching funds, will produce a program of	97724
sufficient size to pay a substantial portion of the indigent care	97725
provided by hospitals;	97726

(2) Yield funds that, when combined with intergovernmental	97727
transfers and federal matching funds, will produce amounts for	97728
distribution to disproportionate share hospitals that do not	97729
exceed, in the aggregate, the limits prescribed by the United	97730
States health care financing administration under ~~subsection (f)~~	97731
~~of section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	97732
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	97733

(B)(1) Except as provided in division (B)(3) of this section,	97734
each hospital shall pay its assessment in periodic installments in	97735
accordance with a schedule established ~~by the director of job and~~	97736
~~family services~~ in rules adopted under section ~~5112.03~~5168.02 of	97737
the Revised Code.	97738

(2) The installments shall be equal in amount, unless either	97739
of the following applies:	97740

(a) The department makes adjustments during a program year	97741
under division (D) of section ~~5112.09~~5168.08 of the Revised Code	97742
in the total amount of hospitals' assessments;	97743

(b) The medicaid director ~~of job and family services~~	97744
determines that adjustments in the amounts of installments are	97745
necessary for the administration of sections ~~5112.01~~5168.01 to	97746
~~5112.21~~5168.14 of the Revised Code and that unequal installments	97747
will not create cash flow difficulties for hospitals.	97748

(3) The director may adopt rules under section ~~5112.03~~	97749
5168.02 of the Revised Code establishing alternate schedules for	97750
hospitals to pay assessments under this section in order to reduce	97751
hospitals' cash flow difficulties.	97752

~~Sec. 5112.07.~~ Sec. 5168.07. (A) The department of ~~job and family~~	97753
~~services~~medicaid may require governmental hospitals to make	97754
intergovernmental transfers each program year for the purpose of	97755
distributing funds to hospitals under the ~~medical assistance~~	97756
medicaid program pursuant to sections ~~5112.01~~5168.01 to ~~5112.21~~	97757
5168.14 of the Revised Code and depositing funds into the	97758
legislative budget services fund under section ~~5112.19~~5168.12 of	97759
the Revised Code and into the health care services administration	97760
fund created under section ~~5111.94~~5162.54 of the Revised Code.	97761
The department shall not require transfers in an amount that, when	97762
combined with hospital assessments paid under section ~~5112.06~~	97763
5168.06 of the Revised Code and federal matching funds, produce	97764
amounts for distribution to disproportionate share hospitals that,	97765
in the aggregate, exceed limits prescribed by the United States	97766
health care financing administration under ~~subsection (f) of~~	97767
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	97768
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~.	97769

(B) Before or during each program year, the department shall	97770
notify each governmental hospital of the amount of the	97771
intergovernmental transfer it is required to make during the	97772
program year. Each governmental hospital shall make	97773
intergovernmental transfers as required by the department under	97774
this section in periodic installments, executed by electronic fund	97775
transfer, in accordance with a schedule established in rules	97776
adopted under section ~~5112.03~~5168.02 of the Revised Code.	97777

~~Sec. 5112.09.~~ Sec. 5168.08. (A) Before or during each program	97778
year, the department of ~~job and family services~~medicaid shall	97779
mail to each hospital by certified mail, return receipt requested,	97780
the preliminary determination of the amount that the hospital is	97781
assessed under section ~~5112.06~~5168.06 of the Revised Code during	97782
the program year. The preliminary determination of a hospital's	97783
assessment shall be calculated for a cost-reporting period that is	97784
specified in rules adopted under section ~~5112.03~~5168.02 of the	97785
Revised Code.	97786

The department shall consult with hospitals each year when	97787
determining the date on which it will mail the preliminary	97788
determinations in order to minimize hospitals' cash flow	97789
difficulties.	97790

If no hospital submits a request for reconsideration under	97791
division (B) of this section, the preliminary determination	97792
constitutes the final reconciliation of each hospital's assessment	97793
under section ~~5112.06~~5168.06 of the Revised Code. The final	97794
reconciliation is subject to adjustments under division (D) of	97795
this section.	97796

(B) Not later than fourteen days after the preliminary	97797
determinations are mailed, any hospital may submit to the	97798
department a written request to reconsider the preliminary	97799
determinations. The request shall be accompanied by written	97800
materials setting forth the basis for the reconsideration. If one	97801
or more hospitals submit a request, the department shall hold a	97802
public hearing not later than thirty days after the preliminary	97803
determinations are mailed to reconsider the preliminary	97804
determinations. The department shall mail to each hospital a	97805
written notice of the date, time, and place of the hearing at	97806
least ten days prior to the hearing. On the basis of the evidence	97807
submitted to the department or presented at the public hearing,	97808
the department shall reconsider and may adjust the preliminary	97809
determinations. The result of the reconsideration is the final	97810
reconciliation of the hospital's assessment under section ~~5112.06~~	97811
5168.06 of the Revised Code. The final reconciliation is subject	97812
to adjustments under division (D) of this section.	97813

(C) The department shall mail to each hospital a written	97814
notice of its assessment for the program year under the final	97815
reconciliation. A hospital may appeal the final reconciliation of	97816
its assessment to the court of common pleas of Franklin county.	97817
While a judicial appeal is pending, the hospital shall pay, in	97818
accordance with the schedules required by division (B) of section	97819
~~5112.06~~5168.06 of the Revised Code, any amount of its assessment	97820
that is not in dispute into the hospital care assurance program	97821
fund created in section ~~5112.18~~5168.11 of the Revised Code.	97822

(D) In the course of any program year, the department may	97823
adjust the assessment rate or rates established in rules pursuant	97824
to section ~~5112.06~~5168.06 of the Revised Code or adjust the	97825
amounts of intergovernmental transfers required under section	97826
~~5112.07~~5168.07 of the Revised Code and, as a result of the	97827
adjustment, adjust each hospital's assessment and	97828
intergovernmental transfer, to reflect refinements made by the	97829
United States health care financing administration during that	97830
program year to the limits it prescribed under ~~subsection (f) of~~	97831
~~section 1923 of~~ the "Social Security Act," ~~49 Stat. 620 (1935)~~	97832
section 1923(f), 42 U.S.C.A. 1396r-4(f)~~, as amended~~. When	97833
adjusted, the assessment rate or rates must comply with division	97834
(A) of section ~~5112.06~~5168.06 of the Revised Code. An adjusted	97835
intergovernmental transfer must comply with division (A) of	97836
section ~~5112.07~~5168.07 of the Revised Code. The department shall	97837
notify hospitals of adjustments made under this division and	97838
adjust for the remainder of the program year the installments paid	97839
by hospitals under sections ~~5112.06~~5168.06 and ~~5112.07~~5168.07 of	97840
the Revised Code in accordance with rules adopted under section	97841
~~5112.03~~5168.02 of the Revised Code.	97842

~~Sec. 5112.08.~~ Sec. 5168.09. The medicaid director ~~of job and~~	97843
~~family services~~ shall adopt rules under section ~~5112.03~~5168.02 of	97844
the Revised Code establishing a methodology to pay hospitals that	97845
is sufficient to expend all money in the indigent care pool. Under	97846
the rules:	97847

(A) The department of ~~job and family services~~medicaid may	97848
classify similar hospitals into groups and allocate funds for	97849
distribution within each group.	97850

(B) The department shall establish a method of allocating	97851
funds to hospitals, taking into consideration the relative amount	97852
of indigent care provided by each hospital or group of hospitals.	97853
The amount to be allocated shall be based on any combination of	97854
the following indicators of indigent care that the director	97855
considers appropriate:	97856

(1) Total costs, volume, or proportion of services to	97857
recipients of the medical assistance program, including recipients	97858
enrolled in health insuring corporations;	97859

(2) Total costs, volume, or proportion of services to	97860
low-income patients in addition to medicaid recipients ~~of the~~	97861
~~medical assistance program~~, which may include recipients of Title	97862
V of the "Social Security Act," ~~49 Stat. 620 (1935),~~ 42 U.S.C.A.	97863
~~301~~701 et seq., ~~as amended,~~ and recipients of disability	97864
financial assistance provided under Chapter 5115. of the Revised	97865
Code;	97866

(3) The amount of uncompensated care provided by the hospital	97867
or group of hospitals;	97868

(4) Other factors that the director considers to be	97869
appropriate indicators of indigent care.	97870

(C) The department shall distribute funds to each hospital or	97871
group of hospitals in a manner that first may provide for an	97872
additional distribution to individual hospitals that provide a	97873
high proportion of indigent care in relation to the total care	97874
provided by the hospital or in relation to other hospitals. The	97875
department shall establish a formula to distribute the remainder	97876
of the funds. The formula shall be consistent with ~~section 1923 of~~	97877
the "Social Security Act," section 1923, 42 U.S.C.A. 1396r-4, as	97878
~~amended,~~and shall be based on any combination of the indicators	97879
of indigent care listed in division (B) of this section that the	97880
director considers appropriate.	97881

(D) The department shall distribute funds to each hospital in	97882
installments not later than ten working days after the deadline	97883
established in rules for each hospital to pay an installment on	97884
its assessment under section ~~5112.06~~5168.06 of the Revised Code.	97885
In the case of a governmental hospital that makes	97886
intergovernmental transfers, the department shall pay an	97887
installment under this section not later than ten working days	97888
after the earlier of that deadline or the deadline established in	97889
rules for the governmental hospital to pay an installment on its	97890
intergovernmental transfer. If the amount in the hospital care	97891
assurance program fund created under section ~~5112.18~~5168.11 of	97892
the Revised Code and the portion of the health care - federal fund	97893
created under section ~~5111.943~~5162.50 of the Revised Code that is	97894
credited to that fund pursuant to division (B) of section ~~5112.18~~	97895
5168.11 of the Revised Code are insufficient to make the total	97896
distributions for which hospitals are eligible to receive in any	97897
period, the department shall reduce the amount of each	97898
distribution by the percentage by which the amount and portion are	97899
insufficient. The department shall distribute to hospitals any	97900
amounts not distributed in the period in which they are due as	97901
soon as moneys are available in the funds.	97902

~~Sec. 5112.11.~~ Sec. 5168.10. Except for moneys deposited into the	97903
legislative budget services fund under section ~~5112.19~~5168.12 of	97904
the Revised Code and the health care services administration fund	97905
created under section ~~5111.94~~5162.54 of the Revised Code, the	97906
department of ~~job and family services~~medicaid shall not use money	97907
paid to the department under sections ~~5112.06~~5168.06 and ~~5112.07~~	97908
5168.07 of the Revised Code or money that the department pays to	97909
hospitals under section ~~5112.08~~5168.09 of the Revised Code to	97910
replace any funds appropriated by the general assembly for the	97911
~~medical assistance~~medicaid program.	97912

~~Sec. 5112.18.~~ Sec. 5168.11. (A) Except as provided in section	97913
~~5112.19~~5168.12 of the Revised Code, all payments of assessments	97914
by hospitals under section ~~5112.06~~5168.06 of the Revised Code and	97915
all intergovernmental transfers under section ~~5112.07~~5168.07 of	97916
the Revised Code shall be deposited in the state treasury to the	97917
credit of the hospital care assurance program fund, hereby	97918
created. All investment earnings of the hospital care assurance	97919
program fund shall be credited to the fund. The department of ~~job~~	97920
~~and family services~~medicaid shall maintain records that show the	97921
amount of money in the hospital care assurance program fund at any	97922
time that has been paid by each hospital and the amount of any	97923
investment earnings on that amount. All moneys credited to the	97924
hospital care assurance program fund shall be used solely to make	97925
payments to hospitals under division (D) of this section and	97926
section ~~5112.08~~5168.09 of the Revised Code.	97927

(B) All federal matching funds received as a result of the	97928
department distributing funds from the hospital care assurance	97929
program fund to hospitals under section ~~5112.08~~5168.09 of the	97930
Revised Code shall be credited to the health care - federal fund	97931
created under section ~~5111.943~~5162.50 of the Revised Code.	97932

(C) All distributions of funds to hospitals under section	97933
~~5112.08~~5168.09 of the Revised Code are conditional on:	97934

(1) Expiration of the time for appeals under section ~~5112.09~~	97935
5168.08 of the Revised Code without the filing of an appeal, or on	97936
court determinations, in the event of appeals, that the hospital	97937
is entitled to the funds;	97938

(2) The sum of the following being sufficient to distribute	97939
the funds after the final determination of any appeals:	97940

(a) The available money in the hospital care assurance	97941
program fund;	97942

(b) The available portion of the money in the health care -	97943
federal fund that is credited to that fund pursuant to division	97944
(B) of this section.	97945

(3) The hospital's compliance with section ~~5112.17~~5168.14 of	97946
the Revised Code.	97947

(D) If an audit conducted by the department of the amounts of	97948
payments made and funds received by hospitals under sections	97949
~~5112.06~~5168.06, ~~5112.07~~5168.07, and ~~5112.08~~5168.09 of the	97950
Revised Code identifies amounts that, due to errors by the	97951
department, a hospital should not have been required to pay but	97952
did pay, should have been required to pay but did not pay, should	97953
not have received but did receive, or should have received but did	97954
not receive, the department shall:	97955

(1) Make payments to any hospital that the audit reveals paid	97956
amounts it should not have been required to pay or did not receive	97957
amounts it should have received;	97958

(2) Take action to recover from a hospital any amounts that	97959
the audit reveals it should have been required to pay but did not	97960
pay or that it should not have received but did receive.	97961

Payments made under division (D)(1) of this section shall be	97962
made from the hospital care assurance program fund. Amounts	97963
recovered under division (D)(2) of this section shall be deposited	97964
to the credit of that fund. Any hospital may appeal the amount the	97965
hospital is to be paid under division (D)(1) or the amount that is	97966
to be recovered from the hospital under division (D)(2) of this	97967
section to the court of common pleas of Franklin county.	97968

~~Sec. 5112.19.~~ Sec. 5168.12. From the first installment of	97969
assessments paid under section ~~5112.06~~5168.06 of the Revised Code	97970
and intergovernmental transfers made under section ~~5112.07~~5168.07	97971
of the Revised Code during each program year beginning in an	97972
odd-numbered calendar year, the department of ~~job and family~~	97973
~~services~~medicaid shall deposit into the state treasury to the	97974
credit of the legislative budget services fund, which is hereby	97975
created, a total amount equal to the amount by which the biennial	97976
appropriation from that fund exceeds the amount of unexpended,	97977
unencumbered moneys in that fund. All investment earnings of the	97978
legislative budget services fund shall be credited to that fund.	97979
Money in the legislative budget services fund shall be used solely	97980
to pay the expenses of the legislative budget office of the	97981
legislative service commission.	97982

~~Sec. 5112.21.~~ Sec. 5168.13. Except as specifically required by	97983
sections ~~5112.01~~5168.01 to ~~5112.19~~5168.14 of the Revised Code,	97984
information filed under those sections shall not include any	97985
patient-identifying material. Information that includes	97986
patient-identifying material is not a public record under section	97987
149.43 of the Revised Code, and no patient-identifying material	97988
shall be released publicly by the department of ~~job and family~~	97989
~~services~~medicaid or by any person under contract with the	97990
department who has access to such information.	97991

~~Sec. 5112.17.~~ Sec. 5168.14. (A) ~~As used in this section:~~

97992

~~(1) "Federal poverty guideline" means the official poverty~~	97993
~~guideline as revised annually by the United States secretary of~~	97994
~~health and human services in accordance with section 673 of the~~	97995
~~"Community Service Block Grant Act," 95 Stat. 511 (1981), 42~~	97996
~~U.S.C.A. 9902, as amended, for a family size equal to the size of~~	97997
~~the family of the person whose income is being determined.~~	97998

~~(2) "Third-party payer" means any private or public entity or~~	97999
~~program that may be liable by law or contract to make payment to~~	98000
~~or on behalf of an individual for health care services.~~	98001
~~"Third-party payer" does not include a hospital.~~	98002

~~(B)~~ Each hospital that receives funds distributed under	98003
sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of the Revised Code	98004
shall provide, without charge to the individual, basic, medically	98005
necessary hospital-level services to individuals who are residents	98006
of this state, are not medicaid recipients ~~of the medical~~	98007
~~assistance program~~, and whose income is at or below the federal	98008
poverty ~~guideline~~line. Recipients of disability financial	98009
assistance provided under Chapter 5115. of the Revised Code	98010
qualify for services under this section. The medicaid director of	98011
~~job and family services~~ shall adopt rules under section ~~5112.03~~	98012
5168.02 of the Revised Code specifying the hospital services to be	98013
provided under this section.	98014

~~(C)~~(B) Nothing in this section shall be construed to prevent	98015
a hospital from requiring an individual to apply for ~~eligibility~~	98016
~~under~~ the ~~medical assistance~~medicaid program before the hospital	98017
processes an application under this section. Hospitals may bill	98018
any third-party payer for services rendered under this section.	98019
Hospitals may bill the ~~medical assistance~~medicaid program, in	98020
accordance with ~~Chapter 5111. of the Revised Code~~state statutes	98021
governing the medicaid program and ~~the~~ rules adopted under ~~that~~	98022
~~chapter~~those statutes, for medicaid services rendered under this	98023
section if the individual becomes a medicaid recipient ~~of the~~	98024
~~program~~. Hospitals may bill individuals for services under this	98025
section if all of the following apply:	98026

(1) The hospital has an established post-billing procedure	98027
for determining the individual's income and canceling the charges	98028
if the individual is found to qualify for services under this	98029
section.	98030

(2) The initial bill, and at least the first follow-up bill,	98031
is accompanied by a written statement that does all of the	98032
following:	98033

(a) Explains that individuals with income at or below the	98034
federal poverty ~~guideline~~line are eligible for services without	98035
charge;	98036

(b) Specifies the federal poverty ~~guideline~~line for	98037
individuals and families of various sizes at the time the bill is	98038
sent;	98039

(c) Describes the procedure required by division (C)(1) of	98040
this section.	98041

(3) The hospital complies with any additional rules ~~the~~	98042
~~department adopts~~adopted under section ~~5112.03~~5168.02 of the	98043
Revised Code.	98044

Notwithstanding division (B) of this section, a hospital	98045
providing care to an individual under this section is subrogated	98046
to the rights of any individual to receive compensation or	98047
benefits from any person or governmental entity for the hospital	98048
goods and services rendered.	98049

~~(D)~~(C) Each hospital shall collect and report to the	98050
department of medicaid, in the form and manner prescribed by the	98051
department, information on the number and identity of patients	98052
served pursuant to this section.	98053

~~(E)~~(D) This section applies beginning May 22, 1992,	98054
regardless of whether ~~the department has adopted~~ rules specifying	98055
the services to be provided have been adopted. Nothing in this	98056
section alters the scope or limits the obligation of any	98057
governmental entity or program, including the program awarding	98058
reparations to victims of crime under sections 2743.51 to 2743.72	98059
of the Revised Code and the program for medically handicapped	98060
children established under section 3701.023 of the Revised Code,	98061
to pay for hospital services in accordance with state or local	98062
law.	98063

~~Sec. 5112.40.~~ Sec. 5168.20. As used in sections ~~5112.40~~5168.20 to	98064
~~5112.48~~5168.28 of the Revised Code:	98065

(A) "Applicable assessment percentage" means the percentage	98066
specified in rules adopted under section ~~5112.46~~5168.26 of the	98067
Revised Code that is used in calculating a hospital's assessment	98068
under section ~~5112.41~~5168.21 of the Revised Code.	98069

(B) "Assessment program year" means the twelve-month period	98070
beginning the first day of October of a calendar year and ending	98071
the last day of September of the following calendar year.	98072

(C) "Cost reporting period" means the period of time used by	98073
a hospital in reporting costs for purposes of the medicare	98074
program.	98075

(D) "Federal fiscal year" means the twelve-month period	98076
beginning the first day of October of a calendar year and ending	98077
the last day of September of the following calendar year.	98078

(E)(1) Except as provided in division (E)(2) of this section,	98079
"hospital" means a hospital to which any of the following applies:	98080

(a) The hospital is registered under section 3701.07 of the	98081
Revised Code as a general medical and surgical hospital or a	98082
pediatric general hospital and provides inpatient hospital	98083
services, as defined in 42 C.F.R. 440.10.	98084

(b) The hospital is recognized under the medicare program as	98085
a cancer hospital and is exempt from the medicare prospective	98086
payment system.	98087

(c) The hospital is a psychiatric hospital licensed under	98088
section ~~5119.20~~5119.33 of the Revised Code.	98089

(2) "Hospital" does not include either of the following:

98090

(a) A federal hospital;

98091

(b) A hospital that does not charge any of its patients for	98092
its services.	98093

(F) "Hospital care assurance program" means the program	98094
established under sections ~~5112.01~~5168.01 to ~~5112.21~~5168.14 of	98095
the Revised Code.	98096

(G) ~~"Medicaid" has the same meaning as in section 5111.01 of~~	98097
~~the Revised Code.~~	98098

~~(H) "Medicare" means the program established under Title~~	98099
~~XVIII of the Social Security Act.~~	98100

~~(I)~~ "State fiscal year" means the twelve-month period	98101
beginning the first day of July of a calendar year and ending the	98102
last day of June of the following calendar year.	98103

~~(J)~~(H)(1) Except as provided in divisions ~~(J)~~(H)(2) and (3)	98104
of this section, "total facility costs" means the total costs to a	98105
hospital for all care provided to all patients, including the	98106
direct, indirect, and overhead costs to the hospital of all	98107
services, supplies, equipment, and capital related to the care of	98108
patients, regardless of whether patients are enrolled in a health	98109
insuring corporation.	98110

(2) "Total facility costs" excludes all of the following of a	98111
hospital's costs as shown on the cost-reporting data used for	98112
purposes of determining the hospital's assessment under section	98113
~~5112.41~~5168.21 of the Revised Code:	98114

(a) Skilled nursing services provided in distinct-part	98115
nursing facility units;	98116

(b) Home health services;

98117

98118

(d) Ambulance services;

98119

(e) Renting durable medical equipment;

98120

(f) Selling durable medical equipment.

98121

(3) "Total facility costs" excludes any costs excluded from a	98122
hospital's total facility costs pursuant to rules, if any, adopted	98123
under division (B)(1) of section ~~5112.46~~5168.26 of the Revised	98124
Code.	98125

~~Sec. 5112.41.~~ Sec. 5168.21. (A) For the purposes specified in	98126
section ~~5112.45~~5168.25 of the Revised Code and subject to	98127
section ~~5112.48~~5168.28 of the Revised Code, there is hereby	98128
imposed an assessment on all hospitals each assessment program	98129
year. The amount of a hospital's assessment for an assessment	98130
program year shall equal the applicable assessment percentage of	98131
the hospital's total facility costs for the period of time	98132
specified in division (B) of this section. The amount of a	98133
hospital's total facility costs shall be derived from	98134
cost-reporting data for the hospital submitted to the department	98135
of ~~job and family services~~medicaid for purposes of the hospital	98136
care assurance program. If a hospital has not submitted that	98137
cost-reporting data to the department, the amount of a hospital's	98138
total facility costs shall be derived from other financial	98139
statements that the hospital shall provide to the department as	98140
directed by the department. The cost-reporting data or financial	98141
statements used to determine a hospital's assessment is subject to	98142
the same type of adjustments made to the cost-reporting data under	98143
the hospital care assurance program.	98144

(B) The period of time specified in this division is the	98145
hospital's cost reporting period that ends in the state fiscal	98146
year that ends in the federal fiscal year that precedes the	98147
federal fiscal year that precedes the assessment program year for	98148
which the assessment is imposed.	98149

(C) The assessment imposed by this section on a hospital is	98150
in addition to the assessment imposed by section ~~5112.06~~5168.06	98151
of the Revised Code.	98152

~~Sec. 5112.42.~~ Sec. 5168.22. (A) Before or during each assessment	98153
program year, the department of ~~job and family services~~medicaid	98154
shall mail to each hospital by certified mail, return receipt	98155
requested, the preliminary determination of the amount that the	98156
hospital is assessed under section ~~5112.41~~5168.21 of the Revised	98157
Code for the assessment program year. Except as provided in	98158
division (B) of this section, the preliminary determination	98159
becomes the final determination for the assessment program year	98160
fifteen days after the preliminary determination is mailed to the	98161
hospital.	98162

(B) A hospital may request that the department reconsider the	98163
preliminary determination mailed to the hospital under division	98164
(A) of this section by submitting to the department a written	98165
request for a reconsideration not later than fourteen days after	98166
the hospital's preliminary determination is mailed to the	98167
hospital. The request must be accompanied by written materials	98168
setting forth the basis for the reconsideration. On receipt of the	98169
timely request, the department shall reconsider the preliminary	98170
determination and may adjust the preliminary determination on the	98171
basis of the written materials accompanying the request. The	98172
result of the reconsideration is the final determination of the	98173
hospital's assessment under section ~~5112.41~~5168.21 of the Revised	98174
Code for the assessment program year.	98175

(C) The department shall mail to each hospital a written	98176
notice of the final determination of its assessment for the	98177
assessment program year. A hospital may appeal the final	98178
determination to the court of common pleas of Franklin county.	98179
While a judicial appeal is pending, the hospital shall pay, in	98180
accordance with section ~~5112.43~~5168.23 of the Revised Code, any	98181
amount of its assessment that is not in dispute.	98182

~~Sec. 5112.43.~~ Sec. 5168.23. Unless rules adopted under section	98183
~~5112.46~~5168.26 of the Revised Code establish a different payment	98184
schedule, each hospital shall pay the amount it is assessed under	98185
section ~~5112.41~~5168.21 of the Revised Code in accordance with the	98186
following payment schedule:	98187

(A) Twenty-eight per cent of a hospital's assessment is due	98188
on the last business day of October of each assessment program	98189
year.	98190

(B) Thirty-one per cent of a hospital's assessment is due on	98191
the last business day of February of each assessment program year.	98192

(C) Forty-one per cent of a hospital's assessment is due on	98193
the last business day of May of each assessment program year.	98194

~~Sec. 5112.44.~~ Sec. 5168.24. The department of ~~job and family~~	98195
~~services~~medicaid may audit a hospital to ensure that the hospital	98196
properly pays the amount it is assessed under section ~~5112.41~~	98197
5168.21 of the Revised Code. The department shall take action to	98198
recover from a hospital any amount the audit reveals that the	98199
hospital should have paid but did not pay.	98200

~~Sec. 5112.45.~~ Sec. 5168.25. There is hereby created in the state	98201
treasury the hospital assessment fund. All installment payments	98202
made by hospitals under section ~~5112.43~~5168.23 of the Revised	98203
Code and all recoveries the department of ~~job and family services~~	98204
medicaid makes under section ~~5112.44~~5168.24 of the Revised Code	98205
shall be deposited into the fund. All investment earnings of the	98206
fund shall be credited to the fund. The department shall use money	98207
in the fund to pay for the costs of the medicaid program,	98208
including the program's administrative costs.	98209

~~Sec. 5112.46.~~ Sec. 5168.26. (A) The ~~director of job and family~~	98210
~~services shall adopt, amend, and rescind~~medicaid director shall	98211
adopt rules in accordance with Chapter 119. of the Revised Code as	98212
necessary to implement sections ~~5112.40~~5168.20 to ~~5112.48~~5168.28	98213
of the Revised Code, including rules that specify the percentage	98214
of hospitals' total facility costs to be used in calculating	98215
hospitals' assessments under section ~~5112.41~~5168.21 of the	98216
Revised Code.	98217

(B) The rules adopted under this section may do the	98218
following:	98219

(1) Provide that a hospital's total facility costs for the	98220
purpose of the assessment under section ~~5112.41~~5168.21 of the	98221
Revised Code exclude any of the following:	98222

(a) A hospital's costs associated with providing care to	98223
recipients of any of the following:	98224

(i) The medicaid program;

98225

(ii) The medicare program;

98226

(iii) The disability financial assistance program established	98227
under Chapter 5115. of the Revised Code;	98228

(iv) The program for medically handicapped children	98229
established under section 3701.023 of the Revised Code;	98230

(v) Services provided under the maternal and child health	98231
services block grant established under Title V of the "Social	98232
Security Act," 42 U.S.C. 701 et seq.	98233

(b) Any other category of hospital costs the director deems	98234
appropriate under federal law and regulations governing the	98235
medicaid program.	98236

(2) Subject to division (C) of this section, provide for the	98237
percentage of hospitals' total facility costs used in calculating	98238
hospitals' assessments to vary for different hospitals;	98239

(3) To reduce hospitals' cash flow difficulties, establish a	98240
schedule for hospitals to pay their assessments that is different	98241
from the schedule established under section ~~5112.43~~5168.23 of the	98242
Revised Code.	98243

(C) Before adopting rules authorized by division (B)(2) of	98244
this section that establish varied percentages to be used in	98245
calculating hospitals' assessments, the director shall obtain a	98246
waiver from the United States secretary of health and human	98247
services under ~~section 1903(w)(3)(E) of~~ the "Social Security Act,"	98248
~~105 Stat. 1796 (1991)~~section 1903(w)(3)(E), 42 U.S.C.	98249
1396b(w)(3)(E), ~~as amended,~~ if the varied percentages would cause	98250
the assessments to not be imposed uniformly.	98251

~~Sec. 5112.47.~~ Sec. 5168.27. The medicaid director ~~of job and~~	98252
~~family services~~ shall implement the assessment imposed by section	98253
~~5112.41~~5168.21 of the Revised Code in a manner that does not	98254
cause a reduction in federal financial participation for the	98255
medicaid program under the "Social Security Act," section 1903(w),	98256
42 U.S.C. 1396b(w).	98257

~~Sec. 5112.48.~~ Sec. 5168.28. If the United States secretary of	98258
health and human services determines that the assessment imposed	98259
by section ~~5112.41~~5168.21 of the Revised Code is an	98260
impermissible health care-related tax under the "Social Security	98261
Act," section 1903(w), 42 U.S.C. 1396b(w), the medicaid director	98262
~~of job and family services~~ shall take all necessary actions to	98263
cease implementation of sections ~~5112.40~~5168.20 to ~~5112.47~~	98264
5168.27 of the Revised Code and shall promptly refund to each	98265
hospital the amount of money in the hospital assessment fund at	98266
the time the refund is to be made that the hospital paid under	98267
section ~~5112.43~~5168.23 of the Revised Code, plus any	98268
corresponding investment earnings on that amount.	98269

~~Sec. 3721.50.~~ Sec. 5168.40. As used in sections ~~3721.50~~5168.40 to	98270
~~3721.58~~5168.56 of the Revised Code:	98271

(A) "Bed surrender" means the following:

98272

(1) In the case of a nursing home, the removal of a bed from	98273
a nursing home's licensed capacity in a manner that reduces the	98274
total licensed capacity of all nursing homes;	98275

(2) In the case of a hospital, the removal of a hospital bed	98276
from registration under section 3701.07 of the Revised Code as a	98277
skilled nursing facility bed or long-term care bed in a manner	98278
that reduces the total number of hospital beds registered under	98279
that section as skilled nursing facility beds or long-term care	98280
beds.	98281

(B) "Change of operator" means an entering operator becoming	98282
the operator of a nursing home or hospital in the place of the	98283
exiting operator.	98284

(1) Actions that constitute a change of operator include the	98285
following:	98286

(a) A change in an exiting operator's form of legal	98287
organization, including the formation of a partnership or	98288
corporation from a sole proprietorship;	98289

(b) A transfer of all the exiting operator's ownership	98290
interest in the operation of the nursing home or hospital to the	98291
entering operator, regardless of whether ownership of any or all	98292
of the real property or personal property associated with the	98293
nursing home or hospital is also transferred;	98294

(c) A lease of the nursing home or hospital to the entering	98295
operator or the exiting operator's termination of the exiting	98296
operator's lease;	98297

(d) If the exiting operator is a partnership, dissolution of	98298
the partnership;	98299

(e) If the exiting operator is a partnership, a change in	98300
composition of the partnership unless both of the following apply:	98301

(i) The change in composition does not cause the	98302
partnership's dissolution under state law.	98303

(ii) The partners agree that the change in composition does	98304
not constitute a change in operator.	98305

(f) If the operator is a corporation, dissolution of the	98306
corporation, a merger of the corporation into another corporation	98307
that is the survivor of the merger, or a consolidation of one or	98308
more other corporations to form a new corporation.	98309

(2) The following, alone, do not constitute a change of	98310
operator:	98311

(a) A contract for an entity to manage a nursing home or	98312
hospital as the operator's agent, subject to the operator's	98313
approval of daily operating and management decisions;	98314

(b) A change of ownership, lease, or termination of a lease	98315
of real property or personal property associated with a nursing	98316
home or hospital if an entering operator does not become the	98317
operator in place of an exiting operator;	98318

(c) If the operator is a corporation, a change of one or more	98319
members of the corporation's governing body or transfer of	98320
ownership of one or more shares of the corporation's stock, if the	98321
same corporation continues to be the operator.	98322

(C) "Effective date of a change of operator" means the day an	98323
entering operator becomes the operator of a nursing home or	98324
hospital.	98325

(D) "Entering operator" means the person or government entity	98326
that will become the operator of a nursing home or hospital on the	98327
effective date of a change of operator.	98328

(E) "Exiting operator" means an operator that will cease to	98329
be the operator of a nursing home or hospital on the effective	98330
date of a change of operator.	98331

(F) "Franchise permit fee rate" means the ~~following:~~

98332

~~(1) For fiscal year 2012, eleven dollars and forty-seven~~	98333
~~cents;~~	98334

~~(2) For fiscal year 2013 and each fiscal year thereafter,~~	98335
~~eleven dollars and sixty-seven cents~~rate determined in accordance	98336
with section 5168.41 of the Revised Code.	98337

(G) "Hospital" has the same meaning as in section 3727.01 of	98338
the Revised Code.	98339

(H) "Hospital long-term care unit" means any distinct part of	98340
a hospital in which any of the following beds are located:	98341

(1) Beds registered pursuant to section 3701.07 of the	98342
Revised Code as skilled nursing facility beds or long-term care	98343
beds;	98344

(2) Beds licensed as nursing home beds under section 3721.02	98345
or 3721.09 of the Revised Code.	98346

(I) "Indirect guarantee percentage" means the percentage	98347
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	98348
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	98349
1396b(w)(4)(C)(ii), that is to be used in determining whether a	98350
class of providers is indirectly held harmless for any portion of	98351
the costs of a broad-based health-care-related tax. If the	98352
indirect guarantee percentage changes during a fiscal year, the	98353
indirect guarantee percentage is the following:	98354

(1) For the part of the fiscal year before the change takes	98355
effect, the percentage in effect before the change;	98356

(2) For the part of the fiscal year beginning with the date	98357
the indirect guarantee percentage changes, the new percentage.	98358

(J) "Medicaid days" ~~has the same meaning as in section~~	98359
~~5111.01 of the Revised Code.~~	98360

~~(K) "Medicare" means the program established by Title XVIII.~~

98361

~~(L)~~and "~~Nursing~~nursing facility" ~~has~~have the same ~~meaning~~	98362
meanings as in section ~~5111.20~~5165.01 of the Revised Code.	98363

~~(M)~~(K)(1) "Nursing home" means all of the following:

98364

(a) A nursing home licensed under section 3721.02 or 3721.09	98365
of the Revised Code, including any part of a home for the aging	98366
licensed as a nursing home;	98367

(b) A facility or part of a facility, other than a hospital,	98368
that is certified as a skilled nursing facility under Title XVIII;	98369

(c) A nursing facility, other than a portion of a hospital	98370
certified as a nursing facility.	98371

(2) "Nursing home" does not include either of the following:

98372

(a) A county home, county nursing home, or district home	98373
operated pursuant to Chapter 5155. of the Revised Code;	98374

(b) A nursing home maintained and operated by the department	98375
of veterans services under section 5907.01 of the Revised Code.	98376

~~(N)~~(L) "Operator" means the person or government entity	98377
responsible for the daily operating and management decisions for a	98378
nursing home or hospital.	98379

~~(O)~~(M) "Title XIX" means Title XIX of the "Social Security	98380
Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1396~~, as amended~~et seq.	98381

~~(P)~~(N) "Title XVIII" means Title XVIII of the "Social	98382
Security Act," ~~79 Stat. 286 (1965),~~ 42 U.S.C. 1395~~, as amended~~et	98383
seq.	98384

Sec. 5168.41. (A) The franchise permit fee rate shall be	98385
determined for each fiscal year as follows:	98386

(1) Determine the estimated total net patient revenues for	98387
all nursing homes and hospital long-term care units for the fiscal	98388
year;	98389

(2) Multiply the estimated total net patient revenues	98390
determined under division (A)(1) of this section by the lesser of	98391
the following:	98392

(a) The indirect guarantee percentage;

98393

(b) Six per cent.

98394

(3) Divide the product determined under division (A)(2) of	98395
this section by the number of days in the fiscal year;	98396

(4) Determine the sum of the following:

98397

(a) The total number of beds in all nursing homes and	98398
hospital long-term care units that are subject to the franchise	98399
permit fee for the fiscal year;	98400

(b) The total number of nursing home beds that are exempt	98401
from the franchise permit fee for the fiscal year because of the	98402
waiver obtained pursuant to section 5168.43 of the Revised Code.	98403

(5) Divide the quotient determined under division (A)(3) of	98404
this section by the sum determined under division (A)(4) of this	98405
section.	98406

(B) In determining the estimated total net patient revenues	98407
for all nursing homes and hospital long-term care units for a	98408
fiscal year, the department of medicaid shall use at least all of	98409
the following:	98410

(1) Information from medicaid cost reports filed under	98411
section 5165.10 of the Revised Code that are the most recent at	98412
the time the determination is made;	98413

(2) The projected total medicaid payment rates for nursing	98414
facility services for the fiscal year;	98415

(3) The projected total number of medicaid days for the	98416
fiscal year.	98417

~~Sec. 3721.51.~~ Sec. 5168.42. The department of ~~job and family~~	98418
~~services~~medicaid shall do all of the following:	98419

(A) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	98420
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	98421
of this section and for the purposes specified in section ~~3721.56~~	98422
5168.54 of the Revised Code, determine an annual franchise permit	98423
fee on each nursing home in an amount equal to the franchise	98424
permit fee rate multiplied by the product of the following:	98425

(1) The number of beds licensed as nursing home beds, plus	98426
any other beds certified as skilled nursing facility beds under	98427
Title XVIII or nursing facility beds under Title XIX on the first	98428
day of May of the calendar year in which the fee is determined	98429
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	98430
Code;	98431

(2) The number of days in the fiscal year beginning on the	98432
first day of July of the calendar year in which the fee is	98433
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	98434
the Revised Code.	98435

(B) Subject to sections ~~3721.512~~5168.44, ~~3721.513~~5168.45,	98436
and ~~3721.531~~5168.48 of the Revised Code and divisions (C) and (D)	98437
of this section and for the purposes specified in section ~~3721.56~~	98438
5168.54 of the Revised Code, determine an annual franchise permit	98439
fee on each hospital in an amount equal to the franchise permit	98440
fee rate multiplied by the product of the following:	98441

(1) The number of beds registered pursuant to section 3701.07	98442
of the Revised Code as skilled nursing facility beds or long-term	98443
care beds, plus any other beds licensed as nursing home beds under	98444
section 3721.02 or 3721.09 of the Revised Code, on the first day	98445
of May of the calendar year in which the fee is determined	98446
pursuant to division (A) of section ~~3721.53~~5168.47 of the Revised	98447
Code;	98448

(2) The number of days in the fiscal year beginning on the	98449
first day of July of the calendar year in which the fee is	98450
determined pursuant to division (A) of section ~~3721.53~~5168.47 of	98451
the Revised Code.	98452

(C) If the total amount of the franchise permit fee assessed	98453
under divisions (A) and (B) of this section for a fiscal year	98454
exceeds the indirect guarantee percentage of the actual net	98455
patient revenue for all nursing homes and hospital long-term care	98456
units for that fiscal year and seventy-five per cent or more of	98457
the combined total number of nursing homes and hospital long-term	98458
care units receive enhanced medicaid payments or other state	98459
payments equal to seventy-five per cent or more of their total	98460
franchise permit fee assessments, do both of the following:	98461

(1) Recalculate the assessments under divisions (A) and (B)	98462
of this section using a per bed per day rate equal to the indirect	98463
guarantee percentage of actual net patient revenue for all nursing	98464
homes and hospital long-term care units for that fiscal year;	98465

(2) Refund the difference between the amount of the franchise	98466
permit fee assessed for that fiscal year under divisions (A) and	98467
(B) of this section and the amount recalculated under division	98468
(C)(1) of this section as a credit against the assessments imposed	98469
under divisions (A) and (B) of this section for the subsequent	98470
fiscal year.	98471

(D) If the United States centers for medicare and medicaid	98472
services determines that the franchise permit fee established by	98473
sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised Code is	98474
an impermissible health care-related tax under ~~section 1903(w) of~~	98475
the "Social Security Act," ~~49 Stat. 620 (1935)~~section 1903(w), 42	98476
U.S.C. 1396b(w), ~~as amended,~~ take all necessary actions to cease	98477
implementation of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of	98478
the Revised Code in accordance with rules adopted under section	98479
~~3721.58~~5168.56 of the Revised Code.	98480

~~Sec. 3721.511.~~ Sec. 5168.43. (A) Not later than four months after	98481
July 17, 2009, the department of ~~job and family services~~medicaid	98482
shall apply to the United States secretary of health and human	98483
services for a waiver under the "Social Security Act," section	98484
1903(w)(3)(E), 42 U.S.C. 1396b(w)(3)(E), as necessary to do both	98485
of the following regarding the franchise permit fee assessed under	98486
section ~~3721.51~~5168.42 of the Revised Code:	98487

(1) Reduce the franchise permit fee rate to zero dollars for	98488
each nursing home licensed under section 3721.02 or 3721.09 of the	98489
Revised Code to which either of the following applies:	98490

(a) The nursing home:

98491

(i) Is exempt from state taxation under section 140.08 of the	98492
Revised Code or is exempt from state taxation as a home for the	98493
aged as defined in section 5701.13 of the Revised Code;	98494

(ii) Is exempt from federal income taxation under section 501	98495
of the Internal Revenue Code of 1986;	98496

(iii) Does not participate in medicaid or medicare; and

98497

(iv) Provides services for the life of each resident without	98498
regard to the resident's ability to secure payment for the	98499
services.	98500

(b) The nursing home:

98501

(i) Has had a written affiliation agreement with a university	98502
in this state for education and research related to Alzheimer's	98503
disease for each of the twenty years preceding July 17, 2009, and	98504
has such an agreement on July 17, 2009;	98505

(ii) Was constructed pursuant to a certificate of need	98506
granted under Section 3 of Am. Sub. S.B. 256 of the 116th general	98507
assembly; and	98508

(iii) Does not participate in medicaid or medicare.

98509

(2) For each nursing facility with more than two hundred beds	98510
certified as nursing facility beds under Title XIX, reduce the	98511
franchise permit fee rate for a number of the nursing facility's	98512
beds specified by the department to the amount necessary to obtain	98513
approval of the waiver sought under this section.	98514

(B) The effective date of the waiver sought under this	98515
section shall be the first day of the quarter beginning after the	98516
United States secretary approves the waiver.	98517

~~Sec. 3721.512.~~ Sec. 5168.44. If the United States secretary of	98518
health and human services approves the waiver sought under section	98519
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	98520
~~family services~~medicaid shall, for each nursing home and hospital	98521
that qualifies for a reduction of its franchise permit fee rate	98522
under the waiver, reduce the franchise permit fee rate in	98523
accordance with the terms of the waiver. For purposes of the first	98524
fiscal year during which the waiver takes effect, the department	98525
shall determine the amount of the reduction not later than the	98526
effective date of the waiver and shall mail to each nursing home	98527
and hospital qualifying for the reduction notice of the reduction	98528
not later than the last day of the first month of the quarter that	98529
begins after the United States secretary approves the waiver. For	98530
purposes of subsequent fiscal years, the department shall make	98531
such determinations and mail such notices in accordance with	98532
section ~~3721.53~~5168.47 of the Revised Code.	98533

~~Sec. 3721.513.~~ Sec. 5168.45. (A) If the United States secretary of	98534
health and human services approves the waiver sought under section	98535
~~3721.511~~5168.43 of the Revised Code, the department of ~~job and~~	98536
~~family services~~medicaid may do both of the following regarding	98537
the franchise permit fee assessed under section ~~3721.51~~5168.42 of	98538
the Revised Code:	98539

(1) Determine how much money the franchise permit fee would	98540
have raised in a fiscal year if not for the waiver;	98541

(2) For each nursing home and hospital subject to the	98542
franchise permit fee, other than a nursing home or hospital that	98543
has its franchise permit fee rate reduced under section ~~3721.512~~	98544
5168.44 of the Revised Code, uniformly increase the amount of the	98545
franchise permit fee rate for a fiscal year to an amount that will	98546
have the franchise permit fee raise an amount of money that does	98547
not exceed the amount determined under division (A)(1) of this	98548
section for that fiscal year.	98549

(B) If the department increases the franchise permit fee rate	98550
in accordance with division (A) of this section for the first	98551
fiscal year during which the waiver takes effect, the department	98552
shall determine the amount of the increase not later than the	98553
effective date of the waiver and shall mail to each nursing home	98554
and hospital subject to the increase notice of the increase not	98555
later than the last day of the first month of the quarter that	98556
begins after the United States secretary approves the waiver. If	98557
the department increases the franchise permit fee rate in	98558
accordance with division (A) of this section for a subsequent	98559
fiscal year, the department shall make such determinations and	98560
mail such notices in accordance with section ~~3721.53~~5168.47 of	98561
the Revised Code.	98562

~~Sec. 3721.52.~~ Sec. 5168.46. The department of health shall do all	98563
of the following:	98564

(A) For the purpose of the determinations made under	98565
divisions (A) and (B) of section ~~3721.51~~5168.42 of the Revised	98566
Code and not later than the first day of each June, report to the	98567
department of ~~job and family services~~medicaid the following:	98568

(1) For each nursing home, the number of beds in the nursing	98569
home licensed on the preceding first day of May under section	98570
3721.02 or 3721.09 of the Revised Code or certified on that date	98571
under Title XVIII or Title XIX;	98572

(2) For each hospital, the number of beds in the hospital	98573
registered on the preceding first day of May pursuant to section	98574
3701.07 of the Revised Code as skilled nursing facility or	98575
long-term care beds or licensed on that date under section 3721.02	98576
or 3721.09 of the Revised Code as nursing home beds.	98577

(B) For the purpose of the redetermination under section	98578
~~3721.531~~5168.48 of the Revised Code and not later than the	98579
fifteenth day of each January, report to the department of ~~job and~~	98580
~~family services~~medicaid, for each nursing home and hospital, the	98581
number of beds for which a bed surrender occurred during the	98582
period beginning on the first day of May of the preceding calendar	98583
year and ending on the first day of January of the calendar year	98584
in which the redetermination is made.	98585

~~Sec. 3721.53.~~ Sec. 5168.47. (A) Not later than the fifteenth day	98586
of September of each year, the department of ~~job and family~~	98587
~~services~~medicaid shall determine the annual franchise permit fee	98588
for each nursing home and hospital in accordance with section	98589
~~3721.51~~5168.42 of the Revised Code and any adjustments made in	98590
accordance with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of	98591
the Revised Code.	98592

(B) Not later than the first day of October of each year, the	98593
department shall mail to each nursing home and hospital notice of	98594
the amount of the franchise permit fee that has been determined	98595
for the nursing home or hospital.	98596

(C) Subject to section ~~3721.531~~5168.48 of the Revised Code,	98597
each nursing home and hospital shall pay its fee under section	98598
~~3721.51~~5168.42 of the Revised Code, as adjusted in accordance	98599
with sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	98600
Revised Code, to the department in four installment payments not	98601
later than forty-five days after the last day of each October,	98602
December, March, and June.	98603

~~Sec. 3721.531.~~ Sec. 5168.48. (A) Not later than the last day of	98604
February of each year, the department of ~~job and family services~~	98605
medicaid shall redetermine each nursing home's and hospital's	98606
franchise permit fee if one or more bed surrenders occur during	98607
the period beginning on the first day of May of the preceding	98608
calendar year and ending on the first day of January of the	98609
calendar year in which the redetermination is made.	98610

(B) In redetermining nursing homes' and hospitals' franchise	98611
permit fees under this section, the department shall do both of	98612
the following:	98613

(1) Provide for the redetermination to be conducted in a	98614
manner consistent with the terms of the waiver sought under	98615
section ~~3721.511~~5168.43 of the Revised Code;	98616

(2) Recalculate each nursing home's and hospital's franchise	98617
permit fee in accordance with division (A) or (B) of section	98618
~~3721.51~~5168.42 of the Revised Code with the following changes:	98619

(a) In the case of a nursing home or hospital for which one	98620
or more bed surrenders occurred during the period beginning on the	98621
first day of May of the preceding calendar year and ending on the	98622
first day of January of the calendar year in which the	98623
redetermination is made, the number of beds included in the	98624
calculation for the purpose of division (A)(1) or (B)(1) of	98625
section ~~3721.51~~5168.42 of the Revised Code shall exclude the beds	98626
for which bed surrenders occurred during that period.	98627

(b) The number of days used in the calculation under division	98628
(A)(2) or (B)(2) of section ~~3721.51~~5168.42 of the Revised Code	98629
shall be the number of days in the first half of the calendar year	98630
in which the redetermination is made.	98631

(c) The franchise permit fee rate shall reflect adjustments	98632
made under sections ~~3721.512~~5168.44 and ~~3721.513~~5168.45 of the	98633
Revised Code.	98634

(C) Not later than the first day of March of each year, the	98635
department shall mail to each nursing home and hospital notice of	98636
the amount of its redetermined franchise permit fee.	98637

(D) Each nursing home and hospital shall pay its redetermined	98638
fee to the department in two installment payments not later than	98639
forty-five days after the last day of March and June of the	98640
calendar year in which the redetermination is made.	98641

~~Sec. 3721.532.~~ Sec. 5168.49. If a nursing home or hospital	98642
undergoes a change of operator during a fiscal year, the	98643
responsibility for paying the franchise permit fee that was	98644
determined for the nursing home or hospital under section ~~3721.53~~	98645
5168.47 of the Revised Code, or redetermined for the nursing home	98646
or hospital under section ~~3721.531~~5168.48 of the Revised Code,	98647
for that fiscal year shall be divided proportionally. The exiting	98648
operator shall be responsible for paying the amount of the fee	98649
that is for the part of the fiscal year that ends on the day	98650
before the effective date of the change of operator. The entering	98651
operator shall be responsible for paying the amount of the fee	98652
that is for the part of the fiscal year that begins on the	98653
effective date of the change of operator. The department of ~~job~~	98654
~~and family services~~medicaid is not required to mail a notice to	98655
the entering operator regarding the amount of that fiscal year's	98656
fee for which the entering operator is responsible.	98657

~~Sec. 3721.533.~~ Sec. 5168.50. No nursing home or hospital shall	98658
directly bill its residents for the franchise permit fee paid	98659
under section ~~3721.53~~5168.47 or ~~3721.531~~5168.48 of the Revised	98660
Code or otherwise directly pass the fee through to its residents.	98661

~~Sec. 3721.54.~~ Sec. 5168.51. If a nursing home or hospital fails to	98662
pay the full amount of a franchise permit fee installment when	98663
due, the department of ~~job and family services~~medicaid may assess	98664
a five per cent penalty on the amount due for each month or	98665
fraction thereof the installment is overdue.	98666

~~Sec. 3721.541.~~ Sec. 5168.52. (A) In addition to assessing a	98667
penalty pursuant to section ~~3721.54~~5168.51 of the Revised Code,	98668
the department of ~~job and family services~~medicaid may do any of	98669
the following if a nursing facility or hospital fails to pay the	98670
full amount of a franchise permit fee installment when due:	98671

(1) Withhold an amount less than or equal to the installment	98672
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	98673
Code from a medicaid payment due the nursing facility or hospital	98674
until the nursing facility or hospital pays the installment and	98675
penalty;	98676

(2) Offset an amount less than or equal to the installment	98677
and penalty assessed under section ~~3721.54~~5168.51 of the Revised	98678
Code from a ~~Medicaid~~medicaid payment due the nursing facility or	98679
hospital;	98680

(3) Terminate the nursing facility or hospital's medicaid	98681
provider agreement.	98682

(B) The department may offset a medicaid payment under	98683
division (A) of this section without providing notice to the	98684
nursing facility or hospital and without conducting an	98685
adjudication under Chapter 119. of the Revised Code.	98686

~~Sec. 3721.55.~~ Sec. 5168.53. (A) A nursing home or hospital may	98687
appeal the fee assessed under section ~~3721.51~~5168.42 of the	98688
Revised Code, as adjusted under section ~~3721.512~~5168.44 or	98689
~~3721.513~~5168.45 of the Revised Code, and redetermined under	98690
section ~~3721.531~~5168.48 of the Revised Code solely on the grounds	98691
that the department of ~~job and family services~~medicaid committed	98692
a material error in determining or redetermining the amount of the	98693
fee. A request for an appeal must be received by the department	98694
not later than fifteen days after the date the department mails	98695
the notice of the fee and must include written materials setting	98696
forth the basis for the appeal.	98697

(B) If a nursing home or hospital submits a request for an	98698
appeal within the time required under division (A) of this	98699
section, the department ~~of job and family services~~ shall hold a	98700
public hearing in Columbus not later than thirty days after the	98701
date the department receives the request for an appeal. The	98702
department shall, not later than ten days before the date of the	98703
hearing, mail a notice of the date, time, and place of the hearing	98704
to the nursing home or hospital. The department may hear all the	98705
requested appeals in one public hearing.	98706

(C) On the basis of the evidence presented at the hearing or	98707
any other evidence submitted by the nursing home or hospital, the	98708
department may adjust a fee. The department's decision is final.	98709

~~Sec. 3721.56.~~ Sec. 5168.54. (A) There is hereby created in the	98710
state treasury the nursing home franchise permit fee fund. All	98711
payments and penalties paid by nursing homes and hospitals under	98712
sections ~~3721.53~~5168.47, ~~3721.531~~5168.48, and ~~3721.54~~5168.51	98713
of the Revised Code shall be deposited into the fund. The fund	98714
shall also consist of money deposited into it pursuant to sections	98715
3769.08 and 3769.26 of the Revised Code. Subject to division (B)	98716
of section 3769.08 of the Revised Code, the department of ~~job and~~	98717
~~family services~~medicaid shall use the money in the fund to make	98718
medicaid payments to providers of nursing facility services and	98719
providers of home and community-based services. Money in the fund	98720
may also be used for the residential state supplement program	98721
established under section ~~5119.69~~5119.41 of the Revised Code.	98722

(B) Any money remaining in the nursing home franchise permit	98723
fee fund after payments specified in division (A) of this section	98724
are made shall be retained in the fund. Any interest or other	98725
investment proceeds earned on money in the fund shall be credited	98726
to the fund and used to make medicaid payments in accordance with	98727
division (A) of this section.	98728

~~Sec. 3721.57.~~ Sec. 5168.55. The department of ~~job and family~~	98729
~~services~~medicaid may make any investigation it considers	98730
appropriate to obtain information necessary to fulfill its duties	98731
under sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	98732
Code. At the request of the department, the attorney general shall	98733
aid in any such investigations. The attorney general shall	98734
institute and prosecute all necessary actions for the enforcement	98735
of sections ~~3721.50~~5168.40 to ~~3721.58~~5168.56 of the Revised	98736
Code, except that at the request of the attorney general, the	98737
county prosecutor of the county in which a nursing home or	98738
hospital that has failed to comply with sections ~~3721.50~~5168.40	98739
to ~~3721.58~~5168.56 of the Revised Code is located shall institute	98740
and prosecute any necessary action against the nursing home or	98741
hospital.	98742

~~Sec. 3721.58.~~ Sec. 5168.56. The medicaid director ~~of job and~~	98743
~~family services~~ shall adopt rules in accordance with Chapter 119.	98744
of the Revised Code to do both of the following:	98745

(A) Prescribe the actions the department of ~~job and family~~	98746
~~services~~medicaid will take to cease implementation of sections	98747
~~3721.50 through 3721.57~~5168.40 to 5168.56 of the Revised Code if	98748
the United States centers for medicare and medicaid services	98749
determines that the franchise permit fee established by those	98750
sections is an impermissible health-care related tax under ~~section~~	98751
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	98752
section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	98753

(B) Establish any requirements or procedures the director	98754
considers necessary to implement sections ~~3721.50~~5168.40 to	98755
~~3721.58~~5168.56 of the Revised Code.	98756

~~Sec. 5112.30.~~ Sec. 5168.60. As used in sections ~~5112.30~~5168.60 to	98757
~~5112.39~~5168.71 of the Revised Code:	98758

(A) "Franchise permit fee rate" means the following:

98759

(1) For fiscal year ~~2012~~2014, ~~seventeen~~eighteen dollars and	98760
~~ninety-nine~~twenty-four cents;	98761

(2) For fiscal year ~~2013~~2015 and each fiscal year	98762
thereafter, eighteen dollars and ~~thirty-two~~seventeen cents.	98763

(B) "Indirect guarantee percentage" means the percentage	98764
specified in ~~section 1903(w)(4)(C)(ii) of~~ the "Social Security	98765
Act," ~~120 Stat. 2994 (2006)~~section 1903(w)(4)(C)(ii), 42 U.S.C.	98766
1396b(w)(4)(C)(ii), ~~as amended,~~ that is to be used in determining	98767
whether a class of providers is indirectly held harmless for any	98768
portion of the costs of a broad-based health-care-related tax. If	98769
the indirect guarantee percentage changes during a fiscal year,	98770
the indirect guarantee percentage is the following:	98771

(1) For the part of the fiscal year before the change takes	98772
effect, the percentage in effect before the change;	98773

(2) For the part of the fiscal year beginning with the date	98774
the indirect guarantee percentage changes, the new percentage.	98775

(C) "~~Intermediate care facility for the mentally retarded~~	98776
ICF/IID" has the same meaning as in section ~~5111.20~~5124.01 of	98777
the Revised Code~~, except that, until August 1, 2009, it does not~~	98778
~~include any such facility operated by the department of~~	98779
~~developmental disabilities~~.	98780

(D) "~~Medicaid~~Medicaid-certified capacity" has the same	98781
meaning as in section ~~5111.01~~5124.01 of the Revised Code.	98782

(E) "Provider agreement" has the same meaning as in section	98783
5124.01 of the Revised Code.	98784

~~Sec. 5112.31.~~ Sec. 5168.61. The department of ~~job and family~~	98785
~~services~~developmental disabilities shall do all of the	98786
following:	98787

(A) Subject to section ~~5112.331~~5168.64 of the Revised Code	98788
and divisions (B) and (C) of this section and for the purposes	98789
specified in section ~~5112.371~~5168.69 of the Revised Code, assess	98790
for each fiscal year each ~~intermediate care facility for the~~	98791
~~mentally retarded~~ICF/IID a franchise permit fee equal to the	98792
franchise permit fee rate multiplied by the product of the	98793
following:	98794

(1) The ~~number of beds certified under Title XIX of the~~	98795
~~"Social Security Act"~~ICF/IID's medicaid-certified capacity on the	98796
first day of May of the calendar year in which the assessment is	98797
determined pursuant to division (A) of section ~~5112.33~~5168.63 of	98798
the Revised Code;	98799

(2) The number of days in the fiscal year.

98800

(B) If the total amount of the franchise permit fee assessed	98801
under division (A) of this section for a fiscal year exceeds the	98802
indirect guarantee percentage of the actual net patient revenue	98803
for all ~~intermediate care facilities for the mentally retarded~~	98804
ICFs/IID for that fiscal year and seventy-five per cent or more of	98805
the total number of ~~intermediate care facilities for the mentally~~	98806
~~retarded~~ICFs/IID receive enhanced medicaid payments or other	98807
state payments equal to seventy-five per cent or more of their	98808
total franchise permit fee assessments, do both of the following:	98809

(1) Recalculate the assessments under division (A) of this	98810
section using a per bed per day rate equal to the indirect	98811
guarantee percentage of actual net patient revenue for all	98812
~~intermediate care facilities for the mentally retarded~~ICFs/IID	98813
for that fiscal year;	98814

(2) Refund the difference between the amount of the franchise	98815
permit fee assessed for that fiscal year under division (A) of	98816
this section and the amount recalculated under division (B)(1) of	98817
this section as a credit against the assessments imposed under	98818
division (A) of this section for the subsequent fiscal year.	98819

(C) If the United States secretary of health and human	98820
services determines that the franchise permit fee established by	98821
sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the Revised Code	98822
would be an impermissible health care-related tax under ~~section~~	98823
~~1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793 (1991)~~	98824
section 1903(w), 42 U.S.C. 1396b(w), ~~as amended,~~ take all	98825
necessary actions to cease implementation of those sections in	98826
accordance with rules adopted under section ~~5112.39~~5168.71 of the	98827
Revised Code.	98828

~~Sec. 5112.32.~~ Sec. 5168.62. For the purpose of the franchise	98829
permit fee imposed under section ~~5112.31~~5168.61 of the Revised	98830
Code and not later than the first day of each June, the department	98831
of developmental disabilities shall:	98832

~~(A) Not later than August 1, 1993, report to the department~~	98833
~~of job and family services the number of beds in each intermediate~~	98834
~~care facility for the mentally retarded certified on July 1, 1993,~~	98835
~~under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),~~	98836
~~42 U.S.C.A. 301, as amended;~~	98837

~~(B) Not later than June 1, 1994, and the first day of each~~	98838
~~June thereafter,~~ report to the department of ~~job and family~~	98839
~~services~~medicaid the number of beds in each ~~such facility~~	98840
~~certified~~ICF/IID on the preceding first day of May ~~under that~~	98841
~~title~~.	98842

~~Sec. 5112.33.~~ Sec. 5168.63. (A) Not later than the fifteenth day	98843
of August of each year, the department of ~~job and family services~~	98844
developmental disabilities shall determine the annual franchise	98845
permit fee for each ~~intermediate care facility for the mentally~~	98846
~~retarded~~ICF/IID in accordance with section ~~5112.31~~5168.61 of the	98847
Revised Code.	98848

(B) Not later than the first day of September of each year,	98849
the department shall mail to each ~~intermediate care facility for~~	98850
~~the mentally retarded~~ICF/IID notice of the amount of the	98851
franchise permit fee the ~~facility~~ICF/IID has been assessed under	98852
section ~~5112.31~~5168.61 of the Revised Code.	98853

(C) Subject to section ~~5112.331~~5168.64 of the Revised Code,	98854
each ~~intermediate care facility for the mentally retarded~~ICF/IID	98855
shall pay its fee under section ~~5112.31~~5168.61 of the Revised	98856
Code to the department in quarterly installment payments not later	98857
than forty-five days after the last day of each September,	98858
December, March, and June.	98859

~~Sec. 5112.331.~~ Sec. 5168.64. (A) If, during the period beginning	98860
on the first day of May of a calendar year and ending on the first	98861
day of January of the immediately following calendar year, the	98862
operator of an ~~intermediate care facility for the mentally~~	98863
~~retarded~~ICF/IID converts, pursuant to section ~~5111.874~~5124.60	98864
of the Revised Code, one or more of the ~~facility's~~ICF/IID's beds	98865
to providing home and community-based services, the department of	98866
~~job and family services~~developmental disabilities shall do the	98867
following:	98868

(1) If the ~~facility's~~ICF/IID's medicaid certification is	98869
terminated because of the conversion, terminate the ~~facility's~~	98870
ICF/IID's franchise permit fee effective on the first day of the	98871
quarter immediately following the quarter in which the department	98872
receives the notice of the conversion from the director of health;	98873

(2) If the ~~facility's certified~~ICF/IID's medicaid-certified	98874
capacity ~~under medicaid~~ is reduced because of the conversion,	98875
redetermine the ~~facility's~~ICF/IID's franchise permit fee in	98876
accordance with division (B) of this section for the second half	98877
of the fiscal year for which the fee is assessed.	98878

(B)(1) To redetermine an ~~intermediate care facility for the~~	98879
~~mentally retarded's~~ICF/IID's franchise permit fee, the department	98880
shall multiply the franchise permit fee rate by the product of the	98881
following:	98882

(a) The ~~number of the facility's beds that remain certified~~	98883
~~under Title XIX of the "Social Security Act"~~ICF/IID's	98884
medicaid-certified capacity as of the date the conversion takes	98885
effect;	98886

(b) The number of days in the second half of the fiscal year	98887
for which the redetermination is made.	98888

(2) The ~~intermediate care facility for the mentally retarded~~	98889
ICF/IID shall pay its franchise permit fee as redetermined under	98890
division (B)(1) of this section in installment payments not later	98891
than forty-five days after the last day of March and June of the	98892
fiscal year for which the redetermination is made.	98893

~~Sec. 5112.34.~~ Sec. 5168.65. If an ~~intermediate care facility for~~	98894
~~the mentally retarded~~ICF/IID fails to pay the full amount of an	98895
installment when due, the department of ~~job and family services~~	98896
developmental disabilities may assess a five per cent penalty on	98897
the amount due for each month or fraction thereof the installment	98898
is overdue.	98899

~~Sec. 5112.341.~~ Sec. 5168.66. (A) In addition to assessing a	98900
penalty pursuant to section ~~5112.34~~5168.65 of the Revised Code,	98901
the department of ~~job and family services~~developmental	98902
disabilities may do any of the following if an ~~intermediate care~~	98903
~~facility for the mentally retarded~~ICF/IID fails to pay the full	98904
amount of a franchise permit fee installment when due:	98905

(1) Withhold an amount less than or equal to the installment	98906
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	98907
Code from a medicaid payment due the ~~facility~~ICF/IID until the	98908
~~facility~~ICF/IID pays the installment and penalty;	98909

(2) Offset an amount less than or equal to the installment	98910
and penalty assessed under section ~~5112.34~~5168.65 of the Revised	98911
Code from a medicaid payment due the ~~facility~~ICF/IID;	98912

(3) ~~Terminate~~Provide for the department of medicaid to	98913
terminate the ~~facility's medicaid~~ICF/IID's provider agreement.	98914

(B) The department may offset a medicaid payment under	98915
division (A) of this section without providing notice to the	98916
~~intermediate care facility for the mentally retarded~~ICF/IID and	98917
without conducting an adjudication under Chapter 119. of the	98918
Revised Code.	98919

~~Sec. 5112.35.~~ Sec. 5168.67. (A) An ~~intermediate care facility for~~	98920
~~the mentally retarded~~ICF/IID may appeal the franchise permit fee	98921
imposed under section ~~5112.31~~5168.61 of the Revised Code solely	98922
on the grounds that the department of ~~job and family services~~	98923
developmental disabilities committed a material error in	98924
determining the amount of the fee. A request for an appeal must be	98925
received by the department not later than fifteen days after the	98926
date the department mails the notice of the fee and must include	98927
written materials setting forth the basis for the appeal.	98928

(B) If an ~~intermediate care facility for the mentally~~	98929
~~retarded~~ICF/IID submits a request for an appeal within the time	98930
required under division (A) of this section, the department shall	98931
hold a public hearing in Columbus not later than thirty days after	98932
the date the department receives the request for an appeal. The	98933
department shall, not later than ten days before the date of the	98934
hearing, mail a notice of the date, time, and place of the hearing	98935
to the ~~facility~~ICF/IID. The department may hear all requested	98936
appeals in one public hearing.	98937

(C) On the basis of the evidence presented at the hearing or	98938
any other evidence submitted by the ~~intermediate care facility for~~	98939
~~the mentally retarded~~ICF/IID, the department may adjust a fee.	98940
The department's decision is final.	98941

~~Sec. 5112.37.~~ Sec. 5168.68. There is hereby created in the state	98942
treasury the home and community-based services for the mentally	98943
retarded and developmentally disabled fund. All installment	98944
payments and penalties paid by an ~~intermediate care facility for~~	98945
~~the mentally retarded~~ICF/IID under sections ~~5112.33~~5168.63 and	98946
~~5112.34~~5168.65 of the Revised Code shall be deposited into the	98947
fund. As soon as possible after the end of each quarter, the	98948
medicaid director ~~of job and family services~~ shall certify to the	98949
director of budget and management the amount of money that is in	98950
the fund as of the last day of that quarter. On receipt of a	98951
certification, the director of budget and management shall	98952
transfer the amount so certified from the home and community-based	98953
services for the mentally retarded and developmentally disabled	98954
fund to the department of developmental disabilities operating and	98955
services fund created under section ~~5112.371~~5168.69 of the	98956
Revised Code.	98957

~~Sec. 5112.371.~~ Sec. 5168.69. There is hereby created in the state	98958
treasury the department of developmental disabilities operating	98959
and services fund. The fund shall consist of the money transferred	98960
to it under section ~~5112.37~~5168.68 of the Revised Code. The money	98961
in the fund shall be used for the expenses of the programs that	98962
the department of developmental disabilities administers and the	98963
department's administrative expenses.	98964

~~Sec. 5112.38.~~ Sec. 5168.70. The department of ~~job and family~~	98965
~~services~~developmental disabilities may make any investigation it	98966
considers appropriate to obtain information necessary to fulfill	98967
its duties under sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of	98968
the Revised Code. At the request of the department, the attorney	98969
general shall aid in any such investigations. The attorney general	98970
shall institute and prosecute all necessary actions for the	98971
enforcement of sections ~~5112.30~~5168.60 to ~~5112.39~~5168.71 of the	98972
Revised Code, except that at the request of the attorney general,	98973
the county prosecutor of the county in which an ~~intermediate care~~	98974
~~facility for the mentally retarded~~ICF/IID that has failed to	98975
comply with those sections is located shall institute and	98976
prosecute any necessary action against the ~~facility~~ICF/IID.	98977

~~Sec. 5112.39.~~ Sec. 5168.71. ~~The~~To the extent authorized by rules	98978
authorized by section 5162.021 of the Revised Code, the director	98979
of ~~job and family services~~developmental disabilities shall adopt	98980
rules in accordance with Chapter 119. of the Revised Code to do	98981
both of the following:	98982

(A) Prescribe the actions the department of developmental	98983
disabilities will take to cease implementation of sections ~~5112.30~~	98984
5168.60 to ~~5112.39~~5168.71 of the Revised Code if the United	98985
States secretary of health and human services determines that the	98986
franchise permit fee imposed under section ~~5112.31~~5168.61 of the	98987
Revised Code is an impermissible health care-related tax under	98988
~~section 1903(w) of~~ the "Social Security Act," ~~105 Stat. 1793~~	98989
~~(1991)~~section 1903(w), 42 U.S.C. 1396b(w)~~, as amended~~;	98990

(B) Establish any other requirements or procedures the	98991
director considers necessary to implement sections ~~5112.30~~5168.60	98992
to ~~5112.39~~5168.71 of the Revised Code.	98993

~~Sec. 5112.99.~~ Sec. 5168.99. (A) The medicaid director ~~of job and~~	98994
~~family services~~ shall impose a penalty for each day that a	98995
hospital fails to report the information required under section	98996
~~5112.04~~5168.05 of the Revised Code on or before the dates	98997
specified in that section. The amount of the penalty shall be	98998
established by the director in rules adopted under section ~~5112.03~~	98999
5168.02 of the Revised Code.	99000

(B) In addition to any other remedy available to the	99001
department of ~~job and family services~~medicaid under law to	99002
collect unpaid assessments and transfers under sections ~~5112.01~~	99003
5168.01 to ~~5112.21~~5168.14 of the Revised Code, the director	99004
shall impose a penalty of ten per cent of the amount due on any	99005
hospital that fails to pay assessments or make intergovernmental	99006
transfers by the dates required by rules adopted under section	99007
~~5112.03~~5168.02 of the Revised Code.	99008

(C) In addition to any other remedy available to the	99009
department of ~~job and family services~~medicaid under law to	99010
collect unpaid assessments imposed under section ~~5112.41~~5168.21	99011
of the Revised Code, the director shall impose a penalty of ten	99012
per cent of the amount due on any hospital that fails to pay the	99013
assessment by the date it is due.	99014

(D) The director shall waive the penalties provided for in	99015
this section for good cause shown by the hospital.	99016

(E) All penalties imposed under this section shall be	99017
deposited into the health care administration fund created by	99018
section ~~5111.94~~5162.54 of the Revised Code.	99019

~~Sec. 5112.991.~~ Sec. 5168.991. The department of ~~job and family~~	99020
~~services~~medicaid may offset the amount of a hospital's unpaid	99021
penalty imposed under section ~~5112.99~~5168.99 of the Revised Code	99022
from one or more payments due the hospital under the medicaid	99023
program. The total amount that may be offset from one or more	99024
payments shall not exceed the amount of the unpaid penalty.	99025

Sec. 5302.221. (A) As used in this section:

99026

"Estate" has the same meaning as in section ~~5111.11~~5162.21	99027
of the Revised Code.	99028

"Medicaid estate recovery program" means the program	99029
instituted under section ~~5111.11~~5162.21 of the Revised Code.	99030

(B) The administrator of the medicaid estate recovery program	99031
shall prescribe a form on which a beneficiary of a transfer on	99032
death designation affidavit as provided in section 5302.22 of the	99033
Revised Code, who survives the deceased owner of the real property	99034
or an interest in the real property or that is in existence on the	99035
date of death of the deceased owner, or that beneficiary's	99036
representative is to indicate both of the following:	99037

(1) Whether the deceased owner was either of the following:

99038

(a) A decedent subject to the medicaid estate recovery	99039
program;	99040

(b) The spouse of a decedent subject to the medicaid estate	99041
recovery program.	99042

(2) Whether the real property or interest in the real	99043
property was part of the estate of a decedent subject to the	99044
medicaid estate recovery program.	99045

(C) A county recorder shall obtain a properly completed form	99046
prescribed under division (B) of this section from the beneficiary	99047
of a transfer on death designation affidavit or the beneficiary's	99048
representative and send a copy of the form to the administrator of	99049
the medicaid estate recovery program before recording the transfer	99050
of the real property or interest in the real property under	99051
section 5302.222 of the Revised Code.	99052

Sec. 5309.082. (A) As used in this section:

99053

"Estate" has the same meaning as in section ~~5111.11~~5162.21	99054
of the Revised Code.	99055

"Medicaid estate recovery program" means the program	99056
instituted under section ~~5111.11~~5162.21 of the Revised Code.	99057

(B) The administrator of the medicaid estate recovery program	99058
shall prescribe a form on which a surviving tenant under a	99059
survivorship tenancy or such a surviving tenant's representative	99060
is to indicate both of the following:	99061

(1) Whether the deceased survivorship tenant was either of	99062
the following:	99063

(a) A decedent subject to the medicaid estate recovery	99064
program;	99065

(b) The spouse of a decedent subject to the medicaid estate	99066
recovery program.	99067

(2) Whether the registered land under a survivorship tenancy	99068
was part of the estate of a decedent subject to the medicaid	99069
estate recovery program.	99070

(C) A county recorder shall obtain a properly completed form	99071
prescribed under division (B) of this section from the surviving	99072
tenant under a survivorship tenancy or the surviving tenant's	99073
representative and send a copy of the form to the administrator of	99074
the medicaid estate recovery program before registering the title	99075
in the surviving tenants under section 5309.081 of the Revised	99076
Code.	99077

Sec. 5505.12. (A) The state highway patrol retirement board	99078
shall have prepared annually by or under the supervision of an	99079
actuary an actuarial valuation of the pension assets, liabilities,	99080
and funding requirements of the state highway patrol retirement	99081
system as established pursuant to this chapter. The actuary shall	99082
complete the valuation in accordance with actuarial standards of	99083
practice promulgated by the actuarial standards board of the	99084
American academy of actuaries and prepare a report of the	99085
valuation. The report shall include all of the following:	99086

(1) A summary of the benefit provisions evaluated;

99087

(2) A summary of the census data and financial information	99088
used in the valuation;	99089

(3) A description of the actuarial assumptions, actuarial	99090
cost method, and asset valuation method used in the valuation,	99091
including a statement of the assumed rate of payroll growth and	99092
assumed rate of growth or decline in the number of members	99093
contributing to the retirement system;	99094

(4) A summary of findings that includes a statement of the	99095
actuarial accrued pension liabilities and unfunded actuarial	99096
accrued pension liabilities;	99097

(5) A schedule showing the effect of any changes in the	99098
benefit provisions, actuarial assumptions, or cost methods since	99099
the last annual actuarial valuation;	99100

(6) A statement of whether contributions to the retirement	99101
system are expected to be sufficient to satisfy the funding	99102
objectives established by the board.	99103

The board shall submit the report to the Ohio retirement	99104
study council, the director of budget and management, and the	99105
standing committees of the house of representatives and the senate	99106
with primary responsibility for retirement legislation immediately	99107
upon its availability and not later than the first day of July	99108
following the year for which the valuation was made.	99109

(B) At such times as the state highway patrol retirement	99110
board determines, and at least once in each five-year period after	99111
January 1, 1966, the board shall have prepared by or under the	99112
supervision of an actuary an actuarial investigation of the	99113
mortality, service, and other experience of the members,	99114
retirants, and beneficiaries to update the actuarial assumptions	99115
used in the actuarial valuation required by division (A) of this	99116
section. The actuary shall prepare a report of the actuarial	99117
investigation. The report shall be prepared and any recommended	99118
changes in actuarial assumptions shall be made in accordance with	99119
the actuarial standards of practice promulgated by the actuarial	99120
standards board of the American academy of actuaries. The report	99121
shall include all of the following:	99122

(1) A summary of relevant decrement and economic assumption	99123
experience observed over the period of the investigation;	99124

(2) Recommended changes in actuarial assumptions to be used	99125
in subsequent actuarial valuations required by division (A) of	99126
this section;	99127

(3) A measurement of the financial effect of the recommended	99128
changes in actuarial assumptions;	99129

(4) If the investigation required by this division includes	99130
the investigation required by division (F) of this section, a	99131
report of the result of that investigation.	99132

The board shall submit the report to the Ohio retirement	99133
study council and the standing committees of the house of	99134
representatives and the senate with primary responsibility for	99135
retirement legislation not later than the first day of November	99136
following the last fiscal year of the period the report covers.	99137

(C) The board may at any time request the actuary to make any	99138
studies or actuarial valuations to determine the adequacy of the	99139
rates of contributions provided by section 5505.15 of the Revised	99140
Code.	99141

(D) The board shall have prepared by or under the supervision	99142
of an actuary an actuarial analysis of any introduced legislation	99143
expected to have a measurable financial impact on the retirement	99144
system. The actuarial analysis shall be completed in accordance	99145
with the actuarial standards of practice promulgated by the	99146
actuarial standards board of the American academy of actuaries.	99147
The actuary shall prepare a report of the actuarial analysis,	99148
which shall include all of the following:	99149

(1) A summary of the statutory changes that are being	99150
evaluated;	99151

(2) A description of or reference to the actuarial	99152
assumptions and actuarial cost method used in the report;	99153

(3) A description of the participant group or groups included	99154
in the report;	99155

(4) A statement of the financial impact of the legislation,	99156
including the resulting increase, if any, in the employer normal	99157
cost percentage; the increase, if any, in actuarial accrued	99158
liabilities; and the per cent of payroll that would be required to	99159
amortize the increase in actuarial accrued liabilities as a level	99160
per cent of covered payroll for all active members over a period	99161
not to exceed thirty years;	99162

(5) A statement of whether the scheduled contributions to the	99163
system after the proposed change is enacted are expected to be	99164
sufficient to satisfy the funding objectives established by the	99165
board.	99166

Not later than sixty days from the date of introduction of	99167
the legislation, the board shall submit a copy of the actuarial	99168
analysis to the legislative service commission, the standing	99169
committees of the house of representatives and the senate with	99170
primary responsibility for retirement legislation, and the Ohio	99171
retirement study council.	99172

(E) The board shall have prepared annually a report giving a	99173
full accounting of the revenues and costs relating to the	99174
provision of benefits under section 5505.28 of the Revised Code.	99175
The report shall be made as of December 31, 1997, and the	99176
thirty-first day of December of each year thereafter. The report	99177
shall include the following:	99178

(1) A description of the statutory authority for the benefits	99179
provided;	99180

(2) A summary of the benefits;

99181

(3) A summary of the eligibility requirements for the	99182
benefits;	99183

(4) A statement of the number of participants eligible for	99184
the benefits;	99185

(5) A description of the accounting, asset valuation, and	99186
funding method used to provide the benefits;	99187

(6) A statement of the net assets available for the provision	99188
of the benefits as of the last day of the fiscal year;	99189

(7) A statement of any changes in the net assets available	99190
for the provision of benefits, including participant and employer	99191
contributions, net investment income, administrative expenses, and	99192
benefits provided to participants, as of the last day of the	99193
fiscal year;	99194

(8) For the last six consecutive fiscal years, a schedule of	99195
the net assets available for the benefits, the annual cost of	99196
benefits, administrative expenses incurred, and annual employer	99197
contributions allocated for the provision of benefits;	99198

(9) A description of any significant changes that affect the	99199
comparability of the report required under this division;	99200

(10) A statement of the amount paid under division (B) of	99201
section 5505.28 of the Revised Code.	99202

The board shall submit the report to the Ohio retirement	99203
study council, the director of budget and management, and the	99204
standing committees of the house of representatives and the senate	99205
with primary responsibility for retirement legislation immediately	99206
upon its availability and not later than the thirtieth day of June	99207
following the year for which the report was made.	99208

(F) At least once in each five-year period, the board shall	99209
have prepared by or under the supervision of an actuary an	99210
actuarial investigation of the deferred retirement option plan	99211
established under section 5505.50 of the Revised Code. The	99212
investigation shall include an examination of the financial	99213
impact, if any, on the retirement system of offering the plan to	99214
members.	99215

The actuary shall prepare a report of the actuarial	99216
investigation. The report shall include a determination of whether	99217
the plan, as established or modified, has a negative financial	99218
impact on the retirement system and, if so, recommendations on how	99219
to modify the plan to eliminate the negative financial impact. If	99220
the actuarial report indicates that the plan has a negative	99221
financial impact on the retirement system, the board shall modify	99222
the plan. If the board modifies the plan, the rights and	99223
obligations of members who have already elected to participate	99224
shall not be altered.	99225

The state's contributions to the employer accumulation fund	99226
shall not be increased to offset any negative financial impact of	99227
the deferred retirement option plan.	99228

The board may include the actuarial investigation required	99229
under this division as part of the actuarial investigation	99230
required under division (B) of this section. If the report of the	99231
actuarial investigation required by this division is not included	99232
in the report required by division (B) of this section, the board	99233
shall submit the report required by this division to the Ohio	99234
retirement study council and the standing committees of the house	99235
of representatives and the senate with primary responsibility for	99236
retirement legislation not later than the first day of November	99237
following the last fiscal year of the period the report covers.	99238

Sec. 5507.46. (A) Prior to January 1, 2014:

99239

(1) A wireless service provider or reseller, not later than	99240
the last day of each month, shall remit the full amount of all	99241
wireless 9-1-1 charges it collected under division (A) of section	99242
5507.42 of the Revised Code for the second preceding calendar	99243
month to the Ohio 9-1-1 coordinator, with the exception of charges	99244
equivalent to the amount authorized as a billing and collection	99245
fee under division (A)(2) of this section. In doing so, the	99246
provider or reseller may remit the requisite amount in any	99247
reasonable manner consistent with its existing operating or	99248
technological capabilities, such as by customer address, location	99249
associated with the wireless telephone number, or another	99250
allocation method based on comparable, relevant data. If the	99251
wireless service provider or reseller receives a partial payment	99252
for a bill from a wireless service subscriber, the wireless	99253
service provider or reseller shall apply the payment first against	99254
the amount the subscriber owes the wireless service provider or	99255
reseller and shall remit to the coordinator such lesser amount, if	99256
any, as results from that invoice.	99257

(2) A wireless service provider or reseller may retain as a	99258
billing and collection fee two per cent of the total wireless	99259
9-1-1 charges it collects in a month and shall account to the	99260
coordinator for the amount retained.	99261

(3) The coordinator shall return to, or credit against the	99262
next month's remittance of, a wireless service provider or	99263
reseller the amount of any remittances the coordinator determines	99264
were erroneously submitted by the provider or reseller.	99265

(B) Beginning January 1, 2014:

99266

(1) Each seller of a prepaid wireless calling service,	99267
wireless service provider, and reseller shall, on or before the	99268
twenty-third day of each month, except as provided in divisions	99269
(B)(2) and (3) of this section, do both of the following:	99270

(a) Make and file a return for the preceding month, in the	99271
form prescribed by the tax commissioner, showing the amount of the	99272
wireless 9-1-1 charges due under section 5507.42 of the Revised	99273
Code for that month;	99274

(b) Remit the full amount due, as shown on the return, with	99275
the exception of charges equivalent to the amount authorized as a	99276
collection fee under division (B)(4) of this section.	99277

(2) The commissioner may grant one or more thirty-day	99278
extensions for making and filing returns and remitting amounts	99279
due.	99280

(3) If a seller is required to collect prepaid wireless 9-1-1	99281
charges in amounts that do not merit monthly returns, the	99282
commissioner may authorize the seller to make and file returns	99283
less frequently. The commissioner shall ascertain whether this	99284
authorization is warranted upon the basis of administrative costs	99285
to the state.	99286

(4) A wireless service provider, reseller, and seller may	99287
each retain as a collection fee three per cent of the total	99288
wireless 9-1-1 charges required to be collected under section	99289
5507.42 of the Revised Code, and shall account to the tax	99290
commissioner for the amount retained.	99291

(5) The return required under division (B)(1)(a) of this	99292
section shall be filed electronically using the Ohio business	99293
gateway, as defined in section 718.051 of the Revised Code, the	99294
Ohio telefile system, or any other electronic means prescribed by	99295
the tax commissioner. Remittance of the amount due shall be made	99296
electronically in a manner approved by the commissioner. A	99297
wireless service provider, reseller, or seller may apply to the	99298
commissioner on a form prescribed by the commissioner to be	99299
excused from either electronic requirement of this division. For	99300
good cause shown, the commissioner may excuse the provider,	99301
reseller, or seller from either or both of the requirements and	99302
may permit the provider, reseller, or seller to file returns or	99303
make remittances by nonelectronic means.	99304

(C)(1) Prior to January 1, 2014, each subscriber on which a	99305
wireless 9-1-1 charge is imposed under division (A) of section	99306
5507.42 of the Revised Code is liable to the state for the amount	99307
of the charge. If a wireless service provider or reseller fails to	99308
collect the charge under that division from a subscriber of	99309
prepaid wireless service, or fails to bill any other subscriber	99310
for the charge, the wireless service provider or reseller is	99311
liable to the state for the amount not collected or billed. If a	99312
wireless service provider or reseller collects charges under that	99313
division and fails to remit the money to the coordinator, the	99314
wireless service provider or reseller is liable to the state for	99315
any amount collected and not remitted.	99316

(2) Beginning January 1, 2014:

99317

(a) Each subscriber or consumer on which a wireless 9-1-1	99318
charge is imposed under section 5507.42 of the Revised Code is	99319
liable to the state for the amount of the charge. If a wireless	99320
service provider or reseller fails to bill or collect the charge,	99321
or if a seller fails to collect the charge, the provider,	99322
reseller, or seller is liable to the state for the amount not	99323
billed or collected. If a provider, reseller, or seller fails to	99324
remit money to the tax commissioner as required under this	99325
section, the provider, reseller, or seller is liable to the state	99326
for the amount not remitted, regardless of whether the amount was	99327
collected.	99328

(b) No provider of a prepaid wireless calling service shall	99329
be liable to the state for any wireless 9-1-1 charge imposed under	99330
division (B)(1) of section 5507.42 of the Revised Code that was	99331
not collected or remitted.	99332

(D) Prior to January 1, 2014:

99333

(1) If the public utilities commission has reason to believe	99334
that a wireless service provider or reseller has failed to bill,	99335
collect, or remit the wireless 9-1-1 charge as required by	99336
divisions (A)(1) and (C)(1) of this section or has retained more	99337
than the amount authorized under division (A)(2) of this section,	99338
and after written notice to the provider or reseller, the	99339
commission may audit the provider or reseller for the sole purpose	99340
of making such a determination. The audit may include, but is not	99341
limited to, a sample of the provider's or reseller's billings,	99342
collections, remittances, or retentions for a representative	99343
period, and the commission shall make a good faith effort to reach	99344
agreement with the provider or reseller in selecting that sample.	99345

(2) Upon written notice to the wireless service provider or	99346
reseller, the commission, by order after completion of the audit,	99347
may make an assessment against the provider or reseller if,	99348
pursuant to the audit, the commission determines that the provider	99349
or reseller has failed to bill, collect, or remit the wireless	99350
9-1-1 charge as required by divisions (A)(1) and (C)(1) of this	99351
section or has retained more than the amount authorized under	99352
division (A)(2) of this section. The assessment shall be in the	99353
amount of any remittance that was due and unpaid on the date	99354
notice of the audit was sent by the commission to the provider or	99355
reseller or, as applicable, in the amount of the excess amount	99356
under division (A)(2) of this section retained by the provider or	99357
reseller as of that date.	99358

(3) The portion of any assessment not paid within sixty days	99359
after the date of service by the commission of the assessment	99360
notice under division (D)(2) of this section shall bear interest	99361
from that date until paid at the rate per annum prescribed by	99362
section 5703.47 of the Revised Code. That interest may be	99363
collected by making an assessment under division (D)(2) of this	99364
section. An assessment under this division and any interest due	99365
shall be remitted in the same manner as the wireless 9-1-1 charge	99366
imposed under division (A) of section 5507.42 of the Revised Code.	99367

(4) An assessment is final and due and payable and shall be	99368
remitted to the commission unless the assessed party petitions for	99369
rehearing under section 4903.10 of the Revised Code. The	99370
proceedings of the commission specified in division (D)(4) of this	99371
section are subject to and governed by Chapter 4903. of the	99372
Revised Code, except that the court of appeals of Franklin county	99373
has exclusive, original jurisdiction to review, modify, or vacate	99374
an order of the commission under division (D)(2) of this section.	99375
The court shall hear and determine such appeal in the same manner	99376
and under the same standards as the Ohio supreme court hears and	99377
determines appeals under Chapter 4903. of the Revised Code.	99378

The judgment of the court of appeals is final and conclusive	99379
unless reversed, vacated, or modified on appeal. Such an appeal	99380
may be made by the commission or the person to whom the order	99381
under division (D)(2) of this section was issued and shall proceed	99382
as in the case of appeals in civil actions as provided in Chapter	99383
2505. of the Revised Code.	99384

(5) After an assessment becomes final, if any portion of the	99385
assessment remains unpaid, including accrued interest, a certified	99386
copy of the commission's entry making the assessment final may be	99387
filed in the office of the clerk of the court of common pleas in	99388
the county in which the place of business of the assessed party is	99389
located. If the party maintains no place of business in this	99390
state, the certified copy of the entry may be filed in the office	99391
of the clerk of the court of common pleas of Franklin county.	99392
Immediately upon the filing, the clerk shall enter a judgment for	99393
the state against the assessed party in the amount shown on the	99394
entry. The judgment may be filed by the clerk in a loose-leaf book	99395
entitled "special judgments for wireless 9-1-1 charges" and shall	99396
have the same effect as other judgments. The judgment shall be	99397
executed upon the request of the commission.	99398

(6) An assessment under this division does not discharge a	99399
subscriber's liability to reimburse the provider or reseller for	99400
the wireless 9-1-1 charge imposed under division (A) of section	99401
5507.42 of the Revised Code. If, after the date of service of the	99402
audit notice under division (D)(1) of this section, a subscriber	99403
pays a wireless 9-1-1 charge for the period covered by the	99404
assessment, the payment shall be credited against the assessment.	99405

(7) All money collected by the commission under division (D)	99406
of this section shall be paid to the treasurer of state, for	99407
deposit to the credit of the wireless 9-1-1 government assistance	99408
fund.	99409

(E) Beginning January 1, 2014:

99410

(1) If the tax commissioner has reason to believe that a	99411
wireless service provider, reseller, or seller has failed to bill,	99412
collect, or remit the wireless 9-1-1 charge as required by this	99413
section and section 5507.42 of the Revised Code or has retained	99414
more than the amount authorized under division (B)(4) of this	99415
section, and after written notice to the provider, reseller, or	99416
seller, the tax commissioner may audit the provider, reseller, or	99417
seller for the sole purpose of making such a determination. The	99418
audit may include, but is not limited to, a sample of the	99419
provider's, reseller's, or seller's billings, collections,	99420
remittances, or retentions for a representative period, and the	99421
tax commissioner shall make a good faith effort to reach agreement	99422
with the provider, reseller, or seller in selecting that sample.	99423

(2) Upon written notice to the wireless service provider,	99424
reseller, or seller, the tax commissioner, after completion of the	99425
audit, may make an assessment against the provider, reseller, or	99426
seller if, pursuant to the audit, the tax commissioner determines	99427
that the provider, reseller, or seller has failed to bill,	99428
collect, or remit the wireless 9-1-1 charge as required by this	99429
section and section 5507.42 of the Revised Code or has retained	99430
more than the amount authorized under division (B)(4) of this	99431
section. The assessment shall be in the amount of any remittance	99432
that was due and unpaid on the date notice of the audit was sent	99433
by the tax commissioner to the provider, reseller, or seller or,	99434
as applicable, in the amount of the excess amount under division	99435
(B)(4) of this section retained by the provider, reseller, or	99436
seller as of that date.	99437

(3) The portion of any assessment consisting of wireless	99438
9-1-1 charges due and not paid within sixty days after the date of	99439
~~service by the tax commissioner of~~that the assessment ~~notice~~was	99440
made under division (E)(2) of this section shall bear interest	99441
from that date until paid at the rate per annum prescribed by	99442
section 5703.47 of the Revised Code. That interest may be	99443
collected by making an assessment under division (E)(2) of this	99444
section. ~~An assessment under this division and any interest due~~	99445
~~shall be remitted in the same manner as the wireless 9-1-1 charges~~	99446
~~imposed under section 5507.42 of the Revised Code.~~	99447

(4) ~~The portion of the assessment not paid within sixty days~~	99448
~~after the day the assessment was issued shall bear interest at the~~	99449
~~rate per annum prescribed by section 5703.47 of the Revised Code~~	99450
~~from the day the commissioner issues the assessment until it is~~	99451
~~paid. Interest shall be remitted in the same manner as the 9-1-1~~	99452
~~charges and may be collected by the issuance of an assessment~~	99453
~~under division (E) of this section.~~	99454

~~(5)~~ Unless the provider, reseller, or seller assessed files	99455
with the tax commissioner within sixty days after service of the	99456
notice of assessment, either personally or by certified mail, a	99457
written petition for reassessment, signed by the party assessed or	99458
that party's authorized agent having knowledge of the facts, the	99459
assessment shall become final and the amount of the assessment	99460
shall be due and payable from the party assessed to the treasurer	99461
of state, for deposit to the next generation 9-1-1 fund, which is	99462
created under section 5507.54 of the Revised Code. The petition	99463
shall indicate the objections of the party assessed, but	99464
additional objections may be raised in writing if received by the	99465
commissioner prior to the date shown on the final determination.	99466
If the petition has been properly filed, the commissioner shall	99467
proceed under section 5703.60 of the Revised Code.	99468

~~(6)~~(5) After an assessment becomes final, if any portion of	99469
the assessment remains unpaid, including accrued interest, a	99470
certified copy of the final assessment may be filed in the office	99471
of the clerk of the court of common pleas in the county in which	99472
the business of the assessed party is conducted. If the party	99473
assessed maintains no place of business in this state, the	99474
certified copy of the final assessment may be filed in the office	99475
of the clerk of the court of common pleas of Franklin county.	99476
Immediately upon the filing, the clerk shall enter a judgment for	99477
the state against the assessed party in the amount shown on the	99478
final assessment. The judgment may be filed by the clerk in a	99479
loose-leaf book entitled "special judgments for wireless 9-1-1	99480
charges" and shall have the same effect as other judgments. The	99481
judgment shall be executed upon the request of the tax	99482
commissioner.	99483

~~(7)~~(6) If the commissioner determines that the commissioner	99484
erroneously has refunded a wireless 9-1-1 charge to any person,	99485
the commissioner may make an assessment against that person for	99486
recovery of the erroneously refunded charge.	99487

~~(8)~~(7) An assessment under division (E) of this section does	99488
not discharge a subscriber's or consumer's liability to reimburse	99489
the provider, reseller, or seller for a wireless 9-1-1 charge. If,	99490
after the date of service of the audit notice under division	99491
(E)(1) of this section, a subscriber or consumer pays a wireless	99492
9-1-1 charge for the period covered by the assessment, the payment	99493
shall be credited against the assessment.	99494

Sec. 5511.03. The director of transportation shall examine	99495
the existing highway facilities serving the several hospitals,	99496
educational institutions, and correctional and other similar	99497
institutions belonging to the state, and located outside municipal	99498
corporations. Where the director finds that any such state	99499
institution is not located on a state highway or connected with a	99500
highway by a suitable road, affording in its present condition	99501
adequate transportation facilities to those having occasion to	99502
visit such institution, the director may establish a state highway	99503
leading to such institution from a convenient point on an existing	99504
highway. Where the director finds that any such institution is not	99505
served by adequate highway facilities connecting it with the	99506
railroad delivery point from which it principally obtains fuel,	99507
provisions, and supplies, the director may establish a highway	99508
connecting such institution and railroad delivery point.	99509
Limitations imposed on the mileage of state highways shall not	99510
apply to highways established under this section.	99511

The director may construct at state expense all highways	99512
established under authority of this section and pay the entire	99513
cost thereof from the state highway operating fund. Such highways	99514
shall be maintained by the department of transportation and the	99515
cost shall be paid from the highway operating fund of the	99516
department.	99517

The directors of transportation, ~~mental health~~mental health	99518
and addiction services, developmental disabilities, and	99519
rehabilitation and correction may cooperate in the establishment,	99520
construction, reconstruction, maintenance, and repair of roads	99521
within the limits of state institutions. The cost shall be paid	99522
from funds appropriated for highway purposes and from the funds	99523
appropriated to the department of ~~mental health~~mental health and	99524
addiction services, department of developmental disabilities, or	99525
the department of rehabilitation and correction for capital	99526
improvements or maintenance in such proportion as may be agreed	99527
upon by the directors of transportation, ~~mental health~~mental	99528
health and addiction services, developmental disabilities, and	99529
rehabilitation and correction.	99530

Sec. 5701.13. (A) As used in this section:

99531

(1) "Nursing home" means a nursing home or a home for the	99532
aging, as those terms are defined in section 3721.01 of the	99533
Revised Code, that is issued a license pursuant to section 3721.02	99534
of the Revised Code.	99535

(2) "Residential care facility" means a residential care	99536
facility, as defined in section 3721.01 of the Revised Code, that	99537
is issued a license pursuant to section 3721.02 of the Revised	99538
Code.	99539

(3) "Residential facility" means a residential facility	99540
licensed under section ~~5119.22~~5119.34 of the Revised Code that	99541
provides accommodations, supervision, and personal care services	99542
for three to sixteen unrelated adults.	99543

(B) As used in Title LVII of the Revised Code, and for the	99544
purpose of other sections of the Revised Code that refer	99545
specifically to Chapter 5701. or section 5701.13 of the Revised	99546
Code, a "home for the aged" means either of the following:	99547

(1) A place of residence for aged and infirm persons that	99548
satisfies divisions (B)(1)(a) to (e) of this section:	99549

(a) It is a nursing home, residential care facility, or	99550
residential facility.	99551

(b) It is owned by a corporation, unincorporated nonprofit	99552
association, or trust of a charitable, religious, or fraternal	99553
nature, that is organized and operated not for profit, is not	99554
formed for the pecuniary gain or profit of, and whose net earnings	99555
or any part of whose net earnings is not distributable to, its	99556
members, trustees, officers, or other private persons, and is	99557
exempt from federal income taxation under section 501 of the	99558
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	99559

(c) It is open to the public without regard to race, color,	99560
or national origin.	99561

(d) It does not pay, directly or indirectly, compensation for	99562
services rendered, interest on debts incurred, or purchase price	99563
for land, building, equipment, supplies, or other goods or	99564
chattels, which compensation, interest, or purchase price is	99565
unreasonably high.	99566

(e) It provides services for the life of each resident	99567
without regard to the resident's ability to continue payment for	99568
the full cost of the services.	99569

(2) A place of residence that satisfies divisions (B)(1)(b),	99570
(d), and (e) of this section; that satisfies the definition of	99571
"nursing home" or "residential care facility" under section	99572
3721.01 of the Revised Code or the definition of "residential	99573
facility" under division (A)(3) of this section regardless of	99574
whether it is licensed as such a home or facility; and that is	99575
provided at no charge to individuals on account of their service	99576
without compensation to a charitable, religious, fraternal, or	99577
educational institution, which individuals are aged or infirm and	99578
are members of the corporation, association, or trust that owns	99579
the place of residence. For the purposes of division (B)(2) of	99580
this section, "compensation" does not include furnishing room and	99581
board, clothing, health care, or other necessities, or stipends or	99582
other de minimis payments to defray the cost thereof.	99583

Exemption from taxation shall be accorded, on proper	99584
application, only to those homes or parts of homes that meet the	99585
standards and provide the services specified in this section.	99586

Nothing in this section shall be construed as preventing a	99587
home from requiring a resident with financial need to apply for	99588
any applicable financial assistance or requiring a home to retain	99589
a resident who willfully refuses to pay for services for which the	99590
resident has contracted even though the resident has sufficient	99591
resources to do so.	99592

(C)(1) If a corporation, unincorporated nonprofit	99593
association, or trust described in division (B)(1)(b) of this	99594
section is granted a certificate of need pursuant to section	99595
3702.52 of the Revised Code to construct, add to, or otherwise	99596
modify a nursing home, or is given approval pursuant to section	99597
3791.04 of the Revised Code to construct, add to, or otherwise	99598
modify a residential care facility or residential facility and if	99599
the corporation, association, or trust submits an affidavit to the	99600
tax commissioner stating that, commencing on the date of licensure	99601
and continuing thereafter, the home or facility will be operated	99602
in accordance with the requirements of divisions (B)(1)(a) to (e)	99603
of this section, the corporation, association, or trust shall be	99604
considered to be operating a "home for the aged" within the	99605
meaning of division (B)(1) of this section, beginning on the first	99606
day of January of the year in which such certificate is granted or	99607
approval is given.	99608

(2) If a corporation, association, or trust is considered to	99609
be operating a "home for the aged" pursuant to division (C)(1) of	99610
this section, the corporation, association, or trust shall notify	99611
the tax commissioner in writing upon the occurrence of any of the	99612
following events:	99613

(a) The corporation, association, or trust no longer intends	99614
to complete the construction of, addition to, or modification of	99615
the home or facility, to obtain the appropriate license for the	99616
home or facility, or to commence operation of the home or facility	99617
in accordance with the requirements of divisions (B)(1)(a) to (e)	99618
of this section;	99619

(b) The certificate of approval referred to in division	99620
(C)(1) of this section expires, is revoked, or is otherwise	99621
terminated prior to the completion of the construction of,	99622
addition to, or modification of the home or facility;	99623

(c) The license to operate the home or facility is not	99624
granted by the director of health within one year following	99625
completion of the construction of, addition to, or modification of	99626
the home or facility;	99627

(d) The license to operate the home or facility is not	99628
granted by the director of health within four years following the	99629
date upon which the certificate or approval referred to in	99630
division (C)(1) of this section was granted or given;	99631

(e) The home or facility is granted a license to operate as a	99632
nursing home, residential care facility, or residential facility.	99633

(3) Upon the occurrence of any of the events referred to in	99634
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	99635
corporation, association, or trust shall no longer be considered	99636
to be operating a "home for the aged" pursuant to division (C)(1)	99637
of this section, except that the tax commissioner, for good cause	99638
shown and to the extent the commissioner considers appropriate,	99639
may extend the time period specified in division (C)(2)(c) or (d)	99640
of this section, or both. Nothing in division (C)(3) of this	99641
section shall be construed to prevent a nursing home, residential	99642
care facility, or residential facility from qualifying as a "home	99643
for the aged" if, upon proper application made pursuant to	99644
division (B) of this section, it is found to meet the requirements	99645
of divisions (A) and (B) of this section.	99646

Sec. 5703.02. There is hereby created the board of tax	99647
appeals, which shall exercise the following powers and perform the	99648
following duties:	99649

(A) Exercise the authority provided by law to hear and	99650
determine all appeals of questions of law and fact arising under	99651
the tax laws of this state in appeals from decisions, orders,	99652
determinations, or actions of any tax administrative agency	99653
established by the law of this state, including but not limited to	99654
appeals from:	99655

(1) Actions of county budget commissions;

99656

(2) Decisions of county boards of revision;

99657

(3) Actions of any assessing officer or other public official	99658
under the tax laws of this state;	99659

(4) Final determinations by the tax commissioner of any	99660
preliminary, amended, or final tax assessments, reassessments,	99661
valuations, determinations, findings, computations, or orders made	99662
by ~~him~~the tax commissioner;	99663

(5) Adoption and promulgation of rules of the tax	99664
commissioner.	99665

(B) Appoint a secretary of the board of tax appeals, who	99666
shall serve in the unclassified civil service at the pleasure of	99667
the board, and any other employees as are necessary in the	99668
exercise of the powers and the performance of the duties and	99669
functions that the board is by law authorized and required to	99670
exercise, and prescribe the duties of all employees, and to fix	99671
their compensation as provided by law;	99672

(C) Maintain a journal, which shall be open to public	99673
inspection and in which the secretary shall keep a record of all	99674
of the proceedings and the vote of each of its members upon every	99675
action taken by it;	99676

(D) Adopt and promulgate, in the manner provided by section	99677
5703.14 of the Revised Code, and enforce all rules relating to the	99678
procedure of the board in hearing appeals it has the authority or	99679
duty to hear, and to the procedure of officers or employees whom	99680
the board may appoint; provided that section 5703.13 of the	99681
Revised Code shall apply to and govern the procedure of the board.	99682
Such rules shall include, but need not be limited to, the	99683
following:	99684

(1) Rules governing the creation and implementation of a	99685
mediation program, including procedures for requesting, requiring	99686
participation in, objecting to, and conducting a mediation;	99687

(2) A requirement that the tax commissioner, county boards of	99688
revision, and municipal boards of appeal created under section	99689
718.11 of the Revised Code electronically file any transcript	99690
required to be filed with the board of tax appeals, and	99691
instructions and procedures for the electronic filing of such	99692
transcripts.	99693

Sec. 5703.021. (A) There is hereby established a small claims	99694
division of the board of tax appeals.	99695

(B) The small claims division shall have jurisdiction over	99696
any proceeding that is filed as a small claims case by election of	99697
the appellant and written agreement of all the parties or	99698
reassigned by the board with the written consent of all the	99699
parties, and that is either of the following:	99700

(1) Commenced under section 5717.01 of the Revised Code in	99701
which the property at issue qualifies for the partial tax	99702
exemption described in section 319.302 of the Revised Code; or	99703

(2) Commenced under section 5717.011 or 5717.02 of the	99704
Revised Code when the amount in controversy claimed by the	99705
taxpayer does not exceed ten thousand dollars exclusive of	99706
interest and penalty. The board by rule may modify the	99707
jurisdictional dollar threshold for cases qualifying for the small	99708
claims division.	99709

(C) Notwithstanding division (B) of this section, the board	99710
shall reassign an appeal initially assigned to the small claims	99711
division to the regular docket upon request of a party or when the	99712
appeal presents an issue of public or great general interest or	99713
presents a constitutional issue, or when the board determines that	99714
the appeal does not meet the requirements of division (B) of this	99715
section.	99716

(D) The board may reassign to the small claims docket any	99717
appeal originally assigned to the regular docket with the written	99718
consent of all the parties.	99719

(E) The board shall adopt rules to implement procedures to	99720
provide informal review of the taxpayers' appeals in the small	99721
claims division, which may include telephonic hearings.	99722

(F) A decision or order of the small claims division shall be	99723
conclusive as to all parties and may not be appealed, and shall be	99724
recorded in the journal required by division (C) of section	99725
5703.02 of the Revised Code, but such a decision or order shall	99726
not be considered as precedent in any other case, hearing, or	99727
proceeding.	99728

(G) The appearance of an attorney at law licensed to practice	99729
law in this state on behalf of any party to an appeal assigned to	99730
the small claims docket is permitted but not required. A person	99731
other than a natural person, which is a real party in interest as	99732
taxpayer or claimant, or an entity that may participate by	99733
statute, may commence such an appeal or appear through an attorney	99734
at law licensed to practice law in this state. Such an	99735
organization may, through any bona fide officer, partner, member,	99736
trustee, or salaried employee, file and present its claim or	99737
defense in any appeal in the small claims division, provided the	99738
organization does not, in the absence of representation by an	99739
attorney at law licensed to practice law in this state, engage in	99740
cross-examination, argument, or other acts of advocacy. The board	99741
may provide by rule for additional guidelines applicable to	99742
practice before the board.	99743

Sec. 5703.052. (A) There is hereby created in the state	99744
treasury the tax refund fund, from which refunds shall be paid for	99745
taxes illegally or erroneously assessed or collected, or for any	99746
other reason overpaid, that are levied by Chapter 4301., 4305.,	99747
5726., 5728., 5729., 5731., 5733., 5735., 5739., 5741., 5743.,	99748
5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	99749
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	99750
5727.81, and 5727.811 of the Revised Code. Refunds for fees	99751
illegally or erroneously assessed or collected, or for any other	99752
reason overpaid, that are levied by sections 3734.90 to 3734.9014	99753
of the Revised Code also shall be paid from the fund. ~~Refunds for~~	99754
~~amounts illegally or erroneously assessed or collected by the tax~~	99755
~~commissioner, or for any other reason overpaid, that are due under~~	99756
~~section 1509.50 of the Revised Code shall be paid from the fund.~~	99757
However, refunds for taxes levied under section 5739.101 of the	99758
Revised Code shall not be paid from the tax refund fund, but shall	99759
be paid as provided in section 5739.104 of the Revised Code.	99760

(B)(1) Upon certification by the tax commissioner to the	99761
treasurer of state of a tax refund~~, a fee refund,~~ or ~~an other~~	99762
another amount refunded, or by the superintendent of insurance of	99763
a domestic or foreign insurance tax refund, the treasurer of state	99764
shall place the amount certified to the credit of the fund. The	99765
certified amount transferred shall be derived from ~~current~~the	99766
receipts of the same tax,or fee~~, or other amount~~ from which the	99767
refund arose. ~~If current receipts from the tax, fee, or other~~	99768
~~amount from which the refund arose are inadequate to make the~~	99769
~~transfer of the amount so certified, the treasurer of state shall~~	99770
~~transfer such certified amount from current receipts of the sales~~	99771
~~tax levied by section 5739.02 of the Revised Code.~~	99772

(2) When ~~the treasurer of state provides for the payment of a~~	99773
~~refund of a tax, fee, or other amount from the current receipts of~~	99774
~~the sales tax, and the~~a refund is for a tax,or fee~~, or other~~	99775
~~amount~~ that is not levied by the state, the tax commissioner shall	99776
recover the amount of that refund from the next distribution of	99777
that tax,or fee~~, or other amount~~ that otherwise would be made to	99778
the taxing jurisdiction. If the amount to be recovered would	99779
exceed twenty-five per cent of the next distribution of that tax,	99780
or fee~~, or other amount~~, the commissioner may spread the recovery	99781
over more than one future distribution, taking into account the	99782
amount to be recovered and the amount of the anticipated future	99783
distributions. In no event may the commissioner spread the	99784
recovery over a period to exceed twenty-four months.	99785

Sec. 5703.059. (A) The tax commissioner may adopt rules	99786
requiring returns, including any accompanying schedule or	99787
statement, for any of the following taxes to be filed	99788
electronically using the Ohio business gateway as defined in	99789
section 718.051 of the Revised Code, filed telephonically using	99790
the system known as the Ohio telefile system, or filed by any	99791
other electronic means prescribed by the commissioner:	99792

(1) Employer income tax withholding under Chapter 5747. of	99793
the Revised Code;	99794

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

99795

(3) Cigarette and tobacco product tax under Chapter 5743. of	99796
the Revised Code;	99797

(4) Severance tax under Chapter 5749. of the Revised Code;

99798

(5) Use tax under Chapter 5741. of the Revised Code;

99799

(6) Commercial activity tax under Chapter 5751. of the	99800
Revised Code;	99801

(7) Financial institutions tax under Chapter 5726. of the	99802
Revised Code.	99803

(B) The tax commissioner may adopt rules requiring any	99804
payment of tax shown on such a return to be due to be made	99805
electronically in a manner approved by the commissioner.	99806

(C) A rule adopted under this section does not apply to	99807
returns or reports filed or payments made before six months after	99808
the effective date of the rule. The commissioner shall publicize	99809
any new electronic filing requirement on the department's web	99810
site. The commissioner shall educate the public of the requirement	99811
through seminars, workshops, conferences, or other outreach	99812
activities.	99813

(D) Any person required to file returns and make payments	99814
electronically under rules adopted under this section may apply to	99815
the commissioner, on a form prescribed by the commissioner, to be	99816
excused from that requirement. For good cause shown, the	99817
commissioner may excuse the applicant from the requirement and	99818
permit the applicant to file the returns or reports or make the	99819
payments required under this section by nonelectronic means.	99820

Sec. 5703.21. (A) Except as provided in divisions (B) and	99821
(C) of this section, no agent of the department of taxation,	99822
except in the agent's report to the department or when called on	99823
to testify in any court or proceeding, shall divulge any	99824
information acquired by the agent as to the transactions,	99825
property, or business of any person while acting or claiming to	99826
act under orders of the department. Whoever violates this	99827
provision shall thereafter be disqualified from acting as an	99828
officer or employee or in any other capacity under appointment or	99829
employment of the department.	99830

(B)(1) For purposes of an audit pursuant to section 117.15 of	99831
the Revised Code, or an audit of the department pursuant to	99832
Chapter 117. of the Revised Code, or an audit, pursuant to that	99833
chapter, the objective of which is to express an opinion on a	99834
financial report or statement prepared or issued pursuant to	99835
division (A)(7) or (9) of section 126.21 of the Revised Code, the	99836
officers and employees of the auditor of state charged with	99837
conducting the audit shall have access to and the right to examine	99838
any state tax returns and state tax return information in the	99839
possession of the department to the extent that the access and	99840
examination are necessary for purposes of the audit. Any	99841
information acquired as the result of that access and examination	99842
shall not be divulged for any purpose other than as required for	99843
the audit or unless the officers and employees are required to	99844
testify in a court or proceeding under compulsion of legal	99845
process. Whoever violates this provision shall thereafter be	99846
disqualified from acting as an officer or employee or in any other	99847
capacity under appointment or employment of the auditor of state.	99848

(2) For purposes of an internal audit pursuant to section	99849
126.45 of the Revised Code, the officers and employees of the	99850
office of internal ~~auditing~~audit in the office of budget and	99851
management charged with ~~conducting~~directing the internal audit	99852
shall have access to and the right to examine any state tax	99853
returns and state tax return information in the possession of the	99854
department to the extent that the access and examination are	99855
necessary for purposes of the internal audit. Any information	99856
acquired as the result of that access and examination shall not be	99857
divulged for any purpose other than as required for the internal	99858
audit or unless the officers and employees are required to testify	99859
in a court or proceeding under compulsion of legal process.	99860
Whoever violates this provision shall thereafter be disqualified	99861
from acting as an officer or employee or in any other capacity	99862
under appointment or employment of the office of internal ~~auditing~~	99863
audit.	99864

(3) As provided by section 6103(d)(2) of the Internal Revenue	99865
Code, any federal tax returns or federal tax information that the	99866
department has acquired from the internal revenue service, through	99867
federal and state statutory authority, may be disclosed to the	99868
auditor of state or the office of internal ~~auditing~~audit solely	99869
for purposes of an audit of the department.	99870

(4) For purposes of Chapter 3739. of the Revised Code, an	99871
agent of the department of taxation may share information with the	99872
division of state fire marshal that the agent finds during the	99873
course of an investigation.	99874

(C) Division (A) of this section does not prohibit any of the	99875
following:	99876

(1) Divulging information contained in applications,	99877
complaints, and related documents filed with the department under	99878
section 5715.27 of the Revised Code or in applications filed with	99879
the department under section 5715.39 of the Revised Code;	99880

(2) Providing information to the office of child support	99881
within the department of job and family services pursuant to	99882
section 3125.43 of the Revised Code;	99883

(3) Disclosing to the motor vehicle repair board any	99884
information in the possession of the department that is necessary	99885
for the board to verify the existence of an applicant's valid	99886
vendor's license and current state tax identification number under	99887
section 4775.07 of the Revised Code;	99888

(4) Providing information to the administrator of workers'	99889
compensation pursuant to sections 4123.271 and 4123.591 of the	99890
Revised Code;	99891

(5) Providing to the attorney general information the	99892
department obtains under division (J) of section 1346.01 of the	99893
Revised Code;	99894

(6) Permitting properly authorized officers, employees, or	99895
agents of a municipal corporation from inspecting reports or	99896
information pursuant to rules adopted under section 5745.16 of the	99897
Revised Code;	99898

(7) Providing information regarding the name, account number,	99899
or business address of a holder of a vendor's license issued	99900
pursuant to section 5739.17 of the Revised Code, a holder of a	99901
direct payment permit issued pursuant to section 5739.031 of the	99902
Revised Code, or a seller having a use tax account maintained	99903
pursuant to section 5741.17 of the Revised Code, or information	99904
regarding the active or inactive status of a vendor's license,	99905
direct payment permit, or seller's use tax account;	99906

(8) Releasing invoices or invoice information furnished under	99907
section 4301.433 of the Revised Code pursuant to that section;	99908

(9) Providing to a county auditor notices or documents	99909
concerning or affecting the taxable value of property in the	99910
county auditor's county. Unless authorized by law to disclose	99911
documents so provided, the county auditor shall not disclose such	99912
documents;	99913

(10) Providing to a county auditor sales or use tax return or	99914
audit information under section 333.06 of the Revised Code;	99915

(11) Subject to section 4301.441 of the Revised Code,	99916
disclosing to the appropriate state agency information in the	99917
possession of the department of taxation that is necessary to	99918
verify a permit holder's gallonage or noncompliance with taxes	99919
levied under Chapter 4301. or 4305. of the Revised Code;	99920

(12) Disclosing to the department of natural resources	99921
information in the possession of the department of taxation that	99922
is necessary for the department of taxation to verify the	99923
taxpayer's compliance with ~~division (A)(1), (5), (6), (8), or (9)~~	99924
of section 5749.02 of the Revised Code ~~and information received~~	99925
~~pursuant to section 1509.50 of the Revised Code concerning the~~	99926
~~amount due under that section~~or to allow the department of	99927
natural resources to enforce Chapter 1509. of the Revised Code;	99928

(13) Disclosing to the department of job and family services,	99929
industrial commission, and bureau of workers' compensation	99930
information in the possession of the department of taxation solely	99931
for the purpose of identifying employers that misclassify	99932
employees as independent contractors or that fail to properly	99933
report and pay employer tax liabilities. The department of	99934
taxation shall disclose only such information that is necessary to	99935
verify employer compliance with law administered by those	99936
agencies.	99937

(14) Disclosing to the Ohio casino control commission	99938
information in the possession of the department of taxation that	99939
is necessary to verify a casino operator's compliance with section	99940
5747.063 or 5753.02 of the Revised Code and sections related	99941
thereto;	99942

(15) Disclosing to the state lottery commission information	99943
in the possession of the department of taxation that is necessary	99944
to verify a lottery sales agent's compliance with section 5747.064	99945
of the Revised Code.	99946

Sec. 5703.37. (A)(1) Except as provided in division (B) of	99947
this section, whenever service of a notice or order is required in	99948
the manner provided in this section, a copy of the notice or order	99949
shall be served upon the person affected thereby either by	99950
personal service, by certified mail, or by a delivery service	99951
authorized under section 5703.056 of the Revised Code that	99952
notifies the tax commissioner of the date of delivery.	99953

(2) In lieu of serving a copy of a notice or order through	99954
one of the means provided in division (A)(1) of this section, the	99955
commissioner may serve a notice or order upon the person affected	99956
thereby through alternative means as provided in this section,	99957
including, but not limited to, delivery by secure electronic mail	99958
as provided in division (F) of this section. Delivery by such	99959
means satisfies the requirements for delivery under this section.	99960

(B)(1)(a) If certified mail is returned because of an	99961
undeliverable address, the commissioner shall first utilize	99962
reasonable means to ascertain a new last known address, including	99963
the use of a change of address service offered by the United	99964
States postal service or an authorized delivery service under	99965
section 5703.056 of the Revised Code. If, after using reasonable	99966
means, the commissioner is unable to ascertain a new last known	99967
address, the assessment is final for purposes of section 131.02 of	99968
the Revised Code sixty days after the notice or order sent by	99969
certified mail is first returned to the commissioner, and the	99970
commissioner shall certify the notice or order, if applicable, to	99971
the attorney general for collection under section 131.02 of the	99972
Revised Code.	99973

(b) Notwithstanding certification to the attorney general	99974
under division (B)(1)(a) of this section, once the commissioner or	99975
attorney general, or the designee of either, makes an initial	99976
contact with the person to whom the notice or order is directed,	99977
the person may protest an assessment by filing a petition for	99978
reassessment within sixty days after the initial contact. The	99979
certification of an assessment under division (B)(1)(a) of this	99980
section is prima-facie evidence that delivery is complete and that	99981
the notice or order is served.	99982

(2) If mailing of a notice or order by certified mail is	99983
returned for some cause other than an undeliverable address or if	99984
a person does not access an electronic notice or order within the	99985
time provided in division (F) of this section, the commissioner	99986
shall resend the notice or order by ordinary mail. The notice or	99987
order shall show the date the commissioner sends the notice or	99988
order and include the following statement:	99989

"This notice or order is deemed to be served on the addressee	99990
under applicable law ten days from the date this notice or order	99991
was mailed by the commissioner as shown on the notice or order,	99992
and all periods within which an appeal may be filed apply from and	99993
after that date."	99994

Unless the mailing is returned because of an undeliverable	99995
address, the mailing of that information is prima-facie evidence	99996
that delivery of the notice or order was completed ten days after	99997
the commissioner sent the notice or order by ordinary mail and	99998
that the notice or order was served.	99999

If the ordinary mail is subsequently returned because of an	100000
undeliverable address, the commissioner shall proceed under	100001
division (B)(1)(a) of this section. A person may challenge the	100002
presumption of delivery and service under this division in	100003
accordance with division (C) of this section.	100004

(C)(1) A person disputing the presumption of delivery and	100005
service under division (B) of this section bears the burden of	100006
proving by a preponderance of the evidence that the address to	100007
which the notice or order was sent was not an address with which	100008
the person was associated at the time the commissioner originally	100009
mailed the notice or order by certified mail. For the purposes of	100010
this section, a person is associated with an address at the time	100011
the commissioner originally mailed the notice or order if, at that	100012
time, the person was residing, receiving legal documents, or	100013
conducting business at the address; or if, before that time, the	100014
person had conducted business at the address and, when the notice	100015
or order was mailed, the person's agent or the person's affiliate	100016
was conducting business at the address. For the purposes of this	100017
section, a person's affiliate is any other person that, at the	100018
time the notice or order was mailed, owned or controlled at least	100019
twenty per cent, as determined by voting rights, of the	100020
addressee's business.	100021

(2) If the person elects to protest an assessment certified	100022
to the attorney general for collection, the person must do so	100023
within sixty days after the attorney general's initial contact	100024
with the person. The attorney general may enter into a compromise	100025
with the person under sections 131.02 and 5703.06 of the Revised	100026
Code if the person does not file a petition for reassessment with	100027
the commissioner.	100028

(D) Nothing in this section prohibits the commissioner or the	100029
commissioner's designee from delivering a notice or order by	100030
personal service.	100031

(E) Collection actions taken pursuant to section 131.02 of	100032
the Revised Code upon any assessment being challenged under	100033
division (B)(1)(b) of this section shall be stayed upon the	100034
pendency of an appeal under this section. If a petition for	100035
reassessment is filed pursuant to this section on a claim that has	100036
been certified to the attorney general for collection, the claim	100037
shall be uncertified.	100038

(F) The commissioner may serve a notice or order upon the	100039
person affected by the notice or order through secure electronic	100040
means only with the person's consent. The commissioner must inform	100041
the recipient, electronically or by mail, that a notice or order	100042
is available for electronic review and provide instructions to	100043
access and print the notice or order. The recipient's electronic	100044
access of the notice or order satisfies the requirements for	100045
delivery under this section. If the recipient fails to access the	100046
notice or order electronically within ten business days, then the	100047
commissioner shall inform the recipient a second time,	100048
electronically or by mail, that a notice or order is available for	100049
electronic review and provide instructions to access and print the	100050
notice or order. If the recipient fails to access the notice or	100051
order electronically within ten business days of the second	100052
notification, the notice or order shall be served upon the person	100053
through ~~one of~~ the means provided in division ~~(A)(1)~~(B)(2) of this	100054
section.	100055

(G) As used in this section:

100056

(1) "Last known address" means the address the department has	100057
at the time the document is originally sent by certified mail, or	100058
any address the department can ascertain using reasonable means	100059
such as the use of a change of address service offered by the	100060
United States postal service or an authorized delivery service	100061
under section 5703.056 of the Revised Code.	100062

(2) "Undeliverable address" means an address to which the	100063
United States postal service or an authorized delivery service	100064
under section 5703.056 of the Revised Code is not able to deliver	100065
a notice or order, except when the reason for nondelivery is	100066
because the addressee fails to acknowledge or accept the notice or	100067
order.	100068

Sec. 5703.75. This section applies to any tax payable to the	100069
state and administered by the tax commissioner. If the total	100070
amount of any such tax shown to be due on a return, amended	100071
return, or notice does not exceed one dollar, the taxpayer shall	100072
not be required to remit the amount due. If the total amount of a	100073
taxpayer's overpayment of any such tax does not exceed one dollar,	100074
the tax commissioner shall not be required to refund the	100075
overpayment.	100076

Sec. 5703.76. Any payment or distribution of money that the	100077
tax commissioner is required by law to make to a political	100078
subdivision of this state, an officer thereof, or a political	100079
party shall be made by electronic funds transfer. The commissioner	100080
shall promulgate any rules necessary to administer this section.	100081

Sec. 5703.82. ~~(A)~~ Not later than April 1, 2009, the	100082
department of taxation shall acquire the necessary hardware,	100083
software, and services to establish and implement a tax discovery	100084
data system to increase the efficiency of tax collections in the	100085
state. The system must be fully integrated and pre-staged for the	100086
purposes of assisting in revenue analysis, discovering	100087
noncompliant taxpayers, and collecting taxes from those taxpayers.	100088
The system shall consolidate tax data from various mainframe	100089
systems and operate as a single tax discovery data system. The	100090
department shall contract, pursuant to a competitive bidding	100091
process, for the necessary hardware, software, and services to	100092
implement the tax discovery data system.	100093

~~(B) There is hereby created in the state treasury the~~	100094
~~discovery project fund. All money to the credit of the fund shall~~	100095
~~be used to pay the costs of implementing and operating the tax~~	100096
~~discovery data system and to defray the costs incurred by the~~	100097
~~department of taxation in administering the system.~~	100098

~~(C) Beginning July 1, 2009, on or before the first day of~~	100099
~~January, April, July, and October of each calendar year, the tax~~	100100
~~commissioner shall determine and certify to the director of budget~~	100101
~~and management the amount needed to pay the costs of operating the~~	100102
~~tax discovery data system in the previous calendar quarter and the~~	100103
~~costs incurred in the previous calendar quarter by the department~~	100104
~~of taxation in administering the system. The director shall~~	100105
~~provide for payment from the general revenue fund to the discovery~~	100106
~~project fund of the amount so certified.~~	100107

Sec. 5703.90. If any tax administered by the tax	100108
commissioner remains unpaid after the date the tax is due, the	100109
commissioner may issue an assessment for the unpaid tax, and for	100110
any related penalties and interest, against any person liable for	100111
the amount due, including, but not limited to, a person that is	100112
jointly and severally liable for the amount under Chapter 5726.,	100113
5748., 5749., or 5751. of the Revised Code, a partner liable for	100114
the tax liability of a partnership, a director, shareholder, or	100115
officer of a corporation that has dissolved or had its articles of	100116
incorporation canceled by the secretary of state, or any other	100117
person liable for the tax liability of another person under the	100118
Revised Code. The commissioner shall issue the assessment in	100119
accordance with any other provision of the Revised Code applicable	100120
to assessments for the tax for which the person to be assessed is	100121
liable.	100122

Sec. 5703.91. (A) If any corporation, wherever organized,	100123
that is required by law to file any report or return or to pay any	100124
tax or fee as a corporation organized under the laws of the state	100125
for profit, or as a foreign corporation for profit doing business	100126
in this state or owning or issuing a part or all of its capital or	100127
property in this state, fails to file the required report or	100128
return or to pay the required tax or fee for ninety days after the	100129
time prescribed by law for filing or payment, the tax commissioner	100130
shall certify the failure with the secretary of state.	100131

(B) The secretary of state, after receiving certification of	100132
a corporation's failure to file a report or return or to pay a tax	100133
or fee as described in division (A) of this section, shall do one	100134
of the following:	100135

(1) Cancel, by appropriate entry, the articles of	100136
incorporation of the corporation upon the margin of the relevant	100137
record;	100138

(2) If the corporation is a foreign corporation, cancel, by	100139
proper entry, the certificate of authority to do business in this	100140
state of the foreign corporation.	100141

Subject to section 1701.88 of the Revised Code, upon	100142
cancellation, all the powers, privileges, and franchises conferred	100143
on the corporation by articles of incorporation or a certificate	100144
of authority shall cease.	100145

(C) The secretary of state, upon canceling articles of	100146
incorporation or a certificate of authority pursuant to division	100147
(B) of this section, shall immediately notify the affected	100148
corporation of the cancellation action and shall forward for	100149
filing a certificate of the action to the county recorder of the	100150
county in which the corporation's principal place of business in	100151
this state is located. No filing fee shall be charged for the	100152
filing.	100153

Sec. 5703.92. No person shall exercise or attempt to exercise	100154
any powers, privileges, or franchises under the articles of	100155
incorporation or certificate of authority of a corporation after	100156
the articles or certificate has been canceled as provided in	100157
section 5703.91 of the Revised Code. A penalty of one hundred	100158
dollars shall be imposed for each day a violation of this section	100159
occurs, up to a maximum of five thousand dollars.	100160

Sec. 5703.93. (A)(1) Any corporation whose articles of	100161
incorporation or license certificate to do or transact business in	100162
this state has been canceled by the secretary of state pursuant to	100163
section 5703.91 of the Revised Code shall be reinstated and	100164
entitled to exercise its rights, privileges, and franchises in	100165
this state, and the secretary of state shall cancel the entry of	100166
cancellation to exercise its rights, privileges, and franchises,	100167
upon compliance with all of the following:	100168

(a) Payment to the secretary of state of any additional	100169
required fees and penalties;	100170

(b) Filing with the secretary of state a certificate from the	100171
tax commissioner affirming that the corporation has complied with	100172
all the requirements of the tax law as to all the taxes	100173
administered by the commissioner and has paid all taxes, fees, or	100174
penalties due for every year of delinquency;	100175

(c) Payment to the secretary of state of an additional fee of	100176
twenty-five dollars.	100177

(2) The secretary of state shall require, as a condition	100178
prerequisite to reinstatement, an applicant to amend its articles	100179
by changing its name if all of the following apply:	100180

(a) The reinstatement is not made within one year from the	100181
date of the cancellation of its articles of incorporation or date	100182
of cancellation of its license to do business.	100183

(b) It appears that the applicant's name is not	100184
distinguishable upon the record as required by section 1701.05 of	100185
the Revised Code.	100186

(3) A certificate of reinstatement may be filed in the	100187
recorder's office of any county in the state. The recorder shall	100188
charge and collect a base fee of three dollars for services and a	100189
low- and moderate-income housing trust fund fee of three dollars	100190
in accordance with section 317.36 of the Revised Code.	100191

(4) Any officer, shareholder, creditor, or receiver of any	100192
corporation described in divisions (A)(1) and (2) of this section	100193
may at any time take all steps required by this section to effect	100194
such reinstatement.	100195

(B) Except as otherwise provided in this section, the rights,	100196
privileges, and franchises of a corporation whose articles of	100197
incorporation have been reinstated in accordance with this section	100198
are subject to section 1701.922 of the Revised Code.	100199

(C) Notwithstanding a violation of section 5703.92 of the	100200
Revised Code, upon reinstatement of a corporation's articles of	100201
incorporation in accordance with this section, neither section	100202
5703.91 nor section 5703.92 of the Revised Code shall be applied	100203
to invalidate the exercise or attempt to exercise any right,	100204
privilege, or franchise on behalf of the corporation by an	100205
officer, agent, or employee of the corporation after cancellation	100206
and prior to the reinstatement of the articles, if the conditions	100207
set forth in divisions (B)(1)(a) and (b) of section 1701.922 of	100208
the Revised Code are met.	100209

Sec. 5705.221. (A) At any time, the board of county	100210
commissioners of any county by a majority vote of the full	100211
membership may declare by resolution and certify to the board of	100212
elections of the county that the amount of taxes which may be	100213
raised within the ten-mill limitation by levies on the current tax	100214
duplicate will be insufficient to provide the necessary	100215
requirements of the county's alcohol, drug addiction, and mental	100216
health service district established pursuant to Chapter 340. of	100217
the Revised Code, or the county's contribution to a joint-county	100218
district of which the county is a part, and that it is necessary	100219
to levy a tax in excess of such limitation for the operation of	100220
~~alcohol and drug~~community addiction ~~programs~~services providers	100221
and community mental health ~~programs~~services providers and the	100222
acquisition, construction, renovation, financing, maintenance, and	100223
operation of alcohol and drug addiction facilities and mental	100224
health facilities.	100225

Such resolution shall conform to section 5705.19 of the	100226
Revised Code, except that the increased rate may be in effect for	100227
any number of years not exceeding ten.	100228

The resolution shall be certified and submitted in the manner	100229
provided in section 5705.25 of the Revised Code, except that it	100230
may be placed on the ballot in any election, and shall be	100231
certified to the board of elections not less than ninety days	100232
before the election at which it will be voted upon.	100233

If the majority of the electors voting on a levy to	100234
supplement general fund appropriations for the support of the	100235
comprehensive ~~alcohol and drug~~community addiction and mental	100236
health ~~program~~services providers vote in favor of the levy, the	100237
board may levy a tax within the county at the additional rate	100238
outside the ten-mill limitation during the specified or continuing	100239
period, for the purpose stated in the resolution.	100240

(B) When electors have approved a tax levy under this	100241
section, the board of county commissioners may anticipate a	100242
fraction of the proceeds of the levy and, from time to time, issue	100243
anticipation notes in accordance with section 5705.191 or 5705.193	100244
of the Revised Code.	100245

(C) The county auditor who is the fiscal officer of the	100246
alcohol, drug addiction, and mental health service district, upon	100247
receipt of a resolution from the board of alcohol, drug addiction,	100248
and mental health services, shall establish for the district a	100249
capital improvements account or a reserve balance account, or	100250
both, as specified in the resolution. The capital improvements	100251
account shall be a contingency fund for the necessary acquisition,	100252
replacement, renovation, or construction of facilities and movable	100253
and fixed equipment. Upon the request of the board, funds not	100254
needed to pay for current expenses may be appropriated to the	100255
capital improvements account, in amounts such that the account	100256
does not exceed twenty-five per cent of the replacement value of	100257
all capital facilities and equipment currently used by the board	100258
for programs and services. Other funds which are available for	100259
current capital expenses from federal, state, or local sources may	100260
also be appropriated to this account.	100261

The reserve balance account shall contain those funds that	100262
are not needed to pay for current operating expenses and not	100263
deposited in the capital improvements account but that will be	100264
needed to pay for operating expenses in the future. Upon the	100265
request of a board, such funds shall be appropriated to the	100266
reserve balance account. Payments from the capital improvements	100267
account and the reserve balance account shall be made by the	100268
county treasurer who is the custodian of funds for the district	100269
upon warrants issued by the county auditor who is the fiscal	100270
officer of the district pursuant to orders of the board.	100271

Sec. 5705.27. There is hereby created in each county a	100272
county budget commission consisting of the county auditor, the	100273
county treasurer, and the prosecuting attorney. Upon petition	100274
filed with the board of elections, signed by the number of	100275
electors of the county equal in amount to three per cent of the	100276
total number of votes cast for governor at the most recent	100277
election therefor, there shall be submitted to the electors of the	100278
county at the next general election occurring not sooner than	100279
ninety days after the filing of the petition, the question "Shall	100280
the county budget commission consist of two additional members to	100281
be elected from the county?" Provision shall be made on the ballot	100282
for the election from the county at large of two additional	100283
members of the county budget commission who shall be electors of	100284
the county if a majority of the electors voting on the question	100285
shall have voted in the affirmative. In such counties, where the	100286
electors have voted in the affirmative, the county budget	100287
commission shall consist of such two elected members in addition	100288
to the county auditor, the county treasurer and the prosecuting	100289
attorney. Such members, who shall not hold any other public	100290
office, shall serve for a term of four years. ~~The~~	100291

The commission shall meet at the office of the county auditor	100292
~~in each county~~ on the first Monday in February and on the first	100293
Monday in August, annually, and shall complete its work on or	100294
before the first day of September, annually, unless for good cause	100295
the tax commissioner extends the time for completing the work. A	100296

The commission shall meet at the call of the county auditor	100297
to hold a hearing not later than forty days following the deposit	100298
of any money into an oil and gas escrow fund created under section	100299
321.49 of the Revised Code from the fee paid by an owner of a	100300
horizontal well under division (L) of section 1509.06 of the	100301
Revised Code for the purpose of distributing such money to taxing	100302
units in accordance with division (G) of section 5705.32 of the	100303
Revised Code. At least thirty days before the date of the hearing,	100304
the auditor shall notify the taxing authorities of all taxing	100305
units that levy a property tax in the taxing district in which the	100306
horizontal well is located that money has been deposited in the	100307
oil and gas escrow fund and that each taxing authority receiving	100308
notice may appear and testify to demonstrate the taxing unit's	100309
need, if any, for such money to defray costs associated with the	100310
presence of the horizontal well. If the fees have been deposited	100311
in the oil and gas escrow fund from owners of horizontal wells	100312
located in the same taxing district, the total amount of fees from	100313
wells in that taxing district shall be considered for distribution	100314
at the hearing and the auditor shall give only one notification to	100315
each taxing authority of each taxing unit that levies a property	100316
tax in that taxing district. The notification shall require a	100317
taxing authority to respond within fifteen days after the auditor	100318
sends the notification to the taxing units notifying the auditor	100319
that a representative of the taxing authority will appear and give	100320
testimony or evidence at the hearing. If no taxing authority	100321
responds within this period, the commission may cancel the	100322
scheduled hearing. Within five days after the commission cancels	100323
the meeting, the auditor shall notify the county treasurer, who	100324
shall distribute money in the fund from horizontal wells in that	100325
taxing district that were to be the subject of the hearing in	100326
accordance with division (G)(2) of section 5705.32 of the Revised	100327
Code.	100328

A majority of members shall constitute a quorum, provided	100329
that no action of the commission shall be valid unless agreed to	100330
by a majority of the members of the commission. The auditor shall	100331
be the secretary of the commission and shall keep a full and	100332
accurate record of all proceedings. ~~The~~	100333

The county auditor shall appoint ~~such~~ messengers and clerks	100334
as the commission deems necessary, and the budget commissioners	100335
shall be allowed their actual and necessary expenses. The elected	100336
members of the commission shall also receive twenty dollars for	100337
each day in attendance at commission meetings and in discharge of	100338
official duties. Any vacancy among such elected members shall be	100339
filled by the presiding judge of the court of common pleas. In	100340

In adjusting the rates of taxation and fixing the amount of	100341
taxes to be levied each year, the commissioners shall be governed	100342
by the amount of the taxable property shown on the auditor's tax	100343
list for the current year; provided that if the auditor's tax list	100344
has not been completed, the auditor shall estimate, as nearly as	100345
practicable, the amount of the taxable property for such year, and	100346
such officers shall be governed by such estimate.	100347

In any county in which two members of the commission are	100348
elected, upon petition filed with the board of elections, signed	100349
by the number of electors of the county equal in amount to three	100350
per cent of the votes cast for governor at the most recent	100351
election therefor, there shall be submitted to the electors of the	100352
county at the next general election occurring not sooner than	100353
ninety days after the filing of the petition, the question "Shall	100354
the elected members be eliminated from the county budget	100355
commission?" If the majority of the electors voting thereon shall	100356
have voted in the affirmative, the county budget commission shall	100357
consist solely of the county auditor, the county treasurer, and	100358
the prosecuting attorney.	100359

Sec. 5705.32. (A) The county budget commission shall adjust	100360
the estimated amounts required from the general property tax for	100361
each fund, as shown by the tax budgets or other information	100362
required to be provided under section 5705.281 of the Revised	100363
Code, so as to bring the tax levies required therefor within the	100364
limitations specified in sections 5705.01 to 5705.47 of the	100365
Revised Code, for such levies, but no levy shall be reduced below	100366
a minimum fixed by law. The commission may revise and adjust the	100367
estimate of balances and receipts from all sources for each fund	100368
and shall determine the total appropriations that may be made	100369
therefrom.	100370

(B) The commission shall fix the amount of the county public	100371
library fund to be distributed to each board of public library	100372
trustees that has qualified under section 5705.28 of the Revised	100373
Code for participation in the proceeds of such fund. The amount	100374
paid to all libraries in the county from such fund shall never be	100375
a smaller per cent of the fund than the average of the percentages	100376
of the county's classified taxes that were distributed to	100377
libraries in 1982, 1983, and 1984, as determined by the county	100378
auditor. The commission shall base the amount for distribution on	100379
the needs of such library for the construction of new library	100380
buildings, parts of buildings, improvements, operation,	100381
maintenance, or other expenses. In determining the needs of each	100382
library board of trustees, and in calculating the amount to be	100383
distributed to any library board of trustees on the basis of its	100384
needs, the commission shall make no reduction in its allocation	100385
from the fund on account of additional revenues realized by a	100386
library from increased taxes or service charges voted by its	100387
electorate, from revenues received through federal or state	100388
grants, projects, or programs, or from grants from private	100389
sources.	100390

(C) Notwithstanding the fact that alternative methods of	100391
financing such needs are available, after fixing the amount to be	100392
distributed to libraries, the commission shall fix the amount, if	100393
any, of the county public library fund to be distributed to each	100394
board of township park commissioners, the county, and each	100395
municipal corporation in accordance with the following:	100396

(1) Each municipal corporation in the county shall receive a	100397
per cent of the remainder that equals the per cent that the county	100398
auditor determines the classified property taxes originating in	100399
such municipal corporation in 1984 were of the total of all of the	100400
county's classified property taxes in 1984. The commission may	100401
deduct from this amount any amount that the budget commission	100402
allows to the board of township park commissioners of a township	100403
park district, the boundaries of which are coextensive with or	100404
contained within the boundaries of the municipal corporation.	100405

(2) The county shall receive a per cent of the remainder that	100406
equals the per cent that the county auditor determines the	100407
classified property taxes originating outside of the boundaries of	100408
municipal corporations in the county in 1984 were of the total of	100409
all of the county's classified property taxes in 1984. The	100410
commission may deduct from this amount any amount that the budget	100411
commission allows to the board of township park commissioners of a	100412
township park district, the boundaries of which are not	100413
coextensive with or contained within those of any municipal	100414
corporation in the county.	100415

(D) The commission shall separately set forth the amounts	100416
fixed and determined under divisions (B) and (C) of this section	100417
in the "official certificate of estimated resources," as provided	100418
in section 5705.35 of the Revised Code, and separately certify	100419
such amount to the county auditor who shall be guided thereby in	100420
the distribution of the county public library fund for and during	100421
the fiscal year. In determining such amounts, the commission shall	100422
be guided by the estimate certified by the tax commissioner and	100423
presented by the auditor under section 5705.31 of the Revised	100424
Code, as to the total amount of revenue to be received in the	100425
county public library fund during such fiscal year.	100426

(E)(1) At least five days before the date of any meeting at	100427
which the budget commission plans to discuss the distribution of	100428
the county public library fund, it shall notify each legislative	100429
authority and board of public library trustees, county	100430
commissioners, and township park commissioners eligible to	100431
participate in the distribution of the fund of the date, time,	100432
place, and agenda for the meeting. Any legislative authority or	100433
board entitled to notice under this division may designate an	100434
officer or employee of such legislative authority or board to whom	100435
the commission shall deliver the notice.	100436

(2) Before the final determination of the amount to be	100437
allotted to each subdivision from any source, the commission shall	100438
permit representatives of each subdivision and of each board of	100439
public library trustees to appear before it to explain its	100440
financial needs.	100441

(F) If any public library receives and expends any funds	100442
allocated to it under this section for the construction of new	100443
library buildings or parts of buildings, such library shall be	100444
free and open to the inhabitants of the county in which it is	100445
located. Any board of library trustees that receives funds under	100446
this section and section 5747.48 of the Revised Code shall have	100447
its financial records open for public inspection at all reasonable	100448
times.	100449

(G)(1) The commission may decide to distribute money in an	100450
oil and gas escrow fund created under section 321.49 of the	100451
Revised Code after holding a hearing as authorized in section	100452
5705.27 of the Revised Code. A representative of a taxing	100453
authority that has received notice of such hearing from the county	100454
auditor may appear and give testimony and evidence demonstrating	100455
the need of the taxing unit for money from the fund to defray	100456
costs to the taxing unit from the horizontal well or wells in that	100457
taxing district for which the fee was paid under division (L) of	100458
section 1509.06 of the Revised Code.	100459

At the conclusion of the hearing, the commission may issue an	100460
order distributing the money attributable to that taxing district	100461
in the oil and gas escrow fund to taxing units on the basis of the	100462
relationship of each taxing unit's request to the overall impact	100463
of the horizontal well or wells on the taxing unit and the	100464
estimate of the cost to defray that impact. The commission shall	100465
state in its order the funds of a taxing unit into which such	100466
money shall be deposited. An order of the commission under this	100467
division may be appealed to the board of tax appeals not later	100468
than thirty days following the issuance of the order in the manner	100469
provided in section 5705.37 of the Revised Code.	100470

After the expiration of the period of time for appealing an	100471
order issued by the commission under this division, the county	100472
treasurer shall distribute money in the oil and gas escrow fund	100473
that was the subject of the hearing to the designated funds of	100474
taxing units in accordance with the order of the commission. Money	100475
received by a taxing unit under this division shall be repaid by	100476
the taxing unit to the owner of each horizontal well in accordance	100477
with section 5705.52 of the Revised Code.	100478

(2) If, after the hearing, the commission decides not to	100479
issue an order distributing money from the oil and gas escrow fund	100480
to taxing units, the county auditor shall notify the county	100481
treasurer. The county treasurer shall distribute money in the fund	100482
attributable to that taxing district as follows:	100483

(a) Sixty per cent to the board of county commissioners;

100484

(b) Forty per cent to the board of township trustees of the	100485
township in which the horizontal well or wells are located for	100486
which the fee was paid under division (L) of section 1509.06 of	100487
the Revised Code.	100488

A board of county commissioners or board of township trustees	100489
may deposit money received by the county or township under this	100490
division into any fund of the county or township, respectively.	100491
Such money shall be repaid by the county or township to the owner	100492
of each horizontal well in accordance with section 5705.52 of the	100493
Revised Code.	100494

Sec. 5705.37. The taxing authority of any subdivision, or	100495
the board of trustees of any public library, nonprofit	100496
corporation, or library association maintaining a free public	100497
library that has adopted and certified rules under section 5705.28	100498
of the Revised Code, that is dissatisfied with any action of the	100499
county budget commission may, through its fiscal officer, appeal	100500
to the board of tax appeals within thirty days after the receipt	100501
by the subdivision of the official certificate or notice of the	100502
commission's action. In like manner, but through its clerk, any	100503
park district may appeal to the board of tax appeals. An appeal	100504
under this section shall be taken by the filing of a notice of	100505
appeal, either in person or by certified mail, express mail, or	100506
authorized delivery service as provided in section 5703.056 of the	100507
Revised Code, with the board and with the commission. If notice of	100508
appeal is filed by certified mail, express mail, or authorized	100509
delivery service, date of the United States postmark placed on the	100510
sender's receipt by the postal service or the date of receipt	100511
recorded by the authorized delivery service shall be treated as	100512
the date of filing. Upon receipt of the notice of appeal, the	100513
commission, by certified mail, shall notify all persons who were	100514
parties to the proceeding before the commission of the filing of	100515
the notice of appeal and shall file proof of notice with the board	100516
of tax appeals. The secretary of the commission shall forthwith	100517
certify to the board a transcript of the full and accurate record	100518
of all proceedings before the commission, together with all	100519
evidence presented in the proceedings or considered by the	100520
commission, pertaining to the action from which the appeal is	100521
taken. The secretary of the commission also shall certify to the	100522
board any additional information that the board may request.	100523

The board of tax appeals, in a de novo proceeding, shall	100524
forthwith consider the matter presented to the commission, and may	100525
modify any action of the commission with reference to the budget,	100526
the estimate of revenues and balances, the allocation of the	100527
public library fund, or the fixing of tax rates, or the allocation	100528
of money from an oil and gas escrow fund. The finding of the board	100529
of tax appeals shall be substituted for the findings of the	100530
commission, and shall be sent to the tax commissioner, the county	100531
auditor, and the taxing authority of the subdivision affected, or	100532
to the board of public library trustees affected, as the action of	100533
the commission under sections 5705.01 to 5705.47 of the Revised	100534
Code. At the request of the taxing authority, board of trustees,	100535
or park district that appealed an action of the county budget	100536
commission under this section, the findings of the board of tax	100537
appeals shall be sent by certified mail at the requestor's	100538
expense.	100539

This section does not give the board of tax appeals any	100540
authority to place any tax levy authorized by law within the	100541
ten-mill limitation outside of that limitation, or to reduce any	100542
levy below any minimum fixed by law.	100543

Sec. 5705.412. (A) As used in this section, "qualifying	100544
contract" means any agreement for the expenditure of money under	100545
which aggregate payments from the funds included in the school	100546
district's five-year forecast under section 5705.391 of the	100547
Revised Code will exceed the lesser of the following amounts:	100548

(1) Five hundred thousand dollars;

100549

(2) One per cent of the total revenue to be credited in the	100550
current fiscal year to the district's general fund, as specified	100551
in the district's most recent certificate of estimated resources	100552
certified under section 5705.36 of the Revised Code.	100553

(B)(1) Notwithstanding section 5705.41 of the Revised Code,	100554
no school district shall adopt any appropriation measure, make any	100555
qualifying contract, or increase during any school year any wage	100556
or salary schedule unless there is attached thereto a certificate,	100557
signed as required by this section, that the school district has	100558
in effect the authorization to levy taxes including the renewal or	100559
replacement of existing levies which, when combined with the	100560
estimated revenue from all other sources available to the district	100561
at the time of certification, are sufficient to provide the	100562
operating revenues necessary to enable the district to maintain	100563
all personnel and programs for all the days set forth in its	100564
adopted school calendars for the current fiscal year and for a	100565
number of days in succeeding fiscal years equal to the number of	100566
days instruction was held or is scheduled for the current fiscal	100567
year, as follows:	100568

(a) A certificate attached to an appropriation measure under	100569
this section shall cover only the fiscal year in which the	100570
appropriation measure is effective and shall not consider the	100571
renewal or replacement of an existing levy as the authority to	100572
levy taxes that are subject to appropriation in the current fiscal	100573
year unless the renewal or replacement levy has been approved by	100574
the electors and is subject to appropriation in the current fiscal	100575
year.	100576

(b) A certificate attached, in accordance with this section,	100577
to any qualifying contract shall cover the term of the contract.	100578

(c) A certificate attached under this section to a wage or	100579
salary schedule shall cover the term of the schedule.	100580

If the board of education has not adopted a school calendar	100581
for the school year beginning on the first day of the fiscal year	100582
in which a certificate is required, the certificate attached to an	100583
appropriation measure shall include the number of days on which	100584
instruction was held in the preceding fiscal year and other	100585
certificates required under this section shall include that number	100586
of days for the fiscal year in which the certificate is required	100587
and any succeeding fiscal years that the certificate must cover.	100588

The certificate shall be signed by the treasurer and	100589
president of the board of education and the superintendent of the	100590
school district, unless the district is in a state of fiscal	100591
emergency declared under Chapter 3316. of the Revised Code. In	100592
that case, the certificate shall be signed by a member of the	100593
district's financial planning and supervision commission who is	100594
designated by the commission for this purpose.	100595

(2) In lieu of the certificate required under division (B) of	100596
this section, an alternative certificate stating the following may	100597
be attached:	100598

(a) The contract is a multi-year contract for materials,	100599
equipment, or nonpayroll services essential to the education	100600
program of the district;	100601

(b) The multi-year contract demonstrates savings over the	100602
duration of the contract as compared to costs that otherwise would	100603
have been demonstrated in a single year contract, and the terms	100604
will allow the district to reduce the deficit it is currently	100605
facing in future years as demonstrated in its five-year forecast	100606
adopted in accordance with section 5705.391 of the Revised Code.	100607

The certificate shall be signed by the treasurer and	100608
president of the board of education and the superintendent of the	100609
school district, unless the district is in a state of fiscal	100610
emergency declared under Chapter 3316. of the Revised Code. In	100611
that case, the certificate shall be signed by a member of the	100612
district's financial planning and supervision commission who is	100613
designated by the commission for this purpose.	100614

(C) Every qualifying contract made or wage or salary schedule	100615
adopted or put into effect without such a certificate shall be	100616
void, and no payment of any amount due thereon shall be made.	100617

(D) The department of education and the auditor of state	100618
jointly shall adopt rules governing the methods by which	100619
treasurers, presidents of boards of education, superintendents,	100620
and members of financial planning and supervision commissions	100621
shall estimate revenue and determine whether such revenue is	100622
sufficient to provide necessary operating revenue for the purpose	100623
of making certifications required by this section.	100624

(E) The auditor of state shall be responsible for determining	100625
whether school districts are in compliance with this section. At	100626
the time a school district is audited pursuant to section 117.11	100627
of the Revised Code, the auditor of state shall review each	100628
certificate issued under this section since the district's last	100629
audit, and the appropriation measure, contract, or wage and salary	100630
schedule to which such certificate was attached. If the auditor of	100631
state determines that a school district has not complied with this	100632
section with respect to any qualifying contract or wage or salary	100633
schedule, the auditor of state shall notify the prosecuting	100634
attorney for the county, the city director of law, or other chief	100635
law officer of the school district. That officer may file a civil	100636
action in any court of appropriate jurisdiction to seek a	100637
declaration that the contract or wage or salary schedule is void,	100638
to recover for the school district from the payee the amount of	100639
payments already made under it, or both, except that the officer	100640
shall not seek to recover payments made under any collective	100641
bargaining agreement entered into under Chapter 4117. of the	100642
Revised Code. If the officer does not file such an action within	100643
one hundred twenty days after receiving notice of noncompliance	100644
from the auditor of state, any taxpayer may institute the action	100645
in the taxpayer's own name on behalf of the school district.	100646

(F) ~~This section does not apply to any contract or increase~~	100647
~~in any wage or salary schedule that is necessary in order to~~	100648
~~enable a board of education to comply with division (B) of section~~	100649
~~3317.13 of the Revised Code, provided the contract or increase~~	100650
~~does not exceed the amount required to be paid to be in compliance~~	100651
~~with such division.~~	100652

~~(G)~~ Any officer, employee, or other person who expends or	100653
authorizes the expenditure of any public funds or authorizes or	100654
executes any contract or schedule contrary to this section,	100655
expends or authorizes the expenditure of any public funds on the	100656
void contract or schedule, or issues a certificate under this	100657
section which contains any false statements is liable to the	100658
school district for the full amount paid from the district's funds	100659
on the contract or schedule. The officer, employee, or other	100660
person is jointly and severally liable in person and upon any	100661
official bond that the officer, employee, or other person has	100662
given to the school district to the extent of any payments on the	100663
void claim, not to exceed ten thousand dollars. However, no	100664
officer, employee, or other person shall be liable for a mistaken	100665
estimate of available resources made in good faith and based upon	100666
reasonable grounds. If an officer, employee, or other person is	100667
found to have complied with rules jointly adopted by the	100668
department of education and the auditor of state under this	100669
section governing methods by which revenue shall be estimated and	100670
determined sufficient to provide necessary operating revenue for	100671
the purpose of making certifications required by this section, the	100672
officer, employee, or other person shall not be liable under this	100673
section if the estimates and determinations made according to	100674
those rules do not, in fact, conform with actual revenue. The	100675
prosecuting attorney of the county, the city director of law, or	100676
other chief law officer of the district shall enforce this	100677
liability by civil action brought in any court of appropriate	100678
jurisdiction in the name of and on behalf of the school district.	100679
If the prosecuting attorney, city director of law, or other chief	100680
law officer of the district fails, upon the written request of any	100681
taxpayer, to institute action for the enforcement of the	100682
liability, the attorney general, or the taxpayer in the taxpayer's	100683
own name, may institute the action on behalf of the subdivision.	100684

~~(H)~~(G) This section does not require the attachment of an	100685
additional certificate beyond that required by section 5705.41 of	100686
the Revised Code for current payrolls of, or contracts of	100687
employment with, any employees or officers of the school district.	100688

This section does not require the attachment of a certificate	100689
to a temporary appropriation measure if all of the following	100690
apply:	100691

(1) The amount appropriated does not exceed twenty-five per	100692
cent of the total amount from all sources available for	100693
expenditure from any fund during the preceding fiscal year;	100694

(2) The measure will not be in effect on or after the	100695
thirtieth day following the earliest date on which the district	100696
may pass an annual appropriation measure;	100697

(3) An amended official certificate of estimated resources	100698
for the current year, if required, has not been certified to the	100699
board of education under division (B) of section 5705.36 of the	100700
Revised Code.	100701

Sec. 5705.52. (A) As used in this section, "current taxes"	100702
means taxes charged on the tax list of real and public utility	100703
property for a tax year that have not appeared on the list for a	100704
preceding tax year. "Current taxes" does not include penalty or	100705
interest charged for a preceding tax year or special assessments.	100706

(B) A taxing unit that receives money from an oil and gas	100707
escrow fund under division (G) of section 5705.32 of the Revised	100708
Code shall repay to the owner of each horizontal well that paid	100709
the fee required by division (L) of section 1509.06 of the Revised	100710
Code an amount equal to the amount of money the taxing unit	100711
received from the oil and gas escrow fund on the basis of each	100712
owner's well. Interest shall not accrue on any unpaid balance.	100713

Once per tax year, beginning with the tax year following the	100714
tax year in which the taxing unit receives such money, the fiscal	100715
officer of the taxing unit shall pay to each owner of such well an	100716
amount equal to fifty per cent of current taxes paid by the owner	100717
for the preceding tax year for oil and gas reserves resulting from	100718
the production of the owner's horizontal well and valued in	100719
accordance with section 5713.051 of the Revised Code to the extent	100720
those taxes were payable to that taxing unit for the tax year.	100721
Except as provided in division (C) of this section, the fiscal	100722
officer shall make such payments to an owner until the sum of such	100723
payments equals the amount the taxing unit received from the oil	100724
and gas escrow fund on the basis of that owner's horizontal well.	100725
If a payment would cause the total amount paid to any owner to	100726
exceed the amount of money the taxing unit received from the oil	100727
and gas escrow fund on the basis of that owner's well, the fiscal	100728
officer shall pay the owner only up to this amount.	100729

The fiscal officer shall draw such payments from the fund or	100730
funds of the taxing unit to which money from the oil and gas	100731
escrow fund were deposited in proportion to the amount deposited	100732
in each fund. If insufficient money exists in a fund such that the	100733
amount of the payment that is required to be paid from that fund	100734
cannot fully be paid from the fund, the fiscal officer shall pay	100735
the deficiency from the general fund of the taxing unit.	100736

(C) If, for a tax year, an owner that the fiscal officer is	100737
required to pay under this section does not pay current taxes on	100738
oil and gas reserves from the production of the owner's horizontal	100739
well, the fiscal officer shall make no payment to the owner in the	100740
succeeding tax year.	100741

Sec. 5713.01. (A) Each county shall be the unit for	100742
assessing real estate for taxation purposes. The county auditor	100743
shall be the assessor of all the real estate in the auditor's	100744
county for purposes of taxation, but this section does not affect	100745
the power conferred by Chapter 5727. of the Revised Code upon the	100746
tax commissioner regarding the valuation and assessment of real	100747
property used in railroad operations.	100748

(B) The auditor shall assess all the real estate situated in	100749
the county at its taxable value in accordance with sections	100750
5713.03, 5713.31, and 5715.01 of the Revised Code and with the	100751
rules and methods applicable to the auditor's county adopted,	100752
prescribed, and promulgated by the tax commissioner. The auditor	100753
shall view and appraise or cause to be viewed and appraised at its	100754
true value in money, each lot or parcel of real estate, including	100755
land devoted exclusively to agricultural use, and the improvements	100756
located thereon at least once in each six-year period ~~and the~~	100757
unless the auditor is otherwise ordered by the commissioner under	100758
section 5715.33 of the Revised Code. The taxable values required	100759
to be derived therefrom shall be placed on the auditor's tax list	100760
and the county treasurer's duplicate for the tax year ordered by	100761
the commissioner pursuant to section 5715.34 of the Revised Code.	100762
The commissioner may grant an extension of one year or less if the	100763
commissioner finds that good cause exists for the extension. When	100764
the auditor so views and appraises, the auditor may enter each	100765
structure located thereon to determine by actual view what	100766
improvements have been made therein or additions made thereto	100767
since the next preceding valuation. The auditor shall revalue and	100768
assess at any time all or any part of the real estate in such	100769
county, including land devoted exclusively to agricultural use,	100770
where the auditor finds that the true or taxable values thereof	100771
have changed, and when a conservation easement is created under	100772
sections 5301.67 to 5301.70 of the Revised Code. The auditor may	100773
increase or decrease the true or taxable value of any lot or	100774
parcel of real estate in any township, municipal corporation, or	100775
other taxing district by an amount which will cause all real	100776
property on the tax list to be valued as required by law, or the	100777
auditor may increase or decrease the aggregate value of all real	100778
property, or any class of real property, in the county, township,	100779
municipal corporation, or other taxing district, or in any ward or	100780
other division of a municipal corporation by a per cent or amount	100781
which will cause all property to be properly valued and assessed	100782
for taxation in accordance with Section 36, Article II, Section 2,	100783
Article XII, Ohio Constitution, this section, and sections	100784
5713.03, 5713.31, and 5715.01 of the Revised Code.	100785

(C) When the auditor determines to reappraise all the real	100786
estate in the county or any class thereof, when the tax	100787
commissioner orders an increase in the aggregate true or taxable	100788
value of the real estate in any taxing subdivision, or when the	100789
taxable value of real estate is increased by the application of a	100790
uniform taxable value per cent of true value pursuant to the order	100791
of the commissioner, the auditor shall advertise the completion of	100792
the reappraisal or equalization action in a newspaper of general	100793
circulation in the county once a week for the three consecutive	100794
weeks next preceding the issuance of the tax bills, or as provided	100795
in section 7.16 of the Revised Code for the two consecutive weeks	100796
next preceding the issuance of the tax bills. When the auditor	100797
changes the true or taxable value of any individual parcels of	100798
real estate, the auditor shall notify the owner of the real	100799
estate, or the person in whose name the same stands charged on the	100800
duplicate, by mail or in person, of the changes the auditor has	100801
made in the assessments of such property. Such notice shall be	100802
given at least thirty days prior to the issuance of the tax bills.	100803
Failure to receive notice shall not invalidate any proceeding	100804
under this section.	100805

(D) The auditor shall make the necessary abstracts from books	100806
of the auditor's office containing descriptions of real estate in	100807
such county, together with such platbooks and lists of transfers	100808
of title to land as the auditor deems necessary in the performance	100809
of the auditor's duties in valuing such property for taxation.	100810
Such abstracts, platbooks, and lists shall be in such form and	100811
detail as the tax commissioner prescribes.	100812

(E) The auditor, with the approval of the tax commissioner,	100813
may appoint and employ such experts, deputies, clerks, or other	100814
employees as the auditor deems necessary to the performance of the	100815
auditor's duties as assessor, or, with the approval of the tax	100816
commissioner, the auditor may enter into a contract with an	100817
individual, partnership, firm, company, or corporation to do all	100818
or any part of the work; the amount to be expended in the payment	100819
of the compensation of such employees shall be fixed by the board	100820
of county commissioners. If, in the opinion of the auditor, the	100821
board of county commissioners fails to provide a sufficient amount	100822
for the compensation of such employees, the auditor may apply to	100823
the tax commissioner for an additional allowance, and the	100824
additional amount of compensation allowed by the commissioner	100825
shall be certified to the board of county commissioners, and the	100826
same shall be final. The salaries and compensation of such	100827
experts, deputies, clerks, and employees shall be paid upon the	100828
warrant of the auditor out of the general fund or the real estate	100829
assessment fund of the county, or both. If the salaries and	100830
compensation are in whole or in part fixed by the commissioner,	100831
they shall constitute a charge against the county regardless of	100832
the amount of money in the county treasury levied or appropriated	100833
for such purposes.	100834

(F) Any contract for goods or services related to the	100835
auditor's duties as assessor, including contracts for mapping,	100836
computers, and reproduction on any medium of any documents,	100837
records, photographs, microfiche, or magnetic tapes, but not	100838
including contracts for the professional services of an appraiser,	100839
shall be awarded pursuant to the competitive bidding procedures	100840
set forth in sections 307.86 to 307.92 of the Revised Code and	100841
shall be paid for, upon the warrant of the auditor, from the real	100842
estate assessment fund.	100843

(G) Experts, deputies, clerks, and other employees, in	100844
addition to their other duties, shall perform such services as the	100845
auditor directs in ascertaining such facts, description, location,	100846
character, dimensions of buildings and improvements, and other	100847
circumstances reflecting upon the value of real estate as will aid	100848
the auditor in fixing its true and taxable value and, in the case	100849
of land valued in accordance with section 5713.31 of the Revised	100850
Code, its current agricultural use value. The auditor may also	100851
summon and examine any person under oath in respect to any matter	100852
pertaining to the value of any real property within the county.	100853

Sec. 5713.05. On or before the thirty-first day of March,	100854
annually, the county auditor shall make a list of petroleum, oil,	100855
and ~~natural~~ gas wells, coal and ore mines, limestone quarries,	100856
fireclay pits, and works designed for the production of minerals	100857
which have been begun or constructed since the last preceding	100858
appraisal.	100859

If, by reason of the discovery of such minerals, the	100860
construction of such works, the commencement of such operations,	100861
or the development of such minerals, or otherwise, within the	100862
year, the value of the lands containing or producing such minerals	100863
or the value of any right to such minerals, listed and taxed	100864
separately from such lands, has increased in value to one hundred	100865
dollars or more, the auditor shall increase the assessment of such	100866
land or right to the minerals therein to its taxable value in the	100867
name of the owner thereof. If the auditor finds that rights to	100868
minerals contained or produced in or upon any lot or parcel of	100869
land have been previously created and not separately assessed for	100870
taxation, hethe auditor shall apportion the aggregate valuation	100871
of the lot or parcel and the right to minerals therein as provided	100872
in section 5713.06 of the Revised Code.	100873

If the value of any lot or parcel of land containing or	100874
producing petroleum, oil, ~~natural~~ gas, coal, ore, limestone,	100875
fireclay, or other minerals, or of any right to the minerals	100876
therein shall decrease within one year because of the exhaustion	100877
of any such minerals or the failure to find or develop such	100878
minerals, the auditor shall determine the decrease in value of	100879
such lot or parcel in consequence of such exhaustion or failure to	100880
find or develop, if the fee of the soil and the right to the	100881
minerals is owned by and assessed for taxation against the same	100882
person. If the title to the fee of the soil is in one or more	100883
persons and the right to the minerals therein is in another	100884
person, the auditor shall determine the decrease in value of such	100885
right to the mineral therein by reason of such exhaustion or	100886
failure to find or develop. If the auditor finds that the value of	100887
any such lot or parcel of land or any such right to the minerals	100888
therein has decreased by one hundred dollars or more by reason of	100889
such exhaustion or of such failure to find or develop, hethe	100890
auditor may reduce the valuation of such lands or of such rights	100891
to the minerals therein so as to place such valuation at its	100892
taxable value.	100893

Sec. 5713.051. (A) As used in this section:

100894

(1) "Oil" means all grades of crude oil and condensate.

100895

(2) "Gas" means all ~~forms of natural gas~~hydrocarbons that	100896
are in a gaseous state at standard temperature and pressure.	100897

(3) "Condensate" means liquid hydrocarbons that were	100898
originally in the gaseous phase in the reservoir.	100899

(4) "Well" means an oil or gas well or an oil and gas well.

100900

~~(4)~~(5) "M.C.F." means one thousand cubic feet.

100901

~~(5)~~(6) "British thermal unit" means the measure of heat	100902
energy required to raise the temperature of one pound of water by	100903
one degree fahrenheit at a specified temperature.	100904

(7) "Commonly metered wells" means two or more wells that	100905
share the same meter.	100906

~~(6)~~(8) "Total production" means the total amount of oil,	100907
measured in barrels, and the total amount of gas, measured in	100908
M.C.F., of all oil and gas actually produced and sold from a	100909
single well that is developed and producing on the tax lien date.	100910
For commonly metered wells, "total production" means the total	100911
amount of oil, measured in barrels, and the total amount of gas,	100912
measured in M.C.F., of all oil and gas actually produced and sold	100913
from the commonly metered wells divided by the number of the	100914
commonly metered wells.	100915

~~(7)~~(9) "Flush production" means total production from a	100916
single well during the first twelve calendar months during not	100917
more than two consecutive calendar years after a well first begins	100918
to produce. For commonly metered wells, "flush production" means	100919
total production during the first twelve calendar months during	100920
not more than two consecutive calendar years after a well first	100921
begins to produce from all wells with flush production divided by	100922
the number of those wells.	100923

~~(8)~~(10) "Production through secondary recovery methods" means	100924
total production from a single well where mechanically induced	100925
pressure, such as air, nitrogen, carbon dioxide, or water	100926
pressure, is used to stimulate and maintain production in the oil	100927
and gas reservoir, exclusive of any flush production. For commonly	100928
metered wells, "production through secondary recovery methods"	100929
means total production from all wells with production through	100930
secondary recovery methods divided by the number of ~~the~~ those	100931
wells.	100932

~~(9)~~(11) "Stabilized production" means total production	100933
reduced, if applicable, by the greater of forty-two and one-half	100934
per cent of flush production or fifty per cent of production	100935
through secondary recovery methods.	100936

~~(10)~~(12) "Average daily production" means stabilized	100937
production divided by three hundred sixty-five, provided the well	100938
was in production at the beginning of the calendar year. If the	100939
well was not in production at the beginning of the calendar year,	100940
"average daily production" means stabilized production divided by	100941
the number of days beginning with the day the well went into	100942
production in the calendar year and ending with the thirty-first	100943
day of December.	100944

~~(11)~~(13)(a) "Gross price" means the unweighted average price	100945
per barrel of oil, or the average price per M.C.F. of gas with a	100946
British thermal unit measurement equal to or less than one	100947
thousand fifty per cubic foot, produced from Ohio wells and first	100948
sold during the five-year period ending with the calendar year	100949
immediately preceding the tax lien date, as reported by the	100950
department of natural resources.	100951

(b) For gas with a British thermal unit measurement of more	100952
than one thousand fifty per cubic foot, "gross price" means:	100953

(i) If the British thermal unit measurement of the gas is	100954
greater than one thousand fifty per cubic foot but less than or	100955
equal to one thousand two hundred per cubic foot, the sum of the	100956
price established for gas under division (A)(13)(a) of this	100957
section multiplied by nine thousand three hundred twenty-nine	100958
ten-thousandths, plus the gross price per gallon of natural gas	100959
liquids multiplied by two and one-half.	100960

(ii) If the British thermal unit measurement of the gas is	100961
greater than one thousand two hundred per cubic foot but less than	100962
or equal to one thousand three hundred fifty per cubic foot, the	100963
sum of the price established for gas under division (A)(13)(a) of	100964
this section multiplied by eight thousand two hundred thirty-two	100965
ten-thousandths, plus the gross price per gallon of natural gas	100966
liquids multiplied by five and one-half.	100967

(iii) If the British thermal unit measurement of the gas is	100968
greater than one thousand three hundred fifty per cubic foot, the	100969
sum of the price established for gas under division (A)(13)(a) of	100970
this section multiplied by seven thousand three hundred sixty-six	100971
ten-thousandths, plus the gross price per gallon of natural gas	100972
liquids multiplied by eight and one-half.	100973

(c) As used in division (A)(13) of this section, "gross price	100974
per gallon of natural gas liquids" means the sum of the spot	100975
prices per gallon of natural gas liquids established for each	100976
calendar quarter by the tax commissioner under division (D) of	100977
section 5749.02 of the Revised Code for calendar quarters in the	100978
preceding tax year, divided by four.	100979

~~(12)~~(14) "Average annual decline rate" means the amount of	100980
yearly decline in oil and gas production of a well after flush	100981
production has ended. For the purposes of this section, the	100982
average annual decline rate is thirteen per cent.	100983

~~(13)~~(15) "Gross revenue" means the gross revenue from a well	100984
during a ten-year discount period with production assumed to be	100985
one barrel of oil or one M.C.F. of gas during the first year of	100986
production and declining at the annual average annual decline rate	100987
during the remaining nine years of the ten-year discount period,	100988
as follows:	100989

(a) First year: one barrel or one M.C.F. multiplied by gross	100990
price;	100991

(b) Second year: 0.870 barrel or 0.870 M.C.F. multiplied by	100992
gross price;	100993

(c) Third year: 0.757 barrel or 0.757 M.C.F. multiplied by	100994
gross price;	100995

(d) Fourth year: 0.659 barrel or 0.659 M.C.F. multiplied by	100996
gross price;	100997

(e) Fifth year: 0.573 barrel or 0.573 M.C.F. multiplied by	100998
gross price;	100999

(f) Sixth year: 0.498 barrel or 0.498 M.C.F. multiplied by	101000
gross price;	101001

(g) Seventh year: 0.434 barrel or 0.434 M.C.F. multiplied by	101002
gross price;	101003

(h) Eighth year: 0.377 barrel or 0.377 M.C.F. multiplied by	101004
gross price;	101005

(i) Ninth year: 0.328 barrel or 0.328 M.C.F. multiplied by	101006
gross price;	101007

(j) Tenth year: 0.286 barrel or 0.286 M.C.F. multiplied by	101008
gross price.	101009

~~(14)~~(16) "Average royalty expense" means the annual cost of	101010
royalties paid by all working interest owners in a well. For the	101011
purposes of this section, the average royalty expense is fifteen	101012
per cent of annual gross revenue.	101013

~~(15)~~(17) "Average operating expense" means the annual cost of	101014
operating and maintaining a producing well after it first begins	101015
production. For the purposes of this section, the average	101016
operating expense is forty per cent of annual gross revenue.	101017

~~(16)~~(18) "Average capital recovery expense" means the annual	101018
capitalized investment cost of a developed and producing well. For	101019
the purposes of this section, average capital recovery expense is	101020
thirty per cent of annual gross revenue.	101021

~~(17)~~(19) "Discount rate" means the rate used to determine the	101022
present net worth of one dollar during each year of the ten-year	101023
discount period assuming the net income stream projected for each	101024
year of the ten-year discount period is received at the half-year	101025
point. For the purposes of this section, the discount rate equals	101026
thirteen per cent plus the rate per annum prescribed by division	101027
(B) of section 5703.47 of the Revised Code and determined by the	101028
tax commissioner in October of the calendar year immediately	101029
preceding the tax lien date.	101030

(B) The true value in money of oil reserves constituting real	101031
property on tax lien dates January 1, 2007, and thereafter with	101032
respect to a developed and producing well that has not been the	101033
subject of a recent arm's length sale, exclusive of personal	101034
property necessary to recover the oil, shall be determined under	101035
division (B)(1) or (2) of this section.	101036

(1) For wells for which average daily production of oil is	101037
one barrel or more in the calendar year preceding the tax lien	101038
date, the true value in money equals the average daily production	101039
of oil from the well multiplied by the net present value of one	101040
barrel of oil, where:	101041

(a) Net present value of one barrel of oil = 365 x the sum of	101042
[net income for each year of the discount period x discount rate	101043
factor for that year] for all years in the discount period; and	101044

(b) Net income for a year of the discount period = gross	101045
revenue for that year minus the sum of the following for that	101046
year: average royalty expense, average operating expense, and	101047
average capital recovery expense.	101048

(2) For wells for which average daily production of oil is	101049
less than one barrel in the calendar year preceding the tax lien	101050
date, the true value in money equals the average daily production	101051
of the well in the calendar year preceding the tax lien date	101052
multiplied by sixty per cent of the net present value of one	101053
barrel of oil as computed under division (B)(1) of this section.	101054

(C) The true value in money of gas reserves constituting real	101055
property on tax lien dates January 1, 2007, and thereafter with	101056
respect to a developed and producing well that has not been the	101057
subject of a recent arm's length sale, exclusive of personal	101058
property necessary to recover the gas, shall be determined under	101059
division (C)(1) or (2) of this section.	101060

(1) For wells for which average daily production of gas is	101061
eight M.C.F. or more in the calendar year preceding the tax lien	101062
date, the true value in money equals the average daily production	101063
of gas from the well multiplied by the net present value of one	101064
M.C.F. of gas, where:	101065

(a) Net present value of one M.C.F. of gas = 365 x the sum of	101066
[net income for each year of the discount period x discount rate	101067
factor for that year] for all years in the discount period; and	101068

(b) Net income for a year of the discount period = gross	101069
revenue for that year minus the sum of the following for that	101070
year: average royalty expense, average operating expense, and	101071
average capital recovery expense.	101072

(2) For wells for which average daily production of gas is	101073
less than eight M.C.F. in the calendar year preceding the tax lien	101074
date, the true value in money equals the average daily production	101075
of the well in the calendar year preceding the tax lien date	101076
multiplied by fifty per cent of the net present value of one	101077
M.C.F. as computed under division (C)(1) of this section.	101078

Sec. 5715.24. (A) The tax commissioner, annually, shall	101079
determine whether the real property and the various classes	101080
thereof in the several counties, municipal corporations, and	101081
taxing districts which have completed a sexennial reappraisal in	101082
the current year and which will have the new taxable values placed	101083
on the tax list and duplicate have been assessed as required by	101084
law, and whether the values set forth in the agricultural land tax	101085
list in such taxing districts correctly reflect the true and	101086
agricultural use values of the lands contained therein. The	101087
determination shall be made prior to the first Monday in August	101088
unless the commissioner, for good cause, extends the date. If the	101089
commissioner finds that the real property or any class thereof in	101090
any such county, municipal corporation, or taxing district, as	101091
reported to it by the several county auditors of the counties that	101092
have completed such reappraisal is not listed for taxation or	101093
recorded on the agricultural land tax list in accordance	101094
therewith, the commissioner shall increase or decrease the	101095
appropriate aggregate value of the real property or any class	101096
thereof in any such county, township, municipal corporation,	101097
taxing district, or ward or division of a municipal corporation,	101098
by a per cent or amount that will cause such property to be	101099
correctly valued on the agricultural land tax list and to be	101100
correctly assessed on the tax list at its taxable value so that	101101
every class of real property shall be listed and valued for	101102
taxation and valued for purposes of sections 5713.33 to 5713.35 of	101103
the Revised Code as required by law. In determining whether a	101104
class of real property has been assessed at its correct taxable	101105
value and in determining any per cent or amount by which the	101106
aggregate value of the class from a prior year shall be increased	101107
or decreased to be correctly assessed, the commissioner shall	101108
consider only the aggregate values of property that existed in the	101109
prior year and that is to be taxed in the current year. In	101110
addition to any other adjustments the commissioner considers	101111
necessary to comply with this requirement, the value of new	101112
construction shall not be regarded as an increase in such	101113
aggregate value from the prior year, and the value of property	101114
destroyed or demolished since the prior year shall be deducted	101115
from the aggregate value of that class for the prior year.	101116

In implementing any increase or decrease in valuation of real	101117
property ordered by the commissioner pursuant to this section, the	101118
county auditor shall, when practicable, increase or decrease the	101119
taxable valuation of parcels in accordance with actual changes in	101120
valuation of real property which occur in different subdivisions,	101121
neighborhoods, or among classes of real property in the county.	101122

(B) Division (A) of this section also applies to a county in	101123
the third calendar year following the year in which a sexennial	101124
reappraisal is completed. The tax commissioner may extend or	101125
shorten the reappraisal or reassessment cycle of any county for	101126
the purpose of equalizing and regionalizing real property	101127
assessment cycles, but the commissioner may not reschedule any	101128
reappraisal or reassessment required by law after tax year 2023	101129
under the authority granted by this division.	101130

Sec. 5715.33. The tax commissioner shall order a reappraisal	101131
of all real property in each county once in each six-year period.	101132
The commissioner may extend or shorten the six-year period for the	101133
purpose of equalizing and regionalizing real property assessment	101134
cycles, but the commissioner may not reschedule any reappraisal or	101135
reassessment required by law after tax year 2023 under the	101136
authority granted by this division. The commissioner may order the	101137
commencement of any sexennial reappraisal in sufficient time for	101138
the county auditor to complete the reappraisal as required by	101139
section 5713.01 of the Revised Code. The commissioner may order a	101140
reassessment of the real property or any class thereof in any	101141
taxing district or subdivision thereof in the third calendar year	101142
following the year in which a sexennial reappraisal is completed	101143
if, in ~~his~~the commissioner's opinion, such property has been	101144
unequally or improperly assessed, so that all classes of property	101145
in such district shall be assessed in compliance with law.	101146

Sec. 5717.01. An appeal from a decision of a county board of	101147
revision may be taken to the board of tax appeals within thirty	101148
days after notice of the decision of the county board of revision	101149
is mailed as provided in division (A) of section 5715.20 of the	101150
Revised Code. Such an appeal may be taken by the county auditor,	101151
the tax commissioner, or any board, legislative authority, public	101152
official, or taxpayer authorized by section 5715.19 of the Revised	101153
Code to file complaints against valuations or assessments with the	101154
auditor. Such appeal shall be taken by the filing of a notice of	101155
appeal, in person or by certified mail, express mail, facsimile	101156
transmission, electronic transmission using electronic mail, or	101157
by authorized delivery service, with the board of tax appeals and	101158
with the county board of revision. If notice of appeal is filed by	101159
certified mail, express mail, or authorized delivery service as	101160
provided in section 5703.056 of the Revised Code, the date of the	101161
United States postmark placed on the sender's receipt by the	101162
postal service or the date of receipt recorded by the authorized	101163
delivery service shall be treated as the date of filing. If notice	101164
of appeal is filed by facsimile transmission or electronic	101165
transmission using electronic mail, the date and time of	101166
transmission shall be treated as the date of filing. Upon receipt	101167
of such notice of appeal such county board of revision shall by	101168
certified mail notify all persons thereof who were parties to the	101169
proceeding before such county board of revision, and shall file	101170
proof of such notice with the board of tax appeals. The county	101171
board of revision shall thereupon certify to the board of tax	101172
appeals a transcript of the record of the proceedings of the	101173
county board of revision pertaining to the original complaint, and	101174
all evidence offered in connection therewith. Such appeal may be	101175
heard by the board of tax appeals at its offices in Columbus or in	101176
the county where the property is listed for taxation, or the board	101177
of tax appeals may cause its examiners to conduct such hearing and	101178
to report to it their findings for affirmation or rejection. An	101179
appeal may proceed pursuant to section 5703.021 of the Revised	101180
Code in the small claims division if the appeal qualifies under	101181
that section.	101182

The board of tax appeals may order the appeal to be heard on	101183
the record and the evidence certified to it by the county board of	101184
revision, or it may order the hearing of additional evidence, and	101185
it may make such investigation concerning the appeal as it deems	101186
proper.	101187

Sec. 5717.011. (A) As used in this chapter, "tax	101188
administrator" has the same meaning as in section 718.01 of the	101189
Revised Code.	101190

(B) Appeals from a municipal board of appeal created under	101191
section 718.11 of the Revised Code may be taken by the taxpayer or	101192
the tax administrator to the board of tax appeals or may be taken	101193
by the taxpayer or the tax administrator to a court of common	101194
pleas as otherwise provided by law. If the taxpayer or the tax	101195
administrator elects to make an appeal to the board of tax appeals	101196
or court of common pleas, and subject to section 5703.021 of the	101197
Revised Code with respect to small claims proceedings, the appeal	101198
shall be taken by the filing of a notice of appeal with the board	101199
of tax appeals or court of common pleas, the municipal board of	101200
appeal, and the opposing party. The notice of appeal shall be	101201
filed within sixty days after the day the appellant receives	101202
notice of the decision issued under section 718.11 of the Revised	101203
Code. The notice of appeal may be filed in person or by certified	101204
mail, express mail, facsimile transmission, electronic	101205
transmission using electronic mail, or by authorized delivery	101206
service as provided in section 5703.056 of the Revised Code. If	101207
the notice of appeal is filed by certified mail, express mail, or	101208
authorized delivery service as provided in section 5703.056 of the	101209
Revised Code, the date of the United States postmark placed on the	101210
sender's receipt by the postal service or the date of receipt	101211
recorded by the authorized delivery service shall be treated as	101212
the date of filing. If notice of appeal is filed by facsimile	101213
transmission or electronic transmission using electronic mail, the	101214
date and time of the transmission shall be treated as the date of	101215
filing. The notice of appeal shall have attached thereto and	101216
incorporated therein by reference a true copy of the decision	101217
issued under section 718.11 of the Revised Code and shall specify	101218
the errors therein complained of, but failure to attach a copy of	101219
such notice and incorporate it by reference in the notice of	101220
appeal does not invalidate the appeal.	101221

(C) Upon the filing of a notice of appeal with the board of	101222
tax appeals, the municipal board of appeal shall certify to the	101223
board of tax appeals a transcript of the record of the proceedings	101224
before it, together with all evidence considered by it in	101225
connection therewith. Such appeals may be heard by the board at	101226
its office in Columbus or in the county where the appellant	101227
resides, or it may cause its examiners to conduct such hearings	101228
and to report to it their findings for affirmation or rejection.	101229
The board may order the appeal to be heard upon the record and the	101230
evidence certified to it by the administrator, but upon the	101231
application of any interested party the board shall order the	101232
hearing of additional evidence, and the board may make such	101233
investigation concerning the appeal as it considers proper. An	101234
appeal may proceed pursuant to section 5703.021 of the Revised	101235
Code in the small claims division if the appeals qualifies under	101236
that section.	101237

(D) If an issue being appealed under this section is	101238
addressed in a municipal corporation's ordinance or regulation,	101239
the tax administrator, upon the request of the board of tax	101240
appeals, shall provide a copy of the ordinance or regulation to	101241
the board of tax appeals.	101242

Sec. 5717.02. (A) Except as otherwise provided by law,	101243
appeals from final determinations by the tax commissioner of any	101244
preliminary, amended, or final tax assessments, reassessments,	101245
valuations, determinations, findings, computations, or orders made	101246
by the commissioner may be taken to the board of tax appeals by	101247
the taxpayer, by the person to whom notice of the tax assessment,	101248
reassessment, valuation, determination, finding, computation, or	101249
order by the commissioner is required by law to be given, by the	101250
director of budget and management if the revenues affected by that	101251
decision would accrue primarily to the state treasury, or by the	101252
county auditors of the counties to the undivided general tax funds	101253
of which the revenues affected by that decision would primarily	101254
accrue. Appeals from the redetermination by the director of	101255
development services under division (B) of section 5709.64 or	101256
division (A) of section 5709.66 of the Revised Code may be taken	101257
to the board of tax appeals by the enterprise to which notice of	101258
the redetermination is required by law to be given. Appeals from a	101259
decision of the tax commissioner or county auditor concerning an	101260
application for a property tax exemption may be taken to the board	101261
of tax appeals by the applicant or by a school district that filed	101262
a statement concerning that application under division (C) of	101263
section 5715.27 of the Revised Code. Appeals from a	101264
redetermination by the director of job and family services under	101265
section 5733.42 of the Revised Code may be taken by the person to	101266
which the notice of the redetermination is required by law to be	101267
given under that section.	101268

(B) The appeals shall be taken by the filing of a notice of	101269
appeal with the board, and with the tax commissioner if the tax	101270
commissioner's action is the subject of the appeal, with the	101271
county auditor if the county auditor's action is the subject of	101272
the appeal, with the director of development services if that	101273
director's action is the subject of the appeal, or with the	101274
director of job and family services if that director's action is	101275
the subject of the appeal. The notice of appeal shall be filed	101276
within sixty days after service of the notice of the tax	101277
assessment, reassessment, valuation, determination, finding,	101278
computation, or order by the commissioner, property tax exemption	101279
determination by the commissioner or the county auditor, or	101280
redetermination by the director has been given as provided in	101281
section 5703.37, 5709.64, 5709.66, or 5733.42 of the Revised Code.	101282
The notice of appeal may be filed in person or by certified mail,	101283
express mail, facsimile transmission, electronic transmission	101284
using electronic mail, or by authorized delivery service. If the	101285
notice of appeal is filed by certified mail, express mail, or	101286
authorized delivery service as provided in section 5703.056 of the	101287
Revised Code, the date of the United States postmark placed on the	101288
sender's receipt by the postal service or the date of receipt	101289
recorded by the authorized delivery service shall be treated as	101290
the date of filing. If notice of appeal is filed by facsimile	101291
transmission or electronic transmission using electronic mail, the	101292
date and time of the transmission shall be treated as the date of	101293
filing. The notice of appeal shall have attached to it and	101294
incorporated in it by reference a true copy of the notice sent by	101295
the commissioner, county auditor, or director to the taxpayer,	101296
enterprise, or other person of the final determination or	101297
redetermination complained of, and shall also specify the errors	101298
therein complained of, but failure to attach a copy of that notice	101299
and to incorporate it by reference in the notice of appeal does	101300
not invalidate the appeal.	101301

(C) Upon the filing of a notice of appeal, the tax	101302
commissioner, county auditor, or the director, as appropriate,	101303
shall certify to the board a transcript of the record of the	101304
proceedings before the commissioner, auditor, or director,	101305
together with all evidence considered by the commissioner,	101306
auditor, or director in connection with the proceedings. Those	101307
appeals or applications may be heard by the board at its office in	101308
Columbus or in the county where the appellant resides, or it may	101309
cause its examiners to conduct the hearings and to report to it	101310
their findings for affirmation or rejection. The board shall	101311
institute procedures to control and manage appeals governed by	101312
this section. The procedures shall include the conduct of	101313
discovery such that, upon the filing of the statutory transcript	101314
in an appeal, the board, through its attorney examiners, shall	101315
establish a case management schedule subject to section 5703.021	101316
of the Revised Code.	101317

(D) The board may order the appeal to be heard upon the	101318
record and the evidence certified to it by the commissioner,	101319
county auditor, or director, but upon the application of any	101320
interested party the board shall order the hearing of additional	101321
evidence, and it may make an investigation concerning the appeal	101322
that it considers proper. An appeal may proceed pursuant to	101323
section 5703.021 of the Revised Code in the small claims division	101324
if the appeal qualifies under that section.	101325

Sec. 5717.04. ~~The~~This section does not apply to any	101326
decision and order of the board made pursuant to section 5703.021	101327
of the Revised Code. Any such decision and order shall be	101328
conclusive upon all parties and may not be appealed.	101329

The proceeding to obtain a reversal, vacation, or	101330
modification of a decision of the board of tax appeals shall be by	101331
appeal to the supreme court or the court of appeals for the county	101332
in which the property taxed is situate or in which the taxpayer	101333
resides. If the taxpayer is a corporation, then the proceeding to	101334
obtain such reversal, vacation, or modification shall be by appeal	101335
to the supreme court or to the court of appeals for the county in	101336
which the property taxed is situate, or the county of residence of	101337
the agent for service of process, tax notices, or demands, or the	101338
county in which the corporation has its principal place of	101339
business. In all other instances, the proceeding to obtain such	101340
reversal, vacation, or modification shall be by appeal to the	101341
court of appeals for Franklin county.	101342

Appeals from decisions of the board determining appeals from	101343
decisions of county boards of revision may be instituted by any of	101344
the persons who were parties to the appeal before the board of tax	101345
appeals, by the person in whose name the property involved in the	101346
appeal is listed or sought to be listed, if such person was not a	101347
party to the appeal before the board of tax appeals, or by the	101348
county auditor of the county in which the property involved in the	101349
appeal is located.	101350

Appeals from decisions of the board of tax appeals	101351
determining appeals from final determinations by the tax	101352
commissioner of any preliminary, amended, or final tax	101353
assessments, reassessments, valuations, determinations, findings,	101354
computations, or orders made by the commissioner may be instituted	101355
by any of the persons who were parties to the appeal or	101356
application before the board, by the person in whose name the	101357
property is listed or sought to be listed, if the decision	101358
appealed from determines the valuation or liability of property	101359
for taxation and if any such person was not a party to the appeal	101360
or application before the board, by the taxpayer or any other	101361
person to whom the decision of the board appealed from was by law	101362
required to be sent, by the director of budget and management if	101363
the revenue affected by the decision of the board appealed from	101364
would accrue primarily to the state treasury, by the county	101365
auditor of the county to the undivided general tax funds of which	101366
the revenues affected by the decision of the board appealed from	101367
would primarily accrue, or by the tax commissioner.	101368

Appeals from decisions of the board upon all other appeals or	101369
applications filed with and determined by the board may be	101370
instituted by any of the persons who were parties to such appeal	101371
or application before the board, by any persons to whom the	101372
decision of the board appealed from was by law required to be	101373
sent, or by any other person to whom the board sent the decision	101374
appealed from, as authorized by section 5717.03 of the Revised	101375
Code.	101376

Such appeals shall be taken within thirty days after the date	101377
of the entry of the decision of the board on the journal of its	101378
proceedings, as provided by such section, by the filing by	101379
appellant of a notice of appeal with the court to which the appeal	101380
is taken and the board. If a timely notice of appeal is filed by a	101381
party, any other party may file a notice of appeal within ten days	101382
of the date on which the first notice of appeal was filed or	101383
within the time otherwise prescribed in this section, whichever is	101384
later. A notice of appeal shall set forth the decision of the	101385
board appealed from and the errors therein complained of. Proof of	101386
the filing of such notice with the board shall be filed with the	101387
court to which the appeal is being taken. The court in which	101388
notice of appeal is first filed shall have exclusive jurisdiction	101389
of the appeal.	101390

In all such appeals the ~~tax~~ commissioner or all persons to	101391
whom the decision of the board appealed from is required by such	101392
section to be sent, other than the appellant, shall be made	101393
appellees. Unless waived, notice of the appeal shall be served	101394
upon all appellees by certified mail. The prosecuting attorney	101395
shall represent the county auditor in any such appeal in which the	101396
auditor is a party.	101397

The board, upon written demand filed by an appellant, shall	101398
within thirty days after the filing of such demand file with the	101399
court to which the appeal is being taken a certified transcript of	101400
the record of the proceedings of the board pertaining to the	101401
decision complained of and the evidence considered by the board in	101402
making such decision.	101403

If upon hearing and consideration of such record and evidence	101404
the court decides that the decision of the board appealed from is	101405
reasonable and lawful it shall affirm the same, but if the court	101406
decides that such decision of the board is unreasonable or	101407
unlawful, the court shall reverse and vacate the decision or	101408
modify it and enter final judgment in accordance with such	101409
modification.	101410

The clerk of the court shall certify the judgment of the	101411
court to the board, which shall certify such judgment to such	101412
public officials or take such other action in connection therewith	101413
as is required to give effect to the decision. The "taxpayer"	101414
includes any person required to return any property for taxation.	101415

Any party to the appeal shall have the right to appeal from	101416
the judgment of the court of appeals on questions of law, as in	101417
other cases.	101418

Sec. 5726.20. (A) The tax commissioner may make an	101419
assessment, based on any information in the commissioner's	101420
possession, against any person that fails to file a return or	101421
report or pay any tax as required by this chapter. The reporting	101422
person for a taxpayer shall file the annual report required under	101423
section 5726.02 of the Revised Code and remit the tax imposed by	101424
this chapter. Each person included in the annual report of the	101425
taxpayer is jointly and severally liable for the tax imposed by	101426
this chapter and any penalties and interest thereon. If the	101427
reporting person fails, for any reason, to file and remit any tax,	101428
the amount due may be collected by assessment against the	101429
reporting person and against any or all other persons required to	101430
be included in the annual report of the taxpayer ~~in the manner~~	101431
~~provided by this section~~as provided in section 5703.90 of the	101432
Revised Code. The commissioner shall make the assessment in the	101433
manner provided in this section. The commissioner shall give the	101434
person assessed written notice of the assessment as provided in	101435
section 5703.37 of the Revised Code. With the notice, the	101436
commissioner shall provide instructions on the manner in which to	101437
petition for reassessment and request a hearing with respect to	101438
the petition.	101439

(B) No assessment shall be made or issued against a person	101440
under this section more than four years after the later of the	101441
final date the report subject to assessment was required to be	101442
filed or the date such report was filed. Such time limit may be	101443
extended if both the person and the commissioner consent in	101444
writing to the extension or if an agreement waiving or extending	101445
the time limit has been entered into pursuant to section 122.171	101446
of the Revised Code. Any such extension shall extend the four-year	101447
time limit prescribed in division (A) of section 5726.30 of the	101448
Revised Code for the same period of time. There shall be no bar or	101449
limit to an assessment against a person that fails to file a	101450
report subject to assessment as required by this chapter, or that	101451
files a fraudulent report.	101452

(C) Unless the person assessed, within sixty days after	101453
service of the notice of assessment, files with the tax	101454
commissioner, either in person or by certified mail, a written	101455
petition for reassessment signed by the person or the person's	101456
authorized agent having knowledge of the facts, the assessment	101457
shall become final, and the amount of the assessment is due and	101458
payable from the person assessed to the treasurer of state. A	101459
petition shall indicate the objections of the person assessed, but	101460
additional objections may be raised in writing if received by the	101461
commissioner prior to the date shown on the final determination.	101462
If a petition for reassessment has been properly filed, the	101463
commissioner shall proceed under section 5703.60 of the Revised	101464
Code.	101465

(D)(1) After an assessment becomes final, if any portion of	101466
the assessment, including any accrued interest, remains unpaid, a	101467
certified copy of the tax commissioner's entry making the	101468
assessment final may be filed in the office of the clerk of the	101469
court of common pleas in the county in which the person resides or	101470
has its principal place of business in this state, or in the	101471
office of the clerk of court of common pleas of Franklin county.	101472

(2) Immediately upon the filing of the entry, the clerk shall	101473
enter judgment for the state against the person assessed in the	101474
amount shown on the entry. The judgment may be filed by the clerk	101475
in a loose-leaf book entitled, "special judgments for the	101476
financial institution tax" and shall have the same effect as other	101477
judgments. Execution shall issue upon the judgment at the request	101478
of the tax commissioner, and all laws applicable to sales on	101479
execution shall apply to sales made under the judgment.	101480

(3) ~~The portion of~~If the assessment is not paid in its	101481
entirety within sixty days after the day the assessment was	101482
issued, the portion of the assessment consisting of tax due shall	101483
bear interest at the rate per annum prescribed by section 5703.47	101484
of the Revised Code from the date the tax commissioner issues the	101485
assessment until the date the assessment is paid or until it is	101486
certified to the attorney general for collection under section	101487
131.02 of the Revised Code, whichever comes first. If the unpaid	101488
portion of the assessment is certified to the attorney general for	101489
collection, the entire unpaid portion of the assessment shall bear	101490
interest at the rate per annum prescribed by section 5703.47 of	101491
the Revised Code from the date of certification until the date it	101492
is paid in its entirety. Interest shall be paid in the same manner	101493
as the tax and may be collected by the issuance of an assessment	101494
under this section.	101495

(E) If the tax commissioner believes that collection of the	101496
tax imposed by this chapter will be jeopardized unless proceedings	101497
to collect or secure collection of the tax are instituted without	101498
delay, the commissioner may issue a jeopardy assessment against	101499
the person liable for the tax. Immediately upon the issuance of	101500
the jeopardy assessment, the commissioner shall file an entry with	101501
the clerk of the court of common pleas in the manner prescribed by	101502
division (D) of this section. Notice of the jeopardy assessment	101503
shall be served on the person assessed or the person's authorized	101504
agent in the manner provided in section 5703.37 of the Revised	101505
Code within five days of the filing of the entry with the clerk.	101506
The total amount assessed shall be immediately due and payable,	101507
unless the person assessed files a petition for reassessment in	101508
accordance with division (C) of this section and provides security	101509
in a form satisfactory to the commissioner and in an amount	101510
sufficient to satisfy the unpaid balance of the assessment. Full	101511
or partial payment of the assessment shall not prejudice the	101512
commissioner's consideration of the petition for reassessment.	101513

(F) The tax commissioner shall immediately forward to the	101514
treasurer of state all amounts the commissioner receives under	101515
this section. Such amounts shall be considered as revenue arising	101516
from the tax imposed by this chapter.	101517

(G) If the tax commissioner possesses information indicating	101518
that the amount of tax a taxpayer is required to pay under this	101519
chapter exceeds the amount the reporting person for the taxpayer	101520
paid, the tax commissioner may audit a sample of the taxpayer's	101521
gross receipts over a representative period of time to ascertain	101522
the amount of tax due, and may issue an assessment based on the	101523
audit. The tax commissioner shall make a good faith effort to	101524
reach agreement with the taxpayer in selecting a representative	101525
sample. The tax commissioner may apply a sampling method only if	101526
the commissioner has prescribed the method by rule.	101527

(H) If the whereabouts of a person subject to this chapter is	101528
not known to the tax commissioner, the secretary of state is	101529
hereby deemed to be that person's agent for purposes of service of	101530
process or notice of any assessment, action, or proceedings	101531
instituted in this state against the person under this chapter.	101532
Such process or notice shall be served on such person by the	101533
commissioner or by an agent of the commissioner by leaving a true	101534
and attested copy of the process or notice at the office of the	101535
secretary of state at least fifteen days before the return day of	101536
such process or notice, and by sending a copy of the process or	101537
notice to such person by ordinary mail, with an endorsement	101538
thereon of the service upon the secretary of state, addressed to	101539
such person at the person's last known address.	101540

Sec. 5727.01. As used in this chapter:

101541

(A) "Public utility" means each person referred to as a	101542
telephone company, telegraph company, electric company, natural	101543
gas company, pipe-line company, water-works company, water	101544
transportation company, heating company, rural electric company,	101545
railroad company, combined company, or energy company.	101546

(B) "Gross receipts" means the entire receipts for business	101547
done by any person from operations as a public utility, or	101548
incidental thereto, or in connection therewith, including any	101549
receipts received under Chapter 4928. of the Revised Code. The	101550
gross receipts for business done by an incorporated company	101551
engaged in operation as a public utility includes the entire	101552
receipts for business done by such company under the exercise of	101553
its corporate powers, whether from the operation as a public	101554
utility or from any other business.	101555

(C) "Rural electric company" means any nonprofit corporation,	101556
organization, association, or cooperative engaged in the business	101557
of supplying electricity to its members or persons owning an	101558
interest therein in an area the major portion of which is rural.	101559
"Rural electric company" excludes an energy company.	101560

(D) Any person:

101561

(1) Is a telegraph company when engaged in the business of	101562
transmitting telegraphic messages to, from, through, or in this	101563
state;	101564

(2) Is a telephone company when primarily engaged in the	101565
business of providing local exchange telephone service, excluding	101566
cellular radio service, in this state;	101567

(3) Is an electric company when engaged in the business of	101568
generating, transmitting, or distributing electricity within this	101569
state for use by others, but excludes a rural electric company or	101570
an energy company;	101571

(4) Is a natural gas company when engaged in the business of	101572
supplying or distributing natural gas for lighting, power, or	101573
heating purposes to consumers within this state, excluding a	101574
person that is a governmental aggregator or retail natural gas	101575
supplier as defined in section 4929.01 of the Revised Code;	101576

(5) Is a pipe-line company when engaged in the business of	101577
transporting natural gas, oil, or coal or its derivatives through	101578
pipes or tubing, either wholly or partially within this state;	101579

(6) Is a water-works company when engaged in the business of	101580
supplying water through pipes or tubing, or in a similar manner,	101581
to consumers within this state;	101582

(7) Is a water transportation company when engaged in the	101583
transportation of passengers or property, by boat or other	101584
watercraft, over any waterway, whether natural or artificial, from	101585
one point within this state to another point within this state, or	101586
between points within this state and points without this state;	101587

(8) Is a heating company when engaged in the business of	101588
supplying water, steam, or air through pipes or tubing to	101589
consumers within this state for heating purposes;	101590

(9) Is a railroad company when engaged in the business of	101591
owning or operating a railroad either wholly or partially within	101592
this state on rights-of-way acquired and held exclusively by such	101593
company, or otherwise, and includes a passenger, street, suburban,	101594
or interurban railroad company;	101595

(10) Is an energy company when engaged in the business of	101596
generating, transmitting, or distributing electricity within this	101597
state for use by others solely from an energy facility with an	101598
aggregate nameplate capacity in excess of two hundred fifty	101599
kilowatts.	101600

As used in division (D)(2) of this section, "local exchange	101601
telephone service" means making available or furnishing access and	101602
a dial tone to all persons within a local calling area for use in	101603
originating and receiving voice grade communications over a	101604
switched network operated by the provider of the service within	101605
the area and for gaining access to other telecommunication	101606
services.	101607

(E) "Taxable property" means the property required by section	101608
5727.06 of the Revised Code to be assessed by the tax	101609
commissioner, but does not include either of the following:	101610

(1) An item of tangible personal property that for the period	101611
subsequent to the effective date of an air, water, or noise	101612
pollution control certificate and continuing so long as the	101613
certificate is in force, has been certified as part of the	101614
pollution control facility with respect to which the certificate	101615
has been issued;	101616

(2) An item of tangible personal property that during the	101617
construction of a plant or facility and until the item is first	101618
capable of operation, whether actually used in operation or not,	101619
is incorporated in or being held exclusively for incorporation in	101620
that plant or facility.	101621

Notwithstanding section 5701.03 of the Revised Code, for tax	101622
year 2006 and thereafter, "taxable property" includes patterns,	101623
jigs, dies, and drawings of an electric company or a combined	101624
company for use in the activity of an electric company.	101625

(F) "Taxing district" means a municipal corporation or	101626
township, or part thereof, in which the aggregate rate of taxation	101627
is uniform.	101628

(G) "Telecommunications service" has the same meaning as in	101629
~~division (AA) of~~ section 5739.01 of the Revised Code.	101630

(H) "Interexchange telecommunications company" means a person	101631
that is engaged in the business of transmitting telephonic	101632
messages to, from, through, or in this state, but that is not a	101633
telephone company.	101634

(I) "Sale and leaseback transaction" means a transaction in	101635
which a public utility or interexchange telecommunications company	101636
sells any tangible personal property to a person other than a	101637
public utility or interexchange telecommunications company and	101638
leases that property back from the buyer.	101639

(J) "Production equipment" means all taxable steam, nuclear,	101640
hydraulic, renewable resource, clean coal technology, and other	101641
production plant equipment used to generate electricity. For tax	101642
years prior to 2001, "production equipment" includes taxable	101643
station equipment that is located at a production plant.	101644

(K) "Tax year" means the year for which property or gross	101645
receipts are subject to assessment under this chapter. This	101646
division does not limit the tax commissioner's ability to assess	101647
and value property or gross receipts outside the tax year.	101648

(L) "Combined company" means any person engaged in the	101649
activity of an electric company or rural electric company that is	101650
also engaged in the activity of a heating company or a natural gas	101651
company, or any combination thereof.	101652

(M) "Public utility property lessor" means any person, other	101653
than a public utility or an interexchange telecommunications	101654
company, that leases personal property, other than in a sale and	101655
leaseback transaction, to a public utility, other than a railroad,	101656
water transportation, telephone, or telegraph company if the	101657
property would be taxable property if owned by the public utility.	101658
A public utility property lessor is subject to this chapter only	101659
for the purposes of reporting and paying tax on taxable property	101660
it leases to a public utility other than a telephone or telegraph	101661
company. A public utility property lessor that leases property to	101662
a public utility other than a telephone or telegraph company is	101663
not a public utility, but it shall report its property and be	101664
assessed in the same manner as the utility to which it leases the	101665
property.	101666

(N) "Energy resource" means any of the following:

101667

(1) "Renewable energy resource" as defined in section 4928.01	101668
of the Revised Code;	101669

(2) "Clean coal technology" as described in division	101670
(A)(34)(c) of section 4928.01 of the Revised Code;	101671

(3) "Advanced nuclear technology" as described in division	101672
(A)(34)(d) of section 4928.01 of the Revised Code;	101673

(4) "Cogeneration technology" as described in division	101674
(A)(34)(b) of section 4928.01 of the Revised Code.	101675

(O) "Energy conversion equipment" means tangible personal	101676
property connected to a wind turbine tower, connected to and	101677
behind solar radiation collector areas and designed to convert the	101678
radiant energy of the sun into electricity or heat, or connected	101679
to any other property used to generate electricity from an energy	101680
resource, through which electricity is transferred to controls,	101681
transformers, or power electronics and to the transmission	101682
interconnection point.	101683

"Energy conversion equipment" includes, but is not limited	101684
to, inverters, batteries, switch gears, wiring, collection lines,	101685
substations, ancillary tangible personal property, or any lines	101686
and associated tangible personal property located between	101687
substations and the transmission interconnection point.	101688

(P) "Energy facility" means one or more interconnected wind	101689
turbines, solar panels, or other tangible personal property used	101690
to generate electricity from an energy resource owned by the same	101691
person, including:	101692

(1) All interconnection equipment, devices, and related	101693
apparatus connected to such tangible personal property;	101694

(2) All cables, equipment, devices, and related apparatus	101695
that connect the generators to an electricity grid or to a	101696
building or facility that directly consumes the electricity	101697
produced, that facilitate the transmission of electrical energy	101698
from the generators to the grid, building, or facility, and, where	101699
applicable, that transform voltage before ultimate delivery of	101700
electricity to the grid, building, or facility.	101701

"Energy facility" includes buildings, structures,	101702
improvements, or fixtures exclusively used to house, support, or	101703
stabilize tangible personal property constituting the facility or	101704
that are otherwise necessary for the operation of that property;	101705
and so much of the land on which such tangible personal property	101706
is situated as is required for operation of the facility and is	101707
not devoted to some other use, not to exceed, in the case of wind	101708
turbines, one-half acre for each wind turbine, and regardless of	101709
whether the land is owned by the owner or lessee of the tangible	101710
personal property or by another person.	101711

(Q) "Nameplate capacity" means the original interconnected	101712
maximum rated alternating current output of a generator or other	101713
electric production equipment under specific conditions designated	101714
by the manufacturer, expressed in the number of kilowatts or	101715
megawatts.	101716

Sec. 5727.26. (A) The tax commissioner may make an	101717
assessment, based on any information in the commissioner's	101718
possession, against any natural gas company or combined company	101719
that fails to file a return or pay any tax, interest, or	101720
additional charge as required by sections 5727.24 to 5727.29 of	101721
the Revised Code. The commissioner shall give the company assessed	101722
written notice of the assessment as provided in section 5703.37 of	101723
the Revised Code. With the notice, the commissioner shall provide	101724
instructions on how to petition for reassessment and request a	101725
hearing on the petition. A penalty of up to fifteen per cent may	101726
be added to all amounts assessed under this section. The tax	101727
commissioner may adopt rules providing for the imposition and	101728
remission of the penalty.	101729

(B) Unless the company assessed, within sixty days after	101730
service of the notice of assessment, files with the tax	101731
commissioner, either personally or by certified mail, a written	101732
petition signed by the company's authorized agent having knowledge	101733
of the facts, the assessment becomes final, and the amount of the	101734
assessment is due and payable from the company assessed to the	101735
treasurer of state. The petition shall indicate the objections of	101736
the company assessed, but additional objections may be raised in	101737
writing if received by the commissioner prior to the date shown on	101738
the final determination.	101739

If a petition for reassessment has been properly filed, the	101740
commissioner shall proceed under section 5703.60 of the Revised	101741
Code.	101742

(C) After an assessment becomes final, if any portion of the	101743
assessment, including accrued interest, remains unpaid, a	101744
certified copy of the tax commissioner's entry making the	101745
assessment final may be filed in the office of the clerk of the	101746
court of common pleas in the county in which the natural gas	101747
company's or combined company's principal place of business is	101748
located, or in the office of the clerk of court of common pleas of	101749
Franklin county.	101750

Immediately on the filing of the entry, the clerk shall enter	101751
judgment for the state against the company assessed in the amount	101752
shown on the entry. The judgment may be filed by the clerk in a	101753
loose-leaf book entitled, "special judgments for the public	101754
utility excise tax on natural gas and combined companies," and	101755
shall have the same effect as other judgments. Execution shall	101756
issue upon the judgment at the request of the tax commissioner,	101757
and all laws applicable to sales on execution shall apply to sales	101758
made under the judgment.	101759

~~The portion of~~If the assessment is not paid in its entirety	101760
within sixty days after the day the assessment was issued, the	101761
portion of the assessment consisting of tax due shall bear	101762
interest at the rate per annum prescribed by section 5703.47 of	101763
the Revised Code from the day the tax commissioner issues the	101764
assessment until it is paid or until it is certified to the	101765
attorney general for collection under section 131.02 of the	101766
Revised Code, whichever comes first. If the unpaid portion of the	101767
assessment is certified to the attorney general for collection,	101768
the entire unpaid portion of the assessment shall bear interest at	101769
the rate per annum prescribed by section 5703.47 of the Revised	101770
Code from the date of certification until the date it is paid in	101771
its entirety. Interest shall be paid in the same manner as the tax	101772
and may be collected by the issuance of an assessment under this	101773
section.	101774

(D) If the tax commissioner believes that collection of the	101775
tax will be jeopardized unless proceedings to collect or secure	101776
collection of the tax are instituted without delay, the	101777
commissioner may issue a jeopardy assessment against the company	101778
liable for the tax. Immediately upon the issuance of the jeopardy	101779
assessment, the commissioner shall file an entry with the clerk of	101780
the court of common pleas in the manner prescribed by division (C)	101781
of this section. Notice of the jeopardy assessment shall be served	101782
on the company assessed or the company's authorized agent in the	101783
manner provided in section 5703.37 of the Revised Code within five	101784
days of the filing of the entry with the clerk. The total amount	101785
assessed is immediately due and payable, unless the company	101786
assessed files a petition for reassessment in accordance with	101787
division (B) of this section and provides security in a form	101788
satisfactory to the commissioner and in an amount sufficient to	101789
satisfy the unpaid balance of the assessment. Full or partial	101790
payment of the assessment does not prejudice the commissioner's	101791
consideration of the petition for reassessment.	101792

(E) The tax commissioner shall immediately forward to the	101793
treasurer of state all amounts that the tax commissioner receives	101794
under this section, and such amounts shall be considered revenue	101795
arising from the tax imposed by section 5727.24 of the Revised	101796
Code.	101797

(F) No assessment shall be made or issued against a natural	101798
gas company or combined company for the tax imposed by section	101799
5727.24 of the Revised Code more than four years after the return	101800
date for the period in which the tax was reported, or more than	101801
four years after the return for the period was filed, whichever is	101802
later.	101803

Sec. 5727.84. (A) As used in this section and sections	101804
5727.85, 5727.86, and 5727.87 of the Revised Code:	101805

(1) "School district" means a city, local, or exempted	101806
village school district.	101807

(2) "Joint vocational school district" means a joint	101808
vocational school district created under section 3311.16 of the	101809
Revised Code, and includes a cooperative education school district	101810
created under section 3311.52 or 3311.521 of the Revised Code and	101811
a county school financing district created under section 3311.50	101812
of the Revised Code.	101813

(3) "Local taxing unit" means a subdivision or taxing unit,	101814
as defined in section 5705.01 of the Revised Code, a park district	101815
created under Chapter 1545. of the Revised Code, or a township	101816
park district established under section 511.23 of the Revised	101817
Code, but excludes school districts and joint vocational school	101818
districts.	101819

(4) "State education aid," for a school district, means the	101820
following:	101821

(a) For fiscal years prior to fiscal year 2010, the sum of	101822
state aid amounts computed for the district under former sections	101823
3317.029, 3317.052, and 3317.053 of the Revised Code and the	101824
following provisions, as they existed for the applicable fiscal	101825
year: divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	101826
3317.022; divisions (B), (C), and (D) of section 3317.023;	101827
divisions (G), (L), and (N) of section 3317.024; and sections	101828
~~3317.029,~~ 3317.0216, 3317.0217, 3317.04, and 3317.05~~, 3317.052,~~	101829
~~and 3317.053~~ of the Revised Code; and the adjustments required by:	101830
division (C) of section 3310.08; division (C)(2) of section	101831
3310.41; division (C) of section 3314.08; division (D)(2) of	101832
section 3314.091; division (D) of former section 3314.13;	101833
divisions (E), (K), (L), (M), and (N) of section 3317.023;	101834
division (C) of section 3317.20; and sections 3313.979 and	101835
3313.981 of the Revised Code. However, when calculating state	101836
education aid for a school district for fiscal years 2008 and	101837
2009, include the amount computed for the district under Section	101838
269.20.80 of H.B. 119 of the 127th general assembly, as	101839
subsequently amended, instead of division (D) of section 3317.022	101840
of the Revised Code; and include amounts calculated under Section	101841
269.30.80 of H.B. 119 of the 127th general assembly, as	101842
subsequently amended.	101843

(b) For fiscal years 2010 and 2011, the sum of the amounts	101844
computed for the district under former sections 3306.052, 3306.12,	101845
3306.13, 3306.19, 3306.191, ~~and~~ 3306.192, 3317.052, and 3317.053	101846
of the Revised Code and the following provisions, as they existed	101847
for the applicable fiscal year: division (G) of section 3317.024;	101848
~~sections~~section 3317.05~~, 3317.052, and 3317.053~~ of the Revised	101849
Code; and the adjustments required by division (C) of section	101850
3310.08; division (C)(2) of section 3310.41; division (C) of	101851
section 3314.08; division (D)(2) of section 3314.091; division (D)	101852
of former section 3314.13; divisions (E), (K), (L), (M), and (N)	101853
of section 3317.023; division (C) of section 3317.20; and sections	101854
3313.979, 3313.981, and 3326.33 of the Revised Code.	101855

(c) For fiscal years 2012 and 2013, the amount paid in	101856
accordance with the section of H.B. 153 of the 129th general	101857
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	101858
SCHOOL DISTRICTS" and the adjustments required by division (C) of	101859
section 3310.08; division (C)(2) of section 3310.41; section	101860
3310.55; division (C) of section 3314.08; division (D)(2) of	101861
section 3314.091; division (D) of former section 3314.13;	101862
divisions (B), (H), (I), (J), and (K) of section 3317.023;	101863
division (C) of section 3317.20; and sections 3313.979 and	101864
3313.981 of the Revised Code;	101865

(d) For fiscal year 2014 and each fiscal year thereafter, the	101866
sum of amounts computed for and paid to the district under section	101867
3317.022 of the Revised Code; and the adjustments required by	101868
division (C) of section 3310.08, division (C)(2) of section	101869
3310.41, section 3310.55, division (C) of section 3314.08,	101870
division (D)(2) of section 3314.091, divisions (B), (H), (J), and	101871
(K) of section 3317.023, and sections 3313.978, 3313.981,	101872
3317.0212, 3317.0213, 3317.0214, 3317.162, and 3326.33 of the	101873
Revised Code. However, for fiscal years 2014 and 2015, the amount	101874
computed for the district under the section of this act entitled	101875
"TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL	101876
DISTRICTS" also shall be included.	101877

(5) "State education aid," for a joint vocational school	101878
district, means the following:	101879

(a) For fiscal years prior to fiscal year 2010, the sum of	101880
the state aid amounts computed for the district under division (N)	101881
of section 3317.024 and section 3317.16 of the Revised Code.	101882
However, when calculating state education aid for a joint	101883
vocational school district for fiscal years 2008 and 2009, include	101884
the amount computed for the district under Section 269.30.90 of	101885
H.B. 119 of the 127th general assembly, as subsequently amended.	101886

(b) For fiscal years 2010 and 2011, the amount computed for	101887
the district in accordance with the section of H.B. 1 of the 128th	101888
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	101889
DISTRICTS"."	101890

(c) For fiscal years 2012 and 2013, the amount paid in	101891
accordance with the section of H.B. 153 of the 129th general	101892
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	101893

(d) For fiscal year 2014 and each fiscal year thereafter, the	101894
amount computed for the district under section 3317.16 of the	101895
Revised Code; except that, for fiscal years 2014 and 2015, the	101896
amount computed for the district under the section of this act	101897
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	101898
shall be included.	101899

(6) "State education aid offset" means the amount determined	101900
for each school district or joint vocational school district under	101901
division (A)(1) of section 5727.85 of the Revised Code.	101902

(7) "Recognized valuation" ~~has the same meaning as in~~means	101903
the amount computed for a school district pursuant to section	101904
~~3317.02~~3317.015 of the Revised Code.	101905

(8) "Electric company tax value loss" means the amount	101906
determined under division (D) of this section.	101907

(9) "Natural gas company tax value loss" means the amount	101908
determined under division (E) of this section.	101909

(10) "Tax value loss" means the sum of the electric company	101910
tax value loss and the natural gas company tax value loss.	101911

(11) "Fixed-rate levy" means any tax levied on property other	101912
than a fixed-sum levy.	101913

(12) "Fixed-rate levy loss" means the amount determined under	101914
division (G) of this section.	101915

(13) "Fixed-sum levy" means a tax levied on property at	101916
whatever rate is required to produce a specified amount of tax	101917
money or levied in excess of the ten-mill limitation to pay debt	101918
charges, and includes school district emergency levies charged and	101919
payable pursuant to section 5705.194 of the Revised Code.	101920

(14) "Fixed-sum levy loss" means the amount determined under	101921
division (H) of this section.	101922

(15) "Consumer price index" means the consumer price index	101923
(all items, all urban consumers) prepared by the bureau of labor	101924
statistics of the United States department of labor.	101925

(16) "Total resources" and "total library resources" have the	101926
same meanings as in section 5751.20 of the Revised Code.	101927

(17) "2011 current expense S.B. 3 allocation" means the sum	101928
of payments received by a school district or joint vocational	101929
school district in fiscal year 2011 for current expense levy	101930
losses pursuant to division (C)(2) of section 5727.85 of the	101931
Revised Code. If a fixed-rate levy eligible for reimbursement is	101932
not charged and payable in any year after tax year 2010, "2011	101933
current expense S.B. 3 allocation" used to compute payments to be	101934
made under division (C)(3) of section 5727.85 of the Revised Code	101935
in the tax years following the last year the levy is charged and	101936
payable shall be reduced to the extent that those payments are	101937
attributable to the fixed-rate levy loss of that levy.	101938

(18) "2010 current expense S.B. 3 allocation" means the sum	101939
of payments received by a municipal corporation in calendar year	101940
2010 for current expense levy losses pursuant to division (A)(1)	101941
of section 5727.86 of the Revised Code, excluding any such	101942
payments received for current expense levy losses attributable to	101943
a tax levied under section 5705.23 of the Revised Code. If a	101944
fixed-rate levy eligible for reimbursement is not charged and	101945
payable in any year after tax year 2010, "2010 current expense	101946
S.B. 3 allocation" used to compute payments to be made under	101947
division (A)(1)(d) or (e) of section 5727.86 of the Revised Code	101948
in the tax years following the last year the levy is charged and	101949
payable shall be reduced to the extent that those payments are	101950
attributable to the fixed-rate levy loss of that levy.	101951

(19) "2010 S.B. 3 allocation" means the sum of payments	101952
received by a local taxing unit during calendar year 2010 pursuant	101953
to division (A)(1) of section 5727.86 of the Revised Code,	101954
excluding any such payments received for fixed-rate levy losses	101955
attributable to a tax levied under section 5705.23 of the Revised	101956
Code. If a fixed-rate levy eligible for reimbursement is not	101957
charged and payable in any year after tax year 2010, "2010 S.B. 3	101958
allocation" used to compute payments to be made under division	101959
(A)(1)(d) or (e) of section 5727.86 of the Revised Code in the tax	101960
years following the last year the levy is charged and payable	101961
shall be reduced to the extent that those payments are	101962
attributable to the fixed-rate levy loss of that levy.	101963

(20) "Total S.B. 3 allocation" means, in the case of a school	101964
district or joint vocational school district, the sum of the	101965
payments received in fiscal year 2011 pursuant to divisions (C)(2)	101966
and (D) of section 5727.85 of the Revised Code. In the case of a	101967
local taxing unit, "total S.B. 3 allocation" means the sum of	101968
payments received by the unit in calendar year 2010 pursuant to	101969
divisions (A)(1) and (4) of section 5727.86 of the Revised Code,	101970
excluding any such payments received for fixed-rate levy losses	101971
attributable to a tax levied under section 5705.23 of the Revised	101972
Code. If a fixed-rate levy eligible for reimbursement is not	101973
charged and payable in any year after tax year 2010, "total S.B. 3	101974
allocation" used to compute payments to be made under division	101975
(C)(3) of section 5727.85 or division (A)(1)(d) or (e) of section	101976
5727.86 of the Revised Code in the tax years following the last	101977
year the levy is charged and payable shall be reduced to the	101978
extent that those payments are attributable to the fixed-rate levy	101979
loss of that levy as would be computed under division (C)(2) of	101980
section 5727.85 or division (A)(1)(b) of section 5727.86 of the	101981
Revised Code.	101982

(21) "2011 non-current expense S.B. 3 allocation" means the	101983
difference of a school district's or joint vocational school	101984
district's total S.B. 3 allocation minus the sum of the school	101985
district's 2011 current expense S.B. 3 allocation and the portion	101986
of the school district's total S.B. 3 allocation constituting	101987
reimbursement for debt levies pursuant to division (D) of section	101988
5727.85 of the Revised Code.	101989

(22) "2010 non-current expense S.B. 3 allocation" means the	101990
difference of a municipal corporation's total S.B. 3 allocation	101991
minus the sum of its 2010 current expense S.B. 3 allocation and	101992
the portion of its total S.B. 3 allocation constituting	101993
reimbursement for debt levies pursuant to division (A)(4) of	101994
section 5727.86 of the Revised Code.	101995

(23) "S.B. 3 allocation for library purposes" means, in the	101996
case of a county, municipal corporation, school district, or	101997
township public library that receives the proceeds of a tax levied	101998
under section 5705.23 of the Revised Code, the sum of the payments	101999
received by the public library in calendar year 2010 pursuant to	102000
section 5727.86 of the Revised Code for fixed-rate levy losses	102001
attributable to a tax levied under section 5705.23 of the Revised	102002
Code. If a fixed-rate levy authorized under section 5705.23 of the	102003
Revised Code that is eligible for reimbursement is not charged and	102004
payable in any year after tax year 2010, "S.B. 3 allocation for	102005
library purposes" used to compute payments to be made under	102006
division (A)(1)(f) of section 5727.86 of the Revised Code in the	102007
tax years following the last year the levy is charged and payable	102008
shall be reduced to the extent that those payments are	102009
attributable to the fixed-rate levy loss of that levy as would be	102010
computed under division (A)(1)(b) of section 5727.86 of the	102011
Revised Code.	102012

(24) "Threshold per cent" means, in the case of a school	102013
district or joint vocational school district, two per cent for	102014
fiscal year 2012 and four per cent for fiscal years 2013 and	102015
thereafter. In the case of a local taxing unit or public library	102016
that receives the proceeds of a tax levied under section 5705.23	102017
of the Revised Code, "threshold per cent" means two per cent for	102018
calendar year 2011, four per cent for calendar year 2012, and six	102019
per cent for calendar years 2013 and thereafter.	102020

(B) The kilowatt-hour tax receipts fund is hereby created in	102021
the state treasury and shall consist of money arising from the tax	102022
imposed by section 5727.81 of the Revised Code. All money in the	102023
kilowatt-hour tax receipts fund shall be credited as follows:	102024

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	102025
2001-2011	63.0%	25.4%	11.6%	102026
2012 and thereafter	88.0%	9.0%	3.0%	102027

(C) The natural gas tax receipts fund is hereby created in	102028
the state treasury and shall consist of money arising from the tax	102029
imposed by section 5727.811 of the Revised Code. All money in the	102030
fund shall be credited as follows:	102031

(1) For fiscal years before fiscal year 2012:

102032

(a) Sixty-eight and seven-tenths per cent shall be credited	102033
to the school district property tax replacement fund for the	102034
purpose of making the payments described in section 5727.85 of the	102035
Revised Code.	102036

(b) Thirty-one and three-tenths per cent shall be credited to	102037
the local government property tax replacement fund for the purpose	102038
of making the payments described in section 5727.86 of the Revised	102039
Code.	102040

(2) For fiscal years 2012 and thereafter, one hundred per	102041
cent to the general revenue fund.	102042

(D) Not later than January 1, 2002, the tax commissioner	102043
shall determine for each taxing district its electric company tax	102044
value loss, which is the sum of the applicable amounts described	102045
in divisions (D)(1) to (4) of this section:	102046

(1) The difference obtained by subtracting the amount	102047
described in division (D)(1)(b) from the amount described in	102048
division (D)(1)(a) of this section.	102049

(a) The value of electric company and rural electric company	102050
tangible personal property as assessed by the tax commissioner for	102051
tax year 1998 on a preliminary assessment, or an amended	102052
preliminary assessment if issued prior to March 1, 1999, and as	102053
apportioned to the taxing district for tax year 1998;	102054

(b) The value of electric company and rural electric company	102055
tangible personal property as assessed by the tax commissioner for	102056
tax year 1998 had the property been apportioned to the taxing	102057
district for tax year 2001, and assessed at the rates in effect	102058
for tax year 2001.	102059

(2) The difference obtained by subtracting the amount	102060
described in division (D)(2)(b) from the amount described in	102061
division (D)(2)(a) of this section.	102062

(a) The three-year average for tax years 1996, 1997, and 1998	102063
of the assessed value from nuclear fuel materials and assemblies	102064
assessed against a person under Chapter 5711. of the Revised Code	102065
from the leasing of them to an electric company for those	102066
respective tax years, as reflected in the preliminary assessments;	102067

(b) The three-year average assessed value from nuclear fuel	102068
materials and assemblies assessed under division (D)(2)(a) of this	102069
section for tax years 1996, 1997, and 1998, as reflected in the	102070
preliminary assessments, using an assessment rate of twenty-five	102071
per cent.	102072

(3) In the case of a taxing district having a nuclear power	102073
plant within its territory, any amount, resulting in an electric	102074
company tax value loss, obtained by subtracting the amount	102075
described in division (D)(1) of this section from the difference	102076
obtained by subtracting the amount described in division (D)(3)(b)	102077
of this section from the amount described in division (D)(3)(a) of	102078
this section.	102079

(a) The value of electric company tangible personal property	102080
as assessed by the tax commissioner for tax year 2000 on a	102081
preliminary assessment, or an amended preliminary assessment if	102082
issued prior to March 1, 2001, and as apportioned to the taxing	102083
district for tax year 2000;	102084

(b) The value of electric company tangible personal property	102085
as assessed by the tax commissioner for tax year 2001 on a	102086
preliminary assessment, or an amended preliminary assessment if	102087
issued prior to March 1, 2002, and as apportioned to the taxing	102088
district for tax year 2001.	102089

(4) In the case of a taxing district having a nuclear power	102090
plant within its territory, the difference obtained by subtracting	102091
the amount described in division (D)(4)(b) of this section from	102092
the amount described in division (D)(4)(a) of this section,	102093
provided that such difference is greater than ten per cent of the	102094
amount described in division (D)(4)(a) of this section.	102095

(a) The value of electric company tangible personal property	102096
as assessed by the tax commissioner for tax year 2005 on a	102097
preliminary assessment, or an amended preliminary assessment if	102098
issued prior to March 1, 2006, and as apportioned to the taxing	102099
district for tax year 2005;	102100

(b) The value of electric company tangible personal property	102101
as assessed by the tax commissioner for tax year 2006 on a	102102
preliminary assessment, or an amended preliminary assessment if	102103
issued prior to March 1, 2007, and as apportioned to the taxing	102104
district for tax year 2006.	102105

(E) Not later than January 1, 2002, the tax commissioner	102106
shall determine for each taxing district its natural gas company	102107
tax value loss, which is the sum of the amounts described in	102108
divisions (E)(1) and (2) of this section:	102109

(1) The difference obtained by subtracting the amount	102110
described in division (E)(1)(b) from the amount described in	102111
division (E)(1)(a) of this section.	102112

(a) The value of all natural gas company tangible personal	102113
property, other than property described in division (E)(2) of this	102114
section, as assessed by the tax commissioner for tax year 1999 on	102115
a preliminary assessment, or an amended preliminary assessment if	102116
issued prior to March 1, 2000, and apportioned to the taxing	102117
district for tax year 1999;	102118

(b) The value of all natural gas company tangible personal	102119
property, other than property described in division (E)(2) of this	102120
section, as assessed by the tax commissioner for tax year 1999 had	102121
the property been apportioned to the taxing district for tax year	102122
2001, and assessed at the rates in effect for tax year 2001.	102123

(2) The difference in the value of current gas obtained by	102124
subtracting the amount described in division (E)(2)(b) from the	102125
amount described in division (E)(2)(a) of this section.	102126

(a) The three-year average assessed value of current gas as	102127
assessed by the tax commissioner for tax years 1997, 1998, and	102128
1999 on a preliminary assessment, or an amended preliminary	102129
assessment if issued prior to March 1, 2001, and as apportioned in	102130
the taxing district for those respective years;	102131

(b) The three-year average assessed value from current gas	102132
under division (E)(2)(a) of this section for tax years 1997, 1998,	102133
and 1999, as reflected in the preliminary assessment, using an	102134
assessment rate of twenty-five per cent.	102135

(F) The tax commissioner may request that natural gas	102136
companies, electric companies, and rural electric companies file a	102137
report to help determine the tax value loss under divisions (D)	102138
and (E) of this section. The report shall be filed within thirty	102139
days of the commissioner's request. A company that fails to file	102140
the report or does not timely file the report is subject to the	102141
penalty in section 5727.60 of the Revised Code.	102142

(G) Not later than January 1, 2002, the tax commissioner	102143
shall determine for each school district, joint vocational school	102144
district, and local taxing unit its fixed-rate levy loss, which is	102145
the sum of its electric company tax value loss multiplied by the	102146
tax rate in effect in tax year 1998 for fixed-rate levies and its	102147
natural gas company tax value loss multiplied by the tax rate in	102148
effect in tax year 1999 for fixed-rate levies.	102149

(H) Not later than January 1, 2002, the tax commissioner	102150
shall determine for each school district, joint vocational school	102151
district, and local taxing unit its fixed-sum levy loss, which is	102152
the amount obtained by subtracting the amount described in	102153
division (H)(2) of this section from the amount described in	102154
division (H)(1) of this section:	102155

(1) The sum of the electric company tax value loss multiplied	102156
by the tax rate in effect in tax year 1998, and the natural gas	102157
company tax value loss multiplied by the tax rate in effect in tax	102158
year 1999, for fixed-sum levies for all taxing districts within	102159
each school district, joint vocational school district, and local	102160
taxing unit. For the years 2002 through 2006, this computation	102161
shall include school district emergency levies that existed in	102162
1998 in the case of the electric company tax value loss, and 1999	102163
in the case of the natural gas company tax value loss, and all	102164
other fixed-sum levies that existed in 1998 in the case of the	102165
electric company tax value loss and 1999 in the case of the	102166
natural gas company tax value loss and continue to be charged in	102167
the tax year preceding the distribution year. For the years 2007	102168
through 2016 in the case of school district emergency levies, and	102169
for all years after 2006 in the case of all other fixed-sum	102170
levies, this computation shall exclude all fixed-sum levies that	102171
existed in 1998 in the case of the electric company tax value loss	102172
and 1999 in the case of the natural gas company tax value loss,	102173
but are no longer in effect in the tax year preceding the	102174
distribution year. For the purposes of this section, an emergency	102175
levy that existed in 1998 in the case of the electric company tax	102176
value loss, and 1999 in the case of the natural gas company tax	102177
value loss, continues to exist in a year beginning on or after	102178
January 1, 2007, but before January 1, 2017, if, in that year, the	102179
board of education levies a school district emergency levy for an	102180
annual sum at least equal to the annual sum levied by the board in	102181
tax year 1998 or 1999, respectively, less the amount of the	102182
payment certified under this division for 2002.	102183

(2) The total taxable value in tax year 1999 less the tax	102184
value loss in each school district, joint vocational school	102185
district, and local taxing unit multiplied by one-fourth of one	102186
mill.	102187

If the amount computed under division (H) of this section for	102188
any school district, joint vocational school district, or local	102189
taxing unit is greater than zero, that amount shall equal the	102190
fixed-sum levy loss reimbursed pursuant to division (F) of section	102191
5727.85 of the Revised Code or division (A)(2) of section 5727.86	102192
of the Revised Code, and the one-fourth of one mill that is	102193
subtracted under division (H)(2) of this section shall be	102194
apportioned among all contributing fixed-sum levies in the	102195
proportion of each levy to the sum of all fixed-sum levies within	102196
each school district, joint vocational school district, or local	102197
taxing unit.	102198

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	102199
section, in computing the tax value loss, fixed-rate levy loss,	102200
and fixed-sum levy loss, the tax commissioner shall use the	102201
greater of the 1998 tax rate or the 1999 tax rate in the case of	102202
levy losses associated with the electric company tax value loss,	102203
but the 1999 tax rate shall not include for this purpose any tax	102204
levy approved by the voters after June 30, 1999, and the tax	102205
commissioner shall use the greater of the 1999 or the 2000 tax	102206
rate in the case of levy losses associated with the natural gas	102207
company tax value loss.	102208

(J) Not later than January 1, 2002, the tax commissioner	102209
shall certify to the department of education the tax value loss	102210
determined under divisions (D) and (E) of this section for each	102211
taxing district, the fixed-rate levy loss calculated under	102212
division (G) of this section, and the fixed-sum levy loss	102213
calculated under division (H) of this section. The calculations	102214
under divisions (G) and (H) of this section shall separately	102215
display the levy loss for each levy eligible for reimbursement.	102216

(K) Not later than September 1, 2001, the tax commissioner	102217
shall certify the amount of the fixed-sum levy loss to the county	102218
auditor of each county in which a school district with a fixed-sum	102219
levy loss has territory.	102220

Sec. 5727.89. (A) The tax commissioner may make an	102221
assessment, based on any information in the commissioner's	102222
possession, against any natural gas distribution company, electric	102223
distribution company, self-assessing purchaser, or qualified end	102224
user that fails to file a return or pay any tax, interest, or	102225
additional charge as required by sections 5727.80 to 5727.95 of	102226
the Revised Code.	102227

When information in the possession of the tax commissioner	102228
indicates that a person liable for the tax imposed by section	102229
5727.81 or 5727.811 of the Revised Code has not paid the full	102230
amount of tax due, the commissioner may audit a representative	102231
sample of the person's business and may issue an assessment based	102232
on the audit. The commissioner shall give the person assessed	102233
written notice of the assessment in the manner provided in section	102234
5703.37 of the Revised Code. With the notice, the commissioner	102235
shall provide instructions on how to petition for reassessment and	102236
request a hearing on the petition.	102237

The tax commissioner may issue an assessment for which the	102238
tax imposed by section 5727.81 or 5727.811 of the Revised Code was	102239
due and unpaid on the date the person was informed by an agent of	102240
the tax commissioner of an investigation or audit of the person.	102241
Any payment of the tax for the period covered by the assessment,	102242
after the person is so informed, shall be credited against the	102243
assessment.	102244

A penalty of up to fifteen per cent may be added to all	102245
amounts assessed under this section. The commissioner may adopt	102246
rules providing for the imposition and remission of penalties.	102247

(B) Unless the party assessed files with the tax commissioner	102248
within sixty days after service of the notice of assessment,	102249
either personally or by certified mail, a written petition for	102250
reassessment signed by the party assessed or that party's	102251
authorized agent having knowledge of the facts, the assessment	102252
becomes final and the amount of the assessment is due and payable	102253
from the party assessed to the treasurer of state. The petition	102254
shall indicate the objections of the party assessed, but	102255
additional objections may be raised in writing if received by the	102256
commissioner prior to the date shown on the final determination.	102257
If the petition has been properly filed, the commissioner shall	102258
proceed under section 5703.60 of the Revised Code.	102259

(C) After an assessment becomes final, if any portion of the	102260
assessment, including accrued interest, remains unpaid, a	102261
certified copy of the tax commissioner's entry making the	102262
assessment final may be filed in the office of the clerk of the	102263
court of common pleas in the county in which the party assessed	102264
resides or in which the party's business is conducted. If the	102265
party assessed maintains no place of business in this state and is	102266
not a resident of this state, the certified copy of the entry may	102267
be filed in the office of the clerk of the court of common pleas	102268
of Franklin county.	102269

Immediately upon the filing of the entry, the clerk shall	102270
enter a judgment for the state against the person assessed in the	102271
amount shown on the entry. The judgment may be filed by the clerk	102272
in a loose-leaf book entitled "special judgments for the	102273
distribution excise taxes," and shall have the same effect as	102274
other judgments. Execution shall issue upon the judgment at the	102275
request of the tax commissioner, and all laws applicable to sales	102276
on execution shall apply to sales made under the judgment.	102277

~~The portion of~~If the assessment is not paid in its entirety	102278
within sixty days after the day the assessment was issued, the	102279
portion of the assessment consisting of tax due shall bear	102280
interest at the rate per annum prescribed by section 5703.47 of	102281
the Revised Code from the day the tax commissioner issues the	102282
assessment until the day the assessment is paid or until it is	102283
certified to the attorney general for collection under section	102284
131.02 of the Revised Code, whichever comes first. If the unpaid	102285
portion of the assessment is certified to the attorney general for	102286
collection, the entire unpaid portion of the assessment shall bear	102287
interest at the rate per annum prescribed by section 5703.47 of	102288
the Revised Code from the date of certification until the date it	102289
is paid in its entirety. Interest shall be paid in the same manner	102290
as the tax and may be collected by the issuance of an assessment	102291
under this section.	102292

(D) If the tax commissioner believes that collection of the	102293
tax imposed by section 5727.81 or 5727.811 of the Revised Code	102294
will be jeopardized unless proceedings to collect or secure	102295
collection of the tax are instituted without delay, the	102296
commissioner may issue a jeopardy assessment against the person	102297
liable for the tax. Immediately upon the issuance of the jeopardy	102298
assessment, the commissioner shall file an entry with the clerk of	102299
the court of common pleas in the manner prescribed by division (C)	102300
of this section. Notice of the jeopardy assessment shall be served	102301
on the party assessed or the party's legal representative within	102302
five days of the filing of the entry with the clerk. The total	102303
amount assessed is immediately due and payable, unless the party	102304
assessed files a petition for reassessment in accordance with	102305
division (B) of this section and provides security in a form	102306
satisfactory to the commissioner and in an amount sufficient to	102307
satisfy the unpaid balance of the assessment. Full or partial	102308
payment of the assessment does not prejudice the commissioner's	102309
consideration of the petition for reassessment.	102310

(E) All money collected by the tax commissioner under this	102311
section shall be paid to the treasurer of state, and when paid	102312
shall be considered as revenue arising from the taxes imposed by	102313
sections 5727.81 and 5727.811 of the Revised Code.	102314

Sec. 5728.10. (A) If any person required to file a fuel use	102315
tax return by sections 5728.01 to 5728.14 of the Revised Code,	102316
fails to file the return within the time prescribed by those	102317
sections, files an incomplete return, files an incorrect return,	102318
or fails to remit the full amount of the tax due for the period	102319
covered by the return, the tax commissioner may make an assessment	102320
against the person, based upon any information in the	102321
commissioner's possession, for the period for which the tax was	102322
due.	102323

No assessment shall be made against any person for any tax	102324
imposed by this chapter more than four years after the return date	102325
for the period for which the tax was due or more than four years	102326
after the return for the period was filed, whichever is later.	102327
This section does not bar an assessment against any person who	102328
fails to file a fuel use tax return as required by this chapter,	102329
or who files a fraudulent fuel use tax return.	102330

A penalty of up to fifteen per cent may be added to the	102331
amount of every assessment made pursuant to this section. The	102332
commissioner may adopt rules providing for the imposition and	102333
remission of penalties added to assessments made under this	102334
section.	102335

The commissioner shall give the party assessed written notice	102336
of the assessment in the manner provided in section 5703.37 of the	102337
Revised Code. With the notice, the commissioner shall provide	102338
instructions on how to petition for reassessment and request a	102339
hearing on the petition.	102340

(B) Unless the party assessed files with the tax commissioner	102341
within sixty days after service of the notice of assessment,	102342
either personally or by certified mail, a written petition for	102343
reassessment, signed by the party assessed, or by the party's	102344
authorized agent having knowledge of the facts, the assessment	102345
becomes final and the amount of the assessment is due and payable	102346
from the party assessed to the treasurer of state. The petition	102347
shall indicate the objections of the party assessed, but	102348
additional objections may be raised in writing if received by the	102349
commissioner prior to the date shown on the final determination.	102350
If the petition has been properly filed, the commissioner shall	102351
proceed under section 5703.60 of the Revised Code.	102352

(C) After an assessment becomes final, if any portion of the	102353
assessment remains unpaid, including accrued interest, a certified	102354
copy of the tax commissioner's entry making the assessment final	102355
may be filed in the office of the clerk of the court of common	102356
pleas in the county in which the party's place of business is	102357
located or the county in which the party assessed resides. If the	102358
party maintains no office in this state and is not a resident of	102359
this state, the certified copy of the entry may be filed in the	102360
office of the clerk of the court of common pleas of Franklin	102361
county.	102362

Immediately upon the filing of the entry, the clerk shall	102363
enter a judgment for the state of Ohio against the party assessed	102364
in the amount shown on the entry. The judgment may be filed by the	102365
clerk in a loose-leaf book entitled "special judgments for state	102366
fuel use tax," and shall have the same effect as other judgments.	102367
Execution shall issue upon the judgment upon the request of the	102368
commissioner, and all laws applicable to sales on execution shall	102369
apply to sales made under the judgment.	102370

~~The portion of~~If the assessment is not paid within sixty	102371
days after the day the assessment was issued, the portion of the	102372
assessment consisting of tax due shall bear interest at the rate	102373
per annum prescribed by section 5703.47 of the Revised Code from	102374
the day the commissioner issues the assessment until it is paid or	102375
until it is certified to the attorney general for collection under	102376
section 131.02 of the Revised Code, whichever comes first. If the	102377
unpaid portion of the assessment is certified to the attorney	102378
general for collection, the entire unpaid portion of the	102379
assessment shall bear interest at the rate per annum prescribed by	102380
section 5703.47 of the Revised Code from the date of certification	102381
until the date it is paid in its entirety. Interest shall be paid	102382
in the same manner as the tax and may be collected by the issuance	102383
of an assessment under this section.	102384

(D) All money collected by the tax commissioner under this	102385
section shall be paid into the state treasury in the same manner	102386
as the revenues deriving from the taxes imposed by section 5728.06	102387
of the Revised Code.	102388

Sec. 5731.39. This section does not apply to, and the	102389
written permission of the tax commissioner is not required for	102390
asset transfers with respect to, decedents dying on or after	102391
January 1, 2013.	102392

(A) No corporation organized or existing under the laws of	102393
this state shall transfer on its books or issue a new certificate	102394
for any share of its capital stock registered in the name of a	102395
decedent, or in trust for a decedent, or in the name of a decedent	102396
and another person or persons, without the written consent of the	102397
tax commissioner.	102398

(B) No safe deposit company, trust company, financial	102399
institution as defined in division (A) of section 5725.01 of the	102400
Revised Code, or other corporation or person, having in	102401
possession, control, or custody a deposit standing in the name of	102402
a decedent, or in trust for a decedent, or in the name of a	102403
decedent and another person or persons, shall deliver or transfer	102404
an amount in excess of three-fourths of the total value of such	102405
deposit, including accrued interest and dividends, as of the date	102406
of decedent's death, without the written consent of the tax	102407
commissioner. The written consent of the tax commissioner need not	102408
be obtained prior to the delivery or transfer of amounts having a	102409
value of three-fourths or less of said total value.	102410

(C) No life insurance company shall pay the proceeds of an	102411
annuity or matured endowment contract, or of a life insurance	102412
contract payable to the estate of a decedent, or of any other	102413
insurance contract taxable under Chapter 5731. of the Revised	102414
Code, without the written consent of the tax commissioner. Any	102415
life insurance company may pay the proceeds of any insurance	102416
contract not specified in this division (C) without the written	102417
consent of the tax commissioner.	102418

(D) No trust company or other corporation or person shall pay	102419
the proceeds of any death benefit, retirement, pension, or	102420
profit-sharing plan in excess of two thousand dollars, without the	102421
written consent of the tax commissioner. Such trust company or	102422
other corporation or person, however, may pay the proceeds of any	102423
death benefit, retirement, pension, or profit-sharing plan which	102424
consists of insurance on the life of the decedent payable to a	102425
beneficiary other than the estate of the insured without the	102426
written consent of the tax commissioner.	102427

(E) No safe deposit company, trust company, financial	102428
institution as defined in division (A) of section 5725.01 of the	102429
Revised Code, or other corporation or person, having in	102430
possession, control, or custody securities, assets, or other	102431
property (including the shares of the capital stock of, or other	102432
interest in, such safe deposit company, trust company, financial	102433
institution as defined in division (A) of section 5725.01 of the	102434
Revised Code, or other corporation), standing in the name of a	102435
decedent, or in trust for a decedent, or in the name of a decedent	102436
and another person or persons, and the transfer of which is	102437
taxable under Chapter 5731. of the Revised Code, shall deliver or	102438
transfer any such securities, assets, or other property which have	102439
a value as of the date of decedent's death in excess of	102440
three-fourths of the total value thereof, without the written	102441
consent of the tax commissioner. The written consent of the tax	102442
commissioner need not be obtained prior to the delivery or	102443
transfer of any such securities, assets, or other property having	102444
a value of three-fourths or less of said total value.	102445

(F) No safe deposit company, financial institution as defined	102446
in division (A) of section 5725.01 of the Revised Code, or other	102447
corporation or person having possession or control of a safe	102448
deposit box or similar receptacle standing in the name of a	102449
decedent or in the name of the decedent and another person or	102450
persons, or to which the decedent had a right of access, except	102451
when such safe deposit box or other receptacle stands in the name	102452
of a corporation or partnership, or in the name of the decedent as	102453
guardian or executor, shall deliver any of the contents thereof	102454
unless the safe deposit box or similar receptacle has been opened	102455
and inventoried in the presence of the tax commissioner or the	102456
commissioner's agent, and a written consent to transfer issued;	102457
provided, however, that a safe deposit company, financial	102458
institution, or other corporation or person having possession or	102459
control of a safe deposit box may deliver wills, deeds to burial	102460
lots, and insurance policies to a representative of the decedent,	102461
but that a representative of the safe deposit company, financial	102462
institution, or other corporation or person must supervise the	102463
opening of the box and make a written record of the wills, deeds,	102464
and policies removed. Such written record shall be included in the	102465
tax commissioner's inventory records.	102466

(G) Notwithstanding any provision of this section:

102467

(1) The tax commissioner may authorize any delivery or	102468
transfer or waive any of the foregoing requirements under such	102469
terms and conditions as the commissioner may prescribe;	102470

(2) A home, as defined in section 3721.10 of the Revised	102471
Code, or a residential facility licensed under section ~~5119.22~~	102472
5119.34 of the Revised Code that provides accommodations,	102473
supervision, and personal care services for three to sixteen	102474
unrelated adults, may transfer or use the money in a personal	102475
needs allowance account in accordance with section ~~5111.113~~	102476
5162.22 of the Revised Code without the written consent of the tax	102477
commissioner, and without the account having been opened and	102478
inventoried in the presence of the commissioner or the	102479
commissioner's agent.	102480

Failure to comply with this section shall render such safe	102481
deposit company, trust company, life insurance company, financial	102482
institution as defined in division (A) of section 5725.01 of the	102483
Revised Code, or other corporation or person liable for the amount	102484
of the taxes and interest due under the provisions of Chapter	102485
5731. of the Revised Code on the transfer of such stock, deposit,	102486
proceeds of an annuity or matured endowment contract or of a life	102487
insurance contract payable to the estate of a decedent, or other	102488
insurance contract taxable under Chapter 5731. of the Revised	102489
Code, proceeds of any death benefit, retirement, pension, or	102490
profit-sharing plan in excess of two thousand dollars, or	102491
securities, assets, or other property of any resident decedent,	102492
and in addition thereto, to a penalty of not less than five	102493
hundred or more than five thousand dollars.	102494

Sec. 5733.01. (A) The tax provided by this chapter for	102495
domestic corporations shall be the amount charged against each	102496
corporation organized for profit under the laws of this state and	102497
each nonprofit corporation organized pursuant to Chapter 1729. of	102498
the Revised Code, except as provided in sections 5733.09 and	102499
5733.10 of the Revised Code, for the privilege of exercising its	102500
franchise during the calendar year in which that amount is	102501
payable, and the tax provided by this chapter for foreign	102502
corporations shall be the amount charged against each corporation	102503
organized for profit and each nonprofit corporation organized or	102504
operating in the same or similar manner as nonprofit corporations	102505
organized under Chapter 1729. of the Revised Code, under the laws	102506
of any state or country other than this state, except as provided	102507
in sections 5733.09 and 5733.10 of the Revised Code, for the	102508
privilege of doing business in this state, owning or using a part	102509
or all of its capital or property in this state, holding a	102510
certificate of compliance with the laws of this state authorizing	102511
it to do business in this state, or otherwise having nexus in or	102512
with this state under the Constitution of the United States,	102513
during the calendar year in which that amount is payable.	102514

(B) A corporation is subject to the tax imposed by section	102515
5733.06 of the Revised Code for each calendar year prior to 2014	102516
that it is so organized, doing business, owning or using a part or	102517
all of its capital or property, holding a certificate of	102518
compliance, or otherwise having nexus in or with this state under	102519
the Constitution of the United States, on the first day of January	102520
of that calendar year. No credit authorized by this chapter may be	102521
claimed for tax year 2014 or any tax year thereafter.	102522

(C) Any corporation subject to this chapter that is not	102523
subject to the federal income tax shall file its returns and	102524
compute its tax liability as required by this chapter in the same	102525
manner as if that corporation were subject to the federal income	102526
tax.	102527

(D) For purposes of this chapter, a federally chartered	102528
financial institution shall be deemed to be organized under the	102529
laws of the state within which its principal office is located.	102530

(E) For purposes of this chapter, any person, as defined in	102531
section 5701.01 of the Revised Code, shall be treated as a	102532
corporation if the person is classified for federal income tax	102533
purposes as an association taxable as a corporation, and an equity	102534
interest in the person shall be treated as capital stock of the	102535
person.	102536

(F) For the purposes of this chapter, "disregarded entity"	102537
has the same meaning as in division (D) of section 5745.01 of the	102538
Revised Code.	102539

(1) A person's interest in a disregarded entity, whether held	102540
directly or indirectly, shall be treated as the person's ownership	102541
of the assets and liabilities of the disregarded entity, and the	102542
income, including gain or loss, shall be included in the person's	102543
net income under this chapter.	102544

(2) Any sale, exchange, or other disposition of the person's	102545
interest in the disregarded entity, whether held directly or	102546
indirectly, shall be treated as a sale, exchange, or other	102547
disposition of the person's share of the disregarded entity's	102548
underlying assets or liabilities, and the gain or loss from such	102549
sale, exchange, or disposition shall be included in the person's	102550
net income under this chapter.	102551

(3) The disregarded entity's payroll, property, and sales	102552
factors shall be included in the person's factors.	102553

(G) The tax a corporation is required to pay under this	102554
chapter shall be as follows:	102555

(1)(a) For financial institutions, the greater of the minimum	102556
payment required under division (E) of section 5733.06 of the	102557
Revised Code or the difference between all taxes charged the	102558
financial institution under this chapter, without regard to	102559
division (G)(2) of this section, less any credits allowable	102560
against such tax.	102561

(b) A corporation satisfying the description in division	102562
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised	102563
Code, as that section existed before its amendment by H.B. 510 of	102564
the 129th general assembly, that is not a financial institution,	102565
insurance company, or dealer in intangibles is subject to the	102566
taxes imposed under this chapter as a corporation and not subject	102567
to tax as a financial institution, and shall pay the greater of	102568
the minimum payment required under division (E) of section 5733.06	102569
of the Revised Code or the difference between all the taxes	102570
charged under this chapter, without regard to division (G)(2) of	102571
this section, less any credits allowable against such tax.	102572

(2) For all corporations other than those persons described	102573
in division (G)(1)(a) or (b) of this section, the amount under	102574
division (G)(2)(a) of this section applicable to the tax year	102575
specified less the amount under division (G)(2)(b) of this	102576
section:	102577

(a)(i) For tax year 2005, the greater of the minimum payment	102578
required under division (E) of section 5733.06 of the Revised Code	102579
or the difference between all taxes charged the corporation under	102580
this chapter and any credits allowable against such tax;	102581

(ii) For tax year 2006, the greater of the minimum payment	102582
required under division (E) of section 5733.06 of the Revised Code	102583
or four-fifths of the difference between all taxes charged the	102584
corporation under this chapter and any credits allowable against	102585
such tax, except the qualifying pass-through entity tax credit	102586
described in division (A)(30) and the refundable credits described	102587
in divisions (A)(31) to (35) of section 5733.98 of the Revised	102588
Code;	102589

(iii) For tax year 2007, the greater of the minimum payment	102590
required under division (E) of section 5733.06 of the Revised Code	102591
or three-fifths of the difference between all taxes charged the	102592
corporation under this chapter and any credits allowable against	102593
such tax, except the qualifying pass-through entity tax credit	102594
described in division (A)(30) and the refundable credits described	102595
in divisions (A)(31) to (35) of section 5733.98 of the Revised	102596
Code;	102597

(iv) For tax year 2008, the greater of the minimum payment	102598
required under division (E) of section 5733.06 of the Revised Code	102599
or two-fifths of the difference between all taxes charged the	102600
corporation under this chapter and any credits allowable against	102601
such tax, except the qualifying pass-through entity tax credit	102602
described in division (A)(30) and the refundable credits described	102603
in divisions (A)(31) to (35) of section 5733.98 of the Revised	102604
Code;	102605

(v) For tax year 2009, the greater of the minimum payment	102606
required under division (E) of section 5733.06 of the Revised Code	102607
or one-fifth of the difference between all taxes charged the	102608
corporation under this chapter and any credits allowable against	102609
such tax, except the qualifying pass-through entity tax credit	102610
described in division (A)(30) and the refundable credits described	102611
in divisions (A)(31), (32), (33), and (34) of section 5733.98 of	102612
the Revised Code;	102613

(vi) For tax year 2010 and each tax year thereafter, no tax.

102614

(b) A corporation shall subtract from the amount calculated	102615
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	102616
any qualifying pass-through entity tax credit described in	102617
division (A)(30) and any refundable credits described in divisions	102618
(A)(31) to (35) of section 5733.98 of the Revised Code to which	102619
the corporation is entitled. Any unused qualifying pass-through	102620
entity tax credit is not refundable.	102621

(c) For the purposes of computing the amount of a credit that	102622
may be carried forward to a subsequent tax year under division	102623
(G)(2) of this section, a credit is utilized against the tax for a	102624
tax year to the extent the credit applies against the tax for that	102625
tax year, even if the difference is then multiplied by the	102626
applicable fraction under division (G)(2)(a) of this section.	102627

(d) References in division (G)(2) of this section to section	102628
5733.98 of the Revised Code is to that section before its	102629
amendment by H.B. ... of the 130th general assembly.	102630

(3) Nothing in division (G) of this section eliminates or	102631
reduces the tax imposed by section 5733.41 of the Revised Code on	102632
a qualifying pass-through entity.	102633

Sec. 5733.04. As used in this chapter:

102634

(A) "Issued and outstanding shares of stock" applies to	102635
nonprofit corporations, as provided in section 5733.01 of the	102636
Revised Code, and includes, but is not limited to, membership	102637
certificates and other instruments evidencing ownership of an	102638
interest in such nonprofit corporations, and with respect to a	102639
financial institution that does not have capital stock, "issued	102640
and outstanding shares of stock" includes, but is not limited to,	102641
ownership interests of depositors in the capital employed in such	102642
an institution.	102643

(B) "Taxpayer" means a corporation subject to the tax imposed	102644
by section 5733.06 of the Revised Code.	102645

(C) "Resident" means a corporation organized under the laws	102646
of this state.	102647

(D) "Commercial domicile" means the principal place from	102648
which the trade or business of the taxpayer is directed or	102649
managed.	102650

(E) "Taxable year" means the period prescribed by division	102651
(A) of section 5733.031 of the Revised Code upon the net income of	102652
which the value of the taxpayer's issued and outstanding shares of	102653
stock is determined under division (B) of section 5733.05 of the	102654
Revised Code or the period prescribed by division (A) of section	102655
5733.031 of the Revised Code that immediately precedes the date as	102656
of which the total value of the corporation is determined under	102657
division (A) or (C) of section 5733.05 of the Revised Code.	102658

(F) "Tax year" means the calendar year in and for which the	102659
tax imposed by section 5733.06 of the Revised Code is required to	102660
be paid.	102661

(G) "Internal Revenue Code" means the "Internal Revenue Code	102662
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	102663

(H) "Federal income tax" means the income tax imposed by the	102664
Internal Revenue Code.	102665

(I) Except as provided in section 5733.058 of the Revised	102666
Code, "net income" means the taxpayer's taxable income before	102667
operating loss deduction and special deductions, as required to be	102668
reported for the taxpayer's taxable year under the Internal	102669
Revenue Code, subject to the following adjustments:	102670

(1)(a) Deduct any net operating loss incurred in any taxable	102671
years ending in 1971 or thereafter, but exclusive of any net	102672
operating loss incurred in taxable years ending prior to January	102673
1, 1971. This deduction shall not be allowed in any tax year	102674
commencing before December 31, 1973, but shall be carried over and	102675
allowed in tax years commencing after December 31, 1973, until	102676
fully utilized in the next succeeding taxable year or years in	102677
which the taxpayer has net income, but in no case for more than	102678
the designated carryover period as described in division (I)(1)(b)	102679
of this section. The amount of such net operating loss, as	102680
determined under the allocation and apportionment provisions of	102681
section 5733.051 and division (B) of section 5733.05 of the	102682
Revised Code for the year in which the net operating loss occurs,	102683
shall be deducted from net income, as determined under the	102684
allocation and apportionment provisions of section 5733.051 and	102685
division (B) of section 5733.05 of the Revised Code, to the extent	102686
necessary to reduce net income to zero with the remaining unused	102687
portion of the deduction, if any, carried forward to the remaining	102688
years of the designated carryover period as described in division	102689
(I)(1)(b) of this section, or until fully utilized, whichever	102690
occurs first.	102691

(b) For losses incurred in taxable years ending on or before	102692
December 31, 1981, the designated carryover period shall be the	102693
five consecutive taxable years after the taxable year in which the	102694
net operating loss occurred. For losses incurred in taxable years	102695
ending on or after January 1, 1982, and beginning before August 6,	102696
1997, the designated carryover period shall be the fifteen	102697
consecutive taxable years after the taxable year in which the net	102698
operating loss occurs. For losses incurred in taxable years	102699
beginning on or after August 6, 1997, the designated carryover	102700
period shall be the twenty consecutive taxable years after the	102701
taxable year in which the net operating loss occurs.	102702

(c) The tax commissioner may require a taxpayer to furnish	102703
any information necessary to support a claim for deduction under	102704
division (I)(1)(a) of this section and no deduction shall be	102705
allowed unless the information is furnished.	102706

(2) Deduct any amount included in net income by application	102707
of section 78 or 951 of the Internal Revenue Code, amounts	102708
received for royalties, technical or other services derived from	102709
sources outside the United States, and dividends received from a	102710
subsidiary, associate, or affiliated corporation that neither	102711
transacts any substantial portion of its business nor regularly	102712
maintains any substantial portion of its assets within the United	102713
States. For purposes of determining net foreign source income	102714
deductible under division (I)(2) of this section, the amount of	102715
gross income from all such sources other than dividend income and	102716
income derived by application of section 78 or 951 of the Internal	102717
Revenue Code shall be reduced by:	102718

(a) The amount of any reimbursed expenses for personal	102719
services performed by employees of the taxpayer for the	102720
subsidiary, associate, or affiliated corporation;	102721

(b) Ten per cent of the amount of royalty income and	102722
technical assistance fees;	102723

102724

The amounts described in divisions (I)(2)(a) to (c) of this	102725
section are deemed to be the expenses attributable to the	102726
production of deductible foreign source income unless the taxpayer	102727
shows, by clear and convincing evidence, less actual expenses, or	102728
the tax commissioner shows, by clear and convincing evidence, more	102729
actual expenses.	102730

(3) Add any loss or deduct any gain resulting from the sale,	102731
exchange, or other disposition of a capital asset, or an asset	102732
described in section 1231 of the Internal Revenue Code, to the	102733
extent that such loss or gain occurred prior to the first taxable	102734
year on which the tax provided for in section 5733.06 of the	102735
Revised Code is computed on the corporation's net income. For	102736
purposes of division (I)(3) of this section, the amount of the	102737
prior loss or gain shall be measured by the difference between the	102738
original cost or other basis of the asset and the fair market	102739
value as of the beginning of the first taxable year on which the	102740
tax provided for in section 5733.06 of the Revised Code is	102741
computed on the corporation's net income. At the option of the	102742
taxpayer, the amount of the prior loss or gain may be a percentage	102743
of the gain or loss, which percentage shall be determined by	102744
multiplying the gain or loss by a fraction, the numerator of which	102745
is the number of months from the acquisition of the asset to the	102746
beginning of the first taxable year on which the fee provided in	102747
section 5733.06 of the Revised Code is computed on the	102748
corporation's net income, and the denominator of which is the	102749
number of months from the acquisition of the asset to the sale,	102750
exchange, or other disposition of the asset. The adjustments	102751
described in this division do not apply to any gain or loss where	102752
the gain or loss is recognized by a qualifying taxpayer, as	102753
defined in section 5733.0510 of the Revised Code, with respect to	102754
a qualifying taxable event, as defined in that section.	102755

(4) Deduct the dividend received deduction provided by	102756
section 243 of the Internal Revenue Code.	102757

(5) Deduct any interest or interest equivalent on public	102758
obligations and purchase obligations to the extent included in	102759
federal taxable income. As used in divisions (I)(5) and (6) of	102760
this section, "public obligations," "purchase obligations," and	102761
"interest or interest equivalent" have the same meanings as in	102762
section 5709.76 of the Revised Code.	102763

(6) Add any loss or deduct any gain resulting from the sale,	102764
exchange, or other disposition of public obligations to the extent	102765
included in federal taxable income.	102766

(7) To the extent not otherwise allowed, deduct any dividends	102767
or distributions received by a taxpayer from a public utility,	102768
excluding an electric company and a combined company, and, for tax	102769
years 2005 and thereafter, a telephone company, if the taxpayer	102770
owns at least eighty per cent of the issued and outstanding common	102771
stock of the public utility. As used in division (I)(7) of this	102772
section, "public utility" means a public utility as defined in	102773
Chapter 5727. of the Revised Code, whether or not the public	102774
utility is doing business in the state.	102775

(8) To the extent not otherwise allowed, deduct any dividends	102776
received by a taxpayer from an insurance company, if the taxpayer	102777
owns at least eighty per cent of the issued and outstanding common	102778
stock of the insurance company. As used in division (I)(8) of this	102779
section, "insurance company" means an insurance company that is	102780
taxable under Chapter 5725. or 5729. of the Revised Code.	102781

(9) Deduct expenditures for modifying existing buildings or	102782
structures to meet American national standards institute standard	102783
A-117.1-1961 (R-1971), as amended; provided, that no deduction	102784
shall be allowed to the extent that such deduction is not	102785
permitted under federal law or under rules of the tax	102786
commissioner. Those deductions as are allowed may be taken over a	102787
period of five years. The tax commissioner shall adopt rules under	102788
Chapter 119. of the Revised Code establishing reasonable	102789
limitations on the extent that expenditures for modifying existing	102790
buildings or structures are attributable to the purpose of making	102791
the buildings or structures accessible to and usable by physically	102792
handicapped persons.	102793

(10) Deduct the amount of wages and salaries, if any, not	102794
otherwise allowable as a deduction but that would have been	102795
allowable as a deduction in computing federal taxable income	102796
before operating loss deduction and special deductions for the	102797
taxable year, had the targeted jobs credit allowed and determined	102798
under sections 38, 51, and 52 of the Internal Revenue Code not	102799
been in effect.	102800

(11) Deduct net interest income on obligations of the United	102801
States and its territories and possessions or of any authority,	102802
commission, or instrumentality of the United States to the extent	102803
the laws of the United States prohibit inclusion of the net	102804
interest for purposes of determining the value of the taxpayer's	102805
issued and outstanding shares of stock under division (B) of	102806
section 5733.05 of the Revised Code. As used in division (I)(11)	102807
of this section, "net interest" means interest net of any expenses	102808
taken on the federal income tax return that would not have been	102809
allowed under section 265 of the Internal Revenue Code if the	102810
interest were exempt from federal income tax.	102811

(12)(a) Except as set forth in division (I)(12)(d) of this	102812
section, to the extent not included in computing the taxpayer's	102813
federal taxable income before operating loss deduction and special	102814
deductions, add gains and deduct losses from direct or indirect	102815
sales, exchanges, or other dispositions, made by a related entity	102816
~~who~~that is not a taxpayer, of the taxpayer's indirect,	102817
beneficial, or constructive investment in the stock or debt of	102818
another entity, unless the gain or loss has been included in	102819
computing the federal taxable income before operating loss	102820
deduction and special deductions of another taxpayer with a more	102821
closely related investment in the stock or debt of the other	102822
entity. The amount of gain added or loss deducted shall not exceed	102823
the product obtained by multiplying such gain or loss by the	102824
taxpayer's proportionate share, directly, indirectly,	102825
beneficially, or constructively, of the outstanding stock of the	102826
related entity immediately prior to the direct or indirect sale,	102827
exchange, or other disposition.	102828

(b) Except as set forth in division (I)(12)(e) of this	102829
section, to the extent not included in computing the taxpayer's	102830
federal taxable income before operating loss deduction and special	102831
deductions, add gains and deduct losses from direct or indirect	102832
sales, exchanges, or other dispositions made by a related entity	102833
~~who~~that is not a taxpayer, of intangible property other than	102834
stock, securities, and debt, if such property was owned, or used	102835
in whole or in part, at any time prior to or at the time of the	102836
sale, exchange, or disposition by either the taxpayer or by a	102837
related entity that was a taxpayer at any time during the related	102838
entity's ownership or use of such property, unless the gain or	102839
loss has been included in computing the federal taxable income	102840
before operating loss deduction and special deductions of another	102841
taxpayer with a more closely related ownership or use of such	102842
intangible property. The amount of gain added or loss deducted	102843
shall not exceed the product obtained by multiplying such gain or	102844
loss by the taxpayer's proportionate share, directly, indirectly,	102845
beneficially, or constructively, of the outstanding stock of the	102846
related entity immediately prior to the direct or indirect sale,	102847
exchange, or other disposition.	102848

(c) As used in division (I)(12) of this section, "related	102849
entity" means ~~those entities described in divisions (I)(12)(c)(i)~~	102850
~~to (iii)~~either of ~~this section~~the following:	102851

(i) ~~An individual stockholder, or a member of the~~	102852
~~stockholder's family enumerated in section 318 of the Internal~~	102853
~~Revenue Code, if the stockholder and the members of the~~	102854
~~stockholder's family own,~~A person that owns directly, indirectly,	102855
beneficially, or constructively, in the aggregate, at least fifty	102856
per cent of the value of the taxpayer's ~~outstanding stock~~	102857
ownership interests;	102858

(ii) A ~~stockholder, or a stockholder's partnership, estate,~~	102859
~~trust, or corporation, if the stockholder and the stockholder's~~	102860
~~partnerships, estates, trusts, and corporations own directly,~~	102861
~~indirectly, beneficially, or constructively, in the aggregate,~~	102862
person that has an ownership interest at least fifty per cent of	102863
the aggregate value of ~~the taxpayer's outstanding stock;~~	102864

~~(iii) A corporation, or a party related to the corporation in~~	102865
~~a manner that would require an attribution of stock from the~~	102866
~~corporation to the party or from the party to the corporation~~	102867
~~under division (I)(12)(c)(iv) of this section, if the taxpayer~~	102868
~~owns,~~which is owned directly, indirectly, beneficially, or	102869
constructively~~, at least fifty per cent of~~by the ~~value of the~~	102870
~~corporation's outstanding stock~~taxpayer.	102871

~~(iv)~~ The attribution rules of section 318 of the Internal	102872
Revenue Code apply for purposes of determining whether the	102873
ownership requirements in ~~divisions~~division (I)(12)(c)~~(i) to~~	102874
~~(iii)~~ of this section have been met.	102875

(d) For purposes of the adjustments required by division	102876
(I)(12)(a) of this section, the term "investment in the stock or	102877
debt of another entity" means only those investments where the	102878
taxpayer and the taxpayer's related entities directly, indirectly,	102879
beneficially, or constructively own, in the aggregate, at any time	102880
during the twenty-four month period commencing one year prior to	102881
the direct or indirect sale, exchange, or other disposition of	102882
such investment at least fifty per cent or more of the value of	102883
either the outstanding stock or such debt of such other entity.	102884

(e) For purposes of division (I)(12) of this section,	102885
"taxpayer" includes any person subject to any tax imposed under	102886
Chapter 5747. of the Revised Code.	102887

(f) For the purposes of the adjustments required by division	102888
(I)(12)(b) of this section, the term "related entity" excludes all	102889
of the following:	102890

(i) Foreign corporations as defined in section 7701 of the	102891
Internal Revenue Code;	102892

(ii) Foreign partnerships as defined in section 7701 of the	102893
Internal Revenue Code;	102894

(iii) Corporations, partnerships, estates, and trusts created	102895
or organized in or under the laws of the Commonwealth of Puerto	102896
Rico or any possession of the United States;	102897

(iv) Foreign estates and foreign trusts as defined in section	102898
7701 of the Internal Revenue Code.	102899

The exclusions described in divisions (I)(12)~~(e)~~(f)(i) to	102900
(iv) of this section do not apply if the corporation, partnership,	102901
estate, or trust is described in any one of divisions (C)(1) to	102902
(5) of section 5733.042 of the Revised Code.	102903

~~(f)~~(g) Nothing in division (I)(12) of this section shall	102904
require or permit a taxpayer to add any gains or deduct any losses	102905
described in divisions (I)(12)~~(f)~~(g)(i) and (ii) of this section:	102906

(i) Gains or losses recognized for federal income tax	102907
purposes by an individual, estate, or trust without regard to the	102908
attribution rules described in division (I)(12)(c) of this	102909
section;	102910

(ii) A related entity's gains or losses described in division	102911
(I)(12)(b) of this section if the taxpayer's ownership of or use	102912
of such intangible property was limited to a period not exceeding	102913
nine months and was attributable to a transaction or a series of	102914
transactions executed in accordance with the election or elections	102915
made by the taxpayer or a related entity pursuant to section 338	102916
of the Internal Revenue Code.	102917

(13) Any adjustment required by section 5733.042 of the	102918
Revised Code.	102919

(14) Add any amount claimed as a credit under section	102920
5733.0611 of the Revised Code to the extent that such amount	102921
satisfies either of the following:	102922

(a) It was deducted or excluded from the computation of the	102923
corporation's taxable income before operating loss deduction and	102924
special deductions as required to be reported for the	102925
corporation's taxable year under the Internal Revenue Code;	102926

(b) It resulted in a reduction of the corporation's taxable	102927
income before operating loss deduction and special deductions as	102928
required to be reported for any of the corporation's taxable years	102929
under the Internal Revenue Code.	102930

(15) Deduct the amount contributed by the taxpayer to an	102931
individual development account program established by a county	102932
department of job and family services pursuant to sections 329.11	102933
to 329.14 of the Revised Code for the purpose of matching funds	102934
deposited by program participants. On request of the tax	102935
commissioner, the taxpayer shall provide any information that, in	102936
the tax commissioner's opinion, is necessary to establish the	102937
amount deducted under division (I)(15) of this section.	102938

(16) Any adjustment required by section 5733.0510 or	102939
5733.0511 of the Revised Code.	102940

(17)(a)(i) Add five-sixths of the amount of depreciation	102941
expense allowed under subsection (k) of section 168 of the	102942
Internal Revenue Code, including a person's proportionate or	102943
distributive share of the amount of depreciation expense allowed	102944
by that subsection to any pass-through entity in which the person	102945
has direct or indirect ownership.	102946

(ii) Add five-sixths of the amount of qualifying section 179	102947
depreciation expense, including a person's proportionate or	102948
distributive share of the amount of qualifying section 179	102949
depreciation expense allowed to any pass-through entity in which	102950
the person has a direct or indirect ownership. For the purposes of	102951
this division, "qualifying section 179 depreciation expense" means	102952
the difference between (I) the amount of depreciation expense	102953
directly or indirectly allowed to the taxpayer under section 179	102954
of the Internal Revenue Code, and (II) the amount of depreciation	102955
expense directly or indirectly allowed to the taxpayer under	102956
section 179 of the Internal Revenue Code as that section existed	102957
on December 31, 2002.	102958

The tax commissioner, under procedures established by the	102959
commissioner, may waive the add-backs related to a pass-through	102960
entity if the person owns, directly or indirectly, less than five	102961
per cent of the pass-through entity.	102962

(b) Nothing in division (I)(17) of this section shall be	102963
construed to adjust or modify the adjusted basis of any asset.	102964

(c) To the extent the add-back is attributable to property	102965
generating income or loss allocable under section 5733.051 of the	102966
Revised Code, the add-back shall be allocated to the same location	102967
as the income or loss generated by that property. Otherwise, the	102968
add-back shall be apportioned, subject to division (B)(2)(d) of	102969
section 5733.05 of the Revised Code.	102970

(18)(a) If a person is required to make the add-back under	102971
division (I)(17)(a) of this section for a tax year, the person	102972
shall deduct one-fifth of the amount added back for each of the	102973
succeeding five tax years.	102974

(b) If the amount deducted under division (I)(18)(a) of this	102975
section is attributable to an add-back allocated under division	102976
(I)(17)(c) of this section, the amount deducted shall be allocated	102977
to the same location. Otherwise, the amount shall be apportioned	102978
using the apportionment factors for the taxable year in which the	102979
deduction is taken, subject to division (B)(2)(d) of section	102980
5733.05 of the Revised Code.	102981

(J) Except as otherwise expressly provided or clearly	102982
appearing from the context, any term used in this chapter has the	102983
same meaning as when used in a comparable context in the laws of	102984
the United States relating to federal income taxes. Any reference	102985
in this chapter to the Internal Revenue Code includes other laws	102986
of the United States relating to federal income taxes.	102987

(K) "Financial institution" has the meaning given by section	102988
5725.01 of the Revised Code but does not include a production	102989
credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091.	102990

(L)(1) A "qualifying holding company" is any corporation	102991
satisfying all of the following requirements:	102992

(a) Subject to divisions (L)(2) and (3) of this section, the	102993
net book value of the corporation's intangible assets is greater	102994
than or equal to ninety per cent of the net book value of all of	102995
its assets and at least fifty per cent of the net book value of	102996
all of its assets represents direct or indirect investments in the	102997
equity of, loans and advances to, and accounts receivable due from	102998
related members;	102999

(b) At least ninety per cent of the corporation's gross	103000
income for the taxable year is attributable to the following:	103001

(i) The maintenance, management, ownership, acquisition, use,	103002
and disposition of its intangible property, its aircraft the use	103003
of which is not subject to regulation under 14 C.F.R. part 121 or	103004
part 135, and any real property described in division (L)(2)(c) of	103005
this section;	103006

(ii) The collection and distribution of income from such	103007
property.	103008

(c) The corporation is not a financial institution on the	103009
last day of the taxable year ending prior to the first day of the	103010
tax year;	103011

(d) The corporation's related members make a good faith and	103012
reasonable effort to make timely and fully the adjustments	103013
required by division (D) of section 5733.05 of the Revised Code	103014
and to pay timely and fully all uncontested taxes, interest,	103015
penalties, and other fees and charges imposed under this chapter;	103016

(e) Subject to division (L)(4) of this section, the	103017
corporation elects to be treated as a qualifying holding company	103018
for the tax year.	103019

A corporation otherwise satisfying divisions (L)(1)(a) to (e)	103020
of this section that does not elect to be a qualifying holding	103021
company is not a qualifying holding company for the purposes of	103022
this chapter.	103023

(2)(a)(i) For purposes of making the ninety per cent	103024
computation under division (L)(1)(a) of this section, the net book	103025
value of the corporation's assets shall not include the net book	103026
value of aircraft or real property described in division	103027
(L)(1)(b)(i) of this section.	103028

(ii) For purposes of making the fifty per cent computation	103029
under division (L)(1)(a) of this section, the net book value of	103030
assets shall include the net book value of aircraft or real	103031
property described in division (L)(1)(b)(i) of this section.	103032

(b)(i) As used in division (L) of this section, "intangible	103033
asset" includes, but is not limited to, the corporation's direct	103034
interest in each pass-through entity only if at all times during	103035
the corporation's taxable year ending prior to the first day of	103036
the tax year the corporation's and the corporation's related	103037
members' combined direct and indirect interests in the capital or	103038
profits of such pass-through entity do not exceed fifty per cent.	103039
If the corporation's interest in the pass-through entity is an	103040
intangible asset for that taxable year, then the distributive	103041
share of any income from the pass-through entity shall be income	103042
from an intangible asset for that taxable year.	103043

(ii) If a corporation's and the corporation's related	103044
members' combined direct and indirect interests in the capital or	103045
profits of a pass-through entity exceed fifty per cent at any time	103046
during the corporation's taxable year ending prior to the first	103047
day of the tax year, "intangible asset" does not include the	103048
corporation's direct interest in the pass-through entity, and the	103049
corporation shall include in its assets its proportionate share of	103050
the assets of any such pass-through entity and shall include in	103051
its gross income its distributive share of the gross income of	103052
such pass-through entity in the same form as was earned by the	103053
pass-through entity.	103054

(iii) A pass-through entity's direct or indirect	103055
proportionate share of any other pass-through entity's assets	103056
shall be included for the purpose of computing the corporation's	103057
proportionate share of the pass-through entity's assets under	103058
division (L)(2)(b)(ii) of this section, and such pass-through	103059
entity's distributive share of any other pass-through entity's	103060
gross income shall be included for purposes of computing the	103061
corporation's distributive share of the pass-through entity's	103062
gross income under division (L)(2)(b)(ii) of this section.	103063

(c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii),	103064
(2)(a)(i), and (2)(a)(ii) of this section, real property is	103065
described in division (L)(2)(c) of this section only if all of the	103066
following conditions are present at all times during the taxable	103067
year ending prior to the first day of the tax year:	103068

(i) The real property serves as the headquarters of the	103069
corporation's trade or business, or is the place from which the	103070
corporation's trade or business is principally managed or	103071
directed;	103072

(ii) Not more than ten per cent of the value of the real	103073
property and not more than ten per cent of the square footage of	103074
the building or buildings that are part of the real property is	103075
used, made available, or occupied for the purpose of providing,	103076
acquiring, transferring, selling, or disposing of tangible	103077
property or services in the normal course of business to persons	103078
other than related members, the corporation's employees and their	103079
families, and such related members' employees and their families.	103080

(d) As used in division (L) of this section, "related member"	103081
has the same meaning as in division (A)(6) of section 5733.042 of	103082
the Revised Code without regard to division (B) of that section.	103083

(3) The percentages described in division (L)(1)(a) of this	103084
section shall be equal to the quarterly average of those	103085
percentages as calculated during the corporation's taxable year	103086
ending prior to the first day of the tax year.	103087

(4) With respect to the election described in division	103088
(L)(1)(e) of this section:	103089

(a) The election need not accompany a timely filed report;

103090

(b) The election need not accompany the report; rather, the	103091
election may accompany a subsequently filed but timely application	103092
for refund and timely amended report, or a subsequently filed but	103093
timely petition for reassessment;	103094

103095

(d) The election applies only to the tax year specified by	103096
the corporation;	103097

(e) The corporation's related members comply with division	103098
(L)(1)(d) of this section.	103099

Nothing in division (L)(4) of this section shall be construed	103100
to extend any statute of limitations set forth in this chapter.	103101

(M) "Qualifying controlled group" means two or more	103102
corporations that satisfy the ownership and control requirements	103103
of division (A) of section 5733.052 of the Revised Code.	103104

(N) "Limited liability company" means any limited liability	103105
company formed under Chapter 1705. of the Revised Code or under	103106
the laws of any other state.	103107

(O) "Pass-through entity" means a corporation that has made	103108
an election under subchapter S of Chapter 1 of Subtitle A of the	103109
Internal Revenue Code for its taxable year under that code, or a	103110
partnership, limited liability company, or any other person, other	103111
than an individual, trust, or estate, if the partnership, limited	103112
liability company, or other person is not classified for federal	103113
income tax purposes as an association taxed as a corporation.	103114

(P) "Electric company," "combined company," and "telephone	103115
company" have the same meanings as in section 5727.01 of the	103116
Revised Code.	103117

(Q) "Business income" means income arising from transactions,	103118
activities, and sources in the regular course of a trade or	103119
business and includes income from real property, tangible personal	103120
property, and intangible personal property if the acquisition,	103121
rental, management, and disposition of the property constitute	103122
integral parts of the regular course of a trade or business	103123
operation. "Business income" includes income, including gain or	103124
loss, from a partial or complete liquidation of a business,	103125
including, but not limited to, gain or loss from the sale or other	103126
disposition of goodwill.	103127

(R) "Nonbusiness income" means all income other than business	103128
income.	103129

Sec. 5733.06. For tax years prior to tax year 2014, the tax	103130
hereby charged each corporation subject to this chapter shall be	103131
the greater of the sum of divisions (A) and (B) of this section,	103132
after the reduction, if any, provided by division (J) of this	103133
section, or division (C) of this section, after the reduction, if	103134
any, provided by division (J) of this section, except that the tax	103135
hereby charged each financial institution subject to this chapter	103136
shall be the amount computed under division (D) of this section:	103137

(A) Except as set forth in division (F) of this section, five	103138
and one-tenth per cent upon the first fifty thousand dollars of	103139
the value of the taxpayer's issued and outstanding shares of stock	103140
as determined under division (B) of section 5733.05 of the Revised	103141
Code;	103142

(B) Except as set forth in division (F) of this section,	103143
eight and one-half per cent upon the value so determined in excess	103144
of fifty thousand dollars; or	103145

(C)(1) Except as otherwise provided under division (G) of	103146
this section, four mills times that portion of the value of the	103147
issued and outstanding shares of stock as determined under	103148
division (C) of section 5733.05 of the Revised Code. For the	103149
purposes of division (C) of this section, division (C)(2) of	103150
section 5733.065, and division (C) of section 5733.066 of the	103151
Revised Code, the value of the issued and outstanding shares of	103152
stock of an eligible corporation for tax year 2003 through tax	103153
year 2007, or of a qualifying holding company, is zero.	103154

(2) As used in division (C) of this section, "eligible	103155
corporation" means a person treated as a corporation for federal	103156
income tax purposes that meets all of the following criteria:	103157

(a) The corporation conducts business for an entire taxable	103158
year as a qualified trade or business as defined by division (C)	103159
of section 122.15 of the Revised Code, as that section existed	103160
before its repeal by H.B. ... of the 130th general assembly.	103161

(b) The corporation uses more than fifty per cent of the	103162
corporation's assets, based on net book value, that are located in	103163
Ohio solely to conduct activities that constitute a qualified	103164
trade or business as defined by section 122.15 of the Revised	103165
Code, as that section existed before its repeal by H.B. ... of the	103166
130th general assembly.	103167

(c) The corporation has been formed or organized not more	103168
than three years before the report required to be filed by section	103169
5733.02 of the Revised Code is due, without regard to any	103170
extensions.	103171

(d) The corporation is not a related member, as defined in	103172
section 5733.042 of the Revised Code, at any time during the	103173
taxable year with respect to another person treated as a	103174
corporation for federal income tax purposes. A corporation is not	103175
a related member if during the entire taxable year at least	103176
seventy-five per cent of the corporation's stock is owned directly	103177
or through a pass-through entity by individuals, estates, and	103178
grantor trusts, and the individuals, estates, and grantor trusts	103179
do not directly or indirectly own more than twenty per cent of the	103180
value of another person treated as a corporation for federal	103181
income tax purposes that is conducting a qualified trade or	103182
business.	103183

(D) The tax charged each financial institution subject to	103184
this chapter shall be that portion of the value of the issued and	103185
outstanding shares of stock as determined under division (A) of	103186
section 5733.05 of the Revised Code, multiplied by the following	103187
amounts:	103188

(1) For tax years prior to the 1999 tax year, fifteen mills;

103189

(2) For the 1999 tax year, fourteen mills;

103190

(3) For tax year 2000 and thereafter, thirteen mills.

103191

(E) No tax shall be charged from any corporation that has	103192
been adjudicated bankrupt, or for which a receiver has been	103193
appointed, or that has made a general assignment for the benefit	103194
of creditors, except for the portion of the then current tax year	103195
during which the tax commissioner finds such corporation had the	103196
power to exercise its corporate franchise unimpaired by such	103197
proceedings or act. The minimum payment for each corporation shall	103198
be as follows:	103199

(1) One thousand dollars in the case of a corporation having	103200
gross receipts for the taxable year equal to at least five million	103201
dollars from activities within or outside this state or in the	103202
case of a corporation employing at least three hundred employees	103203
at some time during the taxable year within or outside this state;	103204

(2) Fifty dollars in the case of any other corporation.

103205

The tax charged to corporations under this chapter for the	103206
privilege of engaging in business in this state, which is an	103207
excise tax levied on the value of the issued and outstanding	103208
shares of stock, shall in no manner be construed as prohibiting or	103209
otherwise limiting the powers of municipal corporations, joint	103210
economic development zones created under section 715.691 of the	103211
Revised Code, and joint economic development districts created	103212
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	103213
Revised Code in this state to impose an income tax on the income	103214
of such corporations.	103215

(F) If two or more taxpayers satisfy the ownership or control	103216
requirements of division (A) of section 5733.052 of the Revised	103217
Code, each such taxpayer shall substitute "the taxpayer's pro-rata	103218
amount" for "fifty thousand dollars" in divisions (A) and (B) of	103219
this section. For purposes of this division, "the taxpayer's	103220
pro-rata amount" is an amount that, when added to the other such	103221
taxpayers' pro-rata amounts, does not exceed fifty thousand	103222
dollars. For the purpose of making that computation, the	103223
taxpayer's pro-rata amount shall not be less than zero. Nothing in	103224
this division derogates from or eliminates the requirement to make	103225
the alternative computation of tax under division (C) of this	103226
section.	103227

(G) The tax liability of any corporation under division (C)	103228
of this section shall not exceed one hundred fifty thousand	103229
dollars.	103230

(H)(1) For the purposes of division (H) of this section,	103231
"exiting corporation" means a corporation that satisfies all of	103232
the following conditions:	103233

(a) The corporation had nexus with or in this state under the	103234
Constitution of the United States during any portion of a calendar	103235
year;	103236

(b) The corporation was not a corporation described in	103237
division (A) of section 5733.01 of the Revised Code on the first	103238
day of January immediately following that calendar year;	103239

(c) The corporation was not a financial institution on the	103240
first day of January immediately following that calendar year;	103241

(d) If the corporation was a transferor as defined in section	103242
5733.053 of the Revised Code, the corporation's transferee was not	103243
required to add to the transferee's net income the income of the	103244
transferor pursuant to division (B) of that section;	103245

(e) During any portion of that calendar year, or any portion	103246
of the immediately preceding calendar year, the corporation had	103247
net income that was not included in a report filed by the	103248
corporation or its transferee pursuant to section 5733.02,	103249
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	103250

(f) The corporation would have been subject to the tax	103251
computed under divisions (A), (B), (C), (F), and (G) of this	103252
section if the corporation is assumed to be a corporation	103253
described in division (A) of section 5733.01 of the Revised Code	103254
on the first day of January immediately following the calendar	103255
year to which division (H)(1)(a) of this section refers.	103256

(2) For the purposes of division (H) of this section,	103257
"unreported net income" means net income that was not previously	103258
included in a report filed pursuant to section 5733.02, 5733.021,	103259
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	103260
realized or recognized during the calendar year to which division	103261
(H)(1) of this section refers or the immediately preceding	103262
calendar year.	103263

(3) Each exiting corporation shall pay a tax computed by	103264
first allocating and apportioning the unreported net income	103265
pursuant to division (B) of section 5733.05 and section 5733.051	103266
and, if applicable, section 5733.052 of the Revised Code. The	103267
exiting corporation then shall compute the tax due on its	103268
unreported net income allocated and apportioned to this state by	103269
applying divisions (A), (B), and (F) of this section to that	103270
income.	103271

(4) Divisions (C) and (G) of this section, division (D)(2) of	103272
section 5733.065, and division (C) of section 5733.066 of the	103273
Revised Code do not apply to an exiting corporation, but exiting	103274
corporations are subject to every other provision of this chapter.	103275

(5) Notwithstanding division (B) of section 5733.01 or	103276
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	103277
contrary, each exiting corporation shall report and pay the tax	103278
due under division (H) of this section on or before the	103279
thirty-first day of May immediately following the calendar year to	103280
which division (H)(1)(a) of this section refers. The exiting	103281
corporation shall file that report on the form most recently	103282
prescribed by the tax commissioner for the purposes of complying	103283
with sections 5733.02 and 5733.03 of the Revised Code. Upon	103284
request by the corporation, the tax commissioner may extend the	103285
date for filing the report.	103286

(6) If, on account of the application of section 5733.053 of	103287
the Revised Code, net income is subject to the tax imposed by	103288
divisions (A) and (B) of this section, such income shall not be	103289
subject to the tax imposed by division (H)(3) of this section.	103290

(7) The amendments made to division (H) of this section by	103291
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	103292
any transfer, as defined in section 5733.053 of the Revised Code,	103293
for which negotiations began prior to January 1, 2001, and that	103294
was commenced in and completed during calendar year 2001, unless	103295
the taxpayer makes an election prior to December 31, 2001, to	103296
apply those amendments.	103297

(8) The tax commissioner may adopt rules governing division	103298
(H) of this section.	103299

(I) Any reference in the Revised Code to "the tax imposed by	103300
section 5733.06 of the Revised Code" or "the tax due under section	103301
5733.06 of the Revised Code" includes the taxes imposed under	103302
sections 5733.065 and 5733.066 of the Revised Code.	103303

(J)(1) Division (J) of this section applies solely to a	103304
combined company. Section 5733.057 of the Revised Code shall apply	103305
when calculating the adjustments required by division (J) of this	103306
section.	103307

(2) Subject to division (J)(4) of this section, the total tax	103308
calculated in divisions (A) and (B) of this section shall be	103309
reduced by an amount calculated by multiplying such tax by a	103310
fraction, the numerator of which is the total taxable gross	103311
receipts attributed to providing public utility activity other	103312
than as an electric company under section 5727.03 of the Revised	103313
Code for the year upon which the taxable gross receipts are	103314
measured immediately preceding the tax year, and the denominator	103315
of which is the total gross receipts from all sources for the year	103316
upon which the taxable gross receipts are measured immediately	103317
preceding the tax year. Nothing herein shall be construed to	103318
exclude from the denominator any item of income described in	103319
section 5733.051 of the Revised Code.	103320

(3) Subject to division (J)(4) of this section, the total tax	103321
calculated in division (C) of this section shall be reduced by an	103322
amount calculated by multiplying such tax by the fraction	103323
described in division (J)(2) of this section.	103324

(4) In no event shall the reduction provided by division	103325
(J)(2) or (J)(3) of this section exceed the amount of the excise	103326
tax paid in accordance with section 5727.38 of the Revised Code,	103327
for the year upon which the taxable gross receipts are measured	103328
immediately preceding the tax year.	103329

Sec. 5733.11. (A) If any corporation required to file a	103330
report under this chapter fails to file the report within the time	103331
prescribed, files an incorrect report, or fails to remit the full	103332
amount of the tax due for the period covered by the report, the	103333
tax commissioner may make an assessment against the corporation	103334
for any deficiency for the period for which the report or tax is	103335
due, based upon any information in the commissioner's possession.	103336

No assessment shall be made or issued against a corporation	103337
more than three years after the later of the final date the report	103338
subject to assessment was required to be filed or the date the	103339
report was filed. Such time limit may be extended if both the	103340
corporation and the commissioner consent in writing to the	103341
extension or if an agreement waiving or extending the time limit	103342
has been entered into pursuant to section 122.171 of the Revised	103343
Code. Any such extension shall extend the three-year time limit in	103344
division (B) of section 5733.12 of the Revised Code for the same	103345
period of time. There shall be no bar or limit to an assessment	103346
against a corporation that fails to file a report subject to	103347
assessment as required by this chapter, or that files a fraudulent	103348
report.	103349

The commissioner shall give the corporation assessed written	103350
notice of the assessment in the manner provided in section 5703.37	103351
of the Revised Code. With the notice, the commissioner shall	103352
provide instructions on how to petition for reassessment and	103353
request a hearing on the petition.	103354

(B) Unless the corporation assessed files with the tax	103355
commissioner within sixty days after service of the notice of	103356
assessment, either personally or by certified mail, a written	103357
petition for reassessment, signed by the ~~corporations~~	103358
corporation's authorized agent having knowledge of the facts,, the	103359
assessment becomes final, and the amount of the assessment is due	103360
and payable from the corporation assessed to the treasurer of	103361
state. The petition shall indicate the corporation's objections,	103362
but additional objections may be raised in writing if received by	103363
the commissioner prior to the date shown on the final	103364
determination. If the petition has been properly filed, the	103365
commissioner shall proceed under section 5703.60 of the Revised	103366
Code.	103367

(C) After an assessment becomes final, if any portion of the	103368
assessment remains unpaid, including accrued interest, a certified	103369
copy of the tax commissioner's entry making the assessment final	103370
may be filed in the office of the clerk of the court of common	103371
pleas in the county in which the corporation has an office or	103372
place of business in this state, the county in which the	103373
corporation's statutory agent is located, or Franklin county.	103374

Immediately upon the filing of the entry, the clerk shall	103375
enter a judgment against the corporation assessed in the amount	103376
shown on the entry. The judgment may be filed by the clerk in a	103377
loose-leaf book entitled "special judgments for state corporate	103378
franchise and litter taxes," and shall have the same effect as	103379
other judgments. Execution shall issue upon the judgment upon the	103380
request of the tax commissioner, and all laws applicable to sales	103381
on execution shall apply to sales made under the judgment.	103382

~~The portion of an~~If the assessment is not paid within sixty	103383
days after the day the assessment was issued, the portion of the	103384
assessment consisting of tax due shall bear interest at the rate	103385
per annum prescribed by section 5703.47 of the Revised Code from	103386
the day the tax commissioner issues the assessment until the	103387
assessment is paid or until it is certified to the attorney	103388
general for collection under section 131.02 of the Revised Code,	103389
whichever comes first. If the unpaid portion of the assessment is	103390
certified to the attorney general for collection, the entire	103391
unpaid portion of the assessment shall bear interest at the rate	103392
per annum prescribed by section 5703.47 of the Revised Code from	103393
the date of certification until the date it is paid in its	103394
entirety. Interest shall be paid in the same manner as the tax and	103395
may be collected by issuing an assessment under this section.	103396

(D) All money collected under this section shall be	103397
considered as revenue arising from the taxes imposed by this	103398
chapter.	103399

(E) The portion of an assessment that must be paid upon the	103400
filing of a petition for reassessment shall be as follows:	103401

(1) If the sole item objected to is the assessed penalty or	103402
interest, payment of the assessment, including interest but not	103403
penalty, is required;	103404

(2) If the corporation assessed failed to file, prior to the	103405
date of issuance of the assessment, the annual report required by	103406
section 5733.02 of the Revised Code, any amended report required	103407
by division (C) of section 5733.031 of the Revised Code for the	103408
tax year at issue, or any amended report required by division (D)	103409
of section 5733.067 of the Revised Code to indicate a reduction in	103410
the amount of the credit provided under that section, payment of	103411
the assessment, including interest but not penalty, is required;	103412

(3) If the corporation assessed filed, prior to the date of	103413
issuance of the assessment, the annual report required by section	103414
5733.02 of the Revised Code, all amended reports required by	103415
division (C) of section 5733.031 of the Revised Code for the tax	103416
year at issue, and all amended reports required by division (D) of	103417
section 5733.067 of the Revised Code to indicate a reduction in	103418
the amount of the credit provided under that section, and a	103419
balance of the taxes shown due on the reports as computed on the	103420
reports remains unpaid, payment of only that portion of the	103421
assessment representing the unpaid balance of tax and interest is	103422
required;	103423

(4) If the corporation assessed does not dispute that it is a	103424
taxpayer but claims the protections of section 101 of Public Law	103425
86-272, 73 Stat. 555, 15 U.S.C.A. 381, as amended, payment of only	103426
that portion of the assessment representing any balance of taxes	103427
shown due on the corporation's annual report required by section	103428
5733.02 of the Revised Code, as computed on the report, that	103429
remains unpaid, and that represents taxes imposed by division (C)	103430
of section 5733.06, division (C)(2) of section 5733.065, and	103431
division (C) of section 5733.066 of the Revised Code, together	103432
with all related interest, is required;	103433

(5) If none of the conditions specified in divisions (E)(1)	103434
to (4) of this section apply, or if the corporation assessed	103435
disputes that it is a taxpayer, no payment is required.	103436

(F) Notwithstanding the fact that a petition for reassessment	103437
is pending, the corporation may pay all or a portion of the	103438
assessment that is the subject of the petition. The acceptance of	103439
a payment by the treasurer of state does not prejudice any claim	103440
for refund upon final determination of the petition.	103441

If upon final determination of the petition an error in the	103442
assessment is corrected by the tax commissioner, upon petition so	103443
filed or pursuant to a decision of the board of tax appeals or any	103444
court to which the determination or decision has been appealed, so	103445
that the amount due from the corporation under the corrected	103446
assessment is less than the portion paid, there shall be issued to	103447
the corporation, its assigns, or legal representative a refund in	103448
the amount of the overpayment as provided by section 5733.12 of	103449
the Revised Code, with interest on that amount as provided by	103450
section 5733.26 of the Revised Code, subject to section 5733.121	103451
of the Revised Code.	103452

Sec. 5733.98. (A) To provide a uniform procedure for	103453
calculating the amount of tax imposed by section 5733.06 of the	103454
Revised Code that is due under this chapter, a taxpayer shall	103455
claim any credits to which it is entitled in the following order,	103456
except as otherwise provided in section 5733.058 of the Revised	103457
Code:	103458

(1) For tax year 2005, the credit for taxes paid by a	103459
qualifying pass-through entity allowed under section 5733.0611 of	103460
the Revised Code;	103461

(2) The credit allowed for financial institutions under	103462
section 5733.45 of the Revised Code;	103463

(3) The credit for qualifying affiliated groups under section	103464
5733.068 of the Revised Code;	103465

(4) The subsidiary corporation credit under section 5733.067	103466
of the Revised Code;	103467

(5) The savings and loan assessment credit under section	103468
5733.063 of the Revised Code;	103469

(6) The credit for recycling and litter prevention donations	103470
under section 5733.064 of the Revised Code;	103471

(7) The credit for employers that enter into agreements with	103472
child day-care centers under section 5733.36 of the Revised Code;	103473

(8) The credit for employers that reimburse employee child	103474
care expenses under section 5733.38 of the Revised Code;	103475

(9) The credit for maintaining railroad active grade crossing	103476
warning devices under section 5733.43 of the Revised Code;	103477

(10) The credit for purchases of lights and reflectors under	103478
section 5733.44 of the Revised Code;	103479

(11) The nonrefundable job retention credit under division	103480
(B) of section 5733.0610 of the Revised Code;	103481

(12) The credit for tax years 2008 and 2009 for selling	103482
alternative fuel under section 5733.48 of the Revised Code;	103483

(13) The second credit for purchases of new manufacturing	103484
machinery and equipment under section 5733.33 of the Revised Code;	103485

(14) The job training credit under section 5733.42 of the	103486
Revised Code;	103487

(15) The credit for qualified research expenses under section	103488
5733.351 of the Revised Code;	103489

(16) The enterprise zone credit under section 5709.66 of the	103490
Revised Code;	103491

(17) The credit for the eligible costs associated with a	103492
voluntary action under section 5733.34 of the Revised Code;	103493

(18) The credit for employers that establish on-site child	103494
day-care centers under section 5733.37 of the Revised Code;	103495

(19) The ethanol plant investment credit under section	103496
5733.46 of the Revised Code;	103497

(20) The credit for purchases of qualifying grape production	103498
property under section 5733.32 of the Revised Code;	103499

(21) The export sales credit under section 5733.069 of the	103500
Revised Code;	103501

(22) ~~The credit for research and development and technology~~	103502
~~transfer investors under section 5733.35 of the Revised Code;~~	103503

~~(23)~~ The enterprise zone credits under section 5709.65 of the	103504
Revised Code;	103505

~~(24)~~(23) The credit for using Ohio coal under section 5733.39	103506
of the Revised Code;	103507

~~(25)~~(24) The credit for purchases of qualified low-income	103508
community investments under section 5733.58 of the Revised Code;	103509

~~(26)~~(25) The credit for small telephone companies under	103510
section 5733.57 of the Revised Code;	103511

~~(27)~~(26) The credit for eligible nonrecurring 9-1-1 charges	103512
under section 5733.55 of the Revised Code;	103513

~~(28)~~(27) For tax year 2005, the credit for providing programs	103514
to aid the communicatively impaired under division (A) of section	103515
5733.56 of the Revised Code;	103516

~~(29)~~(28) The research and development credit under section	103517
5733.352 of the Revised Code;	103518

~~(30)~~(29) For tax years 2006 and subsequent tax years, the	103519
credit for taxes paid by a qualifying pass-through entity allowed	103520
under section 5733.0611 of the Revised Code;	103521

~~(31)~~(30) The refundable credit for rehabilitating a historic	103522
building under section 5733.47 of the Revised Code;	103523

~~(32)~~(31) The refundable jobs creation credit or job retention	103524
credit under division (A) of section 5733.0610 of the Revised	103525
Code;	103526

~~(33)~~(32) The refundable credit for tax withheld under	103527
division (B)(2) of section 5747.062 of the Revised Code;	103528

~~(34)~~(33) The refundable credit under section 5733.49 of the	103529
Revised Code for losses on loans made to the Ohio venture capital	103530
program under sections 150.01 to 150.10 of the Revised Code;	103531

~~(35)~~(34) For tax years 2006, 2007, and 2008, the refundable	103532
credit allowable under division (B) of section 5733.56 of the	103533
Revised Code;	103534

~~(36)~~(35) The refundable motion picture production credit	103535
under section 5733.59 of the Revised Code.	103536

(B) For any credit except the refundable credits enumerated	103537
in this section, the amount of the credit for a tax year shall not	103538
exceed the tax due after allowing for any other credit that	103539
precedes it in the order required under this section. Any excess	103540
amount of a particular credit may be carried forward if authorized	103541
under the section creating that credit.	103542

Sec. 5735.12. (A) Any motor fuel dealer required by this	103543
chapter to file reports and pay the tax levied by this chapter who	103544
fails to file the report within the time prescribed, may be liable	103545
for an additional charge not exceeding the greater of ten per cent	103546
of the motor fuel dealer's tax liability for that month or fifty	103547
dollars. The tax commissioner may remit all or a portion of the	103548
additional charge and may adopt rules relating to the remission of	103549
all or a portion of the charge.	103550

If any person required by this chapter to file reports and	103551
pay the taxes, interest, or additional charge levied by this	103552
chapter fails to file the report, files an incomplete or incorrect	103553
report, or fails to remit the full amount of the tax, interest, or	103554
additional charge due for the period covered by the report, the	103555
commissioner may make an assessment against the person based upon	103556
any information in the commissioner's possession.	103557

No assessment shall be made against any motor fuel dealer for	103558
taxes imposed by this chapter more than four years after the date	103559
on which the report on which the assessment was based was due or	103560
was filed, whichever is later. This section does not bar an	103561
assessment against any motor fuel dealer who fails to file a	103562
report required by section 5735.06 of the Revised Code, or who	103563
files a fraudulent motor fuel tax report.	103564

A penalty of up to fifteen per cent may be added to the	103565
amount of every assessment made under this section. The	103566
commissioner may adopt rules providing for the imposition and	103567
remission of penalties added to assessments made under this	103568
section.	103569

The commissioner shall give the party assessed written notice	103570
of the assessment in the manner provided in section 5703.37 of the	103571
Revised Code. With the notice, the commissioner shall provide	103572
instructions on how to petition for reassessment and request a	103573
hearing on the petition.	103574

(B) Unless the party assessed files with the tax commissioner	103575
within sixty days after service of the notice of assessment,	103576
either personally or by certified mail, a written petition for	103577
reassessment in writing, signed by the party assessed or that	103578
party's authorized agent having knowledge of the facts, the	103579
assessment becomes final and the amount of the assessment is due	103580
and payable from the party assessed to the treasurer of state. The	103581
petition shall indicate the objections of the party assessed, but	103582
additional objections may be raised in writing if received by the	103583
commissioner prior to the date shown on the final determination.	103584
If the petition has been properly filed, the commissioner shall	103585
proceed under section 5703.60 of the Revised Code.	103586

(C) After an assessment becomes final, if any portion of the	103587
assessment remains unpaid, including accrued interest, a certified	103588
copy of the tax commissioner's entry making the assessment final	103589
may be filed in the office of the clerk of the court of common	103590
pleas in the county in which the party assessed resides or in	103591
which the business of the party assessed is conducted. If the	103592
party assessed maintains no place of business in this state and is	103593
not a resident of this state, the certified copy of the entry may	103594
be filed in the office of the clerk of the court of common pleas	103595
of Franklin county.	103596

Immediately upon the filing of the entry, the clerk shall	103597
enter a judgment for the state against the party assessed in the	103598
amount shown on the entry. The judgment may be filed by the clerk	103599
in a loose-leaf book entitled "special judgments for state motor	103600
fuel tax," and shall have the same effect as other judgments.	103601
Execution shall issue upon the judgment upon the request of the	103602
tax commissioner, and all laws applicable to sales on execution	103603
shall apply to sales made under the judgment.	103604

~~The portion of~~If the assessment is not paid in its entirety	103605
within sixty days after the day the assessment was issued, the	103606
portion of the assessment consisting of tax due shall bear	103607
interest at the rate per annum prescribed by section 5703.47 of	103608
the Revised Code from the day the commissioner issues the	103609
assessment until it is paid or until it is certified to the	103610
attorney general for collection under section 131.02 of the	103611
Revised Code, whichever comes first. If the unpaid portion of the	103612
assessment is certified to the attorney general for collection,	103613
the entire unpaid portion of the assessment shall bear interest at	103614
the rate per annum prescribed by section 5703.47 of the Revised	103615
Code from the date of certification until the date it is paid in	103616
its entirety. Interest shall be paid in the same manner as the tax	103617
and may be collected by the issuance of an assessment under this	103618
section.	103619

(D) All money collected by the tax commissioner under this	103620
section shall be paid to the treasurer of state, and when paid	103621
shall be considered as revenue arising from the tax imposed by	103622
this chapter.	103623

(E) If the tax commissioner determines that the commissioner	103624
has erroneously refunded motor fuel tax to any person, the	103625
commissioner may make an assessment against the person for	103626
recovery of the erroneously refunded tax.	103627

Sec. 5735.34. (A) If any motor fuel dealer sells that motor	103628
fuel dealer's entire business or discontinues operating that	103629
business, the taxes and any interest and penalties imposed under	103630
this chapter that arose prior to the date of sale or	103631
discontinuation become due and payable immediately. ~~The~~Within	103632
fifteen days after the date of the sale or discontinuation of the	103633
business, the motor fuel dealer shall make a final return ~~within~~	103634
~~fifteen days after the date of the sale or discontinuation of the~~	103635
~~business~~and provide written notification to the tax commissioner	103636
of the sale or discontinuation and the name and contact	103637
information of the purchaser, if applicable. The purchaser of the	103638
business shall withhold a sufficient amount of the purchase money	103639
to cover the amount of such taxes, interest, and penalties due and	103640
unpaid until the seller produces a receipt from the tax	103641
commissioner showing that the taxes, interest, and penalties have	103642
been paid, or until the seller produces a certificate indicating	103643
that no taxes, interest, and penalties are due.	103644

(B) If the purchaser of the business fails to withhold the	103645
purchase money required to be withheld under this section, the	103646
purchaser of the business is personally liable for the payment of	103647
the taxes, interest, and penalties accrued and unpaid during the	103648
operation of the business by the seller, but only to the extent of	103649
the consideration offered for the entire business.	103650

(C) For purposes of this section, "entire business" means	103651
substantially all of the seller's assets determined without regard	103652
to any then existing mortgages, liens, security interests or other	103653
encumbrances attaching to those assets. A person is considered to	103654
have sold the entire business only if the person ceases to qualify	103655
as a motor fuel dealer and has relinquished or the tax	103656
commissioner has canceled the person's motor fuel dealer's	103657
license.	103658

Sec. 5739.01. As used in this chapter:

103659

(A) "Person" includes individuals, receivers, assignees,	103660
trustees in bankruptcy, estates, firms, partnerships,	103661
associations, joint-stock companies, joint ventures, clubs,	103662
societies, corporations, the state and its political subdivisions,	103663
and combinations of individuals of any form.	103664

(B) "Sale" and "selling" include all of the following	103665
transactions for a consideration in any manner, whether absolutely	103666
or conditionally, whether for a price or rental, in money or by	103667
exchange, and by any means whatsoever:	103668

(1) All transactions by which title or possession, or both,	103669
of tangible personal property, is or is to be transferred, or a	103670
license to use or consume tangible personal property is or is to	103671
be granted;	103672

(2) All transactions by which lodging by a hotel is or is to	103673
be furnished to transient guests;	103674

(3) All transactions by which:

103675

~~(a) An item of tangible personal property is or is to be~~	103676
~~repaired, except property, the purchase of which would not be~~	103677
~~subject to the tax imposed by section 5739.02 of the Revised Code;~~	103678

~~(b) An item of tangible personal property is or is to be~~	103679
~~installed, except property, the purchase of which would not be~~	103680
~~subject to the tax imposed by section 5739.02 of the Revised Code~~	103681
~~or property that is or is to be incorporated into and will become~~	103682
~~a part of a production, transmission, transportation, or~~	103683
~~distribution system for the delivery of a public utility service;~~	103684

~~(c) The service of washing, cleaning, waxing, polishing, or~~	103685
~~painting a motor vehicle is or is to be furnished;~~	103686

~~(d) Until August 1, 2003, industrial laundry cleaning~~	103687
~~services are or are to be provided and, on and after August 1,~~	103688
~~2003, laundry and dry cleaning services are or are to be provided;~~	103689

~~(e) Automatic data processing, computer services, or~~	103690
~~electronic information services are or are to be provided for use~~	103691
~~in business when the true object of the transaction is the receipt~~	103692
~~by the consumer of automatic data processing, computer services,~~	103693
~~or electronic information services rather than the receipt of~~	103694
~~personal or professional services to which automatic data~~	103695
~~processing, computer services, or electronic information services~~	103696
~~are incidental or supplemental. Notwithstanding any other~~	103697
~~provision of this chapter, such transactions that occur between~~	103698
~~members of an affiliated group are not sales. An "affiliated~~	103699
~~group" means two or more persons related in such a way that one~~	103700
~~person owns or controls the business operation of another member~~	103701
~~of the group. In the case of corporations with stock, one~~	103702
~~corporation owns or controls another if it owns more than fifty~~	103703
~~per cent of the other corporation's common stock with voting~~	103704
~~rights.~~	103705

~~(f) Telecommunications service, including prepaid calling~~	103706
~~service, prepaid wireless calling service, or ancillary service,~~	103707
~~is or is to be provided, but not including coin-operated telephone~~	103708
~~service;~~	103709

~~(g) Landscaping and lawn care service is or is to be~~	103710
~~provided;~~	103711

~~(h) Private investigation and security service is or is to be~~	103712
~~provided;~~	103713

~~(i) Information services or tangible personal property is~~	103714
~~provided or ordered by means of a nine hundred telephone call;~~	103715

~~(j) Building maintenance and janitorial service is or is to~~	103716
~~be provided;~~	103717

~~(k) Employment service is or is to be provided;~~

103718

~~(l) Employment placement service is or is to be provided;~~

103719

~~(m) Exterminating service is or is to be provided;~~

103720

~~(n) Physical fitness facility service is or is to be~~	103721
~~provided;~~	103722

~~(o) Recreation and sports club service is or is to be~~	103723
~~provided;~~	103724

~~(p) On and after August 1, 2003, satellite broadcasting~~	103725
~~service is or is to be provided;~~	103726

~~(q) On and after August 1, 2003, personal care service is or~~	103727
~~is to be provided to an individual. As used in this division,~~	103728
~~"personal care service" includes skin care, the application of~~	103729
~~cosmetics, manicuring, pedicuring, hair removal, tattooing, body~~	103730
~~piercing, tanning, massage, and other similar services. "Personal~~	103731
~~care service" does not include a service provided by or on the~~	103732
~~order of a licensed physician or licensed chiropractor, or the~~	103733
~~cutting, coloring, or styling of an individual's hair.~~	103734

~~(r) On and after August 1, 2003,~~a service is or is to be	103735
provided;	103736

(4) All transactions by which intangible property is or is to	103737
be transferred, or a license to use intangible property is or is	103738
to be granted;	103739

(5) All transactions by which the transportation of persons	103740
by motor vehicle or aircraft is or is to be provided, when the	103741
transportation is entirely within this state, except for	103742
transportation provided by an ambulance service, by a transit bus,	103743
as defined in section 5735.01 of the Revised Code, and	103744
transportation provided by a citizen of the United States holding	103745
a certificate of public convenience and necessity issued under 49	103746
U.S.C. 41102;	103747

~~(s) On and after August 1, 2003, motor vehicle towing service~~	103748
~~is or is to be provided. As used in this division, "motor vehicle~~	103749
~~towing service" means the towing or conveyance of a wrecked,~~	103750
~~disabled, or illegally parked motor vehicle.~~	103751

~~(t) On and after August 1, 2003, snow removal service is or~~	103752
~~is to be provided. As used in this division, "snow removal~~	103753
~~service" means the removal of snow by any mechanized means, but~~	103754
~~does not include the providing of such service by a person that~~	103755
~~has less than five thousand dollars in sales of such service~~	103756
~~during the calendar year.~~	103757

~~(u) Electronic publishing service is or is to be provided to~~	103758
~~a consumer for use in business, except that such transactions~~	103759
~~occurring between members of an affiliated group, as defined in~~	103760
~~division (B)(3)(e) of this section, are not sales.~~	103761

~~(4) All transactions by which printed, imprinted,~~	103762
~~overprinted, lithographic, multilithic, blueprinted, photostatic,~~	103763
~~or other productions or reproductions of written or graphic matter~~	103764
~~are or are to be furnished or transferred;~~	103765

~~(5)~~(6) All transactions by which a specified digital product	103766
is provided for permanent use or less than permanent use,	103767
regardless of whether continued payment is required;	103768

(7) The production or fabrication of tangible personal	103769
property for a consideration for consumers who furnish either	103770
directly or indirectly the materials used in the production of	103771
fabrication work; and include the furnishing, preparing, or	103772
serving for a consideration of any tangible personal property	103773
consumed on the premises of the person furnishing, preparing, or	103774
serving such tangible personal property. Except as provided in	103775
section 5739.03 of the Revised Code, a construction contract	103776
pursuant to which tangible personal property is or is to be	103777
incorporated into a structure or improvement on and becoming a	103778
part of real property is not a sale of such tangible personal	103779
property. The construction contractor is the consumer of such	103780
tangible personal property, provided that the sale and	103781
installation of carpeting, the sale and installation of	103782
agricultural land tile, the sale and erection or installation of	103783
portable grain bins, or the ~~provision~~transfer of tangible	103784
personal property as part of a landscaping and lawn care service	103785
~~and the transfer of property as part of such service~~ is never a	103786
construction contract.	103787

As used in division (B)~~(5)~~(7) of this section:

103788

(a) "Agricultural land tile" means fired clay or concrete	103789
tile, or flexible or rigid perforated plastic pipe or tubing,	103790
incorporated or to be incorporated into a subsurface drainage	103791
system appurtenant to land used or to be used primarily in	103792
production by farming, agriculture, horticulture, or floriculture.	103793
The term does not include such materials when they are or are to	103794
be incorporated into a drainage system appurtenant to a building	103795
or structure even if the building or structure is used or to be	103796
used in such production.	103797

(b) "Portable grain bin" means a structure that is used or to	103798
be used by a person engaged in farming or agriculture to shelter	103799
the person's grain and that is designed to be disassembled without	103800
significant damage to its component parts.	103801

~~(6)~~(8) All transactions in which all of the shares of stock	103802
of a closely held corporation are transferred, or an ownership	103803
interest in a pass-through entity, as defined in section 5733.04	103804
of the Revised Code, is transferred, if the corporation or	103805
pass-through entity is not engaging in business and its entire	103806
assets consist of boats, planes, motor vehicles, or other tangible	103807
personal property operated primarily for the use and enjoyment of	103808
the shareholders or owners;	103809

~~(7) All transactions in which a warranty, maintenance or~~	103810
~~service contract, or similar agreement by which the vendor of the~~	103811
~~warranty, contract, or agreement agrees to repair or maintain the~~	103812
~~tangible personal property of the consumer is or is to be~~	103813
~~provided;~~	103814

~~(8)~~(9) The transfer of copyrighted motion picture films used	103815
solely for advertising purposes, except that the transfer of such	103816
films for exhibition purposes is not a sale;	103817

~~(9) On and after August 1, 2003, all transactions by which~~	103818
~~tangible personal property is or is to be stored, except such~~	103819
~~property that the consumer of the storage holds for sale in the~~	103820
~~regular course of business;~~	103821

~~(10) All transactions in which "guaranteed auto protection"~~	103822
~~is provided whereby a person promises to pay to the consumer the~~	103823
~~difference between the amount the consumer receives from motor~~	103824
~~vehicle insurance and the amount the consumer owes to a person~~	103825
~~holding title to or a lien on the consumer's motor vehicle in the~~	103826
~~event the consumer's motor vehicle suffers a total loss under the~~	103827
~~terms of the motor vehicle insurance policy or is stolen and not~~	103828
~~recovered, if the protection and its price are included in the~~	103829
~~purchase or lease agreement;~~	103830

~~(11)~~(10)(a) Except as provided in division (B)~~(11)~~(10)(b) of	103831
this section, on and after October 1, 2009, all transactions by	103832
which health care services are paid for, reimbursed, provided,	103833
delivered, arranged for, or otherwise made available by a medicaid	103834
health insuring corporation pursuant to the corporation's contract	103835
with the state.	103836

(b) If the centers for medicare and medicaid services of the	103837
United States department of health and human services determines	103838
that the taxation of transactions described in division	103839
(B)~~(11)~~(10)(a) of this section constitutes an impermissible health	103840
care-related tax under ~~section 1903(w) of~~ the "Social Security	103841
Act," ~~49 Stat. 620 (1935)~~section 1903(w), 42 U.S.C. 1396b(w), as	103842
~~amended,~~ and regulations adopted thereunder, the medicaid director	103843
~~of job and family services~~ shall notify the tax commissioner of	103844
that determination. Beginning with the first day of the month	103845
following that notification, the transactions described in	103846
division (B)~~(11)~~(10)(a) of this section are not sales for the	103847
purposes of this chapter or Chapter 5741. of the Revised Code. The	103848
tax commissioner shall order that the collection of taxes under	103849
sections 5739.02, 5739.021, 5739.023, 5739.026, 5741.02, 5741.021,	103850
5741.022, and 5741.023 of the Revised Code shall cease for	103851
transactions occurring on or after that date.	103852

~~Except as provided in this section, "sale" and "selling" do~~	103853
~~not include transfers of interest in leased property where the~~	103854
~~original lessee and the terms of the original lease agreement~~	103855
~~remain unchanged, or professional, insurance, or personal service~~	103856
~~transactions that involve the transfer of tangible personal~~	103857
~~property as an inconsequential element, for which no separate~~	103858
~~charges are made.~~	103859

(C) "Vendor" means the person providing the service or by	103860
whom the transfer effected or license given by a sale is or is to	103861
be made or given ~~and, for sales described in division (B)(3)(i) of~~	103862
~~this section, the telecommunications service vendor that provides~~	103863
~~the nine hundred telephone service; if~~. If two or more persons are	103864
engaged in business at the same place of business under a single	103865
trade name in which all collections on account of sales by each	103866
are made, such persons shall constitute a single vendor.	103867

Physicians, dentists, hospitals, and veterinarians who are	103868
engaged in selling tangible personal property as received from	103869
others, such as eyeglasses, mouthwashes, ~~dentifrices~~toothbrushes,	103870
or similar articles, are vendors. Veterinarians who are engaged in	103871
transferring to others for a consideration drugs, the dispensing	103872
of which does not require an order of a licensed veterinarian or	103873
physician under federal law, are vendors.	103874

(D)(1) "Consumer" means the person for whom the service is	103875
provided, to whom the service is charged, or to whom the transfer	103876
effected or license given by a sale is or is to be made or given,	103877
~~to whom the service described in division (B)(3)(f) or (i) of this~~	103878
~~section is charged, or to whom the admission is granted~~.	103879

(2) Physicians, dentists, hospitals, and blood banks operated	103880
by nonprofit institutions and persons licensed to practice	103881
veterinary medicine, surgery, and dentistry are consumers of all	103882
tangible personal property and services purchased by them in	103883
connection with the practice of medicine, dentistry, the rendition	103884
of hospital or blood bank service, or the practice of veterinary	103885
medicine, surgery, and dentistry. In addition to being consumers	103886
of drugs administered by them or by their assistants according to	103887
their direction, veterinarians also are consumers of drugs that	103888
under federal law may be dispensed only by or upon the order of a	103889
licensed veterinarian or physician, when transferred by them to	103890
others for a consideration to provide treatment to animals as	103891
directed by the veterinarian.	103892

(3) A person who performs a facility management, or similar	103893
service contract for a contractee is a consumer of all tangible	103894
personal property and services purchased for use in connection	103895
with the performance of such contract, regardless of whether title	103896
to any such property vests in the contractee. The purchase of such	103897
property and services is not subject to the exception for resale	103898
under division (E)(1) of this section.	103899

(4)(a) In the case of a person who purchases printed matter	103900
for the purpose of distributing it or having it distributed to the	103901
public or to a designated segment of the public, free of charge,	103902
that person is the consumer of that printed matter, and the	103903
purchase of that printed matter for that purpose is a sale.	103904

(b) In the case of a person who produces, rather than	103905
purchases, printed matter for the purpose of distributing it or	103906
having it distributed to the public or to a designated segment of	103907
the public, free of charge, that person is the consumer of all	103908
tangible personal property and services purchased for use or	103909
consumption in the production of that printed matter. That person	103910
is not entitled to claim exemption under division (B)(42)(f) of	103911
section 5739.02 of the Revised Code for any material incorporated	103912
into the printed matter or any equipment, supplies, or services	103913
primarily used to produce the printed matter.	103914

(c) The distribution of printed matter to the public or to a	103915
designated segment of the public, free of charge, is not a sale to	103916
the members of the public to whom the printed matter is	103917
distributed or to any persons who purchase space in the printed	103918
matter for advertising or other purposes.	103919

(5) A person who makes sales of ~~any of the~~ services ~~listed in~~	103920
~~division (B)(3) of this section~~ is the consumer of any tangible	103921
personal property or service used in performing the service. The	103922
purchase of that property or service is not subject to the resale	103923
exception under division (E)~~(1)~~ of this section.	103924

(6) A person who engages in highway transportation for hire	103925
is the consumer of all packaging materials purchased by that	103926
person and used in performing the service, except for packaging	103927
materials sold by such person in a transaction separate from the	103928
service.	103929

(7) In the case of a transaction for health care services	103930
under division (B)~~(11)~~(10) of this section, a medicaid health	103931
insuring corporation is the consumer of such services. The	103932
purchase of such services by a medicaid health insuring	103933
corporation is not subject to the exception for resale under	103934
division (E)~~(1)~~ of this section or to the exemptions provided	103935
under divisions (B)(12), (18), (19), and (22) of section 5739.02	103936
of the Revised Code.	103937

(8) An insurance company is the consumer of all services	103938
purchased for use in connection with the performance of an	103939
insurance contract.	103940

(E) "Retail sale" and "sales at retail" include all sales,	103941
except those in which the purpose of the consumer is to resell the	103942
thing transferred or benefit of the service provided, by a person	103943
engaging in business, in the form in which the same is, or is to	103944
be, received by the person.	103945

(F) "Business" includes any activity engaged in by any person	103946
with the object of gain, benefit, or advantage, either direct or	103947
indirect. "Business" does not include the activity of a person in	103948
managing and investing the person's own funds.	103949

(G) "Engaging in business" means commencing, conducting, or	103950
continuing in business, and liquidating a business when the	103951
liquidator thereof holds itself out to the public as conducting	103952
such business. Making a casual sale is not engaging in business.	103953

(H)(1)(a) "Price," except as provided in divisions (H)(2),	103954
(3), and (4) of this section, means the total amount of	103955
consideration, including cash, credit, property, and services, for	103956
which tangible personal property or services are sold, leased, or	103957
rented, valued in money, whether received in money or otherwise,	103958
without any deduction for any of the following:	103959

(i) The vendor's cost of the property sold;

103960

(ii) The cost of materials used, labor or service costs,	103961
interest, losses, all costs of transportation to the vendor, all	103962
taxes imposed on the vendor, including the tax imposed under	103963
Chapter 5751. of the Revised Code, and any other expense of the	103964
vendor;	103965

(iii) Charges by the vendor for any services necessary to	103966
complete the sale;	103967

(iv) On and after August 1, 2003, delivery charges. As used	103968
in this division, "delivery charges" means charges by the vendor	103969
for preparation and delivery to a location designated by the	103970
consumer of tangible personal property or a service, including	103971
transportation, shipping, postage, handling, crating, and packing.	103972

(v) Installation charges;

103973

(vi) Credit for any trade-in.

103974

(b) "Price" includes consideration received by the vendor	103975
from a third party, if the vendor actually receives the	103976
consideration from a party other than the consumer, and the	103977
consideration is directly related to a price reduction or discount	103978
on the sale; the vendor has an obligation to pass the price	103979
reduction or discount through to the consumer; the amount of the	103980
consideration attributable to the sale is fixed and determinable	103981
by the vendor at the time of the sale of the item to the consumer;	103982
and one of the following criteria is met:	103983

(i) The consumer presents a coupon, certificate, or other	103984
document to the vendor to claim a price reduction or discount	103985
where the coupon, certificate, or document is authorized,	103986
distributed, or granted by a third party with the understanding	103987
that the third party will reimburse any vendor to whom the coupon,	103988
certificate, or document is presented;	103989

(ii) The consumer identifies the consumer's self to the	103990
seller as a member of a group or organization entitled to a price	103991
reduction or discount. A preferred customer card that is available	103992
to any patron does not constitute membership in such a group or	103993
organization.	103994

(iii) The price reduction or discount is identified as a	103995
third party price reduction or discount on the invoice received by	103996
the consumer, or on a coupon, certificate, or other document	103997
presented by the consumer.	103998

103999

(i) Discounts, including cash, term, or coupons that are not	104000
reimbursed by a third party that are allowed by a vendor and taken	104001
by a consumer on a sale;	104002

(ii) Interest, financing, and carrying charges from credit	104003
extended on the sale of tangible personal property or services, if	104004
the amount is separately stated on the invoice, bill of sale, or	104005
similar document given to the purchaser;	104006

(iii) Any taxes legally imposed directly on the consumer that	104007
are separately stated on the invoice, bill of sale, or similar	104008
document given to the consumer. For the purpose of this division,	104009
the tax imposed under Chapter 5751. of the Revised Code is not a	104010
tax directly on the consumer, even if the tax or a portion thereof	104011
is separately stated.	104012

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	104013
section, any discount allowed by an automobile manufacturer to its	104014
employee, or to the employee of a supplier, on the purchase of a	104015
new motor vehicle from a new motor vehicle dealer in this state.	104016

(v) The dollar value of a gift card that is not sold by a	104017
vendor or purchased by a consumer and that is redeemed by the	104018
consumer in purchasing tangible personal property or services if	104019
the vendor is not reimbursed and does not receive compensation	104020
from a third party to cover all or part of the gift card value.	104021
For the purposes of this division, a gift card is not sold by a	104022
vendor or purchased by a consumer if it is distributed pursuant to	104023
an awards, loyalty, or promotional program. Past and present	104024
purchases of tangible personal property or services by the	104025
consumer shall not be treated as consideration exchanged for a	104026
gift card.	104027

(2) In the case of a sale of any new motor vehicle by a new	104028
motor vehicle dealer, as defined in section 4517.01 of the Revised	104029
Code, in which another motor vehicle is accepted by the dealer as	104030
part of the consideration received, "price" has the same meaning	104031
as in division (H)(1) of this section, reduced by the credit	104032
afforded the consumer by the dealer for the motor vehicle received	104033
in trade.	104034

(3) In the case of a sale of any watercraft or outboard motor	104035
by a watercraft dealer licensed in accordance with section	104036
1547.543 of the Revised Code, in which another watercraft,	104037
watercraft and trailer, or outboard motor is accepted by the	104038
dealer as part of the consideration received, "price" has the same	104039
meaning as in division (H)(1) of this section, reduced by the	104040
credit afforded the consumer by the dealer for the watercraft,	104041
watercraft and trailer, or outboard motor received in trade. As	104042
used in this division, "watercraft" includes an outdrive unit	104043
attached to the watercraft.	104044

(4) In the case of transactions for health care services	104045
under division (B)~~(11)~~(10) of this section, "price" means the	104046
amount of managed care premiums received each month by a medicaid	104047
health insuring corporation.	104048

(I) "Receipts" means the total amount of the prices of the	104049
sales of vendors, provided that the dollar value of gift cards	104050
distributed pursuant to an awards, loyalty, or promotional	104051
program, and cash discounts allowed and taken on sales at the time	104052
they are consummated are not included, minus any amount deducted	104053
as a bad debt pursuant to section 5739.121 of the Revised Code.	104054
"Receipts" does not include the sale price of property returned or	104055
services rejected by consumers when the full sale price and tax	104056
are refunded either in cash or by credit.	104057

(J) "Place of business" means any location at which a person	104058
engages in business.	104059

(K) "Premises" includes any real property or portion thereof	104060
upon which any person engages in selling tangible personal	104061
property at retail or making retail sales and also includes any	104062
real property or portion thereof designated for, or devoted to,	104063
use in conjunction with the business engaged in by such person.	104064

(L) "Casual sale" means a sale of an item of tangible	104065
personal property that was obtained by the person making the sale,	104066
through purchase or otherwise, for the person's own use and was	104067
previously subject to any state's taxing jurisdiction on its sale	104068
or use, and includes such items acquired for the seller's use that	104069
are sold by an auctioneer employed directly by the person for such	104070
purpose, provided the location of such sales is not the	104071
auctioneer's permanent place of business. As used in this	104072
division, "permanent place of business" includes any location	104073
where such auctioneer has conducted more than two auctions during	104074
the year.	104075

(M) "Hotel" means every establishment kept, used, maintained,	104076
advertised, or held out to the public to be a place where sleeping	104077
accommodations are offered to guests, in which five or more rooms	104078
are used for the accommodation of such guests, whether the rooms	104079
are in one or several structures, except as otherwise provided in	104080
division (G) of section 5739.09 of the Revised Code.	104081

(N) "Transient guests" means persons occupying a room or	104082
rooms for sleeping accommodations for less than thirty consecutive	104083
days.	104084

(O) "Making retail sales" means the effecting of transactions	104085
wherein one party is obligated to pay the price and the other	104086
party is obligated to provide a service or to transfer title to or	104087
possession of the item sold. "Making retail sales" does not	104088
include the preliminary acts of promoting or soliciting the retail	104089
sales, other than the distribution of printed matter which	104090
displays or describes and prices the item offered for sale, nor	104091
does it include delivery of a predetermined quantity of tangible	104092
personal property or transportation of property or personnel to or	104093
from a place where a service is performed.	104094

(P) "Used directly in the rendition of a public utility	104095
service" means that property that is to be incorporated into and	104096
will become a part of the consumer's production, transmission,	104097
transportation, or distribution system and that retains its	104098
classification as tangible personal property after such	104099
incorporation; fuel or power used in the production, transmission,	104100
transportation, or distribution system; and tangible personal	104101
property used in the repair and maintenance of the production,	104102
transmission, transportation, or distribution system, including	104103
only such motor vehicles as are specially designed and equipped	104104
for such use. Tangible personal property and services used	104105
primarily in providing highway transportation for hire are not	104106
used directly in the rendition of a public utility service. In	104107
this definition, "public utility" includes a citizen of the United	104108
States holding, and required to hold, a certificate of public	104109
convenience and necessity issued under 49 U.S.C. 41102.	104110

(Q) "Refining" means removing or separating a desirable	104111
product from raw or contaminated materials by distillation or	104112
physical, mechanical, or chemical processes.	104113

(R) "Assembly" and "assembling" mean attaching or fitting	104114
together parts to form a product, but do not include packaging a	104115
product.	104116

(S) "Manufacturing operation" means a process in which	104117
materials are changed, converted, or transformed into a different	104118
state or form from which they previously existed and includes	104119
refining materials, assembling parts, and preparing raw materials	104120
and parts by mixing, measuring, blending, or otherwise committing	104121
such materials or parts to the manufacturing process.	104122
"Manufacturing operation" does not include packaging.	104123

(T) "Fiscal officer" means, with respect to a regional	104124
transit authority, the secretary-treasurer thereof, and with	104125
respect to a county that is a transit authority, the fiscal	104126
officer of the county transit board if one is appointed pursuant	104127
to section 306.03 of the Revised Code or the county auditor if the	104128
board of county commissioners operates the county transit system.	104129

(U) "Transit authority" means a regional transit authority	104130
created pursuant to section 306.31 of the Revised Code or a county	104131
in which a county transit system is created pursuant to section	104132
306.01 of the Revised Code. For the purposes of this chapter, a	104133
transit authority must extend to at least the entire area of a	104134
single county. A transit authority that includes territory in more	104135
than one county must include all the area of the most populous	104136
county that is a part of such transit authority. County population	104137
shall be measured by the most recent census taken by the United	104138
States census bureau.	104139

(V) "Legislative authority" means, with respect to a regional	104140
transit authority, the board of trustees thereof, and with respect	104141
to a county that is a transit authority, the board of county	104142
commissioners.	104143

(W) "Territory of the transit authority" means all of the	104144
area included within the territorial boundaries of a transit	104145
authority as they from time to time exist. Such territorial	104146
boundaries must at all times include all the area of a single	104147
county or all the area of the most populous county that is a part	104148
of such transit authority. County population shall be measured by	104149
the most recent census taken by the United States census bureau.	104150

(X) "~~Providing a service~~Service" means ~~providing or~~	104151
~~furnishing anything described in division (B)(3) of this section~~	104152
~~for consideration.~~	104153

~~(Y)(1)(a) "Automatic data processing" means processing of~~	104154
~~others' data, including keypunching or similar data entry services~~	104155
~~together with verification thereof, or providing access to~~	104156
~~computer equipment for the purpose of processing data.~~	104157

~~(b) "Computer services" means providing services consisting~~	104158
~~of specifying computer hardware configurations and evaluating~~	104159
~~technical processing characteristics, computer programming, and~~	104160
~~training of computer programmers and operators, provided in~~	104161
~~conjunction with and to support the sale, lease, or operation of~~	104162
~~taxable computer equipment or systems.~~	104163

~~(c) "Electronic information services" means providing access~~	104164
~~to computer equipment by means of telecommunications equipment for~~	104165
~~the purpose of either of the following:~~	104166

~~(i) Examining or acquiring data stored in or accessible to~~	104167
~~the computer equipment;~~	104168

~~(ii) Placing data into the computer equipment to be retrieved~~	104169
~~by designated recipients with access to the computer equipment.~~	104170

~~For transactions occurring on or after the effective date of~~	104171
~~the amendment of this section by H.B. 157 of the 127th general~~	104172
~~assembly, December 21, 2007, "electronic information services"~~	104173
~~does not include electronic publishing as defined in division~~	104174
~~(LLL) of this section.~~	104175

~~(d) "Automatic data processing, computer services, or~~	104176
~~electronic information services" shall not include personal or~~	104177
~~professional services.~~	104178

~~(2) As used in divisions (B)(3)(e) and (Y)(1) of this~~	104179
~~section, "personal and professional services" means all services~~	104180
~~other than automatic data processing, computer services, or~~	104181
~~electronic information services, including but not limited to:~~	104182

~~(a) Accounting and legal services such as advice on tax~~	104183
~~matters, asset management, budgetary matters, quality control,~~	104184
~~information security, and auditing and any other situation where~~	104185
~~the service provider receives data or information and studies,~~	104186
~~alters, analyzes, interprets, or adjusts such material;~~	104187

~~(b) Analyzing business policies and procedures;~~

104188

~~(c) Identifying management information needs;~~

104189

~~(d) Feasibility studies, including economic and technical~~	104190
~~analysis of existing or potential computer hardware or software~~	104191
~~needs and alternatives;~~	104192

~~(e) Designing policies, procedures, and custom software for~~	104193
~~collecting business information, and determining how data should~~	104194
~~be summarized, sequenced, formatted, processed, controlled, and~~	104195
~~reported so that it will be meaningful to management;~~	104196

~~(f) Developing policies and procedures that document how~~	104197
~~business events and transactions are to be authorized, executed,~~	104198
~~and controlled;~~	104199

~~(g) Testing of business procedures;~~

104200

~~(h) Training personnel in business procedure applications;~~

104201

~~(i) Providing credit information to users of such information~~	104202
~~by a consumer reporting agency, as defined in the "Fair Credit~~	104203
~~Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or~~	104204
~~as hereafter amended, including but not limited to gathering,~~	104205
~~organizing, analyzing, recording, and furnishing such information~~	104206
~~by any oral, written, graphic, or electronic medium;~~	104207

~~(j) Providing debt collection services by any oral, written,~~	104208
~~graphic, or electronic means.~~	104209

~~The services listed in divisions (Y)(2)(a) to (j) of this~~	104210
~~section are not automatic data processing or computer services.~~	104211

~~(Z)~~an act performed for another person for a fee, retainer,	104212
commission, or other consideration, including any fee or other	104213
amount charged for access to a physical fitness facility or	104214
recreation and sports club. "Service" does not include any of the	104215
following:	104216

(1) Medical and health care services;

104217

(2) Educational services and tutoring services;

104218

(3) Real property construction services;

104219

(4) The lease or rental of a house, apartment, condominium,	104220
mobile home, or similar dwelling to a person, provided that the	104221
person occupies the dwelling for thirty or more consecutive days	104222
and that the dwelling is the person's primary residence;	104223

(5) Transactions by which a consumer obtains insurance;

104224

(6) Adult and child day care services;

104225

(7) Social assistance services;

104226

(8) Services used directly in producing tangible personal	104227
property by mining.	104228

(9) Residential trash pick-up and disposal. As used in	104229
division (X)(9) of this section, "residential" means property	104230
improved with single-family, two-family, or three-family	104231
dwellings.	104232

(10) Services rendered for an employer by the employer's	104233
employees within the employment relationship.	104234

(11) Funeral services described in section 4717.01 of the	104235
Revised Code except to the extent that a sale of tangible personal	104236
property or services by the provider of services described in that	104237
section is a retail sale subject to the tax levied by section	104238
5739.02 of the Revised Code under another division of this section	104239
and is not exempted under division (B) of section 5739.02 of the	104240
Revised Code. Division (X)(11) of this section does not affect the	104241
liability of a provider of funeral services for tax imposed under	104242
this chapter or Chapter 5741. of the Revised Code on the provider	104243
as a consumer of tangible personal property or services.	104244

(Y) "Highway transportation for hire" means the	104245
transportation of personal property belonging to others for	104246
consideration by any of the following:	104247

(1) The holder of a permit or certificate issued by this	104248
state or the United States authorizing the holder to engage in	104249
transportation of personal property belonging to others for	104250
consideration over or on highways, roadways, streets, or any	104251
similar public thoroughfare;	104252

(2) A person who engages in the transportation of personal	104253
property belonging to others for consideration over or on	104254
highways, roadways, streets, or any similar public thoroughfare	104255
but who could not have engaged in such transportation on December	104256
11, 1985, unless the person was the holder of a permit or	104257
certificate of the types described in division ~~(Z)~~(Y)(1) of this	104258
section;	104259

(3) A person who leases a motor vehicle to and operates it	104260
for a person described by division ~~(Z)~~(Y)(1) or (2) of this	104261
section.	104262

~~(AA)~~(Z)(1) "Telecommunications service" means the electronic	104263
transmission, conveyance, or routing of voice, data, audio, video,	104264
or any other information or signals to a point, or between or	104265
among points. "Telecommunications service" includes such	104266
transmission, conveyance, or routing in which computer processing	104267
applications are used to act on the form, code, or protocol of the	104268
content for purposes of transmission, conveyance, or routing	104269
without regard to whether the service is referred to as voice-over	104270
internet protocol service or is classified by the federal	104271
communications commission as enhanced or value-added.	104272
"Telecommunications service" does not include any of the	104273
following:	104274

(a) Data processing and information services that allow data	104275
to be generated, acquired, stored, processed, or retrieved and	104276
delivered by an electronic transmission to a consumer where the	104277
consumer's primary purpose for the underlying transaction is the	104278
processed data or information;	104279

(b) Installation or maintenance of wiring or equipment on a	104280
customer's premises;	104281

104282

(d) Advertising, including directory advertising;

104283

(e) Billing and collection services provided to third	104284
parties;	104285

(f) Internet access service;

104286

(g) Radio and television audio and video programming	104287
services, regardless of the medium, including the furnishing of	104288
transmission, conveyance, and routing of such services by the	104289
programming service provider. Radio and television audio and video	104290
programming services include, but are not limited to, cable	104291
service, as defined in 47 U.S.C. 522(6), and audio and video	104292
programming services delivered by commercial mobile radio service	104293
providers, as defined in 47 C.F.R. 20.3;	104294

(h) Ancillary service;

104295

(i) Digital products delivered electronically, including	104296
software, music, video, reading materials, or ring tones.	104297

(2) "Ancillary service" means a service that is associated	104298
with or incidental to the provision of telecommunications service,	104299
including conference bridging service, detailed telecommunications	104300
billing service, directory assistance, vertical service, and voice	104301
mail service. As used in this division:	104302

(a) "Conference bridging service" means an ancillary service	104303
that links two or more participants of an audio or video	104304
conference call, including providing a telephone number.	104305
"Conference bridging service" does not include telecommunications	104306
services used to reach the conference bridge.	104307

(b) "Detailed telecommunications billing service" means an	104308
ancillary service of separately stating information pertaining to	104309
individual calls on a customer's billing statement.	104310

(c) "Directory assistance" means an ancillary service of	104311
providing telephone number or address information.	104312

(d) "Vertical service" means an ancillary service that is	104313
offered in connection with one or more telecommunications	104314
services, which offers advanced calling features that allow	104315
customers to identify callers and manage multiple calls and call	104316
connections, including conference bridging service.	104317

(e) "Voice mail service" means an ancillary service that	104318
enables the customer to store, send, or receive recorded messages.	104319
"Voice mail service" does not include any vertical services that	104320
the customer may be required to have in order to utilize the voice	104321
mail service.	104322

(3) "900 service" means an inbound toll telecommunications	104323
service purchased by a subscriber that allows the subscriber's	104324
customers to call in to the subscriber's prerecorded announcement	104325
or live service, and which is typically marketed under the name	104326
"900" service" and any subsequent numbers designated by the	104327
federal communications commission. "900 service" does not include	104328
the charge for collection services provided by the seller of the	104329
telecommunications service to the subscriber, or services or	104330
products sold by the subscriber to the subscriber's customer.	104331

(4) "Prepaid calling service" means the right to access	104332
exclusively telecommunications services, which must be paid for in	104333
advance and which enables the origination of calls using an access	104334
number or authorization code, whether manually or electronically	104335
dialed, and that is sold in predetermined units or dollars of	104336
which the number declines with use in a known amount.	104337

(5) "Prepaid wireless calling service" means a	104338
telecommunications service that provides the right to utilize	104339
mobile telecommunications service as well as other	104340
non-telecommunications services, including the download of digital	104341
products delivered electronically, and content and ancillary	104342
services, that must be paid for in advance and that is sold in	104343
predetermined units or dollars of which the number declines with	104344
use in a known amount.	104345

(6) "Value-added non-voice data service" means a	104346
telecommunications service in which computer processing	104347
applications are used to act on the form, content, code, or	104348
protocol of the information or data primarily for a purpose other	104349
than transmission, conveyance, or routing.	104350

(7) "Coin-operated telephone service" means a	104351
telecommunications service paid for by inserting money into a	104352
telephone accepting direct deposits of money to operate.	104353

(8) "Customer" has the same meaning as in section 5739.034 of	104354
the Revised Code.	104355

~~(BB)~~(AA) "Laundry and dry cleaning services" means removing	104356
soil or dirt from towels, linens, articles of clothing, or other	104357
fabric items that belong to others and supplying towels, linens,	104358
articles of clothing, or other fabric items. "Laundry and dry	104359
cleaning services" does not include the provision of self-service	104360
facilities for use by consumers to remove soil or dirt from	104361
towels, linens, articles of clothing, or other fabric items.	104362

~~(CC)~~(BB) "Magazines distributed as controlled circulation	104363
publications" means magazines containing at least twenty-four	104364
pages, at least twenty-five per cent editorial content, issued at	104365
regular intervals four or more times a year, and circulated	104366
without charge to the recipient, provided that such magazines are	104367
not owned or controlled by individuals or business concerns which	104368
conduct such publications as an auxiliary to, and essentially for	104369
the advancement of the main business or calling of, those who own	104370
or control them.	104371

~~(DD)~~(CC) "Landscaping and lawn care service" means the	104372
services of planting, seeding, sodding, removing, cutting,	104373
trimming, pruning, mulching, aerating, applying chemicals,	104374
watering, fertilizing, and providing similar services to	104375
establish, promote, or control the growth of trees, shrubs,	104376
flowers, grass, ground cover, and other flora, or otherwise	104377
maintaining a lawn or landscape grown or maintained by the owner	104378
for ornamentation or other nonagricultural purpose. However,	104379
"landscaping and lawn care service" does not include the providing	104380
of such services by a person who has less than five thousand	104381
dollars in sales of such services during the calendar year.	104382

~~(EE) "Private investigation and security service" means the~~	104383
~~performance of any activity for which the provider of such service~~	104384
~~is required to be licensed pursuant to Chapter 4749. of the~~	104385
~~Revised Code, or would be required to be so licensed in performing~~	104386
~~such services in this state, and also includes the services of~~	104387
~~conducting polygraph examinations and of monitoring or overseeing~~	104388
~~the activities on or in, or the condition of, the consumer's home,~~	104389
~~business, or other facility by means of electronic or similar~~	104390
~~monitoring devices. "Private investigation and security service"~~	104391
~~does not include special duty services provided by off-duty police~~	104392
~~officers, deputy sheriffs, and other peace officers regularly~~	104393
~~employed by the state or a political subdivision.~~	104394

~~(FF) "Information services" means providing conversation,~~	104395
~~giving consultation or advice, playing or making a voice or other~~	104396
~~recording, making or keeping a record of the number of callers,~~	104397
~~and any other service provided to a consumer by means of a nine~~	104398
~~hundred telephone call, except when the nine hundred telephone~~	104399
~~call is the means by which the consumer makes a contribution to a~~	104400
~~recognized charity.~~	104401

~~(GG)~~(DD) "Research and development" means designing,	104402
creating, or formulating new or enhanced products, equipment, or	104403
manufacturing processes, and also means conducting scientific or	104404
technological inquiry and experimentation in the physical sciences	104405
with the goal of increasing scientific knowledge which may reveal	104406
the bases for new or enhanced products, equipment, or	104407
manufacturing processes.	104408

~~(HH)~~(EE) "Qualified research and development equipment" means	104409
capitalized tangible personal property, and leased personal	104410
property that would be capitalized if purchased, used by a person	104411
primarily to perform research and development. Tangible personal	104412
property primarily used in testing, as defined in division (A)(4)	104413
of section 5739.011 of the Revised Code, or used for recording or	104414
storing test results, is not qualified research and development	104415
equipment unless such property is primarily used by the consumer	104416
in testing the product, equipment, or manufacturing process being	104417
created, designed, or formulated by the consumer in the research	104418
and development activity or in recording or storing such test	104419
results.	104420

~~(II) "Building maintenance and janitorial service" means~~	104421
~~cleaning the interior or exterior of a building and any tangible~~	104422
~~personal property located therein or thereon, including any~~	104423
~~services incidental to such cleaning for which no separate charge~~	104424
~~is made. However, "building maintenance and janitorial service"~~	104425
~~does not include the providing of such service by a person who has~~	104426
~~less than five thousand dollars in sales of such service during~~	104427
~~the calendar year.~~	104428

~~(JJ) "Employment service" means providing or supplying~~	104429
~~personnel, on a temporary or long-term basis, to perform work or~~	104430
~~labor under the supervision or control of another, when the~~	104431
~~personnel so provided or supplied receive their wages, salary, or~~	104432
~~other compensation from the provider or supplier of the employment~~	104433
~~service or from a third party that provided or supplied the~~	104434
~~personnel to the provider or supplier. "Employment service" does~~	104435
~~not include:~~	104436

~~(1) Acting as a contractor or subcontractor, where the~~	104437
~~personnel performing the work are not under the direct control of~~	104438
~~the purchaser.~~	104439

~~(2) Medical and health care services.~~

104440

~~(3) Supplying personnel to a purchaser pursuant to a contract~~	104441
~~of at least one year between the service provider and the~~	104442
~~purchaser that specifies that each employee covered under the~~	104443
~~contract is assigned to the purchaser on a permanent basis.~~	104444

~~(4) Transactions between members of an affiliated group, as~~	104445
~~defined in division (B)(3)(e) of this section.~~	104446

~~(5) Transactions where the personnel so provided or supplied~~	104447
~~by a provider or supplier to a purchaser of an employment service~~	104448
~~are then provided or supplied by that purchaser to a third party~~	104449
~~as an employment service, except "employment service" does include~~	104450
~~the transaction between that purchaser and the third party.~~	104451

~~(KK) "Employment placement service" means locating or finding~~	104452
~~employment for a person or finding or locating an employee to fill~~	104453
~~an available position.~~	104454

~~(LL) "Exterminating service" means eradicating or attempting~~	104455
~~to eradicate vermin infestations from a building or structure, or~~	104456
~~the area surrounding a building or structure, and includes~~	104457
~~activities to inspect, detect, or prevent vermin infestation of a~~	104458
~~building or structure.~~	104459

~~(MM)~~(FF) "Physical fitness facility service" means all	104460
transactions by which a membership is granted, maintained, or	104461
renewed, including initiation fees, membership dues, renewal fees,	104462
monthly minimum fees, and other similar fees and dues, by a	104463
physical fitness facility such as an athletic club, health spa, or	104464
gymnasium, which entitles the member to use the facility for	104465
physical exercise.	104466

~~(NN)~~(GG) "Recreation and sports club service" means all	104467
transactions by which a membership is granted, maintained, or	104468
renewed, including initiation fees, membership dues, renewal fees,	104469
monthly minimum fees, and other similar fees and dues, by a	104470
recreation and sports club, which entitles the member to use the	104471
facilities of the organization. "Recreation and sports club" means	104472
an organization that has ownership of, or controls or leases on a	104473
continuing, long-term basis, the facilities used by its members	104474
and includes an aviation club, gun or shooting club, yacht club,	104475
card club, swimming club, tennis club, golf club, country club,	104476
riding club, amateur sports club, or similar organization.	104477

~~(OO)~~(HH) "Livestock" means farm animals commonly raised for	104478
food, food production, or other agricultural purposes, including,	104479
but not limited to, cattle, sheep, goats, swine, poultry, and	104480
captive deer. "Livestock" does not include invertebrates,	104481
amphibians, reptiles, domestic pets, animals for use in	104482
laboratories or for exhibition, or other animals not commonly	104483
raised for food or food production.	104484

~~(PP)~~(II) "Livestock structure" means a building or structure	104485
used exclusively for the housing, raising, feeding, or sheltering	104486
of livestock, and includes feed storage or handling structures and	104487
structures for livestock waste handling.	104488

~~(QQ)~~(JJ) "Horticulture" means the growing, cultivation, and	104489
production of flowers, fruits, herbs, vegetables, sod, and	104490
mushrooms, and nursery stock~~. As used in this division, "nursery~~	104491
~~stock" has the same meaning~~ as defined in section 927.51 of the	104492
Revised Code.	104493

~~(RR)~~(KK) "Horticulture structure" means a building or	104494
structure used exclusively for the commercial growing, raising, or	104495
overwintering of horticultural products, and includes the area	104496
used for stocking, storing, and packing horticultural products	104497
when done in conjunction with the production of those products.	104498

~~(SS)~~(LL) "Newspaper" means an unbound publication bearing a	104499
title or name that is regularly published, at least as frequently	104500
as biweekly, and distributed from a fixed place of business to the	104501
public in a specific geographic area, and that contains a	104502
substantial amount of news matter of international, national, or	104503
local events of interest to the general public.	104504

~~(TT)~~(MM) "Professional racing team" means a person that	104505
employs at least twenty full-time employees for the purpose of	104506
conducting a motor vehicle racing business for profit. The person	104507
must conduct the business with the purpose of racing one or more	104508
motor racing vehicles in at least ten competitive professional	104509
racing events each year that comprise all or part of a motor	104510
racing series sanctioned by one or more motor racing sanctioning	104511
organizations. A "motor racing vehicle" means a vehicle for which	104512
the chassis, engine, and parts are designed exclusively for motor	104513
racing, and does not include a stock or production model vehicle	104514
that may be modified for use in racing. For the purposes of this	104515
division:	104516

(1) A "competitive professional racing event" is a motor	104517
vehicle racing event sanctioned by one or more motor racing	104518
sanctioning organizations, at which aggregate cash prizes in	104519
excess of eight hundred thousand dollars are awarded to the	104520
competitors.	104521

(2) "Full-time employee" means an individual who is employed	104522
for consideration for thirty-five or more hours a week, or who	104523
renders any other standard of service generally accepted by custom	104524
or specified by contract as full-time employment.	104525

~~(UU)~~(NN)(1) "Lease" or "rental" means any transfer of the	104526
possession or control of tangible personal property for a fixed or	104527
indefinite term, for consideration. "Lease" or "rental" includes	104528
future options to purchase or extend, and agreements described in	104529
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	104530
the amount of consideration may be increased or decreased by	104531
reference to the amount realized upon the sale or disposition of	104532
the property. "Lease" or "rental" does not include:	104533

(a) A transfer of possession or control of tangible personal	104534
property under a security agreement or a deferred payment plan	104535
that requires the transfer of title upon completion of the	104536
required payments;	104537

(b) A transfer of possession or control of tangible personal	104538
property under an agreement that requires the transfer of title	104539
upon completion of required payments and payment of an option	104540
price that does not exceed the greater of one hundred dollars or	104541
one per cent of the total required payments;	104542

(c) Providing tangible personal property along with an	104543
operator for a fixed or indefinite period of time, if the operator	104544
is necessary for the property to perform as designed. For purposes	104545
of this division, the operator must do more than maintain,	104546
inspect, or set-up the tangible personal property.	104547

(2) ~~"Lease" and "rental," as defined in division (UU) of this~~	104548
~~section, shall not apply to leases or rentals that exist before~~	104549
~~June 26, 2003.~~	104550

~~(3)~~ "Lease" and "rental" have the same meaning as in division	104551
~~(UU)~~(NN)(1) of this section regardless of whether a transaction is	104552
characterized as a lease or rental under generally accepted	104553
accounting principles, the Internal Revenue Code, Title XIII of	104554
the Revised Code, or other federal, state, or local laws.	104555

~~(VV)~~(OO) "Mobile telecommunications service" has the same	104556
meaning as in the "Mobile Telecommunications Sourcing Act," Pub.	104557
L. No. 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as	104558
amended, and, on and after August 1, 2003, includes related fees	104559
and ancillary services, including universal service fees, detailed	104560
billing service, directory assistance, service initiation, voice	104561
mail service, and vertical services, such as caller ID and	104562
three-way calling.	104563

~~(WW)~~(PP) "Certified service provider" has the same meaning as	104564
in section 5740.01 of the Revised Code.	104565

~~(XX)~~(QQ) "Satellite broadcasting service" means the	104566
distribution or broadcasting of programming or services by	104567
satellite directly to the subscriber's receiving equipment without	104568
the use of ground receiving or distribution equipment, except the	104569
subscriber's receiving equipment or equipment used in the uplink	104570
process to the satellite, and includes all service and rental	104571
charges, premium channels or other special services, installation	104572
and repair service charges, and any other charges having any	104573
connection with the provision of the satellite broadcasting	104574
service.	104575

~~(YY)~~(RR) "Tangible personal property" means personal property	104576
that can be seen, weighed, measured, felt, or touched, or that is	104577
in any other manner perceptible to the senses. For purposes of	104578
this chapter and Chapter 5741. of the Revised Code, "tangible	104579
personal property" includes motor vehicles, electricity, water,	104580
gas, steam, and prewritten computer software.	104581

~~(ZZ)~~(SS) "Direct mail" means printed material delivered or	104582
distributed by United States mail or other delivery service to a	104583
mass audience or to addressees on a mailing list provided by the	104584
consumer or at the direction of the consumer when the cost of the	104585
items are not billed directly to the recipients. "Direct mail"	104586
includes tangible personal property supplied directly or	104587
indirectly by the consumer to the direct mail vendor for inclusion	104588
in the package containing the printed material. "Direct mail" does	104589
not include multiple items of printed material delivered to a	104590
single address.	104591

~~(AAA)~~(TT) "Computer" means an electronic device that accepts	104592
information in digital or similar form and manipulates it for a	104593
result based on a sequence of instructions.	104594

~~(BBB)~~(UU) "Computer software" means a set of coded	104595
instructions designed to cause a computer or automatic data	104596
processing equipment to perform a task.	104597

~~(CCC)~~(VV) "Delivered electronically" means delivery of	104598
computer software from the seller to the purchaser by means other	104599
than tangible storage media.	104600

~~(DDD)~~(WW) "Prewritten computer software" means computer	104601
software, including prewritten upgrades, that is not designed and	104602
developed by the author or other creator to the specifications of	104603
a specific purchaser. The combining of two or more prewritten	104604
computer software programs or prewritten portions thereof does not	104605
cause the combination to be other than prewritten computer	104606
software. "Prewritten computer software" includes software	104607
designed and developed by the author or other creator to the	104608
specifications of a specific purchaser when it is sold to a person	104609
other than the purchaser. If a person modifies or enhances	104610
computer software of which the person is not the author or	104611
creator, the person shall be deemed to be the author or creator	104612
only of such person's modifications or enhancements. Prewritten	104613
computer software or a prewritten portion thereof that is modified	104614
or enhanced to any degree, where such modification or enhancement	104615
is designed and developed to the specifications of a specific	104616
purchaser, remains prewritten computer software; provided,	104617
however, that where there is a reasonable, separately stated	104618
charge or an invoice or other statement of the price given to the	104619
purchaser for the modification or enhancement, the modification or	104620
enhancement shall not constitute prewritten computer software.	104621

~~(EEE)~~(XX)(1) "Food" means substances, whether in liquid,	104622
concentrated, solid, frozen, dried, or dehydrated form, that are	104623
sold for ingestion or chewing by humans and are consumed for their	104624
taste or nutritional value. "Food" does not include alcoholic	104625
beverages, dietary supplements, soft drinks, or tobacco.	104626

(2) As used in division ~~(EEE)~~(XX)(1) of this section:

104627

(a) "Alcoholic beverages" means beverages that are suitable	104628
for human consumption and contain one-half of one per cent or more	104629
of alcohol by volume.	104630

(b) "Dietary supplements" means any product, other than	104631
tobacco, that is intended to supplement the diet and that is	104632
intended for ingestion in tablet, capsule, powder, softgel,	104633
gelcap, or liquid form, or, if not intended for ingestion in such	104634
a form, is not represented as conventional food for use as a sole	104635
item of a meal or of the diet; that is required to be labeled as a	104636
dietary supplement, identifiable by the "supplement facts" box	104637
found on the label, as required by 21 C.F.R. 101.36; and that	104638
contains one or more of the following dietary ingredients:	104639

(i) A vitamin;

104640

(ii) A mineral;

104641

(iii) An herb or other botanical;

104642

(iv) An amino acid;

104643

(v) A dietary substance for use by humans to supplement the	104644
diet by increasing the total dietary intake;	104645

(vi) A concentrate, metabolite, constituent, extract, or	104646
combination of any ingredient described in divisions	104647
~~(EEE)~~(XX)(2)(b)(i) to (v) of this section.	104648

(c) "Soft drinks" means nonalcoholic beverages that contain	104649
natural or artificial sweeteners. "Soft drinks" does not include	104650
beverages that contain milk or milk products, soy, rice, or	104651
similar milk substitutes, or that contains greater than fifty per	104652
cent vegetable or fruit juice by volume.	104653

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	104654
tobacco, or any other item that contains tobacco.	104655

~~(FFF)~~(YY) "Drug" means a compound, substance, or preparation,	104656
and any component of a compound, substance, or preparation, other	104657
than food, dietary supplements, or alcoholic beverages that is	104658
recognized in the official United States pharmacopoeia, official	104659
homeopathic pharmacopoeia of the United States, or official	104660
national formulary, and supplements to them; is intended for use	104661
in the diagnosis, cure, mitigation, treatment, or prevention of	104662
disease; or is intended to affect the structure or any function of	104663
the body.	104664

~~(GGG)~~(ZZ) "Prescription" means an order, formula, or recipe	104665
issued in any form of oral, written, electronic, or other means of	104666
transmission by a duly licensed practitioner authorized by the	104667
laws of this state to issue a prescription.	104668

~~(HHH)~~(AAA) "Durable medical equipment" means equipment,	104669
including repair and replacement parts for such equipment, that	104670
can withstand repeated use, is primarily and customarily used to	104671
serve a medical purpose, generally is not useful to a person in	104672
the absence of illness or injury, and is not worn in or on the	104673
body. "Durable medical equipment" does not include mobility	104674
enhancing equipment.	104675

~~(III)~~(BBB) "Mobility enhancing equipment" means equipment,	104676
including repair and replacement parts for such equipment, that is	104677
primarily and customarily used to provide or increase the ability	104678
to move from one place to another and is appropriate for use	104679
either in a home or a motor vehicle, that is not generally used by	104680
persons with normal mobility, and that does not include any motor	104681
vehicle or equipment on a motor vehicle normally provided by a	104682
motor vehicle manufacturer. "Mobility enhancing equipment" does	104683
not include durable medical equipment.	104684

~~(JJJ)~~(CCC) "Prosthetic device" means a replacement,	104685
corrective, or supportive device, including repair and replacement	104686
parts for the device, worn on or in the human body to artificially	104687
replace a missing portion of the body, prevent or correct physical	104688
deformity or malfunction, or support a weak or deformed portion of	104689
the body. As used in this division, "prosthetic device" does not	104690
include corrective eyeglasses, contact lenses, or dental	104691
prosthesis.	104692

~~(KKK)~~(DDD)(1) "Fractional aircraft ownership program" means a	104693
program in which persons within an affiliated group sell and	104694
manage fractional ownership program aircraft, provided that at	104695
least one hundred airworthy aircraft are operated in the program	104696
and the program meets all of the following criteria:	104697

(a) Management services are provided by at least one program	104698
manager within an affiliated group on behalf of the fractional	104699
owners.	104700

(b) Each program aircraft is owned or possessed by at least	104701
one fractional owner.	104702

(c) Each fractional owner owns or possesses at least a	104703
one-sixteenth interest in at least one fixed-wing program	104704
aircraft.	104705

(d) A dry-lease aircraft interchange arrangement is in effect	104706
among all of the fractional owners.	104707

(e) Multi-year program agreements are in effect regarding the	104708
fractional ownership, management services, and dry-lease aircraft	104709
interchange arrangement aspects of the program.	104710

(2) As used in division ~~(KKK)~~(DDD)(1) of this section:

104711

(a) "Affiliated group" ~~has the same meaning as in division~~	104712
~~(B)(3)(e) of this section~~means two or more persons related in	104713
such a way that one person owns or controls the business operation	104714
of another member of the group. In the case of corporations with	104715
stock, one corporation owns or controls another if it owns more	104716
than fifty per cent of the other corporation's common stock with	104717
voting rights.	104718

(b) "Fractional owner" means a person that owns or possesses	104719
at least a one-sixteenth interest in a program aircraft and has	104720
entered into the agreements described in division ~~(KKK)~~(DDD)(1)(e)	104721
of this section.	104722

(c) "Fractional ownership program aircraft" or "program	104723
aircraft" means a turbojet aircraft that is owned or possessed by	104724
a fractional owner and that has been included in a dry-lease	104725
aircraft interchange arrangement and agreement under divisions	104726
~~(KKK)~~(DDD)(1)(d) and (e) of this section, or an aircraft a program	104727
manager owns or possesses primarily for use in a fractional	104728
aircraft ownership program.	104729

(d) "Management services" means administrative and aviation	104730
support services furnished under a fractional aircraft ownership	104731
program in accordance with a management services agreement under	104732
division ~~(KKK)~~(DDD)(1)(e) of this section, and offered by the	104733
program manager to the fractional owners, including, at a minimum,	104734
the establishment and implementation of safety guidelines; the	104735
coordination of the scheduling of the program aircraft and crews;	104736
program aircraft maintenance; program aircraft insurance; crew	104737
training for crews employed, furnished, or contracted by the	104738
program manager or the fractional owner; the satisfaction of	104739
record-keeping requirements; and the development and use of an	104740
operations manual and a maintenance manual for the fractional	104741
aircraft ownership program.	104742

(e) "Program manager" means the person that offers management	104743
services to fractional owners pursuant to a management services	104744
agreement under division ~~(KKK)~~(DDD)(1)(e) of this section.	104745

~~(LLL)~~(EEE) "Electronic publishing" means providing access to	104746
one or more of the following primarily for business customers,	104747
including the federal government or a state government or a	104748
political subdivision thereof, to conduct research: news;	104749
business, financial, legal, consumer, or credit materials;	104750
editorials, columns, reader commentary, or features; photos or	104751
images; archival or research material; legal notices, identity	104752
verification, or public records; scientific, educational,	104753
instructional, technical, professional, trade, or other literary	104754
materials; or other similar information which has been gathered	104755
and made available by the provider to the consumer in an	104756
electronic format. Providing electronic publishing includes the	104757
functions necessary for the acquisition, formatting, editing,	104758
storage, and dissemination of data or information that is the	104759
subject of a sale.	104760

~~(MMM)~~(FFF) "Medicaid health insuring corporation" means a	104761
health insuring corporation that holds a certificate of authority	104762
under Chapter 1751. of the Revised Code and is under contract with	104763
the department of ~~job and family services~~medicaid pursuant to	104764
section ~~5111.17~~5167.10 of the Revised Code.	104765

~~(NNN)~~(GGG) "Managed care premium" means any premium,	104766
capitation, or other payment a medicaid health insuring	104767
corporation receives for providing or arranging for the provision	104768
of health care services to its members or enrollees residing in	104769
this state.	104770

~~(OOO)~~(HHH) "Captive deer" means deer and other cervidae that	104771
have been legally acquired, or their offspring, that are privately	104772
owned for agricultural or farming purposes.	104773

~~(PPP)~~(III) "Gift card" means a document, card, certificate,	104774
or other record, whether tangible or intangible, that may be	104775
redeemed by a consumer for a dollar value when making a purchase	104776
of tangible personal property or services.	104777

(JJJ) "Specified digital product" means an electronically	104778
transferred digital audiovisual work, digital audio work, or	104779
digital book.	104780

As used in division (JJJ) of this section:

104781

(1) "Digital audiovisual work" means a series of related	104782
images that, when shown in succession, impart an impression of	104783
motion, together with accompanying sounds, if any.	104784

(2) "Digital audio work" means a work that results from the	104785
fixation of a series of musical, spoken, or other sounds,	104786
including digitized sound files that are downloaded onto a device	104787
and that may be used to alert the customer with respect to a	104788
communication.	104789

(3) "Digital book" means a work that is generally recognized	104790
in the ordinary and usual sense as a book.	104791

(4) "Electronically transferred" means obtained by the	104792
purchaser by means other than tangible storage media.	104793

(KKK) "Insurance company" means every corporation,	104794
association, and society engaged in the business of insurance of	104795
any character, or engaged in the business of entering into	104796
contracts substantially amounting to insurance of any character,	104797
or of indemnifying or guaranteeing against loss or damage, or	104798
acting as surety on bonds or undertakings. "Insurance company"	104799
also includes any health insuring corporation as defined in	104800
section 1751.01 of the Revised Code.	104801

(LLL) "Insurance" includes, but is not limited to, life	104802
insurance, credit life insurance, credit accident and health	104803
insurance, sickness and accident insurance, health insurance,	104804
casualty insurance, motor vehicle insurance, and property	104805
insurance.	104806

(MMM) "Medical and health care services" means services	104807
provided to an individual by a professionally trained and licensed	104808
medical practitioner or other provider who plays an active role in	104809
the diagnosis, treatment, or care of patients. "Medical and health	104810
care services" includes services provided in a hospital, clinic,	104811
doctor or dentist office, laboratory, or any other location where	104812
patient care is provided. "Medical and health care services"	104813
includes the provision of drugs by a pharmacist, patient care by	104814
nursing home staff, and in-home care or companionship by a	104815
provider engaged to sustain the health and well-being of	104816
individuals with diminished physical or mental capacity.	104817

(NNN) "Social assistance services" means welfare activities	104818
organized by a private individual or entity for the purpose of	104819
improving the well-being or quality of life of an individual,	104820
group, or community. As used in this division, "welfare	104821
activities" includes, but is not limited to, teaching, adoption	104822
services, foster care placement services, services that improve	104823
the quality of life of elderly or disabled persons, clinical	104824
psychological and psychiatric counseling services, substance abuse	104825
counseling, vocational rehabilitation services, crisis	104826
intervention services, the collection, distribution, and delivery	104827
of free or reduced-cost goods such as food or clothing to the	104828
needy or to victims of natural disasters, and similar services.	104829

(OOO) "Adult and child day-care services" means services that	104830
involve attending to the needs of children or adults who require	104831
assistance with daily life activities, including services provided	104832
by an individual related to the child or adult by blood, marriage,	104833
or adoption.	104834

(PPP) "Educational services" means the services enumerated in	104835
sector 61 of the North American industry classification manual	104836
published by the United States office of management and budget in	104837
the executive office of the president.	104838

(QQQ) "Intangible property" means personal property that has	104839
value but that cannot be seen, weighed, measured, felt, or	104840
touched. "Intangible property" includes, but is not limited to,	104841
trademarks, copyrights, patents, franchises, and licenses.	104842
"Intangible property" does not include interest, gains, or	104843
dividends received from the sale or exchange of a financial	104844
instrument.	104845

(RRR) "Financial instrument" means stock, notes, bonds, and	104846
debentures traded on a national securities exchange, margin stock	104847
as defined in 12 C.F.R. 221.2, commercial paper, negotiable	104848
certificates of deposit, bankers' acceptances, and shares in a	104849
money market or mutual fund that issues shares in which banks may	104850
perfect a security interest. A "financial instrument" may be	104851
denominated in a foreign currency that is freely convertible to	104852
United States dollars. "Financial instrument" does not include	104853
mortgages.	104854

Sec. 5739.011. (A) As used in this section:

104855

(1) "Manufacturer" means a person who is engaged in	104856
manufacturing, processing, assembling, or refining a product for	104857
sale and, solely for the purposes of division (B)(12) of this	104858
section, a person who meets all the qualifications of that	104859
division.	104860

(2) "Manufacturing facility" means a single location where a	104861
manufacturing operation is conducted, including locations	104862
consisting of one or more buildings or structures in a contiguous	104863
area owned or controlled by the manufacturer.	104864

(3) "Materials handling" means the movement of the product	104865
being or to be manufactured, during which movement the product is	104866
not undergoing any substantial change or alteration in its state	104867
or form.	104868

(4) "Testing" means a process or procedure to identify the	104869
properties or assure the quality of a material or product.	104870

(5) "Completed product" means a manufactured item that is in	104871
the form and condition as it will be sold by the manufacturer. An	104872
item is completed when all processes that change or alter its	104873
state or form or enhance its value are finished, even though the	104874
item subsequently will be tested to ensure its quality or be	104875
packaged for storage or shipment.	104876

(6) "Continuous manufacturing operation" means the process in	104877
which raw materials or components are moved through the steps	104878
whereby manufacturing occurs. Materials handling of raw materials	104879
or parts from the point of receipt or preproduction storage or of	104880
a completed product, to or from storage, to or from packaging, or	104881
to the place from which the completed product will be shipped, is	104882
not a part of a continuous manufacturing operation.	104883

(B) For purposes of division (B)(42)(g) of section 5739.02 of	104884
the Revised Code, the "thing transferred" includes, but is not	104885
limited to, any of the following:	104886

(1) Production machinery and equipment that act upon the	104887
product or machinery and equipment that treat the materials or	104888
parts in preparation for the manufacturing operation;	104889

(2) Materials handling equipment that moves the product	104890
through a continuous manufacturing operation; equipment that	104891
temporarily stores the product during the manufacturing operation;	104892
or, excluding motor vehicles licensed to operate on public	104893
highways, equipment used in intraplant or interplant transfers of	104894
work in process where the plant or plants between which such	104895
transfers occur are manufacturing facilities operated by the same	104896
person;	104897

(3) Catalysts, solvents, water, acids, oil, and similar	104898
consumables that interact with the product and that are an	104899
integral part of the manufacturing operation;	104900

(4) Machinery, equipment, and other tangible personal	104901
property used during the manufacturing operation that control,	104902
physically support, produce power for, lubricate, or are otherwise	104903
necessary for the functioning of production machinery and	104904
equipment and the continuation of the manufacturing operation;	104905

(5) Machinery, equipment, fuel, power, material, parts, and	104906
other tangible personal property used to manufacture machinery,	104907
equipment, or other tangible personal property used in	104908
manufacturing a product for sale;	104909

(6) Machinery, equipment, and other tangible personal	104910
property used by a manufacturer to test raw materials, the product	104911
being manufactured, or the completed product;	104912

(7) Machinery and equipment used to handle or temporarily	104913
store scrap that is intended to be reused in the manufacturing	104914
operation at the same manufacturing facility;	104915

(8) Coke, gas, water, steam, and similar substances used in	104916
the manufacturing operation; machinery and equipment used for, and	104917
fuel consumed in, producing or extracting those substances;	104918
machinery, equipment, and other tangible personal property used to	104919
treat, filter, pump, or otherwise make the substance suitable for	104920
use in the manufacturing operation; and machinery and equipment	104921
used for, and fuel consumed in, producing electricity for use in	104922
the manufacturing operation;	104923

(9) Machinery, equipment, and other tangible personal	104924
property used to transport or transmit electricity, coke, gas,	104925
water, steam, or similar substances used in the manufacturing	104926
operation from the point of generation, if produced by the	104927
manufacturer, or from the point where the substance enters the	104928
manufacturing facility, if purchased by the manufacturer, to the	104929
manufacturing operation;	104930

(10) Machinery, equipment, and other tangible personal	104931
property that treats, filters, cools, refines, or otherwise	104932
renders water, steam, acid, oil, solvents, or similar substances	104933
used in the manufacturing operation reusable, provided that the	104934
substances are intended for reuse and not for disposal, sale, or	104935
transportation from the manufacturing facility;	104936

(11) Parts, components, and repair and installation services	104937
for items described in division (B) of this section;	104938

(12) Machinery and equipment, detergents, supplies, solvents,	104939
and any other tangible personal property located at a	104940
manufacturing facility that are used in the process of removing	104941
soil, dirt, or other contaminants from, or otherwise preparing in	104942
a suitable condition for use, towels, linens, articles of	104943
clothing, floor mats, mop heads, or other similar items, to be	104944
supplied to a consumer as part of laundry and dry cleaning	104945
services as defined in ~~division (BB) of~~ section 5739.01 of the	104946
Revised Code, only when the towels, linens, articles of clothing,	104947
floor mats, mop heads, or other similar items belong to the	104948
provider of the services;	104949

(13) Equipment and supplies used to clean processing	104950
equipment that is part of a continuous manufacturing operation to	104951
produce milk, ice cream, yogurt, cheese, and similar dairy	104952
products for human consumption.	104953

(C) For purposes of division (B)(42)(g) of section 5739.02 of	104954
the Revised Code, the "thing transferred" does not include any of	104955
the following:	104956

(1) Tangible personal property or services used in	104957
administrative, personnel, security, inventory control,	104958
record-keeping, ordering, billing, or similar functions;	104959

(2) Tangible personal property or services used in storing	104960
raw materials or parts prior to the commencement of the	104961
manufacturing operation or used to handle or store a completed	104962
product, including storage that actively maintains a completed	104963
product in a marketable state or form;	104964

(3) Tangible personal property or services used to handle or	104965
store scrap or waste intended for disposal, sale, or other	104966
disposition, other than reuse in the manufacturing operation at	104967
the same manufacturing facility;	104968

(4) Tangible personal property that is or is to be	104969
incorporated into realty;	104970

(5) Machinery, equipment, and other tangible personal	104971
property used for ventilation, dust or gas collection, humidity or	104972
temperature regulation, or similar environmental control, except	104973
machinery, equipment, and other tangible personal property that	104974
totally regulates the environment in a special and limited area of	104975
the manufacturing facility where the regulation is essential for	104976
production to occur;	104977

(6) Tangible personal property or services used for the	104978
protection and safety of workers, unless the property is attached	104979
to or incorporated into machinery and equipment used in a	104980
continuous manufacturing operation;	104981

(7) Tangible personal property used to store fuel, water,	104982
solvents, acid, oil, or similar items consumed in the	104983
manufacturing operation;	104984

(8) Except as provided in division (B)(13) of this section,	104985
machinery, equipment, and other tangible personal property or	104986
services used to clean, repair, or maintain real or personal	104987
property in the manufacturing facility;	104988

(9) Motor vehicles registered for operation on public	104989
highways.	104990

(D) For purposes of division (B)(42)(g) of section 5739.02 of	104991
the Revised Code, if the "thing transferred" is a machine used by	104992
a manufacturer in both a taxable and an exempt manner, it shall be	104993
totally taxable or totally exempt from taxation based upon its	104994
quantified primary use. If the "things transferred" are fungibles,	104995
they shall be taxed based upon the proportion of the fungibles	104996
used in a taxable manner.	104997

Sec. 5739.02. For the purpose of providing revenue with	104998
which to meet the needs of the state, for the use of the general	104999
revenue fund of the state, for the purpose of securing a thorough	105000
and efficient system of common schools throughout the state, for	105001
the purpose of affording revenues, in addition to those from	105002
general property taxes, permitted under constitutional	105003
limitations, and from other sources, for the support of local	105004
governmental functions, and for the purpose of reimbursing the	105005
state for the expense of administering this chapter, an excise tax	105006
is hereby levied on each retail sale made in this state.	105007

(A)(1) The tax shall be collected as provided in section	105008
5739.025 of the Revised Code. The rate of the tax shall be five	105009
~~and one-half~~ per cent. The tax applies and is collectible when the	105010
sale is made, regardless of the time when the price is paid or	105011
delivered.	105012

(2) In the case of the lease or rental, with a fixed term of	105013
more than thirty days or an indefinite term with a minimum period	105014
of more than thirty days, of any motor vehicles designed by the	105015
manufacturer to carry a load of not more than one ton, watercraft,	105016
outboard motor, or aircraft, or of any tangible personal property,	105017
other than motor vehicles designed by the manufacturer to carry a	105018
load of more than one ton, to be used by the lessee or renter	105019
primarily for business purposes, the tax shall be collected by the	105020
vendor at the time the lease or rental is consummated and shall be	105021
calculated by the vendor on the basis of the total amount to be	105022
paid by the lessee or renter under the lease agreement. If the	105023
total amount of the consideration for the lease or rental includes	105024
amounts that are not calculated at the time the lease or rental is	105025
executed, the tax shall be calculated and collected by the vendor	105026
at the time such amounts are billed to the lessee or renter. In	105027
the case of an open-end lease or rental, the tax shall be	105028
calculated by the vendor on the basis of the total amount to be	105029
paid during the initial fixed term of the lease or rental, and for	105030
each subsequent renewal period as it comes due. As used in this	105031
division, "motor vehicle" has the same meaning as in section	105032
4501.01 of the Revised Code, and "watercraft" includes an outdrive	105033
unit attached to the watercraft.	105034

A lease with a renewal clause and a termination penalty or	105035
similar provision that applies if the renewal clause is not	105036
exercised is presumed to be a sham transaction. In such a case,	105037
the tax shall be calculated and paid on the basis of the entire	105038
length of the lease period, including any renewal periods, until	105039
the termination penalty or similar provision no longer applies.	105040
The taxpayer shall bear the burden, by a preponderance of the	105041
evidence, that the transaction or series of transactions is not a	105042
sham transaction.	105043

(3) Except as provided in division (A)(2) of this section, in	105044
the case of a sale, the price of which consists in whole or in	105045
part of the lease or rental of tangible personal property, the tax	105046
shall be measured by the installments of that lease or rental.	105047

(4) In the case of a sale of a physical fitness facility	105048
service or recreation and sports club service, the price of which	105049
consists in whole or in part of a membership for the receipt of	105050
the benefit of the service, the tax applicable to the sale shall	105051
be measured by the installments thereof.	105052

(B) The tax does not apply to the following:

105053

(1) Sales to the state or any of its political subdivisions,	105054
or to any other state or its political subdivisions if the laws of	105055
that state exempt from taxation sales made to this state and its	105056
political subdivisions;	105057

(2) Sales of food for human consumption off the premises	105058
where sold;	105059

(3) Sales of food sold to students only in a cafeteria,	105060
dormitory, fraternity, or sorority maintained in a private,	105061
public, or parochial school, college, or university;	105062

(4) Sales of newspapers ~~and of magazine subscriptions~~ and	105063
sales or transfers of magazines distributed as controlled	105064
circulation publications;	105065

(5) The furnishing, preparing, or serving of meals without	105066
charge by an employer to an employee provided the employer records	105067
the meals as part compensation for services performed or work	105068
done;	105069

(6) Sales of motor fuel upon receipt, use, distribution, or	105070
sale of which in this state a tax is imposed by the law of this	105071
state, but this exemption shall not apply to the sale of motor	105072
fuel on which a refund of the tax is allowable under division (A)	105073
of section 5735.14 of the Revised Code; and the tax commissioner	105074
may deduct the amount of tax levied by this section applicable to	105075
the price of motor fuel when granting a refund of motor fuel tax	105076
pursuant to division (A) of section 5735.14 of the Revised Code	105077
and shall cause the amount deducted to be paid into the general	105078
revenue fund of this state;	105079

(7) Sales of natural gas by a natural gas company, of water	105080
by a water-works company, or of steam by a heating company, if in	105081
each case the thing sold is delivered to consumers through pipes	105082
or conduits, and all sales of communications services by a	105083
telegraph company, all terms as defined in section 5727.01 of the	105084
Revised Code, and sales of electricity delivered through wires;	105085

(8) Casual sales by a person, or auctioneer employed directly	105086
by the person to conduct such sales, except as to such sales of	105087
motor vehicles, watercraft or outboard motors required to be	105088
titled under section 1548.06 of the Revised Code, watercraft	105089
documented with the United States coast guard, snowmobiles, and	105090
all-purpose vehicles as defined in section 4519.01 of the Revised	105091
Code;	105092

(9)(a) Sales of services or tangible personal property, other	105093
than motor vehicles, mobile homes, and manufactured homes, by	105094
churches, organizations exempt from taxation under section	105095
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	105096
organizations operated exclusively for charitable purposes as	105097
defined in division (B)(12) of this section, provided that the	105098
number of days on which such tangible personal property or	105099
services, other than items never subject to the tax, are sold does	105100
not exceed six in any calendar year, except as otherwise provided	105101
in division (B)(9)(b) of this section. If the number of days on	105102
which such sales are made exceeds six in any calendar year, the	105103
church or organization shall be considered to be engaged in	105104
business and all subsequent sales by it shall be subject to the	105105
tax. In counting the number of days, all sales by groups within a	105106
church or within an organization shall be considered to be sales	105107
of that church or organization.	105108

(b) The limitation on the number of days on which tax-exempt	105109
sales may be made by a church or organization under division	105110
(B)(9)(a) of this section does not apply to sales made by student	105111
clubs and other groups of students of a primary or secondary	105112
school, or a parent-teacher association, booster group, or similar	105113
organization that raises money to support or fund curricular or	105114
extracurricular activities of a primary or secondary school.	105115

(c) Divisions (B)(9)(a) and (b) of this section do not apply	105116
to sales by a noncommercial educational radio or television	105117
broadcasting station.	105118

(10) Sales not within the taxing power of this state under	105119
the Constitution of the United States;	105120

(11) ~~Except for transactions that are sales under division~~	105121
~~(B)(3)(r) of section 5739.01 of the Revised Code, the~~	105122
~~transportation of persons or property, unless the transportation~~	105123
~~is by a private investigation and security service~~Any transfer or	105124
lease of tangible personal property between the state and a	105125
successful proposer in accordance with sections 126.60 to 126.605	105126
of the Revised Code, provided the property is part of a project as	105127
defined in section 126.60 of the Revised Code and the state	105128
retains ownership of the project or part thereof that is being	105129
transferred or leased, between the state and JobsOhio in	105130
accordance with section 4313.02 of the Revised Code;	105131

(12) Sales of tangible personal property or services to	105132
churches, to organizations exempt from taxation under section	105133
501(c)(3) of the Internal Revenue Code of 1986, and to any other	105134
nonprofit organizations operated exclusively for charitable	105135
purposes in this state, no part of the net income of which inures	105136
to the benefit of any private shareholder or individual, and no	105137
substantial part of the activities of which consists of carrying	105138
on propaganda or otherwise attempting to influence legislation;	105139
sales to offices administering one or more homes for the aged or	105140
one or more hospital facilities exempt under section 140.08 of the	105141
Revised Code; and sales to organizations described in division (D)	105142
of section 5709.12 of the Revised Code.	105143

"Charitable purposes" means the relief of poverty; the	105144
improvement of health through the alleviation of illness, disease,	105145
or injury; the operation of an organization exclusively for the	105146
provision of professional, laundry, printing, and purchasing	105147
services to hospitals or charitable institutions; the operation of	105148
a home for the aged, as defined in section 5701.13 of the Revised	105149
Code; the operation of a radio or television broadcasting station	105150
that is licensed by the federal communications commission as a	105151
noncommercial educational radio or television station; the	105152
operation of a nonprofit animal adoption service or a county	105153
humane society; the promotion of education by an institution of	105154
learning that maintains a faculty of qualified instructors,	105155
teaches regular continuous courses of study, and confers a	105156
recognized diploma upon completion of a specific curriculum; the	105157
operation of a parent-teacher association, booster group, or	105158
similar organization primarily engaged in the promotion and	105159
support of the curricular or extracurricular activities of a	105160
primary or secondary school; the operation of a community or area	105161
center in which presentations in music, dramatics, the arts, and	105162
related fields are made in order to foster public interest and	105163
education therein; the production of performances in music,	105164
dramatics, and the arts; or the promotion of education by an	105165
organization engaged in carrying on research in, or the	105166
dissemination of, scientific and technological knowledge and	105167
information primarily for the public.	105168

Nothing in this division shall be deemed to exempt sales to	105169
any organization for use in the operation or carrying on of a	105170
trade or business, or sales to a home for the aged for use in the	105171
operation of independent living facilities as defined in division	105172
(A) of section 5709.12 of the Revised Code.	105173

(13) Building and construction materials and services sold to	105174
construction contractors for incorporation into a structure or	105175
improvement to real property under a construction contract with	105176
this state or a political subdivision of this state, or with the	105177
United States government or any of its agencies; building and	105178
construction materials and services sold to construction	105179
contractors for incorporation into a structure or improvement to	105180
real property that are accepted for ownership by this state or any	105181
of its political subdivisions, or by the United States government	105182
or any of its agencies at the time of completion of the structures	105183
or improvements; building and construction materials sold to	105184
construction contractors for incorporation into a horticulture	105185
structure or livestock structure for a person engaged in the	105186
business of horticulture or producing livestock; building	105187
materials and services sold to a construction contractor for	105188
incorporation into a house of public worship or religious	105189
education, or a building used exclusively for charitable purposes	105190
under a construction contract with an organization whose purpose	105191
is as described in division (B)(12) of this section; building	105192
materials and services sold to a construction contractor for	105193
incorporation into a building under a construction contract with	105194
an organization exempt from taxation under section 501(c)(3) of	105195
the Internal Revenue Code of 1986 when the building is to be used	105196
exclusively for the organization's exempt purposes; building and	105197
construction materials sold for incorporation into the original	105198
construction of a sports facility under section 307.696 of the	105199
Revised Code; building and construction materials and services	105200
sold to a construction contractor for incorporation into real	105201
property outside this state if such materials and services, when	105202
sold to a construction contractor in the state in which the real	105203
property is located for incorporation into real property in that	105204
state, would be exempt from a tax on sales levied by that state;	105205
and, until one calendar year after the construction of a	105206
convention center that qualifies for property tax exemption under	105207
section 5709.084 of the Revised Code is completed, building and	105208
construction materials and services sold to a construction	105209
contractor for incorporation into the real property comprising	105210
that convention center;	105211

(14) Sales of ships or vessels or rail rolling stock used or	105212
to be used principally in interstate or foreign commerce, and	105213
repairs, alterations, fuel, and lubricants for such ships or	105214
vessels or rail rolling stock;	105215

(15) Sales to persons primarily engaged in any of the	105216
activities mentioned in division (B)(42)(a), (g), or (h) of this	105217
section, to persons engaged in making retail sales, or to persons	105218
who purchase for sale from a manufacturer tangible personal	105219
property that was produced by the manufacturer in accordance with	105220
specific designs provided by the purchaser, of packages, including	105221
material, labels, and parts for packages, and of machinery,	105222
equipment, and material for use primarily in packaging tangible	105223
personal property produced for sale, including any machinery,	105224
equipment, and supplies used to make labels or packages, to	105225
prepare packages or products for labeling, or to label packages or	105226
products, by or on the order of the person doing the packaging, or	105227
sold at retail. "Packages" includes bags, baskets, cartons,	105228
crates, boxes, cans, bottles, bindings, wrappings, and other	105229
similar devices and containers, but does not include motor	105230
vehicles or bulk tanks, trailers, or similar devices attached to	105231
motor vehicles. "Packaging" means placing in a package. Division	105232
(B)(15) of this section does not apply to persons engaged in	105233
highway transportation for hire.	105234

(16) Sales of food to persons using supplemental nutrition	105235
assistance program benefits to purchase the food. As used in this	105236
division, "food" has the same meaning as in 7 U.S.C. 2012 and	105237
federal regulations adopted pursuant to the Food and Nutrition Act	105238
of 2008.	105239

(17) Sales to persons engaged in farming, agriculture,	105240
horticulture, or floriculture, of tangible personal property for	105241
use or consumption primarily in the production by farming,	105242
agriculture, horticulture, or floriculture of other tangible	105243
personal property for use or consumption primarily in the	105244
production of tangible personal property for sale by farming,	105245
agriculture, horticulture, or floriculture; or material and parts	105246
for incorporation into any such tangible personal property for use	105247
or consumption in production; and of tangible personal property	105248
for such use or consumption in the conditioning or holding of	105249
products produced by and for such use, consumption, or sale by	105250
persons engaged in farming, agriculture, horticulture, or	105251
floriculture, except where such property is incorporated into real	105252
property;	105253

(18) Sales of drugs for a human being that may be dispensed	105254
only pursuant to a prescription; insulin as recognized in the	105255
official United States pharmacopoeia; urine and blood testing	105256
materials when used by diabetics or persons with hypoglycemia to	105257
test for glucose or acetone; hypodermic syringes and needles when	105258
used by diabetics for insulin injections; epoetin alfa when	105259
purchased for use in the treatment of persons with medical	105260
disease; hospital beds when purchased by hospitals, nursing homes,	105261
or other medical facilities; and medical oxygen and medical	105262
oxygen-dispensing equipment when purchased by hospitals, nursing	105263
homes, or other medical facilities;	105264

(19) Sales of prosthetic devices, durable medical equipment	105265
for home use, or mobility enhancing equipment, when made pursuant	105266
to a prescription and when such devices or equipment are for use	105267
by a human being.	105268

(20) Sales of emergency and fire protection vehicles and	105269
equipment to nonprofit organizations for use solely in providing	105270
fire protection and emergency services, including trauma care and	105271
emergency medical services, for political subdivisions of the	105272
state;	105273

(21) Sales of tangible personal property manufactured in this	105274
state, if sold by the manufacturer in this state to a retailer for	105275
use in the retail business of the retailer outside of this state	105276
and if possession is taken from the manufacturer by the purchaser	105277
within this state for the sole purpose of immediately removing the	105278
same from this state in a vehicle owned by the purchaser;	105279

(22) Sales of services provided by the state or any of its	105280
political subdivisions, agencies, instrumentalities, institutions,	105281
or authorities, or by governmental entities of the state or any of	105282
its political subdivisions, agencies, instrumentalities,	105283
institutions, or authorities;	105284

(23) Sales of motor vehicles to nonresidents of this state	105285
under the circumstances described in division (B) of section	105286
5739.029 of the Revised Code;	105287

(24) Sales to persons engaged in the preparation of eggs for	105288
sale of tangible personal property used or consumed directly in	105289
such preparation, including such tangible personal property used	105290
for cleaning, sanitizing, preserving, grading, sorting, and	105291
classifying by size; packages, including material and parts for	105292
packages, and machinery, equipment, and material for use in	105293
packaging eggs for sale; and handling and transportation equipment	105294
and parts therefor, except motor vehicles licensed to operate on	105295
public highways, used in intraplant or interplant transfers or	105296
shipment of eggs in the process of preparation for sale, when the	105297
plant or plants within or between which such transfers or	105298
shipments occur are operated by the same person. "Packages"	105299
includes containers, cases, baskets, flats, fillers, filler flats,	105300
cartons, closure materials, labels, and labeling materials, and	105301
"packaging" means placing therein.	105302

(25)(a) Sales of water to a consumer for residential use;

105303

(b) Sales of water by a nonprofit corporation engaged	105304
exclusively in the treatment, distribution, and sale of water to	105305
consumers, if such water is delivered to consumers through pipes	105306
or tubing.	105307

(26) Fees charged for inspection or reinspection of motor	105308
vehicles under section 3704.14 of the Revised Code;	105309

(27) Sales to persons licensed to conduct a food service	105310
operation pursuant to section 3717.43 of the Revised Code, of	105311
tangible personal property primarily used directly for the	105312
following:	105313

(a) To prepare food for human consumption for sale;

105314

(b) To preserve food that has been or will be prepared for	105315
human consumption for sale by the food service operator, not	105316
including tangible personal property used to display food for	105317
selection by the consumer;	105318

(c) To clean tangible personal property used to prepare or	105319
serve food for human consumption for sale.	105320

(28) Sales of animals by nonprofit animal adoption services	105321
or county humane societies;	105322

(29) Sales of services to a corporation described in division	105323
(A) of section 5709.72 of the Revised Code, and sales of tangible	105324
personal property that qualifies for exemption from taxation under	105325
section 5709.72 of the Revised Code;	105326

(30) Sales and installation of agricultural land tile, as	105327
defined in division (B)~~(5)~~(7)(a) of section 5739.01 of the Revised	105328
Code;	105329

(31) Sales and erection or installation of portable grain	105330
bins, as defined in division (B)~~(5)~~(7)(b) of section 5739.01 of	105331
the Revised Code;	105332

(32) The sale, lease, repair, and maintenance of, parts for,	105333
or items attached to or incorporated in, motor vehicles that are	105334
primarily used for transporting tangible personal property	105335
belonging to others by a person engaged in highway transportation	105336
for hire, except for packages and packaging used for the	105337
transportation of tangible personal property;	105338

(33) Sales to the state headquarters of any veterans'	105339
organization in this state that is either incorporated and issued	105340
a charter by the congress of the United States or is recognized by	105341
the United States veterans administration, for use by the	105342
headquarters;	105343

(34) Sales to a telecommunications service vendor, mobile	105344
telecommunications service vendor, or satellite broadcasting	105345
service vendor of tangible personal property and services used	105346
directly and primarily in transmitting, receiving, switching, or	105347
recording any interactive, one- or two-way electromagnetic	105348
communications, including voice, image, data, and information,	105349
through the use of any medium, including, but not limited to,	105350
poles, wires, cables, switching equipment, computers, and record	105351
storage devices and media, and component parts for the tangible	105352
personal property. The exemption provided in this division shall	105353
be in lieu of all other exemptions under division (B)(42)(a) or	105354
(n) of this section to which the vendor may otherwise be entitled,	105355
based upon the use of the thing purchased in providing the	105356
telecommunications, mobile telecommunications, or satellite	105357
broadcasting service.	105358

(35)(a) Sales where the purpose of the consumer is to use or	105359
consume the things transferred in making retail sales and	105360
consisting of newspaper inserts, catalogues, coupons, flyers, gift	105361
certificates, or other advertising material that prices and	105362
describes tangible personal property offered for retail sale.	105363

(b) Sales to direct marketing vendors of preliminary	105364
materials such as photographs, artwork, and typesetting that will	105365
be used in printing advertising material; and of printed matter	105366
that offers free merchandise or chances to win sweepstake prizes	105367
and that is mailed to potential customers with advertising	105368
material described in division (B)(35)(a) of this section;	105369

(c) Sales of equipment such as telephones, computers,	105370
facsimile machines, and similar tangible personal property	105371
primarily used to accept orders for direct marketing retail sales.	105372

(d) Sales of automatic food vending machines that preserve	105373
food with a shelf life of forty-five days or less by refrigeration	105374
and dispense it to the consumer.	105375

For purposes of division (B)(35) of this section, "direct	105376
marketing" means the method of selling where consumers order	105377
tangible personal property by United States mail, delivery	105378
service, or telecommunication and the vendor delivers or ships the	105379
tangible personal property sold to the consumer from a warehouse,	105380
catalogue distribution center, or similar fulfillment facility by	105381
means of the United States mail, delivery service, or common	105382
carrier.	105383

(36) Sales to a person engaged in the business of	105384
horticulture or producing livestock of materials to be	105385
incorporated into a horticulture structure or livestock structure;	105386

(37) Sales of personal computers, computer monitors, computer	105387
keyboards, modems, and other peripheral computer equipment to an	105388
individual who is licensed or certified to teach in an elementary	105389
or a secondary school in this state for use by that individual in	105390
preparation for teaching elementary or secondary school students;	105391

(38) Sales to a professional racing team of any of the	105392
following:	105393

(a) Motor racing vehicles;

105394

(b) Repair services for motor racing vehicles;

105395

(c) Items of property that are attached to or incorporated in	105396
motor racing vehicles, including engines, chassis, and all other	105397
components of the vehicles, and all spare, replacement, and	105398
rebuilt parts or components of the vehicles; except not including	105399
tires, consumable fluids, paint, and accessories consisting of	105400
instrumentation sensors and related items added to the vehicle to	105401
collect and transmit data by means of telemetry and other forms of	105402
communication.	105403

(39) Sales of used manufactured homes and used mobile homes,	105404
as defined in section 5739.0210 of the Revised Code, made on or	105405
after January 1, 2000;	105406

(40) Sales of tangible personal property and services to a	105407
provider of electricity used or consumed directly and primarily in	105408
generating, transmitting, or distributing electricity for use by	105409
others, including property that is or is to be incorporated into	105410
and will become a part of the consumer's production, transmission,	105411
or distribution system and that retains its classification as	105412
tangible personal property after incorporation; fuel or power used	105413
in the production, transmission, or distribution of electricity;	105414
energy conversion equipment as defined in section 5727.01 of the	105415
Revised Code; and tangible personal property and services used in	105416
the repair and maintenance of the production, transmission, or	105417
distribution system, including only those motor vehicles as are	105418
specially designed and equipped for such use. The exemption	105419
provided in this division shall be in lieu of all other exemptions	105420
in division (B)(42)(a) or (n) of this section to which a provider	105421
of electricity may otherwise be entitled based on the use of the	105422
tangible personal property or service purchased in generating,	105423
transmitting, or distributing electricity.	105424

(41) Sales to a person providing services under division	105425
(B)~~(3)(r)~~(5) of section 5739.01 of the Revised Code of tangible	105426
personal property and services used directly and primarily in	105427
providing taxable services under that section.	105428

(42) Sales where the purpose of the purchaser is to do any of	105429
the following:	105430

(a) To incorporate the thing transferred as a material or a	105431
part into tangible personal property to be produced for sale by	105432
manufacturing, assembling, processing, or refining; or to use or	105433
consume the thing transferred directly in producing tangible	105434
personal property for sale by mining, including, without	105435
limitation, the extraction from the earth of all substances that	105436
are classed geologically as minerals, production of crude oil and	105437
natural gas, or directly in the rendition of a public utility	105438
service, except that the sales tax levied by this section shall be	105439
collected upon all meals, drinks, and food for human consumption	105440
sold when transporting persons. Persons engaged in rendering	105441
services in the exploration for, and production of, crude oil and	105442
natural gas for others are deemed engaged directly in the	105443
exploration for, and production of, crude oil and natural gas.	105444
This paragraph does not exempt from "retail sale" or "sales at	105445
retail" the sale of tangible personal property that is to be	105446
incorporated into a structure or improvement to real property.	105447

(b) To hold the thing transferred as security for the	105448
performance of an obligation of the vendor;	105449

(c) To resell, hold, use, or consume the thing transferred as	105450
evidence of a contract of insurance;	105451

(d) To use or consume the thing directly in commercial	105452
fishing;	105453

(e) To incorporate the thing transferred as a material or a	105454
part into, or to use or consume the thing transferred directly in	105455
the production of, magazines distributed as controlled circulation	105456
publications;	105457

(f) To use or consume the thing transferred in the production	105458
and preparation in suitable condition for market and sale of	105459
printed, imprinted, overprinted, lithographic, multilithic,	105460
blueprinted, photostatic, or other productions or reproductions of	105461
written or graphic matter;	105462

(g) To use the thing transferred, as described in section	105463
5739.011 of the Revised Code, primarily in a manufacturing	105464
operation to produce tangible personal property for sale;	105465

(h) To use the benefit of a warranty, maintenance or service	105466
contract, or similar agreement~~, as described in division (B)(7) of~~	105467
~~section 5739.01 of the Revised Code,~~ to repair or maintain	105468
tangible personal property, if all of the property that is the	105469
subject of the warranty, contract, or agreement would not be	105470
subject to the tax imposed by this section;	105471

(i) To use the thing transferred as qualified research and	105472
development equipment;	105473

(j) To use or consume the thing transferred primarily in	105474
storing, transporting, mailing, or otherwise handling purchased	105475
sales inventory in a warehouse, distribution center, or similar	105476
facility when the inventory is primarily distributed outside this	105477
state to retail stores of the person who owns or controls the	105478
warehouse, distribution center, or similar facility, to retail	105479
stores of an affiliated group of which that person is a member, or	105480
by means of direct marketing. This division does not apply to	105481
motor vehicles registered for operation on the public highways. As	105482
used in this division, "affiliated group" has the same meaning as	105483
in division ~~(B)(3)(e)~~(DDD) of section 5739.01 of the Revised Code	105484
and "direct marketing" has the same meaning as in division (B)(35)	105485
of this section.	105486

(k) To use or consume the thing transferred to fulfill a	105487
contractual obligation incurred by a warrantor pursuant to a	105488
warranty provided as a part of the price of the tangible personal	105489
property sold or by a vendor of a warranty, maintenance or service	105490
contract, or similar agreement ~~the provision of which is defined~~	105491
~~as a sale under division (B)(7) of section 5739.01 of the Revised~~	105492
~~Code~~;	105493

(l) To use or consume the thing transferred in the production	105494
of a newspaper for distribution to the public;	105495

(m) To use tangible personal property to perform a service	105496
~~listed in division (B)(3) of section 5739.01 of the Revised Code,~~	105497
if the property is or is to be permanently transferred to the	105498
consumer of the service as an integral part of the performance of	105499
the service;	105500

(n) To use or consume the thing transferred primarily in	105501
producing tangible personal property for sale by farming,	105502
agriculture, horticulture, or floriculture. Persons engaged in	105503
rendering farming, agriculture, horticulture, or floriculture	105504
services for others are deemed engaged primarily in farming,	105505
agriculture, horticulture, or floriculture. This paragraph does	105506
not exempt from "retail sale" or "sales at retail" the sale of	105507
tangible personal property that is to be incorporated into a	105508
structure or improvement to real property.	105509

(o) To use or consume the thing transferred in acquiring,	105510
formatting, editing, storing, and disseminating data or	105511
information by electronic publishing.	105512

~~As used in division (B)(42) of this section, "thing" includes~~	105513
~~all transactions included in divisions (B)(3)(a), (b), and (e) of~~	105514
~~section 5739.01 of the Revised Code.~~	105515

(43) Sales conducted through a coin operated device that	105516
activates vacuum equipment or equipment that dispenses water,	105517
whether or not in combination with soap or other cleaning agents	105518
or wax, to the consumer for the consumer's use on the premises in	105519
washing, cleaning, or waxing a motor vehicle, provided no other	105520
personal property or personal service is provided as part of the	105521
transaction.	105522

(44) Sales of replacement and modification parts for engines,	105523
airframes, instruments, and interiors in, and paint for, aircraft	105524
used primarily in a fractional aircraft ownership program, and	105525
sales of services for the repair, modification, and maintenance of	105526
such aircraft, and machinery, equipment, and supplies primarily	105527
used to provide those services.	105528

(45) Sales of telecommunications service that is used	105529
directly and primarily to perform the functions of a call center.	105530
As used in this division, "call center" means any physical	105531
location where telephone calls are placed or received in high	105532
volume for the purpose of making sales, marketing, customer	105533
service, technical support, or other specialized business	105534
activity, and that employs at least fifty individuals that engage	105535
in call center activities on a full-time basis, or sufficient	105536
individuals to fill fifty full-time equivalent positions.	105537

(46) Sales by a telecommunications service vendor of 900	105538
service to a subscriber. This division does not apply to	105539
information services~~, as defined in division (FF) of section~~	105540
~~5739.01 of the Revised Code~~. "Information services" means	105541
providing conversation, giving consultation or advice, playing or	105542
making a voice or other recording, making or keeping a record of	105543
the number of callers, and any other service provided to a	105544
consumer by means of a nine hundred telephone call, except when	105545
the nine hundred telephone call is the means by which the consumer	105546
makes a contribution to a recognized charity.	105547

(47) Sales of value-added non-voice data service. This	105548
division does not apply to any similar service that is not	105549
otherwise a telecommunications service.	105550

(48)(a) Sales of machinery, equipment, and software to a	105551
qualified direct selling entity for use in a warehouse or	105552
distribution center primarily for storing, transporting, or	105553
otherwise handling inventory that is held for sale to independent	105554
salespersons who operate as direct sellers and that is held	105555
primarily for distribution outside this state;	105556

(b) As used in division (B)(48)(a) of this section:

105557

(i) "Direct seller" means a person selling consumer products	105558
to individuals for personal or household use and not from a fixed	105559
retail location, including selling such product at in-home product	105560
demonstrations, parties, and other one-on-one selling.	105561

(ii) "Qualified direct selling entity" means an entity	105562
selling to direct sellers at the time the entity enters into a tax	105563
credit agreement with the tax credit authority pursuant to section	105564
122.17 of the Revised Code, provided that the agreement was	105565
entered into on or after January 1, 2007. Neither contingencies	105566
relevant to the granting of, nor later developments with respect	105567
to, the tax credit shall impair the status of the qualified direct	105568
selling entity under division (B)(48) of this section after	105569
execution of the tax credit agreement by the tax credit authority.	105570

(c) Division (B)(48) of this section is limited to machinery,	105571
equipment, and software first stored, used, or consumed in this	105572
state within the period commencing June 24, 2008, and ending on	105573
the date that is five years after that date.	105574

(49) Sales of materials, parts, equipment, or engines used in	105575
the repair or maintenance of aircraft or avionics systems of such	105576
aircraft, and sales of repair, remodeling, replacement, or	105577
maintenance services in this state performed on aircraft or on an	105578
aircraft's avionics, engine, or component materials or parts. As	105579
used in division (B)(49) of this section, "aircraft" means	105580
aircraft of more than six thousand pounds maximum certified	105581
takeoff weight or used exclusively in general aviation.	105582

(50) Sales of full flight simulators that are used for pilot	105583
or flight-crew training, sales of repair or replacement parts or	105584
components, and sales of repair or maintenance services for such	105585
full flight simulators. "Full flight simulator" means a replica of	105586
a specific type, or make, model, and series of aircraft cockpit.	105587
It includes the assemblage of equipment and computer programs	105588
necessary to represent aircraft operations in ground and flight	105589
conditions, a visual system providing an out-of-the-cockpit view,	105590
and a system that provides cues at least equivalent to those of a	105591
three-degree-of-freedom motion system, and has the full range of	105592
capabilities of the systems installed in the device as described	105593
in appendices A and B of part 60 of chapter 1 of title 14 of the	105594
Code of Federal Regulations.	105595

~~(51) Any transfer or lease of tangible personal property~~	105596
~~between the state and a successful proposer in accordance with~~	105597
~~sections 126.60 to 126.605 of the Revised Code, provided the~~	105598
~~property is part of a project as defined in section 126.60 of the~~	105599
~~Revised Code and the state retains ownership of the project or~~	105600
~~part thereof that is being transferred or leased, between the~~	105601
~~state and JobsOhio in accordance with section 4313.02 of the~~	105602
~~Revised Code.~~	105603

(C) For the purpose of the proper administration of this	105604
chapter, and to prevent the evasion of the tax, it is presumed	105605
that all sales made in this state are subject to the tax until the	105606
contrary is established.	105607

(D) The levy of this tax on retail sales of recreation and	105608
sports club service shall not prevent a municipal corporation from	105609
levying any tax on recreation and sports club dues or on any	105610
income generated by recreation and sports club dues.	105611

(E) The tax collected by the vendor from the consumer under	105612
this chapter is not part of the price, but is a tax collection for	105613
the benefit of the state, and of counties levying an additional	105614
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	105615
Code and of transit authorities levying an additional sales tax	105616
pursuant to section 5739.023 of the Revised Code. Except for the	105617
discount authorized under section 5739.12 of the Revised Code and	105618
the effects of any rounding pursuant to section 5703.055 of the	105619
Revised Code, no person other than the state or such a county or	105620
transit authority shall derive any benefit from the collection or	105621
payment of the tax levied by this section or section 5739.021,	105622
5739.023, or 5739.026 of the Revised Code.	105623

Sec. 5739.021. (A) ~~For the purpose of providing additional~~	105624
~~general revenues for the county or supporting criminal and~~	105625
~~administrative justice services in the county, or both, and to pay~~	105626
~~the expenses of administering such levy,~~Any additional tax levied	105627
by a county under this section that is in effect on August 31,	105628
2013, is hereby repealed, effective September 1, 2013.	105629

(B) Beginning September 1, 2013, and continuing until	105630
otherwise changed by a board of county commissioners as allowed in	105631
division (C) of this section, the rate of additional tax imposed	105632
under this section in a county is the rate prescribed for that	105633
county by section 5739.0211 of the Revised Code.	105634

(C) Beginning July 1, 2016, the board of county commissioners	105635
of any county may levy a tax at the rate of not more than ~~one per~~	105636
~~cent~~the rate reported by the tax commissioner under division (G)	105637
of section 5739.0211 of the Revised Code at any multiple of	105638
~~one-fourth~~five one-hundredths of one per cent upon every retail	105639
sale made in the county, except sales of watercraft and outboard	105640
motors required to be titled pursuant to Chapter 1548. of the	105641
Revised Code and sales of motor vehicles, and may increase the	105642
rate of an existing tax to not more than ~~one per cent~~the rate	105643
reported by the tax commissioner under division (G) of section	105644
5739.0211 of the Revised Code at any multiple of ~~one-fourth~~five	105645
one-hundredths of one per cent to provide revenue for any one or	105646
more of the purposes described in divisions (C)(1) to (11) of this	105647
section and to pay the expenses of administering the tax.	105648

(1) The county general fund.

105649

(2) The payment of bonds or notes issued in anticipation of	105650
bonds issued by a convention facilities authority established by	105651
the board of county commissioners under Chapter 351. of the	105652
Revised Code and to operate the convention facilities authority,	105653
but only if the board of county commissioners has adopted a	105654
resolution under section 351.02 of the Revised Code creating the	105655
convention facilities authority.	105656

(3) A transit authority operating in the county.

105657

(4) Permanent improvements within the county to be	105658
distributed by the community improvements board in accordance with	105659
section 307.283 of the Revised Code and to pay principal,	105660
interest, and premium on bonds issued under section 307.284 of the	105661
Revised Code, but only if the board of county commissioners has	105662
adopted a resolution under section 307.283 of the Revised Code	105663
creating the community improvements board.	105664

(5) The acquisition, construction, equipping, or repair of	105665
any specific permanent improvement or any class or group of	105666
permanent improvements, which improvement or class or group of	105667
improvements shall be enumerated in the resolution required by	105668
division (D) of this section, and to pay principal, interest,	105669
premium, and other costs associated with the issuance of bonds or	105670
notes in anticipation of bonds issued pursuant to Chapter 133. of	105671
the Revised Code for the acquisition, construction, equipping, or	105672
repair of the specific permanent improvement or class or group of	105673
permanent improvements.	105674

(6) The implementation and operation of a 9-1-1 system in the	105675
county. If the tax is levied or the rate increased exclusively for	105676
such purpose, the tax shall not be levied or the rate increased	105677
for more than five years. At the end of the last year the tax is	105678
levied or the rate increased, any balance remaining in the special	105679
fund established for such purpose shall remain in that fund and be	105680
used exclusively for such purpose until the fund is completely	105681
expended, and, notwithstanding section 5705.16 of the Revised	105682
Code, the board of county commissioners shall not petition for the	105683
transfer of money from such special fund, and the tax commissioner	105684
shall not approve such a petition.	105685

If the tax is levied or the rate increased for such purpose	105686
for more than five years, the board of county commissioners also	105687
shall levy the tax or increase the rate of the tax for one or more	105688
of the purposes described in divisions (C)(1) to (5) of this	105689
section and shall prescribe the method for allocating the revenues	105690
from the tax each year in the manner required by division (J) of	105691
this section.	105692

Pursuant to section 755.171 of the Revised Code, a board of	105693
county commissioners may pledge and contribute revenue from a tax	105694
levied for the purpose of division (C)(6) of this section to the	105695
payment of debt charges on bonds issued under section 755.17 of	105696
the Revised Code.	105697

(7) The operation or maintenance of a detention facility as	105698
defined in section 2921.01 of the Revised Code.	105699

(8) The acquisition of agricultural easements as defined in	105700
section 5301.67 of the Revised Code; to pay principal, interest,	105701
and premium on bonds issued under section 133.60 of the Revised	105702
Code; and for the supervision and enforcement of agricultural	105703
easements held by the county.	105704

(9) The provision of ambulance, paramedic, or other emergency	105705
medical services.	105706

(10) The construction or renovation of a sports facility, but	105707
only if the tax is levied for that purpose in the manner	105708
prescribed by section 5739.028 of the Revised Code.	105709

As used in division (C)(10) of this section:

105710

(a) "Sports facility" means a facility intended to house	105711
major league professional athletic teams.	105712

(b) "Constructing" or "construction" includes providing	105713
fixtures, furnishings, and equipment.	105714

(11) Supporting criminal and administrative justice services	105715
in the county. If the tax is levied for this purpose, the board	105716
shall proceed as required by division (K) of this section.	105717

(D) The tax authorized by division (C) of this section shall	105718
be levied and the rate increased pursuant to a resolution of the	105719
board of county commissioners, except that no resolution to	105720
increase the rate may be adopted by the board from July 1, 2013,	105721
through June 30, 2016. The resolution shall state the purpose or	105722
purposes for which the tax is to be levied and the number of years	105723
for which the tax is to be levied, or that it is for a continuing	105724
period of time. If the tax is to be levied for ~~the purpose of~~	105725
~~providing additional general revenues and for the purpose of~~	105726
~~supporting criminal and administrative justice services, the~~	105727
~~resolution shall state the rate or amount of the tax to be~~	105728
~~apportioned to each such purpose. The rate or amount may be~~	105729
~~different for each year the tax is to be levied, but the rates or~~	105730
~~amounts actually apportioned each year shall not be different from~~	105731
~~that stated in the resolution for that year. If the resolution is~~	105732
~~adopted as an emergency measure necessary for the immediate~~	105733
~~preservation of the public peace, health, or safety, it must~~	105734
~~receive an affirmative vote of all of the members of the board of~~	105735
~~county commissioners and shall state the reasons for such~~	105736
~~necessity. The board shall deliver a certified copy of the~~	105737
~~resolution to the tax commissioner, not later than the sixty-fifth~~	105738
~~day prior to the date on which the tax is to become effective,~~	105739
~~which shall be the first day of the calendar quarter~~more than one	105740
of the purposes set forth in divisions (C)(1) to (11) of this	105741
section, the board of county commissioners shall establish in the	105742
resolution the method for allocating revenue from the tax among	105743
those purposes as prescribed by division (J) of this section. If	105744
the resolution is required to be submitted to the electors of the	105745
county under division (E)(1) of this section, the resolution shall	105746
state the date of the election at which the proposal is to be	105747
submitted to the electors.	105748

Prior to the adoption of any resolution under this section,	105749
the board of county commissioners shall conduct two public	105750
hearings on the resolution, the second hearing to be not less than	105751
three nor more than ten days after the first. Notice of the date,	105752
time, and place of the hearings shall be given by publication in a	105753
newspaper of general circulation in the county, or as provided in	105754
section 7.16 of the Revised Code, once a week on the same day of	105755
the week for two consecutive weeks, the second publication being	105756
not less than ten nor more than thirty days prior to the first	105757
hearing.	105758

~~Except as provided in division (B)(3) of this section, the~~	105759
~~resolution shall be subject to a referendum as provided in~~	105760
~~sections 305.31 to 305.41 of the Revised Code.~~	105761

If(E) A resolution adopted under division (D) of this	105762
section takes effect as provided under division (E)(1) or (2) of	105763
this section. For the purposes of division (E) of this section, a	105764
copy of a resolution is "certified" when it contains a written	105765
statement attesting that the copy is a true and exact reproduction	105766
of the original resolution.	105767

(1) If the tax is exclusively for one of the purposes set	105768
forth in divisions (C)(2) to (9) of this section or is for one of	105769
those purposes and for any other purpose set forth in divisions	105770
(C)(1) to (11) of this section, the resolution shall not go into	105771
effect unless it is approved by a majority of the electors voting	105772
on the question of the tax. The board of county commissioners	105773
shall certify a copy of the resolution to the board of elections	105774
of the county at least ninety days before the date of the general	105775
or special election at which the question is to be placed on the	105776
ballot. Upon certifying the copy to the board of elections, the	105777
board of county commissioners shall notify the tax commissioner in	105778
writing of the question to be submitted to electors. If the	105779
question is approved by a majority of the electors voting on it,	105780
the tax shall take effect on the first day of the calendar quarter	105781
that begins at least sixty-five days after the day the board of	105782
county commissioners and the tax commissioner receive from the	105783
board of elections the certification of the results of the	105784
election, subject to division (F)(4) of this section.	105785

(2) If the tax is for one or both of the purposes set forth	105786
in divisions (C)(1) and (11) of this section, the resolution may	105787
go into effect without the prior approval of a majority of	105788
electors voting on the question as provided in division (E)(2)(a)	105789
or (b) of this section.	105790

(a) If the resolution is not adopted as an emergency measure,	105791
the resolution must receive an affirmative vote by a majority of	105792
the board of county commissioners and shall take effect on the	105793
first day of the calendar quarter that begins at least sixty-five	105794
days after the board delivers a certified copy of the resolution	105795
to the tax commissioner, except as provided under division (F)(4)	105796
of this section, unless a referendum petition is filed as provided	105797
in division (F)(1) of this section or unless the resolution	105798
directs the board of elections to submit the question of the tax	105799
to the electors of the county as provided under division (F)(2) of	105800
this section.	105801

(b) If the resolution is adopted as an emergency measure	105802
necessary for the immediate preservation of the public peace,	105803
health, or safety, the resolution must receive an affirmative vote	105804
of all the members of the board of county commissioners and shall	105805
state the reasons for that necessity. The resolution shall take	105806
effect on the first day of the calendar quarter that begins at	105807
least sixty-five days after the board of county commissioners	105808
delivers a certified copy of the resolution to the tax	105809
commissioner, except as provided under division (F)(4) of this	105810
section, unless a referendum petition is filed as provided in	105811
division (F)(1) of this section or unless the resolution directs	105812
the board of elections to submit the question of repealing the tax	105813
to the electors of the county as provided under division (F)(3) of	105814
this section.	105815

(F)(1) A resolution adopted under this section may be	105816
submitted to a referendum under sections 305.31 to 305.41 of the	105817
Revised Code unless the resolution is required to be submitted to	105818
electors or the resolution directs the board of elections to	105819
submit the question of the tax or repealing the tax to electors as	105820
provided in division (E)(1) or (2) of this section.	105821

If a petition for a referendum is filed, the county auditor	105822
with whom the petition was filed shall, within five days, notify	105823
the board of county commissioners and the tax commissioner of the	105824
filing of the petition by certified mail. If the board of	105825
elections with which the petition was filed declares the petition	105826
invalid, the board of elections, within five days, shall notify	105827
the board of county commissioners and the tax commissioner of that	105828
declaration by certified mail. If the petition is declared to be	105829
invalid, the effective date of the tax or increased rate of tax	105830
levied by this section shall be the first day of a calendar	105831
quarter following the expiration of sixty-five days from the date	105832
the commissioner receives notice from the board of elections that	105833
the petition is invalid.	105834

~~(B)(1)~~(2) A resolution that is not adopted as an emergency	105835
measure as described in division (E)(2)(a) of this section may	105836
direct the board of elections to submit the question of levying	105837
the tax or increasing the rate of tax to the electors of the	105838
county at a special election held on the date specified by the	105839
board of county commissioners in the resolution, provided that the	105840
election occurs not less than ninety days after a certified copy	105841
of such resolution is transmitted to the board of elections and	105842
the election is not held in February or August of any year. Upon	105843
transmission of the resolution to the board of elections, the	105844
board of county commissioners shall notify the tax commissioner in	105845
writing of the levy question to be submitted to the electors. No	105846
resolution adopted under this division shall go into effect unless	105847
approved by a majority of those voting upon it, and, except as	105848
provided in division ~~(B)(3)~~(F)(4) of this section, shall become	105849
effective on the first day of a calendar quarter following the	105850
expiration of sixty-five days from the date the tax commissioner	105851
receives notice from the board of elections of the affirmative	105852
vote.	105853

~~(2)~~(3) A resolution that is adopted as an emergency measure	105854
as described in division (E)(2)(b) of this section shall go into	105855
effect as provided in that division ~~(A) of this section~~, but may	105856
direct the board of elections to submit the question of repealing	105857
the tax or increase in the rate of the tax to the electors of the	105858
county at the next general election in the county occurring not	105859
less than ninety days after a certified copy of the resolution is	105860
transmitted to the board of elections. Upon transmission of the	105861
resolution to the board of elections, the board of county	105862
commissioners shall notify the tax commissioner in writing of the	105863
levy question to be submitted to the electors. The ballot question	105864
shall be the same as that prescribed in section 5739.022 of the	105865
Revised Code. The board of elections shall notify the board of	105866
county commissioners and the tax commissioner of the result of the	105867
election immediately after the result has been declared. If a	105868
majority of the qualified electors voting on the question of	105869
repealing the tax or increase in the rate of the tax vote for	105870
repeal of the tax or repeal of the increase, the board of county	105871
commissioners, on the first day of a calendar quarter following	105872
the expiration of sixty-five days after the date the board and tax	105873
commissioner receive notice of the result of the election, shall,	105874
in the case of a repeal of the tax, cease to levy the tax, or, in	105875
the case of a repeal of an increase in the rate of the tax, cease	105876
to levy the increased rate and levy the tax at the rate at which	105877
it was imposed immediately prior to the increase in rate.	105878

~~(3)~~(4) If a vendor makes a sale in this state by printed	105879
catalog and the consumer computed the tax on the sale based on	105880
local rates published in the catalog, any tax levied or repealed	105881
or rate changed under this section shall not apply to such a sale	105882
until the first day of a calendar quarter following the expiration	105883
of one hundred twenty days from the date of notice by the tax	105884
commissioner pursuant to division ~~(H)~~(L) of this section.	105885

~~(C)~~(G) If a resolution is rejected at a referendum or if a	105886
resolution adopted after January 1, 1982, as an emergency measure	105887
is repealed by the electors pursuant to division ~~(B)(2)~~(F)(3) of	105888
this section or section 5739.022 of the Revised Code, then for one	105889
year after the date of the election at which the resolution was	105890
rejected or repealed the board of county commissioners may not	105891
adopt any resolution authorized by this section as an emergency	105892
measure.	105893

~~(D)~~(H) The board of county commissioners, at any time while a	105894
tax levied under this section is in effect, may by resolution	105895
reduce the rate at which the tax is levied to a lower rate	105896
authorized by this section. Any reduction in the rate at which the	105897
tax is levied shall be made effective on the first day of a	105898
calendar quarter next following the sixty-fifth day after a	105899
certified copy of the resolution is delivered to the tax	105900
commissioner.	105901

~~(E)~~(I) The tax on every retail sale subject to a tax levied	105902
pursuant to this section shall be in addition to the tax levied by	105903
section 5739.02 of the Revised Code and any tax levied pursuant to	105904
section 5739.023 ~~or 5739.026~~ of the Revised Code.	105905

A county that levies a tax pursuant to this section shall	105906
levy a tax at the same rate pursuant to section 5741.021 of the	105907
Revised Code.	105908

The additional tax levied by the county shall be collected	105909
pursuant to section 5739.025 of the Revised Code. If the	105910
additional tax or some portion thereof is levied for the purpose	105911
of criminal and administrative justice services, the revenue from	105912
the tax, or the amount or rate apportioned to that purpose, shall	105913
be credited to a special fund created in the county treasury for	105914
receipt of that revenue.	105915

Any tax levied pursuant to this section is subject to the	105916
exemptions provided in section 5739.02 of the Revised Code and in	105917
~~addition shall not be applicable~~does not apply to sales not	105918
within the taxing power of a county under the Constitution of the	105919
United States or the Ohio Constitution.	105920

~~(F) For purposes of this section, a copy of a resolution is~~	105921
~~"certified" when it contains a written statement attesting that~~	105922
~~the copy is a true and exact reproduction of the original~~	105923
~~resolution.~~	105924

~~(G)~~(J)(1) If revenue from a tax levied under division (C) of	105925
this section is to be used for more than one of the purposes set	105926
forth in divisions (C)(1) to (11) of this section, the board of	105927
county commissioners shall establish in the resolution levying	105928
that tax the method that will be used to determine the amount or	105929
proportion of the revenue received by the county during each year	105930
that will be distributed for each of those purposes, including, if	105931
applicable, provisions governing the reallocation of a convention	105932
facilities authority's allocation if the authority is dissolved	105933
while the tax is in effect. The allocation method may provide that	105934
different proportions or amounts of the tax shall be distributed	105935
among the purposes in different years, but it shall clearly	105936
describe the method that will be used for each year. Except as	105937
otherwise provided in division (J)(2) of this section, the	105938
allocation method established by the board is not subject to	105939
amendment during the life of the tax.	105940

(2) If, during the life of the tax, the board of county	105941
commissioners intends to amend the allocation method established	105942
under division (J)(1) of this section for any year, the board	105943
shall hold a public hearing on the proposed amendment. An	105944
amendment to the allocation that would reduce the amount of	105945
revenue to be received by any of the entities receiving revenue	105946
under the existing allocation method may not take effect unless	105947
the amendment is approved by the governing board of each such	105948
entity, and any amendment is subject to divisions (J)(2)(a), (b),	105949
(c), and (d) of this section. In the case of a tax that is levied	105950
for a continuing period of time, the board may not amend the	105951
allocation method for any year before the sixth year the tax is in	105952
effect.	105953

(a) If any of the revenue is for a convention facilities	105954
authority and is pledged by the authority for the payment of	105955
convention facilities authority revenue bonds for as long as such	105956
bonds are outstanding, no reduction of the authority's allocation	105957
of the tax shall be made for any year except to the extent that	105958
the reduced authority allocation, when combined with the	105959
authority's other revenues pledged for that purpose, is sufficient	105960
to meet the debt service requirements for that year on such bonds.	105961

(b) If any of the revenue is pledged by the county for the	105962
payment of bonds or notes described in division (C)(4) or (5) of	105963
this section, no reduction of the county's or the community	105964
improvements board's allocation of the tax shall be made for any	105965
year for as long as such bonds or notes are outstanding, except to	105966
the extent that the reduced county or community improvements board	105967
allocation is sufficient to meet the debt service requirements for	105968
that year on such bonds or notes.	105969

(c) If any of the revenue is for a transit authority and is	105970
pledged by the authority for the payment of revenue bonds issued	105971
under section 306.37 of the Revised Code, no reduction of the	105972
authority's allocation of tax shall be made for any year for as	105973
long as such bonds are outstanding, except to the extent that the	105974
authority's reduced allocation, when combined with the authority's	105975
other revenues pledged for that purpose, is sufficient to meet the	105976
debt service requirements for that year on such bonds.	105977

(d) If any of the revenue is pledged by the county for the	105978
payment of bonds or notes issued under section 133.60 of the	105979
Revised Code, no reduction of the county's allocation of the tax	105980
shall be made for any year for so long as the bonds or notes are	105981
outstanding, except to the extent that the reduced county	105982
allocation is sufficient to meet the debt service requirements for	105983
that year on the bonds or notes.	105984

(K) If a board of commissioners intends to adopt a resolution	105985
to levy a tax in whole or in part for the purpose of criminal and	105986
administrative justice services, the board shall prepare and make	105987
available at the first public hearing at which the resolution is	105988
considered a statement containing the following information:	105989

(1) For each of the two preceding fiscal years, the amount of	105990
expenditures made by the county from the county general fund for	105991
the purpose of criminal and administrative justice services;	105992

(2) For the fiscal year in which the resolution is adopted,	105993
the board's estimate of the amount of expenditures to be made by	105994
the county from the county general fund for the purpose of	105995
criminal and administrative justice services;	105996

(3) For each of the two fiscal years after the fiscal year in	105997
which the resolution is adopted, the board's preliminary plan for	105998
expenditures to be made from the county general fund for the	105999
purpose of criminal and administrative justice services, both	106000
under the assumption that the tax will be imposed for that purpose	106001
and under the assumption that the tax would not be imposed for	106002
that purpose, and for expenditures to be made from the special	106003
fund created under division ~~(E)~~(I) of this section under the	106004
assumption that the tax will be imposed for that purpose.	106005

The board shall prepare the statement and the preliminary	106006
plan using the best information available to the board at the time	106007
the statement is prepared. Neither the statement nor the	106008
preliminary plan shall be used as a basis to challenge the	106009
validity of the tax in any court of competent jurisdiction, nor	106010
shall the statement or preliminary plan limit the authority of the	106011
board to appropriate, pursuant to section 5705.38 of the Revised	106012
Code, an amount different from that specified in the preliminary	106013
plan.	106014

~~(H)~~(L) Upon receipt from a board of county commissioners of a	106015
certified copy of a resolution required by division ~~(A)~~(E) or	106016
~~(D)~~(H) of this section, or from the board of elections of a notice	106017
of the results of an election ~~required by~~under division ~~(A) or~~	106018
~~(B)(1) or (2)~~(E) or (F)(2) or (3) of this section, the tax	106019
commissioner shall provide notice of a tax rate change in a manner	106020
that is reasonably accessible to all affected vendors. The	106021
commissioner shall provide this notice at least sixty days prior	106022
to the effective date of the rate change. The commissioner, by	106023
rule, may establish the method by which notice will be provided.	106024

~~(I)~~(M) As used in this section, "criminal and administrative	106025
justice services" means the exercise by the county sheriff of all	106026
powers and duties vested in that office by law; the exercise by	106027
the county prosecuting attorney of all powers and duties vested in	106028
that office by law; the exercise by any court in the county of all	106029
powers and duties vested in that court; the exercise by the clerk	106030
of the court of common pleas, any clerk of a municipal court	106031
having jurisdiction throughout the county, or the clerk of any	106032
county court of all powers and duties vested in the clerk by law	106033
except, in the case of the clerk of the court of common pleas, the	106034
titling of motor vehicles or watercraft pursuant to Chapter 1548.	106035
or 4505. of the Revised Code; the exercise by the county coroner	106036
of all powers and duties vested in that office by law; making	106037
payments to any other public agency or a private, nonprofit	106038
agency, the purposes of which in the county include the diversion,	106039
adjudication, detention, or rehabilitation of criminals or	106040
juvenile offenders; the operation and maintenance of any detention	106041
facility, as defined in section 2921.01 of the Revised Code; and	106042
the construction, acquisition, equipping, or repair of such a	106043
detention facility, including the payment of any debt charges	106044
incurred in the issuance of securities pursuant to Chapter 133. of	106045
the Revised Code for the purpose of constructing, acquiring,	106046
equipping, or repairing such a facility.	106047

Sec. 5739.023. (A)~~(1) For~~Any additional tax levied by a	106048
transit authority under this section that is in effect on August	106049
31, 2013, is hereby repealed, effective September 1, 2013.	106050

(B) Beginning September 1, 2013, and continuing until	106051
otherwise changed by a transit authority as allowed in division	106052
(C) of this section, the rate of additional tax imposed under this	106053
section in the territory of a transit authority is the rate	106054
prescribed by section 5739.0211 of the Revised Code.	106055

(C)(1) Beginning July 1, 2016, for the purpose of providing	106056
additional general revenues for a transit authority and paying the	106057
expenses of administering such levy, any transit authority as	106058
defined in ~~division (U) of~~ section 5739.01 of the Revised Code may	106059
levy a tax upon every retail sale made in the territory of the	106060
transit authority, except sales of watercraft and outboard motors	106061
required to be titled pursuant to Chapter 1548. of the Revised	106062
Code and sales of motor vehicles, at a rate of not more than ~~one~~	106063
~~and one-half per cent at any multiple of one-fourth of one per~~	106064
~~cent and may increase the existing rate of tax to not more than~~	106065
~~one and one-half per cent~~the rate reported by the tax	106066
commissioner under division (G) of section 5739.0211 of the	106067
Revised Code at any multiple of ~~one-fourth~~five one-hundredths of	106068
one per cent. The tax authorized by division (C) of this section	106069
shall be levied and the rate increased pursuant to a resolution of	106070
the legislative authority of the transit authority and a certified	106071
copy of the resolution shall be delivered by the fiscal officer to	106072
the board of elections as provided in section 3505.071 of the	106073
Revised Code and to the tax commissioner. The resolution shall	106074
specify the number of years for which the tax is to be in effect	106075
or that the tax is for a continuing period of time, and the date	106076
of the election on the question of the tax pursuant to section	106077
306.70 of the Revised Code. The board of elections shall certify	106078
the results of the election to the transit authority and tax	106079
commissioner.	106080

(2) Except as provided in division ~~(C)~~(E) of this section,	106081
the tax levied by the resolution shall become effective on the	106082
first day of a calendar quarter next following the sixty-fifth day	106083
following the date the tax commissioner receives from the board of	106084
elections the certification of the results of the election on the	106085
question of the tax.	106086

~~(B) The~~(D) Except during the period beginning July 1, 2013,	106087
and ending June 30, 2016, the legislative authority may, at any	106088
time while the tax is in effect, by resolution fix the rate of the	106089
tax at any rate authorized by this section and not in excess of	106090
that approved by the voters pursuant to section 306.70 of the	106091
Revised Code. Except as provided in division ~~(C)~~(E) of this	106092
section, any change in the rate of the tax shall be made effective	106093
on the first day of a calendar quarter next following the	106094
sixty-fifth day following the date the tax commissioner receives	106095
the certification of the resolution; provided, that in any case	106096
where bonds, or notes in anticipation of bonds, of a regional	106097
transit authority have been issued under section 306.40 of the	106098
Revised Code without a vote of the electors while the tax proposed	106099
to be reduced was in effect, the board of trustees of the regional	106100
transit authority shall continue to levy and collect under	106101
authority of the original election authorizing the tax a rate of	106102
tax that the board of trustees reasonably estimates will produce	106103
an amount in that year equal to the amount of principal of and	106104
interest on those bonds as is payable in that year.	106105

~~(C)~~(E) Upon receipt from the board of elections of the	106106
certification of the results of the election required by division	106107
~~(A)~~(C) of this section, or from the legislative authority of the	106108
certification of a resolution under division ~~(B)~~(D) of this	106109
section, the tax commissioner shall provide notice of a tax rate	106110
change in a manner that is reasonably accessible to all affected	106111
vendors. The commissioner shall provide this notice at least sixty	106112
days prior to the effective date of the rate change. The	106113
commissioner, by rule, may establish the method by which notice	106114
will be provided.	106115

~~(D)~~(F) If a vendor makes a sale in this state by printed	106116
catalog and the consumer computed the tax on the sale based on	106117
local rates published in the catalog, any tax levied or rate	106118
changed under this section shall not apply to such a sale until	106119
the first day of a calendar quarter following the expiration of	106120
one hundred twenty days from the date of notice by the tax	106121
commissioner pursuant to division ~~(C)~~(E) of this section.	106122

~~(E)~~(G) The tax on every retail sale subject to a tax levied	106123
pursuant to this section is in addition to the tax levied by	106124
section 5739.02 of the Revised Code and any tax levied pursuant to	106125
section 5739.021 or 5739.026 of the Revised Code.	106126

~~(F)~~(H) The additional tax levied by the transit authority	106127
shall be collected pursuant to section 5739.025 of the Revised	106128
Code.	106129

~~(G)~~(I) Any tax levied pursuant to this section is subject to	106130
the exemptions provided in section 5739.02 of the Revised Code and	106131
in addition shall not be applicable to sales not within the taxing	106132
power of a transit authority under the constitution of the United	106133
States or the constitution of this state.	106134

~~(H)~~(J) The rate of a tax levied under this section is subject	106135
to reduction under section 5739.028 of the Revised Code, if a	106136
ballot question is approved by voters pursuant to that section.	106137

Sec. 5739.026. (A) AThe authority granted under this	106138
section terminates on the effective date of this section as	106139
amended by ....B. ... of the 130th general assembly. Any tax	106140
levied by a county under this section that is in effect on August	106141
31, 2013, is hereby repealed, effective September 1, 2013.	106142

A board of county commissioners may levy a tax of one-fourth	106143
or one-half of one per cent on every retail sale in the county,	106144
except sales of watercraft and outboard motors required to be	106145
titled pursuant to Chapter 1548. of the Revised Code and sales of	106146
motor vehicles, and may increase an existing rate of one-fourth of	106147
one per cent to one-half of one per cent, to pay the expenses of	106148
administering the tax and, except as provided in division (A)(6)	106149
of this section, for any one or more of the following purposes	106150
provided that the aggregate levy for all such purposes does not	106151
exceed one-half of one per cent:	106152

(1) To provide additional revenues for the payment of bonds	106153
or notes issued in anticipation of bonds issued by a convention	106154
facilities authority established by the board of county	106155
commissioners under Chapter 351. of the Revised Code and to	106156
provide additional operating revenues for the convention	106157
facilities authority;	106158

(2) To provide additional revenues for a transit authority	106159
operating in the county;	106160

(3) To provide additional revenue for the county's general	106161
fund;	106162

(4) To provide additional revenue for permanent improvements	106163
within the county to be distributed by the community improvements	106164
board in accordance with section 307.283 and to pay principal,	106165
interest, and premium on bonds issued under section 307.284 of the	106166
Revised Code;	106167

(5) To provide additional revenue for the acquisition,	106168
construction, equipping, or repair of any specific permanent	106169
improvement or any class or group of permanent improvements, which	106170
improvement or class or group of improvements shall be enumerated	106171
in the resolution required by division (D) of this section, and to	106172
pay principal, interest, premium, and other costs associated with	106173
the issuance of bonds or notes in anticipation of bonds issued	106174
pursuant to Chapter 133. of the Revised Code for the acquisition,	106175
construction, equipping, or repair of the specific permanent	106176
improvement or class or group of permanent improvements;	106177

(6) To provide revenue for the implementation and operation	106178
of a 9-1-1 system in the county. If the tax is levied or the rate	106179
increased exclusively for such purpose, the tax shall not be	106180
levied or the rate increased for more than five years. At the end	106181
of the last year the tax is levied or the rate increased, any	106182
balance remaining in the special fund established for such purpose	106183
shall remain in that fund and be used exclusively for such purpose	106184
until the fund is completely expended, and, notwithstanding	106185
section 5705.16 of the Revised Code, the board of county	106186
commissioners shall not petition for the transfer of money from	106187
such special fund, and the tax commissioner shall not approve such	106188
a petition.	106189

If the tax is levied or the rate increased for such purpose	106190
for more than five years, the board of county commissioners also	106191
shall levy the tax or increase the rate of the tax for one or more	106192
of the purposes described in divisions (A)(1) to (5) of this	106193
section and shall prescribe the method for allocating the revenues	106194
from the tax each year in the manner required by division (C) of	106195
this section.	106196

(7) To provide additional revenue for the operation or	106197
maintenance of a detention facility, as that term is defined under	106198
division (F) of section 2921.01 of the Revised Code;	106199

(8) To provide revenue to finance the construction or	106200
renovation of a sports facility, but only if the tax is levied for	106201
that purpose in the manner prescribed by section 5739.028 of the	106202
Revised Code.	106203

As used in division (A)(8) of this section:

106204

(a) "Sports facility" means a facility intended to house	106205
major league professional athletic teams.	106206

(b) "Constructing" or "construction" includes providing	106207
fixtures, furnishings, and equipment.	106208

(9) To provide additional revenue for the acquisition of	106209
agricultural easements, as defined in section 5301.67 of the	106210
Revised Code; to pay principal, interest, and premium on bonds	106211
issued under section 133.60 of the Revised Code; and for the	106212
supervision and enforcement of agricultural easements held by the	106213
county;	106214

(10) To provide revenue for the provision of ambulance,	106215
paramedic, or other emergency medical services.	106216

Pursuant to section 755.171 of the Revised Code, a board of	106217
county commissioners may pledge and contribute revenue from a tax	106218
levied for the purpose of division (A)(5) of this section to the	106219
payment of debt charges on bonds issued under section 755.17 of	106220
the Revised Code.	106221

The rate of tax shall be a multiple of one-fourth of one per	106222
cent, unless a portion of the rate of an existing tax levied under	106223
section 5739.023 of the Revised Code has been reduced, and the	106224
rate of tax levied under this section has been increased, pursuant	106225
to section 5739.028 of the Revised Code, in which case the	106226
aggregate of the rates of tax levied under this section and	106227
section 5739.023 of the Revised Code shall be a multiple of	106228
one-fourth of one per cent. The tax shall be levied and the rate	106229
increased pursuant to a resolution adopted by a majority of the	106230
members of the board. The board shall deliver a certified copy of	106231
the resolution to the tax commissioner, not later than the	106232
sixty-fifth day prior to the date on which the tax is to become	106233
effective, which shall be the first day of a calendar quarter.	106234

Prior to the adoption of any resolution to levy the tax or to	106235
increase the rate of tax exclusively for the purpose set forth in	106236
division (A)(3) of this section, the board of county commissioners	106237
shall conduct two public hearings on the resolution, the second	106238
hearing to be no fewer than three nor more than ten days after the	106239
first. Notice of the date, time, and place of the hearings shall	106240
be given by publication in a newspaper of general circulation in	106241
the county, or as provided in section 7.16 of the Revised Code,	106242
once a week on the same day of the week for two consecutive weeks.	106243
The second publication shall be no fewer than ten nor more than	106244
thirty days prior to the first hearing. Except as provided in	106245
division (E) of this section, the resolution shall be subject to a	106246
referendum as provided in sections 305.31 to 305.41 of the Revised	106247
Code. If the resolution is adopted as an emergency measure	106248
necessary for the immediate preservation of the public peace,	106249
health, or safety, it must receive an affirmative vote of all of	106250
the members of the board of county commissioners and shall state	106251
the reasons for the necessity.	106252

If the tax is for more than one of the purposes set forth in	106253
divisions (A)(1) to (7), (9), and (10) of this section, or is	106254
exclusively for one of the purposes set forth in division (A)(1),	106255
(2), (4), (5), (6), (7), (9), or (10) of this section, the	106256
resolution shall not go into effect unless it is approved by a	106257
majority of the electors voting on the question of the tax.	106258

(B) The board of county commissioners shall adopt a	106259
resolution under section 351.02 of the Revised Code creating the	106260
convention facilities authority, or under section 307.283 of the	106261
Revised Code creating the community improvements board, before	106262
adopting a resolution levying a tax for the purpose of a	106263
convention facilities authority under division (A)(1) of this	106264
section or for the purpose of a community improvements board under	106265
division (A)(4) of this section.	106266

(C)(1) If the tax is to be used for more than one of the	106267
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	106268
this section, the board of county commissioners shall establish	106269
the method that will be used to determine the amount or proportion	106270
of the tax revenue received by the county during each year that	106271
will be distributed for each of those purposes, including, if	106272
applicable, provisions governing the reallocation of a convention	106273
facilities authority's allocation if the authority is dissolved	106274
while the tax is in effect. The allocation method may provide that	106275
different proportions or amounts of the tax shall be distributed	106276
among the purposes in different years, but it shall clearly	106277
describe the method that will be used for each year. Except as	106278
otherwise provided in division (C)(2) of this section, the	106279
allocation method established by the board is not subject to	106280
amendment during the life of the tax.	106281

(2) Subsequent to holding a public hearing on the proposed	106282
amendment, the board of county commissioners may amend the	106283
allocation method established under division (C)(1) of this	106284
section for any year, if the amendment is approved by the	106285
governing board of each entity whose allocation for the year would	106286
be reduced by the proposed amendment. In the case of a tax that is	106287
levied for a continuing period of time, the board may not so amend	106288
the allocation method for any year before the sixth year that the	106289
tax is in effect.	106290

(a) If the additional revenues provided to the convention	106291
facilities authority are pledged by the authority for the payment	106292
of convention facilities authority revenue bonds for as long as	106293
such bonds are outstanding, no reduction of the authority's	106294
allocation of the tax shall be made for any year except to the	106295
extent that the reduced authority allocation, when combined with	106296
the authority's other revenues pledged for that purpose, is	106297
sufficient to meet the debt service requirements for that year on	106298
such bonds.	106299

(b) If the additional revenues provided to the county are	106300
pledged by the county for the payment of bonds or notes described	106301
in division (A)(4) or (5) of this section, for as long as such	106302
bonds or notes are outstanding, no reduction of the county's or	106303
the community improvements board's allocation of the tax shall be	106304
made for any year, except to the extent that the reduced county or	106305
community improvements board allocation is sufficient to meet the	106306
debt service requirements for that year on such bonds or notes.	106307

(c) If the additional revenues provided to the transit	106308
authority are pledged by the authority for the payment of revenue	106309
bonds issued under section 306.37 of the Revised Code, for as long	106310
as such bonds are outstanding, no reduction of the authority's	106311
allocation of tax shall be made for any year, except to the extent	106312
that the authority's reduced allocation, when combined with the	106313
authority's other revenues pledged for that purpose, is sufficient	106314
to meet the debt service requirements for that year on such bonds.	106315

(d) If the additional revenues provided to the county are	106316
pledged by the county for the payment of bonds or notes issued	106317
under section 133.60 of the Revised Code, for so long as the bonds	106318
or notes are outstanding, no reduction of the county's allocation	106319
of the tax shall be made for any year, except to the extent that	106320
the reduced county allocation is sufficient to meet the debt	106321
service requirements for that year on the bonds or notes.	106322

(D)(1) The resolution levying the tax or increasing the rate	106323
of tax shall state the rate of the tax or the rate of the	106324
increase; the purpose or purposes for which it is to be levied;	106325
the number of years for which it is to be levied or that it is for	106326
a continuing period of time; the allocation method required by	106327
division (C) of this section; and if required to be submitted to	106328
the electors of the county under division (A) of this section, the	106329
date of the election at which the proposal shall be submitted to	106330
the electors of the county, which shall be not less than ninety	106331
days after the certification of a copy of the resolution to the	106332
board of elections and, if the tax is to be levied exclusively for	106333
the purpose set forth in division (A)(3) of this section, shall	106334
not occur in February or August of any year. Upon certification of	106335
the resolution to the board of elections, the board of county	106336
commissioners shall notify the tax commissioner in writing of the	106337
levy question to be submitted to the electors. If approved by a	106338
majority of the electors, the tax shall become effective on the	106339
first day of a calendar quarter next following the sixty-fifth day	106340
following the date the board of county commissioners and tax	106341
commissioner receive from the board of elections the certification	106342
of the results of the election, except as provided in division (E)	106343
of this section.	106344

(2)(a) A resolution specifying that the tax is to be used	106345
exclusively for the purpose set forth in division (A)(3) of this	106346
section that is not adopted as an emergency measure may direct the	106347
board of elections to submit the question of levying the tax or	106348
increasing the rate of the tax to the electors of the county at a	106349
special election held on the date specified by the board of county	106350
commissioners in the resolution, provided that the election occurs	106351
not less than ninety days after the resolution is certified to the	106352
board of elections and the election is not held in February or	106353
August of any year. Upon certification of the resolution to the	106354
board of elections, the board of county commissioners shall notify	106355
the tax commissioner in writing of the levy question to be	106356
submitted to the electors. No resolution adopted under division	106357
(D)(2)(a) of this section shall go into effect unless approved by	106358
a majority of those voting upon it and, except as provided in	106359
division (E) of this section, not until the first day of a	106360
calendar quarter following the expiration of sixty-five days from	106361
the date the tax commissioner receives notice from the board of	106362
elections of the affirmative vote.	106363

(b) A resolution specifying that the tax is to be used	106364
exclusively for the purpose set forth in division (A)(3) of this	106365
section that is adopted as an emergency measure shall become	106366
effective as provided in division (A) of this section, but may	106367
direct the board of elections to submit the question of repealing	106368
the tax or increase in the rate of the tax to the electors of the	106369
county at the next general election in the county occurring not	106370
less than ninety days after the resolution is certified to the	106371
board of elections. Upon certification of the resolution to the	106372
board of elections, the board of county commissioners shall notify	106373
the tax commissioner in writing of the levy question to be	106374
submitted to the electors. The ballot question shall be the same	106375
as that prescribed in section 5739.022 of the Revised Code. The	106376
board of elections shall notify the board of county commissioners	106377
and the tax commissioner of the result of the election immediately	106378
after the result has been declared. If a majority of the qualified	106379
electors voting on the question of repealing the tax or increase	106380
in the rate of the tax vote for repeal of the tax or repeal of the	106381
increase, the board of county commissioners, on the first day of a	106382
calendar quarter following the expiration of sixty-five days after	106383
the date the board and tax commissioner received notice of the	106384
result of the election, shall, in the case of a repeal of the tax,	106385
cease to levy the tax, or, in the case of a repeal of an increase	106386
in the rate of the tax, cease to levy the increased rate and levy	106387
the tax at the rate at which it was imposed immediately prior to	106388
the increase in rate.	106389

(c) A board of county commissioners, by resolution, may	106390
reduce the rate of a tax levied exclusively for the purpose set	106391
forth in division (A)(3) of this section to a lower rate	106392
authorized by this section. Any such reduction shall be made	106393
effective on the first day of the calendar quarter next following	106394
the sixty-fifth day after the tax commissioner receives a	106395
certified copy of the resolution from the board.	106396

(E) If a vendor makes a sale in this state by printed catalog	106397
and the consumer computed the tax on the sale based on local rates	106398
published in the catalog, any tax levied or repealed or rate	106399
changed under this section shall not apply to such a sale until	106400
the first day of a calendar quarter following the expiration of	106401
one hundred twenty days from the date of notice by the tax	106402
commissioner pursuant to division (G) of this section.	106403

(F) The tax levied pursuant to this section shall be in	106404
addition to the tax levied by section 5739.02 of the Revised Code	106405
and any tax levied pursuant to section 5739.021 or 5739.023 of the	106406
Revised Code.	106407

A county that levies a tax pursuant to this section shall	106408
levy a tax at the same rate pursuant to section 5741.023 of the	106409
Revised Code.	106410

The additional tax levied by the county shall be collected	106411
pursuant to section 5739.025 of the Revised Code.	106412

Any tax levied pursuant to this section is subject to the	106413
exemptions provided in section 5739.02 of the Revised Code and in	106414
addition shall not be applicable to sales not within the taxing	106415
power of a county under the Constitution of the United States or	106416
the Ohio Constitution.	106417

(G) Upon receipt from a board of county commissioners of a	106418
certified copy of a resolution required by division (A) of this	106419
section, or from the board of elections a notice of the results of	106420
an election required by division (D)(1), (2)(a), (b), or (c) of	106421
this section, the tax commissioner shall provide notice of a tax	106422
rate change in a manner that is reasonably accessible to all	106423
affected vendors. The commissioner shall provide this notice at	106424
least sixty days prior to the effective date of the rate change.	106425
The commissioner, by rule, may establish the method by which	106426
notice will be provided.	106427

Sec. 5739.027. (A) Notwithstanding sections 5739.02,	106428
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	106429
5741.023 of the Revised Code, the tax due on the sale to a	106430
consumer who is a nonresident of this state of a watercraft or	106431
outboard motor required to be titled pursuant to Chapter 1548. of	106432
the Revised Code, or on the sale of a watercraft documented or to	106433
be documented with the United States coast guard, shall be the	106434
lesser of the combined tax rate in effect at the location of the	106435
vendor or the sales, use, or similar excise tax that the consumer	106436
would owe in the state of the consumer's intended titling,	106437
registration, or use of the watercraft or outboard motor, if all	106438
of the following apply:	106439

(1) The consumer immediately will remove the watercraft or	106440
outboard motor from this state for use outside this state;	106441

(2) The consumer will title or register the watercraft or	106442
outboard motor in another state, if such titling or registration	106443
is required;	106444

(3) The consumer will pay all applicable sales, use, or	106445
similar excise taxes due in the state of titling, registration, or	106446
use;	106447

(4) The state of titling, registration, or use grants a	106448
credit against its sales, use, or similar excise tax for tax paid	106449
to this state;	106450

(5) The consumer executes the affidavit specified in division	106451
(C) of this section.	106452

The vendor shall collect the tax and remit it to the state in	106453
the manner specified by the tax commissioner.	106454

(B) If all of the conditions specified in division (A) of	106455
this section exist, except that the state of titling,	106456
registration, or use does not grant a credit for sales or use tax	106457
paid to this state, or that the consumer's ownership or use of the	106458
watercraft or outboard motor is exempt or otherwise not taxable in	106459
such other state, the consumer may take title to and possession of	106460
the watercraft or outboard motor without payment of any sales or	106461
use tax to this state.	106462

(C) Every nonresident consumer who purchases a watercraft or	106463
outboard motor, as described in division (A) of this section, for	106464
immediate removal from this state shall execute an affidavit in	106465
triplicate, in such form as the tax commissioner specifies,	106466
affirming such facts and specifying the consumer's tax liability	106467
in the intended state of titling, registration, or use. The	106468
affidavit shall be given to the vendor. The vendor shall retain a	106469
copy of the affidavit and file another copy with the clerk of the	106470
court of common pleas if the vendor is procuring an Ohio title on	106471
behalf of the consumer. The original copy of the affidavit shall	106472
be filed with the tax commissioner in the manner prescribed by the	106473
tax commissioner.	106474

(D) If the vendor procures a title on behalf of the	106475
nonresident consumer from the clerk of the court of common pleas	106476
of the county where the vendor is located on the sale of a	106477
watercraft or outboard motor, the vendor shall file the affidavit	106478
specified in division (C) of this section with the clerk. The	106479
clerk shall issue the title without requiring payment of a sales	106480
or use tax.	106481

(E) If the watercraft or outboard motor is purchased by a	106482
corporation described in division (B)~~(6)~~(8) of section 5739.01 of	106483
the Revised Code, for purposes of this section the state of	106484
residence of the consumer shall be the state of residence of the	106485
principal shareholder.	106486

(F) For purposes of this section, the consideration received	106487
for watercraft trailers not required to be titled pursuant to	106488
Chapter 4505. of the Revised Code and other accessories, which are	106489
transferred to a nonresident consumer with the watercraft or	106490
outboard motor, is part of the price of the watercraft or outboard	106491
motor, provided that such consideration is included in the price	106492
of the watercraft or outboard motor as reported by the vendor.	106493
Tangible personal property sold separately to the nonresident	106494
consumer shall be taxed as otherwise provided in this chapter and	106495
Chapter 5741. of the Revised Code.	106496

(G) A vendor who in good faith accepts an affidavit provided	106497
by a nonresident consumer pursuant to division (C) of this section	106498
may rely upon the representations made in the affidavit.	106499

(H) All provisions of this chapter and of Chapter 5741. of	106500
the Revised Code that are not inconsistent with this section apply	106501
to transactions described in this section.	106502

(I) Any vendor who makes sales described in this section	106503
shall file with the tax commissioner any supplemental report or	106504
return the tax commissioner considers necessary for the efficient	106505
administration and enforcement of this section.	106506

Sec. 5739.029. (A) Notwithstanding sections 5739.02,	106507
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	106508
5741.023 of the Revised Code, and except as otherwise provided in	106509
division (B) of this section, the tax due under this chapter on	106510
the sale of a motor vehicle required to be titled under Chapter	106511
4505. of the Revised Code by a motor vehicle dealer to a consumer	106512
that is a nonresident of this state shall be the lesser of the	106513
amount of tax that would be due under this chapter and Chapter	106514
5741. of the Revised Code if the total combined rate were six per	106515
cent, or the amount of tax that would be due to the state in which	106516
the consumer titles or registers the motor vehicle or to which the	106517
consumer removes the vehicle for use.	106518

(B) No tax is due under this section, any other section of	106519
this chapter, or Chapter 5741. of the Revised Code under any of	106520
the following circumstances:	106521

(1)(a) The consumer intends to immediately remove the motor	106522
vehicle from this state for use outside this state;	106523

(b) Upon removal of the motor vehicle from this state, the	106524
consumer intends to title or register the vehicle in another state	106525
if such titling or registration is required;	106526

(c) The consumer executes an affidavit as required under	106527
division (C) of this section affirming the consumer's intentions	106528
under divisions (B)(1)(a) and (b) of this section; and	106529

(d) The state in which the consumer titles or registers the	106530
motor vehicle or to which the consumer removes the vehicle for use	106531
provides an exemption under circumstances substantially similar to	106532
those described in division (B)(1) of this section.	106533

(2) The state in which the consumer titles or registers the	106534
motor vehicle or to which the consumer removes the vehicle for use	106535
does not provide a credit against its sales or use tax or similar	106536
excise tax for sales or use tax paid to this state.	106537

(3) The state in which the consumer titles or registers the	106538
motor vehicle or to which the consumer removes the vehicle for use	106539
does not impose a sales or use tax or similar excise tax on the	106540
ownership or use of motor vehicles.	106541

(C) Any nonresident consumer that purchases a motor vehicle	106542
from a motor vehicle dealer in this state under the circumstances	106543
described in divisions (B)(1)(a) and (b) of this section shall	106544
execute an affidavit affirming the intentions described in those	106545
divisions. The affidavit shall be executed in triplicate and in	106546
the form specified by the tax commissioner. The affidavit shall be	106547
given to the motor vehicle dealer.	106548

A motor vehicle dealer that accepts in good faith an	106549
affidavit presented under this division by a nonresident consumer	106550
may rely upon the representations made in the affidavit.	106551

(D) A motor vehicle dealer making a sale subject to the tax	106552
under division (A) of this section shall collect the tax due	106553
unless the sale is subject to the exception under division (B) of	106554
this section or unless the sale is not otherwise subject to taxes	106555
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,	106556
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In	106557
the case of a sale under the circumstances described in division	106558
(B)(1) of this section, the dealer shall retain one copy of the	106559
affidavit and file the original and the other copy with the clerk	106560
of the court of common pleas. If tax is due under division (A) of	106561
this section, the dealer shall remit the tax collected to the	106562
clerk at the time the dealer obtains the Ohio certificate of title	106563
in the name of the consumer as required under section 4505.06 of	106564
the Revised Code. The clerk shall forward the original affidavit	106565
to the tax commissioner in the manner prescribed by the	106566
commissioner.	106567

Unless a sale is excepted from taxation under division (B) of	106568
this section, upon receipt of an application for certificate of	106569
title a clerk of the court of common pleas shall collect the sales	106570
tax due under division (A) of this section. The clerk shall remit	106571
the tax collected to the tax commissioner in the manner prescribed	106572
by the commissioner.	106573

(E) If a motor vehicle is purchased by a corporation	106574
described in division (B)~~(6)~~(8) of section 5739.01 of the Revised	106575
Code, the state of residence of the consumer for the purposes of	106576
this section is the state of residence of the corporation's	106577
principal shareholder.	106578

(F) Any provision of this chapter or of Chapter 5741. of the	106579
Revised Code that is not inconsistent with this section applies to	106580
sales described in division (A) of this section.	106581

(G) As used in this section:

106582

(1) For the purposes of this section only, the sale or	106583
purchase of a motor vehicle does not include a lease or rental of	106584
a motor vehicle subject to division (A)(2) or (3) of section	106585
5739.02 or division (A)(2) or (3) of section 5741.02 of the	106586
Revised Code;	106587

(2) "State," except in reference to "this state," means any	106588
state, district, commonwealth, or territory of the United States	106589
and any province of Canada.	106590

Sec. 5739.0211. (A) For the period September 1, 2013,	106591
through March 31, 2015, the additional tax imposed in each county	106592
under section 5739.021 of the Revised Code shall be as follows:	106593

				106594
County	Tax Rate	County	Tax Rate	106595
Adams	1.35%	Licking	1.20%	106596
Allen	0.80%	Logan	1.10%	106597
Ashland	1.00%	Lorain	0.60%	106598
Ashtabula	0.80%	Lucas	1.00%	106599
Athens	1.10%	Madison	1.00%	106600
Auglaize	1.20%	Mahoning	0.80%	106601
Belmont	1.20%	Marion	0.80%	106602
Brown	1.35%	Medina	0.80%	106603
Butler	0.60%	Meigs	1.35%	106604
Carroll	0.90%	Mercer	1.20%	106605
Champaign	1.20%	Miami	1.00%	106606
Clark	1.20%	Monroe	1.20%	106607
Clermont	0.80%	Montgomery	0.75%	106608
Clinton	1.20%	Morgan	1.35%	106609
Columbiana	1.20%	Morrow	1.35%	106610
Coshocton	1.20%	Muskingum	1.20%	106611
Crawford	1.20%	Noble	1.35%	106612
Cuyahoga	0.80%	Ottawa	1.00%	106613
Darke	1.20%	Paulding	1.20%	106614
Defiance	0.80%	Perry	1.35%	106615
Delaware	0.80%	Pickaway	1.20%	106616
Erie	0.65%	Pike	1.20%	106617
Fairfield	0.80%	Portage	0.80%	106618
Fayette	1.20%	Preble	1.20%	106619
Franklin	0.50%	Putnam	1.20%	106620
Fulton	1.20%	Richland	1.00%	106621
Gallia	1.00%	Ross	1.20%	106622
Geauga	0.75%	Sandusky	1.20%	106623
Greene	0.80%	Scioto	1.20%	106624
Guernsey	1.20%	Seneca	1.20%	106625
Hamilton	0.65%	Shelby	1.10%	106626
Hancock	0.75%	Stark	0.40%	106627
Hardin	1.35%	Summit	0.35%	106628
Harrison	1.35%	Trumbull	0.80%	106629
Henry	1.20%	Tuscarawas	0.80%	106630
Highland	1.20%	Union	1.00%	106631
Hocking	1.10%	Van Wert	1.20%	106632
Holmes	0.80%	Vinton	1.35%	106633
Huron	1.20%	Warren	0.65%	106634
Jackson	1.20%	Washington	1.20%	106635
Jefferson	1.20%	Wayne	0.60%	106636
Knox	0.80%	Williams	1.20%	106637
Lake	0.75%	Wood	0.75%	106638
Lawrence	1.35%	Wyandot	1.20%	106639

(B) For the period beginning September 1, 2013, and ending	106640
March 31, 2015, the rate of tax levied in the territory of a	106641
transit authority under section 5739.023 of the Revised Code shall	106642
be as follows:	106643

		106644
Transit Authority	Tax Rate	106645
		106646
Greater Cleveland Regional Transit Authority	0.65%	106647
Central Ohio Regional Transit Authority	0.30%	106648
Laketran Transit Authority	0.20%	106649
Metro Regional Transit Authority	0.35%	106650
Miami Valley Regional Transit Authority	0.35%	106651
Portage Area Regional Transit Authority	0.20%	106652
Stark Area Regional Transit Authority	0.20%	106653
Western Reserve Transit Authority	0.20%	106654

(C) Effective April 1, 2015, the additional rate of tax	106655
imposed in each county under sections 5739.021 and 5741.021 of the	106656
Revised Code shall be based on computations performed by the tax	106657
commissioner for the county pursuant to division (C) of this	106658
section.	106659

On or before January 31, 2015, the tax commissioner shall do	106660
the following:	106661

(1) Compute a fraction whose numerator is derived under	106662
division (C)(1)(a) of this section and whose denominator is	106663
derived under division (C)(1)(b) of this section. The fraction	106664
computed for each county shall be carried out to four decimal	106665
places and values for the remaining decimal places shall be	106666
disregarded. The fraction shall be rounded pursuant to division	106667
(C)(2) of this section.	106668

(a) The sum of the amounts identified under division	106669
(B)(4)(b) of section 5739.21 of the Revised Code for the period	106670
November 2013 through October 2014;	106671

(b) The sum of the monthly proceeds for the period November	106672
2013 through October 2014 as identified by the tax commissioner	106673
under divisions (B)(1) and (2) of section 5739.21 of the Revised	106674
Code, divided by the tax rate in effect during such period as	106675
required by division (A) of this section.	106676

(2) Round the fraction computed for each county under	106677
division (C)(1) of this section up to the nearest five	106678
one-hundredths per cent if the fourth decimal place of the	106679
fraction equals two, three, four, seven, eight, or nine, and round	106680
down to the nearest five one-hundredths per cent if the fourth	106681
decimal place equals one or six.	106682

(3) Report the rounded fraction derived by division (C)(2) of	106683
this section as the tax rate to be imposed in the county beginning	106684
April 1, 2015.	106685

(D) Effective April 1, 2015, the rate of tax imposed in the	106686
territory of each transit authority under sections 5739.023 and	106687
5741.022 of the Revised Code shall be based on computations	106688
performed by the tax commissioner for the transit authority	106689
pursuant to division (D) of this section.	106690

On or before January 31, 2015, the tax commissioner shall do	106691
the following:	106692

(1) Compute a fraction whose numerator is derived under	106693
division (D)(1)(a) of this section and whose denominator is	106694
derived under division (D)(1)(b) of this section. The fraction	106695
computed for each transit authority shall be carried out to four	106696
decimal places and values for the remaining decimal places shall	106697
be disregarded. The fraction shall be rounded pursuant to division	106698
(D)(2) of this section.	106699

(a) The sum of the amounts identified pursuant to division	106700
(B)(4)(b) of section 5739.21 of the Revised Code for the period	106701
November 2013 through October 2014;	106702

(b) The sum of the monthly proceeds for the period November	106703
2013 through October 2014 as identified by the tax commissioner	106704
under divisions (B)(1) and (2) of section 5739.21 of the Revised	106705
Code, divided by the tax rate in effect during such period as	106706
required by division (A) of this section.	106707

(2) Round the fraction computed for each transit authority	106708
under division (D)(1) of this section up to the nearest five	106709
one-hundredths per cent if the fourth decimal place of the	106710
fraction equals two, three, four, seven, eight, or nine, and round	106711
down to the nearest five one-hundredths per cent if the fourth	106712
decimal place equals one or six.	106713

(3) Report the rounded fraction computed under division	106714
(D)(2) of this section as the tax rate to be imposed in the	106715
territory of the transit authority beginning April 1, 2015.	106716

(E) Effective April 1, 2016, the additional tax imposed in	106717
each county under sections 5739.021 and 5741.021 of the Revised	106718
Code shall be based on computations performed by the tax	106719
commissioner for the county pursuant to division (E) of this	106720
section.	106721

On or before January 31, 2016, the tax commissioner shall do	106722
the following:	106723

(1) Compute a fraction whose numerator is derived under	106724
division (E)(1)(a) of this section and whose denominator is	106725
derived under division (E)(1)(b) of this section. The fraction	106726
computed for each county shall be carried out to four decimal	106727
places and values for the remaining decimal places shall be	106728
disregarded. The fraction shall be rounded pursuant to division	106729
(E)(2) of this section.	106730

(a) The sum of the amounts derived for the period November	106731
2014 through April 2015 under division (B)(4)(b) of section	106732
5739.21 of the Revised Code and the monthly proceeds for the	106733
period May 2015 through October 2015 under divisions (B)(1) and	106734
(2) of section 5739.21 of the Revised Code;	106735

(b) The sum of the monthly proceeds for the period November	106736
2014 through October 2015 as identified by the tax commissioner	106737
under divisions (B)(1) and (2) of section 5739.21 of the Revised	106738
Code, divided by the tax rates in effect during such period under	106739
division (A) of this section.	106740

(2) Round the fraction computed for each county under	106741
division (E)(1) of this section up to the nearest five	106742
one-hundredths per cent if the fourth decimal place of the	106743
fraction equals two, three, four, seven, eight, or nine, and round	106744
down to the nearest five one-hundredths per cent if the fourth	106745
decimal place equals one or six.	106746

(3) Report the rounded fraction derived by division (E)(2) of	106747
this section as the tax rate to be imposed in the county effective	106748
April 1, 2016.	106749

(F) Effective April 1, 2016, the rate of tax imposed in the	106750
territory of each transit authority under sections 5739.023 and	106751
5741.022 of the Revised Code shall be based on computations	106752
performed by the tax commissioner for the transit authority under	106753
division (F) of this section.	106754

On or before January 31, 2016, the tax commissioner shall do	106755
the following:	106756

(1) Compute a fraction whose numerator is derived under	106757
division (F)(1)(a) of this section and whose denominator is	106758
derived under division (F)(1)(b) of this section. The fraction	106759
computed for each transit authority shall be carried out to four	106760
decimal places and values for the remaining decimal places shall	106761
be disregarded. The fraction shall then be rounded pursuant to	106762
division (F)(2) of this section.	106763

(a) The sum of the amounts derived for the period November	106764
2014 through April 2015 under division (B)(4)(b) of section	106765
5739.21 of the Revised Code and the monthly proceeds for the	106766
period May 2015 through October 2015 under divisions (B)(1) and	106767
(2) of section 5739.21 of the Revised Code;	106768

(b) The sum of the monthly proceeds for the period November	106769
2014 through October 2015 as identified by the tax commissioner	106770
under divisions (B)(1) and (2) of section 5739.21 of the Revised	106771
Code, divided by the tax rate in effect during such period as	106772
required by division (A) of this section.	106773

(2) Round the fraction computed for each transit authority	106774
under division (F)(1) of this section up to the nearest five	106775
one-hundredths per cent if the fourth decimal place of the	106776
fraction equals two, three, four, seven, eight, or nine, and round	106777
down to the nearest five one-hundredths per cent if the fourth	106778
decimal place equals one or six.	106779

(3) Report the rounded fraction derived by division (F)(2) of	106780
this section as the tax rate to be imposed in the territory of the	106781
transit authority effective April 1, 2016.	106782

(G) On or before January 31, 2016, the tax commissioner shall	106783
do the following:	106784

(1) Identify the total combined tax rate for taxes levied by	106785
each county under sections 5739.021 and 5739.026 of the Revised	106786
Code as of April 1, 2013, and the tax rate levied by each transit	106787
authority under section 5739.023 of the Revised Code as of April	106788
1, 2013;	106789

(2) Identify the tax rate determined for each county as	106790
computed under division (E) of this section and the tax rate	106791
determined for each transit authority as computed under division	106792
(F) of this section;	106793

(3) Divide the tax rate for each county and transit authority	106794
as identified under division (G)(2) of this section by the tax	106795
rate for that county or transit authority as identified under	106796
division (G)(1) of this section;	106797

(4) Determine the largest fraction produced by the	106798
computations performed under division (G)(3) of this section;	106799

(5) Multiply the fraction determined under division (G)(4) of	106800
this section by one and one-half per cent;	106801

(6) Round the fraction determined under division (G)(5) of	106802
this section to the nearest five one-hundredths per cent;	106803

(7) Report the rounded fraction determined under division	106804
(G)(6) of this section as the largest allowable tax rate that may	106805
be imposed by a county under sections 5739.021 and 5741.021 of the	106806
Revised Code and by a transit authority under sections 5739.022	106807
and 5739.023 of the Revised Code on and after July 1, 2016.	106808

(H) The tax commissioner shall post the calculations required	106809
by divisions (C), (D), (E), and (F) of this section on the	106810
department of taxation's web site.	106811

Sec. 5739.03. (A) Except as provided in section 5739.05 or	106812
section 5739.051 of the Revised Code, the tax imposed by or	106813
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	106814
the Revised Code shall be paid by the consumer to the vendor, and	106815
each vendor shall collect from the consumer, as a trustee for the	106816
state of Ohio, the full and exact amount of the tax payable on	106817
each taxable sale, in the manner and at the times provided as	106818
follows:	106819

(1) If the price is, at or prior to the provision of the	106820
service or the delivery of possession of the thing sold to the	106821
consumer, paid in currency passed from hand to hand by the	106822
consumer or the consumer's agent to the vendor or the vendor's	106823
agent, the vendor or the vendor's agent shall collect the tax with	106824
and at the same time as the price;	106825

(2) If the price is otherwise paid or to be paid, the vendor	106826
or the vendor's agent shall, at or prior to the provision of the	106827
service or the delivery of possession of the thing sold to the	106828
consumer, charge the tax imposed by or pursuant to section	106829
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to	106830
the account of the consumer, which amount shall be collected by	106831
the vendor from the consumer in addition to the price. Such sale	106832
shall be reported on and the amount of the tax applicable thereto	106833
shall be remitted with the return for the period in which the sale	106834
is made, and the amount of the tax shall become a legal charge in	106835
favor of the vendor and against the consumer.	106836

(B)(1)(a) If any sale is claimed to be exempt under division	106837
(E) of section 5739.01 of the Revised Code or under section	106838
5739.02 of the Revised Code, with the exception of divisions	106839
(B)(1) to ~~(11)~~(10) or (28) of section 5739.02 of the Revised Code,	106840
the consumer must provide to the vendor, and the vendor must	106841
obtain from the consumer, a certificate specifying the reason that	106842
the sale is not legally subject to the tax. The certificate shall	106843
be in such form, and shall be provided either in a hard copy form	106844
or electronic form, as the tax commissioner prescribes.	106845

(b) A vendor that obtains a fully completed exemption	106846
certificate from a consumer is relieved of liability for	106847
collecting and remitting tax on any sale covered by that	106848
certificate. If it is determined the exemption was improperly	106849
claimed, the consumer shall be liable for any tax due on that sale	106850
under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter	106851
5741. of the Revised Code. Relief under this division from	106852
liability does not apply to any of the following:	106853

(i) A vendor that fraudulently fails to collect tax;

106854

(ii) A vendor that solicits consumers to participate in the	106855
unlawful claim of an exemption;	106856

(iii) A vendor that accepts an exemption certificate from a	106857
consumer that claims an exemption based on who purchases or who	106858
sells property or a service, when the subject of the transaction	106859
sought to be covered by the exemption certificate is actually	106860
received by the consumer at a location operated by the vendor in	106861
this state, and this state has posted to its web site an exemption	106862
certificate form that clearly and affirmatively indicates that the	106863
claimed exemption is not available in this state;	106864

(iv) A vendor that accepts an exemption certificate from a	106865
consumer who claims a multiple points of use exemption under	106866
division (D) of section 5739.033 of the Revised Code, if the item	106867
purchased is tangible personal property, other than prewritten	106868
computer software.	106869

(2) The vendor shall maintain records, including exemption	106870
certificates, of all sales on which a consumer has claimed an	106871
exemption, and provide them to the tax commissioner on request.	106872

(3) The tax commissioner may establish an identification	106873
system whereby the commissioner issues an identification number to	106874
a consumer that is exempt from payment of the tax. The consumer	106875
must present the number to the vendor, if any sale is claimed to	106876
be exempt as provided in this section.	106877

(4) If no certificate is provided or obtained within ninety	106878
days after the date on which such sale is consummated, it shall be	106879
presumed that the tax applies. Failure to have so provided or	106880
obtained a certificate shall not preclude a vendor, within one	106881
hundred twenty days after the tax commissioner gives written	106882
notice of intent to levy an assessment, from either establishing	106883
that the sale is not subject to the tax, or obtaining, in good	106884
faith, a fully completed exemption certificate.	106885

(5) Certificates need not be obtained nor provided where the	106886
identity of the consumer is such that the transaction is never	106887
subject to the tax imposed or where the item of tangible personal	106888
property sold or the service provided is never subject to the tax	106889
imposed, regardless of use, or when the sale is in interstate	106890
commerce.	106891

(6) If a transaction is claimed to be exempt under division	106892
(B)(13) of section 5739.02 of the Revised Code, the contractor	106893
shall obtain certification of the claimed exemption from the	106894
contractee. This certification shall be in addition to an	106895
exemption certificate provided by the contractor to the vendor. A	106896
contractee that provides a certification under this division shall	106897
be deemed to be the consumer of all items purchased by the	106898
contractor under the claim of exemption, if it is subsequently	106899
determined that the exemption is not properly claimed. The	106900
certification shall be in such form as the tax commissioner	106901
prescribes.	106902

(C) As used in this division, "contractee" means a person who	106903
seeks to enter or enters into a contract or agreement with a	106904
contractor or vendor for the construction of real property or for	106905
the sale and installation onto real property of tangible personal	106906
property.	106907

Any contractor or vendor may request from any contractee a	106908
certification of what portion of the property to be transferred	106909
under such contract or agreement is to be incorporated into the	106910
realty and what portion will retain its status as tangible	106911
personal property after installation is completed. The contractor	106912
or vendor shall request the certification by certified mail	106913
delivered to the contractee, return receipt requested. Upon	106914
receipt of such request and prior to entering into the contract or	106915
agreement, the contractee shall provide to the contractor or	106916
vendor a certification sufficiently detailed to enable the	106917
contractor or vendor to ascertain the resulting classification of	106918
all materials purchased or fabricated by the contractor or vendor	106919
and transferred to the contractee. This requirement applies to a	106920
contractee regardless of whether the contractee holds a direct	106921
payment permit under section 5739.031 of the Revised Code or	106922
provides to the contractor or vendor an exemption certificate as	106923
provided under this section.	106924

For the purposes of the taxes levied by this chapter and	106925
Chapter 5741. of the Revised Code, the contractor or vendor may in	106926
good faith rely on the contractee's certification. Notwithstanding	106927
division (B) of section 5739.01 of the Revised Code, if the tax	106928
commissioner determines that certain property certified by the	106929
contractee as tangible personal property pursuant to this division	106930
is, in fact, real property, the contractee shall be considered to	106931
be the consumer of all materials so incorporated into that real	106932
property and shall be liable for the applicable tax, and the	106933
contractor or vendor shall be excused from any liability on those	106934
materials.	106935

If a contractee fails to provide such certification upon the	106936
request of the contractor or vendor, the contractor or vendor	106937
shall comply with the provisions of this chapter and Chapter 5741.	106938
of the Revised Code without the certification. If the tax	106939
commissioner determines that such compliance has been performed in	106940
good faith and that certain property treated as tangible personal	106941
property by the contractor or vendor is, in fact, real property,	106942
the contractee shall be considered to be the consumer of all	106943
materials so incorporated into that real property and shall be	106944
liable for the applicable tax, and the construction contractor or	106945
vendor shall be excused from any liability on those materials.	106946

This division does not apply to any contract or agreement	106947
where the tax commissioner determines as a fact that a	106948
certification under this division was made solely on the decision	106949
or advice of the contractor or vendor.	106950

(D) Notwithstanding division (B) of section 5739.01 of the	106951
Revised Code, whenever the total rate of tax imposed under this	106952
chapter is increased after the date after a construction contract	106953
is entered into, the contractee shall reimburse the construction	106954
contractor for any additional tax paid on tangible property	106955
consumed or services received pursuant to the contract.	106956

(E) A vendor who files a petition for reassessment contesting	106957
the assessment of tax on sales for which the vendor obtained no	106958
valid exemption certificates and for which the vendor failed to	106959
establish that the sales were properly not subject to the tax	106960
during the one-hundred-twenty-day period allowed under division	106961
(B) of this section, may present to the tax commissioner	106962
additional evidence to prove that the sales were properly subject	106963
to a claim of exception or exemption. The vendor shall file such	106964
evidence within ninety days of the receipt by the vendor of the	106965
notice of assessment, except that, upon application and for	106966
reasonable cause, the period for submitting such evidence shall be	106967
extended thirty days.	106968

The commissioner shall consider such additional evidence in	106969
reaching the final determination on the assessment and petition	106970
for reassessment.	106971

(F) Whenever a vendor refunds the price, minus any separately	106972
stated delivery charge, of an item of tangible personal property	106973
on which the tax imposed under this chapter has been paid, the	106974
vendor shall also refund the amount of tax paid, minus the amount	106975
of tax attributable to the delivery charge.	106976

Sec. 5739.033. (A) The amount of tax due pursuant to	106977
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	106978
Code is the sum of the taxes imposed pursuant to those sections at	106979
the sourcing location of the sale as determined under this section	106980
or, if applicable, under division (C) of section 5739.031 or	106981
section 5739.034 of the Revised Code. This section applies only to	106982
a vendor's or seller's obligation to collect and remit sales taxes	106983
under section 5739.02, 5739.021, 5739.023, or 5739.026 of the	106984
Revised Code or use taxes under section 5741.02, 5741.021,	106985
5741.022, or 5741.023 of the Revised Code. Division (A) of this	106986
section does not apply in determining the jurisdiction for which	106987
sellers are required to collect the use tax under section 5741.05	106988
of the Revised Code. This section does not affect the obligation	106989
of a consumer to remit use taxes on the storage, use, or other	106990
consumption of tangible personal property or on the benefit	106991
realized of any service provided, to the jurisdiction of that	106992
storage, use, or consumption, or benefit realized.	106993

(B)(1) Beginning January 1, 2010, retail sales, excluding the	106994
lease or rental, of tangible personal property or digital goods	106995
shall be sourced to the location where the vendor receives an	106996
order for the sale of such property or goods if:	106997

(a) The vendor receives the order in this state and the	106998
consumer receives the property or goods in this state;	106999

(b) The location where the consumer receives the property or	107000
goods is determined under division (C)(2), (3), or (4) of this	107001
section; and	107002

(c) The record-keeping system used by the vendor to calculate	107003
the tax imposed captures the location where the order is received	107004
at the time the order is received.	107005

(2) A consumer has no additional liability to this state	107006
under this chapter or Chapter 5741. of the Revised Code for tax,	107007
penalty, or interest on a sale for which the consumer remits tax	107008
to the vendor in the amount invoiced by the vendor if the invoice	107009
amount is calculated at either the rate applicable to the location	107010
where the consumer receives the property or digital good or at the	107011
rate applicable to the location where the order is received by the	107012
vendor. A consumer may rely on a written representation by the	107013
vendor as to the location where the order for the sale was	107014
received by the vendor. If the consumer does not have a written	107015
representation by the vendor as to the location where the order	107016
was received by the vendor, the consumer may use a location	107017
indicated by a business address for the vendor that is available	107018
from records that are maintained in the ordinary course of the	107019
consumer's business to determine the rate applicable to the	107020
location where the order was received.	107021

(3) For the purposes of division (B) of this section, the	107022
location where an order is received by or on behalf of a vendor	107023
means the physical location of the vendor or a third party such as	107024
an established outlet, office location, or automated order receipt	107025
system operated by or on behalf of the vendor, where an order is	107026
initially received by or on behalf of the vendor, and not where	107027
the order may be subsequently accepted, completed, or fulfilled.	107028
An order is received when all necessary information to determine	107029
whether the order can be accepted has been received by or on	107030
behalf of the vendor. The location from which the property or	107031
digital good is shipped shall not be used to determine the	107032
location where the order is received by the vendor.	107033

(4) For the purposes of division (B) of this section, if	107034
services subject to taxation under this chapter or Chapter 5741.	107035
of the Revised Code are sold with tangible personal property or	107036
digital goods pursuant to a single contract or in the same	107037
transaction, the services are billed on the same billing statement	107038
or invoice, and, because of the application of division (B) of	107039
this section, the transaction would be sourced to more than one	107040
jurisdiction, the situs of the transaction shall be the location	107041
where the order is received by or on behalf of the vendor.	107042

(C) Except for sales, other than leases, of titled motor	107043
vehicles, titled watercraft, or titled outboard motors as provided	107044
in section 5741.05 of the Revised Code, or as otherwise provided	107045
in this section and section 5739.034 of the Revised Code, all	107046
sales shall be sourced as follows:	107047

(1) If the consumer or a donee designated by the consumer	107048
receives tangible personal property or a service at a vendor's	107049
place of business, the sale shall be sourced to that place of	107050
business.	107051

(2) When the tangible personal property or service is not	107052
received at a vendor's place of business, the sale shall be	107053
sourced to the location known to the vendor where the consumer or	107054
the donee designated by the consumer receives the tangible	107055
personal property or service, including the location indicated by	107056
instructions for delivery to the consumer or the consumer's donee.	107057

(3) If divisions (C)(1) and (2) of this section do not apply,	107058
the sale shall be sourced to the location indicated by an address	107059
for the consumer that is available from the vendor's business	107060
records that are maintained in the ordinary course of the vendor's	107061
business, when use of that address does not constitute bad faith.	107062

(4) If divisions (C)(1), (2), and (3) of this section do not	107063
apply, the sale shall be sourced to the location indicated by an	107064
address for the consumer obtained during the consummation of the	107065
sale, including the address associated with the consumer's payment	107066
instrument, if no other address is available, when use of that	107067
address does not constitute bad faith.	107068

(5) If divisions (C)(1), (2), (3), and (4) of this section do	107069
not apply, including in the circumstance where the vendor is	107070
without sufficient information to apply any of those divisions,	107071
the sale shall be sourced to the address from which tangible	107072
personal property was shipped, or from which the service was	107073
provided, disregarding any location that merely provided the	107074
electronic transfer of the property sold or service provided.	107075

(6) As used in division (C) of this section, "receive" means	107076
taking possession of tangible personal property or making first	107077
use of a service. "Receive" does not include possession by a	107078
shipping company on behalf of a consumer.	107079

(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this	107080
section, a business consumer that is not a holder of a direct	107081
payment permit granted under section 5739.031 of the Revised Code,	107082
that purchases a digital good, computer software, except computer	107083
software received in person by a business consumer at a vendor's	107084
place of business, or a service, and that knows at the time of	107085
purchase that such digital good, software, or service will be	107086
concurrently available for use in more than one taxing	107087
jurisdiction shall deliver to the vendor in conjunction with its	107088
purchase an exemption certificate claiming multiple points of use,	107089
or shall meet the requirements of division (D)(2) of this section.	107090
On receipt of the exemption certificate claiming multiple points	107091
of use, the vendor is relieved of its obligation to collect, pay,	107092
or remit the tax due, and the business consumer must pay the tax	107093
directly to the state.	107094

(b) A business consumer that delivers the exemption	107095
certificate claiming multiple points of use to a vendor may use	107096
any reasonable, consistent, and uniform method of apportioning the	107097
tax due on the digital good, computer software, or service that is	107098
supported by the consumer's business records as they existed at	107099
the time of the sale. The business consumer shall report and pay	107100
the appropriate tax to each jurisdiction where concurrent use	107101
occurs. The tax due shall be calculated as if the apportioned	107102
amount of the digital good, computer software, or service had been	107103
delivered to each jurisdiction to which the sale is apportioned	107104
under this division.	107105

(c) The exemption certificate claiming multiple points of use	107106
shall remain in effect for all future sales by the vendor to the	107107
business consumer until it is revoked in writing by the business	107108
consumer, except as to the business consumer's specific	107109
apportionment of a subsequent sale under division (D)(1)(b) of	107110
this section and the facts existing at the time of the sale.	107111

(2) When the vendor knows that a digital good, computer	107112
software, or service sold will be concurrently available for use	107113
by the business consumer in more than one jurisdiction, but the	107114
business consumer does not provide an exemption certificate	107115
claiming multiple points of use as required by division (D)(1) of	107116
this section, the vendor may work with the business consumer to	107117
produce the correct apportionment. Governed by the principles of	107118
division (D)(1)(b) of this section, the vendor and business	107119
consumer may use any reasonable, but consistent and uniform,	107120
method of apportionment that is supported by the vendor's and	107121
business consumer's books and records as they exist at the time	107122
the sale is reported for purposes of the taxes levied under this	107123
chapter. If the business consumer certifies to the accuracy of the	107124
apportionment and the vendor accepts the certification, the vendor	107125
shall collect and remit the tax accordingly. In the absence of bad	107126
faith, the vendor is relieved of any further obligation to collect	107127
tax on any transaction where the vendor has collected tax pursuant	107128
to the information certified by the business consumer.	107129

(3) When the vendor knows that the digital good, computer	107130
software, or service will be concurrently available for use in	107131
more than one jurisdiction, and the business consumer does not	107132
have a direct pay permit and does not provide to the vendor an	107133
exemption certificate claiming multiple points of use as required	107134
in division (D)(1) of this section, or certification pursuant to	107135
division (D)(2) of this section, the vendor shall collect and	107136
remit the tax based on division (C) of this section.	107137

(4) Nothing in this section shall limit a person's obligation	107138
for sales or use tax to any state in which a digital good,	107139
computer software, or service is concurrently available for use,	107140
nor limit a person's ability under local, state, or federal law,	107141
to claim a credit for sales or use taxes legally due and paid to	107142
other jurisdictions.	107143

(E) A person who holds a direct payment permit issued under	107144
section 5739.031 of the Revised Code is not required to deliver an	107145
exemption certificate claiming multiple points of use to a vendor.	107146
But such permit holder shall comply with division (D)(2) of this	107147
section in apportioning the tax due on a digital good, computer	107148
software, or a service for use in business that will be	107149
concurrently available for use in more than one taxing	107150
jurisdiction.	107151

(F)(1) Notwithstanding divisions (C)(1) to (5) of this	107152
section, the consumer of direct mail that is not a holder of a	107153
direct payment permit shall provide to the vendor in conjunction	107154
with the sale either an exemption certificate claiming direct mail	107155
prescribed by the tax commissioner, or information to show the	107156
jurisdictions to which the direct mail is delivered to recipients.	107157

(2) Upon receipt of such exemption certificate, the vendor is	107158
relieved of all obligations to collect, pay, or remit the	107159
applicable tax and the consumer is obligated to pay that tax on a	107160
direct pay basis. An exemption certificate claiming direct mail	107161
shall remain in effect for all future sales of direct mail by the	107162
vendor to the consumer until it is revoked in writing.	107163

(3) Upon receipt of information from the consumer showing the	107164
jurisdictions to which the direct mail is delivered to recipients,	107165
the vendor shall collect the tax according to the delivery	107166
information provided by the consumer. In the absence of bad faith,	107167
the vendor is relieved of any further obligation to collect tax on	107168
any transaction where the vendor has collected tax pursuant to the	107169
delivery information provided by the consumer.	107170

(4) If the consumer of direct mail does not have a direct	107171
payment permit and does not provide the vendor with either an	107172
exemption certificate claiming direct mail or delivery information	107173
as required by division (F)(1) of this section, the vendor shall	107174
collect the tax according to division (C)(5) of this section.	107175
Nothing in division (F)(4) of this section shall limit a	107176
consumer's obligation to pay sales or use tax to any state to	107177
which the direct mail is delivered.	107178

(5) If a consumer of direct mail provides the vendor with	107179
documentation of direct payment authority, the consumer shall not	107180
be required to provide an exemption certificate claiming direct	107181
mail or delivery information to the vendor.	107182

(G) If the vendor provides lodging to transient guests as	107183
specified in division (B)(2) of section 5739.01 of the Revised	107184
Code, the sale shall be sourced to the location where the lodging	107185
is located.	107186

(H)(1) As used in this division and division (I) of this	107187
section, "transportation equipment" means any of the following:	107188

(a) Locomotives and railcars that are utilized for the	107189
carriage of persons or property in interstate commerce.	107190

(b) Trucks and truck-tractors with a gross vehicle weight	107191
rating of greater than ten thousand pounds, trailers,	107192
semi-trailers, or passenger buses that are registered through the	107193
international registration plan and are operated under authority	107194
of a carrier authorized and certificated by the United States	107195
department of transportation or another federal authority to	107196
engage in the carriage of persons or property in interstate	107197
commerce.	107198

(c) Aircraft that are operated by air carriers authorized and	107199
certificated by the United States department of transportation or	107200
another federal authority to engage in the carriage of persons or	107201
property in interstate or foreign commerce.	107202

(d) Containers designed for use on and component parts	107203
attached to or secured on the items set forth in division	107204
(H)(1)(a), (b), or (c) of this section.	107205

(2) A sale, lease, or rental of transportation equipment	107206
shall be sourced pursuant to division (C) of this section.	107207

(I)(1) A lease or rental of tangible personal property that	107208
does not require recurring periodic payments shall be sourced	107209
pursuant to division (C) of this section.	107210

(2) A lease or rental of tangible personal property that	107211
requires recurring periodic payments shall be sourced as follows:	107212

(a) In the case of a motor vehicle, other than a motor	107213
vehicle that is transportation equipment, or an aircraft, other	107214
than an aircraft that is transportation equipment, such lease or	107215
rental shall be sourced as follows:	107216

(i) An accelerated tax payment on a lease or rental taxed	107217
pursuant to division (A)(2) of section 5739.02 of the Revised Code	107218
shall be sourced to the primary property location at the time the	107219
lease or rental is consummated. Any subsequent taxable charges on	107220
the lease or rental shall be sourced to the primary property	107221
location for the period in which the charges are incurred.	107222

(ii) For a lease or rental taxed pursuant to division (A)(3)	107223
of section 5739.02 of the Revised Code, each lease or rental	107224
installment shall be sourced to the primary property location for	107225
the period covered by the installment.	107226

(b) In the case of a lease or rental of all other tangible	107227
personal property, other than transportation equipment, such lease	107228
or rental shall be sourced as follows:	107229

(i) An accelerated tax payment on a lease or rental that is	107230
taxed pursuant to division (A)(2) of section 5739.02 of the	107231
Revised Code shall be sourced pursuant to division (C) of this	107232
section at the time the lease or rental is consummated. Any	107233
subsequent taxable charges on the lease or rental shall be sourced	107234
to the primary property location for the period in which the	107235
charges are incurred.	107236

(ii) For a lease or rental that is taxed pursuant to division	107237
(A)(3) of section 5739.02 of the Revised Code, the initial lease	107238
or rental installment shall be sourced pursuant to division (C) of	107239
this section. Each subsequent installment shall be sourced to the	107240
primary property location for the period covered by the	107241
installment.	107242

(3) As used in division (I) of this section, "primary	107243
property location" means an address for tangible personal property	107244
provided by the lessee or renter that is available to the lessor	107245
or owner from its records maintained in the ordinary course of	107246
business, when use of that address does not constitute bad faith.	107247

(J) If the vendor provides a service specified in division	107248
(B)~~(11)~~(10) of section 5739.01 of the Revised Code, the situs of	107249
the sale is the location of the enrollee for whom a medicaid	107250
health insurance corporation receives managed care premiums. Such	107251
sales shall be sourced to the locations of the enrollees in the	107252
same proportion as the managed care premiums received by the	107253
medicaid health insuring corporation on behalf of enrollees	107254
located in a particular taxing jurisdiction in Ohio as compared to	107255
all managed care premiums received by the medicaid health insuring	107256
corporation.	107257

Sec. 5739.051. (A) The tax commissioner shall issue a direct	107258
payment permit to a medicaid health insuring corporation that	107259
authorizes the medicaid health insuring corporation to pay all	107260
taxes due on sales described in division (B)~~(11)~~(10) of section	107261
5739.01 of the Revised Code directly to the state. Each medicaid	107262
health insuring corporation shall pay pursuant to such direct	107263
payment authority all sales tax levied on such sales by sections	107264
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code and	107265
all use tax levied on such sales pursuant to sections 5741.02,	107266
5741.021, 5741.022, and 5741.023 of the Revised Code, unless	107267
division (B)~~(11)~~(10)(b) of section 5739.01 of the Revised Code	107268
applies.	107269

(B) Each medicaid health insuring corporation shall, on or	107270
before the twenty-third day of each month, file a return for the	107271
preceding month on a form prescribed by the tax commissioner and	107272
shall pay the tax shown on the return to be due, unless division	107273
(B)~~(11)~~(10)(b) of section 5739.01 of the Revised Code applies. The	107274
return shall show the amount of tax due from the medicaid health	107275
care insuring corporation for the period covered by the return and	107276
other such information as the commissioner deems necessary. Upon	107277
written request, the commissioner may extend the time for filing	107278
the return and paying the tax. The commissioner may require each	107279
medicaid health insuring corporation to file returns and remit	107280
payment by electronic means as provided in section 5739.032 of the	107281
Revised Code.	107282

Sec. 5739.071. (A) As used in this section, "electronic	107283
information services" means providing access to computer equipment	107284
by means of telecommunications equipment for the purpose of either	107285
of the following:	107286

(1) Examining or acquiring data stored in or accessible to	107287
the computer equipment;	107288

(2) Placing data into the computer equipment to be retrieved	107289
by designated recipients with access to the computer equipment.	107290

"Electronic information services" does not include electronic	107291
publishing.	107292

(B) The tax commissioner shall refund to a provider of	107293
electronic information services twenty-five per cent of the tax it	107294
pays pursuant to this chapter or Chapter 5741. of the Revised Code	107295
on purchases made on or after July 1, 1993, of computers, computer	107296
peripherals, software, telecommunications equipment, and similar	107297
tangible personal property, primarily used to acquire, process, or	107298
store information for use by business customers or to transmit or	107299
disseminate such information to such customers, the services of	107300
installing or repairing such property, and agreements to repair or	107301
maintain such property. Applications for a refund shall be made in	107302
the same manner and subject to the same time limitations as	107303
provided in sections 5739.07 and 5741.10 of the Revised Code.	107304

~~(B)~~(C) An electronic information service provider that	107305
maintains direct payment authority under section 5739.031 of the	107306
Revised Code may list on the return and pay tax on seventy-five	107307
per cent of the price of equipment, services, and agreements	107308
described under division ~~(A)~~(B) of this section in lieu of seeking	107309
a refund as provided in that division.	107310

Sec. 5739.13. (A) If any vendor collects the tax imposed by	107311
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	107312
the Revised Code, and fails to remit the tax to the state as	107313
prescribed, or on the sale of a motor vehicle, watercraft, or	107314
outboard motor required to be titled, fails to remit payment to a	107315
clerk of a court of common pleas as provided in section 1548.06 or	107316
4505.06 of the Revised Code, the vendor shall be personally liable	107317
for any tax collected and not remitted. The tax commissioner may	107318
make an assessment against such vendor based upon any information	107319
in the commissioner's possession.	107320

If any vendor fails to collect the tax or any consumer fails	107321
to pay the tax imposed by or pursuant to section 5739.02,	107322
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	107323
transaction subject to the tax, the vendor or consumer shall be	107324
personally liable for the amount of the tax applicable to the	107325
transaction. The commissioner may make an assessment against	107326
either the vendor or consumer, as the facts may require, based	107327
upon any information in the commissioner's possession.	107328

An assessment against a vendor when the tax imposed by or	107329
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	107330
the Revised Code has not been collected or paid, shall not	107331
discharge the purchaser's or consumer's liability to reimburse the	107332
vendor for the tax applicable to such transaction.	107333

An assessment issued against either, pursuant to this	107334
section, shall not be considered an election of remedies, nor a	107335
bar to an assessment against the other for the tax applicable to	107336
the same transaction, provided that no assessment shall be issued	107337
against any person for the tax due on a particular transaction if	107338
the tax on that transaction actually has been paid by another.	107339

The commissioner may make an assessment against any vendor	107340
who fails to file a return or remit the proper amount of tax	107341
required by this chapter, or against any consumer who fails to pay	107342
the proper amount of tax required by this chapter. When	107343
information in the possession of the commissioner indicates that	107344
the amount required to be collected or paid under this chapter is	107345
greater than the amount remitted by the vendor or paid by the	107346
consumer, the commissioner may audit a sample of the vendor's	107347
sales or the consumer's purchases for a representative period, to	107348
ascertain the per cent of exempt or taxable transactions or the	107349
effective tax rate and may issue an assessment based on the audit.	107350
The commissioner shall make a good faith effort to reach agreement	107351
with the vendor or consumer in selecting a representative sample.	107352

The commissioner may make an assessment, based on any	107353
information in ~~his~~the commissioner's possession, against any	107354
person who fails to file a return or remit the proper amount of	107355
tax required by section 5739.102 of the Revised Code.	107356

The commissioner may issue an assessment on any transaction	107357
for which any tax imposed under this chapter or Chapter 5741. of	107358
the Revised Code was due and unpaid on the date the vendor or	107359
consumer was informed by an agent of the tax commissioner of an	107360
investigation or audit. If the vendor or consumer remits any	107361
payment of the tax for the period covered by the assessment after	107362
the vendor or consumer was informed of the investigation or audit,	107363
the payment shall be credited against the amount of the	107364
assessment.	107365

The commissioner shall give the party assessed written notice	107366
of the assessment in the manner provided in section 5703.37 of the	107367
Revised Code. With the notice, the commissioner shall provide	107368
instructions on how to petition for reassessment and request a	107369
hearing on the petition.	107370

(B) Unless the party assessed files with the commissioner	107371
within sixty days after service of the notice of assessment,	107372
either personally or by certified mail, a written petition for	107373
reassessment, signed by the party assessed or that party's	107374
authorized agent having knowledge of the facts, the assessment	107375
becomes final and the amount of the assessment is due from the	107376
party assessed and payable to the treasurer of state and remitted	107377
to the tax commissioner. The petition shall indicate the	107378
objections of the party assessed, but additional objections may be	107379
raised in writing if received by the commissioner prior to the	107380
date shown on the final determination. If the petition has been	107381
properly filed, the commissioner shall proceed under section	107382
5703.60 of the Revised Code.	107383

(C) After an assessment becomes final, if any portion of the	107384
assessment remains unpaid, including accrued interest, a certified	107385
copy of the commissioner's entry making the assessment final may	107386
be filed in the office of the clerk of the court of common pleas	107387
in the county in which the place of business of the party assessed	107388
is located or the county in which the party assessed resides. If	107389
the party assessed maintains no place of business in this state	107390
and is not a resident of this state, the certified copy of the	107391
entry may be filed in the office of the clerk of the court of	107392
common pleas of Franklin county.	107393

Immediately upon the filing of the entry, the clerk shall	107394
enter a judgment for the state against the party assessed in the	107395
amount shown on the entry. The judgment may be filed by the clerk	107396
in a loose-leaf book entitled "special judgments for state,	107397
county, and transit authority retail sales tax" or, if	107398
appropriate, "special judgments for resort area excise tax," and	107399
shall have the same effect as other judgments. Execution shall	107400
issue upon the judgment upon the request of the tax commissioner,	107401
and all laws applicable to sales on execution shall apply to sales	107402
made under the judgment except as otherwise provided in this	107403
chapter.	107404

~~The portion of~~If the assessment is not paid in its entirety	107405
within sixty days after the date the assessment was issued, the	107406
portion of the assessment consisting of tax due shall bear	107407
interest at the rate per annum prescribed by section 5703.47 of	107408
the Revised Code from the day the tax commissioner issues the	107409
assessment until the assessment is paid or until it is certified	107410
to the attorney general for collection under section 131.02 of the	107411
Revised Code, whichever comes first. If the unpaid portion of the	107412
assessment is certified to the attorney general for collection,	107413
the entire unpaid portion of the assessment shall bear interest at	107414
the rate per annum prescribed by section 5703.47 of the Revised	107415
Code from the date of certification until the date it is paid in	107416
its entirety. Interest shall be paid in the same manner as the tax	107417
and may be collected by issuing an assessment under this section.	107418

(D) All money collected by the tax commissioner under this	107419
section shall be paid to the treasurer of state, and when paid	107420
shall be considered as revenue arising from the taxes imposed by	107421
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	107422

Sec. 5739.21. (A) One hundred per cent of all money	107423
deposited into the state treasury under sections 5739.01 to	107424
5739.31 of the Revised Code that is not required to be distributed	107425
as provided in section 5739.102 of the Revised Code or division	107426
(B) of this section shall be credited to the general revenue fund.	107427

(B)(1) In any case where any county or transit authority has	107428
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	107429
5739.026 of the Revised Code, the tax commissioner shall, within	107430
forty-five days after the end of each month, determine and certify	107431
to the director of budget and management the amount of the	107432
proceeds of such tax or taxes received during that month from	107433
billings and assessments, or associated with tax returns or	107434
reports filed during that month, to be returned to the county or	107435
transit authority levying the tax or taxes. ~~The~~Except as	107436
otherwise provided in divisions (B)(3) to (6) of this section, the	107437
amount to be returned to each county and transit authority shall	107438
be a fraction of the aggregate amount of money collected with	107439
respect to each area in which one or more of such taxes are	107440
concurrently in effect with the tax levied by section 5739.02 of	107441
the Revised Code. The numerator of the fraction is the rate of the	107442
tax levied by the county or transit authority and the denominator	107443
of the fraction is the aggregate rate of such taxes applicable to	107444
such area. The amount to be returned to each county or transit	107445
authority shall be reduced by the amount of any refunds of county	107446
or transit authority tax paid pursuant to section 5739.07 of the	107447
Revised Code during the same month, or transfers made pursuant to	107448
division (B)(2) of section 5703.052 of the Revised Code.	107449

(2) On a periodic basis, using the best information	107450
available, the tax commissioner shall distribute any amount of a	107451
county or transit authority tax that cannot be distributed under	107452
division (B)(1) of this section. Through audit or other means, the	107453
commissioner shall attempt to obtain the information necessary to	107454
make the distribution as provided under that division and, on	107455
receipt of that information, shall make adjustments to	107456
distributions previously made under this division.	107457

(3) ~~Beginning July 1, 2008, eight~~In lieu of the amounts to	107458
be returned to each county and transit authority pursuant to	107459
divisions (B)(1) and (2) of this section and division (B) of	107460
section 5741.03 of the Revised Code, within forty-five days after	107461
the end of each month of the period beginning October 1, 2013, and	107462
ending April 30, 2015, the tax commissioner shall determine the	107463
monthly payable tax collections for each county and transit	107464
authority under division (B)(4) of this section, as appropriate,	107465
and shall certify such amounts to the director of budget and	107466
management. The certified amounts shall be paid to the county	107467
treasurer and the fiscal officer of the transit authority as	107468
required by division (D) of this section.	107469

(4) The monthly payable tax collections shall be the greater	107470
of the amount determined under division (B)(4)(a) or (b) of this	107471
section:	107472

(a) The total amount derived for the county or transit	107473
authority for the month pursuant to divisions (B)(1) and (2) of	107474
this section and section 5741.03 of the Revised Code;	107475

(b) The product of multiplying the amount in division	107476
(B)(4)(b)(i) of this section by the applicable percentage in	107477
division (B)(4)(b)(ii) of this section.	107478

(i) The total amount derived for the county or transit	107479
authority pursuant to divisions (B)(1) and (2) of this section and	107480
section 5741.03 of the Revised Code for the corresponding month	107481
during the period beginning October 1, 2012, and ending September	107482
30, 2013;	107483

(ii) For the October 2013 through September 2014 monthly	107484
payable tax collections, the applicable percentage is the larger	107485
of one hundred ten per cent or the average growth percentage	107486
computed pursuant to division (B)(4)(b)(iii) of this section; for	107487
the October 2014 through April 2015 monthly payable tax	107488
collections, the applicable percentage is the greater of one	107489
hundred fifteen and five-tenths per cent or the sum of five and	107490
five-tenths per cent and the average growth percentage computed	107491
under division (B)(4)(b)(iii) of this section.	107492

(iii) For each county and transit authority, a compounded	107493
annual growth rate shall be computed by the tax commissioner using	107494
the amounts derived under divisions (B)(1) and (2) of this	107495
section. The growth rate shall be a percentage computed using a	107496
beginning year comprised of October 2010 through September 2011	107497
and an ending year comprised of October 2012 through September	107498
2013. If the combined rate of county taxes levied under sections	107499
5739.021 and 5739.026 of the Revised Code changed during any	107500
portion of the October 2010 through September 2013 period, the	107501
compounded annual growth rate shall be based on tax collections to	107502
be estimated by the tax commissioner for that time period using	107503
the total tax rate in effect on April 1, 2013. If the rate of a	107504
transit authority tax levied under section 5739.023 of the Revised	107505
Code changed at any time between October 1, 2010, and September	107506
30, 2013, the compounded annual growth rate shall be based on tax	107507
collections to be estimated by the tax commissioner for that time	107508
period using the tax rate in effect on April 1, 2013. The average	107509
growth percentage shall equal the sum of the compounded annual	107510
growth rate plus one hundred per cent.	107511

(5) In the case of a tax levied under section 5739.021,	107512
5739.023, 5739.026, 5741.021, 5741.022, or 5741.023 of the Revised	107513
Code on July 1, 2013, at a rate higher than the rate in effect on	107514
April 1, 2013, the increased rate shall not be included in the	107515
total amount prescribed by division (B)(4)(b)(i) of this section.	107516

(6) A board of county commissioners that, on October 1, 2012,	107517
imposed a tax under sections 5739.021 and 5739.026 of the Revised	107518
Code at a total combined rate that was higher than the total	107519
combined tax rate in effect on July 1, 2012, may request the tax	107520
commissioner to recalculate the amounts derived under division	107521
(B)(4)(b) of this section to reflect amounts estimated to have	107522
been produced pursuant to division (B)(1) of this section had the	107523
higher tax rate been in effect. The recalculation may affect only	107524
the monthly payable tax proceeds for the October 2013 through	107525
November 2013 period and the October 2014 through November 2014	107526
period. Such a request must be delivered in writing to the tax	107527
commissioner on or before October 31, 2013. Upon receiving the	107528
request, the commissioner shall perform the computations necessary	107529
to yield the amounts described in division (B)(6) of this section.	107530

(7) Eight and thirty-three one-hundredths of one per cent of	107531
the revenue collected from the tax due under division (A) of	107532
section 5739.029 of the Revised Code shall be distributed to the	107533
county where the sale of the motor vehicle is sitused under	107534
section 5739.035 of the Revised Code. The amount to be so	107535
distributed to the county shall be apportioned on the basis of the	107536
rates of taxes the county levies pursuant to sections 5739.021 and	107537
5739.026 of the Revised Code, as applicable, and shall be credited	107538
to the funds of the county as provided in divisions (A) and (B) of	107539
section 5739.211 of the Revised Code.	107540

(C) The aggregate amount to be returned to any county or	107541
transit authority shall be reduced by one per cent, which shall be	107542
certified directly to the credit of the local sales tax	107543
administrative fund, which is hereby created in the state	107544
treasury. For the purpose of determining the amount to be returned	107545
to a county and transit authority in which the rate of tax imposed	107546
by the transit authority has been reduced under section 5739.028	107547
of the Revised Code, the tax commissioner shall use the respective	107548
rates of tax imposed by the county or transit authority that	107549
results from the change in the rates authorized under that	107550
section.	107551

(D) The director of budget and management shall transfer,	107552
from the same funds and in the same proportions specified in	107553
division (A) of this section, to the permissive tax distribution	107554
fund created by division (B)(1) of section 4301.423 of the Revised	107555
Code and to the local sales tax administrative fund, the amounts	107556
certified by the tax commissioner. The tax commissioner shall	107557
then, on or before the twentieth day of the month in which such	107558
certification is made, provide for payment of such respective	107559
amounts to the county treasurer and to the fiscal officer of the	107560
transit authority levying the tax or taxes. The amount transferred	107561
to the local sales tax administrative fund is for use by the tax	107562
commissioner in defraying costs incurred in administering such	107563
taxes levied by a county or transit authority.	107564

Sec. 5739.211. (A) ~~The~~Beginning December 1, 2013, the	107565
moneys received by a county ~~levying~~that levied an additional	107566
sales tax pursuant to section 5739.021 of the Revised Code as that	107567
section existed immediately before its amendment by ....B. ... of	107568
the 130th general assembly but did not levy an additional sales	107569
tax pursuant to section 5739.026 of the Revised Code as that	107570
section existed prior to its amendment by that act shall be	107571
deposited in the county general fund to be expended for any	107572
purpose for which general fund moneys of the county may be used,	107573
including the acquisition or construction of permanent	107574
improvements or to make payments in accordance with section 333.06	107575
or 333.07 of the Revised Code, or in the bond retirement fund for	107576
the payment of debt service charges on notes or bonds of the	107577
county issued for the acquisition or construction of permanent	107578
improvements. The amounts to be deposited in each of such funds	107579
shall be determined by the board of county commissioners.	107580

(B) ~~The~~Beginning December 1, 2013, the moneys received by a	107581
county levying an additional sales tax pursuant to section	107582
5739.026 of the Revised Code as that section existed immediately	107583
before its amendment by ....B. ... of the 130th general assembly	107584
but did not levy an additional sales tax pursuant to section	107585
5739.021 of the Revised Code as that section existed prior to its	107586
amendment by that act shall be deposited in a separate fund, which	107587
shall be allocated and distributed in accordance with the	107588
resolution adopted under ~~such~~ section 5739.026 of the Revised	107589
Code. Moneys allocated for the purpose of division (A)(4) of	107590
section 5739.026 of the Revised Code shall be transferred to and	107591
disbursed from the community improvements fund in the county	107592
treasury. Notwithstanding section 135.351 of the Revised Code, if	107593
an allocation of moneys to a convention facilities authority or a	107594
transit authority is required pursuant to division (C) of section	107595
5739.026 of the Revised Code, the county shall pay and distribute	107596
each authority's share of any such moneys to its fiscal officer	107597
within five business days of the date of their receipt by the	107598
county. If the moneys allocated under such division are not so	107599
paid, the county shall pay to such authority any interest that the	107600
county has received or will receive on such moneys that accrues	107601
from the date the county received the moneys, together with the	107602
principal amount of such moneys.	107603

(C) Effective December 1, 2013, money received by a county	107604
that levied an additional sales tax pursuant to sections 5739.021	107605
and 5739.026 of the Revised Code, as those sections existed on	107606
June 30, 2013, shall be allocated according to the purposes	107607
authorized by the resolutions adopted under those sections. To the	107608
extent necessary to retain the proportionate funding shares or, as	107609
appropriate, the funding amounts that existed among the various	107610
purposes authorized by resolutions that were adopted under those	107611
sections as those sections existed before July 1, 2013, a board of	107612
county commissioners shall allocate accordingly the money received	107613
under section 5739.21 of the Revised Code. Such proportionate	107614
funding shares shall be modified if, and the extent to that, a	107615
board of county commissioners adopts a change in the taxes levied	107616
under section 5739.021 of the Revised Code on or after July 1,	107617
2016.	107618

(D) The moneys received by a transit authority levying an	107619
additional sales tax pursuant to section 5739.023 of the Revised	107620
Code shall be deposited in such fund or funds of the transit	107621
authority as determined by the legislative authority of the	107622
transit authority to be expended for any purpose for which a	107623
county transit board or the board of county commissioners	107624
operating a county transit system, in the case of a county, or the	107625
board of trustees of a regional transit authority, in the case of	107626
a regional transit authority, may expend moneys under their	107627
control, including the purchase, acquisition, construction,	107628
replacement, improvement, extension, or enlargement of permanent	107629
improvements and for the payment of debt service charges on notes	107630
or bonds of the transit authority.	107631

Sec. 5741.01. As used in this chapter:

107632

(A) "Person" includes individuals, receivers, assignees,	107633
trustees in bankruptcy, estates, firms, partnerships,	107634
associations, joint-stock companies, joint ventures, clubs,	107635
societies, corporations, business trusts, governments, and	107636
combinations of individuals of any form.	107637

(B) "Storage" means and includes any keeping or retention in	107638
this state for use or other consumption in this state.	107639

(C) "Use" means and includes the exercise of any right or	107640
power incidental to the ownership of the thing used. A thing is	107641
also "used" in this state if its consumer gives or otherwise	107642
distributes it, without charge, to recipients in this state.	107643

(D) "Purchase" means acquired or received for a	107644
consideration, whether such acquisition or receipt was effected by	107645
a transfer of title, or of possession, or of both, or a license to	107646
use or consume; whether such transfer was absolute or conditional,	107647
and by whatever means the transfer was effected; and whether the	107648
consideration was money, credit, barter, or exchange. Purchase	107649
includes production, even though the article produced was used,	107650
stored, or consumed by the producer. The transfer of copyrighted	107651
motion picture films for exhibition purposes is not a purchase,	107652
except such films as are used solely for advertising purposes.	107653

(E) "Seller" means the person from whom a purchase is made,	107654
and includes every person engaged in this state or elsewhere in	107655
the business of selling tangible personal property or providing a	107656
service for storage, use, or other consumption or benefit in this	107657
state; and when, in the opinion of the tax commissioner, it is	107658
necessary for the efficient administration of this chapter, to	107659
regard any ~~salesman~~salesperson, representative, peddler, or	107660
canvasser as the agent of a dealer, distributor, supervisor, or	107661
employer under whom the person operates, or from whom the person	107662
obtains tangible personal property, sold by the person for	107663
storage, use, or other consumption in this state, irrespective of	107664
whether or not the person is making such sales on the person's own	107665
behalf, or on behalf of such dealer, distributor, supervisor, or	107666
employer, the commissioner may regard the person as such agent,	107667
and may regard such dealer, distributor, supervisor, or employer	107668
as the seller. "Seller" does not include any person to the extent	107669
the person provides a communications medium, such as, but not	107670
limited to, newspapers, magazines, radio, television, or cable	107671
television, by means of which sellers solicit purchases of their	107672
goods or services.	107673

(F) "Consumer" means any person who has purchased tangible	107674
personal property or has been provided a service for storage, use,	107675
or other consumption or benefit in this state. "Consumer" does not	107676
include a person who receives, without charge, tangible personal	107677
property or a service.	107678

A person who performs a facility management or similar	107679
service contract for a contractee is a consumer of all tangible	107680
personal property and services purchased for use in connection	107681
with the performance of such contract, regardless of whether title	107682
to any such property vests in the contractee. The purchase of such	107683
property and services is not subject to the exception for resale	107684
under division (E) of section 5739.01 of the Revised Code.	107685

(G)(1) "Price," except as provided in divisions (G)(2) to (6)	107686
of this section, has the same meaning as in division (H)(1) of	107687
section 5739.01 of the Revised Code.	107688

(2) In the case of watercraft, outboard motors, or new motor	107689
vehicles, "price" has the same meaning as in divisions (H)(2) and	107690
(3) of section 5739.01 of the Revised Code.	107691

(3) In the case of a nonresident business consumer that	107692
purchases and uses tangible personal property outside this state	107693
and subsequently temporarily stores, uses, or otherwise consumes	107694
such tangible personal property in the conduct of business in this	107695
state, the consumer or the tax commissioner may determine the	107696
price based on the value of the temporary storage, use, or other	107697
consumption, in lieu of determining the price pursuant to division	107698
(G)(1) of this section. A price determination made by the consumer	107699
is subject to review and redetermination by the commissioner.	107700

(4) In the case of tangible personal property held in this	107701
state as inventory for sale or lease, and that is temporarily	107702
stored, used, or otherwise consumed in a taxable manner, the price	107703
is the value of the temporary use. A price determination made by	107704
the consumer is subject to review and redetermination by the	107705
commissioner.	107706

(5) In the case of tangible personal property originally	107707
purchased and used by the consumer outside this state, and that	107708
becomes permanently stored, used, or otherwise consumed in this	107709
state more than six months after its acquisition by the consumer,	107710
the consumer or the commissioner may determine the price based on	107711
the current value of such tangible personal property, in lieu of	107712
determining the price pursuant to division (G)(1) of this section.	107713
A price determination made by the consumer is subject to review	107714
and redetermination by the commissioner.	107715

(6) If a consumer produces tangible personal property for	107716
sale and removes that property from inventory for the consumer's	107717
own use, the price is the produced cost of that tangible personal	107718
property.	107719

(H) "Nexus with this state" means that the seller engages in	107720
continuous and widespread solicitation of purchases from residents	107721
of this state or otherwise purposefully directs its business	107722
activities at residents of this state.	107723

(I) "Substantial nexus with this state" means that the seller	107724
has sufficient contact with this state, in accordance with Section	107725
8 of Article I of the Constitution of the United States, to allow	107726
the state to require the seller to collect and remit use tax on	107727
sales of tangible personal property or services made to consumers	107728
in this state. "Substantial nexus with this state" exists when the	107729
seller does any of the following:	107730

(1) Maintains a place of business within this state, whether	107731
operated by employees or agents of the seller, by a member of an	107732
affiliated group, as defined in division ~~(B)(3)(e)~~(DDD) of section	107733
5739.01 of the Revised Code, of which the seller is a member, or	107734
by a franchisee using a trade name of the seller;	107735

(2) Regularly has employees, agents, representatives,	107736
solicitors, installers, ~~repairmen~~repairers, ~~salesmen~~	107737
salespersons, or other individuals in this state for the purpose	107738
of conducting the business of the seller;	107739

(3) Uses a person in this state for the purpose of receiving	107740
or processing orders of the seller's goods or services;	107741

(4) Makes regular deliveries of tangible personal property	107742
into this state by means other than common carrier;	107743

(5) Has membership in an affiliated group, as described in	107744
division ~~(B)(3)(e)~~(DDD) of section 5739.01 of the Revised Code, at	107745
least one other member of which has substantial nexus with this	107746
state;	107747

(6) Owns tangible personal property that is rented or leased	107748
to a consumer in this state, or offers tangible personal property,	107749
on approval, to consumers in this state;	107750

(7) Except as provided in section 5703.65 of the Revised	107751
Code, is registered with the secretary of state to do business in	107752
this state or is registered or licensed by any state agency,	107753
board, or commission to transact business in this state or to make	107754
sales to persons in this state;	107755

(8) Has any other contact with this state that would allow	107756
this state to require the seller to collect and remit use tax	107757
under Section 8 of Article I of the Constitution of the United	107758
States.	107759

(J) "Fiscal officer" means, with respect to a regional	107760
transit authority, the secretary-treasurer thereof, and with	107761
respect to a county which is a transit authority, the fiscal	107762
officer of the county transit board appointed pursuant to section	107763
306.03 of the Revised Code or, if the board of county	107764
commissioners operates the county transit system, the county	107765
auditor.	107766

(K) "Territory of the transit authority" means all of the	107767
area included within the territorial boundaries of a transit	107768
authority as they from time to time exist. Such territorial	107769
boundaries must at all times include all the area of a single	107770
county or all the area of the most populous county which is a part	107771
of such transit authority. County population shall be measured by	107772
the most recent census taken by the United States census bureau.	107773

(L) "Transit authority" means a regional transit authority	107774
created pursuant to section 306.31 of the Revised Code or a county	107775
in which a county transit system is created pursuant to section	107776
306.01 of the Revised Code. For the purposes of this chapter, a	107777
transit authority must extend to at least the entire area of a	107778
single county. A transit authority which includes territory in	107779
more than one county must include all the area of the most	107780
populous county which is a part of such transit authority. County	107781
population shall be measured by the most recent census taken by	107782
the United States census bureau.	107783

(M) "~~Providing a service~~Service" has the same meaning as in	107784
~~division (X) of~~ section 5739.01 of the Revised Code.	107785

(N) "Other consumption" includes receiving the benefits of a	107786
service.	107787

(O) "Lease" or "rental" has the same meaning as in ~~division~~	107788
~~(UU) of~~ section 5739.01 of the Revised Code.	107789

(P) "Certified service provider" has the same meaning as in	107790
section 5740.01 of the Revised Code.	107791

Sec. 5741.02. (A)(1) For the use of the general revenue fund	107792
of the state, an excise tax is hereby levied on the storage, use,	107793
or other consumption in this state of tangible personal property	107794
or the benefit realized in this state of any service provided. The	107795
tax shall be collected as provided in section 5739.025 of the	107796
Revised Code, provided that on and after July 1, 2003, and on or	107797
before June 30, 2005, the rate of the tax shall be six per cent.	107798
On and after July 1, 2005, the rate of the tax shall be five ~~and~~	107799
~~one-half~~ per cent.	107800

(2) In the case of the lease or rental, with a fixed term of	107801
more than thirty days or an indefinite term with a minimum period	107802
of more than thirty days, of any motor vehicles designed by the	107803
manufacturer to carry a load of not more than one ton, watercraft,	107804
outboard motor, or aircraft, or of any tangible personal property,	107805
other than motor vehicles designed by the manufacturer to carry a	107806
load of more than one ton, to be used by the lessee or renter	107807
primarily for business purposes, the tax shall be collected by the	107808
seller at the time the lease or rental is consummated and shall be	107809
calculated by the seller on the basis of the total amount to be	107810
paid by the lessee or renter under the lease or rental agreement.	107811
If the total amount of the consideration for the lease or rental	107812
includes amounts that are not calculated at the time the lease or	107813
rental is executed, the tax shall be calculated and collected by	107814
the seller at the time such amounts are billed to the lessee or	107815
renter. In the case of an open-end lease or rental, the tax shall	107816
be calculated by the seller on the basis of the total amount to be	107817
paid during the initial fixed term of the lease or rental, and for	107818
each subsequent renewal period as it comes due. As used in this	107819
division, "motor vehicle" has the same meaning as in section	107820
4501.01 of the Revised Code, and "watercraft" includes an outdrive	107821
unit attached to the watercraft.	107822

(3) Except as provided in division (A)(2) of this section, in	107823
the case of a transaction, the price of which consists in whole or	107824
part of the lease or rental of tangible personal property, the tax	107825
shall be measured by the installments of those leases or rentals.	107826

(B) Each consumer, storing, using, or otherwise consuming in	107827
this state tangible personal property or realizing in this state	107828
the benefit of any service provided, shall be liable for the tax,	107829
and such liability shall not be extinguished until the tax has	107830
been paid to this state; provided, that the consumer shall be	107831
relieved from further liability for the tax if the tax has been	107832
paid to a seller in accordance with section 5741.04 of the Revised	107833
Code or prepaid by the seller in accordance with section 5741.06	107834
of the Revised Code.	107835

(C) The tax does not apply to the storage, use, or	107836
consumption in this state of the following described tangible	107837
personal property or services, nor to the storage, use, or	107838
consumption or benefit in this state of tangible personal property	107839
or services purchased under the following described circumstances:	107840

(1) When the sale of property or service in this state is	107841
subject to the excise tax imposed by sections 5739.01 to 5739.31	107842
of the Revised Code, provided said tax has been paid;	107843

(2) Except as provided in division (D) of this section,	107844
tangible personal property or services, the acquisition of which,	107845
if made in Ohio, would be a sale not subject to the tax imposed by	107846
sections 5739.01 to 5739.31 of the Revised Code;	107847

(3) Property or services, the storage, use, or other	107848
consumption of or benefit from which this state is prohibited from	107849
taxing by the Constitution of the United States, laws of the	107850
United States, or the Constitution of this state. This exemption	107851
shall not exempt from the application of the tax imposed by this	107852
section the storage, use, or consumption of tangible personal	107853
property that was purchased in interstate commerce, but that has	107854
come to rest in this state, provided that fuel to be used or	107855
transported in carrying on interstate commerce that is stopped	107856
within this state pending transfer from one conveyance to another	107857
is exempt from the excise tax imposed by this section and section	107858
5739.02 of the Revised Code;	107859

(4) Transient use of tangible personal property in this state	107860
by a nonresident tourist or vacationer, or a nonbusiness use	107861
within this state by a nonresident of this state, if the property	107862
so used was purchased outside this state for use outside this	107863
state and is not required to be registered or licensed under the	107864
laws of this state;	107865

(5) Tangible personal property or services rendered, upon	107866
which taxes have been paid to another jurisdiction to the extent	107867
of the amount of the tax paid to such other jurisdiction. Where	107868
the amount of the tax imposed by this section and imposed pursuant	107869
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	107870
exceeds the amount paid to another jurisdiction, the difference	107871
shall be allocated between the tax imposed by this section and any	107872
tax imposed by a county or a transit authority pursuant to section	107873
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	107874
to the respective rates of such taxes.	107875

As used in this subdivision, "taxes paid to another	107876
jurisdiction" means the total amount of retail sales or use tax or	107877
similar tax based upon the sale, purchase, or use of tangible	107878
personal property or services rendered legally, levied by and paid	107879
to another state or political subdivision thereof, or to the	107880
District of Columbia, where the payment of such tax does not	107881
entitle the taxpayer to any refund or credit for such payment.	107882

(6) The transfer of a used manufactured home or used mobile	107883
home, as defined by section 5739.0210 of the Revised Code, made on	107884
or after January 1, 2000;	107885

(7) Drugs that are or are intended to be distributed free of	107886
charge to a practitioner licensed to prescribe, dispense, and	107887
administer drugs to a human being in the course of a professional	107888
practice and that by law may be dispensed only by or upon the	107889
order of such a practitioner.	107890

(8) Computer equipment and related software leased from a	107891
lessor located outside this state and initially received in this	107892
state on behalf of the consumer by a third party that will retain	107893
possession of such property for not more than ninety days and that	107894
will, within that ninety-day period, deliver such property to the	107895
consumer at a location outside this state. Division (C)(8) of this	107896
section does not provide exemption from taxation for any otherwise	107897
taxable charges associated with such property while it is in this	107898
state or for any subsequent storage, use, or consumption of such	107899
property in this state by or on behalf of the consumer.	107900

(9) Tangible personal property held for sale by a person but	107901
not for that person's own use and donated by that person, without	107902
charge or other compensation, to either of the following:	107903

(a) A nonprofit organization operated exclusively for	107904
charitable purposes in this state, no part of the net income of	107905
which inures to the benefit of any private shareholder or	107906
individual and no substantial part of the activities of which	107907
consists of carrying on propaganda or otherwise attempting to	107908
influence legislation; or	107909

(b) This state or any political subdivision of this state,	107910
but only if donated for exclusively public purposes.	107911

For the purposes of division (C)(10) of this section,	107912
"charitable purposes" has the same meaning as in division (B)(12)	107913
of section 5739.02 of the Revised Code.	107914

(D) The tax applies to the storage, use, or other consumption	107915
in this state of tangible personal property or services, the	107916
acquisition of which at the time of sale was excepted under	107917
division (E) of section 5739.01 of the Revised Code from the tax	107918
imposed by section 5739.02 of the Revised Code, but which has	107919
subsequently been temporarily or permanently stored, used, or	107920
otherwise consumed in a taxable manner.	107921

(E)(1)(a) If any transaction is claimed to be exempt under	107922
division (E) of section 5739.01 of the Revised Code or under	107923
section 5739.02 of the Revised Code, with the exception of	107924
divisions (B)(1) to ~~(11)~~(10) or (28) of section 5739.02 of the	107925
Revised Code, the consumer shall provide to the seller, and the	107926
seller shall obtain from the consumer, a certificate specifying	107927
the reason that the transaction is not subject to the tax. The	107928
certificate shall be in such form, and shall be provided either in	107929
a hard copy form or electronic form, as the tax commissioner	107930
prescribes.	107931

(b) A seller that obtains a fully completed exemption	107932
certificate from a consumer is relieved of liability for	107933
collecting and remitting tax on any sale covered by that	107934
certificate. If it is determined the exemption was improperly	107935
claimed, the consumer shall be liable for any tax due on that sale	107936
under this chapter. Relief under this division from liability does	107937
not apply to any of the following:	107938

(i) A seller that fraudulently fails to collect tax;

107939

(ii) A seller that solicits consumers to participate in the	107940
unlawful claim of an exemption;	107941

(iii) A seller that accepts an exemption certificate from a	107942
consumer that claims an exemption based on who purchases or who	107943
sells property or a service, when the subject of the transaction	107944
sought to be covered by the exemption certificate is actually	107945
received by the consumer at a location operated by the seller in	107946
this state, and this state has posted to its web site an exemption	107947
certificate form that clearly and affirmatively indicates that the	107948
claimed exemption is not available in this state;	107949

(iv) A seller that accepts an exemption certificate from a	107950
consumer who claims a multiple points of use exemption under	107951
division (D) of section 5739.033 of the Revised Code, if the item	107952
purchased is tangible personal property, other than prewritten	107953
computer software.	107954

(2) The seller shall maintain records, including exemption	107955
certificates, of all sales on which a consumer has claimed an	107956
exemption, and provide them to the tax commissioner on request.	107957

(3) If no certificate is provided or obtained within ninety	107958
days after the date on which the transaction is consummated, it	107959
shall be presumed that the tax applies. Failure to have so	107960
provided or obtained a certificate shall not preclude a seller,	107961
within one hundred twenty days after the tax commissioner gives	107962
written notice of intent to levy an assessment, from either	107963
establishing that the transaction is not subject to the tax, or	107964
obtaining, in good faith, a fully completed exemption certificate.	107965

(4) If a transaction is claimed to be exempt under division	107966
(B)(13) of section 5739.02 of the Revised Code, the contractor	107967
shall obtain certification of the claimed exemption from the	107968
contractee. This certification shall be in addition to an	107969
exemption certificate provided by the contractor to the seller. A	107970
contractee that provides a certification under this division shall	107971
be deemed to be the consumer of all items purchased by the	107972
contractor under the claim of exemption, if it is subsequently	107973
determined that the exemption is not properly claimed. The	107974
certification shall be in such form as the tax commissioner	107975
prescribes.	107976

(F) A seller who files a petition for reassessment contesting	107977
the assessment of tax on transactions for which the seller	107978
obtained no valid exemption certificates, and for which the seller	107979
failed to establish that the transactions were not subject to the	107980
tax during the one-hundred-twenty-day period allowed under	107981
division (E) of this section, may present to the tax commissioner	107982
additional evidence to prove that the transactions were exempt.	107983
The seller shall file such evidence within ninety days of the	107984
receipt by the seller of the notice of assessment, except that,	107985
upon application and for reasonable cause, the tax commissioner	107986
may extend the period for submitting such evidence thirty days.	107987

(G) For the purpose of the proper administration of sections	107988
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	107989
of the tax hereby levied, it shall be presumed that any use,	107990
storage, or other consumption of tangible personal property in	107991
this state is subject to the tax until the contrary is	107992
established.	107993

(H) The tax collected by the seller from the consumer under	107994
this chapter is not part of the price, but is a tax collection for	107995
the benefit of the state, and of counties levying an additional	107996
use tax pursuant to section 5741.021 or 5741.023 of the Revised	107997
Code and of transit authorities levying an additional use tax	107998
pursuant to section 5741.022 of the Revised Code. Except for the	107999
discount authorized under section 5741.12 of the Revised Code and	108000
the effects of any rounding pursuant to section 5703.055 of the	108001
Revised Code, no person other than the state or such a county or	108002
transit authority shall derive any benefit from the collection of	108003
such tax.	108004

Sec. 5741.021. (A) ~~For the purpose of providing additional~~	108005
~~general revenues for the county or supporting criminal and~~	108006
~~administrative justice services in the county, or both, and to pay~~	108007
~~the expenses of administering such levy, any county which~~Any	108008
additional tax levied by a county under this section that is in	108009
effect on August 31, 2013, is hereby repealed, effective September	108010
1, 2013.	108011

(B) Beginning September 1, 2013 and continuing until	108012
otherwise changed by a board of county commissioners as allowed in	108013
division (C) of this section, the rate of additional tax imposed	108014
under this section in a county is the rate prescribed for that	108015
county by section 5739.0211 of the Revised Code.	108016

(C) Beginning July 1, 2016, any county that levies a tax	108017
pursuant to section 5739.021 of the Revised Code shall levy a tax	108018
for the same purpose or purposes and at the same rate as the tax	108019
levied ~~pursuant to section 5739.021 of the Revised Code~~under that	108020
section on the storage, use, or other consumption in the county of	108021
the following:	108022

(1) Motor vehicles, and watercraft and outboard motors	108023
required to be titled in the county pursuant to Chapter 1548. of	108024
the Revised Code and acquired by a transaction subject to the tax	108025
imposed by section 5739.02 of the Revised Code;	108026

(2) In addition to the tax imposed by section 5741.02 of the	108027
Revised Code, tangible personal property and services subject to	108028
the tax levied by this state as provided in section 5741.02 of the	108029
Revised Code, and tangible personal property and services	108030
purchased in another county within this state by a transaction	108031
subject to the tax imposed by section 5739.02 of the Revised Code.	108032

The tax shall be levied pursuant to a resolution of the board	108033
of county commissioners which shall be adopted after publication	108034
of notice and hearing in the same manner as provided in section	108035
5739.021 of the Revised Code. Such resolution shall be adopted and	108036
shall become effective on the same day as the resolution adopted	108037
by the board of county commissioners levying a sales tax pursuant	108038
to section 5739.021 of the Revised Code and shall remain in effect	108039
until such sales tax is repealed.	108040

~~(B)~~(D) The tax levied pursuant to this section on the	108041
storage, use, or other consumption of tangible personal property	108042
and on the benefit of a service realized shall be in addition to	108043
the tax levied by section 5741.02 of the Revised Code and, except	108044
as provided in division ~~(D)~~(F) of this section, any tax levied	108045
pursuant to sections 5741.022 ~~and 5741.023~~ of the Revised Code.	108046

~~(C)~~(E) The additional tax levied by the county shall be	108047
collected pursuant to section 5739.025 of the Revised Code. If the	108048
additional tax or some portion thereof is levied for the purpose	108049
of criminal and administrative justice services, the revenue from	108050
the tax, or the amount or rate apportioned to that purpose, shall	108051
be credited to a special fund created in the county treasury for	108052
receipt of that revenue.	108053

~~(D)~~(F) The tax levied pursuant to this section shall not be	108054
applicable to any benefit of a service realized or to any storage,	108055
use, or consumption of property not within the taxing power of a	108056
county under the constitution of the United States or the	108057
constitution of this state, or to property or services on which a	108058
tax levied by a county or transit authority pursuant to this	108059
section or section 5739.021, 5739.023, ~~5739.026,~~or 5741.022~~, or~~	108060
~~5741.023~~ of the Revised Code has been paid, if the sum of the	108061
taxes paid pursuant to those sections is equal to or greater than	108062
the sum of the taxes due under this section and ~~sections~~section	108063
5741.022 ~~and 5741.023~~ of the Revised Code. If the sum of the taxes	108064
paid is less than the sum of the taxes due under this section and	108065
~~sections~~section 5741.022 ~~and 5741.023~~ of the Revised Code, the	108066
amount of tax paid shall be credited against the amount of tax	108067
due.	108068

~~(E)~~(G) As used in this section, "criminal and administrative	108069
justice services" has the same meaning as in section 5739.021 of	108070
the Revised Code.	108071

Sec. 5741.022. (A) ~~For~~Any additional tax levied by a	108072
transit authority under this section that is in effect on August	108073
31, 2013, is hereby repealed, effective September 1, 2013.	108074

(B) Beginning September 1, 2013, and continuing until	108075
otherwise changed by a transit authority as allowed in division	108076
(C) of this section, the rate of additional tax imposed under this	108077
section in the territory of a transit authority is the rate	108078
prescribed by section 5739.0211 of the Revised Code.	108079

(C) Beginning July 1, 2016, for the purpose of providing	108080
additional general revenues for the transit authority and paying	108081
the expenses of administering such levy, any transit authority as	108082
~~defined in section 5741.01 of the Revised Code~~ that levies a tax	108083
pursuant to section 5739.023 of the Revised Code shall levy a tax	108084
at the same rate levied pursuant to such section on the storage,	108085
use, or other consumption in the territory of the transit	108086
authority of the following:	108087

(1) Motor vehicles, and watercraft and outboard motors	108088
required to be titled in the county pursuant to Chapter 1548. of	108089
the Revised Code and acquired by a transaction subject to the tax	108090
imposed by section 5739.02 of the Revised Code;	108091

(2) In addition to the tax imposed by section 5741.02 of the	108092
Revised Code, tangible personal property and services subject to	108093
the tax levied by this state as provided in section 5741.02 of the	108094
Revised Code, and tangible personal property and services	108095
purchased in another county within this state by a transaction	108096
subject to the tax imposed by section 5739.02 of the Revised Code.	108097

The tax shall be in effect at the same time and at the same	108098
rate and shall be levied pursuant to the resolution of the	108099
legislative authority of the transit authority levying a sales tax	108100
pursuant to section 5739.023 of the Revised Code.	108101

~~(B)~~(D) The tax levied pursuant to this section on the	108102
storage, use, or other consumption of tangible personal property	108103
and on the benefit of a service realized shall be in addition to	108104
the tax levied by section 5741.02 of the Revised Code and, except	108105
as provided in division ~~(D)~~(F) of this section, any tax levied	108106
pursuant to ~~sections~~section 5741.021 ~~and 5741.023~~ of the Revised	108107
Code.	108108

~~(C)~~(E) The additional tax levied by the authority shall be	108109
collected pursuant to section 5739.025 of the Revised Code.	108110

~~(D)~~(F) The tax levied pursuant to this section shall not be	108111
applicable to any benefit of a service realized or to any storage,	108112
use, or consumption of property not within the taxing power of a	108113
transit authority under the constitution of the United States or	108114
the constitution of this state, or to property or services on	108115
which a tax levied by a county or transit authority pursuant to	108116
this section or section 5739.021, 5739.023, ~~5739.026,~~or 5741.021,	108117
~~or 5741.023~~ of the Revised Code has been paid, if the sum of the	108118
taxes paid pursuant to those sections is equal to or greater than	108119
the sum of the taxes due under this section and ~~sections~~section	108120
5741.021 ~~and 5741.023~~ of the Revised Code. If the sum of the taxes	108121
paid is less than the sum of the taxes due under this section and	108122
~~sections~~section 5741.021 ~~and 5741.023~~ of the Revised Code, the	108123
amount of tax paid shall be credited against the amount of tax	108124
due.	108125

~~(E)~~(G) The rate of a tax levied under this section is subject	108126
to reduction under section 5739.028 of the Revised Code if a	108127
ballot question is approved by voters pursuant to that section.	108128

Sec. 5741.023. (A) ~~For~~The authority granted under this	108129
section terminates on the effective date of this section as	108130
amended by ....B. ... of the 130th general assembly. Any tax	108131
levied by a county under this section that is in effect on August	108132
31, 2013, is hereby repealed, effective September 1, 2013.	108133

For the same purposes for which it has imposed a tax under	108134
section 5739.026 of the Revised Code, any county that levies a tax	108135
pursuant to such section shall levy a tax at the same rate levied	108136
pursuant to such section on the storage, use, or other consumption	108137
in the county of the following:	108138

(1) Motor vehicles, and watercraft and outboard motors	108139
required to be titled in the county pursuant to Chapter 1548. of	108140
the Revised Code, acquired by a transaction subject to the tax	108141
imposed by section 5739.02 of the Revised Code;	108142

(2) In addition to the tax imposed by section 5741.02 of the	108143
Revised Code, tangible personal property and services subject to	108144
the tax levied by this state as provided in section 5741.02 of the	108145
Revised Code, and tangible personal property and services	108146
purchased in another county within this state by a transaction	108147
subject to the tax imposed by section 5739.02 of the Revised Code.	108148

The tax shall be levied pursuant to a resolution of the board	108149
of county commissioners, which shall be adopted in the same manner	108150
as provided in section 5739.026 of the Revised Code. Such	108151
resolution shall be adopted and shall become effective on the same	108152
day as the resolution adopted by the board of county commissioners	108153
levying a sales tax pursuant to such section and shall remain in	108154
effect until such sales tax is repealed or expires.	108155

(B) The tax levied pursuant to this section shall be in	108156
addition to the tax levied by section 5741.02 of the Revised Code	108157
and, except as provided in division (D) of this section, any tax	108158
levied pursuant to sections 5741.021 and 5741.022 of the Revised	108159
Code.	108160

(C) The additional tax levied by the county shall be	108161
collected pursuant to section 5739.025 of the Revised Code.	108162

(D) The tax levied pursuant to this section shall not be	108163
applicable to any benefit of a service realized or to any storage,	108164
use, or consumption of property not within the taxing power of a	108165
county under the constitution of the United States or the	108166
constitution of this state, or to property or services on which	108167
tax levied by a county or transit authority pursuant to this	108168
section or section 5739.021, 5739.023, 5739.026, 5741.021, or	108169
5741.022 of the Revised Code has been paid, if the sum of the	108170
taxes paid pursuant to those sections is equal to or greater than	108171
the sum of the taxes due under this section and sections 5741.021	108172
and 5741.022 of the Revised Code. If the sum of the taxes paid is	108173
less than the sum of the taxes due under this section and sections	108174
5741.021 and 5741.022 of the Revised Code, the amount of tax paid	108175
shall be credited against the amount of tax due.	108176

Sec. 5741.05. (A) A seller that collects the tax levied by	108177
sections 5741.02, 5741.021, 5741.022, or 5741.023 of the Revised	108178
Code on transactions, other than sales of titled motor vehicles,	108179
titled watercraft, or titled outboard motors, shall determine	108180
under section 5739.033 or 5739.034 of the Revised Code the	108181
jurisdiction for which to collect the tax. A vendor or seller of	108182
motor vehicles, watercraft, or outboard motors required to be	108183
titled in this state shall collect the tax levied by section	108184
5739.02 or 5741.02 of the Revised Code and the additional taxes	108185
levied by ~~division (A)(1) of section~~sections 5741.021, ~~division~~	108186
~~(A)(1) of section~~ 5741.022, and ~~division (A)(1) of section~~	108187
5741.023 of the Revised Code for the consumer's county of	108188
residence as provided in section 1548.06 and division (B) of	108189
section 4505.06 of the Revised Code.	108190

(B) A vendor or seller is not responsible for collecting or	108191
remitting additional tax if a consumer subsequently stores, uses,	108192
or consumes the tangible personal property or service in another	108193
jurisdiction with a rate of tax imposed by sections 5741.02,	108194
5741.021, 5741.022, or 5741.023 of the Revised Code that is higher	108195
than the amount collected by the vendor or seller pursuant to	108196
Chapter 5739. or 5741. of the Revised Code.	108197

Sec. 5743.05. All stamps provided for by section 5743.03 of	108198
the Revised Code, when procured by the tax commissioner, shall be	108199
immediately delivered to the treasurer of state, who shall execute	108200
a receipt therefor showing the number and aggregate face value of	108201
each denomination received by the treasurer of state and any other	108202
information that the commissioner requires to enforce the	108203
collection and distribution of all taxes imposed under section	108204
5743.021, 5743.024, or 5743.026 of the Revised Code, and deliver	108205
the receipt to the commissioner. The treasurer of state shall sell	108206
the stamps and, on the fifth day of each month, make a report	108207
showing all sales made during the preceding month, with the names	108208
of purchasers, the number of each denomination, the aggregate face	108209
value purchased by each, and any other information as the	108210
commissioner requires to enforce the collection and distribution	108211
of all taxes imposed under section 5743.021, 5743.024, or 5743.026	108212
of the Revised Code, and deliver it to the commissioner. The	108213
treasurer of state shall be accountable for all stamps received	108214
and unsold. The stamps shall be sold and accounted for at their	108215
face value, except the commissioner shall, by rule certified to	108216
the treasurer of state, authorize the sale of stamps and meter	108217
impressions to wholesale or retail dealers in this state, or to	108218
wholesale dealers outside this state, at a discount of not less	108219
than one and eight-tenths per cent or more than ten per cent of	108220
their face value, as a commission for affixing and canceling the	108221
stamps or meter impressions.	108222

The commissioner, by rule certified to the treasurer of	108223
state, shall authorize the delivery of stamps and meter	108224
impressions to wholesale dealers in this state and to wholesale	108225
dealers outside this state on credit. ~~If such a dealer has not~~	108226
~~been in good credit standing with this state for five consecutive~~	108227
~~years preceding the purchase, the tax~~The commissioner shall	108228
require ~~the~~such a dealer to file with the commissioner a bond to	108229
the state in the amount and in the form prescribed by the	108230
commissioner, with surety to the satisfaction of the commissioner,	108231
conditioned on payment to the treasurer of state within thirty	108232
days ~~for~~after purchase of the stamps or meter impressions	108233
~~delivered within that time. If such a dealer has been in good~~	108234
~~credit standing with this state for five consecutive years~~	108235
~~preceding the purchase, the tax commissioner shall not require~~	108236
~~that the dealer file such a bond but shall require payment for the~~	108237
~~stamps and meter impressions within thirty days after purchase of~~	108238
~~the stamps and meter impressions~~. Stamps and meter impressions	108239
~~sold to a dealer not required to file a bond~~ shall be sold at face	108240
value. The maximum amount that may be sold on credit to a dealer	108241
~~not required to file a bond shall equal one hundred ten per cent~~	108242
~~of the dealer's average monthly purchases over the preceding~~	108243
~~calendar year. The maximum amount shall be adjusted to reflect any~~	108244
~~changes in the tax rate and may be adjusted, upon application to~~	108245
~~the tax commissioner by the dealer, to reflect changes in the~~	108246
~~business operations of the dealer. The maximum amount shall be~~	108247
~~applicable to the period of July through April~~shall not exceed	108248
the amount of the bond filed by the dealer. Payment by a dealer	108249
~~not required to file a bond~~ shall be remitted by electronic funds	108250
transfer as prescribed by section 5743.051 of the Revised Code. If	108251
a dealer ~~not required to file a bond~~ fails to make the payment in	108252
full within the thirty-day period, or fails to maintain a bond as	108253
required by this section, the treasurer of state shall not	108254
thereafter sell stamps or meter impressions to that dealer until	108255
the dealer pays the outstanding amount, including penalty and	108256
interest on that amount as prescribed in this chapter, and ~~the~~	108257
~~commissioner thereafter may require the dealer to file~~files and	108258
maintains a bond ~~until the dealer is restored to good standing~~in	108259
accordance with the requirements of this section. The commissioner	108260
shall limit delivery of stamps and meter impressions on credit to	108261
the period running from the first day of July of the fiscal year	108262
until the first day of the following May. Any discount allowed as	108263
a commission for affixing and canceling stamps or meter	108264
impressions shall be allowed with respect to sales of stamps and	108265
meter impressions on credit.	108266

A dealer that does not purchase stamps or meter impressions	108267
on credit may not be required to file a bond under this section.	108268

The treasurer of state shall redeem and pay for any	108269
destroyed, unused, or spoiled tax stamps and any unused meter	108270
impressions at their net value, and shall refund to wholesale	108271
dealers the net amount of state and county taxes paid erroneously	108272
or paid on cigarettes that have been sold in interstate or foreign	108273
commerce or that have become unsalable, and the net amount of	108274
county taxes that were paid on cigarettes that have been sold at	108275
retail or for retail sale outside a taxing county.	108276

An application for a refund of tax shall be filed with the	108277
tax commissioner, on the form prescribed by the commissioner for	108278
that purpose, within three years from the date the tax stamps are	108279
destroyed or spoiled, from the date of the erroneous payment, or	108280
from the date that cigarettes on which taxes have been paid have	108281
been sold in interstate or foreign commerce or have become	108282
unsalable.	108283

On the filing of the application, the commissioner shall	108284
determine the amount of refund to which the applicant is entitled,	108285
payable from receipts of the state tax, and, if applicable,	108286
payable from receipts of a county tax. If the amount is less than	108287
that claimed, the commissioner shall certify the amount to the	108288
director of budget and management and treasurer of state for	108289
payment from the tax refund fund created by section 5703.052 of	108290
the Revised Code. If the amount is less than that claimed, the	108291
commissioner shall proceed in accordance with section 5703.70 of	108292
the Revised Code.	108293

If a refund is granted for payment of an illegal or erroneous	108294
assessment issued by the department, the refund shall include	108295
interest on the amount of the refund from the date of the	108296
overpayment. The interest shall be computed at the rate per annum	108297
prescribed by section 5703.47 of the Revised Code.	108298

Sec. 5743.081. (A) If any wholesale dealer or retail dealer	108299
fails to pay the tax levied under section 5743.02, 5743.021,	108300
5743.024, or 5743.026 of the Revised Code as required by sections	108301
5743.01 to 5743.20 of the Revised Code, and by the rules of the	108302
tax commissioner, or fails to collect the tax from the purchaser	108303
or consumer, the commissioner may make an assessment against the	108304
wholesale or retail dealer based upon any information in the	108305
commissioner's possession.	108306

The commissioner may make an assessment against any wholesale	108307
or retail dealer who fails to file a return required by section	108308
5743.03 or 5743.025 of the Revised Code.	108309

No assessment shall be made against any wholesale or retail	108310
dealer for any taxes imposed under section 5743.02, 5743.021,	108311
5743.024, or 5743.026 of the Revised Code more than three years	108312
after the last day of the calendar month that immediately follows	108313
the semiannual period prescribed in section 5743.03 of the Revised	108314
Code in which the sale was made, or more than three years after	108315
the semiannual return for such period is filed, whichever is	108316
later. This section does not bar an assessment against any	108317
wholesale or retail dealer who fails to file a return as required	108318
by section 5743.025 or 5743.03 of the Revised Code, or who files a	108319
fraudulent return.	108320

A penalty of up to thirty per cent may be added to the amount	108321
of every assessment made under this section. The commissioner may	108322
adopt rules providing for the imposition and remission of	108323
penalties added to assessments made under this section.	108324

The commissioner shall give the party assessed written notice	108325
of the assessment in the manner provided in section 5703.37 of the	108326
Revised Code. The notice shall specify separately any portion of	108327
the assessment that represents a county tax. With the notice, the	108328
commissioner shall provide instructions on how to petition for	108329
reassessment and request a hearing on the petition.	108330

(B) Unless the party assessed files with the tax commissioner	108331
within sixty days after service of the notice of assessment,	108332
either personally or by certified mail, a written petition for	108333
reassessment signed by the party assessed or that party's	108334
authorized agent having knowledge of the facts, the assessment	108335
becomes final and the amount of the assessment is due and payable	108336
from the party assessed to the treasurer of state. The petition	108337
shall indicate the objections of the party assessed, but	108338
additional objections may be raised in writing if received by the	108339
commissioner prior to the date shown on the final determination.	108340
If the petition has been properly filed, the commissioner shall	108341
proceed under section 5703.60 of the Revised Code.	108342

(C) After an assessment becomes final, if any portion of the	108343
assessment remains unpaid, including accrued interest, a certified	108344
copy of the tax commissioner's entry making the assessment final	108345
may be filed in the office of the clerk of the court of common	108346
pleas in the county in which the wholesale or retail dealer's	108347
place of business is located or the county in which the party	108348
assessed resides. If the party assessed maintains no place of	108349
business in this state and is not a resident of this state, the	108350
certified copy of the entry may be filed in the office of the	108351
clerk of the court of common pleas of Franklin county.	108352

Immediately upon the filing of the commissioner's entry, the	108353
clerk shall enter a judgment for the state against the party	108354
assessed in the amount shown on the entry. The judgment may be	108355
filed by the clerk in a loose-leaf book entitled "special	108356
judgments for state cigarette sales tax," and shall have the same	108357
effect as other judgments. Execution shall issue upon the judgment	108358
upon the request of the tax commissioner, and all laws applicable	108359
to sales on execution shall apply to sales made under the	108360
judgment, except as otherwise provided in sections 5743.01 to	108361
5743.20 of the Revised Code.	108362

~~The portion of~~If the assessment is not paid in its entirety	108363
within sixty days after the assessment was issued, the portion of	108364
the assessment consisting of tax due shall bear interest at the	108365
rate per annum prescribed by section 5703.47 of the Revised Code	108366
from the day the commissioner issues the assessment until it is	108367
paid or until it is certified to the attorney general for	108368
collection under section 131.02 of the Revised Code, whichever	108369
comes first. If the unpaid portion of the assessment is certified	108370
to the attorney general for collection, the entire unpaid portion	108371
of the assessment shall bear interest at the rate per annum	108372
prescribed by section 5703.47 of the Revised Code from the date of	108373
certification until the date it is paid in its entirety. Interest	108374
shall be paid in the same manner as the tax and may be collected	108375
by the issuance of an assessment under this section.	108376

(D) All money collected by the tax commissioner under this	108377
section shall be paid to the treasurer of state, and when paid	108378
shall be considered as revenue arising from the taxes imposed by	108379
sections 5743.01 to 5743.20 of the Revised Code.	108380

Sec. 5743.15. (A) Except as otherwise provided in this	108381
division, no person shall engage in this state in the wholesale or	108382
retail business of trafficking in cigarettes or in the business of	108383
a manufacturer or importer of cigarettes without having a license	108384
to conduct each such activity issued by a county auditor under	108385
division (B) of this section or the tax commissioner under	108386
divisions (C) and (F) of this section. On dissolution of a	108387
partnership by death, the surviving partner may operate under the	108388
license of the partnership until expiration of the license, and	108389
the heirs or legal representatives of deceased persons, and	108390
receivers and trustees in bankruptcy appointed by any competent	108391
authority, may operate under the license of the person succeeded	108392
in possession by such heir, representative, receiver, or trustee	108393
in bankruptcy if the partner or successor notifies the issuer of	108394
the license of the dissolution or succession within thirty days	108395
after the dissolution or succession.	108396

(B)(1) Each applicant for a license to engage in the retail	108397
business of trafficking in cigarettes under this section,	108398
annually, on or before the fourth Monday of May, shall make and	108399
deliver to the county auditor of the county in which the applicant	108400
desires to engage in the retail business of trafficking in	108401
cigarettes, upon a blank form furnished by such auditor for that	108402
purpose, a statement showing the name of the applicant, each	108403
physical place in the county where the applicant's business is	108404
conducted, the nature of the business, and any other information	108405
the tax commissioner requires in the form of statement prescribed	108406
by the commissioner. If the applicant is a firm, partnership, or	108407
association other than a corporation, the application shall state	108408
the name and address of each of its members. If the applicant is a	108409
corporation, the application shall state the name and address of	108410
each of its officers. At the time of making the application	108411
required by this section, every person desiring to engage in the	108412
retail business of trafficking in cigarettes shall pay an	108413
application fee in the sum of one hundred twenty-five dollars for	108414
each physical place where the person proposes to carry on such	108415
business. Each place of business shall be deemed such space, under	108416
lease or license to, or under the control of, or under the	108417
supervision of the applicant, as is contained in one or more	108418
contiguous, adjacent, or adjoining buildings constituting an	108419
industrial plant or a place of business operated by, or under the	108420
control of, one person, or under one roof and connected by doors,	108421
halls, stairways, or elevators, which space may contain any number	108422
of points at which cigarettes are offered for sale, provided that	108423
each additional point at which cigarettes are offered for sale	108424
shall be listed in the application.	108425

(2) Upon receipt of the application and exhibition of the	108426
county treasurer's receipt showing the payment of the application	108427
fee, the county auditor shall issue to the applicant a license for	108428
each place of business designated in the application, authorizing	108429
the applicant to engage in such business at such place for one	108430
year commencing on the fourth Monday of May. The form of the	108431
license shall be prescribed by the commissioner. A duplicate	108432
license may be obtained from the county auditor upon payment of a	108433
five-dollar fee if the original license is lost, destroyed, or	108434
defaced. When an application is filed after the fourth Monday of	108435
May, the application fee required to be paid shall be proportioned	108436
in amount to the remainder of the license year, except that it	108437
shall not be less than twenty-five dollars in any one year.	108438

(3) The holder of a retail dealer's cigarette license may	108439
transfer the license to a place of business within the same county	108440
other than that designated on the license on condition that the	108441
licensee's ownership interest and business structure remain	108442
unchanged, and that the licensee applies to the county auditor	108443
therefor, upon forms approved by the commissioner and the payment	108444
of a fee of five dollars into the county treasury.	108445

(C)(1) Each applicant for a license to engage in the	108446
wholesale business of trafficking in cigarettes under this	108447
section, annually, on or before the fourth Monday in May, shall	108448
make and deliver to the tax commissioner, upon a blank form	108449
furnished by the commissioner for that purpose, a statement	108450
showing the name of the applicant, physical street address where	108451
the applicant's business is conducted, the nature of the business,	108452
and any other information required by the commissioner. If the	108453
applicant is a firm, partnership, or association other than a	108454
corporation, the applicant shall state the name and address of	108455
each of its members. If the applicant is a corporation, the	108456
applicant shall state the name and address of each of its	108457
officers. At the time of making the application required by this	108458
section, every person desiring to engage in the wholesale business	108459
of trafficking in cigarettes shall pay an application fee of one	108460
thousand dollars for each physical place where the person proposes	108461
to carry on such business. Each place of business shall be deemed	108462
such space, under lease or license to, or under the control of, or	108463
under the supervision of the applicant, as is contained in one or	108464
more contiguous, adjacent, or adjoining buildings constituting an	108465
industrial plant or a place of business operated by, or under the	108466
control of, one person, or under one roof and connected by doors,	108467
halls, stairways, or elevators. A duplicate license may be	108468
obtained from the commissioner upon payment of a	108469
twenty-five-dollar fee if the original license is lost, destroyed,	108470
or defaced.	108471

(2) Upon receipt of the application and payment of any	108472
application fee required by this section, the commissioner shall	108473
verify that the applicant is ~~in good standing under~~not in	108474
violation of any provision of Chapter 1346. ~~and~~or Title LVII of	108475
the Revised Code. The commissioner shall also verify that the	108476
applicant has filed any returns, submitted any information, and	108477
paid any outstanding taxes or fees as required by the	108478
commissioner, to the extent that the commissioner is aware of the	108479
returns, information, taxes, or fees at the time of the	108480
application. Upon approval, the commissioner shall issue to the	108481
applicant a license for each physical place of business designated	108482
in the application authorizing the applicant to engage in business	108483
at that location for one year commencing on the fourth Monday in	108484
May. For licenses issued after the fourth Monday in May, the	108485
application fee shall be reduced proportionately by the remainder	108486
of the twelve-month period for which the license is issued, except	108487
that the application fee required to be paid under this section	108488
shall be not less than two hundred dollars in any one year.	108489

(3) The holder of a wholesale dealer cigarette license may	108490
transfer the license to a place of business other than that	108491
designated on the license on condition that the licensee's	108492
ownership or business structure remains unchanged, and that the	108493
licensee applies to the commissioner for such a transfer upon a	108494
form promulgated by the commissioner and pays a fee of twenty-five	108495
dollars, which shall be deposited into the cigarette tax	108496
enforcement fund created in division (E) of this section.	108497

(D)(1) The wholesale cigarette license application fees	108498
collected under this section shall be paid into the cigarette tax	108499
enforcement fund.	108500

(2) The retail cigarette license application fees collected	108501
under this section shall be distributed as follows:	108502

(a) Thirty per cent shall be paid upon the warrant of the	108503
county auditor into the treasury of the municipal corporation or	108504
township in which the places of business for which the tax revenue	108505
was received are located;	108506

(b) Ten per cent shall be credited to the general fund of the	108507
county;	108508

(c) Sixty per cent shall be paid into the cigarette tax	108509
enforcement fund.	108510

(3) The remainder of the revenues and fines collected under	108511
this section and the penal laws relating to cigarettes shall be	108512
distributed as follows:	108513

(a) Three-fourths shall be paid upon the warrant of the	108514
county auditor into the treasury of the municipal corporation or	108515
township in which the place of business, on account of which the	108516
revenues and fines were received, is located;	108517

(b) One-fourth shall be credited to the general fund of the	108518
county.	108519

(E) There is hereby created within the state treasury the	108520
cigarette tax enforcement fund for the purpose of providing funds	108521
to assist in paying the costs of enforcing sections 1333.11 to	108522
1333.21 and Chapter 5743. of the Revised Code.	108523

The portion of cigarette license application fees received by	108524
a county auditor during the annual application period that ends on	108525
the fourth Monday in May and that is required to be deposited in	108526
the cigarette tax enforcement fund shall be sent to the treasurer	108527
of state by the thirtieth day of June each year accompanied by the	108528
form prescribed by the tax commissioner. The portion of cigarette	108529
license application fees received by each county auditor after the	108530
fourth Monday in May and that is required to be deposited in the	108531
cigarette tax enforcement fund shall be sent to the treasurer of	108532
state by the last day of the month following the month in which	108533
such fees were collected.	108534

(F)(1) Every person who desires to engage in the business of	108535
a manufacturer or importer of cigarettes shall, annually, on or	108536
before the fourth Monday of May, make and deliver to the tax	108537
commissioner, upon a blank form furnished by the commissioner for	108538
that purpose, a statement showing the name of the applicant, the	108539
nature of the applicant's business, and any other information	108540
required by the commissioner. If the applicant is a firm,	108541
partnership, or association other than a corporation, the	108542
applicant shall state the name and address of each of its members.	108543
If the applicant is a corporation, the applicant shall state the	108544
name and address of each of its officers.	108545

(2) Upon receipt of the application required under this	108546
section, the commissioner shall verify that the applicant is in	108547
~~good standing under~~not in violation of any provision of Chapter	108548
1346. ~~and~~or Title LVII of the Revised Code. The commissioner	108549
shall also verify that the applicant has filed any returns,	108550
submitted any information, and paid any outstanding taxes or fees	108551
as required by the commissioner, to the extent that the	108552
commissioner is aware of the returns, information, taxes, or fees	108553
at the time of the application. Upon approval, the commissioner	108554
shall issue to the applicant a license authorizing the applicant	108555
to engage in the business of manufacturer or importer, whichever	108556
the case may be, for one year commencing on the fourth Monday of	108557
May.	108558

(3) The issuing of a license under division (F)(1) of this	108559
section to a manufacturer does not excuse a manufacturer from the	108560
certification process required under section 1346.05 of the	108561
Revised Code. A manufacturer who is issued a license under	108562
division (F)(1) of this section and who is not listed on the	108563
directory required under section 1346.05 of the Revised Code shall	108564
not be permitted to sell cigarettes in this state other than to a	108565
licensed cigarette wholesaler for sale outside this state. Such a	108566
manufacturer shall provide documentation to the commissioner	108567
evidencing that the cigarettes are legal for sale in another	108568
state.	108569

(G) The tax commissioner may adopt rules necessary to	108570
administer this section.	108571

Sec. 5743.56. (A) Any person required to pay the tax imposed	108572
by section 5743.51, 5743.62, or 5743.63 of the Revised Code is	108573
personally liable for the tax. The tax commissioner may make an	108574
assessment, based upon any information in the commissioner's	108575
possession, against any person who fails to file a return or pay	108576
any tax, interest, or additional charge as required by this	108577
chapter. The commissioner shall give the person assessed written	108578
notice of such assessment in the manner provided in section	108579
5703.37 of the Revised Code. With the notice, the commissioner	108580
shall provide instructions on how to petition for reassessment and	108581
request a hearing on the petition.	108582

(B) When the information in the possession of the tax	108583
commissioner indicates that a person liable for the tax imposed by	108584
section 5743.51, 5743.62, or 5743.63 of the Revised Code has not	108585
paid the full amount of tax due, the commissioner may audit a	108586
representative sample of the person's business and may issue an	108587
assessment based on such audit.	108588

(C) A penalty of up to fifteen per cent may be added to all	108589
amounts assessed under this section. The tax commissioner may	108590
adopt rules providing for the imposition and remission of such	108591
penalties.	108592

(D) Unless the person assessed files with the tax	108593
commissioner within sixty days after service of the notice of	108594
assessment, either personally or by certified mail, a written	108595
petition for reassessment signed by the person assessed or that	108596
person's authorized agent having knowledge of the facts, the	108597
assessment becomes final and the amount of the assessment is due	108598
and payable from the person assessed to the treasurer of state. A	108599
petition shall indicate the objections of the person assessed, but	108600
additional objections may be raised in writing if received by the	108601
commissioner prior to the date shown on the final determination.	108602
If the petition has been properly filed, the commissioner shall	108603
proceed under section 5703.60 of the Revised Code.	108604

(E) After an assessment becomes final, if any portion of the	108605
assessment, including accrued interest, remains unpaid, a	108606
certified copy of the tax commissioner's entry making the	108607
assessment final may be filed in the office of the clerk of the	108608
court of common pleas in the county in which the person assessed	108609
resides or in which the person assessed conducts business. If the	108610
person assessed maintains no place of business in this state and	108611
is not a resident of this state, the certified copy of the entry	108612
may be filed in the office of the clerk of the court of common	108613
pleas of Franklin county.	108614

Immediately upon the filing of the entry, the clerk shall	108615
enter a judgment for the state against the person assessed in the	108616
amount shown on the entry. The judgment may be filed by the clerk	108617
in a loose-leaf book entitled "special judgments for state tobacco	108618
products tax," and shall have the same effect as other judgments.	108619
Execution shall issue upon the judgment upon the request of the	108620
commissioner, and all laws applicable to sales on execution shall	108621
apply to sales made under the judgment.	108622

~~The portion of~~If the assessment is not paid in its entirety	108623
within sixty days after the day the assessment is issued, the	108624
portion of the assessment consisting of tax due shall bear	108625
interest at the rate per annum prescribed by section 5703.47 of	108626
the Revised Code from the day the commissioner issues the	108627
assessment until the assessment is paid or until it is certified	108628
to the attorney general for collection under section 131.02 of the	108629
Revised Code, whichever comes first. If the unpaid portion of the	108630
assessment is certified to the attorney general for collection,	108631
the entire unpaid portion of the assessment shall bear interest at	108632
the rate per annum prescribed by section 5703.47 of the Revised	108633
Code from the date of certification until the date it is paid in	108634
its entirety. Interest shall be paid in the same manner as the tax	108635
and may be collected by issuing an assessment under this section.	108636

(F) If the tax commissioner believes that collection of the	108637
tax will be jeopardized unless proceedings to collect or secure	108638
collection of the tax are instituted without delay, the	108639
commissioner may issue a jeopardy assessment against the person	108640
liable for the tax. Immediately upon the issuance of the jeopardy	108641
assessment, the commissioner shall file an entry with the clerk of	108642
the court of common pleas in the manner prescribed by division (E)	108643
of this section. Notice of the jeopardy assessment shall be served	108644
on the person assessed or the legal representative of the person	108645
assessed, as provided in section 5703.37 of the Revised Code,	108646
within five days of the filing of the entry with the clerk. The	108647
total amount assessed is immediately due and payable, unless the	108648
person assessed files a petition for reassessment in accordance	108649
with division (D) of this section and provides security in a form	108650
satisfactory to the commissioner and in an amount sufficient to	108651
satisfy the unpaid balance of the assessment. Full or partial	108652
payment of the assessment does not prejudice the commissioner's	108653
consideration of the petition for reassessment.	108654

(G) All money collected by the tax commissioner under this	108655
section shall be paid to the treasurer of state as revenue arising	108656
from the tax imposed by sections 5743.51, 5743.62, and 5743.63 of	108657
the Revised Code.	108658

Sec. 5745.12. (A) If any taxpayer required to file a report	108659
under this chapter fails to file the report within the time	108660
prescribed, files an incorrect report, or fails to remit the full	108661
amount of the tax due for the period covered by the report, the	108662
tax commissioner may make an assessment against the taxpayer for	108663
any deficiency for the period for which the report or tax is due,	108664
based upon any information in the commissioner's possession.	108665

The tax commissioner shall not make or issue an assessment	108666
against a taxpayer more than three years after the later of the	108667
final date the report subject to assessment was required to be	108668
filed or the date the report was filed. Such time limit may be	108669
extended if both the taxpayer and the commissioner consent in	108670
writing to the extension. Any such extension shall extend the	108671
three-year time limit in section 5745.11 of the Revised Code for	108672
the same period of time. There shall be no bar or limit to an	108673
assessment against a taxpayer that fails to file a report subject	108674
to assessment as required by this chapter, or that files a	108675
fraudulent report. The commissioner shall give the taxpayer	108676
assessed written notice of the assessment as provided in section	108677
5703.37 of the Revised Code. With the notice, the commissioner	108678
shall provide instructions on how to petition for reassessment and	108679
request a hearing on the petition.	108680

(B) Unless the taxpayer assessed files with the tax	108681
commissioner within sixty days after service of the notice of	108682
assessment, either personally or by certified mail, a written	108683
petition for reassessment signed by the authorized agent of the	108684
taxpayer assessed having knowledge of the facts, the assessment	108685
becomes final, and the amount of the assessment is due and payable	108686
from the taxpayer to the treasurer of state. The petition shall	108687
indicate the taxpayer's objections, but additional objections may	108688
be raised in writing if received by the commissioner prior to the	108689
date shown on the final determination. If the petition has been	108690
properly filed, the commissioner shall proceed under section	108691
5703.60 of the Revised Code.	108692

(C) After an assessment becomes final, if any portion of the	108693
assessment remains unpaid, including accrued interest, a certified	108694
copy of the tax commissioner's entry making the assessment final	108695
may be filed in the office of the clerk of the court of common	108696
pleas in the county in which the taxpayer has an office or place	108697
of business in this state, the county in which the taxpayer's	108698
statutory agent is located, or Franklin county.	108699

Immediately upon the filing of the entry, the clerk shall	108700
enter a judgment against the taxpayer assessed in the amount shown	108701
on the entry. The judgment may be filed by the clerk in a	108702
loose-leaf book entitled "special judgments for municipal income	108703
taxes," and shall have the same effect as other judgments.	108704
Execution shall issue upon the judgment upon the request of the	108705
tax commissioner, and all laws applicable to sales on execution	108706
shall apply to sales made under the judgment.	108707

~~The portion of an~~If the assessment is not paid in its	108708
entirety within sixty days after the day the assessment was	108709
issued, the portion of the assessment consisting of tax due shall	108710
bear interest at the rate per annum prescribed by section 5703.47	108711
of the Revised Code from the day the commissioner issues the	108712
assessment until the assessment is paid or until it is certified	108713
to the attorney general for collection under section 131.02 of the	108714
Revised Code, whichever comes first. If the unpaid portion of the	108715
assessment is certified to the attorney general for collection,	108716
the entire unpaid portion of the assessment shall bear interest at	108717
the rate per annum prescribed by section 5703.47 of the Revised	108718
Code from the date of certification until the date it is paid in	108719
its entirety. Interest shall be paid in the same manner as the tax	108720
and may be collected by issuing an assessment under this section.	108721

(D) All money collected under this section shall be credited	108722
and distributed to the municipal corporation to which the money is	108723
owed based on the assessment issued under this section.	108724

(E) If the tax commissioner believes that collection of the	108725
tax imposed by this chapter will be jeopardized unless proceedings	108726
to collect or secure collection of the tax are instituted without	108727
delay, the commissioner may issue a jeopardy assessment against	108728
the taxpayer liable for the tax. Immediately upon the issuance of	108729
the jeopardy assessment, the commissioner shall file an entry with	108730
the clerk of the court of common pleas in the manner prescribed by	108731
division (C) of this section. Notice of the jeopardy assessment	108732
shall be served on the taxpayer assessed or the taxpayer's legal	108733
representative in the manner provided in section 5703.37 of the	108734
Revised Code within five days of the filing of the entry with the	108735
clerk. The total amount assessed is immediately due and payable,	108736
unless the taxpayer assessed files a petition for reassessment in	108737
accordance with division (B) of this section and provides security	108738
in a form satisfactory to the commissioner and in an amount	108739
sufficient to satisfy the unpaid balance of the assessment. Full	108740
or partial payment of the assessment does not prejudice the	108741
commissioner's consideration of the petition for reassessment.	108742

(F) Notwithstanding the fact that a petition for reassessment	108743
is pending, the taxpayer may pay all or a portion of the	108744
assessment that is the subject of the petition. The acceptance of	108745
a payment by the treasurer of state does not prejudice any claim	108746
for refund upon final determination of the petition.	108747

If upon final determination of the petition an error in the	108748
assessment is corrected by the tax commissioner, upon petition so	108749
filed or pursuant to a decision of the board of tax appeals or any	108750
court to which the determination or decision has been appealed, so	108751
that the amount due from the taxpayer under the corrected	108752
assessment is less than the portion paid, there shall be issued to	108753
the taxpayer, its assigns, or legal representative a refund in the	108754
amount of the overpayment as provided by section 5745.11 of the	108755
Revised Code, with interest on that amount as provided by section	108756
5745.11 of the Revised Code.	108757

Sec. 5747.01. Except as otherwise expressly provided or	108758
clearly appearing from the context, any term used in this chapter	108759
that is not otherwise defined in this section has the same meaning	108760
as when used in a comparable context in the laws of the United	108761
States relating to federal income taxes or if not used in a	108762
comparable context in those laws, has the same meaning as in	108763
section 5733.40 of the Revised Code. Any reference in this chapter	108764
to the Internal Revenue Code includes other laws of the United	108765
States relating to federal income taxes.	108766

As used in this chapter:

108767

(A) "Adjusted gross income" or "Ohio adjusted gross income"	108768
means federal adjusted gross income, as defined and used in the	108769
Internal Revenue Code, adjusted as provided in this section:	108770

(1) Add interest or dividends on obligations or securities of	108771
any state or of any political subdivision or authority of any	108772
state, other than this state and its subdivisions and authorities.	108773

(2) Add interest or dividends on obligations of any	108774
authority, commission, instrumentality, territory, or possession	108775
of the United States to the extent that the interest or dividends	108776
are exempt from federal income taxes but not from state income	108777
taxes.	108778

(3) Deduct interest or dividends on obligations of the United	108779
States and its territories and possessions or of any authority,	108780
commission, or instrumentality of the United States to the extent	108781
that the interest or dividends are included in federal adjusted	108782
gross income but exempt from state income taxes under the laws of	108783
the United States.	108784

(4) Deduct disability and survivor's benefits to the extent	108785
included in federal adjusted gross income.	108786

(5) Deduct benefits under Title II of the Social Security Act	108787
and tier 1 railroad retirement benefits to the extent included in	108788
federal adjusted gross income under section 86 of the Internal	108789
Revenue Code.	108790

(6) In the case of a taxpayer who is a beneficiary of a trust	108791
that makes an accumulation distribution as defined in section 665	108792
of the Internal Revenue Code, add, for the beneficiary's taxable	108793
years beginning before 2002, the portion, if any, of such	108794
distribution that does not exceed the undistributed net income of	108795
the trust for the three taxable years preceding the taxable year	108796
in which the distribution is made to the extent that the portion	108797
was not included in the trust's taxable income for any of the	108798
trust's taxable years beginning in 2002 or thereafter.	108799
"Undistributed net income of a trust" means the taxable income of	108800
the trust increased by (a)(i) the additions to adjusted gross	108801
income required under division (A) of this section and (ii) the	108802
personal exemptions allowed to the trust pursuant to section	108803
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	108804
deductions to adjusted gross income required under division (A) of	108805
this section, (ii) the amount of federal income taxes attributable	108806
to such income, and (iii) the amount of taxable income that has	108807
been included in the adjusted gross income of a beneficiary by	108808
reason of a prior accumulation distribution. Any undistributed net	108809
income included in the adjusted gross income of a beneficiary	108810
shall reduce the undistributed net income of the trust commencing	108811
with the earliest years of the accumulation period.	108812

(7) Deduct the amount of wages and salaries, if any, not	108813
otherwise allowable as a deduction but that would have been	108814
allowable as a deduction in computing federal adjusted gross	108815
income for the taxable year, had the targeted jobs credit allowed	108816
and determined under sections 38, 51, and 52 of the Internal	108817
Revenue Code not been in effect.	108818

(8) Deduct any interest or interest equivalent on public	108819
obligations and purchase obligations to the extent that the	108820
interest or interest equivalent is included in federal adjusted	108821
gross income.	108822

(9) Add any loss or deduct any gain resulting from the sale,	108823
exchange, or other disposition of public obligations to the extent	108824
that the loss has been deducted or the gain has been included in	108825
computing federal adjusted gross income.	108826

(10) Deduct or add amounts, as provided under section 5747.70	108827
of the Revised Code, related to contributions to variable college	108828
savings program accounts made or tuition units purchased pursuant	108829
to Chapter 3334. of the Revised Code.	108830

(11)(a) Deduct, to the extent not otherwise allowable as a	108831
deduction or exclusion in computing federal or Ohio adjusted gross	108832
income for the taxable year, the amount the taxpayer paid during	108833
the taxable year for medical care insurance and qualified	108834
long-term care insurance for the taxpayer, the taxpayer's spouse,	108835
and dependents. No deduction for medical care insurance under	108836
division (A)(11) of this section shall be allowed either to any	108837
taxpayer who is eligible to participate in any subsidized health	108838
plan maintained by any employer of the taxpayer or of the	108839
taxpayer's spouse, or to any taxpayer who is entitled to, or on	108840
application would be entitled to, benefits under part A of Title	108841
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	108842
301, as amended. For the purposes of division (A)(11)(a) of this	108843
section, "subsidized health plan" means a health plan for which	108844
the employer pays any portion of the plan's cost. The deduction	108845
allowed under division (A)(11)(a) of this section shall be the net	108846
of any related premium refunds, related premium reimbursements, or	108847
related insurance premium dividends received during the taxable	108848
year.	108849

(b) Deduct, to the extent not otherwise deducted or excluded	108850
in computing federal or Ohio adjusted gross income during the	108851
taxable year, the amount the taxpayer paid during the taxable	108852
year, not compensated for by any insurance or otherwise, for	108853
medical care of the taxpayer, the taxpayer's spouse, and	108854
dependents, to the extent the expenses exceed seven and one-half	108855
per cent of the taxpayer's federal adjusted gross income.	108856

(c) Deduct, to the extent not otherwise deducted or excluded	108857
in computing federal or Ohio adjusted gross income, any amount	108858
included in federal adjusted gross income under section 105 or not	108859
excluded under section 106 of the Internal Revenue Code solely	108860
because it relates to an accident and health plan for a person who	108861
otherwise would be a "qualifying relative" and thus a "dependent"	108862
under section 152 of the Internal Revenue Code but for the fact	108863
that the person fails to meet the income and support limitations	108864
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	108865

(d) For purposes of division (A)(11) of this section,	108866
"medical care" has the meaning given in section 213 of the	108867
Internal Revenue Code, subject to the special rules, limitations,	108868
and exclusions set forth therein, and "qualified long-term care"	108869
has the same meaning given in section 7702B(c) of the Internal	108870
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	108871
of this section, "dependent" includes a person who otherwise would	108872
be a "qualifying relative" and thus a "dependent" under section	108873
152 of the Internal Revenue Code but for the fact that the person	108874
fails to meet the income and support limitations under section	108875
152(d)(1)(B) and (C) of the Internal Revenue Code.	108876

(12)(a) Deduct any amount included in federal adjusted gross	108877
income solely because the amount represents a reimbursement or	108878
refund of expenses that in any year the taxpayer had deducted as	108879
an itemized deduction pursuant to section 63 of the Internal	108880
Revenue Code and applicable United States department of the	108881
treasury regulations. The deduction otherwise allowed under	108882
division (A)(12)(a) of this section shall be reduced to the extent	108883
the reimbursement is attributable to an amount the taxpayer	108884
deducted under this section in any taxable year.	108885

(b) Add any amount not otherwise included in Ohio adjusted	108886
gross income for any taxable year to the extent that the amount is	108887
attributable to the recovery during the taxable year of any amount	108888
deducted or excluded in computing federal or Ohio adjusted gross	108889
income in any taxable year.	108890

(13) Deduct any portion of the deduction described in section	108891
1341(a)(2) of the Internal Revenue Code, for repaying previously	108892
reported income received under a claim of right, that meets both	108893
of the following requirements:	108894

(a) It is allowable for repayment of an item that was	108895
included in the taxpayer's adjusted gross income for a prior	108896
taxable year and did not qualify for a credit under division (A)	108897
or (B) of section 5747.05 of the Revised Code for that year;	108898

(b) It does not otherwise reduce the taxpayer's adjusted	108899
gross income for the current or any other taxable year.	108900

(14) Deduct an amount equal to the deposits made to, and net	108901
investment earnings of, a medical savings account during the	108902
taxable year, in accordance with section 3924.66 of the Revised	108903
Code. The deduction allowed by division (A)(14) of this section	108904
does not apply to medical savings account deposits and earnings	108905
otherwise deducted or excluded for the current or any other	108906
taxable year from the taxpayer's federal adjusted gross income.	108907

(15)(a) Add an amount equal to the funds withdrawn from a	108908
medical savings account during the taxable year, and the net	108909
investment earnings on those funds, when the funds withdrawn were	108910
used for any purpose other than to reimburse an account holder	108911
for, or to pay, eligible medical expenses, in accordance with	108912
section 3924.66 of the Revised Code;	108913

(b) Add the amounts distributed from a medical savings	108914
account under division (A)(2) of section 3924.68 of the Revised	108915
Code during the taxable year.	108916

(16) Add any amount claimed as a credit under section	108917
5747.059 or 5747.65 of the Revised Code to the extent that such	108918
amount satisfies either of the following:	108919

(a) The amount was deducted or excluded from the computation	108920
of the taxpayer's federal adjusted gross income as required to be	108921
reported for the taxpayer's taxable year under the Internal	108922
Revenue Code;	108923

(b) The amount resulted in a reduction of the taxpayer's	108924
federal adjusted gross income as required to be reported for any	108925
of the taxpayer's taxable years under the Internal Revenue Code.	108926

(17) Deduct the amount contributed by the taxpayer to an	108927
individual development account program established by a county	108928
department of job and family services pursuant to sections 329.11	108929
to 329.14 of the Revised Code for the purpose of matching funds	108930
deposited by program participants. On request of the tax	108931
commissioner, the taxpayer shall provide any information that, in	108932
the tax commissioner's opinion, is necessary to establish the	108933
amount deducted under division (A)(17) of this section.	108934

(18) Beginning in taxable year 2001 but not for any taxable	108935
year beginning after December 31, 2005, if the taxpayer is married	108936
and files a joint return and the combined federal adjusted gross	108937
income of the taxpayer and the taxpayer's spouse for the taxable	108938
year does not exceed one hundred thousand dollars, or if the	108939
taxpayer is single and has a federal adjusted gross income for the	108940
taxable year not exceeding fifty thousand dollars, deduct amounts	108941
paid during the taxable year for qualified tuition and fees paid	108942
to an eligible institution for the taxpayer, the taxpayer's	108943
spouse, or any dependent of the taxpayer, who is a resident of	108944
this state and is enrolled in or attending a program that	108945
culminates in a degree or diploma at an eligible institution. The	108946
deduction may be claimed only to the extent that qualified tuition	108947
and fees are not otherwise deducted or excluded for any taxable	108948
year from federal or Ohio adjusted gross income. The deduction may	108949
not be claimed for educational expenses for which the taxpayer	108950
claims a credit under section 5747.27 of the Revised Code.	108951

(19) Add any reimbursement received during the taxable year	108952
of any amount the taxpayer deducted under division (A)(18) of this	108953
section in any previous taxable year to the extent the amount is	108954
not otherwise included in Ohio adjusted gross income.	108955

(20)(a)(i) Subject to divisions (A)(20)(a)(iii), (iv), and	108956
(v) of this section, add five-sixths of the amount of depreciation	108957
expense allowed by subsection (k) of section 168 of the Internal	108958
Revenue Code, including the taxpayer's proportionate or	108959
distributive share of the amount of depreciation expense allowed	108960
by that subsection to a pass-through entity in which the taxpayer	108961
has a direct or indirect ownership interest.	108962

(ii) Subject to divisions (A)(20)(a)(iii), (iv), and (v) of	108963
this section, add five-sixths of the amount of qualifying section	108964
179 depreciation expense, including the taxpayer's proportionate	108965
or distributive share of the amount of qualifying section 179	108966
depreciation expense allowed to any pass-through entity in which	108967
the taxpayer has a direct or indirect ownership interest.	108968

(iii) Subject to division (A)(20)(a)(v) of this section, for	108969
taxable years beginning in 2012 or thereafter, if the increase in	108970
income taxes withheld by the taxpayer is equal to or greater than	108971
ten per cent of income taxes withheld by the taxpayer during the	108972
taxpayer's immediately preceding taxable year, "two-thirds" shall	108973
be substituted for "five-sixths" for the purpose of divisions	108974
(A)(20)(a)(i) and (ii) of this section.	108975

(iv) Subject to division (A)(20)(a)(v) of this section, for	108976
taxable years beginning in 2012 or thereafter, a taxpayer is not	108977
required to add an amount under division (A)(20) of this section	108978
if the increase in income taxes withheld by the taxpayer and by	108979
any pass-through entity in which the taxpayer has a direct or	108980
indirect ownership interest is equal to or greater than the sum of	108981
(I) the amount of qualifying section 179 depreciation expense and	108982
(II) the amount of depreciation expense allowed to the taxpayer by	108983
subsection (k) of section 168 of the Internal Revenue Code, and	108984
including the taxpayer's proportionate or distributive shares of	108985
such amounts allowed to any such pass-through entities.	108986

(v) If a taxpayer directly or indirectly incurs a net	108987
operating loss for the taxable year for federal income tax	108988
purposes, to the extent such loss resulted from depreciation	108989
expense allowed by subsection (k) of section 168 of the Internal	108990
Revenue Code and by qualifying section 179 depreciation expense,	108991
"the entire" shall be substituted for "five-sixths of the" for the	108992
purpose of divisions (A)(20)(a)(i) and (ii) of this section.	108993

The tax commissioner, under procedures established by the	108994
commissioner, may waive the add-backs related to a pass-through	108995
entity if the taxpayer owns, directly or indirectly, less than	108996
five per cent of the pass-through entity.	108997

(b) Nothing in division (A)(20) of this section shall be	108998
construed to adjust or modify the adjusted basis of any asset.	108999

(c) To the extent the add-back required under division	109000
(A)(20)(a) of this section is attributable to property generating	109001
nonbusiness income or loss allocated under section 5747.20 of the	109002
Revised Code, the add-back shall be sitused to the same location	109003
as the nonbusiness income or loss generated by the property for	109004
the purpose of determining the credit under division (A) of	109005
section 5747.05 of the Revised Code. Otherwise, the add-back shall	109006
be apportioned, subject to one or more of the four alternative	109007
methods of apportionment enumerated in section 5747.21 of the	109008
Revised Code.	109009

(d) For the purposes of division (A)(20)(a)(v) of this	109010
section, net operating loss carryback and carryforward shall not	109011
include the allowance of any net operating loss deduction	109012
carryback or carryforward to the taxable year to the extent such	109013
loss resulted from depreciation allowed by section 168(k) of the	109014
Internal Revenue Code and by the qualifying section 179	109015
depreciation expense amount.	109016

(e) For the purposes of divisions (A)(20) and (21) of this	109017
section:	109018

(i) "Income taxes withheld" means the total amount withheld	109019
and remitted under sections 5747.06 and 5747.07 of the Revised	109020
Code by an employer during the employer's taxable year.	109021

(ii) "Increase in income taxes withheld" means the amount by	109022
which the amount of income taxes withheld by an employer during	109023
the employer's current taxable year exceeds the amount of income	109024
taxes withheld by that employer during the employer's immediately	109025
preceding taxable year.	109026

(iii) "Qualifying section 179 depreciation expense" means the	109027
difference between (I) the amount of depreciation expense directly	109028
or indirectly allowed to a taxpayer under section 179 of the	109029
Internal Revised Code, and (II) the amount of depreciation expense	109030
directly or indirectly allowed to the taxpayer under section 179	109031
of the Internal Revenue Code as that section existed on December	109032
31, 2002.	109033

(21)(a) If the taxpayer was required to add an amount under	109034
division (A)(20)(a) of this section for a taxable year, deduct one	109035
of the following:	109036

(i) One-fifth of the amount so added for each of the five	109037
succeeding taxable years if the amount so added was five-sixths of	109038
qualifying section 179 depreciation expense or depreciation	109039
expense allowed by subsection (k) of section 168 of the Internal	109040
Revenue Code;	109041

(ii) One-half of the amount so added for each of the two	109042
succeeding taxable years if the amount so added was two-thirds of	109043
such depreciation expense;	109044

(iii) One-sixth of the amount so added for each of the six	109045
succeeding taxable years if the entire amount of such depreciation	109046
expense was so added.	109047

(b) If the amount deducted under division (A)(21)(a) of this	109048
section is attributable to an add-back allocated under division	109049
(A)(20)(c) of this section, the amount deducted shall be sitused	109050
to the same location. Otherwise, the add-back shall be apportioned	109051
using the apportionment factors for the taxable year in which the	109052
deduction is taken, subject to one or more of the four alternative	109053
methods of apportionment enumerated in section 5747.21 of the	109054
Revised Code.	109055

(c) No deduction is available under division (A)(21)(a) of	109056
this section with regard to any depreciation allowed by section	109057
168(k) of the Internal Revenue Code and by the qualifying section	109058
179 depreciation expense amount to the extent that such	109059
depreciation results in or increases a federal net operating loss	109060
carryback or carryforward. If no such deduction is available for a	109061
taxable year, the taxpayer may carry forward the amount not	109062
deducted in such taxable year to the next taxable year and add	109063
that amount to any deduction otherwise available under division	109064
(A)(21)(a) of this section for that next taxable year. The	109065
carryforward of amounts not so deducted shall continue until the	109066
entire addition required by division (A)(20)(a) of this section	109067
has been deducted.	109068

(d) No refund shall be allowed as a result of adjustments	109069
made by division (A)(21) of this section.	109070

(22) Deduct, to the extent not otherwise deducted or excluded	109071
in computing federal or Ohio adjusted gross income for the taxable	109072
year, the amount the taxpayer received during the taxable year as	109073
reimbursement for life insurance premiums under section 5919.31 of	109074
the Revised Code.	109075

(23) Deduct, to the extent not otherwise deducted or excluded	109076
in computing federal or Ohio adjusted gross income for the taxable	109077
year, the amount the taxpayer received during the taxable year as	109078
a death benefit paid by the adjutant general under section 5919.33	109079
of the Revised Code.	109080

(24) Deduct, to the extent included in federal adjusted gross	109081
income and not otherwise allowable as a deduction or exclusion in	109082
computing federal or Ohio adjusted gross income for the taxable	109083
year, military pay and allowances received by the taxpayer during	109084
the taxable year for active duty service in the United States	109085
army, air force, navy, marine corps, or coast guard or reserve	109086
components thereof or the national guard. The deduction may not be	109087
claimed for military pay and allowances received by the taxpayer	109088
while the taxpayer is stationed in this state.	109089

(25) Deduct, to the extent not otherwise allowable as a	109090
deduction or exclusion in computing federal or Ohio adjusted gross	109091
income for the taxable year and not otherwise compensated for by	109092
any other source, the amount of qualified organ donation expenses	109093
incurred by the taxpayer during the taxable year, not to exceed	109094
ten thousand dollars. A taxpayer may deduct qualified organ	109095
donation expenses only once for all taxable years beginning with	109096
taxable years beginning in 2007.	109097

For the purposes of division (A)(25) of this section:

109098

(a) "Human organ" means all or any portion of a human liver,	109099
pancreas, kidney, intestine, or lung, and any portion of human	109100
bone marrow.	109101

(b) "Qualified organ donation expenses" means travel	109102
expenses, lodging expenses, and wages and salary forgone by a	109103
taxpayer in connection with the taxpayer's donation, while living,	109104
of one or more of the taxpayer's human organs to another human	109105
being.	109106

(26) Deduct, to the extent not otherwise deducted or excluded	109107
in computing federal or Ohio adjusted gross income for the taxable	109108
year, amounts received by the taxpayer as retired military	109109
personnel pay for service in the United States army, navy, air	109110
force, coast guard, or marine corps or reserve components thereof,	109111
or the national guard, or received by the surviving spouse or	109112
former spouse of such a taxpayer under the survivor benefit plan	109113
on account of such a taxpayer's death. If the taxpayer receives	109114
income on account of retirement paid under the federal civil	109115
service retirement system or federal employees retirement system,	109116
or under any successor retirement program enacted by the congress	109117
of the United States that is established and maintained for	109118
retired employees of the United States government, and such	109119
retirement income is based, in whole or in part, on credit for the	109120
taxpayer's military service, the deduction allowed under this	109121
division shall include only that portion of such retirement income	109122
that is attributable to the taxpayer's military service, to the	109123
extent that portion of such retirement income is otherwise	109124
included in federal adjusted gross income and is not otherwise	109125
deducted under this section. Any amount deducted under division	109126
(A)(26) of this section is not included in a taxpayer's adjusted	109127
gross income for the purposes of section 5747.055 of the Revised	109128
Code. No amount may be deducted under division (A)(26) of this	109129
section on the basis of which a credit was claimed under section	109130
5747.055 of the Revised Code.	109131

(27) Deduct, to the extent not otherwise deducted or excluded	109132
in computing federal or Ohio adjusted gross income for the taxable	109133
year, the amount the taxpayer received during the taxable year	109134
from the military injury relief fund created in section 5101.98 of	109135
the Revised Code.	109136

(28) Deduct, to the extent not otherwise deducted or excluded	109137
in computing federal or Ohio adjusted gross income for the taxable	109138
year, the amount the taxpayer received as a veterans bonus during	109139
the taxable year from the Ohio department of veterans services as	109140
authorized by Section 2r of Article VIII, Ohio Constitution.	109141

(29) ~~Deduct, to the extent not otherwise deducted or excluded~~	109142
~~in computing federal or Ohio adjusted gross income for the taxable~~	109143
~~year, any loss from wagering transactions that is allowed as an~~	109144
~~itemized deduction under section 165 of the Internal Revenue Code~~	109145
~~and that the taxpayer deducted in computing federal taxable~~	109146
~~income.~~	109147

~~(30)~~ Deduct, to the extent not otherwise deducted or excluded	109148
in computing federal or Ohio adjusted gross income for the taxable	109149
year, any income derived from providing public services under a	109150
contract through a project owned by the state, as described in	109151
section 126.604 of the Revised Code or derived from a transfer	109152
agreement or from the enterprise transferred under that agreement	109153
under section 4313.02 of the Revised Code.	109154

~~(31)~~(30) Deduct, to the extent not otherwise deducted or	109155
excluded in computing federal or Ohio adjusted gross income for	109156
the taxable year, Ohio college opportunity or federal Pell grant	109157
amounts received by the taxpayer or the taxpayer's spouse or	109158
dependent pursuant to section 3333.122 of the Revised Code or 20	109159
U.S.C. 1070a, et seq., and used to pay room or board furnished by	109160
the educational institution for which the grant was awarded at the	109161
institution's facilities, including meal plans administered by the	109162
institution. For the purposes of this division, receipt of a grant	109163
includes the distribution of a grant directly to an educational	109164
institution and the crediting of the grant to the enrollee's	109165
account with the institution.	109166

(31) Deduct one-half of the taxpayer's Ohio small business	109167
investor income, not to exceed one hundred eighty-seven thousand	109168
five hundred dollars for each spouse if spouses file separate	109169
returns under section 5747.08 of the Revised Code or three hundred	109170
seventy-five thousand dollars for all other taxpayers. No	109171
pass-through entity may claim a deduction under this division.	109172

For the purposes of this division, "Ohio small business	109173
investor income" means the portion of a taxpayer's adjusted gross	109174
income that is business income reduced by deductions from business	109175
income and apportioned or allocated to this state under sections	109176
5747.21 and 5747.22 of the Revised Code, to the extent not	109177
otherwise deducted or excluded in computing federal or Ohio	109178
adjusted gross income for the taxable year.	109179

(B) "Business income" means income, including gain or loss,	109180
arising from transactions, activities, and sources in the regular	109181
course of a trade or business and includes income, gain, or loss	109182
from real property, tangible property, and intangible property if	109183
the acquisition, rental, management, and disposition of the	109184
property constitute integral parts of the regular course of a	109185
trade or business operation. "Business income" includes income,	109186
including gain or loss, from a partial or complete liquidation of	109187
a business, including, but not limited to, gain or loss from the	109188
sale or other disposition of goodwill.	109189

(C) "Nonbusiness income" means all income other than business	109190
income and may include, but is not limited to, compensation, rents	109191
and royalties from real or tangible personal property, capital	109192
gains, interest, dividends and distributions, patent or copyright	109193
royalties, or lottery winnings, prizes, and awards.	109194

(D) "Compensation" means any form of remuneration paid to an	109195
employee for personal services.	109196

(E) "Fiduciary" means a guardian, trustee, executor,	109197
administrator, receiver, conservator, or any other person acting	109198
in any fiduciary capacity for any individual, trust, or estate.	109199

(F) "Fiscal year" means an accounting period of twelve months	109200
ending on the last day of any month other than December.	109201

(G) "Individual" means any natural person.

109202

(H) "Internal Revenue Code" means the "Internal Revenue Code	109203
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	109204

(I) "Resident" means any of the following, provided that	109205
division (I)(3) of this section applies only to taxable years of a	109206
trust beginning in 2002 or thereafter:	109207

(1) An individual who is domiciled in this state, subject to	109208
section 5747.24 of the Revised Code;	109209

(2) The estate of a decedent who at the time of death was	109210
domiciled in this state. The domicile tests of section 5747.24 of	109211
the Revised Code are not controlling for purposes of division	109212
(I)(2) of this section.	109213

(3) A trust that, in whole or part, resides in this state. If	109214
only part of a trust resides in this state, the trust is a	109215
resident only with respect to that part.	109216

For the purposes of division (I)(3) of this section:

109217

(a) A trust resides in this state for the trust's current	109218
taxable year to the extent, as described in division (I)(3)(d) of	109219
this section, that the trust consists directly or indirectly, in	109220
whole or in part, of assets, net of any related liabilities, that	109221
were transferred, or caused to be transferred, directly or	109222
indirectly, to the trust by any of the following:	109223

(i) A person, a court, or a governmental entity or	109224
instrumentality on account of the death of a decedent, but only if	109225
the trust is described in division (I)(3)(e)(i) or (ii) of this	109226
section;	109227

(ii) A person who was domiciled in this state for the	109228
purposes of this chapter when the person directly or indirectly	109229
transferred assets to an irrevocable trust, but only if at least	109230
one of the trust's qualifying beneficiaries is domiciled in this	109231
state for the purposes of this chapter during all or some portion	109232
of the trust's current taxable year;	109233

(iii) A person who was domiciled in this state for the	109234
purposes of this chapter when the trust document or instrument or	109235
part of the trust document or instrument became irrevocable, but	109236
only if at least one of the trust's qualifying beneficiaries is a	109237
resident domiciled in this state for the purposes of this chapter	109238
during all or some portion of the trust's current taxable year. If	109239
a trust document or instrument became irrevocable upon the death	109240
of a person who at the time of death was domiciled in this state	109241
for purposes of this chapter, that person is a person described in	109242
division (I)(3)(a)(iii) of this section.	109243

(b) A trust is irrevocable to the extent that the transferor	109244
is not considered to be the owner of the net assets of the trust	109245
under sections 671 to 678 of the Internal Revenue Code.	109246

(c) With respect to a trust other than a charitable lead	109247
trust, "qualifying beneficiary" has the same meaning as "potential	109248
current beneficiary" as defined in section 1361(e)(2) of the	109249
Internal Revenue Code, and with respect to a charitable lead trust	109250
"qualifying beneficiary" is any current, future, or contingent	109251
beneficiary, but with respect to any trust "qualifying	109252
beneficiary" excludes a person or a governmental entity or	109253
instrumentality to any of which a contribution would qualify for	109254
the charitable deduction under section 170 of the Internal Revenue	109255
Code.	109256

(d) For the purposes of division (I)(3)(a) of this section,	109257
the extent to which a trust consists directly or indirectly, in	109258
whole or in part, of assets, net of any related liabilities, that	109259
were transferred directly or indirectly, in whole or part, to the	109260
trust by any of the sources enumerated in that division shall be	109261
ascertained by multiplying the fair market value of the trust's	109262
assets, net of related liabilities, by the qualifying ratio, which	109263
shall be computed as follows:	109264

(i) The first time the trust receives assets, the numerator	109265
of the qualifying ratio is the fair market value of those assets	109266
at that time, net of any related liabilities, from sources	109267
enumerated in division (I)(3)(a) of this section. The denominator	109268
of the qualifying ratio is the fair market value of all the	109269
trust's assets at that time, net of any related liabilities.	109270

(ii) Each subsequent time the trust receives assets, a	109271
revised qualifying ratio shall be computed. The numerator of the	109272
revised qualifying ratio is the sum of (1) the fair market value	109273
of the trust's assets immediately prior to the subsequent	109274
transfer, net of any related liabilities, multiplied by the	109275
qualifying ratio last computed without regard to the subsequent	109276
transfer, and (2) the fair market value of the subsequently	109277
transferred assets at the time transferred, net of any related	109278
liabilities, from sources enumerated in division (I)(3)(a) of this	109279
section. The denominator of the revised qualifying ratio is the	109280
fair market value of all the trust's assets immediately after the	109281
subsequent transfer, net of any related liabilities.	109282

(iii) Whether a transfer to the trust is by or from any of	109283
the sources enumerated in division (I)(3)(a) of this section shall	109284
be ascertained without regard to the domicile of the trust's	109285
beneficiaries.	109286

(e) For the purposes of division (I)(3)(a)(i) of this	109287
section:	109288

(i) A trust is described in division (I)(3)(e)(i) of this	109289
section if the trust is a testamentary trust and the testator of	109290
that testamentary trust was domiciled in this state at the time of	109291
the testator's death for purposes of the taxes levied under	109292
Chapter 5731. of the Revised Code.	109293

(ii) A trust is described in division (I)(3)(e)(ii) of this	109294
section if the transfer is a qualifying transfer described in any	109295
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	109296
irrevocable inter vivos trust, and at least one of the trust's	109297
qualifying beneficiaries is domiciled in this state for purposes	109298
of this chapter during all or some portion of the trust's current	109299
taxable year.	109300

(f) For the purposes of division (I)(3)(e)(ii) of this	109301
section, a "qualifying transfer" is a transfer of assets, net of	109302
any related liabilities, directly or indirectly to a trust, if the	109303
transfer is described in any of the following:	109304

(i) The transfer is made to a trust, created by the decedent	109305
before the decedent's death and while the decedent was domiciled	109306
in this state for the purposes of this chapter, and, prior to the	109307
death of the decedent, the trust became irrevocable while the	109308
decedent was domiciled in this state for the purposes of this	109309
chapter.	109310

(ii) The transfer is made to a trust to which the decedent,	109311
prior to the decedent's death, had directly or indirectly	109312
transferred assets, net of any related liabilities, while the	109313
decedent was domiciled in this state for the purposes of this	109314
chapter, and prior to the death of the decedent the trust became	109315
irrevocable while the decedent was domiciled in this state for the	109316
purposes of this chapter.	109317

(iii) The transfer is made on account of a contractual	109318
relationship existing directly or indirectly between the	109319
transferor and either the decedent or the estate of the decedent	109320
at any time prior to the date of the decedent's death, and the	109321
decedent was domiciled in this state at the time of death for	109322
purposes of the taxes levied under Chapter 5731. of the Revised	109323
Code.	109324

(iv) The transfer is made to a trust on account of a	109325
contractual relationship existing directly or indirectly between	109326
the transferor and another person who at the time of the	109327
decedent's death was domiciled in this state for purposes of this	109328
chapter.	109329

(v) The transfer is made to a trust on account of the will of	109330
a testator who was domiciled in this state at the time of the	109331
testator's death for purposes of the taxes levied under Chapter	109332
5731. of the Revised Code.	109333

(vi) The transfer is made to a trust created by or caused to	109334
be created by a court, and the trust was directly or indirectly	109335
created in connection with or as a result of the death of an	109336
individual who, for purposes of the taxes levied under Chapter	109337
5731. of the Revised Code, was domiciled in this state at the time	109338
of the individual's death.	109339

(g) The tax commissioner may adopt rules to ascertain the	109340
part of a trust residing in this state.	109341

(J) "Nonresident" means an individual or estate that is not a	109342
resident. An individual who is a resident for only part of a	109343
taxable year is a nonresident for the remainder of that taxable	109344
year.	109345

(K) "Pass-through entity" has the same meaning as in section	109346
5733.04 of the Revised Code.	109347

(L) "Return" means the notifications and reports required to	109348
be filed pursuant to this chapter for the purpose of reporting the	109349
tax due and includes declarations of estimated tax when so	109350
required.	109351

(M) "Taxable year" means the calendar year or the taxpayer's	109352
fiscal year ending during the calendar year, or fractional part	109353
thereof, upon which the adjusted gross income is calculated	109354
pursuant to this chapter.	109355

(N) "Taxpayer" means any person subject to the tax imposed by	109356
section 5747.02 of the Revised Code or any pass-through entity	109357
that makes the election under division (D) of section 5747.08 of	109358
the Revised Code.	109359

(O) "Dependents" means dependents as defined in the Internal	109360
Revenue Code and as claimed in the taxpayer's federal income tax	109361
return for the taxable year or which the taxpayer would have been	109362
permitted to claim had the taxpayer filed a federal income tax	109363
return.	109364

(P) "Principal county of employment" means, in the case of a	109365
nonresident, the county within the state in which a taxpayer	109366
performs services for an employer or, if those services are	109367
performed in more than one county, the county in which the major	109368
portion of the services are performed.	109369

(Q) As used in sections 5747.50 to 5747.55 of the Revised	109370
Code:	109371

(1) "Subdivision" means any county, municipal corporation,	109372
park district, or township.	109373

(2) "Essential local government purposes" includes all	109374
functions that any subdivision is required by general law to	109375
exercise, including like functions that are exercised under a	109376
charter adopted pursuant to the Ohio Constitution.	109377

(R) "Overpayment" means any amount already paid that exceeds	109378
the figure determined to be the correct amount of the tax.	109379

(S) "Taxable income" or "Ohio taxable income" applies only to	109380
estates and trusts, and means federal taxable income, as defined	109381
and used in the Internal Revenue Code, adjusted as follows:	109382

(1) Add interest or dividends, net of ordinary, necessary,	109383
and reasonable expenses not deducted in computing federal taxable	109384
income, on obligations or securities of any state or of any	109385
political subdivision or authority of any state, other than this	109386
state and its subdivisions and authorities, but only to the extent	109387
that such net amount is not otherwise includible in Ohio taxable	109388
income and is described in either division (S)(1)(a) or (b) of	109389
this section:	109390

(a) The net amount is not attributable to the S portion of an	109391
electing small business trust and has not been distributed to	109392
beneficiaries for the taxable year;	109393

(b) The net amount is attributable to the S portion of an	109394
electing small business trust for the taxable year.	109395

(2) Add interest or dividends, net of ordinary, necessary,	109396
and reasonable expenses not deducted in computing federal taxable	109397
income, on obligations of any authority, commission,	109398
instrumentality, territory, or possession of the United States to	109399
the extent that the interest or dividends are exempt from federal	109400
income taxes but not from state income taxes, but only to the	109401
extent that such net amount is not otherwise includible in Ohio	109402
taxable income and is described in either division (S)(1)(a) or	109403
(b) of this section;	109404

(3) Add the amount of personal exemption allowed to the	109405
estate pursuant to section 642(b) of the Internal Revenue Code;	109406

(4) Deduct interest or dividends, net of related expenses	109407
deducted in computing federal taxable income, on obligations of	109408
the United States and its territories and possessions or of any	109409
authority, commission, or instrumentality of the United States to	109410
the extent that the interest or dividends are exempt from state	109411
taxes under the laws of the United States, but only to the extent	109412
that such amount is included in federal taxable income and is	109413
described in either division (S)(1)(a) or (b) of this section;	109414

(5) Deduct the amount of wages and salaries, if any, not	109415
otherwise allowable as a deduction but that would have been	109416
allowable as a deduction in computing federal taxable income for	109417
the taxable year, had the targeted jobs credit allowed under	109418
sections 38, 51, and 52 of the Internal Revenue Code not been in	109419
effect, but only to the extent such amount relates either to	109420
income included in federal taxable income for the taxable year or	109421
to income of the S portion of an electing small business trust for	109422
the taxable year;	109423

(6) Deduct any interest or interest equivalent, net of	109424
related expenses deducted in computing federal taxable income, on	109425
public obligations and purchase obligations, but only to the	109426
extent that such net amount relates either to income included in	109427
federal taxable income for the taxable year or to income of the S	109428
portion of an electing small business trust for the taxable year;	109429

(7) Add any loss or deduct any gain resulting from sale,	109430
exchange, or other disposition of public obligations to the extent	109431
that such loss has been deducted or such gain has been included in	109432
computing either federal taxable income or income of the S portion	109433
of an electing small business trust for the taxable year;	109434

(8) Except in the case of the final return of an estate, add	109435
any amount deducted by the taxpayer on both its Ohio estate tax	109436
return pursuant to section 5731.14 of the Revised Code, and on its	109437
federal income tax return in determining federal taxable income;	109438

(9)(a) Deduct any amount included in federal taxable income	109439
solely because the amount represents a reimbursement or refund of	109440
expenses that in a previous year the decedent had deducted as an	109441
itemized deduction pursuant to section 63 of the Internal Revenue	109442
Code and applicable treasury regulations. The deduction otherwise	109443
allowed under division (S)(9)(a) of this section shall be reduced	109444
to the extent the reimbursement is attributable to an amount the	109445
taxpayer or decedent deducted under this section in any taxable	109446
year.	109447

(b) Add any amount not otherwise included in Ohio taxable	109448
income for any taxable year to the extent that the amount is	109449
attributable to the recovery during the taxable year of any amount	109450
deducted or excluded in computing federal or Ohio taxable income	109451
in any taxable year, but only to the extent such amount has not	109452
been distributed to beneficiaries for the taxable year.	109453

(10) Deduct any portion of the deduction described in section	109454
1341(a)(2) of the Internal Revenue Code, for repaying previously	109455
reported income received under a claim of right, that meets both	109456
of the following requirements:	109457

(a) It is allowable for repayment of an item that was	109458
included in the taxpayer's taxable income or the decedent's	109459
adjusted gross income for a prior taxable year and did not qualify	109460
for a credit under division (A) or (B) of section 5747.05 of the	109461
Revised Code for that year.	109462

(b) It does not otherwise reduce the taxpayer's taxable	109463
income or the decedent's adjusted gross income for the current or	109464
any other taxable year.	109465

(11) Add any amount claimed as a credit under section	109466
5747.059 or 5747.65 of the Revised Code to the extent that the	109467
amount satisfies either of the following:	109468

(a) The amount was deducted or excluded from the computation	109469
of the taxpayer's federal taxable income as required to be	109470
reported for the taxpayer's taxable year under the Internal	109471
Revenue Code;	109472

(b) The amount resulted in a reduction in the taxpayer's	109473
federal taxable income as required to be reported for any of the	109474
taxpayer's taxable years under the Internal Revenue Code.	109475

(12) Deduct any amount, net of related expenses deducted in	109476
computing federal taxable income, that a trust is required to	109477
report as farm income on its federal income tax return, but only	109478
if the assets of the trust include at least ten acres of land	109479
satisfying the definition of "land devoted exclusively to	109480
agricultural use" under section 5713.30 of the Revised Code,	109481
regardless of whether the land is valued for tax purposes as such	109482
land under sections 5713.30 to 5713.38 of the Revised Code. If the	109483
trust is a pass-through entity investor, section 5747.231 of the	109484
Revised Code applies in ascertaining if the trust is eligible to	109485
claim the deduction provided by division (S)(12) of this section	109486
in connection with the pass-through entity's farm income.	109487

Except for farm income attributable to the S portion of an	109488
electing small business trust, the deduction provided by division	109489
(S)(12) of this section is allowed only to the extent that the	109490
trust has not distributed such farm income. Division (S)(12) of	109491
this section applies only to taxable years of a trust beginning in	109492
2002 or thereafter.	109493

(13) Add the net amount of income described in section 641(c)	109494
of the Internal Revenue Code to the extent that amount is not	109495
included in federal taxable income.	109496

(14) Add or deduct the amount the taxpayer would be required	109497
to add or deduct under division (A)(20) or (21) of this section if	109498
the taxpayer's Ohio taxable income were computed in the same	109499
manner as an individual's Ohio adjusted gross income is computed	109500
under this section. In the case of a trust, division (S)(14) of	109501
this section applies only to any of the trust's taxable years	109502
beginning in 2002 or thereafter.	109503

(T) "School district income" and "school district income tax"	109504
have the same meanings as in section 5748.01 of the Revised Code.	109505

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	109506
of this section, "public obligations," "purchase obligations," and	109507
"interest or interest equivalent" have the same meanings as in	109508
section 5709.76 of the Revised Code.	109509

(V) "Limited liability company" means any limited liability	109510
company formed under Chapter 1705. of the Revised Code or under	109511
the laws of any other state.	109512

(W) "Pass-through entity investor" means any person who,	109513
during any portion of a taxable year of a pass-through entity, is	109514
a partner, member, shareholder, or equity investor in that	109515
pass-through entity.	109516

(X) "Banking day" has the same meaning as in section 1304.01	109517
of the Revised Code.	109518

(Y) "Month" means a calendar month.

109519

(Z) "Quarter" means the first three months, the second three	109520
months, the third three months, or the last three months of the	109521
taxpayer's taxable year.	109522

(AA)(1) "Eligible institution" means a state university or	109523
state institution of higher education as defined in section	109524
3345.011 of the Revised Code, or a private, nonprofit college,	109525
university, or other post-secondary institution located in this	109526
state that possesses a certificate of authorization issued by the	109527
Ohio board of regents pursuant to Chapter 1713. of the Revised	109528
Code or a certificate of registration issued by the state board of	109529
career colleges and schools under Chapter 3332. of the Revised	109530
Code.	109531

(2) "Qualified tuition and fees" means tuition and fees	109532
imposed by an eligible institution as a condition of enrollment or	109533
attendance, not exceeding two thousand five hundred dollars in	109534
each of the individual's first two years of post-secondary	109535
education. If the individual is a part-time student, "qualified	109536
tuition and fees" includes tuition and fees paid for the academic	109537
equivalent of the first two years of post-secondary education	109538
during a maximum of five taxable years, not exceeding a total of	109539
five thousand dollars. "Qualified tuition and fees" does not	109540
include:	109541

(a) Expenses for any course or activity involving sports,	109542
games, or hobbies unless the course or activity is part of the	109543
individual's degree or diploma program;	109544

(b) The cost of books, room and board, student activity fees,	109545
athletic fees, insurance expenses, or other expenses unrelated to	109546
the individual's academic course of instruction;	109547

(c) Tuition, fees, or other expenses paid or reimbursed	109548
through an employer, scholarship, grant in aid, or other	109549
educational benefit program.	109550

(BB)(1) "Modified business income" means the business income	109551
included in a trust's Ohio taxable income after such taxable	109552
income is first reduced by the qualifying trust amount, if any.	109553

(2) "Qualifying trust amount" of a trust means capital gains	109554
and losses from the sale, exchange, or other disposition of equity	109555
or ownership interests in, or debt obligations of, a qualifying	109556
investee to the extent included in the trust's Ohio taxable	109557
income, but only if the following requirements are satisfied:	109558

(a) The book value of the qualifying investee's physical	109559
assets in this state and everywhere, as of the last day of the	109560
qualifying investee's fiscal or calendar year ending immediately	109561
prior to the date on which the trust recognizes the gain or loss,	109562
is available to the trust.	109563

(b) The requirements of section 5747.011 of the Revised Code	109564
are satisfied for the trust's taxable year in which the trust	109565
recognizes the gain or loss.	109566

Any gain or loss that is not a qualifying trust amount is	109567
modified business income, qualifying investment income, or	109568
modified nonbusiness income, as the case may be.	109569

(3) "Modified nonbusiness income" means a trust's Ohio	109570
taxable income other than modified business income, other than the	109571
qualifying trust amount, and other than qualifying investment	109572
income, as defined in section 5747.012 of the Revised Code, to the	109573
extent such qualifying investment income is not otherwise part of	109574
modified business income.	109575

(4) "Modified Ohio taxable income" applies only to trusts,	109576
and means the sum of the amounts described in divisions (BB)(4)(a)	109577
to (c) of this section:	109578

(a) The fraction, calculated under section 5747.013, and	109579
applying section 5747.231 of the Revised Code, multiplied by the	109580
sum of the following amounts:	109581

(i) The trust's modified business income;

109582

(ii) The trust's qualifying investment income, as defined in	109583
section 5747.012 of the Revised Code, but only to the extent the	109584
qualifying investment income does not otherwise constitute	109585
modified business income and does not otherwise constitute a	109586
qualifying trust amount.	109587

(b) The qualifying trust amount multiplied by a fraction, the	109588
numerator of which is the sum of the book value of the qualifying	109589
investee's physical assets in this state on the last day of the	109590
qualifying investee's fiscal or calendar year ending immediately	109591
prior to the day on which the trust recognizes the qualifying	109592
trust amount, and the denominator of which is the sum of the book	109593
value of the qualifying investee's total physical assets	109594
everywhere on the last day of the qualifying investee's fiscal or	109595
calendar year ending immediately prior to the day on which the	109596
trust recognizes the qualifying trust amount. If, for a taxable	109597
year, the trust recognizes a qualifying trust amount with respect	109598
to more than one qualifying investee, the amount described in	109599
division (BB)(4)(b) of this section shall equal the sum of the	109600
products so computed for each such qualifying investee.	109601

(c)(i) With respect to a trust or portion of a trust that is	109602
a resident as ascertained in accordance with division (I)(3)(d) of	109603
this section, its modified nonbusiness income.	109604

(ii) With respect to a trust or portion of a trust that is	109605
not a resident as ascertained in accordance with division	109606
(I)(3)(d) of this section, the amount of its modified nonbusiness	109607
income satisfying the descriptions in divisions (B)(2) to (5) of	109608
section 5747.20 of the Revised Code, except as otherwise provided	109609
in division (BB)(4)(c)(ii) of this section. With respect to a	109610
trust or portion of a trust that is not a resident as ascertained	109611
in accordance with division (I)(3)(d) of this section, the trust's	109612
portion of modified nonbusiness income recognized from the sale,	109613
exchange, or other disposition of a debt interest in or equity	109614
interest in a section 5747.212 entity, as defined in section	109615
5747.212 of the Revised Code, without regard to division (A) of	109616
that section, shall not be allocated to this state in accordance	109617
with section 5747.20 of the Revised Code but shall be apportioned	109618
to this state in accordance with division (B) of section 5747.212	109619
of the Revised Code without regard to division (A) of that	109620
section.	109621

If the allocation and apportionment of a trust's income under	109622
divisions (BB)(4)(a) and (c) of this section do not fairly	109623
represent the modified Ohio taxable income of the trust in this	109624
state, the alternative methods described in division (C) of	109625
section 5747.21 of the Revised Code may be applied in the manner	109626
and to the same extent provided in that section.	109627

(5)(a) Except as set forth in division (BB)(5)(b) of this	109628
section, "qualifying investee" means a person in which a trust has	109629
an equity or ownership interest, or a person or unit of government	109630
the debt obligations of either of which are owned by a trust. For	109631
the purposes of division (BB)(2)(a) of this section and for the	109632
purpose of computing the fraction described in division (BB)(4)(b)	109633
of this section, all of the following apply:	109634

(i) If the qualifying investee is a member of a qualifying	109635
controlled group on the last day of the qualifying investee's	109636
fiscal or calendar year ending immediately prior to the date on	109637
which the trust recognizes the gain or loss, then "qualifying	109638
investee" includes all persons in the qualifying controlled group	109639
on such last day.	109640

(ii) If the qualifying investee, or if the qualifying	109641
investee and any members of the qualifying controlled group of	109642
which the qualifying investee is a member on the last day of the	109643
qualifying investee's fiscal or calendar year ending immediately	109644
prior to the date on which the trust recognizes the gain or loss,	109645
separately or cumulatively own, directly or indirectly, on the	109646
last day of the qualifying investee's fiscal or calendar year	109647
ending immediately prior to the date on which the trust recognizes	109648
the qualifying trust amount, more than fifty per cent of the	109649
equity of a pass-through entity, then the qualifying investee and	109650
the other members are deemed to own the proportionate share of the	109651
pass-through entity's physical assets which the pass-through	109652
entity directly or indirectly owns on the last day of the	109653
pass-through entity's calendar or fiscal year ending within or	109654
with the last day of the qualifying investee's fiscal or calendar	109655
year ending immediately prior to the date on which the trust	109656
recognizes the qualifying trust amount.	109657

(iii) For the purposes of division (BB)(5)(a)(iii) of this	109658
section, "upper level pass-through entity" means a pass-through	109659
entity directly or indirectly owning any equity of another	109660
pass-through entity, and "lower level pass-through entity" means	109661
that other pass-through entity.	109662

An upper level pass-through entity, whether or not it is also	109663
a qualifying investee, is deemed to own, on the last day of the	109664
upper level pass-through entity's calendar or fiscal year, the	109665
proportionate share of the lower level pass-through entity's	109666
physical assets that the lower level pass-through entity directly	109667
or indirectly owns on the last day of the lower level pass-through	109668
entity's calendar or fiscal year ending within or with the last	109669
day of the upper level pass-through entity's fiscal or calendar	109670
year. If the upper level pass-through entity directly and	109671
indirectly owns less than fifty per cent of the equity of the	109672
lower level pass-through entity on each day of the upper level	109673
pass-through entity's calendar or fiscal year in which or with	109674
which ends the calendar or fiscal year of the lower level	109675
pass-through entity and if, based upon clear and convincing	109676
evidence, complete information about the location and cost of the	109677
physical assets of the lower pass-through entity is not available	109678
to the upper level pass-through entity, then solely for purposes	109679
of ascertaining if a gain or loss constitutes a qualifying trust	109680
amount, the upper level pass-through entity shall be deemed as	109681
owning no equity of the lower level pass-through entity for each	109682
day during the upper level pass-through entity's calendar or	109683
fiscal year in which or with which ends the lower level	109684
pass-through entity's calendar or fiscal year. Nothing in division	109685
(BB)(5)(a)(iii) of this section shall be construed to provide for	109686
any deduction or exclusion in computing any trust's Ohio taxable	109687
income.	109688

(b) With respect to a trust that is not a resident for the	109689
taxable year and with respect to a part of a trust that is not a	109690
resident for the taxable year, "qualifying investee" for that	109691
taxable year does not include a C corporation if both of the	109692
following apply:	109693

(i) During the taxable year the trust or part of the trust	109694
recognizes a gain or loss from the sale, exchange, or other	109695
disposition of equity or ownership interests in, or debt	109696
obligations of, the C corporation.	109697

(ii) Such gain or loss constitutes nonbusiness income.

109698

(6) "Available" means information is such that a person is	109699
able to learn of the information by the due date plus extensions,	109700
if any, for filing the return for the taxable year in which the	109701
trust recognizes the gain or loss.	109702

(CC) "Qualifying controlled group" has the same meaning as in	109703
section 5733.04 of the Revised Code.	109704

(DD) "Related member" has the same meaning as in section	109705
5733.042 of the Revised Code.	109706

(EE)(1) For the purposes of division (EE) of this section:

109707

(a) "Qualifying person" means any person other than a	109708
qualifying corporation.	109709

(b) "Qualifying corporation" means any person classified for	109710
federal income tax purposes as an association taxable as a	109711
corporation, except either of the following:	109712

(i) A corporation that has made an election under subchapter	109713
S, chapter one, subtitle A, of the Internal Revenue Code for its	109714
taxable year ending within, or on the last day of, the investor's	109715
taxable year;	109716

(ii) A subsidiary that is wholly owned by any corporation	109717
that has made an election under subchapter S, chapter one,	109718
subtitle A of the Internal Revenue Code for its taxable year	109719
ending within, or on the last day of, the investor's taxable year.	109720

(2) For the purposes of this chapter, unless expressly stated	109721
otherwise, no qualifying person indirectly owns any asset directly	109722
or indirectly owned by any qualifying corporation.	109723

(FF) For purposes of this chapter and Chapter 5751. of the	109724
Revised Code:	109725

(1) "Trust" does not include a qualified pre-income tax	109726
trust.	109727

(2) A "qualified pre-income tax trust" is any pre-income tax	109728
trust that makes a qualifying pre-income tax trust election as	109729
described in division (FF)(3) of this section.	109730

(3) A "qualifying pre-income tax trust election" is an	109731
election by a pre-income tax trust to subject to the tax imposed	109732
by section 5751.02 of the Revised Code the pre-income tax trust	109733
and all pass-through entities of which the trust owns or controls,	109734
directly, indirectly, or constructively through related interests,	109735
five per cent or more of the ownership or equity interests. The	109736
trustee shall notify the tax commissioner in writing of the	109737
election on or before April 15, 2006. The election, if timely	109738
made, shall be effective on and after January 1, 2006, and shall	109739
apply for all tax periods and tax years until revoked by the	109740
trustee of the trust.	109741

(4) A "pre-income tax trust" is a trust that satisfies all of	109742
the following requirements:	109743

(a) The document or instrument creating the trust was	109744
executed by the grantor before January 1, 1972;	109745

(b) The trust became irrevocable upon the creation of the	109746
trust; and	109747

(c) The grantor was domiciled in this state at the time the	109748
trust was created.	109749

Sec. 5747.02. (A) For the purpose of providing revenue for	109750
the support of schools and local government functions, to provide	109751
relief to property taxpayers, to provide revenue for the general	109752
revenue fund, and to meet the expenses of administering the tax	109753
levied by this chapter, there is hereby levied on every	109754
individual, trust, and estate residing in or earning or receiving	109755
income in this state, on every individual, trust, and estate	109756
earning or receiving lottery winnings, prizes, or awards pursuant	109757
to Chapter 3770. of the Revised Code, on every individual, trust,	109758
and estate earning or receiving winnings on casino gaming, and on	109759
every individual, trust, and estate otherwise having nexus with or	109760
in this state under the Constitution of the United States, an	109761
annual tax measured in the case of individuals by Ohio adjusted	109762
gross income less an exemption for the taxpayer, the taxpayer's	109763
spouse, and each dependent as provided in section 5747.025 of the	109764
Revised Code; measured in the case of trusts by modified Ohio	109765
taxable income under division (D) of this section; and measured in	109766
the case of estates by Ohio taxable income. The tax imposed by	109767
this section on the balance thus obtained is hereby levied as	109768
follows:	109769

(1) For taxable years beginning in 2004:

109770

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		109771
OR		109772
MODIFIED OHIO		109773
TAXABLE INCOME (TRUSTS)		109774
OR		109775
OHIO TAXABLE INCOME (ESTATES)	TAX	109776

$5,000 or less	.743%	109777
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	109778
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	109779
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	109780
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	109781
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	109782
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	109783
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	109784
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	109785

(2) For taxable years beginning in 2005:

109786

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		109787
OR		109788
MODIFIED OHIO		109789
TAXABLE INCOME (TRUSTS)		109790
OR		109791
OHIO TAXABLE INCOME (ESTATES)	TAX	109792

$5,000 or less	.712%	109793
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	109794
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	109795
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	109796
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	109797
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	109798
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	109799
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	109800
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	109801

(3) For taxable years beginning in 2006:

109802

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		109803
OR		109804
MODIFIED OHIO		109805
TAXABLE INCOME (TRUSTS)		109806
OR		109807
OHIO TAXABLE INCOME (ESTATES)	TAX	109808

$5,000 or less	.681%	109809
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	109810
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	109811
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	109812
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	109813
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	109814
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	109815
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	109816
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	109817

(4) For taxable years beginning in 2007:

109818

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		109819
OR		109820
MODIFIED OHIO		109821
TAXABLE INCOME (TRUSTS)		109822
OR		109823
OHIO TAXABLE INCOME (ESTATES)	TAX	109824

$5,000 or less	.649%	109825
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	109826
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	109827
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	109828
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	109829
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	109830
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	109831
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	109832
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	109833

(5) For taxable years beginning in 2008, 2009, or 2010:

109834

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		109835
OR		109836
MODIFIED OHIO		109837
TAXABLE INCOME (TRUSTS)		109838
OR		109839
OHIO TAXABLE INCOME (ESTATES)	TAX	109840

$5,000 or less	.618%	109841
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	109842
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	109843
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	109844
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	109845
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	109846
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	109847
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	109848
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	109849

(6) For taxable years beginning in 2011 or ~~thereafter~~2012:

109850

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		109851
OR		109852
MODIFIED OHIO		109853
TAXABLE INCOME (TRUSTS)		109854
OR		109855
OHIO TAXABLE INCOME (ESTATES)	TAX	109856

$5,000 or less	.587%	109857
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	109858
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	109859
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	109860
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	109861
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	109862
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	109863
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	109864
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	109865

(7) For taxable years beginning in 2013:

109866

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		109867
OR		109868
MODIFIED OHIO		109869
TAXABLE INCOME (TRUSTS)		109870
OR		109871
OHIO TAXABLE INCOME (ESTATES)	TAX	109872

$5,000 or less	.543%	109873
More than $5,000 but not more than $10,000	$27.15 plus 1.086% of the amount in excess of $5,000	109874
More than $10,000 but not more than $15,000	$81.45 plus 2.172% of the amount in excess of $10,000	109875
More than $15,000 but not more than $20,000	$190.05 plus 2.715% of the amount in excess of $15,000	109876
More than $20,000 but not more than $40,000	$325.80 plus 3.257% of the amount in excess of $20,000	109877
More than $40,000 but not more than $80,000	$977.20 plus 3.801% of the amount in excess of $40,000	109878
More than $80,000 but not more than $100,000	$2,497.60 plus 4.343% of the amount in excess of $80,000	109879
More than $100,000 but not more than $200,000	$3,366.20 plus 5.042% of the amount in excess of $100,000	109880
More than $200,000	$8,408.20 plus 5.481% of the amount in excess of $200,000	109881

(8) For taxable years beginning in 2014:

109882

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		109883
OR		109884
MODIFIED OHIO		109885
TAXABLE INCOME (TRUSTS)		109886
OR		109887
OHIO TAXABLE INCOME (ESTATES)	TAX	109888

$5,000 or less	.499%	109889
More than $5,000 but not more than $10,000	$24.95 plus .998% of the amount in excess of $5,000	109890
More than $10,000 but not more than $15,000	$74.85 plus 1.996% of the amount in excess of $10,000	109891
More than $15,000 but not more than $20,000	$174.65 plus 2.495% of the amount in excess of $15,000	109892
More than $20,000 but not more than $40,000	$299.40 plus 2.993% of the amount in excess of $20,000	109893
More than $40,000 but not more than $80,000	$898.00 plus 3.493% of the amount in excess of $40,000	109894
More than $80,000 but not more than $100,000	$2,295.20 plus 3.991% of the amount in excess of $80,000	109895
More than $100,000 but not more than $200,000	$3,093.40 plus 4.633% of the amount in excess of $100,000	109896
More than $200,000	$7,726.40 plus 5.036% of the amount in excess of $200,000	109897

(9) For taxable years beginning in 2015 or thereafter:

109898

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		109899
OR		109900
MODIFIED OHIO		109901
TAXABLE INCOME (TRUSTS)		109902
OR		109903
OHIO TAXABLE INCOME (ESTATES)	TAX	109904

$5,000 or less	.470%	109905
More than $5,000 but not more than $10,000	$23.50 plus .939% of the amount in excess of $5,000	109906
More than $10,000 but not more than $15,000	$70.45 plus 1.878% of the amount in excess of $10,000	109907
More than $15,000 but not more than $20,000	$164.35 plus 2.348% of the amount in excess of $15,000	109908
More than $20,000 but not more than $40,000	$281.75 plus 2.817% of the amount in excess of $20,000	109909
More than $40,000 but not more than $80,000	$845.15 plus 3.287% of the amount in excess of $40,000	109910
More than $80,000 but not more than $100,000	$2,159.95 plus 3.756% of the amount in excess of $80,000	109911
More than $100,000 but not more than $200,000	$2,911.15 plus 4.361% of the amount in excess of $100,000	109912
More than $200,000	$7,272.15 plus 4.740% of the amount in excess of $200,000	109913

In ~~July~~August of each year, ~~beginning in 2010,~~ the tax	109914
commissioner shall adjust the income amounts prescribed in this	109915
division by multiplying the percentage increase in the gross	109916
domestic product deflator computed that year under section	109917
5747.025 of the Revised Code by each of the income amounts	109918
resulting from the adjustment under this division in the preceding	109919
year, adding the resulting product to the corresponding income	109920
amount resulting from the adjustment in the preceding year, and	109921
rounding the resulting sum to the nearest multiple of fifty	109922
dollars. The tax commissioner also shall recompute each of the tax	109923
dollar amounts to the extent necessary to reflect the adjustment	109924
of the income amounts. The rates of taxation shall not be	109925
adjusted.	109926

The adjusted amounts apply to taxable years beginning in the	109927
calendar year in which the adjustments are made. The tax	109928
commissioner shall not make such adjustments in any year in which	109929
the amount resulting from the adjustment would be less than the	109930
amount resulting from the adjustment in the preceding year.	109931

(B) If the director of budget and management makes a	109932
certification to the tax commissioner under division (B) of	109933
section 131.44 of the Revised Code, the amount of tax as	109934
determined under division (A) of this section shall be reduced by	109935
the percentage prescribed in that certification for taxable years	109936
beginning in the calendar year in which that certification is	109937
made.	109938

(C) The levy of this tax on income does not prevent a	109939
municipal corporation, a joint economic development zone created	109940
under section 715.691, or a joint economic development district	109941
created under section 715.70 or 715.71 or sections 715.72 to	109942
715.81 of the Revised Code from levying a tax on income.	109943

(D) This division applies only to taxable years of a trust	109944
beginning in 2002 or thereafter.	109945

(1) The tax imposed by this section on a trust shall be	109946
computed by multiplying the Ohio modified taxable income of the	109947
trust by the rates prescribed by division (A) of this section.	109948

(2) A resident trust may claim a credit against the tax	109949
computed under division (D) of this section equal to the lesser of	109950
(1) the tax paid to another state or the District of Columbia on	109951
the resident trust's modified nonbusiness income, other than the	109952
portion of the resident trust's nonbusiness income that is	109953
qualifying investment income as defined in section 5747.012 of the	109954
Revised Code, or (2) the effective tax rate, based on modified	109955
Ohio taxable income, multiplied by the resident trust's modified	109956
nonbusiness income other than the portion of the resident trust's	109957
nonbusiness income that is qualifying investment income. The	109958
credit applies before any other applicable credits.	109959

(3) The credits enumerated in divisions (A)(1) to (13) of	109960
section 5747.98 of the Revised Code do not apply to a trust	109961
subject to division (D) of this section. Any credits enumerated in	109962
other divisions of section 5747.98 of the Revised Code apply to a	109963
trust subject to division (D) of this section. To the extent that	109964
the trust distributes income for the taxable year for which a	109965
credit is available to the trust, the credit shall be shared by	109966
the trust and its beneficiaries. The tax commissioner and the	109967
trust shall be guided by applicable regulations of the United	109968
States treasury regarding the sharing of credits.	109969

(E) For the purposes of this section, "trust" means any trust	109970
described in Subchapter J of Chapter 1 of the Internal Revenue	109971
Code, excluding trusts that are not irrevocable as defined in	109972
division (I)(3)(b) of section 5747.01 of the Revised Code and that	109973
have no modified Ohio taxable income for the taxable year,	109974
charitable remainder trusts, qualified funeral trusts and preneed	109975
funeral contract trusts established pursuant to sections 4717.31	109976
to 4717.38 of the Revised Code that are not qualified funeral	109977
trusts, endowment and perpetual care trusts, qualified settlement	109978
trusts and funds, designated settlement trusts and funds, and	109979
trusts exempted from taxation under section 501(a) of the Internal	109980
Revenue Code.	109981

Sec. 5747.022. An individual subject to the tax imposed by	109982
section 5747.02 of the Revised Code may claim a credit equal to	109983
twenty dollars times the number of exemptions allowed for the	109984
taxpayer, ~~his~~the taxpayer's spouse, and each dependent under	109985
section 5747.02 of the Revised Code. The credit shall be claimed	109986
in the order required under section 5747.98 of the Revised Code.	109987
The credit shall not be considered in determining the taxes	109988
required to be withheld under section 5747.06 of the Revised Code	109989
or the estimated taxes required to be paid under section 5747.09	109990
of the Revised Code. In the case of an individual with respect to	109991
whom an exemption under section 5747.02 of the Revised Code is	109992
allowable to another taxpayer for a taxable year beginning in the	109993
calendar year in which the individual's taxable year begins, the	109994
"number of exemptions allowed" for purposes of calculating the	109995
credit allowed under this section to such individual for the	109996
individual's taxable year shall not include an exemption for the	109997
individual.	109998

Sec. 5747.025. (A) ~~The~~Except as otherwise provided in this	109999
division, the personal exemption for the taxpayer and the	110000
taxpayer's spouse shall be seven hundred fifty dollars each for	110001
the taxable year beginning in 1996, eight hundred fifty dollars	110002
each for the taxable year beginning in 1997, nine hundred fifty	110003
dollars each for the taxable year beginning in 1998, and one	110004
thousand fifty dollars each for the taxable year beginning in 1999	110005
and taxable years beginning after 1999. The personal exemption	110006
amount prescribed in this division for taxable years beginning	110007
after 1999 shall be adjusted each year in the manner prescribed in	110008
division (C) of this section. In the case of an individual with	110009
respect to whom an exemption under section 5747.02 of the Revised	110010
Code is allowable to another taxpayer for a taxable year beginning	110011
in the calendar year in which the individual's taxable year	110012
begins, the exemption amount applicable to such individual for	110013
such individual's taxable year shall be zero.	110014

(B) The personal exemption for each dependent shall be eight	110015
hundred fifty dollars for the taxable year beginning in 1996, and	110016
one thousand fifty dollars for the taxable year beginning in 1997	110017
and taxable years beginning after 1997. The personal exemption	110018
amount prescribed in this division for taxable years beginning	110019
after 1999 shall be adjusted each year in the manner prescribed in	110020
division (C) of this section.	110021

(C) In ~~September~~August of each year~~, beginning in 2000~~, the	110022
tax commissioner shall determine the percentage increase in the	110023
gross domestic product deflator determined by the bureau of	110024
economic analysis of the United States department of commerce from	110025
the first day of January of the preceding calendar year to the	110026
last day of December of the preceding year, and adjust the	110027
personal exemption amount for taxable years beginning in the	110028
current calendar year by multiplying that amount by the percentage	110029
increase in the gross domestic product deflator for that period;	110030
adding the resulting product to the personal exemption amount for	110031
taxable years beginning in the preceding calendar year; and	110032
rounding the resulting sum upward to the nearest multiple of fifty	110033
dollars. The commissioner shall not make such an adjustment in any	110034
calendar year in which the amount resulting from the adjustment	110035
would be less than the amount resulting from the adjustment in the	110036
preceding calendar year.	110037

Sec. 5747.05. As used in this section, "income tax" includes	110038
both a tax on net income and a tax measured by net income.	110039

The following credits shall be allowed against the income tax	110040
imposed by section 5747.02 of the Revised Code on individuals and	110041
estates:	110042

(A)(1) The amount of tax otherwise due under section 5747.02	110043
of the Revised Code on such portion of the adjusted gross income	110044
of any nonresident taxpayer that is not allocable or apportionable	110045
to this state pursuant to sections 5747.20 to 5747.23 of the	110046
Revised Code;	110047

(2) The credit provided under this division shall not exceed	110048
the portion of the total tax due under section 5747.02 of the	110049
Revised Code that the amount of the nonresident taxpayer's	110050
adjusted gross income not allocated to this state pursuant to	110051
sections 5747.20 to 5747.23 of the Revised Code bears to the total	110052
adjusted gross income of the nonresident taxpayer derived from all	110053
sources everywhere.	110054

(3) The tax commissioner may enter into an agreement with the	110055
taxing authorities of any state or of the District of Columbia	110056
that imposes an income tax to provide that compensation paid in	110057
this state to a nonresident taxpayer shall not be subject to the	110058
tax levied in section 5747.02 of the Revised Code so long as	110059
compensation paid in such other state or in the District of	110060
Columbia to a resident taxpayer shall likewise not be subject to	110061
the income tax of such other state or of the District of Columbia.	110062

(B) The lesser of division (B)(1) or (2) of this section:

110063

(1) The amount of tax otherwise due under section 5747.02 of	110064
the Revised Code on such portion of the adjusted gross income of a	110065
resident taxpayer that in another state or in the District of	110066
Columbia is subjected to an income tax. The credit provided under	110067
division (B)(1) of this section shall not exceed the portion of	110068
the total tax due under section 5747.02 of the Revised Code that	110069
the amount of the resident taxpayer's adjusted gross income	110070
subjected to an income tax in the other state or in the District	110071
of Columbia bears to the total adjusted gross income of the	110072
resident taxpayer derived from all sources everywhere.	110073

(2) The amount of income tax liability to another state or	110074
the District of Columbia on the portion of the adjusted gross	110075
income of a resident taxpayer that in another state or in the	110076
District of Columbia is subjected to an income tax. The credit	110077
provided under division (B)(2) of this section shall not exceed	110078
the amount of tax otherwise due under section 5747.02 of the	110079
Revised Code.	110080

(3) If the credit provided under division (B) of this section	110081
is affected by a change in either the portion of adjusted gross	110082
income of a resident taxpayer subjected to an income tax in	110083
another state or the District of Columbia or the amount of income	110084
tax liability that has been paid to another state or the District	110085
of Columbia, the taxpayer shall report the change to the tax	110086
commissioner within sixty days of the change in such form as the	110087
commissioner requires.	110088

(a) In the case of an underpayment, the report shall be	110089
accompanied by payment of any additional tax due as a result of	110090
the reduction in credit together with interest on the additional	110091
tax and is a return subject to assessment under section 5747.13 of	110092
the Revised Code solely for the purpose of assessing any	110093
additional tax due under this division, together with any	110094
applicable penalty and interest. It shall not reopen the	110095
computation of the taxpayer's tax liability under this chapter	110096
from a previously filed return no longer subject to assessment	110097
except to the extent that such liability is affected by an	110098
adjustment to the credit allowed by division (B) of this section.	110099

(b) In the case of an overpayment, an application for refund	110100
may be filed under this division within the sixty-day period	110101
prescribed for filing the report even if it is beyond the period	110102
prescribed in section 5747.11 of the Revised Code if it otherwise	110103
conforms to the requirements of such section. An application filed	110104
under this division shall only claim refund of overpayments	110105
resulting from an adjustment to the credit allowed by division (B)	110106
of this section unless it is also filed within the time prescribed	110107
in section 5747.11 of the Revised Code. It shall not reopen the	110108
computation of the taxpayer's tax liability except to the extent	110109
that such liability is affected by an adjustment to the credit	110110
allowed by division (B) of this section.	110111

(4) No credit shall be allowed under division (B) of this	110112
section for income tax paid or accrued to another state or to the	110113
District of Columbia if the taxpayer, when computing federal	110114
adjusted gross income, has directly or indirectly deducted, or was	110115
required to directly or indirectly deduct, the amount of that	110116
income tax.	110117

(C) For a taxpayer sixty-five years of age or older during	110118
the taxable year, a credit for such year equal to fifty dollars	110119
for each return required to be filed under section 5747.08 of the	110120
Revised Code.	110121

(D) A taxpayer sixty-five years of age or older during the	110122
taxable year who has received a lump-sum distribution from a	110123
pension, retirement, or profit-sharing plan in the taxable year	110124
may elect to receive a credit under this division in lieu of the	110125
credit to which the taxpayer is entitled under division (C) of	110126
this section. A taxpayer making such election shall receive a	110127
credit for the taxable year equal to fifty dollars times the	110128
taxpayer's expected remaining life as shown by annuity tables	110129
issued under the provisions of the Internal Revenue Code and in	110130
effect for the calendar year which includes the last day of the	110131
taxable year. A taxpayer making an election under this division is	110132
not entitled to the credit authorized under division (C) of this	110133
section in subsequent taxable years except that if such election	110134
was made prior to July 1, 1983, the taxpayer is entitled to	110135
one-half the credit authorized under such division in subsequent	110136
taxable years but may not make another election under this	110137
division.	110138

(E) A taxpayer who is not sixty-five years of age or older	110139
during the taxable year who has received a lump-sum distribution	110140
from a pension, retirement, or profit-sharing plan in a taxable	110141
year ending on or before July 31, 1991, may elect to take a credit	110142
against the tax otherwise due under this chapter for such year	110143
equal to fifty dollars times the expected remaining life of a	110144
taxpayer sixty-five years of age as shown by annuity tables issued	110145
under the provisions of the Internal Revenue Code and in effect	110146
for the calendar year which includes the last day of the taxable	110147
year. A taxpayer making an election under this division is not	110148
entitled to a credit under division (C) or (D) of this section in	110149
any subsequent year except that if such election was made prior to	110150
July 1, 1983, the taxpayer is entitled to one-half the credit	110151
authorized under division (C) of this section in subsequent years	110152
but may not make another election under this division. No taxpayer	110153
may make an election under this division for a taxable year ending	110154
on or after August 1, 1991.	110155

(F) A taxpayer making an election under either division (D)	110156
or (E) of this section may make only one such election in the	110157
taxpayer's lifetime.	110158

(G)(1) On a joint return filed by a husband and wife, each of	110159
whom had adjusted gross income of at least five hundred dollars,	110160
exclusive of interest, dividends and distributions, royalties,	110161
rent, and capital gains, a credit equal to the percentage shown in	110162
the table contained in this division of the amount of tax due	110163
after allowing for any other credit that precedes the credit under	110164
this division in the order required under section 5747.98 of the	110165
Revised Code.	110166

(2) The credit to which a taxpayer is entitled under this	110167
division in any taxable year is the percentage shown in column B	110168
that corresponds with the taxpayer's adjusted gross income, less	110169
exemptions for the taxable year:	110170

110171

IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR IS:

THE CREDIT FOR THE TAXABLE YEAR IS:

110172

$25,000 or less	20%	110173
More than $25,000 but not more than $50,000	15%	110174
More than $50,000 but not more than $75,000	10%	110175
More than $75,000	5%	110176

(3) The credit allowed under this division shall not exceed	110177
six hundred fifty dollars in any taxable year.	110178

(H) No claim for credit under this section shall be allowed	110179
unless the claimant furnishes such supporting information as the	110180
tax commissioner prescribes by rules. Each credit under this	110181
section shall be claimed in the order required under section	110182
5747.98 of the Revised Code.	110183

(I) An individual who is a resident for part of a taxable	110184
year and a nonresident for the remainder of the taxable year is	110185
allowed the credits under divisions (A) and (B) of this section in	110186
accordance with rules prescribed by the tax commissioner. In no	110187
event shall the same income be subject to both credits.	110188

(J) The credit allowed under division (A) of this section	110189
shall be calculated based upon the amount of tax due under section	110190
5747.02 of the Revised Code after subtracting any other credits	110191
that precede the credit under that division in the order required	110192
under section 5747.98 of the Revised Code. The credit allowed	110193
under division (B) of this section shall be calculated based upon	110194
the amount of tax due under section 5747.02 of the Revised Code	110195
after subtracting any other credits that precede the credit under	110196
that division in the order required under section 5747.98 of the	110197
Revised Code.	110198

(K) No credit shall be allowed under division (B) of this	110199
section unless the taxpayer furnishes such proof as the tax	110200
commissioner shall require that the income tax liability has been	110201
paid to another state or the District of Columbia.	110202

(L) No credit shall be allowed under division (B) of this	110203
section for compensation that is not subject to the income tax of	110204
another state or the District of Columbia as the result of an	110205
agreement entered into by the tax commissioner under division	110206
(A)(3) of this section.	110207

Sec. 5747.08. An annual return with respect to the tax	110208
imposed by section 5747.02 of the Revised Code and each tax	110209
imposed under Chapter 5748. of the Revised Code shall be made by	110210
every taxpayer for any taxable year for which the taxpayer is	110211
liable for the tax imposed by that section or under that chapter,	110212
unless the total credits allowed under divisions (E), (F), and (G)	110213
of section 5747.05 of the Revised Code for the year are equal to	110214
or exceed the tax imposed by section 5747.02 of the Revised Code,	110215
in which case no return shall be required unless the taxpayer is	110216
liable for a tax imposed pursuant to Chapter 5748. of the Revised	110217
Code.	110218

(A) If an individual is deceased, any return or notice	110219
required of that individual under this chapter shall be made and	110220
filed by that decedent's executor, administrator, or other person	110221
charged with the property of that decedent.	110222

(B) If an individual is unable to make a return or notice	110223
required by this chapter, the return or notice required of that	110224
individual shall be made and filed by the individual's duly	110225
authorized agent, guardian, conservator, fiduciary, or other	110226
person charged with the care of the person or property of that	110227
individual.	110228

(C) Returns or notices required of an estate or a trust shall	110229
be made and filed by the fiduciary of the estate or trust.	110230

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	110231
of this section, any pass-through entity may file a single return	110232
on behalf of one or more of the entity's investors other than an	110233
investor that is a person subject to the tax imposed under section	110234
5733.06 of the Revised Code. The single return shall set forth the	110235
name, address, and social security number or other identifying	110236
number of each of those pass-through entity investors and shall	110237
indicate the distributive share of each of those pass-through	110238
entity investor's income taxable in this state in accordance with	110239
sections 5747.20 to 5747.231 of the Revised Code. Such	110240
pass-through entity investors for whom the pass-through entity	110241
elects to file a single return are not entitled to the exemption	110242
or credit provided for by sections 5747.02 and 5747.022 of the	110243
Revised Code; shall calculate the tax before business credits at	110244
the highest rate of tax set forth in section 5747.02 of the	110245
Revised Code for the taxable year for which the return is filed;	110246
and are entitled to only their distributive share of the business	110247
credits as defined in division (D)(2) of this section. A single	110248
check drawn by the pass-through entity shall accompany the return	110249
in full payment of the tax due, as shown on the single return, for	110250
such investors, other than investors who are persons subject to	110251
the tax imposed under section 5733.06 of the Revised Code.	110252

(b)(i) A pass-through entity shall not include in such a	110253
single return any investor that is a trust to the extent that any	110254
direct or indirect current, future, or contingent beneficiary of	110255
the trust is a person subject to the tax imposed under section	110256
5733.06 of the Revised Code.	110257

(ii) A pass-through entity shall not include in such a single	110258
return any investor that is itself a pass-through entity to the	110259
extent that any direct or indirect investor in the second	110260
pass-through entity is a person subject to the tax imposed under	110261
section 5733.06 of the Revised Code.	110262

(c) Nothing in division (D) of this section precludes the tax	110263
commissioner from requiring such investors to file the return and	110264
make the payment of taxes and related interest, penalty, and	110265
interest penalty required by this section or section 5747.02,	110266
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	110267
of this section precludes such an investor from filing the annual	110268
return under this section, utilizing the refundable credit equal	110269
to the investor's proportionate share of the tax paid by the	110270
pass-through entity on behalf of the investor under division (J)	110271
of this section, and making the payment of taxes imposed under	110272
section 5747.02 of the Revised Code. Nothing in division (D) of	110273
this section shall be construed to provide to such an investor or	110274
pass-through entity any additional deduction or credit, other than	110275
the credit provided by division (J) of this section, solely on	110276
account of the entity's filing a return in accordance with this	110277
section. Such a pass-through entity also shall make the filing and	110278
payment of estimated taxes on behalf of the pass-through entity	110279
investors other than an investor that is a person subject to the	110280
tax imposed under section 5733.06 of the Revised Code.	110281

(2) For the purposes of this section, "business credits"	110282
means the credits listed in section 5747.98 of the Revised Code	110283
excluding the following credits:	110284

(a) The retirement credit under division (B) of section	110285
5747.055 of the Revised Code;	110286

(b) The senior citizen credit under division (C) of section	110287
5747.05 of the Revised Code;	110288

(c) The lump sum distribution credit under division (D) of	110289
section 5747.05 of the Revised Code;	110290

(d) The dependent care credit under section 5747.054 of the	110291
Revised Code;	110292

(e) The lump sum retirement income credit under division (C)	110293
of section 5747.055 of the Revised Code;	110294

(f) The lump sum retirement income credit under division (D)	110295
of section 5747.055 of the Revised Code;	110296

(g) The lump sum retirement income credit under division (E)	110297
of section 5747.055 of the Revised Code;	110298

(h) The credit for displaced workers who pay for job training	110299
under section 5747.27 of the Revised Code;	110300

(i) The twenty-dollar personal exemption credit under section	110301
5747.022 of the Revised Code;	110302

(j) The joint filing credit under division (G) of section	110303
5747.05 of the Revised Code;	110304

(k) The nonresident credit under division (A) of section	110305
5747.05 of the Revised Code;	110306

(l) The credit for a resident's out-of-state income under	110307
division (B) of section 5747.05 of the Revised Code;	110308

(m) The low-income credit under section 5747.056 of the	110309
Revised Code.	110310

(3) The election provided for under division (D) of this	110311
section applies only to the taxable year for which the election is	110312
made by the pass-through entity. Unless the tax commissioner	110313
provides otherwise, this election, once made, is binding and	110314
irrevocable for the taxable year for which the election is made.	110315
Nothing in this division shall be construed to provide for any	110316
deduction or credit that would not be allowable if a nonresident	110317
pass-through entity investor were to file an annual return.	110318

(4) If a pass-through entity makes the election provided for	110319
under division (D) of this section, the pass-through entity shall	110320
be liable for any additional taxes, interest, interest penalty, or	110321
penalties imposed by this chapter if the tax commissioner finds	110322
that the single return does not reflect the correct tax due by the	110323
pass-through entity investors covered by that return. Nothing in	110324
this division shall be construed to limit or alter the liability,	110325
if any, imposed on pass-through entity investors for unpaid or	110326
underpaid taxes, interest, interest penalty, or penalties as a	110327
result of the pass-through entity's making the election provided	110328
for under division (D) of this section. For the purposes of	110329
division (D) of this section, "correct tax due" means the tax that	110330
would have been paid by the pass-through entity had the single	110331
return been filed in a manner reflecting the commissioner's	110332
findings. Nothing in division (D) of this section shall be	110333
construed to make or hold a pass-through entity liable for tax	110334
attributable to a pass-through entity investor's income from a	110335
source other than the pass-through entity electing to file the	110336
single return.	110337

(E) If a husband and wife file a joint federal income tax	110338
return for a taxable year, they shall file a joint return under	110339
this section for that taxable year, and their liabilities are	110340
joint and several, but, if the federal income tax liability of	110341
either spouse is determined on a separate federal income tax	110342
return, they shall file separate returns under this section.	110343

If either spouse is not required to file a federal income tax	110344
return and either or both are required to file a return pursuant	110345
to this chapter, they may elect to file separate or joint returns,	110346
and, pursuant to that election, their liabilities are separate or	110347
joint and several. If a husband and wife file separate returns	110348
pursuant to this chapter, each must claim the taxpayer's own	110349
exemption, but not both, as authorized under section 5747.02 of	110350
the Revised Code on the taxpayer's own return.	110351

(F) Each return or notice required to be filed under this	110352
section shall contain the signature of the taxpayer or the	110353
taxpayer's duly authorized agent and of the person who prepared	110354
the return for the taxpayer, and shall include the taxpayer's	110355
social security number. Each return shall be verified by a	110356
declaration under the penalties of perjury. The tax commissioner	110357
shall prescribe the form that the signature and declaration shall	110358
take.	110359

(G) Each return or notice required to be filed under this	110360
section shall be made and filed as required by section 5747.04 of	110361
the Revised Code, on or before the fifteenth day of April of each	110362
year, on forms that the tax commissioner shall prescribe, together	110363
with remittance made payable to the treasurer of state in the	110364
combined amount of the state and all school district income taxes	110365
shown to be due on the form~~, unless the combined amount shown to~~	110366
~~be due is one dollar or less, in which case that amount need not~~	110367
~~be remitted~~.	110368

Upon good cause shown, the commissioner may extend the period	110369
for filing any notice or return required to be filed under this	110370
section and may adopt rules relating to extensions. If the	110371
extension results in an extension of time for the payment of any	110372
state or school district income tax liability with respect to	110373
which the return is filed, the taxpayer shall pay at the time the	110374
tax liability is paid an amount of interest computed at the rate	110375
per annum prescribed by section 5703.47 of the Revised Code on	110376
that liability from the time that payment is due without extension	110377
to the time of actual payment. Except as provided in section	110378
5747.132 of the Revised Code, in addition to all other interest	110379
charges and penalties, all taxes imposed under this chapter or	110380
Chapter 5748. of the Revised Code and remaining unpaid after they	110381
become due, except combined amounts due of one dollar or less,	110382
bear interest at the rate per annum prescribed by section 5703.47	110383
of the Revised Code until paid or until the day an assessment is	110384
issued under section 5747.13 of the Revised Code, whichever occurs	110385
first.	110386

If the commissioner considers it necessary in order to ensure	110387
the payment of the tax imposed by section 5747.02 of the Revised	110388
Code or any tax imposed under Chapter 5748. of the Revised Code,	110389
the commissioner may require returns and payments to be made	110390
otherwise than as provided in this section.	110391

To the extent that any provision in this division conflicts	110392
with any provision in section 5747.026 of the Revised Code, the	110393
provision in that section prevails.	110394

(H) If any report, claim, statement, or other document	110395
required to be filed, or any payment required to be made, within a	110396
prescribed period or on or before a prescribed date under this	110397
chapter is delivered after that period or that date by United	110398
States mail to the agency, officer, or office with which the	110399
report, claim, statement, or other document is required to be	110400
filed, or to which the payment is required to be made, the date of	110401
the postmark stamped on the cover in which the report, claim,	110402
statement, or other document, or payment is mailed shall be deemed	110403
to be the date of delivery or the date of payment.	110404

If a payment is required to be made by electronic funds	110405
transfer pursuant to section 5747.072 of the Revised Code, the	110406
payment is considered to be made when the payment is received by	110407
the treasurer of state or credited to an account designated by the	110408
treasurer of state for the receipt of tax payments.	110409

"The date of the postmark" means, in the event there is more	110410
than one date on the cover, the earliest date imprinted on the	110411
cover by the United States postal service.	110412

(I) The amounts withheld by an employer pursuant to section	110413
5747.06 of the Revised Code, a casino operator pursuant to section	110414
5747.063 of the Revised Code, or a lottery sales agent pursuant to	110415
section 5747.064 of the Revised Code shall be allowed to the	110416
recipient of the compensation casino winnings, or lottery prize	110417
award as credits against payment of the appropriate taxes imposed	110418
on the recipient by section 5747.02 and under Chapter 5748. of the	110419
Revised Code.	110420

(J) If~~, in accordance with division (D) of this section,~~ a	110421
pass-through entity elects to file a single return under division	110422
(D) of this section and if any investor is required to file the	110423
annual return and make the payment of taxes required by this	110424
chapter on account of the investor's other income that is not	110425
included in a single return filed by a pass-through entity or any	110426
other investor elects to file the annual return, the investor is	110427
entitled to a refundable credit equal to the investor's	110428
proportionate share of the tax paid by the pass-through entity on	110429
behalf of the investor. The investor shall claim the credit for	110430
the investor's taxable year in which or with which ends the	110431
taxable year of the pass-through entity. Nothing in this chapter	110432
shall be construed to allow any credit provided in this chapter to	110433
be claimed more than once. For the ~~purposes~~purpose of computing	110434
any interest, penalty, or interest penalty, the investor shall be	110435
deemed to have paid the refundable credit provided by this	110436
division on the day that the pass-through entity paid the	110437
estimated tax or the tax giving rise to the credit.	110438

(K) The tax commissioner shall ensure that each return	110439
required to be filed under this section includes a box that the	110440
taxpayer may check to authorize a paid tax preparer who prepared	110441
the return to communicate with the department of taxation about	110442
matters pertaining to the return. The return or instructions	110443
accompanying the return shall indicate that by checking the box	110444
the taxpayer authorizes the department of taxation to contact the	110445
preparer concerning questions that arise during the processing of	110446
the return and authorizes the preparer only to provide the	110447
department with information that is missing from the return, to	110448
contact the department for information about the processing of the	110449
return or the status of the taxpayer's refund or payments, and to	110450
respond to notices about mathematical errors, offsets, or return	110451
preparation that the taxpayer has received from the department and	110452
has shown to the preparer.	110453

(L) The tax commissioner shall permit individual taxpayers to	110454
instruct the department of taxation to cause any refund of	110455
overpaid taxes to be deposited directly into a checking account,	110456
savings account, or an individual retirement account or individual	110457
retirement annuity, or preexisting college savings plan or program	110458
account offered by the Ohio tuition trust authority under Chapter	110459
3334. of the Revised Code, as designated by the taxpayer, when the	110460
taxpayer files the annual return required by this section	110461
electronically.	110462

(M) The tax commissioner may adopt rules to administer this	110463
section.	110464

Sec. 5747.10. If any of the facts, figures, computations, or	110465
attachments required in a taxpayer's annual return to determine	110466
the tax charged by this chapter or Chapter 5748. of the Revised	110467
Code must be altered as the result of an adjustment to the	110468
taxpayer's federal income tax return, whether initiated by the	110469
taxpayer or the internal revenue service, and such alteration	110470
affects the taxpayer's tax liability under this chapter or Chapter	110471
5748. of the Revised Code, the taxpayer shall file an amended	110472
return with the tax commissioner in such form as the commissioner	110473
requires. The amended return shall be filed not later than sixty	110474
days after the adjustment has been agreed to or finally determined	110475
for federal income tax purposes or any federal income tax	110476
deficiency or refund, or the abatement or credit resulting	110477
therefrom, has been assessed or paid, whichever occurs first.	110478

(A) In the case of an underpayment, the amended return shall	110479
be accompanied by payment of any combined additional tax due	110480
together with interest thereon. ~~If the combined tax shown to be~~	110481
~~due is one dollar or less, such amount need not accompany the~~	110482
~~amended return.~~ An amended return required by this section is a	110483
return subject to assessment under section 5747.13 of the Revised	110484
Code for the purpose of assessing any additional tax due under	110485
this section, together with any applicable penalty and interest.	110486
It shall not reopen those facts, figures, computations, or	110487
attachments from a previously filed return no longer subject to	110488
assessment that are not affected, either directly or indirectly,	110489
by the adjustment to the taxpayer's federal income tax return.	110490

(B) In the case of an overpayment, an application for refund	110491
may be filed under this division within the sixty-day period	110492
prescribed for filing the amended return even if it is filed	110493
beyond the period prescribed in section 5747.11 of the Revised	110494
Code if it otherwise conforms to the requirements of such section.	110495
An application filed under this division shall claim refund of	110496
overpayments resulting from alterations to only those facts,	110497
figures, computations, or attachments required in the taxpayer's	110498
annual return that are affected, either directly or indirectly, by	110499
the adjustment to the taxpayer's federal income tax return unless	110500
it is also filed within the time prescribed in section 5747.11 of	110501
the Revised Code. It shall not reopen those facts, figures,	110502
computations, or attachments that are not affected, either	110503
directly or indirectly, by the adjustment to the taxpayer's	110504
federal income tax return.	110505

Sec. 5747.11. (A) The tax commissioner shall refund to	110506
employers, qualifying entities, or taxpayers~~, with respect to any~~	110507
subject to a tax imposed under section 5733.41, 5747.02, or	110508
5747.41, or Chapter 5748. of the Revised Code:	110509

~~(1) Overpayments of more than one dollar;~~

110510

~~(2) Amounts in excess of one dollar paid illegally or~~	110511
~~erroneously;~~	110512

~~(3) Amounts in excess of one dollar paid on an illegal,~~	110513
~~erroneous, or excessive assessment~~the amount of any overpayment	110514
of such tax.	110515

(B) Except as otherwise provided under divisions (D) and (E)	110516
of this section, applications for refund shall be filed with the	110517
tax commissioner, on the form prescribed by the commissioner,	110518
within four years from the date of the illegal, erroneous, or	110519
excessive payment of the tax, or within any additional period	110520
allowed by division (B)(3)(b) of section 5747.05, division (B) of	110521
section 5747.10, division (A) of section 5747.13, or division (C)	110522
of section 5747.45 of the Revised Code.	110523

On filing of the refund application, the commissioner shall	110524
determine the amount of refund due and, if that amount exceeds one	110525
dollar, certify such amount to the director of budget and	110526
management and treasurer of state for payment from the tax refund	110527
fund created by section 5703.052 of the Revised Code. Payment	110528
shall be made as provided in division (C) of section 126.35 of the	110529
Revised Code.	110530

(C)(1) ~~Interest shall be allowed and paid upon any illegal or~~	110531
~~erroneous assessment in excess of one dollar in respect of the tax~~	110532
~~imposed under section 5747.02 or Chapter 5748. of the Revised Code~~	110533
~~at the rate per annum prescribed by section 5703.47 of the Revised~~	110534
~~Code from the date of the payment of the illegal or erroneous~~	110535
~~assessment until the date the refund of such amount is paid. If~~	110536
~~such refund results from the filing of a return or report, or the~~	110537
~~payment accompanying such return or report, by an employer or~~	110538
~~taxpayer, rather than from an assessment by the commissioner, such~~	110539
~~interest shall run from a period ninety days after the final~~	110540
~~filing date of the annual return until the date the refund is~~	110541
~~paid.~~	110542

~~(2)~~ Interest shall be allowed and paid at the rate per annum	110543
prescribed by section 5703.47 of the Revised Code ~~upon any~~	110544
~~overpayment in excess of one dollar in respect of~~on amounts	110545
refunded with respect to the tax imposed under section 5747.02 or	110546
Chapter 5748. of the Revised Code from the date of the overpayment	110547
until the date of the refund of the overpayment, except that if	110548
any overpayment is refunded within ninety days after the final	110549
filing date of the annual return or ninety days after the return	110550
is filed, whichever is later, no interest shall be allowed on such	110551
overpayment. If the overpayment results from the carryback of a	110552
net operating loss or net capital loss to a previous taxable year,	110553
the overpayment is deemed not to have been made prior to the	110554
filing date, including any extension thereof, for the taxable year	110555
in which the net operating loss or net capital loss arises. For	110556
purposes of the payment of interest on overpayments, no amount of	110557
tax, for any taxable year, shall be treated as having been paid	110558
before the date on which the tax return for that year was due	110559
without regard to any extension of time for filing such return.	110560

~~(3)~~(2) Interest shall be allowed at the rate per annum	110561
prescribed by section 5703.47 of the Revised Code on amounts	110562
refunded with respect to the taxes imposed under sections 5733.41	110563
and 5747.41 of the Revised Code. The interest shall run from	110564
whichever of the following days is the latest until the day the	110565
refund is paid: the day the illegal, erroneous, or excessive	110566
payment was made; the ninetieth day after the final day the annual	110567
report was required to be filed under section 5747.42 of the	110568
Revised Code; or the ninetieth day after the day that report was	110569
filed.	110570

(D) "Ninety days" shall be substituted for "four years" in	110571
division (B) of this section if the taxpayer satisfies both of the	110572
following conditions:	110573

(1) The taxpayer has applied for a refund based in whole or	110574
in part upon section 5747.059 of the Revised Code;	110575

(2) The taxpayer asserts that either the imposition or	110576
collection of the tax imposed or charged by this chapter or any	110577
portion of such tax violates the Constitution of the United States	110578
or the Constitution of Ohio.	110579

(E)(1) Division (E)(2) of this section applies only if all of	110580
the following conditions are satisfied:	110581

(a) A qualifying entity pays an amount of the tax imposed by	110582
section 5733.41 or 5747.41 of the Revised Code;	110583

(b) The taxpayer is a qualifying investor as to that	110584
qualifying entity;	110585

(c) The taxpayer did not claim the credit provided for in	110586
section 5747.059 of the Revised Code as to the tax described in	110587
division (E)(1)(a) of this section;	110588

(d) The four-year period described in division (B) of this	110589
section has ended as to the taxable year for which the taxpayer	110590
otherwise would have claimed that credit.	110591

(2) A taxpayer shall file an application for refund pursuant	110592
to division (E) of this section within one year after the date the	110593
payment described in division (E)(1)(a) of this section is made.	110594
An application filed under division (E)(2) of this section shall	110595
claim refund only of overpayments resulting from the taxpayer's	110596
failure to claim the credit described in division (E)(1)(c) of	110597
this section. Nothing in division (E) of this section shall be	110598
construed to relieve a taxpayer from complying with division	110599
(A)(16) of section 5747.01 of the Revised Code.	110600

Sec. 5747.113. (A) Any taxpayer claiming a refund under	110601
section 5747.11 of the Revised Code who wishes to contribute any	110602
part of the taxpayer's refund to the natural areas and preserves	110603
fund created in section 1517.11 of the Revised Code, the nongame	110604
and endangered wildlife fund created in section 1531.26 of the	110605
Revised Code, the military injury relief fund created in section	110606
5101.98 of the Revised Code, the Ohio historical society income	110607
tax contribution fund created in section 149.308 of the Revised	110608
Code, or all of those funds may designate on the taxpayer's income	110609
tax return the amount that the taxpayer wishes to contribute to	110610
the fund or funds. A designated contribution is irrevocable upon	110611
the filing of the return and shall be made in the full amount	110612
designated if the refund found due the taxpayer upon the initial	110613
processing of the taxpayer's return, after any deductions	110614
including those required by section 5747.12 of the Revised Code,	110615
is greater than or equal to the designated contribution. If the	110616
refund due as initially determined is less than the designated	110617
contribution, the contribution shall be made in the full amount of	110618
the refund. The tax commissioner shall subtract the amount of the	110619
contribution from the amount of the refund initially found due the	110620
taxpayer and shall certify the difference to the director of	110621
budget and management and treasurer of state for payment to the	110622
taxpayer in accordance with section 5747.11 of the Revised Code.	110623
For the purpose of any subsequent determination of the taxpayer's	110624
net tax payment, the contribution shall be considered a part of	110625
the refund paid to the taxpayer.	110626

(B) The tax commissioner shall provide a space on the income	110627
tax return form in which a taxpayer may indicate that the taxpayer	110628
wishes to make a donation in accordance with this section. The tax	110629
commissioner shall also print in the instructions accompanying the	110630
income tax return form a description of the purposes for which the	110631
natural areas and preserves fund, the nongame and endangered	110632
wildlife fund, the military injury relief fund, and the Ohio	110633
historical society income tax contribution fund were created and	110634
the use of moneys from the income tax refund contribution system	110635
established in this section. No person shall designate on the	110636
person's income tax return any part of a refund claimed under	110637
section 5747.11 of the Revised Code as a contribution to any fund	110638
other than the natural areas and preserves fund, the nongame and	110639
endangered wildlife fund, the military injury relief fund, or the	110640
Ohio historical society income tax contribution fund.	110641

(C) The money collected under the income tax refund	110642
contribution system established in this section shall be deposited	110643
by the tax commissioner into the natural areas and preserves fund,	110644
the nongame and endangered wildlife fund, the military injury	110645
relief fund, and the Ohio historical society income tax	110646
contribution fund in the amounts designated on the tax returns.	110647

(D) No later than the thirtieth day of September each year,	110648
the tax commissioner shall determine the total amount contributed	110649
to each fund under this section during the preceding eight months,	110650
any adjustments to prior months, and the cost to the department of	110651
taxation of administering the income tax refund contribution	110652
system during that eight-month period. The commissioner shall make	110653
an additional determination no later than the thirty-first day of	110654
January of each year of the total amount contributed to each fund	110655
under this section during the preceding four calendar months, any	110656
adjustments to prior years made during that four-month period, and	110657
the cost to the department of taxation of administering the income	110658
tax contribution system during that period. The cost of	110659
administering the income tax contribution system shall be	110660
certified by the tax commissioner to the director of budget and	110661
management, who shall transfer an amount equal to one-fourth of	110662
such administrative costs from the natural areas and preserves	110663
fund, one-fourth of such costs from the nongame and endangered	110664
wildlife fund, one-fourth of such costs from the military injury	110665
relief fund, and one-fourth of such costs from the Ohio historical	110666
society income tax contribution fund to the ~~litter control and~~	110667
~~natural resource~~income tax ~~administration~~contribution fund,	110668
which is hereby created, provided that the moneys that the	110669
department receives to pay the cost of administering the income	110670
tax refund contribution system in any year shall not exceed two	110671
and one-half per cent of the total amount contributed under that	110672
system during that year.	110673

(E)(1) The director of natural resources, in January of every	110674
odd-numbered year, shall report to the general assembly on the	110675
effectiveness of the income tax refund contribution system as it	110676
pertains to the natural areas and preserves fund and the nongame	110677
and endangered wildlife fund. The report shall include the amount	110678
of money contributed to each fund in each of the previous five	110679
years, the amount of money contributed directly to each fund in	110680
addition to or independently of the income tax refund contribution	110681
system in each of the previous five years, and the purposes for	110682
which the money was expended.	110683

(2) The director of job and family services and the director	110684
of the Ohio historical society, in January of every odd-numbered	110685
year, each shall report to the general assembly on the	110686
effectiveness of the income tax refund contribution system as it	110687
pertains to the military injury relief fund and the Ohio	110688
historical society income tax contribution fund, respectively. The	110689
report shall include the amount of money contributed to the fund	110690
in each of the previous five years, the amount of money	110691
contributed directly to the fund in addition to or independently	110692
of the income tax refund contribution system in each of the	110693
previous five years, and the purposes for which the money was	110694
expended.	110695

Sec. 5747.122. (A) The tax commissioner, in accordance with	110696
section 5101.184 of the Revised Code, shall cooperate with the	110697
director of job and family services to collect overpayments of	110698
assistance under Chapter 5107.~~, 5111.,~~ or 5115., former Chapter	110699
5113., or section 5101.54 of the Revised Code from refunds of	110700
state income taxes for taxable year 1992 and thereafter that are	110701
payable to the recipients of such overpayments.	110702

(B) At the request of the department of job and family	110703
services in connection with the collection of an overpayment of	110704
assistance from a refund of state income taxes pursuant to this	110705
section and section 5101.184 of the Revised Code, the tax	110706
commissioner shall release to the department the home address and	110707
social security number of any recipient of assistance whose	110708
overpayment may be collected from a refund of state income taxes	110709
under those sections.	110710

(C) In the case of a joint income tax return for two people	110711
who were not married to each other at the time one of them	110712
received an overpayment of assistance, only the portion of a	110713
refund that is due to the recipient of the overpayment shall be	110714
available for collection of the overpayment under this section and	110715
section 5101.184 of the Revised Code. The tax commissioner shall	110716
determine such portion. A recipient's spouse who objects to the	110717
portion as determined by the commissioner may file a complaint	110718
with the commissioner within twenty-one days after receiving	110719
notice of the collection, and the commissioner shall afford the	110720
spouse an opportunity to be heard on the complaint. The	110721
commissioner shall waive or extend the twenty-one-day period if	110722
the recipient's spouse establishes that such action is necessary	110723
to avoid unjust, unfair, or unreasonable results. After the	110724
hearing, the commissioner shall make a final determination of the	110725
portion of the refund available for collection of the overpayment.	110726

(D) The welfare overpayment intercept fund is hereby created	110727
in the state treasury. The tax commissioner shall deposit amounts	110728
collected from income tax refunds under this section to the credit	110729
of the welfare overpayment intercept fund. The director of job and	110730
family services shall distribute money in the fund in accordance	110731
with appropriate federal or state laws and procedures regarding	110732
collection of welfare overpayments.	110733

Sec. 5747.13. (A) If any employer collects the tax imposed	110734
by section 5747.02 or under Chapter 5748. of the Revised Code and	110735
fails to remit the tax as required by law, or fails to collect the	110736
tax, the employer is personally liable for any amount collected	110737
that the employer fails to remit, or any amount that the employer	110738
fails to collect. If any taxpayer fails to file a return or fails	110739
to pay the tax imposed by section 5747.02 or under Chapter 5748.	110740
of the Revised Code, the taxpayer is personally liable for the	110741
amount of the tax.	110742

If any employer, taxpayer, or qualifying entity required to	110743
file a return under this chapter fails to file the return within	110744
the time prescribed, files an incorrect return, fails to remit the	110745
full amount of the taxes due for the period covered by the return,	110746
or fails to remit any additional tax due as a result of a	110747
reduction in the amount of the credit allowed under division (B)	110748
of section 5747.05 of the Revised Code together with interest on	110749
the additional tax within the time prescribed by that division,	110750
the tax commissioner may make an assessment against any person	110751
liable for any deficiency for the period for which the return is	110752
or taxes are due, based upon any information in the commissioner's	110753
possession.	110754

An assessment issued against either the employer or the	110755
taxpayer pursuant to this section shall not be considered an	110756
election of remedies or a bar to an assessment against the other	110757
for failure to report or pay the same tax. No assessment shall be	110758
issued against any person if the tax actually has been paid by	110759
another.	110760

No assessment shall be made or issued against an employer,	110761
taxpayer, or qualifying entity more than four years after the	110762
final date the return subject to assessment was required to be	110763
filed or the date the return was filed, whichever is later.	110764
However, the commissioner may assess any balance due as the result	110765
of a reduction in the credit allowed under division (B) of section	110766
5747.05 of the Revised Code, including applicable penalty and	110767
interest, within four years of the date on which the taxpayer	110768
reports a change in either the portion of the taxpayer's adjusted	110769
gross income subjected to an income tax or tax measured by income	110770
in another state or the District of Columbia, or the amount of	110771
liability for an income tax or tax measured by income to another	110772
state or the District of Columbia, as required by division (B)(3)	110773
of section 5747.05 of the Revised Code. Such time limits may be	110774
extended if both the employer, taxpayer, or qualifying entity and	110775
the commissioner consent in writing to the extension or if an	110776
agreement waiving or extending the time limits has been entered	110777
into pursuant to section 122.171 of the Revised Code. Any such	110778
extension shall extend the four-year time limit in division (B) of	110779
section 5747.11 of the Revised Code for the same period of time.	110780
There shall be no bar or limit to an assessment against an	110781
employer for taxes withheld from employees and not remitted to the	110782
state, against an employer, taxpayer, or qualifying entity that	110783
fails to file a return subject to assessment as required by this	110784
chapter, or against an employer, taxpayer, or qualifying entity	110785
that files a fraudulent return.	110786

The commissioner shall give the party assessed written notice	110787
of the assessment in the manner provided in section 5703.37 of the	110788
Revised Code. With the notice, the commissioner shall provide	110789
instructions on how to petition for reassessment and request a	110790
hearing on the petition.	110791

(B) Unless the party assessed files with the tax commissioner	110792
within sixty days after service of the notice of assessment,	110793
either personally or by certified mail, a written petition for	110794
reassessment, signed by the party assessed or that party's	110795
authorized agent having knowledge of the facts, the assessment	110796
becomes final, and the amount of the assessment is due and payable	110797
from the party assessed to the commissioner with remittance made	110798
payable to the treasurer of state. The petition shall indicate the	110799
objections of the party assessed, but additional objections may be	110800
raised in writing if received by the commissioner prior to the	110801
date shown on the final determination. If the petition has been	110802
properly filed, the commissioner shall proceed under section	110803
5703.60 of the Revised Code.	110804

(C) After an assessment becomes final, if any portion of the	110805
assessment remains unpaid, including accrued interest, a certified	110806
copy of the tax commissioner's entry making the assessment final	110807
may be filed in the office of the clerk of the court of common	110808
pleas in the county in which the employer's, taxpayer's, or	110809
qualifying entity's place of business is located or the county in	110810
which the party assessed resides. If the party assessed is not a	110811
resident of this state, the certified copy of the entry may be	110812
filed in the office of the clerk of the court of common pleas of	110813
Franklin county.	110814

Immediately upon the filing of the entry, the clerk shall	110815
enter a judgment against the party assessed in the amount shown on	110816
the entry. The judgment shall be filed by the clerk in one of two	110817
loose-leaf books, one entitled "special judgments for state and	110818
school district income taxes," and the other entitled "special	110819
judgments for qualifying entity taxes." The judgment shall have	110820
the same effect as other judgments. Execution shall issue upon the	110821
judgment upon the request of the tax commissioner, and all laws	110822
applicable to sales on execution shall apply to sales made under	110823
the judgment.	110824

~~The portion of~~If the assessment is not paid in its entirety	110825
within sixty days after the assessment was issued, the portion of	110826
the assessment consisting of tax due shall bear interest at the	110827
rate per annum prescribed by section 5703.47 of the Revised Code	110828
from the day the tax commissioner issues the assessment until it	110829
is paid or until it is certified to the attorney general for	110830
collection under section 131.02 of the Revised Code, whichever	110831
comes first. If the unpaid portion of the assessment is certified	110832
to the attorney general for collection, the entire unpaid portion	110833
of the assessment shall bear interest at the rate per annum	110834
prescribed by section 5703.47 of the Revised Code from the date of	110835
certification until the date it is paid in its entirety. Interest	110836
shall be paid in the same manner as the tax and may be collected	110837
by the issuance of an assessment under this section.	110838

(D) All money collected under this section shall be	110839
considered as revenue arising from the taxes imposed by this	110840
chapter or Chapter 5733. or 5748. of the Revised Code, as	110841
appropriate.	110842

(E) If the party assessed files a petition for reassessment	110843
under division (B) of this section, the person, on or before the	110844
last day the petition may be filed, shall pay the assessed amount,	110845
including assessed interest and assessed penalties, if any of the	110846
following conditions exists:	110847

(1) The person files a tax return reporting Ohio adjusted	110848
gross income, less the exemptions allowed by section 5747.025 of	110849
the Revised Code, in an amount less than one cent, and the	110850
reported amount is not based on the computations required under	110851
division (A) of section 5747.01 or section 5747.025 of the Revised	110852
Code.	110853

(2) The person files a tax return that the tax commissioner	110854
determines to be incomplete, false, fraudulent, or frivolous.	110855

(3) The person fails to file a tax return, and the basis for	110856
this failure is not either of the following:	110857

(a) An assertion that the person has no nexus with this	110858
state;	110859

(b) The computations required under division (A) of section	110860
5747.01 of the Revised Code or the application of credits allowed	110861
under this chapter has the result that the person's tax liability	110862
is less than one dollar and one cent.	110863

(F) Notwithstanding the fact that a petition for reassessment	110864
is pending, the petitioner may pay all or a portion of the	110865
assessment that is the subject of the petition. The acceptance of	110866
a payment by the treasurer of state does not prejudice any claim	110867
for refund upon final determination of the petition.	110868

If upon final determination of the petition an error in the	110869
assessment is corrected by the tax commissioner, upon petition so	110870
filed or pursuant to a decision of the board of tax appeals or any	110871
court to which the determination or decision has been appealed, so	110872
that the amount due from the party assessed under the corrected	110873
assessment is less than the portion paid, there shall be issued to	110874
the petitioner or to the petitioner's assigns or legal	110875
representative a refund in the amount of the overpayment as	110876
provided by section 5747.11 of the Revised Code, with interest on	110877
that amount as provided by such section, subject to section	110878
5747.12 of the Revised Code.	110879

Sec. 5747.21. (A) This section applies solely for the	110880
purposes of computing the credit allowed under division (A) of	110881
section 5747.05 of the Revised Code, computing income taxable in	110882
this state under division (D) of section 5747.08 of the Revised	110883
Code, computing the deduction under division (A)(31) of section	110884
5747.01 of the Revised Code, and computing the credit allowed	110885
under section 5747.057 of the Revised Code.	110886

(B) Except as otherwise provided under ~~sections 5747.211 and~~	110887
section 5747.212 of the Revised Code, all items of business income	110888
and business deduction shall be apportioned to this state by	110889
multiplying the adjusted gross income by the fraction calculated	110890
under division (B)(2) of section 5733.05 and section 5733.057 of	110891
the Revised Code as if the taxpayer's business were a corporation	110892
subject to the tax imposed by section 5733.06 of the Revised Code.	110893

(C) If the allocation and apportionment provisions of	110894
sections 5747.20 to 5747.23 of the Revised Code or of any rule	110895
adopted by the tax commissioner, do not fairly represent the	110896
extent of business activity in this state of a taxpayer or	110897
pass-through entity, the taxpayer or pass-through entity may	110898
request, which request must be in writing accompanying ~~the~~a	110899
timely filed return or timely filed amended return, or the tax	110900
commissioner may require, in respect of all or any part of the	110901
business activity, if reasonable, any one or more of the	110902
following:	110903

(1) Separate accounting;

110904

(2) The exclusion of one or more factors;

110905

(3) The inclusion of one or more additional factors which	110906
will fairly represent the business activity in this state;	110907

(4) The employment of any other method to effectuate an	110908
equitable allocation and apportionment of such business in this	110909
state. An alternative method will be effective only with approval	110910
of the tax commissioner.	110911

The tax commissioner may adopt rules in the manner provided	110912
by sections 5703.14 and 5747.18 of the Revised Code providing for	110913
alternative methods of calculating business income and nonbusiness	110914
income applicable to all taxpayers and pass-through entities, to	110915
classes of taxpayers and pass-through entities, or only to	110916
taxpayers and pass-through entities within a certain industry.	110917

Sec. 5747.22. (A) This section applies solely for the	110918
purposes of computing the credit allowed under division (A) of	110919
section 5747.05 ~~of the Revised Code and~~, computing income taxable	110920
in this state under division (D) of section 5747.08, and computing	110921
the deduction under division (A)(31) of section 5747.01 of the	110922
Revised Code.	110923

(B) With respect to a pass-through entity, one or more of the	110924
pass-through entity investors of which are liable for the tax	110925
imposed by section 5747.02 of the Revised Code, the business	110926
income and deductions included in the adjusted gross income of the	110927
pass-through entity shall be apportioned to this state in the	110928
hands of the pass-through entity investors pursuant to section	110929
5747.21 of the Revised Code. The business income and deductions as	110930
thus apportioned to this state then shall be allocated to the	110931
pass-through entity investors in proportion to their right to	110932
share in that business income.	110933

(C) With respect to a pass-through entity described in	110934
division (B) of this section, the nonbusiness income and	110935
deductions included in the adjusted gross income of the	110936
pass-through entity shall be allocated to the pass-through entity	110937
investors in proportion to their right to share in the nonbusiness	110938
income, and then the pass-through entity shares shall be allocated	110939
to this state in the hands of each pass-through entity investor	110940
pursuant to section 5747.20 of the Revised Code.	110941

Sec. 5747.47. (A)(1) By the ~~twentieth~~twenty-fifth day of	110942
July of each year, the tax commissioner shall estimate and certify	110943
the following for each county to its county auditor:	110944

(a) Its guaranteed share of the ensuing year's fund balance;

110945

(b) Its share of the excess of the ensuing year's fund	110946
balance;	110947

110948

(2) In December and in June following such estimations and	110949
certifications, the commissioner shall revise such estimates and	110950
certify such revised estimates to the respective county auditors.	110951

(B) By the tenth day of each month the commissioner shall	110952
distribute the amount credited to the public library fund in the	110953
current month under section 131.51 of the Revised Code. The	110954
distributions shall be made as follows:	110955

(1) During the first six months of each year, each county	110956
shall be paid a percentage of the balance that is the same per	110957
cent that the revised estimate of the county's total entitlement	110958
certified in December under division (A)(2) of this section is of	110959
the sum of such revised estimates of the total entitlements for	110960
all counties.	110961

(2) During the last six months, each county shall be paid a	110962
percentage of the balance that is the same per cent that the	110963
revised estimate of the county's total entitlement certified in	110964
June under division (A)(2) of this section is of the sum of such	110965
revised estimates of the total entitlements for all counties.	110966

(3) During each of the first six months of each year, the	110967
payments made to each county shall be adjusted as follows:	110968

(a) If the county received an overpayment during the	110969
preceding distribution year, reduce the sum of the payments by the	110970
amount of such overpayment. The reduction shall be apportioned	110971
over the six months.	110972

(b) If the county received an underpayment during the	110973
preceding distribution year, increase the sum of the payments by	110974
the amount of such underpayment. The increase shall be apportioned	110975
over the six months.	110976

(C) By the twentieth day of December of each year, the tax	110977
commissioner shall determine and certify to the auditor of each	110978
county each of the following with respect to the current	110979
distribution year:	110980

(1) The year's fund balance;

110981

(2) Each county's guaranteed share;

110982

(3) Each county's share of the excess;

110983

(4) Each county's total entitlement;

110984

(5) Each county's net distribution;

110985

(6) The amount by which each county's net distribution	110986
exceeded or was less than its total entitlement, which amount	110987
shall constitute the county's overpayment or underpayment for	110988
purposes of division (B)(3) of this section in the ensuing	110989
distribution year.	110990

Sec. 5747.501. (A) On or before the twenty-fifth day of July	110991
of each year, the tax commissioner shall estimate and certify to	110992
each county auditor the amount to be distributed from the local	110993
government fund to each undivided local government fund during the	110994
following calendar year under section 5747.50 of the Revised Code.	110995
The estimate shall equal the sum of the separate amounts computed	110996
under divisions (B)(1) and (2) of this section.	110997

(B)(1) The product obtained by multiplying the percentage	110998
described in division (B)(1)(a) of this section by the amount	110999
described in division (B)(1)(b) of this section.	111000

(a) Each county's proportionate share of the total amount	111001
distributed to the counties from the local government fund and the	111002
local government revenue assistance fund during calendar year	111003
2007. In fiscal year 2014 and thereafter, the amount distributed	111004
to any county undivided local government fund shall be an amount	111005
not less than seven hundred fifty thousand dollars or the amount	111006
distributed to such fund in fiscal year 2013, whichever amount is	111007
smaller. To the extent necessary to implement this minimum	111008
distribution requirement, the proportionate shares computed under	111009
this division shall be adjusted accordingly.	111010

(b) The total amount distributed to counties from the local	111011
government fund and the local government revenue assistance fund	111012
during calendar year 2007 adjusted downward if, and to the extent	111013
that, total local government fund distributions to counties for	111014
the following year are projected to be less than what was	111015
distributed to counties from the local government fund and local	111016
government revenue assistance fund during calendar year 2007.	111017

(2) The product obtained by multiplying the percentage	111018
described in division (B)(2)(a) of this section by the amount	111019
described in division (B)(2)(b) of this section.	111020

(a) Each county's proportionate share of the state's	111021
population as reflected in the most recent federal decennial	111022
census or the federal government's most recent census estimates,	111023
whichever represents the most recent year.	111024

(b) The amount by which total estimated distributions from	111025
the local government fund during the immediately succeeding	111026
calendar year, less the total estimated amount to be distributed	111027
from the fund to municipal corporations under division (C) of	111028
section 5747.50 of the Revised Code during the immediately	111029
succeeding calendar year, exceed the total amount distributed to	111030
counties from the local government fund and local government	111031
revenue assistance fund during calendar year 2007.	111032

Sec. 5747.98. (A) To provide a uniform procedure for	111033
calculating the amount of tax due under section 5747.02 of the	111034
Revised Code, a taxpayer shall claim any credits to which the	111035
taxpayer is entitled in the following order:	111036

(1) The retirement income credit under division (B) of	111037
section 5747.055 of the Revised Code;	111038

(2) The senior citizen credit under division (C) of section	111039
5747.05 of the Revised Code;	111040

(3) The lump sum distribution credit under division (D) of	111041
section 5747.05 of the Revised Code;	111042

(4) The dependent care credit under section 5747.054 of the	111043
Revised Code;	111044

(5) The lump sum retirement income credit under division (C)	111045
of section 5747.055 of the Revised Code;	111046

(6) The lump sum retirement income credit under division (D)	111047
of section 5747.055 of the Revised Code;	111048

(7) The lump sum retirement income credit under division (E)	111049
of section 5747.055 of the Revised Code;	111050

(8) The low-income credit under section 5747.056 of the	111051
Revised Code;	111052

(9) The credit for displaced workers who pay for job training	111053
under section 5747.27 of the Revised Code;	111054

(10) The campaign contribution credit under section 5747.29	111055
of the Revised Code;	111056

(11) The twenty-dollar personal exemption credit under	111057
section 5747.022 of the Revised Code;	111058

(12) The joint filing credit under division (G) of section	111059
5747.05 of the Revised Code;	111060

(13) The nonresident credit under division (A) of section	111061
5747.05 of the Revised Code;	111062

(14) The credit for a resident's out-of-state income under	111063
division (B) of section 5747.05 of the Revised Code;	111064

(15) The credit for employers that enter into agreements with	111065
child day-care centers under section 5747.34 of the Revised Code;	111066

(16) The credit for employers that reimburse employee child	111067
care expenses under section 5747.36 of the Revised Code;	111068

(17) The credit for adoption of a minor child under section	111069
5747.37 of the Revised Code;	111070

(18) The credit for purchases of lights and reflectors under	111071
section 5747.38 of the Revised Code;	111072

(19) The nonrefundable job retention credit under division	111073
(B) of section 5747.058 of the Revised Code;	111074

(20) The credit for selling alternative fuel under section	111075
5747.77 of the Revised Code;	111076

(21) The second credit for purchases of new manufacturing	111077
machinery and equipment and the credit for using Ohio coal under	111078
section 5747.31 of the Revised Code;	111079

(22) The job training credit under section 5747.39 of the	111080
Revised Code;	111081

(23) The enterprise zone credit under section 5709.66 of the	111082
Revised Code;	111083

(24) The credit for the eligible costs associated with a	111084
voluntary action under section 5747.32 of the Revised Code;	111085

(25) The credit for employers that establish on-site child	111086
day-care centers under section 5747.35 of the Revised Code;	111087

(26) The ethanol plant investment credit under section	111088
5747.75 of the Revised Code;	111089

(27) The credit for purchases of qualifying grape production	111090
property under section 5747.28 of the Revised Code;	111091

(28) The small business investment credit under section	111092
5747.81 of the Revised Code;	111093

(29) ~~The credit for research and development and technology~~	111094
~~transfer investors under section 5747.33 of the Revised Code;~~	111095

~~(30)~~ The enterprise zone credits under section 5709.65 of the	111096
Revised Code;	111097

~~(31)~~(30) The research and development credit under section	111098
5747.331 of the Revised Code;	111099

~~(32)~~(31) The credit for rehabilitating a historic building	111100
under section 5747.76 of the Revised Code;	111101

~~(33)~~(32) The refundable credit for rehabilitating a historic	111102
building under section 5747.76 of the Revised Code;	111103

~~(34)~~(33) The refundable jobs creation credit or job retention	111104
credit under division (A) of section 5747.058 of the Revised Code;	111105

~~(35)~~(34) The refundable credit for taxes paid by a qualifying	111106
entity granted under section 5747.059 of the Revised Code;	111107

~~(36)~~(35) The refundable credits for taxes paid by a	111108
qualifying pass-through entity granted under division (J) of	111109
section 5747.08 of the Revised Code;	111110

~~(37)~~(36) The refundable credit under section 5747.80 of the	111111
Revised Code for losses on loans made to the Ohio venture capital	111112
program under sections 150.01 to 150.10 of the Revised Code;	111113

~~(38)~~(37) The refundable motion picture production credit	111114
under section 5747.66 of the Revised Code.	111115

~~(39)~~(38) The refundable credit for financial institution	111116
taxes paid by a pass-through entity granted under section 5747.65	111117
of the Revised Code.	111118

(B) For any credit, except the refundable credits enumerated	111119
in this section and the credit granted under division (I) of	111120
section 5747.08 of the Revised Code, the amount of the credit for	111121
a taxable year shall not exceed the tax due after allowing for any	111122
other credit that precedes it in the order required under this	111123
section. Any excess amount of a particular credit may be carried	111124
forward if authorized under the section creating that credit.	111125
Nothing in this chapter shall be construed to allow a taxpayer to	111126
claim, directly or indirectly, a credit more than once for a	111127
taxable year.	111128

Sec. 5748.01. As used in this chapter:

111129

(A) "School district income tax" means an income tax adopted	111130
under one of the following:	111131

(1) Former section 5748.03 of the Revised Code as it existed	111132
prior to its repeal by Amended Substitute House Bill No. 291 of	111133
the 115th general assembly;	111134

(2) Section 5748.03 of the Revised Code as enacted in	111135
Substitute Senate Bill No. 28 of the 118th general assembly;	111136

(3) Section 5748.08 of the Revised Code as enacted in Amended	111137
Substitute Senate Bill No. 17 of the 122nd general assembly;	111138

(4) Section 5748.021 of the Revised Code;

111139

(5) Section 5748.081 of the Revised Code;

111140

(6) Section 5748.09 of the Revised Code.

111141

(B) "Individual" means an individual subject to the tax	111142
levied by section 5747.02 of the Revised Code.	111143

(C) "Estate" means an estate subject to the tax levied by	111144
section 5747.02 of the Revised Code.	111145

(D) "Taxable year" means a taxable year as defined in	111146
division (M) of section 5747.01 of the Revised Code.	111147

(E) "Taxable income" means:

111148

(1) In the case of an individual, one of the following, as	111149
specified in the resolution imposing the tax:	111150

(a) Ohio adjusted gross income for the taxable year as	111151
defined in division (A) of section 5747.01 of the Revised Code,	111152
less the exemptions provided by section 5747.02 of the Revised	111153
Code, plus any amount deducted under division (A)(31) of section	111154
5747.01 of the Revised Code for the taxable year;	111155

(b) Wages, salaries, tips, and other employee compensation to	111156
the extent included in Ohio adjusted gross income as defined in	111157
section 5747.01 of the Revised Code, and net earnings from	111158
self-employment, as defined in section 1402(a) of the Internal	111159
Revenue Code, to the extent included in Ohio adjusted gross	111160
income.	111161

(2) In the case of an estate, taxable income for the taxable	111162
year as defined in division (S) of section 5747.01 of the Revised	111163
Code.	111164

(F) "Resident" of the school district means:

111165

(1) An individual who is a resident of this state as defined	111166
in division (I) of section 5747.01 of the Revised Code during all	111167
or a portion of the taxable year and who, during all or a portion	111168
of such period of state residency, is domiciled in the school	111169
district or lives in and maintains a permanent place of abode in	111170
the school district;	111171

(2) An estate of a decedent who, at the time of death, was	111172
domiciled in the school district.	111173

(G) "School district income" means:

111174

(1) With respect to an individual, the portion of the taxable	111175
income of an individual that is received by the individual during	111176
the portion of the taxable year that the individual is a resident	111177
of the school district and the school district income tax is in	111178
effect in that school district. An individual may have school	111179
district income with respect to more than one school district.	111180

(2) With respect to an estate, the taxable income of the	111181
estate for the portion of the taxable year that the school	111182
district income tax is in effect in that school district.	111183

(H) "Taxpayer" means an individual or estate having school	111184
district income upon which a school district income tax is	111185
imposed.	111186

(I) "School district purposes" means any of the purposes for	111187
which a tax may be levied pursuant to division (A) of section	111188
5705.21 of the Revised Code, including the combined purposes	111189
authorized by section 5705.217 of the Revised Code.	111190

Sec. 5749.01. As used in this chapter:

111191

(A) "Ton" shall mean two thousand pounds as measured at the	111192
point and time of severance, after the removal of any impurities,	111193
under such rules and regulations as the tax commissioner may	111194
prescribe.	111195

(B) "Taxpayer" means any person required to pay the tax	111196
levied by Chapter 5749. of the Revised Code.	111197

(C) "Natural resource" means all forms of coal, salt,	111198
limestone, dolomite, sand, gravel, ~~natural~~ gas, condensate, and	111199
oil.	111200

(D) "Owner," ~~has~~"well," and "horizontal well" have the same	111201
~~meaning~~meanings as in section 1509.01 of the Revised Code.	111202

(E) "Person" means any individual, firm, partnership,	111203
association, joint stock company, corporation, or estate, or	111204
combination thereof.	111205

(F) "Return" means any report or statement required to be	111206
filed pursuant to Chapter 5749. of the Revised Code used to	111207
determine the tax due.	111208

(G) "Severance" means the extraction or other removal of a	111209
natural resource from the soil or water of this state.	111210

(H) "Severed" means the point at which the natural resource	111211
has been separated from the soil or water in this state.	111212

(I) "Severer" means any person who actually removes the	111213
natural resources from the soil or water in this state.	111214

(J) "First day of production" means the date on which natural	111215
resources are first severed through the use of a horizontal well.	111216
"First day of production" does not include days on which gas is	111217
flared from a horizontal well exclusively for testing and oil or	111218
condensate is not produced when the gas is flared.	111219

(K) "British thermal unit" means the measure of heat energy	111220
required to raise the temperature of one pound of water by one	111221
degree fahrenheit at a specified temperature.	111222

(L) "Condensate" means liquid hydrocarbons that were	111223
originally in the gaseous phase in the reservoir.	111224

(M) "Gas" means all hydrocarbons that are in a gaseous state	111225
at standard temperature and pressure.	111226

Sec. 5749.02. (A) For the purpose of providing revenue to	111227
administer the state's coal mining and reclamation regulatory	111228
program, to meet the environmental and resource management needs	111229
of this state, to provide funding for the general revenue fund,	111230
and to reclaim land affected by mining, an excise tax is hereby	111231
levied on the privilege of engaging in the severance of natural	111232
resources from the soil or water of this state. The tax shall be	111233
imposed upon the severer ~~and shall be~~at the rates prescribed by	111234
divisions (A)(1) to (11) of this section:	111235

(1) Ten cents per ton of coal;

111236

(2) Four cents per ton of salt;

111237

(3) Two cents per ton of limestone or dolomite;

111238

(4) Two cents per ton of sand and gravel;

111239

(5) ~~Ten~~Twenty cents per barrel of oil severed through use of	111240
a well that is not a horizontal well;	111241

(6) ~~Two and one-half~~When severed through use of a well that	111242
is not a horizontal well, the lesser of three cents per thousand	111243
cubic feet of ~~natural~~ gas or one per cent of the product of the	111244
metered quarterly volume of gas from the well multiplied by the	111245
average of the daily closing spot price of gas for the quarterly	111246
reporting period as established by the tax commissioner under	111247
division (D) of this section;	111248

(7) One cent per ton of clay, sandstone or conglomerate,	111249
shale, gypsum, or quartzite;	111250

(8) Except as otherwise provided in this division or in rules	111251
adopted by the reclamation forfeiture fund advisory board under	111252
section 1513.182 of the Revised Code, an additional fourteen cents	111253
per ton of coal produced from an area under a coal mining and	111254
reclamation permit issued under Chapter 1513. of the Revised Code	111255
for which the performance security is provided under division	111256
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	111257
2007, if at the end of a fiscal biennium the balance of the	111258
reclamation forfeiture fund created in section 1513.18 of the	111259
Revised Code is equal to or greater than ten million dollars, the	111260
rate levied shall be twelve cents per ton. Beginning July 1, 2007,	111261
if at the end of a fiscal biennium the balance of the fund is at	111262
least five million dollars, but less than ten million dollars, the	111263
rate levied shall be fourteen cents per ton. Beginning July 1,	111264
2007, if at the end of a fiscal biennium the balance of the fund	111265
is less than five million dollars, the rate levied shall be	111266
sixteen cents per ton. Beginning July 1, 2009, not later than	111267
thirty days after the close of a fiscal biennium, the chief of the	111268
division of mineral resources management shall certify to the tax	111269
commissioner the amount of the balance of the reclamation	111270
forfeiture fund as of the close of the fiscal biennium. Any	111271
necessary adjustment of the rate levied shall take effect on the	111272
first day of the following January and shall remain in effect	111273
during the calendar biennium that begins on that date.	111274

(9) An additional one and two-tenths cents per ton of coal	111275
mined by surface mining methods;	111276

(10)(a) Beginning on the first day of production and	111277
continuing until the last day of the fourth calendar quarter that	111278
begins after the calendar quarter that includes the first day of	111279
production, one and one-half per cent of the product of the	111280
metered quarterly volume of oil or condensate severed through use	111281
of a horizontal well multiplied by the average of the daily	111282
closing spot price for the quarterly reporting period for oil or	111283
condensate as established by the tax commissioner under division	111284
(D)(2) of this section;	111285

(b) Beginning the first day of the fifth calendar quarter	111286
that begins after the calendar quarter that includes the first day	111287
of production and continuing thereafter, four per cent of the	111288
product of the metered quarterly volume of oil or condensate	111289
severed through use of a horizontal well multiplied by the average	111290
of the daily closing spot price for the quarterly reporting period	111291
for oil or condensate as established by the tax commissioner under	111292
division (D)(2) of this section.	111293

(11)(a) If the British thermal unit measurement of gas	111294
severed through use of a horizontal well is equal to or less than	111295
one thousand fifty per cubic foot, one per cent of the product of	111296
the metered quarterly volume of gas severed through use of the	111297
horizontal well multiplied by the quarterly average of the daily	111298
closing spot price of gas for the quarterly reporting period as	111299
established by the tax commissioner under division (D)(1) of this	111300
section;	111301

(b) Beginning on the first day of production and continuing	111302
until the last day of the fourth calendar quarter that begins	111303
after the calendar quarter that includes the first day of	111304
production, if the British thermal unit measurement of gas severed	111305
through use of a horizontal well is greater than one thousand	111306
fifty per cubic foot but less than or equal to one thousand two	111307
hundred per cubic foot, the rate established by the tax	111308
commissioner under division (E)(1) of this section multiplied by	111309
the metered quarterly volume of gas severed through use of the	111310
horizontal well;	111311

(c) Beginning the first day of the fifth calendar quarter	111312
that begins after the calendar quarter that includes the first day	111313
of production and continuing thereafter, if the British thermal	111314
unit measurement of gas severed through use of a horizontal well	111315
is greater than one thousand fifty per cubic foot but less than or	111316
equal to one thousand two hundred per cubic foot, the rate	111317
established by the tax commissioner under division (E)(2) of this	111318
section multiplied by the metered quarterly volume of gas severed	111319
through use of the horizontal well;	111320

(d) Beginning on the first day of production and continuing	111321
until the last day of the fourth calendar quarter that begins	111322
after the calendar quarter that includes the first day of	111323
production, if the British thermal unit measurement of gas severed	111324
through use of a horizontal well is greater than one thousand two	111325
hundred per cubic foot but less than or equal to one thousand	111326
three hundred fifty per cubic foot, the rate established by the	111327
tax commissioner under division (E)(3) of this section multiplied	111328
by the metered quarterly volume of gas severed through use of the	111329
horizontal well;	111330

(e) Beginning the first day of the fifth calendar quarter	111331
that begins after the calendar quarter that includes the first day	111332
of production and continuing thereafter, if the British thermal	111333
unit measurement of gas severed through use of a horizontal well	111334
is greater than one thousand two hundred per cubic foot but less	111335
than or equal to one thousand three hundred fifty per cubic foot,	111336
the rate established by the tax commissioner under division (E)(4)	111337
of this section multiplied by the metered quarterly volume of gas	111338
severed through use of the horizontal well;	111339

(f) Beginning on the first day of production and continuing	111340
until the last day of the fourth calendar quarter that begins	111341
after the calendar quarter that includes the first day of	111342
production, if the British thermal unit measurement of gas severed	111343
through use of a horizontal well is greater than one thousand	111344
three hundred fifty per cubic foot, the rate established by the	111345
tax commissioner under division (E)(5) of this section multiplied	111346
by the metered quarterly volume of gas severed through use of the	111347
horizontal well;	111348

(g) Beginning the first day of the fifth calendar quarter	111349
that begins after the calendar quarter that includes the first day	111350
of production and continuing thereafter, if the British thermal	111351
unit measurement of gas severed through use of a horizontal well	111352
is greater than one thousand three hundred fifty per cubic foot,	111353
the rate established by the tax commissioner under division (E)(6)	111354
of this section multiplied by the metered quarterly volume of gas	111355
severed through use of the horizontal well.	111356

(B) OfAfter the director of budget and management transfers	111357
money from the severance tax receipts fund as required in division	111358
(H) of section 5749.06 of the Revised Code, money remaining in the	111359
severance tax receipts fund shall be credited as follows:	111360

(1) Of the moneys ~~received by the treasurer of state~~in the	111361
fund from the tax levied in division (A)(1) of this section, four	111362
and seventy-six-hundredths per cent shall be credited to the	111363
geological mapping fund created in section 1505.09 of the Revised	111364
Code, eighty and ninety-five-hundredths per cent shall be credited	111365
to the coal mining administration and reclamation reserve fund	111366
created in section 1513.181 of the Revised Code, and fourteen and	111367
twenty-nine-hundredths per cent shall be credited to the	111368
unreclaimed lands fund created in section 1513.30 of the Revised	111369
Code.	111370

(2) The money ~~received by the treasurer of state~~in the fund	111371
from the tax levied in division (A)(2) of this section shall be	111372
credited to the geological mapping fund.	111373

(3) Of the moneys ~~received by the treasurer of state~~in the	111374
fund from the tax levied in divisions (A)(3) and (4) of this	111375
section, seven and five-tenths per cent shall be credited to the	111376
geological mapping fund, forty-two and five-tenths per cent shall	111377
be credited to the unreclaimed lands fund, and the remainder shall	111378
be credited to the surface mining fund created in section 1514.06	111379
of the Revised Code.	111380

(4) Of the moneys ~~received by the treasurer of state~~in the	111381
fund from the tax levied in divisions (A)(5) and (6) of this	111382
section, ninety per cent shall be credited to the oil and gas well	111383
fund created in section 1509.02 of the Revised Code and ten per	111384
cent shall be credited to the geological mapping fund. All of the	111385
moneys ~~received by the treasurer of state~~in the fund from the	111386
tax levied in division (A)(7) of this section shall be credited to	111387
the surface mining fund.	111388

(5) All of the moneys ~~received by the treasurer of state~~in	111389
the fund from the tax levied in division (A)(8) of this section	111390
shall be credited to the reclamation forfeiture fund.	111391

(6) All of the moneys ~~received by the treasurer of state~~in	111392
the fund from the tax levied in division (A)(9) of this section	111393
shall be credited to the unreclaimed lands fund.	111394

(7) All of the money in the fund from the tax levied in	111395
divisions (A)(10) and (11) of this section shall be credited to	111396
the general revenue fund.	111397

(C) When, at the close of any fiscal year, the chief finds	111398
that the balance of the reclamation forfeiture fund, plus	111399
estimated transfers to it from the coal mining administration and	111400
reclamation reserve fund under section 1513.181 of the Revised	111401
Code, plus the estimated revenues from the tax levied by division	111402
(A)(8) of this section for the remainder of the calendar year that	111403
includes the close of the fiscal year, are sufficient to complete	111404
the reclamation of all lands for which the performance security	111405
has been provided under division (C)(2) of section 1513.08 of the	111406
Revised Code, the purposes for which the tax under division (A)(8)	111407
of this section is levied shall be deemed accomplished at the end	111408
of that calendar year. The chief, within thirty days after the	111409
close of the fiscal year, shall certify those findings to the tax	111410
commissioner, and the tax levied under division (A)(8) of this	111411
section shall cease to be imposed for the subsequent calendar year	111412
after the last day of that calendar year on coal produced under a	111413
coal mining and reclamation permit issued under Chapter 1513. of	111414
the Revised Code if the permittee has made tax payments under	111415
division (A)(8) of this section during each of the preceding five	111416
full calendar years. Not later than thirty days after the close of	111417
a fiscal year, the chief shall certify to the tax commissioner the	111418
identity of any permittees who accordingly no longer are required	111419
to pay the tax levied under division (A)(8) of this section for	111420
the subsequent calendar year.	111421

(D) Not later than fifteen days after the close of each	111422
calendar quarter, the tax commissioner shall establish and post on	111423
the department of taxation's web site the average daily closing	111424
spot price or factor, as applicable, for each quarterly reporting	111425
period as follows:	111426

(1) For the purposes of divisions (A)(6) and (11) of this	111427
section, the average daily closing spot price for gas shall be	111428
calculated by dividing the sum of the daily closing spot price for	111429
gas as reported on the New York mercantile exchange index for each	111430
day in the quarter by the number of days in the quarter.	111431

(2) For the purposes of division (A)(10) of this section, the	111432
average daily closing spot price for oil and condensate shall be	111433
calculated by dividing the sum of the daily closing spot price for	111434
oil and condensate as reported for west Texas intermediate on the	111435
New York mercantile exchange index for each day in the quarter by	111436
the number of days in the quarter.	111437

(3) For the purposes of division (E) of this section, the	111438
average daily closing spot price for natural gas liquids shall be	111439
calculated by dividing the sum of the daily closing spot prices	111440
for natural gas liquids as reported on the Mont Belvieu NGL index	111441
for each day in the quarter by the number of days in the quarter.	111442

(E) Not later than fifteen days after the close of each	111443
calendar quarter, the tax commissioner shall calculate and post on	111444
the department of taxation's web site the rate of the tax levied	111445
under divisions (A)(11)(b) to (g) of this section, which the	111446
commissioner shall calculate for each quarterly reporting period	111447
as follows:	111448

(1) For the purposes of division (A)(11)(b) of this section,	111449
the sum of the average daily closing spot price for gas	111450
established under division (D)(1) of this section multiplied by	111451
one per cent multiplied by nine thousand three hundred twenty-nine	111452
ten-thousandths, plus the average daily closing spot price for	111453
natural gas liquids established under division (D)(3) of this	111454
section multiplied by one and one-half per cent multiplied by two	111455
and one-half;	111456

(2) For the purposes of division (A)(11)(c) of this section,	111457
the sum of the average daily closing spot price for gas	111458
established under division (D)(1) of this section multiplied by	111459
one per cent multiplied by nine thousand three hundred twenty-nine	111460
ten-thousandths, plus the average daily closing spot price for	111461
natural gas liquids established under division (D)(3) of this	111462
section multiplied by four per cent multiplied by two and	111463
one-half;	111464

(3) For the purposes of division (A)(11)(d) of this section,	111465
the sum of the average daily closing spot price for gas	111466
established under division (D)(1) of this section multiplied by	111467
one per cent multiplied by eight thousand two hundred thirty-two	111468
ten-thousandths, plus the average daily closing spot price for	111469
natural gas liquids established under division (D)(3) of this	111470
section multiplied by one and one-half per cent multiplied by five	111471
and one-half;	111472

(4) For the purposes of division (A)(11)(e) of this section,	111473
the sum of the average daily closing spot price for gas	111474
established under division (D)(1) of this section multiplied by	111475
one per cent multiplied by eight thousand two hundred thirty-two	111476
ten-thousandths, plus the average daily closing spot price for	111477
natural gas liquids established under division (D)(3) of this	111478
section multiplied by four per cent multiplied by five and	111479
one-half;	111480

(5) For the purposes of division (A)(11)(f) of this section,	111481
the sum of the average daily closing spot price for gas	111482
established under division (D)(1) of this section multiplied by	111483
one per cent multiplied by seven thousand three hundred sixty-six	111484
ten-thousandths, plus the average daily closing spot price for	111485
natural gas liquids established under division (D)(3) of this	111486
section multiplied by one and one-half per cent multiplied by	111487
eight and one-half;	111488

(6) For the purposes of division (A)(11)(g) of this section,	111489
the sum of the average daily closing spot price for gas	111490
established under division (D)(1) of this section multiplied by	111491
one per cent multiplied by seven thousand three hundred sixty-six	111492
ten-thousandths, plus the average daily closing spot price for	111493
natural gas liquids established under division (D)(3) of this	111494
section multiplied by four per cent multiplied by eight and	111495
one-half.	111496

Sec. 5749.03. The ~~following shall be exempt from the~~ tax	111497
imposed by section 5749.02 of the Revised Code ~~and the amount due~~	111498
~~under section 1509.50 of the Revised Code:~~	111499

~~The~~does not apply to the severance of natural resources from	111500
land or water in this state owned legally or beneficially by the	111501
severer~~, which~~if natural resources will be used on the land from	111502
which they are taken by the severer as part of the improvement of	111503
or use in the severer's homestead and ~~which~~to the extent that	111504
such natural resources have a yearly cumulative market value of	111505
not greater than one thousand dollars. When severed natural	111506
resources so used exceed a cumulative market value of one thousand	111507
dollars during any year, the further severance of natural	111508
resources shall be subject to the tax imposed by section 5749.02	111509
of the Revised Code.	111510

Sec. 5749.031. The tax imposed under division (A)(6) of	111511
section 5749.02 of the Revised Code does not apply to the	111512
severance of gas from a well that is not a horizontal well and	111513
that produces an average of fewer than ten thousand cubic feet of	111514
gas per day in a quarterly period, but the severer shall file the	111515
return required under section 5749.06 of the Revised Code to	111516
report the severance of such gas.	111517

Sec. 5749.06. (A)(1) Each severer liable for the tax imposed	111518
by section 5749.02 of the Revised Code ~~and each severer or owner~~	111519
~~liable for the amounts due under section 1509.50 of the Revised~~	111520
~~Code~~ shall make and file returns with the tax commissioner in the	111521
prescribed form and as of the prescribed times, computing and	111522
reflecting therein the tax as required by this chapter ~~and amounts~~	111523
~~due under section 1509.50 of the Revised Code~~.	111524

(2) The returns shall be filed for every quarterly period,	111525
which periods shall end on the thirty-first day of March, the	111526
thirtieth day of June, the thirtieth day of September, and the	111527
thirty-first day of December of each year, as required by this	111528
section, unless a different return period is prescribed for a	111529
taxpayer by the commissioner.	111530

(B)(1) A separate return shall be filed for each calendar	111531
quarterly period, or other period, or any part thereof, during	111532
which the severer holds a license as provided by section 5749.04	111533
of the Revised Code, or is required to hold the license~~, or during~~	111534
~~which an owner is required to file a return, and the~~. The return	111535
shall be filed within forty-five days after the last day of each	111536
such calendar month, or other period, or any part thereof, for	111537
which the return is required ~~and shall include remittance payable~~	111538
~~to the treasurer of state of the amount of~~. The tax due is payable	111539
along with the return. All such returns shall contain such	111540
information as the commissioner may require to fairly administer	111541
the tax.	111542

(2) All returns shall be signed by the severer ~~or owner, as~~	111543
~~applicable~~, shall contain the full and complete information	111544
requested, and shall be made under penalty of perjury.	111545

(C) If the commissioner believes that quarterly payments of	111546
tax would result in a delay that might jeopardize the collection	111547
of such tax payments, the commissioner may order that such	111548
payments be made weekly, or more frequently if necessary, such	111549
payments to be made not later than seven days following the close	111550
of the period for which the jeopardy payment is required. Such an	111551
order shall be delivered to the taxpayer personally or by	111552
certified mail and shall remain in effect until the commissioner	111553
notifies the taxpayer to the contrary.	111554

(D) Upon good cause the commissioner may extend for thirty	111555
days the period for filing any notice or return required to be	111556
filed under this section, and may remit all or a part of penalties	111557
that may become due under this chapter.	111558

(E) Any tax ~~and any amount due under section 1509.50 of the~~	111559
~~Revised Code~~ not paid by the day the tax ~~or amount~~ is due shall	111560
bear interest computed at the rate per annum prescribed by section	111561
5703.47 of the Revised Code on that amount of tax due from the day	111562
that the amount was originally required to be paid to the day of	111563
actual payment or to the day an assessment was issued under	111564
section 5749.07 or 5749.10 of the Revised Code, whichever occurs	111565
first.	111566

(F) ~~The severer shall make all payments payable to the~~	111567
~~treasurer of state. Except for the amounts due under section~~	111568
~~1509.50 of the Revised Code, all~~A severer that fails to file a	111569
complete return or pay the full amount of tax due under this	111570
chapter within the time prescribed, including any extensions of	111571
time granted by the commissioner, shall be subject to a penalty	111572
not to exceed the greater of fifty dollars or ten per cent of the	111573
tax due for the tax period.	111574

(G)(1) A severer shall remit tax payments electronically and,	111575
if required by the commissioner, file each return electronically.	111576
The commissioner may require that the severer use the Ohio	111577
business gateway, as defined in section 718.051 of the Revised	111578
Code, or another electronic means to file returns and remit	111579
payments electronically.	111580

(2) A severer that is required to remit tax payments	111581
electronically under this section may apply to the commissioner,	111582
in the manner prescribed by the commissioner, to be excused from	111583
that requirement. The commissioner may excuse a severer from the	111584
requirements of division (G) of this section for good cause.	111585

(3) If a severer that is required to remit tax payments or	111586
file returns electronically under this section fails to do so, the	111587
commissioner may impose a penalty on the severer not to exceed the	111588
following:	111589

(a) For the first or second payment or return the severer	111590
fails to remit or file electronically, the greater of five per	111591
cent of the amount of the payment that was required to be remitted	111592
or twenty-five dollars;	111593

(b) For every payment or return after the second that the	111594
severer fails to remit or file electronically, the greater of ten	111595
per cent of the amount of the payment that was required to be	111596
remitted or fifty dollars.	111597

(H)(1) All amounts that the ~~tax~~ commissioner receives under	111598
this section shall be deemed to be revenue from taxes imposed	111599
under this chapter~~. The commissioner shall immediately forward to~~	111600
~~the treasurer of state all amounts received under this section~~and	111601
shall be deposited in the severance tax receipts fund, which is	111602
hereby created in the state treasury.	111603

(2) The director of budget and management shall transfer from	111604
the severance tax receipts fund to the tax refund fund amounts	111605
equal to the refunds certified by the commissioner under section	111606
5749.08 of the Revised Code. Any amount transferred under division	111607
(H)(2) of this section shall be derived from receipts of the same	111608
tax imposed under this chapter from which the refund arose.	111609

(3) After the director of budget and management makes any	111610
transfer required by division (H)(2) of this section, but not	111611
later than the fifteenth day of the month following the end of	111612
each calendar quarter, the commissioner shall certify to the	111613
director the total amount remaining in the severance tax receipts	111614
fund organized according to the amount attributable to each	111615
natural resource.	111616

(I) Penalties imposed under this section are in addition to	111617
any other penalty imposed under this chapter and shall be	111618
considered as revenue arising from the tax levied under this	111619
chapter. The commissioner may collect any penalty or interest	111620
imposed under this section in the same manner as provided for the	111621
making of an assessment in section 5749.07 of the Revised Code.	111622
The commissioner may abate all or a portion of such interest or	111623
penalties and may adopt rules governing such abatements.	111624

Sec. 5749.07. (A) If any severer required by this chapter to	111625
make and file returns and pay the tax levied by section 5749.02 of	111626
the Revised Code~~, or any severer or owner liable for the amounts~~	111627
~~due under section 1509.50 of the Revised Code,~~ fails to make such	111628
return or pay such tax or amounts, the tax commissioner may make	111629
an assessment against the severer or owner based upon any	111630
information in the commissioner's possession.	111631

No assessment shall be made or issued against any severer for	111632
any tax imposed by section 5749.02 of the Revised Code ~~or against~~	111633
~~any severer or owner for any amount due under section 1509.50 of~~	111634
~~the Revised Code~~ more than four years after the return was due or	111635
was filed, whichever is later. This section does not bar an	111636
assessment against a severer or owner who fails to file a return	111637
as required by this chapter, or who files a fraudulent return.	111638

The commissioner shall give the party assessed written notice	111639
of such assessment in the manner provided in section 5703.37 of	111640
the Revised Code. With the notice, the commissioner shall provide	111641
instructions on how to petition for reassessment and request a	111642
hearing on the petition.	111643

(B) Unless the party assessed files with the commissioner	111644
within sixty days after service of the notice of assessment,	111645
either personally or by certified mail, a written petition for	111646
reassessment signed by the party assessed or that party's	111647
authorized agent having knowledge of the facts, the assessment	111648
becomes final and the amount of the assessment is due and payable	111649
from the party assessed to the treasurer of state. The petition	111650
shall indicate the objections of the party assessed, but	111651
additional objections may be raised in writing if received by the	111652
commissioner prior to the date shown on the final determination.	111653
If the petition has been properly filed, the commissioner shall	111654
proceed under section 5703.60 of the Revised Code.	111655

(C) After an assessment becomes final, if any portion of the	111656
assessment remains unpaid, including accrued interest, a certified	111657
copy of the commissioner's entry making the assessment final may	111658
be filed in the office of the clerk of the court of common pleas	111659
in the county in which the party assessed resides or in which the	111660
party's business is conducted. If the party assessed maintains no	111661
place of business in this state and is not a resident of this	111662
state, the certified copy of the entry may be filed in the office	111663
of the clerk of the court of common pleas of Franklin county.	111664

Immediately upon the filing of such entry, the clerk shall	111665
enter a judgment for the state against the party assessed in the	111666
amount shown on the entry. The judgment may be filed by the clerk	111667
in a loose-leaf book entitled "special judgments for state	111668
severance tax," and shall have the same effect as other judgments.	111669
Execution shall issue upon the judgment upon the request of the	111670
commissioner, and all laws applicable to sales on execution shall	111671
apply to sales made under the judgment.	111672

~~The portion of~~If the assessment is not paid in its entirety	111673
within sixty days after the day the assessment is issued, the	111674
portion of the assessment consisting of tax due shall bear	111675
interest at the rate per annum prescribed by section 5703.47 of	111676
the Revised Code from the day the commissioner issues the	111677
assessment until it is paid or until it is certified to the	111678
attorney general for collection under section 131.02 of the	111679
Revised Code, whichever comes first. If the unpaid portion of the	111680
assessment is certified to the attorney general for collection,	111681
the entire unpaid portion of the assessment shall bear interest at	111682
the rate per annum prescribed by section 5703.47 of the Revised	111683
Code from the date of certification until the date it is paid in	111684
its entirety. Interest shall be paid in the same manner as the tax	111685
and may be collected by the issuance of an assessment under this	111686
section.	111687

(D) All money collected by the commissioner under this	111688
section shall be paid to the treasurer of state, and when paid	111689
shall be considered as revenue arising from the tax imposed by	111690
section 5749.02 of the Revised Code ~~and the amount due under~~	111691
~~section 1509.50 of the Revised Code, as applicable~~.	111692

Sec. 5749.08. The tax commissioner shall refund to taxpayers	111693
the amount of taxes levied by section 5749.02 of the Revised Code	111694
~~and amounts due under section 1509.50 of the Revised Code~~ that	111695
were paid illegally or erroneously or paid on an illegal or	111696
erroneous assessment. Applications for refund shall be filed with	111697
the commissioner, on the form prescribed by the commissioner,	111698
within four years from the date of the illegal or erroneous	111699
payment. On the filing of the application, the commissioner shall	111700
determine the amount of refund to which the applicant is entitled,	111701
plus interest computed in accordance with section 5703.47 of the	111702
Revised Code from the date of the payment of an erroneous or	111703
illegal assessment until the date the refund is paid. If the	111704
amount is not less than that claimed, the commissioner shall	111705
certify the amount to the director of budget and management and	111706
treasurer of state for payment from the tax refund fund created by	111707
section 5703.052 of the Revised Code. If the amount is less than	111708
that claimed, the commissioner shall proceed in accordance with	111709
section 5703.70 of the Revised Code.	111710

Sec. 5749.10. If the tax commissioner finds that a taxpayer,	111711
liable for tax under this chapter ~~or for any amount due under~~	111712
~~section 1509.50 of the Revised Code~~ is about to depart from the	111713
state, or remove the taxpayer's property therefrom, or conceal the	111714
taxpayer's person or property, or do any other act tending to	111715
prejudice or to render wholly or partly ineffectual proceedings to	111716
collect such tax ~~or other amount due~~ unless such proceedings are	111717
brought without delay, or if the commissioner believes that the	111718
collection of the ~~tax or~~ amount due from any taxpayer will be	111719
jeopardized by delay, the commissioner shall give notice of such	111720
findings to such taxpayer together with the demand for an	111721
immediate return and immediate payment of such tax ~~or other amount~~	111722
~~due~~, with penalty as provided in section 5749.15 of the Revised	111723
Code, whereupon such tax ~~or other amount due~~ shall become	111724
immediately due and payable. In such cases the commissioner may	111725
immediately file an entry with the clerk of the court of common	111726
pleas in the same manner and with the same effect as provided in	111727
section 5749.07 of the Revised Code, provided that if such	111728
taxpayer, within five days from notice of the assessment,	111729
furnishes evidence satisfactory to the commissioner, under the	111730
regulations prescribed by the commissioner, that the taxpayer is	111731
not in default in making returns or paying any tax prescribed by	111732
this chapter ~~or amount due under section 1509.50 of the Revised~~	111733
~~Code~~, or that the taxpayer will duly return and pay, or post bond	111734
satisfactory to the commissioner conditioned upon payment of the	111735
tax ~~or other amount~~ finally determined to be due, then such tax or	111736
~~other amount due~~ shall not be payable prior to the time and manner	111737
otherwise fixed for payment under section 5749.07 of the Revised	111738
Code, and the person assessed shall be restored the rights granted	111739
under such section. Upon satisfaction of the assessment the	111740
commissioner shall order the bond cancelled, securities released,	111741
and judgment vacated.	111742

Any assessment issued under this section shall bear interest	111743
as prescribed under section 5749.07 of the Revised Code.	111744

Sec. 5749.12. Any nonresident of this state who accepts the	111745
privilege extended by the laws of this state to nonresidents	111746
severing natural resources in this state, and any resident of this	111747
state who subsequently becomes a nonresident or conceals the	111748
resident's whereabouts, makes the secretary of state of Ohio the	111749
person's agent for the service of process or notice in any	111750
assessment, action, or proceedings instituted in this state	111751
against such person under this chapter ~~or for purposes of amounts~~	111752
~~due under section 1509.50 of the Revised Code~~.	111753

Such process or notice shall be served as provided under	111754
section 5703.37 of the Revised Code.	111755

Sec. 5749.13. The tax commissioner may prescribe	111756
requirements as to the keeping of records and other pertinent	111757
documents and the filing of copies of federal income tax returns	111758
and determinations. The commissioner may require any person, by	111759
rule or by notice served on that person, to keep such records as	111760
the commissioner considers necessary to show whether that person	111761
is liable, and the extent of liability, for the tax imposed under	111762
this chapter ~~and the amount due under section 1509.50 of the~~	111763
~~Revised Code~~. Such records and other documents shall be open	111764
during business hours to the inspection of the commissioner, and	111765
shall be preserved for a period of four years after the date the	111766
return was required to be filed or actually was filed, whichever	111767
is later, unless the commissioner, in writing, consents to their	111768
destruction within that period, or by order requires that they be	111769
kept longer.	111770

Sec. 5749.14. The tax commissioner shall enforce and	111771
administer this chapter ~~and applicable provisions of section~~	111772
~~1509.50 of the Revised Code~~. In addition to any other powers	111773
conferred upon the commissioner by law, the commissioner may:	111774

(A) Prescribe all forms required to be filed pursuant to this	111775
chapter;	111776

(B) Promulgate such rules as the commissioner finds necessary	111777
to carry out this chapter ~~and applicable provisions of section~~	111778
~~1509.50 of the Revised Code~~;	111779

(C) Appoint and employ such personnel as may be necessary to	111780
carry out the duties imposed upon the commissioner by this	111781
chapter.	111782

Sec. 5749.15. Any person who fails to file a return or pay	111783
the tax as required ~~under this chapter or other amount due under~~	111784
~~section 1509.50 of the Revised Code~~ who is assessed such taxes or	111785
~~other amount due~~ pursuant to section 5749.07 or 5749.10 of the	111786
Revised Code may be liable for a penalty of up to twenty-five per	111787
cent of the amount assessed. The tax commissioner may adopt rules	111788
relating to the imposition and remission of penalties imposed	111789
under this section.	111790

Sec. 5749.17. ~~Any~~Except for purposes of enforcing Chapter	111791
1509. of the Revised Code, any information provided to the	111792
department of natural resources by the department of taxation in	111793
accordance with division (C)(12) of section 5703.21 of the Revised	111794
Code shall not be disclosed publicly by the department of natural	111795
resources~~, but~~. However the department of natural resources may	111796
provide such information to the attorney general for purposes of	111797
enforcement of ~~the law~~Chapter 1509. of the Revised Code.	111798

Sec. 5751.014. All members of a consolidated elected	111799
taxpayer or combined taxpayer group during the tax period or	111800
periods for which additional tax, penalty, or interest is owed are	111801
jointly and severally liable for such amounts. Although the	111802
reporting person will be assessed for the liability, such amounts	111803
due may be collected by assessment against any member of the group	111804
as provided in section 5703.90 of the Revised Code or pursued	111805
against any member of the group when a liability is certified to	111806
the attorney general under section 131.02 of the Revised Code.	111807

Sec. 5751.07. (A) Any person required to file returns ~~for a~~	111808
~~calendar quarter~~under this chapter shall remit each tax payment,	111809
and, if required by the tax commissioner, file the tax return or	111810
the annual report, electronically. The commissioner may require	111811
taxpayers to use the Ohio business gateway as defined in section	111812
718.051 of the Revised Code to file returns and remit the tax, or	111813
may provide another means for taxpayers to file and remit the tax	111814
electronically.	111815

(B) A person required by this section to remit taxes or file	111816
returns electronically may apply to the tax commissioner, on the	111817
form prescribed by the commissioner, to be excused from that	111818
requirement. The commissioner may excuse a person from the	111819
requirements of this division for good cause.	111820

(C)(1) If a person required to remit taxes or file a return	111821
electronically under this section fails to do so, the commissioner	111822
may impose a penalty not to exceed the following:	111823

(a) For either of the first two ~~calendar quarters~~tax periods	111824
the person so fails, the greater of twenty-five dollars or five	111825
per cent of the amount of the payment that was required to be	111826
remitted;	111827

(b) For the third and any subsequent ~~calendar quarters~~tax	111828
periods the person so fails, the greater of fifty dollars or ten	111829
per cent of the amount of the payment that was required to be	111830
remitted.	111831

(2) The penalty imposed under division (C)(1) of this section	111832
is in addition to any other penalty imposed under this chapter and	111833
shall be considered as revenue arising from the tax imposed under	111834
this chapter. A penalty may be collected by assessment in the	111835
manner prescribed by section 5751.09 of the Revised Code. The tax	111836
commissioner may abate all or a portion of such a penalty.	111837

(D) The tax commissioner may adopt rules necessary to	111838
administer this section.	111839

Sec. 5751.081. As used in this section, "debt to this state"	111840
means unpaid taxes due the state, unpaid workers' compensation	111841
premiums due under section 4123.35 of the Revised Code, unpaid	111842
unemployment compensation contributions due under section 4141.25	111843
of the Revised Code, unpaid unemployment compensation payment in	111844
lieu of contribution under section 4141.241 of the Revised Code,	111845
unpaid fee payable to the state or to the clerk of courts pursuant	111846
to section 4505.06 of the Revised Code, incorrect ~~medical~~	111847
~~assistance~~ payments for medicaid services under ~~section 5111.02 of~~	111848
~~the Revised Code~~the medicaid program, or any unpaid charge,	111849
penalty, or interest arising from any of the foregoing.	111850

If a taxpayer entitled to a refund under section 5751.08 of	111851
the Revised Code owes any debt to this state, the amount	111852
refundable may be applied in satisfaction of the debt. If the	111853
amount refundable is less than the amount of the debt, it may be	111854
applied in partial satisfaction of the debt. If the amount	111855
refundable is greater than the amount of the debt, the amount	111856
remaining after satisfaction of the debt shall be refunded. This	111857
section applies only to debts that have become final. For the	111858
purposes of this section, a debt becomes final when, under the	111859
applicable law, any time provided for petition for reassessment,	111860
request for reconsideration, or other appeal of the legality or	111861
validity of the amount giving rise to the debt expires without an	111862
appeal having been filed in the manner provided by law.	111863

Sec. 5751.09. (A) The tax commissioner may make an	111864
assessment, based on any information in the commissioner's	111865
possession, against any person that fails to file a return or pay	111866
any tax as required by this chapter. The commissioner shall give	111867
the person assessed written notice of the assessment as provided	111868
in section 5703.37 of the Revised Code. With the notice, the	111869
commissioner shall provide instructions on the manner in which to	111870
petition for reassessment and request a hearing with respect to	111871
the petition. The commissioner shall send any assessments against	111872
consolidated elected taxpayer and combined taxpayer groups under	111873
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's	111874
"reporting person" as defined under division (R) of section	111875
5751.01 of the Revised Code. The reporting person shall notify all	111876
members of the group of the assessment and all outstanding taxes,	111877
interest, and penalties for which the assessment is issued.	111878

(B) Unless the person assessed, within sixty days after	111879
service of the notice of assessment, files with the tax	111880
commissioner, either personally or by certified mail, a written	111881
petition signed by the person or the person's authorized agent	111882
having knowledge of the facts, the assessment becomes final, and	111883
the amount of the assessment is due and payable from the person	111884
assessed to the treasurer of state. The petition shall indicate	111885
the objections of the person assessed, but additional objections	111886
may be raised in writing if received by the commissioner prior to	111887
the date shown on the final determination.	111888

If a petition for reassessment has been properly filed, the	111889
commissioner shall proceed under section 5703.60 of the Revised	111890
Code.	111891

(C)(1) After an assessment becomes final, if any portion of	111892
the assessment, including accrued interest, remains unpaid, a	111893
certified copy of the tax commissioner's entry making the	111894
assessment final may be filed in the office of the clerk of the	111895
court of common pleas in the county in which the person resides or	111896
has its principal place of business in this state, or in the	111897
office of the clerk of court of common pleas of Franklin county.	111898

(2) Immediately upon the filing of the entry, the clerk shall	111899
enter judgment for the state against the person assessed in the	111900
amount shown on the entry. The judgment may be filed by the clerk	111901
in a loose-leaf book entitled, "special judgments for the	111902
commercial activity tax" and shall have the same effect as other	111903
judgments. Execution shall issue upon the judgment at the request	111904
of the tax commissioner, and all laws applicable to sales on	111905
execution shall apply to sales made under the judgment.	111906

(3) ~~The portion of~~If the assessment is not paid in its	111907
entirety within sixty days after the day the assessment was	111908
issued, the portion of the assessment consisting of tax due shall	111909
bear interest at the rate per annum prescribed by section 5703.47	111910
of the Revised Code from the day the tax commissioner issues the	111911
assessment until it is paid or until it is certified to the	111912
attorney general for collection under section 131.02 of the	111913
Revised Code, whichever comes first. If the unpaid portion of the	111914
assessment is certified to the attorney general for collection,	111915
the entire unpaid portion of the assessment shall bear interest at	111916
the rate per annum prescribed by section 5703.47 of the Revised	111917
Code from the date of certification until the date it is paid in	111918
its entirety. Interest shall be paid in the same manner as the tax	111919
and may be collected by the issuance of an assessment under this	111920
section.	111921

(D) If the tax commissioner believes that collection of the	111922
tax will be jeopardized unless proceedings to collect or secure	111923
collection of the tax are instituted without delay, the	111924
commissioner may issue a jeopardy assessment against the person	111925
liable for the tax. Immediately upon the issuance of the jeopardy	111926
assessment, the commissioner shall file an entry with the clerk of	111927
the court of common pleas in the manner prescribed by division (C)	111928
of this section. Notice of the jeopardy assessment shall be served	111929
on the person assessed or the person's authorized agent in the	111930
manner provided in section 5703.37 of the Revised Code within five	111931
days of the filing of the entry with the clerk. The total amount	111932
assessed is immediately due and payable, unless the person	111933
assessed files a petition for reassessment in accordance with	111934
division (B) of this section and provides security in a form	111935
satisfactory to the commissioner and in an amount sufficient to	111936
satisfy the unpaid balance of the assessment. Full or partial	111937
payment of the assessment does not prejudice the commissioner's	111938
consideration of the petition for reassessment.	111939

(E) The tax commissioner shall immediately forward to the	111940
treasurer of state all amounts the commissioner receives under	111941
this section, and such amounts shall be considered as revenue	111942
arising from the tax imposed under this chapter.	111943

(F) Except as otherwise provided in this division, no	111944
assessment shall be made or issued against a taxpayer for the tax	111945
imposed under this chapter more than four years after the due date	111946
for the filing of the return for the tax period for which the tax	111947
was reported, or more than four years after the return for the tax	111948
period was filed, whichever is later. The time limit may be	111949
extended if both the taxpayer and the commissioner consent in	111950
writing to the extension or enter into an agreement waiving or	111951
extending the time limit. Any such extension shall extend the	111952
four-year time limit in division (B) of section 5751.08 of the	111953
Revised Code for the same period of time. Nothing in this division	111954
bars an assessment against a taxpayer that fails to file a return	111955
required by this chapter or that files a fraudulent return.	111956

(G) If the tax commissioner possesses information that	111957
indicates that the amount of tax a taxpayer is required to pay	111958
under this chapter exceeds the amount the taxpayer paid, the tax	111959
commissioner may audit a sample of the taxpayer's gross receipts	111960
over a representative period of time to ascertain the amount of	111961
tax due, and may issue an assessment based on the audit. The tax	111962
commissioner shall make a good faith effort to reach agreement	111963
with the taxpayer in selecting a representative sample. The tax	111964
commissioner may apply a sampling method only if the commissioner	111965
has prescribed the method by rule.	111966

(H) If the whereabouts of a person subject to this chapter is	111967
not known to the tax commissioner, the commissioner shall follow	111968
the procedures under section 5703.37 of the Revised Code.	111969

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	111970
the Revised Code:	111971

(1) "School district," "joint vocational school district,"	111972
"local taxing unit," "recognized valuation," "fixed-rate levy,"	111973
and "fixed-sum levy" have the same meanings as used in section	111974
5727.84 of the Revised Code.	111975

(2) "State education aid" for a school district means the	111976
following:	111977

(a) For fiscal years prior to fiscal year 2010, the sum of	111978
state aid amounts computed for the district under the following	111979
provisions, as they existed for the applicable fiscal year:	111980
division (A) of section 3317.022 of the Revised Code, including	111981
the amounts calculated under ~~sections~~former section 3317.029 and	111982
section 3317.0217 of the Revised Code; divisions (C)(1), (C)(4),	111983
(D), (E), and (F) of section 3317.022; divisions (B), (C), and (D)	111984
of section 3317.023; divisions (L) and (N) of section 3317.024;	111985
section 3317.0216; and any unit payments for gifted student	111986
services paid under ~~sections~~section 3317.05,and former sections	111987
3317.052, and 3317.053 of the Revised Code; except that, for	111988
fiscal years 2008 and 2009, the amount computed for the district	111989
under Section 269.20.80 of H.B. 119 of the 127th general assembly	111990
and as that section subsequently may be amended shall be	111991
substituted for the amount computed under division (D) of section	111992
3317.022 of the Revised Code, and the amount computed under	111993
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	111994
that section subsequently may be amended shall be included.	111995

(b) For fiscal years 2010 and 2011, the sum of the amounts	111996
computed under former sections 3306.052, 3306.12, 3306.13,	111997
3306.19, 3306.191, and 3306.192 of the Revised Code;	111998

(c) For fiscal years 2012 and 2013, the sum of the amounts	111999
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	112000
153 of the 129th general assembly;	112001

(d) For fiscal year 2014 and each fiscal year thereafter, the	112002
sum of state amounts computed for the district under section	112003
3317.022 of the Revised Code; except that, for fiscal years 2014	112004
and 2015, the amount computed for the district under the section	112005
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND	112006
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.	112007

(3) "State education aid" for a joint vocational school	112008
district means the following:	112009

(a) For fiscal years prior to fiscal year 2010, the sum of	112010
the state aid computed for the district under division (N) of	112011
section 3317.024 and former section 3317.16 of the Revised Code,	112012
except that, for fiscal years 2008 and 2009, the amount computed	112013
under Section 269.30.80 of H.B. 119 of the 127th general assembly	112014
and as that section subsequently may be amended shall be included.	112015

(b) For fiscal years 2010 and 2011, the amount paid in	112016
accordance with Section 265.30.50 of H.B. 1 of the 128th general	112017
assembly.	112018

(c) For fiscal years 2012 and 2013, the amount paid in	112019
accordance with Section 267.30.60 of H.B. 153 of the 129th general	112020
assembly.	112021

(d) For fiscal year 2014 and each fiscal year thereafter, the	112022
amount computed for the district under sections 3317.16 and	112023
3317.161 of the Revised Code; except that, for fiscal years 2014	112024
and 2015, the amount computed for the district under the section	112025
of this act entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	112026
DISTRICTS" shall be included.	112027

(4) "State education aid offset" means the amount determined	112028
for each school district or joint vocational school district under	112029
division (A)(1) of section 5751.21 of the Revised Code.	112030

(5) "Machinery and equipment property tax value loss" means	112031
the amount determined under division (C)(1) of this section.	112032

(6) "Inventory property tax value loss" means the amount	112033
determined under division (C)(2) of this section.	112034

(7) "Furniture and fixtures property tax value loss" means	112035
the amount determined under division (C)(3) of this section.	112036

(8) "Machinery and equipment fixed-rate levy loss" means the	112037
amount determined under division (D)(1) of this section.	112038

(9) "Inventory fixed-rate levy loss" means the amount	112039
determined under division (D)(2) of this section.	112040

(10) "Furniture and fixtures fixed-rate levy loss" means the	112041
amount determined under division (D)(3) of this section.	112042

(11) "Total fixed-rate levy loss" means the sum of the	112043
machinery and equipment fixed-rate levy loss, the inventory	112044
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	112045
loss, and the telephone company fixed-rate levy loss.	112046

(12) "Fixed-sum levy loss" means the amount determined under	112047
division (E) of this section.	112048

(13) "Machinery and equipment" means personal property	112049
subject to the assessment rate specified in division (F) of	112050
section 5711.22 of the Revised Code.	112051

(14) "Inventory" means personal property subject to the	112052
assessment rate specified in division (E) of section 5711.22 of	112053
the Revised Code.	112054

(15) "Furniture and fixtures" means personal property subject	112055
to the assessment rate specified in division (G) of section	112056
5711.22 of the Revised Code.	112057

(16) "Qualifying levies" are levies in effect for tax year	112058
2004 or applicable to tax year 2005 or approved at an election	112059
conducted before September 1, 2005. For the purpose of determining	112060
the rate of a qualifying levy authorized by section 5705.212 or	112061
5705.213 of the Revised Code, the rate shall be the rate that	112062
would be in effect for tax year 2010.	112063

(17) "Telephone property" means tangible personal property of	112064
a telephone, telegraph, or interexchange telecommunications	112065
company subject to an assessment rate specified in section	112066
5727.111 of the Revised Code in tax year 2004.	112067

(18) "Telephone property tax value loss" means the amount	112068
determined under division (C)(4) of this section.	112069

(19) "Telephone property fixed-rate levy loss" means the	112070
amount determined under division (D)(4) of this section.	112071

(20) "Taxes charged and payable" means taxes charged and	112072
payable after the reduction required by section 319.301 of the	112073
Revised Code but before the reductions required by sections	112074
319.302 and 323.152 of the Revised Code.	112075

(21) "Median estate tax collections" means, in the case of a	112076
municipal corporation to which revenue from the taxes levied in	112077
Chapter 5731. of the Revised Code was distributed in each of	112078
calendar years 2006, 2007, 2008, and 2009, the median of those	112079
distributions. In the case of a municipal corporation to which no	112080
distributions were made in one or more of those years, "median	112081
estate tax collections" means zero.	112082

(22) "Total resources," in the case of a school district,	112083
means the sum of the amounts in divisions (A)(22)(a) to (h) of	112084
this section less any reduction required under division (A)(32) or	112085
(33) of this section.	112086

(a) The state education aid for fiscal year 2010;

112087

(b) The sum of the payments received by the school district	112088
in fiscal year 2010 for current expense levy losses pursuant to	112089
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	112090
section 5751.21 of the Revised Code, excluding the portion of such	112091
payments attributable to levies for joint vocational school	112092
district purposes;	112093

(c) The sum of fixed-sum levy loss payments received by the	112094
school district in fiscal year 2010 pursuant to division (E)(1) of	112095
section 5727.85 and division (E)(1) of section 5751.21 of the	112096
Revised Code for fixed-sum levies charged and payable for a	112097
purpose other than paying debt charges;	112098

(d) Fifty per cent of the school district's taxes charged and	112099
payable against all property on the tax list of real and public	112100
utility property for current expense purposes for tax year 2008,	112101
including taxes charged and payable from emergency levies charged	112102
and payable under section 5709.194 of the Revised Code and	112103
excluding taxes levied for joint vocational school district	112104
purposes;	112105

(e) Fifty per cent of the school district's taxes charged and	112106
payable against all property on the tax list of real and public	112107
utility property for current expenses for tax year 2009, including	112108
taxes charged and payable from emergency levies and excluding	112109
taxes levied for joint vocational school district purposes;	112110

(f) The school district's taxes charged and payable against	112111
all property on the general tax list of personal property for	112112
current expenses for tax year 2009, including taxes charged and	112113
payable from emergency levies;	112114

(g) The amount certified for fiscal year 2010 under division	112115
(A)(2) of section 3317.08 of the Revised Code;	112116

(h) Distributions received during calendar year 2009 from	112117
taxes levied under section 718.09 of the Revised Code.	112118

(23) "Total resources," in the case of a joint vocational	112119
school district, means the sum of amounts in divisions (A)(23)(a)	112120
to (g) of this section less any reduction required under division	112121
(A)(32) of this section.	112122

(a) The state education aid for fiscal year 2010;

112123

(b) The sum of the payments received by the joint vocational	112124
school district in fiscal year 2010 for current expense levy	112125
losses pursuant to division (C)(2) of section 5727.85 and	112126
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	112127

(c) Fifty per cent of the joint vocational school district's	112128
taxes charged and payable against all property on the tax list of	112129
real and public utility property for current expense purposes for	112130
tax year 2008;	112131

(d) Fifty per cent of the joint vocational school district's	112132
taxes charged and payable against all property on the tax list of	112133
real and public utility property for current expenses for tax year	112134
2009;	112135

(e) Fifty per cent of a city, local, or exempted village	112136
school district's taxes charged and payable against all property	112137
on the tax list of real and public utility property for current	112138
expenses of the joint vocational school district for tax year	112139
2008;	112140

(f) Fifty per cent of a city, local, or exempted village	112141
school district's taxes charged and payable against all property	112142
on the tax list of real and public utility property for current	112143
expenses of the joint vocational school district for tax year	112144
2009;	112145

(g) The joint vocational school district's taxes charged and	112146
payable against all property on the general tax list of personal	112147
property for current expenses for tax year 2009.	112148

(24) "Total resources," in the case of county mental health	112149
and disability related functions, means the sum of the amounts in	112150
divisions (A)(24)(a) and (b) of this section less any reduction	112151
required under division (A)(32) of this section.	112152

(a) The sum of the payments received by the county for mental	112153
health and developmental disability related functions in calendar	112154
year 2010 under division (A)(1) of section 5727.86 and divisions	112155
(A)(1) and (2) of section 5751.22 of the Revised Code as they	112156
existed at that time;	112157

(b) With respect to taxes levied by the county for mental	112158
health and developmental disability related purposes, the taxes	112159
charged and payable for such purposes against all property on the	112160
tax list of real and public utility property for tax year 2009.	112161

(25) "Total resources," in the case of county senior services	112162
related functions, means the sum of the amounts in divisions	112163
(A)(25)(a) and (b) of this section less any reduction required	112164
under division (A)(32) of this section.	112165

(a) The sum of the payments received by the county for senior	112166
services related functions in calendar year 2010 under division	112167
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	112168
5751.22 of the Revised Code as they existed at that time;	112169

(b) With respect to taxes levied by the county for senior	112170
services related purposes, the taxes charged and payable for such	112171
purposes against all property on the tax list of real and public	112172
utility property for tax year 2009.	112173

(26) "Total resources," in the case of county children's	112174
services related functions, means the sum of the amounts in	112175
divisions (A)(26)(a) and (b) of this section less any reduction	112176
required under division (A)(32) of this section.	112177

(a) The sum of the payments received by the county for	112178
children's services related functions in calendar year 2010 under	112179
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	112180
section 5751.22 of the Revised Code as they existed at that time;	112181

(b) With respect to taxes levied by the county for children's	112182
services related purposes, the taxes charged and payable for such	112183
purposes against all property on the tax list of real and public	112184
utility property for tax year 2009.	112185

(27) "Total resources," in the case of county public health	112186
related functions, means the sum of the amounts in divisions	112187
(A)(27)(a) and (b) of this section less any reduction required	112188
under division (A)(32) of this section.	112189

(a) The sum of the payments received by the county for public	112190
health related functions in calendar year 2010 under division	112191
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	112192
5751.22 of the Revised Code as they existed at that time;	112193

(b) With respect to taxes levied by the county for public	112194
health related purposes, the taxes charged and payable for such	112195
purposes against all property on the tax list of real and public	112196
utility property for tax year 2009.	112197

(28) "Total resources," in the case of all county functions	112198
not included in divisions (A)(24) to (27) of this section, means	112199
the sum of the amounts in divisions (A)(28)(a) to (d) of this	112200
section less any reduction required under division (A)(32) or (33)	112201
of this section.	112202

(a) The sum of the payments received by the county for all	112203
other purposes in calendar year 2010 under division (A)(1) of	112204
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	112205
the Revised Code as they existed at that time;	112206

(b) The county's percentage share of county undivided local	112207
government fund allocations as certified to the tax commissioner	112208
for calendar year 2010 by the county auditor under division (J) of	112209
section 5747.51 of the Revised Code or division (F) of section	112210
5747.53 of the Revised Code multiplied by the total amount	112211
actually distributed in calendar year 2010 from the county	112212
undivided local government fund;	112213

(c) With respect to taxes levied by the county for all other	112214
purposes, the taxes charged and payable for such purposes against	112215
all property on the tax list of real and public utility property	112216
for tax year 2009, excluding taxes charged and payable for the	112217
purpose of paying debt charges;	112218

(d) The sum of the amounts distributed to the county in	112219
calendar year 2010 for the taxes levied pursuant to sections	112220
5739.021 and 5741.021 of the Revised Code.	112221

(29) "Total resources," in the case of a municipal	112222
corporation, means the sum of the amounts in divisions (A)(29)(a)	112223
to (g) of this section less any reduction required under division	112224
(A)(32) or (33) of this section.	112225

(a) The sum of the payments received by the municipal	112226
corporation in calendar year 2010 for current expense levy losses	112227
under division (A)(1) of section 5727.86 and divisions (A)(1) and	112228
(2) of section 5751.22 of the Revised Code as they existed at that	112229
time;	112230

(b) The municipal corporation's percentage share of county	112231
undivided local government fund allocations as certified to the	112232
tax commissioner for calendar year 2010 by the county auditor	112233
under division (J) of section 5747.51 of the Revised Code or	112234
division (F) of section 5747.53 of the Revised Code multiplied by	112235
the total amount actually distributed in calendar year 2010 from	112236
the county undivided local government fund;	112237

(c) The sum of the amounts distributed to the municipal	112238
corporation in calendar year 2010 pursuant to section 5747.50 of	112239
the Revised Code;	112240

(d) With respect to taxes levied by the municipal	112241
corporation, the taxes charged and payable against all property on	112242
the tax list of real and public utility property for current	112243
expenses, defined in division (A)(35) of this section, for tax	112244
year 2009;	112245

(e) The amount of admissions tax collected by the municipal	112246
corporation in calendar year 2008, or if such information has not	112247
yet been reported to the tax commissioner, in the most recent year	112248
before 2008 for which the municipal corporation has reported data	112249
to the commissioner;	112250

(f) The amount of income taxes collected by the municipal	112251
corporation in calendar year 2008, or if such information has not	112252
yet been reported to the tax commissioner, in the most recent year	112253
before 2008 for which the municipal corporation has reported data	112254
to the commissioner;	112255

(g) The municipal corporation's median estate tax	112256
collections.	112257

(30) "Total resources," in the case of a township, means the	112258
sum of the amounts in divisions (A)(30)(a) to (c) of this section	112259
less any reduction required under division (A)(32) or (33) of this	112260
section.	112261

(a) The sum of the payments received by the township in	112262
calendar year 2010 pursuant to division (A)(1) of section 5727.86	112263
of the Revised Code and divisions (A)(1) and (2) of section	112264
5751.22 of the Revised Code as they existed at that time,	112265
excluding payments received for debt purposes;	112266

(b) The township's percentage share of county undivided local	112267
government fund allocations as certified to the tax commissioner	112268
for calendar year 2010 by the county auditor under division (J) of	112269
section 5747.51 of the Revised Code or division (F) of section	112270
5747.53 of the Revised Code multiplied by the total amount	112271
actually distributed in calendar year 2010 from the county	112272
undivided local government fund;	112273

(c) With respect to taxes levied by the township, the taxes	112274
charged and payable against all property on the tax list of real	112275
and public utility property for tax year 2009 excluding taxes	112276
charged and payable for the purpose of paying debt charges.	112277

(31) "Total resources," in the case of a local taxing unit	112278
that is not a county, municipal corporation, or township, means	112279
the sum of the amounts in divisions (A)(31)(a) to (e) of this	112280
section less any reduction required under division (A)(32) of this	112281
section.	112282

(a) The sum of the payments received by the local taxing unit	112283
in calendar year 2010 pursuant to division (A)(1) of section	112284
5727.86 of the Revised Code and divisions (A)(1) and (2) of	112285
section 5751.22 of the Revised Code as they existed at that time;	112286

(b) The local taxing unit's percentage share of county	112287
undivided local government fund allocations as certified to the	112288
tax commissioner for calendar year 2010 by the county auditor	112289
under division (J) of section 5747.51 of the Revised Code or	112290
division (F) of section 5747.53 of the Revised Code multiplied by	112291
the total amount actually distributed in calendar year 2010 from	112292
the county undivided local government fund;	112293

(c) With respect to taxes levied by the local taxing unit,	112294
the taxes charged and payable against all property on the tax list	112295
of real and public utility property for tax year 2009 excluding	112296
taxes charged and payable for the purpose of paying debt charges;	112297

(d) The amount received from the tax commissioner during	112298
calendar year 2010 for sales or use taxes authorized under	112299
sections 5739.023 and 5741.022 of the Revised Code;	112300

(e) For institutions of higher education receiving tax	112301
revenue from a local levy, as identified in section 3358.02 of the	112302
Revised Code, the final state share of instruction allocation for	112303
fiscal year 2010 as calculated by the board of regents and	112304
reported to the state controlling board.	112305

(32) If a fixed-rate levy that is a qualifying levy is not	112306
charged and payable in any year after tax year 2010, "total	112307
resources" used to compute payments to be made under division	112308
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	112309
5751.22 of the Revised Code in the tax years following the last	112310
year the levy is charged and payable shall be reduced to the	112311
extent that the payments are attributable to the fixed-rate levy	112312
loss of that levy as would be computed under division (C)(2) of	112313
section 5727.85, division (A)(1) of section 5727.85, divisions	112314
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	112315
5751.22 of the Revised Code.	112316

(33) In the case of a county, municipal corporation, school	112317
district, or township with fixed-rate levy losses attributable to	112318
a tax levied under section 5705.23 of the Revised Code, "total	112319
resources" used to compute payments to be made under division	112320
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	112321
division (C)(12) of section 5751.21, or division (A)(1)(c) of	112322
section 5751.22 of the Revised Code shall be reduced by the	112323
amounts described in divisions (A)(34)(a) to (c) of this section	112324
to the extent that those amounts were included in calculating the	112325
"total resources" of the school district or local taxing unit	112326
under division (A)(22), (28), (29), or (30) of this section.	112327

(34) "Total library resources," in the case of a county,	112328
municipal corporation, school district, or township public library	112329
that receives the proceeds of a tax levied under section 5705.23	112330
of the Revised Code, means the sum of the amounts in divisions	112331
(A)(34)(a) to (c) of this section less any reduction required	112332
under division (A)(32) of this section.	112333

(a) The sum of the payments received by the county, municipal	112334
corporation, school district, or township public library in	112335
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	112336
Revised Code, as they existed at that time, for fixed-rate levy	112337
losses attributable to a tax levied under section 5705.23 of the	112338
Revised Code for the benefit of the public library;	112339

(b) The public library's percentage share of county undivided	112340
local government fund allocations as certified to the tax	112341
commissioner for calendar year 2010 by the county auditor under	112342
division (J) of section 5747.51 of the Revised Code or division	112343
(F) of section 5747.53 of the Revised Code multiplied by the total	112344
amount actually distributed in calendar year 2010 from the county	112345
undivided local government fund;	112346

(c) With respect to a tax levied pursuant to section 5705.23	112347
of the Revised Code for the benefit of the public library, the	112348
amount of such tax that is charged and payable against all	112349
property on the tax list of real and public utility property for	112350
tax year 2009 excluding any tax that is charged and payable for	112351
the purpose of paying debt charges.	112352

(35) "Municipal current expense property tax levies" means	112353
all property tax levies of a municipality, except those with the	112354
following levy names: airport resurfacing; bond or any levy name	112355
including the word "bond"; capital improvement or any levy name	112356
including the word "capital"; debt or any levy name including the	112357
word "debt"; equipment or any levy name including the word	112358
"equipment," unless the levy is for combined operating and	112359
equipment; employee termination fund; fire pension or any levy	112360
containing the word "pension," including police pensions;	112361
fireman's fund or any practically similar name; sinking fund; road	112362
improvements or any levy containing the word "road"; fire truck or	112363
apparatus; flood or any levy containing the word "flood";	112364
conservancy district; county health; note retirement; sewage, or	112365
any levy containing the words "sewage" or "sewer"; park	112366
improvement; parkland acquisition; storm drain; street or any levy	112367
name containing the word "street"; lighting, or any levy name	112368
containing the word "lighting"; and water.	112369

(36) "Current expense TPP allocation" means, in the case of a	112370
school district or joint vocational school district, the sum of	112371
the payments received by the school district in fiscal year 2011	112372
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	112373
Revised Code to the extent paid for current expense levies. In the	112374
case of a municipal corporation, "current expense TPP allocation"	112375
means the sum of the payments received by the municipal	112376
corporation in calendar year 2010 pursuant to divisions (A)(1) and	112377
(2) of section 5751.22 of the Revised Code to the extent paid for	112378
municipal current expense property tax levies as defined in	112379
division (A)(35) of this section, excluding any such payments	112380
received for current expense levy losses attributable to a tax	112381
levied under section 5705.23 of the Revised Code. If a fixed-rate	112382
levy that is a qualifying levy is not charged and payable in any	112383
year after tax year 2010, "current expense TPP allocation" used to	112384
compute payments to be made under division (C)(12) of section	112385
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	112386
Revised Code in the tax years following the last year the levy is	112387
charged and payable shall be reduced to the extent that the	112388
payments are attributable to the fixed-rate levy loss of that levy	112389
as would be computed under divisions (C)(10) and (11) of section	112390
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	112391

(37) "TPP allocation" means the sum of payments received by a	112392
local taxing unit in calendar year 2010 pursuant to divisions	112393
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	112394
any such payments received for fixed-rate levy losses attributable	112395
to a tax levied under section 5705.23 of the Revised Code. If a	112396
fixed-rate levy that is a qualifying levy is not charged and	112397
payable in any year after tax year 2010, "TPP allocation" used to	112398
compute payments to be made under division (A)(1)(b) or (c) of	112399
section 5751.22 of the Revised Code in the tax years following the	112400
last year the levy is charged and payable shall be reduced to the	112401
extent that the payments are attributable to the fixed-rate levy	112402
loss of that levy as would be computed under division (A)(1) of	112403
that section.	112404

(38) "Total TPP allocation" means, in the case of a school	112405
district or joint vocational school district, the sum of the	112406
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	112407
and (11) and (D) of section 5751.21 of the Revised Code. In the	112408
case of a local taxing unit, "total TPP allocation" means the sum	112409
of payments received by the unit in calendar year 2010 pursuant to	112410
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	112411
Code. If a fixed-rate levy that is a qualifying levy is not	112412
charged and payable in any year after tax year 2010, "total TPP	112413
allocation" used to compute payments to be made under division	112414
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	112415
5751.22 of the Revised Code in the tax years following the last	112416
year the levy is charged and payable shall be reduced to the	112417
extent that the payments are attributable to the fixed-rate levy	112418
loss of that levy as would be computed under divisions (C)(10) and	112419
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	112420
the Revised Code.	112421

(39) "Non-current expense TPP allocation" means the	112422
difference of total TPP allocation minus the sum of current	112423
expense TPP allocation and the portion of total TPP allocation	112424
constituting reimbursement for debt levies, pursuant to division	112425
(D) of section 5751.21 of the Revised Code in the case of a school	112426
district or joint vocational school district and pursuant to	112427
division (A)(3) of section 5751.22 of the Revised Code in the case	112428
of a municipal corporation.	112429

(40) "TPP allocation for library purposes" means the sum of	112430
payments received by a county, municipal corporation, school	112431
district, or township public library in calendar year 2010	112432
pursuant to section 5751.22 of the Revised Code for fixed-rate	112433
levy losses attributable to a tax levied under section 5705.23 of	112434
the Revised Code. If a fixed-rate levy authorized under section	112435
5705.23 of the Revised Code that is a qualifying levy is not	112436
charged and payable in any year after tax year 2010, "TPP	112437
allocation for library purposes" used to compute payments to be	112438
made under division (A)(1)(d) of section 5751.22 of the Revised	112439
Code in the tax years following the last year the levy is charged	112440
and payable shall be reduced to the extent that the payments are	112441
attributable to the fixed-rate levy loss of that levy as would be	112442
computed under division (A)(1) of section 5751.22 of the Revised	112443
Code.	112444

(41) "Threshold per cent" means, in the case of a school	112445
district or joint vocational school district, two per cent for	112446
fiscal year 2012 and four per cent for fiscal years 2013 and	112447
thereafter. In the case of a local taxing unit or public library	112448
that receives the proceeds of a tax levied under section 5705.23	112449
of the Revised Code, "threshold per cent" means two per cent for	112450
tax year 2011, four per cent for tax year 2012, and six per cent	112451
for tax years 2013 and thereafter.	112452

(B) The commercial activities tax receipts fund is hereby	112453
created in the state treasury and shall consist of money arising	112454
from the tax imposed under this chapter. Eighty-five	112455
one-hundredths of one per cent of the money credited to that fund	112456
shall be credited to the revenue enhancement fund and shall be	112457
used to defray the costs incurred by the department of taxation in	112458
administering the tax imposed by this chapter and in implementing	112459
tax reform measures. The remainder in the commercial activities	112460
tax receipts fund shall be credited for each fiscal year in the	112461
following percentages to the general revenue fund, to the school	112462
district tangible property tax replacement fund, which is hereby	112463
created in the state treasury for the purpose of making the	112464
payments described in section 5751.21 of the Revised Code, and to	112465
the local government tangible property tax replacement fund, which	112466
is hereby created in the state treasury for the purpose of making	112467
the payments described in section 5751.22 of the Revised Code, in	112468
the following percentages:	112469

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	112470
2006	67.7%	22.6%	9.7%	112471
2007	0%	70.0%	30.0%	112472
2008	0%	70.0%	30.0%	112473
2009	0%	70.0%	30.0%	112474
2010	0%	70.0%	30.0%	112475
2011	0%	70.0%	30.0%	112476
2012	25.0%	52.5%	22.5%	112477
2013 and thereafter	50.0%	35.0%	15.0%	112478

(C) Not later than September 15, 2005, the tax commissioner	112479
shall determine for each school district, joint vocational school	112480
district, and local taxing unit its machinery and equipment,	112481
inventory property, furniture and fixtures property, and telephone	112482
property tax value losses, which are the applicable amounts	112483
described in divisions (C)(1), (2), (3), and (4) of this section,	112484
except as provided in division (C)(5) of this section:	112485

(1) Machinery and equipment property tax value loss is the	112486
taxable value of machinery and equipment property as reported by	112487
taxpayers for tax year 2004 multiplied by:	112488

(a) For tax year 2006, thirty-three and eight-tenths per	112489
cent;	112490

(b) For tax year 2007, sixty-one and three-tenths per cent;

112491

112492

(d) For tax year 2009 and thereafter, one hundred per cent.

112493

(2) Inventory property tax value loss is the taxable value of	112494
inventory property as reported by taxpayers for tax year 2004	112495
multiplied by:	112496

(a) For tax year 2006, a fraction, the numerator of which is	112497
five and three-fourths and the denominator of which is	112498
twenty-three;	112499

(b) For tax year 2007, a fraction, the numerator of which is	112500
nine and one-half and the denominator of which is twenty-three;	112501

(c) For tax year 2008, a fraction, the numerator of which is	112502
thirteen and one-fourth and the denominator of which is	112503
twenty-three;	112504

(d) For tax year 2009 and thereafter a fraction, the	112505
numerator of which is seventeen and the denominator of which is	112506
twenty-three.	112507

(3) Furniture and fixtures property tax value loss is the	112508
taxable value of furniture and fixture property as reported by	112509
taxpayers for tax year 2004 multiplied by:	112510

(a) For tax year 2006, twenty-five per cent;

112511

(b) For tax year 2007, fifty per cent;

112512

112513

(d) For tax year 2009 and thereafter, one hundred per cent.

112514

The taxable value of property reported by taxpayers used in	112515
divisions (C)(1), (2), and (3) of this section shall be such	112516
values as determined to be final by the tax commissioner as of	112517
August 31, 2005. Such determinations shall be final except for any	112518
correction of a clerical error that was made prior to August 31,	112519
2005, by the tax commissioner.	112520

(4) Telephone property tax value loss is the taxable value of	112521
telephone property as taxpayers would have reported that property	112522
for tax year 2004 if the assessment rate for all telephone	112523
property for that year were twenty-five per cent, multiplied by:	112524

(a) For tax year 2006, zero per cent;

112525

(b) For tax year 2007, zero per cent;

112526

112527

(d) For tax year 2009, sixty per cent;

112528

(e) For tax year 2010, eighty per cent;

112529

(f) For tax year 2011 and thereafter, one hundred per cent.

112530

(5) Division (C)(5) of this section applies to any school	112531
district, joint vocational school district, or local taxing unit	112532
in a county in which is located a facility currently or formerly	112533
devoted to the enrichment or commercialization of uranium or	112534
uranium products, and for which the total taxable value of	112535
property listed on the general tax list of personal property for	112536
any tax year from tax year 2001 to tax year 2004 was fifty per	112537
cent or less of the taxable value of such property listed on the	112538
general tax list of personal property for the next preceding tax	112539
year.	112540

In computing the fixed-rate levy losses under divisions	112541
(D)(1), (2), and (3) of this section for any school district,	112542
joint vocational school district, or local taxing unit to which	112543
division (C)(5) of this section applies, the taxable value of such	112544
property as listed on the general tax list of personal property	112545
for tax year 2000 shall be substituted for the taxable value of	112546
such property as reported by taxpayers for tax year 2004, in the	112547
taxing district containing the uranium facility, if the taxable	112548
value listed for tax year 2000 is greater than the taxable value	112549
reported by taxpayers for tax year 2004. For the purpose of making	112550
the computations under divisions (D)(1), (2), and (3) of this	112551
section, the tax year 2000 valuation is to be allocated to	112552
machinery and equipment, inventory, and furniture and fixtures	112553
property in the same proportions as the tax year 2004 values. For	112554
the purpose of the calculations in division (A) of section 5751.21	112555
of the Revised Code, the tax year 2004 taxable values shall be	112556
used.	112557

To facilitate the calculations required under division (C) of	112558
this section, the county auditor, upon request from the tax	112559
commissioner, shall provide by August 1, 2005, the values of	112560
machinery and equipment, inventory, and furniture and fixtures for	112561
all single-county personal property taxpayers for tax year 2004.	112562

(D) Not later than September 15, 2005, the tax commissioner	112563
shall determine for each tax year from 2006 through 2009 for each	112564
school district, joint vocational school district, and local	112565
taxing unit its machinery and equipment, inventory, and furniture	112566
and fixtures fixed-rate levy losses, and for each tax year from	112567
2006 through 2011 its telephone property fixed-rate levy loss.	112568
Except as provided in division (F) of this section, such losses	112569
are the applicable amounts described in divisions (D)(1), (2),	112570
(3), and (4) of this section:	112571

(1) The machinery and equipment fixed-rate levy loss is the	112572
machinery and equipment property tax value loss multiplied by the	112573
sum of the tax rates of fixed-rate qualifying levies.	112574

(2) The inventory fixed-rate loss is the inventory property	112575
tax value loss multiplied by the sum of the tax rates of	112576
fixed-rate qualifying levies.	112577

(3) The furniture and fixtures fixed-rate levy loss is the	112578
furniture and fixture property tax value loss multiplied by the	112579
sum of the tax rates of fixed-rate qualifying levies.	112580

(4) The telephone property fixed-rate levy loss is the	112581
telephone property tax value loss multiplied by the sum of the tax	112582
rates of fixed-rate qualifying levies.	112583

(E) Not later than September 15, 2005, the tax commissioner	112584
shall determine for each school district, joint vocational school	112585
district, and local taxing unit its fixed-sum levy loss. The	112586
fixed-sum levy loss is the amount obtained by subtracting the	112587
amount described in division (E)(2) of this section from the	112588
amount described in division (E)(1) of this section:	112589

(1) The sum of the machinery and equipment property tax value	112590
loss, the inventory property tax value loss, and the furniture and	112591
fixtures property tax value loss, and, for 2008 through 2010, the	112592
telephone property tax value loss of the district or unit	112593
multiplied by the sum of the fixed-sum tax rates of qualifying	112594
levies. For 2006 through 2010, this computation shall include all	112595
qualifying levies remaining in effect for the current tax year and	112596
any school district levies charged and payable under section	112597
5705.194 or 5705.213 of the Revised Code that are qualifying	112598
levies not remaining in effect for the current year. For 2011	112599
through 2017 in the case of school district levies charged and	112600
payable under section 5705.194 or 5705.213 of the Revised Code and	112601
for all years after 2010 in the case of other fixed-sum levies,	112602
this computation shall include only qualifying levies remaining in	112603
effect for the current year. For purposes of this computation, a	112604
qualifying school district levy charged and payable under section	112605
5705.194 or 5705.213 of the Revised Code remains in effect in a	112606
year after 2010 only if, for that year, the board of education	112607
levies a school district levy charged and payable under section	112608
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	112609
an annual sum at least equal to the annual sum levied by the board	112610
in tax year 2004 less the amount of the payment certified under	112611
this division for 2006.	112612

(2) The total taxable value in tax year 2004 less the sum of	112613
the machinery and equipment, inventory, furniture and fixtures,	112614
and telephone property tax value losses in each school district,	112615
joint vocational school district, and local taxing unit multiplied	112616
by one-half of one mill per dollar.	112617

(3) For the calculations in divisions (E)(1) and (2) of this	112618
section, the tax value losses are those that would be calculated	112619
for tax year 2009 under divisions (C)(1), (2), and (3) of this	112620
section and for tax year 2011 under division (C)(4) of this	112621
section.	112622

(4) To facilitate the calculation under divisions (D) and (E)	112623
of this section, not later than September 1, 2005, any school	112624
district, joint vocational school district, or local taxing unit	112625
that has a qualifying levy that was approved at an election	112626
conducted during 2005 before September 1, 2005, shall certify to	112627
the tax commissioner a copy of the county auditor's certificate of	112628
estimated property tax millage for such levy as required under	112629
division (B) of section 5705.03 of the Revised Code, which is the	112630
rate that shall be used in the calculations under such divisions.	112631

If the amount determined under division (E) of this section	112632
for any school district, joint vocational school district, or	112633
local taxing unit is greater than zero, that amount shall equal	112634
the reimbursement to be paid pursuant to division (E) of section	112635
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	112636
and the one-half of one mill that is subtracted under division	112637
(E)(2) of this section shall be apportioned among all contributing	112638
fixed-sum levies in the proportion that each levy bears to the sum	112639
of all fixed-sum levies within each school district, joint	112640
vocational school district, or local taxing unit.	112641

(F) If a school district levies a tax under section 5705.219	112642
of the Revised Code, the fixed-rate levy loss for qualifying	112643
levies, to the extent repealed under that section, shall equal the	112644
sum of the following amounts in lieu of the amounts computed for	112645
such levies under division (D) of this section:	112646

(1) The sum of the rates of qualifying levies to the extent	112647
so repealed multiplied by the sum of the machinery and equipment,	112648
inventory, and furniture and fixtures tax value losses for 2009 as	112649
determined under that division;	112650

(2) The sum of the rates of qualifying levies to the extent	112651
so repealed multiplied by the telephone property tax value loss	112652
for 2011 as determined under that division.	112653

The fixed-rate levy losses for qualifying levies to the	112654
extent not repealed under section 5705.219 of the Revised Code	112655
shall be as determined under division (D) of this section. The	112656
revised fixed-rate levy losses determined under this division and	112657
division (D) of this section first apply in the year following the	112658
first year the district levies the tax under section 5705.219 of	112659
the Revised Code.	112660

(G) Not later than October 1, 2005, the tax commissioner	112661
shall certify to the department of education for every school	112662
district and joint vocational school district the machinery and	112663
equipment, inventory, furniture and fixtures, and telephone	112664
property tax value losses determined under division (C) of this	112665
section, the machinery and equipment, inventory, furniture and	112666
fixtures, and telephone fixed-rate levy losses determined under	112667
division (D) of this section, and the fixed-sum levy losses	112668
calculated under division (E) of this section. The calculations	112669
under divisions (D) and (E) of this section shall separately	112670
display the levy loss for each levy eligible for reimbursement.	112671

(H) Not later than October 1, 2005, the tax commissioner	112672
shall certify the amount of the fixed-sum levy losses to the	112673
county auditor of each county in which a school district, joint	112674
vocational school district, or local taxing unit with a fixed-sum	112675
levy loss reimbursement has territory.	112676

(I) Not later than the twenty-eighth day of February each	112677
year beginning in 2011 and ending in 2014, the tax commissioner	112678
shall certify to the department of education for each school	112679
district first levying a tax under section 5705.219 of the Revised	112680
Code in the preceding year the revised fixed-rate levy losses	112681
determined under divisions (D) and (F) of this section.	112682

(J) There is hereby created in the state treasury the	112683
commercial activity tax motor fuel receipts fund.	112684

Sec. 5751.21. (A) Not later than the thirtieth day of July	112685
of 2007 through 2010, the department of education shall consult	112686
with the director of budget and management and determine the	112687
following for each school district and each joint vocational	112688
school district eligible for payment under division (B) of this	112689
section:	112690

(1) The state education aid offset, which, except as provided	112691
in division (A)(1)(c) of this section, is the difference obtained	112692
by subtracting the amount described in division (A)(1)(b) of this	112693
section from the amount described in division (A)(1)(a) of this	112694
section:	112695

(a) The state education aid computed for the school district	112696
or joint vocational school district for the current fiscal year as	112697
of the thirtieth day of July;	112698

(b) The state education aid that would be computed for the	112699
school district or joint vocational school district for the	112700
current fiscal year as of the thirtieth day of July if the	112701
valuation used in the calculation in division (B)(1) of section	112702
3306.13 of the Revised Code as that division existed for fiscal	112703
years 2010 and 2011 included the machinery and equipment,	112704
inventory, furniture and fixtures, and telephone property tax	112705
value losses for the school district or joint vocational school	112706
district for the second preceding tax year, and if taxes charged	112707
and payable associated with the tax value losses are accounted for	112708
in any state education aid computation dependent on taxes charged	112709
and payable.	112710

(c) The state education aid offset for fiscal year 2010 and	112711
fiscal year 2011 equals the greater of the state education aid	112712
offset calculated for that fiscal year under divisions (A)(1)(a)	112713
and (b) of this section and the state education aid offset	112714
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	112715
the state education aid offset equals the state education aid	112716
offset for fiscal year 2011.	112717

(2) For fiscal years 2008 through 2011, the greater of zero	112718
or the difference obtained by subtracting the state education aid	112719
offset determined under division (A)(1) of this section from the	112720
sum of the machinery and equipment fixed-rate levy loss, the	112721
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	112722
levy loss, and telephone property fixed-rate levy loss certified	112723
under divisions (G) and (I) of section 5751.20 of the Revised Code	112724
for all taxing districts in each school district and joint	112725
vocational school district for the second preceding tax year.	112726

By the thirtieth day of July of each such year, the	112727
department of education and the director of budget and management	112728
shall agree upon the amount to be determined under division (A)(1)	112729
of this section.	112730

(B) On or before the thirty-first day of August of 2008,	112731
2009, and 2010, the department of education shall recalculate the	112732
offset described under division (A) of this section for the	112733
previous fiscal year and recalculate the payments made under	112734
division (C) of this section in the preceding fiscal year using	112735
the offset calculated under this division. If the payments	112736
calculated under this division differ from the payments made under	112737
division (C) of this section in the preceding fiscal year, the	112738
difference shall either be paid to a school district or recaptured	112739
from a school district through an adjustment at the same times	112740
during the current fiscal year that the payments under division	112741
(C) of this section are made. In August and October of the current	112742
fiscal year, the amount of each adjustment shall be three-sevenths	112743
of the amount calculated under this division. In May of the	112744
current fiscal year, the adjustment shall be one-seventh of the	112745
amount calculated under this division.	112746

(C) The department of education shall pay from the school	112747
district tangible property tax replacement fund to each school	112748
district and joint vocational school district all of the following	112749
for fixed-rate levy losses certified under divisions (G) and (I)	112750
of section 5751.20 of the Revised Code:	112751

(1) On or before May 31, 2006, one-seventh of the total	112752
fixed-rate levy loss for tax year 2006;	112753

(2) On or before August 31, 2006, and October 31, 2006,	112754
one-half of six-sevenths of the total fixed-rate levy loss for tax	112755
year 2006;	112756

(3) On or before May 31, 2007, one-seventh of the total	112757
fixed-rate levy loss for tax year 2007;	112758

(4) On or before August 31, 2007, and October 31, 2007,	112759
forty-three per cent of the amount determined under division	112760
(A)(2) of this section for fiscal year 2008, but not less than	112761
zero, plus one-half of six-sevenths of the difference between the	112762
total fixed-rate levy loss for tax year 2007 and the total	112763
fixed-rate levy loss for tax year 2006.	112764

(5) On or before May 31, 2008, fourteen per cent of the	112765
amount determined under division (A)(2) of this section for fiscal	112766
year 2008, but not less than zero, plus one-seventh of the	112767
difference between the total fixed-rate levy loss for tax year	112768
2008 and the total fixed-rate levy loss for tax year 2006.	112769

(6) On or before August 31, 2008, and October 31, 2008,	112770
forty-three per cent of the amount determined under division	112771
(A)(2) of this section for fiscal year 2009, but not less than	112772
zero, plus one-half of six-sevenths of the difference between the	112773
total fixed-rate levy loss in tax year 2008 and the total	112774
fixed-rate levy loss in tax year 2007.	112775

(7) On or before May 31, 2009, fourteen per cent of the	112776
amount determined under division (A)(2) of this section for fiscal	112777
year 2009, but not less than zero, plus one-seventh of the	112778
difference between the total fixed-rate levy loss for tax year	112779
2009 and the total fixed-rate levy loss for tax year 2007.	112780

(8) On or before August 31, 2009, and October 31, 2009,	112781
forty-three per cent of the amount determined under division	112782
(A)(2) of this section for fiscal year 2010, but not less than	112783
zero, plus one-half of six-sevenths of the difference between the	112784
total fixed-rate levy loss in tax year 2009 and the total	112785
fixed-rate levy loss in tax year 2008.	112786

(9) On or before May 31, 2010, fourteen per cent of the	112787
amount determined under division (A)(2) of this section for fiscal	112788
year 2010, but not less than zero, plus one-seventh of the	112789
difference between the total fixed-rate levy loss in tax year 2010	112790
and the total fixed-rate levy loss in tax year 2008.	112791

(10) On or before August 31, 2010, and October 31, 2010,	112792
forty-three per cent of the amount determined under division	112793
(A)(2) of this section for fiscal year 2011, but not less than	112794
zero, plus one-half of six-sevenths of the difference between the	112795
telephone property fixed-rate levy loss for tax year 2010 and the	112796
telephone property fixed-rate levy loss for tax year 2009.	112797

(11) On or before May 31, 2011, fourteen per cent of the	112798
amount determined under division (A)(2) of this section for fiscal	112799
year 2011, but not less than zero, plus one-seventh of the	112800
difference between the telephone property fixed-rate levy loss for	112801
tax year 2011 and the telephone property fixed-rate levy loss for	112802
tax year 2009.	112803

(12) For fiscal years 2012 and thereafter, the sum of the	112804
amounts in divisions (C)(12)(a) or (b) and (c) of this section	112805
shall be paid on or before the ~~twentieth~~last day of November and	112806
the last day of May:	112807

(a) If the ratio of current expense TPP allocation to total	112808
resources is equal to or less than the threshold per cent, zero;	112809

(b) If the ratio of current expense TPP allocation to total	112810
resources is greater than the threshold per cent, fifty per cent	112811
of the difference of current expense TPP allocation minus the	112812
product of total resources multiplied by the threshold per cent;	112813

(c) Fifty per cent of the product of non-current expense TPP	112814
allocation multiplied by seventy-five per cent for fiscal year	112815
2012 and fifty per cent for fiscal years 2013 and thereafter.	112816

The department of education shall report to each school	112817
district and joint vocational school district the apportionment of	112818
the payments among the school district's or joint vocational	112819
school district's funds based on the certifications under	112820
divisions (G) and (I) of section 5751.20 of the Revised Code.	112821

(D) For taxes levied within the ten-mill limitation for debt	112822
purposes in tax year 2005, payments shall be made equal to one	112823
hundred per cent of the loss computed as if the tax were a	112824
fixed-rate levy, but those payments shall extend from fiscal year	112825
2006 through fiscal year 2018, as long as the qualifying levy	112826
continues to be used for debt purposes. If the purpose of such a	112827
qualifying levy is changed, that levy becomes subject to the	112828
payments determined in division (C) of this section.	112829

(E)(1) Not later than January 1, 2006, for each fixed-sum	112830
levy of each school district or joint vocational school district	112831
and for each year for which a determination is made under division	112832
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	112833
loss is to be reimbursed, the tax commissioner shall certify to	112834
the department of education the fixed-sum levy loss determined	112835
under that division. The certification shall cover a time period	112836
sufficient to include all fixed-sum levies for which the	112837
commissioner made such a determination. On or before the last day	112838
of May of the current year, the department shall pay from the	112839
school district property tax replacement fund to the school	112840
district or joint vocational school district one-third of the	112841
fixed-sum levy loss so certified, plus one-third of the amount	112842
certified under division (I) of section 5751.20 of the Revised	112843
Code, and on or before the ~~twentieth~~last day of November,	112844
two-thirds of the fixed-sum levy loss so certified, plus	112845
two-thirds of the amount certified under division (I) of section	112846
5751.20 of the Revised Code. Payments under this division of the	112847
amounts certified under division (I) of section 5751.20 of the	112848
Revised Code shall continue until the levy adopted under section	112849
5705.219 of the Revised Code expires.	112850

(2) Beginning in 2006, by the first day of January of each	112851
year, the tax commissioner shall review the certification	112852
originally made under division (E)(1) of this section. If the	112853
commissioner determines that a debt levy that had been scheduled	112854
to be reimbursed in the current year has expired, a revised	112855
certification for that and all subsequent years shall be made to	112856
the department of education.	112857

(F) Beginning in September 2007 and through June 2013, the	112858
director of budget and management shall transfer from the school	112859
district tangible property tax replacement fund to the general	112860
revenue fund each of the following:	112861

(1) On the first day of September, one-fourth of the amount	112862
determined for that fiscal year under division (A)(1) of this	112863
section;	112864

(2) On the first day of December, one-fourth of the amount	112865
determined for that fiscal year under division (A)(1) of this	112866
section;	112867

(3) On the first day of March, one-fourth of the amount	112868
determined for that fiscal year under division (A)(1) of this	112869
section;	112870

(4) On the first day of June, one-fourth of the amount	112871
determined for that fiscal year under division (A)(1) of this	112872
section.	112873

If, when a transfer is required under division (F)(1), (2),	112874
(3), or (4) of this section, there is not sufficient money in the	112875
school district tangible property tax replacement fund to make the	112876
transfer in the required amount, the director shall transfer the	112877
balance in the fund to the general revenue fund and may make	112878
additional transfers on later dates as determined by the director	112879
in a total amount that does not exceed one-fourth of the amount	112880
determined for the fiscal year.	112881

(G) If the total amount in the school district tangible	112882
property tax replacement fund is insufficient to make all payments	112883
under divisions (C), (D), and (E) of this section at the times the	112884
payments are to be made, the director of budget and management	112885
shall transfer from the general revenue fund to the school	112886
district tangible property tax replacement fund the difference	112887
between the total amount to be paid and the amount in the school	112888
district tangible property tax replacement fund.	112889

(H) On the fifteenth day of June of each year, the director	112890
of budget and management may transfer any balance in the school	112891
district tangible property tax replacement fund to the general	112892
revenue fund.	112893

(I) If all of the territory of a school district or joint	112894
vocational school district is merged with another district, or if	112895
a part of the territory of a school district or joint vocational	112896
school district is transferred to an existing or newly created	112897
district, the department of education, in consultation with the	112898
tax commissioner, shall adjust the payments made under this	112899
section as follows:	112900

(1) For a merger of two or more districts, the fixed-sum levy	112901
losses, total resources, current expense TPP allocation, total TPP	112902
allocation, and non-current expense TPP allocation of the	112903
successor district shall be the sum of such items for each of the	112904
districts involved in the merger.	112905

(2) If property is transferred from one district to a	112906
previously existing district, the amount of total resources,	112907
current expense TPP allocation, total TPP allocation, and	112908
non-current expense TPP allocation that shall be transferred to	112909
the recipient district shall be an amount equal to total	112910
resources, current expense TPP allocation, total TPP allocation,	112911
and non-current expense TPP allocation of the transferor district	112912
times a fraction, the numerator of which is the number of pupils	112913
being transferred to the recipient district, measured, in the case	112914
of a school district, by average daily membership as reported	112915
under division (A) of section 3317.03 of the Revised Code or, in	112916
the case of a joint vocational school district, by formula ADM as	112917
reported in division (D) of that section, and the denominator of	112918
which is the average daily membership or formula ADM of the	112919
transferor district.	112920

(3) After December 31, 2010, if property is transferred from	112921
one or more districts to a district that is newly created out of	112922
the transferred property, the newly created district shall be	112923
deemed not to have any total resources, current expense TPP	112924
allocation, total TPP allocation, or non-current expense TPP	112925
allocation.	112926

(4) If the recipient district under division (I)(2) of this	112927
section or the newly created district under division (I)(3) of	112928
this section is assuming debt from one or more of the districts	112929
from which the property was transferred and any of the districts	112930
losing the property had fixed-sum levy losses, the department of	112931
education, in consultation with the tax commissioner, shall make	112932
an equitable division of the fixed-sum levy loss reimbursements.	112933

Sec. 5753.01. As used in Chapter 5753. of the Revised Code	112934
and for no other purpose under Title LVII of the Revised Code:	112935

(A) "Casino facility" has the same meaning as in section	112936
3772.01 of the Revised Code.	112937

(B) "Casino gaming" has the same meaning as in section	112938
3772.01 of the Revised Code.	112939

(C) "Casino operator" has the same meaning as in section	112940
3772.01 of the Revised Code.	112941

(D) "Gross casino revenue" means the total amount of money	112942
exchanged for the purchase of chips, tokens, tickets, electronic	112943
cards, or similar objects by casino patrons, less winnings paid to	112944
wagerers. "Gross casino revenue" does not include ~~the~~:	112945

(1) The issuance to casino patrons or wagering by casino	112946
patrons of any promotional gaming credit as defined in section	112947
3772.01 of the Revised Code. When issuance of the promotional	112948
gaming credit requires money exchanged as a match from the patron,	112949
the excludible portion of the promotional gaming credit does not	112950
include the portion of the wager purchased by the patron.	112951

(2) Bad debts from receipts on the basis of which the tax	112952
imposed by this chapter was paid in a prior tax period to the	112953
extent not previously excluded. For the purposes of this division,	112954
"bad debts" means any debts that have become worthless or	112955
uncollectible in a prior tax period, have been uncollected for at	112956
least six months, and that may be claimed as a deduction under	112957
section 166 of the Internal Revenue Code and the regulations	112958
adopted under that section, or that could be claimed as such if	112959
the taxpayer kept its accounts on the accrual basis. "Bad debts"	112960
does not include repossessed property, uncollectible amounts on	112961
property that remains in the possession of the casino operator	112962
until the full purchase price is paid, or expenses in attempting	112963
to collect any account receivable or for any portion of the debt	112964
recovered.	112965

(E) "Person" has the same meaning as in section 3772.01 of	112966
the Revised Code.	112967

(F) "Slot machine" has the same meaning as in section 3772.01	112968
of the Revised Code.	112969

(G) "Table game" has the same meaning as in section 3772.01	112970
of the Revised Code.	112971

(H) "Tax period" means one twenty-four-hour period with	112972
regard to which a casino operator is required to pay the tax	112973
levied by this chapter.	112974

Sec. 5753.03. (A) For the purpose of receiving and	112975
distributing, and accounting for, revenue received from the tax	112976
levied by section 5753.02 of the Revised Code, the following funds	112977
are created in the state treasury:	112978

(1) The casino tax revenue fund;

112979

(2) The gross casino revenue county fund;

112980

(3) The gross casino revenue county student fund;

112981

(4) The gross casino revenue host city fund;

112982

(5) The Ohio state racing commission fund;

112983

(6) The Ohio law enforcement training fund;

112984

(7) The problem casino gambling and addictions fund;

112985

(8) The casino control commission fund;

112986

(9) The casino tax administration fund;

112987

(10) The peace officer training academy fund;

112988

(11) The criminal justice services casino tax revenue fund.

112989

(B) All moneys collected from the tax levied under this	112990
chapter shall be deposited into the casino tax revenue fund.	112991

(C) From the casino tax revenue fund the director of budget	112992
and management shall transfer as needed to the tax refund fund	112993
amounts equal to the refunds certified by the tax commissioner	112994
under section 5753.06 of the Revised Code.	112995

(D) After making any transfers required by division (C) of	112996
this section, but not later than the fifteenth day of the month	112997
following the end of each calendar quarter, the director of budget	112998
and management shall transfer amounts to each fund as follows:	112999

(1) Fifty-one per cent to the gross casino revenue county	113000
fund to make payments as required by Section 6(C)(3)(a) of Article	113001
XV, Ohio Constitution;	113002

(2) Thirty-four per cent to the gross casino revenue county	113003
student fund to make payments as required by Section 6(C)(3)(b) of	113004
Article XV, Ohio Constitution and as provided in section 5753.11	113005
of the Revised Code;	113006

(3) Five per cent to the gross casino revenue host city fund	113007
for the benefit of the cities in which casino facilities are	113008
located;	113009

(4) Three per cent to the Ohio state racing commission fund	113010
to support the efforts and activities of the Ohio state racing	113011
commission to promote horse racing in this state at which the	113012
pari-mutuel system of wagering is conducted;	113013

(5) Two per cent to the Ohio law enforcement training fund to	113014
support law enforcement functions in the state;	113015

(6) Two per cent to the problem casino gambling and	113016
addictions fund to support efforts of the department of ~~alcohol~~	113017
~~and drug addiction services~~mental health and addiction services	113018
to alleviate problem gambling and substance abuse and related	113019
research in the state under section ~~3793.032~~5119.47 of the	113020
Revised Code;	113021

(7) Three per cent to the casino control commission fund to	113022
support the operations of the Ohio casino control commission and	113023
to defray the cost of administering the tax levied under section	113024
5753.02 of the Revised Code.	113025

Payments under divisions (D)(1) and (3) of this section shall	113026
be made by the end of the month following the end of the quarterly	113027
period. The tax commissioner shall make the data available to the	113028
director of budget and management for this purpose.	113029

Money in the Ohio state racing commission fund shall be	113030
distributed at the discretion of the Ohio state racing commission	113031
for the purpose stated in division (D)(4) of this section by the	113032
end of the month following the end of the quarterly period. The	113033
commission may retain up to five per cent of the amount	113034
transferred to the fund under division (D)(4) of this section for	113035
operating expenses necessary for the administration of the fund.	113036

Payments from the gross casino revenue county student fund as	113037
required under section 5753.11 of the Revised Code shall be made	113038
by the last day of January and by the last day of August of each	113039
year, beginning in 2013. The tax commissioner shall make the data	113040
available to the director of budget and management for this	113041
purpose.	113042

Of the money credited to the Ohio law enforcement training	113043
fund, the director of budget and management shall distribute	113044
eighty-five per cent of the money to the police officer training	113045
academy fund for the purpose of supporting the law enforcement	113046
training efforts of the Ohio peace officer training academy and	113047
fifteen per cent of the money to the criminal justice services	113048
casino tax revenue fund for the purpose of supporting the law	113049
enforcement training efforts of the division of criminal justice	113050
services.	113051

(E)(1) The tax commissioner shall serve as an agent of the	113052
counties of this state only for the purposes of this division and	113053
solely to make payments directly to municipal corporations and	113054
school districts, as applicable, on the counties' behalf.	113055

(2) On or before the last day of the month following the end	113056
of each calendar quarter, the tax commissioner shall provide for	113057
payment from the funds referenced in divisions (D)(1) and (3) of	113058
this section to each county and municipal corporation as	113059
prescribed in those divisions.	113060

(3) On or before the last day of January and the last day of	113061
August each year, the commissioner shall provide for payments from	113062
the fund referenced in division (D)(2) of this section to each	113063
school district as prescribed in that division.	113064

(F) The director of budget and management shall transfer one	113065
per cent of the money credited to the casino control commission	113066
fund to the casino tax administration fund. The tax commissioner	113067
shall use the casino tax administration fund to defray the costs	113068
incurred in administering the tax levied by this chapter.	113069

(G) All investment earnings of the gross casino revenue	113070
county student fund shall be credited to the fund.	113071

Sec. 5753.07. (A)(1) The tax commissioner may issue an	113072
assessment, based on any information in the tax commissioner's	113073
possession, against a casino operator who fails to pay the tax	113074
levied under section 5753.02 of the Revised Code or to file a	113075
return under section 5753.04 of the Revised Code. The tax	113076
commissioner shall give the casino operator written notice of the	113077
assessment under section 5703.37 of the Revised Code. With the	113078
notice, the tax commissioner shall include instructions on how to	113079
petition for reassessment and on how to request a hearing with	113080
respect to the petition.	113081

(2) Unless the casino operator, within sixty days after	113082
service of the notice of assessment, files with the tax	113083
commissioner, either personally or by certified mail, a written	113084
petition signed by the casino operator, or by the casino	113085
operator's authorized agent who has knowledge of the facts, the	113086
assessment becomes final, and the amount of the assessment is due	113087
and payable from the casino operator to the treasurer of state.	113088
The petition shall indicate the casino operator's objections to	113089
the assessment. Additional objections may be raised in writing if	113090
they are received by the tax commissioner before the date shown on	113091
the final determination.	113092

(3) If a petition for reassessment has been properly filed,	113093
the tax commissioner shall proceed under section 5703.60 of the	113094
Revised Code.	113095

(4) After an assessment becomes final, if any portion of the	113096
assessment, including penalties and accrued interest, remains	113097
unpaid, the tax commissioner may file a certified copy of the	113098
entry making the assessment final in the office of the clerk of	113099
the court of common pleas of Franklin county or in the office of	113100
the clerk of the court of common pleas of the county in which the	113101
casino operator resides, the casino operator's casino facility is	113102
located, or the casino operator's principal place of business in	113103
this state is located. Immediately upon the filing of the entry,	113104
the clerk shall enter a judgment for the state against the	113105
taxpayer assessed in the amount shown on the entry. The judgment	113106
may be filed by the clerk in a loose-leaf book entitled, "special	113107
judgments for the gross casino revenue tax." The judgment has the	113108
same effect as other judgments. Execution shall issue upon the	113109
judgment at the request of the tax commissioner, and all laws	113110
applicable to sales on execution apply to sales made under the	113111
judgment.	113112

(5) ~~The portion of an~~If the assessment is not paid in its	113113
entirety within sixty days after the day the assessment was issued	113114
~~bears~~, the portion of the assessment consisting of tax due shall	113115
bear interest at the rate per annum prescribed by section 5703.47	113116
of the Revised Code from the day the tax commissioner issued the	113117
assessment until the assessment is paid or until it is certified	113118
to the attorney general for collection under section 131.02 of the	113119
Revised Code, whichever comes first. If the unpaid portion of the	113120
assessment is certified to the attorney general for collection,	113121
the entire unpaid portion of the assessment shall bear interest at	113122
the rate per annum prescribed by section 5703.47 of the Revised	113123
Code from the date of certification until the date it is paid in	113124
its entirety. Interest shall be paid in the same manner as the tax	113125
levied under section 5753.02 of the Revised Code and may be	113126
collected by the issuance of an assessment under this section.	113127

(B) If the tax commissioner believes that collection of the	113128
tax levied under section 5753.02 of the Revised Code will be	113129
jeopardized unless proceedings to collect or secure collection of	113130
the tax are instituted without delay, the commissioner may issue a	113131
jeopardy assessment against the casino operator who is liable for	113132
the tax. Immediately upon the issuance of a jeopardy assessment,	113133
the tax commissioner shall file an entry with the clerk of the	113134
court of common pleas in the manner prescribed by division (A)(4)	113135
of this section, and the clerk shall proceed as directed in that	113136
division. Notice of the jeopardy assessment shall be served on the	113137
casino operator or the casino operator's authorized agent under	113138
section 5703.37 of the Revised Code within five days after the	113139
filing of the entry with the clerk. The total amount assessed is	113140
immediately due and payable, unless the casino operator assessed	113141
files a petition for reassessment under division (A)(2) of this	113142
section and provides security in a form satisfactory to the tax	113143
commissioner that is in an amount sufficient to satisfy the unpaid	113144
balance of the assessment. If a petition for reassessment has been	113145
filed, and if satisfactory security has been provided, the tax	113146
commissioner shall proceed under division (A)(3) of this section.	113147
Full or partial payment of the assessment does not prejudice the	113148
tax commissioner's consideration of the petition for reassessment.	113149

(C) The tax commissioner shall immediately forward to the	113150
treasurer of state all amounts the tax commissioner receives under	113151
this section, and the amounts forwarded shall be treated as if	113152
they were revenue arising from the tax levied under section	113153
5753.02 of the Revised Code.	113154

(D) Except as otherwise provided in this division, no	113155
assessment shall be issued against a casino operator for the tax	113156
levied under section 5753.02 of the Revised Code more than four	113157
years after the due date for filing the return for the tax period	113158
for which the tax was reported, or more than four years after the	113159
return for the tax period was filed, whichever is later. This	113160
division does not bar an assessment against a casino operator who	113161
fails to file a return as required by section 5753.04 of the	113162
Revised Code or who files a fraudulent return, or when the casino	113163
operator and the tax commissioner waive in writing the time	113164
limitation.	113165

(E) If the tax commissioner possesses information that	113166
indicates that the amount of tax a casino operator is liable to	113167
pay under section 5753.02 of the Revised Code exceeds the amount	113168
the casino operator paid, the tax commissioner may audit a sample	113169
of the casino operator's gross casino revenue over a	113170
representative period of time to ascertain the amount of tax due,	113171
and may issue an assessment based on the audit. The tax	113172
commissioner shall make a good faith effort to reach agreement	113173
with the casino operator in selecting a representative sample. The	113174
tax commissioner may apply a sampling method only if the tax	113175
commissioner has prescribed the method by rule.	113176

(F) If the whereabouts of a casino operator who is liable for	113177
the tax levied under section 5753.02 of the Revised Code are	113178
unknown to the tax commissioner, the tax commissioner shall	113179
proceed under section 5703.37 of the Revised Code.	113180

(G) If a casino operator fails to pay the tax levied under	113181
section 5753.02 of the Revised Code within a period of one year	113182
after the due date for remitting the tax, the Ohio casino control	113183
commission may suspend the casino operator's license.	113184

Sec. 5815.28. (A) As used in this section:

113185

(1) "Ascertainable standard" includes a standard in a trust	113186
instrument requiring the trustee to provide for the care, comfort,	113187
maintenance, welfare, education, or general well-being of the	113188
beneficiary.	113189

(2) "Disability" means any substantial, medically	113190
determinable impairment that can be expected to result in death or	113191
that has lasted or can be expected to last for a continuous period	113192
of at least twelve months, except that "disability" does not	113193
include an impairment that is the result of abuse of alcohol or	113194
drugs.	113195

(3) "Political subdivision" and "state" have the same	113196
meanings as in section 2744.01 of the Revised Code.	113197

(4) "Supplemental services" means services specified by rule	113198
of the department of ~~mental health~~mental health and addiction	113199
services under section ~~5119.01~~5119.10 of the Revised Code or the	113200
department of developmental disabilities under section 5123.04 of	113201
the Revised Code that are provided to an individual with a	113202
disability in addition to services the individual is eligible to	113203
receive under programs authorized by federal or state law.	113204

(B) Any person may create a trust under this section to	113205
provide funding for supplemental services for the benefit of	113206
another individual who meets either of the following conditions:	113207

(1) The individual has a physical or mental disability and is	113208
eligible to receive services through the department of	113209
developmental disabilities or a county board of developmental	113210
disabilities;	113211

(2) The individual has a mental disability and is eligible to	113212
receive services through the department of ~~mental health~~mental	113213
health and addiction services or a board of alcohol, drug	113214
addiction, and mental health services.	113215

The trust may confer discretion upon the trustee and may	113216
contain specific instructions or conditions governing the exercise	113217
of the discretion.	113218

(C) The general division of the court of common pleas and the	113219
probate court of the county in which the beneficiary of a trust	113220
authorized by division (B) of this section resides or is confined	113221
have concurrent original jurisdiction to hear and determine	113222
actions pertaining to the trust. In any action pertaining to the	113223
trust in a court of common pleas or probate court and in any	113224
appeal of the action, all of the following apply to the trial or	113225
appellate court:	113226

(1) The court shall render determinations consistent with the	113227
testator's or other settlor's intent in creating the trust, as	113228
evidenced by the terms of the trust instrument.	113229

(2) The court may order the trustee to exercise discretion	113230
that the trust instrument confers upon the trustee only if the	113231
instrument contains specific instructions or conditions governing	113232
the exercise of that discretion and the trustee has failed to	113233
comply with the instructions or conditions. In issuing an order	113234
pursuant to this division, the court shall require the trustee to	113235
exercise the trustee's discretion only in accordance with the	113236
instructions or conditions.	113237

(3) The court may order the trustee to maintain the trust and	113238
distribute assets in accordance with rules adopted by the director	113239
of ~~mental health~~mental health and addiction services under	113240
section ~~5119.01~~5119.10 of the Revised Code or the director of	113241
developmental disabilities under section 5123.04 of the Revised	113242
Code if the trustee has failed to comply with such rules.	113243

(D) To the extent permitted by federal law and subject to the	113244
provisions of division (C)(2) of this section pertaining to the	113245
enforcement of specific instructions or conditions governing a	113246
trustee's discretion, a trust authorized by division (B) of this	113247
section that confers discretion upon the trustee shall not be	113248
considered an asset or resource of the beneficiary, the	113249
beneficiary's estate, the settlor, or the settlor's estate and	113250
shall be exempt from the claims of creditors, political	113251
subdivisions, the state, other governmental entities, and other	113252
claimants against the beneficiary, the beneficiary's estate, the	113253
settlor, or the settlor's estate, including claims regarding the	113254
medicaid program or based on provisions of Chapters ~~5111.,~~ 5121.,	113255
or 5123. of the Revised Code and claims sought to be satisfied by	113256
way of a civil action, subrogation, execution, garnishment,	113257
attachment, judicial sale, or other legal process, if all of the	113258
following apply:	113259

(1) At the time the trust is created, the trust principal	113260
does not exceed the maximum amount determined under division (E)	113261
of this section;	113262

(2) The trust instrument contains a statement of the	113263
settlor's intent, or otherwise clearly evidences the settlor's	113264
intent, that the beneficiary does not have authority to compel the	113265
trustee under any circumstances to furnish the beneficiary with	113266
minimal or other maintenance or support, to make payments from the	113267
principal of the trust or from the income derived from the	113268
principal, or to convert any portion of the principal into cash,	113269
whether pursuant to an ascertainable standard specified in the	113270
instrument or otherwise;	113271

(3) The trust instrument provides that trust assets can be	113272
used only to provide supplemental services, as defined by rule of	113273
the director of ~~mental health~~mental health and addiction services	113274
under section ~~5119.01~~5119.10 of the Revised Code or the director	113275
of developmental disabilities under section 5123.04 of the Revised	113276
Code, to the beneficiary;	113277

(4) The trust is maintained and assets are distributed in	113278
accordance with rules adopted by the director of ~~mental health~~	113279
mental health and addiction services under section ~~5119.01~~5119.10	113280
of the Revised Code or the director of developmental disabilities	113281
under section 5123.04 of the Revised Code;	113282

(5) The trust instrument provides that on the death of the	113283
beneficiary, a portion of the remaining assets of the trust, which	113284
shall be not less than fifty per cent of such assets, will be	113285
deposited to the credit of the services fund for individuals with	113286
mental illness created by section ~~5119.17~~5119.51 of the Revised	113287
Code or the services fund for individuals with mental retardation	113288
and developmental disabilities created by section 5123.40 of the	113289
Revised Code.	113290

(E) In 1994, the trust principal maximum amount for a trust	113291
created under this section shall be two hundred thousand dollars.	113292
The maximum amount for a trust created under this section prior to	113293
November 11, 1994, may be increased to two hundred thousand	113294
dollars.	113295

In 1995, the maximum amount for a trust created under this	113296
section shall be two hundred two thousand dollars. Each year	113297
thereafter, the maximum amount shall be the prior year's amount	113298
plus two thousand dollars.	113299

(F) This section does not limit or otherwise affect the	113300
creation, validity, interpretation, or effect of any trust that is	113301
not created under this section.	113302

(G) Once a trustee takes action on a trust created by a	113303
settlor under this section and disburses trust funds on behalf of	113304
the beneficiary of the trust, then the trust may not be terminated	113305
or otherwise revoked by a particular event or otherwise without	113306
payment into the services fund created pursuant to section ~~5119.17~~	113307
5119.51 or 5123.40 of the Revised Code of an amount that is equal	113308
to the disbursements made on behalf of the beneficiary for medical	113309
care by the state from the date the trust vests but that is not	113310
more than fifty per cent of the trust corpus.	113311

Sec. 5905.02. Whenever it appears that a person is eligible	113312
for care or treatment by the veterans' administration or other	113313
agency of the United States, and hospitalization is necessary for	113314
the proper care or treatment of such person, the probate court,	113315
upon receipt of a certificate from the veterans' administration or	113316
such other agency showing that facilities are available and such	113317
person is eligible for care or treatment therein, may order such	113318
person to said veterans' administration or other agency for care	113319
and treatment.	113320

Upon admission, such person shall be subject to the	113321
applicable regulations of the veterans' administration or other	113322
agency of the United States. The chief officer of any hospital to	113323
which any person is admitted pursuant to hospitalization as	113324
provided in sections 5905.01 to 5905.19 of the Revised Code, or	113325
under the law in effect at the time of such admission, shall have	113326
the same powers as are exercised by heads of hospitals for mental	113327
diseases and the department of ~~mental health~~mental health and	113328
addiction services with respect to the retention, transfer,	113329
parole, or discharge of the person hospitalized; provided no	113330
person shall be transferred to a hospital operated by the state or	113331
any political subdivision thereof without the consent of such	113332
department.	113333

The right of such person to appear and defend shall not be	113334
denied.	113335

The judgment or order of hospitalization by a court of	113336
competent jurisdiction of another state ordering a person to the	113337
veterans' administration or other agency of the United States, or	113338
any hospital operated by any such agency, for care or treatment	113339
shall have the same effect as to such person while in this state	113340
as in the state in which the court entering such judgment or	113341
making such order is situated, provided that no nonresident	113342
ordered to a veterans' administration facility located in Ohio	113343
shall thereby acquire a legal settlement in Ohio.	113344

Upon receipt of a certificate that facilities are available	113345
in any such hospital operated by the United States for the care or	113346
treatment of any person ordered to any hospital for the mentally	113347
ill or other hospital in this state for the care of persons	113348
similarly afflicted, and that such person is eligible for such	113349
care or treatment, such department may transfer any such person to	113350
the veterans' administration or other agency of the United States	113351
in the state. Upon effecting any such transfer, the ordering court	113352
shall be notified thereof by the transferring agency; provided	113353
that no such person shall be transferred if hethe person is	113354
confined pursuant to conviction of any crime or misdemeanor, or if	113355
hethe person has been acquitted of any such charge solely on the	113356
ground of insanity, unless prior to such transfer the court	113357
originally ordering such person enters an order for such transfer	113358
after appropriate motion and hearing.	113359

Any person transferred as provided in this section is ordered	113360
to the veterans' administration or other agency of the United	113361
States pursuant to the original order as though hethe person had	113362
been originally so ordered.	113363

Sec. 5910.02. There is hereby created an Ohio war orphans	113364
scholarship board as part of the department of veterans services.	113365
The board consists of eight members as follows: the chancellor of	113366
the Ohio board of regents or the chancellor's designee; the	113367
director of veterans services or the director's designee; one	113368
member of the house of representatives, appointed by the speaker;	113369
one member of the senate, appointed by the president of the	113370
senate; and four members appointed by the governor, one of whom	113371
shall be a representative of the American Legion, one of whom	113372
shall be a representative of the Veterans of Foreign Wars, one of	113373
whom shall be a representative of the Disabled American Veterans,	113374
and one of whom shall be a representative of the AMVETS. At least	113375
ninety days prior to the expiration of the term of office of the	113376
representative of a veterans organization appointed by the	113377
governor, the governor shall notify the state headquarters of the	113378
affected organization of the need for an appointment and request	113379
the organization to make at least three nominations. Within sixty	113380
days after making the request for nominations, the governor may	113381
make the appointment from the nominations received, or may reject	113382
all the nominations and request at least three new nominations,	113383
from which the governor shall make an appointment within thirty	113384
days after making the request for the new nominations. If the	113385
governor receives no nominations during this thirty-day period,	113386
the governor may appoint any veteran.	113387

Terms of office for the four members appointed by the	113388
governor shall be for four years, commencing on the first day of	113389
January and ending on the thirty-first day of December, except	113390
that the term of the AMVETS representative shall expire December	113391
31, 1998, and the new term that succeeds it shall commence on	113392
January 1, 1999, and end on December 31, 2002. Each member shall	113393
hold office from the date of the member's appointment until the	113394
end of the term for which the member was appointed. The other	113395
members shall serve during their terms of office. Any vacancy	113396
shall be filled by appointment in the same manner as by original	113397
appointment. Any member appointed to fill a vacancy occurring	113398
prior to the expiration of the term for which the member's	113399
predecessor was appointed shall hold office for the remainder of	113400
such term. Any appointed member shall continue in office	113401
subsequent to the expiration date of the member's term until the	113402
member's successor takes office, or until a period of sixty days	113403
has elapsed, whichever occurs first. The members of the board	113404
shall serve without pay but shall be reimbursed for travel	113405
expenses and for other actual and necessary expenses incurred in	113406
the performance of their duties, not to exceed ten dollars per day	113407
for ten days in any one year to be appropriated out of any moneys	113408
in the state treasury to the credit of the general revenue fund.	113409

The chancellor of the board of regents shall act as secretary	113410
to the board and shall furnish such clerical and other assistance	113411
as may be necessary to the performance of the duties of the board.	113412

The board shall determine the number of scholarships to be	113413
made available, receive applications for scholarships, pass upon	113414
the eligibility of applicants, decide which applicants are to	113415
receive scholarships, and do all other things necessary for the	113416
proper administration of this chapter.	113417

The board may apply for, and may receive and accept, grants,	113418
and may receive and accept gifts, bequests, and contributions,	113419
from public and private sources, including agencies and	113420
instrumentalities of the United States and this state, and shall	113421
deposit the grants, gifts, bequests, or contributions into the	113422
Ohio war orphans scholarship donation fund.	113423

Sec. 5910.07. The Ohio war orphans scholarship donation fund	113424
is created in the state treasury. The fund shall consist of gifts,	113425
bequests, grants, and contributions made to the fund under section	113426
5910.02 of the Revised Code. Investment earnings of the fund shall	113427
be deposited into the fund. The fund shall be used to operate the	113428
war orphans scholarship program and to provide grants under	113429
sections 5910.01 to 5910.06 of the Revised Code.	113430

Sec. 5910.08. There is hereby created in the state treasury	113431
the war orphans scholarship reserve fund. Not later than the first	113432
day of July of each fiscal year, the chancellor of the Ohio board	113433
of regents shall certify to the director of budget and management	113434
the unencumbered balance of the general revenue fund	113435
appropriations made in the immediately preceding fiscal year for	113436
purposes of the war orphans scholarship program created in Chapter	113437
5910. of the Revised Code. Upon receipt of the certification, the	113438
director may transfer an amount not exceeding the certified amount	113439
from the general revenue fund to the war orphans scholarship	113440
reserve fund. Moneys in the war orphans scholarship reserve fund	113441
shall be used to pay scholarship obligations in excess of the	113442
general revenue fund appropriations made for that purpose.	113443

The director may transfer any unencumbered balance from the	113444
war orphans scholarship reserve fund to the general revenue fund.	113445

Sec. 5919.34. (A) As used in this section:

113446

(1) "Academic term" means any one of the following:

113447

(a) Fall term, which consists of fall semester or fall	113448
quarter, as appropriate;	113449

(b) Winter term, which consists of winter semester, winter	113450
quarter, or spring semester, as appropriate;	113451

113452

(d) Summer term, which consists of summer semester or summer	113453
quarter, as appropriate.	113454

(2) "Eligible applicant" means any individual to whom all of	113455
the following apply:	113456

(a) The individual does not possess a baccalaureate degree.

113457

(b) The individual has enlisted, re-enlisted, or extended	113458
current enlistment in the Ohio national guard or is an individual	113459
to which division (F) of this section applies.	113460

(c) The individual is actively enrolled as a full-time or	113461
part-time student for at least three credit hours of course work	113462
in a semester or quarter in a two-year or four-year	113463
degree-granting program at a state institution of higher education	113464
or a private institution of higher education, or in a	113465
diploma-granting program at a state or private institution of	113466
higher education that is a school of nursing.	113467

(d) The individual has not accumulated ninety-six eligibility	113468
units under division (E) of this section.	113469

(3) "State institution of higher education" means any state	113470
university or college as defined in division (A)(1) of section	113471
3345.12 of the Revised Code, community college established under	113472
Chapter 3354. of the Revised Code, state community college	113473
established under Chapter 3358. of the Revised Code, university	113474
branch established under Chapter 3355. of the Revised Code, or	113475
technical college established under Chapter 3357. of the Revised	113476
Code.	113477

(4) "Private institution of higher education" means an Ohio	113478
institution of higher education that is nonprofit and has received	113479
a certificate of authorization pursuant to Chapter 1713. of the	113480
Revised Code, that is a private institution exempt from regulation	113481
under Chapter 3332. of the Revised Code as prescribed in section	113482
3333.046 of the Revised Code, or that holds a certificate of	113483
registration and program authorization issued by the state board	113484
of career colleges and schools pursuant to section 3332.05 of the	113485
Revised Code.	113486

(5) "Tuition" means the charges imposed to attend an	113487
institution of higher education and includes general and	113488
instructional fees. "Tuition" does not include laboratory fees,	113489
room and board, or other similar fees and charges.	113490

(B) There is hereby created a scholarship program to be known	113491
as the Ohio national guard scholarship program.	113492

(C) The adjutant general shall approve scholarships for all	113493
eligible applicants. The adjutant general shall process all	113494
applications for scholarships for each academic term in the order	113495
in which they are received. The scholarships shall be made without	113496
regard to financial need. At no time shall one person be placed in	113497
priority over another because of sex, race, or religion.	113498

(D)(1) Except as provided in divisions (I) and (J) of this	113499
section, for each academic term that an eligible applicant is	113500
approved for a scholarship under this section and either remains a	113501
current member in good standing of the Ohio national guard or is	113502
eligible for a scholarship under division (F)(1) of this section,	113503
the institution of higher education in which the applicant is	113504
enrolled shall, if the applicant's enlistment obligation extends	113505
beyond the end of that academic term or if division (F)(1) of this	113506
section applies, be paid on the applicant's behalf the applicable	113507
one of the following amounts:	113508

(a) If the institution is a state institution of higher	113509
education, an amount equal to one hundred per cent of the	113510
institution's tuition charges;	113511

(b) If the institution is a nonprofit private institution or	113512
a private institution exempt from regulation under Chapter 3332.	113513
of the Revised Code as prescribed in section 3333.046 of the	113514
Revised Code, an amount equal to one hundred per cent of the	113515
average tuition charges of all state universities;	113516

(c) If the institution is an institution that holds a	113517
certificate of registration from the state board of career	113518
colleges and schools, the lesser of the following:	113519

(i) An amount equal to one hundred per cent of the	113520
institution's tuition;	113521

(ii) An amount equal to one hundred per cent of the average	113522
tuition charges of all state universities, as that term is defined	113523
in section 3345.011 of the Revised Code.	113524

(2) An eligible applicant's scholarship shall not be reduced	113525
by the amount of that applicant's benefits under "the Montgomery	113526
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	113527

(E) A scholarship recipient under this section shall be	113528
entitled to receive scholarships under this section for the number	113529
of quarters or semesters it takes the recipient to accumulate	113530
ninety-six eligibility units as determined under divisions (E)(1)	113531
to (3) of this section.	113532

(1) To determine the maximum number of semesters or quarters	113533
for which a recipient is entitled to a scholarship under this	113534
section, the adjutant general shall convert a recipient's credit	113535
hours of enrollment for each academic term into eligibility units	113536
in accordance with the following table:	113537

		The			113538
Number of		following		The following	113539
credit hours		number of		number of	113540
of enrollment		eligibility		eligibility	113541
in an academic		units if a		units if a	113542
term	equals	semester	or	quarter	113543
					113544
12 or more hours		12 units		8 units	113545
9 but less than 12		9 units		6 units	113546
6 but less than 9		6 units		4 units	113547
3 but less than 6		3 units		2 units	113548

(2) A scholarship recipient under this section may continue	113549
to apply for scholarships under this section until the recipient	113550
has accumulated ninety-six eligibility units.	113551

(3) If a scholarship recipient withdraws from courses prior	113552
to the end of an academic term so that the recipient's enrollment	113553
for that academic term is less than three credit hours, no	113554
scholarship shall be paid on behalf of that person for that	113555
academic term. Except as provided in division (F)(3) of this	113556
section, if a scholarship has already been paid on behalf of the	113557
person for that academic term, the adjutant general shall add to	113558
that person's accumulated eligibility units the number of	113559
eligibility units for which the scholarship was paid.	113560

(F) This division applies to any eligible applicant called	113561
into active duty on or after September 11, 2001. As used in this	113562
division, "active duty" means active duty pursuant to an executive	113563
order of the president of the United States, an act of the	113564
congress of the United States, or section 5919.29 or 5923.21 of	113565
the Revised Code.	113566

(1) For a period of up to five years from when an	113567
individual's enlistment obligation in the Ohio national guard	113568
ends, an individual to whom this division applies is eligible for	113569
scholarships under this section for those academic terms that were	113570
missed or could have been missed as a result of the individual's	113571
call into active duty. Scholarships shall not be paid for the	113572
academic term in which an eligible applicant's enlistment	113573
obligation ends unless an applicant is eligible under this	113574
division for a scholarship for such academic term due to previous	113575
active duty.	113576

(2) When an individual to whom this division applies	113577
withdraws or otherwise fails to complete courses, for which	113578
scholarships have been awarded under this section, because the	113579
individual was called into active duty, the institution of higher	113580
education shall grant the individual a leave of absence from the	113581
individual's education program and shall not impose any academic	113582
penalty for such withdrawal or failure to complete courses.	113583
Division (F)(2) of this section applies regardless of whether or	113584
not the scholarship amount was paid to the institution of higher	113585
education.	113586

(3) If an individual to whom this division applies withdraws	113587
or otherwise fails to complete courses because the individual was	113588
called into active duty, and if scholarships for those courses	113589
have already been paid, either:	113590

(a) The adjutant general shall not add to that person's	113591
accumulated eligibility units calculated under division (E) of	113592
this section the number of eligibility units for the academic	113593
courses or term for which the scholarship was paid and the	113594
institution of higher education shall repay the scholarship amount	113595
to the state.	113596

(b) The adjutant general shall add to that individual's	113597
accumulated eligibility units calculated under division (E) of	113598
this section the number of eligibility units for the academic	113599
courses or term for which the scholarship was paid if the	113600
institution of higher education agrees to permit the individual to	113601
complete the remainder of the academic courses in which the	113602
individual was enrolled at the time the individual was called into	113603
active duty.	113604

(4) No individual who is discharged from the Ohio national	113605
guard under other than honorable conditions shall be eligible for	113606
scholarships under this division.	113607

(G) A scholarship recipient under this section who fails to	113608
complete the term of enlistment, re-enlistment, or extension of	113609
current enlistment the recipient was serving at the time a	113610
scholarship was paid on behalf of the recipient under this section	113611
is liable to the state for repayment of a percentage of all Ohio	113612
national guard scholarships paid on behalf of the recipient under	113613
this section, plus interest at the rate of ten per cent per annum	113614
calculated from the dates the scholarships were paid. This	113615
percentage shall equal the percentage of the current term of	113616
enlistment, re-enlistment, or extension of enlistment a recipient	113617
has not completed as of the date the recipient is discharged from	113618
the Ohio national guard.	113619

The attorney general may commence a civil action on behalf of	113620
the chancellor of the Ohio board of regents to recover the amount	113621
of the scholarships and the interest provided for in this division	113622
and the expenses incurred in prosecuting the action, including	113623
court costs and reasonable attorney's fees. A scholarship	113624
recipient is not liable under this division if the recipient's	113625
failure to complete the term of enlistment being served at the	113626
time a scholarship was paid on behalf of the recipient under this	113627
section is due to the recipient's death or discharge from the	113628
national guard due to disability.	113629

(H) On or before the first day of each academic term, the	113630
adjutant general shall provide an eligibility roster to the	113631
chancellor and to each institution of higher education at which	113632
one or more scholarship recipients have applied for enrollment.	113633
The institution shall use the roster to certify the actual	113634
full-time or part-time enrollment of each scholarship recipient	113635
listed as enrolled at the institution and return the roster to the	113636
adjutant general and the chancellor. Except as provided in	113637
division (J) of this section, the chancellor shall provide for	113638
payment of the appropriate number and amount of scholarships to	113639
each institution of higher education pursuant to division (D) of	113640
this section. If an institution of higher education fails to	113641
certify the actual enrollment of a scholarship recipient listed as	113642
enrolled at the institution within thirty days of the end of an	113643
academic term, the institution shall not be eligible to receive	113644
payment from the Ohio national guard scholarship program or from	113645
the individual enrollee. The adjutant general shall report on a	113646
semiannual basis to the director of budget and management, the	113647
speaker of the house of representatives, the president of the	113648
senate, and the chancellor the number of Ohio national guard	113649
scholarship recipients, the size of the scholarship-eligible	113650
population, and a projection of the cost of the program for the	113651
remainder of the biennium.	113652

(I) The chancellor and the adjutant general may adopt rules	113653
pursuant to Chapter 119. of the Revised Code governing the	113654
administration and fiscal management of the Ohio national guard	113655
scholarship program and the procedure by which the chancellor and	113656
the department of the adjutant general may modify the amount of	113657
scholarships a member receives based on the amount of other state	113658
financial aid a member receives.	113659

(J) The adjutant general, the chancellor, and the director,	113660
or their designees, shall jointly estimate the costs of the Ohio	113661
national guard scholarship program for each upcoming fiscal	113662
biennium, and shall report that estimate prior to the beginning of	113663
the fiscal biennium to the chairpersons of the finance committees	113664
in the general assembly. During each fiscal year of the biennium,	113665
the adjutant general, the chancellor, and the director, or their	113666
designees, shall meet regularly to monitor the actual costs of the	113667
Ohio national guard scholarship program and update cost	113668
projections for the remainder of the biennium as necessary. If the	113669
amounts appropriated for the Ohio national guard scholarship	113670
program and any funds in the Ohio national guard scholarship	113671
reserve fund and the Ohio national guard scholarship donation fund	113672
are not adequate to provide scholarships in the amounts specified	113673
in division (D)(1) of this section for all eligible applicants,	113674
the chancellor shall do all of the following:	113675

(1) Notify each private institution of higher education,	113676
where a scholarship recipient is enrolled, that, by accepting the	113677
Ohio national guard scholarship program as payment for all or part	113678
of the institution's tuition, the institution agrees that if the	113679
chancellor reduces the amount of each scholarship, the institution	113680
shall provide each scholarship recipient a grant or tuition waiver	113681
in an amount equal to the amount the recipient's scholarship was	113682
reduced by the chancellor.	113683

(2) Reduce the amount of each scholarship under division	113684
(D)(1)(a) of this section proportionally based on the amount of	113685
remaining available funds. Each state institution of higher	113686
education shall provide each scholarship recipient under division	113687
(D)(1)(a) of this section a grant or tuition waiver in an amount	113688
equal to the amount the recipient's scholarship was reduced by the	113689
chancellor.	113690

(K) Notwithstanding division (A) of section 127.14 of the	113691
Revised Code, the controlling board shall not transfer all or part	113692
of any appropriation for the Ohio national guard scholarship	113693
program.	113694

(L) The chancellor and the adjutant general may apply for,	113695
and may receive and accept grants, and may receive and accept	113696
gifts, bequests, and contributions, from public and private	113697
sources, including agencies and instrumentalities of the United	113698
States and this state, and shall deposit the grants, gifts,	113699
bequests, or contributions into the national guard scholarship	113700
~~reserve~~donation fund.	113701

Sec. 5919.342. The national guard scholarship donation fund	113702
is created in the state treasury. The fund shall consist of gifts,	113703
bequests, grants, and contributions made to the fund under	113704
division (L) of section 5919.34 of the Revised Code. Investment	113705
earnings of the fund shall be deposited into the fund. The fund	113706
shall be used to operate the Ohio national guard scholarship	113707
program created under section 5919.34 of the Revised Code.	113708

Sec. 5924.502. (A) If the issue of an accused's competence	113709
to stand trial is raised or if an accused enters a plea of not	113710
guilty by reason of insanity, the court may order one or more	113711
evaluations of the accused's present mental condition or, in the	113712
case of a plea of not guilty by reason of insanity, of the	113713
accused's mental condition at the time of the offense charged. An	113714
examiner shall conduct the evaluation.	113715

(B) If the court orders more than one evaluation under	113716
division (A) of this section, the trial counsel and the defense	113717
counsel may recommend to the court an examiner whom each prefers	113718
to perform one of the evaluations. If an accused enters a plea of	113719
not guilty by reason of insanity and if the court does not	113720
designate an examiner recommended by the defense counsel, the	113721
court shall inform the accused that the accused may have	113722
independent expert evaluation and that it will be obtained for the	113723
accused at public expense.	113724

(C) If the court orders an evaluation under division (A) of	113725
this section, the accused shall be available at the times and	113726
places established by the examiners who are to conduct the	113727
evaluation. The court may order an accused who is not being held	113728
in pretrial confinement to submit to an evaluation under this	113729
section. If an accused who is not being held in pretrial	113730
confinement refuses to submit to a complete evaluation, the court	113731
may order the sheriff to take the accused into custody and deliver	113732
the accused to a center, program, or facility operated or	113733
certified by the department of ~~mental health~~mental health and	113734
addiction services where the accused may be held for evaluation	113735
for a reasonable period of time not to exceed twenty days.	113736

(D) An accused who is being held in pretrial confinement may	113737
be evaluated at the accused's place of detention. Upon the request	113738
of the examiner, the court may order the sheriff to transport the	113739
accused to a program or facility operated or certified by the	113740
department of ~~mental health~~mental health and addiction services,	113741
where the accused may be held for evaluation for a reasonable	113742
period of time not to exceed twenty days, and to return the	113743
accused to the place of detention after the evaluation.	113744

(E) If a court orders the evaluation to determine an	113745
accused's mental condition at the time of the offense charged, the	113746
court shall inform the examiner of the offense with which the	113747
accused is charged.	113748

(F) In conducting an evaluation of an accused's mental	113749
condition at the time of the offense charged, the examiner shall	113750
consider all relevant evidence. If the offense charged involves	113751
the use of force against another person, the relevant evidence to	113752
be considered includes, but is not limited to, any evidence that	113753
the accused suffered at the time of the commission of the offense	113754
from the "battered woman syndrome."	113755

(G) The examiner shall file a written report with the court	113756
within thirty days after entry of a court order for evaluation,	113757
and the court shall provide copies of the report to the trial	113758
counsel and defense counsel. The report shall include all of the	113759
following:	113760

(1) The examiner's findings;

113761

(2) The facts in reasonable detail on which the findings are	113762
based;	113763

(3) If the evaluation was ordered to determine the accused's	113764
competence to stand trial, all of the following findings or	113765
recommendations that are applicable:	113766

(a) Whether the accused is capable of understanding the	113767
nature and objective of the proceedings against the accused or of	113768
assisting in the accused's defense;	113769

(b) If the examiner's opinion is that the accused is	113770
incapable of understanding the nature and objective of the	113771
proceedings against the accused or of assisting in the accused's	113772
defense, whether the accused presently is mentally ill;	113773

(c) If the examiner's opinion is that the accused is	113774
incapable of understanding the nature and objective of the	113775
proceedings against the accused or of assisting in the accused's	113776
defense, the examiner's opinion as to the likelihood of the	113777
accused becoming capable of understanding the nature and objective	113778
of the proceedings against the accused and of assisting in the	113779
accused's defense within one year if the accused is provided with	113780
a course of treatment;	113781

(d) If the examiner's opinion is that the accused is	113782
incapable of understanding the nature and objective of the	113783
proceedings against the accused or of assisting in the accused's	113784
defense and that the accused presently is mentally ill, the	113785
examiner's recommendation as to the least restrictive placement or	113786
commitment alternative, consistent with the accused's treatment	113787
needs for restoration to competency and with the safety of the	113788
community;	113789

(e) If the accused is charged before a special or summary	113790
court-martial with an offense that is not a violation of section	113791
5924.120, 5924.127, or 5924.128 of the Revised Code and the	113792
examiner's opinion is that the accused is incapable of	113793
understanding the nature and objective of the proceedings against	113794
the accused or of assisting in the accused's defense and that the	113795
accused is presently mentally ill, the examiner's recommendation	113796
as to whether the accused is amenable to engagement in mental	113797
health treatment.	113798

(4) If the evaluation was ordered to determine the accused's	113799
mental condition at the time of the offense charged, the	113800
examiner's findings as to whether the accused at the time of the	113801
offense charged did not know, as a result of a severe mental	113802
disease or defect, the wrongfulness of the accused's acts charged.	113803

(H) An examiner appointed under divisions (A) and (B) of this	113804
section to evaluate an accused to determine the accused's	113805
competence to stand trial also may be appointed to evaluate an	113806
accused who has entered a plea of not guilty by reason of	113807
insanity, but an examiner of that nature shall prepare separate	113808
reports on the issue of competence to stand trial and the defense	113809
of not guilty by reason of insanity.	113810

(I) No statement that an accused makes in an evaluation or	113811
hearing under divisions (A) to (H) of this section relating to the	113812
accused's competence to stand trial or to the accused's mental	113813
condition at the time of the offense charged may be used against	113814
the accused on the issue of guilt in any criminal action or	113815
proceeding, but, in a criminal action or proceeding, the trial	113816
counsel or defense counsel may call as a witness any person who	113817
evaluated the accused or prepared a report pursuant to a referral	113818
under this section. Neither the appointment nor the testimony of	113819
an examiner appointed under this section precludes the trial	113820
counsel or defense counsel from calling other witnesses or	113821
presenting other evidence on competency or insanity issues.	113822

(J) Persons appointed as examiners under divisions (A) and	113823
(B) of this section or under division (H) of this section shall be	113824
paid a reasonable amount for their services and expenses, as	113825
certified by the court.	113826

Sec. 5924.503. (A) If the issue of an accused's competence	113827
to stand trial is raised and if the court, upon conducting the	113828
hearing provided for in section 5924.502 of the Revised Code,	113829
finds that the accused is competent to stand trial, the accused	113830
shall be proceeded against as provided by law. If the court finds	113831
the accused competent to stand trial and the accused is receiving	113832
psychotropic drugs or other medication, the court may authorize	113833
the continued administration of the drugs or medication or other	113834
appropriate treatment in order to maintain the accused's	113835
competence to stand trial unless the accused's attending physician	113836
advises the court against continuation of the drugs, other	113837
medication, or treatment.	113838

(B)(1)(a) If, after taking into consideration all relevant	113839
reports, information, and other evidence, the court finds that the	113840
accused is incompetent to stand trial and that there is a	113841
substantial probability that the accused will become competent to	113842
stand trial within one year if the accused is provided with a	113843
course of treatment, the court shall order the accused to undergo	113844
treatment. If the accused is being tried by a general	113845
court-martial and if, after taking into consideration all relevant	113846
reports, information, and other evidence, the court finds that the	113847
accused is incompetent to stand trial, but the court is unable at	113848
that time to determine whether there is a substantial probability	113849
that the accused will become competent to stand trial within one	113850
year if the accused is provided with a course of treatment, the	113851
court shall order continuing evaluation and treatment of the	113852
accused for a period not to exceed four months to determine	113853
whether there is a substantial probability that the accused will	113854
become competent to stand trial within one year if the accused is	113855
provided with a course of treatment.	113856

(b) The court order for the accused to undergo treatment or	113857
continuing evaluation and treatment under division (B)(1)(a) of	113858
this section shall specify that the accused, if determined to	113859
require mental health treatment or continuing evaluation and	113860
treatment, shall be committed to the department of ~~mental health~~	113861
mental health and addiction services for treatment or continuing	113862
evaluation and treatment at a hospital, facility, or agency	113863
determined to be clinically appropriate by the department of	113864
~~mental health~~mental health and addiction services. The order may	113865
restrict the accused's freedom of movement as the court considers	113866
necessary. The trial counsel in the accused's case shall send to	113867
the chief clinical officer of the hospital, facility, or ~~agency~~	113868
services provider where the accused is placed by the department of	113869
~~mental health~~mental health and addiction services or to the	113870
managing officer of the institution, the director of the facility,	113871
or the person to which the accused is committed copies of relevant	113872
investigative reports and other background information that	113873
pertains to the accused and is available to the trial counsel	113874
unless the trial counsel determines that the release of any of the	113875
information in the investigative reports or any of the other	113876
background information to unauthorized persons would interfere	113877
with the effective prosecution of any person or would create a	113878
substantial risk of harm to any person.	113879

In committing the accused to the department of ~~mental health~~	113880
mental health and addiction services, the court shall consider the	113881
extent to which the person is a danger to the person and to	113882
others, the need for security, and the type of crime involved and,	113883
if the court finds that restrictions on the accused's freedom of	113884
movement are necessary, shall specify the least restrictive	113885
limitations on the person's freedom of movement determined to be	113886
necessary to protect public safety. In weighing these factors, the	113887
court shall give preference to protecting public safety.	113888

(c) If the accused is found incompetent to stand trial, if	113889
the chief clinical officer of the hospital, facility, or ~~agency~~	113890
services provider where the accused is placed, or the managing	113891
officer of the institution, the director of the facility, or the	113892
person to which the accused is committed for treatment or	113893
continuing evaluation and treatment under division (B)(1)(b) of	113894
this section determines that medication is necessary to restore	113895
the accused's competency to stand trial, and if the accused lacks	113896
the capacity to give informed consent or refuses medication, the	113897
chief clinical officer of the hospital, facility, or ~~agency~~	113898
services provider where the accused is placed or the managing	113899
officer of the institution, the director of the facility, or the	113900
person to which the accused is committed for treatment or	113901
continuing evaluation and treatment may petition the court for	113902
authorization for the involuntary administration of medication.	113903
The court shall hold a hearing on the petition within five days of	113904
the filing of the petition. Following the hearing, the court may	113905
authorize the involuntary administration of medication or may	113906
dismiss the petition.	113907

(d) If the accused is charged before a special or summary	113908
court-martial with an offense that is not a violation of section	113909
5924.120, 5924.127, or 5924.128 of the Revised Code, the trial	113910
counsel may hold the charges in abeyance while the accused engages	113911
in mental health treatment.	113912

(2) If the court finds that the accused is incompetent to	113913
stand trial and that, even if the accused is provided with a	113914
course of treatment, there is not a substantial probability that	113915
the accused will become competent to stand trial within one year,	113916
the court shall order the discharge of the accused, unless upon	113917
motion of the trial counsel or on its own motion, the court either	113918
seeks to retain jurisdiction over the accused pursuant to division	113919
(A)(2) of section 5924.504 of the Revised Code or files an	113920
affidavit in the probate court for the civil commitment of the	113921
accused pursuant to Chapter 5122. of the Revised Code alleging	113922
that the accused is a mentally ill person subject to	113923
hospitalization by court order. If an affidavit is filed in the	113924
probate court, the trial court shall send to the probate court	113925
copies of all written reports of the accused's mental condition	113926
that were prepared pursuant to section 5924.502 of the Revised	113927
Code.	113928

The trial court may issue the temporary order of detention	113929
that a probate court may issue under section 5122.11 of the	113930
Revised Code, to remain in effect until the probable cause or	113931
initial hearing in the probate court. Further proceedings in the	113932
probate court are civil proceedings governed by Chapter 5122. of	113933
the Revised Code.	113934

(C) No accused shall be required to undergo treatment,	113935
including any continuing evaluation and treatment, under division	113936
(B)(1) of this section for longer than whichever of the following	113937
periods is applicable:	113938

(1) One year, if the accused is being tried by a general	113939
court-martial;	113940

(2) Six months, if the accused is being tried before a	113941
special court-martial;	113942

(3) Sixty days, if the accused is being tried before a	113943
summary court-martial.	113944

(D) Any accused who is committed pursuant to this section	113945
shall not voluntarily admit the accused or be voluntarily admitted	113946
to a hospital or institution pursuant to section 5122.02 or	113947
5122.15 of the Revised Code.	113948

(E) Except as otherwise provided in this division, an accused	113949
who is charged with an offense and is committed by the court under	113950
this section to the department of ~~mental health~~mental health and	113951
addiction services with restrictions on the accused's freedom of	113952
movement shall not be granted unsupervised on-grounds movement,	113953
supervised off-grounds movement, or nonsecured status except in	113954
accordance with the court order. The court may grant an accused	113955
supervised off-grounds movement to obtain medical treatment or	113956
specialized habilitation treatment services if the person who	113957
supervises the treatment or the continuing evaluation and	113958
treatment of the accused ordered under division (B)(1)(a) of this	113959
section informs the court that the treatment or continuing	113960
evaluation and treatment cannot be provided at the hospital or	113961
facility where the accused is placed by the department of ~~mental~~	113962
~~health~~mental health and addiction services. The chief clinical	113963
officer of the hospital or facility where the accused is placed by	113964
the department of ~~mental health~~mental health and addiction	113965
services or the managing officer of the institution or director of	113966
the facility to which the accused is committed or a designee of	113967
any of those persons may grant an accused movement to a medical	113968
facility for an emergency medical situation with appropriate	113969
supervision to ensure the safety of the accused, staff, and	113970
community during that emergency medical situation. The chief	113971
clinical officer of the hospital or facility where the accused is	113972
placed by the department of ~~mental health~~mental health and	113973
addiction services or the managing officer of the institution or	113974
director of the facility to which the accused is committed shall	113975
notify the court within twenty-four hours of the accused's	113976
movement to the medical facility for an emergency medical	113977
situation under this division.	113978

(F) The person who supervises the treatment or continuing	113979
evaluation and treatment of an accused ordered to undergo	113980
treatment or continuing evaluation and treatment under division	113981
(B)(1)(a) of this section shall file a written report with the	113982
court at the following times:	113983

(1) Whenever the person believes the accused is capable of	113984
understanding the nature and objective of the proceedings against	113985
the accused and of assisting in the accused's defense;	113986

(2) Fourteen days before expiration of the maximum time for	113987
treatment as specified in division (C) of this section and	113988
fourteen days before the expiration of the maximum time for	113989
continuing evaluation and treatment as specified in division	113990
(B)(1)(a) of this section;	113991

(3) At a minimum, after each six months of treatment;

113992

(4) Whenever the person who supervises the treatment or	113993
continuing evaluation and treatment of an accused ordered under	113994
division (B)(1)(a) of this section believes that there is not a	113995
substantial probability that the accused will become capable of	113996
understanding the nature and objective of the proceedings against	113997
the accused or of assisting in the accused's defense even if the	113998
accused is provided with a course of treatment.	113999

(G) A report under division (F) of this section shall contain	114000
the examiner's findings, the facts in reasonable detail on which	114001
the findings are based, and the examiner's opinion as to the	114002
accused's capability of understanding the nature and objective of	114003
the proceedings against the accused and of assisting in the	114004
accused's defense. If, in the examiner's opinion, the accused	114005
remains incapable of understanding the nature and objective of the	114006
proceedings against the accused and of assisting in the accused's	114007
defense and there is a substantial probability that the accused	114008
will become capable of understanding the nature and objective of	114009
the proceedings against the accused and of assisting in the	114010
accused's defense if the accused is provided with a course of	114011
treatment, if in the examiner's opinion the accused remains	114012
mentally ill, and if the maximum time for treatment as specified	114013
in division (C) of this section has not expired, the report also	114014
shall contain the examiner's recommendation as to the least	114015
restrictive placement or commitment alternative that is consistent	114016
with the accused's treatment needs for restoration to competency	114017
and with the safety of the community. The court shall provide	114018
copies of the report to the trial counsel and defense counsel.	114019

(H) If an accused is committed pursuant to division (B)(1) of	114020
this section, within ten days after the treating physician of the	114021
accused or the examiner of the accused who is employed or retained	114022
by the treating facility advises that there is not a substantial	114023
probability that the accused will become capable of understanding	114024
the nature and objective of the proceedings against the accused or	114025
of assisting in the accused's defense even if the accused is	114026
provided with a course of treatment, within ten days after the	114027
expiration of the maximum time for treatment as specified in	114028
division (C) of this section, within ten days after the expiration	114029
of the maximum time for continuing evaluation and treatment as	114030
specified in division (B)(1)(a) of this section, within thirty	114031
days after an accused's request for a hearing that is made after	114032
six months of treatment, or within thirty days after being advised	114033
by the treating physician or examiner that the accused is	114034
competent to stand trial, whichever is the earliest, the court	114035
shall conduct another hearing to determine if the accused is	114036
competent to stand trial and shall do whichever of the following	114037
is applicable:	114038

(1) If the court finds that the accused is competent to stand	114039
trial, the accused shall be proceeded against as provided by law.	114040

(2) If the court finds that the accused is incompetent to	114041
stand trial, but that there is a substantial probability that the	114042
accused will become competent to stand trial if the accused is	114043
provided with a course of treatment, and the maximum time for	114044
treatment as specified in division (C) of this section has not	114045
expired, the court, after consideration of the examiner's	114046
recommendation, shall order that treatment be continued, may	114047
change least restrictive limitations on the accused's freedom of	114048
movement.	114049

(3) If the court finds that the accused is incompetent to	114050
stand trial, if the accused is being tried by a general	114051
court-martial, and if the court finds that there is not a	114052
substantial probability that the accused will become competent to	114053
stand trial even if the accused is provided with a course of	114054
treatment, or if the maximum time for treatment as specified in	114055
division (C) of this section has expired, further proceedings	114056
shall be as provided in sections 5924.504 to 5924.506 of the	114057
Revised Code.	114058

(4) If the court finds that the accused is incompetent to	114059
stand trial, if the accused is being tried before a special	114060
court-martial, and if the court finds that there is not a	114061
substantial probability that the accused will become competent to	114062
stand trial even if the accused is provided with a course of	114063
treatment, or if the maximum time for treatment as specified in	114064
division (C) of this section has expired, the court shall dismiss	114065
the charge against the accused. A dismissal under this division is	114066
not a bar to further prosecution based on the same conduct. The	114067
court shall discharge the accused unless the court or trial	114068
counsel files an affidavit in probate court for civil commitment	114069
pursuant to Chapter 5122. of the Revised Code. If an affidavit for	114070
civil commitment is filed, the court may detain the accused for	114071
ten days pending civil commitment. All of the following provisions	114072
apply to persons being tried by a special court-martial who are	114073
committed by the probate court subsequent to the court's or trial	114074
counsel's filing of an affidavit for civil commitment under	114075
authority of this division:	114076

(a) The chief clinical officer of the entity, hospital, or	114077
facility, the managing officer of the institution, or the person	114078
to which the accused is committed or admitted shall do all of the	114079
following:	114080

(i) Notify the trial counsel in writing of the discharge of	114081
the accused, send the notice at least ten days prior to the	114082
discharge unless the discharge is by the probate court, and state	114083
in the notice the date on which the accused will be discharged;	114084

(ii) Notify the trial counsel in writing when the accused is	114085
absent without leave or is granted unsupervised, off-grounds	114086
movement and send this notice promptly after the discovery of the	114087
absence without leave or prior to the granting of the	114088
unsupervised, off-grounds movement, whichever is applicable;	114089

(iii) Notify the trial counsel in writing of the change of	114090
the accused's commitment or admission to voluntary status, send	114091
the notice promptly upon learning of the change to voluntary	114092
status, and state in the notice the date on which the accused was	114093
committed or admitted on a voluntary status.	114094

(b) The trial counsel shall promptly inform the convening	114095
authority of any notification received under division (H)(4)(a) of	114096
this section. Upon receiving notice that the accused will be	114097
granted unsupervised, off-grounds movement, the convening	114098
authority either shall refer the charges against the accused to an	114099
investigating officer again or promptly notify the court that the	114100
convening authority does not intend to refer the charges against	114101
the accused again.	114102

(I) If an accused is convicted of a crime and sentenced to	114103
confinement, the accused's sentence shall be reduced by the total	114104
number of days the accused is confined for evaluation to determine	114105
the accused's competence to stand trial or treatment under this	114106
section and sections 5924.502 and 5924.504 of the Revised Code or	114107
by the total number of days the accused is confined for evaluation	114108
to determine the accused's mental condition at the time of the	114109
offense charged.	114110

Sec. 5924.504. (A) If an accused being tried by a general	114111
court-martial is found incompetent to stand trial, after the	114112
expiration of the maximum time for treatment as specified in	114113
division (C) of section 5924.503 of the Revised Code or after the	114114
court finds that there is not a substantial probability that the	114115
accused will become competent to stand trial even if the accused	114116
is provided with a course of treatment, one of the following	114117
applies:	114118

(1) The court or the trial counsel may file an affidavit in	114119
probate court for civil commitment of the accused in the manner	114120
provided in Chapter 5122. of the Revised Code. If the court or	114121
trial counsel files an affidavit for civil commitment, the court	114122
may detain the accused for ten days pending civil commitment. If	114123
the probate court commits the accused subsequent to the court's or	114124
trial counsel's filing of an affidavit for civil commitment, the	114125
chief clinical officer of the entity, hospital, or facility, the	114126
managing officer of the institution, or the person to which the	114127
accused is committed or admitted shall send to the trial counsel	114128
the notices described in divisions (H)(4)(a)(i) to (iii) of	114129
section 5924.503 of the Revised Code within the periods of time	114130
and under the circumstances specified in those divisions.	114131

(2) On the motion of the trial counsel or on its own motion,	114132
the court may retain jurisdiction over the accused if at a hearing	114133
the court finds both of the following by clear and convincing	114134
evidence:	114135

(a) The accused committed the offense with which the accused	114136
is charged.	114137

(b) The accused is a mentally ill person subject to	114138
hospitalization by court order.	114139

(B) In making its determination under division (A)(2) of this	114140
section as to whether to retain jurisdiction over the accused, the	114141
court may consider all relevant evidence, including, but not	114142
limited to, any relevant psychiatric, psychological, or medical	114143
testimony or reports, the acts constituting the offense charged,	114144
and any history of the accused that is relevant to the accused's	114145
ability to conform to the law.	114146

(C) If the court conducts a hearing as described in division	114147
(A)(2) of this section and if the court does not make both	114148
findings described in divisions (A)(2)(a) and (b) of this section	114149
by clear and convincing evidence, the court shall dismiss the	114150
charges against the accused. Upon the dismissal, the court shall	114151
discharge the accused unless the court or trial counsel files an	114152
affidavit in probate court for civil commitment of the accused	114153
pursuant to Chapter 5122. of the Revised Code. If the court or	114154
trial counsel files an affidavit for civil commitment, the court	114155
may order that the accused be detained for up to ten days pending	114156
the civil commitment. If the probate court commits the accused	114157
subsequent to the court's or trial counsel's filing of an	114158
affidavit for civil commitment, the chief clinical officer of the	114159
entity, hospital, or facility, the managing officer of the	114160
institution, or the person to which the accused is committed or	114161
admitted shall send to the trial counsel the notices described in	114162
divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised	114163
Code within the periods of time and under the circumstances	114164
specified in those divisions. A dismissal of charges under this	114165
division is not a bar to further criminal proceedings based on the	114166
same conduct.	114167

(D)(1) If the court conducts a hearing as described in	114168
division (A)(2) of this section and if the court makes the	114169
findings described in divisions (A)(2)(a) and (b) of this section	114170
by clear and convincing evidence, the court shall commit the	114171
accused, if determined to require mental health treatment, to the	114172
department of ~~mental health~~mental health and addiction services	114173
for treatment at a hospital, facility, or ~~agency~~services provider	114174
as determined clinically appropriate by the department of ~~mental~~	114175
~~health~~mental health and addiction services. In committing the	114176
accused to the department of ~~mental health~~mental health and	114177
addiction services, the court shall specify the least restrictive	114178
limitations on the accused's freedom of movement determined to be	114179
necessary to protect public safety.	114180

(2) If a court makes a commitment of an accused under	114181
division (D)(1) of this section, the trial counsel shall send to	114182
the hospital, facility, or ~~agency~~services provider where the	114183
accused is placed by the department of ~~mental health~~mental health	114184
and addiction services or to the accused's place of commitment all	114185
reports of the accused's current mental condition and, except as	114186
otherwise provided in this division, any other relevant	114187
information, including, but not limited to, a transcript of the	114188
hearing held pursuant to division (A)(2) of this section, copies	114189
of relevant investigative reports, and copies of any prior arrest	114190
and conviction records that pertain to the accused and that the	114191
trial counsel possesses. The trial counsel shall send the reports	114192
of the accused's current mental condition in every case of	114193
commitment, and, unless the trial counsel determines that the	114194
release of any of the other relevant information to unauthorized	114195
persons would interfere with the effective prosecution of any	114196
person or would create a substantial risk of harm to any person,	114197
the trial counsel also shall send the other relevant information.	114198

(3) If a court makes a commitment under division (D)(1) of	114199
this section, all further proceedings shall be in accordance with	114200
Chapter 5122. of the Revised Code.	114201

Sec. 5924.506. (A) If an accused person is found not guilty	114202
by reason of insanity, the verdict shall state that finding, and	114203
the trial court shall conduct a full hearing to determine whether	114204
the person is a mentally ill person subject to hospitalization by	114205
court order. Prior to the hearing, if the military judge believes	114206
that there is probable cause that the person found not guilty by	114207
reason of insanity is a mentally ill person subject to	114208
hospitalization by court order, the military judge may issue a	114209
temporary order of detention for that person to remain in effect	114210
for ten court days or until the hearing, whichever occurs first.	114211

Any person detained pursuant to a temporary order of	114212
detention issued under this division shall be held in a suitable	114213
facility, taking into consideration the place and type of	114214
confinement prior to and during trial.	114215

(B) The court shall hold the hearing under division (A) of	114216
this section to determine whether the person found not guilty by	114217
reason of insanity is a mentally ill person subject to	114218
hospitalization by court order within ten court days after the	114219
finding of not guilty by reason of insanity. Failure to conduct	114220
the hearing within the ten-day period shall cause the immediate	114221
discharge of the respondent, unless the judge grants a continuance	114222
for not longer than ten court days for good cause shown or for any	114223
period of time upon motion of the respondent.	114224

(C) If a person is found not guilty by reason of insanity,	114225
the person has the right to attend a hearing conducted pursuant to	114226
this section. At the hearing, the court shall inform the person	114227
that the person has all of the following rights:	114228

(1) The right to be represented by defense counsel or to	114229
retain civilian counsel, if the person so chooses;	114230

(2) The right to have independent expert evaluation;

114231

(3) The right to subpoena witnesses and documents, to present	114232
evidence on the person's behalf, and to cross-examine witnesses	114233
against the person;	114234

(4) The right to testify in the person's own behalf and to	114235
not be compelled to testify;	114236

(5) The right to have copies of any relevant medical or	114237
mental health document in the custody of the state or of any place	114238
of commitment other than a document for which the court finds that	114239
the release to the person of information contained in the document	114240
would create a substantial risk of harm to any person.	114241

(D) The hearing under division (A) of this section shall be	114242
open to the public, and the court shall conduct the hearing in	114243
accordance with regulations prescribed by the adjutant general.	114244
The court shall make and maintain a full transcript and record of	114245
the hearing proceedings. The court may consider all relevant	114246
evidence, including, but not limited to, any relevant psychiatric,	114247
psychological, or medical testimony or reports, the acts	114248
constituting the offense in relation to which the person was found	114249
not guilty by reason of insanity, and any history of the person	114250
that is relevant to the person's ability to conform to the law.	114251

(E) Upon completion of the hearing under division (A) of this	114252
section, if the court finds there is not clear and convincing	114253
evidence that the person is a mentally ill person subject to	114254
hospitalization by court order, the court shall discharge the	114255
person, unless a detainer has been placed upon the person by the	114256
department of rehabilitation and correction, in which case the	114257
person shall be returned to that department.	114258

(F) If, at the hearing under division (A) of this section,	114259
the court finds by clear and convincing evidence that the person	114260
is a mentally ill person subject to hospitalization by court	114261
order, it shall commit the person to the department of ~~mental~~	114262
~~health~~mental health and addiction services for placement in a	114263
hospital, facility, or ~~agency~~services provider as determined	114264
clinically appropriate by the department of ~~mental health~~mental	114265
health and addiction services. Further proceedings shall be in	114266
accordance with Chapter 5122. or 5123. of the Revised Code. In	114267
committing the accused to the department of ~~mental health~~mental	114268
health and addiction services, the court shall specify the least	114269
restrictive limitations on the accused's freedom of movement	114270
determined to be necessary to protect public safety.	114271

(G) If a court makes a commitment of a person under division	114272
(F) of this section, the trial counsel shall send to the hospital,	114273
facility, or ~~agency~~services provider where the defendant is	114274
placed by the department of ~~mental health~~mental health and	114275
addiction services or to the accused's place of commitment all	114276
reports of the person's current mental condition, and, except as	114277
otherwise provided in this division, any other relevant	114278
information, including, but not limited to, a transcript of the	114279
hearing held pursuant to division (A) of this section, copies of	114280
relevant investigative reports, and copies of any prior arrest and	114281
conviction records that pertain to the person and that the trial	114282
counsel possesses. The trial counsel shall send the reports of the	114283
person's current mental condition in every case of commitment,	114284
and, unless the trial counsel determines that the release of any	114285
of the other relevant information to unauthorized persons would	114286
interfere with the effective prosecution of any person or would	114287
create a substantial risk of harm to any person, the trial counsel	114288
also shall send the other relevant information.	114289

(H) A person who is committed pursuant to this section shall	114290
not voluntarily admit the person or be voluntarily admitted to a	114291
hospital or institution pursuant to sections 5122.02 and 5122.15	114292
of the Revised Code.	114293

Sec. 6109.21. (A) Except as provided in divisions (I) and	114294
(J) of this section, no person shall operate a public water system	114295
in this state without a license issued by the director of	114296
environmental protection.	114297

(B)~~(1)~~ A person who proposes to operate a new public water	114298
system, in addition to complying with section 6109.07 of the	114299
Revised Code and rules adopted under it, shall obtain an initial	114300
license from the director. The person shall submit an application	114301
for the initial license at least forty-five days prior to	114302
commencing the operation of the system.	114303

(C) A license shall expire on the thirtieth day of January in	114304
the year following its issuance.	114305

(D) A license shall be renewed annually. A person proposing	114306
to continue operating a public water system shall apply for a	114307
license renewal at least thirty days prior to the expiration date	114308
of the license.	114309

(E) Through June 30, ~~2014~~2016, each application for a	114310
license or license renewal shall be accompanied by the appropriate	114311
fee established under division (M) of section 3745.11 of the	114312
Revised Code. ~~However, an applicant for an initial license who is~~	114313
~~proposing to operate a new public water system shall submit a fee~~	114314
~~that equals a prorated amount of the appropriate fee established~~	114315
~~under that division for the remainder of the licensing year.~~	114316

(F) Not later than thirty days after receiving a completed	114317
application and the appropriate license fee for a license or	114318
license renewal for a public water system, the director shall do	114319
one of the following:	114320

(1) Issue the license or license renewal for the public water	114321
system;	114322

(2) Issue the license or license renewal subject to terms and	114323
conditions that the director determines are necessary to ensure	114324
compliance with this chapter and rules adopted under it;	114325

(3) Deny the license or license renewal if the director finds	114326
that the public water system cannot be operated in substantial	114327
compliance with this chapter and rules adopted under it.	114328

(G) The director may condition, suspend, or revoke a license	114329
or license renewal issued under this section at any time if the	114330
director finds that the public water system was not or will not be	114331
operated in substantial compliance with this chapter and rules	114332
adopted under it.	114333

(H) The director shall adopt rules in accordance with Chapter	114334
119. of the Revised Code establishing procedures and requirements	114335
governing both of the following:	114336

(1) Information to be included on applications for licenses	114337
and license renewals issued under this section;	114338

(2) The issuance, conditioning, suspension, revocation, and	114339
denial of licenses and license renewals under this section.	114340

(I)(1) As used in division (I) of this section, "church"	114341
means a fellowship of believers, congregation, society,	114342
corporation, convention, or association that is formed primarily	114343
or exclusively for religious purposes and that is not formed or	114344
operated for the private profit of any person.	114345

(2) This section does not apply to a church that operates or	114346
maintains a public water system solely to provide water for that	114347
church or for a campground that is owned by the church and	114348
operated primarily or exclusively for members of the church and	114349
their families.	114350

(J) This section does not apply to any public or nonpublic	114351
school that meets minimum standards of the state board of	114352
education that operates or maintains a public water system solely	114353
to provide water for that school.	114354

(K) The environmental protection agency shall collect well	114355
log filing fees on behalf of the division of soil and water	114356
resources in the department of natural resources in accordance	114357
with section 1521.05 of the Revised Code and rules adopted under	114358
it. The fees shall be submitted to the division quarterly as	114359
provided in those rules.	114360

Sec. 6111.037. (A) ~~There is hereby created in the state~~	114361
~~treasury the nonpoint source pollution management fund. The fund~~	114362
~~shall consist of grant moneys received under~~For purposes of state	114363
nonpoint source pollution management and pursuant to section 319	114364
of the "Federal Water Pollution Control Act," ~~for purposes of~~	114365
~~assisting with the development and implementation of a~~	114366
~~comprehensive nonpoint source pollution management program~~	114367
~~pursuant to that section of the act. Moneys credited to the fund~~	114368
~~may be used for purposes of research, planning, water quality~~	114369
~~assessments, demonstration projects, enforcement, technical~~	114370
~~assistance, education, and training regarding management of~~	114371
~~nonpoint sources of water pollution. The~~the director of	114372
environmental protection may enter into agreements to receive	114373
grant moneys for ~~the~~ nonpoint source pollution management ~~fund and~~	114374
for deposit into the state treasury to the credit of the water	114375
quality protection fund created in section 6111.0381 of the	114376
Revised Code. The director may enter into agreements to make	114377
grants of moneys credited to the fund under this section,	114378
including, without limitation, passthrough grants to other state	114379
departments or agencies.	114380

(B) The director shall periodically prepare and, by rules	114381
adopted under division (O) of section 6111.036 of the Revised	114382
Code, establish a priority system for identifying activities	114383
eligible for assistance under this section. The priority system	114384
shall ensure that financial assistance available under this	114385
section is first provided to:	114386

(1) Control particularly difficult or serious nonpoint source	114387
pollution problems, including, without limitation, problems	114388
resulting from mining activities;	114389

(2) Implement innovative methods or practices for controlling	114390
nonpoint sources of pollution, including, without limitation,	114391
regulatory programs that the director determines are appropriate;	114392

(3) Control interstate nonpoint source pollution problems;

114393

(4) Implement ground and surface water quality protection	114394
activities that the director determines are part of a	114395
comprehensive nonpoint source pollution control program, which	114396
activities include research, planning, ~~ground~~ water quality	114397
assessments, demonstration programs, enforcement, technical	114398
assistance, education, and training to protect ~~ground~~ water	114399
quality from nonpoint sources of pollution.	114400

Sec. 6111.32. (A) The director of environmental protection,	114401
on behalf of the state, may apply for approval from the United	114402
States environmental protection agency, in accordance with 33	114403
U.S.C. 1344(g)(1), for the state to assume responsibility for	114404
administering the section 404 permitting program for the discharge	114405
of dredged or fill material into navigable waters established	114406
under the Federal Water Pollution Control Act.	114407

(B) Upon approval by the United States environmental	114408
protection agency of the state's application to assume	114409
responsibility for administering the section 404 permitting	114410
program, the director shall administer the program consistent with	114411
and in the manner required by the Federal Water Pollution Control	114412
Act.	114413

(C) The director may adopt rules in accordance with Chapter	114414
119. of the Revised Code that are necessary to obtain approval to	114415
administer the section 404 permitting program and to administer	114416
the program upon receiving approval to do so. The rules shall	114417
govern or establish all of the following, without limitation:	114418

(1) The issuance of permits. The rules adopted under division	114419
(C)(1) of this section shall do all of the following:	114420

(a) Require compliance with any applicable requirements of 33	114421
U.S.C. 1317 and 33 U.S.C. 1344, including, but not limited to, the	114422
guidelines established under 33 U.S.C. 1344(b)(1);	114423

(b) Require a permit to be issued for a fixed term not to	114424
exceed five years;	114425

(c) Specify that a permit may be terminated or modified for	114426
cause, including, but not limited to, all the following:	114427

(i) A violation of any condition of the permit;

114428

(ii) Obtaining a permit by misrepresentation or failure to	114429
disclose fully all relevant facts related to the permit;	114430

(iii) A change in any condition that requires either a	114431
temporary or permanent reduction or elimination of the permitted	114432
discharge.	114433

(2) Requirements that ensure compliance with 33 U.S.C. 1318,	114434
including requirements for the inspection of, monitoring of, and	114435
right to enter property that is the subject of a section 404	114436
permit and requirements governing the content and submission of	114437
reports;	114438

(3) The provision of notice regarding the receipt of an	114439
application for a section 404 permit to the public, any other	114440
state with waters that may be affected by the issuance of the	114441
permit, and the administrator of the United States environmental	114442
protection agency;	114443

(4) The opportunity for a public hearing regarding an	114444
application for a section 404 permit to be conducted before	114445
issuance or denial of the permit;	114446

(5) Requirements that authorize any other state with waters	114447
that may be affected by the issuance of a section 404 permit by	114448
the director to submit written recommendations to the director and	114449
the administrator of the United States environmental protection	114450
agency with respect to the permit application. The rules shall	114451
require the director to notify a state that has submitted	114452
recommendations if any or all of the recommendations are not	114453
accepted by the director and the reasons that the recommendations	114454
are not accepted. The rules shall require the notice to be in	114455
writing and a copy of the notice to be provided to the	114456
administrator.	114457

(6) Requirements that the director ensure that a section 404	114458
permit will not be issued if anchorage and navigation of any	114459
navigable waters would be substantially impaired. The rules shall	114460
require the director to do so based on the judgment of the	114461
secretary of the United States army after consultation with the	114462
secretary of the department of the federal government under which	114463
the United States coast guard is operating at the time that the	114464
application for the permit is submitted.	114465

(7) Enforcement with regard to a violation of the terms of a	114466
permit or a violation of the permit program administered under	114467
this section. The rules adopted under division (C)(7) of this	114468
section shall establish requirements governing abatements of	114469
violations, civil and criminal penalties, and other means of	114470
enforcement.	114471

(8) Coordination with federal and state water-related	114472
planning and review processes.	114473

(D) This section is intended solely to authorize the	114474
environmental protection agency to assume the role of the United	114475
States army corps of engineers in the regulation of the navigable	114476
waters of this state. Nothing in this section shall be construed	114477
as a preemption, modification, or amendment of Title 33 of the	114478
United States Code. This section shall not be enforced as an	114479
expansion of the laws, regulations, rules, or regulatory authority	114480
of the federal government. Any rule, policy, or permit adopted or	114481
issued by the director under this section shall not conflict with	114482
existing federal law and shall not exceed the limitations placed	114483
by the United States congress on the United States army corps of	114484
engineers.	114485

Section 101.02. That existing sections 9.03, 9.231, 9.239,	114486
9.24, 9.823, 9.833, 9.90, 9.901, 101.39, 101.391, 103.144, 105.41,	114487
107.033, 107.12, 109.06, 109.36, 109.57, 109.572, 109.71, 109.746,	114488
109.77, 109.85, 109.86, 109.90, 111.02, 111.15, 111.28, 113.02,	114489
113.061, 117.03, 117.10, 117.20, 119.01, 120.06, 121.02, 121.03,	114490
121.11, 121.22, 121.35, 121.37, 121.372, 122.075, 122.17, 122.175,	114491
122.28, 122.30, 122.31, 122.32, 122.33, 122.34, 122.35, 122.36,	114492
122.58, 122.66, 122.67, 122.68, 122.69, 122.70, 122.701, 122.76,	114493
123.01, 123.10, 123.11, 123.201, 123.21, 123.27, 124.11, 124.14,	114494
124.141, 124.15, 124.18, 124.30, 124.341, 124.381, 125.05, 125.21,	114495
125.212, 125.28, 125.602, 125.603, 125.832, 125.836, 126.07,	114496
126.14, 126.32, 126.35, 126.45, 126.46, 126.47, 126.48, 127.14,	114497
127.16, 133.06, 140.01, 140.03, 140.05, 145.01, 145.012, 145.22,	114498
149.43, 151.11, 152.09, 153.692, 154.01, 154.17, 154.20, 154.22,	114499
154.23, 154.25, 156.02, 156.03, 156.04, 156.05, 166.03, 166.04,	114500
169.01, 169.02, 169.03, 169.05, 169.06, 169.07, 169.08, 169.13,	114501
169.14, 169.16, 173.03, 173.14, 173.20, 173.21, 173.26, 173.27,	114502
173.39, 173.391, 173.392, 173.394, 173.40, 173.401, 173.402,	114503
173.403, 173.404, 173.42, 173.43, 173.431, 173.432, 173.434,	114504
173.45, 173.47, 173.50, 173.501, 191.01, 191.02, 191.04, 191.06,	114505
307.674, 307.86, 317.08, 317.36, 321.44, 329.04, 329.051, 329.06,	114506
329.14, 333.01, 339.02, 339.05, 339.06, 339.07, 340.01, 340.011,	114507
340.02, 340.021, 340.03, 340.031, 340.032, 340.04, 340.05, 340.07,	114508
340.09, 340.091, 340.10, 340.11, 340.12, 340.13, 340.15, 340.16,	114509
341.192, 351.12, 737.41, 742.14, 901.21, 901.22, 901.23, 903.99,	114510
909.15, 927.54, 955.201, 991.03, 991.04, 991.06, 1327.46, 1327.50,	114511
1327.501, 1327.61, 1327.99, 1337.11, 1347.08, 1501.011, 1501.45,	114512
1509.01, 1509.02, 1509.06, 1509.062, 1509.10, 1509.11, 1509.22,	114513
1509.226, 1509.31, 1509.34, 1531.06, 1531.99, 1541.03, 1545.071,	114514
1547.01, 1547.542, 1547.99, 1551.33, 1551.35, 1555.15, 1701.86,	114515
1701.922, 1703.29, 1739.061, 1751.01, 1751.11, 1751.12, 1751.31,	114516
1923.14, 2101.24, 2113.041, 2113.06, 2117.061, 2117.25, 2133.01,	114517
2133.25, 2151.011, 2151.3514, 2151.362, 2151.83, 2152.54, 2152.59,	114518
2307.65, 2317.02, 2317.422, 2505.02, 2743.02, 2744.05, 2901.30,	114519
2903.33, 2913.40, 2919.271, 2921.01, 2921.22, 2921.36, 2921.38,	114520
2923.126, 2925.03, 2929.13, 2929.15, 2930.01, 2935.03, 2935.33,	114521
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2951.041,	114522
2967.22, 2981.12, 3101.051, 3107.083, 3109.15, 3111.72, 3119.29,	114523
3121.441, 3121.89, 3121.891, 3121.892, 3121.893, 3121.898,	114524
3123.958, 3125.36, 3301.07, 3301.0714, 3301.0715, 3301.0723,	114525
3301.15, 3302.042, 3302.22, 3303.41, 3304.11, 3304.12, 3304.13,	114526
3304.14, 3304.15, 3304.16, 3304.17, 3304.18, 3304.181, 3304.182,	114527
3304.19, 3304.20, 3304.21, 3304.22, 3304.23, 3304.231, 3304.24,	114528
3304.25, 3304.27, 3304.28, 3304.41, 3307.51, 3309.21, 3310.01,	114529
3310.02, 3310.03, 3310.05, 3310.06, 3310.08, 3310.51, 3310.56,	114530
3311.05, 3311.053, 3311.0510, 3311.19, 3311.22, 3311.231, 3311.38,	114531
3311.78, 3312.08, 3313.01, 3313.11, 3313.35, 3313.372, 3313.376,	114532
3313.42, 3313.48, 3313.483, 3313.484, 3313.488, 3313.4810,	114533
3313.533, 3313.60, 3313.603, 3313.6013, 3313.6016, 3313.62,	114534
3313.64, 3313.646, 3313.65, 3313.714, 3313.715, 3313.82, 3313.83,	114535
3313.841, 3313.843, 3313.845, 3313.847, 3313.88, 3313.98,	114536
3313.981, 3314.015, 3314.029, 3314.03, 3314.074, 3314.08,	114537
3314.083, 3314.084, 3314.087, 3314.091, 3314.11, 3314.26, 3315.06,	114538
3315.07, 3315.18, 3315.33, 3315.40, 3315.42, 3316.041, 3316.06,	114539
3317.01, 3317.013, 3317.021, 3317.023, 3317.0212, 3317.03,	114540
3317.032, 3317.05, 3317.06, 3317.08, 3317.10, 3317.12, 3317.14,	114541
3317.141, 3317.15, 3317.18, 3317.19, 3317.20, 3317.201, 3317.50,	114542
3317.51, 3318.011, 3318.031, 3318.08, 3318.31, 3318.363, 3319.073,	114543
3319.17, 3319.22, 3319.235, 3319.57, 3321.01, 3321.04, 3321.05,	114544
3321.13, 3321.14, 3321.15, 3323.021, 3323.03, 3323.04, 3323.07,	114545
3323.08, 3323.09, 3323.091, 3323.13, 3323.14, 3323.141, 3323.142,	114546
3324.07, 3326.11, 3326.31, 3326.32, 3326.33, 3326.36, 3326.38,	114547
3326.45, 3327.02, 3327.10, 3328.24, 3328.34, 3333.041, 3333.35,	114548
3333.43, 3333.82, 3333.86, 3345.06, 3345.12, 3345.45, 3353.01,	114549
3353.06, 3365.02, 3365.03, 3365.04, 3365.041, 3365.05, 3365.06,	114550
3365.08, 3383.01, 3383.07, 3501.01, 3513.04, 3513.041, 3513.052,	114551
3513.10, 3513.251, 3513.253, 3513.254, 3513.256, 3513.257,	114552
3513.261, 3599.45, 3701.023, 3701.024, 3701.027, 3701.13,	114553
3701.132, 3701.243, 3701.261, 3701.262, 3701.264, 3701.342,	114554
3701.344, 3701.507, 3701.74, 3701.741, 3701.742, 3701.78, 3701.83,	114555
3701.881, 3701.921, 3701.922, 3701.99, 3702.521, 3702.55, 3702.62,	114556
3702.74, 3702.91, 3706.01, 3709.01, 3709.03, 3709.05, 3709.051,	114557
3709.10, 3709.15, 3709.29, 3712.07, 3713.06, 3714.07, 3718.06,	114558
3719.61, 3721.01, 3721.011, 3721.02, 3721.022, 3721.024, 3721.026,	114559
3721.042, 3721.071, 3721.08, 3721.10, 3721.12, 3721.13, 3721.14,	114560
3721.15, 3721.16, 3721.17, 3721.19, 3721.50, 3721.51, 3721.511,	114561
3721.512, 3721.513, 3721.52, 3721.53, 3721.531, 3721.532,	114562
3721.533, 3721.54, 3721.541, 3721.55, 3721.56, 3721.57, 3721.58,	114563
3727.01, 3734.01, 3734.02, 3734.20, 3734.28, 3734.57, 3734.901,	114564
3734.907, 3735.58, 3737.02, 3737.83, 3737.841, 3737.88, 3742.31,	114565
3742.32, 3745.11, 3745.113, 3748.01, 3748.04, 3769.08, 3769.087,	114566
3769.088, 3770.01, 3770.02, 3770.06, 3772.03, 3772.062, 3772.091,	114567
3781.112, 3793.01, 3793.031, 3793.032, 3793.051, 3793.10, 3793.11,	114568
3793.12, 3793.13, 3793.15, 3793.16, 3793.18, 3793.22, 3793.31,	114569
3793.32, 3793.33, 3793.34, 3793.35, 3793.36, 3793.37, 3793.38,	114570
3793.39, 3795.01, 3798.01, 3901.3814, 3905.40, 3905.862, 3923.281,	114571
3923.443, 3923.49, 3923.50, 3923.601, 3923.83, 3924.42, 3951.01,	114572
3963.04, 4104.33, 4112.12, 4112.31, 4115.034, 4115.32, 4117.06,	114573
4117.14, 4117.15, 4121.50, 4121.69, 4123.57, 4131.03, 4141.162,	114574
4301.10, 4301.30, 4301.43, 4305.131, 4503.06, 4503.44, 4510.038,	114575
4510.45, 4511.19, 4511.191, 4701.03, 4707.073, 4707.10, 4715.36,	114576
4715.372, 4719.01, 4723.17, 4723.18, 4723.35, 4723.481, 4729.69,	114577
4729.80, 4729.81, 4731.151, 4731.71, 4734.41, 4751.01, 4751.02,	114578
4751.03, 4751.04, 4751.041, 4751.05, 4751.06, 4751.07, 4751.08,	114579
4751.10, 4751.11, 4751.12, 4751.13, 4755.481, 4758.10, 4758.11,	114580
4761.01, 4905.31, 5101.01, 5101.11, 5101.141, 5101.16, 5101.162,	114581
5101.18, 5101.181, 5101.183, 5101.184, 5101.26, 5101.271,	114582
5101.272, 5101.273, 5101.30, 5101.31, 5101.34, 5101.35, 5101.36,	114583
5101.46, 5101.47, 5101.49, 5101.50, 5101.501, 5101.502, 5101.51,	114584
5101.511, 5101.512, 5101.513, 5101.516, 5101.517, 5101.519,	114585
5101.5110, 5101.52, 5101.521, 5101.522, 5101.524, 5101.527,	114586
5101.571, 5101.572, 5101.573, 5101.574, 5101.575, 5101.58,	114587
5101.59, 5101.591, 5101.60, 5101.61, 5103.02, 5103.0323, 5103.13,	114588
5103.42, 5104.012, 5104.013, 5104.02, 5104.021, 5104.03, 5104.08,	114589
5104.11, 5104.12, 5104.32, 5107.10, 5107.14, 5107.16, 5107.20,	114590
5107.24, 5107.26, 5107.42, 5107.64, 5111.01, 5111.011, 5111.013,	114591
5111.016, 5111.018, 5111.0112, 5111.0114, 5111.0116, 5111.0117,	114592
5111.0118, 5111.0119, 5111.02, 5111.021, 5111.022, 5111.023,	114593
5111.024, 5111.025, 5111.027, 5111.028, 5111.029, 5111.0210,	114594
5111.0211, 5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.03,	114595
5111.031, 5111.032, 5111.033, 5111.034, 5111.035, 5111.04,	114596
5111.042, 5111.05, 5111.051, 5111.052, 5111.053, 5111.054,	114597
5111.06, 5111.061, 5111.062, 5111.063, 5111.07, 5111.071, 5111.08,	114598
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.086,	114599
5111.09, 5111.091, 5111.092, 5111.10, 5111.101, 5111.102, 5111.11,	114600
5111.111, 5111.112, 5111.113, 5111.114, 5111.12, 5111.121,	114601
5111.13, 5111.14, 5111.141, 5111.15, 5111.151, 5111.16, 5111.161,	114602
5111.162, 5111.163, 5111.17, 5111.171, 5111.172, 5111.173,	114603
5111.174, 5111.175, 5111.177, 5111.178, 5111.179, 5111.1710,	114604
5111.1711, 5111.18, 5111.181, 5111.19, 5111.191, 5111.20,	114605
5111.201, 5111.202, 5111.203, 5111.204, 5111.21, 5111.212,	114606
5111.22, 5111.221, 5111.222, 5111.223, 5111.224, 5111.225,	114607
5111.226, 5111.23, 5111.231, 5111.232, 5111.233, 5111.235,	114608
5111.24, 5111.241, 5111.242, 5111.244, 5111.245, 5111.246,	114609
5111.25, 5111.251, 5111.254, 5111.255, 5111.257, 5111.258,	114610
5111.259, 5111.26, 5111.261, 5111.262, 5111.263, 5111.264,	114611
5111.265, 5111.266, 5111.27, 5111.271, 5111.28, 5111.29, 5111.291,	114612
5111.30, 5111.31, 5111.32, 5111.33, 5111.331, 5111.35, 5111.36,	114613
5111.37, 5111.38, 5111.39, 5111.40, 5111.41, 5111.411, 5111.42,	114614
5111.43, 5111.44, 5111.45, 5111.46, 5111.47, 5111.48, 5111.49,	114615
5111.50, 5111.51, 5111.511, 5111.52, 5111.53, 5111.54, 5111.55,	114616
5111.56, 5111.57, 5111.58, 5111.59, 5111.60, 5111.61, 5111.62,	114617
5111.63, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	114618
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	114619
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	114620
5111.688, 5111.689, 5111.71, 5111.711, 5111.712, 5111.713,	114621
5111.714, 5111.715, 5111.83, 5111.84, 5111.85, 5111.851, 5111.852,	114622
5111.853, 5111.854, 5111.855, 5111.856, 5111.86, 5111.861,	114623
5111.862, 5111.863, 5111.864, 5111.865, 5111.87, 5111.871,	114624
5111.872, 5111.873, 5111.874, 5111.875, 5111.876, 5111.877,	114625
5111.878, 5111.879, 5111.88, 5111.881, 5111.882, 5111.883,	114626
5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889,	114627
5111.8810, 5111.89, 5111.891, 5111.892, 5111.893, 5111.894,	114628
5111.90, 5111.91, 5111.911, 5111.912, 5111.914, 5111.915, 5111.92,	114629
5111.93, 5111.94, 5111.941, 5111.943, 5111.944, 5111.945, 5111.96,	114630
5111.97, 5111.98, 5111.981, 5111.982, 5111.99, 5112.01, 5112.03,	114631
5112.04, 5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10,	114632
5112.11, 5112.17, 5112.18, 5112.19, 5112.21, 5112.30, 5112.31,	114633
5112.32, 5112.33, 5112.331, 5112.34, 5112.341, 5112.35, 5112.37,	114634
5112.371, 5112.38, 5112.39, 5112.40, 5112.41, 5112.42, 5112.43,	114635
5112.44, 5112.45, 5112.46, 5112.47, 5112.48, 5112.99, 5112.991,	114636
5119.01, 5119.012, 5119.02, 5119.04, 5119.06, 5119.061, 5119.07,	114637
5119.071, 5119.072, 5119.08, 5119.10, 5119.101, 5119.11, 5119.12,	114638
5119.14, 5119.16, 5119.161, 5119.17, 5119.18, 5119.20, 5119.201,	114639
5119.202, 5119.21, 5119.22, 5119.221, 5119.23, 5119.24, 5119.27,	114640
5119.30, 5119.33, 5119.34, 5119.35, 5119.351, 5119.36, 5119.42,	114641
5119.43, 5119.44, 5119.46, 5119.51, 5119.57, 5119.60, 5119.61,	114642
5119.611, 5119.612, 5119.613, 5119.62, 5119.621, 5119.622,	114643
5119.63, 5119.631, 5119.69, 5119.691, 5119.99, 5120.07, 5120.09,	114644
5120.135, 5120.17, 5120.171, 5120.652, 5120.654, 5121.051,	114645
5121.30, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36, 5121.37,	114646
5121.38, 5121.40, 5121.42, 5121.43, 5121.44, 5121.45, 5121.46,	114647
5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.55, 5122.01,	114648
5122.03, 5122.10, 5122.11, 5122.12, 5122.13, 5122.15, 5122.17,	114649
5122.18, 5122.19, 5122.20, 5122.21, 5122.23, 5122.25, 5122.26,	114650
5122.27, 5122.271, 5122.31, 5122.311, 5122.32, 5122.33, 5122.34,	114651
5122.341, 5122.39, 5122.43, 5122.44, 5122.45, 5122.46, 5122.47,	114652
5123.01, 5123.021, 5123.022, 5123.03, 5123.0412, 5123.0417,	114653
5123.09, 5123.171, 5123.19, 5123.192, 5123.197, 5123.198, 5123.38,	114654
5123.61, 5123.86, 5126.01, 5126.05, 5126.051, 5126.054, 5126.055,	114655
5126.24, 5139.03, 5139.04, 5139.08, 5139.34, 5145.162, 5145.18,	114656
5153.16, 5302.221, 5309.082, 5505.12, 5507.46, 5511.03, 5701.13,	114657
5703.02, 5703.052, 5703.059, 5703.21, 5703.37, 5703.82, 5705.221,	114658
5705.27, 5705.32, 5705.37, 5705.412, 5713.01, 5713.05, 5713.051,	114659
5715.24, 5715.33, 5717.01, 5717.011, 5717.02, 5717.04, 5726.20,	114660
5727.01, 5727.26, 5727.84, 5727.89, 5728.10, 5731.39, 5733.01,	114661
5733.04, 5733.06, 5733.11, 5733.98, 5735.12, 5735.34, 5739.01,	114662
5739.011, 5739.02, 5739.021, 5739.023, 5739.026, 5739.027,	114663
5739.029, 5739.03, 5739.033, 5739.051, 5739.071, 5739.13, 5739.21,	114664
5739.211, 5741.01, 5741.02, 5741.021, 5741.022, 5741.023, 5741.05,	114665
5743.05, 5743.081, 5743.15, 5743.56, 5745.12, 5747.01, 5747.02,	114666
5747.022, 5747.025, 5747.05, 5747.08, 5747.10, 5747.11, 5747.113,	114667
5747.122, 5747.13, 5747.21, 5747.22, 5747.47, 5747.501, 5747.98,	114668
5748.01, 5749.01, 5749.02, 5749.03, 5749.06, 5749.07, 5749.08,	114669
5749.10, 5749.12, 5749.13, 5749.14, 5749.15, 5749.17, 5751.014,	114670
5751.07, 5751.081, 5751.09, 5751.20, 5751.21, 5753.01, 5753.03,	114671
5753.07, 5815.28, 5905.02, 5910.02, 5910.07, 5919.34, 5924.502,	114672
5924.503, 5924.504, 5924.506, 6109.21, and 6111.037 of the Revised	114673
Code are hereby repealed.	114674

Section 105.01. That sections 122.15, 122.151, 122.152,	114675
122.153, 122.154, 122.29, 123.23, 125.837, 125.838, 173.425,	114676
173.433, 183.28, 184.04, 340.022, 340.033, 340.06, 340.14,	114677
1509.50, 1513.371, 1531.34, 1547.721, 1547.722, 1547.723,	114678
1547.724, 1547.725, 1547.726, 3304.26, 3304.38, 3311.054,	114679
3311.056, 3311.057, 3313.481, 3313.482, 3313.4811, 3314.088,	114680
3314.13, 3317.012, 3317.014, 3317.018, 3317.02, 3317.022,	114681
3317.029, 3317.0217, 3317.051, 3317.052, 3317.053, 3317.11,	114682
3317.13, 3317.16, 3317.62, 3317.63, 3317.64, 3318.023, 3323.16,	114683
3326.34, 3326.39, 3345.81, 3353.02, 3353.03, 3353.04, 3353.09,	114684
3353.15, 3353.20, 3365.01, 3365.021, 3365.07, 3365.09, 3365.10,	114685
3365.11, 3365.12, 3365.15, 3383.02, 3383.03, 3383.04, 3383.05,	114686
3383.06, 3383.08, 3383.09, 3513.255, 3701.072, 3701.263, 3701.343,	114687
3701.90, 3701.901, 3701.902, 3701.903, 3701.904, 3701.905,	114688
3701.906, 3701.907, 3793.02, 3793.03, 3793.04, 3793.041, 3793.05,	114689
3793.06, 3793.061, 3793.08, 3793.09, 3793.19, 3793.20, 3793.21,	114690
3793.99, 5101.503, 5101.514, 5101.515, 5101.518, 5101.523,	114691
5101.525, 5101.526, 5101.528, 5101.529, 5111.012, 5111.014,	114692
5111.015, 5111.0110, 5111.0111, 5111.0113, 5111.0115, 5111.0120,	114693
5111.0121, 5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.176,	114694
5111.211, 5111.236, 5111.65, 5111.70, 5111.701, 5111.702,	114695
5111.703, 5111.704, 5111.705, 5111.706, 5111.707, 5111.708,	114696
5111.709, 5111.7011, 5111.8710, 5111.8811, 5111.913, 5111.942,	114697
5111.946, 5119.011, 5119.013, 5119.03, 5119.05, 5119.623, 5119.64,	114698
5119.65, 5119.66, 5119.67, 5119.68, 5707.05, 5727.41, 5733.35,	114699
5747.211, 5747.33, 6101.451, and 6111.029 of the Revised Code are	114700
hereby repealed.	114701

Section 110.10. That section 3313.88 of the Revised Code as	114702
it results from Section 101.01 of this act be amended and	114703
recodified as section 3313.482 of the Revised Code to read as	114704
follows:	114705

~~Sec. 3313.88.~~ Sec. 3313.482. (A)(1) Prior to the first day of	114706
August of each school year, the board of education of any school	114707
district or the governing authority of any chartered nonpublic	114708
school may submit to the department of education a plan to require	114709
students to access and complete classroom lessons posted on the	114710
district's or nonpublic school's web portal or web site in order	114711
to make up ~~days~~hours in that school year on which it is	114712
necessary to close schools for ~~any of the reasons specified in~~	114713
~~division (B) of section 3317.01 of the Revised Code in excess of~~	114714
~~the number of days permitted under sections 3313.48, 3313.481, and~~	114715
~~3317.01 of the Revised Code~~disease epidemic, hazardous weather	114716
conditions, law enforcement emergencies, inoperability of school	114717
buses or other equipment necessary to the school's operation,	114718
damage to a school building, or other temporary circumstances due	114719
to utility failure rendering the school building unfit for school	114720
use.	114721

Prior to the first day of August of each school year, the	114722
governing authority of any community school established under	114723
Chapter 3314. that is not an internet- or computer-based community	114724
school, as defined in section 3314.02 of the Revised Code, may	114725
submit to the department a plan to require students to access and	114726
complete classroom lessons posted on the school's web portal or	114727
web site in order to make up ~~days or~~ hours in that school year on	114728
which it is necessary to close the school for any of the reasons	114729
specified in division (H)(4) of section 3314.08 of the Revised	114730
Code so that the school is in compliance with the minimum number	114731
of hours required under Chapter 3314. of the Revised Code.	114732

A plan submitted by a school district board or, chartered	114733
nonpublic school governing authority ~~shall provide for making up~~	114734
~~any number of days, up to a maximum of three days. A plan~~	114735
~~submitted by a~~, or community school governing authority shall	114736
provide for making up any number of hours, up to a maximum of the	114737
number of hours that are the equivalent of three school days.	114738
Provided the plan meets all requirements of this section, the	114739
department shall permit the board or governing authority to	114740
implement the plan for the applicable school year.	114741

(2) Each plan submitted under this section by a school	114742
district board of education shall include the written consent of	114743
the teachers' employee representative designated under division	114744
(B) of section 4117.04 of the Revised Code.	114745

(3) Each plan submitted under this section shall provide for	114746
the following:	114747

(a) Not later than the first day of November of the school	114748
year, each classroom teacher shall develop a sufficient number of	114749
lessons for each course taught by the teacher that school year to	114750
cover the number of make-up ~~days or~~ hours specified in the plan.	114751
The teacher shall designate the order in which the lessons are to	114752
be posted on the district's, community school's, or nonpublic	114753
school's web portal or web site in the event of a school closure.	114754
Teachers may be granted up to one professional development day to	114755
create lesson plans for those lessons.	114756

(b) To the extent possible and necessary, a classroom teacher	114757
shall update or replace, based on current instructional progress,	114758
one or more of the lesson plans developed under division (A)(3)(a)	114759
of this section before they are posted on the web portal or web	114760
site under division (A)(3)(c) of this section or distributed under	114761
division (B) of this section.	114762

(c) As soon as practicable after a school closure, a district	114763
or school employee responsible for web portal or web site	114764
operations shall make the designated lessons available to students	114765
on the district's, community school's, or nonpublic school's	114766
portal or site. A lesson shall be posted for each course that was	114767
scheduled to meet on the day or hours of the closure.	114768

(d) Each student enrolled in a course for which a lesson is	114769
posted on the portal or site shall be granted a two-week period	114770
from the date of posting to complete the lesson. The student's	114771
classroom teacher shall grade the lesson in the same manner as	114772
other lessons. The student may receive an incomplete or failing	114773
grade if the lesson is not completed on time.	114774

(e) If a student does not have access to a computer at the	114775
student's residence and the plan does not include blizzard bags	114776
under division (B) of this section, the student shall be permitted	114777
to work on the posted lessons at school after the student's school	114778
reopens. If the lessons were posted prior to the reopening, the	114779
student shall be granted a two-week period from the date of the	114780
reopening, rather than from the date of posting as otherwise	114781
required under division (A)(3)(d) of this section, to complete the	114782
lessons. The district board or community school or nonpublic	114783
school governing authority may provide the student access to a	114784
computer before, during, or after the regularly scheduled school	114785
day or may provide a substantially similar paper lesson in order	114786
to complete the lessons.	114787

(B)(1) In addition to posting classroom lessons online under	114788
division (A) of this section, the board of education of any school	114789
district or governing authority of any community or chartered	114790
nonpublic school may include in the plan distribution of "blizzard	114791
bags," which are paper copies of the lessons posted online.	114792

(2) If a school opts to use blizzard bags, teachers shall	114793
prepare paper copies in conjunction with the lessons to be posted	114794
online and update the paper copies whenever the teacher updates	114795
the online lesson plans.	114796

(3) The board of education of any school district or	114797
governing authority of any community or chartered nonpublic school	114798
that opts to use blizzard bags shall specify in the plan the	114799
method of distribution of blizzard bag lessons, which may include,	114800
but not be limited to, requiring distribution by a specific	114801
deadline or requiring distribution prior to anticipated school	114802
closure as directed by the superintendent of a school district or	114803
the principal, director, chief administrative officer, or the	114804
equivalent, of a school.	114805

(4) Students shall turn in completed lessons in accordance	114806
with division (A)(3)(d) of this section.	114807

(C)(1) No school district that implements a plan in	114808
accordance with this section shall be considered to have failed to	114809
comply with division (B) of section 3317.01 of the Revised Code	114810
with respect to the number of make-up ~~days~~hours specified in the	114811
plan.	114812

(2) No community school that implements a plan in accordance	114813
with this section shall be considered to have failed to comply	114814
with the minimum number of hours required under Chapter 3314. of	114815
the Revised Code with respect to the number of make-up hours	114816
specified in the plan.	114817

Section 110.11. That existing section 3313.88 of the Revised	114818
Code is hereby repealed.	114819

Section 110.12. Sections 110.10 and 110.11 of this act shall	114820
take effect July 1, 2014.	114821

Section 110.20. That the versions of sections 109.57,	114822
2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08, and	114823
5104.32 of the Revised Code that are scheduled to take effect	114824
January 1, 2014, be amended to read as follows:	114825

Sec. 109.57. (A)(1) The superintendent of the bureau of	114826
criminal identification and investigation shall procure from	114827
wherever procurable and file for record photographs, pictures,	114828
descriptions, fingerprints, measurements, and other information	114829
that may be pertinent of all persons who have been convicted of	114830
committing within this state a felony, any crime constituting a	114831
misdemeanor on the first offense and a felony on subsequent	114832
offenses, or any misdemeanor described in division (A)(1)(a),	114833
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, of	114834
all children under eighteen years of age who have been adjudicated	114835
delinquent children for committing within this state an act that	114836
would be a felony or an offense of violence if committed by an	114837
adult or who have been convicted of or pleaded guilty to	114838
committing within this state a felony or an offense of violence,	114839
and of all well-known and habitual criminals. The person in charge	114840
of any county, multicounty, municipal, municipal-county, or	114841
multicounty-municipal jail or workhouse, community-based	114842
correctional facility, halfway house, alternative residential	114843
facility, or state correctional institution and the person in	114844
charge of any state institution having custody of a person	114845
suspected of having committed a felony, any crime constituting a	114846
misdemeanor on the first offense and a felony on subsequent	114847
offenses, or any misdemeanor described in division (A)(1)(a),	114848
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code or	114849
having custody of a child under eighteen years of age with respect	114850
to whom there is probable cause to believe that the child may have	114851
committed an act that would be a felony or an offense of violence	114852
if committed by an adult shall furnish such material to the	114853
superintendent of the bureau. Fingerprints, photographs, or other	114854
descriptive information of a child who is under eighteen years of	114855
age, has not been arrested or otherwise taken into custody for	114856
committing an act that would be a felony or an offense of violence	114857
who is not in any other category of child specified in this	114858
division, if committed by an adult, has not been adjudicated a	114859
delinquent child for committing an act that would be a felony or	114860
an offense of violence if committed by an adult, has not been	114861
convicted of or pleaded guilty to committing a felony or an	114862
offense of violence, and is not a child with respect to whom there	114863
is probable cause to believe that the child may have committed an	114864
act that would be a felony or an offense of violence if committed	114865
by an adult shall not be procured by the superintendent or	114866
furnished by any person in charge of any county, multicounty,	114867
municipal, municipal-county, or multicounty-municipal jail or	114868
workhouse, community-based correctional facility, halfway house,	114869
alternative residential facility, or state correctional	114870
institution, except as authorized in section 2151.313 of the	114871
Revised Code.	114872

(2) Every clerk of a court of record in this state, other	114873
than the supreme court or a court of appeals, shall send to the	114874
superintendent of the bureau a weekly report containing a summary	114875
of each case involving a felony, involving any crime constituting	114876
a misdemeanor on the first offense and a felony on subsequent	114877
offenses, involving a misdemeanor described in division (A)(1)(a),	114878
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, or	114879
involving an adjudication in a case in which a child under	114880
eighteen years of age was alleged to be a delinquent child for	114881
committing an act that would be a felony or an offense of violence	114882
if committed by an adult. The clerk of the court of common pleas	114883
shall include in the report and summary the clerk sends under this	114884
division all information described in divisions (A)(2)(a) to (f)	114885
of this section regarding a case before the court of appeals that	114886
is served by that clerk. The summary shall be written on the	114887
standard forms furnished by the superintendent pursuant to	114888
division (B) of this section and shall include the following	114889
information:	114890

(a) The incident tracking number contained on the standard	114891
forms furnished by the superintendent pursuant to division (B) of	114892
this section;	114893

(b) The style and number of the case;

114894

114895

(d) The date that the person was convicted of or pleaded	114896
guilty to the offense, adjudicated a delinquent child for	114897
committing the act that would be a felony or an offense of	114898
violence if committed by an adult, found not guilty of the	114899
offense, or found not to be a delinquent child for committing an	114900
act that would be a felony or an offense of violence if committed	114901
by an adult, the date of an entry dismissing the charge, an entry	114902
declaring a mistrial of the offense in which the person is	114903
discharged, an entry finding that the person or child is not	114904
competent to stand trial, or an entry of a nolle prosequi, or the	114905
date of any other determination that constitutes final resolution	114906
of the case;	114907

(e) A statement of the original charge with the section of	114908
the Revised Code that was alleged to be violated;	114909

(f) If the person or child was convicted, pleaded guilty, or	114910
was adjudicated a delinquent child, the sentence or terms of	114911
probation imposed or any other disposition of the offender or the	114912
delinquent child.	114913

If the offense involved the disarming of a law enforcement	114914
officer or an attempt to disarm a law enforcement officer, the	114915
clerk shall clearly state that fact in the summary, and the	114916
superintendent shall ensure that a clear statement of that fact is	114917
placed in the bureau's records.	114918

(3) The superintendent shall cooperate with and assist	114919
sheriffs, chiefs of police, and other law enforcement officers in	114920
the establishment of a complete system of criminal identification	114921
and in obtaining fingerprints and other means of identification of	114922
all persons arrested on a charge of a felony, any crime	114923
constituting a misdemeanor on the first offense and a felony on	114924
subsequent offenses, or a misdemeanor described in division	114925
(A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 of the	114926
Revised Code and of all children under eighteen years of age	114927
arrested or otherwise taken into custody for committing an act	114928
that would be a felony or an offense of violence if committed by	114929
an adult. The superintendent also shall file for record the	114930
fingerprint impressions of all persons confined in a county,	114931
multicounty, municipal, municipal-county, or multicounty-municipal	114932
jail or workhouse, community-based correctional facility, halfway	114933
house, alternative residential facility, or state correctional	114934
institution for the violation of state laws and of all children	114935
under eighteen years of age who are confined in a county,	114936
multicounty, municipal, municipal-county, or multicounty-municipal	114937
jail or workhouse, community-based correctional facility, halfway	114938
house, alternative residential facility, or state correctional	114939
institution or in any facility for delinquent children for	114940
committing an act that would be a felony or an offense of violence	114941
if committed by an adult, and any other information that the	114942
superintendent may receive from law enforcement officials of the	114943
state and its political subdivisions.	114944

(4) The superintendent shall carry out Chapter 2950. of the	114945
Revised Code with respect to the registration of persons who are	114946
convicted of or plead guilty to a sexually oriented offense or a	114947
child-victim oriented offense and with respect to all other duties	114948
imposed on the bureau under that chapter.	114949

(5) The bureau shall perform centralized recordkeeping	114950
functions for criminal history records and services in this state	114951
for purposes of the national crime prevention and privacy compact	114952
set forth in section 109.571 of the Revised Code and is the	114953
criminal history record repository as defined in that section for	114954
purposes of that compact. The superintendent or the	114955
superintendent's designee is the compact officer for purposes of	114956
that compact and shall carry out the responsibilities of the	114957
compact officer specified in that compact.	114958

(B) The superintendent shall prepare and furnish to every	114959
county, multicounty, municipal, municipal-county, or	114960
multicounty-municipal jail or workhouse, community-based	114961
correctional facility, halfway house, alternative residential	114962
facility, or state correctional institution and to every clerk of	114963
a court in this state specified in division (A)(2) of this section	114964
standard forms for reporting the information required under	114965
division (A) of this section. The standard forms that the	114966
superintendent prepares pursuant to this division may be in a	114967
tangible format, in an electronic format, or in both tangible	114968
formats and electronic formats.	114969

(C)(1) The superintendent may operate a center for	114970
electronic, automated, or other data processing for the storage	114971
and retrieval of information, data, and statistics pertaining to	114972
criminals and to children under eighteen years of age who are	114973
adjudicated delinquent children for committing an act that would	114974
be a felony or an offense of violence if committed by an adult,	114975
criminal activity, crime prevention, law enforcement, and criminal	114976
justice, and may establish and operate a statewide communications	114977
network to be known as the Ohio law enforcement gateway to gather	114978
and disseminate information, data, and statistics for the use of	114979
law enforcement agencies and for other uses specified in this	114980
division. The superintendent may gather, store, retrieve, and	114981
disseminate information, data, and statistics that pertain to	114982
children who are under eighteen years of age and that are gathered	114983
pursuant to sections 109.57 to 109.61 of the Revised Code together	114984
with information, data, and statistics that pertain to adults and	114985
that are gathered pursuant to those sections.	114986

(2) The superintendent or the superintendent's designee shall	114987
gather information of the nature described in division (C)(1) of	114988
this section that pertains to the offense and delinquency history	114989
of a person who has been convicted of, pleaded guilty to, or been	114990
adjudicated a delinquent child for committing a sexually oriented	114991
offense or a child-victim oriented offense for inclusion in the	114992
state registry of sex offenders and child-victim offenders	114993
maintained pursuant to division (A)(1) of section 2950.13 of the	114994
Revised Code and in the internet database operated pursuant to	114995
division (A)(13) of that section and for possible inclusion in the	114996
internet database operated pursuant to division (A)(11) of that	114997
section.	114998

(3) In addition to any other authorized use of information,	114999
data, and statistics of the nature described in division (C)(1) of	115000
this section, the superintendent or the superintendent's designee	115001
may provide and exchange the information, data, and statistics	115002
pursuant to the national crime prevention and privacy compact as	115003
described in division (A)(5) of this section.	115004

(4) The attorney general may adopt rules under Chapter 119.	115005
of the Revised Code establishing guidelines for the operation of	115006
and participation in the Ohio law enforcement gateway. The rules	115007
may include criteria for granting and restricting access to	115008
information gathered and disseminated through the Ohio law	115009
enforcement gateway. The attorney general shall permit the state	115010
medical board and board of nursing to access and view, but not	115011
alter, information gathered and disseminated through the Ohio law	115012
enforcement gateway.	115013

The attorney general may appoint a steering committee to	115014
advise the attorney general in the operation of the Ohio law	115015
enforcement gateway that is comprised of persons who are	115016
representatives of the criminal justice agencies in this state	115017
that use the Ohio law enforcement gateway and is chaired by the	115018
superintendent or the superintendent's designee.	115019

(D)(1) The following are not public records under section	115020
149.43 of the Revised Code:	115021

(a) Information and materials furnished to the superintendent	115022
pursuant to division (A) of this section;	115023

(b) Information, data, and statistics gathered or	115024
disseminated through the Ohio law enforcement gateway pursuant to	115025
division (C)(1) of this section;	115026

(c) Information and materials furnished to any board or	115027
person under division (F) or (G) of this section.	115028

(2) The superintendent or the superintendent's designee shall	115029
gather and retain information so furnished under division (A) of	115030
this section that pertains to the offense and delinquency history	115031
of a person who has been convicted of, pleaded guilty to, or been	115032
adjudicated a delinquent child for committing a sexually oriented	115033
offense or a child-victim oriented offense for the purposes	115034
described in division (C)(2) of this section.	115035

(E)(1) The attorney general shall adopt rules, in accordance	115036
with Chapter 119. of the Revised Code and subject to division	115037
(E)(2) of this section, setting forth the procedure by which a	115038
person may receive or release information gathered by the	115039
superintendent pursuant to division (A) of this section. A	115040
reasonable fee may be charged for this service. If a temporary	115041
employment service submits a request for a determination of	115042
whether a person the service plans to refer to an employment	115043
position has been convicted of or pleaded guilty to an offense	115044
listed or described in division (A)(1), (2), or (3) of section	115045
109.572 of the Revised Code, the request shall be treated as a	115046
single request and only one fee shall be charged.	115047

(2) Except as otherwise provided in this division, a rule	115048
adopted under division (E)(1) of this section may provide only for	115049
the release of information gathered pursuant to division (A) of	115050
this section that relates to the conviction of a person, or a	115051
person's plea of guilty to, a criminal offense. The superintendent	115052
shall not release, and the attorney general shall not adopt any	115053
rule under division (E)(1) of this section that permits the	115054
release of, any information gathered pursuant to division (A) of	115055
this section that relates to an adjudication of a child as a	115056
delinquent child, or that relates to a criminal conviction of a	115057
person under eighteen years of age if the person's case was	115058
transferred back to a juvenile court under division (B)(2) or (3)	115059
of section 2152.121 of the Revised Code and the juvenile court	115060
imposed a disposition or serious youthful offender disposition	115061
upon the person under either division, unless either of the	115062
following applies with respect to the adjudication or conviction:	115063

(a) The adjudication or conviction was for a violation of	115064
section 2903.01 or 2903.02 of the Revised Code.	115065

(b) The adjudication or conviction was for a sexually	115066
oriented offense, the juvenile court was required to classify the	115067
child a juvenile offender registrant for that offense under	115068
section 2152.82, 2152.83, or 2152.86 of the Revised Code, and that	115069
classification has not been removed.	115070

(F)(1) As used in division (F)(2) of this section, "head	115071
start agency" means an entity in this state that has been approved	115072
to be an agency for purposes of subchapter II of the "Community	115073
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	115074
as amended.	115075

(2)(a) In addition to or in conjunction with any request that	115076
is required to be made under section 109.572, 2151.86, 3301.32,	115077
3301.541, division (C) of section 3310.58, or section 3319.39,	115078
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, or	115079
5153.111 of the Revised Code or that is made under section	115080
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the	115081
board of education of any school district; the director of	115082
developmental disabilities; any county board of developmental	115083
disabilities; any provider or subcontractor as defined in section	115084
5123.081 of the Revised Code; the chief administrator of any	115085
chartered nonpublic school; the chief administrator of a	115086
registered private provider that is not also a chartered nonpublic	115087
school; the chief administrator of any home health agency; the	115088
chief administrator of or person operating any child day-care	115089
center, type A family day-care home, or type B family day-care	115090
home licensed under Chapter 5104. of the Revised Code; the chief	115091
administrator of any head start agency; the executive director of	115092
a public children services agency; a private company described in	115093
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised	115094
Code; or an employer described in division (J)(2) of section	115095
3327.10 of the Revised Code may request that the superintendent of	115096
the bureau investigate and determine, with respect to any	115097
individual who has applied for employment in any position after	115098
October 2, 1989, or any individual wishing to apply for employment	115099
with a board of education may request, with regard to the	115100
individual, whether the bureau has any information gathered under	115101
division (A) of this section that pertains to that individual. On	115102
receipt of the request, subject to division (E)(2) of this	115103
section, the superintendent shall determine whether that	115104
information exists and, upon request of the person, board, or	115105
entity requesting information, also shall request from the federal	115106
bureau of investigation any criminal records it has pertaining to	115107
that individual. The superintendent or the superintendent's	115108
designee also may request criminal history records from other	115109
states or the federal government pursuant to the national crime	115110
prevention and privacy compact set forth in section 109.571 of the	115111
Revised Code. Within thirty days of the date that the	115112
superintendent receives a request, subject to division (E)(2) of	115113
this section, the superintendent shall send to the board, entity,	115114
or person a report of any information that the superintendent	115115
determines exists, including information contained in records that	115116
have been sealed under section 2953.32 of the Revised Code, and,	115117
within thirty days of its receipt, subject to division (E)(2) of	115118
this section, shall send the board, entity, or person a report of	115119
any information received from the federal bureau of investigation,	115120
other than information the dissemination of which is prohibited by	115121
federal law.	115122

(b) When a board of education or a registered private	115123
provider is required to receive information under this section as	115124
a prerequisite to employment of an individual pursuant to division	115125
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	115126
may accept a certified copy of records that were issued by the	115127
bureau of criminal identification and investigation and that are	115128
presented by an individual applying for employment with the	115129
district in lieu of requesting that information itself. In such a	115130
case, the board shall accept the certified copy issued by the	115131
bureau in order to make a photocopy of it for that individual's	115132
employment application documents and shall return the certified	115133
copy to the individual. In a case of that nature, a district or	115134
provider only shall accept a certified copy of records of that	115135
nature within one year after the date of their issuance by the	115136
bureau.	115137

(c) Notwithstanding division (F)(2)(a) of this section, in	115138
the case of a request under section 3319.39, 3319.391, or 3327.10	115139
of the Revised Code only for criminal records maintained by the	115140
federal bureau of investigation, the superintendent shall not	115141
determine whether any information gathered under division (A) of	115142
this section exists on the person for whom the request is made.	115143

(3) The state board of education may request, with respect to	115144
any individual who has applied for employment after October 2,	115145
1989, in any position with the state board or the department of	115146
education, any information that a school district board of	115147
education is authorized to request under division (F)(2) of this	115148
section, and the superintendent of the bureau shall proceed as if	115149
the request has been received from a school district board of	115150
education under division (F)(2) of this section.	115151

(4) When the superintendent of the bureau receives a request	115152
for information under section 3319.291 of the Revised Code, the	115153
superintendent shall proceed as if the request has been received	115154
from a school district board of education and shall comply with	115155
divisions (F)(2)(a) and (c) of this section.	115156

(5) When a recipient of a classroom reading improvement grant	115157
paid under section 3301.86 of the Revised Code requests, with	115158
respect to any individual who applies to participate in providing	115159
any program or service funded in whole or in part by the grant,	115160
the information that a school district board of education is	115161
authorized to request under division (F)(2)(a) of this section,	115162
the superintendent of the bureau shall proceed as if the request	115163
has been received from a school district board of education under	115164
division (F)(2)(a) of this section.	115165

(G) In addition to or in conjunction with any request that is	115166
required to be made under section 3701.881, 3712.09, or 3721.121	115167
of the Revised Code with respect to an individual who has applied	115168
for employment in a position that involves providing direct care	115169
to an older adult or adult resident, the chief administrator of a	115170
home health agency, hospice care program, home licensed under	115171
Chapter 3721. of the Revised Code, or adult day-care program	115172
operated pursuant to rules adopted under section 3721.04 of the	115173
Revised Code may request that the superintendent of the bureau	115174
investigate and determine, with respect to any individual who has	115175
applied after January 27, 1997, for employment in a position that	115176
does not involve providing direct care to an older adult or adult	115177
resident, whether the bureau has any information gathered under	115178
division (A) of this section that pertains to that individual.	115179

In addition to or in conjunction with any request that is	115180
required to be made under section 173.27 of the Revised Code with	115181
respect to an individual who has applied for employment in a	115182
position that involves providing ombudsperson services to	115183
residents of long-term care facilities or recipients of	115184
community-based long-term care services, the state long-term care	115185
ombudsperson, ~~ombudsperson's designee, or~~the director of ~~health~~	115186
aging, a regional long-term care ombudsperson program, or the	115187
designee of the ombudsperson, director, or program may request	115188
that the superintendent investigate and determine, with respect to	115189
any individual who has applied for employment in a position that	115190
does not involve providing such ombudsperson services, whether the	115191
bureau has any information gathered under division (A) of this	115192
section that pertains to that applicant.	115193

In addition to or in conjunction with any request that is	115194
required to be made under section ~~173.394~~173.38 of the Revised	115195
Code with respect to an individual who has applied for employment	115196
in a direct-care position ~~that involves providing direct care to~~	115197
~~an individual~~, the chief administrator of a ~~community-based~~	115198
~~long-term care agency~~provider, as defined in section 173.39 of	115199
the Revised Code, may request that the superintendent investigate	115200
and determine, with respect to any individual who has applied for	115201
employment in a position that ~~does~~is not ~~involve providing direct~~	115202
~~care~~a direct-care position, whether the bureau has any	115203
information gathered under division (A) of this section that	115204
pertains to that applicant.	115205

In addition to or in conjunction with any request that is	115206
required to be made under section 3712.09 of the Revised Code with	115207
respect to an individual who has applied for employment in a	115208
position that involves providing direct care to a pediatric	115209
respite care patient, the chief administrator of a pediatric	115210
respite care program may request that the superintendent of the	115211
bureau investigate and determine, with respect to any individual	115212
who has applied for employment in a position that does not involve	115213
providing direct care to a pediatric respite care patient, whether	115214
the bureau has any information gathered under division (A) of this	115215
section that pertains to that individual.	115216

On receipt of a request under this division, the	115217
superintendent shall determine whether that information exists	115218
and, on request of the individual requesting information, shall	115219
also request from the federal bureau of investigation any criminal	115220
records it has pertaining to the applicant. The superintendent or	115221
the superintendent's designee also may request criminal history	115222
records from other states or the federal government pursuant to	115223
the national crime prevention and privacy compact set forth in	115224
section 109.571 of the Revised Code. Within thirty days of the	115225
date a request is received, subject to division (E)(2) of this	115226
section, the superintendent shall send to the requester a report	115227
of any information determined to exist, including information	115228
contained in records that have been sealed under section 2953.32	115229
of the Revised Code, and, within thirty days of its receipt, shall	115230
send the requester a report of any information received from the	115231
federal bureau of investigation, other than information the	115232
dissemination of which is prohibited by federal law.	115233

(H) Information obtained by a government entity or person	115234
under this section is confidential and shall not be released or	115235
disseminated.	115236

(I) The superintendent may charge a reasonable fee for	115237
providing information or criminal records under division (F)(2) or	115238
(G) of this section.	115239

(J) As used in this section:

115240

(1) "Pediatric respite care program" and "pediatric care	115241
patient" have the same meanings as in section 3712.01 of the	115242
Revised Code.	115243

(2) "Sexually oriented offense" and "child-victim oriented	115244
offense" have the same meanings as in section 2950.01 of the	115245
Revised Code.	115246

(3) "Registered private provider" means a nonpublic school or	115247
entity registered with the superintendent of public instruction	115248
under section 3310.41 of the Revised Code to participate in the	115249
autism scholarship program or section 3310.58 of the Revised Code	115250
to participate in the Jon Peterson special needs scholarship	115251
program.	115252

Sec. 2151.011. (A) As used in the Revised Code:

115253

(1) "Juvenile court" means whichever of the following is	115254
applicable that has jurisdiction under this chapter and Chapter	115255
2152. of the Revised Code:	115256

(a) The division of the court of common pleas specified in	115257
section 2101.022 or 2301.03 of the Revised Code as having	115258
jurisdiction under this chapter and Chapter 2152. of the Revised	115259
Code or as being the juvenile division or the juvenile division	115260
combined with one or more other divisions;	115261

(b) The juvenile court of Cuyahoga county or Hamilton county	115262
that is separately and independently created by section 2151.08 or	115263
Chapter 2153. of the Revised Code and that has jurisdiction under	115264
this chapter and Chapter 2152. of the Revised Code;	115265

(c) If division (A)(1)(a) or (b) of this section does not	115266
apply, the probate division of the court of common pleas.	115267

(2) "Juvenile judge" means a judge of a court having	115268
jurisdiction under this chapter.	115269

(3) "Private child placing agency" means any association, as	115270
defined in section 5103.02 of the Revised Code, that is certified	115271
under section 5103.03 of the Revised Code to accept temporary,	115272
permanent, or legal custody of children and place the children for	115273
either foster care or adoption.	115274

(4) "Private noncustodial agency" means any person,	115275
organization, association, or society certified by the department	115276
of job and family services that does not accept temporary or	115277
permanent legal custody of children, that is privately operated in	115278
this state, and that does one or more of the following:	115279

(a) Receives and cares for children for two or more	115280
consecutive weeks;	115281

(b) Participates in the placement of children in certified	115282
foster homes;	115283

(c) Provides adoption services in conjunction with a public	115284
children services agency or private child placing agency.	115285

(B) As used in this chapter:

115286

(1) "Adequate parental care" means the provision by a child's	115287
parent or parents, guardian, or custodian of adequate food,	115288
clothing, and shelter to ensure the child's health and physical	115289
safety and the provision by a child's parent or parents of	115290
specialized services warranted by the child's physical or mental	115291
needs.	115292

(2) "Adult" means an individual who is eighteen years of age	115293
or older.	115294

(3) "Agreement for temporary custody" means a voluntary	115295
agreement authorized by section 5103.15 of the Revised Code that	115296
transfers the temporary custody of a child to a public children	115297
services agency or a private child placing agency.	115298

(4) "Alternative response" means the public children services	115299
agency's response to a report of child abuse or neglect that	115300
engages the family in a comprehensive evaluation of child safety,	115301
risk of subsequent harm, and family strengths and needs and that	115302
does not include a determination as to whether child abuse or	115303
neglect occurred.	115304

(5) "Certified foster home" means a foster home, as defined	115305
in section 5103.02 of the Revised Code, certified under section	115306
5103.03 of the Revised Code.	115307

(6) "Child" means a person who is under eighteen years of	115308
age, except that the juvenile court has jurisdiction over any	115309
person who is adjudicated an unruly child prior to attaining	115310
eighteen years of age until the person attains twenty-one years of	115311
age, and, for purposes of that jurisdiction related to that	115312
adjudication, a person who is so adjudicated an unruly child shall	115313
be deemed a "child" until the person attains twenty-one years of	115314
age.	115315

(7) "Child day camp," "child care," "child day-care center,"	115316
"part-time child day-care center," "type A family day-care home,"	115317
"licensed type B family day-care home," "type B family day-care	115318
home," "administrator of a child day-care center," "administrator	115319
of a type A family day-care home," and "in-home aide" have the	115320
same meanings as in section 5104.01 of the Revised Code.	115321

(8) "Child care provider" means an individual who is a	115322
child-care staff member or administrator of a child day-care	115323
center, a type A family day-care home, or a type B family day-care	115324
home, or an in-home aide or an individual who is licensed, is	115325
regulated, is approved, operates under the direction of, or	115326
otherwise is certified by the department of job and family	115327
services, department of developmental disabilities, or the early	115328
childhood programs of the department of education.	115329

(9) "Chronic truant" has the same meaning as in section	115330
2152.02 of the Revised Code.	115331

(10) "Commit" means to vest custody as ordered by the court.

115332

(11) "Counseling" includes both of the following:

115333

(a) General counseling services performed by a public	115334
children services agency or shelter for victims of domestic	115335
violence to assist a child, a child's parents, and a child's	115336
siblings in alleviating identified problems that may cause or have	115337
caused the child to be an abused, neglected, or dependent child.	115338

(b) Psychiatric or psychological therapeutic counseling	115339
services provided to correct or alleviate any mental or emotional	115340
illness or disorder and performed by a licensed psychiatrist,	115341
licensed psychologist, or a person licensed under Chapter 4757. of	115342
the Revised Code to engage in social work or professional	115343
counseling.	115344

(12) "Custodian" means a person who has legal custody of a	115345
child or a public children services agency or private child	115346
placing agency that has permanent, temporary, or legal custody of	115347
a child.	115348

(13) "Delinquent child" has the same meaning as in section	115349
2152.02 of the Revised Code.	115350

(14) "Detention" means the temporary care of children pending	115351
court adjudication or disposition, or execution of a court order,	115352
in a public or private facility designed to physically restrict	115353
the movement and activities of children.	115354

(15) "Developmental disability" has the same meaning as in	115355
section 5123.01 of the Revised Code.	115356

(16) "Differential response approach" means an approach that	115357
a public children services agency may use to respond to accepted	115358
reports of child abuse or neglect with either an alternative	115359
response or a traditional response.	115360

(17) "Foster caregiver" has the same meaning as in section	115361
5103.02 of the Revised Code.	115362

(18) "Guardian" means a person, association, or corporation	115363
that is granted authority by a probate court pursuant to Chapter	115364
2111. of the Revised Code to exercise parental rights over a child	115365
to the extent provided in the court's order and subject to the	115366
residual parental rights of the child's parents.	115367

(19) "Habitual truant" means any child of compulsory school	115368
age who is absent without legitimate excuse for absence from the	115369
public school the child is supposed to attend for five or more	115370
consecutive school days, seven or more school days in one school	115371
month, or twelve or more school days in a school year.	115372

(20) "Juvenile traffic offender" has the same meaning as in	115373
section 2152.02 of the Revised Code.	115374

(21) "Legal custody" means a legal status that vests in the	115375
custodian the right to have physical care and control of the child	115376
and to determine where and with whom the child shall live, and the	115377
right and duty to protect, train, and discipline the child and to	115378
provide the child with food, shelter, education, and medical care,	115379
all subject to any residual parental rights, privileges, and	115380
responsibilities. An individual granted legal custody shall	115381
exercise the rights and responsibilities personally unless	115382
otherwise authorized by any section of the Revised Code or by the	115383
court.	115384

(22) A "legitimate excuse for absence from the public school	115385
the child is supposed to attend" includes, but is not limited to,	115386
any of the following:	115387

(a) The fact that the child in question has enrolled in and	115388
is attending another public or nonpublic school in this or another	115389
state;	115390

(b) The fact that the child in question is excused from	115391
attendance at school for any of the reasons specified in section	115392
3321.04 of the Revised Code;	115393

(c) The fact that the child in question has received an age	115394
and schooling certificate in accordance with section 3331.01 of	115395
the Revised Code.	115396

(23) "Mental illness" and "mentally ill person subject to	115397
hospitalization by court order" have the same meanings as in	115398
section 5122.01 of the Revised Code.	115399

(24) "Mental injury" means any behavioral, cognitive,	115400
emotional, or mental disorder in a child caused by an act or	115401
omission that is described in section 2919.22 of the Revised Code	115402
and is committed by the parent or other person responsible for the	115403
child's care.	115404

(25) "Mentally retarded person" has the same meaning as in	115405
section 5123.01 of the Revised Code.	115406

(26) "Nonsecure care, supervision, or training" means care,	115407
supervision, or training of a child in a facility that does not	115408
confine or prevent movement of the child within the facility or	115409
from the facility.	115410

(27) "Of compulsory school age" has the same meaning as in	115411
section 3321.01 of the Revised Code.	115412

(28) "Organization" means any institution, public,	115413
semipublic, or private, and any private association, society, or	115414
agency located or operating in the state, incorporated or	115415
unincorporated, having among its functions the furnishing of	115416
protective services or care for children, or the placement of	115417
children in certified foster homes or elsewhere.	115418

(29) "Out-of-home care" means detention facilities, shelter	115419
facilities, certified children's crisis care facilities, certified	115420
foster homes, placement in a prospective adoptive home prior to	115421
the issuance of a final decree of adoption, organizations,	115422
certified organizations, child day-care centers, type A family	115423
day-care homes, type B family day-care homes, child care provided	115424
by in-home aides, group home providers, group homes, institutions,	115425
state institutions, residential facilities, residential care	115426
facilities, residential camps, day camps, public schools,	115427
chartered nonpublic schools, educational service centers,	115428
hospitals, and medical clinics that are responsible for the care,	115429
physical custody, or control of children.	115430

(30) "Out-of-home care child abuse" means any of the	115431
following when committed by a person responsible for the care of a	115432
child in out-of-home care:	115433

(a) Engaging in sexual activity with a child in the person's	115434
care;	115435

(b) Denial to a child, as a means of punishment, of proper or	115436
necessary subsistence, education, medical care, or other care	115437
necessary for a child's health;	115438

(c) Use of restraint procedures on a child that cause injury	115439
or pain;	115440

(d) Administration of prescription drugs or psychotropic	115441
medication to the child without the written approval and ongoing	115442
supervision of a licensed physician;	115443

(e) Commission of any act, other than by accidental means,	115444
that results in any injury to or death of the child in out-of-home	115445
care or commission of any act by accidental means that results in	115446
an injury to or death of a child in out-of-home care and that is	115447
at variance with the history given of the injury or death.	115448

(31) "Out-of-home care child neglect" means any of the	115449
following when committed by a person responsible for the care of a	115450
child in out-of-home care:	115451

(a) Failure to provide reasonable supervision according to	115452
the standards of care appropriate to the age, mental and physical	115453
condition, or other special needs of the child;	115454

(b) Failure to provide reasonable supervision according to	115455
the standards of care appropriate to the age, mental and physical	115456
condition, or other special needs of the child, that results in	115457
sexual or physical abuse of the child by any person;	115458

115459

(i) Administration of prescription drugs or psychotropic	115460
drugs for the child;	115461

(ii) Assuring that the instructions of the licensed physician	115462
who prescribed a drug for the child are followed;	115463

(iii) Reporting to the licensed physician who prescribed the	115464
drug all unfavorable or dangerous side effects from the use of the	115465
drug.	115466

(d) Failure to provide proper or necessary subsistence,	115467
education, medical care, or other individualized care necessary	115468
for the health or well-being of the child;	115469

(e) Confinement of the child to a locked room without	115470
monitoring by staff;	115471

(f) Failure to provide ongoing security for all prescription	115472
and nonprescription medication;	115473

(g) Isolation of a child for a period of time when there is	115474
substantial risk that the isolation, if continued, will impair or	115475
retard the mental health or physical well-being of the child.	115476

(32) "Permanent custody" means a legal status that vests in a	115477
public children services agency or a private child placing agency,	115478
all parental rights, duties, and obligations, including the right	115479
to consent to adoption, and divests the natural parents or	115480
adoptive parents of all parental rights, privileges, and	115481
obligations, including all residual rights and obligations.	115482

(33) "Permanent surrender" means the act of the parents or,	115483
if a child has only one parent, of the parent of a child, by a	115484
voluntary agreement authorized by section 5103.15 of the Revised	115485
Code, to transfer the permanent custody of the child to a public	115486
children services agency or a private child placing agency.	115487

(34) "Person" means an individual, association, corporation,	115488
or partnership and the state or any of its political subdivisions,	115489
departments, or agencies.	115490

(35) "Person responsible for a child's care in out-of-home	115491
care" means any of the following:	115492

(a) Any foster caregiver, in-home aide, or provider;

115493

(b) Any administrator, employee, or agent of any of the	115494
following: a public or private detention facility; shelter	115495
facility; certified children's crisis care facility; organization;	115496
certified organization; child day-care center; type A family	115497
day-care home; licensed type B family day-care home; group home;	115498
institution; state institution; residential facility; residential	115499
care facility; residential camp; day camp; school district;	115500
community school; chartered nonpublic school; educational service	115501
center; hospital; or medical clinic;	115502

(c) Any person who supervises or coaches children as part of	115503
an extracurricular activity sponsored by a school district, public	115504
school, or chartered nonpublic school;	115505

(d) Any other person who performs a similar function with	115506
respect to, or has a similar relationship to, children.	115507

(36) "Physically impaired" means having one or more of the	115508
following conditions that substantially limit one or more of an	115509
individual's major life activities, including self-care, receptive	115510
and expressive language, learning, mobility, and self-direction:	115511

(a) A substantial impairment of vision, speech, or hearing;

115512

(b) A congenital orthopedic impairment;

115513

(c) An orthopedic impairment caused by disease, rheumatic	115514
fever or any other similar chronic or acute health problem, or	115515
amputation or another similar cause.	115516

(37) "Placement for adoption" means the arrangement by a	115517
public children services agency or a private child placing agency	115518
with a person for the care and adoption by that person of a child	115519
of whom the agency has permanent custody.	115520

(38) "Placement in foster care" means the arrangement by a	115521
public children services agency or a private child placing agency	115522
for the out-of-home care of a child of whom the agency has	115523
temporary custody or permanent custody.	115524

(39) "Planned permanent living arrangement" means an order of	115525
a juvenile court pursuant to which both of the following apply:	115526

(a) The court gives legal custody of a child to a public	115527
children services agency or a private child placing agency without	115528
the termination of parental rights.	115529

(b) The order permits the agency to make an appropriate	115530
placement of the child and to enter into a written agreement with	115531
a foster care provider or with another person or agency with whom	115532
the child is placed.	115533

(40) "Practice of social work" and "practice of professional	115534
counseling" have the same meanings as in section 4757.01 of the	115535
Revised Code.	115536

(41) "Sanction, service, or condition" means a sanction,	115537
service, or condition created by court order following an	115538
adjudication that a child is an unruly child that is described in	115539
division (A)(4) of section 2152.19 of the Revised Code.	115540

(42) "Protective supervision" means an order of disposition	115541
pursuant to which the court permits an abused, neglected,	115542
dependent, or unruly child to remain in the custody of the child's	115543
parents, guardian, or custodian and stay in the child's home,	115544
subject to any conditions and limitations upon the child, the	115545
child's parents, guardian, or custodian, or any other person that	115546
the court prescribes, including supervision as directed by the	115547
court for the protection of the child.	115548

(43) "Psychiatrist" has the same meaning as in section	115549
5122.01 of the Revised Code.	115550

(44) "Psychologist" has the same meaning as in section	115551
4732.01 of the Revised Code.	115552

(45) "Residential camp" means a program in which the care,	115553
physical custody, or control of children is accepted overnight for	115554
recreational or recreational and educational purposes.	115555

(46) "Residential care facility" means an institution,	115556
residence, or facility that is licensed by the department of	115557
~~mental health~~mental health and addiction services under section	115558
~~5119.22~~5119.34 of the Revised Code and that provides care for a	115559
child.	115560

(47) "Residential facility" means a home or facility that is	115561
licensed by the department of developmental disabilities under	115562
section 5123.19 of the Revised Code and in which a child with a	115563
developmental disability resides.	115564

(48) "Residual parental rights, privileges, and	115565
responsibilities" means those rights, privileges, and	115566
responsibilities remaining with the natural parent after the	115567
transfer of legal custody of the child, including, but not	115568
necessarily limited to, the privilege of reasonable visitation,	115569
consent to adoption, the privilege to determine the child's	115570
religious affiliation, and the responsibility for support.	115571

(49) "School day" means the school day established by the	115572
~~state~~ board of education of the applicable school district	115573
pursuant to section ~~3313.48~~3313.481 of the Revised Code.	115574

(50) "School ~~month" and "school~~ year" ~~have~~has the same	115575
~~meanings~~meaning as in section 3313.62 of the Revised Code.	115576

(51) "Secure correctional facility" means a facility under	115577
the direction of the department of youth services that is designed	115578
to physically restrict the movement and activities of children and	115579
used for the placement of children after adjudication and	115580
disposition.	115581

(52) "Sexual activity" has the same meaning as in section	115582
2907.01 of the Revised Code.	115583

(53) "Shelter" means the temporary care of children in	115584
physically unrestricted facilities pending court adjudication or	115585
disposition.	115586

(54) "Shelter for victims of domestic violence" has the same	115587
meaning as in section 3113.33 of the Revised Code.	115588

(55) "Temporary custody" means legal custody of a child who	115589
is removed from the child's home, which custody may be terminated	115590
at any time at the discretion of the court or, if the legal	115591
custody is granted in an agreement for temporary custody, by the	115592
person who executed the agreement.	115593

(56) "Traditional response" means a public children services	115594
agency's response to a report of child abuse or neglect that	115595
encourages engagement of the family in a comprehensive evaluation	115596
of the child's current and future safety needs and a fact-finding	115597
process to determine whether child abuse or neglect occurred and	115598
the circumstances surrounding the alleged harm or risk of harm.	115599

(C) For the purposes of this chapter, a child shall be	115600
presumed abandoned when the parents of the child have failed to	115601
visit or maintain contact with the child for more than ninety	115602
days, regardless of whether the parents resume contact with the	115603
child after that period of ninety days.	115604

Sec. 2923.126. (A) A concealed handgun license that is	115605
issued under section 2923.125 of the Revised Code shall expire	115606
five years after the date of issuance. A licensee who has been	115607
issued a license under that section shall be granted a grace	115608
period of thirty days after the licensee's license expires during	115609
which the licensee's license remains valid. Except as provided in	115610
divisions (B) and (C) of this section, a licensee who has been	115611
issued a concealed handgun license under section 2923.125 or	115612
2923.1213 of the Revised Code may carry a concealed handgun	115613
anywhere in this state if the licensee also carries a valid	115614
license and valid identification when the licensee is in actual	115615
possession of a concealed handgun. The licensee shall give notice	115616
of any change in the licensee's residence address to the sheriff	115617
who issued the license within forty-five days after that change.	115618

If a licensee is the driver or an occupant of a motor vehicle	115619
that is stopped as the result of a traffic stop or a stop for	115620
another law enforcement purpose and if the licensee is	115621
transporting or has a loaded handgun in the motor vehicle at that	115622
time, the licensee shall promptly inform any law enforcement	115623
officer who approaches the vehicle while stopped that the licensee	115624
has been issued a concealed handgun license and that the licensee	115625
currently possesses or has a loaded handgun; the licensee shall	115626
not knowingly disregard or fail to comply with lawful orders of a	115627
law enforcement officer given while the motor vehicle is stopped,	115628
knowingly fail to remain in the motor vehicle while stopped, or	115629
knowingly fail to keep the licensee's hands in plain sight after	115630
any law enforcement officer begins approaching the licensee while	115631
stopped and before the officer leaves, unless directed otherwise	115632
by a law enforcement officer; and the licensee shall not knowingly	115633
have contact with the loaded handgun by touching it with the	115634
licensee's hands or fingers, in any manner in violation of	115635
division (E) of section 2923.16 of the Revised Code, after any law	115636
enforcement officer begins approaching the licensee while stopped	115637
and before the officer leaves. Additionally, if a licensee is the	115638
driver or an occupant of a commercial motor vehicle that is	115639
stopped by an employee of the motor carrier enforcement unit for	115640
the purposes defined in section 5503.04 of the Revised Code and if	115641
the licensee is transporting or has a loaded handgun in the	115642
commercial motor vehicle at that time, the licensee shall promptly	115643
inform the employee of the unit who approaches the vehicle while	115644
stopped that the licensee has been issued a concealed handgun	115645
license and that the licensee currently possesses or has a loaded	115646
handgun.	115647

If a licensee is stopped for a law enforcement purpose and if	115648
the licensee is carrying a concealed handgun at the time the	115649
officer approaches, the licensee shall promptly inform any law	115650
enforcement officer who approaches the licensee while stopped that	115651
the licensee has been issued a concealed handgun license and that	115652
the licensee currently is carrying a concealed handgun; the	115653
licensee shall not knowingly disregard or fail to comply with	115654
lawful orders of a law enforcement officer given while the	115655
licensee is stopped or knowingly fail to keep the licensee's hands	115656
in plain sight after any law enforcement officer begins	115657
approaching the licensee while stopped and before the officer	115658
leaves, unless directed otherwise by a law enforcement officer;	115659
and the licensee shall not knowingly remove, attempt to remove,	115660
grasp, or hold the loaded handgun or knowingly have contact with	115661
the loaded handgun by touching it with the licensee's hands or	115662
fingers, in any manner in violation of division (B) of section	115663
2923.12 of the Revised Code, after any law enforcement officer	115664
begins approaching the licensee while stopped and before the	115665
officer leaves.	115666

(B) A valid concealed handgun license does not authorize the	115667
licensee to carry a concealed handgun in any manner prohibited	115668
under division (B) of section 2923.12 of the Revised Code or in	115669
any manner prohibited under section 2923.16 of the Revised Code. A	115670
valid license does not authorize the licensee to carry a concealed	115671
handgun into any of the following places:	115672

(1) A police station, sheriff's office, or state highway	115673
patrol station, premises controlled by the bureau of criminal	115674
identification and investigation, a state correctional	115675
institution, jail, workhouse, or other detention facility, an	115676
airport passenger terminal, or an institution that is maintained,	115677
operated, managed, and governed pursuant to division (A) of	115678
section ~~5119.02~~5119.14 of the Revised Code or division (A)(1) of	115679
section 5123.03 of the Revised Code;	115680

(2) A school safety zone if the licensee's carrying the	115681
concealed handgun is in violation of section 2923.122 of the	115682
Revised Code;	115683

(3) A courthouse or another building or structure in which a	115684
courtroom is located, in violation of section 2923.123 of the	115685
Revised Code;	115686

(4) Any premises or open air arena for which a D permit has	115687
been issued under Chapter 4303. of the Revised Code if the	115688
licensee's carrying the concealed handgun is in violation of	115689
section 2923.121 of the Revised Code;	115690

(5) Any premises owned or leased by any public or private	115691
college, university, or other institution of higher education,	115692
unless the handgun is in a locked motor vehicle or the licensee is	115693
in the immediate process of placing the handgun in a locked motor	115694
vehicle;	115695

(6) Any church, synagogue, mosque, or other place of worship,	115696
unless the church, synagogue, mosque, or other place of worship	115697
posts or permits otherwise;	115698

(7) A child day-care center, a type A family day-care home,	115699
or a type B family day-care home, except that this division does	115700
not prohibit a licensee who resides in a type A family day-care	115701
home or a type B family day-care home from carrying a concealed	115702
handgun at any time in any part of the home that is not dedicated	115703
or used for day-care purposes, or from carrying a concealed	115704
handgun in a part of the home that is dedicated or used for	115705
day-care purposes at any time during which no children, other than	115706
children of that licensee, are in the home;	115707

(8) An aircraft that is in, or intended for operation in,	115708
foreign air transportation, interstate air transportation,	115709
intrastate air transportation, or the transportation of mail by	115710
aircraft;	115711

(9) Any building that is a government facility of this state	115712
or a political subdivision of this state and that is not a	115713
building that is used primarily as a shelter, restroom, parking	115714
facility for motor vehicles, or rest facility and is not a	115715
courthouse or other building or structure in which a courtroom is	115716
located that is subject to division (B)(3) of this section;	115717

(10) A place in which federal law prohibits the carrying of	115718
handguns.	115719

(C)(1) Nothing in this section shall negate or restrict a	115720
rule, policy, or practice of a private employer that is not a	115721
private college, university, or other institution of higher	115722
education concerning or prohibiting the presence of firearms on	115723
the private employer's premises or property, including motor	115724
vehicles owned by the private employer. Nothing in this section	115725
shall require a private employer of that nature to adopt a rule,	115726
policy, or practice concerning or prohibiting the presence of	115727
firearms on the private employer's premises or property, including	115728
motor vehicles owned by the private employer.	115729

(2)(a) A private employer shall be immune from liability in a	115730
civil action for any injury, death, or loss to person or property	115731
that allegedly was caused by or related to a licensee bringing a	115732
handgun onto the premises or property of the private employer,	115733
including motor vehicles owned by the private employer, unless the	115734
private employer acted with malicious purpose. A private employer	115735
is immune from liability in a civil action for any injury, death,	115736
or loss to person or property that allegedly was caused by or	115737
related to the private employer's decision to permit a licensee to	115738
bring, or prohibit a licensee from bringing, a handgun onto the	115739
premises or property of the private employer. As used in this	115740
division, "private employer" includes a private college,	115741
university, or other institution of higher education.	115742

(b) A political subdivision shall be immune from liability in	115743
a civil action, to the extent and in the manner provided in	115744
Chapter 2744. of the Revised Code, for any injury, death, or loss	115745
to person or property that allegedly was caused by or related to a	115746
licensee bringing a handgun onto any premises or property owned,	115747
leased, or otherwise under the control of the political	115748
subdivision. As used in this division, "political subdivision" has	115749
the same meaning as in section 2744.01 of the Revised Code.	115750

(3)(a) Except as provided in division (C)(3)(b) of this	115751
section, the owner or person in control of private land or	115752
premises, and a private person or entity leasing land or premises	115753
owned by the state, the United States, or a political subdivision	115754
of the state or the United States, may post a sign in a	115755
conspicuous location on that land or on those premises prohibiting	115756
persons from carrying firearms or concealed firearms on or onto	115757
that land or those premises. Except as otherwise provided in this	115758
division, a person who knowingly violates a posted prohibition of	115759
that nature is guilty of criminal trespass in violation of	115760
division (A)(4) of section 2911.21 of the Revised Code and is	115761
guilty of a misdemeanor of the fourth degree. If a person	115762
knowingly violates a posted prohibition of that nature and the	115763
posted land or premises primarily was a parking lot or other	115764
parking facility, the person is not guilty of criminal trespass in	115765
violation of division (A)(4) of section 2911.21 of the Revised	115766
Code and instead is subject only to a civil cause of action for	115767
trespass based on the violation.	115768

(b) A landlord may not prohibit or restrict a tenant who is a	115769
licensee and who on or after September 9, 2008, enters into a	115770
rental agreement with the landlord for the use of residential	115771
premises, and the tenant's guest while the tenant is present, from	115772
lawfully carrying or possessing a handgun on those residential	115773
premises.	115774

115775

(i) "Residential premises" has the same meaning as in section	115776
5321.01 of the Revised Code, except "residential premises" does	115777
not include a dwelling unit that is owned or operated by a college	115778
or university.	115779

(ii) "Landlord," "tenant," and "rental agreement" have the	115780
same meanings as in section 5321.01 of the Revised Code.	115781

(D) A person who holds a concealed handgun license issued by	115782
another state that is recognized by the attorney general pursuant	115783
to a reciprocity agreement entered into pursuant to section 109.69	115784
of the Revised Code has the same right to carry a concealed	115785
handgun in this state as a person who was issued a concealed	115786
handgun license under section 2923.125 of the Revised Code and is	115787
subject to the same restrictions that apply to a person who	115788
carries a license issued under that section.	115789

(E) A peace officer has the same right to carry a concealed	115790
handgun in this state as a person who was issued a concealed	115791
handgun license under section 2923.125 of the Revised Code. For	115792
purposes of reciprocity with other states, a peace officer shall	115793
be considered to be a licensee in this state.	115794

(F)(1) A qualified retired peace officer who possesses a	115795
retired peace officer identification card issued pursuant to	115796
division (F)(2) of this section and a valid firearms	115797
requalification certification issued pursuant to division (F)(3)	115798
of this section has the same right to carry a concealed handgun in	115799
this state as a person who was issued a concealed handgun license	115800
under section 2923.125 of the Revised Code and is subject to the	115801
same restrictions that apply to a person who carries a license	115802
issued under that section. For purposes of reciprocity with other	115803
states, a qualified retired peace officer who possesses a retired	115804
peace officer identification card issued pursuant to division	115805
(F)(2) of this section and a valid firearms requalification	115806
certification issued pursuant to division (F)(3) of this section	115807
shall be considered to be a licensee in this state.	115808

(2)(a) Each public agency of this state or of a political	115809
subdivision of this state that is served by one or more peace	115810
officers shall issue a retired peace officer identification card	115811
to any person who retired from service as a peace officer with	115812
that agency, if the issuance is in accordance with the agency's	115813
policies and procedures and if the person, with respect to the	115814
person's service with that agency, satisfies all of the following:	115815

(i) The person retired in good standing from service as a	115816
peace officer with the public agency, and the retirement was not	115817
for reasons of mental instability.	115818

(ii) Before retiring from service as a peace officer with	115819
that agency, the person was authorized to engage in or supervise	115820
the prevention, detection, investigation, or prosecution of, or	115821
the incarceration of any person for, any violation of law and the	115822
person had statutory powers of arrest.	115823

(iii) At the time of the person's retirement as a peace	115824
officer with that agency, the person was trained and qualified to	115825
carry firearms in the performance of the peace officer's duties.	115826

(iv) Before retiring from service as a peace officer with	115827
that agency, the person was regularly employed as a peace officer	115828
for an aggregate of fifteen years or more, or, in the alternative,	115829
the person retired from service as a peace officer with that	115830
agency, after completing any applicable probationary period of	115831
that service, due to a service-connected disability, as determined	115832
by the agency.	115833

(b) A retired peace officer identification card issued to a	115834
person under division (F)(2)(a) of this section shall identify the	115835
person by name, contain a photograph of the person, identify the	115836
public agency of this state or of the political subdivision of	115837
this state from which the person retired as a peace officer and	115838
that is issuing the identification card, and specify that the	115839
person retired in good standing from service as a peace officer	115840
with the issuing public agency and satisfies the criteria set	115841
forth in divisions (F)(2)(a)(i) to (iv) of this section. In	115842
addition to the required content specified in this division, a	115843
retired peace officer identification card issued to a person under	115844
division (F)(2)(a) of this section may include the firearms	115845
requalification certification described in division (F)(3) of this	115846
section, and if the identification card includes that	115847
certification, the identification card shall serve as the firearms	115848
requalification certification for the retired peace officer. If	115849
the issuing public agency issues credentials to active law	115850
enforcement officers who serve the agency, the agency may comply	115851
with division (F)(2)(a) of this section by issuing the same	115852
credentials to persons who retired from service as a peace officer	115853
with the agency and who satisfy the criteria set forth in	115854
divisions (F)(2)(a)(i) to (iv) of this section, provided that the	115855
credentials so issued to retired peace officers are stamped with	115856
the word "RETIRED."	115857

(c) A public agency of this state or of a political	115858
subdivision of this state may charge persons who retired from	115859
service as a peace officer with the agency a reasonable fee for	115860
issuing to the person a retired peace officer identification card	115861
pursuant to division (F)(2)(a) of this section.	115862

(3) If a person retired from service as a peace officer with	115863
a public agency of this state or of a political subdivision of	115864
this state and the person satisfies the criteria set forth in	115865
divisions (F)(2)(a)(i) to (iv) of this section, the public agency	115866
may provide the retired peace officer with the opportunity to	115867
attend a firearms requalification program that is approved for	115868
purposes of firearms requalification required under section	115869
109.801 of the Revised Code. The retired peace officer may be	115870
required to pay the cost of the course.	115871

If a retired peace officer who satisfies the criteria set	115872
forth in divisions (F)(2)(a)(i) to (iv) of this section attends a	115873
firearms requalification program that is approved for purposes of	115874
firearms requalification required under section 109.801 of the	115875
Revised Code, the retired peace officer's successful completion of	115876
the firearms requalification program requalifies the retired peace	115877
officer for purposes of division (F) of this section for five	115878
years from the date on which the program was successfully	115879
completed, and the requalification is valid during that five-year	115880
period. If a retired peace officer who satisfies the criteria set	115881
forth in divisions (F)(2)(a)(i) to (iv) of this section	115882
satisfactorily completes such a firearms requalification program,	115883
the retired peace officer shall be issued a firearms	115884
requalification certification that identifies the retired peace	115885
officer by name, identifies the entity that taught the program,	115886
specifies that the retired peace officer successfully completed	115887
the program, specifies the date on which the course was	115888
successfully completed, and specifies that the requalification is	115889
valid for five years from that date of successful completion. The	115890
firearms requalification certification for a retired peace officer	115891
may be included in the retired peace officer identification card	115892
issued to the retired peace officer under division (F)(2) of this	115893
section.	115894

A retired peace officer who attends a firearms	115895
requalification program that is approved for purposes of firearms	115896
requalification required under section 109.801 of the Revised Code	115897
may be required to pay the cost of the program.	115898

(G) As used in this section:

115899

(1) "Qualified retired peace officer" means a person who	115900
satisfies all of the following:	115901

(a) The person satisfies the criteria set forth in divisions	115902
(F)(2)(a)(i) to (v) of this section.	115903

(b) The person is not under the influence of alcohol or	115904
another intoxicating or hallucinatory drug or substance.	115905

(c) The person is not prohibited by federal law from	115906
receiving firearms.	115907

(2) "Retired peace officer identification card" means an	115908
identification card that is issued pursuant to division (F)(2) of	115909
this section to a person who is a retired peace officer.	115910

(3) "Government facility of this state or a political	115911
subdivision of this state" means any of the following:	115912

(a) A building or part of a building that is owned or leased	115913
by the government of this state or a political subdivision of this	115914
state and where employees of the government of this state or the	115915
political subdivision regularly are present for the purpose of	115916
performing their official duties as employees of the state or	115917
political subdivision;	115918

(b) The office of a deputy registrar serving pursuant to	115919
Chapter 4503. of the Revised Code that is used to perform deputy	115920
registrar functions.	115921

Sec. 5104.012. (A)(1) At the times specified in this	115922
division, the administrator of a child day-care center or a type A	115923
family day-care home shall request the superintendent of the	115924
bureau of criminal identification and investigation to conduct a	115925
criminal records check with respect to any applicant who has	115926
applied to the center or type A home for employment as a person	115927
responsible for the care, custody, or control of a child.	115928

The administrator shall request a criminal records check	115929
pursuant to this division at the time of the applicant's initial	115930
application for employment and every ~~four~~five years thereafter.	115931
When the administrator requests pursuant to this division a	115932
criminal records check for an applicant at the time of the	115933
applicant's initial application for employment, the administrator	115934
shall request that the superintendent obtain information from the	115935
federal bureau of investigation as a part of the criminal records	115936
check for the applicant, including fingerprint-based checks of	115937
national crime information databases as described in 42 U.S.C.	115938
671, for the person subject to the criminal records check. In all	115939
other cases in which the administrator requests a criminal records	115940
check for an applicant pursuant to this division, the	115941
administrator may request that the superintendent include	115942
information from the federal bureau of investigation in the	115943
criminal records check, including fingerprint-based checks of	115944
national crime information databases as described in 42 U.S.C.	115945
671.	115946

(2) A person required by division (A)(1) of this section to	115947
request a criminal records check shall provide to each applicant a	115948
copy of the form prescribed pursuant to division (C)(1) of section	115949
109.572 of the Revised Code, provide to each applicant a standard	115950
impression sheet to obtain fingerprint impressions prescribed	115951
pursuant to division (C)(2) of section 109.572 of the Revised	115952
Code, obtain the completed form and impression sheet from each	115953
applicant, and forward the completed form and impression sheet to	115954
the superintendent of the bureau of criminal identification and	115955
investigation at the time the person requests a criminal records	115956
check pursuant to division (A)(1) of this section. On and after	115957
August 14, 2008, the administrator of a child day-care center or a	115958
type A family day-care home shall review the results of the	115959
criminal records check before the applicant has sole	115960
responsibility for the care, custody, or control of any child.	115961

(3) An applicant who receives pursuant to division (A)(2) of	115962
this section a copy of the form prescribed pursuant to division	115963
(C)(1) of section 109.572 of the Revised Code and a copy of an	115964
impression sheet prescribed pursuant to division (C)(2) of that	115965
section and who is requested to complete the form and provide a	115966
set of fingerprint impressions shall complete the form or provide	115967
all the information necessary to complete the form and shall	115968
provide the impression sheet with the impressions of the	115969
applicant's fingerprints. If an applicant, upon request, fails to	115970
provide the information necessary to complete the form or fails to	115971
provide impressions of the applicant's fingerprints, the center or	115972
type A home shall not employ that applicant for any position for	115973
which a criminal records check is required by division (A)(1) of	115974
this section.	115975

(B)(1) Except as provided in rules adopted under division (E)	115976
of this section, no child day-care center or type A family	115977
day-care home shall employ or contract with another entity for the	115978
services of a person as a person responsible for the care,	115979
custody, or control of a child if the person previously has been	115980
convicted of or pleaded guilty to any of the violations described	115981
in division (A)(5) of section 109.572 of the Revised Code.	115982

(2) A child day-care center or type A family day-care home	115983
may employ an applicant conditionally until the criminal records	115984
check required by this section is completed and the center or home	115985
receives the results of the criminal records check. If the results	115986
of the criminal records check indicate that, pursuant to division	115987
(B)(1) of this section, the applicant does not qualify for	115988
employment, the center or home shall release the applicant from	115989
employment.	115990

(C)(1) Each child day-care center and type A family day-care	115991
home shall pay to the bureau of criminal identification and	115992
investigation the fee prescribed pursuant to division (C)(3) of	115993
section 109.572 of the Revised Code for each criminal records	115994
check conducted in accordance with that section upon the request	115995
pursuant to division (A)(1) of this section of the administrator	115996
or provider of the center or home.	115997

(2) A child day-care center and type A family day-care home	115998
may charge an applicant a fee for the costs it incurs in obtaining	115999
a criminal records check under this section. A fee charged under	116000
this division shall not exceed the amount of fees the center or	116001
home pays under division (C)(1) of this section. If a fee is	116002
charged under this division, the center or home shall notify the	116003
applicant at the time of the applicant's initial application for	116004
employment of the amount of the fee and that, unless the fee is	116005
paid, the center or type A home will not consider the applicant	116006
for employment.	116007

(D) The report of any criminal records check conducted by the	116008
bureau of criminal identification and investigation in accordance	116009
with section 109.572 of the Revised Code and pursuant to a request	116010
under division (A)(1) of this section is not a public record for	116011
the purposes of section 149.43 of the Revised Code and shall not	116012
be made available to any person other than the applicant who is	116013
the subject of the criminal records check or the applicant's	116014
representative; the center or type A home requesting the criminal	116015
records check or its representative; the department of job and	116016
family services or a county department of job and family services;	116017
and any court, hearing officer, or other necessary individual	116018
involved in a case dealing with the denial of employment to the	116019
applicant.	116020

(E) The director of job and family services shall adopt rules	116021
pursuant to Chapter 119. of the Revised Code to implement this	116022
section, including rules specifying circumstances under which a	116023
center or home may hire a person who has been convicted of an	116024
offense listed in division (B)(1) of this section but who meets	116025
standards in regard to rehabilitation set by the department.	116026

(F) Any person required by division (A)(1) of this section to	116027
request a criminal records check shall inform each person, at the	116028
time of the person's initial application for employment, that the	116029
person is required to provide a set of impressions of the person's	116030
fingerprints and that a criminal records check is required to be	116031
conducted and satisfactorily completed in accordance with section	116032
109.572 of the Revised Code if the person comes under final	116033
consideration for appointment or employment as a precondition to	116034
employment for that position.	116035

(G) As used in this section:

116036

(1) "Applicant" means a person who is under final	116037
consideration for appointment to or employment in a position with	116038
a child day-care center or a type A family day-care home as a	116039
person responsible for the care, custody, or control of a child or	116040
any person who would serve in any position with a child day-care	116041
center or a type A family day-care home as a person responsible	116042
for the care, custody, or control of a child pursuant to a	116043
contract with another entity.	116044

(2) "Criminal records check" has the same meaning as in	116045
section 109.572 of the Revised Code.	116046

Sec. 5104.013. (A)(1) At the times specified in division	116047
(A)(3) of this section, the director of job and family services,	116048
as part of the process of licensure of child day-care centers,	116049
type A family day-care homes, and licensed type B family day-care	116050
homes shall request the superintendent of the bureau of criminal	116051
identification and investigation to conduct a criminal records	116052
check with respect to the following persons:	116053

(a) Any owner, licensee, or administrator of a child day-care	116054
center;	116055

(b) Any owner, licensee, or administrator of a type A family	116056
day-care home and any person eighteen years of age or older who	116057
resides in a type A family day-care home;	116058

(c) Any administrator of a licensed type B family day-care	116059
home and any person eighteen years of age or older who resides in	116060
a licensed type B family day-care home.	116061

(2) At the time specified in division (A)(3) of this section,	116062
the director of a county department of job and family services, as	116063
part of the process of certification of in-home aides, shall	116064
request the superintendent of the bureau of criminal	116065
identification and investigation to conduct a criminal records	116066
check with respect to any in-home aide.	116067

(3) The director of job and family services shall request a	116068
criminal records check pursuant to division (A)(1) of this section	116069
at the time of the initial application for licensure and every	116070
~~four~~five years thereafter. The director of a county department of	116071
job and family services shall request a criminal records check	116072
pursuant to division (A)(2) of this section at the time of the	116073
initial application for certification and every ~~four~~five years	116074
thereafter. When the director of job and family services or the	116075
director of a county department of job and family services	116076
requests pursuant to division (A)(1) or (2) of this section a	116077
criminal records check for a person at the time of the person's	116078
initial application for licensure or certification, the director	116079
shall request that the superintendent of the bureau of criminal	116080
identification and investigation obtain information from the	116081
federal bureau of investigation as a part of the criminal records	116082
check for the person, including fingerprint-based checks of	116083
national crime information databases as described in 42 U.S.C. 671	116084
for the person subject to the criminal records check. In all other	116085
cases in which the director of job and family services or the	116086
director of a county department of job and family services	116087
requests a criminal records check for an applicant pursuant to	116088
division (A)(1) or (2) of this section, the director may request	116089
that the superintendent include information from the federal	116090
bureau of investigation in the criminal records check, including	116091
fingerprint-based checks of national crime information databases	116092
as described in 42 U.S.C. 671.	116093

(4) The director of job and family services shall review the	116094
results of a criminal records check subsequent to a request made	116095
pursuant to divisions (A)(1) and (3) of this section prior to	116096
approval of a license. The director of a county department of job	116097
and family services shall review the results of a criminal records	116098
check subsequent to a request made pursuant to divisions (A)(2)	116099
and (3) of this section prior to approval of certification.	116100

(B) The director of job and family services or the director	116101
of a county department of job and family services shall provide to	116102
each person for whom a criminal records check is required under	116103
this section a copy of the form prescribed pursuant to division	116104
(C)(1) of section 109.572 of the Revised Code and a standard	116105
impression sheet to obtain fingerprint impressions prescribed	116106
pursuant to division (C)(2) of that section, obtain the completed	116107
form and impression sheet from that person, and forward the	116108
completed form and impression sheet to the superintendent of the	116109
bureau of criminal identification and investigation.	116110

(C) A person who receives pursuant to division (B) of this	116111
section a copy of the form and standard impression sheet described	116112
in that division and who is requested to complete the form and	116113
provide a set of fingerprint impressions shall complete the form	116114
or provide all the information necessary to complete the form and	116115
shall provide the impression sheet with the impressions of the	116116
person's fingerprints. If the person, upon request, fails to	116117
provide the information necessary to complete the form or fails to	116118
provide impressions of the person's fingerprints, the director may	116119
consider the failure as a reason to deny licensure or	116120
certification.	116121

(D) Except as provided in rules adopted under division (G) of	116122
this section, the director of job and family services shall not	116123
grant a license to a child day-care center, type A family day-care	116124
home, or type B family day-care home and a county director of job	116125
and family services shall not certify an in-home aide if a person	116126
for whom a criminal records check was required in connection with	116127
the center or home previously has been convicted of or pleaded	116128
guilty to any of the violations described in division (A)(5) of	116129
section 109.572 of the Revised Code.	116130

(E) Each child day-care center, type A family day-care home,	116131
and type B family day-care home shall pay to the bureau of	116132
criminal identification and investigation the fee prescribed	116133
pursuant to division (C)(3) of section 109.572 of the Revised Code	116134
for each criminal records check conducted in accordance with that	116135
section upon a request made pursuant to division (A) of this	116136
section.	116137

(F) The report of any criminal records check conducted by the	116138
bureau of criminal identification and investigation in accordance	116139
with section 109.572 of the Revised Code and pursuant to a request	116140
made under division (A) of this section is not a public record for	116141
the purposes of section 149.43 of the Revised Code and shall not	116142
be made available to any person other than the person who is the	116143
subject of the criminal records check or the person's	116144
representative, the director of job and family services, the	116145
director of a county department of job and family services, the	116146
center, type A home, or type B home involved, and any court,	116147
hearing officer, or other necessary individual involved in a case	116148
dealing with a denial of licensure or certification related to the	116149
criminal records check.	116150

(G) The director of job and family services shall adopt rules	116151
in accordance with Chapter 119. of the Revised Code to implement	116152
this section, including rules specifying exceptions to the	116153
prohibition in division (D) of this section for persons who have	116154
been convicted of an offense listed in that division but who meet	116155
standards in regard to rehabilitation set by the director.	116156

(H) As used in this section, "criminal records check" has the	116157
same meaning as in section 109.572 of the Revised Code.	116158

Sec. 5104.03. (A) Any person, firm, organization,	116159
institution, or agency seeking to establish a child day-care	116160
center, type A family day-care home, or licensed type B family	116161
day-care home shall apply for a license to the director of job and	116162
family services on such form as the director prescribes. The	116163
director shall provide at no charge to each applicant for	116164
licensure a copy of the child care license requirements in this	116165
chapter and a copy of the rules adopted pursuant to this chapter.	116166
The copies may be provided in paper or electronic form.	116167

Fees shall be set by the director pursuant to sections	116168
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	116169
paid at the time of application for a license to operate a center,	116170
type A home, or type B home. Fees collected under this section	116171
shall be paid into the state treasury to the credit of the general	116172
revenue fund.	116173

(B)(1) Upon filing of the application for a license, the	116174
director shall investigate and inspect the center, type A home, or	116175
type B home to determine the license capacity for each age	116176
category of children of the center, type A home, or type B home	116177
and to determine whether the center, type A home, or type B home	116178
complies with this chapter and rules adopted pursuant to this	116179
chapter. When, after investigation and inspection, the director is	116180
satisfied that this chapter and rules adopted pursuant to it are	116181
complied with, subject to division (H) of this section, a license	116182
shall be issued as soon as practicable in such form and manner as	116183
prescribed by the director. The license shall be designated as	116184
provisional and shall be valid for twelve months from the date of	116185
issuance unless revoked.	116186

(2) The director may contract with a government entity or a	116187
private nonprofit entity for the entity to inspect and license	116188
type B family day-care homes pursuant to this section. The	116189
department, government entity, or nonprofit entity shall conduct	116190
the inspection prior to the issuance of a license for the type B	116191
home and, as part of that inspection, ensure that the type B home	116192
is safe and sanitary.	116193

(C)(1) On receipt of an application for licensure as a type B	116194
family day-care home to provide publicly funded child care, the	116195
department shall search the uniform statewide automated child	116196
welfare information system for information concerning any abuse or	116197
neglect report made pursuant to section 2151.421 of the Revised	116198
Code of which the applicant, any other adult residing in the	116199
applicant's home, or a person designated by the applicant to be an	116200
emergency or substitute caregiver for the applicant is the	116201
subject.	116202

(2) The department shall consider any information it	116203
discovers pursuant to division (C)(1) of this section or that is	116204
provided by a public children services agency pursuant to section	116205
5153.175 of the Revised Code. If the department determines that	116206
the information, when viewed within the totality of the	116207
circumstances, reasonably leads to the conclusion that the	116208
applicant may directly or indirectly endanger the health, safety,	116209
or welfare of children, the department shall deny the application	116210
for licensure or revoke the license of a type B family day-care	116211
home.	116212

(D) The director shall investigate and inspect the center,	116213
type A home, or type B home at least once during operation under a	116214
license designated as provisional. If after the investigation and	116215
inspection the director determines that the requirements of this	116216
chapter and rules adopted pursuant to this chapter are met,	116217
subject to division (H) of this section, the director shall issue	116218
a new license to the center or home.	116219

(E) Each license shall state the name of the licensee, the	116220
name of the administrator, the address of the center, type A home,	116221
or licensed type B home, and the license capacity for each age	116222
category of children. The license shall include thereon, in	116223
accordance with sections 5104.015, 5104.017, and 5104.018 of the	116224
Revised Code, the toll-free telephone number to be used by persons	116225
suspecting that the center, type A home, or licensed type B home	116226
has violated a provision of this chapter or rules adopted pursuant	116227
to this chapter. A license is valid only for the licensee,	116228
administrator, address, and license capacity for each age category	116229
of children designated on the license. The license capacity	116230
specified on the license is the maximum number of children in each	116231
age category that may be cared for in the center, type A home, or	116232
licensed type B home at one time.	116233

The center or type A home licensee shall notify the director	116234
when the administrator of the center or home changes. The director	116235
shall amend the current license to reflect a change in an	116236
administrator, if the administrator meets the requirements of this	116237
chapter and rules adopted pursuant to this chapter, or a change in	116238
license capacity for any age category of children as determined by	116239
the director of job and family services.	116240

(F) If the director revokes the license of a center, a type A	116241
home, or a type B home, the director shall not issue another	116242
license to the owner of the center, type A home, or type B home	116243
until five years have elapsed from the date the license is	116244
revoked.	116245

If the director denies an application for a license, the	116246
director shall not accept another application from the applicant	116247
until five years have elapsed from the date the application is	116248
denied.	116249

(G) If during the application for licensure process the	116250
director determines that the license of the owner has been	116251
revoked, the investigation of the center, type A home, or type B	116252
home shall cease. This action does not constitute denial of the	116253
application and may not be appealed under division (H) of this	116254
section.	116255

(H) All actions of the director with respect to licensing	116256
centers, type A homes, or type B homes, refusal to license, and	116257
revocation of a license shall be in accordance with Chapter 119.	116258
of the Revised Code. Any applicant who is denied a license or any	116259
owner whose license is revoked may appeal in accordance with	116260
section 119.12 of the Revised Code.	116261

(I) In no case shall the director issue a license under this	116262
section for a center, type A home, or type B home if the director,	116263
based on documentation provided by the appropriate county	116264
department of job and family services, determines that the	116265
applicant had been certified as a type B family day-care home when	116266
such certifications were issued by county departments prior to ~~the~~	116267
~~effective date of this amendment~~January 1, 2014, that the county	116268
department revoked that certification within the immediately	116269
preceding five years, that the revocation was based on the	116270
applicant's refusal or inability to comply with the criteria for	116271
certification, and that the refusal or inability resulted in a	116272
risk to the health or safety of children.	116273

(J)(1) Except as provided in division (J)(2) of this section,	116274
an administrator of a type B family day-care home that receives a	116275
license pursuant to this section to provide publicly funded child	116276
care is an independent contractor and is not an employee of the	116277
department of job and family services.	116278

(2) For purposes of Chapter 4141. of the Revised Code,	116279
determinations concerning the employment of an administrator of a	116280
type B family day-care home that receives a license pursuant to	116281
this section shall be determined under Chapter 4141. of the	116282
Revised Code.	116283

Sec. 5104.08. (A) There is hereby created in the department	116284
of job and family services a child care advisory council to advise	116285
and assist the department in the administration of this chapter	116286
and in the development of child care. The council shall consist of	116287
twenty-two voting members appointed by the director of job and	116288
family services with the approval of the governor. The director of	116289
job and family services, the director of developmental	116290
disabilities, the director of ~~mental health~~mental health and	116291
addiction services, the superintendent of public instruction, the	116292
director of health, the director of commerce, and the state fire	116293
marshal shall serve as nonvoting members of the council.	116294

Six members shall be representatives of child care centers	116295
subject to licensing, the members to represent a variety of	116296
centers, including nonprofit and proprietary, from different	116297
geographical areas of the state. At least three members shall be	116298
parents, guardians, or custodians of children receiving child care	116299
or publicly funded child care in the child's own home, a center, a	116300
type A home, a head start program, a licensed type B home, or a	116301
type B home at the time of appointment. Three members shall be	116302
representatives of in-home aides, type A homes, licensed type B	116303
homes, or type B homes or head start programs. At least six	116304
members shall represent county departments of job and family	116305
services. The remaining members shall be representatives of the	116306
teaching, child development, and health professions, and other	116307
individuals interested in the welfare of children. At least six	116308
members of the council shall not be employees or licensees of a	116309
child day-care center, head start program, or type A home, or	116310
providers operating a licensed type B home or type B home, or	116311
in-home aides.	116312

Appointments shall be for three-year terms. Vacancies shall	116313
be filled for the unexpired terms. A member of the council is	116314
subject to removal by the director of job and family services for	116315
a willful and flagrant exercise of authority or power that is not	116316
authorized by law, for a refusal or willful neglect to perform any	116317
official duty as a member of the council imposed by law, or for	116318
being guilty of misfeasance, malfeasance, nonfeasance, or gross	116319
neglect of duty as a member of the council.	116320

There shall be two co-chairpersons of the council. One	116321
co-chairperson shall be the director of job and family services or	116322
the director's designee, and one co-chairperson shall be elected	116323
by the members of the council. The council shall meet as often as	116324
is necessary to perform its duties, provided that it shall meet at	116325
least once in each quarter of each calendar year and at the call	116326
of the co-chairpersons. The co-chairpersons or their designee	116327
shall send to each member a written notice of the date, time, and	116328
place of each meeting.	116329

Members of the council shall serve without compensation, but	116330
shall be reimbursed for necessary expenses.	116331

(B) The child care advisory council shall advise the director	116332
on matters affecting the licensing of centers, type A homes, and	116333
type B homes and the certification of in-home aides. The council	116334
shall make an annual report to the director of job and family	116335
services that addresses the availability, affordability,	116336
accessibility, and quality of child care and that summarizes the	116337
recommendations and plans of action that the council has proposed	116338
to the director during the preceding fiscal year. The director of	116339
job and family services shall provide copies of the report to the	116340
governor, speaker and minority leader of the house of	116341
representatives, and the president and minority leader of the	116342
senate and, on request, shall make copies available to the public.	116343

(C) The director of job and family services shall adopt rules	116344
in accordance with Chapter 119. of the Revised Code to implement	116345
this section.	116346

Sec. 5104.32. (A) Except as provided in division (C) of this	116347
section, all purchases of publicly funded child care shall be made	116348
under a contract entered into by a licensed child day-care center,	116349
licensed type A family day-care home, licensed type B family	116350
day-care home, certified in-home aide, approved child day camp,	116351
licensed preschool program, licensed school child program, or	116352
border state child care provider and the department of job and	116353
family services. All contracts for publicly funded child care	116354
shall be contingent upon the availability of state and federal	116355
funds. The department shall prescribe a standard form to be used	116356
for all contracts for the purchase of publicly funded child care,	116357
regardless of the source of public funds used to purchase the	116358
child care. To the extent permitted by federal law and	116359
notwithstanding any other provision of the Revised Code that	116360
regulates state contracts or contracts involving the expenditure	116361
of state or federal funds, all contracts for publicly funded child	116362
care shall be entered into in accordance with the provisions of	116363
this chapter and are exempt from any other provision of the	116364
Revised Code that regulates state contracts or contracts involving	116365
the expenditure of state or federal funds.	116366

(B) Each contract for publicly funded child care shall	116367
specify at least the following:	116368

(1) That the provider of publicly funded child care agrees to	116369
be paid for rendering services at the lower of the rate	116370
customarily charged by the provider for children enrolled for	116371
child care or the reimbursement ceiling or rate of payment	116372
established pursuant to section 5104.30 of the Revised Code;	116373

(2) That, if a provider provides child care to an individual	116374
potentially eligible for publicly funded child care who is	116375
subsequently determined to be eligible, the department agrees to	116376
pay for all child care provided between the date the county	116377
department of job and family services receives the individual's	116378
completed application and the date the individual's eligibility is	116379
determined;	116380

(3) Whether the county department of job and family services,	116381
the provider, or a child care resource and referral service	116382
organization will make eligibility determinations, whether the	116383
provider or a child care resource and referral service	116384
organization will be required to collect information to be used by	116385
the county department to make eligibility determinations, and the	116386
time period within which the provider or child care resource and	116387
referral service organization is required to complete required	116388
eligibility determinations or to transmit to the county department	116389
any information collected for the purpose of making eligibility	116390
determinations;	116391

(4) That the provider, other than a border state child care	116392
provider, shall continue to be licensed, approved, or certified	116393
pursuant to this chapter and shall comply with all standards and	116394
other requirements in this chapter and in rules adopted pursuant	116395
to this chapter for maintaining the provider's license, approval,	116396
or certification;	116397

(5) That, in the case of a border state child care provider,	116398
the provider shall continue to be licensed, certified, or	116399
otherwise approved by the state in which the provider is located	116400
and shall comply with all standards and other requirements	116401
established by that state for maintaining the provider's license,	116402
certificate, or other approval;	116403

(6) Whether the provider will be paid by the state department	116404
of job and family services or in some other manner as prescribed	116405
by rules adopted under section 5104.42 of the Revised Code;	116406

(7) That the contract is subject to the availability of state	116407
and federal funds.	116408

(C) Unless specifically prohibited by federal law or by rules	116409
adopted under section 5104.42 of the Revised Code, the county	116410
department of job and family services shall give individuals	116411
eligible for publicly funded child care the option of obtaining	116412
certificates that the individual may use to purchase services from	116413
any provider qualified to provide publicly funded child care under	116414
section 5104.31 of the Revised Code. Providers of publicly funded	116415
child care may present these certificates for payment in	116416
accordance with rules that the director of job and family services	116417
shall adopt. Only providers may receive payment for certificates.	116418
The value of the certificate shall be based on the lower of the	116419
rate customarily charged by the provider or the rate of payment	116420
established pursuant to section 5104.30 of the Revised Code. The	116421
county department may provide the certificates to the individuals	116422
or may contract with child care providers or child care resource	116423
and referral service organizations that make determinations of	116424
eligibility for publicly funded child care pursuant to contracts	116425
entered into under section 5104.34 of the Revised Code for the	116426
providers or resource and referral service organizations to	116427
provide the certificates to individuals whom they determine are	116428
eligible for publicly funded child care.	116429

For each six-month period a provider of publicly funded child	116430
care provides publicly funded child care to the child of an	116431
individual given certificates, the individual shall provide the	116432
provider certificates for days the provider would have provided	116433
publicly funded child care to the child had the child been	116434
present. The maximum number of days providers shall be provided	116435
certificates shall not exceed ten days in a six-month period	116436
during which publicly funded child care is provided to the child	116437
regardless of the number of providers that provide publicly funded	116438
child care to the child during that period.	116439

(D)(1) The department shall establish the Ohio electronic	116440
child care system to track attendance and calculate payments for	116441
publicly funded child care. The system shall include issuing an	116442
electronic child care card to each caretaker parent to swipe	116443
through a point of service device issued to an eligible provider,	116444
as described in section 5104.31 of the Revised Code.	116445

(2) Each eligible provider that provides publicly funded	116446
child care shall participate in the Ohio electronic child care	116447
system. A provider participating in the system shall not do any of	116448
the following:	116449

(a) Use or have possession of an electronic child care card	116450
issued to a caretaker parent;	116451

(b) Falsify attendance records;

116452

(c) Knowingly seek payment for publicly funded child care	116453
that was not provided;	116454

(d) Knowingly accept reimbursement for publicly funded child	116455
care that was not provided.	116456

Section 110.21. That the existing versions of sections	116457
109.57, 2151.011, 2923.126, 5104.012, 5104.013, 5104.03, 5104.08,	116458
and 5104.32 of the Revised Code that are scheduled to take effect	116459
January 1, 2014, are hereby repealed.	116460

Section 110.22. Sections 110.20 and 110.21 of this act shall	116461
take effect January 1, 2014, except that the amendments by	116462
Sections 110.20 and 110.21 of this act to divisions (B)(49) and	116463
(50) of section 2151.011 of the Revised Code shall take effect	116464
July 1, 2014.	116465

Section 125.10. (A) Sections 5168.01, 5168.02, 5168.03,	116466
5168.04, 5168.05, 5168.06, 5168.07, 5168.08, 5168.09, 5168.10,	116467
5168.11, 5168.12, 5168.13, 5168.99, and 5168.991 of the Revised	116468
Code are hereby repealed, effective October 16, 2015.	116469

(B) Any money remaining in the Legislative Budget Services	116470
Fund on October 16, 2015, the date that section 5168.12 of the	116471
Revised Code is repealed by division (A) of this section, shall be	116472
used solely for the purposes stated in then former section 5168.12	116473
of the Revised Code. When all money in the Legislative Budget	116474
Services Fund has been spent after then former section 5168.12 of	116475
the Revised Code is repealed under division (A) of this section,	116476
the fund shall cease to exist.	116477

Section 125.11. Sections 5168.20, 5168.21, 5168.22, 5168.23,	116478
5168.24, 5168.25, 5168.26, 5168.27, and 5168.28 of the Revised	116479
Code are hereby repealed, effective October 1, 2015.	116480

Section 125.12. That Section 153 of Am. Sub. H.B. 117 of the	116481
121st General Assembly, as most recently amended by Am. Sub. H.B.	116482
153 of the 129th General Assembly, is hereby repealed.	116483

Section 125.13. That Section 125.10 of Am. Sub. H.B. 1 of the	116484
128th General Assembly, as most recently amended by Am. Sub. H.B.	116485
153 of the 129th General Assembly, is hereby repealed.	116486

Section 201.10. Except as otherwise provided in this act,	116487
all appropriation items in this act are appropriated out of any	116488
moneys in the state treasury to the credit of the designated fund	116489
that are not otherwise appropriated. For all appropriations made	116490
in this act, the amounts in the first column are for fiscal year	116491
2014 and the amounts in the second column are for fiscal year	116492
2015.	116493

Section l. ACC ACCOUNTANCY BOARD OF OHIO

116494

General Services Fund Group	116495

4J80	889601	CPA Education Assistance	$	325,000	$	325,000	116496
4K90	889609	Operating Expenses	$	977,500	$	977,500	116497
TOTAL GSF General Services Fund							116498
Group			$	1,302,500	$	1,302,500	116499
TOTAL ALL BUDGET FUND GROUPS			$	1,302,500	$	1,302,500	116500

Section 205.10. ADJ ADJUTANT GENERAL

116502

General Revenue Fund	116503

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	116504
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	116505
GRF	745407	National Guard Benefits	$	400,000	$	400,000	116506
GRF	745409	Central Administration	$	2,682,098	$	2,682,098	116507
GRF	745499	Army National Guard	$	3,689,871	$	3,689,871	116508
TOTAL GRF General Revenue Fund			$	8,594,883	$	8,594,883	116509

General Services Fund Group	116510

5340	745612	Property Operations Management	$	534,304	$	534,304	116511
5360	745605	Marksmanship Activities	$	128,600	$	128,600	116512
5360	745620	Camp Perry and Buckeye Inn Operations	$	978,846	$	978,846	116513
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	116514
TOTAL GSF General Services Fund Group			$	1,703,750	$	1,703,750	116515

Federal Special Revenue Fund Group	116516

3410	745615	Air National Guard Base Security	$	2,919,000	$	2,919,000	116517
3420	745616	Army National Guard Service Agreement	$	15,063,000	$	15,063,000	116518
3E80	745628	Air National Guard Operations and Maintenance	$	16,850,000	$	16,850,000	116519
3R80	745603	Counter Drug Operations	$	15,000	$	15,000	116520
TOTAL FED Federal Special Revenue Fund Group			$	34,847,000	$	34,847,000	116521

State Special Revenue Fund Group	116522

5U80	745613		Community Match Armories		$	350,000		$	350,000		116523
TOTAL SSR State Special Revenue Fund Group					$	350,000		$	350,000		116524

TOTAL ALL BUDGET FUND GROUPS

45,495,633

116525

NATIONAL GUARD BENEFITS

116526

The foregoing appropriation item 745407, National Guard	116527
Benefits, shall be used for purposes of sections 5919.31 and	116528
5919.33 of the Revised Code, and for administrative costs of the	116529
associated programs.	116530

If necessary, in order to pay benefits in a timely manner	116531
pursuant to sections 5919.31 and 5919.33 of the Revised Code, the	116532
Adjutant General may request the Director of Budget and Management	116533
transfer appropriation from any appropriation item used by the	116534
Adjutant General to appropriation item 745407, National Guard	116535
Benefits. The Adjutant General may subsequently seek Controlling	116536
Board approval to restore the appropriation in the appropriation	116537
item from which such a transfer was made.	116538

For active duty members of the Ohio National Guard who died	116539
after October 7, 2001, while performing active duty, the death	116540
benefit, pursuant to section 5919.33 of the Revised Code, shall be	116541
paid to the beneficiary or beneficiaries designated on the	116542
member's Servicemembers' Group Life Insurance Policy.	116543

STATE ACTIVE DUTY COSTS

116544

Of the foregoing appropriation item 745409, Central	116545
Administration, $50,000 in each fiscal year shall be used for the	116546
purpose of paying expenses related to state active duty of members	116547
of the Ohio organized militia, in accordance with a proclamation	116548
of the Governor. Expenses include, but are not limited to, the	116549
cost of equipment, supplies, and services, as determined by the	116550
Adjutant General's Department.	116551

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

116552

General Revenue Fund	116553

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	116554
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	116555
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	116556
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	116557
GRF	100447	Administrative Building Lease Rental Payments	$	85,847,800	$	91,059,600	116558
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	116559
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	116560
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	116561
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	116562
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	116563
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	116564
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	116565
TOTAL GRF General Revenue Fund			$	158,052,951	$	163,247,551	116566

General Services Fund Group	116567

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	116568
1150	100632	Central Service Agency	$	911,580	$	927,699	116569
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	116570
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	116571
1250	100622	Human Resources Division - Operating	$	16,649,839	$	16,649,839	116572
1250	100657	Benefits Communication	$	712,316	$	712,316	116573
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	116574
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	116575
1320	100631	DAS Building Management	$	19,743,170	$	19,743,170	116576
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	116577
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	116578
2100	100612	State Printing	$	20,459,526	$	20,459,526	116579
2290	100630	IT Governance	$	16,446,474	$	16,446,474	116580
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	116581
4270	100602	Investment Recovery	$	3,885,000	$	2,900,000	116582
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	116583
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	116584
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	116585
5C30	100608	Minor Construction Project Management	$	204,375	$	204,375	116586
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	116587
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	116588
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	116589
5KZ0	100659	Building Improvement	$	500,000	$	500,000	116590
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	116591
5LA0	100660	Building Operation	$	27,000,767	$	27,214,648	116592
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	116593
5V60	100619	Employee Educational Development	$	800,000	$	800,000	116594
TOTAL GSF General Services Fund							116595
Group			$	334,781,795	$	321,016,227	116596

Federal Special Revenue Fund Group	116597

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	116598
TOTAL FED Federal Special Revenue							116599
Fund Group			$	1,723,009	$	1,723,009	116600

State Special Revenue Fund Group	116601

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	116602
5MV0	100662	Theatre Equipment Maintenance	$	80,891	$	80,891	116603
TOTAL SSR State Special Revenue							116604
Fund Group			$	3,109,257	$	1,070,891	116605
TOTAL ALL BUDGET FUND GROUPS			$	497,667,012	$	487,057,678	116606

Section 207.20. OAKS LEASE RENTAL PAYMENTS

116608

The foregoing appropriation item 100415, OAKS Lease Rental	116609
Payments, shall be used for payments at the times they are	116610
required to be made for the period from July 1, 2013, through June	116611
30, 2015, pursuant to leases and agreements entered into under	116612
Chapter 125. of the Revised Code, as supplemented by Section	116613
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	116614
other prior acts of the General Assembly, with respect to	116615
financing the costs associated with the acquisition, development,	116616
installation, and implementation of the Ohio Administrative	116617
Knowledge System. If it is determined that additional	116618
appropriations are necessary for this purpose, the amounts are	116619
hereby appropriated.	116620

Section 207.30. STARS LEASE RENTAL PAYMENTS

116621

The foregoing appropriation item 100416, STARS Lease Rental	116622
Payments, shall be used for payments at the times they are	116623
required to be made for the period from July 1, 2013, through June	116624
30, 2015, pursuant to leases and agreements entered into under	116625
Chapter 125. of the Revised Code, as supplemented by Section	116626
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	116627
other prior acts of the General Assembly, with respect to	116628
financing the cost for the acquisition, development, installation,	116629
and implementation of the State Taxation Accounting and Revenue	116630
System (STARS). If it is determined that additional appropriations	116631
are necessary for this purpose, the amounts are appropriated.	116632

The State Taxation Accounting and Revenue System (STARS) is	116633
an integrated tax collection and audit system that will replace	116634
all of the state's existing separate tax software and	116635
administration systems for the various taxes collected by the	116636
state. The Department of Administrative Services, in conjunction	116637
with the Department of Taxation, may acquire STARS, including, but	116638
not limited to, the application hardware and software and	116639
installation and implementation thereof, for the use of the	116640
Department of Taxation. Any lease-purchase agreement used under	116641
Chapter 125. of the Revised Code to acquire STARS, including any	116642
fractionalized interests as defined in division (N) of section	116643
133.01 of the Revised Code in the lease payments under that	116644
agreement, shall provide at the end of the lease period that the	116645
financed asset becomes the property of the state. The principal	116646
amount of any new such financing is limited, excluding the	116647
principal amounts of any lease-purchase financing heretofore	116648
completed for STARS, to the amount of $20,000,000.	116649

Section 207.40. MARCS LEASE RENTAL PAYMENTS

116650

The foregoing appropriation item 100414, MARCS Lease Rental	116651
Payments, shall be used for payments at the times they are	116652
required to be made for the period from July 1, 2013, through June	116653
30, 2015, pursuant to leases and agreements entered into under	116654
Chapter 125. of the Revised Code, as supplemented by Section	116655
701.20 of Sub. H.B. 482 of the 129th General Assembly, with	116656
respect to financing the cost for the acquisition, development,	116657
installation, and implementation of the Multi-Agency Radio	116658
Communication System (MARCS) upgrade. If it is determined that	116659
additional appropriations are necessary for this purpose, the	116660
amounts are hereby appropriated.	116661

Section 207.50. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	116662
UPGRADE	116663

The Multi-Agency Radio Communications System (MARCS) is a	116664
statewide computer and communications network designed to provide	116665
instant voice and data communication and supply a communications	116666
backbone to public safety and emergency management. The Department	116667
of Administrative Services may update or add functionality to	116668
MARCS to upgrade the existing system to a 700/800 megahertz voice	116669
and data system specifically designed to support interoperable	116670
communications for public safety law enforcement and first	116671
responders. The improvements may include, but are not limited to,	116672
hardware and software and the installation and implementation	116673
thereof. Any lease-purchase agreement utilized under Chapter 125.	116674
of the Revised Code to acquire MARCS and the enhancements	116675
described above, including any fractionalized interest as defined	116676
in division (N) of section 133.01 of the Revised Code in the lease	116677
payments under that agreement, shall provide at the end of the	116678
lease period that the financed asset becomes the property of the	116679
state. The principal amount of any new such financing is limited,	116680
in addition to the principal amounts of lease-purchase financing	116681
heretofore completed for MARCS, to the amount of $27,000,000.	116682

Section 207.60. ADMINISTRATIVE BUILDING LEASE RENTAL PAYMENTS

116683

The foregoing appropriation item 100447, Administrative	116684
Building Lease Rental Payments, shall be used to meet all payments	116685
at the times they are required to be made during the period from	116686
July 1, 2013, through June 30, 2015, by the Department of	116687
Administrative Services pursuant to leases and agreements under	116688
Chapters 152. and 154. of the Revised Code. These appropriations	116689
are the source of funds pledged for bond service charges on	116690
related obligations issued under Chapters 152. and 154. of the	116691
Revised Code.	116692

The foregoing appropriation item 100448, Office Building	116693
Operating Payments, shall be used to pay the expenses of vacant	116694
space, space undergoing renovation, agencies funded by the General	116695
Revenue Fund, and the rent expenses of tenants that have been	116696
relocated because of building renovations that occupy space in the	116697
James A. Rhodes State Office Tower, the Vern Riffe Center for	116698
Government and the Arts, the Frank J. Lausche State Office	116699
Building, the Michael V. DiSalle Government Center, and the Oliver	116700
R. Ocasek Government Office Building.	116701

At least once per year, the portion of appropriation item	116702
100448, Office Building Operating Payments, that is not used for	116703
expenses of agencies funded by the General Revenue Fund, vacant	116704
space, space undergoing renovation, and the rent expenses of	116705
tenants that are relocated because of building renovations shall	116706
be processed by the Department of Administrative Services through	116707
intrastate voucher and placed in the Building Improvements Fund	116708
(Fund 5KZ0).	116709

Section 207.70. DAS - BUILDING OPERATING PAYMENTS

116710

The foregoing appropriation item 100449, DAS - Building	116711
Operating Payments, shall be used to pay the rent expenses of	116712
veterans organizations pursuant to section 123.024 of the Revised	116713
Code in fiscal years 2014 and 2015.	116714

The foregoing appropriation item, 100449, DAS - Building	116715
Operating Payments, also may be used to provide funding for the	116716
cost of property appraisals or building studies that the	116717
Department of Administrative Services may be required to obtain	116718
for property that is being sold by the state or property under	116719
consideration to be renovated or purchased by the state.	116720

Notwithstanding section 125.28 of the Revised Code, the	116721
remaining portion of the appropriation may be used to pay the	116722
operating expenses of state facilities maintained by the	116723
Department of Administrative Services that are not billed to	116724
building tenants, or other costs associated with the Voinovich	116725
Center in Youngstown, Ohio. These expenses may include, but are	116726
not limited to, the costs for vacant space and space undergoing	116727
renovation, and the rent expenses of tenants that are relocated	116728
because of building renovations. These payments may be processed	116729
by the Department of Administrative Services through intrastate	116730
transfer vouchers and placed in the Building Management Fund (Fund	116731
1320).	116732

CASH TRANSFER FROM THE WORKFORCE DEVELOPMENT FUND TO THE	116733
HUMAN RESOURCES SERVICES FUND	116734

Upon request of the Director of Administrative Services,	116735
during the FY 2014 - FY 2015 biennium, the Director of Budget and	116736
Management shall transfer up to $975,000 from the Workforce	116737
Development Fund (Fund 5D70) to the Human Resources Services Fund	116738
(Fund 1250) to support one-time human resources administration	116739
activities for state agencies.	116740

Section 207.80. CENTRAL SERVICE AGENCY FUND

116741

Appropriation item 100632, Central Service Agency, shall be	116742
used to purchase the equipment, products, and services that are	116743
needed to maintain existing automated applications for the	116744
professional licensing boards and the Casino Control Commission to	116745
support board licensing functions in fiscal years 2014 and 2015	116746
until these functions are replaced by the Ohio Professionals	116747
Licensing System. The Department of Administrative Services shall	116748
establish charges for recovering the costs of carrying out these	116749
functions. The charges shall be billed to the professional	116750
licensing boards and the Casino Control Commission, and deposited	116751
via intrastate transfer vouchers to the credit of the Central	116752
Service Agency Fund (Fund 1150).	116753

Upon implementation of the replacement Ohio Professionals	116754
Licensing System and the decommissioning of the existing automated	116755
applications, the Director of Budget and Management may transfer	116756
any cash balances that remain in the Central Service Agency Fund	116757
(Fund 1150) and that are attributable to the operation of the	116758
existing automated applications to the Professions Licensing	116759
System Fund (Fund 5JQ0).	116760

Section 207.90. GENERAL SERVICE CHARGES

116761

The Department of Administrative Services, with the approval	116762
of the Director of Budget and Management, shall establish charges	116763
for recovering the costs of administering the programs funded by	116764
the General Services Fund (Fund 1170) and the State Printing Fund	116765
(Fund 2100). Such charges within Fund 1170 may be used to recover	116766
the cost of paying a vendor to establish reduced pricing for	116767
contracted supplies or services.	116768

If the Director of Administrative Services determines that	116769
additional amounts are necessary to pay for consulting and	116770
administrative costs related to securing lower pricing, the	116771
Director of Administrative Services may request that the Director	116772
of Budget and Management approve additional expenditures. Such	116773
approved additional amounts are appropriated to appropriation item	116774
100644, General Services Division-Operating.	116775

Section 207.100. COLLECTIVE BARGAINING ARBITRATION EXPENSES

116776

With approval of the Director of Budget and Management, the	116777
Department of Administrative Services may seek reimbursement from	116778
state agencies for the actual costs and expenses the Department	116779
incurs in the collective bargaining arbitration process. The	116780
reimbursements shall be processed through intrastate transfer	116781
vouchers and credited to the Collective Bargaining Fund (Fund	116782
1280).	116783

Section 207.110. EQUAL OPPORTUNITY PROGRAM

116784

The Department of Administrative Services, with the approval	116785
of the Director of Budget and Management, shall establish charges	116786
for recovering the costs of administering the activities supported	116787
by the State EEO Fund (Fund 1880). These charges shall be	116788
deposited to the credit of the State EEO Fund (Fund 1880) upon	116789
payment made by state agencies, state-supported or state-assisted	116790
institutions of higher education, and tax-supported agencies,	116791
municipal corporations, and other political subdivisions of the	116792
state, for services rendered.	116793

Section 207.113. LEVERAGED ENTERPRISE PURCHASES

116794

The foregoing appropriation item 100640, Leveraged Enterprise	116795
Purchases, shall be used by the Department of Administrative	116796
Services to make information technology purchases for the benefit	116797
of one or more government entities as authorized under division	116798
(G) of section 125.18 of the Revised Code. If the Director of	116799
Administrative Services determines that additional amounts are	116800
necessary to pay for pass-through information technology purchases	116801
that will be billed to one or more state agencies, the Director of	116802
Administrative Services shall seek Controlling Board approval for	116803
an increase in appropriation to make the requested purchases.	116804

Section 207.120. INVESTMENT RECOVERY FUND

116805

Notwithstanding division (B) of section 125.14 of the Revised	116806
Code, cash balances in the Investment Recovery Fund (Fund 4270)	116807
may be used to support the operating expenses of the Federal	116808
Surplus Operating Program created in sections 125.84 to 125.90 of	116809
the Revised Code.	116810

Of the foregoing appropriation item 100602, Investment	116811
Recovery, up to $1,618,062 in fiscal year 2014 and up to	116812
$1,638,515 in fiscal year 2015 may be used to pay the operating	116813
expenses of the State Surplus Property Program and the Surplus	116814
Federal Property Program, under Chapter 125. of the Revised Code	116815
and this section. If additional appropriations are necessary for	116816
the operations of these programs, the Director of Administrative	116817
Services shall seek increased appropriations from the Controlling	116818
Board under section 131.35 of the Revised Code.	116819

Of the foregoing appropriation item 100602, Investment	116820
Recovery, up to $2,266,938 in fiscal year 2014 and up to	116821
$1,261,485 in fiscal year 2015 shall be used to transfer proceeds	116822
from the sale of surplus property from the Investment Recovery	116823
Fund to non-General Revenue Funds under division (A)(2) of section	116824
125.14 of the Revised Code. If it is determined by the Director of	116825
Administrative Services that additional amounts are necessary for	116826
the transfer of such sale proceeds, the Director of Administrative	116827
Services may request the Director of Budget and Management to	116828
authorize additional amounts. Such authorized additional amounts	116829
are hereby appropriated.	116830

Section 207.130. MAJOR IT PURCHASES CHARGES

116831

The Department of Administrative Services may bill agencies	116832
for actual expenditures made for major IT purchases if those	116833
expenditures are not recovered as part of the information	116834
technology services rates the Department charges and deposits into	116835
the Information Technology Fund (Fund 1330) created in section	116836
125.15 of the Revised Code. These charges shall be deposited to	116837
the credit of the Major IT Purchases Fund (Fund 4N60).	116838

Section 207.140. DAS INFORMATION SERVICES

116839

There is hereby established in the State Treasury the DAS	116840
Information Services Fund. The foregoing appropriation item	116841
100603, DAS Information Services, shall be used to pay the costs	116842
of providing information systems and services in the Department of	116843
Administrative Services. Any state agency, board, or commission	116844
may use DAS Information Services by paying for the services	116845
rendered.	116846

The Department of Administrative Services shall establish	116847
user charges for all information systems and services that are	116848
allowable in the statewide indirect cost allocation plan submitted	116849
annually to the United States Department of Health and Human	116850
Services. These charges shall comply with federal regulations and	116851
shall be deposited to the credit of the DAS Information Services	116852
Fund (Fund 4P30).	116853

Section 207.150. CASH TRANSFER FROM THE MARCS ADMINISTRATION	116854
FUND TO GRF	116855

Upon the request of the Director of Administrative Services,	116856
the Director of Budget and Management may transfer unobligated	116857
cash in the MARCS Administration Fund (Fund 5C20) to the General	116858
Revenue Fund to reimburse the General Revenue Fund for lease	116859
rental payments made on behalf of the MARCS upgrade.	116860

Section 207.160. PROFESSIONS LICENSING SYSTEM

116861

There is hereby created in the state treasury the Professions	116862
Licensing System Fund (Fund 5JQ0). Appropriation item 100658, Ohio	116863
Professionals Licensing System, shall be used to make payments	116864
from the fund. The fund shall be used to purchase the equipment,	116865
products, and services necessary to develop and maintain a	116866
replacement automated licensing system for the professional	116867
licensing boards. The Director of Budget and Management may	116868
transfer up to a total of $990,000 in cash from the Occupational	116869
Licensing and Regulatory Fund (4K90), the State Medical Board	116870
Operating Fund (Fund 5C60), and the Casino Control Commission –	116871
Operating Fund (Fund 5HS0) to the Professions Licensing System	116872
Fund during the FY 2014 - FY 2015 biennium. These transfers shall	116873
be in proportion to the number of current licensees issued by the	116874
professional licensing boards and current and anticipated licenses	116875
in the case of the Casino Control Commission. The purpose of these	116876
cash transfers is to fund the initial acquisition and development	116877
of the system. Any cash balances not expended in fiscal year 2014	116878
are hereby reappropriated in fiscal year 2015.	116879

Effective with the implementation of the replacement	116880
licensing system, the Department of Administrative Services shall	116881
establish charges for recovering the costs of ongoing maintenance	116882
of the system. The charges shall be billed to the professional	116883
licensing boards and the Casino Control Commission, and deposited	116884
via intrastate transfer vouchers to the credit of the Professions	116885
Licensing System Fund.	116886

Section 207.170. BUILDING IMPROVEMENT FUND

116887

The foregoing appropriation item 100659, Building	116888
Improvement, shall be used to make payments from the Building	116889
Improvement Fund (Fund 5KZ0) for major maintenance or improvements	116890
required in the James A. Rhodes State Office Tower, the Vern Riffe	116891
Center for Government and the Arts, the Frank J. Lausche State	116892
Office Building, the Michael V. DiSalle Government Center, and the	116893
Oliver R. Ocasek Government Office. The Department of	116894
Administrative Services shall conduct or contract for regular	116895
assessments of these buildings and shall maintain a cash balance	116896
in the Building Improvement Fund equal to the cost of the repairs	116897
and improvements that are recommended to occur within the next	116898
five years, with the following exception described below.	116899

Upon request of the Director of Administrative Services, the	116900
Director of Budget and Management may permit a cash transfer from	116901
the Building Improvement Fund (Fund 5KZ0) to the Building	116902
Operating Fund (Fund 5LA0) to pay costs of operating and	116903
maintaining the James A. Rhodes State Office Tower, the Vern Riffe	116904
Center for Government and the Arts, the Frank J. Lausche State	116905
Office Building, the Michael V. DiSalle Government Center, and the	116906
Oliver R. Ocasek Government Office that are not charged to tenants	116907
during the same fiscal year.	116908

Should the cash balance in the Building Operating Fund (Fund	116909
5LA0) be determined to be sufficient, the Director of	116910
Administrative Services may request that the Director of Budget	116911
and Management transfer cash from the Building Operating Fund	116912
(Fund 5LA0) to the Building Improvement Fund (Fund 5KZ0) in an	116913
amount equal to the initial cash transfer made under this section	116914
plus applicable interest.	116915

Section 207.180. PROFESSIONAL DEVELOPMENT FUND

116916

The foregoing appropriation item 100610, Professional	116917
Development, shall be used to make payments from the Professional	116918
Development Fund (Fund 5L70) under section 124.182 of the Revised	116919
Code. If it is determined by the Director of Administrative	116920
Services that additional amounts are necessary, the Director of	116921
Administrative Services may request that the Director of Budget	116922
and Management approve additional amounts. Such approved	116923
additional amounts are hereby appropriated.	116924

Section 207.190. BUILDING OPERATING FUND

116925

The foregoing appropriation item 100660, Building Operation,	116926
shall be used to make payments from the Building Operating Fund	116927
(Fund 5LA0) to pay costs of operating and maintaining the James A.	116928
Rhodes State Office Tower, the Vern Riffe Center for Government	116929
and the Arts, the Frank J. Lausche State Office Building, the	116930
Michael V. DiSalle Government Center, and the Oliver R. Ocasek	116931
Government Office.	116932

The Department of Administrative Services, with the approval	116933
of the Director of Budget and Management, shall establish charges	116934
to be reimbursed for the cost of operating these buildings. These	116935
charges shall include the cost of applicable depreciation on the	116936
buildings and the resulting revenue shall be deposited in the	116937
Building Operating Fund (Fund 5LA0).	116938

Section 207.200. INFORMATION TECHNOLOGY DEVELOPMENT

116939

The foregoing appropriation item 100661, IT Development,	116940
shall be used by the Department of Administrative Services to pay	116941
the costs of modernizing the state's information technology	116942
management and investment practices away from a limited,	116943
agency-specific focus in favor of a statewide methodology	116944
supporting development of enterprise solutions.	116945

The Department of Administrative Services, with the approval	116946
of the Director of Budget and Management, may charge state	116947
agencies an information technology development assessment based on	116948
state agencies' information technology expenditures or other	116949
methodology. The revenue from this assessment shall be deposited	116950
in the Information Technology Development Fund (Fund 5LJ0), which	116951
is hereby created.	116952

Section 207.210. EMPLOYEE EDUCATIONAL DEVELOPMENT

116953

The foregoing appropriation item 100619, Employee Educational	116954
Development, shall be used to make payments from the Employee	116955
Educational Development Fund (Fund 5V60) under section 124.86 of	116956
the Revised Code. The fund shall be used to pay the costs of	116957
administering educational programs under existing collective	116958
bargaining agreements with District 1199, the Health Care and	116959
Social Service Union; State Council of Professional Educators;	116960
Ohio Education Association and National Education Association; the	116961
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	116962
State Troopers Association, Units 1 and 15.	116963

If it is determined by the Director of Administrative	116964
Services that additional amounts are necessary, the Director of	116965
Administrative Services may request that the Director of Budget	116966
and Management approve additional amounts. Such approved	116967
additional amounts are hereby appropriated.	116968

Section 207.220. CASH TRANSFERS TO THE MAJOR IT PURCHASES	116969
FUND	116970

Upon request of the Director of Administrative Services, the	116971
Director of Budget and Management may transfer up to $4,000,000	116972
from the OAKS Support Organization Fund (Fund 5EB0) to the Major	116973
IT Purchases Fund (Fund 4N60). This amount represents cash	116974
transferred from Fund 4N60 during fiscal year 2010 pursuant to	116975
Section 207.30.80 of Am. Sub. H.B. 1 of the 128th General	116976
Assembly. Any portion of appropriation item 100617, Major IT	116977
Purchases, that is unencumbered and unexpended at the end of	116978
fiscal year 2014 is hereby reappropriated for fiscal year 2015.	116979

Section 207.230. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	116980
SERVICE PAYMENTS	116981

The Director of Administrative Services, in consultation with	116982
the Multi-Agency Radio Communication System (MARCS) Steering	116983
Committee and the Director of Budget and Management, shall	116984
determine the share of debt service payments attributable to	116985
spending for MARCS components that are not specific to any one	116986
agency and that shall be charged to agencies supported by the	116987
motor fuel tax. Such share of debt service payments shall be	116988
calculated for MARCS capital disbursements made beginning July 1,	116989
1997. Within thirty days of any payment made from appropriation	116990
item 100447, Administrative Building Lease Payments, the Director	116991
of Administrative Services shall certify to the Director of Budget	116992
and Management the amount of this share. The Director of Budget	116993
and Management shall transfer such amounts to the General Revenue	116994
Fund from the State Highway Safety Fund (Fund 7036) established in	116995
section 4501.06 of the Revised Code.	116996

The Director of Administrative Services shall consider	116997
renting or leasing existing tower sites at reasonable or current	116998
market rates, so long as these existing sites are equipped with	116999
the technical capabilities to support the MARCS project.	117000

Section 207.240. ENTERPRISE IT STRATEGY IMPLEMENTATION

117001

The Director of Administrative Services shall determine and	117002
implement strategies that benefit the enterprise by improving	117003
efficiency, reducing costs or enhancing capacity of information	117004
technology (IT) services. Such improvements and efficiencies may	117005
result in the consolidation and transfer of such services. As	117006
determined to be necessary for successful implementation of this	117007
section and notwithstanding any provision of law to the contrary,	117008
the Director of Administrative Services may request the Director	117009
of Budget and Management to consolidate or transfer IT-specific	117010
budget authority between agencies as necessary to implement	117011
enterprise IT cost containment strategies and related	117012
efficiencies. Once the Director of Budget and Management is	117013
satisfied that the proposed initiative is cost advantageous to the	117014
enterprise, the Director of Budget and Management may transfer	117015
appropriations, funds and cash as needed to implement the proposed	117016
initiative. The establishment of any new fund or total increased	117017
appropriation as a result of this section will be subject to	117018
approval by the Controlling Board.	117019

The Director of Budget and Management and the Director of	117020
Administrative Services may transfer any employees, assets, and	117021
liabilities, including, but not limited to, records, contracts,	117022
and agreements in order to facilitate the improvements determined	117023
in accordance with this section.	117024

Section 209.10. AGE DEPARTMENT OF AGING

117025

General Revenue Fund	117026

GRF	490321	Operating Expenses	$	1,487,418	$	1,487,418	117027
GRF	490410	Long-Term Care Ombudsman	$	477,448	$	477,448	117028
GRF	490411	Senior Community Services	$	7,060,844	$	7,060,844	117029
GRF	490414	Alzheimer's Respite	$	1,895,245	$	1,895,245	117030
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	117031
GRF	656423	Long-Term Care Program Support - State	$	3,385,057	$	3,385,057	117032
TOTAL GRF General Revenue Fund			$	14,547,425	$	14,547,425	117033

General Services Fund Group	117034

4800	490606	Senior Community Outreach and Education	$	372,523	$	372,523	117035
TOTAL GSF General Services Fund							117036
Group			$	372,523	$	372,523	117037

Federal Special Revenue Fund Group	117038

3220	490618	Federal Aging Grants	$	12,000,000	$	12,000,000	117039
3C40	656623	Long-Term Care Program Support - Federal	$	3,385,057	$	3,385,057	117040
3M40	490612	Federal Independence Services	$	58,655,080	$	58,655,080	117041
TOTAL FED Federal Special Revenue							117042
Fund Group			$	74,040,137	$	74,040,137	117043

State Special Revenue Fund Group	117044

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	117045
5BA0	490620	Ombudsman Support	$	1,250,000	$	1,250,000	117046
5K90	490613	Long-Term Care Consumers Guide	$	1,059,400	$	1,059,400	117047
5MT0	490627	Board of Executives of LTSS	$	600,000	$	600,000	117048
5W10	490616	Resident Services Coordinator Program	$	344,700	$	344,700	117049
TOTAL SSR State Special Revenue							117050
Fund Group			$	4,189,100	$	4,189,100	117051
TOTAL ALL BUDGET FUND GROUPS			$	93,149,185	$	93,149,185	117052

Section 209.20. LONG-TERM CARE

117054

Pursuant to an interagency agreement, the Department of	117055
Medicaid may designate the Department of Aging to perform	117056
assessments under section 5165.04 of the Revised Code. The	117057
Department of Aging shall provide long-term care consultations	117058
under section 173.42 of the Revised Code to assist individuals in	117059
planning for their long-term health care needs.	117060

The Department of Aging shall administer the Medicaid	117061
waiver-funded PASSPORT Home Care Program, the Choices Program, the	117062
Assisted Living Program, and PACE as delegated by the Department	117063
of Medicaid in an interagency agreement. The foregoing	117064
appropriation items 656423, Long-Term Care Program Support -	117065
State, and 656623, Long-Term Care Program Support - Federal, may	117066
be used to support the Department of Aging's administrative costs	117067
associated with operating the PASSPORT, Choices, Assisted Living,	117068
and PACE programs.	117069

PERFORMANCE-BASED REIMBURSEMENT

117070

The Department of Aging may design and utilize a payment	117071
method for PASSPORT administrative agency operations that includes	117072
a pay-for-performance incentive component that is earned by a	117073
PASSPORT administrative agency when defined consumer and policy	117074
outcomes are achieved.	117075

Section 209.30. LONG-TERM CARE OMBUDSMAN

117076

The foregoing appropriation item 490410, Long-Term Care	117077
Ombudsman, shall be used to fund ombudsman program activities as	117078
authorized in sections 173.14 to 173.27 and section 173.99 of the	117079
Revised Code.	117080

The State Ombudsman may explore the design of a payment	117081
method for the Ombudsman Program that includes a	117082
pay-for-performance incentive component that is earned by	117083
designated regional long-term care ombudsman programs.	117084

SENIOR COMMUNITY SERVICES

117085

The foregoing appropriation item 490411, Senior Community	117086
Services, shall be used for services designated by the Department	117087
of Aging, including, but not limited to, home-delivered and	117088
congregate meals, transportation services, personal care services,	117089
respite services, adult day services, home repair, care	117090
coordination, prevention and disease self-management, and decision	117091
support systems. Service priority shall be given to low income,	117092
frail, and cognitively impaired persons 60 years of age and over.	117093
The department shall promote cost sharing by service recipients	117094
for those services funded with senior community services funds,	117095
including, when possible, sliding-fee scale payment systems based	117096
on the income of service recipients.	117097

ALZHEIMER'S RESPITE

117098

The foregoing appropriation item 490414, Alzheimer's Respite,	117099
shall be used to fund only Alzheimer's disease services under	117100
section 173.04 of the Revised Code.	117101

NATIONAL SENIOR SERVICE CORPS

117102

The foregoing appropriation item 490506, National Senior	117103
Service Corps, shall be used by the Department of Aging to fund	117104
grants for three Corporation for National and Community	117105
Service/Senior Corps programs: the Foster Grandparents Program,	117106
the Senior Companion Program, and the Retired Senior Volunteer	117107
Program. A recipient of these grant funds shall use the funds to	117108
support priorities established by the Department and the Ohio	117109
State Office of the Corporation for National and Community	117110
Service. The expenditure of these funds by any grant recipient	117111
shall be in accordance with Senior Corps policies and procedures,	117112
as stated in the Domestic Volunteer Service Act of 1973, as	117113
amended. Neither the Department nor any area agencies on aging	117114
that are involved in the distribution of these funds to	117115
lower-tiered grant recipients may use any portion of these funds	117116
to cover administrative costs.	117117

SENIOR COMMUNITY OUTREACH AND EDUCATION

117118

The foregoing appropriation item 490606, Senior Community	117119
Outreach and Education, may be used to provide training to workers	117120
in the field of aging pursuant to division (G) of section 173.02	117121
of the Revised Code.	117122

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	117123
AND FEDERAL AGING GRANTS	117124

At the request of the Director of Aging, the Director of	117125
Budget and Management may transfer appropriation between	117126
appropriation items 490612, Federal Independence Services, and	117127
490618, Federal Aging Grants. The amounts transferred shall not	117128
exceed 30 per cent of the appropriation from which the transfer is	117129
made. Any transfers shall be reported by the Department of Aging	117130
to the Controlling Board at the next scheduled meeting of the	117131
board.	117132

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

117133

The foregoing appropriation item 490609, Regional Long-Term	117134
Care Ombudsman Program, shall be used to pay the costs of	117135
operating the regional long-term care ombudsman programs	117136
designated by the State Long-Term Care Ombudsman.	117137

TRANSFER OF RESIDENT PROTECTION FUNDS

117138

In each fiscal year, the Director of Budget and Management	117139
may transfer up to $1,250,000 cash from the Resident Protection	117140
Fund (Fund 4E30), which is used by the Department of Medicaid, to	117141
the Ombudsman Support Fund (Fund 5BA0), which is used by the	117142
Department of Aging.	117143

The Director of Aging and the Office of the State Long-Term	117144
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	117145
5BA0) to implement a nursing home quality initiative as specified	117146
in section 173.51 of the Revised Code.	117147

LONG-TERM CARE CONSUMERS GUIDE

117148

The foregoing appropriation item 490613, Long-Term Care	117149
Consumers Guide, shall be used to conduct annual consumer	117150
satisfaction surveys and to pay for other administrative expenses	117151
related to the publication of the Ohio Long-Term Care Consumer	117152
Guide.	117153

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	117154
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	117155

On July 1, 2013, or as soon as possible thereafter, the	117156
Director of Health shall certify to the Director of Budget and	117157
Management the cash balance relating to the Board of Examiners of	117158
Nursing Home Administrators in the General Operations Fund (Fund	117159
4700), used by the Department of Health. Upon receiving this	117160
certification, the Director of Budget and Management may transfer	117161
this cash from the General Operations Fund (Fund 4700) to the	117162
Board of Executives of Long-Term Services and Supports Fund (Fund	117163
5MT0), used by the Department of Aging. If this transfer occurs,	117164
the Director of Budget and Management shall cancel any existing	117165
encumbrances pertaining to the Board of Examiners of Nursing Home	117166
Administrators against appropriation item 440647, Fee Supported	117167
Programs, and re-establish them against appropriation item 490627,	117168
Board of Executives of LTSS. The re-established encumbrance	117169
amounts are hereby appropriated.	117170

Section 209.40. DEPARTMENT OF AGING'S APPROPRIATION ITEM	117171
STRUCTURE	117172

Upon request from the Director of Aging, the Director of	117173
Budget and Management may establish new funds, new appropriation	117174
items, and appropriations in order to support the transition to a	117175
new appropriation item structure in the Department of Aging's	117176
budget. Any appropriations established by the Director of Budget	117177
and Management under this section are hereby appropriated. Also,	117178
upon request of the Director of Aging, the Director of Budget and	117179
Management may transfer appropriations between GRF appropriation	117180
items, transfer cash between any funds used by the Department of	117181
Aging, abolish existing funds used by the Department of Aging, and	117182
cancel and reestablish encumbrances.	117183

Section 209.50. UPDATING AUTHORIZING STATUTE CITATIONS

117184

As used in this section, "authorizing statute" means a	117185
Revised Code section or provision of a Revised Code section that	117186
is cited in the Ohio Administrative Code as the statute that	117187
authorizes the adoption of a rule.	117188

The Director of Aging is not required to amend any rule for	117189
the sole purpose of updating the citation in the Ohio	117190
Administrative Code to the rule's authorizing statute to reflect	117191
that this act renumbers the authorizing statute or relocates it to	117192
another Revised Code section. Such citations shall be updated as	117193
the Director amends the rules for other purposes.	117194

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

117195

General Revenue Fund	117196

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	117197
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	117198
GRF	700404	Ohio Proud	$	50,000	$	50,000	117199
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	117200
GRF	700407	Food Safety	$	848,792	$	848,792	117201
GRF	700409	Farmland Preservation	$	72,750	$	72,750	117202
GRF	700412	Weights and Measures	$	600,000	$	600,000	117203
GRF	700415	Poultry Inspection	$	392,978	$	392,978	117204
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	117205
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	117206
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	117207
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	117208
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	117209
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	117210
TOTAL GRF General Revenue Fund			$	15,254,231	$	15,054,231	117211

General Services Fund Group	117212

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	117213
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	117214
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	117215

Federal Special Revenue Fund Group	117216

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	117217
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	117218
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	117219
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	117220
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	117221
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	117222
TOTAL FED Federal Special Revenue							117223
Fund Group			$	12,806,000	$	12,806,000	117224

State Special Revenue Fund Group	117225

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	117226
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	117227
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	117228
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	117229
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	117230
4D20	700609	Auction Education	$	35,000	$	35,000	117231
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	117232
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	117233
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	117234
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	117235
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	117236
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	117237
5880	700633	Brand Registration	$	5,000	$	5,000	117238
5B80	700629	Auctioneers	$	340,000	$	340,000	117239
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	117240
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	117241
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	117242
5L80	700604	Livestock Management Program	$	145,000	$	145,000	117243
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	117244
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	117245
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	117246
TOTAL SSR State Special Revenue							117247
Fund Group			$	18,523,313	$	18,518,313	117248

Clean Ohio Conservation Fund Group	117249

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		117250
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		117251

TOTAL ALL BUDGET FUND GROUPS

52,376,557

52,207,617

117252

DANGEROUS AND RESTRICTED WILD ANIMALS

117253

The foregoing GRF appropriation item 700426, Dangerous and	117254
Restricted Animals, shall be used to administer the Dangerous and	117255
Restricted Wild Animal Permitting Program.	117256

COUNTY AGRICULTURAL SOCIETIES

117257

The foregoing appropriation item 700501, County Agricultural	117258
Societies, shall be used to reimburse county and independent	117259
agricultural societies for expenses related to Junior Fair	117260
activities.	117261

CLEAN OHIO AGRICULTURAL EASEMENT

117262

The foregoing appropriation item 700632, Clean Ohio	117263
Agricultural Easement, shall be used by the Department of	117264
Agriculture in administering Ohio Agricultural Easement Fund (Fund	117265
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	117266
5301.70 of the Revised Code.	117267

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

117268

General Services Fund Group	117269

5EG0	898608		Energy Strategy Development		$	240,681		$	240,681		117270
TOTAL GSF General Services Fund					$	240,681		$	240,681		117271

State Special Revenue Fund Group	117272

4Z90	898602	Small Business Ombudsman	$	288,232	$	288,232	117273
5700	898601	Operating Expenses	$	323,980	$	323,980	117274
5A00	898603	Small Business Assistance	$	900,000	$	1,125,000	117275
TOTAL SSR State Special Revenue Fund Group			$	1,512,212	$	1,737,212	117276
TOTAL ALL BUDGET FUND GROUPS			$	1,752,893	$	1,977,893	117277

Section 213.20. ENERGY STRATEGY DEVELOPMENT

117279

The Energy Strategy Development Program shall develop energy	117280
initiatives, projects, and policy that align with the energy	117281
policy for the state. Issues addressed by such initiatives,	117282
projects, and policy shall not be limited to those governed by	117283
Chapter 3706. of the Revised Code. The Ohio Air Quality	117284
Development Authority shall be responsible for the monitoring of	117285
the program.	117286

There is hereby created in the state treasury the Energy	117287
Strategy Development Fund (Fund 5EG0). The fund shall consist of	117288
money credited to it and money obtained for advanced energy	117289
projects from federal or private grants, loans, or other sources.	117290
Money in the fund shall be used to carry out the purposes of the	117291
program. Interest earned on the money in the fund shall be	117292
credited to the General Revenue Fund.	117293

On July 1 of each fiscal year, or as soon as possible	117294
thereafter, the Director of Budget and Management may transfer	117295
cash from the funds specified below, up to the amounts specified	117296
below, to the Energy Strategy Development Fund. Fund 5EG0 may	117297
accept contributions and transfers made to the fund. On July 1,	117298
2015, or as soon as possible thereafter, the Director shall	117299
transfer to the General Revenue Fund all cash credited to Fund	117300
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	117301

Fund	Fund Name	User	FY 2014	FY 2015	117302
1170	Office Services	Department of Administrative Services	$27,405	$27,439	117303
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	117304
1350	Supportive Services	Development Services Agency	$27,405	$27,439	117305
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	117306
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	117307
7002	Highway Operating	Department of Transportation	$39,150	$39,199	117308

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	117309
AUTHORITY TRUST ACCOUNT	117310

Notwithstanding any other provision of law to the contrary,	117311
the Air Quality Development Authority may reimburse the Air	117312
Quality Development Authority trust account established under	117313
section 3706.10 of the Revised Code from all operating funds of	117314
the agency for expenses pertaining to the administration and	117315
shared costs incurred by the Air Quality Development Authority in	117316
the execution of responsibilities as prescribed in Chapter 3706.	117317
of the Revised Code. Reimbursement shall be made by voucher and	117318
completed in accordance with the administrative indirect costs	117319
allocation plan approved by the Office of Budget and Management.	117320

Section 215.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

117321

General Services Fund Group	117322

4K90	891609	Operating	$	481,379	$	485,954	117323
TOTAL GSF General Services Fund							117324
Group			$	481,379	$	485,954	117325
TOTAL ALL BUDGET FUND GROUPS			$	481,379	$	485,954	117326

Section 217.10. ART OHIO ARTS COUNCIL

117328

General Revenue Fund	117329

GRF	370321	Operating Expenses	$	1,599,204	$	1,599,204	117330
GRF	370502	State Program Subsidies	$	8,000,000	$	8,000,000	117331
TOTAL GRF General Revenue Fund			$	9,599,204	$	9,599,204	117332

General Services Fund Group	117333

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	117334
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	117335
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	117336

Federal Special Revenue Fund Group	117337

3140	370601	Federal Support	$	1,000,000	$	1,000,000	117338
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	117339
TOTAL ALL BUDGET FUND GROUPS			$	11,093,204	$	11,093,204	117340

FEDERAL SUPPORT

117341

Notwithstanding any provision of law to the contrary, the	117342
foregoing appropriation item 370601, Federal Support, shall be	117343
used by the Ohio Arts Council for subsidies only, and not for its	117344
administrative costs, unless the Council is required to use a	117345
portion of the funds for administrative costs under conditions of	117346
the federal grant.	117347

Section 219.10. ATH ATHLETIC COMMISSION

117348

General Services Fund Group	117349

4K90	175609	Operating Expenses	$	312,000	$	320,000	117350
TOTAL GSF General Services Fund Group			$	312,000	$	320,000	117351
TOTAL ALL BUDGET FUND GROUPS			$	312,000	$	320,000	117352

Section 221.10. AGO ATTORNEY GENERAL

117354

General Revenue Fund	117355

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	117356
GRF	055405	Law-Related Education	$	100,000	$	100,000	117357
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	1,500,000	117358
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	117359
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	117360
TOTAL GRF General Revenue Fund			$	45,703,589	$	45,703,589	117361

General Services Fund Group	117362

1060	055612	General Reimbursement	$	54,726,192	$	55,820,716	117363
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	117364
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	117365
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	117366
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	117367
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	117368
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	117369
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	117370
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	117371
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	117372
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	117373
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	117374
TOTAL GSF General Services Fund							117375
Group			$	86,620,872	$	87,642,655	117376

Federal Special Revenue Fund Group	117377

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	117378
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	117379
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	117380
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	117381
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	117382
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	117383
TOTAL FED Federal Special Revenue							117384
Fund Group			$	28,212,406	$	28,263,728	117385

State Special Revenue Fund Group	117386

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	117387
4190	055623	Claims Section	$	55,920,716	$	56,937,131	117388
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	117389
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	117390
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	117391
TOTAL SSR State Special Revenue							117392
Fund Group			$	76,867,116	$	77,790,839	117393

Holding Account Redistribution Fund Group	117394

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	117395
R005	055632	Antitrust Settlements	$	1,000	$	1,000	117396
R018	055630	Consumer Frauds	$	750,000	$	750,000	117397
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	117398
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	117399
TOTAL 090 Holding Account							117400
Redistribution Fund Group			$	6,276,025	$	6,276,025	117401

Tobacco Master Settlement Agreement Fund Group	117402

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	500,000	117403
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	500,000	117404
TOTAL ALL BUDGET FUND GROUPS			$	244,180,008	$	246,176,836	117405

COUNTY SHERIFFS' PAY SUPPLEMENT

117406

The foregoing appropriation item 055411, County Sheriffs' Pay	117407
Supplement, shall be used for the purpose of supplementing the	117408
annual compensation of county sheriffs as required by section	117409
325.06 of the Revised Code.	117410

At the request of the Attorney General, the Director of	117411
Budget and Management may transfer appropriation from	117412
appropriation item 055321, Operating Expenses, to appropriation	117413
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	117414
transferred shall be used to supplement the annual compensation of	117415
county sheriffs as required by section 325.06 of the Revised Code.	117416

COUNTY PROSECUTORS' PAY SUPPLEMENT

117417

The foregoing appropriation item 055415, County Prosecutors'	117418
Pay Supplement, shall be used for the purpose of supplementing the	117419
annual compensation of certain county prosecutors as required by	117420
section 325.111 of the Revised Code.	117421

At the request of the Attorney General, the Director of	117422
Budget and Management may transfer appropriation from	117423
appropriation item 055321, Operating Expenses, to appropriation	117424
item 055415, County Prosecutors' Pay Supplement. Any appropriation	117425
so transferred shall be used to supplement the annual compensation	117426
of county prosecutors as required by section 325.111 of the	117427
Revised Code.	117428

WORKERS' COMPENSATION SECTION

117429

The Workers' Compensation Fund (Fund 1950) is entitled to	117430
receive payments from the Bureau of Workers' Compensation and the	117431
Ohio Industrial Commission at the beginning of each quarter of	117432
each fiscal year to fund legal services to be provided to the	117433
Bureau of Workers' Compensation and the Ohio Industrial Commission	117434
during the ensuing quarter. The advance payment shall be subject	117435
to adjustment.	117436

In addition, the Bureau of Workers' Compensation shall	117437
transfer payments at the beginning of each quarter for the support	117438
of the Workers' Compensation Fraud Unit.	117439

All amounts shall be mutually agreed upon by the Attorney	117440
General, the Bureau of Workers' Compensation, and the Ohio	117441
Industrial Commission.	117442

ATTORNEY GENERAL PASS-THROUGH FUNDS

117443

The foregoing appropriation item 055638, Attorney General	117444
Pass-Through Funds, shall be used to receive federal grant funds	117445
provided to the Attorney General by other state agencies,	117446
including, but not limited to, the Department of Youth Services	117447
and the Department of Public Safety.	117448

GENERAL HOLDING ACCOUNT

117449

The foregoing appropriation item 055631, General Holding	117450
Account, shall be used to distribute moneys under the terms of	117451
relevant court orders or other settlements received in a variety	117452
of cases involving the Office of the Attorney General. If it is	117453
determined that additional amounts are necessary for this purpose,	117454
the amounts are hereby appropriated.	117455

ANTITRUST SETTLEMENTS

117456

The foregoing appropriation item 055632, Antitrust	117457
Settlements, shall be used to distribute moneys under the terms of	117458
relevant court orders or other out of court settlements in	117459
antitrust cases or antitrust matters involving the Office of the	117460
Attorney General. If it is determined that additional amounts are	117461
necessary for this purpose, the amounts are hereby appropriated.	117462

CONSUMER FRAUDS

117463

The foregoing appropriation item 055630, Consumer Frauds,	117464
shall be used for distribution of moneys from court-ordered	117465
judgments against sellers in actions brought by the Office of	117466
Attorney General under sections 1334.08 and 4549.48 and division	117467
(B) of section 1345.07 of the Revised Code. These moneys shall be	117468
used to provide restitution to consumers victimized by the fraud	117469
that generated the court-ordered judgments. If it is determined	117470
that additional amounts are necessary for this purpose, the	117471
amounts are hereby appropriated.	117472

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

117473

The foregoing appropriation item 055601, Organized Crime	117474
Commission Distributions, shall be used by the Organized Crime	117475
Investigations Commission, as provided by section 177.011 of the	117476
Revised Code, to reimburse political subdivisions for the expenses	117477
the political subdivisions incur when their law enforcement	117478
officers participate in an organized crime task force. If it is	117479
determined that additional amounts are necessary for this purpose,	117480
the amounts are hereby appropriated.	117481

COLLECTION OUTSIDE COUNSEL PAYMENTS

117482

The foregoing appropriation item 055650, Collection Outside	117483
Counsel Payments, shall be used for the purpose of paying	117484
contingency counsel fees for cases where debtors mistakenly paid	117485
the client agencies instead of the Attorney General's Revenue	117486
Recovery/Collections Enforcement Section. If it is determined that	117487
additional amounts are necessary for this purpose, the amounts are	117488
hereby appropriated.	117489

Section 223.10. AUD AUDITOR OF STATE

117490

General Revenue Fund	117491

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	117492
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	117493
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	117494

Auditor of State Fund Group	117495

1090	070601	Public Audit Expense - Intra-State	$	9,069,804	$	9,196,081	117496
4220	070602	Public Audit Expense - Local Government	$	31,052,999	$	31,031,044	117497
5840	070603	Training Program	$	181,730	$	181,250	117498
5JZ0	070606	LEAP Revolving Loans	$	650,000	$	650,000	117499
6750	070605	Uniform Accounting Network	$	3,241,533	$	3,160,637	117500
TOTAL AUD Auditor of State Fund							117501
Group			$	44,196,066	$	44,219,012	117502
TOTAL ALL BUDGET FUND GROUPS			$	72,430,518	$	72,453,464	117503

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

117504

The foregoing appropriation item 070403, Fiscal	117505
Watch/Emergency Technical Assistance, shall be used for expenses	117506
incurred by the Office of the Auditor of State in its role	117507
relating to fiscal watch or fiscal emergency activities under	117508
Chapters 118. and 3316. of the Revised Code. Expenses include, but	117509
are not limited to, the following: duties related to the	117510
determination or termination of fiscal watch or fiscal emergency	117511
of municipal corporations, counties, townships, or school	117512
districts; development of preliminary accounting reports;	117513
performance of annual forecasts; provision of performance audits;	117514
and supervisory, accounting, or auditing services for the	117515
municipal corporations, counties, townships, or school districts.	117516

Section 225.10. BRB BOARD OF BARBER EXAMINERS

117517

General Services Fund Group	117518

4K90	877609	Operating Expenses	$	670,882	$	674,272	117519
TOTAL GSF General Services Fund							117520
Group			$	670,882	$	674,272	117521
TOTAL ALL BUDGET FUND GROUPS			$	670,882	$	674,272	117522

Section 227.10. OBM OFFICE OF BUDGET AND MANAGEMENT

117524

General Revenue Fund	117525

GRF	042321	Budget Development and Implementation	$	2,703,189	$	2,697,483	117526
GRF	042409	Commission Closures	$	304,000	$	155,000	117527
GRF	042416	Office of Health Transformation	$	484,486	$	498,571	117528
GRF	042425	Shared Services Development	$	1,250,000	$	1,250,000	117529
TOTAL GRF General Revenue Fund			$	4,741,675	$	4,601,054	117530

General Services Fund Group	117531

1050	042603	Financial Management	$	14,060,275	$	14,451,086	117532
1050	042620	Shared Services Operating	$	8,837,518	$	8,924,830	117533
TOTAL GSF General Services Fund Group			$	22,897,793	$	23,375,916	117534

Federal Special Revenue Fund Group	117535

3CM0	042606		Office of Health Transformation - Federal		$	438,723		$	438,723		117536
TOTAL FED Federal Special Revenue Fund Group					$	438,723		$	438,723		117537

Agency Fund Group	117538

5EH0	042604	Forgery Recovery	$	40,000	$	40,000	117539
TOTAL AGY Agency Fund Group			$	40,000	$	40,000	117540
TOTAL ALL BUDGET FUND GROUPS			$	28,118,191	$	28,455,693	117541

COMMISSION CLOSURES

117542

The foregoing appropriation item 042409, Commission Closures,	117543
may be used to pay obligations associated with the closure of any	117544
state agency, whether in the executive, legislative, or judicial	117545
branch of government. Notwithstanding any provision of law to the	117546
contrary, this appropriation item may also be used to pay final	117547
payroll expenses occurring after the closure of any state agency,	117548
whether in the executive, legislative, or judicial branch of	117549
government in the event that appropriations or cash in the closing	117550
agency are insufficient to do so.	117551

The Director of Budget and Management may request Controlling	117552
Board approval for funds to be transferred to appropriation item	117553
042409, Commission Closures, from appropriation item 911614, CB	117554
Emergency Purposes, for anticipated expenses associated with	117555
agency closures.	117556

AUDIT COSTS AND DUES

117557

All centralized audit costs associated with either Single	117558
Audit Schedules or financial statements prepared in conformance	117559
with generally accepted accounting principles for the state shall	117560
be paid from the foregoing appropriation item 042603, Financial	117561
Management.	117562

Costs associated with the audit of the Auditor of State and	117563
national association dues shall be paid from the foregoing	117564
appropriation item 042321, Budget Development and Implementation.	117565

SHARED SERVICES CENTER

117566

The foregoing appropriation items 042425, Shared Services	117567
Development, and 042620, Shared Services Operating, shall be used	117568
by the Director of Budget and Management to support a Shared	117569
Services Center within the Office of Budget and Management for the	117570
purpose of consolidating statewide business functions and common	117571
transactional processes.	117572

The Director of Budget and Management shall include the	117573
recovery of costs to operate the Shared Services Center in the	117574
accounting and budgeting services payroll rate and through a	117575
direct charges using intrastate transfer vouchers to agencies for	117576
services rendered. The Director of Budget and Management shall	117577
determine the cost recovery methodology. Such cost recovery	117578
revenues shall be deposited to the credit of Fund 1050.	117579

INTERNAL AUDIT

117580

The Director of Budget and Management shall include the	117581
recovery of costs to operate the Internal Audit Program in the	117582
accounting and budgeting services payroll rate and through a	117583
direct charge using intrastate transfer vouchers to agencies	117584
reviewed by the program. The Director of Budget and Management,	117585
with advice from the Internal Audit Advisory Council, shall	117586
determine the cost recovery methodology. Such cost recovery	117587
revenues shall be deposited to the credit of the Accounting and	117588
Budgeting Fund (Fund 1050).	117589

FORGERY RECOVERY

117590

The foregoing appropriation item 042604, Forgery Recovery,	117591
shall be used to reissue warrants that have been certified as	117592
forgeries by the rightful recipient as determined by the Bureau of	117593
Criminal Identification and Investigation and the Treasurer of	117594
State. Upon receipt of funds to cover the reissuance of the	117595
warrant, the Director of Budget and Management shall reissue a	117596
state warrant of the same amount. Any additional amounts needed to	117597
reissue warrants backed by the receipt of funds are hereby	117598
appropriated.	117599

ABOLISHMENT OF FUND 5N40 AND FUND 5Z80

117600

On or before December 31, 2013, the Director of Budget and	117601
Management shall transfer the cash balances of the OAKS Project	117602
Implementation Fund (Fund 5N40) and the Office of Health	117603
Transformation Administration Fund (Fund 5Z80) to the General	117604
Revenue Fund. Upon completion of the transfers, Fund 5N40 and Fund	117605
5Z80 are abolished.	117606

Section 229.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

117607

General Revenue Fund	117608

GRF	874100	Personal Services	$	2,417,467	$	2,417,467	117609
GRF	874320	Maintenance and Equipment	$	1,161,098	$	1,161,098	117610
TOTAL GRF General Revenue Fund			$	3,578,565	$	3,578,565	117611

General Services Fund Group	117612

4G50	874603	Capitol Square Education Center and Arts	$	5,882	$	5,882	117613
4S70	874602	Statehouse Gift Shop/Events	$	629,409	$	629,409	117614
TOTAL GSF General Services							117615
Fund Group			$	635,291	$	635,291	117616

Underground Parking Garage	117617

2080	874601	Underground Parking Garage Operations	$	3,039,740	$	2,981,740	117618
TOTAL UPG Underground Parking							117619
Garage			$	3,039,740	$	2,981,740	117620
TOTAL ALL BUDGET FUND GROUPS			$	7,253,596	$	7,195,596	117621

WAREHOUSE PAYMENTS

117622

Of the foregoing appropriation item 874601, Underground	117623
Parking Garage Operations, $48,000 in each fiscal year shall be	117624
used to meet all payments at the times they are required to be	117625
made during the period from July 1, 2013, through June 30, 2015,	117626
to the Department of Administrative Services for bond service	117627
charges relating to the purchase and improvement of a warehouse	117628
acquired pursuant to section 105.41 of the Revised Code, in which	117629
to store items of the Capitol Collection Trust and, whenever	117630
necessary, equipment or other property of the Board.	117631

UNDERGROUND PARKING GARAGE FUND

117632

Notwithstanding division (G) of section 105.41 of the Revised	117633
Code and any other provision to the contrary, moneys in the	117634
Underground Parking Garage Fund (Fund 2080) may be used for	117635
personnel and operating costs related to the operations of the	117636
Statehouse and the Statehouse Underground Parking Garage.	117637

Section 231.10. SCR STATE BOARD OF CAREER COLLEGES AND	117638
SCHOOLS	117639

General Services Fund Group	117640

4K90	233601	Operating Expenses	$	579,328	$	579,328	117641
TOTAL GSF General Services Fund Group			$	579,328	$	579,328	117642
TOTAL ALL BUDGET FUND GROUPS			$	579,328	$	579,328	117643

Section 233.10. CAC CASINO CONTROL COMMISSION

117645

State Special Revenue Fund Group	117646

5HS0	955321	Casino Control - Operating	$	13,121,283	$	13,542,674	117647
TOTAL SSR State Special Revenue Fund Group			$	13,121,283	$	13,542,674	117648
TOTAL ALL BUDGET FUND GROUPS			$	13,121,283	$	13,542,674	117649

Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

117651

General Services Fund Group	117652

4K90	930609	Operating Expenses	$	476,642	$	469,349	117653
TOTAL GSF General Services Fund Group			$	476,642	$	469,349	117654
TOTAL ALL BUDGET FUND GROUPS			$	476,642	$	469,349	117655

Section 237.10. CHR STATE CHIROPRACTIC BOARD

117657

General Services Fund Group	117658

4K90	878609	Operating Expenses	$	617,829	$	630,775	117659
TOTAL GSF General Services Fund Group			$	617,829	$	630,775	117660
TOTAL ALL BUDGET FUND GROUPS			$	617,829	$	630,775	117661

Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION

117663

General Revenue Fund	117664

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		117665
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		117666

General Services Fund Group	117667

2170	876604	Operations Support	$	4,000	$	4,000	117668
TOTAL GSF General Services							117669
Fund Group			$	4,000	$	4,000	117670

Federal Special Revenue Fund Group	117671

3340	876601	Federal Programs	$	2,820,670	$	2,947,983	117672
TOTAL FED Federal Special Revenue							117673
Fund Group			$	2,820,670	$	2,947,983	117674

TOTAL ALL BUDGET FUND GROUPS

7,550,454

7,677,767

117675

Section 241.10. COM DEPARTMENT OF COMMERCE

117677

General Services Fund Group	117678

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	117679
1630	800637	Information Technology	$	6,011,977	$	6,011,977	117680
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	117681
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	117682
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	117683
TOTAL GSF General Services Fund							117684
Group			$	84,249,523	$	84,249,523	117685

Federal Special Revenue Fund Group	117686

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	117687
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	117688
TOTAL FED Federal Special Revenue							117689
Fund Group			$	2,685,729	$	2,685,729	117690

State Special Revenue Fund Group	117691

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	117692
4H90	800608	Cemeteries	$	266,688	$	266,688	117693
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	117694
5440	800612	Banks	$	6,836,589	$	6,836,589	117695
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	117696
5460	800610	Fire Marshal	$	15,315,738	$	15,324,574	117697
5460	800639	Fire Department Grants	$	2,198,802	$	2,198,802	117698
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	117699
5480	800611	Real Estate Recovery	$	50,000	$	50,000	117700
5490	800614	Real Estate	$	3,310,412	$	3,310,412	117701
5500	800617	Securities	$	4,238,814	$	4,238,814	117702
5520	800604	Credit Union	$	3,297,888	$	3,297,888	117703
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	117704
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	117705
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	117706
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	117707
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	117708
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	117709
5X60	800623	Video Service	$	337,224	$	337,224	117710
6530	800629	UST Registration/Permit Fee	$	3,831,888	$	3,612,588	117711
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	117712
TOTAL SSR State Special Revenue							117713
Fund Group			$	83,409,588	$	83,546,425	117714

Liquor Control Fund Group	117715

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	209,279	$	198,097	117716
5LN0	800645	Liquor Operating Services	$	5,231,967	$	4,952,417	117717
TOTAL LCF Liquor Control							117718
Fund Group			$	5,441,246	$	5,150,514	117719
TOTAL ALL BUDGET FUND GROUPS			$	175,786,086	$	175,632,191	117720

ADMINISTRATIVE ASSESSMENTS

117721

Notwithstanding any other provision of law to the contrary,	117722
the Division of Administration Fund (Fund 1630) is entitled to	117723
receive assessments from all operating funds of the Department in	117724
accordance with procedures prescribed by the Director of Commerce	117725
and approved by the Director of Budget and Management.	117726

UNCLAIMED FUNDS PAYMENTS

117727

The foregoing appropriation item 800625, Unclaimed	117728
Funds-Claims, shall be used to pay claims under section 169.08 of	117729
the Revised Code. If it is determined that additional amounts are	117730
necessary, the amounts are appropriated.	117731

FIRE DEPARTMENT GRANTS

117732

Of the foregoing appropriation item 800639, Fire Department	117733
Grants, up to $2,146,802 in each fiscal year shall be used to make	117734
annual grants to the following eligible recipients: volunteer fire	117735
departments, fire departments that serve one or more small	117736
municipalities or small townships, joint fire districts comprised	117737
of fire departments that primarily serve small municipalities or	117738
small townships, local units of government responsible for such	117739
fire departments, and local units of government responsible for	117740
the provision of fire protection services for small municipalities	117741
or small townships. For the purposes of these grants, a private	117742
fire company, as that phrase is defined in section 9.60 of the	117743
Revised Code, that is providing fire protection services under a	117744
contract to a political subdivision of the state, is an additional	117745
eligible recipient for a training grant.	117746

Eligible recipients that consist of small municipalities or	117747
small townships that all intend to contract with the same fire	117748
department or private fire company for fire protection services	117749
may jointly apply and be considered for a grant. If a joint	117750
applicant is awarded a grant, the State Fire Marshal shall, if	117751
feasible, proportionately award the grant and any equipment	117752
purchased with grant funds to each of the joint applicants based	117753
upon each applicant's contribution to and demonstrated need for	117754
fire protection services.	117755

If the grant awarded to joint applicants is an equipment	117756
grant and the equipment to be purchased cannot be readily	117757
distributed or possessed by multiple recipients, each of the joint	117758
applicants shall be awarded by the State Fire Marshal an ownership	117759
interest in the equipment so purchased in proportion to each	117760
applicant's contribution to and demonstrated need for fire	117761
protection services. The joint applicants shall then mutually	117762
agree on how the equipment is to be maintained, operated, stored,	117763
or disposed of. If, for any reason, the joint applicants cannot	117764
agree as to how jointly owned equipment is to be maintained,	117765
operated, stored, or disposed of or any of the joint applicants no	117766
longer maintain a contract with the same fire protection service	117767
provider as the other applicants, then the joint applicants shall,	117768
with the assistance of the State Fire Marshal, mutually agree as	117769
to how the jointly owned equipment is to be maintained, operated,	117770
stored, disposed of, or owned. If the joint applicants cannot	117771
agree how the grant equipment is to be maintained, operated,	117772
stored, disposed of, or owned, the State Fire Marshal may, in its	117773
discretion, require all of the equipment acquired by the joint	117774
applicants with grant funds to be returned to the State Fire	117775
Marshal. The State Fire Marshal may then award the returned	117776
equipment to any eligible recipients.	117777

The grants shall be used by recipients to purchase	117778
firefighting or rescue equipment or gear or similar items, to	117779
provide full or partial reimbursement for the documented costs of	117780
firefighter training, or, at the discretion of the State Fire	117781
Marshal, to cover fire department costs for providing fire	117782
protection services in that grant recipient's jurisdiction.	117783

Grant awards for firefighting or rescue equipment or gear or	117784
for fire department costs of providing fire protection services	117785
shall be up to $15,000 per fiscal year, or up to $25,000 per	117786
fiscal year if an eligible entity serves a jurisdiction in which	117787
the Governor declared a natural disaster during the preceding or	117788
current fiscal year in which the grant was awarded. In addition to	117789
any grant funds awarded for rescue equipment or gear, or for fire	117790
department costs associated with the provision of fire protection	117791
services, an eligible entity may receive a grant for up to $15,000	117792
per fiscal year for full or partial reimbursement of the	117793
documented costs of firefighter training. For each fiscal year,	117794
the State Fire Marshal shall determine the total amounts to be	117795
allocated for each eligible purpose.	117796

The grant program shall be administered by the State Fire	117797
Marshal in accordance with rules the State Fire Marshal adopts as	117798
part of the state fire code adopted pursuant to section 3737.82 of	117799
the Revised Code that are necessary for the administration and	117800
operation of the grant program. The rules may further define the	117801
entities eligible to receive grants and establish criteria for the	117802
awarding and expenditure of grant funds, including methods the	117803
State Fire Marshal may use to verify the proper use of grant funds	117804
or to obtain reimbursement for or the return of equipment for	117805
improperly used grant funds. Any amounts in appropriation item	117806
800639, Fire Department Grants, in excess of the amount allocated	117807
for these grants may be used for the administration of the grant	117808
program.	117809

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

117810

The Director of Budget and Management, upon the request of	117811
the Director of Commerce, may transfer up to $500,000 in cash from	117812
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	117813
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	117814
the Division of Real Estate Operating Fund (Fund 5490) during the	117815
biennium ending June 30, 2015.	117816

Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL

117817

General Services Fund Group	117818

5F50	053601	Operating Expenses	$	5,641,093	$	5,641,093	117819
TOTAL GSF General Services Fund Group			$	5,641,093	$	5,641,093	117820
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	5,641,093	117821

Section 245.10. CEB CONTROLLING BOARD

117823

General Revenue Fund	117824

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		117825
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		117826

General Services Fund Group	117827

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	117828
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	117829
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	117830

FEDERAL SHARE

117831

In transferring appropriations to or from appropriation items	117832
that have federal shares identified in this act, the Controlling	117833
Board shall add or subtract corresponding amounts of federal	117834
matching funds at the percentages indicated by the state and	117835
federal division of the appropriations in this act. Such changes	117836
are hereby appropriated.	117837

DISASTER SERVICES

117838

Pursuant to requests submitted by the Department of Public	117839
Safety, the Controlling Board may approve transfers from the	117840
Disaster Services Fund (5E20) to a fund and appropriation item	117841
used by the Department of Public Safety to provide for assistance	117842
to political subdivisions made necessary by natural disasters or	117843
emergencies. These transfers may be requested and approved prior	117844
to the occurrence of any specific natural disasters or emergencies	117845
in order to facilitate the provision of timely assistance. The	117846
Emergency Management Agency of the Department of Public Safety	117847
shall use the funding to fund the State Disaster Relief Program	117848
for disasters that have a written Governor's authorization, and	117849
the State Individual Assistance Program for disasters that have a	117850
written Governor's authorization and is declared by the federal	117851
Small Business Administration. The Ohio Emergency Management	117852
Agency shall publish and make available application packets	117853
outlining procedures for the State Disaster Relief Program and the	117854
State Individual Assistance Program.	117855

Fund 5E20 shall be used by the Controlling Board, pursuant to	117856
requests submitted by state agencies, to transfer cash and	117857
appropriations to any fund and appropriation item for the payment	117858
of state agency disaster relief program expenses for disasters	117859
that have a written Governor's authorization, if the Director of	117860
Budget and Management determines that sufficient funds exist.	117861

BALLOT ADVERTISING COSTS

117862

Pursuant to section 3501.17 of the Revised Code, and upon	117863
requests submitted by the Secretary of State, the Controlling	117864
Board shall approve transfers from the foregoing appropriation	117865
item 911441, Ballot Advertising Costs, to appropriation item	117866
050621, Statewide Ballot Advertising, in order to pay for the cost	117867
of public notices associated with statewide ballot initiatives.	117868

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	117869
ELIGIBILITY	117870

A state agency director shall request that the Controlling	117871
Board increase the amount of the agency's capital appropriations	117872
if the director determines such an increase is necessary for the	117873
agency to receive and use funds under the federal American	117874
Recovery and Reinvestment Act of 2009. The Controlling Board may	117875
increase the capital appropriations pursuant to the request up to	117876
the exact amount necessary under the federal act if the Board	117877
determines it is necessary for the agency to receive and use those	117878
federal funds.	117879

Section 247.10. COS STATE BOARD OF COSMETOLOGY

117880

General Services Fund Group	117881

4K90	879609	Operating Expenses	$	3,474,030	$	3,474,030	117882
TOTAL GSF General Services Fund							117883
Group			$	3,474,030	$	3,474,030	117884
TOTAL ALL BUDGET FUND GROUPS			$	3,474,030	$	3,474,030	117885

Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	117887
AND FAMILY THERAPIST BOARD	117888

General Services Fund Group	117889

4K90	899609	Operating Expenses	$	1,265,856	$	1,281,478	117890
TOTAL GSF General Services Fund							117891
Group			$	1,265,856	$	1,281,478	117892
TOTAL ALL BUDGET FUND GROUPS			$	1,265,856	$	1,281,478	117893

Section 251.10. CLA COURT OF CLAIMS

117895

General Revenue Fund	117896

GRF	015321		Operating Expenses		$	2,501,052		$	2,501,052		117897
TOTAL GRF General Revenue Fund					$	2,501,052		$	2,501,052		117898

State Special Revenue Fund Group	117899

5K20	015603	CLA Victims of Crime	$	415,556	$	415,953	117900
TOTAL SSR State Special Revenue							117901
Fund Group			$	415,556	$	415,953	117902
TOTAL ALL BUDGET FUND GROUPS			$	2,916,608	$	2,917,005	117903

Section 253.10. DEN STATE DENTAL BOARD

117905

General Services Fund Group	117906

4K90	880609	Operating Expenses	$	1,566,484	$	1,566,484	117907
TOTAL GSF General Services Fund							117908
Group			$	1,566,484	$	1,566,484	117909
TOTAL ALL BUDGET FUND GROUPS			$	1,566,484	$	1,566,484	117910

Section 255.10. BDP BOARD OF DEPOSIT

117912

General Services Fund Group	117913

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	117914
TOTAL GSF General Services Fund							117915
Group			$	1,876,000	$	1,876,000	117916
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	117917

BOARD OF DEPOSIT EXPENSE FUND

117918

Upon receiving certification of expenses from the Treasurer	117919
of State, the Director of Budget and Management shall transfer	117920
cash from the Investment Earnings Redistribution Fund (Fund 6080)	117921
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	117922
shall be used pursuant to section 135.02 of the Revised Code to	117923
pay for any and all necessary expenses of the Board of Deposit or	117924
for banking charges and fees required for the operation of the	117925
State of Ohio Regular Account.	117926

Section 257.10. DEV DEVELOPMENT SERVICES AGENCY

117927

General Revenue Fund	117928

GRF	195402	Coal Research Operating	$	261,205	$	261,405	117929
GRF	195407	Travel and Tourism	$	1,300,000	$	0	117930
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	117931
GRF	195426	Redevelopment Assistance	$	468,365	$	468,365	117932
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	117933
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	117934
GRF	195533	Business Assistance	$	5,899,465	$	5,899,465	117935
GRF	195535	Appalachia Assistance	$	4,286,482	$	4,286,482	117936
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	117937
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	66,511,600	$	83,783,000	117938
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	15,498,400	$	19,124,500	117939
TOTAL GRF General Revenue Fund			$	114,060,145	$	135,126,145	117940

General Services Fund Group	117941

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	117942
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	117943
5KN0	195640	Local Government Innovation	$	16,130,986	$	16,000,000	117944
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	117945
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	117946
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	117947
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	117948
TOTAL GSF General Services Fund							117949
Group			$	46,280,986	$	31,150,000	117950

Federal Special Revenue Fund Group	117951

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	117952
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	117953
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	117954
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	117955
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	117956
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	117957
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	117958
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	117959
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	117960
3350	195610	Energy Programs	$	200,000	$	200,000	117961
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	117962
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	117963
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	117964
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	117965
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	117966
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	117967
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	117968
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	117969
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	117970
TOTAL FED Federal Special Revenue							117971
Fund Group			$	417,389,090	$	375,260,494	117972

State Special Revenue Fund Group	117973

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	117974
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	117975
4F20	195639	State Special Projects	$	102,145	$	102,104	117976
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	117977
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	117978
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	117979
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	117980
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	117981
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	117982
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	117983
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	117984
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	117985
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	117986
5MJ0	195683	TourismOhio Administration	$	7,000,000	$	8,000,000	117987
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	117988
6170	195654	Volume Cap Administration	$	32,562	$	32,562	117989
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	117990
TOTAL SSR State Special Revenue							117991
Fund Group			$	473,628,375	$	463,028,371	117992

Facilities Establishment Fund Group	117993

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	117994
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	117995
7010	195665	Research and Development	$	22,000,000	$	22,000,000	117996
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	117997
TOTAL 037 Facilities							117998
Establishment Fund Group			$	90,000,000	$	90,000,000	117999

Clean Ohio Revitalization Fund	118000

7003	195663		Clean Ohio Program		$	950,000		$	950,000		118001
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		118002

Third Frontier Research & Development Fund Group	118003

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	118004
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	118005
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	118006
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	118007
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	118008

Job Ready Site Development Fund Group	118009

7012	195688		Job Ready Site Development		$	800,000		$	800,000		118010
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		118011

Tobacco Master Settlement Agreement Fund Group	118012

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	118013
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	118014
TOTAL ALL BUDGET FUND GROUPS			$	1,277,005,191	$	1,230,221,035	118015

Section 257.20. COAL RESEARCH OPERATING

118017

The foregoing appropriation item 195402, Coal Research	118018
Operating, shall be used for the operating expenses of the	118019
Community Services Division in support of the Ohio Coal	118020
Development Office.	118021

TRAVEL AND TOURISM

118022

The foregoing appropriation item 195407, Travel and Tourism,	118023
shall be used for marketing the state of Ohio as a tourism	118024
destination and to support administrative expenses and contracts	118025
necessary to market Ohio.	118026

BUSINESS DEVELOPMENT SERVICES

118027

The foregoing appropriation item 195415, Business Development	118028
Services, shall be used for the operating expenses of the Business	118029
Services Division and the regional economic development offices	118030
and for grants for cooperative economic development ventures.	118031

REDEVELOPMENT ASSISTANCE

118032

The foregoing appropriation item 195426, Redevelopment	118033
Assistance, shall be used to fund the costs of administering the	118034
Clean Ohio Revitalization program and other urban revitalization	118035
programs that may be implemented by the Development Services	118036
Agency.	118037

CDBG OPERATING MATCH

118038

The foregoing appropriation item 195497, CDBG Operating	118039
Match, shall be used as matching funds for grants from the United	118040
States Department of Housing and Urban Development pursuant to the	118041
Housing and Community Development Act of 1974 and regulations and	118042
policy guidelines for the programs pursuant thereto.	118043

TECHNOLOGY PROGRAMS AND GRANTS

118044

Of the foregoing appropriation item 195532, Technology	118045
Programs and Grants, up to $547,341 in each fiscal year shall be	118046
used for operating expenses incurred in administering the Ohio	118047
Third Frontier pursuant to sections 184.10 to 184.20 of the	118048
Revised Code; and up to $13,000,000 in each fiscal year shall be	118049
used for the Thomas Edison Program pursuant to sections 122.28 to	118050
122.38 of the Revised Code, of which not more than ten per cent	118051
shall be used for operating expenses incurred in administering the	118052
program.	118053

BUSINESS ASSISTANCE

118054

The foregoing appropriation item 195533, Business Assistance,	118055
may be used to provide a range of business assistance, including	118056
grants to local organizations to support economic development	118057
activities that promote minority business development, small	118058
business development, entrepreneurship, and exports of Ohio's	118059
goods and services. This appropriation item shall also be used as	118060
matching funds for grants from the United States Small Business	118061
Administration and other federal agencies, pursuant to Public Law	118062
No. 96-302 as amended by Public Law No. 98-395, and regulations	118063
and policy guidelines for the programs pursuant thereto.	118064

APPALACHIA ASSISTANCE

118065

The foregoing appropriation item 195535, Appalachia	118066
Assistance, may be used for the administrative costs of planning	118067
and liaison activities for the Governor's Office of Appalachia, to	118068
provide financial assistance to projects in Ohio's Appalachian	118069
counties, and to pay dues for the Appalachian Regional Commission.	118070
These funds may be used to match federal funds from the	118071
Appalachian Regional Commission.	118072

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

118073

The foregoing appropriation line item 195901, Coal Research	118074
and Development General Obligation Debt Service, shall be used to	118075
pay all debt service and related financing costs during the period	118076
July 1, 2013, through June 30, 2015 for obligations issued under	118077
sections 151.01 and 151.07 of the Revised Code.	118078

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	118079
SERVICE	118080

The foregoing appropriation item 195905, Third Frontier	118081
Research & Development General Obligation Debt Service, shall be	118082
used to pay all debt service and related financing costs during	118083
the period from July 1, 2013, through June 30, 2015, on	118084
obligations issued for research and development purposes under	118085
sections 151.01 and 151.10 of the Revised Code.	118086

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

118087

The foregoing appropriation item 195912, Job Ready Site	118088
Development General Obligation Debt Service, shall be used to pay	118089
all debt service and related financing costs during the period	118090
from July 1, 2013, through June 30, 2015, on obligations issued	118091
for job ready site development purposes under sections 151.01 and	118092
151.11 of the Revised Code.	118093

Section 257.30. DEVELOPMENT SERVICES OPERATIONS

118094

The Director of Development Services may assess offices of	118095
the agency for the cost of central service operations. An	118096
assessment shall contain the characteristics of administrative	118097
ease and uniform application. A division's payments shall be	118098
credited to the Supportive Services Fund (Fund 1350) using an	118099
intrastate transfer voucher.	118100

The foregoing appropriation item 195640, Local Government	118101
Innovation, shall be used for the purposes of making loans and	118102
grants to political subdivisions under the Local Government	118103
Innovation Program in accordance with sections 189.01 to 189.10 of	118104
the Revised Code. Of the foregoing appropriation item 195640,	118105
Local Government Innovation, up to $175,000 in each fiscal year	118106
shall be used for administrative costs incurred by the Development	118107
Services Agency.	118108

TRAVEL AND TOURISM COOPERATIVE PROJECTS

118109

The foregoing appropriation item 195690, Travel and Tourism	118110
Cooperative Projects, shall consist solely of leveraged private	118111
sector paid advertising dollars received in tourism marketing	118112
assistance and co-op programs. These funds are to be used for the	118113
marketing and promotion of travel and tourism in Ohio.	118114

DEVELOPMENT SERVICES REIMBURSABLE EXPENDITURES

118115

The foregoing appropriation item 195636, Development Services	118116
Reimbursable Expenditures, shall be used for reimbursable costs	118117
incurred by the agency. Revenues to the General Reimbursement Fund	118118
(Fund 6850) shall consist of moneys charged for administrative	118119
costs that are not central service costs.	118120

Section 257.40. HEAP WEATHERIZATION

118121

Up to fifteen per cent of the federal funds deposited to the	118122
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	118123
may be expended from appropriation item 195614, HEAP	118124
Weatherization, to provide home weatherization services in the	118125
state as determined by the Director of Development Services. Any	118126
transfers or increases in appropriation for the foregoing	118127
appropriation items 195614, HEAP Weatherization, or 195611, Home	118128
Energy Assistance Block Grant, shall be subject to approval by the	118129
Controlling Board.	118130

Section 257.50. BUSINESS ASSISTANCE PROGRAMS

118131

The foregoing appropriation item 195649, Business Assistance	118132
Programs, shall be used for administrative expenses associated	118133
with the operation of tax credit programs, loan servicing, the	118134
Ohio Film Office, workforce initiatives, and the Office of	118135
Strategic Business Investments, and for payments to the JobsOhio	118136
corporation established in Chapter 187. of the Revised Code for	118137
services provided for the administration of the 166 Direct Loan	118138
Program, Ohio Enterprise Bond Fund, Research and Development Loan	118139
Program, and Innovation Ohio Loan Program.	118140

STATE SPECIAL PROJECTS

118141

The State Special Projects Fund (Fund 4F20), may be used for	118142
the deposit of private-sector funds from utility companies and for	118143
the deposit of other miscellaneous state funds. State moneys so	118144
deposited may also be used to match federal housing grants for the	118145
homeless.	118146

MINORITY BUSINESS ENTERPRISE LOAN

118147

All repayments from the Minority Development Financing	118148
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	118149
Program shall be deposited in the State Treasury to the credit of	118150
the Minority Business Enterprise Loan Fund (Fund 4W10).	118151

MINORITY BUSINESS BONDING FUND

118152

Notwithstanding Chapters 122., 169., and 175. of the Revised	118153
Code, the Director of Development Services may, upon the	118154
recommendation of the Minority Development Financing Advisory	118155
Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal	118156
year 2015 biennium of unclaimed funds administered by the Director	118157
of Commerce and allocated to the Minority Business Bonding Program	118158
under section 169.05 of the Revised Code.	118159

If needed for the payment of losses arising from the Minority	118160
Business Bonding Program, the Director of Budget and Management	118161
may, at the request of the Director of Development Services,	118162
request that the Director of Commerce transfer unclaimed funds	118163
that have been reported by holders of unclaimed funds under	118164
section 169.05 of the Revised Code to the Minority Bonding Fund	118165
(Fund 4490). The transfer of unclaimed funds shall only occur	118166
after proceeds of the initial transfer of $2,700,000 by the	118167
Controlling Board to the Minority Business Bonding Program have	118168
been used for that purpose. If expenditures are required for	118169
payment of losses arising from the Minority Business Bonding	118170
Program, such expenditures shall be made from appropriation item	118171
195658, Minority Business Bonding Contingency in the Minority	118172
Business Bonding Fund, and such amounts are hereby appropriated.	118173

INCUMBENT WORKFORCE TRAINING VOUCHERS

118174

(A) The Director of Budget and Management may transfer up to	118175
$30,000,000 cash in each fiscal year from the Economic Development	118176
Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio	118177
Incumbent Workforce Job Training Fund (Fund 5HR0) used by the	118178
Development Services Agency.	118179

(B) Of the foregoing appropriation item 195526, Incumbent	118180
Workforce Training Vouchers, up to $30,000,000 in each fiscal year	118181
shall be used to support the Ohio Incumbent Workforce Training	118182
Voucher Program.	118183

(C) The Ohio Incumbent Workforce Training Voucher Program	118184
shall conform to guidelines for the operation of the program,	118185
including, but not limited to, the following:	118186

(1) A requirement that a training voucher under the program	118187
shall not exceed $6,000 per worker per year;	118188

(2) A provision for an employer of an eligible employee to	118189
apply for a voucher on behalf of the eligible employee;	118190

(3) A provision for an eligible employee to apply directly	118191
for a training voucher with the pre-approval of the employee's	118192
employer; and	118193

(4) A requirement that an employee participating in the	118194
program, or the employee's employer, shall pay for not less than	118195
thirty-three per cent of the training costs under the program.	118196

On July 1, 2014, or as soon as possible thereafter, the	118197
Director of Development Services may request that the Director of	118198
Budget and Management reappropriate any unexpended, unencumbered	118199
balance of the prior fiscal year's appropriation to the foregoing	118200
appropriation item 195526, Incumbent Workforce Training Vouchers,	118201
for fiscal year 2015. The Director of Budget and Management may	118202
request additional information necessary for evaluating the	118203
request, and the Director of Development Services shall provide	118204
the requested information to the Director of Budget and	118205
Management. Based on the information provided by the Director of	118206
Development Services, the Director of Budget and Management shall	118207
determine the amount to be reappropriated, and those amounts are	118208
hereby reappropriated for fiscal year 2015.	118209

DEFENSE DEVELOPMENT ASSISTANCE

118210

The Director of Budget and Management may transfer up to	118211
$5,000,000 in cash in each fiscal year from the Economic	118212
Development Programs Fund (Fund 5JC0) used by the Board of Regents	118213
to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used	118214
by the Development Services Agency. The transferred funds shall be	118215
used for appropriation item 195622, Defense Development	118216
Assistance, for economic development programs and the creation of	118217
new jobs to leverage and support mission gains at Department of	118218
Defense facilities in Ohio by working with future base realignment	118219
and closure activities and ongoing Department of Defense	118220
efficiency initiatives, assisting efforts to secure Department of	118221
Defense support contracts for Ohio companies, assessing and	118222
supporting regional job training and workforce development needs	118223
generated by the Department of Defense and the Ohio aerospace	118224
industry, and for expanding job training and economic development	118225
programs in human performance related initiatives. A portion of	118226
these funds shall be matched by private industry partners or the	118227
Department of Defense.	118228

On July 1, 2014, or as soon as possible thereafter, the	118229
Director of Development Services may request that the Director of	118230
Budget and Management reappropriate any unexpended, unencumbered	118231
balance of the prior fiscal year's appropriation to the foregoing	118232
appropriation item 195622, Defense Development Assistance, for	118233
fiscal year 2015. The Director of Budget and Management may	118234
request additional information necessary for evaluating the	118235
request, and the Director of Development Services shall provide	118236
the requested information to the Director of Budget and	118237
Management. Based on the information provided by the Director of	118238
Development Services, the Director of Budget and Management shall	118239
determine the amount to be reappropriated, and those amounts are	118240
hereby reappropriated for fiscal year 2015.	118241

ADVANCED ENERGY LOAN PROGRAMS

118242

The foregoing appropriation item 195660, Advanced Energy Loan	118243
Programs, shall be used to provide financial assistance to	118244
customers for eligible advanced energy projects for residential,	118245
commercial, and industrial business, local government, educational	118246
institution, nonprofit, and agriculture customers, and to pay for	118247
the program's administrative costs as provided in sections 4928.61	118248
to 4928.63 of the Revised Code and rules adopted by the Director	118249
of Development Services.	118250

VOLUME CAP ADMINISTRATION

118251

The foregoing appropriation item 195654, Volume Cap	118252
Administration, shall be used for expenses related to the	118253
administration of the Volume Cap Program. Revenues received by the	118254
Volume Cap Administration Fund (Fund 6170) shall consist of	118255
application fees, forfeited deposits, and interest earned from the	118256
custodial account held by the Treasurer of State.	118257

Section 257.60. CAPITAL ACCESS LOAN PROGRAM

118258

The foregoing appropriation item 195628, Capital Access Loan	118259
Program, shall be used for operating, program, and administrative	118260
expenses of the program. Funds of the Capital Access Loan Program	118261
shall be used to assist participating financial institutions in	118262
making program loans to eligible businesses that face barriers in	118263
accessing working capital and obtaining fixed-asset financing.	118264

INNOVATION OHIO LOAN FUND

118265

The foregoing appropriation item 195664, Innovation Ohio,	118266
shall be used to provide for Innovation Ohio purposes, including	118267
loan guarantees and loans under Chapter 166. and particularly	118268
sections 166.12 to 166.16 of the Revised Code.	118269

RESEARCH AND DEVELOPMENT

118270

The foregoing appropriation item 195665, Research and	118271
Development, shall be used to provide for research and development	118272
purposes, including loans, under Chapter 166. and particularly	118273
sections 166.17 to 166.21 of the Revised Code.	118274

FACILITIES ESTABLISHMENT

118275

The foregoing appropriation item 195615, Facilities	118276
Establishment, shall be used for the purposes of the Facilities	118277
Establishment Fund (Fund 7037) under Chapter 166. of the Revised	118278
Code.	118279

Notwithstanding Chapter 166. of the Revised Code, an amount	118280
not to exceed $3,000,000 in cash in each fiscal year may be	118281
transferred from the Facilities Establishment Fund (Fund 7037) to	118282
the Business Assistance Fund (Fund 4510). The transfer is subject	118283
to Controlling Board approval under division (B) of section 166.03	118284
of the Revised Code.	118285

Notwithstanding Chapter 166. of the Revised Code, the	118286
Director of Budget and Management may transfer an amount not to	118287
exceed $1,000,000 in cash in each fiscal year from the Facilities	118288
Establishment Fund (Fund 7037) to the Minority Business Enterprise	118289
Loan Fund (Fund 4W10).	118290

Notwithstanding Chapter 166. of the Revised Code, the	118291
Director of Budget and Management may transfer an amount not to	118292
exceed $2,000,000 in cash in each fiscal year from the Facilities	118293
Establishment Fund (Fund 7037) to the Capital Access Loan Fund	118294
(Fund 5S90).	118295

Section 257.70. CLEAN OHIO OPERATING EXPENSES

118296

The foregoing appropriation item 195663, Clean Ohio Program,	118297
shall be used by the Development Services Agency in administering	118298
Clean Ohio Revitalization Fund (Fund 7003) projects pursuant to	118299
sections 122.65 to 122.658 of the Revised Code.	118300

Section 257.80. THIRD FRONTIER OPERATING

118301

The foregoing appropriation items 195686, Third Frontier	118302
Operating, and 195620, Third Frontier Operating - Tax, shall be	118303
used for operating expenses incurred by the Development Services	118304
Agency in administering projects pursuant to sections 184.10 to	118305
184.20 of the Revised Code. Operating expenses paid from item	118306
195686 shall be limited to the administration of projects funded	118307
from the Third Frontier Research & Development Fund (Fund 7011)	118308
and operating expenses paid from item 195620 shall be limited to	118309
the administration of projects funded from the Third Frontier	118310
Research & Development Taxable Bond Project Fund (Fund 7014).	118311

THIRD FRONTIER RESEARCH AND DEVELOPMENT PROJECTS AND RESEARCH	118312
AND DEVELOPMENT TAXABLE BOND PROJECTS	118313

The foregoing appropriation items 195687, Third Frontier	118314
Research & Development Projects, 195692, Research & Development	118315
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	118316
shall be used by the Development Services Agency to fund selected	118317
projects. Eligible costs are those costs of research and	118318
development projects to which the proceeds of the Third Frontier	118319
Research & Development Fund (Fund 7011) and the Research &	118320
Development Taxable Bond Project Fund (Fund 7014) are to be	118321
applied.	118322

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

118323

The Director of Budget and Management may approve written	118324
requests from the Director of Development Services for the	118325
transfer of appropriations between appropriation items 195687,	118326
Third Frontier Research & Development Projects, and 195692,	118327
Research & Development Taxable Bond Projects, based upon awards	118328
recommended by the Third Frontier Commission. The transfers are	118329
subject to approval by the Controlling Board.	118330

In fiscal year 2015, the Director of Development Services may	118331
request that the Director of Budget and Management reappropriate	118332
any unexpended, unencumbered balances of the prior fiscal year's	118333
appropriation to the foregoing appropriation items 195687, Third	118334
Frontier Research & Development Projects, and 195692, Research &	118335
Development Taxable Bond Projects, for fiscal year 2015. The	118336
Director of Budget and Management may request additional	118337
information necessary for evaluating these requests, and the	118338
Director of Development Services shall provide the requested	118339
information to the Director of Budget and Management. Based on the	118340
information provided by the Director of Development Services, the	118341
Director of Budget and Management shall determine the amounts to	118342
be reappropriated, and those amounts are hereby reappropriated for	118343
fiscal year 2015.	118344

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

118345

The Ohio Public Facilities Commission is hereby authorized to	118346
issue and sell, in accordance with Section 2p of Article VIII,	118347
Ohio Constitution, and particularly sections 151.01 and 151.10 of	118348
the Revised Code, original obligations of the State of Ohio in an	118349
aggregate amount not to exceed $350,000,000 in addition to the	118350
original issuance of obligations authorized by prior acts of the	118351
General Assembly. The authorized obligations shall be issued and	118352
sold from time to time and in amounts necessary to ensure	118353
sufficient moneys to the credit of the Third Frontier Research and	118354
Development Fund (Fund 7011) and the Third Frontier Research and	118355
Development Taxable Bond Fund (Fund 7014) to pay costs of research	118356
and development projects.	118357

Section 257.90. JOB READY SITE PROGRAM

118358

The foregoing appropriation item 195688, Job Ready Site	118359
Development, shall be used for operating expenses incurred by the	118360
Development Services Agency in administering Job Ready Site	118361
Development Fund (Fund 7012) projects pursuant to sections 122.085	118362
to 122.0820 of the Revised Code. Operating expenses include, but	118363
are not limited to, certain qualified expenses of the District	118364
Public Works Integrating Committees, as applicable, engineering	118365
review of submitted applications by the State Architect or a	118366
third-party engineering firm, audit and accountability activities,	118367
and costs associated with formal certifications verifying that	118368
site infrastructure is in place and is functional.	118369

Section 257.100. THIRD FRONTIER BIOMEDICAL RESEARCH AND	118370
COMMERCIALIZATION SUPPORT	118371

The General Assembly and the Governor recognize the role that	118372
the biomedical industry has in job creation, innovation, and	118373
economic development throughout Ohio. It is the intent of the	118374
General Assembly, the Governor, the Director of Development	118375
Services, and the Director of Budget and Management to work	118376
together in continuing to provide comprehensive state support for	118377
the biomedical industry.	118378

Section 257.110. (A) ASSORTED TRANSFERS FOR RESTRUCTURING

118379

On July 1, 2013, or as soon as possible thereafter, the	118380
Director of Budget and Management may transfer the cash balances	118381
in the Motion Picture Tax Credit Program Operating Fund (Fund	118382
5HJ0), the Tax Incentive Program Operating Fund (Fund 4S00), and	118383
the Tax Credit Operating Fund (Fund 4S10), to the Business	118384
Assistance Fund (Fund 4510).	118385

On July 1, 2013, or as soon as possible thereafter, the	118386
Director of Budget and Management may transfer the cash balances	118387
in the Family Farm Loan Fund (Fund 5H10), the First Frontier Fund	118388
(Fund 4H40), and the Rapid Outreach Loan Fund (Fund 7022) to the	118389
Facility Establishment Fund (Fund 7037).	118390

On July 1, 2013, or as soon as possible thereafter, the	118391
Director of Budget and Management may transfer the cash balance in	118392
the Brownfield Stormwater Loan Fund (Fund 5KD0) to the New Markets	118393
Tax Credit Program Fund (Fund 5JR0).	118394

On July 1, 2013, or as soon as possible thereafter, the	118395
Director of Budget and Management may transfer the cash balance in	118396
the Water and Sewer Fund (Fund 4440) and the Water and Sewer	118397
Administrative Fund (Fund 6110) to the General Reimbursements Fund	118398
(Fund 6850).	118399

On July 1, 2013, or as soon as possible thereafter, the	118400
Director of Budget and Management may transfer the cash balance in	118401
the Local Government Services Collaboration Grant Fund (Fund 7088)	118402
to the Local Government Innovation Fund (Fund 5KN0).	118403

On July 1, 2013, or as soon as possible thereafter, the	118404
Director of Budget and Management may transfer the cash balance in	118405
the Exempt Facility Inspection Fund (Fund 5X10) to the Advanced	118406
Energy Fund (Fund 5M50).	118407

(B) ABOLISHMENT OF FUNDS

118408

On July 1, 2013, or as soon as possible thereafter, upon	118409
completion of all transfers described in division (A) of this	118410
section by the Director of Budget and Management, the following	118411
funds are abolished: Diesel Emissions Reduction Grant Fund (Fund	118412
3BD0), TANF Heating Assistance Fund (Fund 3BJ0), TANF Housing Fund	118413
(Fund 3X30), Water & Sewer Fund (Fund 4440), First Frontier Fund	118414
(Fund 4H40), Tax Incentive Program Operating Fund (Fund 4S00), Tax	118415
Credit Operating Fund (Fund 4S10), Shovel Ready Sites Fund (Fund	118416
5CA0), Defense Conversion Assistance Fund (Fund 5CV0), Port	118417
Authority Bond Reserves Fund (Fund 5D10), Urban Redevelopment Loan	118418
Fund (Fund 5D20), Energy Projects Fund (Fund 5DU0), Family Farm	118419
Loan Fund (Fund 5H10), Motion Picture Tax Credit Program Operating	118420
Fund (Fund 5HJ0), Brownfield Stormwater Loan Fund (Fund 5KD0),	118421
Exempt Facility Inspection Fund (Fund 5X10), Family Homelessness	118422
Prevention Pilot Fund (Fund 5X50), Water & Sewer Administrative	118423
Fund (Fund 6110), Rapid Outreach Loan Fund (Fund 7022), Logistics	118424
& Distribution Taxable Bond Fund (Fund 7048), and the Local	118425
Government Services Collaboration Grant Fund (Fund 7088).	118426

Section 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

118427

General Revenue Fund	118428

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	118429
GRF	320415	Lease-Rental Payments	$	15,843,300	$	16,076,700	118430
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	118431
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	118432
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	118433
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	118434
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	118435
GRF	322508	Employment First Pilot Program	$	1,000,000	$	1,000,000	118436
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	118437
GRF	653407	Medicaid Services	$	428,056,111	$	433,574,237	118438
TOTAL GRF General Revenue Fund			$	520,186,339	$	525,937,865	118439

General Services Fund Group	118440

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		118441
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		118442

Federal Special Revenue Fund Group	118443

3A50	320613	DD Council	$	3,297,656	$	3,324,187	118444
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	118445
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	118446
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	118447
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	118448
3G60	653639	Medicaid Waiver Services	$	928,623,249	$	1,019,035,423	118449
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	118450
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	118451
TOTAL FED Federal Special Revenue Fund Group			$	1,504,735,120	$	1,593,593,271	118452

State Special Revenue Fund Group	118453

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	118454
2210	322620	Supplement Service Trust	$	150,000	$	150,000	118455
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	118456
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	118457
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	118458
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	118459
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	118460
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	118461
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	118462
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	118463
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	118464
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	118465
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	118466
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	118467
TOTAL ALL BUDGET FUND GROUPS			$	2,522,954,582	$	2,682,428,711	118468

Section 259.20. LEASE-RENTAL PAYMENTS

118470

The foregoing appropriation item 320415, Lease-Rental	118471
Payments, shall be used to meet all payments at the times they are	118472
required to be made during the period from July 1, 2013, through	118473
June 30, 2015, by the Department of Developmental Disabilities	118474
under leases and agreements made under section 154.20 of the	118475
Revised Code. These appropriations are the source of funds pledged	118476
for bond service charges on related obligations issued under	118477
Chapter 154. of the Revised Code.	118478

Section 259.30. SCREENING AND EARLY INTERVENTION

118479

The foregoing appropriation item 322420, Screening and Early	118480
Intervention, shall be used for screening and early intervention	118481
programs for children with autism selected by the Director of	118482
Developmental Disabilities.	118483

Section 259.40. FAMILY SUPPORT SERVICES SUBSIDY

118484

The foregoing appropriation item 322451, Family Support	118485
Services, may be used as follows in fiscal year 2014 and fiscal	118486
year 2015:	118487

(A) The appropriation item may be used to provide a subsidy	118488
to county boards of developmental disabilities for family support	118489
services provided under section 5126.11 of the Revised Code. The	118490
subsidy shall be paid in quarterly installments and allocated to	118491
county boards according to a formula the Director of Developmental	118492
Disabilities shall develop in consultation with representatives of	118493
county boards. A county board shall use not more than seven per	118494
cent of its subsidy for administrative costs.	118495

(B) The appropriation item may be used to distribute funds to	118496
county boards for the purpose of addressing economic hardships and	118497
to promote efficiency of operations. In consultation with	118498
representatives of county boards, the Director shall determine the	118499
amount of funds to distribute for these purposes and the criteria	118500
for distributing the funds.	118501

Section 259.50. STATE SUBSIDY TO COUNTY DD BOARDS

118502

(A) Except as provided in the section of this act titled	118503
"NONFEDERAL SHARE OF ICF/IID SERVICES," the foregoing	118504
appropriation item 322501, County Boards Subsidies, shall be used	118505
for the following purposes:	118506

(1) To provide a subsidy to county boards of developmental	118507
disabilities in quarterly installments and allocated according to	118508
a formula developed by the Director of Developmental Disabilities	118509
in consultation with representatives of county boards. Except as	118510
provided in section 5126.0511 of the Revised Code or in division	118511
(B) of this section, county boards shall use the subsidy for early	118512
childhood services and adult services provided under section	118513
5126.05 of the Revised Code, service and support administration	118514
provided under section 5126.15 of the Revised Code, or supported	118515
living as defined in section 5126.01 of the Revised Code.	118516

(2) To provide funding, as determined necessary by the	118517
Director, for residential services, including room and board, and	118518
support service programs that enable individuals with	118519
developmental disabilities to live in the community.	118520

(3) To distribute funds to county boards of developmental	118521
disabilities to address economic hardships and promote efficiency	118522
of operations. The Director shall determine, in consultation with	118523
representatives of county boards, the amount of funds to	118524
distribute for these purposes and the criteria for distributing	118525
the funds.	118526

(B) In collaboration with the county's family and children	118527
first council, a county board of developmental disabilities may	118528
transfer portions of funds received under this section, to a	118529
flexible funding pool in accordance with the section of this act	118530
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	118531

Section 259.60. COUNTY BOARD SHARE OF WAIVER SERVICES

118532

As used in this section, "home and community-based services"	118533
has the same meaning as in section 5123.01 of the Revised Code.	118534

The Director of Developmental Disabilities shall establish a	118535
methodology to be used in fiscal year 2014 and fiscal year 2015 to	118536
estimate the quarterly amount each county board of developmental	118537
disabilities is to pay of the nonfederal share of home and	118538
community-based services that section 5126.0510 of the Revised	118539
Code requires county boards to pay. Each quarter, the Director	118540
shall submit to a county board written notice of the amount the	118541
county board is to pay for that quarter. The notice shall specify	118542
when the payment is due.	118543

Section 259.70. TAX EQUITY

118544

Notwithstanding section 5126.18 of the Revised Code, the	118545
foregoing appropriation item 322503, Tax Equity, may be used to	118546
distribute funds to county boards of developmental disabilities to	118547
address economic hardships and promote efficiency of operations.	118548
The Director of Developmental Disabilities shall determine, in	118549
consultation with representatives of county boards, the amount of	118550
funds to distribute for these purposes and the criteria for	118551
distributing the funds.	118552

Section 259.80. MEDICAID SERVICES

118553

Except as provided in section 5123.0416 of the Revised Code,	118554
the purposes for which the foregoing appropriation item 653407,	118555
Medicaid Services, shall be used include the following:	118556

(A) Home and community-based services, as defined in section	118557
5123.01 of the Revised Code;	118558

(B) Implementation of the requirements of the agreement	118559
settling the consent decree in Sermak v. Manuel, Case No.	118560
C-2-80-220, United States District Court for the Southern District	118561
of Ohio, Eastern Division;	118562

(C) Implementation of the requirements of the agreement	118563
settling the consent decree in the Martin v. Strickland, Case No.	118564
89-CV-00362, United States District Court for the Southern	118565
District of Ohio, Eastern Division;	118566

(D) ICF/IID services, as defined in 42 C.F.R. 440.150;

118567

(E) Other programs as identified by the Director of	118568
Developmental Disabilities.	118569

Section 259.90. EMPLOYMENT FIRST PILOT PROGRAM

118570

The foregoing appropriation item 322508, Employment First	118571
Pilot Program, shall be used to increase employment opportunities	118572
for individuals with developmental disabilities through the	118573
Employment First Initiative in accordance with section 5123.022 of	118574
the Revised Code.	118575

Of the foregoing appropriation item, 322508, Employment First	118576
Pilot Program, the Director of Developmental Disabilities shall	118577
transfer, in each fiscal year, to the Opportunities for Ohioans	118578
with Disabilities Agency an amount agreed upon by the Director of	118579
Developmental Disabilities and the Executive Director of the	118580
Opportunities for Ohioans with Disabilities Agency. The transfer	118581
shall be made via an intrastate transfer voucher. The transferred	118582
funds shall be used to support the Employment First Pilot Program.	118583
The Opportunities for Ohioans with Disabilities Agency shall use	118584
the funds transferred as state matching funds to obtain available	118585
federal grant dollars for vocational rehabilitation services. Any	118586
federal match dollars received by the Opportunities for Ohioans	118587
with Disabilities Agency shall be used for the pilot program. The	118588
Director of Developmental Disabilities and the Executive Director	118589
of the Opportunities for Ohioans with Disabilities Agency shall	118590
enter into an interagency agreement in accordance with section	118591
3304.181 of the Revised Code that will specify the	118592
responsibilities of each agency under the pilot program. Under the	118593
interagency agreement, the Opportunities for Ohioans with	118594
Disabilities Agency shall retain responsibility for eligibility	118595
determination, order of selection, plan approval, plan amendment,	118596
and release of vendor payments.	118597

The remainder of appropriation item 322508, Employment First	118598
Pilot Program, shall be used to develop a long term, sustainable	118599
system that places individuals with developmental disabilities in	118600
community employment, as defined in section 5126.01 of the Revised	118601
Code.	118602

Section 259.100. EMPLOYMENT FIRST TASKFORCE FUND

118603

If an employment first task force is established by the	118604
Director of Developmental Disabilities in accordance with section	118605
5123.023 of the Revised Code, the Director of Budget and	118606
Management shall establish an appropriation item from the	118607
Employment First Taskforce Fund for use by the Department of	118608
Developmental Disabilities to support the work of the task force.	118609
In fiscal year 2014 and fiscal year 2015, if an employment first	118610
task force is established, the Director of Developmental	118611
Disabilities shall certify to the Director of Budget and	118612
Management the appropriation amounts necessary for the Department	118613
of Developmental Disabilities to fulfill its obligation to support	118614
the work of the task force. Once the certification required under	118615
this section has been submitted and approved by the Director of	118616
Budget and Management, the appropriations established under this	118617
section are hereby appropriated in the amounts approved by the	118618
Director of Budget and Management.	118619

Section 259.110. TRANSFER TO OPERATING AND SERVICES FUND

118620

On July 1, 2013, or as soon as possible thereafter, the	118621
Director of Developmental Disabilities shall request the Director	118622
of Budget and Management to transfer the cash balance in the Home	118623
and Community-Based Services Fund (Fund 4K80) to the Operating and	118624
Services Fund (Fund 5GE0). Upon completion of the transfer, Fund	118625
4K80 is hereby abolished. The Director of Budget and Management	118626
shall cancel any existing encumbrances against appropriation item	118627
322604, Medicaid Waiver – State Match, and reestablish them	118628
against appropriation item 653606, ICF/IID and Waiver Match. The	118629
reestablished encumbrance amounts are hereby appropriated.	118630

Section 259.120. OPERATING AND SERVICES

118631

Of the foregoing appropriation item 320606, Operating and	118632
Services, $100,000 in each fiscal year shall be provided to the	118633
Ohio Center for Autism and Low Incidence to establish a lifespan	118634
autism hub to support families and professionals.	118635

Section 259.130. TARGETED CASE MANAGEMENT SERVICES

118636

County boards of developmental disabilities shall pay the	118637
nonfederal portion of targeted case management costs to the	118638
Department of Developmental Disabilities.	118639

The Director of Developmental Disabilities and the Medicaid	118640
Director may enter into an interagency agreement under which the	118641
Department of Developmental Disabilities shall transfer cash from	118642
the Targeted Case Management Fund (Fund 5DJ0) to the Health	118643
Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used by the	118644
Department of Medicaid in an amount equal to the nonfederal	118645
portion of the cost of targeted case management services paid by	118646
county boards. Under the agreement, the Department of Medicaid	118647
shall pay the total cost of targeted case management claims. The	118648
transfer shall be made using an intrastate transfer voucher.	118649

Section 259.140. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

118650

If a county board of developmental disabilities does not	118651
fully pay any amount owed to the Department of Developmental	118652
Disabilities by the due date established by the Department, the	118653
Director of Developmental Disabilities may withhold the amount the	118654
county board did not pay from any amounts due to the county board.	118655
The Director may use any appropriation item or fund used by the	118656
Department to transfer cash to any other fund used by the	118657
Department in an amount equal to the amount owed the Department	118658
that the county board did not pay. Transfers under this section	118659
shall be made using an intrastate transfer voucher.	118660

Section 259.150. DEVELOPMENTAL CENTER BILLING FOR SERVICES

118661

Developmental centers of the Department of Developmental	118662
Disabilities may provide services to persons with mental	118663
retardation or developmental disabilities living in the community	118664
or to providers of services to these persons. The Department may	118665
develop a method for recovery of all costs associated with the	118666
provision of these services.	118667

Section 259.160. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	118668
PHARMACY PROGRAMS	118669

The Director of Developmental Disabilities shall quarterly	118670
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	118671
Health Care/Medicaid Support and Recoveries Fund (Fund 5DL0) used	118672
by the Department of Medicaid, in an amount equal to the	118673
nonfederal share of Medicaid prescription drug claim costs for all	118674
developmental centers paid by the Department of Medicaid. The	118675
quarterly transfer shall be made using an intrastate transfer	118676
voucher.	118677

Section 259.170. NONFEDERAL MATCH FOR ACTIVE TREATMENT	118678
SERVICES	118679

Any county funds received by the Department of Developmental	118680
Disabilities from county boards of developmental disabilities for	118681
active treatment shall be deposited in the Developmental	118682
Disabilities Operating Fund (Fund 4890).	118683

Section 259.180. ODODD INNOVATIVE PILOT PROJECTS

118684

(A) In fiscal year 2014 and fiscal year 2015, the Director of	118685
Developmental Disabilities may authorize the continuation or	118686
implementation of one or more innovative pilot projects that, in	118687
the judgment of the Director, are likely to assist in promoting	118688
the objectives of Chapter 5123. or 5126. of the Revised Code.	118689
Subject to division (B) of this section and notwithstanding any	118690
provision of Chapters 5123. and 5126. of the Revised Code and any	118691
rule adopted under either chapter, a pilot project authorized by	118692
the Director may be continued or implemented in a manner	118693
inconsistent with one or more provisions of either chapter or one	118694
or more rules adopted under either chapter. Before authorizing a	118695
pilot program, the Director shall consult with entities interested	118696
in the issue of developmental disabilities, including the Ohio	118697
Provider Resource Association, Ohio Association of County Boards	118698
of Developmental Disabilities, and ARC of Ohio.	118699

(B) The Director may not authorize a pilot project to be	118700
implemented in a manner that would cause the state to be out of	118701
compliance with any requirements for a program funded in whole or	118702
in part with federal funds.	118703

Section 259.190. DEPARTMENT OF DEVELOPMENTAL DISABILITIES'	118704
APPROPRIATION ITEM STRUCTURE	118705

Upon request from the Director of Developmental Disabilities,	118706
the Director of Budget and Management may establish new funds, new	118707
appropriation items, and appropriations in order to support the	118708
transition to a new appropriation item structure in the Department	118709
of Developmental Disabilities' budget. Any appropriations	118710
established by the Director of Budget and Management under this	118711
section are hereby appropriated. Also, upon request of the	118712
Director of Developmental Disabilities, the Director of Budget and	118713
Management may transfer appropriations between GRF appropriation	118714
items, transfer cash between any funds used by the Department of	118715
Developmental Disabilities, abolish existing funds used by the	118716
Department of Developmental Disabilities, and cancel and	118717
reestablish encumbrances.	118718

Section 259.200. FISCAL YEAR 2014 MEDICAID PAYMENT RATES FOR	118719
ICFs/IID	118720

(A) As used in this section:

118721

"Capped per diem rate" means the per Medicaid day payment	118722
rate calculated for an ICF/IID under division (D) of this section.	118723

"Change of operator," "entering operator," "exiting	118724
operator," "ICF/IID," "ICF/IID services," "Medicaid days,"	118725
"provider," and "provider agreement" have the same meanings as in	118726
section 5124.01 of the Revised Code.	118727

"Franchise permit fee" means the fee imposed by sections	118728
5168.60 to 5168.71 of the Revised Code.	118729

"Modified per diem rate" means the per Medicaid day payment	118730
rate calculated for an ICF/IID under division (C) of this section.	118731

"Unmodified per diem rate" means the per Medicaid day payment	118732
rate calculated for an ICF/IID under Chapter 5124. of the Revised	118733
Code.	118734

(B) This section applies to each ICF/IID provider to which	118735
either of the following applies:	118736

(1) The provider has a valid Medicaid provider agreement for	118737
the ICF/IID on June 30, 2013, and a valid Medicaid provider	118738
agreement for the ICF/IID during fiscal year 2014.	118739

(2) The ICF/IID undergoes a change of operator that takes	118740
effect during fiscal year 2014, the exiting operator has a valid	118741
Medicaid provider agreement for the ICF/IID on the day immediately	118742
preceding the effective date of the change of operator, and the	118743
entering operator has a valid Medicaid provider agreement for the	118744
ICF/IID during fiscal year 2014.	118745

(C) An ICF/IID's total modified per diem rate for fiscal year	118746
2014 shall be the ICF/IID's total unmodified per diem rate for	118747
that fiscal year with the following modifications:	118748

(1) In place of the inflation adjustment otherwise made under	118749
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	118750
actual, allowable, per diem other protected costs, excluding the	118751
franchise permit fee, from calendar year 2012 shall be multiplied	118752
by 1.0123.	118753

(2) In place of the maximum cost per case-mix unit	118754
established for the ICF/IID's peer group under division (C) of	118755
section 5124.23 of the Revised Code, the ICF/IID's maximum costs	118756
per case-mix unit shall be the following:	118757

(a) In the case of an ICF/IID with more than eight beds,	118758
$108.21;	118759

(b) In the case of an ICF/IID with eight or fewer beds,	118760
$102.21.	118761

(3) In place of the inflation adjustment otherwise calculated	118762
under division (D) of section 5124.19 of the Revised Code for the	118763
purpose of division (A)(1)(b) of that section, an inflation	118764
adjustment of 1.0123 shall be used.	118765

(4) In place of the maximum rate for indirect care costs	118766
established for the ICF/IID's peer group under division (C) of	118767
section 5124.21 of the Revised Code, the maximum rate for indirect	118768
care costs for the ICF/IID's peer group shall be the following:	118769

(a) In the case of an ICF/IID with more than eight beds,	118770
$68.98;	118771

(b) In the case of an ICF/IID with eight or fewer beds,	118772
$59.60.	118773

(5) In place of the inflation adjustment otherwise calculated	118774
under division (D)(1) of section 5124.21 of the Revised Code for	118775
the purpose of division (B)(1) of that section only, an inflation	118776
adjustment of 1.0123 shall be used.	118777

(6) In place of the efficiency incentive otherwise calculated	118778
under division (B)(2) of section 5124.21 of the Revised Code, the	118779
ICF/IID's efficiency incentive for indirect care costs shall be	118780
the following:	118781

(a) In the case of an ICF/IID with more than eight beds,	118782
$3.69;	118783

(b) In the case of an ICF/IID with eight or fewer beds,	118784
$3.19.	118785

(7) The ICF/IID's efficiency incentive for capital costs, as	118786
determined under division (E) of section 5124.17 of the Revised	118787
Code, shall be reduced by 50%.	118788

(D) An ICF/IID's total capped per diem rate for fiscal year	118789
2014 shall be the ICF/IID's total unmodified per diem rate for	118790
that fiscal year reduced by the percentage by which the mean total	118791
unmodified per diem rates for all ICFs/IID in this state for	118792
fiscal year 2014, weighted by May 2013 Medicaid days and	118793
calculated as of July 1, 2013, exceeds $282.84.	118794

(E) Except as otherwise provided by this section, an ICF/IID	118795
provider to which this section applies shall be paid, for ICF/IID	118796
services the ICF/IID provides during fiscal year 2014, a total per	118797
diem rate determined as follows:	118798

(1) Add the ICF/IID's total modified per diem rate to the	118799
ICF/IID's total capped per diem rate;	118800

(2) Divide the amount determined under division (E)(1) of	118801
this section by two.	118802

(F) If the mean total per diem rate for all ICFs/IID to which	118803
this section applies, weighted by May 2013 Medicaid days and	118804
determined under division (E) of this section as of July 1, 2013,	118805
is other than $282.84, the Department of Developmental	118806
Disabilities shall adjust, for fiscal year 2014, the total per	118807
diem rate for each ICF/IID to which this section applies by a	118808
percentage that is equal to the percentage by which the mean total	118809
per diem rate is greater or less than $282.84.	118810

(G) If the United States Centers for Medicare and Medicaid	118811
Services requires that the franchise permit fee be reduced or	118812
eliminated, the Department of Developmental Disabilities shall	118813
reduce the amount it pays ICF/IID providers under this section as	118814
necessary to reflect the loss to the state of the revenue and	118815
federal financial participation generated from the franchise	118816
permit fee.	118817

(H) The Department of Developmental Disabilities shall follow	118818
this section in determining the rate to be paid ICF/IID providers	118819
subject to this section notwithstanding anything to the contrary	118820
in Chapter 5124. of the Revised Code.	118821

Of the foregoing appropriation items 653407, Medicaid	118822
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	118823
portions shall be used to pay the Medicaid payment rates	118824
determined in accordance with this section for ICF/IID services	118825
provided during fiscal year 2014.	118826

Section 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	118827
ICFs/IID	118828

(A) As used in this section:

118829

"Capped per diem rate" means the per Medicaid day payment	118830
rate calculated for an ICF/IID under division (D) of this section.	118831

"Change of operator," "entering operator," "exiting	118832
operator," "ICF/IID," "ICF/IID services," "Medicaid days,"	118833
"provider," and "provider agreement" have the same meanings as in	118834
section 5124.01 of the Revised Code.	118835

"Franchise permit fee" means the fee imposed by sections	118836
5168.60 to 5168.71 of the Revised Code.	118837

"Modified per diem rate" means the per Medicaid day payment	118838
rate calculated for an ICF/IID under division (C) of this section.	118839

"Unmodified per diem rate" means the per Medicaid day payment	118840
rate calculated for an ICF/IID under Chapter 5124. of the Revised	118841
Code.	118842

(B) This section applies to each ICF/IID provider to which	118843
either of the following applies:	118844

(1) The provider has a valid Medicaid provider agreement for	118845
the ICF/IID on June 30, 2014, and a valid Medicaid provider	118846
agreement for the ICF/IID during fiscal year 2015.	118847

(2) The ICF/IID undergoes a change of operator that takes	118848
effect during fiscal year 2015, the exiting operator has a valid	118849
Medicaid provider agreement for the ICF/IID on the day immediately	118850
preceding the effective date of the change of operator, and the	118851
entering operator has a valid Medicaid provider agreement for the	118852
ICF/IID during fiscal year 2015.	118853

(C) An ICF/IID's total modified per diem rate for fiscal year	118854
2015 shall be the ICF/IID's total unmodified per diem rate for	118855
that fiscal year with the following modifications:	118856

(1) In place of the inflation adjustment otherwise made under	118857
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	118858
actual, allowable, per diem other protected costs, excluding the	118859
franchise permit fee, from calendar year 2013 shall be multiplied	118860
by 1.0123.	118861

(2) In place of the maximum cost per case-mix unit	118862
established for the ICF/IID's peer group under division (C) of	118863
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	118864
per case-mix unit shall be the following:	118865

(a) In the case of an ICF/IID with more than eight beds,	118866
$108.21;	118867

(b) In the case of an ICF/IID with eight or fewer beds,	118868
$102.21.	118869

(3) In place of the inflation adjustment otherwise calculated	118870
under division (D) of section 5124.19 of the Revised Code for the	118871
purpose of division (A)(1)(b) of that section, an inflation	118872
adjustment of 1.0123 shall be used.	118873

(4) In place of the maximum rate for indirect care costs	118874
established for the ICF/IID's peer group under division (C) of	118875
section 5124.21 of the Revised Code, the maximum rate for indirect	118876
care costs for the ICF/IID's peer group shall be the following:	118877

(a) In the case of an ICF/IID with more than eight beds,	118878
$68.98;	118879

(b) In the case of an ICF/IID with eight or fewer beds,	118880
$59.60.	118881

(5) In place of the inflation adjustment otherwise calculated	118882
under divisions (D)(1) and (2) of section 5124.21 of the Revised	118883
Code for the purpose of division (B)(1) of that section only, an	118884
inflation adjustment of 1.0123 shall be used.	118885

(6) In place of the efficiency incentive otherwise calculated	118886
under division (B)(2) of section 5124.21 of the Revised Code, the	118887
ICF/IID's efficiency incentive for indirect care costs shall be	118888
the following:	118889

(a) In the case of an ICF/IID with more than eight beds,	118890
$3.69;	118891

(b) In the case of an ICF/IID with eight or fewer beds,	118892
$3.19.	118893

(7) The ICF/IID's efficiency incentive for capital costs, as	118894
determined under division (E) of section 5124.17 of the Revised	118895
Code, shall be reduced by 50%.	118896

(D) An ICF/IID's total capped per diem rate for fiscal year	118897
2015 shall be the ICF/IID's total unmodified per diem rate for	118898
that fiscal year reduced by the percentage by which the mean total	118899
unmodified per diem rates for all ICFs/IID in this state for	118900
fiscal year 2015, weighted by May 2014 Medicaid days and	118901
calculated as of July 1, 2014, exceeds $282.77.	118902

(E) Except as otherwise provided by this section, an ICF/IID	118903
provider to which this section applies shall be paid, for ICF/IID	118904
services the ICF/IID provides during fiscal year 2015, a total per	118905
diem rate determined as follows:	118906

(1) Add the ICF/IID's total modified per diem rate to the	118907
ICF/IID's total capped per diem rate;	118908

(2) Divide the amount determined under division (E)(1) of	118909
this section by two.	118910

(F) If the mean total per diem rate for all ICFs/IID to which	118911
this section applies, weighted by May 2014 Medicaid days and	118912
determined under division (E) of this section as of July 1, 2014,	118913
is other than $282.77, the Department of Developmental	118914
Disabilities shall adjust, for fiscal year 2015, the total per	118915
diem rate for each ICF/IID to which this section applies by a	118916
percentage that is equal to the percentage by which the mean total	118917
per diem rate is greater or less than $282.77.	118918

(G) If the United States Centers for Medicare and Medicaid	118919
Services requires that the franchise permit fee be reduced or	118920
eliminated, the Department of Developmental Disabilities shall	118921
reduce the amount it pays ICF/IID providers under this section as	118922
necessary to reflect the loss to the state of the revenue and	118923
federal financial participation generated from the franchise	118924
permit fee.	118925

(H) The Department of Developmental Disabilities shall follow	118926
this section in determining the rate to be paid ICF/IID providers	118927
subject to this section notwithstanding anything to the contrary	118928
in Chapter 5124. of the Revised Code.	118929

Of the foregoing appropriation items 653407, Medicaid	118930
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	118931
portions shall be used to pay the Medicaid payment rates	118932
determined in accordance with this section for ICF/IID services	118933
provided during fiscal year 2015.	118934

Section 259.220. TRANSFER OF FUNDS FOR OUTLIER SERVICES	118935
PROVIDED TO PEDIATRIC VENTILATOR-DEPENDENT ICF/IID RESIDENTS	118936

As used in this section, "ICF/IID" and "ICF/IID services"	118937
have the same meanings as in section 5124.01 of the Revised Code.	118938

Each quarter during fiscal year 2015, the Director of	118939
Developmental Disabilities shall certify to the Director of Budget	118940
and Management the amount needed to pay the nonfederal share of	118941
the costs of the Medicaid rate add-on paid to ICFs/IID pursuant to	118942
section 5124.25 of the Revised Code for providing outlier ICF/IID	118943
services to residents who qualify for the services and are	118944
transferred to ICFs/IID from hospitals at which they receive	118945
ventilator services at the time of their transfer to the ICFs/IID.	118946

On receipt of a certification, the Director of Budget and	118947
Management shall transfer appropriations equaling the certified	118948
amount from appropriation item 651525, Medicaid/Health Care	118949
Services, to appropriation item 653407, Medicaid Services, and, in	118950
addition, shall reduce the appropriation in 651525,	118951
Medicaid/Health Care Services, by the corresponding federal share.	118952

If receipts credited to the Developmental Center and	118953
Residential Facility Services and Support Fund (Fund 3A40), used	118954
by the Department of Developmental Disabilities, exceed the	118955
amounts appropriated in appropriation item 653653, ICF/IID, the	118956
Director of Developmental Disabilities may request the Director of	118957
Budget and Management to authorize expenditures from the fund in	118958
excess of the amounts appropriated. Upon approval of the Director	118959
of Budget and Management, the additional amounts are hereby	118960
appropriated.	118961

Section 259.230. ICF/IID MEDICAID RATE WORKGROUP

118962

As used in this section, "ICF/IID," "ICF/IID services," and	118963
"Medicaid-certified capacity" have the same meanings as in section	118964
5124.01 of the Revised Code.	118965

For the purpose of assisting the Department of Developmental	118966
Disabilities during fiscal year 2014 and fiscal year 2015 with an	118967
evaluation of revisions to the formula used to determine Medicaid	118968
payment rates for ICF/IID services, the Department shall retain	118969
the workgroup that was created to assist with the study required	118970
by Section 309.30.80 of Am. Sub. H.B. 153 of the 129th General	118971
Assembly. In conducting the evaluation, the Department and	118972
workgroup shall do both of the following:	118973

(A) Focus primarily on the service needs of individuals with	118974
complex challenges that ICFs/IID are able to meet;	118975

(B) Pursue the goal of reducing the Medicaid-certified	118976
capacity of individual ICFs/IID and the total number of ICF/IID	118977
beds in the state for the purpose of increasing the service	118978
choices and community integration of individuals eligible for	118979
ICF/IID services.	118980

Section 259.240. NONFEDERAL SHARE OF ICF/IID SERVICES

118981

(A) As used in this section, "ICF/IID," "ICF/IID services,"	118982
and "Medicaid-certified capacity" have the same meanings as in	118983
section 5124.01 of the Revised Code.	118984

(B) The Director of Developmental Disabilities shall pay the	118985
nonfederal share of a claim for ICF/IID services using funds	118986
specified in division (C) of this section if all of the following	118987
apply:	118988

(1) Medicaid covers the ICF/IID services.

118989

(2) The ICF/IID services are provided to a Medicaid recipient	118990
to whom both of the following apply:	118991

(a) The Medicaid recipient is eligible for the ICF/IID	118992
services;	118993

(b) The Medicaid recipient does not occupy a bed in the	118994
ICF/IID that used to be included in the Medicaid-certified	118995
capacity of another ICF/IID certified by the Director of Health	118996
before June 1, 2003.	118997

(3) The ICF/IID services are provided by an ICF/IID whose	118998
Medicaid certification by the Director of Health was initiated or	118999
supported by a county board of developmental disabilities.	119000

(4) The provider of the ICF/IID services has a valid Medicaid	119001
provider agreement for the services for the time that the services	119002
are provided.	119003

(C) When required by division (B) of this section to pay the	119004
nonfederal share of a claim, the Director of Developmental	119005
Disabilities shall use the following funds to pay the claim:	119006

(1) Funds available from appropriation item 322501, County	119007
Boards Subsidies, that the Director allocates to the county board	119008
that initiated or supported the Medicaid certification of the	119009
ICF/IID that provided the ICF/IID services for which the claim is	119010
made;	119011

(2) If the amount of funds used pursuant to division (C)(1)	119012
of this section is insufficient to pay the claim in full, an	119013
amount of funds that are needed to make up the difference and	119014
available from amounts the Director allocates to other county	119015
boards from appropriation item 322501, County Boards Subsidies.	119016

Section 259.250. FY 2014 AND FY 2015 RATES FOR CERTAIN	119017
HOMEMAKER/PERSONAL CARE SERVICES UNDER IO WAIVER	119018

(A) As used in this section:

119019

"Converted facility" means an ICF/IID, or former ICF/IID,	119020
that converted some or all of its beds to providing home and	119021
community-based services under the IO Waiver pursuant to section	119022
5124.60 of the Revised Code.	119023

"Developmental center" and "ICF/IID" have the same meanings	119024
as in section 5124.01 of the Revised Code.	119025

"H.B. 153 increased Medicaid payment rate" means the total	119026
Medicaid payment rate for each fifteen minutes of routine	119027
homemaker/personal care services that was set by Section 263.20.70	119028
of Am. Sub. H.B. 153 of the 129th General Assembly, as amended by	119029
Am. Sub. H.B. 487 of the 129th General Assembly.	119030

"IO Waiver" means the Medicaid waiver component, as defined	119031
in section 5166.01 of the Revised Code, known as Individual	119032
Options.	119033

"Public hospital" has the same meaning as in section 5122.01	119034
of the Revised Code.	119035

"Regular Medicaid payment rate" means the total Medicaid	119036
payment rate for each fifteen minutes of routine	119037
homemaker/personal care services that are available under the IO	119038
Waiver and to which this section does not apply.	119039

(B) This section applies to routine homemaker/personal care	119040
services to which both of the following apply:	119041

(1) The services are provided to an IO Waiver enrollee to	119042
whom all of the following apply:	119043

(a) The enrollee began to receive the services from the	119044
provider on or after July 1, 2011.	119045

(b) The enrollee resided in a developmental center, converted	119046
facility, or public hospital immediately before enrolling in the	119047
IO Wavier.	119048

(c) The Director of Developmental Disabilities has determined	119049
that the enrollee's special circumstances (including the	119050
enrollee's diagnosis, service needs, or length of stay at the	119051
developmental center, converted facility, or public hospital)	119052
warrants paying the Medicaid payment rate authorized by this	119053
section.	119054

(2) The provider of the services has a valid Medicaid	119055
provider agreement for the services for the period during which	119056
the enrollee receives the services from the provider.	119057

(C) The total Medicaid payment rate for each fifteen minutes	119058
of routine homemaker/personal care services to which this section	119059
applies and that are provided during the period beginning July 1,	119060
2013, and ending June 30, 2015, shall be the greater of the	119061
following:	119062

(1) The H.B. 153 increased Medicaid payment rate;

119063

(2) The regular Medicaid payment rate in effect at the time	119064
the services are provided.	119065

(D) Of the foregoing appropriation items 653407, Medicaid	119066
Services, and 653639, Medicaid Waiver Services, portions shall be	119067
used to pay the Medicaid payment rates determined in accordance	119068
with this section for certain homemaker/personal care services	119069
under the IO Waiver.	119070

Section 259.260. UPDATING AUTHORIZING STATUTE CITATIONS

119071

As used in this section, "authorizing statute" means a	119072
Revised Code section or provision of a Revised Code section that	119073
is cited in the Ohio Administrative Code as the statute that	119074
authorizes the adoption of a rule.	119075

The Director of Developmental Disabilities is not required to	119076
amend any rule for the sole purpose of updating the citation in	119077
the Ohio Administrative Code to the rule's authorizing statute to	119078
reflect that this act renumbers the authorizing statute or	119079
relocates it to another Revised Code section. Such citations shall	119080
be updated as the Director amends the rules for other purposes.	119081

Section 259.270. REASON FOR THE REPEAL OF R.C. 5111.236

119082

This act repeals section 5111.236 of the Revised Code to	119083
carry out the intent of the Governor as indicated in the veto	119084
message regarding Am. Sub. H.B. 1 of the 128th General Assembly	119085
transmitted to the Clerk of the House of Representatives on July	119086
17, 2009. The actual veto removed the section from the title and	119087
enacting clause of H.B. 1 and an earmark related to the section.	119088
However, the actual veto inadvertently showed only division (C) of	119089
the section, rather than the entire section, as being vetoed.	119090

Section 261.10. OBD OHIO BOARD OF DIETETICS

119091

General Services Fund Group	119092

4K90	860609	Operating Expenses	$	330,592	$	342,592	119093
TOTAL GSF General Services Fund							119094
Group			$	330,592	$	342,592	119095
TOTAL ALL BUDGET FUND GROUPS			$	330,592	$	342,592	119096

Section 263.10. EDU DEPARTMENT OF EDUCATION

119098

General Revenue Fund	119099

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	119100
GRF	200408	Early Childhood Education	$	23,268,341	$	25,268,341	119101
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	119102
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	119103
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	119104
GRF	200424	Policy Analysis	$	328,558	$	328,558	119105
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	119106
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	119107
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	119108
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	119109
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	119110
GRF	200442	Child Care Licensing	$	827,140	$	827,140	119111
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	119112
GRF	200447	GED Testing	$	879,551	$	879,551	119113
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	119114
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	119115
GRF	200464	General Technology Operations	$	192,097	$	192,097	119116
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	119117
GRF	200502	Pupil Transportation	$	442,113,527	$	442,113,527	119118
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	119119
GRF	200511	Auxiliary Services	$	133,114,737	$	137,122,293	119120
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	60,133,175	$	61,943,546	119121
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	119122
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	119123
GRF	200550	Foundation Funding	$	5,924,495,823	$	6,102,858,841	119124
GRF	200901	Property Tax Allocation - Education	$	1,138,800,000	$	1,184,352,000	119125
TOTAL GRF General Revenue Fund			$	8,031,983,496	$	8,275,446,651	119126

General Services Fund Group	119127

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	119128
4520	200638	Miscellaneous Educational Services	$	500,000	$	500,000	119129
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	119130
5960	200656	Ohio Career Information System	$	529,761	$	529,761	119131
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	119132
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	119133
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	119134
5MX0	200670	Exceptional Cost Reimbursement	$	111,566,822	$	119,505,133	119135
TOTAL GSF General Services							119136
Fund Group			$	153,330,854	$	166,613,677	119137

Federal Special Revenue Fund Group	119138

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	119139
3670	200607	School Food Services	$	8,200,664	$	8,700,149	119140
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	119141
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	119142
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	119143
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	119144
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	119145
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	119146
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	119147
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	119148
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	119149
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	119150
3EK0	200637	Advanced Placement	$	450,000	$	450,000	119151
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	119152
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	119153
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	119154
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	119155
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	119156
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	119157
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	119158
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	119159
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	119160
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	119161
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	119162
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	119163
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	119164
3T40	200613	Public Charter Schools	$	500,000	$	0	119165
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	119166
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	119167
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	119168
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	119169
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	119170
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	119171
TOTAL FED Federal Special							119172
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	119173

State Special Revenue Fund Group	119174

4540	200610	GED Testing	$	1,050,000	$	250,000	119175
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	119176
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	119177
4V70	200633	Interagency Program Support	$	717,725	$	717,725	119178
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	119179
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	119180
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	119181
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	119182
5U20	200685	National Education Statistics	$	300,000	$	300,000	119183
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	119184
TOTAL SSR State Special Revenue							119185
Fund Group			$	53,996,635	$	54,149,635	119186

Lottery Profits Education Fund Group	119187

7017	200612	Foundation Funding	$	725,000,000	$	750,000,000	119188
7017	200648	Straight A Fund	$	100,000,000	$	200,000,000	119189
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	119190
7017	200684	Community School Facilities	$	7,500,000		7,500,000	119191
TOTAL LPE Lottery Profits							119192
Education Fund Group			$	841,000,000	$	974,500,000	119193

Revenue Distribution Fund Group	119194

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	119195
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	119196
TOTAL RDF Revenue Distribution							119197
Fund Group			$	510,000,000	$	510,000,000	119198
TOTAL ALL BUDGET FUND GROUPS			$	11,628,355,983	$	11,958,113,418	119199

Section 263.20. OPERATING EXPENSES

119201

A portion of the foregoing appropriation item 200321,	119202
Operating Expenses, shall be used by the Department of Education	119203
to provide matching funds under 20 U.S.C. 2321.	119204

EARLY CHILDHOOD EDUCATION

119205

The Department of Education shall distribute the foregoing	119206
appropriation item 200408, Early Childhood Education, to pay the	119207
costs of early childhood education programs.	119208

(A) As used in this section:

119209

(1) "Provider" means a city, local, exempted village, or	119210
joint vocational school district, or an educational service	119211
center.	119212

(2) In the case of a city, local, or exempted village school	119213
district, "new eligible provider" means a district that did not	119214
receive state funding for Early Childhood Education in the	119215
previous fiscal year or demonstrates a need for early childhood	119216
programs as defined in division (D) of this section.	119217

(3) "Eligible child" means a child who is at least three	119218
years of age as of the district entry date for kindergarten, is	119219
not of the age to be eligible for kindergarten, and whose family	119220
earns not more than two hundred per cent of the federal poverty	119221
guidelines as defined in division (A)(3) of section 5101.46 of the	119222
Revised Code. Children with an Individualized Education Program	119223
and where the Early Childhood Education program is the least	119224
restrictive environment may be enrolled on their third birthday.	119225

(4) "Early learning program standards" means early learning	119226
program standards for school readiness developed by the Department	119227
to assess the operation of early learning programs.	119228

(B) In each fiscal year, up to two per cent of the total	119229
appropriation may be used by the Department for program support	119230
and technical assistance. The Department shall distribute the	119231
remainder of the appropriation in each fiscal year to serve	119232
eligible children.	119233

(C) The Department shall provide an annual report to the	119234
Governor, the Speaker of the House of Representatives, and the	119235
President of the Senate and post the report to the Department's	119236
web site, regarding early childhood education programs operated	119237
under this section and the early learning program standards.	119238

(D) After setting aside the amounts to make payments due from	119239
the previous fiscal year, in fiscal year 2014, the Department	119240
shall distribute funds first to recipients of funds for early	119241
childhood education programs under Section 267.10.10 of Am. Sub.	119242
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	119243
H.B. 487 of the 129th General Assembly, in the previous fiscal	119244
year and the balance to new eligible providers of early childhood	119245
education programs under this section or to existing providers to	119246
serve more eligible children or for purposes of program expansion,	119247
improvement, or special projects to promote quality and	119248
innovation.	119249

After setting aside the amounts to make payments due from the	119250
previous fiscal year, in fiscal year 2015, the Department shall	119251
distribute funds first to providers of early childhood education	119252
programs under this section in the previous fiscal year and the	119253
balance to new eligible providers or to existing providers to	119254
serve more eligible children as outlined under division (E) of	119255
this section or for purposes of program expansion, improvement, or	119256
special projects to promote quality and innovation.	119257

(E) The Department shall distribute any new or remaining	119258
funding to existing providers of early childhood education	119259
programs or any new eligible providers in an effort to invest in	119260
high quality early childhood programs where there is a need as	119261
determined by the Department. The Department shall distribute the	119262
new or remaining funds to existing providers of early childhood	119263
education programs or any new eligible providers to serve	119264
additional eligible children based on community economic	119265
disadvantage, limited access to high quality preschool or	119266
childcare services, and demonstration of high quality preschool	119267
services as determined by the Department using new metrics	119268
developed pursuant to Ohio's Race to the Top—Early Learning	119269
Challenge Grant, awarded to the Department in December 2011.	119270

Awards under divisions (D) and (E) of this section shall be	119271
distributed on a per-pupil basis, and in accordance with division	119272
(I) of this section. The Department may adjust the per-pupil	119273
amount so that the per-pupil amount multiplied by the number of	119274
eligible children enrolled and receiving services on the first day	119275
of December or the business day closest to that date equals the	119276
amount allocated under this section.	119277

(F) Costs for developing and administering an early childhood	119278
education program may not exceed fifteen per cent of the total	119279
approved costs of the program.	119280

All providers shall maintain such fiscal control and	119281
accounting procedures as may be necessary to ensure the	119282
disbursement of, and accounting for, these funds. The control of	119283
funds provided in this program, and title to property obtained,	119284
shall be under the authority of the approved provider for purposes	119285
provided in the program unless, as described in division (K) of	119286
this section, the program waives its right for funding or a	119287
program's funding is eliminated or reduced due to its inability to	119288
meet financial or early learning program standards. The approved	119289
provider shall administer and use such property and funds for the	119290
purposes specified.	119291

(G) The Department may examine a provider's financial and	119292
program records. If the financial practices of the program are not	119293
in accordance with standard accounting principles or do not meet	119294
financial standards outlined under division (F) of this section,	119295
or if the program fails to substantially meet the early learning	119296
program standards, meet a quality rating level in the tiered	119297
quality rating and improvement system developed under section	119298
5104.30 of the Revised Code as prescribed by the Department, or	119299
exhibits below average performance as measured against the	119300
standards, the early childhood education program shall propose and	119301
implement a corrective action plan that has been approved by the	119302
Department. The approved corrective action plan shall be signed by	119303
the chief executive officer and the executive of the official	119304
governing body of the provider. The corrective action plan shall	119305
include a schedule for monitoring by the Department. Such	119306
monitoring may include monthly reports, inspections, a timeline	119307
for correction of deficiencies, and technical assistance to be	119308
provided by the Department or obtained by the early childhood	119309
education program. The Department may withhold funding pending	119310
corrective action. If an early childhood education program fails	119311
to satisfactorily complete a corrective action plan, the	119312
Department may deny expansion funding to the program or withdraw	119313
all or part of the funding to the program and establish a new	119314
eligible provider through a selection process established by the	119315
Department.	119316

(H) Each early childhood education program shall do all of	119317
the following:	119318

(1) Meet teacher qualification requirements prescribed by	119319
section 3301.311 of the Revised Code;	119320

(2) Align curriculum to the early learning content standards	119321
developed by the Department;	119322

(3) Meet any child or program assessment requirements	119323
prescribed by the Department;	119324

(4) Require teachers, except teachers enrolled and working to	119325
obtain a degree pursuant to section 3301.311 of the Revised Code,	119326
to attend a minimum of twenty hours every two years of	119327
professional development as prescribed by the Department;	119328

(5) Document and report child progress as prescribed by the	119329
Department;	119330

(6) Meet and report compliance with the early learning	119331
program standards as prescribed by the Department;	119332

(7) Participate in the tiered quality rating and improvement	119333
system developed under section 5104.30 of the Revised Code.	119334
Effective July 1, 2016, all programs shall be rated through the	119335
system.	119336

(I) Per-pupil funding for programs subject to this section	119337
shall be sufficient to provide eligible children with services for	119338
a standard early childhood schedule which shall be defined in this	119339
section as a minimum of twelve and one-half hours per school week	119340
as defined in section 3313.62 of the Revised Code for the minimum	119341
school year as defined in sections 3313.48, 3313.481, and 3313.482	119342
of the Revised Code. Nothing in this section shall be construed to	119343
prohibit program providers from utilizing other funds to serve	119344
eligible children in programs that exceed the twelve and one-half	119345
hours per week or that exceed the minimum school year. For any	119346
provider for which a standard early childhood education schedule	119347
creates a hardship or for which the provider shows evidence that	119348
the provider is working in collaboration with a preschool special	119349
education program, the provider may submit a waiver to the	119350
Department requesting an alternate schedule. If the Department	119351
approves a waiver for an alternate schedule that provides services	119352
for less time than the standard early childhood education	119353
schedule, the Department may reduce the provider's annual	119354
allocation proportionately. Under no circumstances shall an annual	119355
allocation be increased because of the approval of an alternate	119356
schedule.	119357

(J) Each provider shall develop a sliding fee scale based on	119358
family incomes and shall charge families who earn more than two	119359
hundred per cent of the federal poverty guidelines, as defined in	119360
division (A)(3) of section 5101.46 of the Revised Code, for the	119361
early childhood education program.	119362

The Department shall conduct an annual survey of each	119363
provider to determine whether the provider charges families	119364
tuition or fees, the amount families are charged relative to	119365
family income levels, and the number of families and students	119366
charged tuition and fees for the early childhood program.	119367

(K) If an early childhood education program voluntarily	119368
waives its right for funding, or has its funding eliminated for	119369
not meeting financial standards or the early learning program	119370
standards, the provider shall transfer control of title to	119371
property, equipment, and remaining supplies obtained through the	119372
program to providers designated by the Department and return any	119373
unexpended funds to the Department along with any reports	119374
prescribed by the Department. The funding made available from a	119375
program that waives its right for funding or has its funding	119376
eliminated or reduced may be used by the Department for new grant	119377
awards or expansion grants. The Department may award new grants or	119378
expansion grants to eligible providers who apply. The eligible	119379
providers who apply must do so in accordance with the selection	119380
process established by the Department.	119381

(L) Eligible expenditures for the Early Childhood Education	119382
Program shall be claimed each fiscal year to help meet the state's	119383
TANF maintenance of effort requirement. The Superintendent of	119384
Public Instruction and the Director of Job and Family Services	119385
shall enter into an interagency agreement to carry out the	119386
requirements under this division, which shall include developing	119387
reporting guidelines for these expenditures.	119388

Section 263.30. INFORMATION TECHNOLOGY DEVELOPMENT AND	119389
SUPPORT	119390

The foregoing appropriation item 200420, Information	119391
Technology Development and Support, shall be used to support the	119392
development and implementation of information technology solutions	119393
designed to improve the performance and services of the Department	119394
of Education. Funds may be used for personnel, maintenance, and	119395
equipment costs related to the development and implementation of	119396
these technical system projects. Implementation of these systems	119397
shall allow the Department to provide greater levels of assistance	119398
to school districts and to provide more timely information to the	119399
public, including school districts, administrators, and	119400
legislators. Funds may also be used to support data-driven	119401
decision-making and differentiated instruction, as well as to	119402
communicate academic content standards and curriculum models to	119403
schools through web-based applications.	119404

Section 263.40. ALTERNATIVE EDUCATION PROGRAMS

119405

The foregoing appropriation item 200421, Alternative	119406
Education Programs, shall be used for the renewal of successful	119407
implementation grants and for competitive matching grants to	119408
school districts for alternative educational programs for existing	119409
and new at-risk and delinquent youth. Programs shall be focused on	119410
youth in one or more of the following categories: those who have	119411
been expelled or suspended, those who have dropped out of school	119412
or who are at risk of dropping out of school, those who are	119413
habitually truant or disruptive, or those on probation or on	119414
parole from a Department of Youth Services facility. Grants shall	119415
be awarded only to programs in which the grant will not serve as	119416
the program's primary source of funding. These grants shall be	119417
administered by the Department of Education.	119418

The Department of Education may waive compliance with any	119419
minimum education standard established under section 3301.07 of	119420
the Revised Code for any alternative school that receives a grant	119421
under this section on the grounds that the waiver will enable the	119422
program to more effectively educate students enrolled in the	119423
alternative school.	119424

Of the foregoing appropriation item 200421, Alternative	119425
Education Programs, a portion may be used for program	119426
administration, monitoring, technical assistance, support,	119427
research, and evaluation.	119428

Section 263.50. SCHOOL MANAGEMENT ASSISTANCE

119429

Of the foregoing appropriation item 200422, School Management	119430
Assistance, $1,000,000 in each fiscal year shall be used by the	119431
Auditor of State in consultation with the Department of Education	119432
for expenses incurred in the Auditor of State's role relating to	119433
fiscal caution, fiscal watch, and fiscal emergency activities as	119434
defined in Chapter 3316. of the Revised Code, unless an amount	119435
less than $1,000,000 is needed and mutually agreed to by the	119436
Department and the Auditor of State. This set-aside may also be	119437
used by the Auditor of State to conduct performance audits of	119438
other school districts with priority given to districts in fiscal	119439
distress. Districts in fiscal distress shall be determined by the	119440
Auditor of State and shall include districts that the Auditor of	119441
State, in consultation with the Department of Education,	119442
determines are employing fiscal practices or experiencing	119443
budgetary conditions that could produce a state of fiscal watch or	119444
fiscal emergency.	119445

The remainder of appropriation item 200422, School Management	119446
Assistance, shall be used by the Department of Education to	119447
provide fiscal technical assistance and inservice education for	119448
school district management personnel and to administer, monitor,	119449
and implement the fiscal caution, fiscal watch, and fiscal	119450
emergency provisions under Chapter 3316. of the Revised Code.	119451

Section 263.60. POLICY ANALYSIS

119452

The foregoing appropriation item 200424, Policy Analysis,	119453
shall be used by the Department of Education to support a system	119454
of administrative, statistical, and legislative education	119455
information to be used for policy analysis. Staff supported by	119456
this appropriation shall administer the development of reports,	119457
analyses, and briefings to inform education policymakers of	119458
current trends in education practice, efficient and effective use	119459
of resources, and evaluation of programs to improve education	119460
results. The database shall be kept current at all times. These	119461
research efforts shall be used to supply information and analysis	119462
of data to the General Assembly and other state policymakers,	119463
including the Office of Budget and Management, the Governor's	119464
Office of 21st Century Education, and the Legislative Service	119465
Commission.	119466

The Department of Education may use funding from this	119467
appropriation item to purchase or contract for the development of	119468
software systems or contract for policy studies that will assist	119469
in the provision and analysis of policy-related information.	119470
Funding from this appropriation item also may be used to monitor	119471
and enhance quality assurance for research-based policy analysis	119472
and program evaluation to enhance the effective use of education	119473
information to inform education policymakers.	119474

TECH PREP CONSORTIA SUPPORT

119475

The foregoing appropriation item 200425, Tech Prep Consortia	119476
Support, shall be used by the Department of Education to support	119477
state-level activities designed to support, promote, and expand	119478
tech prep programs. Use of these funds shall include, but not be	119479
limited to, administration of grants, program evaluation,	119480
professional development, curriculum development, assessment	119481
development, program promotion, communications, and statewide	119482
coordination of tech prep consortia.	119483

Section 263.70. OHIO EDUCATIONAL COMPUTER NETWORK

119484

The foregoing appropriation item 200426, Ohio Educational	119485
Computer Network, shall be used by the Department of Education to	119486
maintain a system of information technology throughout Ohio and to	119487
provide technical assistance for such a system in support of the	119488
P-16 State Education Technology Plan developed under section	119489
3353.09 of the Revised Code.	119490

Of the foregoing appropriation item 200426, Ohio Educational	119491
Computer Network, up to $10,705,569 in each fiscal year shall be	119492
used by the Department of Education to support connection of all	119493
public school buildings and participating chartered nonpublic	119494
schools to the state's education network, to each other, and to	119495
the Internet. In each fiscal year the Department of Education	119496
shall use these funds to assist information technology centers or	119497
school districts with the operational costs associated with this	119498
connectivity. The Department of Education shall develop a formula	119499
and guidelines for the distribution of these funds to information	119500
technology centers or individual school districts. As used in this	119501
section, "public school building" means a school building of any	119502
city, local, exempted village, or joint vocational school	119503
district, any community school established under Chapter 3314. of	119504
the Revised Code, any college preparatory boarding school	119505
established under Chapter 3328. of the Revised Code, any STEM	119506
school established under Chapter 3326. of the Revised Code, any	119507
educational service center building used for instructional	119508
purposes, the Ohio School for the Deaf and the Ohio School for the	119509
Blind, high schools chartered by the Ohio Department of Youth	119510
Services, or high schools operated by Ohio Department of	119511
Rehabilitation and Corrections' Ohio Central School System.	119512

Of the foregoing appropriation item 200426, Ohio Educational	119513
Computer Network, up to $2,500,000 in each fiscal year shall be	119514
used for the Union Catalog and InfOhio Network and to support the	119515
provision of electronic resources with priority given to resources	119516
that support the teaching of state academic content standards in	119517
all public schools. Consideration shall be given by the Department	119518
of Education to coordinating the allocation of these moneys with	119519
the efforts of Libraries Connect Ohio, whose members include	119520
OhioLINK, the Ohio Public Information Network, and the State	119521
Library of Ohio.	119522

Of the foregoing appropriation item 200426, Ohio Educational	119523
Computer Network, up to $5,220,000 in each fiscal year shall be	119524
used, through a formula and guidelines devised by the Department,	119525
to subsidize the activities of designated information technology	119526
centers, as defined by State Board of Education rules, to provide	119527
school districts and chartered nonpublic schools with	119528
computer-based student and teacher instructional and	119529
administrative information services, including approved	119530
computerized financial accounting, and to ensure the effective	119531
operation of local automated administrative and instructional	119532
systems.	119533

Of the foregoing appropriation item 200426, Ohio Educational	119534
Computer Network, up to $10,000,000 in fiscal year 2014 shall be	119535
used for middle mile connections for the information technology	119536
centers established under section 3301.075 of the Revised Code and	119537
select large urban districts to connect to the state broadband	119538
backbone managed by the Ohio Technology Consortium and for other	119539
connectivity upgrades necessary for K-12 school buildings with	119540
severely restricted broadband connections. The Department of	119541
Education shall develop an expenditure plan aligned with the	119542
capacity and timeline requirements of the achievement assessments	119543
developed by the Partnership for Assessment of Readiness for	119544
College and Careers and other instructional technology/blended	119545
learning initiatives. The State Chief Information Officer and the	119546
Education Technology Division of the Ohio Board of Regents shall	119547
review the plan to ensure it coincides with State of Ohio and	119548
higher education network strategies and shall either approve or	119549
reject the plan. If the plan is rejected, the State Chief	119550
Information Officer and the Education Technology Division of the	119551
Ohio Board of Regents shall identify deficiencies in the plan and	119552
work with the Department to complete an acceptable plan. "Select	119553
large urban districts" are those districts that connect to the	119554
state broadband backbone directly rather than through an	119555
information technology center. At the request of the	119556
Superintendent of Public Instruction, the Director of Budget and	119557
Management may authorize the expenditure in fiscal year 2015 of	119558
any unexpended and unencumbered portion of this set-aside at the	119559
end of fiscal year 2014. The authorized expenditure is hereby	119560
reappropriated to the Department for the same purpose for fiscal	119561
year 2015.	119562

The remainder of appropriation item 200426, Ohio Educational	119563
Computer Network, shall be used to support the work of the	119564
development, maintenance, and operation of a network of uniform	119565
and compatible computer-based information and instructional	119566
systems as well as the teacher student linkage/roster verification	119567
process and the eTranscript/student records exchange initiative.	119568
This technical assistance shall include, but not be restricted to,	119569
development and maintenance of adequate computer software systems	119570
to support network activities. In order to improve the efficiency	119571
of network activities, the Department and information technology	119572
centers may jointly purchase equipment, materials, and services	119573
from funds provided under this appropriation for use by the	119574
network and, when considered practical by the Department, may	119575
utilize the services of appropriate state purchasing agencies.	119576

Section 263.80. ACADEMIC STANDARDS

119577

The foregoing appropriation item 200427, Academic Standards,	119578
shall be used by the Department of Education to develop, revise,	119579
and communicate to school districts academic content standards and	119580
curriculum models and to develop professional development programs	119581
and other tools on the new content standards and model curriculum.	119582

Section 263.90. STUDENT ASSESSMENT

119583

Of the foregoing appropriation item 200437, Student	119584
Assessment, up to $95,000 in each fiscal year may be used to	119585
support the assessments required under section 3301.0715 of the	119586
Revised Code.	119587

The remainder of appropriation item 200437, Student	119588
Assessment, shall be used to develop, field test, print,	119589
distribute, score, report results, and support other associated	119590
costs for the tests required under sections 3301.0710, 3301.0711,	119591
and 3301.0712 of the Revised Code and for similar purposes as	119592
required by section 3301.27 of the Revised Code. The funds may	119593
also be used to update and develop diagnostic assessments required	119594
under sections 3301.079, 3301.0715, and 3313.608 of the Revised	119595
Code.	119596

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	119597
ASSESSMENT	119598

In fiscal year 2014 and fiscal year 2015, if the	119599
Superintendent of Public Instruction determines that additional	119600
funds are needed to fully fund the requirements of sections	119601
3301.0710, 3301.0711, 3301.0712, and 3301.27 of the Revised Code	119602
and this act for assessments of student performance, the	119603
Superintendent of Public Instruction may recommend the	119604
reallocation of unexpended and unencumbered General Revenue Fund	119605
appropriations within the Department of Education to appropriation	119606
item 200437, Student Assessment, to the Director of Budget and	119607
Management. If the Director of Budget and Management determines	119608
that such a reallocation is required, the Director of Budget and	119609
Management may transfer unexpended and unencumbered appropriations	119610
within the Department of Education as necessary to appropriation	119611
item 200437, Student Assessment. If these transferred	119612
appropriations are not sufficient to fully fund the assessment	119613
requirements in fiscal year 2014 or fiscal year 2015, the	119614
Superintendent of Public Instruction may request that the	119615
Controlling Board transfer up to $9,000,000 cash from the Lottery	119616
Profits Education Reserve Fund (Fund 7018) to the General Revenue	119617
Fund. Upon approval of the Controlling Board, the Director of	119618
Budget and Management shall transfer the cash. These transferred	119619
funds are hereby appropriated for the same purpose as	119620
appropriation item 200437, Student Assessment.	119621

Section 263.100. Notwithstanding anything to the contrary in	119622
sections 3301.0710 and 3301.0711 of the Revised Code, in the	119623
2013-2014 school year, the Department of Education shall not	119624
furnish, and school districts and schools shall not administer,	119625
the elementary writing and social studies achievement assessments	119626
prescribed by section 3301.0710 of the Revised Code, unless the	119627
Superintendent of Public Instruction determines the Department has	119628
sufficient funds to pay the costs of furnishing and scoring those	119629
assessments.	119630

Section 263.110. ACCOUNTABILITY/REPORT CARDS

119631

Of the foregoing appropriation item 200439,	119632
Accountability/Report Cards, a portion in each fiscal year may be	119633
used to train district and regional specialists and district	119634
educators in the use of the value-added progress dimension and in	119635
the use of data as it relates to improving student achievement.	119636
This training may include teacher and administrator professional	119637
development in the use of data to improve instruction and student	119638
learning, and teacher and administrator training in understanding	119639
teacher value-added reports and how they can be used as a	119640
component in measuring teacher and administrator effectiveness. A	119641
portion of this funding may be provided to a credible nonprofit	119642
organization with expertise in value-added progress dimensions.	119643

The remainder of appropriation item 200439,	119644
Accountability/Report Cards, shall be used by the Department to	119645
incorporate a statewide value-added progress dimension into	119646
performance ratings for school districts and for the development	119647
of an accountability system that includes the preparation and	119648
distribution of school report cards, funding and expenditure	119649
accountability reports under sections 3302.03 and 3302.031 of the	119650
Revised Code, and the development and maintenance of teacher	119651
value-added reports.	119652

CHILD CARE LICENSING

119653

The foregoing appropriation item 200442, Child Care	119654
Licensing, shall be used by the Department of Education to license	119655
and to inspect preschool and school-age child care programs under	119656
sections 3301.52 to 3301.59 of the Revised Code.	119657

Section 263.120. EDUCATION MANAGEMENT INFORMATION SYSTEM

119658

The foregoing appropriation item 200446, Education Management	119659
Information System, shall be used by the Department of Education	119660
to improve the Education Management Information System (EMIS).	119661

Of the foregoing appropriation item 200446, Education	119662
Management Information System, up to $729,000 in each fiscal year	119663
shall be distributed to designated information technology centers	119664
for costs relating to processing, storing, and transferring data	119665
for the effective operation of the EMIS. These costs may include,	119666
but are not limited to, personnel, hardware, software development,	119667
communications connectivity, professional development, and support	119668
services, and to provide services to participate in the State	119669
Education Technology Plan developed under section 3353.09 of the	119670
Revised Code.	119671

The remainder of appropriation item 200446, Education	119672
Management Information System, shall be used to develop and	119673
support a common core of data definitions and standards as adopted	119674
by the Education Management Information System Advisory Board,	119675
including the ongoing development and maintenance of the data	119676
dictionary and data warehouse. In addition, such funds shall be	119677
used to support the development and implementation of data	119678
standards; the design, development, and implementation of a new	119679
data exchange system; and responsibilities related to the school	119680
report cards prescribed by section 3302.03 of the Revised Code and	119681
value-added progress dimension calculations.	119682

Any provider of software meeting the standards approved by	119683
the Education Management Information System Advisory Board shall	119684
be designated as an approved vendor and may enter into contracts	119685
with local school districts, community schools, STEMS schools,	119686
information technology centers, or other educational entities for	119687
the purpose of collecting and managing data required under Ohio's	119688
education management information system (EMIS) laws. On an annual	119689
basis, the Department of Education shall convene an advisory group	119690
of school districts, community schools, and other	119691
education-related entities to review the Education Management	119692
Information System data definitions and data format standards. The	119693
advisory group shall recommend changes and enhancements based upon	119694
surveys of its members, education agencies in other states, and	119695
current industry practices, to reflect best practices, align with	119696
federal initiatives, and meet the needs of school districts.	119697

School districts, STEM schools, and community schools not	119698
implementing a common and uniform set of data definitions and data	119699
format standards for Education Management Information System	119700
purposes shall have all EMIS funding withheld until they are in	119701
compliance.	119702

Section 263.130. GED TESTING

119703

The foregoing appropriation item 200447, GED Testing, shall	119704
be used to provide General Educational Development (GED) testing	119705
under rules adopted by the State Board of Education.	119706

Section 263.140. EDUCATOR PREPARATION

119707

Of the foregoing appropriation item 200448, Educator	119708
Preparation, up to $500,000 in each fiscal year may be used by the	119709
Department of Education to monitor and support Ohio's State System	119710
of Support in accordance with the "No Child Left Behind Act of	119711
2011," 20 U.S.C. 6317, as administered pursuant to the Elementary	119712
and Secondary Education Act flexibility waivers approved for Ohio	119713
by the United States Department of Education.	119714

A portion of the foregoing appropriation item 200448,	119715
Educator Preparation, may be used by the Department to support the	119716
Educator Standards Board under section 3319.61 of the Revised Code	119717
and reforms under sections 3302.042, 3302.06 through 3302.068,	119718
3302.12, 3302.20 through 3302.22, and 3319.58 of the Revised Code.	119719

The remainder of the foregoing appropriation item 200448,	119720
Educator Preparation, in fiscal year 2015 may be used for	119721
implementation of teacher and principal evaluation systems,	119722
including incorporation of student growth as a metric in those	119723
systems, and teacher value-added reports.	119724

Section 263.150. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

119725

The foregoing appropriation item 200455, Community Schools	119726
and Choice Programs, may be used by the Department of Education	119727
for additional services and responsibilities under section 3314.11	119728
of the Revised Code and for operation of the school choice	119729
programs.	119730

Of the foregoing appropriation item 200455, Community Schools	119731
and Choice Programs, a portion in each fiscal year may be used by	119732
the Department of Education for developing and conducting training	119733
sessions for community schools and sponsors and prospective	119734
sponsors of community schools as prescribed in division (A)(1) of	119735
section 3314.015 of the Revised Code, and other schools	119736
participating in school choice programs.	119737

Section 263.160. TECHNOLOGY INTEGRATION AND PROFESSIONAL	119738
DEVELOPMENT	119739

The foregoing appropriation item 200465, Technology	119740
Integration and Professional Development, shall be used by the	119741
Department of Education to contract with educational television	119742
stations and education technology centers to provide Ohio public	119743
schools with instructional resources and services, with priority	119744
given to resources and services aligned with state academic	119745
content standards. Such resources and services shall be based upon	119746
the advice and approval of the Department, based on a formula used	119747
by the eTech Ohio Commission unless and until a substitute formula	119748
is developed in consultation with the Ohio Board of Regents.	119749

Section 263.170. PUPIL TRANSPORTATION

119750

Of the foregoing appropriation item 200502, Pupil	119751
Transportation, up to $838,930 in each fiscal year may be used by	119752
the Department of Education for training prospective and	119753
experienced school bus drivers in accordance with training	119754
programs prescribed by the Department. Up to $60,469,220 in each	119755
fiscal year may be used by the Department of Education for special	119756
education transportation reimbursements to school districts and	119757
county DD boards for transportation operating costs as provided in	119758
divisions (C) and (F) of section 3317.024 of the Revised Code. Up	119759
to $5,000,000 in each fiscal year may be used by the Department of	119760
Education to reimburse school districts that make payments to	119761
parents in lieu of transportation under section 3327.02 of the	119762
Revised Code and whose transportation is not funded under division	119763
(C) of section 3317.024 of the Revised Code.	119764

The remainder of appropriation item 200502, Pupil	119765
Transportation, shall be used to distribute the amounts calculated	119766
for transportation aid under section 3317.0212 of the Revised	119767
Code. The Department shall pay each school district a pro rata	119768
portion of the amounts calculated under section 3317.0212 of the	119769
Revised Code so that the aggregate amount appropriated is not	119770
exceeded.	119771

Section 263.180. SCHOOL LUNCH MATCH

119772

The foregoing appropriation item 200505, School Lunch Match,	119773
shall be used to provide matching funds to obtain federal funds	119774
for the school lunch program.	119775

Any remaining appropriation after providing matching funds	119776
for the school lunch program may be used to partially reimburse	119777
school buildings within school districts that are required to have	119778
a school breakfast program under section 3313.813 of the Revised	119779
Code, at a rate decided by the Department.	119780

Section 263.190. AUXILIARY SERVICES

119781

The foregoing appropriation item 200511, Auxiliary Services,	119782
shall be used by the Department of Education for the purpose of	119783
implementing section 3317.06 of the Revised Code. Of the	119784
appropriation, up to $1,888,106 in fiscal year 2014 and up to	119785
$1,944,949 in fiscal year 2015 may be used for payment of the	119786
College Credit Plus Program for nonpublic students, except that in	119787
fiscal year 2014 the Department may spend above the set-aside to	119788
pay for outstanding obligations for the Post-Secondary Enrollment	119789
Options Program in fiscal year 2013.	119790

Section 263.200. NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

119791

The foregoing appropriation item 200532, Nonpublic	119792
Administrative Cost Reimbursement, shall be used by the Department	119793
of Education for the purpose of implementing section 3317.063 of	119794
the Revised Code.	119795

Section 263.210. SPECIAL EDUCATION ENHANCEMENTS

119796

Of the foregoing appropriation item 200540, Special Education	119797
Enhancements, up to $50,000,000 in each fiscal year shall be used	119798
to fund special education and related services at county boards of	119799
developmental disabilities for eligible students under section	119800
3317.20 of the Revised Code and at institutions for eligible	119801
students under section 3317.201 of the Revised Code.	119802

Of the foregoing appropriation item 200540, Special Education	119803
Enhancements, up to $1,333,468 in each fiscal year shall be used	119804
for parent mentoring programs.	119805

Of the foregoing appropriation item 200540, Special Education	119806
Enhancements, up to $2,537,824 in each fiscal year may be used for	119807
school psychology interns.	119808

The remainder of appropriation item 200540, Special Education	119809
Enhancements, shall be distributed by the Department of Education	119810
to school districts and institutions, as defined in section	119811
3323.091 of the Revised Code, for preschool special education	119812
funding under section 3317.0213 of the Revised Code.	119813

The Department may reimburse school districts and	119814
institutions for services provided by instructional assistants,	119815
related services as defined in rule 3301-51-11 of the	119816
Administrative Code, physical therapy services provided by a	119817
licensed physical therapist or physical therapist assistant under	119818
the supervision of a licensed physical therapist as required under	119819
Chapter 4755. of the Revised Code and Chapter 4755-27 of the	119820
Administrative Code and occupational therapy services provided by	119821
a licensed occupational therapist or occupational therapy	119822
assistant under the supervision of a licensed occupational	119823
therapist as required under Chapter 4755. of the Revised Code and	119824
Chapter 4755-7 of the Administrative Code. Nothing in this section	119825
authorizes occupational therapy assistants or physical therapist	119826
assistants to generate or manage their own caseloads.	119827

The Department of Education shall require school districts,	119828
educational service centers, county DD boards, and institutions	119829
serving preschool children with disabilities to adhere to Ohio's	119830
early learning program standards, participate in the tiered	119831
quality rating and improvement system developed under section	119832
5104.30 of the Revised Code, and document child progress using	119833
research-based indicators prescribed by the Department and report	119834
results annually. The reporting dates and method shall be	119835
determined by the Department. Effective July 1, 2018, all programs	119836
shall be rated through the tiered quality rating and improvement	119837
system.	119838

Section 263.220. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

119839

Of the foregoing appropriation item 200545, Career-Technical	119840
Education Enhancements, up to $2,563,568 in each fiscal year shall	119841
be used to fund secondary career-technical education at	119842
institutions using a grant-based methodology, notwithstanding	119843
section 3317.05 of the Revised Code.	119844

Of the foregoing appropriation item 200545, Career-Technical	119845
Education Enhancements, up to $2,838,281 in each fiscal year shall	119846
be used by the Department of Education to fund competitive grants	119847
to tech prep consortia that expand the number of students enrolled	119848
in tech prep programs. These grant funds shall be used to directly	119849
support expanded tech prep programs provided to students enrolled	119850
in school districts, including joint vocational school districts,	119851
and affiliated higher education institutions. This support may	119852
include the purchase of equipment.	119853

Of the foregoing appropriation item 200545, Career-Technical	119854
Education Enhancements, up to $3,100,850 in each fiscal year shall	119855
be used by the Department of Education to support existing High	119856
Schools That Work (HSTW) sites, develop and support new sites,	119857
fund technical assistance, and support regional centers and middle	119858
school programs. The purpose of HSTW is to combine challenging	119859
academic courses and modern career-technical studies to raise the	119860
academic achievement of students. HSTW provides intensive	119861
technical assistance, focused staff development, targeted	119862
assessment services, and ongoing communications and networking	119863
opportunities.	119864

Of the foregoing appropriation item 200545, Career-Technical	119865
Education Enhancements, up to $300,000 in each fiscal year shall	119866
be used by the Department of Education to enable students in	119867
agricultural programs to enroll in a fifth quarter of instruction	119868
based on the agricultural education model of delivering work-based	119869
learning through supervised agricultural experience. The	119870
Department of Education shall determine eligibility criteria and	119871
the reporting process for the Agriculture 5th Quarter Project and	119872
shall fund as many programs as possible given the set aside.	119873

Section 263.230. FOUNDATION FUNDING

119874

Of the foregoing appropriation item 200550, Foundation	119875
Funding, up to $675,000 in fiscal year 2014 shall be used to	119876
support the work of the College of Education and Human Ecology at	119877
the Ohio State University in reviewing and assessing the alignment	119878
of courses offered through the distance learning clearinghouse	119879
established in sections 3333.81 to 3333.88 of the Revised Code	119880
with the academic content standards adopted under division (A) of	119881
section 3301.079 of the Revised Code.	119882

Of the foregoing appropriation item 200550, Foundation	119883
Funding, up to $2,000,000 in each fiscal year shall be reserved	119884
for Youth Services tuition payments under section 3317.024 of the	119885
Revised Code.	119886

Of the foregoing appropriation item 200550, Foundation	119887
Funding, up to $27,500,000 in fiscal year 2014 and up to	119888
$20,000,000 in fiscal year 2015 shall be reserved to fund the	119889
state reimbursement of educational service centers under the	119890
section of this act entitled "EDUCATIONAL SERVICE CENTERS	119891
FUNDING"; and up to $3,500,000 in each fiscal year shall be	119892
distributed to educational service centers for School Improvement	119893
Initiatives and, in consultation with the Governor's Director of	119894
21st Century Education, for the provision of technical assistance	119895
as required by the Elementary and Secondary Education Act	119896
Flexibility waivers approved for Ohio by the United States	119897
Department of Education. Educational service centers shall be	119898
required to support districts in the development and	119899
implementation of their continuous improvement plans as required	119900
in section 3302.04 of the Revised Code and to provide technical	119901
assistance and support in accordance with Title I of the "No Child	119902
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317, as	119903
administered pursuant to the Elementary and Secondary Education	119904
Act Flexibility waivers approved for Ohio by the United States	119905
Department of Education.	119906

Of the foregoing appropriation item 200550, Foundation	119907
Funding, up to $20,000,000 in each fiscal year shall be reserved	119908
for payments under sections 3317.026, 3317.027, and 3317.028 of	119909
the Revised Code. If this amount is not sufficient, the Department	119910
of Education shall prorate the payment amounts so that the	119911
aggregate amount allocated in this paragraph is not exceeded.	119912

Of the foregoing appropriation item 200550, Foundation	119913
Funding, up to $2,000,000 in each fiscal year shall be used to pay	119914
career-technical planning districts for the amounts reimbursed to	119915
students, as prescribed in this paragraph. Each career-technical	119916
planning district shall reimburse individuals taking the online	119917
General Educational Development (GED) test for the first time for	119918
application/test fees in excess of $40. Each career-technical	119919
planning district shall designate a site or sites where	119920
individuals may register and take the exam. For each individual	119921
that registers for the exam, the career-technical planning	119922
district shall make available and offer career counseling	119923
services, including information on adult education programs that	119924
are available.	119925

Of the foregoing appropriation item 200550, Foundation	119926
Funding, up to $410,000 in each fiscal year shall be used to pay	119927
career-technical planning districts $500 for each student that	119928
receives a journeyman certification, as recognized by the United	119929
States Department of Labor.	119930

Of the foregoing appropriation item 200550, Foundation	119931
Funding, up to $18,713,327 in each fiscal year shall be used to	119932
support school choice programs.	119933

Of the portion of the funds distributed to the Cleveland	119934
Municipal School District under this section, up to $11,901,887 in	119935
each fiscal year shall be used to operate the school choice	119936
program in the Cleveland Municipal School District under sections	119937
3313.974 to 3313.979 of the Revised Code. Notwithstanding	119938
divisions (B) and (C) of section 3313.978 and division (C) of	119939
section 3313.979 of the Revised Code, up to $1,000,000 in each	119940
fiscal year of this amount shall be used by the Cleveland	119941
Municipal School District to provide tutorial assistance as	119942
provided in division (H) of section 3313.974 of the Revised Code.	119943
The Cleveland Municipal School District shall report the use of	119944
these funds in the district's three-year continuous improvement	119945
plan as described in section 3302.04 of the Revised Code in a	119946
manner approved by the Department of Education.	119947

Of the foregoing appropriation item 200550, Foundation	119948
Funding, an amount shall be available in each fiscal year to be	119949
paid to joint vocational school districts in accordance with	119950
section 3317.16 of the Revised Code and the section of this act	119951
entitled "TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	119952
DISTRICTS."	119953

Of the foregoing appropriation item 200550, Foundation	119954
Funding, an amount shall be available in each fiscal year to pay	119955
career-technical planning districts in accordance with section	119956
3317.162 of the Revised Code.	119957

The remainder of appropriation item 200550, Foundation	119958
Funding, shall be used to distribute the amounts calculated for	119959
formula aid under section 3317.022 of the Revised Code and the	119960
section of this act entitled "TEMPORARY TRANSITIONAL AID FOR CITY,	119961
LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS."	119962

Appropriation items 200502, Pupil Transportation, 200540,	119963
Special Education Enhancements, and 200550, Foundation Funding,	119964
other than specific set-asides, are collectively used in each	119965
fiscal year to pay state formula aid obligations for school	119966
districts, community schools, STEM schools, college preparatory	119967
boarding schools, and joint vocational school districts under this	119968
act. The first priority of these appropriation items, with the	119969
exception of specific set-asides, is to fund state formula aid	119970
obligations. It may be necessary to reallocate funds among these	119971
appropriation items or use excess funds from other general revenue	119972
fund appropriation items in the Department of Education's budget	119973
in each fiscal year, in order to meet state formula aid	119974
obligations. If it is determined that it is necessary to transfer	119975
funds among these appropriation items or to transfer funds from	119976
other General Revenue Fund appropriations in the Department of	119977
Education's budget to meet state formula aid obligations, the	119978
Department of Education shall seek approval from the Controlling	119979
Board to transfer funds as needed.	119980

The Superintendent of Public Instruction shall make payments,	119981
transfers, and deductions, as authorized by Title XXXIII of the	119982
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	119983
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	119984
amounts substantially equal to those made in the prior year, or	119985
otherwise, at the discretion of the Superintendent, until at least	119986
the effective date of the amendments and enactments made to Title	119987
XXXIII by this act. If a new school district, community school, or	119988
STEM school opens prior to the effective date of this act, the	119989
Department of Education shall pay to the district or school an	119990
amount of $5,000 per pupil, based upon the estimated number of	119991
students that the district or school is expected to serve. Any	119992
funds paid to districts or schools under this section shall be	119993
credited toward the annual funds calculated for the district or	119994
school after the changes made to Title XXXIII in this act are	119995
effective. Upon the effective date of changes made to Title XXXIII	119996
in this act, funds shall be calculated as an annual amount.	119997

Section 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL,	119998
AND EXEMPTED VILLAGE SCHOOL DISTRICTS	119999

The Department of Education shall distribute funds within	120000
appropriation item 200550, Foundation Funding, for temporary	120001
transitional aid in each fiscal year to each qualifying city,	120002
local, and exempted village school district.	120003

(A) For fiscal years 2014 and 2015, the Department shall pay	120004
temporary transitional aid to each city, local, or exempted	120005
village school district that experiences any decrease in its state	120006
core foundation funding under section 3317.022 of the Revised	120007
Code, as re-enacted by this act, for the current fiscal year from	120008
its transitional aid guarantee base for the current fiscal year.	120009
The amount of the temporary transitional aid payment shall equal	120010
the difference between its funding under section 3317.022 of the	120011
Revised Code for the current fiscal year and its transitional aid	120012
guarantee base for the current fiscal year. If the computation	120013
made under this division results in a negative number, the	120014
district's funding under this division shall be zero.	120015

(1) The transitional aid guarantee base for each city, local,	120016
and exempted village school district for fiscal year 2014 equals:	120017

(a) The sum of the amounts computed for the district for	120018
fiscal year 2013, under Sections 267.30.50, 267.30.53, and	120019
267.30.56 of Am. Sub. H.B. 153 of the 129th General Assembly;	120020

Minus

120021

(b) The sum of both the amount allocated for the district for	120022
career-technical education funding for fiscal year 2011, as	120023
calculated for the district under division (B) of section 3306.052	120024
of the Revised Code, as that section existed prior to July 1,	120025
2011, and the amount allocated for pupil transportation for the	120026
district for fiscal year 2011, as calculated for the district	120027
under divisions (L)(1) and (2) of section 3306.12 of the Revised	120028
Code, as that section existed prior to July 1, 2011.	120029

(2) The transitional aid guarantee base for each city, local,	120030
and exempted village school district for fiscal year 2015 equals	120031
the amount computed for state core foundation funding for the	120032
district for fiscal year 2014 under section 3317.022 of the	120033
Revised Code, as re-enacted by this act, plus any amount	120034
calculated for temporary transitional aid for fiscal year 2014	120035
under division (A) of this section and after any reductions made	120036
for fiscal year 2014 under division (B) of this section.	120037

(B) Notwithstanding section 3317.022 of the Revised Code, as	120038
re-enacted by this act, and division (A) of this section, in	120039
either fiscal year 2014 or 2015, no city, local, or exempted	120040
village school district shall receive combined funding for state	120041
core foundation funding, under section 3317.022 of the Revised	120042
Code, as re-enacted by this act, and temporary transitional aid	120043
under division (A) of this section that is greater than the	120044
greater of (a) the opportunity grant calculated for the district	120045
under division (A)(1) of section 3317.022 of the Revised Code, as	120046
re-enacted by this act, and (b) the lesser of 1.25 times the	120047
district's transitional aid guarantee base for the current fiscal	120048
year, and 0.1 times the district's computed total resources for	120049
the fiscal year two years preceding the current fiscal year plus	120050
its transitional aid guarantee base for the current fiscal year.	120051
The Department shall reduce a district's payments under divisions	120052
(A)(2) to (7) of section 3317.022 of the Revised Code, as	120053
re-enacted by this act, proportionately as necessary in order to	120054
comply with this division.	120055

(C) As used in this section, a district's "total resources"	120056
for a given fiscal year means the sum of the following:	120057

(1) The sum of the amounts computed for the district for that	120058
fiscal year, under Sections 267.30.50, 267.30.53, and 267.30.56 of	120059
Am. Sub. H.B. 153 of the 129th General Assembly;	120060

(2) The sum of the payments received by the school district	120061
for that fiscal year for current expense levy losses pursuant to	120062
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	120063
section 5751.21 of the Revised Code, excluding the portion of such	120064
payments attributable to levies for joint vocational school	120065
district purposes;	120066

(3) The sum of the fixed-sum levy loss payments received by	120067
the school district for that fiscal year pursuant to division	120068
(E)(1) of section 5727.85 and division (E)(1) of section 5751.21	120069
of the Revised Code for fixed-sum levies charged and payable for a	120070
purpose other than paying debt charges;	120071

(4) The average of the school district's taxes charged and	120072
payable against all property on the tax list of real and public	120073
utility property for current expenses, including taxes charged and	120074
payable from emergency levies charged and payable under section	120075
5709.194 of the Revised Code and excluding taxes levied for joint	120076
vocational school district purposes, for the tax year two years	120077
preceding that fiscal year and the tax year one year preceding	120078
that fiscal year;	120079

(5) The amount certified for that fiscal year under division	120080
(A)(2) of section 3317.08 of the Revised Code;	120081

(6) Distributions received during the calendar year one year	120082
preceding that fiscal year from taxes levied under section 718.09	120083
of the Revised Code.	120084

Section 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	120085
VOCATIONAL SCHOOL DISTRICTS	120086

The Department of Education shall distribute funds within	120087
appropriation item 200550, Foundation Funding, for temporary	120088
transitional aid in each fiscal year to each qualifying joint	120089
vocational school district.	120090

(A) For fiscal years 2014 and 2015, the Department shall pay	120091
temporary transitional aid to each joint vocational school	120092
district that experiences any decrease in its state core	120093
foundation funding under section 3317.16 of the Revised Code, as	120094
re-enacted by this act, for the current fiscal year from its	120095
transitional aid guarantee base for the current fiscal year. The	120096
amount of the temporary transitional aid payment shall equal the	120097
difference between the district's funding under section 3317.16 of	120098
the Revised Code for the current fiscal year and its transitional	120099
aid guarantee base for the current fiscal year. If the computation	120100
made under this division results in a negative number, the	120101
district's funding under this division shall be zero.	120102

(1) The transitional aid guarantee base for each joint	120103
vocational school district for fiscal year 2014 equals:	120104

(a) The amount computed for the district for fiscal year	120105
2013, under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th	120106
General Assembly;	120107

Minus

120108

(b) The amount computed for the district for state vocational	120109
education additional weighted costs for fiscal year 2009, as	120110
calculated for the district under divisions (C)(1) and (2) of	120111
section 3317.16 of the Revised Code, as that section existed prior	120112
to July 1, 2010.	120113

(2) The transitional aid guarantee base for each joint	120114
vocational school district for fiscal year 2015 equals the amount	120115
computed for the state core foundation funding for the district	120116
for fiscal year 2014 under section 3317.16 of the Revised Code	120117
plus any amount calculated for temporary transitional aid for	120118
fiscal year 2014 under division (A) of this section and after any	120119
reductions made for fiscal year 2014 under division (B) of this	120120
section.	120121

(B) Notwithstanding section 3317.16 of the Revised Code, as	120122
re-enacted by this act, and division (A) of this section, in	120123
either fiscal year 2014 or 2015, no joint vocational school	120124
district shall receive combined funding for state core foundation	120125
funding, as computed under section 3317.16 of the Revised Code, as	120126
re-enacted by this act, and temporary transitional aid under	120127
division (A) of this section that is greater than the greater of	120128
(a) the opportunity grant calculated for the district under	120129
division (A)(1) of section 3317.16 of the Revised Code, as	120130
re-enacted by this act, and (b) 1.25 times the district's	120131
transitional aid guarantee base for the current fiscal year. The	120132
Department shall reduce a district's payments under divisions	120133
(A)(2) to (6) of section 3317.16 of the Revised Code, as	120134
re-enacted by this act, proportionately as necessary in order to	120135
comply with this division.	120136

Section 263.260. PROPERTY TAX ALLOCATION - EDUCATION

120137

The Superintendent of Public Instruction shall not request,	120138
and the Controlling Board shall not approve, the transfer of	120139
appropriation from appropriation item 200901, Property Tax	120140
Allocation - Education, to any other appropriation item.	120141

The appropriation item 200901, Property Tax Allocation -	120142
Education, is appropriated to pay for the state's costs incurred	120143
because of the homestead exemption, the property tax rollback, and	120144
payments required under division (C) of section 5705.2110 of the	120145
Revised Code. In cooperation with the Department of Taxation, the	120146
Department of Education shall distribute these funds directly to	120147
the appropriate school districts of the state, notwithstanding	120148
sections 321.24 and 323.156 of the Revised Code, which provide for	120149
payment of the homestead exemption and property tax rollback by	120150
the Tax Commissioner to the appropriate county treasurer and the	120151
subsequent redistribution of these funds to the appropriate local	120152
taxing districts by the county auditor.	120153

Upon receipt of these amounts, each school district shall	120154
distribute the amount among the proper funds as if it had been	120155
paid as real or tangible personal property taxes. Payments for the	120156
costs of administration shall continue to be paid to the county	120157
treasurer and county auditor as provided for in sections 319.54,	120158
321.26, and 323.156 of the Revised Code.	120159

Any sums, in addition to the amount specifically appropriated	120160
in appropriation items 200901, Property Tax Allocation -	120161
Education, for the homestead exemption and the property tax	120162
rollback payments, and payments required under division (C) of	120163
section 5705.2110 of the Revised Code, which are determined to be	120164
necessary for these purposes, are hereby appropriated.	120165

Section 263.270. TEACHER CERTIFICATION AND LICENSURE

120166

The foregoing appropriation item 200681, Teacher	120167
Certification and Licensure, shall be used by the Department of	120168
Education in each year of the biennium to administer and support	120169
teacher certification and licensure activities.	120170

SCHOOL DISTRICT SOLVENCY ASSISTANCE

120171

(A) Of the foregoing appropriation item 200687, School	120172
District Solvency Assistance, $20,000,000 in each fiscal year	120173
shall be allocated to the School District Shared Resource Account	120174
and $5,000,000 in each fiscal year shall be allocated to the	120175
Catastrophic Expenditures Account. These funds shall be used to	120176
provide assistance and grants to school districts to enable them	120177
to remain solvent under section 3316.20 of the Revised Code.	120178
Assistance and grants shall be subject to approval by the	120179
Controlling Board. Except as provided under division (C) of this	120180
section, any required reimbursements from school districts for	120181
solvency assistance shall be made to the appropriate account in	120182
the School District Solvency Assistance Fund (Fund 5H30).	120183

(B) Notwithstanding any provision of law to the contrary,	120184
upon the request of the Superintendent of Public Instruction, the	120185
Director of Budget and Management may make transfers to the School	120186
District Solvency Assistance Fund (Fund 5H30) from any fund used	120187
by the Department of Education or the General Revenue Fund to	120188
maintain sufficient cash balances in Fund 5H30 in fiscal years	120189
2014 and 2015. Any cash transferred is hereby appropriated. The	120190
transferred cash may be used by the Department of Education to	120191
provide assistance and grants to school districts to enable them	120192
to remain solvent and to pay unforeseeable expenses of a temporary	120193
or emergency nature that the school district is unable to pay from	120194
existing resources. The Director of Budget and Management shall	120195
notify the members of the Controlling Board of any such transfers.	120196

(C) If the cash balance of the School District Solvency	120197
Assistance Fund (Fund 5H30) is insufficient to pay solvency	120198
assistance in fiscal years 2014 and 2015, at the request of the	120199
Superintendent of Public Instruction, and with the approval of the	120200
Controlling Board, the Director of Budget and Management may	120201
transfer cash from the Lottery Profits Education Reserve Fund	120202
(Fund 7018) to Fund 5H30 to provide assistance and grants to	120203
school districts to enable them to remain solvent and to pay	120204
unforeseeable expenses of a temporary nature that they are unable	120205
to pay from existing resources under section 3316.20 of the	120206
Revised Code. Such transfers are hereby appropriated to	120207
appropriation item 200670, School District Solvency Assistance –	120208
Lottery. Any required reimbursements from school districts for	120209
solvency assistance granted from appropriation item 200670, School	120210
District Solvency Assistance – Lottery, shall be made to Fund	120211
7018.	120212

EXCEPTIONAL COST REIMBURSEMENT

120213

The foregoing appropriation item 200670, Exceptional Cost	120214
Reimbursement, shall be used in each fiscal year to provide	120215
additional state aid to school districts, joint vocational school	120216
districts, community schools, and STEM schools for special	120217
education students pursuant to section 3317.0214 of the Revised	120218
Code.	120219

Section 263.280. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

120220

Upon the request of the Superintendent of Public Instruction,	120221
the Director of Budget and Management may transfer up to $750,000	120222
cash in each fiscal year from the General Revenue Fund to the	120223
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	120224
transferred cash is to be used by the Department of Education to	120225
pay the expenses the Department incurs in administering the	120226
Medicaid School Component of the Medicaid program established	120227
under sections 5162.36 to 5162.364 of the Revised Code. On June 1	120228
of each fiscal year, or as soon as possible thereafter, the	120229
Director of Budget and Management shall transfer cash from Fund	120230
3AF0 back to the General Revenue Fund in an amount equal to the	120231
total amount transferred to Fund 3AF0 in that fiscal year.	120232

The money deposited into Fund 3AF0 under division (B) of	120233
section 5162.64 of the Revised Code is hereby appropriated for	120234
fiscal years 2014 and 2015 and shall be used in accordance with	120235
division (C) of section 5162.64 of the Revised Code.	120236

Section 263.290. HALF-MILL MAINTENANCE EQUALIZATION

120237

The foregoing appropriation item 200626, Half-Mill	120238
Maintenance Equalization, shall be used to make payments pursuant	120239
to section 3318.18 of the Revised Code.	120240

Section 263.300. GATES FOUNDATION GRANTS

120241

The foregoing appropriation item 200668, Gates Foundation	120242
Grants, shall be used by the Department of Education to provide	120243
professional development to school district principals,	120244
superintendents, and other administrative staff on the use of	120245
education technology.	120246

Section 263.310. AUXILIARY SERVICES REIMBURSEMENT

120247

Notwithstanding section 3317.064 of the Revised Code, if the	120248
unexpended, unencumbered cash balance is sufficient, the Treasurer	120249
of State shall transfer $1,500,000 in fiscal year 2014 within	120250
thirty days after the effective date of this section, and	120251
$1,500,000 in fiscal year 2015 by August 1, 2014, from the	120252
Auxiliary Services Personnel Unemployment Compensation Fund to the	120253
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	120254
Department of Education.	120255

Section 263.320. LOTTERY PROFITS EDUCATION FUND

120256

Appropriation item 200612, Foundation Funding (Fund 7017),	120257
shall be used in conjunction with appropriation item 200550,	120258
Foundation Funding (GRF), to provide state foundation payments to	120259
school districts.	120260

The Department of Education, with the approval of the	120261
Director of Budget and Management, shall determine the monthly	120262
distribution schedules of appropriation item 200550, Foundation	120263
Funding (GRF), and appropriation item 200612, Foundation Funding	120264
(Fund 7017). If adjustments to the monthly distribution schedule	120265
are necessary, the Department of Education shall make such	120266
adjustments with the approval of the Director of Budget and	120267
Management.	120268

STRAIGHT A FUND

120269

The foregoing appropriation item 200648, Straight A Fund,	120270
shall be used to make competitive grants in accordance with	120271
section 3317.52 of the Revised Code.	120272

EDCHOICE EXPANSION

120273

The foregoing appropriation item 200666, EdChoice Expansion,	120274
shall be used as follows:	120275

(A) In fiscal year 2014, notwithstanding section 3310.032 of	120276
the Revised Code, the Department of Education shall administer an	120277
expansion of the Educational Choice Scholarship program as	120278
follows:	120279

(1) A student is an "eligible student" for purposes of the	120280
expansion of the Educational Choice Scholarship Pilot Program	120281
under division (A) of this section if the student's resident	120282
district is not a school district in which the pilot project	120283
scholarship program is operating under sections 3313.974 to	120284
3313.979 of the Revised Code and the student's family income is at	120285
or below two hundred per cent of the federal poverty guidelines,	120286
as defined in section 5101.46 of the Revised Code.	120287

(2) The Department shall pay scholarships to attend chartered	120288
nonpublic schools in accordance with section 3310.08 of the	120289
Revised Code. The number of scholarships awarded under division	120290
(A) of this section shall not exceed the number that can be funded	120291
with appropriations made by the general assembly for this purpose.	120292

(3) Scholarships under division (A) of this section shall be	120293
awarded for the 2013-2014 school year, to eligible students who	120294
are entering kindergarten in that school year for the first time.	120295

(4) If the number of eligible students who apply for a	120296
scholarship exceeds the scholarships available based on the	120297
appropriation for division (A) of this section, the department	120298
shall award scholarships in the following order of priority:	120299

(a) First, to eligible students with family incomes at or	120300
below one hundred per cent of the federal poverty guidelines.	120301

(b) Second, to other eligible students who qualify under	120302
division (A) of this section. If the number of students described	120303
in division (A)(4)(b) of this section exceeds the number of	120304
available scholarships after awards are made under division	120305
(A)(4)(a) of this section, the department shall select students	120306
described in division (A)(4)(b) of this section by lot to receive	120307
any remaining scholarships.	120308

(5) A student who receives a scholarship under division (A)	120309
of this section remains an eligible student and may continue to	120310
receive scholarships under section 3310.032 of the Revised Code in	120311
subsequent school years until the student completes grade twelve,	120312
so long as the student satisfies the conditions specified in	120313
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	120314

Once a scholarship is awarded under this section, the student	120315
shall remain eligible for that scholarship for the current and	120316
subsequent school years, even if the student's family income rises	120317
above the amount specified in division (A) of section 3310.032 of	120318
the Revised Code, provided the student remains enrolled in a	120319
chartered nonpublic school.	120320

(B) In fiscal year 2015, to provide for the scholarships	120321
awarded under the expansion of the educational choice program	120322
established under section 3310.032 of the Revised Code. The number	120323
of scholarships awarded under the expansion of the educational	120324
choice program shall not exceed the number that can be funded with	120325
the appropriations made by the General Assembly for this purpose.	120326

COMMUNITY SCHOOL FACILITIES

120327

The foregoing appropriation item 200684, Community School	120328
Facilities, shall be used to pay each community school established	120329
under Chapter 3314. of the Revised Code that is not an internet-	120330
or computer-based community school an amount equal to $100 for	120331
each full-time equivalent pupil for assistance with the cost	120332
associated with facilities. If the amount appropriated is not	120333
sufficient, the Department of Education shall prorate the amounts	120334
so that the aggregate amount appropriated is not exceeded.	120335

Section 263.330. LOTTERY PROFITS EDUCATION RESERVE FUND

120336

(A) There is hereby created the Lottery Profits Education	120337
Reserve Fund (Fund 7018) in the State Treasury. Investment	120338
earnings of the Lottery Profits Education Reserve Fund shall be	120339
credited to the fund.	120340

(B) Notwithstanding any other provision of law to the	120341
contrary, the Director of Budget and Management may transfer cash	120342
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	120343
in fiscal year 2014 and fiscal year 2015.	120344

(C) On July 15, 2013, or as soon as possible thereafter, the	120345
Director of the Ohio Lottery Commission shall certify to the	120346
Director of Budget and Management the amount by which lottery	120347
profit transfers received by Fund 7017 exceeded $680,500,000 in	120348
fiscal year 2013.	120349

(D) On July 15, 2014, or as soon as possible thereafter, the	120350
Director of the Ohio Lottery Commission shall certify to the	120351
Director of Budget and Management the amount by which lottery	120352
profit transfers received by Fund 7017 exceeded $841,000,000 in	120353
fiscal year 2014.	120354

(E) Notwithstanding any provision of law to the contrary, in	120355
fiscal year 2014 and fiscal year 2015, the Director of Budget and	120356
Management may transfer cash in excess of the amounts necessary to	120357
support appropriations in Fund 7017 from that fund to Fund 7018.	120358

Section 263.340. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	120359
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	120360

Notwithstanding any provision of law to the contrary, in	120361
fiscal year 2014 and fiscal year 2015 the Director of Budget and	120362
Management may make temporary transfers between the General	120363
Revenue Fund and the School District Property Tax Replacement –	120364
Business Fund (Fund 7047), used by the Department of Education, to	120365
ensure sufficient balances in Fund 7047 and to replenish the	120366
General Revenue Fund for such transfers.	120367

Section 263.350. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	120368
BUSINESS	120369

The foregoing appropriation item 200909, School District	120370
Property Tax Replacement – Business, shall be used by the	120371
Department of Education, in consultation with the Department of	120372
Taxation, to make payments to school districts and joint	120373
vocational school districts under section 5751.21 of the Revised	120374
Code. If it is determined by the Director of Budget and Management	120375
that additional appropriations are necessary for this purpose,	120376
such amounts are hereby appropriated.	120377

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

120378

The foregoing appropriation item 200900, School District	120379
Property Tax Replacement-Utility, shall be used by the Department	120380
of Education, in consultation with the Department of Taxation, to	120381
make payments to school districts and joint vocational school	120382
districts under section 5727.85 of the Revised Code. If it is	120383
determined by the Director of Budget and Management that	120384
additional appropriations are necessary for this purpose, such	120385
amounts are hereby appropriated.	120386

DISTRIBUTION FORMULAS

120387

The Department of Education shall report the following to the	120388
Director of Budget and Management and the Legislative Service	120389
Commission:	120390

(A) Changes in formulas for distributing state	120391
appropriations, including administratively defined formula	120392
factors;	120393

(B) Discretionary changes in formulas for distributing	120394
federal appropriations;	120395

(C) Federally mandated changes in formulas for distributing	120396
federal appropriations.	120397

Any such changes shall be reported two weeks prior to the	120398
effective date of the change.	120399

Section 263.360. EDUCATIONAL SERVICE CENTERS FUNDING

120400

In fiscal year 2014, each Educational Service Center shall	120401
receive funding equal to seventy-seven and one-half per cent of	120402
the amount received in fiscal year 2013 under Section 267.40.70 of	120403
Am. Sub. H.B. 153 of the 129th General Assembly.	120404

In fiscal year 2015, each Educational Service Center shall	120405
receive funding equal to seventy-two and three tenths per cent of	120406
the amount received in fiscal year 2014 under this section.	120407

Notwithstanding any provision of law to the contrary, the	120408
Department of Education shall modify the payments under this	120409
section as follows:	120410

(A) If an educational service center ceases operation, the	120411
Department shall redistribute that center's funding, as calculated	120412
under this section, to the remaining centers in proportion to each	120413
center's service center ADM as defined in former section 3317.11	120414
of the Revised Code, as that section existed prior to the date of	120415
its repeal.	120416

(B) If two or more educational service centers merge	120417
operations to create a single service center, the Department shall	120418
distribute the sum of the original service centers' funding, as	120419
calculated under this section, to the new service center.	120420

Section 263.370. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	120421
ASSESSMENT OF EDUCATION PROGRESS	120422

The General Assembly intends for the Superintendent of Public	120423
Instruction to provide for school district participation in the	120424
administration of the National Assessment of Education Progress in	120425
accordance with section 3301.27 of the Revised Code. Each school	120426
and school district selected for participation by the	120427
Superintendent of Public Instruction shall participate.	120428

Section 263.380. EARMARK ACCOUNTABILITY

120429

At the request of the Superintendent of Public Instruction,	120430
any entity that receives a budget earmark under the Department of	120431
Education shall submit annually to the chairpersons of the	120432
committees of the House of Representatives and the Senate	120433
primarily concerned with education and to the Department of	120434
Education a report that includes a description of the services	120435
supported by the funds, a description of the results achieved by	120436
those services, an analysis of the effectiveness of the program,	120437
and an opinion as to the program's applicability to other school	120438
districts. For an earmarked entity that received state funds from	120439
an earmark in the prior fiscal year, no funds shall be provided by	120440
the Department of Education to an earmarked entity for a fiscal	120441
year until its report for the prior fiscal year has been	120442
submitted.	120443

Section 263.390. COMMUNITY SCHOOL OPERATING FROM HOME

120444

A community school established under Chapter 3314. of the	120445
Revised Code that was open for operation as a community school as	120446
of May 1, 2005, may operate from or in any home, as defined in	120447
section 3313.64 of the Revised Code, located in the state,	120448
regardless of when the community school's operations from or in a	120449
particular home began.	120450

Section 263.400. USE OF VOLUNTEERS

120451

The Department of Education may utilize the services of	120452
volunteers to accomplish any of the purposes of the Department.	120453
The Superintendent of Public Instruction shall approve for what	120454
purposes volunteers may be used and for these purposes may	120455
recruit, train, and oversee the services of volunteers. The	120456
Superintendent may reimburse volunteers for necessary and	120457
appropriate expenses in accordance with state guidelines and may	120458
designate volunteers as state employees for the purpose of motor	120459
vehicle accident liability insurance under section 9.83 of the	120460
Revised Code, for immunity under section 9.86 of the Revised Code,	120461
and for indemnification from liability incurred in the performance	120462
of their duties under section 9.87 of the Revised Code.	120463

Section 263.410. RESTRICTION OF LIABILITY FOR CERTAIN	120464
REIMBURSEMENTS	120465

(A) Except as expressly required under a court judgment not	120466
subject to further appeals, or a settlement agreement with a	120467
school district executed on or before June 1, 2009, in the case of	120468
a school district for which the formula ADM for fiscal year 2005,	120469
as reported for that fiscal year under division (A) of section	120470
3317.03 of the Revised Code, was reduced based on enrollment	120471
reports for community schools, made under section 3314.08 of the	120472
Revised Code, regarding students entitled to attend school in the	120473
district, which reduction of formula ADM resulted in a reduction	120474
of foundation funding or transitional aid funding for fiscal year	120475
2005, 2006, or 2007, no school district, except a district named	120476
in the court's judgment or the settlement agreement, shall have a	120477
legal claim for reimbursement of the amount of such reduction in	120478
foundation funding or transitional aid funding, and the state	120479
shall not have liability for reimbursement of the amount of such	120480
reduction in foundation funding or transitional aid funding.	120481

(B) As used in this section:

120482

(1) "Community school" means a community school established	120483
under Chapter 3314. of the Revised Code.	120484

(2) "Entitled to attend school" means entitled to attend	120485
school in a school district under section 3313.64 or 3313.65 of	120486
the Revised Code.	120487

(3) "Foundation funding" means payments calculated for the	120488
respective fiscal year under Chapter 3317. of the Revised Code.	120489

(4) "Transitional aid funding" means payments calculated for	120490
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	120491
of the 125th General Assembly, as subsequently amended; Section	120492
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	120493
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	120494
of the 127th General Assembly.	120495

Section 263.420. UNAUDITABLE COMMUNITY SCHOOL

120496

(A) If the Auditor of State or a public accountant, pursuant	120497
to section 117.41 of the Revised Code, declares a community school	120498
established under Chapter 3314. of the Revised Code to be	120499
unauditable, the Auditor of State shall provide written	120500
notification of that declaration to the school, the school's	120501
sponsor, and the Department of Education. The Auditor of State	120502
also shall post the notification on the Auditor of State's web	120503
site.	120504

(B) Notwithstanding any provision to the contrary in Chapter	120505
3314. of the Revised Code or any other provision of law, a sponsor	120506
of a community school that is notified by the Auditor of State	120507
under division (A) of this section that a community school it	120508
sponsors is unauditable shall not enter into contracts with any	120509
additional community schools under section 3314.03 of the Revised	120510
Code until the Auditor of State or a public accountant has	120511
completed a financial audit of that school.	120512

(C) Not later than forty-five days after receiving	120513
notification by the Auditor of State under division (A) of this	120514
section that a community school is unauditable, the sponsor of the	120515
school shall provide a written response to the Auditor of State.	120516
The response shall include the following:	120517

(1) An overview of the process the sponsor will use to review	120518
and understand the circumstances that led to the community school	120519
becoming unauditable;	120520

(2) A plan for providing the Auditor of State with the	120521
documentation necessary to complete an audit of the community	120522
school and for ensuring that all financial documents are available	120523
in the future;	120524

(3) The actions the sponsor will take to ensure that the plan	120525
described in division (C)(2) of this section is implemented.	120526

(D) If a community school fails to make reasonable efforts	120527
and continuing progress to bring its accounts, records, files, or	120528
reports into an auditable condition within ninety days after being	120529
declared unauditable, the Auditor of State, in addition to	120530
requesting legal action under sections 117.41 and 117.42 of the	120531
Revised Code, shall notify the Department of the school's failure.	120532
If the Auditor of State or a public accountant subsequently is	120533
able to complete a financial audit of the school, the Auditor of	120534
State shall notify the Department that the audit has been	120535
completed.	120536

(E) Notwithstanding any provision to the contrary in Chapter	120537
3314. of the Revised Code or any other provision of law, upon	120538
notification by the Auditor of State under division (D) of this	120539
section that a community school has failed to make reasonable	120540
efforts and continuing progress to bring its accounts, records,	120541
files, or reports into an auditable condition following a	120542
declaration that the school is unauditable, the Department shall	120543
immediately cease all payments to the school under Chapter 3314.	120544
of the Revised Code and any other provision of law. Upon	120545
subsequent notification from the Auditor of State under that	120546
division that the Auditor of State or a public accountant was able	120547
to complete a financial audit of the community school, the	120548
Department shall release all funds withheld from the school under	120549
this section.	120550

Section 263.430. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

120551

In collaboration with the County Family and Children First	120552
Council, a city, local, or exempted village school district,	120553
community school, STEM school, joint vocational school district,	120554
educational service center, or county board of developmental	120555
disabilities that receives allocations from the Department of	120556
Education from appropriation item 200550, Foundation Funding, or	120557
appropriation item 200540, Special Education Enhancements, may	120558
transfer portions of those allocations to a flexible funding pool	120559
authorized by the Section of this act entitled "FAMILY AND	120560
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	120561
maintenance of effort or for federal or state funding matching	120562
requirements shall not be transferred unless the allocation may	120563
still be used to meet such requirements.	120564

Section 263.440. The Department of Education shall conduct a	120565
formative evaluation of the Jon Peterson Special Needs Scholarship	120566
Program established under sections 3310.51 to 3310.64 of the	120567
Revised Code, using both quantitative and qualitative analyses,	120568
and shall report its findings to the General Assembly, in	120569
accordance with section 101.68 of the Revised Code, not later than	120570
December 31, 2014.	120571

The study shall include an assessment of:

120572

(A) The level of the participating student's satisfaction	120573
with the program;	120574

(B) The level of the participating parent's satisfaction with	120575
the program;	120576

(C) The fiscal impact to the state and resident school	120577
districts affected by the program.	120578

In conducting the evaluation, the Department shall to the	120579
extent possible gather comments from parents who have been awarded	120580
scholarships under the program, school district officials,	120581
representatives of registered private providers, educators, and	120582
representatives of educational organizations for inclusion in the	120583
report required under this section.	120584

The Department may contract with one or more qualified	120585
researchers who have previous experience evaluating school choice	120586
programs to conduct this study. The Department may accept grants	120587
to assist in funding this study.	120588

Section 263.450. (A) The Ohio Open Enrollment Task Force is	120589
hereby established to review and make recommendations on open	120590
enrollment. The Superintendent of Public Instruction shall consult	120591
with the Governor's Office of 21st Century Education to convene a	120592
taskforce that consists of representatives from school districts	120593
that represent all sectors of Ohio's educational community.	120594

(B) The Superintendent shall designate the chairperson of the	120595
Task Force. All meetings of the Task Force shall be held at the	120596
call of the chairperson.	120597

(C) The Task Force shall review and make recommendations	120598
regarding the process by which students may enroll in other school	120599
districts under open enrollment and the funding mechanisms	120600
associated with open enrollment deductions and credits.	120601

(D) Not later than December 31, 2013, the Task Force shall	120602
issue a report of its findings and recommendations to the	120603
Governor, the President of the Senate, and the Speaker of the	120604
House of Representatives. Upon issuance of the report, the Task	120605
Force shall cease to exist.	120606

Section 263.460. Not later than December 31, 2013, the State	120607
Board of Education shall review and revise the operating standards	120608
adopted in accordance with division (D) of section 3301.07 of the	120609
Revised Code. The operating standards adopted in accordance with	120610
division (D) of section 3301.07 of the Revised Code shall be	120611
limited to the requirements necessary to ensure the health and	120612
safety of students and the requirements necessary to ensure each	120613
student has mastered a common knowledge base in order to graduate	120614
from high school. As much as possible, the state board shall	120615
provide schools with flexibility in meeting the standards adopted.	120616

Section 263.470. (A) On July 1, 2013, or as soon as possible	120617
thereafter, notwithstanding any provision of law to the contrary,	120618
and if requested by the Department of Education, the Director of	120619
Budget and Management shall make budget changes made necessary by	120620
the transfer of the operations and related management functions of	120621
the eTech Ohio Commission to the Department of Education, if any,	120622
including administrative organization, program transfers, the	120623
creation of new funds, the transfer of state funds, and the	120624
consolidation of funds, as authorized by this section. The	120625
Director of Budget and Management may, if necessary, establish	120626
encumbrances or parts of encumbrances in the fiscal year 2014-2015	120627
biennium in the appropriate fund and appropriation item for the	120628
same purpose and for payment to the same vendor. The established	120629
encumbrances plus any additional amounts determined to be	120630
necessary for the Ohio Department of Education to perform the	120631
operations and related management functions of the eTech Ohio	120632
Commission are hereby appropriated.	120633

(B) Not later than 30 days after the transfer and	120634
consolidation of the operations and related management functions	120635
of the eTech Ohio Commission to the Department of Education, an	120636
authorized officer of the eTech Ohio Commission shall certify to	120637
the Department of Education the unexpended balance and location of	120638
any funds and accounts designated for building and facility	120639
operation and management functions, and the custody of such funds	120640
and accounts shall be transferred to the Department of Education.	120641

(C) Effective July 1, 2013, the Director of Budget and	120642
Management shall cancel any existing encumbrances against	120643
appropriation item 935607, Gates Foundation Grants, and	120644
re-establish them against appropriation item 200668, Gates	120645
Foundation Grants. The re-established encumbrance amounts are	120646
hereby appropriated. Any business commenced but not completed	120647
under appropriation item 935607 by July 1, 2013, shall be	120648
completed under appropriation item 200668 in the same manner and	120649
with the same effect as if it were completed with regard to	120650
appropriation item 935607.	120651

(D) Effective July 1, 2013, the Director of Budget and	120652
Management shall cancel existing encumbrances against	120653
appropriation item 935408, General Operations, and re-establish	120654
them, as determined to be appropriate by the Director of Budget	120655
and Management, against appropriation item 200464, General	120656
Technology Operations. The re-established encumbrance amounts are	120657
hereby appropriated. Any business commenced but not completed	120658
under appropriation item 935408 by July 1, 2013, shall be	120659
completed, as determined to be appropriate by the Director of	120660
Budget and Management, under appropriation item 200464 in the same	120661
manner and with the same effect as if it were completed with	120662
regard to appropriation item 935408.	120663

(E) Effective July 1, 2013, the Director of Budget and	120664
Management shall cancel existing encumbrances against	120665
appropriation item 935411, Technology Integration and Professional	120666
Development, and re-establish them, as determined to be	120667
appropriate by the Director of Budget and Management, against	120668
appropriation item 200465, Technology Integration and Professional	120669
Development. The re-established encumbrance amounts are hereby	120670
appropriated. Any business commenced but not completed under	120671
appropriation item 935411 by July 1, 2013, shall be completed, as	120672
determined to be appropriate by the Director of Budget and	120673
Management, under appropriation item 200465 in the same manner and	120674
with the same effect as if it were completed with regard to	120675
appropriation item 935411.	120676

(F) There is hereby created the Educational Technology	120677
Practice Office as a cross-functional office comprised of	120678
employees of the Ohio Board of Regents and the Department of	120679
Education, including former employees of the eTech Ohio Commission	120680
transferred to the Ohio Board of Regents and the Department of	120681
Education. The Office shall work with educational service centers	120682
and information technology centers to develop digital learning,	120683
blended learning, and professional development materials using	120684
shared infrastructure. The Office shall also evaluate new	120685
educational technology and methodologies of teaching and learning	120686
and work with educators to increase awareness of such new	120687
technology and methodologies shown to be helpful to Ohio students.	120688

(G) TRANSFER OF EMPLOYEES

120689

As of July 1, 2013, all employees of the former eTech Ohio	120690
Commission who transferred to the Department of Education upon the	120691
abolishment of the Commission as prescribed by this section and	120692
who when employed by that Commission or a predecessor agency were	120693
included in a bargaining unit established under Chapter 4117. of	120694
the Revised Code, shall continue to be included in that bargaining	120695
unit, are public employees as defined in section 4117.01 of the	120696
Revised Code, and may collectively bargain with the Department in	120697
accordance with that chapter. Otherwise, any employee hired by the	120698
Department on or after the effective date of this section, either	120699
to fill vacancies or to fill new positions related to the	120700
transferred employees' duties, shall be exempt from Chapter 4117.	120701
of the Revised Code and shall not be public employees as defined	120702
in section 4117.01 of the Revised Code.	120703

Section 265.10. ELC OHIO ELECTIONS COMMISSION

120704

General Revenue Fund	120705

GRF	051321		Operating Expenses		$	333,117		$	333,117		120706
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		120707

General Services Fund Group	120708

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	120709
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	120710
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	120711

Section 267.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	120713
DIRECTORS	120714

General Services Fund Group	120715

4K90	881609	Operating Expenses	$	737,000	$	741,000	120716
TOTAL GSF General Services							120717
Fund Group			$	737,000	$	741,000	120718
TOTAL ALL BUDGET FUND GROUPS			$	737,000	$	741,000	120719

Section 269.10. PAY EMPLOYEE BENEFITS FUNDS

120721

Accrued Leave Liability Fund Group	120722

8060	995666	Accrued Leave Fund	$	73,494,242	$	74,964,127	120723
8070	995667	Disability Fund	$	26,593,747	$	27,345,147	120724
TOTAL ALF Accrued Leave Liability							120725
Fund Group			$	100,087,989	$	102,309,274	120726

Agency Fund Group	120727

1240	995673	Payroll Deductions	$	775,712,468		$	814,498,091	120728
8080	995668	State Employee Health Benefit Fund	$	689,654,314		$	758,608,963	120729
8090	995669	Dependent Care Spending Account	$	2,967,711		$	3,116,097	120730
8100	995670	Life Insurance Investment Fund	$	2,143,053		$	2,143,053	120731
8110	995671	Parental Leave Benefit Fund	$	3,668,471		$	3,741,840	120732
8130	995672	Health Care Spending Account	$	8,033,020		$	8,434,671	120733
TOTAL AGY Agency Fund Group			$	1,482,179,037		$	1,590,542,715	120734
					120735

TOTAL ALL BUDGET FUND GROUPS

1,582,267,026

1,692,851,989

120736

ACCRUED LEAVE LIABILITY FUND

120737

The foregoing appropriation item 995666, Accrued Leave Fund,	120738
shall be used to make payments from the Accrued Leave Liability	120739
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	120740
If it is determined by the Director of Budget and Management that	120741
additional amounts are necessary, the amounts are hereby	120742
appropriated.	120743

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

120744

The foregoing appropriation item 995667, Disability Fund,	120745
shall be used to make payments from the State Employee Disability	120746
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	120747
Revised Code. If it is determined by the Director of Budget and	120748
Management that additional amounts are necessary, the amounts are	120749
hereby appropriated.	120750

PAYROLL DEDUCTION FUND

120751

The foregoing appropriation item 995673, Payroll Deductions,	120752
shall be used to make payments from the Payroll Deduction Fund	120753
(Fund 1240) pursuant to section 125.21 of the Revised Code. If it	120754
is determined by the Director of Budget and Management that	120755
additional appropriation amounts are necessary, the amounts are	120756
hereby appropriated.	120757

STATE EMPLOYEE HEALTH BENEFIT FUND

120758

The foregoing appropriation item 995668, State Employee	120759
Health Benefit Fund, shall be used to make payments from the State	120760
Employee Health Benefit Fund (Fund 8080) pursuant to section	120761
124.87 of the Revised Code. If it is determined by the Director of	120762
Budget and Management that additional amounts are necessary, the	120763
amounts are hereby appropriated.	120764

DEPENDENT CARE SPENDING FUND

120765

The foregoing appropriation item 995669, Dependent Care	120766
Spending Account, shall be used to make payments from the	120767
Dependent Care Spending Fund (Fund 8090) to employees eligible for	120768
dependent care expenses pursuant to section 124.822 of the Revised	120769
Code. If it is determined by the Director of Budget and Management	120770
that additional amounts are necessary, the amounts are hereby	120771
appropriated.	120772

LIFE INSURANCE INVESTMENT FUND

120773

The foregoing appropriation item 995670, Life Insurance	120774
Investment Fund, shall be used to make payments from the Life	120775
Insurance Investment Fund (Fund 8100) for the costs and expenses	120776
of the state's life insurance benefit program pursuant to section	120777
125.212 of the Revised Code. If it is determined by the Director	120778
of Budget and Management that additional amounts are necessary,	120779
the amounts are hereby appropriated.	120780

PARENTAL LEAVE BENEFIT FUND

120781

The foregoing appropriation item 995671, Parental Leave	120782
Benefit Fund, shall be used to make payments from the Parental	120783
Leave Benefit Fund (Fund 8110) to employees eligible for parental	120784
leave benefits pursuant to section 124.137 of the Revised Code. If	120785
it is determined by the Director of Budget and Management that	120786
additional amounts are necessary, the amounts are hereby	120787
appropriated.	120788

HEALTH CARE SPENDING ACCOUNT FUND

120789

The foregoing appropriation item 995672, Health Care Spending	120790
Account, shall be used to make payments from the Health Care	120791
Spending Account Fund (Fund 8130) for payments pursuant to state	120792
employees' participation in a flexible spending account for	120793
non-reimbursed health care expenses and section 124.821 of the	120794
Revised Code. If it is determined by the Director of	120795
Administrative Services that additional appropriation amounts are	120796
necessary, the Director of Administrative Services may request	120797
that the Director of Budget and Management increase such amounts.	120798
Such amounts are hereby appropriated.	120799

Section 269.20. CASH TRANSFERS FROM THE COST SAVINGS FUND

120800

On July 1, 2013, or as soon as possible thereafter, the	120801
Director of Budget and Management shall transfer $735,000 cash	120802
from the Cost Savings Fund (Fund 8140) to the Investment Recovery	120803
Fund (Fund 4270) used by the Department of Administrative	120804
Services, and up to $5,200,000 cash from the Cost Savings Fund	120805
(Fund 8140) to the Accrued Leave Fund (Fund 8060) in order to	120806
support accrued leave payouts to state employees who are	120807
participating in an annual leave conversion or who are separating	120808
from state service.	120809

Section 271.10. ERB STATE EMPLOYMENT RELATIONS BOARD

120810

General Revenue Fund	120811

GRF	125321		Operating Expenses		$	3,761,457		$	3,761,457		120812
TOTAL GRF General Revenue Fund					$	3,761,457		$	3,761,457		120813

General Services Fund Group	120814

5720	125603	Training and Publications	$	85,000	$	85,000	120815
TOTAL GSF General Services							120816
Fund Group			$	85,000	$	85,000	120817
TOTAL ALL BUDGET FUND GROUPS			$	3,846,457	$	3,846,457	120818

Section 273.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

120820

General Services Fund Group	120821

4K90	892609	Operating	$	996,938	$	993,889	120822
TOTAL GSF General Services							120823
Fund Group			$	996,938	$	993,889	120824
TOTAL ALL BUDGET FUND GROUPS			$	996,938	$	993,889	120825

Section 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

120827

General Revenue Fund	120828

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		120829
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		120830

General Services Fund Group	120831

1990	715602	Laboratory Services	$	252,153	$	326,029	120832
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	120833
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	120834
4D50	715618	Recycled State Materials	$	50,000	$	50,000	120835
TOTAL GSF General Services							120836
Fund Group			$	13,157,833	$	13,233,709	120837

Federal Special Revenue Fund Group	120838

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	120839
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	120840
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	120841
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	120842
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	120843
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	120844
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	120845
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	120846
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	10,000,000	120847
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	120848
3V70	715606	Agencywide Grants	$	600,000	$	600,000	120849
TOTAL FED Federal Special Revenue							120850
Fund Group			$	46,531,800	$	46,016,675	120851

State Special Revenue Fund Group	120852

4J00	715638	Underground Injection Control	$	389,126	$	402,697	120853
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	120854
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	120855
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	120856
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	120857
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	120858
4P50	715654	Cozart Landfill	$	100,000	$	100,000	120859
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	120860
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	120861
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	120862
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	120863
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	120864
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	120865
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	120866
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	120867
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	120868
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	120869
5420	715671	Risk Management Reporting	$	208,936	$	214,826	120870
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	120871
5BC0	715617	Clean Ohio	$	611,455	$	611,455	120872
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	120873
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	120874
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	120875
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	120876
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	120877
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	120878
5BC0	715678	Corrective Actions	$	705,423	$	705,423	120879
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	120880
5BC0	715692	Administration	$	10,582,627	$	10,582,627	120881
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	120882
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	120883
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	120884
5H40	715664	Groundwater Support	$	128,212	$	223,212	120885
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	120886
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	120887
6600	715629	Infectious Waste Management	$	88,764	$	88,764	120888
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	120889
6780	715635	Air Toxic Release	$	133,636	$	133,636	120890
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	120891
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	120892
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	120893
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	120894
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	120895

Clean Ohio Conservation Fund Group	120896

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	120897
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	120898
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	205,756,723	120899

AREAWIDE PLANNING AGENCIES

120900

The Director of Environmental Protection Agency may award	120901
grants from appropriation item 715687, Areawide Planning Agencies,	120902
to areawide planning agencies engaged in areawide water quality	120903
management and planning activities in accordance with Section 208	120904
of the "Federal Clean Water Act," 33 U.S.C. 1288.	120905

CASH TRANSFERS

120906

On July 1, 2013, or as soon as possible thereafter, the	120907
Director of Budget and Management may transfer up to $11,400,000	120908
cash from the Hazardous Waste Management Fund (Fund 5030) to the	120909
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	120910
corrective action programs that were transferred to the Division	120911
of Environmental Response and Revitalization.	120912

On July 1, 2013, or as soon as possible thereafter, the	120913
Director of Environmental Protection shall certify to the Director	120914
of Budget and Management the cash balance in the Dredge and Fill	120915
Fund (Fund 5N20). The Director of Budget and Management shall	120916
transfer the certified amount from Fund 5N20 to the Surface Water	120917
Protection Fund (Fund 4K40). Any existing encumbrances against	120918
appropriation item 715613, Dredge and Fill, shall be canceled and	120919
reestablished against appropriation item 715650, Surface Water	120920
Protection. The reestablished encumbrance amounts are hereby	120921
appropriated and Fund 5N20 is abolished.	120922

Section 277.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

120923

General Revenue Fund	120924

GRF	172321	Operating Expenses	$	545,530	$	545,530	120925
TOTAL GRF General Revenue Fund			$	545,530	$	545,530	120926
TOTAL ALL BUDGET FUND GROUPS			$	545,530	$	545,530	120927

Section 279.10. ETH OHIO ETHICS COMMISSION

120929

General Revenue Fund	120930

GRF	146321		Operating Expenses		$	1,409,751		$	1,381,556		120931
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,381,556		120932

General Services Fund Group	120933

4M60	146601	Operating Expenses	$	636,388	$	641,000	120934
TOTAL GSF General Services							120935
Fund Group			$	636,388	$	641,000	120936
TOTAL ALL BUDGET FUND GROUPS			$	2,046,139	$	2,022,556	120937

Section 281.10. EXP OHIO EXPOSITIONS COMMISSION

120939

General Revenue Fund	120940

GRF	723403		Junior Fair Subsidy		$	250,000		$	250,000		120941
TOTAL GRF General Revenue Fund					$	250,000		$	250,000		120942

State Special Revenue Fund Group	120943

4N20	723602	Ohio State Fair Harness Racing	$	235,000	$	235,000	120944
5060	723601	Operating Expenses	$	12,894,000	$	12,894,000	120945
TOTAL SSR State Special Revenue							120946
Fund Group			$	13,129,000	$	13,129,000	120947
TOTAL ALL BUDGET FUND GROUPS			$	13,379,000	$	13,379,000	120948

STATE FAIR RESERVE

120949

The General Manager of the Expositions Commission, in	120950
consultation with the Director of Budget and Management, may	120951
submit a request to the Controlling Board to use available amounts	120952
in the State Fair Reserve Fund (Fund 6400) if revenues for the	120953
Ohio State Fair for the 2013 or 2014 Ohio State Fair are	120954
unexpectedly low.	120955

Section 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

120956

General Revenue Fund	120957

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	120958
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	120959
GRF	230908	Common Schools General Obligation Debt Service	$	351,806,100	$	377,364,700	120960
TOTAL GRF General Revenue Fund			$	387,408,251	$	409,464,951	120961

General Services Fund Group	120962

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		120963
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		120964

State Special Revenue Fund Group	120965

4T80	230603	Community Project Administration	$	200,000	$	200,000	120966
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	120967
TOTAL SSR State Special Revenue							120968
Fund Group			$	8,750,000	$	8,750,000	120969
TOTAL ALL BUDGET FUND GROUPS			$	405,621,593	$	427,678,293	120970

Section 282.20. LEASE RENTAL PAYMENTS

120972

The foregoing appropriation item 230401, Lease Rental	120973
Payments - Cultural Facilities, shall be used to meet all payments	120974
at the times they are required to be made during the period from	120975
July 1, 2013 through June 30, 2015, from the Ohio Facilities	120976
Construction Commission under the primary leases and agreements	120977
for those arts and sports facilities made under Chapters 152. and	120978
154. of the Revised Code. These appropriations are the source of	120979
funds pledged for bond service charges on related obligations	120980
issued under Chapters 152. and 154. of the Revised Code.	120981

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

120982

The foregoing appropriation item 230908, Common Schools	120983
General Obligation Debt Service, shall be used to pay all debt	120984
service and related financing costs at the times they are required	120985
to be made during the period from July 1, 2013, through June 30,	120986
2015, for obligations issued under sections 151.01 and 151.03 of	120987
the Revised Code.	120988

Section 282.30. COMMUNITY PROJECT ADMINISTRATION

120989

The foregoing appropriation item 230603, Community Project	120990
Administration, shall be used by the Ohio Facilities Construction	120991
Commission in administering Cultural and Sports Facilities	120992
Building Fund (Fund 7030) projects pursuant to section 123.201 of	120993
the Revised Code.	120994

Section 282.40. OPERATING EXPENSES

120995

The foregoing appropriation item 230644, Operating Expenses,	120996
shall be used by the Ohio School Facilities Commission to carry	120997
out its responsibilities under this section and Chapter 3318. of	120998
the Revised Code.	120999

In both fiscal years 2014 and 2015, the Executive Director of	121000
the Ohio School Facilities Commission shall certify on a quarterly	121001
basis to the Director of Budget and Management the amount of cash	121002
from interest earnings to be transferred from the School Building	121003
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	121004
7021), and the Educational Facilities Trust Fund (Fund N087) to	121005
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	121006
transferred from the School Building Assistance Fund (Fund 7032)	121007
may not exceed investment earnings credited to the fund, less any	121008
amount required to be paid for federal arbitrage rebate purposes.	121009

If the Executive Director of the Ohio Facilities Construction	121010
Commission determines that transferring cash from interest	121011
earnings is insufficient to support operations and carry out its	121012
responsibilities under this section and Chapter 3318. of the	121013
Revised Code, the Commission may, with the approval of the	121014
Controlling Board, transfer cash not generated from interest from	121015
the Public School Building Fund (Fund 7021) and the Educational	121016
Trust Fund (Fund N087) to the Ohio School Facilities Commission	121017
Fund (Fund 5E30).	121018

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

121019

At the request of the Executive Director of the Ohio School	121020
Facilities Commission, the Director of Budget and Management may	121021
cancel encumbrances for school district projects from a previous	121022
biennium if the district has not raised its local share of project	121023
costs within thirteen months of receiving Controlling Board	121024
approval under section 3318.05 or 3318.41 of the Revised Code. The	121025
Executive Director of the Ohio School Facilities Commission shall	121026
certify the amounts of the canceled encumbrances to the Director	121027
of Budget and Management on a quarterly basis. The amounts of the	121028
canceled encumbrances are hereby appropriated.	121029

Section 282.50. CAPITAL DONATIONS FUND CERTIFICATIONS AND	121030
APPROPRIATIONS	121031

The Executive Director of the Facilities Construction	121032
Commission shall certify to the Director of Budget and Management	121033
the amount of cash receipts and related investment income,	121034
irrevocable letters of credit from a bank, or certification of the	121035
availability of funds that have been received from a county or a	121036
municipal corporation for deposit into the Capital Donations Fund	121037
(Fund 5A10) and that are related to an anticipated project. These	121038
amounts are hereby appropriated to appropriation item C37146,	121039
Capital Donations. Prior to certifying these amounts to the	121040
Director, the Executive Director shall make a written agreement	121041
with the participating entity on the necessary cash flows required	121042
for the anticipated construction or equipment acquisition project.	121043

Section 282.60. AMENDMENT TO PROJECT AGREEMENT FOR	121044
MAINTENANCE LEVY	121045

The Ohio School Facilities Commission shall amend the project	121046
agreement between the Commission and a school district that is	121047
participating in the Accelerated Urban School Building Assistance	121048
Program on the effective date of this section, if the Commission	121049
determines that it is necessary to do so in order to comply with	121050
division (B)(3)(c) of section 3318.38 of the Revised Code.	121051

Section 282.70. Notwithstanding any other provision of law to	121052
the contrary, the Ohio School Facilities Commission may determine	121053
the amount of funding available for disbursement in a given fiscal	121054
year for any project approved under sections 3318.01 to 3318.20 of	121055
the Revised Code in order to keep aggregate state capital spending	121056
within approved limits and may take actions including, but not	121057
limited to, determining the schedule for design or bidding of	121058
approved projects, to ensure appropriate and supportable cash	121059
flow.	121060

Section 282.80. Notwithstanding division (B) of section	121061
3318.40 of the Revised Code, the Ohio School Facilities Commission	121062
may provide assistance to at least one joint vocational school	121063
district each fiscal year for the acquisition of classroom	121064
facilities in accordance with sections 3318.40 to 3318.45 of the	121065
Revised Code.	121066

Section 282.90. The Ohio Cultural Facilities Commission is	121067
abolished. Except as otherwise provided in this section, all	121068
obligations of the Ohio Cultural Facilities Commission under	121069
agreements to which the Ohio Cultural Facilities Commission is a	121070
party, and all records and assets of the Ohio Cultural Facilities	121071
Commission, including, without limitation, equipment, inventory,	121072
contract rights, accounts, and general intangibles, are	121073
transferred to the Ohio Facilities Construction Commission.	121074

The Ohio Facilities Construction Commission shall designate	121075
the positions, if any, to be transferred to the Ohio Facilities	121076
Construction Commission, along with any equipment assigned to	121077
those positions. Any employee transferred to the Ohio Facilities	121078
Construction Commission retains the employee's respective	121079
classification, but the Ohio Facilities Construction Commission	121080
may reassign and reclassify the employee's position and	121081
compensation as the Ohio Facilities Construction Commission	121082
determines to be in the best interest of office administration.	121083

The Ohio Facilities Construction Commission shall complete	121084
any activities related to the design, planning, construction, and	121085
related management functions commenced but not completed by the	121086
Ohio Cultural Facilities Commission in the same manner and with	121087
the same effect as if the Ohio Cultural Facilities Commission had	121088
completed them. The consolidation of the commissions shall not	121089
cause the loss or impairment of any validation, cure, right,	121090
privilege, remedy, obligation, or liability, which the Ohio	121091
Facilities Construction Commission shall administer.	121092

All rules, orders, and determinations related to the design,	121093
planning, and construction and related management functions of the	121094
Ohio Cultural Facilities Commission continue in effect as rules,	121095
orders, and determinations of the Ohio Facilities Construction	121096
Commission until the Ohio Facilities Construction Commission	121097
modifies or rescinds them. The Director of the Legislative Service	121098
Commission shall renumber the rules of the Ohio Cultural	121099
Facilities Commission related to that commission's design,	121100
planning, and construction and related management functions to	121101
reflect their transfer to the Ohio Facilities Construction	121102
Commission.	121103

The transfer of functions from the Ohio Cultural Facilities	121104
Commission to the Ohio Facilities Construction Commission does not	121105
affect any pending judicial or administrative action or proceeding	121106
to which the Ohio Cultural Facilities Commission is a party and	121107
that is related to that commission's design, planning,	121108
construction, capital funding, or related management functions.	121109
Any such action or proceeding shall be prosecuted or defended in	121110
the name of the Ohio Facilities Construction Commission. On	121111
application to the court or agency, the Ohio Facilities	121112
Construction Commission shall be substituted for the Ohio Cultural	121113
Facilities Commission as a party to the action or proceeding.	121114

Effective July 1, 2013, the Director of Budget and Management	121115
shall cancel any existing encumbrances against appropriation item	121116
371603, Project Administration, and re-establish them against	121117
appropriation item 230603, Community Project Administration. The	121118
re-established encumbrance amounts are hereby appropriated. Any	121119
business commenced but not completed under appropriation item	121120
371603 by July 1, 2013, shall be completed under appropriation	121121
item 230603 in the same manner and with the same effect as if it	121122
were completed with regard to appropriation item 371603.	121123

Ticket receipts collected as part of a management contract	121124
for the Riffe Theatres, which previously were deposited in the	121125
Ohio Cultural Facilities Commission Administration Fund (Fund	121126
4T80), shall be credited to the Theater Equipment Maintenance Fund	121127
(Fund 5MV0), which is hereby created in the State Treasury. The	121128
Director of Budget and Management shall transfer from the Ohio	121129
Cultural Facilities Commission Administration Fund to the Theater	121130
Equipment Maintenance Fund any remaining cash balances from ticket	121131
receipts collected as part of a management contract for the Riffe	121132
Theatres. In order to facilitate this transfer, the Executive	121133
Director of the Ohio Facilities Construction Commission, by July	121134
1, 2013, or as soon as possible thereafter, shall certify to the	121135
Director of Budget and Management an estimate of the amount to be	121136
transferred. The Department of Adminstrative Services shall use	121137
appropriation item 100662, Theatre Equipment Maintenance, to spend	121138
cash in the Theatre Equipment Maintenance Fund (Fund 5MV0).	121139

The Ohio Facilities Construction Commission and the	121140
Department of Administrative Services shall enter into an	121141
interagency agreement to transfer to the Department of	121142
Administrative Services the management of the cultural facilities	121143
currently managed by the Ohio Cultural Facilities Commission and	121144
any necessary equipment, assets, and records by July 1, 2013, or	121145
as soon as possible thereafter.	121146

Any reference to the Ohio Cultural Facilities Commission in	121147
any statute, rule, contract, grant, or other document is deemed to	121148
refer to the Ohio Facilities Construction Commission.	121149

The Ohio Facilities Construction Commission, the Ohio Public	121150
Facilities Commission, and the issuing authority of any	121151
obligations issued for the financing of capital facilities for	121152
Ohio cultural facilities and Ohio sports facilities may execute	121153
instruments, documents, and agreements and may take necessary or	121154
appropriate actions to effect the orderly transfer of those	121155
obligations from the Ohio Cultural Facilities Commission to the	121156
Ohio Facilities Construction Commission.	121157

This section takes effect July 1, 2013.

121158

Section 283.10. GOV OFFICE OF THE GOVERNOR

121159

General Revenue Fund	121160

GRF	040321		Operating Expenses		$	2,851,552		$	2,851,552		121161
TOTAL GRF General Revenue Fund					$	2,851,552		$	2,851,552		121162

General Services Fund Group	121163

5AK0	040607		Government Relations		$	365,149		$	365,149		121164
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		121165

TOTAL ALL BUDGET FUND GROUPS

3,216,701

121166

GOVERNMENT RELATIONS

121167

A portion of the foregoing appropriation item 040607,	121168
Government Relations, may be used to support Ohio's membership in	121169
national or regional associations.	121170

The Office of the Governor may charge any state agency of the	121171
executive branch using an intrastate transfer voucher such amounts	121172
necessary to defray the costs incurred for the conduct of	121173
governmental relations associated with issues that can be	121174
attributed to the agency. Amounts collected shall be deposited in	121175
the Government Relations Fund (Fund 5AK0).	121176

Section 285.10. DOH DEPARTMENT OF HEALTH

121177

General Revenue Fund	121178

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	121179
GRF	440413	Local Health Departments	$	823,061	$	823,061	121180
GRF	440416	Mothers and Children Safety Net Services	$	4,228,015	$	4,228,015	121181
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	121182
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	121183
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	121184
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	121185
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	121186
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	121187
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	121188
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	121189
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	121190
GRF	440467	Access to Dental Care	$	540,484	$	540,484	121191
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	121192
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	121193
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	121194
GRF	440474	Infant Mortality	$	3,116,688	$	3,116,688	121195
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	121196
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	121197
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	121198
TOTAL GRF General Revenue Fund			$	85,720,926	$	85,720,926	121199

State Highway Safety Fund Group	121200

4T40	440603	Child Highway Safety	$	233,894	$	233,894	121201
TOTAL HSF State Highway Safety							121202
Fund Group			$	233,894	$	233,894	121203

General Services Fund Group	121204

1420	440646	Agency Health Services	$	820,998	$	820,998	121205
2110	440613	Central Support Indirect Costs	$	30,615,591	$	31,052,469	121206
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	121207
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	121208
6980	440634	Nurse Aide Training	$	99,265	$	99,265	121209
TOTAL GSF General Services							121210
Fund Group			$	37,635,854	$	38,072,732	121211

Federal Special Revenue Fund Group	121212

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	121213
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	121214
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	121215
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	121216
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	121217
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	121218
TOTAL FED Federal Special Revenue							121219
Fund Group			$	455,010,657	$	457,383,142	121220

State Special Revenue Fund Group	121221

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	121222
4710	440619	Certificate of Need	$	878,433	$	878,433	121223
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	121224
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	121225
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	121226
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	121227
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	121228
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	121229
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	121230
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	121231
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	121232
5CN0	440645	Choose Life	$	75,000	$	75,000	121233
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	121234
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	121235
5G40	440639	Adoption Services	$	20,000	$	20,000	121236
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	121237
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	121238
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	121239
TOTAL SSR State Special Revenue							121240
Fund Group			$	68,601,542	$	68,946,022	121241

Holding Account Redistribution Fund Group	121242

R014	440631	Vital Statistics	$	44,986	$	44,986	121243
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	121244
TOTAL 090 Holding Account							121245
Redistribution Fund Group			$	64,986	$	64,986	121246

Tobacco Master Settlement Agreement Fund Group	121247

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	1,450,000	121248
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	1,450,000	121249
TOTAL ALL BUDGET FUND GROUPS			$	648,717,859	$	651,871,702	121250

Section 285.20. HIV/AIDS PREVENTION/TREATMENT

121252

The foregoing appropriation item 440444, AIDS Prevention and	121253
Treatment, shall be used to assist persons with HIV/AIDS in	121254
acquiring HIV-related medications and to administer educational	121255
prevention initiatives.	121256

PUBLIC HEALTH LABORATORY

121257

A portion of the foregoing appropriation item 440451, Public	121258
Health Laboratory, shall be used for coordination and management	121259
of prevention program operations and the purchase of drugs for	121260
sexually transmitted diseases.	121261

HELP ME GROW

121262

The foregoing appropriation item 440459, Help Me Grow, shall	121263
be used by the Department of Health to implement the Help Me Grow	121264
Program. Funds shall be distributed to counties through	121265
agreements, contracts, grants, or subsidies in accordance with	121266
section 3701.61 of the Revised Code. Appropriation item 440459,	121267
Help Me Grow, may be used in conjunction with other early	121268
childhood funds and services to promote the optimal development of	121269
young children and family-centered programs and services that	121270
acknowledge and support the social, emotional, cognitive,	121271
intellectual, and physical development of children and the vital	121272
role of families in ensuring the well-being and success of	121273
children. The Department of Health shall enter into interagency	121274
agreements with the Department of Education, Department of	121275
Developmental Disabilities, Department of Job and Family Services,	121276
and Department of Mental Health and Addiction Services to ensure	121277
that all early childhood programs and initiatives are coordinated	121278
and school linked.	121279

The foregoing appropriation item 440459, Help Me Grow, may	121280
also be used for the Developmental Autism and Screening Program.	121281

INFANT MORTALITY

121282

The foregoing appropriation item 440474, Infant Mortality,	121283
shall be used to fund the following projects, which are hereby	121284
created:	121285

(A) The Infant Safe Sleep Campaign to educate parents and	121286
caregivers with a uniform message regarding safe sleep	121287
environments;	121288

(B) The Progesterone Prematurity Prevention Project to enable	121289
prenatal care providers to identify, screen, treat, and track	121290
outcomes for women eligible for progesterone supplementation; and	121291

(C) The Prenatal Smoking Cessation Project to enable prenatal	121292
care providers who work with women of reproductive age, including	121293
pregnant women, to have the tools, training, and technical	121294
assistance needed to treat smokers effectively.	121295

TARGETED HEALTH CARE SERVICES OVER 21

121296

The foregoing appropriation item 440507, Targeted Health Care	121297
Services Over 21, shall be used to administer the Cystic Fibrosis	121298
Program and to implement the Hemophilia Insurance Premium Payment	121299
Program.	121300

The foregoing appropriation item 440507, Targeted Health Care	121301
Services Over 21, shall also be used to provide essential	121302
medications and to pay the copayments for drugs approved by the	121303
Department of Health and covered by Medicare Part D that are	121304
dispensed to Bureau for Children with Medical Handicaps (BCMH)	121305
participants for the Cystic Fibrosis Program.	121306

The Department shall expend all of these funds.

121307

GENETICS SERVICES

121308

The foregoing appropriation item 440608, Genetics Services	121309
(Fund 4D60), shall be used by the Department of Health to	121310
administer programs authorized by sections 3701.501 and 3701.502	121311
of the Revised Code. None of these funds shall be used to counsel	121312
or refer for abortion, except in the case of a medical emergency.	121313

MEDICALLY HANDICAPPED CHILDREN AUDIT

121314

The Medically Handicapped Children Audit Fund (Fund 4770)	121315
shall receive revenue from audits of hospitals and recoveries from	121316
third-party payers. Moneys may be expended for payment of audit	121317
settlements and for costs directly related to obtaining recoveries	121318
from third-party payers and for encouraging Medically Handicapped	121319
Children's Program recipients to apply for third-party benefits.	121320
Moneys also may be expended for payments for diagnostic and	121321
treatment services on behalf of medically handicapped children, as	121322
defined in division (A) of section 3701.022 of the Revised Code,	121323
and Ohio residents who are twenty-one or more years of age and who	121324
are suffering from cystic fibrosis or hemophilia. Moneys may also	121325
be expended for administrative expenses incurred in operating the	121326
Medically Handicapped Children's Program.	121327

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

121328

The foregoing appropriation item 440607, Medically	121329
Handicapped Children - County Assessments (Fund 6660), shall be	121330
used to make payments under division (E) of section 3701.023 of	121331
the Revised Code.	121332

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	121333
THE TOBACCO USE PREVENTION FUND	121334

On July 1, 2013, or as soon as possible thereafter, the	121335
Director of Budget and Management shall transfer $2,439,230 cash	121336
from the Public Health Priorities Trust Fund (Fund L087) to the	121337
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	121338
needs of the Department of Health's tobacco enforcement and	121339
cessation efforts.	121340

Section 285.30. DEPARTMENT OF HEALTH'S APPROPRIATION ITEM	121341
STRUCTURE	121342

Upon request from the Director of Health, the Director of	121343
Budget and Management may establish new funds, new appropriation	121344
items, and appropriations in order to support the transition to a	121345
new appropriation item structure in the Department of Health's	121346
budget. Any appropriations established by the Director of Budget	121347
and Management under this section are hereby appropriated. Also,	121348
upon request of the Director of Health, the Director of Budget and	121349
Management may transfer appropriations between GRF appropriation	121350
items, transfer cash between any funds used by the Department of	121351
Health, abolish existing funds used by the Department of Health,	121352
and cancel and reestablish encumbrances.	121353

Section 287.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

121354

Agency Fund Group	121355

4610	372601	Operating Expenses	$	12,500	$	12,500	121356
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	121357
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	121358

Section 289.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

121360

General Revenue Fund	121361

GRF	148100	Personal Services	$	279,998	$	279,998	121362
GRF	148402	Community Programs	$	44,924	$	44,924	121363
TOTAL GRF General Revenue Fund			$	324,922	$	324,922	121364

General Services Fund Group	121365

6010	148602	Special Initiatives	$	24,558	$	24,558	121366
TOTAL GSF General Services							121367
Fund Group			$	24,558	$	24,558	121368
TOTAL ALL BUDGET FUND GROUPS			$	349,480	$	349,480	121369

Section 291.10. OHS OHIO HISTORICAL SOCIETY

121371

General Revenue Fund	121372

GRF	360501	Education and Collections	$	2,368,997	$	2,368,997	121373
GRF	360502	Site and Museum Operations	$	4,426,288	$	4,926,288	121374
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	121375
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	121376
GRF	360506	Hayes Presidential Center	$	281,043	$	281,043	121377
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	121378
TOTAL GRF General Revenue Fund			$	7,871,521	$	8,371,521	121379

Agency Fund Group	121380

5KL0	360602	Ohio History Tax Check-off	$	250,000	$	250,000	121381
TOTAL AGY Agency Fund Group			$	250,000	$	250,000	121382
TOTAL ALL BUDGET FUND GROUPS			$	8,121,521	$	8,621,521	121383

SUBSIDY APPROPRIATION

121384

Upon approval by the Director of Budget and Management, the	121385
foregoing appropriation items shall be released to the Ohio	121386
Historical Society in quarterly amounts that in total do not	121387
exceed the annual appropriations. The funds and fiscal records of	121388
the society for fiscal year 2014 and fiscal year 2015 shall be	121389
examined by independent certified public accountants approved by	121390
the Auditor of State, and a copy of the audited financial	121391
statements shall be filed with the Office of Budget and	121392
Management. The society shall prepare and submit to the Office of	121393
Budget and Management the following:	121394

(A) An estimated operating budget for each fiscal year of the	121395
biennium. The operating budget shall be submitted at or near the	121396
beginning of each calendar year.	121397

(B) Financial reports, indicating actual receipts and	121398
expenditures for the fiscal year to date. These reports shall be	121399
filed at least semiannually during the fiscal biennium.	121400

The foregoing appropriations shall be considered to be the	121401
contractual consideration provided by the state to support the	121402
state's offer to contract with the Ohio Historical Society under	121403
section 149.30 of the Revised Code.	121404

Section 293.10. REP OHIO HOUSE OF REPRESENTATIVES

121405

General Revenue Fund	121406

GRF	025321		Operating Expenses		$	21,031,091		$	21,031,091		121407
TOTAL GRF General Revenue Fund					$	21,031,091		$	21,031,091		121408

General Services Fund Group	121409

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	121410
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	121411
TOTAL GSF General Services							121412
Fund Group			$	1,471,513	$	1,471,513	121413
TOTAL ALL BUDGET FUND GROUPS			$	22,502,604	$	22,502,604	121414

OPERATING EXPENSES

121415

On July 1, 2013, or as soon as possible thereafter, the Chief	121416
Administrative Officer of the House of Representatives may certify	121417
to the Director of Budget and Management the amount of the	121418
unexpended, unencumbered balance of the foregoing appropriation	121419
item 025321, Operating Expenses, at the end of fiscal year 2013 to	121420
be reappropriated to fiscal year 2014. The amount certified is	121421
hereby reappropriated to the same appropriation item for fiscal	121422
year 2014.	121423

On July 1, 2014, or as soon as possible thereafter, the Chief	121424
Administrative Officer of the House of Representatives may certify	121425
to the Director of Budget and Management the amount of the	121426
unexpended, unencumbered balance of the foregoing appropriation	121427
item 025321, Operating Expenses, at the end of fiscal year 2014 to	121428
be reappropriated to fiscal year 2015. The amount certified is	121429
hereby reappropriated to the same appropriation item for fiscal	121430
year 2015.	121431

HOUSE REIMBURSEMENT

121432

If it is determined by the Chief Administrative Officer of	121433
the House of Representatives that additional appropriations are	121434
necessary for the foregoing appropriation item 025601, House	121435
Reimbursement, the amounts are hereby appropriated.	121436

Section 295.10. HFA OHIO HOUSING FINANCE AGENCY

121437

State Special Revenue Fund Group	121438

5AZ0	997601	Housing Finance Agency Personal Services	$	12,156,982	$	12,156,982	121439
TOTAL SSR State Special Revenue Fund Group			$	12,156,982	$	12,156,982	121440
TOTAL ALL BUDGET FUND GROUPS			$	12,156,982	$	12,156,982	121441

Section 297.10. IGO OFFICE OF THE INSPECTOR GENERAL

121443

General Revenue Fund	121444

GRF	965321	Operating Expenses	$	1,175,598	$	1,175,598	121445
GRF	965404	Deputy Inspector General for ARRA	$	475,000	$	350,000	121446
TOTAL GRF General Revenue Fund			$	1,650,598	$	1,525,598	121447

General Services Fund Group	121448

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	121449
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	121450
5GI0	965605	Deputy Inspector General for ARRA	$	25,000	$	0	121451
TOTAL GSF General Services Fund Group			$	850,000	$	825,000	121452
TOTAL ALL BUDGET FUND GROUPS			$	2,500,598	$	2,350,598	121453

Section 299.10. INS DEPARTMENT OF INSURANCE

121455

Federal Special Revenue Fund Group	121456

3EV0	820610	Health Insurance Premium Review	$	1,300,000	$	1,300,000	121457
3U50	820602	OSHIIP Operating Grant	$	1,970,725	$	1,970,725	121458
TOTAL FED Federal Special							121459
Revenue Fund Group			$	3,270,725	$	3,270,725	121460

State Special Revenue Fund Group	121461

5540	820601	Operating Expenses - OSHIIP	$	180,000	$	180,000	121462
5540	820606	Operating Expenses	$	27,570,433	$	24,910,367	121463
5550	820605	Examination	$	8,184,065	$	8,184,065	121464
TOTAL SSR State Special Revenue							121465
Fund Group			$	35,934,498	$	33,274,432	121466
TOTAL ALL BUDGET FUND GROUPS			$	39,205,223	$	36,545,157	121467

MARKET CONDUCT EXAMINATION

121468

When conducting a market conduct examination of any insurer	121469
doing business in this state, the Superintendent of Insurance may	121470
assess the costs of the examination against the insurer. The	121471
superintendent may enter into consent agreements to impose	121472
administrative assessments or fines for conduct discovered that	121473
may be violations of statutes or rules administered by the	121474
superintendent. All costs, assessments, or fines collected shall	121475
be deposited to the credit of the Department of Insurance	121476
Operating Fund (Fund 5540).	121477

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

121478

The Director of Budget and Management, at the request of the	121479
Superintendent of Insurance, may transfer funds from the	121480
Department of Insurance Operating Fund (Fund 5540), established by	121481
section 3901.021 of the Revised Code, to the Superintendent's	121482
Examination Fund (Fund 5550), established by section 3901.071 of	121483
the Revised Code, only for expenses incurred in examining domestic	121484
fraternal benefit societies as required by section 3921.28 of the	121485
Revised Code.	121486

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

121487

Not later than the thirty-first day of July each fiscal year,	121488
the Director of Budget and Management shall transfer $5,000,000	121489
from the Department of Insurance Operating Fund (Fund 5540) to the	121490
General Revenue Fund.	121491

Section 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

121492

General Revenue Fund	121493

GRF	600321	Program Support	$	31,320,964	$	31,109,751	121494
GRF	600410	TANF State/Maintenance of Effort	$	151,386,934	$	151,386,934	121495
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	121496
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	121497
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	121498
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	121499
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	121500
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	121501
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	121502
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	121503
GRF	600523	Family and Children Services	$	54,105,323	$	54,105,323	121504
GRF	600528	Adoption Services					121505
		State	$	28,623,389	$	28,623,389	121506
		Federal	$	38,202,557	$	38,202,557	121507
		Adoption Services Total	$	66,825,946	$	66,825,946	121508
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	121509
GRF	600534	Adult Protective Services	$	366,003	$	366,003	121510
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	121511
GRF	600540	Food Banks	$	4,000,000	$	4,000,000	121512
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	121513
GRF	655522	Medicaid Program Support - Local	$	31,067,970	$	31,067,970	121514
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	121515
TOTAL GRF General Revenue Fund							121516
		State	$	714,096,118	$	714,096,118	121517
		Federal	$	38,202,557	$	38,202,557	121518
		GRF Total	$	752,298,675	$	752,298,675	121519

General Services Fund Group	121520

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	121521
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	121522
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	121523
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	121524
6130	600645	Training Activities	$	100,000	$	92,989	121525
TOTAL GSF General Services							121526
Fund Group			$	116,780,339	$	116,773,328	121527

Federal Special Revenue Fund Group	121528

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	121529
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	121530
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	121531
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	121532
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	121533
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	121534
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	121535
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	121536
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	121537
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	121538
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	121539
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	121540
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	121541
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	121542
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	121543
3S50	600622	Child Support Projects	$	534,050	$	534,050	121544
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	121545
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	121546
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	121547
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	121548
TOTAL FED Federal Special Revenue							121549
Fund Group			$	2,526,972,581	$	2,490,592,049	121550

State Special Revenue Fund Group	121551

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	121552
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	9,006,000	121553
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	121554
4F10	600609	Family and Children Activities	$	683,549	$	683,549	121555
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	121556
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	121557
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	121558
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	121559
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	121560
TOTAL SSR State Special Revenue							121561
Fund Group			$	24,963,397	$	24,963,397	121562

Agency Fund Group	121563

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	121564
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	121565
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	121566
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	121567

Holding Account Redistribution Fund Group	121568

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	121569
R013	600644	Forgery Collections	$	10,000	$	10,000	121570
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	121571
TOTAL ALL BUDGET FUND GROUPS			$	3,567,474,992	$	3,531,087,449	121572

Section 301.20. TRANSFER TO STATE AND COUNTY SHARED SERVICES	121574
FUND	121575

Within thirty days of the effective date of this act, or as	121576
soon as possible thereafter, the Director of Budget and Management	121577
shall transfer the cash balance in the County Technologies Fund	121578
(Fund 5N10) to the State and County Shared Services Fund (Fund	121579
5HL0).	121580

Section 301.30. AGENCY AND HOLDING ACCOUNT REDISTRIBUTION	121581
FUND GROUPS	121582

The Agency Fund Group and Holding Account Redistribution Fund	121583
Group shall be used to hold revenues until the appropriate fund is	121584
determined or until the revenues are directed to the appropriate	121585
governmental agency other than the Department of Job and Family	121586
Services. If receipts credited to the Support Intercept – Federal	121587
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	121588
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	121589
Settlements Fund (Fund R012), or the Forgery Collections Fund	121590
(Fund R013) exceed the amounts appropriated from the fund, the	121591
Director of Job and Family Services may request the Director of	121592
Budget and Management to authorize expenditures from the fund in	121593
excess of the amounts appropriated. Upon the approval of the	121594
Director of Budget and Management, the additional amounts are	121595
hereby appropriated.	121596

Section 301.40. COUNTY ADMINISTRATIVE FUNDS

121597

The foregoing appropriation item 600521, Family Assistance -	121598
Local, may be provided to county departments of job and family	121599
services to administer food assistance and disability assistance	121600
programs.	121601

The foregoing appropriation item 655522, Medicaid Program	121602
Support - Local, may be provided to county departments of job and	121603
family services to administer the Medicaid program and the State	121604
Children's Health Insurance program.	121605

At the request of the Director of Job and Family Services,	121606
the Director of Budget and Management may transfer appropriations	121607
between appropriation item 600521, Family Assistance - Local, and	121608
appropriation item 655522, Medicaid Program Support - Local, in	121609
order to ensure county administrative funds are expended from the	121610
proper appropriation item.	121611

Section 301.50. FOOD STAMPS TRANSFER

121612

On July 1, 2013, or as soon as possible thereafter, the	121613
Director of Budget and Management may transfer up to $1,000,000	121614
cash from the Supplemental Nutrition Assistance Program Fund (Fund	121615
3840), to the Food Assistance Fund (Fund 5ES0).	121616

Section 301.60. NAME OF FOOD STAMP PROGRAM

121617

The Director of Job and Family Services is not required to	121618
amend rules regarding the Food Stamp Program to change the name of	121619
the program to the Supplemental Nutrition Assistance Program. The	121620
Director may refer to the program as the Food Stamp Program or the	121621
Food Assistance Program in rules and documents of the Department	121622
of Job and Family Services.	121623

Section 301.70. OHIO ASSOCIATION OF FOOD BANKS

121624

The foregoing appropriation item 600540, Food Banks, shall be	121625
used to provide funds to the Ohio Association of Food Banks to	121626
purchase and distribute food products.	121627

Notwithstanding section 5101.46 of the Revised Code and any	121628
other provision in this bill, in addition to funds designated for	121629
the Ohio Association of Food Banks in this section, in fiscal year	121630
2014 and fiscal year 2015, the Director of Job and Family Services	121631
shall provide assistance from eligible funds to the Ohio	121632
Association of Food Banks in an amount up to or equal to the	121633
assistance provided in state fiscal year 2013 from all funds used	121634
by the Department, except the General Revenue Fund.	121635

Eligible nonfederal expenditures made by member food banks of	121636
the Association shall be counted by the Department of Job and	121637
Family Services toward the TANF maintenance of effort requirements	121638
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	121639
shall enter into an agreement with the Ohio Association of Food	121640
Banks, in accordance with sections 5101.80 and 5101.801 of the	121641
Revised Code, to carry out the requirements under this section.	121642

Section 301.80. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

121643

The foregoing appropriation item 600658, Public Assistance	121644
Activities, shall be used by the Department of Job and Family	121645
Services to meet the TANF maintenance of effort requirements of 42	121646
U.S.C. 609(a)(7). When the state is assured that it will meet the	121647
maintenance of effort requirement, the Department of Job and	121648
Family Services may use funds from appropriation item 600658,	121649
Public Assistance Activities, to support public assistance	121650
activities.	121651

Section 301.90. GOVERNOR'S OFFICE OF FAITH-BASED AND	121652
COMMUNITY INITIATIVES	121653

Of the foregoing appropriation item 600689, TANF Block Grant,	121654
up to $6,540,000 in each fiscal year shall be used, in accordance	121655
with sections 5101.80 and 5101.801 of the Revised Code, to provide	121656
support to programs or organizations that provide services that	121657
align with the mission and goals of the Governor's Office of	121658
Faith-Based and Community Initiatives, as outlined in section	121659
107.12 of the Revised Code, and that further at least one of the	121660
four purposes of the TANF program, as specified in 42 U.S.C. 601.	121661

Section 301.100. INDEPENDENT LIVING INITIATIVE

121662

Of the foregoing appropriation item 600689, TANF Block Grant,	121663
up to $2,000,000 in each fiscal year shall be used, in accordance	121664
with sections 5101.80 and 5101.801 of the Revised Code, to support	121665
the Independent Living Initiative, including life skills training	121666
and work supports for older children in foster care and those who	121667
have recently aged out of foster care.	121668

Section 301.110. KINSHIP PERMANENCY INCENTIVE PROGRAM

121669

Of the foregoing appropriation item 600689, TANF Block Grant,	121670
$1,750,000 in each fiscal year shall be used to support the	121671
activities of the Kinship Permanency Incentive Program established	121672
in section 5101.802 of the Revised Code.	121673

Section 301.120. OHIO COMMISSION ON FATHERHOOD

121674

Of the foregoing appropriation item 600689, TANF Block Grant,	121675
$1,000,000 in each fiscal year shall be provided to the Ohio	121676
Commission on Fatherhood.	121677

Section 301.130. DIFFERENTIAL RESPONSE

121678

In accordance with an independent evaluation of the Ohio	121679
Alternative Response Pilot Program that recommended statewide	121680
implementation, the Department of Job and Family Services shall	121681
plan the statewide expansion of the Ohio Alternative Response	121682
Pilot Program on a county by county basis, through a schedule	121683
determined by the Department. The program shall be known as the	121684
"differential response" approach as defined in section 2151.011 of	121685
the Revised Code. Notwithstanding provisions of Chapter 2151. of	121686
the Revised Code that refer to "differential response,"	121687
"traditional response," and "alternative response," those	121688
provisions shall become effective on the scheduled date of	121689
expansion of the differential response approach to that county.	121690
Prior to statewide implementation, the Department may adopt rules	121691
in accordance with Chapter 119. of the Revised Code as necessary	121692
to carry out the purposes of this section.	121693

Section 301.140. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

121694

In collaboration with the county family and children first	121695
council, a county department of job and family services or public	121696
children services agency that receives an allocation from the	121697
Department of Job and Family Services from the foregoing	121698
appropriation item 600523, Children and Families Services, or	121699
600533, Child, Family, and Adult Community & Protective Services,	121700
may transfer a portion of either or both allocations to a flexible	121701
funding pool as authorized by the section of this act titled	121702
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	121703

Section 301.150. CHILD, FAMILY, AND ADULT COMMUNITY AND	121704
PROTECTIVE SERVICES	121705

(A) The foregoing appropriation item 600533, Child, Family,	121706
and Adult Community & Protective Services, shall be distributed to	121707
each county department of job and family services using the	121708
formula the Department of Job and Family Services uses when	121709
distributing Title XX funds to county departments of job and	121710
family services under section 5101.46 of the Revised Code. County	121711
departments shall use the funds distributed to them under this	121712
section as follows, in accordance with the written plan of	121713
cooperation entered into under section 307.983 of the Revised	121714
Code:	121715

(1) To assist individuals achieve or maintain	121716
self-sufficiency, including by reducing or preventing dependency	121717
among individuals with family income not exceeding two hundred per	121718
cent of the federal poverty guidelines;	121719

(2) Subject to division (B) of this section, to respond to	121720
reports of abuse, neglect, or exploitation of children and adults,	121721
including through the differential response approach program	121722
developed under Section 309.50.10 of this act;	121723

(3) To provide outreach and referral services regarding home	121724
and community-based services to individuals at risk of placement	121725
in a group home or institution, regardless of the individuals'	121726
family income and without need for a written application;	121727

(4) To provide outreach, referral, application assistance,	121728
and other services to assist individuals receive assistance,	121729
benefits, or services under Medicaid; Title IV-A programs, as	121730
defined in section 5101.80 of the Revised Code; the Supplemental	121731
Nutrition Assistance Program; and other public assistance	121732
programs.	121733

(B) Protective services may be provided to a child or adult	121734
as part of a response, under division (A)(2) of this section, to a	121735
report of abuse, neglect, or exploitation without regard to a	121736
child or adult's family income and without need for a written	121737
application. The protective services may be provided if the case	121738
record documents circumstances of actual or potential abuse,	121739
neglect, or exploitation.	121740

Section 301.160. CHILDREN AND FAMILY SERVICES ACTIVITIES

121741

The foregoing appropriation item 600609, Children and Family	121742
Services Activities, shall be used to expend miscellaneous	121743
foundation funds and grants to support children and family	121744
services activities.	121745

Section 301.170. ADOPTION ASSISTANCE LOAN

121746

Of the foregoing appropriation item 600634, Adoption	121747
Assistance Loan, the Department of Job and Family Services may use	121748
up to ten per cent for administration of adoption assistance loans	121749
pursuant to section 3107.018 of the Revised Code.	121750

Section 301.180. FEDERAL UNEMPLOYMENT PROGRAMS

121751

All unexpended funds remaining at the end of fiscal year 2013	121752
that were appropriated and made available to the state under	121753
section 903(d) of the Social Security Act, as amended, in the	121754
foregoing appropriation item 600678, Federal Unemployment Programs	121755
(Fund 3V40), are hereby appropriated to the Department of Job and	121756
Family Services. Upon the request of the Director of Job and	121757
Family Services, the Director of Budget and Management may	121758
increase the appropriation for fiscal year 2014 by the amount	121759
remaining unspent from the fiscal year 2013 appropriation and may	121760
increase the appropriation for fiscal year 2015 by the amount	121761
remaining unspent from the fiscal year 2014 appropriation. The	121762
appropriation shall be used under the direction of the Department	121763
of Job and Family Services to pay for administrative activities	121764
for the Unemployment Insurance Program, employment services, and	121765
other allowable expenditures under section 903(d) of the Social	121766
Security Act, as amended.	121767

The amounts obligated pursuant to this section shall not	121768
exceed at any time the amount by which the aggregate of the	121769
amounts transferred to the account of the state under section	121770
903(d) of the Social Security Act, as amended, exceeds the	121771
aggregate of the amounts obligated for administration and paid out	121772
for benefits and required by law to be charged against the amounts	121773
transferred to the account of the state.	121774

Section 301.190. UNEMPLOYMENT COMPENSATION INTEREST

121775

The foregoing appropriation item 600695, Unemployment	121776
Compensation Interest, shall be used for payment of interest costs	121777
paid to the United States Secretary of the Treasury for the	121778
repayment of accrued interest related to federal unemployment	121779
account borrowing.	121780

Section 303.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

121781

General Revenue Fund	121782

GRF	029321	Operating Expenses	$	455,858	$	456,376	121783
TOTAL GRF General Revenue Fund			$	455,858	$	456,376	121784
TOTAL ALL BUDGET FUND GROUPS			$	455,858	$	456,376	121785

OPERATING GUIDANCE

121786

The Chief Administrative Officer of the House of	121787
Representatives and the Clerk of the Senate shall determine, by	121788
mutual agreement, which of them shall act as fiscal agent for the	121789
Joint Committee on Agency Rule Review. Members of the Committee	121790
shall be paid in accordance with section 101.35 of the Revised	121791
Code.	121792

OPERATING EXPENSES

121793

On July 1, 2013, or as soon as possible thereafter, the	121794
Executive Director of the Joint Committee on Agency Rule Review	121795
may certify to the Director of Budget and Management the amount of	121796
the unexpended, unencumbered balance of the foregoing	121797
appropriation item 029321, Operating Expenses, at the end of	121798
fiscal year 2013 to be reappropriated to fiscal year 2014. The	121799
amount certified is hereby reappropriated to the same	121800
appropriation item for fiscal year 2014.	121801

On July 1, 2014, or as soon as possible thereafter, the	121802
Executive Director of the Joint Committee on Agency Rule Review	121803
may certify to the Director of Budget and Management the amount of	121804
the unexpended, unencumbered balance of the foregoing	121805
appropriation item 029321, Operating Expenses, at the end of	121806
fiscal year 2014 to be reappropriated to fiscal year 2015. The	121807
amount certified is hereby reappropriated to the same	121808
appropriation item for fiscal year 2015.	121809

Section 305.10. JCO JUDICIAL CONFERENCE OF OHIO

121810

General Revenue Fund	121811

GRF	018321		Operating Expenses		$	824,900		$	847,200		121812
TOTAL GRF General Revenue Fund					$	824,900		$	847,200		121813

General Services Fund Group	121814

4030	018601	Ohio Jury Instructions	$	385,000	$	385,000	121815
TOTAL GSF General Services Fund Group			$	385,000	$	385,000	121816
TOTAL ALL BUDGET FUND GROUPS			$	1,209,900	$	1,232,200	121817

STATE COUNCIL OF UNIFORM STATE LAWS

121818

Notwithstanding section 105.26 of the Revised Code, of the	121819
foregoing appropriation item 018321, Operating Expenses, up to	121820
$84,900 in fiscal year 2014 and up to $88,300 in fiscal year 2015	121821
shall be used to pay the expenses of the State Council of Uniform	121822
State Laws, including membership dues to the National Conference	121823
of Commissioners on Uniform State Laws.	121824

OHIO JURY INSTRUCTIONS FUND

121825

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	121826
grants, royalties, dues, conference fees, bequests, devises, and	121827
other gifts received for the purpose of supporting costs incurred	121828
by the Judicial Conference of Ohio in its activities as a part of	121829
the judicial system of the state as determined by the Judicial	121830
Conference Executive Committee. Fund 4030 shall be used by the	121831
Judicial Conference of Ohio to pay expenses incurred in its	121832
activities as a part of the judicial system of the state as	121833
determined by the Judicial Conference Executive Committee. All	121834
moneys accruing to Fund 4030 in excess of $385,000 in fiscal year	121835
2014 and in excess of $385,000 in fiscal year 2015 are hereby	121836
appropriated for the purposes authorized.	121837

No money in Fund 4030 shall be transferred to any other fund	121838
by the Director of Budget and Management or the Controlling Board.	121839

Section 307.10. JSC THE JUDICIARY/SUPREME COURT

121840

General Revenue Fund	121841

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	138,016,534	$	140,232,737	121842
GRF	005406	Law-Related Education	$	236,172	$	236,172	121843
GRF	005409	Ohio Courts Technology Initiative	$	3,350,000	$	3,350,000	121844
TOTAL GRF General Revenue Fund			$	141,602,706	$	143,818,909	121845

General Services Fund Group	121846

6720	005601		Continuing Judicial Education		$	101,392		$	93,563		121847
TOTAL GSF General Services Fund Group					$	101,392		$	93,563		121848

Federal Special Revenue Fund Group	121849

3J00	005603		Federal Grants		$	1,235,900		$	1,252,600		121850
TOTAL FED Federal Special Revenue Fund Group					$	1,235,900		$	1,252,600		121851

State Special Revenue Fund Group	121852

4C80	005605	Attorney Services	$	3,923,101	$	3,915,721	121853
5HT0	005617	Court Interpreter Certification	$	23,000	$	23,000	121854
5JY0	005620	County Law Library Resources Boards	$	258,000	$	258,000	121855
5T80	005609	Grants and Awards	$	25,000	$	25,000	121856
6A80	005606	Supreme Court Admissions	$	1,283,751	$	1,308,025	121857
TOTAL SSR State Special Revenue Fund Group			$	5,512,852	$	5,529,746	121858
TOTAL ALL BUDGET FUND GROUPS			$	148,452,850	$	150,694,818	121859

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

121860

Of the foregoing appropriation item 005321, Operating	121861
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	121862
year may be used to support the functions of the State Criminal	121863
Sentencing Council.	121864

LAW-RELATED EDUCATION

121865

The foregoing appropriation item 005406, Law-Related	121866
Education, shall be distributed directly to the Ohio Center for	121867
Law-Related Education for the purposes of providing continuing	121868
citizenship education activities to primary and secondary	121869
students, expanding delinquency prevention programs, increasing	121870
activities for at-risk youth, and accessing additional public and	121871
private money for new programs.	121872

OHIO COURTS TECHNOLOGY INITIATIVE

121873

The foregoing appropriation item 005409, Ohio Courts	121874
Technology Initiative, shall be used to fund an initiative by the	121875
Supreme Court to facilitate the exchange of information and	121876
warehousing of data by and between Ohio courts and other justice	121877
system partners through the creation of an Ohio Courts Network,	121878
the delivery of technology services to courts throughout the	121879
state, including the provision of hardware, software, and the	121880
development and implementation of educational and training	121881
programs for judges and court personnel, and operation of the	121882
Commission on Technology and the Courts by the Supreme Court for	121883
the promulgation of statewide rules, policies, and uniform	121884
standards, and to aid in the orderly adoption and comprehensive	121885
use of technology in Ohio courts.	121886

CONTINUING JUDICIAL EDUCATION

121887

The Continuing Judicial Education Fund (Fund 6720) shall	121888
consist of fees paid by judges and court personnel for attending	121889
continuing education courses and other gifts and grants received	121890
for the purpose of continuing judicial education. The foregoing	121891
appropriation item 005601, Continuing Judicial Education, shall be	121892
used to pay expenses for continuing education courses for judges	121893
and court personnel. If it is determined by the Administrative	121894
Director of the Supreme Court that additional appropriations are	121895
necessary, the amounts are hereby appropriated.	121896

No money in Fund 6720 shall be transferred to any other fund	121897
by the Director of Budget and Management or the Controlling Board.	121898
Interest earned on money in Fund 6720 shall be credited to the	121899
fund.	121900

FEDERAL GRANTS

121901

The Federal Grants Fund (Fund 3J00) shall consist of grants	121902
and other moneys awarded to the Supreme Court (The Judiciary) by	121903
the United States Government or other entities that receive the	121904
moneys directly from the United States Government and distribute	121905
those moneys to the Supreme Court (The Judiciary). The foregoing	121906
appropriation item 005603, Federal Grants, shall be used in a	121907
manner consistent with the purpose of the grant or award. If it is	121908
determined by the Administrative Director of the Supreme Court	121909
that additional appropriations are necessary, the amounts are	121910
hereby appropriated.	121911

No money in Fund 3J00 shall be transferred to any other fund	121912
by the Director of Budget and Management or the Controlling Board.	121913
However, interest earned on money in Fund 3J00 shall be credited	121914
or transferred to the General Revenue Fund.	121915

ATTORNEY SERVICES

121916

The Attorney Services Fund (Fund 4C80), formerly known as the	121917
Attorney Registration Fund, shall consist of money received by the	121918
Supreme Court (The Judiciary) pursuant to the Rules for the	121919
Government of the Bar of Ohio. In addition to funding other	121920
activities considered appropriate by the Supreme Court, the	121921
foregoing appropriation item 005605, Attorney Services, may be	121922
used to compensate employees and to fund appropriate activities of	121923
the following offices established by the Supreme Court: the Office	121924
of Disciplinary Counsel, the Board of Commissioners on Grievances	121925
and Discipline, the Clients' Security Fund, and the Attorney	121926
Services Division. If it is determined by the Administrative	121927
Director of the Supreme Court that additional appropriations are	121928
necessary, the amounts are hereby appropriated.	121929

No money in Fund 4C80 shall be transferred to any other fund	121930
by the Director of Budget and Management or the Controlling Board.	121931
Interest earned on money in Fund 4C80 shall be credited to the	121932
fund.	121933

COURT INTERPRETER CERTIFICATION

121934

The Court Interpreter Certification Fund (Fund 5HT0) shall	121935
consist of money received by the Supreme Court (The Judiciary)	121936
pursuant to Rules 80 through 87 of the Rules of Superintendence	121937
for the Courts of Ohio. The foregoing appropriation item 005617,	121938
Court Interpreter Certification, shall be used to provide	121939
training, to provide the written examination, and to pay language	121940
experts to rate, or grade, the oral examinations of those applying	121941
to become certified court interpreters. If it is determined by the	121942
Administrative Director that additional appropriations are	121943
necessary, the amounts are hereby appropriated.	121944

No money in Fund 5HT0 shall be transferred to any other fund	121945
by the Director of Budget and Management or the Controlling Board.	121946
Interest earned on money in Fund 5HT0 shall be credited to the	121947
fund.	121948

COUNTY LAW LIBRARY RESOURCES BOARD

121949

The Statewide Consortium of County Law Library Resources	121950
Boards Fund (Fund 5JY0) shall consist of moneys deposited pursuant	121951
to section 307.515 of the Revised Code into a county's law library	121952
resources fund and forwarded by that county's treasurer for	121953
deposit in the state treasury pursuant to division (E)(1) of	121954
section 3375.481 of the Revised Code. The foregoing appropriation	121955
item 005620, County Law Library Resources Board, shall be used for	121956
the operation of the Statewide Consortium of County Law Library	121957
Resources Boards. If it is determined by the Administrative	121958
Director of the Supreme Court that additional appropriations are	121959
necessary, the amounts are hereby appropriated.	121960

No money in Fund 5JY0 shall be transferred to any other fund	121961
by the Director of Budget and Management or the Controlling Board.	121962
Interest earned on money in Fund 5JY0 shall be credited to the	121963
fund.	121964

GRANTS AND AWARDS

121965

The Grants and Awards Fund (Fund 5T80) shall consist of	121966
grants and other money awarded to the Supreme Court (The	121967
Judiciary) by the State Justice Institute, the Division of	121968
Criminal Justice Services, or other entities. The foregoing	121969
appropriation item 005609, Grants and Awards, shall be used in a	121970
manner consistent with the purpose of the grant or award. If it is	121971
determined by the Administrative Director of the Supreme Court	121972
that additional appropriations are necessary, the amounts are	121973
hereby appropriated.	121974

No money in Fund 5T80 shall be transferred to any other fund	121975
by the Director of Budget and Management or the Controlling Board.	121976
However, interest earned on money in Fund 5T80 shall be credited	121977
or transferred to the General Revenue Fund.	121978

SUPREME COURT ADMISSIONS

121979

The foregoing appropriation item 005606, Supreme Court	121980
Admissions, shall be used to compensate Supreme Court employees	121981
who are primarily responsible for administering the attorney	121982
admissions program under the Rules for the Government of the Bar	121983
of Ohio, and to fund any other activities considered appropriate	121984
by the court. Moneys shall be deposited into the Supreme Court	121985
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	121986
Government of the Bar of Ohio. If it is determined by the	121987
Administrative Director of the Supreme Court that additional	121988
appropriations are necessary, the amounts are hereby appropriated.	121989

No money in Fund 6A80 shall be transferred to any other fund	121990
by the Director of Budget and Management or the Controlling Board.	121991
Interest earned on money in Fund 6A80 shall be credited to the	121992
fund.	121993

Section 309.10. LEC LAKE ERIE COMMISSION

121994

Federal Special Revenue Fund Group	121995

3EP0	780603		Lake Erie Federal Grants		$	25,000		$	0		121996
TOTAL FED Federal Special Revenue Fund Group					$	25,000		$	0		121997

State Special Revenue Fund Group	121998

4C00	780601	Lake Erie Protection Fund	$	200,000	$	200,000	121999
5D80	780602	Lake Erie Resources Fund	$	298,942	$	339,637	122000
TOTAL SSR State Special Revenue							122001
Fund Group			$	498,942	$	539,637	122002
TOTAL ALL BUDGET FUND GROUPS			$	523,942	$	539,637	122003

CASH TRANSFERS TO THE LAKE ERIE RESOURCES FUND

122004

On July 1 of each fiscal year, or as soon as possible	122005
thereafter, the Director of Budget and Management may transfer	122006
cash from the funds specified below, up to the amounts specified	122007
below, to the Lake Erie Resources Fund (Fund 5D80). Fund 5D80 may	122008
accept contributions and transfers made to the fund.	122009

Fund	Fund Name	User	FY 2014	FY 2015	122010
5BC0	Environmental Protection	Environmental Protection Agency	$23,500	$53,500	122011
6690	Pesticide, Fertilizer and Lime	Department of Agriculture	$23,500	$53,500	122012
4700	General Operations	Department of Health	$23,500	$53,500	122013
1570	Central Support Indirect	Department of Natural Resources	$23,500	$53,500	122014

On July 1, 2013, or as soon as possible thereafter, the	122015
Director of Budget and Management may transfer $23,500 cash from a	122016
fund used by the Development Services Agency, as specified by the	122017
Director of Development Services, to Fund 5D80.	122018

On July 1, 2014, or as soon as possible thereafter, the	122019
Director of Budget and Management may transfer $53,500 cash from a	122020
fund used by the Development Services Agency, as specified by the	122021
Director of Development Services, to Fund 5D80.	122022

Section 311.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

122023

General Revenue Fund	122024

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		122025
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		122026

General Services Fund Group	122027

4G70	028601	Joint Legislative Ethics Committee	$	150,000	$	150,000	122028
TOTAL GSF General Services Fund Group			$	150,000	$	150,000	122029
TOTAL ALL BUDGET FUND GROUPS			$	700,000	$	700,000	122030

Section 313.10. LSC LEGISLATIVE SERVICE COMMISSION

122031

General Revenue Fund	122032

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	122033
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	122034
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	122035
GRF	035407	Legislative Task Force on Redistricting	$	400,000	$	400,000	122036
GRF	035409	National Associations	$	460,560	$	460,560	122037
GRF	035410	Legislative Information Systems	$	3,861,250	$	3,861,250	122038
GRF	035411	Ohio Constitutional Modernization Commission	$	200,000	$	200,000	122039
TOTAL GRF General Revenue Fund			$	21,500,530	$	21,500,530	122040

General Services Fund Group	122041

4100	035601	Sale of Publications	$	10,000	$	10,000	122042
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	122043
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	122044
TOTAL GSF General Services							122045
Fund Group			$	240,000	$	240,000	122046
TOTAL ALL BUDGET FUND GROUPS			$	21,740,530	$	21,740,530	122047

OPERATING EXPENSES

122048

On July 1, 2013, or as soon as possible thereafter, the	122049
Director of the Legislative Service Commission may certify to the	122050
Director of Budget and Management the amount of the unexpended,	122051
unencumbered balance of the foregoing appropriation item 035321,	122052
Operating Expenses, at the end of fiscal year 2013 to be	122053
reappropriated to fiscal year 2014. The amount certified is hereby	122054
reappropriated to the same appropriation item for fiscal year	122055
2014.	122056

On July 1, 2014, or as soon as possible thereafter, the	122057
Director of the Legislative Service Commission may certify to the	122058
Director of Budget and Management the amount of the unexpended,	122059
unencumbered balance of the foregoing appropriation item 035321,	122060
Operating Expenses, at the end of fiscal year 2014 to be	122061
reappropriated to fiscal year 2015. The amount certified is hereby	122062
reappropriated to the same appropriation item for fiscal year	122063
2015.	122064

LEGISLATIVE TASK FORCE ON REDISTRICTING

122065

An amount equal to the unexpended, unencumbered portion of	122066
the foregoing appropriation item 035407, Legislative Task Force on	122067
Redistricting, at the end of fiscal year 2013 is hereby	122068
reappropriated to the Legislative Service Commission for the same	122069
purpose for fiscal year 2014.	122070

An amount equal to the unexpended, unencumbered portion of	122071
the foregoing appropriation item 035407, Legislative Task Force on	122072
Redistricting, at the end of fiscal year 2014 is hereby	122073
reappropriated to the Legislative Service Commission for the same	122074
purpose for fiscal year 2015.	122075

LEGISLATIVE INFORMATION SYSTEMS

122076

On July 1, 2013, or as soon as possible thereafter, the	122077
Director of the Legislative Service Commission may certify to the	122078
Director of Budget and Management the amount of the unexpended,	122079
unencumbered balance of the foregoing appropriation item 035410,	122080
Legislative Information Systems, at the end of fiscal year 2013 to	122081
be reappropriated to fiscal year 2014. The amount certified is	122082
hereby reappropriated to the same appropriation item for fiscal	122083
year 2014.	122084

On July 1, 2014, or as soon as possible thereafter, the	122085
Director of the Legislative Service Commission may certify to the	122086
Director of Budget and Management the amount of the unexpended,	122087
unencumbered balance of the foregoing appropriation item 035410,	122088
Legislative Information Systems, at the end of fiscal year 2014 to	122089
be reappropriated to fiscal year 2015. The amount certified is	122090
hereby reappropriated to the same appropriation item for fiscal	122091
year 2015.	122092

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

122093

The foregoing appropriation item 035411, Ohio Constitutional	122094
Modernization Commission, shall be used to support the operation	122095
and expenses of the Ohio Constitutional Modernization Commission	122096
under sections 103.61 to 103.67 of the Revised Code.	122097

Section 315.10. LIB STATE LIBRARY BOARD

122098

General Revenue Fund	122099

GRF	350321	Operating Expenses	$	5,057,364	$	5,057,364	122100
GRF	350401	Ohioana Rental Payments	$	120,114	$	120,114	122101
GRF	350502	Regional Library Systems	$	582,469	$	582,469	122102
TOTAL GRF General Revenue Fund			$	5,759,947	$	5,759,947	122103

General Services Fund Group	122104

1390	350602	Intra-Agency Service Charges	$	8,000	$	8,000	122105
4590	350603	Library Service Charges	$	3,237,430	$	3,526,368	122106
4S40	350604	Ohio Public Library Information Network	$	5,689,788	$	5,689,788	122107
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	122108
TOTAL GSF General Services							122109
Fund Group			$	10,209,412	$	10,498,350	122110

Federal Special Revenue Fund Group	122111

3130	350601	LSTA Federal	$	5,303,693	$	5,120,439	122112
TOTAL FED Federal Special Revenue							122113
Fund Group			$	5,303,693	$	5,120,439	122114
TOTAL ALL BUDGET FUND GROUPS			$	21,273,052	$	21,378,736	122115

OHIOANA RENTAL PAYMENTS

122116

The foregoing appropriation item 350401, Ohioana Rental	122117
Payments, shall be used to pay the rental expenses of the Martha	122118
Kinney Cooper Ohioana Library Association under section 3375.61 of	122119
the Revised Code.	122120

REGIONAL LIBRARY SYSTEMS

122121

The foregoing appropriation item 350502, Regional Library	122122
Systems, shall be used to support regional library systems	122123
eligible for funding under sections 3375.83 and 3375.90 of the	122124
Revised Code.	122125

OHIO PUBLIC LIBRARY INFORMATION NETWORK

122126

(A) The foregoing appropriation item 350604, Ohio Public	122127
Library Information Network, shall be used for an information	122128
telecommunications network linking public libraries in the state	122129
and such others as may participate in the Ohio Public Library	122130
Information Network (OPLIN).	122131

The Ohio Public Library Information Network Board of Trustees	122132
created under section 3375.65 of the Revised Code may make	122133
decisions regarding use of the foregoing appropriation item	122134
350604, Ohio Public Library Information Network.	122135

(B) The OPLIN Board shall research and assist or advise local	122136
libraries with regard to emerging technologies and methods that	122137
may be effective means to control access to obscene and illegal	122138
materials. The OPLIN Director shall provide written reports upon	122139
request within ten days to the Governor, the Speaker and Minority	122140
Leader of the House of Representatives, and the President and	122141
Minority Leader of the Senate on any steps being taken by OPLIN	122142
and public libraries in the state to limit and control such	122143
improper usage as well as information on technological, legal, and	122144
law enforcement trends nationally and internationally affecting	122145
this area of public access and service.	122146

(C) The Ohio Public Library Information Network, INFOhio, and	122147
OhioLINK shall, to the extent feasible, coordinate and cooperate	122148
in their purchase or other acquisition of the use of electronic	122149
databases for their respective users and shall contribute funds in	122150
an equitable manner to such effort.	122151

LIBRARY FOR THE BLIND

122152

The foregoing appropriation item 350605, Library for the	122153
Blind, shall be used for the statewide Talking Book Program to	122154
assist the blind and disabled.	122155

TRANSFER TO OPLIN TECHNOLOGY FUND

122156

Notwithstanding sections 5747.03 and 5747.47 of the Revised	122157
Code and any other provision of law to the contrary, in accordance	122158
with a schedule established by the Director of Budget and	122159
Management, the Director of Budget and Management shall transfer	122160
$5,689,788 cash in each fiscal year from the Public Library Fund	122161
(Fund 7065) to the OPLIN Technology Fund (Fund 4S40).	122162

TRANSFER TO LIBRARY FOR THE BLIND FUND

122163

Notwithstanding sections 5747.03 and 5747.47 of the Revised	122164
Code and any other provision of law to the contrary, in accordance	122165
with a schedule established by the Director of Budget and	122166
Management, the Director of Budget and Management shall transfer	122167
$1,274,194 cash in each fiscal year from the Public Library Fund	122168
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	122169

Section 317.10. LCO LIQUOR CONTROL COMMISSION

122170

State Special Revenue Fund Group	122171

5LP0	970601	Commission Operating Expenses	$	784,376	$	796,368	122172
TOTAL SSR State Special Revenue Fund Group			$	784,376	$	796,368	122173
TOTAL ALL BUDGET FUND GROUPS			$	784,376	$	796,368	122174

Section 319.10. LOT STATE LOTTERY COMMISSION

122176

State Lottery Fund Group	122177

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	122178
7044	950321	Operating Expenses	$	49,778,677	$	51,173,293	122179
7044	950402	Advertising Contracts	$	23,024,080	$	23,024,080	122180
7044	950403	Gaming Contracts	$	63,405,851	$	59,356,988	122181
7044	950601	Direct Prize Payments	$	116,281,000	$	114,779,000	122182
7044	950605	Problem Gambling	$	2,000,000	$	3,000,000	122183
8710	950602	Annuity Prizes	$	79,039,985	$	80,299,167	122184
TOTAL SLF State Lottery Fund							122185
Group			$	335,475,593	$	333,578,528	122186
TOTAL ALL BUDGET FUND GROUPS			$	335,475,593	$	333,578,528	122187

OPERATING EXPENSES

122188

Notwithstanding sections 127.14 and 131.35 of the Revised	122189
Code, the Controlling Board may, at the request of the State	122190
Lottery Commission, authorize expenditures from the State Lottery	122191
Fund in excess of the amounts appropriated, up to a maximum of 10	122192
per cent of anticipated total revenue accruing from the sale of	122193
lottery products. Upon the approval of the Controlling Board, the	122194
additional amounts are hereby appropriated.	122195

DIRECT PRIZE PAYMENTS

122196

Any amounts, in addition to the amounts appropriated in	122197
appropriation item 950601, Direct Prize Payments, that the	122198
Director of the State Lottery Commission determines to be	122199
necessary to fund prizes are hereby appropriated.	122200

ANNUITY PRIZES

122201

Upon request of the State Lottery Commission, the Director of	122202
Budget and Management may transfer cash from the State Lottery	122203
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	122204
an amount sufficient to fund deferred prizes. The Treasurer of	122205
State, from time to time, shall credit the Deferred Prizes Trust	122206
Fund (Fund 8710) the pro rata share of interest earned by the	122207
Treasurer of State on invested balances.	122208

Any amounts, in addition to the amounts appropriated in	122209
appropriation item 950602, Annuity Prizes, that the Director of	122210
the State Lottery Commission determines to be necessary to fund	122211
deferred prizes and interest earnings are hereby appropriated.	122212

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

122213

Estimated transfers from the State Lottery Fund (Fund 7044)	122214
to the Lottery Profits Education Fund (Fund 7017) are to be	122215
$841,000,000 in fiscal year 2014 and $974,500,000 in fiscal year	122216
2015. The Director of Budget and Management shall transfer such	122217
amounts contingent upon the availability of resources. Transfers	122218
from the State Lottery Fund to the Lottery Profits Education Fund	122219
shall represent the estimated net income from operations for the	122220
Commission in fiscal year 2014 and fiscal year 2015. Transfers by	122221
the Director of Budget and Management to the Lottery Profits	122222
Education Fund shall be administered as the statutes direct.	122223

Section 321.10. MHC MANUFACTURED HOMES COMMISSION

122224

General Services Fund Group	122225

4K90	996609	Operating Expenses	$	459,134	$	459,134	122226
TOTAL GSF General Services							122227
Fund Group			$	459,134	$	459,134	122228

State Special Revenue Fund Group	122229

5MC0	996610	Manufactured Homes Regulation	$	747,825	$	747,825	122230
TOTAL SSR State Special Revenue Fund Group			$	747,825	$	747,825	122231
TOTAL ALL BUDGET FUND GROUPS			$	1,206,959	$	1,206,959	122232

Section 323.10. MCD DEPARTMENT OF MEDICAID

122234

General Revenue Fund	122235

GRF	651425	Medicaid Program Support - State	$	149,482,299	$	156,064,636	122236
GRF	651525	Medicaid/Health Care Services					122237
		State	$	4,666,455,094	$	4,788,132,649	122238
		Federal	$	9,423,311,513	$	10,990,002,414	122239
		Medicaid/Health Care Services Total	$	14,089,766,607	$	15,778,135,063	122240
GRF	651526	Medicare Part D	$	308,749,142	$	324,920,518	122241
TOTAL GRF General Revenue Fund							122242
		State	$	5,124,686,535	$	5,269,117,803	122243
		Federal	$	9,423,311,513	$	10,990,002,414	122244
		GRF Total	$	14,547,998,048	$	16,259,120,217	122245

General Services Fund Group	122246

5DL0	651639	Medicaid Services - Recoveries	$	462,900,000	$	514,700,000	122247
5FX0	561638	Medicaid Services - Payment Withholding	$	6,000,000	$	6,000,000	122248
TOTAL GSF General Services Fund Group			$	468,900,000	$	520,700,000	122249

Federal Special Revenue Fund Group	122250

3ER0	651603	Medicaid Health Information Technology	$	123,074,778	$	123,089,606	122251
3F00	651623	Medicaid Services - Federal	$	2,977,109,943	$	3,214,589,109	122252
3F00	651624	Medicaid Program Support - Federal	$	408,996,401	$	409,323,399	122253
3FA0	651680	Health Care Grants - Federal	$	20,000,000	$	20,000,000	122254
3G50	651655	Medicaid Interagency Pass-Through	$	1,712,881,658	$	1,895,403,348	122255
TOTAL FED Federal Special Revenue Fund Group			$	5,242,062,780	$	5,662,405,462	122256

State Special Revenue Fund Group	122257

4E30	651605	Resident Protection Fund	$	2,878,319	$	2,878,319	122258
5AJ0	651631	Money Follows the Person	$	5,555,000	$	4,517,500	122259
5GF0	651656	Medicaid Services - Hospitals/UPL	$	531,273,601	$	531,273,601	122260
5KC0	651682	Health Care Grants - State	$	10,000,000	$	10,000,000	122261
5R20	651608	Medicaid Services - Long Term Care	$	402,000,000	$	402,000,000	122262
5U30	651654	Medicaid Program Support	$	36,205,843	$	35,403,126	122263
6510	651649	Medicaid Services - HCAP	$	215,527,947	$	215,314,482	122264
TOTAL SSR State Special Revenue Fund Group			$	1,203,440,710	$	1,201,387,028	122265

Holding Account Redistribution Fund Group	122266

R055	651644	Refunds and Reconciliations	$	1,000,0000	$	1,000,000	122267
TOTAL 090 Holding Account Redistribution Fund Group			$	1,000,000	$	1,000,000	122268
TOTAL ALL BUDGET FUND GROUPS			$	21,463,401,538	$	23,644,612,707	122269

Section 323.10.10. CREATION OF THE DEPARTMENT OF MEDICAID

122271

(A) As used in this section, "medical assistance program"	122272
means all of the following:	122273

(1) The Medicaid program established by Title XIX of the	122274
"Social Security Act," 42 U.S.C. 1396 et seq.	122275

(2) The Children's Health Insurance Program authorized by	122276
Title XXI of the "Social Security Act," 42 U.S.C. 1397aa et seq.	122277

(3) The Refugee Medical Assistance program authorized by the	122278
"Immigration and Nationality Act," section 412(e), 42 U.S.C.	122279
1522(e).	122280

(B) On July 1, 2013, all of the following apply:

122281

(1) The Department of Medicaid is created.

122282

(2) The Department of Medicaid is to be administered by the	122283
Medicaid Director who is to be appointed by the Governor with the	122284
advice and consent of the Senate.	122285

(3) The Medicaid Director is to hold the Director's office	122286
during the term of the appointing Governor and is subject to	122287
removal at the pleasure of the Governor.	122288

(4) The Medicaid Director is the executive head of the	122289
Department of Medicaid and all duties conferred on the Department	122290
by law or order of the Director are under the Director's control	122291
and shall be performed in accordance with rules the Director	122292
adopts.	122293

(5) The Medicaid Director may appoint such employees as are	122294
necessary for the efficient operation of the Department of	122295
Medicaid and may prescribe the title and duties of the employees.	122296

(6) The Office of Medical Assistance shall cease to exist.

122297

(7) Each reference to the Department or Director of Public	122298
Welfare, Department or Director of Human Services, Department or	122299
Director of Job and Family Services, Office of Medical Assistance,	122300
or Medical Assistance Director in any statute, rule, contract,	122301
grant, or other document is deemed to refer to the Department of	122302
Medicaid or Medicaid Director, as the case may be, to the extent	122303
the reference is about a duty or authority of the Department of	122304
Medicaid or Medicaid Director regarding a medical assistance	122305
program.	122306

(8) Employees of the Office of Medical Assistance are hereby	122307
transferred to the Department of Medicaid. The vehicles and	122308
equipment assigned to the Office's employees are transferred to	122309
the Department.	122310

(9) The assets, liabilities, other equipment not provided	122311
for, and records, irrespective of form or medium, of the Office of	122312
Medical Assistance are transferred to the Department of Medicaid.	122313
The Department is the successor to, assumes the obligations of,	122314
and otherwise constitutes the continuation of, the Office.	122315

(10) Business commenced but not completed on July 1, 2013, by	122316
the Medical Assistance Director, the Office of Medical Assistance,	122317
Director of Job and Family Services, or Department of Job and	122318
Family Services regarding a medical assistance program shall be	122319
completed by the Medicaid Director or Department of Medicaid in	122320
the same manner, and with the same effect, as if completed by the	122321
Medical Assistance Director, Office of Medical Assistance,	122322
Director of Job and Family Services, or Department of Job and	122323
Family Services. No validation, cure, right, privilege, remedy,	122324
obligation, or liability is lost or impaired by reason of the	122325
transfer required by this section but shall be administered by the	122326
Medicaid Director or Department of Medicaid.	122327

(D) The rules, orders, and determinations pertaining to the	122328
Office of Medical Assistance and Department of Job and Family	122329
Services regarding medical assistance programs continue in effect	122330
as rules, orders, and determinations of the Department of Medicaid	122331
until modified or rescinded by the Department of Medicaid.	122332

(E) No judicial or administrative action or proceeding	122333
pending on July 1, 2013, is affected by the transfer of functions	122334
from the Medical Assistance Director, Office of Medical	122335
Assistance, Director of Job and Family Services, or Department of	122336
Job and Family Services to the Medicaid Director or Department of	122337
Medicaid and shall be prosecuted or defended in the name of the	122338
Medicaid Director or Department of Medicaid. On application to the	122339
court or other tribunal, the Medicaid Director or Department of	122340
Medicaid shall be substituted as a party in such actions and	122341
proceedings.	122342

(F) When the Department of Medicaid created in section 121.02	122343
of the Revised Code comes into effect, it is a continuation of the	122344
Department of Medicaid created in this section.	122345

(G) A portion of the foregoing appropriation items 651425,	122346
Medicaid Program Support – State, 651525, Medicaid/Health Care	122347
Services, 651526, Medicare Part D, 651639, Medicaid Services –	122348
Recoveries, 651638, Medicaid Services - Payment Withholding,	122349
651603, Medicaid Health Information Technology, 651623, Medicaid	122350
Services – Federal, 651624, Medicaid Program Support – Federal,	122351
651680 Health Care Grants – Federal, 651655, Medicaid Interagency	122352
Pass-Through, 651605, Resident Protection Fund, 651631, Money	122353
Follows the Person, 651656, Medicaid Services – Hospitals/UPL,	122354
651682, Health Care Grants – State, 651608, Medicaid Services –	122355
Long Term Care, 651654, Medicaid Program Support, 651649, Medicaid	122356
Services – HCAP, 651644, Refunds and Reconciliations, and 651612,	122357
Managed Care Performance Payments, may be used to pay for Medicaid	122358
services and costs associated with the administration of the	122359
Medicaid program.	122360

Section 323.10.20. TRANSFER OF ENCUMBRANCES AND RECEIVABLES

122361

On July 1, 2013, or as soon as possible thereafter, the	122362
Medicaid Director shall certify to the Director of Budget and	122363
Management all medical assistance-related encumbrances held by the	122364
Department of Job and Family Services, and specify which of those	122365
encumbrances are requested to be transferred to the Department of	122366
Medicaid. The Director of Budget and Management may cancel any	122367
existing encumbrances, as certified by the Medicaid Director, and	122368
reestablish them in the Department of Medicaid. The reestablished	122369
encumbrance amounts are hereby appropriated. Any business	122370
commenced, but not completed, with regard to the encumbrances	122371
certified shall be completed by the Department of Medicaid in the	122372
same manner and with the same effect as if it were completed by	122373
the Department of Job and Family Services.	122374

On July 1, 2013, or as soon as possible thereafter, the	122375
Medicaid Director shall certify to the Director of Budget and	122376
Management all medical assistance-related receivables held by the	122377
Department of Job and Family Services, and specify which of those	122378
receivables are requested to be transferred to the Department of	122379
Medicaid. The Director of Budget and Management may cancel any	122380
existing receivables as certified by the Medicaid Director and	122381
reestablish them in the Department of Medicaid.	122382

A portion of the foregoing appropriation items 651425,	122383
Medicaid Program Support – State, 651525, Medicaid/Health Care	122384
Services, 651639, Medicaid Services – Recoveries, 651638, Medicaid	122385
Services-Payment Withholding, 651624, Medicaid Program Support –	122386
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	122387
Interagency Pass-Through, 651605, Resident Protection Fund,	122388
651631, Money Follows the Person, 651656, Medicaid Services –	122389
Hospitals/UPL, 651682, Health Care Grants – State, 651608,	122390
Medicaid Services – Long Term Care, 651654, Medicaid Program	122391
Support, and 651649, Medicaid Services – HCAP, may be used to pay	122392
for medical assistance services and costs associated with the	122393
administration of the Medicaid program.	122394

Section 323.10.30. TEMPORARY AUTHORITY REGARDING EMPLOYEES

122395

(A) As used in this section, "medical assistance program" has	122396
the same meaning as in the section of this act titled "CREATION OF	122397
THE DEPARTMENT OF MEDICAID."	122398

(B) During the period beginning July 1, 2013, and ending June	122399
30, 2015, all of the following apply:	122400

(1) The Medicaid Director has the authority to establish,	122401
change, and abolish positions for the Department of Medicaid, and	122402
to assign, reassign, classify, reclassify, transfer, reduce,	122403
promote, or demote all employees of the Department of Medicaid who	122404
are not subject to Chapter 4117. of the Revised Code.	122405

(2) As part of the transfer of medical assistance programs to	122406
the Department of Medicaid, the Director of Job and Family	122407
Services has the authority to establish, change, and abolish	122408
positions for the Department of Job and Family Services, and to	122409
assign, reassign, classify, reclassify, transfer, reduce, promote,	122410
or demote all employees of the Department of Job and Family	122411
Services who are not subject to Chapter 4117. of the Revised Code.	122412

(C) The authority granted under division (B) of this section	122413
includes assigning or reassigning an exempt employee, as defined	122414
in section 124.152 of the Revised Code, to a bargaining unit	122415
classification if the Medicaid Director or Director of Job and	122416
Family Services determines that the bargaining unit classification	122417
is the proper classification for that employee. The actions of the	122418
Medicaid Director or Director of Job and Family Services shall be	122419
consistent with the requirements of 5 C.F.R. 900.603 for those	122420
employees subject to such requirements. If an employee in the E-1	122421
pay range is to be assigned, reassigned, classified, reclassified,	122422
transferred, reduced, or demoted to a position in a lower	122423
classification during the period specified in this section, the	122424
Medicaid Director or Director of Job and Family Services, or in	122425
the case of a transfer outside the Department of Medicaid or	122426
Department of Job and Family Services, the Director of	122427
Administrative Services, shall assign the employee to the	122428
appropriate classification and place the employee in Step X. The	122429
employee shall not receive any increase in compensation until the	122430
maximum rate of pay for that classification exceeds the employee's	122431
compensation.	122432

(D) Actions taken by the Medicaid Director, Director of Job	122433
and Family Services, and Director of Administrative Services	122434
pursuant to this section are not subject to appeal to the State	122435
Personnel Board of Review.	122436

(E) A portion of the foregoing appropriation items 651425,	122437
Medicaid Program Support – State, 651603, Medicaid Health	122438
Information Technology, 651624, Medicaid Program Support –	122439
Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	122440
Interagency Pass-Through, 651605, Resident Protection Fund,	122441
651631, Money Follows the Person, 651682, Health Care Grants –	122442
State, and 651654, Medicaid Program Support, may be used to pay	122443
for costs associated with the administration of the Medicaid	122444
program, including the assignment, reassignment, classification,	122445
reclassification, transfer, reduction, promotion, or demotion of	122446
employees authorized by this section.	122447

Section 323.10.40. STAFF TRAINING REGARDING TRANSFERS

122448

As used in this section, "medical assistance program" has the	122449
same meaning as in the section of this act titled "CREATION OF THE	122450
DEPARTMENT OF MEDICAID."	122451

The Medicaid Director and Director of Job and Family Services	122452
may jointly or separately enter into one or more contracts with	122453
public or private entities for staff training and development to	122454
facilitate the transfer of the staff and duties regarding medical	122455
assistance programs to the Department of Medicaid. Division (B) of	122456
section 127.16 of the Revised Code does not apply to contracts	122457
entered into under this section.	122458

A portion of the foregoing appropriation items 651425,	122459
Medicaid Program Support – State, 651624, Medicaid Program Support	122460
– Federal, 651680, Health Care Grants – Federal, 651605, Resident	122461
Protection Fund, 651631, Money Follows the Person, and 651654,	122462
Medicaid Program Support, may be used to pay for costs associated	122463
with the administration of the Medicaid program, including staff	122464
training authorized under this section.	122465

Section 323.10.50. CREATION OF THE DEPARTMENT OF MEDICAID NOT	122466
A COLLECTIVE BARGAINING SUBJECT	122467

As used in this section, "medical assistance program" has the	122468
same meaning as in the section of this act titled "CREATION OF THE	122469
DEPARTMENT OF MEDICAID."	122470

Notwithstanding sections 4117.08 and 4117.10 of the Revised	122471
Code, this act's creation of the Department of Medicaid and	122472
reassignment of the functions and duties of the Office of Medical	122473
Assistance regarding medical assistance programs are not	122474
appropriate subjects for collective bargaining under Chapter 4117.	122475
of the Revised Code.	122476

A portion of the foregoing appropriation items 651425,	122477
Medicaid Program Support – State, 651624, Medicaid Program Support	122478
– Federal, 651680, Health Care Grants – Federal, 651655, Medicaid	122479
Interagency Pass-Through, 651605, Resident Protection Fund,	122480
651631, Money Follows the Person, 651682, Health Care Grants –	122481
State, and 651654, Medicaid Program Support, may be used to pay	122482
for costs associated with the administration of the Medicaid	122483
program, including the reassignment of functions and duties	122484
related to the transition of the Office of Medical Assistance into	122485
the Department of Medicaid.	122486

Section 323.10.60. NEW AND AMENDED GRANT AGREEMENTS

122487

(A) As used in this section:

122488

(1) "Grant agreement" has the same meaning as in section	122489
5101.21 of the Revised Code.	122490

(2) "Medical assistance program" has the same meaning as in	122491
the section of this act titled "CREATION OF THE DEPARTMENT OF	122492
MEDICAID."	122493

(B) The Director of Job and Family Services and boards of	122494
county commissioners may enter into negotiations to amend an	122495
existing partnership agreement or to enter into a new grant	122496
agreement regarding the transfer of medical assistance programs to	122497
the Department of Medicaid. Any such amended or new grant	122498
agreement shall be drafted in the name of the Department of Job	122499
and Family Services. The amended or new partnership agreement may	122500
be executed before July 1, 2013, if the amendment or agreement	122501
does not become effective sooner than that date.	122502

(C) A portion of the foregoing appropriation items 651525,	122503
Health Care/Medicaid Services, 651603, Medicaid Health Information	122504
Technology, 651623, Medicaid Services – Federal, 651624, Medicaid	122505
Program Support – Federal, 651680, Health Care Grants – Federal,	122506
and 651682, Health Care Grants - State, may be used to pay for	122507
Medicaid services and costs associated with the administration of	122508
the Medicaid program.	122509

Section 323.10.70. LSC TO RENUMBER ADMINISTRATIVE RULES

122510

On and after July 1, 2013, if necessary to ensure the	122511
integrity of the numbering of the Administrative Code, the	122512
Director of the Legislative Service Commission shall renumber the	122513
rules of the Office of Medical Assistance within the Department of	122514
Job and Family Services to reflect its transfer to the Department	122515
of Medicaid.	122516

Of the foregoing appropriation item 651655, Medicaid	122517
Interagency Pass-Through, portions may be used to pay for Medicaid	122518
services and costs associated with the administration of the	122519
Medicaid program.	122520

Section 323.20. MEDICAID/HEALTH CARE SERVICES

122521

The foregoing appropriation item 651525, Medicaid/Health Care	122522
Services, shall not be limited by section 131.33 of the Revised	122523
Code.	122524

Section 323.30. QUALITY INCENTIVE PROGRAM TO REDUCE	122525
AVOIDABLE ADMISSIONS	122526

(A) The Department of Medicaid may implement, for fiscal year	122527
2014 and fiscal year 2015, a quality incentive program to reduce	122528
the number of times that the following persons are admitted to	122529
hospitals and nursing facilities or utilize emergency department	122530
services when the admissions or utilizations are avoidable:	122531

(1) Medicaid recipients enrolled in a home and	122532
community-based services Medicaid waiver component administered by	122533
the Office;	122534

(2) Medicaid recipients receiving nursing services available	122535
under the home health services benefit pursuant to 42 C.F.R.	122536
440.70(b)(1);	122537

(3) Medicaid recipients receiving home health aide services	122538
available under the home health services benefit pursuant to 42	122539
C.F.R. 440.70(b)(2);	122540

(4) Medicaid recipients receiving private duty nursing	122541
services as defined in 42 C.F.R. 440.80.	122542

(B) If the quality incentive program is implemented, the	122543
Department shall include in the program methods by which the	122544
Department will determine the program's actual savings to the	122545
Medicaid program and shall distribute not more than fifty per cent	122546
of the savings to participating Medicaid providers.	122547

Section 323.40. CHILDREN'S HOSPITALS QUALITY OUTCOMES	122548
PROGRAM	122549

(A) As used in this section, "children's hospital" means a	122550
hospital, as defined in section 3727.01 of the Revised Code, that	122551
is located in this state, primarily serves patients eighteen years	122552
of age and younger, is subject to the Medicaid prospective payment	122553
system for hospitals established in rules adopted under section	122554
5164.02 of the Revised Code, and is excluded from Medicare	122555
prospective payments in accordance with 42 C.F.R. 412.23(d).	122556

(B) The Medicaid Director may implement, during fiscal year	122557
2014 and fiscal year 2015, a children's hospitals quality outcomes	122558
program that encourages children's hospitals to develop the	122559
following:	122560

(1) Infrastructures that are needed to care for patients in	122561
the least restrictive setting and promote the care of patients and	122562
their families;	122563

(2) Programs designed to improve birth outcomes and	122564
measurably reduce neonatal intensive care admissions;	122565

(3) Patient-centered methods to measurably reduce utilization	122566
of emergency department services for primary care needs and	122567
nonemergency health conditions;	122568

(4) Other quality-focused reforms the Director identifies.

122569

(C) Up to $6,000,000 state share plus the corresponding	122570
federal share in each fiscal year shall be used to support	122571
payments made to children's hospitals for developing programs that	122572
achieve the outcomes specified under division (B) of this section	122573
and any other measures the Medicaid Director deems appropriate.	122574

Section 323.50. UNIFIED LONG TERM CARE

122575

The foregoing appropriation item 651425, Medicaid Program	122576
Support - State, may be used to provide the preadmission screening	122577
and resident review (PASRR), which includes screening,	122578
assessments, and determinations made under sections 5119.061	122579
(renumbered section 5119.40 of the Revised Code in this act),	122580
5123.021, and 5165.04 of the Revised Code.	122581

The foregoing appropriation item 651425, Medicaid Program	122582
Support - State, may be used to assess and provide long-term care	122583
consultations under section 173.42 of the Revised Code to clients	122584
regardless of Medicaid eligibility.	122585

The foregoing appropriation item 651425, Medicaid Program	122586
Support - State, may be used to provide nonwaiver funded PASSPORT	122587
and assisted living services to persons who the state department	122588
has determined to be eligible to participate in the nonwaiver	122589
funded PASSPORT and assisted living programs, who applied for but	122590
have not yet been determined to be financially eligible to	122591
participate in the Medicaid waiver component of the PASSPORT Home	122592
Care Program or the Assisted Living Program by a county department	122593
of job and family services, and to persons who are not eligible	122594
for Medicaid but were enrolled in the PASSPORT Program prior to	122595
July 1, 1990.	122596

The foregoing appropriation item 651425, Medicaid Program	122597
Support - State, shall be used to provide the required state match	122598
for federal Medicaid funds supporting the Medicaid waiver-funded	122599
PASSPORT Home Care Program, the Choices Program, the Assisted	122600
Living Program, and the PACE Program.	122601

The foregoing appropriation item 651425, Medicaid Program	122602
Support - State, shall be used to provide the federal matching	122603
share of program costs determined by the Office of Medical	122604
Assistance to be eligible for Medicaid reimbursement for the	122605
Medicaid waiver-funded PASSPORT Home Care Program, the Choices	122606
Program, the Assisted Living Program, and the PACE Program.	122607

Section 323.60. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

122608

At the beginning of each quarter, or as soon as possible	122609
thereafter, the Medicaid Director shall certify to the Director of	122610
Budget and Management the amount withheld in accordance with	122611
section 5162.62 of the Revised Code for purposes of the Managed	122612
Care Performance Payment Program. Upon receiving certification,	122613
the Director of Budget and Management shall transfer cash in the	122614
amount certified from the General Revenue Fund to the Managed Care	122615
Performance Payment Fund. The transferred cash is hereby	122616
appropriated. Appropriation item 651525, Medicaid/Health Care	122617
Services, is hereby reduced by the amount of the transfer.	122618

In addition to any other purpose authorized by law, the	122619
Department of Medicaid may use money in the Managed Care	122620
Performance Payment Fund for the following purposes for fiscal	122621
year 2014 and fiscal year 2015:	122622

(A) To meet obligations specified in provider agreements with	122623
Medicaid managed care organizations;	122624

(B) To pay for Medicaid services provided by a Medicaid	122625
managed care organization;	122626

(C) To reimburse a Medicaid managed care organization that	122627
has paid a fine for failure to meet performance standards or other	122628
requirements specified in provider agreements or rules adopted	122629
under section 5167.02 of the Revised Code if the organization	122630
comes into compliance with the standards or requirements.	122631

Section 323.70. MEDICAID MANAGED CARE EXEMPTIONS

122632

(A) As used in this section, "individual with disabilities"	122633
means any individual receiving services through the program for	122634
medically handicapped children established under section 3701.023	122635
of the Revised Code who has one or more of the following	122636
conditions:	122637

(1) Cystic fibrosis;

122638

(2) Hemophilia;

122639

(3) Cancer.

122640

(B) Notwithstanding section 5167.03 of the Revised Code, the	122641
Department of Medicaid shall not include in the care management	122642
system established under that section any individual with	122643
disabilities who was not receiving services through the care	122644
management system immediately before June 30, 2011, until the	122645
first day of the thirteenth month that occurs after the date that	122646
the Office first designates any individual who receives Medicaid	122647
on the basis of being aged, blind, or disabled who is under	122648
twenty-one years of age as an individual who is permitted or	122649
required to participate in the care management system.	122650

Section 323.80. PRIOR AUTHORIZATION FOR COMMUNITY MENTAL	122651
HEALTH SERVICES	122652

(A) As used in this section, "community mental health	122653
services" means mental health services included in the state	122654
Medicaid plan pursuant to section 5164.15 of the Revised Code.	122655

(B) For fiscal year 2014 and fiscal year 2015, a Medicaid	122656
recipient who is under twenty-one years of age automatically	122657
satisfies all requirements for any prior authorization process for	122658
community mental health services provided under a component of the	122659
Medicaid program administered by the Department of Mental Health	122660
and Addiction Services pursuant to an interagency agreement	122661
authorized by section 5162.35 of the Revised Code if any of the	122662
following apply to the recipient:	122663

(1) The recipient is in the temporary custody or permanent	122664
custody of a public children services agency or private child	122665
placing agency or is in a planned permanent living arrangement.	122666

(2) The recipient has been placed in protective supervision	122667
by a juvenile court.	122668

(3) The recipient has been committed to the Department of	122669
Youth Services.	122670

(4) The recipient is an alleged or adjudicated delinquent or	122671
unruly child receiving services under the Felony Delinquent Care	122672
and Custody Program operated under section 5139.43 of the Revised	122673
Code.	122674

Section 323.90. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	122675
LONG-TERM SERVICES AND SUPPORTS	122676

(A) The Joint Legislative Committee for Unified Long-Term	122677
Services and Supports created under section 309.30.73 of Am. Sub.	122678
H.B. 153 of the 129th General Assembly, as subsequently amended,	122679
shall continue to exist during fiscal year 2014 and fiscal year	122680
2015. The Committee shall consist of the following members:	122681

(1) Two members of the House of Representatives from the	122682
majority party, appointed by the Speaker of the House of	122683
Representatives;	122684

(2) One member of the House of Representatives from the	122685
minority party, appointed by the Speaker of the House of	122686
Representatives;	122687

(3) Two members of the Senate from the majority party,	122688
appointed by the President of the Senate;	122689

(4) One member of the Senate from the minority party,	122690
appointed by the President of the Senate.	122691

(B) The Speaker of the House of Representatives shall	122692
designate one of the members of the Committee appointed under	122693
division (A)(1) of this section to serve as co-chairperson of the	122694
Committee. The President of the Senate shall designate one of the	122695
members of the Committee appointed under division (A)(3) of this	122696
section to serve as the other co-chairperson of the Committee. The	122697
Committee shall meet at the call of the co-chairpersons. The	122698
co-chairpersons may request assistance for the Committee from the	122699
Legislative Service Commission.	122700

122701

(1) The implementation of the dual eligible integrated care	122702
demonstration project authorized by section 5164.91 of the Revised	122703
Code;	122704

(2) The implementation of a unified long-term services and	122705
support Medicaid waiver component under section 5166.14 of the	122706
Revised Code;	122707

(3) Providing consumers choices regarding a continuum of	122708
services that meet their health-care needs, promote autonomy and	122709
independence, and improve quality of life;	122710

(4) Ensuring that long-term care services and supports are	122711
delivered in a cost-effective and quality manner;	122712

(5) Subjecting county homes, county nursing homes, and	122713
district homes operated pursuant to Chapter 5155. of the Revised	122714
Code to the franchise permit fee under sections 5168.40 to 5168.56	122715
of the Revised Code;	122716

(6) Other issues of interest to the committee.

122717

(D) The co-chairpersons of the Committee shall provide for	122718
the Medicaid Director to testify before the Committee at least	122719
quarterly regarding the issues that the Committee examines.	122720

Section 323.100. HOSPITAL INPATIENT AND OUTPATIENT	122721
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	122722
HOSPITAL INCENTIVE PAYMENT PROGRAM	122723

(A) As used in this section:

122724

(1) "Hospital" has the same meaning as in section 5168.20 of	122725
the Revised Code.	122726

(2) "Hospital Assessment Fund" means the fund created under	122727
section 5168.25 of the Revised Code.	122728

(3) "Medicaid managed care organization" has the same meaning	122729
as in section 5167.01 of the Revised Code.	122730

(B) The Department of Medicaid shall do both of the	122731
following:	122732

(1) Continue the Hospital Inpatient and Outpatient	122733
Supplemental Upper Payment Limit Program that was established	122734
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	122735
General Assembly, with any modifications necessary to implement	122736
the program as described under division (D) of this section;	122737

(2) Continue the Medicaid Managed Care Hospital Incentive	122738
Payment Program, as described under division (E) of this section.	122739

(C) The Department shall use amounts deposited into the	122740
Hospital Assessment Fund in fiscal year 2014 and fiscal year 2015	122741
for the following purposes in each fiscal year:	122742

(1) To pay for costs associated with both of the following:

122743

(a) The Hospital Inpatient and Outpatient Supplemental Upper	122744
Payment Limit Program;	122745

(b) The Medicaid Managed Care Hospital Incentive Payment	122746
Program.	122747

(2) To reduce spending in appropriation item 651525,	122748
Medicaid/Health Care Services.	122749

(D)(1) Under the Hospital Inpatient and Outpatient	122750
Supplemental Upper Payment Limit Program, subject to division	122751
(D)(2) of this section, supplemental Medicaid payments shall be	122752
made to hospitals for Medicaid-covered inpatient and outpatient	122753
services. The Department shall make the payments through amounts	122754
available for the Program pursuant to division (C) of this section	122755
and any federal financial participation available for the Program.	122756

(2) The Department shall take all actions necessary to cease	122757
implementation of the Program if the United States Secretary	122758
determines that the assessment imposed under section 5168.21 of	122759
the Revised Code is an impermissible healthcare-related tax under	122760
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	122761

(E)(1) The purpose of the Medicaid Managed Care Hospital	122762
Incentive Payment Program is to increase access to hospital	122763
services for Medicaid recipients who are enrolled in Medicaid	122764
managed care organizations.	122765

Under the Program, subject to division (E)(2) of this	122766
section, funds shall be provided to Medicaid managed care	122767
organizations, which shall use the funds to increase payments to	122768
hospitals for providing services to Medicaid recipients who are	122769
enrolled in the organizations. The Department shall provide the	122770
funds through amounts available for the Program pursuant to	122771
division (C) of this section and any federal financial	122772
participation available for the Program.	122773

(2)(a) The Department shall not provide funds to Medicaid	122774
managed care organizations under the Program unless an actuary	122775
selected by the Department certifies that the Program would not	122776
violate the actuarial soundness of the capitation rates paid to	122777
Medicaid managed care organizations.	122778

(b) The Department shall not implement the Program in a	122779
manner that causes a hospital to receive less money from the	122780
Hospital Assessment Fund than the hospital would have received if	122781
the Program were not implemented.	122782

(c) The Department shall not implement the Program in a	122783
manner that causes a Medicaid managed care organization to receive	122784
a lower capitation payment rate solely because funds are made	122785
available to the organization under the Program.	122786

(d) The Department shall take all necessary actions to cease	122787
implementation of the Program if the United States Secretary	122788
determines that the assessment imposed under section 5168.21 of	122789
the Revised Code is an impermissible health care-related tax under	122790
the "Social Security Act," section 1903(w), 42 U.S.C. 1396b(w).	122791

(F) The Director of Budget and Management may authorize	122792
additional expenditures from appropriation item 651623, Medicaid	122793
Services - Federal, appropriation item 651525, Medicaid/Health	122794
Care Services, and appropriation item 651656, Medicaid Services -	122795
Hospital/UPL, in order to implement the programs authorized by	122796
this section. Any amounts authorized are hereby appropriated.	122797

(G) The Medicaid Director shall adopt rules as necessary to	122798
implement this section. The rules shall provide for the applicable	122799
assessment percentage that is used for the purpose of section	122800
5168.21 of the Revised Code to be an amount that raises, from the	122801
assessments imposed on hospitals under that section, an amount the	122802
Director determines is appropriate to fund the purposes specified	122803
in division (C) of this section.	122804

Section 323.110. ADMINISTRATIVE ISSUES RELATED TO TERMINATION	122805
OF MEDICAID WAIVER PROGRAMS	122806

(A) As used in this section, "MCD or ODA Medicaid waiver	122807
component" means the following:	122808

(1) The Medicaid waiver component of the PASSPORT program	122809
created under section 173.52 of the Revised Code;	122810

(2) The Choices program created under section 173.53 of the	122811
Revised Code;	122812

(3) The Medicaid waiver component of the Assisted Living	122813
program created under section 173.54 of the Revised Code.	122814

(4) The Ohio Home Care Waiver program as defined in section	122815
5166.01 of the Revised Code;	122816

(5) The Ohio Transitions II Aging Carve-Out program as	122817
defined in section 5166.01 of the Revised Code;	122818

(B) If an MCD or ODA Medicaid waiver component is terminated	122819
under section 173.52, 173.53, 173.54, 5166.12, or 5166.13 of the	122820
Revised Code, all of the following apply:	122821

(1) All applicable statutes, and all applicable rules,	122822
standards, guidelines, or orders issued by the Medicaid Director	122823
or Department of Medicaid or Director or Department of Aging	122824
before the component is terminated, shall remain in full force and	122825
effect on and after that date, but solely for purposes of	122826
concluding the component's operations, including fulfilling the	122827
Departments' legal obligations for claims arising from the	122828
component relating to eligibility determinations, covered medical	122829
assistance provided to eligible persons, and recovering erroneous	122830
overpayments.	122831

(2) Notwithstanding the termination of the component, the	122832
right of subrogation for the cost of medical assistance given	122833
under section 5160.37 of the Revised Code to the Department of	122834
Medicaid and an assignment of the right to medical assistance	122835
given under section 5160.38 of the Revised Code to the Department	122836
continue to apply with respect to the component and remain in	122837
force to the full extent provided under those sections.	122838

(3) The Department of Medicaid and Department of Aging may	122839
use appropriated funds to satisfy any claims or contingent claims	122840
for medical assistance provided under the component before the	122841
component's termination.	122842

(4) Neither the Department of Medicaid nor the Department of	122843
Aging has liability under the component to reimburse any provider	122844
or other person for claims for medical assistance rendered under	122845
the component after it is terminated.	122846

(C) The Medicaid Director and Director of Aging may adopt	122847
rules in accordance with Chapter 119. of the Revised Code to	122848
implement this section.	122849

Section 323.120. EXPANSION OF PACE PROGRAM

122850

(A) As used in this section, "PACE Program" means the Program	122851
of All-Inclusive Care for the Elderly.	122852

(B) To effectively administer and manage growth within the	122853
PACE Program, the Director of Aging, in consultation with the	122854
Medicaid Director, may expand the PACE Program to regions of the	122855
state that are not being served by the PACE Program if all of the	122856
following apply:	122857

(1) Funding is available for the expansion.

122858

(2) The Director of Aging and Medicaid Director mutually	122859
determine that the PACE Program is a cost-effective alternative to	122860
nursing home care.	122861

(3) The United States Centers for Medicare and Medicaid	122862
Services agrees to share with the state any savings to the	122863
Medicare program resulting from an expansion of the PACE Program.	122864

(C) If the PACE Program is expanded, the Director of Aging	122865
may not decrease the number of individuals in Cuyahoga and	122866
Hamilton counties and parts of Butler, Clermont, and Warren	122867
counties who are participants in the PACE Program below the number	122868
of individuals in those counties and parts of counties who were	122869
participants in the PACE Program on July 1, 2011.	122870

Section 323.130. DISPENSING FEE FOR NONCOMPOUNDED DRUGS

122871

The Medicaid dispensing fee for each noncompounded drug	122872
covered by the Medicaid program shall be $1.80 for the period	122873
beginning July 1, 2013, and ending on the effective date of a rule	122874
changing the amount of the fee that the Medicaid Director adopts	122875
under section 5164.02 of the Revised Code.	122876

Section 323.140. MONEY FOLLOWS THE PERSON ENHANCED	122877
REIMBURSEMENT FUND	122878

The federal payments made to the state under subsection (e)	122879
of section 6071 of the "Deficit Reduction Act of 2005," Pub. L.	122880
No. 109-171, as amended, shall be deposited into the Money Follows	122881
the Person Enhanced Reimbursement Fund. The Department of Medicaid	122882
shall continue to use money deposited into the fund for system	122883
reform activities related to the Money Follows the Person	122884
demonstration project.	122885

Section 323.150. MEDICARE PART D

122886

The foregoing appropriation item 651526, Medicare Part D, may	122887
be used by the Department of Medicaid for the implementation and	122888
operation of the Medicare Part D requirements contained in the	122889
"Medicare Prescription Drug, Improvement, and Modernization Act of	122890
2003," Pub. L. No. 108-173, as amended. Upon the request of the	122891
Department of Medicaid, the Director of Budget and Management may	122892
transfer the state share of appropriations between appropriation	122893
item 651525, Medicaid/Health Care Services, or appropriation item	122894
651526, Medicare Part D. If the state share of appropriation item	122895
651525, Medicaid/Health Care Services, is adjusted, the Director	122896
of Budget and Management shall adjust the federal share	122897
accordingly. The Department of Medicaid shall provide notification	122898
to the Controlling Board of any transfers at the next scheduled	122899
Controlling Board meeting.	122900

Section 323.160. REBALANCING LONG-TERM CARE

122901

(A) As used in this section:

122902

"Balancing Incentive Payments Program" means the program	122903
established under section 10202 of the Patient Protection and	122904
Affordable Care Act.	122905

"Long-term services and supports" has the same meaning as in	122906
section 10202(f)(1) of the Patient Protection and Affordable Care	122907
Act.	122908

"Non-institutionally-based long-term services and supports"	122909
has the same meaning as in section 10202(f)(1)(B) of the Patient	122910
Protection and Affordable Care Act.	122911

"Patient Protection and Affordable Care Act" means Public Law	122912
111-148.	122913

(B) The Departments of Aging, Developmental Disabilities, and	122914
Medicaid shall continue efforts to achieve a sustainable and	122915
balanced delivery system for long-term services and supports. In	122916
so doing, the Departments shall strive to realize the following	122917
goals by June 30, 2015:	122918

(1) Having at least fifty per cent of Medicaid recipients who	122919
are sixty years of age or older and need long-term services and	122920
supports utilize non-institutionally-based long-term services and	122921
supports;	122922

(2) Having at least sixty per cent of Medicaid recipients who	122923
are less than sixty years of age and have cognitive or physical	122924
disabilities for which long-term services and supports are needed	122925
utilize non-institutionally-based long-term services and supports.	122926

(C) If the Department of Medicaid determines that	122927
participating in the Balancing Incentive Payments Program will	122928
assist in achieving the goals specified in division (B) of this	122929
section, the Department may apply to the United States Secretary	122930
of Health and Human Services to participate in the program.	122931

(D)(1) If the United States Secretary approves the	122932
application to participate in the Balancing Incentive Payments	122933
Program, both of the following apply:	122934

(a) At the request of the Medicaid Director, the Director of	122935
Budget and Management may authorize additional expenditures of	122936
$10,000,000 from appropriation item 651425, Medicaid Program	122937
Support - State, and $10,000,000 from appropriation item 651624,	122938
Medicaid Program Support - Federal, in each fiscal year to	122939
administer the Balancing Incentive Payments Program. Any amounts	122940
authorized are hereby appropriated.	122941

(b) Any enhanced federal financial participation funds	122942
received by the state for participating in the Balancing Incentive	122943
Payments Program shall be deposited into the General Revenue Fund.	122944
Appropriations in appropriation item 651525, Medicaid/Health Care	122945
Services, shall be increased by the amount deposited. Such amounts	122946
are hereby appropriated.	122947

(2) The Department of Medicaid shall use the enhanced federal	122948
financial participation in accordance with section 10202(c)(4) of	122949
the Patient Protection and Affordable Care Act.	122950

Section 323.170. OHIO ACCESS SUCCESS PROJECT

122951

Of the foregoing appropriation item, 651525, Medicaid/Health	122952
Care Services, up to $450,000 in each fiscal year may be used to	122953
provide one-time transitional benefits under the Ohio Access	122954
Success Project that the Medicaid Director may establish under	122955
section 5166.35 of the Revised Code.	122956

Section 323.180. PROVIDER FRANCHISE FEE OFFSETS

122957

(A) At least quarterly, the Medicaid Director shall certify	122958
to the Director of Budget and Management the amount of offsets	122959
withheld under section 3721.541 of the Revised Code from payments	122960
made from the General Revenue Fund.	122961

(B) The Director of Budget and Management may transfer cash	122962
from the General Revenue Fund to the Nursing Home Franchise Permit	122963
Fee Fund (Fund 5R20), in accordance with section 5168.54 of the	122964
Revised Code.	122965

(C) Amounts transferred pursuant to this section are hereby	122966
appropriated.	122967

Section 323.190. HOSPITAL CARE ASSURANCE MATCH

122968

The foregoing appropriation item 651623, Medicaid Services -	122969
Federal, shall be used by the Department of Medicaid solely for	122970
distributing funds to hospitals under section 5168.09 of the	122971
Revised Code.	122972

Section 323.200. HEALTH CARE SERVICES ADMINISTRATION FUND

122973

Of the amount received by the Department of Medicaid during	122974
fiscal year 2014 and fiscal year 2015 from the first installment	122975
of assessments paid under section 5168.06 of the Revised Code and	122976
intergovernmental transfers made under section 5168.07 of the	122977
Revised Code, the Medicaid Director shall deposit $350,000 in each	122978
fiscal year into the state treasury to the credit of the Health	122979
Care Services Administration Fund (Fund 5U30).	122980

Section 323.210. TRANSFERS OF OFFSETS TO THE HEALTH CARE	122981
SERVICES ADMINISTRATION FUND	122982

(A) As used in this section:

122983

"Hospital offset" means an offset from a hospital's Medicaid	122984
payment authorized by section 5168.991 of the Revised Code.	122985

"Vendor offset" means a reduction of a Medicaid payment to a	122986
Medicaid provider to correct a previous, incorrect Medicaid	122987
payment.	122988

(B) During fiscal year 2014 and fiscal year 2015, at	122989
intervals selected by the Medicaid Director, the Director shall	122990
certify to the Director of Budget and Management the amount of	122991
hospital offsets and vendor offsets for the period covered by the	122992
certification and the particular funds that would have been used	122993
to make Medicaid payments to providers if not for the offsets.	122994
Each certification shall specify the amount that would have been	122995
taken from each of the funds if not for the hospital offsets and	122996
vendor offsets.	122997

(C) On receipt of a certification under division (B) of this	122998
section, the Director of Budget and Management shall transfer cash	122999
from the funds identified in the certification to the Health Care	123000
Services Administration Fund (Fund 5U30). The amount transferred	123001
from a fund shall equal the amount that would have been taken from	123002
the fund if not for the hospital offsets and vendor offsets as	123003
specified in the certification. The transferred cash is hereby	123004
appropriated.	123005

Section 323.220. MEDICAID INTERAGENCY PASS-THROUGH

123006

The Medicaid Director may request the Director of Budget and	123007
Management to increase appropriation item 651655, Medicaid	123008
Interagency Pass-Through. Upon the approval of the Director of	123009
Budget and Management, the additional amounts are hereby	123010
appropriated.	123011

Section 323.230. MEDICAID PAYMENTS FOR NONINSTITUTIONAL	123012
SERVICES PROVIDED TO DUAL ELIGIBLE INDIVIDUALS	123013

(A) As used in this section:

123014

"Dual eligible individual" has the same meaning as in the	123015
"Social Security Act," section 1915(h)(2)(B), 42 U.S.C.	123016
1396n(h)(2)(B).	123017

"Medicare Part B" means the Supplementary Medical Insurance	123018
Program for the Aged and Disabled component of the Medicare	123019
program established by Part B of Title XVIII of the "Social	123020
Security Act," 42 U.S.C. 1395j et seq.	123021

"Noninstitutional services" means any services other than	123022
hospital services, nursing facility services, and intermediate	123023
care facilities for individuals with intellectual disabilities	123024
services.	123025

(B) Notwithstanding any conflicting state statute, a Medicaid	123026
payment for noninstitutional services, excluding physician	123027
services and including freestanding dialysis center services,	123028
provided during the period beginning January 1, 2014, and ending	123029
July 1, 2015, to a Medicaid recipient who is a dual eligible	123030
individual enrolled for benefits under Medicare Part B shall equal	123031
the lesser of the following:	123032

(1) The sum of the Medicare Part B deductible, coinsurance,	123033
and copayment for the services that are applicable to the	123034
individual;	123035

(2) The greater of the following:

123036

(a) The maximum allowable Medicaid payment for the services	123037
when the services are provided to other Medicaid recipients, less	123038
the total Medicaid payment (if any) most recently paid on the	123039
Medicaid recipient's behalf for such services;	123040

(b) Zero.

123041

Section 323.233. MEDICAID PAYMENTS FOR HOME HEALTH SERVICES	123042
AND PRIVATE DUTY NURSING	123043

(A) As used in this section, "responsible adult" means the	123044
spouse of a Medicaid recipient or, in the case of a Medicaid	123045
recipient who is a minor, the minor's parent, foster caregiver,	123046
stepparent, guardian, legal custodian, or any other person who	123047
stands in loco parentis for the minor.	123048

(B) Except as provided in division (C) of this section, for	123049
fiscal year 2014 and fiscal year 2015, Medicaid payments shall not	123050
be made for any of the following services that are provided to a	123051
Medicaid recipient by an individual who is a responsible adult for	123052
that recipient:	123053

(1) Nursing services available under the home health services	123054
benefit pursuant to 42 C.F.R. 440.70(b)(1);	123055

(2) Home health aide services available under the home health	123056
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	123057

(3) Private duty nursing services, as defined in 42 C.F.R.	123058
440.80.	123059

(C) For fiscal year 2014 and fiscal year 2015, the Medicaid	123060
Director shall establish the conditions under which Medicaid	123061
payments may be made for any of the services described in division	123062
(B) of this section that are provided to a Medicaid recipient by	123063
an individual who is a responsible adult for that recipient.	123064

(D) The Director shall adopt rules in accordance with Chapter	123065
119. of the Revised Code necessary to implement this section. The	123066
Director shall consult provider representatives, consumer	123067
representatives, and other stakeholders in developing the rules,	123068
which may include the following:	123069

(1) Qualification and training requirements necessary for	123070
responsible adults to receive Medicaid payments under division (C)	123071
of this section;	123072

(2) Oversight requirements necessary for responsible adults	123073
to receive Medicaid payments under division (C) of this section;	123074

(3) Procedures designed to protect against fraud, waste, and	123075
abuse that may occur as a result of payments made under division	123076
(C) of this section;	123077

(4) Any other procedures, standards, or requirements the	123078
Director considers appropriate.	123079

Section 323.236. PURCHASING STRATEGIES FOR WHEELCHAIRS

123080

For fiscal year 2015, the Medicaid Director shall implement	123081
strategies for purchasing wheelchairs for Medicaid recipients	123082
residing in nursing facilities. In implementing the purchasing	123083
strategies, the Director shall seek to achieve a more efficient	123084
allocation of resources and price and quality competition among	123085
wheelchair providers. The Director shall consider one or more of	123086
the following when determining the purchasing strategies to	123087
implement:	123088

(A) Establishing selective contracting or competitive	123089
bidding;	123090

(B) Establishing a manufacturer's rebate program;

123091

(C) Another purchasing strategy that saves the Medicaid	123092
program an amount equivalent to the savings that would be realized	123093
from the purchasing strategies specified in division (A) or (B),	123094
or both, of this section.	123095

Section 323.240. RESCISSION OF RULE REGARDING RATES FOR	123096
PHYSICIAN GROUPS ACTING AS OUTPATIENT HOSPITAL CLINICS	123097

The Medicaid Director shall rescind rule 5101:3-1-60.1 of the	123098
Administrative Code. The rescission shall not take effect before	123099
January 1, 2014.	123100

Section 323.250. REDUCED RATE FOR REPEAT RADIOLOGICAL	123101
SERVICES	123102

(A) The Medicaid Director shall reduce the Medicaid payment	123103
rate for radiological services to which both of the following	123104
apply:	123105

(1) They are provided in a physician's office or an	123106
independent diagnostic testing facility;	123107

(2) They are provided more than once by the same provider for	123108
the same Medicaid recipient during the same treatment session.	123109

(B) The Director shall adopt rules under section 5164.02 of	123110
the Revised Code to implement the rate reduction required by this	123111
section. The rules shall not take effect before January 1, 2014.	123112

Section 323.260. VARYING MEDICAID PAYMENT RATES FOR PHYSICIAN	123113
SERVICES DEPENDING ON LOCATION OF SERVICE	123114

(A) The Medicaid Director shall do both of the following:

123115

(1) Identify physician services for which Medicaid payment	123116
rates should vary depending on where the services are provided;	123117

(2) Adopt rules under section 5164.02 of the Revised Code to	123118
establish the varying Medicaid payment rates.	123119

(B) The rules required by division (A)(2) of this section	123120
shall not take effect before January 1, 2014.	123121

Section 323.270. MEDICAID PAYMENT METHODOLOGIES ALIGNED WITH	123122
MEDICARE PAYMENT METHODOLOGIES	123123

(A) The Medicaid Director shall do both of the following:

123124

(1) Identify Medicaid services for which the Medicaid payment	123125
methodologies should be aligned, to the extent the Director	123126
considers appropriate, with Medicare payment methodologies for the	123127
services;	123128

(2) Adopt rules under section 5164.02 of the Revised Code to	123129
so align the payment methodologies for the services.	123130

(B) The rules required by division (A)(2) of this section	123131
shall not take effect before January 1, 2014.	123132

Section 323.280. ALTERNATIVE PURCHASING MODEL FOR NURSING	123133
FACILITY SERVICES	123134

As used in this section, "Medicaid waiver component" has the	123135
same meaning as in section 5166.01 of the Revised Code.	123136

The Medicaid Director may establish, as a Medicaid waiver	123137
component, an alternative purchasing model for nursing facility	123138
services provided, during the period beginning July 1, 2013, and	123139
ending July 1, 2015, to Medicaid recipients with specialized	123140
health care needs, including recipients dependent on ventilators	123141
and recipients who have severe traumatic brain injury. If	123142
established, the alternative purchasing model shall recognize a	123143
connection between enhanced Medicaid payment rates and improved	123144
health outcomes capable of being measured. The total per Medicaid	123145
day payment rate for nursing facility services provided under the	123146
alternative purchasing model may differ from the rate that would	123147
otherwise be paid pursuant to Chapter 5165. of the Revised Code.	123148

Section 323.290. REVIEW OF LONG-TERM SERVICES TO IMPROVE	123149
EFFICIENCY AND INDIVIDUAL CARE	123150

(A) The Department of Medicaid may review the following	123151
services covered by the Medicaid program to identify opportunities	123152
to improve the efficiency of, and individual care provided by,	123153
long-term care services and supports:	123154

(1) Nursing services available under the home health services	123155
benefit pursuant to 42 C.F.R. 440.70(b)(1);	123156

(2) Home health aide services available under the home health	123157
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	123158

(3) Private duty nursing services as defined in 42 C.F.R.	123159
440.80.	123160

(B) The Department, in its review authorized by division (A)	123161
of this section, may consider establishing the following:	123162

(1) New methods for authorizing and coordinating long-term	123163
care services and supports, including such services and supports	123164
covered by the Medicaid state plan, using case managers or care	123165
coordinators;	123166

(2) Competency and training requirements for the case	123167
managers or care coordinators;	123168

(3) Other mechanisms for improving efficiency and individual	123169
care in the delivery of long-term care services and supports.	123170

Section 323.300. PERFORMANCE PAYMENTS FOR MEDICAID MANAGED	123171
CARE	123172

(A) As used in this section:

123173

(1) "Dual eligible individual" has the same meaning as in	123174
section 1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315,	123175
42 U.S.C. 1396n(h)(2)(B).	123176

(2) "Dual eligible integrated care demonstration project"	123177
means the demonstration project authorized by section 5164.91 of	123178
the Revised Code.	123179

(3) "Medicaid managed care organization" has the same meaning	123180
as in section 5167.01 of the Revised Code.	123181

(4) "Participant" means an individual participating in the	123182
dual eligible integrated care demonstration project.	123183

(B) For fiscal year 2014 and fiscal year 2015, the Department	123184
of Medicaid shall provide performance payments as provided under	123185
this section to Medicaid managed care organizations providing care	123186
under the Dual Eligible Integrated Care Demonstration Project.	123187

(C) If the Department implements the Dual Eligible Integrated	123188
Care Demonstration Project, and if participants receive care	123189
through Medicaid managed care organizations under the project, the	123190
Department shall, in consultation with the United States Centers	123191
for Medicare and Medicaid Services, do both of the following:	123192

(1) Develop quality measures designed specifically to	123193
determine the effectiveness of the health care and other services	123194
provided to participants by Medicaid managed care organizations;	123195

(2) Determine an amount to be withheld from the Medicaid	123196
premium payments paid to Medicaid managed care organizations for	123197
participants.	123198

(D)(1) For the purposes of division (C)(2) of this section,	123199
the Department shall establish an amount that is to be withheld	123200
each time a premium payment is made to a Medicaid managed care	123201
organization for a participant. The amount shall be established as	123202
a percentage of each premium payment. The percentage shall be the	123203
same for all Medicaid managed care organizations providing care to	123204
participants.	123205

(2) Each Medicaid managed care organization shall agree to	123206
the withholding as a condition of receiving or maintaining its	123207
Medicaid provider agreement with the Department.	123208

(3) When the amount is established and each time the amount	123209
is modified thereafter, the Department shall certify the amount to	123210
the Director of Budget and Management and begin withholding the	123211
amount from each premium the Department pays to a Medicaid managed	123212
care organization for a participant.	123213

(E) The Director of Budget and Management shall transfer the	123214
amounts certified in accordance with division (D) of this section	123215
into the Managed Care Performance Payment Fund created under	123216
section 5162.62 of the Revised Code. The amounts transferred may	123217
be used to make performance payments to Medicaid managed care	123218
organizations providing care to participants in accordance with	123219
rules that may be adopted by the Medicaid Director under Chapter	123220
119. of the Revised Code.	123221

(F) A Medicaid managed care organization subject to this	123222
section is not subject to section 5167.30 of the Revised Code for	123223
premium payments attributed to participants during fiscal year	123224
2014 and fiscal year 2015.	123225

Section 323.310. INTEGRATED CARE DELIVERY SYSTEM PERFORMANCE	123226
PAYMENT PROGRAM	123227

At the beginning of each quarter, or as soon as possible	123228
thereafter, the Medicaid Director may certify to the Director of	123229
Budget and Management the amount withheld in accordance with the	123230
section in this act titled "PERFORMANCE PAYMENTS FOR MEDICAID	123231
MANAGED CARE." On receipt of certification, the Director of Budget	123232
and Management shall transfer cash in the amount certified from	123233
the General Revenue Fund to the Managed Care Performance Payment	123234
Fund (Fund 5KW0). The transferred cash is hereby appropriated.	123235
Appropriation item 651525, Medicaid/Health Care Services, is	123236
hereby reduced by the amount of the transfer.	123237

Section 323.320. VENDOR COLLECTION OF PATIENT LIABILITY

123238

(A) As used in this section:

123239

"Medicaid waiver component" has the same meaning as in	123240
section 5166.01 of the Revised Code.	123241

"Patient liability" means the amount that 42 C.F.R. 435.735	123242
requires be reduced from a Medicaid payment for home and	123243
community-based services available under a Medicaid waiver	123244
component.	123245

(B) The Medicaid Director may contract with a person or	123246
government entity to collect patient liabilities for fiscal year	123247
2014 and fiscal year 2015. The Director may adopt rules under	123248
section 5166.02 of the Revised Code as necessary to implement this	123249
section.	123250

Section 323.330. STATE PLAN HOME AND COMMUNITY-BASED SERVICES

123251

(A) As used in this section:

123252

"Federal poverty line" means the official poverty line	123253
defined by the United States Office of Management and Budget based	123254
on the most recent data available from the United States Bureau of	123255
the Census and revised by the United States Secretary of Health	123256
and Human Services pursuant to the "Omnibus Budget Reconciliation	123257
Act of 1981," section 673(2), 42 U.S.C. 9902(2).	123258

"State plan home and community-based services" means home and	123259
community-based services that may be included in the Medicaid	123260
state plan pursuant to the "Social Security Act," section 1915(i),	123261
42 U.S.C. 1396n(i).	123262

(B) During fiscal year 2014 and fiscal year 2015, the	123263
Medicaid program may cover state plan home and community-based	123264
services for Medicaid recipients of any age who have behavioral	123265
health issues and countable incomes not exceeding one hundred	123266
fifty per cent of the federal poverty line. A Medicaid recipient	123267
is not required to undergo a level of care determination to be	123268
eligible for the state plan home and community-based services.	123269

The Medicaid Director may adopt rules under section 5164.02	123270
of the Revised Code as necessary to implement this section.	123271

Section 323.340. INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR	123272
INDIVIDUALS UNDER AGE 21	123273

(A) As used in this section:

123274

"Inpatient psychiatric hospital services for individuals	123275
under age 21" has the same meaning as in the "Social Security	123276
Act," section 1905(h), 42 U.S.C. 1396d(h).	123277

"Psychiatric residential treatment facility" has the same	123278
meaning as in 42 C.F.R. 483.352.	123279

(B) During fiscal year 2014 and fiscal year 2015, the	123280
Medicaid program may cover inpatient psychiatric hospital services	123281
for individuals under age 21 that are provided by psychiatric	123282
residential treatment facilities to Medicaid recipients to whom	123283
both of the following apply:	123284

(1) They are in the custody of the Department of Youth	123285
Services.	123286

(2) They have been identified as meeting a clinical criterion	123287
of serious emotional disturbance specified pursuant to division	123288
(C) of this section.	123289

(C) The Department of Youth Services, in collaboration with	123290
the Department of Medicaid and Department of Mental Health and	123291
Addiction Services, shall specify the clinical criterion of	123292
serious emotional disturbance to be used for the purpose of	123293
division (B)(2) of this section.	123294

Section 323.350. MCD COLLABORATION WITH DVS

123295

The Department of Medicaid may collaborate with the	123296
Department of Veterans Services to determine ways to improve the	123297
coordination of the services that the Departments make available	123298
to veterans in a manner that enhances veterans' receipt of the	123299
services. The Departments may implement, during fiscal year 2014	123300
and fiscal year 2015, initiatives that they determine during the	123301
collaboration will maximize the efficiency of the services and	123302
ensure that veterans' needs are met.	123303

Section 323.360. IMPROVED BIRTH OUTCOMES INITIATIVES

123304

(A) The Medicaid Director may develop and implement, during	123305
fiscal year 2014 and fiscal year 2015, initiatives designed to	123306
improve birth outcomes for Medicaid recipients, including	123307
improvements designed to do the following:	123308

(1) Reduce the number of preterm births;

123309

(2) Reduce Medicaid costs;

123310

(3) Improve the quality of Medicaid services.

123311

(B) In developing the initiatives, the Director may consult	123312
with experts in practice improvement, Medicaid managed care	123313
organizations, hospitals, and other types of Medicaid providers.	123314
The Director, Medicaid managed care organizations, and other types	123315
of Medicaid providers involved in the initiatives shall make	123316
information about the initiatives available on their web sites.	123317

Section 323.370. ABOLISHMENT OF THE PRESCRIPTION DRUG REBATES	123318
FUND	123319

On July 1, 2013, or as soon as possible thereafter, the	123320
Director of Budget and Management shall transfer the cash balance	123321
in the Prescription Drug Rebates Fund (Fund 5P50) to the Health	123322
Care/Medicaid Support and Recoveries Fund (Fund 5DL0). Upon	123323
completion of the transfer, Fund 5P50 is abolished. The Director	123324
shall cancel any existing encumbrances against appropriation item	123325
600692, Health Care/Medicaid Support – Drug Rebates, and	123326
reestablish them against appropriation item 651639, Medicaid	123327
Services - Recoveries. The re-established encumbrance amounts are	123328
hereby appropriated.	123329

All money that would have been deposited into the	123330
Prescription Drug Rebates Fund shall be deposited into the Health	123331
Care/Medicaid Support and Recoveries Fund during fiscal year 2014	123332
and fiscal year 2015.	123333

Section 323.380. ABOLISHMENT OF THE HEALTHCARE COMPLIANCE	123334
FUND	123335

On July 1, 2013, or as soon as possible thereafter, the	123336
Medicaid Director shall certify to the Director of Budget and	123337
Management, the cash balance related to managed care obligations	123338
in the Healthcare Compliance Fund (Fund 4Z10). The Director of	123339
Budget and Management shall transfer the amount certified from	123340
Fund 4Z10 to the Managed Care Performance Payment Fund (Fund	123341
5KW0). The Director shall cancel any existing encumbrances related	123342
to managed care obligations against appropriation item 600625,	123343
Healthcare Compliance, and re-establish them against appropriation	123344
item 651612, Managed Care Performance Payment. The re-established	123345
encumbrance amounts are hereby appropriated.	123346

After the cash relating to managed care obligations has been	123347
transferred, the Director of Budget and Management shall transfer	123348
the remaining cash balance in the Healthcare Compliance Fund (Fund	123349
4Z10) to the Health Care Services Administration Fund (Fund 5U30).	123350
Upon completion of the transfer, Fund 4Z10 is abolished. The	123351
Director shall cancel any remaining encumbrances against	123352
appropriation item 600625, Healthcare Compliance, and re-establish	123353
them against appropriation item 651654, Medicaid Program Support.	123354
The re-established encumbrance amounts are hereby appropriated.	123355

All money that would have been deposited into the Health Care	123356
Compliance Fund pursuant to division (B)(2) of former section	123357
5111.946 of the Revised Code shall be deposited into the Health	123358
Care Services Administration Fund during fiscal year 2014 and	123359
fiscal year 2015.	123360

Section 323.390. ABOLISHMENT OF THE ODJFS ADMINISTRATION AND	123361
OVERSIGHT FUND	123362

On July 1, 2013, or as soon as possible thereafter, the	123363
Director of Budget and Management shall transfer the cash balance	123364
in the ODJFS Administration and Oversight Fund (Fund 5S30) to the	123365
Health Care Services Administration Fund (Fund 5U30). Upon	123366
completion of the transfer, Fund 5S30 is abolished. The Director	123367
shall cancel any existing encumbrances against appropriation item	123368
600629, Healthcare Program and DDD Support, and re-establish them	123369
against appropriation item 651654, Medicaid Program Support. The	123370
re-established encumbrance amounts are hereby appropriated.	123371

Section 323.400. REFUNDS AND RECONCILIATION FUND

123372

The Refunds and Reconciliation Fund (Fund R055) shall be used	123373
to hold refund and reconciliation revenues until the appropriate	123374
fund is determined or until the revenues are directed to the	123375
appropriate governmental agency other than the Department of	123376
Medicaid. If receipts credited to the Refunds and Reconciliation	123377
Fund exceed the amounts appropriated from the fund, the Medicaid	123378
Director may request the Director of Budget and Management to	123379
authorize expenditures from the fund in excess of the amounts	123380
appropriated. Upon approval of the Director of Budget and	123381
Management, the additional amounts are hereby appropriated.	123382

Section 323.460. NO LOSS OF MEDICAID ELIGIBILITY BEFORE	123383
JANUARY 1, 2014	123384

Notwithstanding the amendments by this act to sections	123385
5101.18, 5111.01 (as renumbered as section 5162.03), and 5111.011	123386
(as renumbered as section 5163.02) and the repeal by this act of	123387
sections 5111.014, 5111.015, 5111.0110, 5111.0111, 5111.0113,	123388
5111.0115, 5111.0120, 5111.0121, 5111.0122, 5111.0123, 5111.0124,	123389
5111.0125, 5111.70, 5111.701, 5111.702, 5111.703, 5111.704,	123390
5111.705, 5111.706, 5111.707, 5111.708, 5111.709, and 5111.7011 of	123391
the Revised Code, no individual eligible for Medicaid pursuant to	123392
those sections shall lose Medicaid eligibility before January 1,	123393
2014, because of the amendments to, or repeal of, those sections.	123394
This section does not preclude an individual from losing Medicaid	123395
eligibility before January 1, 2014, if the individual would cease	123396
to be Medicaid eligible before that date for reasons unrelated to	123397
the amendments to, or repeal of, those sections. Unrelated reasons	123398
include acquiring income or assets exceeding eligibility limits	123399
and failure to comply with eligibility requirements.	123400

Section 323.470. ALTERATIONS TO AND ELIMINATION OF OPTIONAL	123401
MEDICAID ELIGIBILITY GROUPS	123402

The Medicaid Director may initiate, before January 1, 2014,	123403
the rule-making process to alter the eligibility requirements for,	123404
or to eliminate, one or more Medicaid optional eligibility groups	123405
or subgroups pursuant to section 5163.06 of the Revised Code.	123406
However, none of the rules may go into effect before that date.	123407

Section 323.480. UPDATING AUTHORIZING STATUTE CITATIONS

123408

As used in this section, "authorizing statute" means a	123409
Revised Code section or provision of a Revised Code section that	123410
is cited in the Ohio Administrative Code as the statute that	123411
authorizes the adoption of a rule.	123412

The Medicaid Director is not required to amend any rule for	123413
the sole purpose of updating the citation in the Ohio	123414
Administrative Code to the rule's authorizing statute to reflect	123415
that this act renumbers the authorizing statute or relocates it to	123416
another Revised Code section. Such citations shall be updated as	123417
the Director amends the rules for other purposes.	123418

Section 325.10. MED STATE MEDICAL BOARD

123419

General Services Fund Group	123420

5C60	883609	Operating Expenses	$	9,172,062	$	9,172,062	123421
TOTAL GSF General Services							123422
Fund Group			$	9,172,062	$	9,172,062	123423
TOTAL ALL BUDGET FUND GROUPS			$	9,172,062	$	9,172,062	123424

Section 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	123426
SERVICES	123427

General Revenue Fund	123428

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	123429
GRF	333402	Resident Trainees	$	450,000	$	450,000	123430
GRF	333415	Lease-Rental Payments	$	15,843,300	$	16,076,700	123431
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	123432
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	123433
GRF	334506	Court Costs	$	784,210	$	784,210	123434
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	123435
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	123436
GRF	335421	Continuum of Care Services	$	76,399,100	$	76,399,100	123437
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	123438
GRF	335504	Community Innovations	$	1,500,000	$	1,500,000	123439
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	123440
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	123441
TOTAL GRF General Revenue Fund			$	315,711,367	$	315,944,767	123442

General Services Fund Group	123443

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	123444
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	123445
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	123446
1500	334620	Special Education	$	150,000	$	150,000	123447
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	123448
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	123449
1510	336601	Office of Support Services	$	115,000,000	$	115,000,000	123450
TOTAL GSF General Services Fund Group			$	145,268,190	$	145,268,190	123451

Federal Special Revenue Fund Group	123452

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	123453
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	123454
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	123455
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	123456
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	123457
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	123458
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	3,237,574	123459
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	123460
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	123461
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	123462
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	123463
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	123464
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	123465
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	123466
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	123467
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	123468
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	123469
3H80	335606	Demonstration Grants	$	5,428,006	$	5,428,006	123470
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0	123471
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	123472
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0	123473
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	144,675,306	123474

State Special Revenue Fund Group	123475

2320	333621	Family and Children First Administration	$	400,000	$	400,000	123476
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	123477
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	123478
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	123479
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	123480
6890	333640	Education and Conferences	$	150,000	$	150,000	123481
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	123482
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	123483
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	123484
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	123485
6320	335616	Community Capital Replacement	$	350,000	$	350,000	123486
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	123487
TOTAL ALL BUDGET FUND GROUPS			$	644,936,996	$	637,186,360	123488

Section 327.20. TRANSITION RELATING TO CONSOLIDATION OF	123490
DEPARTMENTS	123491

Notwithstanding Chapters 340., 3793., 5119., and 5122. of the	123492
Revised Code, and any other provision of law to the contrary, on	123493
July 1, 2013, there is hereby created the Department of Mental	123494
Health and Addiction Services, which shall be administered by the	123495
Director of Mental Health and Addiction Services. The Director of	123496
Mental Health and Addiction Services shall be appointed by the	123497
Governor, with the advice and consent of the Senate, and shall	123498
hold office during the term of the appointing Governor, and is	123499
subject to removal at the pleasure of the Governor. The Director	123500
of Mental Health and Addiction Services is the executive head of	123501
the Department of Mental Health and Addiction Services. The	123502
Department of Alcohol and Drug Addiction Services and the	123503
Department of Mental Health shall be consolidated into the single	123504
Department of Mental Health and Addiction Services. All of the	123505
authority, functions, and assets and liabilities of the Department	123506
of Mental Health and the Department of Alcohol and Drug Addiction	123507
Services are transferred to the Department of Mental Health and	123508
Addiction Services. The Department of Mental Health and Addiction	123509
Services is thereupon and thereafter successor to, assumes the	123510
obligations of, and otherwise constitutes the continuation of the	123511
Department of Alcohol and Drug Addiction Services and the	123512
Department of Mental Health. The Director of Mental Health and	123513
Addiction Services assumes all of the duties, authorities, and	123514
responsibilities of the Director of Alcohol and Drug Addiction	123515
Services and the Director of Mental Health. Any action, license,	123516
or certification that was undertaken or issued by the Director of	123517
Alcohol and Drug Addiction Services or the Director of Mental	123518
Health that is current and valid on the effective date of the	123519
consolidation is deemed to be an action, license, or certification	123520
undertaken or issued by the Department of Mental Health and	123521
Addiction Services under the statute creating that Department.	123522

Any business commenced but not completed by July 1, 2013, by	123523
the Department of Mental Health or the Department of Alcohol and	123524
Drug Addiction Services shall be completed by the Department of	123525
Mental Health and Addiction Services. The business shall be	123526
completed in the same manner, and with the same effect, as if	123527
completed by the Department of Mental Health or by the Department	123528
of Alcohol and Drug Addiction Services prior to July 1, 2013.	123529

No validation, cure, right, privilege, remedy, obligation, or	123530
liability is lost or impaired by reason of this act's transfer of	123531
responsibility from the Department of Mental Health and the	123532
Department of Alcohol and Drug Addiction Services to the	123533
Department of Mental Health and Addiction Services. Each such	123534
validation, cure, right, remedy, obligation, or liability shall be	123535
administered by the Department of Mental Health and Addiction	123536
Services pursuant to the statute creating that department.	123537

All rules, orders, and determinations made or undertaken	123538
pursuant to the authority and responsibilities of the Department	123539
of Mental Health and the Department of Alcohol and Drug Addiction	123540
Services prior to July 1, 2013, shall continue in effect as rules,	123541
orders, and determinations of the Department of Mental Health and	123542
Addiction Services until modified or rescinded by the Department	123543
of Mental Health and Addiction Services. If necessary to ensure	123544
the integrity of the numbering system of the Administrative Code,	123545
the Director of the Legislative Service Commission shall renumber	123546
the rules to reflect the transfer of authority and responsibility	123547
to the Department of Mental Health and Addiction Services.	123548

Any action or proceeding that is related to the functions or	123549
duties of the Department of Mental Health or the Department of	123550
Alcohol and Drug Addiction Services pending on July 1, 2013, is	123551
not affected by the transfer of responsibility to the Department	123552
of Mental Health and Addiction Services and shall be prosecuted or	123553
defended in the name of the Department of Mental Health and	123554
Addiction Services. In all such actions and proceedings, the	123555
Department of Mental Health and Addiction Services, on application	123556
to the court, shall be substituted as a party.	123557

It is the intention of the Department of Mental Health and	123558
Addiction Services that community subsidies allocated or	123559
distributed by the department will be used to fund mental health	123560
and addiction services in largely the same proportion that such	123561
services were funded when allocated or distributed as separate	123562
funding streams through the separate Department of Mental Health	123563
or Department of Alcohol and Drug Addiction Services.	123564

All employees of the Department of Mental Health and the	123565
Department of Alcohol and Drug Addiction Services shall be	123566
employees of the Department of Mental Health and Addiction	123567
Services and shall serve in the positions previously held within	123568
their respective agencies unless the Department of Mental Health	123569
and Addiction Services determines otherwise. The merger of	123570
Department of Mental Health and Department of Alcohol and Drug	123571
Addiction Services shall not be deemed a transfer of employees	123572
pursuant to division (D)(3)(b) of section 124.11 of the Revised	123573
Code. Any unclassified employee of the Department of Mental Health	123574
and Addiction Services who held a right to resume a position	123575
within the classified service of his or her previous respective	123576
agency of the Department of Mental Health or the Department of	123577
Alcohol and Drug Addiction Services shall retain such a right	123578
subject to section 5119.18 of the Revised Code as amended.	123579

On July 1, 2013, or as soon as possible thereafter,	123580
notwithstanding any provision of law to the contrary, and if	123581
requested by the Department of Mental Health and Addiction	123582
Services, the Director of Budget and Management shall make budget	123583
changes made necessary by the consolidation, if any, including	123584
administrative organization, program transfers, the creation of	123585
new funds, the transfer of state funds, and the consolidation of	123586
funds, as authorized by this section. The Director of Budget and	123587
Management may make any transfer of cash balances between funds.	123588

On July 1, 2013, or as soon as possible thereafter, the	123589
Director of Mental Health and Addiction Services shall certify to	123590
the Director of Budget and Management all encumbrances held by the	123591
Department of Mental Health and the Department of Alcohol and Drug	123592
Addiction Services, and specify which of those encumbrances are	123593
requested to be transferred to the Department of Mental Health and	123594
Addiction Services. The Director of Budget and Management may	123595
cancel any existing encumbrances as certified by the Director of	123596
Mental Health and Addiction Services and re-establish them in the	123597
new agency. The re-established encumbrance amounts are hereby	123598
appropriated. Any business commenced but not completed with regard	123599
to the encumbrances certified shall be completed by the Department	123600
of Mental Health and Addiction Services in the same manner and	123601
with the same effect as if it were completed by the Department of	123602
Mental Health or the Department of Alcohol and Drug Addiction	123603
Services.	123604

Not later than 30 days after the transfer and consolidation	123605
of the operations and related management functions of the	123606
Department of Mental Health and the Department of Alcohol and Drug	123607
Addiction Services to the Department of Mental Health and	123608
Addiction Services, an authorized officer of the former Department	123609
of Mental Health and the former Department of Alcohol and Drug	123610
Addiction Services shall certify to the Director of Mental Health	123611
and Addiction Services the unexpended balance and location of any	123612
funds and accounts designated for building and facility operation	123613
and management functions, and the custody of such funds and	123614
accounts shall be transferred to the Department of Mental Health	123615
and Addiction Services.	123616

Effective July 1, 2013, the Director of Budget and Management	123617
shall cancel any existing encumbrances against appropriation item	123618
038616, Problem Gambling Services, and re-establish them against	123619
appropriation items 333641, Problem Gambling Services -	123620
Administration, and 335641, Problem Gambling Services. The	123621
re-established encumbrance amounts are hereby appropriated. Any	123622
business commenced but not completed under appropriation item	123623
038616 by July 1, 2013, shall be completed under appropriation	123624
items 333641 and 335641 in the same manner and with the same	123625
effect as if it were completed with regard to appropriation item	123626
038616.	123627

Effective July 1, 2013, the Director of Budget and Management	123628
shall cancel any existing encumbrances against appropriation item	123629
038614, Substance Abuse Block Grant, and re-establish them against	123630
appropriation items 333618, Substance Abuse Block Grant -	123631
Administration, and 335618, Substance Abuse Block Grant. The	123632
re-established encumbrance amounts are hereby appropriated. Any	123633
business commenced but not completed under appropriation item	123634
038614 by July 1, 2013, shall be completed under appropriation	123635
items 333618 and 335618 in the same manner and with the same	123636
effect as if it were completed with regard to appropriation item	123637
038614.	123638

Effective July 1, 2013, the Director of Budget and Management	123639
shall cancel any existing encumbrances against appropriation item	123640
038609, Demonstration Grants, and re-establish them against	123641
appropriation items 333606, Demonstration Grants - Administration,	123642
and 335606, Demonstration Grants. The re-established encumbrance	123643
amounts are hereby appropriated. Any business commenced but not	123644
completed under appropriation item 038609 by July 1, 2013, shall	123645
be completed under appropriation items 333606 and 335606 in the	123646
same manner and with the same effect as if it were completed with	123647
regard to appropriation item 038609.	123648

Effective July 1, 2013, the Director of Budget and Management	123649
shall cancel any existing encumbrances against appropriation item	123650
038621, Statewide Treatment and Prevention, and re-establish them	123651
against appropriation items 333623, Statewide Treatment and	123652
Prevention - Administration, and 335623, Statewide Treatment and	123653
Prevention. The re-established encumbrance amounts are hereby	123654
appropriated. Any business commenced but not completed under	123655
appropriation item 038621 by July 1, 2013, shall be completed	123656
under appropriation items 333623 and 335623 in the same manner and	123657
with the same effect as if it were completed with regard to	123658
appropriation item 038621.	123659

Effective July 1, 2013, the Director of Budget and Management	123660
shall cancel any existing encumbrances against appropriation item	123661
038629, Problem Gambling and Casino Addictions, and re-establish	123662
them against appropriation items 333629, Problem Gambling and	123663
Casino Addictions - Administration, and 335629, Problem Gambling	123664
and Casino Addictions. The re-established encumbrance amounts are	123665
hereby appropriated. Any business commenced but not completed	123666
under appropriation item 038629 by July 1, 2013, shall be	123667
completed under appropriation items 333629 and 335629 in the same	123668
manner and with the same effect as if it were completed with	123669
regard to appropriation item 038629.	123670

Effective July 1, 2013, the Director of Budget and Management	123671
shall cancel any existing encumbrances against appropriation item	123672
038611, Administrative Reimbursement, and re-establish them	123673
against appropriation item 333639, Administrative Reimbursement.	123674
The re-established encumbrance amounts are hereby appropriated.	123675
Any business commenced but not completed under appropriation item	123676
038611 by July 1, 2013, shall be completed under appropriation	123677
item 333639 in the same manner and with the same effect as if it	123678
were completed with regard to appropriation item 038611.	123679

Effective July 1, 2013, the Director of Budget and Management	123680
shall cancel any existing encumbrances against appropriation item	123681
335635, Community Medicaid Expansion, and re-establish them	123682
against appropriation item 652635, Community Medicaid Legacy	123683
Costs. The re-established encumbrance amounts are hereby	123684
appropriated. Any business commenced but not completed under	123685
appropriation item 335635 by July 1, 2013, shall be completed	123686
under appropriation item 652635 in the same manner and with the	123687
same effect as if it were completed with regard to appropriation	123688
item 335635.	123689

Effective July 1, 2013, the Director of Budget and Management	123690
shall cancel any existing encumbrances against appropriation item	123691
333635, Community Medicaid Expansion, and re-establish them	123692
against appropriation item 652636, Community Medicaid Legacy	123693
Support. The re-established encumbrance amounts are hereby	123694
appropriated. Any business commenced but not completed under	123695
appropriation item 333635 by July 1, 2013, shall be completed	123696
under appropriation item 652636 in the same manner and with the	123697
same effect as if it were completed with regard to appropriation	123698
item 333635.	123699

Effective July 1, 2013, the Director of Budget and Management	123700
shall cancel any existing encumbrances against appropriation item	123701
038610, Medicaid, and re-establish them against appropriation item	123702
652609, Medicaid Legacy Costs Support. The re-established	123703
encumbrance amounts are hereby appropriated. Any business	123704
commenced but not completed under appropriation item 038610 by	123705
July 1, 2013, shall be completed under appropriation item 652609	123706
in the same manner and with the same effect as if it were	123707
completed with regard to appropriation item 038610.	123708

Effective July 1, 2013, the Director of Budget and Management	123709
shall cancel any existing encumbrances against appropriation item	123710
038604, Education and Conferences, and re-establish them against	123711
appropriation item 333640, Education and Conferences. The	123712
re-established encumbrance amounts are hereby appropriated. Any	123713
business commenced but not completed under appropriation item	123714
038604 by July 1, 2013, shall be completed under appropriation	123715
item 333640 in the same manner and with the same effect as if it	123716
were completed with regard to appropriation item 038604.	123717

Effective July 1, 2013, the Director of Budget and Management	123718
shall cancel any existing encumbrances against appropriation item	123719
038401, Treatment Services, and re-establish them against	123720
appropriation items 335421, Continuum of Care Services, 335422,	123721
Criminal Justice Services, and 335406, Prevention and Wellness.	123722
The re-established encumbrance amounts are hereby appropriated.	123723
Any business commenced but not completed under appropriation item	123724
038401 by July 1, 2013, shall be completed under appropriation	123725
items 335421, 335422, and 335406 in the same manner and with the	123726
same effect as if it were completed with regard to appropriation	123727
item 038401.	123728

Effective July 1, 2013, the Director of Budget and Management	123729
shall cancel any existing encumbrances against appropriation item	123730
335419, Community Medication Subsidy, and re-establish them	123731
against appropriation item 335421, Continuum of Care Services. The	123732
re-established encumbrance amounts are hereby appropriated. Any	123733
business commenced but not completed under appropriation item	123734
335419 by July 1, 2013, shall be completed under appropriation	123735
item 335421 in the same manner and with the same effect as if it	123736
were completed with regard to appropriation item 335419.	123737

Effective July 1, 2013, the Director of Budget and Management	123738
shall cancel any existing encumbrances against appropriation item	123739
335505, Local Mental Health Systems of Care, and re-establish them	123740
against appropriation item 335421, Continuum of Care Services. The	123741
re-established encumbrance amounts are hereby appropriated. Any	123742
business commenced but not completed under appropriation item	123743
335505 by July 1, 2013, shall be completed under appropriation	123744
item 335421 in the same manner and with the same effect as if it	123745
were completed with regard to appropriation item 335505.	123746

Effective July 1, 2013, the Director of Budget and Management	123747
shall cancel any existing encumbrances against appropriation item	123748
332401, Forensic Services, and re-establish them against	123749
appropriation item 335422, Criminal Justice Services. The	123750
re-established encumbrance amounts are hereby appropriated. Any	123751
business commenced but not completed under appropriation item	123752
332401 by July 1, 2013, shall be completed under appropriation	123753
item 335422 in the same manner and with the same effect as if it	123754
were completed with regard to appropriation item 332401.	123755

Effective July 1, 2013, the Director of Budget and Management	123756
shall cancel any existing encumbrances against appropriation item	123757
333403, Pre-Admission Screening Expenses, and re-establish them	123758
against appropriation item 652507, Medicaid Support. The	123759
re-established encumbrance amounts are hereby appropriated. Any	123760
business commenced but not completed under appropriation item	123761
333403 by July 1, 2013, shall be completed under appropriation	123762
item 652507 in the same manner and with the same effect as if it	123763
were completed with regard to appropriation item 333403.	123764

Effective July 1, 2013, the Director of Budget and Management	123765
shall cancel any existing encumbrances against appropriation item	123766
038900, Indigent Drivers Alcohol Treatment, and re-establish them	123767
against appropriation item 335900, Indigent Drivers Alcohol	123768
Treatment. The re-established encumbrance amounts are hereby	123769
appropriated. Any business commenced but not completed under	123770
appropriation item 038900 by July 1, 2013, shall be completed	123771
under appropriation item 335900 in the same manner and with the	123772
same effect as if it were completed with regard to appropriation	123773
item 038900.	123774

Effective July 1, 2013, the Director of Budget and Management	123775
shall cancel any existing encumbrances against appropriation item	123776
038404, Prevention Services, and re-establish them against	123777
appropriation item 335406, Prevention and Wellness. The	123778
re-established encumbrance amounts are hereby appropriated. Any	123779
business commenced but not completed under appropriation item	123780
038404 by July 1, 2013, shall be completed under appropriation	123781
item 335406 in the same manner and with the same effect as if it	123782
were completed with regard to appropriation item 038404.	123783

Section 327.20.10. Effective July 1, 2013, the Director of	123784
Mental Health and Addiction Services, with respect to all mental	123785
health and addiction facilities, programs, and services	123786
established and operated or provided under Chapter 340. of the	123787
Revised Code shall do all of the following:	123788

(A) To the extent the Director determines necessary, and	123789
after consultation with the boards of alcohol, drug addiction, and	123790
mental health services, develop and operate, or contract for the	123791
operation of, a community behavioral health information system or	123792
systems, and shall specify the information that must be provided	123793
by boards of alcohol, drug addiction, and mental health services	123794
for inclusion in the system or systems, which may include	123795
information on services provided in whole or in part under	123796
contract with a board, financial information regarding	123797
expenditures of federal, state, or local funds by boards, and	123798
information about persons served under contract with a board.	123799

(B)(1) Receive and review each board's community plan,	123800
budget, and statement of services to be made available, and	123801
approve or disapprove the plan, budget, and statement of services	123802
to be made available, and approve or disapprove the plan, budget,	123803
or statement of service in whole or in part.	123804

(2) The Department may withhold all or part of the funds	123805
allocated to a board if it disapproves all or part of a plan,	123806
budget, or statement of service.	123807

(3) Prior to a final decision to disapprove a plan, budget,	123808
or statement of services, or to withhold funds from a board, a	123809
representative of the Director shall meet with the board to	123810
discuss the reasons for the action and any corrective action that	123811
should be taken to make the plan, budget, or statement of services	123812
acceptable, and give the board a reasonable time in which to	123813
revise the plan, budget, or statement of services.	123814

(C) Establish procedures for the review of plans, budgets,	123815
and statements of services, and a timetable for submission and	123816
review. Boards of alcohol, drug addiction, and mental health	123817
services shall submit to the Department of Mental Health and	123818
Addiction Services the information, plans, budgets, and statements	123819
of services described above in accordance with the guidance or	123820
directives of the Department or Director. After notifying and	123821
consulting with relevant constituents, the Department of Mental	123822
Health and Addiction Services shall establish a methodology for	123823
allocating to boards of alcohol, drug addiction, and mental health	123824
services the funds appropriated by the General Assembly to the	123825
Department for the purpose of local mental health and addiction	123826
services continuums of care. Subject to existing provisions of law	123827
that permit the Director to withhold funds from alcohol, drug	123828
addiction, and mental health services for failure to comply with	123829
applicable sections of law, or for discriminating in making	123830
services available, and subject to a board's submission and	123831
approval of the required plan, budget, and statement of services	123832
described above, the Department shall allocate the funds to the	123833
boards in a manner consistent with the methodology and state and	123834
federal laws, rules, and regulations.	123835

Portions of appropriation items 333609, Central Office	123836
Operating, 333606, Demonstration Grants - Administration, 333612,	123837
Social Services Block Grant - Administration, 333613, Federal	123838
Grants - Administration, 333614, Mental Health Block Grant -	123839
Administration, 333618, Substance Abuse Block Grant -	123840
Administration, 333623, Statewide Treatment and Prevention -	123841
Administration, 333629, Problem Gambling and Casino Addictions -	123842
Administration, 333608, Federal Miscellaneous - Administration,	123843
333641, Problem Gambling Services - Administration, 335406,	123844
Prevention and Wellness, 335421, Continuum of Care Services,	123845
335422, Criminal Justice Services, 335604, Community Mental Health	123846
Projects, 335606, Demonstration Grants, 335612, Social Services	123847
Block Grant, 335613, Federal Grant - Community Mental Health	123848
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	123849
Health Care, 335618, Substance Abuse Block Grant, 335623,	123850
Statewide Treatment and Prevention, 335629, Problem Gambling and	123851
Casino Addictions, 335638, Race to the Top - Early Learning	123852
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	123853
may be used to pay for the Department and board functions	123854
enumerated above.	123855

Section 327.20.20. (A) Effective July 1, 2013, all records	123856
and reports, other than court journal entries or court docket	123857
entries, identifying a person and pertaining to the person's	123858
mental health condition, assessment, provision of care or	123859
treatment, or payment for assessment, care, or treatment that are	123860
maintained in connection with any services certified by the	123861
Department of Mental Health and Addiction Services, or any	123862
hospitals or facilities licensed or operated by the Department,	123863
shall be kept confidential and shall not be disclosed by any	123864
person, with the following exceptions:	123865

(1) If the person identified, or the person's legal guardian,	123866
if any, or if the person is a minor, the person's parent or legal	123867
guardian, consents.	123868

(2) When disclosure is provided for in Chapters 340., 5119.,	123869
or 5122., or in Title 47 of the Revised Code.	123870

(3) Hospitals, boards of alcohol, drug addiction, and mental	123871
health services, licensed facilities, and community mental health	123872
services providers may release necessary medical information to	123873
insurers and other third-party payers, including government	123874
entities responsible for processing and authorizing payment, to	123875
obtain payment for goods and services furnished to the person.	123876

(4) Pursuant to a court order signed by a judge;

123877

(5) A person shall be granted access to the person's own	123878
psychiatric and medical records unless access specifically is	123879
restricted in a person's treatment plan for clear treatment	123880
reasons.	123881

(6) The Department of Mental Health and Addiction Services	123882
may exchange psychiatric records and other pertinent information	123883
with community mental health services providers and boards of	123884
alcohol, drug addiction, and mental health services relating to	123885
the person's care or services. Records and information that may be	123886
exchanged pursuant to this division shall be limited to medication	123887
history, physical health status and history, financial status,	123888
summary of course of treatment in the hospital, summary of	123889
treatment needs, and a discharge summary, if any.	123890

(7) The Department of Mental Health and Addiction Services,	123891
hospitals, and community providers operated by the Department,	123892
hospitals licensed by the Department under section 5119.20	123893
(5119.33) of the Revised Code and community mental health services	123894
providers may exchange psychiatric records and other pertinent	123895
information with payers and other providers of treatment and	123896
health services if the purpose of the exchange is to facilitate	123897
continuity of care for the person or for the emergency treatment	123898
of the person.	123899

(8) The Department of Mental Health and Addiction Services	123900
and community mental health services providers may exchange	123901
psychiatric records and other pertinent information with boards of	123902
alcohol, drug addiction, and mental health services for purposes	123903
of any board function set forth in Chapter 340. of the Revised	123904
Code. Boards of alcohol, drug addiction, and mental health	123905
services shall not access or use any personal information from the	123906
Department or providers except as required or permitted by this	123907
section, or Chapters 340. and 5122. of the Revised Code for	123908
purposes related to payment, care coordination, health care	123909
operations, program and service evaluation, reporting activities,	123910
research, system administration, oversight, or other authorized	123911
purposes.	123912

(9) A person's family member who is involved in the	123913
provision, planning, and monitoring of services to the person may	123914
receive medication information, a summary of the person's	123915
diagnosis and prognosis, and a list of the services and personnel	123916
available to assist the person and the person's family, if the	123917
person's treatment provider determines that the disclosure would	123918
be in the best interests of the person. No such disclosure shall	123919
be made unless the person is notified first and receives the	123920
information and does not object to the disclosure.	123921

(10) Community mental health services providers may exchange	123922
psychiatric records and certain other information with the board	123923
of alcohol, drug addiction, and mental health services and other	123924
providers in order to provide services to a person involuntarily	123925
committed to a board. Release of records under this division shall	123926
be limited to medication history, physical health status and	123927
history, financial status, summary of course of treatment, summary	123928
of treatment needs, and discharge summary, if any.	123929

(11) Information may be disclosed to the executor or the	123930
administrator of an estate of a deceased person when the	123931
information is necessary to administer the estate.	123932

(12) Information may be disclosed to staff members of the	123933
appropriate board or to staff members designated by the Director	123934
of Mental Health and Addiction Services for the purpose of	123935
evaluating the quality, effectiveness, and efficiency of services	123936
and determining if the services meet minimum standards.	123937
Information obtained during such evaluations shall not be retained	123938
with the name of any person.	123939

(13) Records pertaining to the person's diagnosis, course of	123940
treatment, treatment needs, and prognosis shall be disclosed and	123941
released to the appropriate prosecuting attorney if the person was	123942
committed pursuant to section 2945.38, 2945.39, 2945.40, 2945.401,	123943
or 2945.402 of the Revised Code, or to the attorney designated by	123944
the board for proceedings pursuant to involuntary commitment under	123945
Chapter 5122. of the Revised Code.	123946

(14) The Department of Mental Health and Addiction Services	123947
may exchange psychiatric hospitalization records, other mental	123948
health treatment records, and other pertinent information with the	123949
Department of Rehabilitation and Correction and with the	123950
Department of Youth Services to ensure continuity of care for	123951
inmates and offenders who are receiving mental health services in	123952
an institution of the Department of Rehabilitation and Correction	123953
or the Department of Youth Services and may exchange psychiatric	123954
hospitalization records, other mental health treatment records,	123955
and other pertinent information with boards of alcohol, drug	123956
addiction, and mental health services and community mental health	123957
services providers to ensure continuity of care for inmates or	123958
offenders who are receiving mental health services in an	123959
institution and are scheduled for release within six months. The	123960
release of records under this division is limited to records	123961
regarding an inmate's or offender's medication history, physical	123962
health status and history, summary of course of treatment, summary	123963
of treatment needs, and a discharge summary, if any.	123964

(15) A community mental health services provider that ceases	123965
to operate may transfer to either a community mental health	123966
services provider that assumes its caseload or to the board of	123967
alcohol, drug addiction, and mental health services of the service	123968
district in which the person resided at the time services were	123969
most recently provided any treatment records that have not been	123970
transferred elsewhere at the person's request.	123971

(B) Before records are disclosed pursuant to divisions	123972
(A)(3), (6), or (10) of this section, the custodian of the records	123973
shall attempt to obtain the consent of the person in question for	123974
the disclosure.	123975

(C) No person shall reveal the content of a medical record of	123976
a person except as authorized by the law.	123977

(D) Portions of appropriation items 333321, Central	123978
Administration, 333416, Research Program Evaluation, 333605,	123979
Medicaid/Medicare - Refunds, 333606, Demonstration Grants -	123980
Administration, 333608, Federal Miscellaneous - Administration,	123981
333609, Central Office Opening, 333611, Non-Federal Miscellaneous,	123982
333612, Social Services Block Grant - Administration, 333613,	123983
Federal Grants - Administration, 333614, Mental Health Block Grant	123984
- Administration, 333618, Substance Abuse Block Grant -	123985
Administration, 333621, Family and Children First Administration,	123986
333623, Statewide Treatment and Prevention - Administration,	123987
333629, Problem Gambling and Casino Addictions - Administration,	123988
333632, Mental Health Operating - Refunds, 333608, Federal	123989
Miscellaneous - Administration, 333640, Education and Conferences,	123990
333641, Problem Gambling Services - Administration, 333639,	123991
Administrative Reimbursement, 334605, Medicaid/Medicare -	123992
Hospitals, 334608, Federal Miscellaneous - Hospitals, 334609,	123993
Hospital - Operating Expenses, 334613, Federal Letter of Credit,	123994
334620, Special Education, 334632, Mental Health Operating -	123995
Hospitals, 335405, Family and Children First, 335406, Prevention	123996
and Wellness, 335421, Continuum of Care Services, 335422, Criminal	123997
Justice Services, 335604, Community Mental Health Projects,	123998
335506, Residential State Supplement, 335608, Federal	123999
Miscellaneous, 335606, Demonstration Grants, 335612, Social	124000
Services Block Grant, 335613, Federal Grant - Community Mental	124001
Health Subsidy, 335614, Mental Health Block Grant, 335615,	124002
Behavioral Health Care, 335618, Substance Abuse Block Grant,	124003
335623, Statewide Treatment and Prevention, 335629, Problem	124004
Gambling and Casino Addictions, 335638, Race to the Top - Early	124005
Learning Challenge Grant, 335900, Indigent Drivers Alcohol	124006
Treatment, 336601, Office of Support Services, 652609, Medicaid	124007
Legacy Costs Support, 652635, Community Medicaid Legacy Costs, and	124008
652636, Community Medicaid Legacy Support, may be used to pay for	124009
the Department and community mental health system functions that	124010
operate under the confidentiality provisions enumerated above.	124011

Section 327.20.30. Effective July 1, 2013, the Director of	124012
Mental Health and Addiction Services may adopt rules pursuant to	124013
Chapter 119. of the Revised Code governing licensure and operation	124014
of residential facilities, that include procedures for conducting	124015
criminal records checks for operators, employees, and volunteers	124016
who have direct access to facility residents.	124017

Portions of appropriation items 334506, Court Costs, 335406,	124018
Prevention and Wellness, 335421, Continuum of Care Services,	124019
335614, Mental Health Block Grant, 335506, Residential State	124020
Supplement, 335615, Behavioral Health Care, 335618, Substance	124021
Abuse Block Grant, 335623, Statewide Treatment and Prevention, and	124022
335900, Indigent Drivers Alcohol Treatment, may be used to pay for	124023
these regulated activities.	124024

Section 327.20.40. Effective July 1, 2013, to the extent	124025
funds are available and on application of boards of alcohol, drug	124026
addiction, and mental health services, the Director of Mental	124027
Health and Addiction Services may approve state reimbursement of,	124028
or state grants for, community construction programs, including	124029
residential housing for severely mentally disabled persons and	124030
persons with substance use disorders. The Director may also	124031
approve an application for reimbursement or a grant for such	124032
programs submitted by other governmental entities or by private,	124033
nonprofit organizations after the board of alcohol, drug	124034
addiction, and mental health services has reviewed and approved	124035
the application and the application is consistent with the plan,	124036
budget, and statement of services submitted and approved by the	124037
Department. The Director shall adopt rules in accordance with	124038
Chapter 119. of the Revised Code that specify procedures for	124039
applying for state reimbursement and for state grants for	124040
community construction programs, including residential housing for	124041
severely mentally disabled persons and persons with substance use	124042
disorders.	124043

Portions of appropriation item 335616, Community Capital	124044
Replacement, may be used to pay for the Department functions	124045
enumerated above.	124046

Section 327.20.50. Effective July 1, 2013, the Department of	124047
Mental Health and Addiction Services shall collect information	124048
about services delivered and persons served as required for	124049
reporting and evaluation relating to state and federal funds	124050
expended for such purposes. No alcohol, drug addiction, or mental	124051
health program, agency, or services provider shall fail to supply	124052
statistics or other information within its knowledge and with	124053
respect to its programs or services upon the request of the	124054
department.	124055

Portions of appropriation items 333321, Central	124056
Administration, 333609 Central Office Operating, 333606,	124057
Demonstration Grants - Administration, 333612, Social Services	124058
Block Grant - Administration, 333613, Federal Grants -	124059
Administration, 333614, Mental Health Block Grant -	124060
Administration, 333618, Substance Abuse Block Grant -	124061
Administration, 333623, Statewide Treatment and Prevention -	124062
Administration, 333629, Problem Gambling and Casino Addictions -	124063
Administration, 333608, Federal Miscellaneous - Administration,	124064
333641, Problem Gambling Services - Administration, 335406,	124065
Prevention and Wellness, 335421, Continuum of Care Services,	124066
335422, Criminal Justice Services, 335604, Community Mental Health	124067
Projects, 335606, Demonstration Grants, 335612, Social Services	124068
Block Grant, 335613, Federal Grant - Community Mental Health	124069
Subsidy, 335614, Mental Health Block Grant, 335615, Behavioral	124070
Health Care, 335618, Substance Abuse Block Grant, 335623,	124071
Statewide Treatment and Prevention, 335629, Problem Gambling and	124072
Casino Addictions, 335638, Race to the Top - Early Learning	124073
Challenge Grant, and 335900, Indigent Drivers Alcohol Treatment,	124074
652609, Medicaid Legacy Costs Support, and 652636, Community	124075
Medicaid Legacy Support, may be used to pay for the Department	124076
information collection and reporting functions enumerated above.	124077

Section 327.20.60. The Department of Mental Health and	124078
Addiction Services shall administer specified Medicaid services as	124079
delegated by the State's single agency responsible for the	124080
Medicaid program. Effective July 1, 2013, the Department shall use	124081
appropriation item 652507, Medicaid Support, to fund the	124082
Medicaid-related services and supports performed by the	124083
Department.	124084

Section 327.30. RESIDENT TRAINEES

124085

The foregoing appropriation item 333402, Resident Trainees,	124086
shall be used to fund training agreements entered into by the	124087
Director of Mental Health and Addiction Services for the	124088
development of curricula and the provision of training programs to	124089
support public mental health services.	124090

Section 327.40. LEASE-RENTAL PAYMENTS

124091

The foregoing appropriation item 333415, Lease-Rental	124092
Payments, shall be used to meet all payments at the times they are	124093
required to be made during the period from July 1, 2013, through	124094
June 30, 2015, by the Department of Mental Health and Addiction	124095
Services under leases and agreements made under section 154.20 of	124096
the Revised Code. These appropriations are the source of funds	124097
pledged for bond service charges on obligations issued pursuant to	124098
Chapter 154. of the Revised Code.	124099

Section 327.50. HOSPITAL SERVICES

124100

The foregoing appropriation item 334412, Hospital Services,	124101
shall be used for the operation of the State Regional Psychiatric	124102
Hospitals, including, but not limited to, all aspects involving	124103
civil and forensic commitment, treatment, and discharge as	124104
determined by the Director of Mental Health and Addiction	124105
Services. A portion of this appropriation may be used by the	124106
Department of Mental Health and Addiction Services to create,	124107
purchase, or contract for the custody, supervision, control, and	124108
treatment of persons committed to the Department of Mental Health	124109
and Addiction Services in other clinically appropriate	124110
environments, consistent with public safety.	124111

Section 327.60. CONTINUUM OF CARE SERVICES

124112

The foregoing appropriation item 335421, Continuum of Care	124113
Services, shall be used as follows:	124114

(A) A portion of this appropriation may be allocated to	124115
community alcohol, drug addiction, and mental health services	124116
boards in accordance with a distribution methodology determined by	124117
the Director of Mental Health and Addiction Services:	124118

(1) For the boards to purchase mental health and addiction	124119
services permitted under Chapter 340. of the Revised Code;	124120

(2) To provide subsidized support for psychotropic medication	124121
needs of indigent citizens in the community to reduce unnecessary	124122
hospitalization due to lack of medication; and	124123

(3) To provide subsidized support for medication assisted	124124
treatment costs.	124125

(B) A portion of this appropriation may be distributed to	124126
community alcohol, drug addiction, and mental health services	124127
boards, community addiction and/or mental health services	124128
providers, courts, or other governmental entities to provide	124129
specific grants in support of mental health and addiction services	124130
initiatives.	124131

Section 327.70. CRIMINAL JUSTICE SERVICES

124132

The foregoing appropriation item 335422, Criminal Justice	124133
Services, shall be used to provide forensic psychiatric	124134
evaluations to courts of common pleas and to conduct evaluations	124135
of patients of forensic status in facilities operated or	124136
designated by the Department of Mental Health and Addiction	124137
Services prior to conditional release to the community. A portion	124138
of this appropriation may be allocated through community alcohol,	124139
drug addiction, and mental health services boards to community	124140
addiction and/or mental health services providers in accordance	124141
with a distribution methodology as determined by the Director of	124142
Mental Health and Addiction Services.	124143

Appropriation item 335422, Criminal Justice Services, may	124144
also be used to:	124145

(A) Provide forensic monitoring and tracking of individuals	124146
on conditional release;	124147

(B) Provide forensic training;

124148

(C) Support projects that assist courts and law enforcement	124149
to identify and develop appropriate alternative services to	124150
incarceration for nonviolent mentally ill offenders;	124151

(D) Provide specialized re-entry services to offenders	124152
leaving prisons and jails;	124153

(E) Provide specific grants in support of addiction services	124154
alternatives to incarceration;	124155

(F) Support specialty dockets; and

124156

(G) Support therapeutic communities.

124157

Section 327.80. COMMUNITY INNOVATIONS

124158

The foregoing appropriation item 335504, Community	124159
Innovations, may be used by the Department of Mental Health and	124160
Addiction Services to make targeted investments in programs,	124161
projects, or systems operated by or under the authority of other	124162
state agencies, governmental entities, or private not-for-profit	124163
agencies that impact, or are impacted by, the operations and	124164
functions of the Department, with the goal of achieving a net	124165
reduction in expenditure of state general revenue funds and/or	124166
improved outcomes for Ohio citizens without a net increase in	124167
state general revenue fund spending.	124168

The Director shall identify and evaluate programs, projects,	124169
or systems proposed or operated, in whole or in part, outside of	124170
the authority of the Department, where targeted investment of	124171
these funds in the program, project, or system is expected to	124172
decrease demand for the Department or other resources funded with	124173
state general revenue funds, and/or to measurably improve outcomes	124174
for Ohio citizens with mental illness or with alcohol, drug, or	124175
gambling addictions. The Director shall have discretion to	124176
transfer money from the appropriation item to other state	124177
agencies, governmental entities, or private not-for-profit	124178
agencies in amounts, and subject to conditions, that the Director	124179
determines most likely to achieve state savings and/or improved	124180
outcomes. Distribution of moneys from this appropriation item	124181
shall not be subject to sections 9.23 to 9.239 or Chapter 125. of	124182
the Revised Code.	124183

The Department shall enter into an agreement with each	124184
recipient of community innovation funds, identifying: allowable	124185
expenditure of the funds; other commitment of funds or other	124186
resources to the program, project, or system; expected state	124187
savings and/or improved outcomes and proposed mechanisms for	124188
measurement of such savings or outcomes; and required reporting	124189
regarding expenditure of funds and savings or outcomes achieved.	124190

The foregoing appropriation item 335504, Community	124191
Innovations, may also be used by the Department to make payments	124192
to the Opportunities for Ohioans with Disabilities Agency for	124193
vocational rehabilitation services to individuals receiving mental	124194
health or addiction services paid for with public dollars.	124195

Section 327.90. COMMUNITY OPERATING/PLANNING

124196

Appropriation item 335609, Community Operating/Planning, may	124197
be used by the Department of Mental Health and Addiction Services	124198
to make payments to the Opportunities for Ohioans with	124199
Disabilities Agency for vocational rehabilitation services to	124200
individuals receiving mental health or addiction services paid for	124201
with public dollars.	124202

In addition, appropriation item 335609, Community	124203
Operating/Planning, may be used by the Department to make	124204
incentive payments to operators of residential facilities that are	124205
licensed by the Department of Mental Health and Addiction Services	124206
and provide accommodations and personal care services for one or	124207
two unrelated adults or accommodations, supervision, and personal	124208
care services for three to sixteen unrelated adults. The incentive	124209
payments shall be granted based upon operators demonstrating	124210
linkage between their facilities' residents and community	124211
resources, based on the residents' needs including, but not	124212
limited to, aged, mental health, and physical health issues. The	124213
financial incentive shall be used to support community living for	124214
individuals with a disability or who are aged, and to assist with	124215
costs arising from facility operations.	124216

Appropriation item 335609, Community Operating/Planning, may	124217
also be used by the Department to support non-Medicaid program	124218
costs for individuals moving into community settings.	124219

Section 327.100. RESIDENTIAL STATE SUPPLEMENT

124220

(A) As used in this section:

124221

(1) "Residential facility" means a facility licensed by the	124222
Department of Mental Health and Addiction Services under section	124223
5119.34 of the Revised Code.	124224

(2) "Residential care facility" means a facility licensed by	124225
the Director of Health under Chapter 3721. of the Revised Code or	124226
by a political subdivision certified under section 3721.09 of the	124227
Revised Code.	124228

(B) The foregoing appropriation item 335506, Residential	124229
State Supplement, may be used by the Department of Mental Health	124230
and Addiction Services to provide training for residential	124231
facilities providing accommodations, supervision, and personal	124232
care services to three to sixteen unrelated adults with mental	124233
illness, to transfer cash to the Nursing Home Franchise Permit Fee	124234
Fund (Fund 5R20) used by the Department of Job and Family	124235
Services, and to make benefit payments to residential state	124236
supplement recipients.	124237

(C) Under the Residential State Supplement Program, the	124238
amount used to determine whether a resident is eligible for	124239
payment, and for determining the amount per month the eligible	124240
resident will receive, shall be as follows:	124241

(1) $927 for a residential care facility;

124242

(2) $927 for a residential facility that provides	124243
accommodations, supervision, and personal care services for six to	124244
sixteen unrelated adults as described in section 5119.34 of the	124245
Revised Code;	124246

(3) $824 for a residential facility that provides	124247
accommodations, supervision, and personal care services for one or	124248
two unrelated adults as described in division (A)(9)(b)(ii) of	124249
section 5119.34 of the Revised Code;	124250

(4) $824 for a residential facility providing accommodations,	124251
supervision, and personal care services to three to five unrelated	124252
adults, as described in section 5119.34 of the Revised Code;	124253

(5) $824 for a residential facility that provides	124254
accommodations, supervision, and personal care services for one or	124255
two unrelated persons with mental illness or persons with severe	124256
mental disabilities who are referred by or are receiving mental	124257
health services from a community mental health services provider	124258
or a hospital, as described in division (A)(9)(b)(i) of section	124259
5119.34 of the Revised Code;	124260

(6) $618 for community mental health housing services, as	124261
described in division (D)(1)(c) of section 5119.41 of the Revised	124262
Code.	124263

The Department of Mental Health and Addiction Services shall	124264
reflect these amounts in any applicable rules the Department	124265
adopts under section 5119.41 of the Revised Code.	124266

(D) The Department of Mental Health and Addiction Services	124267
shall, with the input of stakeholders and impacted state agencies,	124268
conduct a review of the state and federal rules and statutes	124269
governing the Residential State Supplement Program and report on	124270
potential improvements to be made in governing the program not	124271
later than January 1, 2014.	124272

Section 327.110. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	124273
POOL	124274

A county family and children first council may establish and	124275
operate a flexible funding pool in order to assure access to	124276
needed services by families, children, and older adults in need of	124277
protective services. The operation of the flexible funding pools	124278
shall be subject to the following restrictions:	124279

(A) The county council shall establish and operate the	124280
flexible funding pool in accordance with formal guidance issued by	124281
the Family and Children First Cabinet Council;	124282

(B) The county council shall produce an annual report on its	124283
use of the pooled funds. The annual report shall conform to a	124284
format prescribed in the formal guidance issued by the Family and	124285
Children First Cabinet Council;	124286

(C) Unless otherwise restricted, funds transferred to the	124287
flexible funding pool may include state general revenues allocated	124288
to local entities to support the provision of services to families	124289
and children;	124290

(D) The amounts transferred to the flexible funding pool	124291
shall be limited to amounts that can be redirected without	124292
impairing the achievement of the objectives for which the initial	124293
allocation is designated; and	124294

(E) Each amount transferred to the flexible funding pool from	124295
a specific allocation shall be approved for transfer by the	124296
director of the local agency that was the original recipient of	124297
the allocation.	124298

Section 329.10. MIH COMMISSION ON MINORITY HEALTH

124299

General Revenue Fund	124300

GRF	149321	Operating Expenses	$	581,490	$	591,615	124301
GRF	149501	Minority Health Grants	$	889,100	$	878,975	124302
GRF	149502	Lupus Program	$	110,047	$	110,047	124303
TOTAL GRF General Revenue Fund			$	1,580,637	$	1,580,637	124304

Federal Special Revenue Fund Group	124305

3J90	149602	Federal Grants	$	140,000	$	140,000	124306
TOTAL FED Federal Special Revenue							124307
Fund Group			$	140,000	$	140,000	124308

State Special Revenue Fund Group	124309

4C20	149601	Minority Health Conference	$	25,000	$	25,000	124310
TOTAL SSR State Special Revenue							124311
Fund Group			$	25,000	$	25,000	124312
TOTAL ALL BUDGET FUND GROUPS			$	1,745,637	$	1,745,637	124313

Section 331.10. CRB MOTOR VEHICLE REPAIR BOARD

124315

General Services Fund Group	124316

4K90	865601	Operating Expenses	$	487,592	$	484,292	124317
TOTAL GSF General Services							124318
Fund Group			$	487,592	$	484,292	124319
TOTAL ALL BUDGET FUND GROUPS			$	487,592	$	484,292	124320

Section 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

124322

General Revenue Fund	124323

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	124324
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	124325
GRF	725456	Canal Lands	$	135,000	$	135,000	124326
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	124327
GRF	725505	Healthy Lake Erie Fund	$	350,000	$	200,000	124328
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	124329
GRF	725508	Oil and Gas Program	$	7,200,000	$	7,350,000	124330
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	25,443,000	124331
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	124332
GRF	728321	Division of Geological Survey	$	800,000	$	800,000	124333
GRF	729321	Office of Information Technology	$	177,405	$	177,405	124334
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	124335
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	124336
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	124337
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	124338
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	124339
TOTAL GRF General Revenue Fund			$	105,180,489	$	108,618,536	124340

General Services Fund Group	124341

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	124342
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	124343
2040	725687	Information Services	$	5,179,097	$	5,288,168	124344
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	124345
2070	725690	Real Estate Services	$	50,000	$	50,000	124346
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	124347
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	124348
4300	725671	Canal Lands	$	883,879	$	883,879	124349
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	124350
4X80	725662	Water Resources Council	$	138,005	$	138,005	124351
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	124352
5160	725620	Water Management	$	2,559,292	$	2,559,292	124353
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	124354
6970	725670	Submerged Lands	$	852,982	$	869,145	124355
TOTAL GSF General Services							124356
Fund Group			$	25,457,857	$	25,451,293	124357

Federal Special Revenue Fund Group	124358

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	124359
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	124360
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	124361
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	124362
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	124363
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	124364
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	124365
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	124366
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	124367
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	124368
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	124369
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	124370
TOTAL FED Federal Special Revenue							124371
Fund Group			$	28,386,819	$	28,048,201	124372

State Special Revenue Fund Group	124373

4J20	725628	Injection Well Review	$	128,466	$	128,466	124374
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	124375
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	124376
5090	725602	State Forest	$	6,873,330	$	6,880,158	124377
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	124378
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	124379
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	124380
5180	725643	Oil and Gas Permit Fees	$	12,812,311	$	13,140,201	124381
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	124382
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	124383
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	124384
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	124385
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	124386
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	124387
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	124388
5B30	725674	Mining Regulation	$	28,135	$	28,135	124389
5BV0	725683	Soil and Water Districts	$	8,250,000	$	8,250,000	124390
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	124391
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	124392
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	124393
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	124394
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	124395
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	124396
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	124397
5MW0	725604	Natural Resources Special Purposes	$	6,000,000	$	6,000,000	124398
6150	725661	Dam Safety	$	943,517	$	943,517	124399
TOTAL SSR State Special Revenue							124400
Fund Group			$	75,965,753	$	77,089,464	124401

Clean Ohio Conservation Fund Group	124402

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		124403
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		124404

Wildlife Fund Group	124405

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	124406
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	124407
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	124408
8160	725649	Wetlands Habitat	$	966,885	$	966,885	124409
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	124410
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	124411
8190	725685	Ohio River Management	$	203,584	$	203,584	124412
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	124413
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	124414

Waterways Safety Fund Group	124415

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	124416
7086	725418	Buoy Placement	$	52,182	$	52,182	124417
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	124418
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	124419
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	124420
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	124421
TOTAL WSF Waterways Safety Fund							124422
Group			$	26,276,019	$	26,106,019	124423

Accrued Leave Liability Fund Group	124424

4M80	725675	FOP Contract	$	20,219	$	20,219	124425
TOTAL ALF Accrued Leave							124426
Liability Fund Group			$	20,219	$	20,219	124427

Holding Account Redistribution Fund Group	124428

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	124429
R043	725624	Forestry	$	2,100,000	$	2,100,000	124430
TOTAL 090 Holding Account							124431
Redistribution Fund Group			$	2,596,263	$	2,596,263	124432
TOTAL ALL BUDGET FUND GROUPS			$	329,641,676	$	334,297,664	124433

Section 333.20. CENTRAL SUPPORT INDIRECT

124435

With the exception of the Division of Wildlife, whose direct	124436
and indirect central support charges shall be paid out of the	124437
General Revenue Fund from the foregoing appropriation item 725401,	124438
Wildlife-GRF Central Support, the Department of Natural Resources,	124439
with approval of the Director of Budget and Management, shall	124440
utilize a methodology for determining each division's payments	124441
into the Central Support Indirect Fund (Fund 1570). The	124442
methodology used shall contain the characteristics of	124443
administrative ease and uniform application in compliance with	124444
federal grant requirements. It may include direct cost charges for	124445
specific services provided. Payments to Fund 1570 shall be made	124446
using an intrastate transfer voucher.	124447

Section 333.30. LEASE RENTAL PAYMENTS

124448

The foregoing appropriation item 725413, Lease Rental	124449
Payments, shall be used to meet all payments at the times they are	124450
required to be made during the period from July 1, 2013, through	124451
June 30, 2015, by the Department of Natural Resources pursuant to	124452
leases and agreements made under section 154.22 of the Revised	124453
Code. These appropriations are the source of funds pledged for	124454
bond service charges on related obligations issued under Chapter	124455
154. of the Revised Code.	124456

CANAL LANDS

124457

The foregoing appropriation item 725456, Canal Lands, shall	124458
be used to provide operating expenses for the State Canal Lands	124459
Program.	124460

HEALTHY LAKE ERIE FUND

124461

Of the foregoing appropriation item 725505, Healthy Lake Erie	124462
Fund, up to $350,000 in fiscal year 2014 and up to $200,000 in	124463
fiscal year 2015 shall be used by the Director of Natural	124464
Resources, in consultation with the Director of Agriculture and	124465
the Director of Environmental Protection, to implement	124466
nonstatutory recommendations of the Agriculture Nutrients and	124467
Water Quality Working Group. The Director shall give priority to	124468
recommendations that encourage farmers to adopt agricultural	124469
production guidelines commonly known as 4R nutrient stewardship	124470
practices. Funds may also be used for enhanced soil testing in the	124471
Western Lake Erie Basin, monitoring the quality of Lake Erie and	124472
its tributaries, and conducting research and establishing pilot	124473
projects that have the goal of reducing algae blooms in Lake Erie.	124474

COAL AND MINE SAFETY PROGRAM

124475

The foregoing appropriation item 725507, Coal and Mine Safety	124476
Program, shall be used for the administration of the Mine Safety	124477
Program and the Coal Regulation Program.	124478

OIL AND GAS PROGRAM

124479

The foregoing appropriation item 725508, Oil and Gas Program,	124480
shall be used for the Oil and Gas Program.	124481

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

124482

The foregoing appropriation item 725903, Natural Resources	124483
General Obligation Debt Service, shall be used to pay all debt	124484
service and related financing costs during the period July 1,	124485
2013, through June 30, 2015, on obligations issued under sections	124486
151.01 and 151.05 of the Revised Code.	124487

Section 333.40. WELL LOG FILING FEES

124488

The Chief of the Division of Soil and Water Resources shall	124489
deposit fees forwarded to the Division pursuant to section 1521.05	124490
of the Revised Code into the Departmental Services – Intrastate	124491
Fund (Fund 1550) for the purposes described in that section.	124492

Section 333.50. HUMAN RESOURCES DIRECT SERVICE

124493

The foregoing appropriation item 725696, Human Resources	124494
Direct Service, shall be used to cover the cost of support,	124495
coordination, and oversight of the Department of Natural	124496
Resources' human resources functions. The Human Resources	124497
Chargeback Fund (Fund 2050) shall consist of cash transferred to	124498
it via intrastate transfer voucher from other funds as determined	124499
by the Director of Natural Resources and the Director of Budget	124500
and Management.	124501

Section 333.60. LAW ENFORCEMENT ADMINISTRATION

124502

The foregoing appropriation item 725665, Law Enforcement	124503
Administration, shall be used to cover the cost of support,	124504
coordination, and oversight of the Department of Natural	124505
Resources' law enforcement functions. The Law Enforcement	124506
Administration Fund (Fund 2230) shall consist of cash transferred	124507
to it via intrastate transfer voucher from other funds as	124508
determined by the Director of Natural Resources and the Director	124509
of Budget and Management.	124510

Section 333.70. FOUNTAIN SQUARE AND ODNR GROUNDS AT THE OHIO	124511
EXPO CENTER	124512

The foregoing appropriation item 725664, Fountain Square	124513
Facilities Management, shall be used for payment of repairs,	124514
renovation, utilities, property management, and building	124515
maintenance expenses for the Fountain Square complex and the	124516
Department of Natural Resources grounds at the Ohio Expo Center.	124517
Cash transferred by intrastate transfer vouchers from various	124518
department funds and rental income received by the Department of	124519
Natural Resources shall be deposited into the Fountain Square	124520
Facilities Management Fund (Fund 6350).	124521

Section 333.80. SOIL AND WATER DISTRICTS

124522

In addition to state payments to soil and water conservation	124523
districts authorized by section 1515.10 of the Revised Code, the	124524
Department of Natural Resources may use appropriation item 725683,	124525
Soil and Water Districts, to pay any soil and water conservation	124526
district an annual amount not to exceed $40,000, upon receipt of a	124527
request and justification from the district and approval by the	124528
Ohio Soil and Water Conservation Commission. The county auditor	124529
shall credit the payments to the special fund established under	124530
section 1515.10 of the Revised Code for the local soil and water	124531
conservation district. Moneys received by each district shall be	124532
expended for the purposes of the district.	124533

OIL AND GAS WELL PLUGGING

124534

The foregoing appropriation item 725677, Oil and Gas Well	124535
Plugging, shall be used exclusively for the purposes of plugging	124536
wells and to properly restore the land surface of idle and orphan	124537
oil and gas wells pursuant to section 1509.071 of the Revised	124538
Code. No funds from the appropriation item shall be used for	124539
salaries, maintenance, equipment, or other administrative	124540
purposes, except for those costs directly attributed to the	124541
plugging of an idle or orphan well. This appropriation item shall	124542
not be used to transfer cash to any other fund or appropriation	124543
item.	124544

Section 333.90. CLEAN OHIO OPERATING EXPENSES

124545

The foregoing appropriation item 725405, Clean Ohio	124546
Operating, shall be used by the Department of Natural Resources in	124547
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	124548
to section 1519.05 of the Revised Code.	124549

Section 333.100. WATERCRAFT MARINE PATROL

124550

Of the foregoing appropriation item 739401, Division of	124551
Watercraft, up to $200,000 in each fiscal year shall be expended	124552
for the purchase of equipment for marine patrols qualifying for	124553
funding from the Department of Natural Resources pursuant to	124554
section 1547.67 of the Revised Code. Proposals for equipment shall	124555
accompany the submission of documentation for receipt of a marine	124556
patrol subsidy pursuant to section 1547.67 of the Revised Code and	124557
shall be loaned to eligible marine patrols pursuant to a	124558
cooperative agreement between the Department of Natural Resources	124559
and the eligible marine patrol.	124560

Section 333.110. PARKS CAPITAL EXPENSES FUND

124561

The Director of Natural Resources shall submit to the	124562
Director of Budget and Management the estimated design,	124563
engineering, and planning costs of capital-related work to be done	124564
by Department of Natural Resources staff for parks projects within	124565
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	124566
Director of Budget and Management approves the estimated costs,	124567
the Director may release appropriations from appropriation item	124568
C725E6, Project Planning, Fund 7035, for those purposes. Upon	124569
release of the appropriations, the Department of Natural Resources	124570
shall pay for these expenses from the Parks Capital Expenses Fund	124571
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	124572
Fund 7035 using an intrastate transfer voucher.	124573

NATUREWORKS CAPITAL EXPENSES FUND

124574

The Department of Natural Resources shall periodically	124575
prepare and submit to the Director of Budget and Management the	124576
estimated design, planning, and engineering costs of	124577
capital-related work to be done by Department of Natural Resources	124578
staff for each capital improvement project within the Ohio Parks	124579
and Natural Resources Fund (Fund 7031). If the Director of Budget	124580
and Management approves the estimated costs, the Director may	124581
release appropriations from appropriation item C725E5, Project	124582
Planning, in Fund 7031, for those purposes. Upon release of the	124583
appropriations, the Department of Natural Resources shall pay for	124584
these expenses from the Capital Expenses Fund (Fund 4S90).	124585
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	124586
using an intrastate transfer voucher.	124587

Section 333.120. ELIMINATION OF DORMANT FUNDS

124588

The following funds are hereby abolished and the fund names	124589
and fund numbers shall be stricken from the list of funds falling	124590
within the jurisdiction of the Department of Natural Resources:	124591

Fund Number	Fund Name	124592
1580	Reprint and Replacement - Intrastate	124593
1610	Parks and Recreation Depreciation Reserve	124594
1620	Civilian Conservation Corps Earned Revenues	124595
2060	General Services	124596
5080	Natural Resources Publications and Promotions	124597
5190	Burr Oak Water Plant	124598
5250	Reclamation Forfeiture	124599
5300	Surface Mining Reclamation	124600
8800	Cooperative Boat Harbor Project	124601
4B80	Forestry Development	124602
5F90	Flood Reimbursement	124603
81A0	Wildlife Education	124604
R029	Reclamation Fee	124605
R030	Surface Mining Reclamation Fee	124606
R040	Wildlife Refunds	124607
3280	Federal Special Revenue	124608
3P00	Natural Areas and Preserves - Federal	124609
5K10	Urban Forestry Grant	124610
5150	Conservancy District Organization	124611
6300	Wild Animal	124612
3CH0	Mined Land Set Aside	124613

TRANSFER OF ELIMINATED DORMANT FUNDS

124614

The Watercraft Revolving Loan Fund (Fund 5AW0) is hereby	124615
abolished. Any balance remaining in the fund as of July 1, 2013,	124616
shall be transferred into the Waterways Safety Fund (Fund 7086)	124617
and appropriated to appropriation item 739401, Division of	124618
Watercraft.	124619

The Division of Forestry Law Enforcement Fund (Fund 5EJ0) and	124620
the Division of Natural Areas and Preserves Law Enforcement Fund	124621
(Fund 5EK0) are hereby abolished. Any balance remaining in these	124622
funds as of July 1, 2013, shall be transferred into the Park Law	124623
Enforcement Fund (Fund 5EM0) and appropriated to appropriation	124624
item 725613, Park Law Enforcement.	124625

Section 335.10. NUR STATE BOARD OF NURSING

124626

General Services Fund Group	124627

4K90	884609	Operating Expenses	$	7,181,743	$	7,273,978	124628
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	124629
5P80	884601	Nursing Special Issues	$	2,000	$	2,000	124630
TOTAL GSF General Services							124631
Fund Group			$	8,557,249	$	8,649,484	124632
TOTAL ALL BUDGET FUND GROUPS			$	8,557,249	$	8,649,484	124633

Section 337.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	124635
AND ATHLETIC TRAINERS BOARD	124636

General Services Fund Group	124637

4K90	890609	Operating Expenses	$	866,169	$	925,897	124638
TOTAL GSF General Services Fund Group			$	866,169	$	925,897	124639
TOTAL ALL BUDGET FUND GROUPS			$	866,169	$	925,897	124640

Section 339.10. OLA OHIOANA LIBRARY ASSOCIATION

124642

General Revenue Fund	124643

GRF	355501	Library Subsidy	$	135,000	$	140,000	124644
TOTAL GRF General Revenue Fund			$	135,000	$	140,000	124645
TOTAL ALL BUDGET FUND GROUPS			$	135,000	$	140,000	124646

Section 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH	124648
DISABILITIES AGENCY	124649

General Revenue Fund	124650

GRF	415402	Independent Living Council	$	252,000	$	252,000	124651
GRF	415406	Assistive Technology	$	26,618	$	26,618	124652
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	124653
GRF	415506	Services for People with Disabilities	$	15,277,885	$	15,277,885	124654
GRF	415508	Services for the Deaf	$	28,000	$	28,000	124655
GRF	415510	Telephone and Radio Reading Services	$	245,000	$	245,000	124656
TOTAL GRF General Revenue Fund			$	15,956,070	$	15,956,070	124657

General Services Fund Group	124658

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	124659
TOTAL GSF General Services							124660
Fund Group			$	962,538	$	965,481	124661

Federal Special Revenue Fund Group	124662

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	124663
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	124664
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	124665
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	124666
3L10	415608	Social Security Special Programs/Assistance	$	445,258	$	498,269	124667
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	124668
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	124669
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	124670
TOTAL FED Federal Special							124671
Revenue Fund Group			$	207,833,606	$	205,179,120	124672

State Special Revenue Fund Group	124673

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	124674
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	124675
4W50	415606	Program Management Expenses	$	12,369,751	$	12,594,758	124676
TOTAL SSR State Special							124677
Revenue Fund Group			$	26,871,919	$	27,096,926	124678
TOTAL ALL BUDGET FUND GROUPS			$	251,624,133	$	249,197,597	124679

For purposes of the appropriations established in Section	124680
340.10 of this act, the Opportunities for Ohioans with	124681
Disabilities Agency shall have the same meaning as the	124682
Rehabilitation Services Commission.	124683

INDEPENDENT LIVING COUNCIL

124684

The foregoing appropriation item 415402, Independent Living	124685
Council, shall be used to fund the operations of the State	124686
Independent Living Council and to support state independent living	124687
centers and independent living services under Title VII of the	124688
Independent Living Services and Centers for Independent Living of	124689
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	124690
U.S.C. 796d.	124691

Of the foregoing appropriation item 415402, Independent	124692
Living Council, $67,662 in each fiscal year shall be used as state	124693
matching funds for vocational rehabilitation innovation and	124694
expansion activities.	124695

ASSISTIVE TECHNOLOGY

124696

The total amount of the foregoing appropriation item 415406,	124697
Assistive Technology, shall be provided to Assistive Technology of	124698
Ohio to provide grants and assistive technology services for	124699
people with disabilities in the State of Ohio.	124700

OFFICE FOR PEOPLE WITH BRAIN INJURY

124701

The foregoing appropriation item 415431, Office for People	124702
with Brain Injury, shall be used to plan and coordinate	124703
head-injury-related services provided by state agencies and other	124704
government or private entities, to assess the needs for such	124705
services, and to set priorities in this area.	124706

Of the foregoing appropriation item 415431, Office for People	124707
with Brain Injury, $44,067 in each fiscal year shall be used as	124708
state matching funds to provide vocational rehabilitation services	124709
to eligible consumers.	124710

VOCATIONAL REHABILITATION SERVICES

124711

The foregoing appropriation item 415506, Services for People	124712
with Disabilities, shall be used as state matching funds to	124713
provide vocational rehabilitation services to eligible consumers.	124714

SERVICES FOR THE DEAF

124715

The foregoing appropriation item 415508, Services for the	124716
Deaf, shall be used to provide grants to community centers for the	124717
deaf.	124718

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

124719

The foregoing appropriation item 415617, Independent	124720
Living/Vocational Rehabilitation Programs, shall be used to	124721
support vocational rehabilitation programs.	124722

SOCIAL SECURITY REIMBURSEMENT FUNDS

124723

Reimbursement funds received from the Social Security	124724
Administration, United States Department of Health and Human	124725
Services, for the costs of providing services and training to	124726
return disability recipients to gainful employment shall be	124727
expended from the Social Security Reimbursement Fund (Fund 3L10),	124728
to the extent funds are available, as follows:	124729

(A) Appropriation item 415601, Social Security Personal Care	124730
Assistance, to provide personal care services in accordance with	124731
section 3304.41 of the Revised Code;	124732

(B) Appropriation item 415605, Social Security Community	124733
Centers for the Deaf, to provide grants to community centers for	124734
the deaf in Ohio for services to individuals with hearing	124735
impairments; and	124736

(C) Appropriation item 415608, Social Security Special	124737
Programs/Assistance, to provide vocational rehabilitation services	124738
to individuals with severe disabilities who are Social Security	124739
beneficiaries, to enable them to achieve competitive employment.	124740
This appropriation item shall also be used to pay a portion of	124741
indirect costs of the Personal Care Assistance Program and the	124742
Independent Living Programs as mandated by federal OMB Circular	124743
A-87.	124744

PROGRAM MANAGEMENT EXPENSES

124745

The foregoing appropriation item 415606, Program Management	124746
Expenses, shall be used to support the administrative functions of	124747
the commission related to the provision of vocational	124748
rehabilitation, disability determination services, and ancillary	124749
programs.	124750

ETECH OHIO COMMISSION APPROPRIATION LINE ITEM TRANSFER

124751

Effective July 1, 2013, the Director of Budget and Management	124752
shall cancel any existing encumbrances against appropriation item	124753
935410, Content Development, Acquisition, and Distribution, and	124754
re-establish them, as determined to be appropriate by the Director	124755
of Budget and Management, against appropriation item 415510,	124756
Telephone and Radio Reading Services. The re-established	124757
encumbrance amounts are hereby appropriated. Any business	124758
commenced but not completed under appropriation item 935410,	124759
Content Development, Acquisition, and Distribution, by July 1,	124760
2013, shall be completed, as determined to be appropriate by the	124761
Director of Budget and Management, under appropriation item	124762
415510, Telephone and Radio Reading Services, in the same manner	124763
and with the same effect as if it were completed with regard to	124764
appropriation item 935410, Content Development, Acquisition, and	124765
Distribution.	124766

Section 341.10. ODB OHIO OPTICAL DISPENSERS BOARD

124767

General Services Fund Group	124768

4K90	894609	Operating Expenses	$	366,000	$	365,000	124769
TOTAL GSF General Services							124770
Fund Group			$	366,000	$	365,000	124771
TOTAL ALL BUDGET FUND GROUPS			$	366,000	$	365,000	124772

Section 343.10. OPT STATE BOARD OF OPTOMETRY

124774

General Services Fund Group	124775

4K90	885609	Operating Expenses	$	347,278	$	347,278	124776
TOTAL GSF General Services							124777
Fund Group			$	347,278	$	347,278	124778
TOTAL ALL BUDGET FUND GROUPS			$	347,278	$	347,278	124779

Section 345.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	124781
AND PEDORTHICS	124782

General Services Fund Group	124783

4K90	973609	Operating Expenses	$	135,677	$	140,846	124784
TOTAL GSF General Services							124785
Fund Group			$	135,677	$	140,846	124786
TOTAL ALL BUDGET FUND GROUPS			$	135,677	$	140,846	124787

Section 347.10. UST PETROLEUM UNDERGROUND STORAGE TANK	124788
RELEASE COMPENSATION BOARD	124789

State Special Revenue Fund Group	124790

6910	810632	PUSTRCB Staff	$	1,233,249	$	1,252,202	124791
TOTAL SSR State Special Revenue							124792
Fund Group			$	1,233,249	$	1,252,202	124793
TOTAL ALL BUDGET FUND GROUPS			$	1,233,249	$	1,252,202	124794

Section 349.10. PRX STATE BOARD OF PHARMACY

124796

General Services Fund Group	124797

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	124798
4K90	887609	Operating Expenses	$	6,701,285	$	6,701,285	124799
TOTAL GSF General Services Fund Group			$	6,851,285	$	6,851,285	124800

Federal Special Revenue Fund Group	124801

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	124802
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	124803
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	124804
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	124805
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	124806
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	6,965,631	124807

Section 351.10. PSY STATE BOARD OF PSYCHOLOGY

124809

General Services Fund Group	124810

4K90	882609	Operating Expenses	$	548,000	$	571,000	124811
TOTAL GSF General Services							124812
Fund Group			$	548,000	$	571,000	124813
TOTAL ALL BUDGET FUND GROUPS			$	548,000	$	571,000	124814

Section 353.10. PUB OHIO PUBLIC DEFENDER COMMISSION

124816

General Revenue Fund	124817

GRF	019401	State Legal Defense Services	$	3,020,855	$	3,020,855	124818
GRF	019403	Multi-County: State Share	$	1,237,318	$	1,250,824	124819
GRF	019404	Trumbull County - State Share	$	354,743	$	359,631	124820
GRF	019405	Training Account	$	50,000	$	50,000	124821
GRF	019501	County Reimbursement	$	9,768,050	$	9,885,175	124822
TOTAL GRF General Revenue Fund			$	14,430,966	$	14,566,485	124823

General Services Fund Group	124824

4070	019604	County Representation	$	351,149	$	354,248	124825
4080	019605	Client Payments	$	725,144	$	722,931	124826
5CX0	019617	Civil Case Filing Fee	$	532,136	$	528,476	124827
TOTAL GSF General Services							124828
Fund Group			$	1,608,429	$	1,605,655	124829

Federal Special Revenue Fund Group	124830

3FX0	019621	Wrongful Conviction Program	$	103,950	$	103,950	124831
3S80	019608	Federal Representation	$	204,706	$	202,942	124832
TOTAL FED Federal Special Revenue							124833
Fund Group			$	308,656	$	306,892	124834

State Special Revenue Fund Group	124835

4C70	019601	Multi-County: County Share	$	2,297,876	$	2,322,959	124836
4X70	019610	Trumbull County - County Share	$	658,809	$	667,887	124837
5740	019606	Civil Legal Aid	$	20,000,000	$	20,000,000	124838
5DY0	019618	Indigent Defense Support - County Share	$	40,320,991	$	41,191,285	124839
5DY0	019619	Indigent Defense Support Fund - State Office	$	5,186,329	$	5,612,719	124840
TOTAL SSR State Special Revenue							124841
Fund Group			$	68,464,005	$	69,794,850	124842
TOTAL ALL BUDGET FUND GROUPS			$	84,812,056	$	86,273,882	124843

INDIGENT DEFENSE OFFICE

124844

The foregoing appropriation items 019404, Trumbull County -	124845
State Share, and 019610, Trumbull County - County Share, shall be	124846
used to support an indigent defense office for Trumbull County.	124847

MULTI-COUNTY OFFICE

124848

The foregoing appropriation items 019403, Multi-County: State	124849
Share, and 019601, Multi-County: County Share, shall be used to	124850
support the Office of the Ohio Public Defender's Multi-County	124851
Branch Office Program.	124852

TRAINING ACCOUNT

124853

The foregoing appropriation item 019405, Training Account,	124854
shall be used by the Ohio Public Defender to provide legal	124855
training programs at no cost for private appointed counsel who	124856
represent at least one indigent defendant at no cost and for state	124857
and county public defenders and attorneys who contract with the	124858
Ohio Public Defender to provide indigent defense services.	124859

FEDERAL REPRESENTATION

124860

The foregoing appropriation item 019608, Federal	124861
Representation, shall be used to receive reimbursements from the	124862
federal courts when the Ohio Public Defender provides	124863
representation in federal court cases and to support	124864
representation in such cases.	124865

Section 355.10. DPS DEPARTMENT OF PUBLIC SAFETY

124866

General Revenue Fund	124867

GRF	767420	Investigative Unit - Operating	$	10,500,000	$	10,500,000	124868
TOTAL GRF General Revenue Fund			$	10,500,000	$	10,500,000	124869
TOTAL ALL BUDGET FUND GROUPS			$	10,500,000	$	10,500,000	124870

Section 357.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

124872

General Services Fund Group	124873

5BP0	870623	Wireless 9-1-1 Administration	$	18,035,000	$	0	124874
5F60	870622	Utility and Railroad Regulation	$	30,619,708	$	30,619,708	124875
5F60	870624	NARUC/NRRI Subsidy	$	85,000	$	85,000	124876
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	124877
TOTAL GSF General Services							124878
Fund Group			$	53,739,708	$	35,704,708	124879

Federal Special Revenue Fund Group	124880

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	124881
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	124882
3EA0	870630	Energy Assurance Planning	$	192,001	$	0	124883
3ED0	870631	State Regulators Assistance	$	115,912	$	0	124884
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	124885
TOTAL FED Federal Special Revenue							124886
Fund Group			$	8,357,532	$	8,049,619	124887

State Special Revenue Fund Group	124888

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	124889
4L80	870617	Pipeline Safety-State	$	331,992	$	331,992	124890
5610	870606	Power Siting Board	$	581,618	$	581,618	124891
5LT0	870640	Intrastate Registration	$	180,000	$	180,000	124892
5LT0	870641	Unified Carrier Registration	$	420,000	$	420,000	124893
5LT0	870642	Hazardous Materials Registration	$	743,346	$	753,346	124894
5LT0	870643	Nonhazardous Materials Civil Forfeiture	$	277,496	$	277,496	124895
5LT0	870644	Hazardous Materials Civil Forfeiture	$	898,800	$	898,800	124896
5LT0	870645	Motor Carrier Enforcement	$	4,768,453	$	4,709,592	124897
TOTAL SSR State Special Revenue							124898
Fund Group			$	9,549,062	$	9,500,201	124899
TOTAL ALL BUDGET FUND GROUPS			$	71,646,302	$	53,254,528	124900

Section 359.10. PWC PUBLIC WORKS COMMISSION

124902

General Revenue Fund	124903

GRF	150904	Conservation General Obligation Debt Service	$	33,376,600	$	34,447,700	124904
GRF	150907	State Capital Improvements General Obligation Debt Service	$	227,810,300	$	228,948,900	124905
TOTAL GRF General Revenue Fund			$	261,186,900	$	263,396,600	124906

Clean Ohio Conservation Fund Group	124907

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		124908
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		124909

TOTAL ALL BUDGET FUND GROUPS

261,475,880

263,685,580

124910

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

124911

The foregoing appropriation item 150904, Conservation General	124912
Obligation Debt Service, shall be used to pay all debt service and	124913
related financing costs during the period from July 1, 2013,	124914
through June 30, 2015, at the times they are required to be made	124915
for obligations issued under sections 151.01 and 151.09 of the	124916
Revised Code.	124917

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

124918

The foregoing appropriation item 150907, State Capital	124919
Improvements General Obligation Debt Service, shall be used to pay	124920
all debt service and related financing costs during the period	124921
from July 1, 2013, through June 30, 2015, at the times they are	124922
required to be made for obligations issued under sections 151.01	124923
and 151.08 of the Revised Code.	124924

CLEAN OHIO OPERATING EXPENSES

124925

The foregoing appropriation item 150403, Clean Ohio Operating	124926
Expenses, shall be used by the Ohio Public Works Commission in	124927
administering Clean Ohio Conservation Fund (Fund 7056) projects	124928
pursuant to sections 164.20 to 164.27 of the Revised Code.	124929

Section 361.10. RAC STATE RACING COMMISSION

124930

State Special Revenue Fund Group	124931

5620	875601	Thoroughbred Race Fund	$	1,696,456	$	1,696,456	124932
5630	875602	Standardbred Development Fund	$	1,697,452	$	1,697,452	124933
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	124934
5650	875604	Racing Commission Operating	$	2,934,178	$	2,934,178	124935
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	124936
5JK0	875610	Racing Commission Fund	$	10,000,000	$	10,000,000	124937
TOTAL SSR State Special Revenue							124938
Fund Group			$	28,329,086	$	28,329,086	124939

Holding Account Redistribution Fund Group	124940

R021	875605	Bond Reimbursements	$	100,000	$	100,000	124941
TOTAL 090 Holding Account Redistribution							124942
Fund Group			$	100,000	$	100,000	124943
TOTAL ALL BUDGET FUND GROUPS			$	28,429,086	$	28,429,086	124944

Section 363.10. BOR BOARD OF REGENTS

124946

General Revenue Fund	124947

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	124948
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	124949
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	124950
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	124951
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	124952
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	124953
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	124954
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	124955
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	124956
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	124957
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	124958
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	124959
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	124960
GRF	235478	Statehouse News Bureau	$	215,561	$	215,561	124961
GRF	235479	Ohio Government Telecommunications Services	$	1,002,089	$	1,002,089	124962
GRF	235480	General Technology Operations	$	1,254,193	$	1,254,193	124963
GRF	235481	Technology Operations	$	2,033,410	$	2,033,410	124964
GRF	235482	Content Development, Acquisition, and Distribution	$	2,362,094	$	2,362,094	124965
GRF	235483	Technology Integration and Professional Development	$	2,465,726	$	2,465,726	124966
GRF	235484	Information Technology	$	563,458	$	563,458	124967
GRF	235501	State Share of Instruction	$	1,784,225,497	$	1,818,225,497	124968
GRF	235502	Student Support Services	$	632,974	$	632,974	124969
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	124970
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	124971
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	124972
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	124973
GRF	235511	Cooperative Extension Service	$	22,220,910	$	22,220,910	124974
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	124975
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	124976
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	124977
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	124978
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	124979
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	124980
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	124981
GRF	235535	Ohio Agricultural Research and Development Center	$	33,100,000	$	33,100,000	124982
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	124983
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	124984
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	124985
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	124986
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	124987
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	124988
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	124989
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	124990
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	124991
GRF	235558	Long-term Care Research	$	195,300	$	195,300	124992
GRF	235563	Ohio College Opportunity Grant	$	87,968,684	$	87,968,684	124993
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	124994
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	124995
GRF	235909	Higher Education General Obligation Debt Service	$	221,168,700	$	248,822,000	124996
TOTAL GRF General Revenue Fund			$	2,322,959,052	$	2,376,131,797	124997

General Services Fund Group	124998

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	124999
4560	235603	Sales and Services	$	199,250	$	199,250	125000
4F30	235679	Affiliate Services	$	50,000	$	50,000	125001
4T20	235680	Government Television/Telecommunications Operating	$	25,000	$	25,000	125002
5JC0	235649	Co-op Internship Program	$	8,000,000	$	2,000,000	125003
TOTAL GSF General Services							125004
Fund Group			$	9,177,845	$	3,177,845	125005

Federal Special Revenue Fund Group	125006

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	125007
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	125008
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	125009
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	125010
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	125011
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	125012
TOTAL FED Federal Special Revenue							125013
Fund Group			$	21,535,671	$	21,535,671	125014

State Special Revenue Fund Group	125015

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	125016
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	125017
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	125018
5FK0	235676	Media Services	$	491,373	$	491,373	125019
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	125020
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	125021
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	125022
6820	235606	Nursing Loan Program	$	891,320	$	891,320	125023
TOTAL SSR State Special Revenue							125024
Fund Group			$	12,932,676	$	12,982,537	125025

Third Frontier Research & Development Fund Group	125026

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	125027
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	125028
TOTAL ALL BUDGET FUND GROUPS			$	2,374,605,244	$	2,421,827,850	125029

Section 363.20. LEASE RENTAL PAYMENTS

125031

The foregoing appropriation item 235401, Lease Rental	125032
Payments, shall be used to meet all payments at the times they are	125033
required to be made during the period from July 1, 2013, through	125034
June 30, 2015, by the Chancellor of the Board of Regents under	125035
leases and agreements made under section 154.21 of the Revised	125036
Code. These appropriations are the source of funds pledged for	125037
bond service charges on related obligations issued under Chapter	125038
154. of the Revised Code.	125039

Section 363.30. ARTICULATION AND TRANSFER

125040

The foregoing appropriation item 235406, Articulation and	125041
Transfer, shall be used by the Chancellor of the Board of Regents	125042
to maintain and expand the work of the Articulation and Transfer	125043
Council to develop a system of transfer policies to ensure that	125044
students at state institutions of higher education can transfer	125045
and have coursework apply to their majors and degrees at any other	125046
state institution of higher education without unnecessary	125047
duplication or institutional barriers under sections 3333.16,	125048
3333.161, and 3333.162 of the Revised Code.	125049

Section 363.40. MIDWEST HIGHER EDUCATION COMPACT

125050

The foregoing appropriation item 235408, Midwest Higher	125051
Education Compact, shall be distributed by the Chancellor of the	125052
Board of Regents under section 3333.40 of the Revised Code.	125053

Section 363.50. HEI INFORMATION SYSTEM

125054

The foregoing appropriation item 235409, HEI Information	125055
System, shall be used by the Chancellor of the Board of Regents to	125056
support the development and implementation of information	125057
technology solutions designed to improve the performance and	125058
services of the Chancellor of the Board of Regents and the	125059
University System of Ohio. Information technology solutions shall	125060
be provided by the Ohio Academic Research Network (OARnet).	125061

Section 363.60. STATE GRANTS AND SCHOLARSHIP ADMINISTRATION

125062

The foregoing appropriation item 235414, State Grants and	125063
Scholarship Administration, shall be used by the Chancellor of the	125064
Board of Regents to administer the following student financial aid	125065
programs: Ohio College Opportunity Grant, Ohio War Orphans'	125066
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	125067
Officers College Memorial Fund, and any other student financial	125068
aid programs created by the General Assembly. The appropriation	125069
item also shall be used to support all state financial aid audits	125070
and student financial aid programs created by Congress, and to	125071
provide fiscal services for the Ohio National Guard Scholarship	125072
Program.	125073

Section 363.70. ESTUDENT SERVICES

125074

The foregoing appropriation item 235417, eStudent Services,	125075
shall be used by the Chancellor of the Board of Regents to support	125076
the continued implementation of eStudent Services, a consortium	125077
organized under division (T) of section 3333.04 of the Revised	125078
Code to expand access to dual enrollment opportunities for high	125079
school students, as well as adult and higher education	125080
opportunities through technology. The funds shall be used by	125081
eStudent Services to develop and promote learning and assessment	125082
through the use of technology, to test and provide advice on	125083
emerging learning-directed technologies, to support the distance	125084
learning clearinghouse and platform created under section 3333.82	125085
of the Revised Code, and to facilitate cost-effectiveness through	125086
shared educational technology investments.	125087

Section 363.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

125088

The foregoing appropriation item 235428, Appalachian New	125089
Economy Partnership, shall be distributed to Ohio University to	125090
continue a multi-campus and multi-agency coordinated effort to	125091
link Appalachia to the new economy. Ohio University shall use	125092
these funds to provide leadership in the development and	125093
implementation of initiatives in the areas of entrepreneurship,	125094
management, education, and technology.	125095

Section 363.90. ECONOMIC GROWTH CHALLENGE

125096

The foregoing appropriation item 235433, Economic Growth	125097
Challenge, shall be used for administrative expenses of the	125098
Research Incentive Program and other economic advancement	125099
initiatives undertaken by the Chancellor of the Board of Regents.	125100

The Chancellor of the Board of Regents shall use any	125101
appropriation transfer to the foregoing appropriation item 235433,	125102
Economic Growth Challenge, to enhance the basic research and	125103
commercialization capabilities of public colleges and universities	125104
and accredited Ohio institutions of higher education holding	125105
certificates of authorization issued under section 1713.02 of the	125106
Revised Code, in order to strengthen academic research and	125107
commercialization for pursuing Ohio's economic development goals.	125108

Section 363.100. CHOOSE OHIO FIRST SCHOLARSHIP

125109

The foregoing appropriation item 235438, Choose Ohio First	125110
Scholarship, shall be used to operate the program prescribed in	125111
sections 3333.60 to 3333.70 of the Revised Code.	125112

Section 363.110. ADULT BASIC AND LITERACY EDUCATION

125113

The foregoing appropriation item 235443, Adult Basic and	125114
Literacy Education - State, shall be used to support the adult	125115
basic and literacy education instructional grant program and state	125116
leadership program. The supported programs shall satisfy the state	125117
match and maintenance of effort requirements for the	125118
state-administered grant program.	125119

Section 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL	125120
EDUCATION	125121

The foregoing appropriation item 235444, Post-Secondary Adult	125122
Career-Technical Education, shall be used by the Chancellor of the	125123
Board of Regents, in consultation with the Superintendent of	125124
Public Instruction and the Governor's Office of Workforce	125125
Transformation, to support post-secondary adult career-technical	125126
education. The Chancellor of the Board of Regents, the	125127
Superintendent of Public Instruction, and the Governor's Office of	125128
Workforce Transformation, or their designees, shall hold a series	125129
of consultations with the Post-Secondary Adult Career-Technical	125130
Education Centers during fiscal year 2014 to develop an	125131
appropriate funding formula to distribute these funds based on	125132
student outcomes, beginning in fiscal year 2015.	125133

Section 363.130. AREA HEALTH EDUCATION CENTERS

125134

The foregoing appropriation item 235474, Area Health	125135
Education Centers Program Support, shall be used by the Chancellor	125136
of the Board of Regents to support the medical school regional	125137
area health education centers' educational programs for the	125138
continued support of medical and other health professions	125139
education and for support of the Area Health Education Center	125140
Program.	125141

Section 363.140. STATEHOUSE NEWS BUREAU

125142

The foregoing appropriation item 235478, Statehouse News	125143
Bureau, shall be used solely to support the operations of the Ohio	125144
Statehouse News Bureau.	125145

Section 363.150. OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

125146

The foregoing appropriation item 235479, Ohio Government	125147
Telecommunications Services, shall be used solely to support the	125148
operations of Ohio Government Telecommunications Services which	125149
include providing multimedia support to the state government and	125150
its affiliated organizations and broadcasting the activities of	125151
the legislative, judicial, and executive branches of state	125152
government, among its other functions.	125153

Section 363.160. TECHNOLOGY OPERATIONS

125154

The foregoing appropriation item 235481, Technology	125155
Operations, shall be used by the Chancellor of the Board of	125156
Regents to pay Ohio's network infrastructure expenses, which	125157
includes the television and radio transmission infrastructure and	125158
infrastructure that shall link all public K-12 classrooms to each	125159
other and to the Internet, and provide access to voice, video,	125160
other communication services, and data educational resources for	125161
students and teachers. The foregoing appropriation item 235481,	125162
Technology Operations, may also be used to cover student costs for	125163
taking advanced placement courses and courses that the Chancellor	125164
of the Board of Regents has determined to be eligible for	125165
postsecondary credit through the Ohio Learns Gateway. To the	125166
extent that funds remain available for this purpose, students who	125167
are enrolled in public and chartered nonpublic schools, and	125168
students who are instructed at home pursuant to section 3321.04 of	125169
the Revised Code, who are taking advanced placement or	125170
postsecondary courses through the Ohio Learns Gateway shall be	125171
eligible to receive a fee waiver to cover the cost of	125172
participating in one course. The fee waivers shall be distributed	125173
until the funds appropriated to support the waivers have been	125174
exhausted.	125175

Section 363.170. CONTENT DEVELOPMENT, ACQUISITION, AND	125176
DISTRIBUTION	125177

The foregoing appropriation item 235482, Content Development,	125178
Acquisition, and Distribution, shall be used for the development,	125179
acquisition, and distribution of information resources by public	125180
media and radio reading services and for educational use in the	125181
classroom and online.	125182

Of the foregoing appropriation item 235482, Content	125183
Development, Acquisition, and Distribution, up to $596,193 in each	125184
fiscal year shall be allocated equally among the Ohio educational	125185
television stations and used with the advice and approval of the	125186
Chancellor of the Board of Regents. Funds shall be used for the	125187
production of interactive instructional programming series with	125188
priority given to resources aligned with state academic content	125189
standards in consultation with the Ohio Department of Education.	125190
The programming shall be targeted to the needs of the poorest two	125191
hundred school districts as determined by the district's adjusted	125192
valuation per pupil as defined in former section 3317.0213 of the	125193
Revised Code as that section existed prior to June 30, 2005.	125194

Of the foregoing appropriation item 235482, Content	125195
Development, Acquisition, and Distribution, up to $1,584,965 in	125196
each fiscal year shall be distributed by the Chancellor of the	125197
Board of Regents to Ohio's qualified public educational television	125198
stations and educational radio stations to support their	125199
operations. The funds shall be distributed pursuant to an	125200
allocation formula used by the Ohio Educational Telecommunications	125201
Network Commission unless a substitute formula is developed by the	125202
Chancellor of the Board of Regents in consultation with Ohio's	125203
qualified public educational television stations and educational	125204
radio stations.	125205

Of the foregoing appropriation item 235482, Content	125206
Development, Acquisition, and Distribution, up to $180,936 in each	125207
fiscal year shall be distributed by the Chancellor of the Board of	125208
Regents to Ohio's qualified radio reading services to support	125209
their operations. The funds shall be distributed pursuant to an	125210
allocation formula used by the Ohio Educational Telecommunications	125211
Network Commission unless a substitute formula is developed by the	125212
Chancellor of the Board of Regents in consultation with Ohio's	125213
qualified radio reading services.	125214

Section 363.180. TECHNOLOGY INTEGRATION AND PROFESSIONAL	125215
DEVELOPMENT	125216

The foregoing appropriation item 235483, Technology	125217
Integration and Professional Development, shall be used by the	125218
Ohio Department of Education and the Chancellor of the Board of	125219
Regents for the provision of staff development, hardware,	125220
software, telecommunications services, and information resources	125221
to support educational uses of technology in the classroom and at	125222
a distance and for professional development for teachers,	125223
administrators, and technology staff on the use of educational	125224
technology in qualifying public schools, including the State	125225
School for the Blind, the School for the Deaf, and the Department	125226
of Youth Services.	125227

Section 363.190. STATE SHARE OF INSTRUCTION FORMULAS

125228

The Chancellor of the Board of Regents shall establish	125229
procedures to allocate the foregoing appropriation item 235501,	125230
State Share of Instruction, based on the formulas detailed in this	125231
section that utilize the enrollment, course completion, degree	125232
attainment, and student achievement factors reported annually by	125233
each state institution of higher education participating in the	125234
Higher Education Information (HEI) system.	125235

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

125236

(1) As soon as possible during each fiscal year of the	125237
biennium ending June 30, 2015, in accordance with instructions of	125238
the Board of Regents, each state institution of higher education	125239
shall report its actual data, consistent with the definitions in	125240
the Higher Education Information (HEI) system's enrollment files,	125241
to the Chancellor of the Board of Regents.	125242

(2) In defining the number of full-time equivalent students	125243
for state subsidy instructional cost purposes, the Chancellor of	125244
the Board of Regents shall exclude all undergraduate students who	125245
are not residents of Ohio, except those charged in-state fees in	125246
accordance with reciprocity agreements made under section 3333.17	125247
of the Revised Code or employer contracts entered into under	125248
section 3333.32 of the Revised Code.	125249

(3) In calculating the core subsidy entitlements for	125250
university branch and main campuses, the Chancellor of the Board	125251
of Regents shall use the following count of FTE students:	125252

(a) The subsidy eligible enrollments by model shall equal	125253
only those FTE students who successfully complete the course as	125254
defined and reported through the Higher Education Information	125255
(HEI) system course enrollment file;	125256

(b) For those undergraduate FTE students with successful	125257
course completions, identified in division (A)(3)(a) of this	125258
section, that had an expected family contribution less than 2190	125259
or were determined to have been in need of remedial education	125260
shall be defined as at-risk students and shall have their eligible	125261
completions weighted by the following:	125262

(i) Campus-specific course completion indexes, where the	125263
indexes are calculated based upon the number of at-risk students	125264
enrolled during the 2010-2012 academic years; and	125265

(ii) A statewide average at-risk course completion weight	125266
determined for each subsidy model. The statewide average at-risk	125267
course completion weight shall be determined by calculating the	125268
difference between the percentage of traditional students who	125269
complete a course and the percentage of at-risk students who	125270
complete the same course.	125271

(4) In calculating the core subsidy entitlements for Medical	125272
II models only, students repeating terms may be no more than five	125273
per cent of current year enrollment.	125274

(5) In calculating the core subsidy entitlements for students	125275
enrolled in state-supported law schools, subsidy eligible FTE	125276
completions shall be limited to students identified as residents	125277
of Ohio.	125278

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

125279

For purposes of calculating state share of instruction	125280
allocations, the total instructional costs per full-time	125281
equivalent student shall be:	125282

Model	Fiscal Year 2014	Fiscal Year 2015	125283
ARTS AND HUMANITIES 1	$7,803	$7,940	125284
ARTS AND HUMANITIES 2	$10,828	$11,018	125285
ARTS AND HUMANITIES 3	$13,988	$14,234	125286
ARTS AND HUMANITIES 4	$20,242	$20,598	125287
ARTS AND HUMANITIES 5	$33,969	$34,567	125288
ARTS AND HUMANITIES 6	$38,280	$38,954	125289
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,109	$7,235	125290
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,106	$8,249	125291
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,640	$10,827	125292
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,647	$12,869	125293
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,657	$20,003	125294
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,006	$22,393	125295
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$30,558	$31,096	125296
MEDICAL 1	$53,424	$54,365	125297
MEDICAL 2	$45,873	$46,681	125298
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,190	$7,317	125299
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,091	$10,268	125300
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,928	$12,138	125301
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,186	$15,454	125302
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,043	$20,396	125303
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,633	$22,013	125304
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$26,471	$26,937	125305
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,766	$37,413	125306
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,170	$53,088	125307

Doctoral I and Doctoral II models shall be allocated in	125308
accordance with division (D)(2) of this section.	125309

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	125310
AND GRADUATE WEIGHTS	125311

For the purpose of implementing the recommendations of the	125312
2006 State Share of Instruction Consultation and the Higher	125313
Education Funding Study Council that priority be given to	125314
maintaining state support for science, technology, engineering,	125315
mathematics, medicine, and graduate programs, the costs in	125316
division (B) of this section shall be weighted by the amounts	125317
provided below:	125318

Model	Fiscal Year 2014	Fiscal Year 2015	125319
ARTS AND HUMANITIES 1	1.0000	1.0000	125320
ARTS AND HUMANITIES 2	1.0000	1.0000	125321
ARTS AND HUMANITIES 3	1.0000	1.0000	125322
ARTS AND HUMANITIES 4	1.0000	1.0000	125323
ARTS AND HUMANITIES 5	1.0425	1.0425	125324
ARTS AND HUMANITIES 6	1.0425	1.0425	125325
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	125326
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	125327
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	125328
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	125329
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	125330
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	125331
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	125332
MEDICAL 1	1.6456	1.6456	125333
MEDICAL 2	1.7462	1.7462	125334
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	125335
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	125336
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	125337
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	125338
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	125339
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	125340
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	125341
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	125342
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	125343

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	125344
ENTITLEMENTS AND ADJUSTMENTS	125345

(1) Of the foregoing appropriation item 235501, State Share	125346
of Instruction, 25 per cent of the fiscal year 2014 appropriation	125347
for state-supported community colleges, state community colleges,	125348
and technical colleges shall be allocated to colleges in	125349
proportion to their share of college student success factors as	125350
adopted by the Chancellor of the Board of Regents in formal	125351
communication to the Controlling Board on August 30, 2010.	125352

(2) Of the foregoing appropriation item 235501, State Share	125353
of Instruction, 25 per cent of the fiscal year 2014 appropriation	125354
for state-supported community colleges, state community colleges,	125355
and technical colleges shall be reserved for course completion	125356
FTEs as aggregated by the subsidy models defined in division (B)	125357
of this section.	125358

The course completion funding shall be allocated to colleges	125359
in proportion to each campuses' share of the total sector's course	125360
completions, weighted by the instructional cost of the subsidy	125361
models.	125362

To calculate the subsidy entitlements for course completions	125363
at community colleges, state community colleges, and technical	125364
colleges, the Chancellor of the Board of Regents shall use the	125365
following calculations:	125366

(a) In calculating each campus's count of FTE course	125367
completions, the Chancellor of the Board of Regents shall use the	125368
three-year average course completions for the three-year period	125369
ending in the prior year.	125370

(b) The model costs as used in the calculation shall be	125371
augmented by the model weights for science, technology,	125372
engineering, mathematics, and medicine models as established in	125373
division (C) of this section.	125374

(3) Of the foregoing appropriation item 235501, State Share	125375
of Instruction, up to 11.78 per cent of the appropriation for	125376
universities, as established in division (A)(2) of the section of	125377
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	125378
2014 and 2015," in each fiscal year shall be reserved for support	125379
of doctoral programs to implement the funding recommendations made	125380
by representatives of the universities. The amount so reserved	125381
shall be referred to as the doctoral set-aside.	125382

The doctoral set-aside shall be allocated to universities as	125383
follows:	125384

(a) 50 per cent of the doctoral set-aside in fiscal year 2014	125385
and 40 per cent of the doctoral set-aside in fiscal year 2015	125386
shall be allocated to universities in proportion to their share of	125387
the statewide total of each state institution's three-year average	125388
Doctoral I equivalent FTEs as calculated on an institutional basis	125389
using historical FTEs for the period fiscal year 1994 through	125390
fiscal year 1998 with annualized FTEs for fiscal years 1994	125391
through 1997 and all-term FTEs for fiscal year 1998 as adjusted to	125392
reflect the effects of doctoral review and subsequent changes in	125393
Doctoral I equivalent enrollments. For the purposes of this	125394
calculation, Doctoral I equivalent FTEs shall equal the sum of	125395
Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	125396

(b) 25 per cent of the doctoral set-aside in fiscal year 2014	125397
and 30 per cent of the doctoral set-aside in fiscal year 2015	125398
shall be allocated to universities in proportion to each campus's	125399
share of the total statewide doctoral degrees, weighted by the	125400
cost of the doctoral discipline. In calculating each campus's	125401
doctoral degrees the Chancellor of the Board of Regents shall use	125402
the three-year average doctoral degrees awarded for the three-year	125403
period ending in the prior year.	125404

(c) 12.5 per cent of the doctoral set-aside in fiscal year	125405
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	125406
shall be allocated to universities in proportion to their share of	125407
research grant activity, using a data collection method that is	125408
reviewed and approved by the presidents of Ohio's doctoral degree	125409
granting universities. In the event that the data collection	125410
method is not available, funding for this component shall be	125411
allocated to universities in proportion to their share of research	125412
grant activity published by the National Science Foundation. Grant	125413
awards from the Department of Health and Human Services shall be	125414
weighted at 50 per cent.	125415

(d) 12.5 per cent of the doctoral set-aside in fiscal year	125416
2014 and 15 per cent of the doctoral set-aside in fiscal year 2015	125417
shall be allocated to universities based on other quality measures	125418
that contribute to the advancement of quality doctoral programs.	125419
These other quality measures shall be identified by the Chancellor	125420
in consultation with universities. If for any reason metrics for	125421
distributing the quality component of the doctoral set-aside are	125422
not identified prior to the fiscal year allocation process, this	125423
portion of the doctoral set-aside funds shall be allocated to	125424
universities based on division (D)(3)(a) of this section.	125425

(4) Of the foregoing appropriation item 235501, State Share	125426
of Instruction, 6.41 per cent of the appropriation for	125427
universities, as established in division (A)(2) of the section of	125428
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	125429
2014 AND 2015," in each fiscal year shall be reserved for support	125430
of Medical II FTEs. The amount so reserved shall be referred to as	125431
the medical II set-aside.	125432

The medical II set-aside shall be allocated to universities	125433
in proportion to their share of the statewide total of each state	125434
institution's three-year average Medical II FTEs as calculated in	125435
division (A) of this section, weighted by model cost.	125436

(5) Of the foregoing appropriation item 235501, State Share	125437
of Instruction, 1.48 per cent of the appropriation for	125438
universities, as established in division (A)(2) of the section of	125439
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	125440
2014 AND 2015," in each fiscal year shall be reserved for support	125441
of Medical I FTEs. The amount so reserved shall be referred to as	125442
the medical I set-aside.	125443

The medical I set-aside shall be allocated to universities in	125444
proportion to their share of the statewide total of each state	125445
institution's three-year average Medical I FTEs as calculated in	125446
division (A) of this section.	125447

(6) Of the foregoing appropriation item 235501, State Share	125448
of Instruction, 50 per cent of the appropriation in each fiscal	125449
year for universities, net any earmarked funding for university	125450
regional campuses as detailed in division (B)(1) of the section of	125451
this act entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	125452
2014 AND 2015," shall be reserved for support of associate,	125453
baccalaureate, master's, and professional level degree attainment.	125454

The degree attainment funding shall be allocated to	125455
universities in proportion to each campus's share of the total	125456
statewide degrees granted, weighted by the cost of the degree	125457
programs. The degree cost calculations shall include the model	125458
cost weights for the science, technology, engineering,	125459
mathematics, and medicine models as established in division (C) of	125460
this section.	125461

In calculating the subsidy entitlements for degree attainment	125462
at university main and regional campuses, the Chancellor of the	125463
Board of Regents shall use the following count of degrees and	125464
degree costs:	125465

(a) The subsidy eligible undergraduate degrees shall be	125466
defined as follows:	125467

(i) The subsidy eligible degrees conferred to students	125468
identified as residents of the state of Ohio in any term of their	125469
studies, as reported through the Higher Education Information	125470
(HEI) system student enrollment file, shall be weighted by a	125471
factor of 1.	125472

(ii) The subsidy eligible degrees conferred to students	125473
identified as out-of-state residents during all terms of their	125474
studies, as reported through the Higher Education Information	125475
(HEI) system student enrollment file, which remain in the state of	125476
Ohio at least one year after graduation shall be weighted by a	125477
factor of 50 per cent. For fiscal year 2014, subsidy eligible	125478
degrees conferred to all out-of-state students shall be weighted	125479
by a factor of 25 per cent.	125480

(b) In fiscal year 2014, for those associate degrees awarded	125481
by a state-supported university, the subsidy eligible degrees	125482
granted are defined as only those earned by students attending a	125483
university that received funding under GRF appropriation item	125484
235418, Access Challenge, in fiscal year 2009. In fiscal year	125485
2015, subsidy eligible associate degrees are defined as those	125486
earned by students attending any state-supported university main	125487
or regional campus.	125488

(c) In calculating each campus's count of degrees, the	125489
Chancellor of the Board of Regents shall use the three-year	125490
average associate, baccalaureate, master's, and professional	125491
degrees awarded for the three-year period ending in the prior	125492
year. In fiscal year 2014, university regional campuses are not	125493
eligible for degree completion funding. In fiscal year 2015, all	125494
university campuses are eligible for degree completion funding.	125495

(d) Eligible associate degrees defined in division (D)(6)(b)	125496
of this section and all bachelor's degrees earned by a student	125497
that either had an expected family contribution less than 2190,	125498
was determined to have been in need of remedial education, is	125499
Native American, African American, or Hispanic, or is at least age	125500
26 at the time of graduation, shall be defined as degrees earned	125501
by an at-risk student and shall be weighted by the following:	125502

(i) A campus-specific at-risk index, where the index is	125503
calculated based on the proportion of at-risk students enrolled	125504
during a four-year cohort beginning in fiscal year 2001, 2002,	125505
2003, or 2004; and	125506

(ii) A statewide average at-risk degree completion weight	125507
determined by calculating the difference between the percentage of	125508
non-at-risk students who earned a degree and the percentage of	125509
at-risk students who earned a degree in eight years or less.	125510

(7) State share of instruction base formula earnings shall be	125511
determined as follows:	125512

(a) The instructional costs shall be determined by	125513
multiplying the amounts listed above in divisions (B) and (C) of	125514
this section by the average subsidy-eligible FTEs for the	125515
three-year period ending in the prior year for all models except	125516
Doctoral I and Doctoral II.	125517

(b) The Chancellor of the Board of Regents shall compute a	125518
uniform state share of instructional costs for each sector.	125519

(i) For the state-supported community colleges, state	125520
community colleges, and technical colleges, in fiscal year 2014	125521
the Chancellor of the Board of Regents shall compute the uniform	125522
state share of instructional costs for enrollment by dividing the	125523
sector level appropriation total as determined by the Chancellor	125524
in division (A)(1) of the section of this act entitled "STATE	125525
SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	125526
pursuant to divisions (B) and (C) of that section, less the	125527
student college success allocation as described in division (D)(1)	125528
of this section and less the course completion allocation as	125529
detailed in division (D)(2) of this section, by the sum of all	125530
eligible campuses' instructional costs as calculated in division	125531
(D)(7)(b) of this section.	125532

(ii) For the state-supported university regional campuses, in	125533
fiscal year 2014 the Chancellor of the Board of Regents shall	125534
compute the uniform state share of instructional costs by dividing	125535
the sector level appropriation, as determined by the Chancellor in	125536
division (A)(2) of the section of this act entitled "STATE SHARE	125537
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	125538
pursuant to division (B) of that section by the sum of all	125539
campuses' instructional costs as calculated in division (D)(7)(b)	125540
of this section.	125541

(iii) For the state-supported university main campuses, in	125542
fiscal year 2014 the Chancellor of the Board of Regents shall	125543
compute the uniform state share of instructional costs by dividing	125544
the sector level appropriation, as determined by the Chancellor in	125545
division (A)(3) of the section of this act entitled "STATE SHARE	125546
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	125547
pursuant to division (B) of that section, less the degree	125548
attainment funding as calculated in divisions (D)(3) to (6) of	125549
this section, less the doctoral set-aside, less the medical I	125550
set-aside, and less the medical II set-aside, by the sum of all	125551
campuses' instructional costs as calculated in division (D)(7)(b)	125552
of this section.	125553

(iv) For the state university regional and main campuses, in	125554
fiscal year 2015 the Chancellor of the Board of Regents shall	125555
compute the uniform state share of instructional costs by dividing	125556
the university appropriation, as determined by the Chancellor in	125557
division (A)(3) of the section of this act entitled "STATE SHARE	125558
OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," and adjusted	125559
pursuant to division (B) of that section, less the degree	125560
attainment funding as calculated in divisions (D)(3) to (6) of	125561
this section, less the doctoral set-aside, less the medical I	125562
set-aside, and less the medical II set-aside, by the sum of all	125563
campuses' instructional costs as calculated in division (D)(7)(b)	125564
of this section.	125565

(c) The formula entitlement shall be determined by	125566
multiplying the uniform state share of instructional costs	125567
calculated in division (D)(7)(c) of this section by the	125568
instructional cost determined in division (D)(7)(b) of this	125569
section.	125570

(8) In addition to the student success allocation, doctoral	125571
set-aside, medical I set-aside, medical II set-aside, and the	125572
degree attainment allocation determined in divisions (D)(1) to (6)	125573
of this section and the formula entitlement determined in division	125574
(D)(7) of this section, an allocation based on facility-based	125575
plant operations and maintenance (POM) subsidy shall be made. For	125576
each eligible university main campus, the amount of the POM	125577
allocation in each fiscal year shall be distributed based on what	125578
each campus received in the fiscal year 2009 POM allocation.	125579

Any POM allocations required by this division shall be funded	125580
by proportionately reducing formula entitlement earnings,	125581
including the POM allocations, for all campuses in that sector.	125582

(9) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR	125583
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES	125584

In addition to and after the adjustments noted above, in	125585
fiscal year 2014, no community college, state community college,	125586
or technical college shall receive a state share of instruction	125587
allocation that is less than 97 per cent of the prior year's state	125588
share of instruction earnings. Funds shall be made available to	125589
support this allocation by proportionately reducing formula	125590
entitlement earnings from those campuses, within the community,	125591
state community, and technical college sector, that are not	125592
receiving stability funding.	125593

(10) CAPITAL COMPONENT DEDUCTION

125594

After all other adjustments have been made, state share of	125595
instruction earnings shall be reduced for each campus by the	125596
amount, if any, by which debt service charged in Am. H.B. 748 of	125597
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	125598
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	125599
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	125600
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	125601
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	125602
562 of the 127th General Assembly for that campus exceeds that	125603
campus's capital component earnings. The sum of the amounts	125604
deducted shall be transferred to appropriation item 235552,	125605
Capital Component, in each fiscal year.	125606

(E) EXCEPTIONAL CIRCUMSTANCES

125607

Adjustments may be made to the state share of instruction	125608
payments and other subsidies distributed by the Chancellor of the	125609
Board of Regents to state colleges and universities for	125610
exceptional circumstances. No adjustments for exceptional	125611
circumstances may be made without the recommendation of the	125612
Chancellor and the approval of the Controlling Board.	125613

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	125614
INSTRUCTION	125615

The standard provisions of the state share of instruction	125616
calculation as described in the preceding sections of temporary	125617
law shall apply to any reductions made to appropriation item	125618
235501, State Share of Instruction, before the Chancellor of the	125619
Board of Regents has formally approved the final allocation of the	125620
state share of instruction funds for any fiscal year.	125621

Any reductions made to appropriation item 235501, State Share	125622
of Instruction, after the Chancellor of the Board of Regents has	125623
formally approved the final allocation of the state share of	125624
instruction funds for any fiscal year, shall be uniformly applied	125625
to each campus in proportion to its share of the final allocation.	125626

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

125627

The state share of instruction payments to the institutions	125628
shall be in substantially equal monthly amounts during the fiscal	125629
year, unless otherwise determined by the Director of Budget and	125630
Management pursuant to section 126.09 of the Revised Code.	125631
Payments during the first six months of the fiscal year shall be	125632
based upon the state share of instruction appropriation estimates	125633
made for the various institutions of higher education according to	125634
the Chancellor of the Board of Regents enrollment, completion, and	125635
performance estimates. Payments during the last six months of the	125636
fiscal year shall be distributed after approval of the Controlling	125637
Board upon the request of the Chancellor.	125638

(H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015	125639
STATE SHARE OF INSTRUCTION FORMULAS	125640

(1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY	125641
COLLEGES	125642

Community college presidents, or their designees, in	125643
consultation with the Chancellor of the Board of Regents, shall	125644
study the most appropriate formula weights for students who come	125645
from "at-risk" populations and recommend how they may be used to	125646
determine allocations of appropriations to community colleges from	125647
appropriation item 235501, State Share of Instruction, in fiscal	125648
year 2015. The study shall identify the socio-economic,	125649
demographic, academic, personal, and other factors that identify a	125650
student as being "at-risk" of academic failure, and recommend how	125651
these factors may be used to determine allocations of the State	125652
Share of Instruction for community colleges in fiscal year 2015.	125653
The study shall be completed by December 31, 2013. Notwithstanding	125654
any provision of law to the contrary, community college	125655
presidents, or their designees, in consultation with the	125656
Chancellor of the Board of Regents, shall use the results of the	125657
study to recommend changes in the determination of the	125658
distribution of the community college allocations beginning in	125659
fiscal year 2015 and shall report any such formula change	125660
recommendations to the Governor, the General Assembly, and the	125661
Office of Budget and Management not later than February 15, 2014.	125662

(2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION	125663
MEASURES FOR COMMUNITY COLLEGES	125664

Community college presidents, or their designees, in	125665
consultation with the Chancellor of the Board of Regents, shall	125666
study the most appropriate formula weights for the "success	125667
points" and completion performance measures used in the allocation	125668
of appropriations to community colleges from appropriation item	125669
235501, State Share of Instruction, in fiscal year 2015. The study	125670
shall research the most appropriate success points and completion	125671
measures that occur during the academic career of community	125672
college students and recommend revisions to the current State	125673
Share of Instruction model to fund achievement of the success	125674
points beginning in fiscal year 2015. In addition, community	125675
college presidents, or their designees, in consultation with the	125676
Chancellor of the Board of Regents, shall determine how the	125677
community college's fiscal year 2015 share of State Share of	125678
Instruction funding shall be distributed among its success points,	125679
completion measures and course completion funding, or other	125680
performance and access measures. The study shall be completed by	125681
December 31, 2013. Notwithstanding any provision of law to the	125682
contrary, community college presidents, or their designees, in	125683
consultation with the Chancellor of the Board of Regents, shall	125684
use the results of the study to recommend changes in the	125685
determination of the distribution of the community college	125686
allocations beginning in fiscal year 2015 and shall report any	125687
such formula change recommendations to the Governor, the General	125688
Assembly, and the Office of Budget and Management not later than	125689
February 15, 2014.	125690

(3) STUDY ON THE USE OF STUDENT LEVEL "AT-RISK" WEIGHTS AND	125691
PROPORTIONAL DEGREE COUNTS FOR THE UNIVERSITIES DEGREE COMPLETION	125692
COMPONENT	125693

University presidents, or their designees, in consultation	125694
with the Chancellor of the Board of Regents, shall study the most	125695
appropriate formula weights for students who come from "at-risk"	125696
populations and recommend how they may be used to determine	125697
allocations of appropriations to universities from appropriation	125698
item 235501, State Share of Instruction, in fiscal year 2015. In	125699
addition to studying the "at-risk" student weights, university	125700
presidents, or their designees, in consultation with the	125701
Chancellor of the Board of Regents, shall recommend a methodology	125702
for merging the current main campus and regional campus funding	125703
formulas and distributing degree subsidies in cases where a	125704
student attended more than one institution of higher education.	125705
The study shall be completed by December 31, 2013. Notwithstanding	125706
any provision of law to the contrary, university presidents, or	125707
their designees, in consultation with the Chancellor of the Board	125708
of Regents, shall use the results of the study to recommend	125709
changes in the determination of the distribution of the university	125710
allocations beginning in fiscal year 2015 and shall report any	125711
such formula change recommendations to the Governor, the General	125712
Assembly and the Office of Budget and Management not later than	125713
February 15, 2014.	125714

Section 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	125715
2014 AND 2015	125716

(A) The foregoing appropriation item 235501, State Share of	125717
Instruction, shall be distributed according to the section of this	125718
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	125719

(1) Of the foregoing appropriation item 235501, State Share	125720
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428	125721
in fiscal year 2015 shall be distributed to state-supported	125722
community colleges, state community colleges, and technical	125723
colleges.	125724

(2) Of the foregoing appropriation item 235501, State Share	125725
of Instruction, $1,372,968,020 in fiscal year 2014 and	125726
$1,399,124,069 in fiscal year 2015 shall be distributed to	125727
state-supported university main and regional campuses.	125728

(B) Of the amounts earmarked in division (A)(2) of this	125729
section:	125730

(1) $116,181,104 in fiscal year 2014 shall be distributed to	125731
state university regional campuses.	125732

(2) $3,923,764 in each fiscal year shall be distributed to	125733
university main campuses based on each campus's share of the	125734
appropriation item 235418, Access Challenge, in fiscal year 2009.	125735

(C) The POM adjustment in division (D)(7) of the section of	125736
this act entitled "STATE SHARE OF INSTRUCTION FORMULAS" and the	125737
Access Challenge earmark in division (B) of this section shall	125738
expire on June 30, 2015.	125739

(D) The state share of instruction payments to the	125740
institutions shall be in substantially equal monthly amounts	125741
during the fiscal year, unless otherwise determined by the	125742
Director of Budget and Management pursuant to section 126.09 of	125743
the Revised Code. Payments during the last six months of the	125744
fiscal year shall be distributed after approval of the Controlling	125745
Board upon the request of the Chancellor of the Board of Regents.	125746

Section 363.210. TRANSFER OF INSTRUCTIONAL SUBSIDIES BETWEEN	125747
UNIVERSITIES	125748

Notwithstanding any provision of law to the contrary, in	125749
consultation with the Chancellor of the Board of Regents, a	125750
state-supported university may request to transfer its fiscal year	125751
2014 state share of instruction subsidy allocations of the	125752
foregoing appropriation item 235501, State Share of Instruction,	125753
between a university main campus and any university branch campus	125754
for which the university main campus is affiliated to best	125755
accomplish institutional goals and objectives. At the request of	125756
the Chancellor of the Board of Regents, the Director of Budget and	125757
Management may transfer the requested amounts of state share of	125758
instruction appropriation allocations between affiliated	125759
university branch campuses and university main campuses.	125760

Section 363.220. RESTRICTION ON FEE INCREASES

125761

The boards of trustees of state institutions of higher	125762
education shall restrain increases in in-state undergraduate	125763
instructional and general fees. Each state university and the	125764
Northeast Ohio Medical University shall not increase its in-state	125765
undergraduate instructional and general fees by more than 2.0 per	125766
cent or $188, whichever is higher, over what the institution	125767
charged for the preceding academic year.	125768

Each university regional campus shall not increase its	125769
in-state undergraduate instructional and general fees by more than	125770
2.0 per cent or $114, whichever is higher, over what the	125771
institution charged for the preceding academic year.	125772

Each community college, state community college, and	125773
technical college shall not increase its in-state undergraduate	125774
instructional and general fees by more than $100 over what the	125775
institution charged for the preceding academic year.	125776

These limitations shall not apply to increases required to	125777
comply with institutional covenants related to their obligations	125778
or to meet unfunded legal mandates or legally binding obligations	125779
incurred or commitments made prior to the effective date of this	125780
section with respect to which the institution had identified such	125781
fee increases as the source of funds. Any increase required by	125782
such covenants and any such mandates, obligations, or commitments	125783
shall be reported by the Chancellor of the Board of Regents to the	125784
Controlling Board. These limitations may also be modified by the	125785
Chancellor of the Board of Regents, with the approval of the	125786
Controlling Board, to respond to exceptional circumstances as	125787
identified by the Chancellor of the Board of Regents.	125788

Section 363.230. HIGHER EDUCATION - BOARD OF TRUSTEES

125789

(A) Funds appropriated for instructional subsidies at	125790
colleges and universities may be used to provide such branch or	125791
other off-campus undergraduate courses of study and such master's	125792
degree courses of study as may be approved by the Chancellor of	125793
the Board of Regents.	125794

(B) In providing instructional and other services to	125795
students, boards of trustees of state institutions of higher	125796
education shall supplement state subsidies with income from	125797
charges to students. Except as otherwise provided in this act,	125798
each board shall establish the fees to be charged to all students,	125799
including an instructional fee for educational and associated	125800
operational support of the institution and a general fee for	125801
noninstructional services, including locally financed student	125802
services facilities used for the benefit of enrolled students. The	125803
instructional fee and the general fee shall encompass all charges	125804
for services assessed uniformly to all enrolled students. Each	125805
board may also establish special purpose fees, service charges,	125806
and fines as required; such special purpose fees and service	125807
charges shall be for services or benefits furnished individual	125808
students or specific categories of students and shall not be	125809
applied uniformly to all enrolled students. A tuition surcharge	125810
shall be paid by all students who are not residents of Ohio.	125811

The board of trustees of a state institution of higher	125812
education shall not authorize a waiver or nonpayment of	125813
instructional fees or general fees for any particular student or	125814
any class of students other than waivers specifically authorized	125815
by law or approved by the Chancellor. This prohibition is not	125816
intended to limit the authority of boards of trustees to provide	125817
for payments to students for services rendered the institution,	125818
nor to prohibit the budgeting of income for staff benefits or for	125819
student assistance in the form of payment of such instructional	125820
and general fees.	125821

Each state institution of higher education in its statement	125822
of charges to students shall separately identify the instructional	125823
fee, the general fee, the tuition charge, and the tuition	125824
surcharge. Fee charges to students for instruction shall not be	125825
considered to be a price of service but shall be considered to be	125826
an integral part of the state government financing program in	125827
support of higher educational opportunity for students.	125828

(C) The boards of trustees of state institutions of higher	125829
education shall ensure that faculty members devote a proper and	125830
judicious part of their work week to the actual instruction of	125831
students. Total class credit hours of production per academic term	125832
per full-time faculty member is expected to meet the standards set	125833
forth in the budget data submitted by the Chancellor of the Board	125834
of Regents.	125835

(D) The authority of government vested by law in the boards	125836
of trustees of state institutions of higher education shall in	125837
fact be exercised by those boards. Boards of trustees may consult	125838
extensively with appropriate student and faculty groups.	125839
Administrative decisions about the utilization of available	125840
resources, about organizational structure, about disciplinary	125841
procedure, about the operation and staffing of all auxiliary	125842
facilities, and about administrative personnel shall be the	125843
exclusive prerogative of boards of trustees. Any delegation of	125844
authority by a board of trustees in other areas of responsibility	125845
shall be accompanied by appropriate standards of guidance	125846
concerning expected objectives in the exercise of such delegated	125847
authority and shall be accompanied by periodic review of the	125848
exercise of this delegated authority to the end that the public	125849
interest, in contrast to any institutional or special interest,	125850
shall be served.	125851

Section 363.240. STUDENT SUPPORT SERVICES

125852

The foregoing appropriation item 235502, Student Support	125853
Services, shall be distributed by the Chancellor of the Board of	125854
Regents to Ohio's state colleges and universities that incur	125855
disproportionate costs in the provision of support services to	125856
disabled students.	125857

Section 363.250. WAR ORPHANS SCHOLARSHIPS

125858

The foregoing appropriation item 235504, War Orphans	125859
Scholarships, shall be used to reimburse state institutions of	125860
higher education for waivers of instructional fees and general	125861
fees provided by them, to provide grants to institutions that have	125862
received a certificate of authorization from the Chancellor of the	125863
Board of Regents under Chapter 1713. of the Revised Code, in	125864
accordance with the provisions of section 5910.04 of the Revised	125865
Code, and to fund additional scholarship benefits provided by	125866
section 5910.032 of the Revised Code.	125867

Section 363.260. OHIOLINK

125868

The foregoing appropriation item 235507, OhioLINK, shall be	125869
used by the Chancellor of the Board of Regents to support	125870
OhioLINK, a consortium organized under division (T) of section	125871
3333.04 of the Revised Code to serve as the state's electronic	125872
library information and retrieval system, which provides access	125873
statewide to an extensive set of electronic databases and	125874
resources, the library holdings of Ohio's public and participating	125875
private nonprofit colleges and universities, and the State Library	125876
of Ohio.	125877

Section 363.270. AIR FORCE INSTITUTE OF TECHNOLOGY

125878

The foregoing appropriation item 235508, Air Force Institute	125879
of Technology, shall be used to: (A) strengthen the research and	125880
educational linkages between the Wright Patterson Air Force Base	125881
and institutions of higher education in Ohio; and (B) support the	125882
Dayton Area Graduate Studies Institute, an engineering graduate	125883
consortium of Wright State University, the University of Dayton,	125884
and the Air Force Institute of Technology, with the participation	125885
of the University of Cincinnati and The Ohio State University.	125886

Section 363.280. OHIO SUPERCOMPUTER CENTER

125887

The foregoing appropriation item 235510, Ohio Supercomputer	125888
Center, shall be used by the Chancellor of the Board of Regents to	125889
support the operation of the Ohio Supercomputer Center, a	125890
consortium organized under division (T) of section 3333.04 of the	125891
Revised Code, located at The Ohio State University. The Ohio	125892
Supercomputer Center is a statewide resource available to Ohio	125893
research universities both public and private. It is also intended	125894
that the center be made accessible to private industry as	125895
appropriate.	125896

Funds shall be used, in part, to support the Ohio	125897
Supercomputer Center's Computational Science Initiative, which	125898
includes its industrial outreach program, Blue Collar Computing,	125899
and its School of Computational Science. These collaborations	125900
between the Ohio Supercomputer Center and Ohio's colleges and	125901
universities shall be aimed at making Ohio a leader in using	125902
computer modeling to promote economic development.	125903

Section 363.290. COOPERATIVE EXTENSION SERVICE

125904

The foregoing appropriation item 235511, Cooperative	125905
Extension Service, shall be disbursed through the Chancellor of	125906
the Board of Regents to The Ohio State University in monthly	125907
payments, unless otherwise determined by the Director of Budget	125908
and Management under section 126.09 of the Revised Code.	125909

Section 363.300. CENTRAL STATE SUPPLEMENT

125910

The foregoing appropriation item 235514, Central State	125911
Supplement, shall be disbursed by the Chancellor of the Board of	125912
Regents to Central State University in accordance with the plan	125913
developed by the Chancellor and submitted to the Governor and the	125914
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	125915
General Assembly. Funds shall be used in a manner consistent with	125916
the goals of increasing enrollment, improving course completion,	125917
and increasing the number of degrees conferred.	125918

The Chancellor shall monitor the implementation of the plan	125919
and the use of funds. Central State University shall provide any	125920
information requested by the Chancellor related to the	125921
implementation of the plan. If the Chancellor determines that	125922
Central State University's use of supplemental funds is not in	125923
accordance with the plan or if the plan is not having the desired	125924
effect, the Chancellor may notify Central State University that	125925
the plan is suspended. Upon receiving such notice, Central State	125926
University shall avoid all unnecessary expenditures under the	125927
plan. The Chancellor shall notify the Controlling Board of the	125928
suspension of the plan and within sixty days prepare a new plan	125929
for the use of any remaining funds.	125930

Section 363.310. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	125931
MEDICINE	125932

The foregoing appropriation item 235515, Case Western Reserve	125933
University School of Medicine, shall be disbursed to Case Western	125934
Reserve University through the Chancellor of the Board of Regents	125935
in accordance with agreements entered into under section 3333.10	125936
of the Revised Code, provided that the state support per full-time	125937
medical student shall not exceed that provided to full-time	125938
medical students at state universities.	125939

Section 363.320. FAMILY PRACTICE

125940

The Chancellor of the Ohio Board of Regents shall develop	125941
plans consistent with existing criteria and guidelines as may be	125942
required for the distribution of appropriation item 235519, Family	125943
Practice.	125944

Section 363.330. SHAWNEE STATE SUPPLEMENT

125945

The foregoing appropriation item 235520, Shawnee State	125946
Supplement, shall be disbursed by the Chancellor of the Board of	125947
Regents to Shawnee State University in accordance with the plan	125948
developed by the Chancellor and submitted to the Governor and the	125949
General Assembly as directed by Am. Sub. H.B. 153 of the 129th	125950
General Assembly. Funds shall be used in a manner consistent with	125951
the goals of improving course completion, increasing the number of	125952
degrees conferred, and furthering the university's mission of	125953
service to the Appalachian region.	125954

The Chancellor shall monitor the implementation of the plan	125955
and the use of funds. Shawnee State University shall provide any	125956
information requested by the Chancellor related to the	125957
implementation of the plan. If the Chancellor determines that	125958
Shawnee State University's use of supplemental funds is not in	125959
accordance with the plan or if the plan is not having the desired	125960
effect, the Chancellor may notify Shawnee State University that	125961
the plan is suspended. Upon receiving such notice, Shawnee State	125962
University shall avoid all unnecessary expenditures under the	125963
plan. The Chancellor shall notify the Controlling Board of the	125964
suspension of the plan and within sixty days prepare a new plan	125965
for the use of any remaining funds.	125966

Section 363.340. POLICE AND FIRE PROTECTION

125967

The foregoing appropriation item 235524, Police and Fire	125968
Protection, shall be used for police and fire services in the	125969
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	125970
Portsmouth, Xenia Township (Greene County), Rootstown Township,	125971
and the City of Nelsonville that may be used to assist these local	125972
governments in providing police and fire protection for the	125973
central campus of the state-affiliated university located therein.	125974

Section 363.350. GERIATRIC MEDICINE

125975

The Chancellor of the Board of Regents shall develop plans	125976
consistent with existing criteria and guidelines as may be	125977
required for the distribution of appropriation item 235525,	125978
Geriatric Medicine.	125979

Section 363.360. PRIMARY CARE RESIDENCIES

125980

The Chancellor of the Board of Regents shall develop plans	125981
consistent with existing criteria and guidelines as may be	125982
required for the distribution of appropriation item 235526,	125983
Primary Care Residencies.	125984

The foregoing appropriation item 235526, Primary Care	125985
Residencies, shall be distributed in each fiscal year of the	125986
biennium, based on whether or not the institution has submitted	125987
and gained approval for a plan. If the institution does not have	125988
an approved plan, it shall receive five per cent less funding per	125989
student than it would have received from its annual allocation.	125990
The remaining funding shall be distributed among those	125991
institutions that meet or exceed their targets.	125992

Section 363.370. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	125993
CENTER	125994

The foregoing appropriation item 235535, Ohio Agricultural	125995
Research and Development Center, shall be disbursed through the	125996
Chancellor of the Board of Regents to The Ohio State University in	125997
monthly payments, unless otherwise determined by the Director of	125998
Budget and Management under section 126.09 of the Revised Code.	125999
The Ohio Agricultural Research and Development Center shall not be	126000
required to remit payment to The Ohio State University during the	126001
biennium ending June 30, 2015, for cost reallocation assessments.	126002
The cost reallocation assessments include, but are not limited to,	126003
any assessment on state appropriations to the Center.	126004

The Ohio Agricultural Research and Development Center, an	126005
entity of the College of Food, Agricultural, and Environmental	126006
Sciences of The Ohio State University, shall further its mission	126007
of enhancing Ohio's economic development and job creation by	126008
continuing to internally allocate on a competitive basis	126009
appropriated funding of programs based on demonstrated	126010
performance. Academic units, faculty, and faculty-driven programs	126011
shall be evaluated and rewarded consistent with agreed-upon	126012
performance expectations as called for in the College's	126013
Expectations and Criteria for Performance Assessment.	126014

Section 363.380. STATE UNIVERSITY CLINICAL TEACHING

126015

The foregoing appropriation items 235536, The Ohio State	126016
University Clinical Teaching; 235537, University of Cincinnati	126017
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	126018
235539, Wright State University Clinical Teaching; 235540, Ohio	126019
University Clinical Teaching; and 235541, Northeast Ohio Medical	126020
University Clinical Teaching, shall be distributed through the	126021
Chancellor of the Board of Regents.	126022

Section 363.390. CAPITAL COMPONENT

126023

The foregoing appropriation item 235552, Capital Component,	126024
shall be used by the Chancellor of the Board of Regents to provide	126025
funding for prior commitments made pursuant to the state's former	126026
capital funding policy for state colleges and universities that	126027
was originally established in Am. H.B. 748 of the 121st General	126028
Assembly. Appropriations from this item shall be distributed to	126029
all campuses for which the estimated campus debt service	126030
attributable to qualifying capital projects was less than the	126031
campus's formula-determined capital component allocation. Campus	126032
allocations shall be determined by subtracting the estimated	126033
campus debt service attributable to qualifying capital projects	126034
from the campus's formula-determined capital component allocation.	126035
Moneys distributed from this appropriation item shall be	126036
restricted to capital-related purposes.	126037

Any campus for which the estimated campus debt service	126038
attributable to qualifying capital projects is greater than the	126039
campus's formula-determined capital component allocation shall	126040
have the difference subtracted from its State Share of Instruction	126041
allocation in each fiscal year. Appropriation equal to the sum of	126042
all such amounts except that of the Ohio Agricultural Research and	126043
Development Center shall be transferred from appropriation item	126044
235501, State Share of Instruction, to appropriation item 235552,	126045
Capital Component. Appropriation equal to any estimated Ohio	126046
Agricultural Research and Development Center debt service	126047
attributable to qualifying capital projects that is greater than	126048
the Center's formula-determined capital component allocation shall	126049
be transferred from appropriation item 235535, Ohio Agricultural	126050
Research and Development Center, to appropriation item 235552,	126051
Capital Component.	126052

Section 363.400. LIBRARY DEPOSITORIES

126053

The foregoing appropriation item, 235555, Library	126054
Depositories, shall be distributed to the state's five regional	126055
depository libraries for the cost-effective storage of and access	126056
to lesser-used materials in university library collections. The	126057
depositories shall be administrated by the Chancellor of the Board	126058
of Regents, or by OhioLINK at the discretion of the Chancellor.	126059

Section 363.410. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

126060

The foregoing appropriation item 235556, Ohio Academic	126061
Resources Network, shall be used by the Chancellor of the Board of	126062
Regents to support the operations of the Ohio Academic Resources	126063
Network, a consortium organized under division (T) of section	126064
3333.04 of the Revised Code, which shall include support for	126065
Ohio's colleges and universities in maintaining and enhancing	126066
network connections, using new network technologies to improve	126067
research, education, and economic development programs, and	126068
sharing information technology services. To the extent network	126069
capacity is available, OARnet shall support allocating bandwidth	126070
to eligible programs directly supporting Ohio's economic	126071
development.	126072

Section 363.420. LONG-TERM CARE RESEARCH

126073

The foregoing appropriation item 235558, Long-term Care	126074
Research, shall be disbursed to Miami University for long-term	126075
care research.	126076

Section 363.430. OHIO COLLEGE OPPORTUNITY GRANT

126077

(A) Except as provided in division (C) of this section:

126078

Of the foregoing appropriation item 235563, Ohio College	126079
Opportunity Grant, $41,000,000 in each fiscal year shall be used	126080
by the Chancellor of the Board of Regents to award need-based	126081
financial aid to students enrolled in eligible four-year public	126082
institutions of higher education, excluding early college high	126083
school and post-secondary enrollment option participants.	126084

Of the foregoing appropriation item 235563, Ohio College	126085
Opportunity Grant, $41,000,000 in each fiscal year shall be used	126086
by the Chancellor of the Board of Regents to award need-based	126087
financial aid to students enrolled in eligible private nonprofit	126088
institutions of higher education, excluding early college high	126089
school and post-secondary enrollment option participants.	126090

The remainder of the foregoing appropriation item 235563,	126091
Ohio College Opportunity Grant, shall be used by the Chancellor of	126092
the Board of Regents to award needs-based financial aid to	126093
students enrolled in eligible private for-profit career colleges	126094
and schools.	126095

(B)(1) As used in this section:

126096

(a) "Eligible institution" means any institution described in	126097
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	126098
Code.	126099

(b) The three "sectors" of institutions of higher education	126100
consist of the following:	126101

(i) State colleges and universities, community colleges,	126102
state community colleges, university branches, and technical	126103
colleges;	126104

(ii) Eligible private nonprofit institutions of higher	126105
education;	126106

(iii) Eligible private for-profit career colleges and	126107
schools.	126108

(2) If the Chancellor determines that the amounts	126109
appropriated for support of the Ohio College Opportunity Grant	126110
program are inadequate to provide grants to all eligible students	126111
as calculated under division (D) of section 3333.122 of the	126112
Revised Code, the Chancellor may create a distribution formula for	126113
fiscal year 2014 and fiscal year 2015 based on the formula used in	126114
fiscal year 2013, or may follow methods established in division	126115
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	126116
Chancellor shall notify the Controlling Board of the distribution	126117
method. Any formula calculated under this division shall be	126118
complete and established to coincide with the start of the	126119
2013-2014 academic year.	126120

(C) Prior to determining the amount of funds available to	126121
award under this section and section 3333.122 of the Revised Code,	126122
the Chancellor shall use the foregoing appropriation item 235563,	126123
Ohio College Opportunity Grant, to pay for renewals or partial	126124
renewals of scholarships students receive under the Ohio Academic	126125
Scholarship Program under sections 3333.21 and 3333.22 of the	126126
Revised Code. In paying for scholarships under this division, the	126127
Chancellor shall deduct funds from the allocations made under	126128
division (A) of this section. Deductions shall be proportionate to	126129
the amounts allocated to each sector from the total amounts	126130
appropriated for each sector under the foregoing appropriation	126131
item 235563, Ohio College Opportunity Grant.	126132

In each fiscal year, the Chancellor shall not distribute or	126133
obligate or commit to be distributed an amount greater than what	126134
is appropriated under the foregoing appropriation item 235563,	126135
Ohio College Opportunity Grant.	126136

(D) The Chancellor shall establish, and post on the Ohio	126137
Board of Regents' web site, award tables based on any formulas	126138
created under division (B) of this section. The Chancellor shall	126139
notify students and institutions of any reductions in awards under	126140
this section.	126141

On or before August 31, 2013, the Chancellor of the Board of	126142
Regents shall submit award tables to the Controlling Board for the	126143
2013-2014 academic year and allocations of Ohio College	126144
Opportunity Grant awards not already specified in section 3333.122	126145
of the Revised Code.	126146

(E) Notwithstanding section 3333.122 of the Revised Code, no	126147
student shall be eligible to receive an Ohio College Opportunity	126148
Grant for more than ten semesters, fifteen quarters, or the	126149
equivalent of five academic years, less the number of semesters or	126150
quarters in which the student received an Ohio Instructional	126151
Grant.	126152

Section 363.440. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

126153

The foregoing appropriation item 235572, The Ohio State	126154
University Clinic Support, shall be distributed through the	126155
Chancellor of the Board of Regents to The Ohio State University	126156
for support of dental and veterinary medicine clinics.	126157

Section 363.450. NATIONAL GUARD SCHOLARSHIP PROGRAM

126158

The Chancellor of the Board of Regents shall disburse funds	126159
from appropriation item 235599, National Guard Scholarship	126160
Program. During each fiscal year, the Chancellor of the Board of	126161
Regents, within ten days of cancellation, may certify to the	126162
Director of Budget and Management the amount of canceled	126163
prior-year encumbrances in appropriation item 235599, National	126164
Guard Scholarship Program. Upon receipt of the certification, the	126165
Director of Budget and Management may transfer cash in an amount	126166
up to the amount certified from the General Revenue Fund to the	126167
National Guard Scholarship Reserve Fund (Fund 5BM0). The	126168
Chancellor of the Board of Regents shall seek Controlling Board	126169
approval to authorize additional expenditures for appropriation	126170
item 235623, National Guard Scholarship Reserve Fund. Upon	126171
approval of the Controlling Board, the additional amounts are	126172
hereby appropriated. The Chancellor of the Board of Regents shall	126173
disburse funds from appropriation item 235623, National Guard	126174
Scholarship Reserve Fund.	126175

Section 363.460. PLEDGE OF FEES

126176

Any new pledge of fees, or new agreement for adjustment of	126177
fees, made in the biennium ending June 30, 2015, to secure bonds	126178
or notes of a state institution of higher education for a project	126179
for which bonds or notes were not outstanding on the effective	126180
date of this section shall be effective only after approval by the	126181
Chancellor of the Board of Regents, unless approved in a previous	126182
biennium.	126183

Section 363.470. HIGHER EDUCATION GENERAL OBLIGATION DEBT	126184
SERVICE	126185

The foregoing appropriation item 235909, Higher Education	126186
General Obligation Debt Service, shall be used to pay all debt	126187
service and related financing costs at the times they are required	126188
to be made during the period from July 1, 2013, through June 30,	126189
2015, for obligations issued under sections 151.01 and 151.04 of	126190
the Revised Code.	126191

Section 363.480. SALES AND SERVICES

126192

The Chancellor of the Board of Regents is authorized to	126193
charge and accept payment for the provision of goods and services.	126194
Such charges shall be reasonably related to the cost of producing	126195
the goods and services. Except as otherwise provided by law, no	126196
charges may be levied for goods or services that are produced as	126197
part of the routine responsibilities or duties of the Chancellor.	126198
All revenues received by the Chancellor of the Board of Regents	126199
shall be deposited into Fund 4560, and may be used by the	126200
Chancellor of the Board of Regents to pay for the costs of	126201
producing the goods and services.	126202

Section 363.490. HIGHER EDUCATIONAL FACILITY COMMISSION	126203
ADMINISTRATION	126204

The foregoing appropriation item 235602, Higher Educational	126205
Facility Commission Administration, shall be used by the	126206
Chancellor of the Board of Regents for operating expenses related	126207
to the Chancellor of the Board of Regents' support of the	126208
activities of the Ohio Higher Educational Facility Commission.	126209
Upon the request of the Chancellor, the Director of Budget and	126210
Management may transfer up to $29,100 cash in each fiscal year	126211
from the HEFC Operating Expenses Fund (Fund 4610) to the HEFC	126212
Administration Fund (Fund 4E80).	126213

Section 363.500. NURSING LOAN PROGRAM

126214

The foregoing appropriation item 235606, Nursing Loan	126215
Program, shall be used to administer the nurse education	126216
assistance program. Up to $50,000 in each fiscal year may be used	126217
for operating expenses associated with the program. Any additional	126218
funds needed for the administration of the program are subject to	126219
Controlling Board approval.	126220

Section 363.510. TELECOMMUNITY AND DISTANCE LEARNING

126221

Of the foregoing appropriation item 235674, Telecommunity and	126222
Distance Learning, up to $25,000 in each fiscal year shall be	126223
distributed by the Chancellor of the Board of Regents on a grant	126224
basis to eligible school districts to establish "distance	126225
learning" through interactive video technologies in the school	126226
district. Per agreements with eight Ohio local telephone	126227
companies, ALLTEL Ohio, CENTURY Telephone of Ohio, Chillicothe	126228
Telephone Company, Cincinnati Bell Telephone Company, Orwell	126229
Telephone Company, Sprint North Central Telephone, VERIZON, and	126230
Western Reserve Telephone Company, school districts are eligible	126231
for funds if they are within one of the listed telephone company	126232
service areas. Funds to administer the program shall be expended	126233
by the Chancellor of the Board of Regents up to the amount	126234
specified in the agreements with the listed telephone companies.	126235

Within thirty days after the effective date of this section,	126236
the Director of Budget and Management shall transfer to Fund 4X10	126237
in the State Special Revenue Fund Group any investment earnings	126238
from moneys paid by any telephone company as part of any	126239
settlement agreement between the listed companies and the Public	126240
Utilities Commission in fiscal years 1996 and beyond.	126241

Of the foregoing appropriation item 235674, Telecommunity and	126242
Distance Learning, up to $24,150 in each fiscal year shall be	126243
distributed by the Chancellor of the Board of Regents on a grant	126244
basis to eligible school districts to establish "distance	126245
learning" in the school district. Per an agreement with Ameritech,	126246
school districts are eligible for funds if they are within an	126247
Ameritech service area. Funds to administer the program shall be	126248
expended by the Chancellor of the Board of Regents up to the	126249
amount specified in the agreement with Ameritech.	126250

Within thirty days after the effective date of this section,	126251
the Director of Budget and Management shall transfer to Fund 4X10	126252
in the State Special Revenue Fund Group any investment earnings	126253
from moneys paid by any telephone company as part of a settlement	126254
agreement between the company and the Public Utilities Commission	126255
in fiscal year 1995.	126256

Section 363.520. VETERANS PREFERENCES

126257

The Chancellor of the Board of Regents shall work with the	126258
Department of Veterans Services to develop specific veterans	126259
preference guidelines for higher education institutions. These	126260
guidelines shall ensure that the institutions' hiring practices	126261
are in accordance with the intent of Ohio's veterans preference	126262
laws.	126263

Section 363.530. STATE NEED-BASED FINANCIAL AID	126264
RECONCILIATION	126265

By the first day of August in each fiscal year, or as soon as	126266
possible thereafter, the Chancellor of the Board of Regents shall	126267
certify to the Director of Budget and Management the amount	126268
necessary to pay any outstanding prior year obligations to higher	126269
education institutions for the state's need-based financial aid	126270
programs. The amounts certified are hereby appropriated to	126271
appropriation item 235618, State Need-based Financial Aid	126272
Reconciliation, from revenues received in the State Need-based	126273
Financial Aid Reconciliation Fund (Fund 5Y50).	126274

Section 363.540. (A) As used in this section:

126275

(1) "Board of trustees" includes the managing authority of a	126276
university branch district.	126277

(2) "State institution of higher education" has the same	126278
meaning as in section 3345.011 of the Revised Code.	126279

(B) The board of trustees of any state institution of higher	126280
education, notwithstanding any rule of the institution to the	126281
contrary, may adopt a policy providing for mandatory furloughs of	126282
employees, including faculty, to achieve spending reductions	126283
necessitated by institutional budget deficits.	126284

Section 363.550. EFFICIENCY ADVISORY COMMITTEE

126285

The Chancellor of the Board of Regents shall establish an	126286
efficiency advisory committee for the purpose of generating	126287
optimal efficiency plans for campuses, identifying shared services	126288
opportunities, and sharing best practices. The efficiency advisory	126289
committee shall also attempt to reduce the cost of textbooks and	126290
other education resource materials. The committee shall meet at	126291
the call of the Chancellor or the Chancellor's designee, but at	126292
least quarterly. Each state institution of higher education shall	126293
designate an employee to serve as its efficiency officer	126294
responsible for the evaluation and improvement of operational	126295
efficiencies on campus. Each efficiency officer shall serve on the	126296
efficiency advisory committee.	126297

By December 31 of each year, the Efficiency Advisory	126298
Committee shall provide a report to the Office of Budget and	126299
Management, the Governor, and the General Assembly compiling the	126300
operational efficiency plans for all institutions of higher	126301
education and benchmarking efficiency gains realized over the	126302
preceding year and progress in implementing the prior year's	126303
efficiency plan. The report shall also be made available to the	126304
public on the Ohio Board of Regents web site.	126305

Section 363.570. (A) FUND ABOLITION

126306

On July 1, 2013, or as soon as possible thereafter, the	126307
Director of Budget and Management shall transfer the cash balance	126308
in the eTech Ohio Telecommunity Education Fund (Fund 4W90) to the	126309
Distance Learning Fund (Fund 4X10). Upon completion of the	126310
transfer, the eTech Ohio Telecommunity Education Fund (Fund	126311
4W90)is hereby abolished.	126312

(B) ETECH OHIO COMMISSION ABOLISHMENT AND APPROPRIATION LINE	126313
ITEM TRANSFER	126314

Effective July 1, 2013, the Director of Budget and Management	126315
shall cancel any existing encumbrances against appropriation item	126316
935401, Statehouse News Bureau, and re-establish them against	126317
appropriation item 235478, Statehouse News Bureau. The	126318
re-established encumbrance amounts are hereby appropriated. Any	126319
business commenced but not completed under appropriation item	126320
935401, Statehouse News Bureau, by July 1, 2013, shall be	126321
completed under appropriation item 235478, Statehouse News Bureau,	126322
in the same manner and with the same effect as if it were	126323
completed with regard to appropriation item 935401, Statehouse	126324
News Bureau.	126325

Effective July 1, 2013, the Director of Budget and Management	126326
shall cancel any existing encumbrances against appropriation item	126327
935402, Ohio Government Telecommunications Services, and	126328
re-establish them against appropriation item 235479, Ohio	126329
Government Telecommunications Services. The re-established	126330
encumbrance amounts are hereby appropriated. Any business	126331
commenced but not completed under appropriation item 935402, Ohio	126332
Government Telecommunications Services, by July 1, 2013, shall be	126333
completed under appropriation item 235479, Ohio Government	126334
Telecommunications Services, in the same manner and with the same	126335
effect as if it were completed with regard to appropriation item	126336
935402, Ohio Government Telecommunications Services.	126337

Effective July 1, 2013, the Director of Budget and Management	126338
shall cancel any existing encumbrances against appropriation item	126339
935408, General Operations, and re-establish them, as determined	126340
to be appropriate by the Director of Budget and Management,	126341
against appropriation item 235480, General Technology Operations.	126342
The re-established encumbrance amounts are hereby appropriated.	126343
Any business commenced but not completed under appropriation item	126344
935408, General Operations, by July 1, 2013, shall be completed,	126345
as determined to be appropriate by the Director of Budget and	126346
Management, under appropriation item 235480, General Technology	126347
Operations, in the same manner and with the same effect as if it	126348
were completed with regard to appropriation item 935408, General	126349
Operations.	126350

Effective July 1, 2013, the Director of Budget and Management	126351
shall cancel any existing encumbrances against appropriation item	126352
935409, Technology Operations, and re-establish them against	126353
appropriation item 235481, Technology Operations. The	126354
re-established encumbrance amounts are hereby appropriated. Any	126355
business commenced but not completed under appropriation item	126356
935409, Technology Operations, by July 1, 2013, shall be completed	126357
under appropriation item 235481, Technology Operations, in the	126358
same manner and with the same effect as if it were completed with	126359
regard to appropriation item 935409, Technology Operations.	126360

Effective July 1, 2013, the Director of Budget and Management	126361
shall cancel any existing encumbrances against appropriation item	126362
935410, Content Development, Acquisition, and Distribution, and	126363
re-establish them, as determined to be appropriate by the Director	126364
of Budget and Management, against appropriation item 235482,	126365
Content Development, Acquisition, and Distribution. The	126366
re-established encumbrance amounts are hereby appropriated. Any	126367
business commenced but not completed under appropriation item	126368
935410, Content Development, Acquisition, and Distribution, by	126369
July 1, 2013, shall be completed, as determined to be appropriate	126370
by the Director of Budget and Management, under appropriation item	126371
235482, Content Development, Acquisition, and Distribution, in the	126372
same manner and with the same effect as if it were completed with	126373
regard to appropriation item 935410, Content Development,	126374
Acquisition, and Distribution.	126375

Effective July 1, 2013, the Director of Budget and Management	126376
shall cancel any existing encumbrances against appropriation item	126377
935411, Technology Integration and Professional Development, and	126378
re-establish them, as determined to be appropriate by the Director	126379
of Budget and Management, against appropriation item 235483,	126380
Technology Integration and Professional Development. The	126381
re-established encumbrance amounts are hereby appropriated. Any	126382
business commenced but not completed under appropriation item	126383
935411, Technology Integration and Professional Development, by	126384
July 1, 2013, shall be completed, as determined to be appropriate	126385
by the Director of Budget and Management, under appropriation item	126386
235483, Technology Integration and Professional Development, in	126387
the same manner and with the same effect as if it were completed	126388
with regard to appropriation item 935411, Technology Integration	126389
and Professional Development.	126390

Effective July 1, 2013, the Director of Budget and Management	126391
shall cancel any existing encumbrances against appropriation item	126392
935412, Information Technology, and re-establish them against	126393
appropriation item 235484, Information Technology. The	126394
re-established encumbrance amounts are hereby appropriated. Any	126395
business commenced but not completed under appropriation item	126396
935412, Information Technology, by July 1, 2013, shall be	126397
completed under appropriation item 235484, Information Technology,	126398
in the same manner and with the same effect as if it were	126399
completed with regard to appropriation item 935412, Information	126400
Technology.	126401

Effective July 1, 2013, the Director of Budget and Management	126402
shall cancel any existing encumbrances against appropriation item	126403
935603, Affiliate Services, and re-establish them against	126404
appropriation item 235679, Affiliate Services. The re-established	126405
encumbrance amounts are hereby appropriated. Any business	126406
commenced but not completed under appropriation item 935603,	126407
Affiliate Services, by July 1, 2013, shall be completed under	126408
appropriation item 235679, Affiliate Services, in the same manner	126409
and with the same effect as if it were completed with regard to	126410
appropriation item 935603, Affiliate Services.	126411

Effective July 1, 2013, the Director of Budget and Management	126412
shall cancel any existing encumbrances against appropriation item	126413
935605, Government Television/Telecommunications Operating, and	126414
re-establish them against appropriation item 235680, Government	126415
Television/Telecommunications Operating. The re-established	126416
encumbrance amounts are hereby appropriated. Any business	126417
commenced but not completed under appropriation item 935605,	126418
Government Television/Telecommunications Operating, by July 1,	126419
2013, shall be completed under appropriation item 235680,	126420
Government Television/Telecommunications Operating, in the same	126421
manner and with the same effect as if it were completed with	126422
regard to appropriation item 935605, Government	126423
Television/Telecommunications Operating.	126424

Effective July 1, 2013, the Director of Budget and Management	126425
shall cancel any existing encumbrances against appropriation item	126426
935608, Media Services, and re-establish them against	126427
appropriation item 235676, Media Services. The re-established	126428
encumbrance amounts are hereby appropriated. Any business	126429
commenced but not completed under appropriation item 935608, Media	126430
Services, by July 1, 2013, shall be completed under appropriation	126431
item 235676, Media Services, in the same manner and with the same	126432
effect as if it were completed with regard to appropriation item	126433
935608, Media Services.	126434

Effective July 1, 2013, the Director of Budget and Management	126435
shall cancel any existing encumbrances against appropriation item	126436
935640, Conference/Special Purposes, and re-establish them against	126437
appropriation item 235675, Conference/Special Purposes. The	126438
re-established encumbrance amounts are hereby appropriated. Any	126439
business commenced but not completed under appropriation item	126440
935640, Conference/Special Purposes, by July 1, 2013, shall be	126441
completed under appropriation item 235675, Conference/Special	126442
Purposes, in the same manner and with the same effect as if it	126443
were completed with regard to appropriation item 935640,	126444
Conference/Special Purposes.	126445

Effective July 1, 2013, the Director of Budget and Management	126446
shall cancel any existing encumbrances against appropriation item	126447
935630, Telecommunity, and cancel any existing encumbrances	126448
against appropriation item 935634, Distance Learning, and	126449
re-establish them against appropriation item 235674, Telecommunity	126450
and Distance Learning. The re-established encumbrance amounts are	126451
hereby appropriated. Any business commenced but not completed	126452
under appropriation items 935630, Telecommunity, and 935634,	126453
Distance Learning, by July 1, 2013, shall be completed under	126454
appropriation item 235674, Telecommunity and Distance Learning, in	126455
the same manner and with the same effect as if it were completed	126456
with regard to appropriation items 935630, Telecommunity, and	126457
935634, Distance Learning.	126458

On July 1, 2013, or as soon as possible thereafter, the	126459
Director of Budget and Management shall cancel any existing	126460
capital appropriations and capital encumbrances of the former	126461
eTech Ohio Commission in the Higher Education Improvement Fund	126462
(Fund 7034), and re-establish them with the Chancellor of the	126463
Board of Regents in the Higher Education Improvement Fund (Fund	126464
7034). The re-established amounts are hereby appropriated.	126465

Effective July 1, 2013, notwithstanding any provision of the	126466
law to the contrary, the Director of Budget and Management may	126467
make budget changes made necessary by the transfer of the former	126468
eTech Ohio Commission to the Chancellor of the Board of Regents,	126469
if any, including administrative organization, program transfers,	126470
the creation of new funds, the transfer of state funds, the	126471
consolidation of funds, and the transfer of capital	126472
appropriations, as authorized by this section. The Director of	126473
Budget and Management may, if necessary, establish prior year	126474
encumbrances or parts of prior year encumbrances of the former	126475
eTech Ohio Commission with the Chancellor of the Board of Regents	126476
in the appropriate fund and appropriation item for the same	126477
purpose and for payment to the same vendor in fiscal year 2014 or	126478
fiscal year 2015. The established encumbrances plus any additional	126479
amounts determined to be necessary for the Chancellor of the Board	126480
of Regents to perform the operations and related management	126481
functions of the former eTech Ohio Commission are hereby	126482
appropriated.	126483

126484

There is hereby created the Ohio Broadcasting and Public	126485
Radio Advisory Board within the office of the Chancellor of the	126486
Board of Regents. All centralized broadcasting services, public	126487
television services, and public radio services currently provided	126488
by the eTech Ohio Commission North Star facility are hereby	126489
transferred to the Chancellor of the Board of Regents. The	126490
Chancellor of the Board of Regents shall select an Ohio	126491
Broadcasting and Public Radio Advisory Board comprised of four	126492
members who will advise the Chancellor on the direction and	126493
expenditure of funds. The Chancellor shall also appoint an	126494
Executive Director of the Ohio Broadcasting and Public Radio	126495
Advisory Board, who shall oversee the daily operations and staff	126496
of the North Star facility.	126497

(D) CONFERENCE OPERATION OFFICE

126498

Beginning in fiscal year 2014, the annual eTech Ohio	126499
Conference will be overseen by a Conference Operation Office	126500
comprised of employees of the Chancellor of the Board of Regents	126501
and Department of Education, including former employees of the	126502
eTech Ohio Commission transferred to the Chancellor of the Board	126503
of Regents and the Department of Education. The Office shall be	126504
responsible for conferences that focus on professional development	126505
in the education field, educational technology, distance learning,	126506
and other education topics pertinent to the State of Ohio.	126507

(E) ETECH ABOLISHMENT

126508

On and after July 1, 2013, the eTech Ohio Commission is	126509
hereby abolished and its duties, personnel, assets, and	126510
liabilities are transferred as provided in divisions (F) and (G)	126511
of this section.	126512

(F) TRANSFER OF RESPONSIBILITIES

126513

(1) On July 1, 2013, responsibility for administration of the	126514
state's educational telecommunications activities under sections	126515
3333.89, 3333.91, and 3333.92 and new section 3333.90 of the	126516
Revised Code and teacher professional development for implementing	126517
educational technology under section 3319.235 of the Revised Code	126518
are transferred from the former eTech Ohio Commission to the	126519
Chancellor of the Ohio Board of Regents. The Chancellor is	126520
thereupon and thereafter successor to, assumes the obligations of,	126521
and otherwise constitutes the continuation of the eTech Ohio	126522
Commission relating to the functions, assets, records, and	126523
obligations of the state regarding those matters.	126524

All other functions of the former eTech Ohio Commission are	126525
discontinued.	126526

(2) Any business commenced but not completed by the former	126527
eTech Ohio Commission shall be completed by the Chancellor in the	126528
same manner, and with the same effect, as if completed by the	126529
eTech Ohio Commission. No validation, cure, right, privilege,	126530
remedy, obligation, or liability is lost or impaired by reason of	126531
the transfer, and shall be recognized, administered, performed, or	126532
enforced by the Chancellor.	126533

(3) All of the rules of the former eTech Ohio Commission	126534
continue in effect as rules of the Chancellor, until amended or	126535
rescinded by the Chancellor.	126536

(4) No judicial or administrative action or proceeding in	126537
which the former eTech Ohio Commission is a party, that is pending	126538
on the effective date of this section, is affected by the	126539
transfer. Such action or proceeding shall be prosecuted or	126540
defended in the name of the Chancellor. On application to the	126541
court or other tribunal, the Chancellor of the Ohio Board of	126542
Regents shall be substituted for the eTech Ohio Commission as a	126543
party to such action or proceeding.	126544

(5) Subject to the lay-off provisions of sections 124.321 to	126545
124.328, section 3301.41, and division (C) of new section 3333.90	126546
of the Revised Code, all employees of the former eTech Ohio	126547
Commission continue with the Chancellor or with the Department of	126548
Education and retain their positions and all benefits accruing	126549
thereto. The Chancellor, the Superintendent of Public Instruction,	126550
and the Director of the Office of Budget and Management shall	126551
jointly determine which employees continue with the Chancellor and	126552
which continue with the Department.	126553

(6) All books, records, documents, files, transcripts,	126554
equipment, furniture, supplies, and other materials assigned to or	126555
in the possession of the former eTech Ohio Commission shall be	126556
transferred to the Chancellor.	126557

(G) TRANSFER OF CAPITAL DUTIES

126558

As of July 1, 2013, the Chancellor of the Board of Regents	126559
shall succeed to and have and perform all fiduciary duties and	126560
responsibilities previously held by the Director of eTech Ohio for	126561
all outstanding capital appropriations designated for use by eTech	126562
Ohio.	126563

(H) EDUCATIONAL TELECOMMUNICATIONS RESPONSIBILITIES

126564

(1) Beginning July 1, 2013, the Chancellor of the Ohio Board	126565
of Regents shall do all of the following regarding the management	126566
and oversight of the state's educational telecommunications	126567
activities:	126568

(a) Own or operate transmission facilities and	126569
interconnection facilities, or contract for transmission	126570
facilities and interconnection facilities, for an educational	126571
television, radio, or radio reading service network;	126572

(b) Establish standards for interconnection facilities used	126573
by the Chancellor in the transmission of educational television,	126574
radio, or radio reading service programming;	126575

(c) Enter into agreements with noncommercial educational	126576
television or radio broadcasting stations or radio reading	126577
services for the operation of the interconnection;	126578

(d) Enter into agreements with noncommercial educational	126579
television or radio broadcasting stations or radio reading	126580
services for the production and use of educational television,	126581
radio, or radio reading service programs to be transmitted by the	126582
educational telecommunications network;	126583

(e) Act as consultant with educational television and	126584
educational radio stations and radio reading services toward	126585
coordination within the state of the distribution of federal funds	126586
that may become available for equipment for educational	126587
broadcasting or radio reading services;	126588

(f) Make payments to noncommercial Ohio educational	126589
television or radio broadcasting stations or radio reading	126590
services to sustain the operation of such stations or services;	126591

(g) Execute contracts and other agreements necessary and	126592
desirable to carry out the purposes of this section.	126593

(2) Sections 9.331 to 9.335 and Chapters 123., 124., 125.,	126594
and 153. of the Revised Code do not apply to contracts, programs,	126595
projects, or activities of the Chancellor carried out under	126596
division (H)(1) of this section.	126597

(3) All employees of the former eTech Ohio Commission who	126598
transferred to the office of the Chancellor, as a result of the	126599
transfer to the Chancellor of the state's educational	126600
telecommunications activities by this section, and who when	126601
employed by that Commission or a predecessor agency were included	126602
in a bargaining unit established under Chapter 4117. of the	126603
Revised Code, shall continue to be included in that bargaining	126604
unit, are public employees as defined in section 4117.01 of the	126605
Revised Code, and may collectively bargain with the Chancellor in	126606
accordance with that chapter. Otherwise, any employee hired by the	126607
Chancellor on or after the effective date of this section, either	126608
to fill vacancies or to fill new positions related to the	126609
Chancellor's duties under this section, shall be exempt from	126610
Chapter 4117. of the Revised Code and shall not be public	126611
employees as defined in section 4117.01 of the Revised Code.	126612

Section 365.10. DRC DEPARTMENT OF REHABILITATION AND	126613
CORRECTION	126614

General Revenue Fund	126615

GRF	501321	Institutional Operations	$	883,768,015	$	873,724,802	126616
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	126617
GRF	501405	Halfway House	$	45,049,356	$	46,024,108	126618
GRF	501406	Lease Rental Payments	$	104,099,500	$	99,534,800	126619
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	126620
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	126621
GRF	501501	Community Residential Programs - CBCF	$	63,345,972	$	66,150,781	126622
GRF	503321	Parole and Community Operations	$	64,480,938	$	65,029,680	126623
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	126624
GRF	505321	Institution Medical Services	$	234,289,774	$	236,139,452	126625
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	126626
TOTAL GRF General Revenue Fund			$	1,487,839,928	$	1,479,794,707	126627

General Services Fund Group	126628

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	126629
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	126630
4830	501605	Property Receipts	$	582,086	$	582,086	126631
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	126632
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	126633
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	126634
4S50	501608	Education Services	$	4,114,782	$	4,114,782	126635
5710	501606	Training Academy Receipts	$	125,000	$	125,000	126636
5930	501618	Laboratory Services	$	3,750,000	$	0	126637
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	126638
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	126639
5L60	501611	Information Technology Services	$	250,000	$	250,000	126640
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	126641

Federal Special Revenue Fund Group	126642

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	126643
TOTAL FED Federal Special Revenue							126644
Fund Group			$	7,132,943	$	7,132,943	126645

TOTAL ALL BUDGET FUND GROUPS

1,572,403,588

1,559,868,556

126646

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	126647
SENTENCING REFORMS	126648

For the purposes of implementing criminal sentencing reforms,	126649
and notwithstanding any other provision of law to the contrary,	126650
the Director of Budget and Management, at the request of the	126651
Director of Rehabilitation and Correction, may transfer up to	126652
$14,000,000 in appropriations, in each of fiscal years 2014 and	126653
2015, from appropriation item 501321, Institutional Operations, to	126654
any combination of appropriation items 501405, Halfway House;	126655
501407, Community Residential Programs; 501408, Community	126656
Misdemeanor Programs; and 501501, Community Residential Programs -	126657
CBCF.	126658

LEASE RENTAL PAYMENTS

126659

The foregoing appropriation item 501406, Lease Rental	126660
Payments, shall be used to meet all payments at the times they are	126661
required to be made during the period from July 1, 2013, through	126662
June 30, 2015, by the Department of Rehabilitation and Correction	126663
under the primary leases and agreements for those buildings made	126664
under Chapters 152. and 154. of the Revised Code. These	126665
appropriations are the source of funds pledged for bond service	126666
charges on related obligations issued under Chapters 152. and 154.	126667
of the Revised Code.	126668

OSU MEDICAL CHARGES

126669

Notwithstanding section 341.192 of the Revised Code, at the	126670
request of the Department of Rehabilitation and Correction, The	126671
Ohio State University Medical Center, including the Arthur G.	126672
James Cancer Hospital and Richard J. Solove Research Institute and	126673
the Richard M. Ross Heart Hospital, shall provide necessary care	126674
to persons who are confined in state adult correctional	126675
facilities. The provision of necessary care shall be billed to the	126676
Department at a rate not to exceed the authorized reimbursement	126677
rate for the same service established by the Department of	126678
Medicaid under the Medicaid Program.	126679

CORRECTIVE CASH TRANSFER

126680

At the request of the Director of Rehabilitation and	126681
Correction, the Director of Budget and Management may transfer an	126682
amount not to exceed $2,391 in cash that was mistakenly deposited	126683
in the Federal Grants Fund (Fund 3230) to the General Revenue	126684
Fund.	126685

Section 369.10. RCB RESPIRATORY CARE BOARD

126686

General Services Fund Group	126687

4K90	872609	Operating Expenses	$	547,576	$	542,246	126688
TOTAL GSF General Services							126689
Fund Group			$	547,576	$	542,246	126690
TOTAL ALL BUDGET FUND GROUPS			$	547,576	$	542,246	126691

Section 371.10. RDF REVENUE DISTRIBUTION FUNDS

126693

Special State Revenue Fund Group	126694

5JG0	110633		Gross Casino Revenue County Fund		$	158,005,325		$	168,977,942		126695
TOTAL SSR State Special Revenue Fund Group					$	158,005,325		$	168,977,942		126696

Volunteer Firefighters' Dependents Fund	126697

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	126698
TOTAL 085 Volunteer Firefighters'							126699
Dependents Fund			$	300,000	$	300,000	126700

Agency Fund Group	126701

4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	126702
5JH0	110634	Gross Casino Revenue County Student Fund	$	105,336,883	$	112,651,961	126703
5JJ0	110636	Gross Casino Revenue Host City Fund	$	15,490,718	$	16,566,465	126704
6080	001699	Investment Earnings	$	30,000,000	$	30,000,000	126705
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	126706
7063	110963	Permissive Tax Distribution	$	2,066,331,400	$	2,151,135,100	126707
7067	110967	School District Income Tax	$	346,669,300	$	365,277,800	126708
7099	762902	Permissive Tax Distribution - Auto Registration	$	184,000,000	$	184,000,000	126709
TOTAL AGY Agency Fund Group			$	2,751,928,301	$	2,863,731,326	126710

Holding Account Redistribution	126711

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	126712
TOTAL 090 Holding Account Redistribution Fund			$	40,000,000	$	40,000,000	126713
Revenue Distribution Fund Group							126714
7049	335900	Indigent Drivers Alcohol Treatment	$	2,250,000	$	2,250,000	126715
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	126716
7051	762901	Auto Registration Distribution	$	360,000,000	$	360,000,000	126717
7054	110954	Local Government Property Tax Replacement - Utility	$	5,649,000	$	5,649,000	126718
7060	110960	Gasoline Excise Tax Fund	$	395,000,000	$	395,000,000	126719
7065	110965	Public Library Fund	$	359,300,000	$	369,000,000	126720
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	126721
7068	110968	State and Local Government Highway Distribution	$	196,000,000	$	196,000,000	126722
7069	110969	Local Government Fund	$	363,600,000	$	376,400,000	126723
7081	110981	Local Government Property Tax Replacement-Business	$	146,500,000	$	107,900,000	126724
7082	110982	Horse Racing Tax	$	100,000	$	100,000	126725
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	126726
TOTAL RDF Revenue Distribution							126727
Fund Group			$	1,873,899,000	$	1,857,799,000	126728
TOTAL ALL BUDGET FUND GROUPS			$	4,824,132,626	$	4,930,808,268	126729

ADDITIONAL APPROPRIATIONS

126730

Appropriation items in this section shall be used for the	126731
purpose of administering and distributing the designated revenue	126732
distribution funds according to the Revised Code. If it is	126733
determined that additional appropriations are necessary for this	126734
purpose, such amounts are hereby appropriated.	126735

GENERAL REVENUE FUND TRANSFERS

126736

Notwithstanding any provision of law to the contrary, in	126737
fiscal year 2014 and fiscal year 2015, the Director of Budget and	126738
Management may transfer from the General Revenue Fund to the Local	126739
Government Tangible Property Tax Replacement Fund (Fund 7081) in	126740
the Revenue Distribution Fund Group, those amounts necessary to	126741
reimburse local taxing units under section 5751.22 of the Revised	126742
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director	126743
of Budget and Management may make temporary transfers from the	126744
General Revenue Fund to ensure sufficient balances in the Local	126745
Government Tangible Property Tax Replacement Fund (Fund 7081) and	126746
to replenish the General Revenue Fund for such transfers.	126747

AUTO REGISTRATION DISTRIBUTION FUND

126748

Notwithstanding the amendment to section 4501.03 of the	126749
Revised Code and the enactment of section 4501.031 of the Revised	126750
Code, any license tax assessed under Chapter 4503. or Chapter	126751
4504. of the Revised Code, and derived from registrations	126752
processed on business days prior to July 1, 2013, shall be	126753
deposited to the state treasury to the credit of the auto	126754
registration distribution fund created by section 4501.03 of the	126755
Revised Code, even if such deposit does not occur until on or	126756
after July 1, 2013. All license tax assessed on registrations	126757
under Chapter 4503. or Chapter 4504., of the Revised Code prior to	126758
July 1, 2013 shall be deposited and distributed in accordance with	126759
sections 4501.03, 4501.04, 4501.041, 4501.042, and 4501.043 of the	126760
Revised Code as they existed prior to the amendments under this	126761
act.	126762

Section 373.10. SAN BOARD OF SANITARIAN REGISTRATION

126763

General Services Fund Group	126764

4K90	893609	Operating Expenses	$	137,850	$	129,850	126765
TOTAL GSF General Services							126766
Fund Group			$	137,850	$	129,850	126767
TOTAL ALL BUDGET FUND GROUPS			$	137,850	$	129,850	126768

Section 375.10. OSB OHIO STATE SCHOOL FOR THE BLIND

126770

General Revenue Fund	126771

GRF	226321		Operations		$	7,278,579		$	7,278,579		126772
TOTAL GRF General Revenue Fund					$	7,278,579		$	7,278,579		126773

General Services Fund Group	126774

4H80	226602	Education Reform Grants	$	27,000	$	27,000	126775
TOTAL GSF General Services							126776
Fund Group			$	27,000	$	27,000	126777

Federal Special Revenue Fund Group	126778

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	126779
3DT0	226621	Ohio Transition Collaborative	$	650,000	$	650,000	126780
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	126781
TOTAL FED Federal Special							126782
Revenue Fund Group			$	3,227,104	$	3,227,104	126783

State Special Revenue Fund Group	126784

4M50	226601	Work Study and Technology Investment	$	461,521	$	461,521	126785
TOTAL SSR State Special Revenue							126786
Fund Group			$	461,521	$	461,521	126787
TOTAL ALL BUDGET FUND GROUPS			$	10,994,204	$	10,994,204	126788

Section 377.10. OSD OHIO SCHOOL FOR THE DEAF

126790

General Revenue Fund	126791

GRF	221321		Operations		$	8,727,657		$	8,727,657		126792
TOTAL GRF General Revenue Fund					$	8,727,657		$	8,727,657		126793

General Services Fund Group	126794

4M10	221602	Education Reform Grants	$	35,000	$	35,000	126795
TOTAL GSF General Services							126796
Fund Group			$	35,000	$	35,000	126797

Federal Special Revenue Fund Group	126798

3110	221625	Coordinating Unit	$	2,153,245	$	2,153,245	126799
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	126800
TOTAL FED Federal Special							126801
Revenue Fund Group			$	2,188,245	$	2,188,245	126802

State Special Revenue Fund Group	126803

4M00	221601	Educational Program Expenses	$	95,000	$	95,000	126804
5H60	221609	Even Start Fees and Gifts	$	35,000	$	35,000	126805
TOTAL SSR State Special Revenue							126806
Fund Group			$	130,000	$	130,000	126807
TOTAL ALL BUDGET FUND GROUPS			$	11,080,902	$	11,080,902	126808

Section 381.10. SOS SECRETARY OF STATE

126810

General Revenue Fund	126811

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	126812
GRF	050407	Pollworkers Training	$	234,196	$	234,196	126813
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	126814

General Services Fund Group	126815

4120	050609	Notary Commission	$	475,000	$	475,000	126816
4130	050601	Information Systems	$	49,000	$	49,000	126817
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	126818
5FG0	050620	BOE Reimbursement and Education	$	80,000	$	80,000	126819
TOTAL General Services Fund Group			$	611,200	$	611,200	126820

Federal Special Revenue Fund Group	126821

3AH0	050614	Election Reform/Health and Human Services	$	300,000	$	300,000	126822
3AS0	050616	Help America Vote Act (HAVA)	$	1,710,000	$	1,710,000	126823
TOTAL FED Federal Special Revenue							126824
Fund Group			$	2,010,000	$	2,010,000	126825

State Special Revenue Fund Group	126826

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	126827
TOTAL SSR State Special Revenue							126828
Fund Group			$	14,385,400	$	14,385,400	126829

Holding Account Redistribution Fund Group	126830

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	126831
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	126832
TOTAL 090 Holding Account							126833
Redistribution Fund Group			$	115,000	$	115,000	126834
TOTAL ALL BUDGET FUND GROUPS			$	19,499,826	$	19,499,826	126835

POLLWORKER TRAINING

126836

The foregoing appropriation item 050407, Pollworkers	126837
Training, shall be used to reimburse county boards of elections	126838
for pollworker training pursuant to section 3501.27 of the Revised	126839
Code. At the end of fiscal year 2014, an amount equal to the	126840
unexpended, unencumbered portion of appropriation item 050407,	126841
Pollworkers Training, is hereby reappropriated in fiscal year 2015	126842
for the same purpose.	126843

BOARD OF VOTING MACHINE EXAMINERS

126844

The foregoing appropriation item 050610, Board of Voting	126845
Machine Examiners, shall be used to pay for the services and	126846
expenses of the members of the Board of Voting Machine Examiners,	126847
and for other expenses that are authorized to be paid from the	126848
Board of Voting Machine Examiners Fund, which is created in	126849
section 3506.05 of the Revised Code. Moneys not used shall be	126850
returned to the person or entity submitting equipment for	126851
examination. If it is determined that additional appropriations	126852
are necessary, such amounts are hereby appropriated.	126853

HAVA FUNDS

126854

An amount equal to the unexpended, unencumbered portion of	126855
appropriation item 050614, Election Reform/Health and Human	126856
Services, at the end of fiscal year 2014 is reappropriated for the	126857
same purpose in fiscal year 2015.	126858

An amount equal to the unexpended, unencumbered portion of	126859
appropriation item 050616, Help America Vote Act (HAVA), at the	126860
end of fiscal year 2014 is reappropriated for the same purpose in	126861
fiscal year 2015.	126862

The Director of Budget and Management shall credit the	126863
ongoing interest earnings from the Election Reform/Health and	126864
Human Services Fund (Fund 3AH0) and the Help America Vote Act	126865
(HAVA) (Fund 3AS0) to the respective funds and distribute these	126866
earnings in accordance with the terms of the grant under which the	126867
money is received.	126868

MISCELLANEOUS FEDERAL GRANTS

126869

On July 1, 2013, or as soon as possible thereafter, the	126870
Director of Budget and Management shall transfer from the General	126871
Revenue Fund (GRF) all investment earnings and amounts equal to	126872
the interest earnings that were attributable to the Miscellaneous	126873
Federal Grants Fund (Fund 3FM0) in each quarter of fiscal year	126874
2013. The Director of Budget and Management shall credit the	126875
ongoing interest earnings from Fund 3FM0 to that fund and	126876
distribute these earnings in accordance with the terms of the	126877
grant under which the money was received.	126878

HOLDING ACCOUNT REDISTRIBUTION GROUP

126879

The foregoing appropriation items 050605, Uniform Commercial	126880
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	126881
be used to hold revenues until they are directed to the	126882
appropriate accounts or until they are refunded. If it is	126883
determined that additional appropriations are necessary, such	126884
amounts are hereby appropriated.	126885

Section 383.10. SEN THE OHIO SENATE

126886

General Revenue Fund	126887

GRF	020321		Operating Expenses		$	11,947,822		$	11,947,822		126888
TOTAL GRF General Revenue Fund					$	11,947,822		$	11,947,822		126889

General Services Fund Group	126890

1020	020602	Senate Reimbursement	$	852,001	$	852,001	126891
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	126892
TOTAL GSF General Services							126893
Fund Group			$	886,498	$	886,498	126894
TOTAL ALL BUDGET FUND GROUPS			$	12,834,320	$	12,834,320	126895

OPERATING EXPENSES

126896

On July 1, 2013, or as soon as possible thereafter, the Clerk	126897
of the Senate may certify to the Director of Budget and Management	126898
the amount of the unexpended, unencumbered balance of the	126899
foregoing appropriation item 020321, Operating Expenses, at the	126900
end of fiscal year 2013 to be reappropriated to fiscal year 2014.	126901
The amount certified is hereby reappropriated to the same	126902
appropriation item for fiscal year 2014.	126903

On July 1, 2014, or as soon as possible thereafter, the Clerk	126904
of the Senate may certify to the Director of Budget and Management	126905
the amount of the unexpended, unencumbered balance of the	126906
foregoing appropriation item 020321, Operating Expenses, at the	126907
end of fiscal year 2014 to be reappropriated to fiscal year 2015.	126908
The amount certified is hereby reappropriated to the same	126909
appropriation item for fiscal year 2015.	126910

Section 385.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

126911

General Revenue Fund	126912

GRF	866321		CSV Operations		$	286,661		$	294,072		126913
TOTAL GRF General Revenue Fund					$	286,661		$	294,072		126914

General Services Fund	126915

5GN0	866605		Serve Ohio Support		$	30,000		$	30,000		126916
TOTAL GSF General Services Fund					$	30,000		$	30,000		126917

Federal Special Revenue Fund Group	126918

3R70	866617	AmeriCorps Programs	$	7,447,000	$	7,447,000	126919
TOTAL FED Federal Special Revenue							126920
Fund Group			$	7,447,000	$	7,447,000	126921
TOTAL ALL BUDGET FUND GROUPS			$	7,763,661	$	7,771,072	126922

Section 387.10. CSF COMMISSIONERS OF THE SINKING FUND

126924

Debt Service Fund Group	126925

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	66,511,600	$	83,783,000	126926
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	132,647,900	$	127,171,800	126927
7073	155903	Natural Resources Bond Retirement Fund	$	24,325,400	$	25,443,000	126928
7074	155904	Conservation Projects Bond Retirement Fund	$	33,376,600	$	34,447,700	126929
7076	155906	Coal Research and Development Bond Retirement Fund	$	2,858,900	$	4,327,200	126930
7077	155907	State Capital Improvement Bond Retirement Fund	$	227,810,300	$	228,948,900	126931
7078	155908	Common Schools Bond Retirement Fund	$	351,806,100	$	377,364,700	126932
7079	155909	Higher Education Bond Retirement Fund	$	221,168,700	$	248,822,000	126933
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	7,542,600	$	9,914,800	126934
7090	155912	Job Ready Site Development Bond Retirement Fund	$	15,498,400	$	19,124,500	126935
TOTAL DSF Debt Service Fund Group			$	1,083,546,500	$	1,159,347,600	126936
TOTAL ALL BUDGET FUND GROUPS			$	1,083,546,500	$	1,159,347,600	126937

ADDITIONAL APPROPRIATIONS

126938

Appropriation items in this section are for the purpose of	126939
paying debt service and financing costs on bonds or notes of the	126940
state issued under the Ohio Constitution and acts of the General	126941
Assembly. If it is determined that additional amounts are	126942
necessary for this purpose, such amounts are hereby appropriated.	126943

Section 389.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	126944
DEVELOPMENT FOUNDATION	126945

Tobacco Master Settlement Agreement Fund Group	126946

5M90	945601	Operating Expenses	$	426,800	$	426,800	126947
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	426,800	$	426,800	126948
TOTAL ALL BUDGET FUND GROUPS			$	426,800	$	426,800	126949

Section 391.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	126951
AUDIOLOGY	126952

General Services Fund Group	126953

4K90	886609	Operating Expenses	$	472,260	$	508,660	126954
TOTAL GSF General Services							126955
Fund Group			$	472,260	$	508,660	126956
TOTAL ALL BUDGET FUND GROUPS			$	427,260	$	508,660	126957

Section 393.10. BTA BOARD OF TAX APPEALS

126959

General Revenue Fund	126960

GRF	116321	Operating Expenses	$	1,700,000	$	1,700,000	126961
TOTAL GRF General Revenue Fund			$	1,700,000	$	1,700,000	126962
TOTAL ALL BUDGET FUND GROUPS			$	1,700,000	$	1,700,000	126963

Section 395.10. TAX DEPARTMENT OF TAXATION

126965

General Revenue Fund	126966

GRF	110321	Operating Expenses	$	71,068,330	$	67,968,332	126967
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	126968
GRF	110901	Property Tax Allocation - Taxation	$	666,640,000	$	693,305,600	126969
TOTAL GRF General Revenue Fund			$	737,886,530	$	761,452,132	126970

General Services Fund Group	126971

2280	110628	Revenue Enhancement	$	15,500,000	$	17,500,000	126972
4330	110602	Tape File Account	$	175,000	$	175,000	126973
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	126974
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	126975
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	126976
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	126977
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	126978
5V80	110623	Property Tax Administration	$	11,978,310	$	11,978,310	126979
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	126980
TOTAL GSF General Services							126981
Fund Group			$	33,492,810	$	33,492,810	126982

State Special Revenue Fund Group	126983

4350	110607	Local Tax Administration	$	20,000,000	$	20,700,000	126984
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	126985
4370	110606	Income Tax Contribution	$	38,800	$	38,800	126986
4380	110609	School District Income Tax	$	5,802,044	$	5,802,044	126987
4C60	110616	International Registration Plan	$	682,415	$	682,415	126988
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	126989
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	126990
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	126991
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	126992
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	126993
TOTAL SSR State Special Revenue							126994
Fund Group			$	36,287,450	$	36,987,450	126995

Agency Fund Group	126996

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	126997
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	126998
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	126999

Holding Account Redistribution Fund Group	127000

R010	110611	Tax Distributions	$	50,000	$	50,000	127001
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	127002
TOTAL 090 Holding Account							127003
Redistribution Fund Group			$	100,000	$	100,000	127004
TOTAL ALL BUDGET FUND GROUPS			$	2,375,566,790	$	2,399,832,392	127005

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

127006

The foregoing appropriation item 110901, Property Tax	127007
Allocation - Taxation, is hereby appropriated to pay for the	127008
state's costs incurred due to the Homestead Exemption, the	127009
Manufactured Home Property Tax Rollback, and the Property Tax	127010
Rollback. The Tax Commissioner shall distribute these funds	127011
directly to the appropriate local taxing districts, except for	127012
school districts, notwithstanding the provisions in sections	127013
321.24 and 323.156 of the Revised Code, which provide for payment	127014
of the Homestead Exemption, the Manufactured Home Property Tax	127015
Rollback, and Property Tax Rollback by the Tax Commissioner to the	127016
appropriate county treasurer and the subsequent redistribution of	127017
these funds to the appropriate local taxing districts by the	127018
county auditor.	127019

Upon receipt of these amounts, each local taxing district	127020
shall distribute the amount among the proper funds as if it had	127021
been paid as real property taxes. Payments for the costs of	127022
administration shall continue to be paid to the county treasurer	127023
and county auditor as provided for in sections 319.54, 321.26, and	127024
323.156 of the Revised Code.	127025

Any sums, in addition to the amounts specifically	127026
appropriated in appropriation item 110901, Property Tax Allocation	127027
- Taxation, for the Homestead Exemption, the Manufactured Home	127028
Property Tax Rollback, and the Property Tax Rollback payments,	127029
which are determined to be necessary for these purposes, are	127030
hereby appropriated.	127031

MUNICIPAL INCOME TAX

127032

The foregoing appropriation item 110995, Municipal Income	127033
Tax, shall be used to make payments to municipal corporations	127034
under section 5745.05 of the Revised Code. If it is determined	127035
that additional appropriations are necessary to make such	127036
payments, such amounts are hereby appropriated.	127037

TAX REFUNDS

127038

The foregoing appropriation item 110635, Tax Refunds, shall	127039
be used to pay refunds under section 5703.052 of the Revised Code.	127040
If it is determined that additional appropriations are necessary	127041
for this purpose, such amounts are hereby appropriated.	127042

INTERNATIONAL REGISTRATION PLAN AUDIT

127043

The foregoing appropriation item 110616, International	127044
Registration Plan, shall be used under section 5703.12 of the	127045
Revised Code for audits of persons with vehicles registered under	127046
the International Registration Plan.	127047

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

127048

Of the foregoing appropriation item 110607, Local Tax	127049
Administration, the Tax Commissioner may disburse funds, if	127050
available, for the purposes of paying travel expenses incurred by	127051
members of Ohio's delegation to the Streamlined Sales Tax Project,	127052
as appointed under section 5740.02 of the Revised Code. Any travel	127053
expense reimbursement paid for by the Department of Taxation shall	127054
be done in accordance with applicable state laws and guidelines.	127055

TOBACCO SETTLEMENT ENFORCEMENT

127056

The foregoing appropriation item 110404, Tobacco Settlement	127057
Enforcement, shall be used by the Tax Commissioner to pay costs	127058
incurred in the enforcement of divisions (F) and (G) of section	127059
5743.03 of the Revised Code.	127060

STARS DEVELOPMENT AND IMPLEMENTATION FUND

127061

The foregoing appropriation item 110638, STARS Development	127062
and Implementation Fund, shall be used to pay costs incurred in	127063
the development and implementation of the department's State Tax	127064
Accounting and Revenue System. The Director of Budget and	127065
Management, under a plan submitted by the Tax Commissioner, or as	127066
otherwise determined by the Director of Budget and Management,	127067
shall set a schedule to transfer cash from the Tax Reform System	127068
Implementation Fund, Local Tax Administration Fund, School	127069
District Income Tax Fund, Discovery Project Fund, and the Motor	127070
Fuel Tax Administration Fund to the credit of the STARS	127071
Development and Implementation Fund (Fund 5MN0). The transfers of	127072
cash shall not exceed $8,000,000 in the biennium.	127073

Section 397.10. DOT DEPARTMENT OF TRANSPORTATION

127074

General Revenue Fund	127075

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	127076
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	127077
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	127078
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	127079
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	127080

Section 399.10. TOS TREASURER OF STATE

127082

General Revenue Fund	127083

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	127084
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	127085
GRF	090402	Continuing Education	$	377,702	$	377,702	127086
GRF	090524	Police and Fire Disability Pension Fund	$	6,000	$	6,000	127087
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	70,000	$	70,000	127088
GRF	090554	Police and Fire Survivor Benefits	$	507,000	$	507,000	127089
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	127090
TOTAL GRF General Revenue Fund			$	29,206,559	$	29,206,559	127091

General Services Fund Group	127092

4E90	090603	Securities Lending Income	$	4,765,000	$	4,765,000	127093
5770	090605	Investment Pool Reimbursement	$	550,000	$	550,000	127094
5C50	090602	County Treasurer Education	$	170,057	$	170,057	127095
6050	090609	Treasurer of State Administrative Fund	$	135,000	$	135,000	127096
TOTAL GSF General Services							127097
Fund Group			$	5,620,057	$	5,620,057	127098

Agency Fund Group	127099

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	127100
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	127101
TOTAL ALL BUDGET FUND GROUPS			$	40,826,616	$	40,826,616	127102

Section 399.20. OFFICE OF THE SINKING FUND

127104

The foregoing appropriation item 090401, Office of the	127105
Sinking Fund, shall be used for costs incurred by or on behalf of	127106
the Commissioners of the Sinking Fund and the Ohio Public	127107
Facilities Commission with respect to State of Ohio general	127108
obligation bonds or notes, and the Treasurer of State with respect	127109
to State of Ohio general obligation and special obligation bonds	127110
or notes, including, but not limited to, printing, advertising,	127111
delivery, rating fees and the procurement of ratings, professional	127112
publications, membership in professional organizations, and other	127113
services referred to in division (D) of section 151.01 of the	127114
Revised Code. The General Revenue Fund shall be reimbursed for	127115
such costs relating to the issuance and administration of Highway	127116
Capital Improvement bonds or notes authorized under Ohio	127117
Constitution, Article VIII, Section 2m and Chapter 151. of the	127118
Revised Code. That reimbursement shall be made from appropriation	127119
item 155902, Highway Capital Improvement Bond Retirement Fund, by	127120
intrastate transfer voucher pursuant to a certification by the	127121
Office of the Sinking Fund of the actual amounts used. The amounts	127122
necessary to make such a reimbursement are hereby appropriated	127123
from the Highway Capital Improvement Bond Retirement Fund created	127124
in section 151.06 of the Revised Code.	127125

POLICE AND FIRE DEATH BENEFIT FUND

127126

The foregoing appropriation item 090575, Police and Fire	127127
Death Benefits, shall be disbursed quarterly by the Treasurer of	127128
State at the beginning of each quarter of each fiscal year to the	127129
Board of Trustees of the Ohio Police and Fire Pension Fund. The	127130
Treasurer of State shall certify such amounts quarterly to the	127131
Director of Budget and Management. By the twentieth day of June of	127132
each fiscal year, the Board of Trustees of the Ohio Police and	127133
Fire Pension Fund shall certify to the Treasurer of State the	127134
amount disbursed in the current fiscal year to make the payments	127135
required by section 742.63 of the Revised Code and shall return to	127136
the Treasurer of State moneys received from this appropriation	127137
item but not disbursed.	127138

TAX REFUNDS

127139

The foregoing appropriation item 090635, Tax Refunds, shall	127140
be used to pay refunds under section 5703.052 of the Revised Code.	127141
If the Director of Budget and Management determines that	127142
additional amounts are necessary for this purpose, such amounts	127143
are hereby appropriated.	127144

Section 401.10. VTO VETERANS' ORGANIZATIONS

127145

General Revenue Fund	127146

VAP AMERICAN EX-PRISONERS OF WAR	127147

GRF

743501

State Support

28,910

127148

VAN ARMY AND NAVY UNION, USA, INC.	127149

GRF

746501

State Support

63,539

127150

VKW KOREAN WAR VETERANS	127151

GRF

747501

State Support

57,118

127152

VJW JEWISH WAR VETERANS	127153

GRF

748501

State Support

34,321

127154

VCW CATHOLIC WAR VETERANS	127155

GRF

749501

State Support

66,978

127156

VPH MILITARY ORDER OF THE PURPLE HEART	127157

GRF

750501

State Support

65,116

127158

VVV VIETNAM VETERANS OF AMERICA	127159

GRF

751501

State Support

214,776

127160

VAL AMERICAN LEGION OF OHIO	127161

GRF

752501

State Support

349,189

127162

VII AMVETS	127163

GRF

753501

State Support

332,547

127164

VAV DISABLED AMERICAN VETERANS	127165

GRF

754501

State Support

249,836

127166

VMC MARINE CORPS LEAGUE	127167

GRF

756501

State Support

133,947

127168

V37 37TH DIVISION VETERANS' ASSOCIATION	127169

GRF

757501

State Support

6,868

127170

VFW VETERANS OF FOREIGN WARS	127171

GRF

758501

State Support

284,841

127172

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		127173
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		127174

RELEASE OF FUNDS

127175

The Director of Budget and Management may release the	127176
foregoing appropriation items 743501, 746501, 747501, 748501,	127177
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	127178
and 758501, State Support.	127179

Section 403.10. DVS DEPARTMENT OF VETERANS SERVICES

127180

General Revenue Fund	127181

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	127182
GRF	900402	Hall of Fame	$	107,075	$	107,075	127183
GRF	900408	Department of Veterans Services	$	2,001,823	$	2,001,823	127184
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	127185
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	127186

General Services Fund Group	127187

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		127188
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		127189

Federal Special Revenue Fund Group	127190

3680	900614	Veterans Training	$	684,017	$	697,682	127191
3740	900606	Troops to Teachers	$	111,822	$	111,879	127192
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	127193
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	127194
TOTAL FED Federal Special Revenue							127195
Fund Group			$	27,933,629	$	28,693,984	127196

State Special Revenue Fund Group	127197

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	127198
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	127199
TOTAL SSR State Special Revenue							127200
Fund Group			$	11,018,315	$	11,296,794	127201

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	127202

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	127203
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	127204
TOTAL 041 Persian Gulf,							127205
Afghanistan, and Iraq							127206
Compensation Fund Group			$	15,238,703	$	10,029,709	127207
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	127208

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	127209
OBLIGATION DEBT SERVICE	127210

The foregoing appropriation item 900901, Persian Gulf,	127211
Afghanistan and Iraq Compensation Debt Service, shall be used to	127212
pay all debt service and related financing costs during the period	127213
from July 1, 2013, through June 30, 2015, on obligations issued	127214
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	127215
purposes under sections 151.01 and 151.12 of the Revised Code.	127216

Section 405.10. DVM STATE VETERINARY MEDICAL BOARD

127217

General Services Fund Group	127218

4K90	888609	Operating Expenses	$	337,432	$	331,695	127219
5BU0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	127220
TOTAL GSF General Services							127221
Fund Group			$	367,432	$	361,695	127222
TOTAL ALL BUDGET FUND GROUPS			$	367,432	$	361,695	127223

Section 407.10. DYS DEPARTMENT OF YOUTH SERVICES

127225

General Revenue Fund	127226

GRF	470401	RECLAIM Ohio	$	166,362,228	$	166,362,228	127227
GRF	470412	Lease Rental Payments	$	26,044,800	$	27,819,700	127228
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	127229
GRF	472321	Parole Operations	$	10,583,118	$	10,583,118	127230
GRF	477321	Administrative Operations	$	11,355,389	$	11,355,389	127231
TOTAL GRF General Revenue Fund			$	231,048,263	$	232,823,163	127232

General Services Fund Group	127233

1750	470613	Education Reimbursement	$	3,950,000	$	3,600,000	127234
4790	470609	Employee Food Service	$	125,000	$	125,000	127235
4A20	470602	Child Support	$	250,000	$	250,000	127236
4G60	470605	General Operational Funds	$	115,000	$	115,000	127237
5BN0	470629	E-Rate Program	$	525,000	$	525,000	127238
TOTAL GSF General Services							127239
Fund Group			$	4,965,000	$	4,615,000	127240

Federal Special Revenue Fund Group	127241

3210	470601	Education	$	1,480,740	$	1,203,272	127242
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	127243
3210	470606	Nutrition	$	1,033,947	$	1,033,947	127244
3210	470614	Title IV-E Reimbursements	$	5,755,620	$	3,714,548	127245
3CP0	470638	Federal Juvenile Programs FFY 09	$	20,000	$	5,000	127246
3CR0	470639	Federal Juvenile Programs FFY 10	$	479,900	$	126,000	127247
3FB0	470641	Federal Juvenile Programs FFY 11	$	500,000	$	105,000	127248
3FC0	470642	Federal Juvenile Programs FFY 12	$	600,000	$	50,000	127249
3GB0	470643	Federal Juvenile Programs FFY 13	$	135,000	$	600,000	127250
3GC0	470644	Federal Juvenile Programs FFY 14	$	0	$	135,000	127251
3V50	470604	Juvenile Justice/Delinquency Prevention	$	1,300,000	$	1,000,000	127252
TOTAL FED Federal Special Revenue							127253
Fund Group			$	11,605,207	$	8,272,767	127254

State Special Revenue Fund Group	127255

1470	470612	Vocational Education	$	1,795,000	$	1,795,000	127256
TOTAL SSR State Special Revenue							127257
Fund Group			$	1,795,000	$	1,795,000	127258
TOTAL ALL BUDGET FUND GROUPS			$	249,413,470	$	247,505,930	127259

COMMUNITY PROGRAMS

127260

For purposes of implementing juvenile sentencing reforms, and	127261
notwithstanding any provision of law to the contrary, the	127262
Department of Youth Services may use up to forty-five per cent of	127263
the unexpended, unencumbered balance of the portion of	127264
appropriation item 470401, RECLAIM Ohio, that is allocated to	127265
juvenile correctional facilities in each fiscal year to expand	127266
Targeted RECLAIM, the Behavioral Health Juvenile Justice	127267
Initiative, and other evidence-based community programs.	127268

LEASE RENTAL PAYMENTS

127269

The foregoing appropriation item 470412, Lease Rental	127270
Payments, shall be used to meet all payments at the times they are	127271
required to be made for the period from July 1, 2013, through June	127272
30, 2015, by the Department of Youth Services under the leases and	127273
agreements for facilities made under Chapters 152. and 154. of the	127274
Revised Code. This appropriation is the source of funds pledged	127275
for bond service charges on related obligations issued under	127276
Chapters 152. and 154. of the Revised Code.	127277

EDUCATION REIMBURSEMENT

127278

The foregoing appropriation item 470613, Education	127279
Reimbursement, shall be used to fund the operating expenses of	127280
providing educational services to youth supervised by the	127281
Department of Youth Services. Operating expenses include, but are	127282
not limited to, teachers' salaries, maintenance costs, and	127283
educational equipment. This appropriation item may be used for	127284
capital expenses related to the education program.	127285

EMPLOYEE FOOD SERVICE AND EQUIPMENT

127286

Notwithstanding section 125.14 of the Revised Code, the	127287
foregoing appropriation item 470609, Employee Food Service, may be	127288
used to purchase any food operational items with funds received	127289
into the fund from reimbursements for state surplus property.	127290

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

127291

In collaboration with the county family and children first	127292
council, the juvenile court of that county that receives	127293
allocations from one or both of the foregoing appropriation items	127294
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	127295
portions of those allocations to a flexible funding pool as	127296
authorized by the section of Am. Sub. H.B. 153 of the 129th	127297
General Assembly titled "FAMILY AND CHILDREN FIRST FLEXIBLE	127298
FUNDING POOL."	127299

Section 501.10. SCREENING TOOL FOR HIGH-RISK YOUTH TEAM	127300
EVALUATION	127301

The Office of Health Transformation shall convene a team	127302
comprised of the Department of Youth Services, the Department of	127303
Medicaid, the Department of Job and Family Services, the	127304
Department of Health, and the Department of Mental Health and	127305
Addiction Services. The team shall evaluate the feasibility of	127306
implementing a trauma screening tool for high-risk youth and	127307
create a report with the following information: (A) the	127308
recommended trauma screening tool to be used to evaluate high-risk	127309
youth; (B) training in the administration of the recommended tool;	127310
(C) screening protocols; (D) the persons to whom the recommended	127311
tool should apply; and (E) the implications for treatment. The	127312
report shall be completed by December 1, 2013, and shall be	127313
distributed to the Governor. The Department of Youth Services may	127314
receive funds for piloting the recommended tool in detention	127315
centers.	127316

Section 503.10. PERSONAL SERVICE EXPENSES

127317

Unless otherwise prohibited by law, any appropriation from	127318
which personal service expenses are paid shall bear the employer's	127319
share of public employees' retirement, workers' compensation,	127320
disabled workers' relief, and insurance programs; and the costs of	127321
centralized financial services, centralized payroll processing,	127322
and related reports and services; centralized human resources	127323
services, including affirmative action and equal employment	127324
opportunity programs; the Office of Collective Bargaining; the	127325
Employee Assistance Program; centralized information technology	127326
management services; administering the enterprise resource	127327
planning system; and administering the state employee merit system	127328
as required by section 124.07 of the Revised Code. These costs	127329
shall be determined in conformity with the appropriate sections of	127330
law and paid in accordance with procedures specified by the Office	127331
of Budget and Management. Expenditures from appropriation item	127332
070601, Public Audit Expense - Intra-State, may be exempted from	127333
the requirements of this section.	127334

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	127335
AGAINST THE STATE	127336

Except as otherwise provided in this section, an	127337
appropriation in this act or any other act may be used for the	127338
purpose of satisfying judgments, settlements, or administrative	127339
awards ordered or approved by the Court of Claims or by any other	127340
court of competent jurisdiction in connection with civil actions	127341
against the state. This authorization does not apply to	127342
appropriations to be applied to or used for payment of guarantees	127343
by or on behalf of the state, or for payments under lease	127344
agreements relating to, or debt service on, bonds, notes, or other	127345
obligations of the state. Notwithstanding any other statute to the	127346
contrary, this authorization includes appropriations from funds	127347
into which proceeds of direct obligations of the state are	127348
deposited only to the extent that the judgment, settlement, or	127349
administrative award is for, or represents, capital costs for	127350
which the appropriation may otherwise be used and is consistent	127351
with the purpose for which any related obligations were issued or	127352
entered into. Nothing contained in this section is intended to	127353
subject the state to suit in any forum in which it is not	127354
otherwise subject to suit, and is not intended to waive or	127355
compromise any defense or right available to the state in any suit	127356
against it.	127357

Section 503.30. CAPITAL PROJECT SETTLEMENTS

127358

This section specifies an additional and supplemental	127359
procedure to provide for payments of judgments and settlements if	127360
the Director of Budget and Management determines, pursuant to	127361
division (C)(4) of section 2743.19 of the Revised Code, that	127362
sufficient unencumbered moneys do not exist in the fund to support	127363
a particular appropriation to pay the amount of a final judgment	127364
rendered against the state or a state agency, including the	127365
settlement of a claim approved by a court, in an action upon and	127366
arising out of a contractual obligation for the construction or	127367
improvement of a capital facility if the costs under the contract	127368
were payable in whole or in part from a state capital projects	127369
appropriation. In such a case, the Director may either proceed	127370
pursuant to division (C)(4) of section 2743.19 of the Revised Code	127371
or apply to the Controlling Board to increase an appropriation or	127372
create an appropriation out of any unencumbered moneys in the	127373
state treasury to the credit of the capital projects fund from	127374
which the initial state appropriation was made. The amount of an	127375
increase in appropriation or new appropriation approved by the	127376
Controlling Board is hereby appropriated from the applicable	127377
capital projects fund and made available for the payment of the	127378
judgment or settlement.	127379

If the Director does not make the application authorized by	127380
this section or the Controlling Board disapproves the application,	127381
and the Director does not make application under division (C)(4)	127382
of section 2743.19 of the Revised Code, the Director shall for the	127383
purpose of making that payment make a request to the General	127384
Assembly as provided for in division (C)(5) of that section.	127385

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

127386

In order to provide funds for the reissuance of voided	127387
warrants under section 126.37 of the Revised Code, there is hereby	127388
appropriated, out of moneys in the state treasury from the fund	127389
credited as provided in section 126.37 of the Revised Code, that	127390
amount sufficient to pay such warrants when approved by the Office	127391
of Budget and Management.	127392

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	127393
BALANCES OF OPERATING APPROPRIATIONS	127394

(A) An unexpended balance of an operating appropriation or	127395
reappropriation that a state agency lawfully encumbered prior to	127396
the close of a fiscal year is hereby reappropriated on the first	127397
day of July of the following fiscal year from the fund from which	127398
it was originally appropriated or reappropriated for the following	127399
period and shall remain available only for the purpose of	127400
discharging the encumbrance:	127401

(1) For an encumbrance for personal services, maintenance,	127402
equipment, or items for resale, other than an encumbrance for an	127403
item of special order manufacture not available on term contract	127404
or in the open market or for reclamation of land or oil and gas	127405
wells, for a period of not more than five months from the end of	127406
the fiscal year;	127407

(2) For an encumbrance for an item of special order	127408
manufacture not available on term contract or in the open market,	127409
for a period of not more than five months from the end of the	127410
fiscal year or, with the written approval of the Director of	127411
Budget and Management, for a period of not more than twelve months	127412
from the end of the fiscal year;	127413

(3) For an encumbrance for reclamation of land or oil and gas	127414
wells, for a period ending when the encumbered appropriation is	127415
expended or for a period of two years, whichever is less;	127416

(4) For an encumbrance for any other expense, for such period	127417
as the Director approves, provided such period does not exceed two	127418
years.	127419

(B) Any operating appropriations for which unexpended	127420
balances are reappropriated beyond a five-month period from the	127421
end of the fiscal year by division (A)(2) of this section shall be	127422
reported to the Controlling Board by the Director of Budget and	127423
Management by the thirty-first day of December of each year. The	127424
report on each such item shall include the item, the cost of the	127425
item, and the name of the vendor. The report shall be updated on a	127426
quarterly basis for encumbrances remaining open.	127427

(C) Upon the expiration of the reappropriation period set out	127428
in division (A) of this section, a reappropriation made by this	127429
section lapses, and the Director of Budget and Management shall	127430
cancel the encumbrance of the unexpended reappropriation not later	127431
than the end of the weekend following the expiration of the	127432
reappropriation period.	127433

(D) Notwithstanding division (C) of this section, with the	127434
approval of the Director of Budget and Management, an unexpended	127435
balance of an encumbrance that was reappropriated on the first day	127436
of July by this section for a period specified in division (A)(3)	127437
or (4) of this section and that remains encumbered at the close of	127438
the fiscal biennium is hereby reappropriated on the first day of	127439
July of the following fiscal biennium from the fund from which it	127440
was originally appropriated or reappropriated for the applicable	127441
period specified in division (A)(3) or (4) of this section and	127442
shall remain available only for the purpose of discharging the	127443
encumbrance.	127444

(E) The Director of Budget and Management may correct	127445
accounting errors committed by the staff of the Office of Budget	127446
and Management, such as reestablishing encumbrances or	127447
appropriations cancelled in error, during the cancellation of	127448
operating encumbrances in November and of nonoperating	127449
encumbrances in December.	127450

(F) The Director of Budget and Management may at any time	127451
correct accounting errors committed by the staff of a state agency	127452
or state institution of higher education, as defined in section	127453
3345.011 of the Revised Code, such as reestablishing prior year	127454
nonoperating encumbrances canceled or modified in error. The	127455
reestablished encumbrance amounts are hereby appropriated.	127456

(G) If the Controlling Board approved a purchase, that	127457
approval remains in effect so long as the appropriation used to	127458
make that purchase remains encumbered.	127459

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	127460
RE-ESTABLISHMENT OF ENCUMBRANCES	127461

Any cash transferred by the Director of Budget and Management	127462
under section 126.15 of the Revised Code is hereby appropriated.	127463
Any amounts necessary to re-establish appropriations or	127464
encumbrances under section 126.15 of the Revised Code are hereby	127465
appropriated.	127466

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

127467

There are hereby appropriated out of any moneys in the state	127468
treasury to the credit of the General Revenue Fund, which are not	127469
otherwise appropriated, funds sufficient to make any payment	127470
required by division (B)(2) of section 5747.03 of the Revised	127471
Code.	127472

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	127473
APPROVED BY THE CONTROLLING BOARD	127474

Any money that the Controlling Board approves for expenditure	127475
or any increase in appropriation that the Controlling Board	127476
approves under sections 127.14, 131.35, and 131.39 of the Revised	127477
Code or any other provision of law is hereby appropriated for the	127478
period ending June 30, 2015.	127479

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	127480
RESIDENCE	127481

If the Governor's Residence Fund (Fund 4H20) receives payment	127482
for use of the residence pursuant to section 107.40 of the Revised	127483
Code, the amounts so received are hereby appropriated to	127484
appropriation item 100604, Governor's Residence Gift.	127485

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

127486

Unless the agency and nuclear electric utility mutually agree	127487
to a higher amount by contract, the maximum amounts that may be	127488
assessed against nuclear electric utilities under division (B)(2)	127489
of section 4937.05 of the Revised Code and deposited into the	127490
specified funds are as follows:	127491

Fund	User		FY 2014		FY 2015	127492
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	130,000	$	130,000	127493
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	1,049,954	$	1,086,098	127494
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	284,266	$	290,674	127495
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	127496

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	127497
INTEREST EARNED	127498

Notwithstanding any provision of law to the contrary, the	127499
Director of Budget and Management, through June 30, 2015, may	127500
transfer interest earned by any state fund to the General Revenue	127501
Fund. This section does not apply to funds whose source of revenue	127502
is restricted or protected by the Ohio Constitution, federal tax	127503
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	127504
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	127505

Section 512.20. CASH TRANSFERS TO THE GENERAL REVENUE FUND	127506
FROM NON-GRF FUNDS	127507

Notwithstanding any provision of law to the contrary, the	127508
Director of Budget and Management may transfer up to $60,000,000	127509
in each fiscal year in cash from non-General Revenue Funds that	127510
are not constitutionally restricted to the General Revenue Fund in	127511
order to ensure that available General Revenue Fund receipts and	127512
balances are sufficient to support General Revenue Fund	127513
appropriations in each fiscal year.	127514

Section 512.30. FISCAL YEAR 2013 GENERAL REVENUE FUND ENDING	127515
BALANCE	127516

Notwithstanding divisions (B) and (C) of section 131.44 of	127517
the Revised Code, the Director of Budget and Management shall	127518
determine the surplus General Revenue Fund revenue that existed on	127519
June 30, 2013, in excess of the amount required under division	127520
(A)(3) of section 131.44 of the Revised Code, and transfer from	127521
the General Revenue Fund, to the extent of the amount so	127522
determined, the following:	127523

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	127524
of up to $15,000,000;	127525

(B) To the Controlling Board Emergency Purposes Fund (Fund	127526
5KM0), a cash amount of up to $20,000,000;	127527

(C) To the Natural Resources Special Purposes Fund (Fund	127528
5MW0), which is hereby created in the state treasury, a cash	127529
amount of up to $12,000,000;	127530

(D) To the Unemployment Compensation Interest Contingency	127531
Fund (Fund 5HC0), a cash amount of up to $120,000,000 for payment	127532
to the United States Secretary of the Treasury of accrued interest	127533
costs related to federal unemployment account borrowing.	127534

Section 512.40. ACCESS SUCCESS II PROGRAM

127535

To the extent cash is available, the Director of Budget and	127536
Management may transfer cash from the Money Follows the Person	127537
Enhanced Reimbursement Fund (Fund 5AJ0), used by the Department of	127538
Medicaid, to the Sale of Goods and Services Fund (Fund 1490), used	127539
by the Department of Mental Health and Addiction Services. The	127540
transferred cash is hereby appropriated.	127541

The Department of Mental Health and Addiction Services shall	127542
use the transferred funds to administer the Access Success II	127543
Program to help non-Medicaid patients in any hospital established,	127544
controlled, or supervised by the Department under Chapter 5119. of	127545
the Revised Code to transition from inpatient status to a	127546
community setting.	127547

Section 512.50. Not later than the first day of September	127548
2013, the Director of Mental Health and the Director of Alcohol	127549
and Drug Addiction Services shall certify to the Director of	127550
Budget and Management the amount of all of the unexpended,	127551
unencumbered balances of general revenue fund appropriations made	127552
to the Department of Mental Health and to the Department of	127553
Alcohol and Drug Addiction Services for FY 2012, excluding funds	127554
appropriated for rental payments to the Ohio Public Facilities	127555
Commission. On receipt of the certification, the Director of	127556
Budget and Management shall transfer cash to the Department of	127557
Mental Health and Addiction Services Trust Fund created in section	127558
5119.46 of the Revised Code (renumbered section 5119.60 of the	127559
Revised Code in this act) in an amount up to, but not exceeding,	127560
the total amounts certified by the Director of Mental Health and	127561
the Director of Alcohol and Drug Addiction Services.	127562

Section 512.60. There is hereby created in the state	127563
treasury, the Permissive Tax Supplement Fund (Fund 5NB0). Not	127564
later than November 30, 2013, the Tax Commissioner shall certify	127565
to the Director of Budget and Management, an estimate of the	127566
amounts necessary during fiscal year 2014 to make supplemental	127567
permissive tax distributions to counties and transit authorities	127568
as prescribed in division (B) of section 5739.21 of the Revised	127569
Code. Following this certification, the Director of Budget and	127570
Management shall then transfer the certified amount from the	127571
General Revenue Fund to the Permissive Tax Supplement Fund. In the	127572
event that additional moneys beyond those initially certified are	127573
required for this purpose in fiscal year 2014, the Tax	127574
Commissioner may from time to time update the certification and	127575
the Director of Budget and Management shall transfer those amounts	127576
from the General Revenue Fund.	127577

Not later than July 15, 2014, the Tax Commissioner shall	127578
certify to the Director of Budget and Management, an estimate of	127579
the amounts necessary during fiscal year 2015 to make supplemental	127580
permissive tax distributions to counties and transit authorities	127581
as prescribed in division (B) of section 5739.21 of the Revised	127582
Code. Following this certification, the Director of Budget and	127583
Management shall then transfer the certified amount from the	127584
General Revenue Fund to the Permissive Tax Supplement Fund. In the	127585
event that additional moneys beyond those initially certified are	127586
required for this purpose in fiscal year 2015, the Tax	127587
Commissioner may from time to time update the certification and	127588
the Director of Budget and Management shall transfer those	127589
additional amounts from the General Revenue Fund to the Permissive	127590
Tax Supplement Fund.	127591

Not later than December 15, 2013, and on or before the	127592
fifteenth day of each month through June 15, 2015, the Tax	127593
Commissioner shall certify to the Director of Budget and	127594
Management, the amounts calculated as necessary to make	127595
supplemental permissive tax distributions for that month pursuant	127596
to division (B) of section 5739.21 of the Revised Code. The	127597
Director of Budget and Management shall then transfer the amount	127598
certified from the Permissive Tax Supplemental Distribution Fund	127599
to the Permissive Tax Distribution Fund (Fund 7063).	127600

If on June 20, 2015, or any date thereafter, any balance	127601
exists in the Permissive Tax Supplement Fund, the Director of	127602
Budget and Management may transfer that amount to the General	127603
Revenue Fund.	127604

Section 515.20. On the effective date of this section, the	127605
Rehabilitation Services Commission is renamed the Opportunities	127606
for Ohioans with Disabilities Agency. The Rehabilitation Services	127607
Commission's functions, and its assets and liabilities, are	127608
transferred to the Opportunities for Ohioans with Disabilities	127609
Agency. The Opportunities for Ohioans with Disabilities Agency is	127610
successor to, assumes the obligations and authority of, and	127611
otherwise continues the Rehabilitation Services Commission. No	127612
right, privilege, or remedy, and no duty, liability, or	127613
obligation, accrued under the Rehabilitation Services Commission	127614
is impaired or lost by reason of the renaming and shall be	127615
recognized, administered, performed, or enforced by the	127616
Opportunities for Ohioans with Disabilities Agency.	127617

Business commenced but not completed by the Rehabilitation	127618
Services Commission or by the Administrator of the Rehabilitation	127619
Services Commission shall be completed by the Opportunities for	127620
Ohioans with Disabilities Agency or the Executive Director of the	127621
Opportunities for Ohioans with Disabilities Agency in the same	127622
manner, and with the same effect, as if completed by the	127623
Rehabilitation Services Commission or the Administrator of the	127624
Rehabilitation Services Commission.	127625

All of the Rehabilitation Services Commission's rules,	127626
orders, and determinations continue in effect as rules, orders,	127627
and determinations of the Opportunities for Ohioans with	127628
Disabilities Agency until modified or rescinded by the	127629
Opportunities for Ohioans with Disabilities Agency.	127630

Subject to the layoff provisions of sections 124.321 to	127631
124.382 of the Revised Code, all employees of the Rehabilitation	127632
Services Commission continue with the Opportunities for Ohioans	127633
with Disabilities Agency and retain their positions and all	127634
benefits accruing thereto.	127635

The Director of Budget and Management shall determine the	127636
amount of unexpended balances in the appropriation accounts that	127637
pertain to the Rehabilitation Services Commission and shall	127638
recommend to the Controlling Board their transfer to the	127639
appropriation accounts that pertain to the Opportunities for	127640
Ohioans with Disabilities Agency. The Administrator of the	127641
Rehabilitation Services Commission shall provide full and timely	127642
information to the Controlling Board to facilitate the transfer.	127643

Whenever the Rehabilitation Services Commission or the	127644
Administrator of the Rehabilitation Services Commission is	127645
referred to in a statute, contract, or other instrument, the	127646
reference is deemed to refer to the Opportunities for Ohioans with	127647
Disabilities Agency or to the Executive Director of the	127648
Opportunities for Ohioans with Disabilities Agency, whichever is	127649
appropriate in context.	127650

No pending action or proceeding being prosecuted or defended	127651
in court or before an agency by the Rehabilitation Services	127652
Commission or the Administrator of the Rehabilitation Services	127653
Commission is affected by the renaming and shall be prosecuted or	127654
defended in the name of the Opportunities for Ohioans with	127655
Disabilities Agency or the Executive Director of the Opportunities	127656
for Ohioans with Disabilities Agency, whichever is appropriate.	127657
Upon application to the court or agency, the Opportunities for	127658
Ohioans with Disabilities Agency or the Executive Director of the	127659
Opportunities for Ohioans with Disabilities Agency shall be	127660
substituted.	127661

Section 515.40. The Department of Aging shall use	127662
appropriation item 490627, Board of Executives of LTSS, to spend	127663
cash in the Board of Executives of Long-Term Services and Supports	127664
Fund (Fund 5MT0), which is hereby established in the State	127665
Treasury. On the effective date of this section, the Board of	127666
Examiners of Nursing Home Administrators is renamed the Board of	127667
Executives of Long-Term Services and Supports. The Board of	127668
Examiners of Nursing Home Administrators' functions and its assets	127669
and liabilities, are transferred to the Board of Executives of	127670
Long-Term Services and Supports. The Board of Executives of	127671
Long-Term Services and Supports is successor to, assumes the	127672
obligations and authority of, and otherwise continues the Board of	127673
Examiners of Nursing Home Administrators. No right, privilege, or	127674
remedy, and no duty, liability, or obligation, accrued under the	127675
Board of Examiners of Nursing Home Administrators is impaired or	127676
lost by reason of the renaming and shall be recognized,	127677
administered, performed, or enforced by the Board of Executives of	127678
Long-Term Services and Supports.	127679

Business commenced but not completed by the Board of	127680
Examiners of Nursing Home Administrators or by the Secretary of	127681
the Board of Examiners of Nursing Home Administrators shall be	127682
completed by the Board of Executives of Long-Term Services and	127683
Supports or the Secretary of the Board of Executives of Long-Term	127684
Services and Supports in the same manner, and with the same	127685
effect, as if completed by the Board of Examiners of Nursing Home	127686
Administrators or by the Secretary of the Board of Examiners of	127687
Nursing Home Administrators.	127688

All of the Board of Examiners of Nursing Home Administrators'	127689
rules, orders, and determinations continue in effect as rules,	127690
orders, and determinations of the Board of Executives of Long-Term	127691
Services and Supports.	127692

Subject to the layoff provisions of sections 124.321 to	127693
124.328 of the Revised Code, all employees of the Board of	127694
Examiners of Nursing Home Administrators who provide	127695
administrative, technical, or other services to the Board of	127696
Examiners of Nursing Home Administrators on a full-time, permanent	127697
basis shall continue with the Board of Executives of Long-Term	127698
Services and Supports and retain their positions and benefits	127699
accruing thereto, except that those employees in the classified	127700
service shall be reclassified into the unclassified service and	127701
shall serve at the pleasure of the Board.	127702

Notwithstanding section 4751.03 of the Revised Code, as	127703
amended by this act, those board members currently serving as	127704
members of the Board of Examiners of Nursing Home Administrators	127705
on the effective date of this act shall continue to serve as	127706
members of the Board of Executives of Long-Term Services and	127707
Supports for the remainder of their appointment period, at which	127708
time new members shall be appointed in a manner consistent with	127709
section 4751.03 of the Revised Code, as amended by this act.	127710

Within ninety days after the effective date of this act, the	127711
Governor shall appoint to the Board of Executives of Long-Term	127712
Services and Supports those new members who are required to be	127713
appointed under divisions (A)(3) and (6) of section 4751.03 of the	127714
Revised Code, as amended by this act, for terms ending on May 27,	127715
2014. Thereafter, appointment for those members shall be as	127716
provided in section 4751.03 of the Revised Code, as amended by	127717
this act.	127718

Whenever the Board of Examiners of Nursing Home	127719
Administrators is referred to in statute, contract, or other	127720
instrument, the reference is deemed to refer to the Board of	127721
Executives of Long-Term Services and Supports.	127722

No pending action or proceeding being prosecuted or defended	127723
in court or before an agency by the Board of Examiners of Nursing	127724
Home Administrators or the Secretary of the Board of Examiners of	127725
Nursing Home Administrators is affected by the renaming and shall	127726
be prosecuted or defended in the name of the Board of Executives	127727
of Long-Term Services and Supports or the Secretary of the Board	127728
of Executives of Long-Term Services and Supports. Upon application	127729
to the court or agency, the Board of Executives of Long-Term	127730
Services and Supports or the Secretary of the Board of Executives	127731
of Long-Term Services and Supports shall be substituted.	127732

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

127733

Certain appropriations are in this act for the purpose of	127734
paying debt service and financing costs on general obligation	127735
bonds or notes of the state issued pursuant to the Ohio	127736
Constitution and acts of the General Assembly. If it is determined	127737
that additional appropriations are necessary for this purpose,	127738
such amounts are hereby appropriated.	127739

Section 518.20. LEASE RENTAL PAYMENTS FOR DEBT SERVICE

127740

Certain appropriations are in this act for the purpose of	127741
making lease rental payments pursuant to leases and agreements	127742
relating to bonds or notes issued by the Treasurer of State, or	127743
previously by the Ohio Public Facilities Commission or the Ohio	127744
Building Authority, pursuant to the Ohio Constitution and acts of	127745
the General Assembly. If it is determined that additional	127746
appropriations are necessary for this purpose, such amounts are	127747
hereby appropriated.	127748

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	127749
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	127750

The Office of Budget and Management shall process payments	127751
from general obligation and lease rental payment appropriation	127752
items during the period from July 1, 2013, through June 30, 2015,	127753
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	127754
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	127755
Chapters 151., 152., and 154. of the Revised Code. Payments shall	127756
be made upon certification by the Treasurer of State of the dates	127757
and the amounts due on those dates.	127758

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

127759

Whenever the Director of Budget and Management determines	127760
that an appropriation made to a state agency from a fund of the	127761
state is insufficient to provide for the recovery of statewide	127762
indirect costs under section 126.12 of the Revised Code, the	127763
amount required for such purpose is hereby appropriated from the	127764
available receipts of such fund.	127765

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	127766
INDIRECT COST ALLOCATION PLAN	127767

The total transfers made from the General Revenue Fund by the	127768
Director of Budget and Management under this section shall not	127769
exceed the amounts transferred into the General Revenue Fund under	127770
section 126.12 of the Revised Code.	127771

The director of an agency may certify to the Director of	127772
Budget and Management the amount of expenses not allowed to be	127773
included in the Statewide Indirect Cost Allocation Plan under	127774
federal regulations, from any fund included in the Statewide	127775
Indirect Cost Allocation Plan, prepared as required by section	127776
126.12 of the Revised Code.	127777

Upon determining that no alternative source of funding is	127778
available to pay for such expenses, the Director of Budget and	127779
Management may transfer cash from the General Revenue Fund into	127780
the fund for which the certification is made, up to the amount of	127781
the certification. The director of the agency receiving such funds	127782
shall include, as part of the next budget submission prepared	127783
under section 126.02 of the Revised Code, a request for funding	127784
for such activities from an alternative source such that further	127785
federal disallowances would not be required.	127786

The director of an agency may certify to the Director of	127787
Budget and Management the amount of expenses paid in error from a	127788
fund included in the Statewide Indirect Cost Allocation Plan. The	127789
Director of Budget and Management may transfer cash from the fund	127790
from which the expenditure should have been made into the fund	127791
from which the expenses were erroneously paid, up to the amount of	127792
the certification.	127793

The director of an agency may certify to the Director of	127794
Budget and Management the amount of expenses or revenues not	127795
allowed to be included in the Statewide Indirect Cost Allocation	127796
Plan under federal regulations, for any fund included in the	127797
Statewide Indirect Cost Allocation Plan, for which the federal	127798
government requires payment. If the Director of Budget and	127799
Management determines that an appropriation made to a state agency	127800
from a fund of the state is insufficient to pay the amount	127801
required by the federal government, the amount required for such	127802
purpose is hereby appropriated from the available receipts of such	127803
fund, up to the amount of the certification.	127804

Section 521.33. CASH TRANSFERS TO TOBACCO OVERSIGHT	127805
ADMINISTRATION AND ENFORCEMENT FUND	127806

On July 1, 2013, or as soon as possible thereafter, the	127807
Director of Budget and Management shall transfer the cash balance	127808
in the Tobacco Settlement Enforcement Fund (Fund T087), the	127809
Education Technology Trust Fund (Fund S087), and the Southern Ohio	127810
Agricultural Development Trust Fund (Fund K087) to the Tobacco	127811
Oversight Administration and Enforcement Fund (Fund U087). The	127812
transferred cash is hereby appropriated. Upon completion of the	127813
transfer, Fund T087, Fund S087, and Fund K087 are abolished. The	127814
Director shall cancel any existing encumbrances against	127815
appropriation items 110402, Tobacco Settlement Enforcement,	127816
935602, Education Technology Trust, and 945602, Southern Ohio	127817
Agricultural Development, and reestablish them against	127818
appropriation item 055402, Tobacco Settlement Oversight,	127819
Administration, and Enforcement. The reestablished encumbrance	127820
amounts are hereby appropriated.	127821

On July 1, 2014, or as soon as possible thereafter, the	127822
Director of Budget and Management shall transfer the cash balance	127823
in the Law Enforcement Improvement Trust Fund (Fund J087) to the	127824
Tobacco Oversight Administration and Enforcement Fund (Fund U087).	127825
The transferred cash is hereby appropriated. Upon completion of	127826
the transfer, Fund J087 is abolished. The Director shall cancel	127827
any existing encumbrances against appropriation item 055635, Law	127828
Enforcement Technology, Training, and Facility Enhancements, and	127829
reestablish them against appropriation item 055402, Tobacco	127830
Settlement Oversight, Administration, and Enforcement. The	127831
reestablished encumbrance amounts are hereby appropriated.	127832

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

127833

Notwithstanding any provision of law to the contrary, on or	127834
before the first day of September of each fiscal year, the	127835
Director of Budget and Management, in order to reduce the payment	127836
of adjustments to the federal government, as determined by the	127837
plan prepared under division (A) of section 126.12 of the Revised	127838
Code, may designate such funds as the Director considers necessary	127839
to retain their own interest earnings.	127840

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

127841

Pursuant to the plan for compliance with the Federal Cash	127842
Management Improvement Act required by section 131.36 of the	127843
Revised Code, the Director of Budget and Management may cancel and	127844
re-establish all or part of encumbrances in like amounts within	127845
the funds identified by the plan. The amounts necessary to	127846
re-establish all or part of encumbrances are hereby appropriated.	127847

Section 521.60. FISCAL STABILIZATION AND RECOVERY

127848

To ensure the level of accountability and transparency	127849
required by federal law, the Director of Budget and Management may	127850
issue guidelines to any agency applying for federal money made	127851
available to this state for fiscal stabilization and recovery	127852
purposes, and may prescribe the process by which agencies are to	127853
comply with any reporting requirements established by the federal	127854
government.	127855

Section 610.10. That Sections 201.80 and 509.40 of Sub. H.B.	127856
482 of the 129th General Assembly be amended to read as follows:	127857

Sec. 201.80. All items set forth in this section are hereby	127858
appropriated out of any moneys in the state treasury to the credit	127859
of the School Building Program Assistance Fund (Fund 7032), that	127860
are not otherwise appropriated.	127861

Appropriations

SFC SCHOOL FACILITIES COMMISSION	127862

C23002	School Building Program Assistance	$	~~425,000,000~~ 413,000,000	127863
C23020	School Security Grant Program	$	12,000,000	127864
Total School Facilities Commission		$	425,000,000	127865
TOTAL School Building Program Assistance Fund		$	425,000,000	127866

SCHOOL BUILDING PROGRAM ASSISTANCE

127867

The foregoing appropriation item C23002, School Building	127868
Program Assistance, shall be used by the School Facilities	127869
Commission to provide funding to school districts that receive	127870
conditional approval from the Commission pursuant to Chapter 3318.	127871
of the Revised Code.	127872

SCHOOL SECURITY GRANT PROGRAM

127873

The foregoing appropriation item C23020, School Security	127874
Grant Program, shall be used by the School Facilities Commission	127875
to provide funding to all public schools for the purchase and	127876
installation of one Multi-Agency Radio Communications System unit	127877
per school building and a security door system, consisting of a	127878
security camera, an intercom, and remote access, at one entrance	127879
per school building. A school may apply to the School Facilities	127880
Commission for reimbursement up to $2,000 for one Multi-Agency	127881
Radio Communications System Unit per school building and up to	127882
$5,000 for costs incurred with the purchase of a security door	127883
system installed on or after January 1, 2013.	127884

Sec. 509.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	127885
PROJECTS	127886

Notwithstanding ~~sections 123.01 and 123.15~~section 123.21 of	127887
the Revised Code, the Executive Director of ~~Administrative~~	127888
~~Services~~the Ohio Facilities Construction Commission may authorize	127889
the Departments of Mental Health, Developmental Disabilities,	127890
Agriculture, Job and Family Services, Rehabilitation and	127891
Correction, Youth Services, Public Safety, Transportation, ~~and~~	127892
Veterans Services, and the Bureau of Workers' Compensation to	127893
administer any capital facilities projects, the estimated cost of	127894
which, including design fees, construction, equipment, and	127895
contingency amounts, is less than $1,500,000. Requests for	127896
authorization to administer capital facilities projects shall be	127897
made ~~in writing to the Director of Administrative Services~~through	127898
the OAKS-CI application by the applicable state agency ~~within~~	127899
~~sixty days after the effective date of the section of law in which~~	127900
~~the General Assembly initially makes an appropriation for the~~	127901
~~project~~. Upon the release of funds for the projects by the	127902
Controlling Board or the Director of Budget and Management, the	127903
agency may administer the capital project or projects for which	127904
agency administration has been authorized without the supervision,	127905
control, or approval of the Executive Director of ~~Administrative~~	127906
~~Services~~the Ohio Facilities Construction Commission.	127907

A state agency authorized by the Executive Director of	127908
~~Administrative Services~~the Ohio Facilities Construction	127909
Commission to administer capital facilities projects pursuant to	127910
this section shall comply with the applicable procedures and	127911
guidelines established in Chapter 153. of the Revised Code and	127912
shall track all project information in OAKS-CI pursuant to Ohio	127913
Facilities Construction Commission guidelines.	127914

Section 610.11. That existing Sections 201.80 and 509.40 of	127915
Sub. H.B. 482 of the 129th General Assembly are hereby repealed.	127916

Section 610.20. That Section 4 of Sub. S.B. 171 of the 129th	127917
General Assembly, as amended by Am. Sub. H.B. 487 of the 129th	127918
General Assembly, be amended to read as follows:	127919

Sec. 4. The following agencies are retained under division	127920
(D) of section 101.83 of the Revised Code and expire on December	127921
31, 2016:	127922

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	127923
Academic Distress Commission	3302.10	127924
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	127925
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	127926
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	127927
~~Advisory Council of Directors for Prison Labor~~ Office of Enterprise Development Advisory Board	5145.162	127928
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	127929
Advisory Committee on Livestock Exhibitions	901.71	127930
Agricultural Commodity Marketing Programs Operating Committees	924.07	127931
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	127932
Alternative Energy Advisory Committee	4928.64(D)	127933
AMBER Alert Advisory Committee	5502.521	127934
Apprenticeship Council	Chapter 4139.	127935
Armory Board of Control	5911.09, 5911.12	127936
Automated Title Processing Board	4505.09(C)(1)	127937
Backflow Advisory Board	3703.21	127938
Banking Commission	1123.01	127939
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	127940
Board of Directors of the Medical Liability Underwriting Association Stabilization Fund	3929.631	127941
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	127942
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	127943
Board of Governors of the Commercial Insurance Joint Underwriting Association	3930.03	127944
Board of Governors of the Medical Liability Underwriting Association	3929.64	127945
Board of Voting Machines Examiners	3506.05	127946
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	127947
Brain Injury Advisory Committee	3304.231	127948
Bureau of Workers' Compensation Board of Directors	4121.12	127949
Capitol Square Review and Advisory Board	105.41	127950
Child Care Advisory Council	5104.08	127951
Child Support Guideline Advisory Council	3119.024	127952
Children's Trust Fund Board	3109.15 - 3109.17	127953
Citizen's Advisory Council	5123.092, 5123.093	127954
Clean Ohio Trail Advisory Board	1519.06	127955
Coastal Resources Advisory Council	1506.12	127956
Commission on African-American Males	4112.12, 4112.13	127957
Commission on Hispanic-Latino Affairs	121.31	127958
Commission on Minority Health	3701.78	127959
Committee on Prescriptive Governance	4723.49 - 4723.492	127960
Commodity Advisory Commission	926.32	127961
Consumer Advisory Committee to the Rehabilitation Services Commission	3304.24	127962
Continuing Education Committee	109.80(B)	127963
Council on Alcohol and Drug Addiction Services	3793.09	127964
Council on Unreclaimed Strip Mined Lands	1513.29	127965
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	127966
Credential Review Board	3319.65	127967
Credit Union Council	1733.329	127968
Criminal Sentencing Advisory Committee	181.22	127969
Data Collection and Analysis Group	3727.32	127970
Dentist Loan Repayment Advisory Board	3702.92	127971
Department Advisory Council(s)	107.18, 121.13	127972
Development Financing Advisory Council	122.40, 122.41	127973
Early Childhood Advisory Council	3301.90	127974
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	127975
Education Management Information System Advisory Board	3301.0713	127976
Educator Standards Board	3319.60	127977
Electrical Safety Inspector Advisory Committee	3783.08	127978
Emergency Response Commission	3750.02	127979
Engineering Experiment Station Advisory Committee	3335.27	127980
Environmental Education Council	3745.21	127981
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	127982
~~eTech Ohio Commission~~	~~3353.02 - 3353.04~~	127983
Ex-Offender Reentry Coalition	5120.07	127984
Farmland Preservation Advisory Board	901.23	127985
Financial Planning and Supervision Commission(s) for Municipal Corporation, County, or Township	118.05	127986
Financial Planning and Supervision Commission for a school district	3316.05	127987
Forestry Advisory Council	1503.40	127988
Governance Authority for a State University or College	3345.75	127989
Governor's Council on People with Disabilities	3303.41	127990
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	127991
Governor's Residence Advisory Commission	107.40	127992
Grain Marketing Program Operating Committee	924.20 - 924.30	127993
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	127994
Gubernatorial Transition Committee	107.29, 126.26	127995
Help Me Grow Advisory Council	3701.611	127996
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	127997
Homeland Security Advisory Council	5502.011(E)	127998
Hospital Measures Advisory Council	3727.31	127999
Housing Trust Fund Advisory Committee	174.06	128000
Industrial Commission Nominating Council	4121.04	128001
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	128002
Infant Hearing Screening Subcommittee	3701.507	128003
Infection Control Group	3727.312(D)	128004
Insurance Agent Education Advisory Council	3905.483	128005
Interstate Rail Passenger Advisory Council	4981.35	128006
Joint Select Committee on Volume Cap	133.021	128007
Labor-Management Government Advisory Council	4121.70	128008
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	128009
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	128010
Maternity and Newborn Advisory Council	3711.20, 3711.21	128011
Medically Handicapped Children's Medical Advisory Council	3701.025	128012
Midwest Interstate Passenger Rail Compact Commission	4981.361	128013
Milk Sanitation Board	917.03 - 917.032	128014
Mine Subsidence Insurance Governing Board	3929.51	128015
Minority Development Financing Advisory Board	122.72, 122.73	128016
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	128017
National Museum of Afro-American History and Culture Planning Committee	149.303	128018
New African Immigrants Commission	4112.31, 4112.32	128019
Ohio Accountability Task Force	3302.021(E)	128020
Ohio Advisory Council for the Aging	173.03	128021
Ohio Agriculture License Plate Scholarship Fund Board	901.90	128022
Ohio Arts Council	Chapter 3379.	128023
Ohio Business Gateway Steering Committee	5703.57	128024
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	128025
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	128026
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	128027
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	128028
Ohio Commission on Fatherhood	5101.34	128029
Ohio Community Service Council	121.40 - 121.404	128030
Ohio Council for Interstate Adult Offender Supervision	5149.22	128031
Ohio Cultural Facilities Commission	Chapter 3383.	128032
Ohio Cystic Fibrosis Legislative Task Force	101.38	128033
Ohio Developmental Disabilities Council	5123.35	128034
Ohio Expositions Commission	991.02	128035
Ohio Family and Children First Cabinet Council	121.37	128036
Ohio Geographically Referenced Information Program Council	125.901, 125.902	128037
Ohio Geology Advisory Council	1501.11	128038
Ohio Grape Industries Committee	924.51 - 924.55	128039
Ohio Historic Site Preservation Advisory Board	149.301	128040
Ohio Historical Society Board of Trustees	149.30	128041
Ohio Judicial Conference	105.91 - 105.97	128042
Ohio Lake Erie Commission	1506.21	128043
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	128044
Ohio Medical Quality Foundation	3701.89	128045
Ohio Parks and Recreation Council	1541.40	128046
Ohio Peace Officer Training Commission	109.71, 109.72	128047
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	128048
Ohio Public Defender Commission	120.01 - 120.03	128049
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	128050
Ohio Quarter Horse Development Commission	3769.086	128051
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	128052
Ohio Soil and Water Conservation Commission	1515.02	128053
Ohio Standardbred Development Commission	3769.085	128054
Ohio Subrogation Rights Commission	2323.44	128055
Ohio Thoroughbred Racing Advisory Committee	3769.084	128056
Ohio Transportation Finance Commission	5531.12(B) to (D)	128057
Ohio Tuition Trust Authority	3334.03, 3334.08	128058
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	128059
Ohio Vendors Representative Committee	3304.34, 20 USC 107	128060
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	128061
Ohio Water Advisory Council	1521.031	128062
Ohio Water Resources Council Advisory Group	1521.19	128063
Ohio Water Resources Council	1521.19	128064
Oil and Gas Commission	1509.35	128065
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	128066
Organized Crime Investigations Commission	177.01	128067
Pharmacy and Therapeutics Committee of the Department of ~~Job and Family Services~~ Medicaid	~~5111.084~~ 5164.7510	128068
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	128069
Physician Loan Repayment Advisory Board	3702.81	128070
Power Siting Board	4906.02	128071
Prequalification Review Board	5525.07	128072
Private Water Systems Advisory Council	3701.346	128073
Public Utilities Commission Nominating Council	4901.021	128074
Public Utility Property Tax Study Committee	5727.85(K)	128075
Radiation Advisory Council	3748.20	128076
Reclamation Commission	1513.05	128077
Reclamation Forfeiture Fund Advisory Board	1513.182	128078
Recreation and Resources Commission	1501.04	128079
Recycling and Litter Prevention Advisory Council	1502.04	128080
School and Ministerial Lands Divestiture Committee	501.041	128081
Savings and Loan Associations and Savings Banks Board	1181.16	128082
Second Chance Trust Fund Advisory Committee	2108.35	128083
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	128084
Ski Tramway Board	4169.02	128085
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	128086
Solid Waste Management Advisory Council	3734.51	128087
Special Commission to Consider the Suspension of Local Government Officials	3.16	128088
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	128089
State Agency Coordinating Group	1521.19	128090
State Audit Committee	126.46	128091
State Council of Uniform State Laws	105.21 - 105.27	128092
State Criminal Sentencing Commission	181.22 - 181.26	128093
State Fire Council	3737.81	128094
State Library Board	3375.01	128095
State Victims Assistance Advisory Council	109.91(B) and (C)	128096
Statewide Consortium of County Law Library Resource Boards	3375.481	128097
STEM Committee	3326.02	128098
Student Tuition Recovery Authority	3332.081	128099
Sunset Review Committee	101.84 - 101.87	128100
Tax Credit Authority	122.17(M)	128101
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	128102
Technical Advisory Council on Oil and Gas	1509.38	128103
Transportation Review Advisory Council	5512.07 - 5512.09	128104
Unemployment Compensation Advisory Council	4141.08	128105
Unemployment Compensation Review Commission	4141.06	128106
Veterans Advisory Committee	5902.02(K)	128107
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	128108
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	128109
Water and Sewer Commission	1525.11(C)	128110
Waterways Safety Council	1547.73	128111
Wildlife Council	1531.03 - 1531.05	128112
Workers' Compensation Board of Directors Nominating Committee	4121.123	128113

Section 610.21. That existing Section 4 of Sub. S.B. 171 of	128114
the 129th General Assembly, as amended by Am. Sub. H.B. 487 of the	128115
129th General Assembly, is hereby repealed.	128116

Section 620.10. That Section 105.05 of Am. Sub. H.B. 2 of the	128117
128th General Assembly be amended to read as follows:	128118

Sec. 105.05. Section 121.53 of the Revised Code is hereby	128119
repealed, effective ~~September~~June 30, ~~2013~~2014.	128120

Section 620.11. That existing Section 105.05 of Am. Sub. H.B.	128121
2 of the 128th General Assembly is hereby repealed.	128122

Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

128123

As used in this section, "appointing authority" has the same	128124
meaning as in section 124.01 of the Revised Code, and "exempt	128125
employee" has the same meaning as in section 124.01 of the Revised	128126
Code.	128127

Notwithstanding section 124.181 of the Revised Code, in cases	128128
where no vacancy exists, an appointing authority may, with the	128129
written consent of an exempt employee, assign duties of a higher	128130
classification to that exempt employee for a period of time not to	128131
exceed two years, and that exempt employee shall receive	128132
compensation at a rate commensurate with the duties of the higher	128133
classification.	128134

Section 715.10. Two years after the amendments to section	128135
1501.011 of the Revised Code by this act take effect, the Ohio	128136
Facilities Construction Commission and the Department of Natural	128137
Resources shall review division (C) of that section.	128138

Section 733.10. Notwithstanding section 3317.01 of the	128139
Revised Code, as amended by this act, to determine whether a	128140
school district satisfied the minimum school year in the 2013-2014	128141
school year in order to qualify for state funding under Chapter	128142
3317. of the Revised Code for fiscal year 2015, the Department of	128143
Education shall apply the criteria prescribed in the version of	128144
division (B) of section 3317.01 of the Revised Code in effect	128145
prior to July 1, 2014.	128146

Section 733.20. The General Assembly hereby declares its	128147
intent, in enacting section 3319.031 of the Revised Code, to	128148
supersede any effect of the decision of the Court of Appeals of	128149
the Eighth Appellate District in OAPSE/AFSCME Local 4 v. Berdine,	128150
174 Ohio App.3d 46 (Cuyahoga County, 2007) to the extent the	128151
decision conflicts with the principle that boards of education may	128152
appoint a licensed business manager, but also may determine	128153
instead to assign the roles and functions of a business manager to	128154
one or more employees or officers of the board, including the	128155
treasurer, in the board's sole discretion.	128156

Section 733.30. The Chancellor of the Ohio Board of Regents	128157
by December 1, 2015, shall report to the Governor and the General	128158
Assembly, in accordance with section 101.68 of the Revised Code,	128159
on the efforts of state institutions of higher education to	128160
increase teaching workloads for full-time faculty, as prescribed	128161
by division (C) of section 3345.45 of the Revised Code. The report	128162
shall include an appendix of courses taught by faculty during	128163
fiscal years 2012, 2013, 2014, and 2015, and courses planned for	128164
fiscal year 2016.	128165

Section 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

128166

The Department of Mental Health and Addiction Services, in	128167
consultation with the Department of Medicaid, shall administer the	128168
Recovery Requires a Community Program to identify individuals	128169
residing in nursing facilities who can be successfully moved into	128170
a community setting with the aid of community non-Medicaid	128171
services.	128172

The Director of Mental Health and Addiction Services and the	128173
Medicaid Director shall agree upon an amount representing the	128174
savings realized from decreased nursing facility utilization to be	128175
transferred within the biennium from the Department of Medicaid to	128176
the Department of Mental Health and Addiction Services to support	128177
non-Medicaid program costs for individuals moving into community	128178
settings.	128179

Of the foregoing appropriation item 651525, Medicaid/Health	128180
Care Services, the Medicaid Director shall transfer the amount	128181
agreed upon representing the savings from the General Revenue Fund	128182
to the Sale of Goods and Services Fund (Fund 1490). The transfer	128183
shall be made using an intrastate transfer voucher. The	128184
transferred cash is hereby appropriated to appropriation item	128185
335609, Community Operating/Planning.	128186

Section 751.20. TAX EQUITY

128187

Notwithstanding section 5126.18 of the Revised Code, the	128188
foregoing appropriation item 322503, Tax Equity, may be used to	128189
distribute funds to county boards of developmental disabilities to	128190
address economic hardships and promote efficiency of operations.	128191
The Director shall determine, in consultation with representatives	128192
of county boards, the amount of funds to distribute for these	128193
purposes and the criteria for distributing the funds.	128194

Section 751.30. EMPLOYMENT FIRST PILOT PROGRAM

128195

The foregoing appropriation item 322508, Employment First	128196
Pilot Program, shall be used to increase employment opportunities	128197
for individuals with developmental disabilities through the	128198
Employment First Initiative in accordance with section 5123.022 of	128199
the Revised Code.	128200

Of the foregoing appropriation item, 322508, Employment First	128201
Pilot Program, the Director of Developmental Disabilities shall	128202
transfer, in each fiscal year, to the Opportunities for Ohioans	128203
with Disabilities Agency an amount agreed upon by the Director of	128204
Developmental Disabilities and the Executive Director of the	128205
Opportunities for Ohioans with Disabilities Agency. The transfer	128206
shall be made via an intrastate transfer voucher. The transferred	128207
funds shall be used to support the Employment First Pilot Program.	128208
The Opportunities for Ohioans with Disabilities Agency shall use	128209
the funds transferred as state matching funds to obtain available	128210
federal grant dollars for vocational rehabilitation services. Any	128211
federal match dollars received by the Opportunities for Ohioans	128212
with Disabilities Agency shall be used for the pilot program. The	128213
Director of Developmental Disabilities and the Executive Director	128214
of the Opportunities for Ohioans with Disabilities Agency shall	128215
enter into an interagency agreement in accordance with section	128216
3304.181 of the Revised Code that will specify the	128217
responsibilities of each agency under the pilot program. Under the	128218
interagency agreement, the Opportunities for Ohioans with	128219
Disabilities Agency shall retain responsibility for eligibility	128220
determination, order of selection, plan approval, plan amendment,	128221
and release of vendor payments.	128222

The remainder of appropriation item 322508, Employment First	128223
Pilot Program, shall be used to develop a long term, sustainable	128224
system that places individuals with developmental disabilities in	128225
community employment, as defined in section 5126.01 of the Revised	128226
Code.	128227

Section 751.31. EMPLOYMENT FIRST TASKFORCE FUND

128228

If an employment first task force is established by the	128229
Director of Developmental Disabilities in accordance with section	128230
5123.023 of the Revised Code, the Director of Budget and	128231
Management shall establish an appropriation item from the	128232
Employment First Taskforce Fund for use by the Department of	128233
Developmental Disabilities to support the work of the task force.	128234
In fiscal year 2014 and fiscal year 2015, if an employment first	128235
task force is established, the Director of Developmental	128236
Disabilities shall certify to the Director of Budget and	128237
Management the appropriation amounts necessary for the Department	128238
of Developmental Disabilities to fulfill its obligation to support	128239
the work of the task force. Once the certification required under	128240
this section has been submitted and approved by the Director of	128241
Budget and Management, the appropriations established under this	128242
section are hereby appropriated in the amounts approved by the	128243
Director of Budget and Management.	128244

Section 753.10. (A) The Director of Administrative Services,	128245
on behalf of the Department of Rehabilitation and Correction, is	128246
authorized to sell by bid, auction, real estate sale agreement, or	128247
through any other available legal means, all of the state's right,	128248
title, and interest in any or all of the real property described	128249
below, that the Director of Administrative Services and the	128250
Director of Rehabilitation and Correction determine should be sold	128251
in the best interest of, and as surplus to, the needs of the	128252
state.	128253

(B) The Governor is authorized to execute one or more deeds	128254
in the name of the state, conveying to one or more purchasers,	128255
their heirs and assigns or successors and assigns, all of the	128256
state's right, title, and interest in one or more of the real	128257
properties and improvements described below:	128258

101 Oval Drive Lima 45801

128259

102 Oval Drive Lima 45801

128260

1757 South Avon Belden Road Grafton 44044

128261

2069 South Avon Belden Road Grafton 44044

128262

900 East Capel Road Grafton 44044

128263

1088 North Main Street Mansfield 44903

128264

1659 Scioto Village Drive Marion 43302

128265

1674 Scioto Village Drive Marion 43302

128266

1686 Scioto Village Drive Marion 43302

128267

1693 Scioto Village Drive Marion 43302

128268

1705 Scioto Village Drive Marion 43302

128269

1710 Scioto Village Drive Marion 43302

128270

1717 Scioto Village Drive Marion 43302

128271

745 Likens Road Marion 43302

128272

813 Likens Road Marion 43302

128273

PCI Unit 4 - 11781 State Route 762 Orient 43146

128274

103 Reservation Circle Chillicothe 45601

128275

123 Reservation Circle Chillicothe 45601

128276

124 Reservation Circle Chillicothe 45601

128277

14166 Pleasant Valley Road Chillicothe 45601

128278

1187 Cook Road Lucasville 45648

128279

(C) The Director of Administrative Services shall convey the	128280
real estate, its improvements and chattels, "as-is," in its	128281
present condition.	128282

(D) Consideration for conveyance of the real estate shall be	128283
determined by bid, auction, or negotiated purchase agreement, at	128284
the discretion of the Director of Administrative Services and the	128285
Director of Rehabilitation and Correction.	128286

(E) The real property shall be conveyed subject to all	128287
easements, covenants, conditions, and restrictions of record; all	128288
legal highways; zoning, building, and other laws, ordinances,	128289
restrictions, and regulations; and real estate taxes and	128290
assessments not yet due and payable.	128291

(F)(1) The deed or deeds to the real estate may contain any	128292
terms and conditions the Director of Administrative Services and	128293
the Director of Rehabilitation and Correction determine to be in	128294
the best interest of the state. The deed or deeds may contain	128295
restrictions that the Directors determine are reasonably necessary	128296
to protect the interest of the state in neighboring state-owned	128297
land.	128298

(2) The deed or deeds shall contain restrictions prohibiting	128299
the purchaser from occupying, using, developing, or selling the	128300
real estate, such as will interfere with quiet enjoyment of the	128301
neighboring state-owned land.	128302

(G) The method of sale and disposition of the real estate	128303
shall be determined by the Director of Administrative Services and	128304
the Director of Rehabilitation and Correction.	128305

(H) The real estate may be sold as an entire tract, as	128306
multiple tracts, or in parcels.	128307

(I) The purchaser or purchasers shall pay all costs	128308
associated with the purchase and conveyance of the real estate,	128309
including, but not limited to, title evidence, title insurance,	128310
transfer costs and fees, recording costs of the deed, taxes, and	128311
any other fees and costs that may be imposed.	128312

(J) Surveys and legal descriptions as are required for the	128313
conveyance of the real estate shall be prepared at the purchaser's	128314
expense.	128315

(K) The net proceeds of the sale of the real estate shall be	128316
deposited into the state treasury to the credit of the Property	128317
Receipts Fund created by section 5120.22 of the Revised Code.	128318

(L) Upon payment of the purchase price for all or any of the	128319
real estate, the Auditor of State, with the assistance of the	128320
Attorney General, shall prepare a deed or deeds for the real	128321
estate. A deed shall state the consideration, and any terms or	128322
conditions and the restrictions. A deed shall be executed by the	128323
Governor in the name of the state, countersigned by the Secretary	128324
of State, sealed with the Great Seal of the State, presented in	128325
the Office of the Auditor of State for recording, and delivered to	128326
the purchaser. The purchaser shall present the deed for recording	128327
in the office of the appropriate County Recorder.	128328

(M) This section expires two years after its effective date.

128329

Section 757.10. MINIMUM DISTRIBUTION OF LOCAL GOVERNMENT	128330
FUND	128331

Notwithstanding any provision of section 131.51 of the	128332
Revised Code to the contrary, from revenue arising from the	128333
personal income tax levied under Chapter 5747. of the Revised	128334
Code, an amount equal to one hundred per cent of the amount	128335
credited to the Local Government Fund in July 2012 shall be	128336
credited to such fund in July 2013. In July 2013 each county	128337
undivided local government fund shall receive the same amount it	128338
received in July 2012. In July 2013 each municipal corporation	128339
shall receive the same amount it directly received from the Local	128340
Government Fund in July 2012.	128341

Section 757.20. (A) On or before June 15, 2014, the Director	128342
of the Ohio Public Works Commission shall certify to the Director	128343
of Budget and Management the amount of debt service paid from the	128344
General Revenue Fund in fiscal years 2013 and 2014 on bonds issued	128345
to finance or assist in the financing of the cost of local	128346
subdivision public infrastructure capital improvement projects, as	128347
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio	128348
Constitution, that are attributable to costs for construction,	128349
reconstruction, maintenance, or repair of public highways and	128350
bridges and other statutory highway purposes. That certification	128351
shall allocate the total amount of debt service paid from the	128352
General Revenue Fund and attributable to those costs in each of	128353
fiscal years 2013 and 2014 according to the applicable section of	128354
the Ohio Constitution under which the bonds were originally	128355
issued.	128356

(B) On or before June 15, 2015, the Director of the Ohio	128357
Public Works Commission shall certify to the Director of Budget	128358
and Management the amount of debt service paid from the General	128359
Revenue Fund in fiscal year 2015 on bonds issued to finance or	128360
assist in the financing of the cost of local subdivision public	128361
infrastructure capital improvement projects, as provided for in	128362
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that	128363
are attributable to costs for construction, reconstruction,	128364
maintenance, or repair of public highways and bridges and other	128365
statutory highway purposes. That certification shall allocate the	128366
total amount of debt service paid from the General Revenue Fund	128367
and attributable to those costs in fiscal year 2015 according to	128368
the applicable section of the Ohio Constitution under which the	128369
bonds were originally issued.	128370

(C) On or before June 30 of each fiscal year, the Director of	128371
Budget and Management shall determine an amount up to but not	128372
exceeding the amount certified under division (A) or (B) of this	128373
section and shall reserve that amount from the cash balance in the	128374
Commercial Activity Tax Motor Fuel Receipts Fund for transfer to	128375
the General Revenue Fund at times and in amounts to be determined	128376
by the Director. The Director shall transfer the cash balance in	128377
the Commercial Activity Tax Motor Fuel Receipts Fund in excess of	128378
the amount so reserved to the Highway Operating Fund on or before	128379
June 30 of each fiscal year.	128380

Section 803.10. An investor who is issued a tax credit	128381
certificate under section 122.152 of the Revised Code prior to	128382
that section's repeal by this act may continue to claim that	128383
credit in the manner provided for in that section.	128384

Section 803.20. The member of the Farmland Preservation	128385
Advisory Board appointed under division (A)(4) of section 901.23	128386
of the Revised Code, as that section existed prior to its	128387
amendment by this act, who is serving on the effective date of	128388
this act shall continue to serve until the expiration of the term	128389
for which the member was appointed. At the end of that term, a	128390
member shall be appointed in accordance with division (A)(4) of	128391
that section as amended by this act.	128392

Section 803.30. A member of the technical advisory committee	128393
created in section 1551.35 of the Revised Code, as amended by this	128394
act, who was appointed by the Director of the Ohio Coal	128395
Development Office and who is serving on the committee immediately	128396
prior to the effective date of the amendments to that section	128397
shall continue in office until the expiration of the member's	128398
term. Thereafter, the appointment of a member for that position on	128399
the committee shall be made in accordance with the amendments to	128400
that section by this act.	128401

Section 803.40. A member serving on the Rehabilitation	128402
Services Commission immediately prior to the effective date of	128403
this section who was appointed under section 3304.12 of the	128404
Revised Code as that section existed prior to its amendment by	128405
this act shall continue serving on the Opportunities for Ohioans	128406
with Disabilities Commission established by the amendments to that	128407
section by this act until the end of the term for which the member	128408
was appointed.	128409

Section 803.50. The amendments to sections 3313.48, 3313.533,	128410
3313.62, 3317.01, and 3321.05; the repeal and reenactment of	128411
section 3313.481; and the repeal of section 3313.482 of the	128412
Revised Code made by this act do not apply to any collective	128413
bargaining agreement executed under Chapter 4117. of the Revised	128414
Code prior to July 1, 2014. Any collective bargaining agreement or	128415
renewal executed after that date shall comply with the changes	128416
provided for in this act.	128417

Section 803.60. (A) As used in this section:

128418

(1) "State institution of higher education" has the same	128419
meaning as in section 3345.011 of the Revised Code.	128420

(2) "Career-technical planning district" has the same meaning	128421
as in section 3302.033 of the Revised Code.	128422

(B) Nothing in Chapter 3365. of the Revised Code or the	128423
amendment of sections in that chapter by this act shall be	128424
construed to infringe upon or require the alteration of any	128425
existing or future articulation agreement for technical coursework	128426
offered through state-approved career-technical programs of study	128427
or any corresponding payment structure between any state	128428
institution of higher education and a career-technical planning	128429
district.	128430

The Department of Education and the Board of Regents shall	128431
study the implications of applying the changes in Chapter 3365. of	128432
the Revised Code to articulation agreements for technical	128433
coursework offered through state-approved career-technical	128434
programs of study. The Department and the Board also shall make	128435
recommendations on how such career-technical programs of study	128436
might be included under Chapter 3365. of the Revised Code and the	128437
implications of including them. These recommendations shall be	128438
submitted to the Governor's Office of 21st Century Education and	128439
the General Assembly in accordance with section 101.68 of the	128440
Revised Code, not later than July 1, 2014.	128441

Section 803.70. The amendment by this act of sections	128442
122.175, 351.12, 3951.01, 4719.01, 5727.01, 5739.01, 5739.011,	128443
5739.02, 5739.027, 5739.029, 5739.03, 5739.033, 5739.051,	128444
5739.071, 5741.01, and 5741.02 of the Revised Code applies to the	128445
storage, use, or other consumption of tangible personal property	128446
or services and retail sales of tangible personal property or	128447
services occurring on or after September 1, 2013.	128448

Section 803.80. (A) The amendment by this act of section	128449
5747.01 of the Revised Code, striking existing division (A)(29) of	128450
that section, applies to taxable years ending on or after the	128451
effective date of this section.	128452

(B) The amendment by this act of section 5747.022 and	128453
division (A) of section 5747.025 of the Revised Code applies to	128454
taxable years beginning on or after January 1, 2013.	128455

(C) The amendment by this act of division (A)(31) of section	128456
5747.01, division (C) of section 5747.025, and of sections	128457
5747.02, 5747.05, 5747.08, 5747.21, 5747.22, and 5748.01, and the	128458
repeal of section 5747.211 of the Revised Code apply to taxable	128459
years beginning on or after January 1, 2013.	128460

Section 803.90. The amendment by this act of section 5751.07	128461
of Revised Code applies to original returns filed on or after	128462
January 1, 2014.	128463

Section 803.120. (A) The amendment or enactment by this act	128464
of division (C)(12) of section 5703.21, section 5749.01, all	128465
divisions of section 5749.02 except for divisions (A)(5) and (6)	128466
of that section, divisions (F), (H), and (I) of section 5749.06,	128467
and section 5749.17 of the Revised Code applies to the severance	128468
of natural resources occurring in calendar quarters beginning on	128469
or after October 1, 2013.	128470

(B) The amendment, enactment, or repeal by this act of	128471
sections 113.061, 1509.02, 1509.34, 1509.50, 5703.052, 5749.03,	128472
and 5749.031, divisions (A), (B), (D), (E), and (G) of section	128473
5749.06, and sections 5749.07, 5749.08, 5749.10, 5749.12, 5749.13,	128474
5749.14, and 5749.15 of the Revised Code applies to the severance	128475
of natural resources occurring in calendar quarters beginning on	128476
or after January 1, 2014.	128477

Section 803.130. The amendment or enactment by this act of	128478
sections 321.49, 1509.06, 5705.27, 5705.32, 5705.37, and 5705.52	128479
of the Revised Code applies to applications for well permits filed	128480
with the Chief of the Division of Oil and Gas Resources Management	128481
on or after October 1, 2013.	128482

Section 803.140. The amendment by this act of sections	128483
5713.05 and 5713.051 of the Revised Code applies to tax year 2014	128484
and every tax year thereafter.	128485

Section 806.10. The items of law contained in this act, and	128486
their applications, are severable. If any item of law contained in	128487
this act, or if any application of any item of law contained in	128488
this act, is held invalid, the invalidity does not affect other	128489
items of law contained in this act and their applications that can	128490
be given effect without the invalid item of law or application.	128491

Section 809.10. An item of law, other than an amending,	128492
enacting, or repealing clause, that composes the whole or part of	128493
an uncodified section contained in this act has no effect after	128494
June 30, 2015, unless its context clearly indicates otherwise.	128495

Section 812.10. Except as otherwise provided in this act, the	128496
amendment, enactment, or repeal by this act of a section is	128497
subject to the referendum under Ohio Constitution, Article II,	128498
Section 1c and therefore takes effect on the ninety-first day	128499
after this act is filed with the Secretary of State or, if a later	128500
effective date is specified below, on that date.	128501

The amendment of section 5739.211 of the Revised Code takes	128502
effect December 1, 2013.	128503

The enactment of section 5162.12 of the Revised Code takes	128504
effect January 1, 2014.	128505

The amendment, enactment, or repeal of sections 3313.48,	128506
3313.533, 3313.62, 3314.092, 3321.05, and 3326.11 of the Revised	128507
Code takes effect July 1, 2014.	128508

The repeal and reenactment of section 3313.481 of the Revised	128509
Code takes effect July 1, 2014.	128510

The amendment of section 5743.05 of the Revised Code takes	128511
effect July 1, 2014.	128512

Sections 323.70, 323.110, 323.120, and 323.480 of this act	128513
take effect at the earliest time permitted by law but not earlier	128514
than September 30, 2013.	128515

Section 812.20. The amendment, enactment, or repeal by this	128516
act of the sections listed below is exempt from the referendum	128517
under Ohio Constitution, Article II, Section 1d and section 1.471	128518
of the Revised Code and therefore takes effect immediately when	128519
this act becomes law or, if a later effective date is specified	128520
below, on that date.	128521

Sections 122.175, 333.01, 351.12, 3734.57, 3734.901, 3951.01,	128522
4301.43, 5713.05, 5713.051, 5727.01, 5727.84, 5739.011, 5739.02,	128523
5739.021, 5739.023, 5739.026, 5739.027, 5739.029, 5739.0211,	128524
5739.03, 5739.033, 5739.051, 5739.071, 5739.21, 5741.01, 5741.02,	128525
5741.021, 5741.022, 5741.023, 5741.05, 5747.501, 5749.01, 5749.02,	128526
5749.031, and 5753.03 of the Revised Code.	128527

Sections of this act prefixed with section numbers in the	128528
200's, 300's, 400's, and 500's except for sections 323.70,	128529
323.110, 323.120, 323.480, 363.230, 363.520, 363.540, and 363.550	128530
of this act.	128531

Sections 812.10, 812.20, and 812.30 of this act.

128532

The enactment of section 5168.41 of the Revised Code takes	128533
effect July 1, 2013.	128534

Section 812.30. The sections that are listed in the	128535
left-hand column of the following table combine amendments by this	128536
act that are and that are not exempt from the referendum under	128537
Ohio Constitution, Article II, sections 1c and 1d and section	128538
1.471 of the Revised Code.	128539

The middle column identifies the amendments to the listed	128540
sections that are subject to the referendum under Ohio	128541
Constitution, Article II, Section 1c and therefore take effect on	128542
the ninety-first day after this act is filed with the Secretary of	128543
State or, if a later effective date is specified, on that date.	128544

The right-hand column identifies the amendments to the listed	128545
sections that are exempt from the referendum under Ohio	128546
Constitution, Article II, Section 1d and section 1.471 of the	128547
Revised Code and therefore take effect immediately when this act	128548
becomes law or, if a later effective date is specified, on that	128549
date.	128550

Section of law	Amendments subject to referendum	Amendments exempt from referendum	128551
3745.11	Amendments to division (M)(5)	All amendments except as described in the middle column	128552
4719.01	Amendments to division (B)(26)(c)	Amendments to division (B)(12)(d)	128553
5112.30 (5168.60)	All amendments except as described in the right-hand column	Amendments to division (A) take effect July 1, 2013	128554
5739.01	Amendment to division (B)(10)(b)	All amendments except as described in the middle column	128555
5751.20	Amendments to division (J)	All amendments except as described in the middle column	128556
6109.21	The stricken sentence in division (E)	All amendments except as described in the middle column	128557

Section 812.40. The amendments to sections 109.572, 169.02,	128558
3317.01, 5101.573 (5160.40), 5101.58 (5160.37), 5111.07	128559
(5164.752), 5111.071 (5164.753), 5111.083 (5164.757), 5111.17	128560
(5167.10), and 5111.19 (5164.74) of the Revised Code are subject	128561
to the referendum under Ohio Constitution, Article II, Section 1c	128562
and section 1.471 of the Revised Code, and therefore take effect	128563
on the ninety-first day after this act is filed with the Secretary	128564
of State. However:	128565

(A) In section 109.572 of the Revised Code, the insertion of	128566
"169.16," in divisions (A)(8), (B)(1), and (C)(3) takes effect	128567
September 30, 2013.	128568

(B) In section 169.02 of the Revised Code, the amendments to	128569
division (R)(2) take effect on the ninety-first day; all other	128570
amendments take effect September 30, 2013.	128571

(C) In section 3317.01 of the Revised Code, the amendments to	128572
division (B) take effect July 1, 2014.	128573

(D) In section 5101.573 (5160.40) of the Revised Code, the	128574
new matter inserted into division (C) takes effect January 1,	128575
2014.	128576

(E) In section 5101.58 (5160.37) of the Revised Code, the	128577
insertion of division (K) takes effect January 1, 2014.	128578

(F)(1) In section 5111.07 (5164.752) of the Revised Code, all	128579
of the amendments take effect July 1, 2014, except for the	128580
following amendments:	128581

(a) The renumbering of the section;

128582

(b) The strike through of "job and family services" and	128583
insertion of "medicaid" in the first sentence as the section	128584
appears on the day immediately preceding the effective date of	128585
this section.	128586

(2) The reference to "director of job and family services" in	128587
the last sentence shall be read as if it reads the "director of	128588
medicaid" while the last sentence remains in effect.	128589

(G) In section 5111.071 (5111.753) of the Revised Code, the	128590
insertion in the last sentence of "and the extent to which each	128591
terminal distributor participates in the medicaid program as a	128592
provider of drugs" takes effect July 1, 2014.	128593

(H) In section 5111.083 (5164.757) of the Revised Code, all	128594
of the amendments take effect January 1, 2014, except for the	128595
following amendments:	128596

(1) The renumbering of the section;

128597

(2) The insertion of "medicaid" before "director" in the	128598
first sentence of division (B);	128599

(3) The strike through of "of job and family services".

128600

(I) In section 5111.17 (5167.10) of the Revised Code, the	128601
amendments to division (B)(2) take effect January 1, 2014.	128602

(J) In section 5111.19 (5164.74) of the Revised Code, the	128603
following amendments take effect January 1, 2014:	128604

(1) The insertion of ", and the allocation of payments for,"	128605
in the first paragraph;	128606

(2) The strike through of the second paragraph and divisions	128607
(A), (B), and (C).	128608

Section 812.50. Sections 122.58, 169.01, 169.03, 169.05,	128609
169.06, 169.07, 169.08, 169.13, 169.14, and 169.16 of the Revised	128610
Code shall take effect at the earliest time permitted by law but	128611
not before September 30, 2013.	128612

Section 812.60. (A) Except as provided in division (B) of	128613
this section, the amendments of this act to section 5111.251 of	128614
the Revised Code, including the renumbering of the section as	128615
section 5124.17 of the Revised Code, take effect ninety-one days	128616
after the effective date of this section.	128617

(B) The following amendments by this act to section 5111.251	128618
(5124.17) of the Revised Code take effect July 1, 2014:	128619

(1) The amendments that halve the efficiency incentive	128620
payment for intermediate care facilities for individuals with	128621
intellectual disabilities that have more than eight beds;	128622

(2) The amendments that eliminate the nonextensive	128623
renovations component of the Medicaid payments for the capital	128624
costs of intermediate care facilities for individuals with	128625
intellectual disabilities that have more than eight beds;	128626

(3) The amendments that eliminate the return on equity	128627
component of the Medicaid payments for the capital costs of all	128628
intermediate care facilities for individuals with intellectual	128629
disabilities.	128630

Section 815.10. The General Assembly, applying the principle	128631
stated in division (B) of section 1.52 of the Revised Code that	128632
amendments are to be harmonized if reasonably capable of	128633
simultaneous operation, finds that the following sections,	128634
presented in this act as composites of the sections as amended by	128635
the acts indicated, are the resulting versions of the sections in	128636
effect prior to the effective date of the sections as presented in	128637
this act:	128638

Section 9.90 of the Revised Code as amended by both Am. Sub.	128639
H.B. 153 and Sub. S.B. 171 of the 129th General Assembly.	128640

Section 109.572 of the Revised Code as amended by both Am.	128641
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	128642

Section 122.17 of the Revised Code as amended by Sub. H.B.	128643
327, Am. Sub. H.B. 510, and Am. Sub. S.B. 314, all of the 129th	128644
General Assembly.	128645

Section 122.33 of the Revised Code as amended by both Am.	128646
Sub. H.B. 117 and Am. Sub. H.B. 356 of the 121st General Assembly.	128647

Section 124.381 of the Revised Code as amended by both Am.	128648
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128649

Section 149.43 of the Revised Code as amended by both Am.	128650
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly.	128651

Section 169.13 of the Revised Code as amended by both Am.	128652
Sub. H.B. 699 and Am. Sub. S.B. 223 of the 126th General Assembly.	128653

Section 329.06 of the Revised Code as amended by both Am.	128654
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128655

Section 955.201 of the Revised Code as amended by both Am.	128656
Sub. H.B. 1 and Am. Sub. H.B. 2 of the 128th General Assembly.	128657

Section 2901.30 of the Revised Code as amended by both Am.	128658
H.B. 181 and Sub. S.B. 87 of the 127th General Assembly.	128659

Section 2923.126 of the Revised Code as amended by both Am.	128660
Sub. H.B. 495 and Am. Sub. S.B. 316 of the 129th General Assembly,	128661
that is scheduled to take effect January 1, 2014.	128662

Section 2929.13 of the Revised Code as amended by Am. Sub.	128663
H.B. 62, Am. Sub. H.B. 262, and Am. Sub. S.B. 160 of the 129th	128664
General Assembly.	128665

Section 3304.231 of the Revised Code as amended by both Am.	128666
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128667

Section 3701.78 of the Revised Code as amended by both Am.	128668
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128669

Section 3734.01 of the Revised Code as amended by both Am.	128670
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	128671

Section 3745.11 of the Revised Code as amended by both Am.	128672
Sub. H.B. 487 and Sub. S.B. 294 of the 129th General Assembly.	128673

Section 5104.012 of the Revised Code as amended by both Am.	128674
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	128675
that is scheduled to take effect January 1, 2014.	128676

Section 5104.013 of the Revised Code as amended by both Am.	128677
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly,	128678
that is scheduled to take effect January 1, 2014.	128679

Section 5111.032 of the Revised Code as amended by both Am.	128680
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	128681

Section 5111.033 of the Revised Code as amended by both Am.	128682
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	128683

Section 5111.034 of the Revised Code as amended by both Am.	128684
Sub. H.B. 487 and Am. Sub. S.B. 337 of the 129th General Assembly.	128685

Section 5111.172 of the Revised Code as amended by both Am.	128686
Sub. H.B. 93 and Am. Sub. H.B. 153 of the 129th General Assembly.	128687

Section 5119.16 of the Revised Code as amended by both Am.	128688
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	128689

Section 5701.13 of the Revised Code as amended by both Sub.	128690
H.B. 267 and Am. Sub. H.B. 487 of the 129th General Assembly.	128691

Section 5731.39 of the Revised Code as amended by both Am.	128692
Sub. H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	128693

Section 5739.01 of the Revised Code as amended by Am. Sub.	128694
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	128695

Section 5739.02 of the Revised Code as amended by Am. Sub.	128696
H.B. 487 and Am. Sub. H.B. 508 of the 129th General Assembly.	128697

Section 5747.01 of the Revised Code as amended by Am. H.B.	128698
167, Sub. H.B. 365, and Am. Sub. H.B. 510, all of the 129th	128699
General Assembly.	128700

Section 5747.98 of the Revised Code as amended by both Am.	128701
Sub. H.B. 386 and Am. Sub. H.B. 510 of the 129th General Assembly.	128702

Section 5749.02 of the Revised Code as amended by both Am.	128703
Sub. H.B. 1 and S.B. 73 of the 128th General Assembly.	128704

Section 5751.20 of the Revised Code as amended by both Am.	128705
Sub. H.B. 508 and Am. Sub. S.B. 316 of the 129th General Assembly.	128706

Section 5753.03 of the Revised Code as amended by both Am.	128707
Sub. H.B. 487 and Am. Sub. H.B. 386 of the 129th General Assembly.	128708

Section 815.20. The amendment of section 5120.07 of the	128709
Revised Code by this act is not intended to supersede the earlier	128710
repeal, with delayed effective date, of that section.	128711

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Bill Text: OH HB59 | 2013-2014 | 130th General Assembly | Introduced

Ohio House Bill 59 (Prior Session Legislation)

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